HomeMy WebLinkAboutO-668/786SPECIAL ORDINANCE NO. 668/786
FLOOD DAMAGE PREVENTION ORDINANCE
COMBINES ORIGINAL ORD #668 & UPDATE ORD #786 AS
ADOPTED 23 MARCH 1987
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS
FOLLOWS:
ARTICLE I.
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVE
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Alabama has, in Title 11, Chapter 52,
Section 1 through 84, and Title 41, Chapter 9, Section 166, of the Code
of Alabama, 1975 authorized local governmental units to adopt
regulations designed to promote the public health, safety and general
welfare of its citizenry.
SECTION B. FINDINGS OF FACT
1. The flood hazard areas of the City of Fairhope are subject to
periodic inundation which results in loss of life, property, health and
safety hazards, disruption of commerce and of governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public
health, safety and general welfare.
2. These flood losses are caused by the cumulative effect of
obstructions in flood plains causing increases in flood heights and
velocities, and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands which are inadequately
elevated, flood -proofed, or otherwise protected from flood damages.
SECTION C. STATEMENT OF PURPOSE
It is the intent of this ordinance to promote the public health, safety
and general welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
1. restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion or in flood heights or velocities;
2. require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
3. control the alteration of natural flood plains, stream channels,
and natural protective barriers which are involved in the accomodation
of flood waters;
4, control filling, grading, dredging and other development which may
increase erosion or flood damage, and;
5. prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to
other lands.
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SECTION D. OBJECTIVES
The objectives of this ordinance are:
1. to protect human life and health;
2. to minimize expenditure of public money for costly flood control
projects;
3. to minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
4. to minimize prolonged business interruptions;
5. to minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in flood plains;
6. to help maintain a stable tax base by providing for the sound use
and development of flood prone areas in such a manner as to minimize
future flood blight areas, and;
7. to insure that potential home buyers are notified that property is
in a flood area.
ARTICLE II_
DEFINITIONS
2. 1
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they have
in common useage and to give this ordinance its most resonable
application.
2.1.01
"Addition (to and existing building)" - means any walled and roofed
expansion to the perimeter of a building in which the addition is
connected by a common load -bearing wall other than a fire wall. Any
walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load -bearing walls is new
construction.
2.1.02
"Appeal" - means a request for a review of the Building Official's
interpretation of any provision of this ordinance or a request for a
variance.
2.1.03
"Area of shallow flooding" - means a designated AO or VO Zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths
from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and
where velocity flow may be evident.
2.1.04
"Area of special flood hazard" - is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any
given year.
F,
2.1.21
"Base flood" - means the flood having a one percent chance of being
equaled or exceeded in any given year.
2.1.22
"Basement" - means that portion of a building having its floor
subgrade (below ground level) on all sides.
2.1.23
"Breakaway wall" - means a wall that is not part of the structural
support of the building and is intended through its design and
construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the building or the
supporting foundation system.
2.1.24
"Building" - means any structure built for support, shelter, or
enclosure for any occupancy or storage.
2. 1 . 41
"Coastal High Hazard Area" - means the area subject to hign velocity
waters caused by, but not limited to, hurricane wave wash. The area is
designated on a FIRM as Zone V1-30. VE or V.
2.1.61 "Development" - means any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, or permanent storage of materials.
2.1.81
"Elevated building" - means a non -basement building built to have the
lowest floor elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns (posts and piers), shear
walls, or breakaway walls.
2. 1 . 101
"Flood or flooding" - means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
2.1.102
"Flood Hazard Boundary Map (FHBM)" - means an official map of a
community, issued by the Federal Emergency Management Agency, where the
boundaries of the areas of special flood hazard have been defined as
Zone A.
2.1.103
"Flood Insurance Rate Map (FIRM)" - means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
2. 1 . 104
"Flood Insurance Study" - is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary Floodway Map and the water
surface elevation of the flood.
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2.1.105
"Floodway" - means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot.
2.1.106
"Floor" - means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab construction
or top of wood flooring in wood frame construction. The term does not
include the floor of a garage used solely for parking vehicles.
2. 1. 107
"Functionally dependent facility" - means a facility which cannot be
used for its intended purpose unless it is located or carried out in
close proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers, shipbuilding,
ship repair, or seafood processing facilities. The term does not
include long-term storage, manufacture, sales, or service facilities.
2. 1. 141
"Highest adjacent grade" - means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of a
structure.
2. 1.221
"Lowest floor" - means the lowest floor of the lowest enclosed area,
including basement. An unfinished or flood resistant enclosure,
capable of being used solely for the parking of vehicles, building
access or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure is
not built so as to render the structure in violation of the applicable
non -elevation design requirements of this ordinance.
2.1.241
"Mean Sea Level" - means the average height of the sea for all stages
of the tide. It is used as a reference for establishing various
elevations within the flood plain. For purposes of this ordinance, the
term is synonymous with National Geodetic Vertical Datum (NGVD).
2.1.242
"Manufactured home" - means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be used
with or without a permanent foundation when connected to the required
utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property.
2. 1.243
"Manufactured Home Park or Subdivision" - means a parcel or contiguous
parcels of land divided into two or more manufactured home lots for
rent or sale.
2. 1.261
"National Geodetic Vertical Datum (NGVD)" - as corrected in 1929 is a
vertical control used as reference for establishing varying elevations
within the flood plain.
2. 1.262
"New construction" - means structures for which the start of
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construction commenced on or after the effective date of this
ordinance.
2.1.361
"Sand dunes" - means naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
2. 1.362
"Start of construction" - for other than new construction or
substantial improvements under the Coastal Barrier Resources Act ( P.L.
97-348), includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the
permit date. The actual start means the first placement of permanent
construction of a structure (including a manufactured home) on a site,
such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or
the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure.
2. 1.363
"Structure" - means a walled and roofed building that is principally
above ground, a manufactured home, a gas or liquid storage tank, other
man-made facilities or infrastructures.
2.1.364
"Substantial improvement" - means any combination of repairs,
reconstruction, alteration, or improvements to a structure, built prior
to enactment of this ordinance, in which the cumulative cost equals or
exceeds fifty percent of the market value of the structure. The market
value of the structure should be (1) the appraised value of the
structure prior to the start of the initial repair or improvement, or
(2) in the case of damage, the value of the struture prior to the
damage occurring. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include, any
project for improvement of a structure required to comply with existing
health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions.
2. 1.421
"Variance" - is a grant of relief from the requirements of this
ordinance which permits construction in a manner otherwise prohibited
by this ordinance where specific enforcement would result in
unnecessary hardship.
ARTICLE III.
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordiance shall apply to all areas of special flood hazard within
the jurisdiction of the City of Fairhope.
SECTION B. BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance
Administration in its Flood Hazard Boundary Map (FHBM), No. 01-10,
dated May 24, 1974 and subsequent revisions thereto are adopted by
reference and declared to be a part of this ordinance; or the areas of
special flood hazard identified by the Federal Insurance Administration
through a "Flood Insurance Study for the City of Fairhope" with
accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway
Maps and any revision thereto are hereby adopted by reference and are
included herein.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be required in conformance with the
provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, extended, converted,
or structurally altered without full compliance with the terms of this
ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, convenants, or deed restrictions. However, where
this ordinance and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation of this ordinance all provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body, and;
(3) deemed neither to limit nor to repeal any other powers granted
under state statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not create
liability on the part of the City of Fairhope or any officer or
employee therof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made thereunder.
SECTION H. PENALTIES FOR VIOLATIONS
Violation of the provisions of this ordinance or failure to comply with
any of its requirements, including violations of conditions and
safeguards established in connection with grants of variance or special
0
exceptions, shall constitute a misdemeanor. Any person who violates
this ordinance or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than FIVE HUNDRED DOLLARS
($500.00) or imprisoned for not more than 180 days, or both, and in
addition shall pay all costs and expenses involved in the case. Each
day such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent or remedy any violation.
SECTION I. REMEDIES
In the event that any building or structure is to be erected,
constructed, reconstructed, altered, converted or otherwise in
violation of this ordinance, the Building Official or other appropriate
authority may, in addition to other remedies, seek injunction, mandamus
or other appropriate action or proceeding to prevent such unlawful
erection, construction, reconstruction, alteration, conversion,
maintenance or use; or to correct or abate such violation or to prevent
the occupancy of said building, structure or land. Each and every day
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use continues shall be deemed a separate
offense.
ARTICLE IV
ADMINISTRATION AND ENFORCEMENT
SECTION A. DESIGNATION OF BUILDING OFFICIAL
The Building Official of the City of Fairhope is hereby appointed to
administer and enforce the provisions of this ordinance.
SECTION B. DUTIES AND POWERS OF THE BUILDING OFFICIAL
Duties of the Building Official shall include the following:
(1) Review all permits to assure that the permit requirements of this
ordinance have been satisfied.
(2) Advise applicant of any additional federal or state permits known
to be required and require submission of copies of same before permit
is issued.
(3) In the event of alteration or relocation of any watercourse,
assure that maintenance is provided within the altered or relocated
watercourse so that the flood carrying capacity is not diminished.
(4) Require that the applicant for a permit furnish written
certification by a registered engineer of the actual elevation in
relation to mean sea level of the lowest structural member of the
lowest floor, including basement, of all new or substantially improved
structures, and, where applicable, the actual elevation to which new or
substantially improved structures have been flood proofed.
(5) Provide that all new construction and substantial improvements in
Zones V1-30, VE and V are elevated on pilings and columns so that: (i)
the bottom of the lowest horizontal structural member of the lowest
floor is elevated to or above the base flood level; and, (ii) the pile
and column foundation and the structure attached thereto is anchored to
resist flotation, collapse and lateral movement due to the effects of
wind and water loads acting simultaneously on all building componets.
Wind and water loading values shall each have a one percent chance of
being equalled or exceeded in any given (100 year recurrence interval).
A registered professional engineer or architect shall develope or
review the structural design specifications and plans for the
construction, and shall certify that the design and methods of
7
construction to be used are in conformity with accepted standards of
practice for meeting provisions (i) and (ii) herein.
(6) Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazard, the Building Official
shall submit the question to the Board of Adjustments and Appeals and
request an interpretation by the Board. Any person aggreeved by the
Board's decision may appeal as provided by state law.
(7) All records pertaining to the provisions of this ordinance shall
be maintained by the Building Official in his care and custody and
shall be open for public inspection.
SECTION C. PERMIT PROCEDURES
Applications for permits shall be made to the Building Official on
forms furnished by him and shall be accompanied by plans drawn to scale
and in sufficient detail to show the nature, location, dimensions and
elevations of the area in question and existing and proposed
structures, fill, storage of materials, drainage facilities and
utilities with the location of same clearly indicated. The following
specific information is required and must bear the seal and
certification of a registered professional engineer or architect:
(1) Elevation of the building site and proposed elevation of the
lowest structural member of the lowest floor, including basement, of
structures to be erected.
(2) Elevation to which any non-residential structure has been flood
proofed. Elevation of the lowest structural member of new and
substantially improved structures.
(3) Provide a certificate that non-residential flood -proofing meets
the minimum requirements of this ordinance.
(4) Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed building or development.
SECTION D. VARIANCE PROCEDURES AND INTERPRETATIONS
The Board of Adjustments and Appeals of the City of Fairhope shall hear
and decide appeals and requests for variances and special exceptions
when it is alleged that there is error in any requirement, decision or
determination made by the Building Official in the enforcement and
administration of this ordinance, or where an interpretation of the
provisions of this ordinance is sought. Any person aggrieved by the
decision of the Board may appeal to the Circuit Court as provided in
the Code of Alabama, 1975, Section 11-52-81.
In passing upon applications for variances and special exceptions to
the requirements of this ordinance, the Board shall consider all
technical evaluations, all relevant factors, standards specified
elsewhere in this ordinance; and:
(1) the danger that materials may be swept onto other lands to the
injury of others;
(2) the danger to life and property due to flooding or erosion damage;
(3) the susceptibility of the proposed facility and its contents to
flood damage and the effects of such damage on the owner;
(4) the importance of the services provided by the proposed facility
to the community;
(5) the necessity of the facility to a waterfront location, where
applicable;
(6) the availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(7) the compatibility of the proposed use with existing and
anticipated development;
(8) the relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
(9) the safety of access to the property in times of flood for
ordinary and emergency vehicles;
(10) the expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave action,
if applicable, expected at the site, and;
(11) the costs of providing governmental services during and after
flood conditions including maintenance of and repair of public
utilities and facilities;
(12) Generally, variances may be granted for new construction and
substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, provided items 1-11
above have been fully considered. As the lot size increases beyond
one-half acre, the technical justification required for granting the
variance increases.
Upon consideration of the factors listed above and the purposes of this
ordinance, the Board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this
ordinance. Variances shall not be granted within any designated
floodway if any increase in flood levels during the base flood
discharge would result. Variances shall only be granted upon a
determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief. Variances shall not be granted
except upon:
(1) a showing of good and sufficient cause
(2) a determination that failure to grant the variance would result
exceptional hardship to the applicant
(3) a determination that the granting of a variance will not result
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
in
in
Any applicant to whom a variance is granted shall be given notice in
writing specifying the difference between the base flood elevation and
the elevation to which the structure is to be built and stating that
the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
The Building Official shall maintain the records of all appeal actions
as a public record.
ARTICLE V
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the
structure.
(2) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
(3) All new construction and substantial improvements shall be
constructed by methods and practices that minimize flood damage.
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be so designed and/or
located as to prevent water from entering or accumulating within the
Z
componets during conditions of flooding.
(4) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(5) New and replacement sanitary sewage systems shall be designated to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
(6) On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(7) Any alteration, repair, reconstruction, or improvements to a
structure on which the start of construction was begun after the
effective date of this ordinance, shall meet the requirements of "new
construction" as contained in this ordinance.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation data
has been provided as set forth in this ordinance, the folowing
provisions are required :
(1) Residential Construction - New construction or substantial
improvement of any residential structure shall have the lowest
structural member of the lowest floor, including basement, elevated to
or above base flood elevation.
(2) Non -Residential Construction - New construction or substantial
improvement of any commercial, industrial or other non-residential
structure shall either have the lowest structural member of the lowest
floor, including basement, elevated to the level of the base flood
elevation or, together with attendant utility and sanitary facilities,
be flood -proofed so that below the base flood level the structure is
water tight with walls substantially impermeable to the passage of
water and with structural componets having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such certification shall
be provided to the official as set forth in this ordinance.
(3) Manufactured Homes -
a. No manufactured home shall be placed in a floodway or Coastal High
Hazard Area.
b. Manufactured homes placed within Zone A shall be installed using
methods and pratices which minimize flood damage and must be elevated
and anchored to resist flotation, collapse or lateral movement.
Anchoring methods may include, but are not limited to, use of over the
top or frame ties to ground anchors, together with anchoring methods
required by other state and local provisions. (FEMA Manual #85 (Sep
85) provides guidance for anchoring elevated structures.)
(4) Floodways - Located within areas of special flood hazard
established in this ordinance are areas designated as floodways. Since
the floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply:
a. Prohibit encroachments, including fill, new construction,
substantial improvements and other developments unless certification by
a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any increase in
flood levels during occurrence of the base flood discharge.
b. If Article V., Section B 4-a, is satisfied, all new construction
and substantial improvements shall comply with all applicable flood
hazard reduction provisions of Article V.
C. Prohibit the placement of any mobile homes, except in an existing
mobile home park or existing moblie home subdivision.
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(5) Coastal High Areas (V Zones) - Located within the areas of special
flood hazard established in Articles III, Section B, are areas
designated as Coastal High Hazard Areas. These areas have special
flood hazards associated with wave wash, therefore, the following
provisions shall apply:
a. All buildings or structures shall be located not less than 50 feet
landward of the reach of the mean high tide.
b. All buildings or structures shall be elevated so that the lowest
supporting member is located no lower than (14 feet) above the base
flood elevation level, with all space below the lowest supporting
member open so as not to impede the flow of water. Open lattice work
or decorative screening may be permitted for aesthetic purposes only
and must be designed to wash away in the event of abnormal wave action
and in accordance as set forth in this ordinance.
C. All buildings or structures shall be securely anchored on pilings
or columns.
d. Pilings or columns used as structural support shall be designed and
anchored so as to withstand all applied loads of the base flood flow.
e. Compliance with provisions contained in this ordinance shall be
certified to by a registered professional engineer or architect.
f. There shall be no fill used as structural support.
g. There shall be no alteration of sand dunes or mangrove stands which
would increase potential flood damage.
h. Lattice work on decorative screening shall be allowed below the
base flood elevation provided they are not part of the structural
support of the building and are designed so as to breakaway, under
abnormally high tides or wave action, without damage to the structural
integrity of the building on which they are to be used and provided the
following design specifications are met:
(1) No solid walls shall be allowed.
(2) Material shall consist of wood or mesh screening only.
I. If aesthetic lattice works or screening are utilized, such enclosed
space shall not be used for human habitation.
J. Prior to construction, plans for any structure that will have
lattice work or decorative screening must be submitted to the Building
Official for approval.
K. Prohibit the placement of mobile homes, except in an existing
mobile home park or existing mobile home subdivision.
L. Any alteration, repair, reconstruction or improvement to a
structure shall not enclose the space below the lowest floor except for
lattice work or decorative screening as provided for in this ordinance
SECTION C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
Located within the areas of special flood hazard established in Article
III, Section B, are areas designated as shallow flooding. These areas
have special flood hazards associated with base flood depths of one to
three feet where a clearly defined channel does not exist and where the
path of flooding is unpredictable and indeterminate; therefore, the
following provision apply:
(1) All new construction and substantial improvements of residential
structures have the lowest floor, including basement, elevated above
the crown of the nearest street to or above the depth number specified
on the community's FIRM.
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(2) All new construction and substantial improvements of
non-residential structures shall:
a. have the lowest floor, including basement, elevated above the
crown of the nearest street to or above the depth number specified on
the FIRM, or
b. together with attendant utility and sanitary facilities be
completely flood -proofed to or above that level so that any space below
that level is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of
bouyancy.
SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS
1. All subdivision proposals shall be consistent with the need to
minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems.
3. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
4. Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than the
lesser of fifty lots or five acres.
ARTICLE VI
*���'_
SEVERABILITY AND VALIDITY
Each provision of this ordinance is severable from all other provisions
and should any provision herein be declared unconstitutional or invalid
by the courts, such declaration shall not affect any other provision of
this ordinance.
ARTICLE VII
�� ---
EFFECTIVE DATE
This ordinance replaces original Ordinance No. 668, adopted 9 March
1981 and published (effective) 23 March 1981, as updated by Ordinance
No. 786, adopted 23 March 1987, published (effective) 1 April 1987.
END OF SPECIAL ORDINANCE 668/786.
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ORDINANCE NO. / 94
An Ordinance amending Ordinance No. 668
FLOOD DAMAGE PREVENTION ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
ORDINANCE NO. 668 BE AND THE SAME HEREBY IS AMENDED AS FOLLOWS:
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
nR.TvrTTVFG
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Alabama has, in Title 11, Chapter 52,
Section 1 thru 84, and Title 41, Chapter 9, Section 166, of the Code
of Alabama, 1975 authorized local governmental units to adopt regulations
designed to promote the public health, safety and general welfare of
its citizenry. '
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ARTICLE II. DEFINITIONS
2.1 Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance its most
reasonable application.
2.1.01 "Addition (to an existing building)" means any walled and roofed
expansion to the perimeter of a building in which the addition
is connected by a common load -bearing wall other than a fire wall.
Any walled and roofed addition which is connected by a fire wall
or is separated by independent perimeter load -bearing walls is
new construction
2.1.02 "Appeal" means a request for a review of the Building Official's
interpretation of any provision of this ordinance or a request
for a variance.
2.1.03 "Area of shallow flooding" means a designated AO or VO Zone
on a community's Flood Insurance Rate Map (FIRM) with base
flood depths from one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpre-
dictable and indeterminate, and where velocity flow may be
evident.
2.1.04 "Area of special flood hazard" is the land in the floodplain
within a community subject to a one percent or greater chance
of flooding in any given year.
2.1.21 "Base flood" means the flood having a one percent chance of
being equaled or exceeded in any given year.
2.1.22 "Basement" means that portion of a building having its floor
subgrade (below ground level) on all sides.
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2.1.23 "Breakaway wall" means a wall that is not part of the structural
support of the building and is intended through its design
and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the
building or the supporting foundation system.
2.1.24 "Building" means any structure built for support, shelter, or
enclosure for any occupancy or storage.
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2.1.41 "Coastal High Hazard Area" means the area subject to high velo-
city waters caused by, but not limited to, hurricane wave wash.
The area is designated on a FIRM as Zone V1-30. VE or V.
2.1.61 "Development" means any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, exca-
vating, drilling operations, or permanent storage of materials.
2.1.81 "Elevated building" means a non -basement building built to have
the lowest floor elevated above the ground level by means of
fill, solid foundation perimeter walls, pilings, columns
(posts and piers), shear walls, or breakaway walls.
2.1.101 "Flood or flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas
from:
(1) the overflow of inland or tidal waters
(2) the unusual and rapid accumulation or runoff of sur-
face waters from any source.
2.1.102 "Flood Hazard Boundary Map (FHBM)" means an official map of a
community, issued by the Federal Emergency Management Agency,
where the boundaries of the areas of special flood hazard have
been defined as Zone A.
2.1.103 "Flood Insurance Rate Map (FIRM)" means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
2.1.104 "Flood Insurance Study" is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary Floodway Map and the
water surface elevation of the flood.
2.1.105 "Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
2.1.106 "Floor" means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab con-
struction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely
for parking vehicles.
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2.1.107 "Functionally dependent facility" means a facility
which cannot be used for its intended purpose unless
it is located or carried out in close proximity to
water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing
facilities. The term does not include long-term
storage, manufacture, sales, or service facilities.
2.1.141 "Highest adjacent grade" means the highest natural
elevation of the ground surface, prior to construc-
tion, next to the proposed walls of a structure.
2.1.221 "Lowest floor" means the lowest floor of the lowest
enclosed area, including basement. An unfinished
or flood resistant enclosure, capable of being used
solely for the parking of vehicles, building access
or storage, in an area other than a basement area,
is not considered a building's lowest floor, pro-
vided that such enclosure is not built so as to
render the structure in violation of the applicable
non -elevation design requirements of this ordi-
nance.
2.1.241 "Mean Sea Level" means the average height of the sea
for all stages of the tide. It is used as a refer-
ence for establishing various elevations within the
flood plain. For purposes of this ordinance, the
term is synonymous with National Geodetic Vertical
Datum (NGVD).
2.1.242 "Manufactured home" means a structure, transport-
able in one or more sections, which is built on
a permanent chassis and designed to be used with
or without a permanent foundation when connected
to the required utilities. The term also includes
park trailers, travel trailers, and similar trans-
portable structures placed on a site for 180 con-
secutive days or longer and intended to be improved
property.
2.1.243 "Manufactured Home Park or Subdivision" means a par-
cel or contiguous parcels of land divided into two
or more manufactured home lots for rent or sale.
2.1.261 "National Geodetic Vertical Datum (NGVD)" as corrected
in 1929 is a vertical control used as a reference
for establishing varying elevations within the flood
plain.
2.1.262 "New construction" means structures for which the
'tart of construction" commenced on or after the
effective date of this ordinance.
2.1.361 "Sand dunes" means naturally occurring accumulations
of sand in ridges or mounds landward of the beach.
2.1.362
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"Start of construction" for other than new construction or sub-
stantial improvements under the Coastal Barrier Resources Act
(P.L. 97-348), includes substantial improvement, and means
the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement
was within 180 days of the permit date. The actual start means
the first placement of permanent construction of a structure
(including a manufactured home) on a site, such as the pouring
of slabs or footings, installation of piles, construction of
columns, or any work beyond the stage of excavation or the
placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clear-
ing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation
for a basement, footings, piers or foundations or the erection
of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure.
2.1.363 "Structure" means a walled and roofed building that is prin-
cipally above ground, a manufactured home, a gas or liquid
storage tank, other man-made facilities or infrastructures.
2.1.364 "Substantial improvement" means any combination of repairs,
reconstruction, alteration, or improvements to a structure,
built prior to enactment of this ordinance, in which the
cumulative cost equals or exceeds fifty percent of the market
value of the structure. The market value of the structure
should be (1) the appraised value of the structure prior to the
start of the initial repair or improvement, or (2) in the case
of damage, the value of the structure prior to the damage occur-
ing. For the purposes of this definition, "substantial improve-
ment" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include,
any project for improvement of a structure required to comply
with existing health , sanitary, or safety code specifications
which are solely necessary to assure safe living conditions.
2.1.421 "Variance" is a grant of relief from the requirements of this
ordinance which permits construction in a manner otherwise
prohibited by this ordinance where specific enforcement would
result in unnecessary hardship.
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ARTICLE IV. ADMINISTRATION AND ENFORCEMENT
SECTION A. DESIGNATION OF BUILDING OFFICIAL
The Building Official of the City of Fairhope is hereby appointed
to administer and enforce the provisions of this ordinance.
SECTION B. DUTIES AND POWERS OF THE BUILDING OFFICIAL
Duties of the Building Official shall include the following:
4. Require that the applicant for a permit furnish written certi-
fication by a registered engineer of the actual elevation in
relation to mean sea level of the lowest structural member of
the lowest floor, including basement, of all new or substantially
improved structures, and, where applicable, the actual elevation
to which new or substantially improved structures have been flood
proofed.
5. Provide that all new construction and substantial improvements
in Zones V1-30, VE and V are elevated on pilings and columns so
that: (i) the bottom of the lowest horizontal structural member
of the lowest floor is elevated to or above the base flood level;
and, (ii) the pile and column foundation and the structure
attached thereto is anchored to resist flotation, collapse and
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Page S
lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Wind and water loading
values shall each have a one percent chance of being equalled or exceeded
in any given (100 year mean recurrence interval). A registered profess-
ional engineer or architect shall develop or review the structural design
specifications and plans for the construction, and shall certify that
I the design and methods of construction to be used are in conformity with
accepted standards of practice for meeting provisions (i) and (ii) herein.
SECTION C. PERMIT PROCEDURES:
Applications for permits shall be made to the Building
Official on forms furnished by him and shall be accom-
panied by plans drawn to scale and in sufficient detail to
show the nature, location, dimensions and elevations of
the area in question and existing and proposed structures,
fill, storage of materials, drainage facilities and util-
ities with the location of same clearly indicated. The
following specific information is required and must bear
the seal and certification of a registered professional
engineer or architect:
1. Elevation of the building site and proposed elevation
of the lowest structural member of the lowest floor,
including basement, of structures to be erected.
2. Elevation to which any non-residential structure
has been flood proofed.. Elevation of the lowest
structural member of new and substantially improved
structures.
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ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
3. All new construction and substantial improvements
shall be constructed by methods and practices that
minimize flood damage. Electrical, heating, venti-
lation, plumbing and air-conditioning equipment and
other service facilities shall be so designed and/or
located as to prevent water from entering or accumu-
lating within the components during conditions of
flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazard where base flood eleva-
tion data has been provided as set forth in this ordinance,
the following provisions are required:
1. Residential Construction - New construction or sub-
stantial improvement of any residential structure
shall have the lowest structural member of the low-
est floor, including basement, elevated to or above
base flood elevation.
2. Non-residential Construction - New construction or
substantial improvement of any commercial, industrial
or other non-residential structure shall either have
the lowest structural member of the lowest floor,
including basement, elevated to the level of the base
flood elevation or, together with attendant utility
and sanitary facilities, be flood -proofed so that
below the base flood level the structure is water
tight with walls substantially impermeable to the
passage of water and with structural components having
the capability of resisting hydrostatic and hydro-
dynamic loads and effects of buoyancy. A registered
professional engineer or architect shall certify that
Page 6
2. the standards of this subsection are satisfied.
Such certification shall be provided to the official
j as set forth in this ordinance.
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3. Manufactured Homes
a. No manufactured home shall be placed in a
floodway or Coastal High Hazard Area.
b. Manufactured homes placed within Zone A shall
be installed use methods and practices which
minimize flood damage and must be elevated and
anchored to resist flotation, collapse or
lateral movement. Anchoring methods may include,
but are not limited to,,use of over the top or
frame ties to ground anchors, together with
anchoring methods required by other state and
local provisions, (FEMA Manual #85 (Sep 85)
provides guidance for anchoring elevated struc-
tures.)
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This ordinance shall take effect upon its due adoption and
publication as required byy�j xxlaw.
ADOPTED THIS THE DAY OF _44� 1987 .
Jam s P. Nix, Mayor
ATTEST:
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