HomeMy WebLinkAboutOrdinances 21-11-492 - 12/06/2021STATE OF GEORGIA ORDINANCE NUMBER Z t
COUNTY OF FULTON
' AN ORDINANCE AMENDING CERTAIN SECTIONS WITHIN THE MILTON CODE,
CHAPTER 20, ARTICLE H (FLOODPLAIN MANAGEMENT), IN ACCORDANCE WITH THE
METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT MODEL
FLOODPLAIN MANAGEMENT/FLOOD DAMAGE PREVENTION ORDINANCE; TO
PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN
EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES.
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia (the "City"), has the power to adopt reasonable ordinances, resolutions and
regulations for the protection and preservation of the public health, safety and welfare of its
citizens; and
WHEREAS, provisions regarding flood damage protection are codified at Chapter 20
(Environment), Article II (Floodplain Management) (the "Article") of the Milton Code (the
"Code"); and
WHEREAS, flood hazard areas can serve important stormwater management, water
quality, streambank protection, stream corridor protection, wetland preservation and ecological
purposes when permanently protected as undisturbed or minimally disturbed areas; and
WHEREAS, pursuant to Code Section 20-20, the purpose of this Article is to protect,
maintain and enhance the public health, safety, environment and general welfare and to minimize
' public and private losses due to flood conditions in flood hazard areas, as well as to protect the
beneficial uses of floodplain areas for water quality protection, streambank and stream corridor
protection, wetlands preservation and ecological and environmental protection; and
WHEREAS, in the interests of the health, safety, and general welfare of the citizens of
the City, the Mayor and Council desire to exercise their authority to amend Code Chapter 20,
Article II; and
WHEREAS, appropriate notice and hearing on the ordinance contained herein have been
carried out according to general and local law.
NOW THEREFORE, the \Co"uncil of the City of Milton hereby ordains, while in a
regularly called council meeting on r eAn.S er (Q 2021, at 6:00 p.m., as follows:
SECTION 1. Code Chapter 20, Article II is hereby amended as provided in Exhibit
A attached hereto and incorporated herein by this reference.
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately.
' ORDAINED this the day of 2021.
Joe Lockwoo or
Attest:
y Lowi City
EXHIBIT A
ARTICLE/1. FLOODPLAIN MANAGEMENT/FLOOD DAMAGE PREVENTION
DIVISION 1. GENERALLY
Sec. 20-19. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
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 loadbearing wall other than a firewall. Any walled and roofed
addition which is connected by a firewall or is separated by an independent perimeter loadbearing wall shall be
considered new construction.
Administrator, for purposes of this article, means the director of the city community development
department. The term "administrator" is synonymous with the term "director."
Appeal means a request for a review of the director's interpretation of any provision of this article.
Area of shallow flooding means a designated AO or AH zone on a community's Flood Insurance Rate Map
(FIRM) with base flood depths from one to three feet, and where a clearly defined channel does not exist, where
the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
Area of special flood hazard means the land subject to a one percent or greater chance of flooding in any
given year. The term "area of special flood hazard" includes:
(1) All floodplain and floodprone areas at or below the base flood elevation (including A, Ai-30, A-99, AE,
AO, AH, and AR on the FHBM or the FIRM);
(2) All floodplain and floodprone areas at or below the future -conditions flood elevation;
(3) All other floodprone areas as referenced in &Section 20-23; and
(4) All streams with a drainage area of 100 acres or greater.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (i.e.,
the 100-year flood).
Base flood elevation means the highest water surface elevation anticipated at any given point during the
base flood.
to:
Basement means a level below a floor of a building with a portion of the floor below grade.
Building means any structure built for support, shelter, or enclosure for any occupancy or storage.
Development means any manmade change to improved or unimproved real estate including, but not limited
(1) Buildings or other structures;
(2) Mining;
(3) Dredging, filling, clearing and grubbing;
(4) Grading and paving; and
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(5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or
materials.
Director means the director of the city community development department. The term "director" is
synonymous with the term "administrator." The director or his or her designee is appointed to administer and
implement this article.
Elevated building means a nonbasement building built to have the lowest floor of the lowest enclosed area
elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear
walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.
Existing construction means any structure for which the start of construction commenced before July 5,
2006.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at
a minimum, the installation of utilities, the construction of streets, and final site grading or the pouring of concrete
pads) is completed before July 5, 2006.
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including:
(1) The installation of utilities;
(2) The construction of streets; and
(3) Either final -site grading or the pouring of concrete pads.
FEMA means the Federal Emergency Management Agency.
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; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood hazard boundary map or FHBM means an official map of a community, issued by the Federal Insurance
Administration, where the boundaries of areas of special flood hazard have been defined as zone A.
Flood insurance rate map or FIRM means an official map of a community, issued by the Federal Insurance
Administration, delineating the areas of special flood hazard and risk -premium zones applicable to the community.
Flood insurance study or FIS means the official report by the Federal Insurance Administration evaluating
flood hazards and containing flood profiles and water surface elevations of the base flood.
Floodploin means any land area susceptible to flooding.
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to:
(1) Real estate or improved real property;
(2) Water and sanitary facilities; and
(3) Structures and their contents.
Floodway or regulatoryfloodwoy means the channel of a stream or other watercourse and the adjacent
areas of the floodplain which is necessary to contain and discharge the base flood flow without cumulatively
increasing the base flood elevation more than one foot.
Functionally dependent use means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water.
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Future -conditions flood means the flood having a one percent chance of being equaled or exceeded in any
given year based on future -conditions hydrology. Also known as the 100-year future -conditions flood.
Future -conditions flood elevation means the flood standard equal to or higher than the base flood elevation.
The term "future -conditions flood elevation" also means the highest water surface anticipated at any given point
during the future -conditions flood.
Future -conditions floodploin means any land area susceptible to flooding by the future -conditions flood.
Future -conditions hydrology.
(1) The term "future -conditions hydrology" means the flood discharges associated with projected land use
conditions based on a community's:
a. Zoning map;
b. Comprehensive land use plans; and
Watershed study projections.
(2) The term "future -conditions hydrology" does not include consideration of:
a. Projected future construction of flood detention structures; or
b. Projected future hydraulic modifications within a stream or other waterway, such as bridge and
culvert construction, fill, and excavation.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction,
adjacent to the proposed foundation of a building.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places and determined as eligible by states with
historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places and determined as eligible by communities
with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.
Lowest floor.
(1) The term "lowest floor" means the lowest floor of the lowest enclosed area, including the basement.
(2) The term "lowest floor" does not include an unfinished or flood -resistant enclosure, used solely for the
parking of vehicles, building access, or storage, in an area other than a basement; provided that such
enclosure is not built so as to render the structure in violation of other provisions of this article.
Manufactured home means a building, transportable in one or more sections, built on a permanent chassis
and designed to be used with or without a permanent foundation when connected to the required utilities. The
term "manufactured home" includes any structure commonly referred to as a "mobile home" regardless of the
date of manufacture. The term "manufactured home" also includes parked trailers, travel trailers and similar
transportable structures placed on a site for 180 consecutive days or longer and intended to be improved
property.
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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 floodplain. For purposes of this article, the term "mean seal level" is
synonymous with National Geodetic Vertical Datum (NGVD) of 1929 and the North American Vertical Datum
(NAVD) of 1988.
National Geodetic Vertical Datum (NGVD), as corrected in 1929, means a vertical control used as a reference
for establishing varying elevations within the floodplain.
New construction means any structure for which the start of construction commenced after July 5,
3AG62008, and includes any subsequent improvements to the structure.
New manufactured home park or subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after July 5, 26662008.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for establishing
varying elevations within the floodplain.
Owner means the legal or beneficial owner of a site including, but not limited to:
(1) A mortgagee or vendee in possession;
(2) Receiver;
(3) Executor;
(4) Trustee;
(5) Lessee; or
(6) Other person in control of the site.
Permit means the permit issued by the city community development department to the applicant which is
required for undertaking any land development activity.
Recreational vehicle means a vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by light -duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Site means the parcel of land being developed, or the portion thereof on which the land development
project is located.
Start of construction means the date the permit was issued; provided the actual start of construction, repair,
reconstruction, or improvement was within 180 days of the permit date.
(1) The term "actual start" means the first placement of permanent construction of the structure, such as:
a. The pouring of slabs or footings;
b. The installation of piles;
C. The construction of columns;
d. Any work beyond the stage of excavation; and
e. The placement of a manufactured home on a foundation.
(2) The term "permanent construction" does not include:
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a. Initial land preparation, such as clearing, grading and filling;
b. The installation of streets and walkways;
C. Excavation for a basement, footings, piers or foundations or the erection of temporary forms;
d. The installation on the property of buildings appurtenant to the permitted structure, such as
garages or sheds not occupied as dwelling units or part of the main structure.
Note —Accessory structures are not exempt from any ordinance requirements.
(3) For a substantial improvement, the term "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
Structure means a walled and roofed building that is principally aboveground, a manufactured home, a gas or
liquid storage tank.
Subdivision means the division of a tract or parcel of land resulting in one or more new lots or building sites
for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development.
The term "subdivision" includes divisions of land resulting from or made in connection with the layout or
development of a new street or roadway or a change in an existing street or roadway.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to
a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50 percent of the
market value of the structure prior to the improvement.
(1) The term "market value of the building" means:
a. The appraised value of the structure prior to the start of the initial repair or improvement; or
b. In the case of damage, the value of the structure prior to the damage occurring.
(2) The term "substantial improvement" includes structures which have incurred substantial damage
regardless of the actual amount of repair work performed.
(3) For the purposes of this definition, the term "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 building.
(4) The term "substantial improvement" does not include those improvements of a building required to
comply with existing health, sanitary, or safety code specifications which are solely necessary to ensure
safe living conditions, which have been pre -identified by the code enforcement official, and not solely
triggered by an improvement or repair project.
Substantially improved existing manufactured home park orsubdivision means a condition in which the
repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50
percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement
commenced.
Variance means a grant of relief from the requirements of this article which permits construction in a
manner otherwise prohibited by this article.
Violation means the failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation certificate, other
certificates, or other evidence of compliance required in this article is presumed to be in violation until such time
as that documentation is provided.
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Sec. 20-20. Purpose and intent.
The purpose of this article is to protect, maintain and enhance the public health, safety, environment and
general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as
to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor
protection, wetlands preservation and ecological and environmental protection by provisions designed to:
(1) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(2) Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion
hazards, or which increase flood heights, velocities, or erosion;
(3) Control filling, grading, dredging and other development which may increase flood damage or erosion;
(4) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands;
(5) Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are
involved in the accommodation of floodwaters; and
(6) Protect the stormwater management, water quality, streambank protection, stream corridor
protection, wetland preservation and ecological functions of natural floodplain areas.
Sec. 20-21. Applicability.
This article shall be applicable to all areas of special flood hazard within the city.
Sec. 20-22. Designation of administrator.
The director of the community development department or his or her designee is hereby appointed to
administer and implement the provisions of this article.
Sec. 20-23. Basis for area of special flood hazard; flood area maps and studies.
For the purposes of defining and determining areas of special flood hazard, areas of future -conditions flood
hazard, areas of shallow flooding, base flood elevations, floodplains, floodways, future -conditions flood elevations,
future -conditions floodplains, potential flood hazard or risk categories as shown on FIRM maps, and Fec-tbe-
Pucpeses-efother such terms used in this article, the following documents and sources may be used for such
purposes and are adopted by reference thereto:
(1) The Flood Insurance Study (FIS) for Fulton QuMy, dated May 7, ountv-s, latest edition, with
accompanying maps and other supporting data and any revision thereto.
(2) Other studies which may be relied upon for the establishment of the base flood elevation or
delineation of the 300-year floodplain include:
a. Any flood or flood -related study conducted by the United States Army Corps of Engineers, the
United States Geological Survey, or any other local, state or federal agency applicable to the city;
or
b. Any base flood study authored by a licenseda professional engineer in the state which
has been prepared by FEMA approved methodology and approved by the director.
(3) Other studies which may be relied upon for the establishment of the future -conditions flood elevation
or delineation of the future -conditions floodplain and floodprone areas include:
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a. Any flood or flood -related study conducted by the United States Army Corps of Engineers, the
United States Geological Survey, or any other local, state, or federal agency applicable to the city;
or
b. Any future -conditions flood study authored by a licensed'@gi&professional engineer in the
state which has been approved by FEMA approved methodology approved by the director.
(4) The repository for public inspection of the FIS, accompanying maps and other supporting data is
located at Milton city hall.
Sec. 20-24. Conflictsi more restrictive control.
This article is not intended to modify or repeal any other ordinance, rule, regulation, statute, easement,
covenant, deed restriction or other provision of law. The requirements of this article are in addition to the
requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this
article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher protective standards for human health
or the environment shall control.
If the provisions of any subsection, paragraph, subdivision or clause of this article shall be adiudged invalid by
a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any subsection,
paragraph, subdivision or clause of this article.
Sec. 20-25. Warning and disclaimer of liability.
(a) The degree of flood protection required by this article is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be
increased by manmade or natural causes.
(b) This article 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.
(c) This article shall not create liability on the part of the city or by any officer or employee thereof for any flood
damages that result from reliance on this article or any administrative decision lawfully made herethere
under.
Secs. 20-26-20-44. Reserved.
DIVISION 2. VIOLATIONS, ENFORCEMENT AND PENALTIES
Sec. 20-45. Violation .
Any action or inaction which violates the provisions of this article or the requirements of an approved
stormwater management plan or permit may be subject to the enforcement actions outlined in this division. Any
such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be
abated by injunctive or other equitable relief. The imposition of any of the penalties described in &Section 20-47
shall not prevent such equitable relief.
Sec. 20-46. Notice of violation.
(a) Required. If the city community development department determines that an applicant or other responsible
person has failed to comply with the terms and conditions of a permit, an approved stormwater
management plan or the provisions of this article, it shall issue a written notice of violation to such applicant
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or other responsible person. Where a person is engaged in activity covered by this article without having first
secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in
charge of the activity being conducted on the site.
(b) Contents. The notice of violation shall contain:
(1) The name and address of the owner or the applicant or the responsible person;
(2) The address or other description of the site upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring the action or inaction into compliance with
the permit, the stormwater management plan or this article and the date for the completion of such
remedial action;
(5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of
violation is directed; and
(6) A statement that the determination of violation may be appealed to the city community development
department by filing a written notice of appeal within 30 days after the notice of violation, except that
Sec. 20-47. Penalties.
(a) In the event the remedial measures described in the notice of violation have
not been completed by the date set forth for such completion in the notice of violation, any one or more of
the following actions or penalties may be taken or assessed against the person to whom the notice of
violation was directed.
(b) Before taking any of the following actions or imposing any of the
following penalties, the city community development department shall first notify the applicant or other
responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less
than ten days, jexcept in the event the violation constitutes an immediate danger to public health or public
safety, a 24-hour notice shall be sufficient] to cure such violation.
(c) In the event the applicant or other responsible person fails to cure such
violation after such notice and cure period, the city community development department may take any one
or more of the following actions or impose any one or more of the following penalties:
(1) Stop work order. The city community development department may issue a stop work order which
shall be served on the applicant or other responsible person. The stop work order shall remain in effect
until the applicant or other responsible person has taken the remedial measures set forth in the notice
of violation or has otherwise cured the violation described therein; provided the stop work order may
be withdrawn or modified to enable the applicant or other responsible person to take the necessary
remedial measures to cure such violation.
(2) Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the
building or other improvements constructed or being constructed on the site until the applicant or
other responsible person has taken the remedial measures set forth in the notice of violation or has
otherwise cured the violation described therein.
(3) Suspension, revocation or modification of permit. The city may suspend, revoke or modify the permit
authorizing the land development project. A suspended, revoked or modified permit may be reinstated
after the applicant or other responsible person has taken the remedial measures set forth in the notice
of violation or has otherwise cured the violation described therein; provided such permit may be
reinstated (upon such conditions as the city community development department may deem
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necessary) to enable the applicant or other responsible person to take the necessary remedial
measures to cure such violations.
(4) Civil penalties. In the event the applicant or other responsible person fails to take the remedial
measures set forth in the notice of violation or otherwise fails to cure the violations described therein
within ten days, or such greater period as the city community development department shall deem
appropriate, except, that in the event the violation constitutes an immediate danger to public health or
public safety, a 24-hour notice shall be sufficient, after the city or department has taken one or more of
the actions described in subsections (c)(1) through (3) of this section, A- he city may impose a penalty
not to exceed $1,000.00 per day (depending on the severity of the violation) for each day the violation
remains unremedied after receipt of the notice of violation.
(5) Criminal penalties. For intentional and flagrant violations of this article, the city community
development department may issue a citation to the applicant or other responsible person, requiring
such person to appear in magistFate municipal court to answer charges for such violation. Upon
conviction, such person shall be punished by a fine not to exceed $1,000.00 per day or imprisonment
for 60 days, or both. Each act of violation and each day upon which any violation shall occur shall
constitute a separate offense.
Secs. 20-48-20-66. Reserved.
DIVISION 3. PERMIT PROCEDURES AND REQUIREMENTS
Sec. 20-67. Application required.
(a) No owner or developer shall perform any land development activities on a site where an area of special flood
hazard is located, without first meeting the requirements of this article prior to commencing the proposed
activity.
(b) Unless specifically excluded by this article, any owner or developer desiring a permit for a land development
activity shall submit to the city a permit application on a form provided by the city for that purpose.
(c) No laved development permit will be approved for any laaddevelopment activities that do not meet the
requirements, restrictions and criteria of this article.
(d) The applicability of any exclusion available hereunder to any requirement of this article shall be subject to
the predetermination of the Community Development Director, or designee, prior to commencing the
proposed activity. The city shall provide an administrative process for private property owners to request
and receive a determination by the Community Development Director, or designee, regarding the
applicability of any exclusion that may be available to limit in any way the requirements of this section. Such
determination shall be provided to the property owner requesting it a not cost to the property owner. In the
event a private property owner does not avail themselves of the administrative process identified in this
paragraph and takes independent action as if they were exempted from some or all the requirements of this
article without a predetermination having been made, the property owner shall be deemed to have forfeited
their right to pursue such an available administrative remedy and the city shall have all enforcement options
available under law, including but not limited to, a five—year hold on an approval of any building permit or
land disturbance permit for the subiect property. In addition, if some or all the requirements related to the
exclusion(s) of this article are not implemented, the city shall have all enforcement options available under
law, including but not limited to, a five-year hold on an approval of any building permit or land disturbance
permit for the subiect property.
Sec. 20-68. Floodplain management/flood damage prevention plan re uirement .
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(a) An application for a development project with any area of special flood hazard located on the site will be
required to include a floodplain management/flood damage prevention plan. This plan shall include the
following items:
(1) Site plan drawn to scale, which includes, but is not limited to:
a. Existing and proposed elevations of the area in question and the nature, location and dimensions
of existing and proposed structures, earthen fill placement, amount and location of excavation
material, and storage of materials or equipment;
b. For all proposed structures, spot ground elevations at building corners and 20-foot or smaller
intervals along the foundation footprint, or one foot contour elevations throughout the building
site;
C. Proposed locations of water supply, sanitary sewer, and utilities;
d. Proposed locations of drainage and stormwater management facilities;
e. Proposed grading plan;
f. Base flood elevations and future -conditions flood elevations;
g. Boundaries of the base flood floodplain and future -conditions floodplain;
h. If applicable, the location of the floodway; and
i. Certification of the information contained in subsections (a)(1)a through (1)h of `h'� ct e� "^^above
by a licenseda professional engineer or surveyor.
(2) Building and foundation design detail including, but not limited to:
a. Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including
basement, of all proposed structures;
b. Elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed;
C. Certification that any proposed nonresidential floodproofed structure meets the criteria in
sSection 20-115(b);
d. For enclosures below the base flood elevation, location and total net area of foundation openings
as required in 6Section 20-114(5); and
e. Design plans certified by a Iicensedceg ste professional engineer or architect for all proposed
structures.
(3) Description of the extent to which any watercourse will be altered or relocated as a result of the
proposed development.
(4) Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and
post -development conditions base flood elevations, future -conditions flood elevations, flood
protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all
other computations and other information similar to that presented in the FIS.
(5) Copies of all applicable state and federal permits necessary for proposed development.
(6) All appropriate certifications required under this article.
(b) The approved floodplain management/flood damage prevention plan shall contain a certification by the
applicant that all development activities will be done according to the plan or previously approved revisions.
Any and all development permits and use and occupancy certificates or permits may be revoked at any time
if the construction and development activities are not in strict accordance with approved plans.
Page 10 of 21
Sec. 20-69. Construction stage submittal requirements.
(a) Certificates required.
(1) For all new construction and substantial improvements on sites with a floodplain management/flood
damage prevention plan, the permit holder shall provide to the director with the following certificates:
a. A certified as -built elevation certificate or floodproofing certificate for nonresidential
construction including the lowest floor elevation or floodproofing level immediately after the
lowest floor or floodproofing is completed.
b. A final elevation certificate shall be provided after completion of construction including final
grading of the site.
Any lowest floor certification made relative to mean sea level shall be prepared by or under the
direct supervision of a licensedr@gistered land surveyor or professional engineer and certified by
same.
(2) When floodproofing is utilized for nonresidential structures, said certification shall be prepared by or
under the direct supervision of a licensed professional engineer or architect and certified by same -
using the FEMA Foodprooflng Certificate. This certification shall also include the design and
operation/maintenance plan to assure the continued viability of the floodproofing measures.
(b) AiFecteFssevicvvrAny work undertaken prior to approval of these certifications shall be at the permit
holder's risk. The director shall review the certification data referenced in subsection (a)(1) of this section
when submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately
and prior to further work being allowed to proceed.
(c) Failure to submit certification or failure to make the corrections required
hereby shall be cause to issue a stop work order for the project.
Sec. 20-70. Duties and responsibilities of the administrator.
(a) Duties of the director shall include, but not be limited to:
(1) Review of all laaddevelopment applications and permits to ensure that the requirements of this article
have been satisfied and to determine whether proposed building sites will be reasonably safe from
flooding;
(2) Requite Review proposed development to assure that sep es efall necessary permits have been
received from those governmental agencies from which approval is required by federal or state law,
including but not limited to sSection 404 of the Federal Water Pollution Control Act Amendments of
1972, 33 U.S.C. 13 ,
(3) When base flood elevation data or floodway data have been provided, then the director shall Rrequire _
the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other sources
ae> beea$ravided, in order to meet the provisions of dDivisions 4 and 5 of this article;
(4) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the
lowest floor, including basement, of all new or substantially improved structures;
(5) Review and record the actual elevation, in relation to the mean sea level to which any substantially
improved structures have been floodproofed;
(6) When floodproofing is utilized for a non-resident structure, the director shall review the design and
operation/maintenance plan and obtain certification of design criteria from aegis�icensed
professional engineer or architect
Page 11 of 21
(7) Notify affected adjacent communities and the state_Georgia dDepartment of oNatural cResources GA
DNRJ prior to any alteration or relocation of a watercourse and submit evidence of such notification to
the Federal Emergency Management Agency (FEMA);
(8) Make the necessary interpretation where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (i.e., where there appears to be a conflict between a
mapped boundary and actual field conditions). Any person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as provided in this article. Where
floodplain elevations have been defined, the floodplain shall be determined based on flood elevations
rather than the area graphically delineated on the floodplain maps.
(9) All records pertaining to the provisions of this article shall be maintained in the office of the director,
and shall be open for public inspection.
(10) Coordinate all FIRM revisions with the GA DNR and FEMA; and
(11) Review variance applications and make recommendations to the Board of Zoning Appeals.
Secs. 20-71-20-89. Reserved.
DIVISION 4. STANDARDS FOR DEVELOPMENT
Sec. 20-90. Boundaries defined.
(a) Floodplain. Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations
whenever available. For all streams with a drainage area of 100 acres or greater, the future -conditions flood
elevations shall be provided produced from equivalent FIS data by the cltyagR cant. If future -conditions
elevation data is not available from tfte 6iiyF15, then it shall be determined by a;eg4te:ed-licensed
professional engineer using a method approved by FEMA and the city.
(b) Floodwoy. The width of a floodway shall be determined from the FIS or FEMA-approved flood study. For all
streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the
s W2gglicant. If floodway data is not available from Ow cityFIS, then it shall be determined by a Fog steed
licensed professional engineer using a method approved by FEMA and the city.
Sec. 20-91. General standards.
(a) No development
shall be allowed within ny area of special flood hazard or area of a future -
conditions flood hazard that could result in any of the following:
(1) Raising the base flood elevation or future -conditions flood elevation equal to or more than 0.01 of a
foot;
(2) Reducing the base flood or future -conditions regulatory flood storage capacity;
(3) Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future -
conditions flood as they pass both the upstream and the downstream boundaries of the property; or
(4) Creating hazardous or erosion -producing velocities, or resulting in excessive sedimentation.
(b) Any development within the future -conditions floodplain allowed under subsection (a) of this section shall
also meet the following conditions:
(1) Compensation for storage capacity shall occur between the average groundwater table elevation and
the base flood elevation for the base flood, and between the average groundwater table elevation and
Page 12 of 21
the future -conditions flood elevation for the future -conditions flood, and lie within the boundaries of
ownership of the property being developed and shall be within the immediate vicinity of the location
of the encroachment.
a. Acceptable means of providing required compensation include the lowering of natural ground
elevations within the floodplain, or lowering of adjoining land areas to create additional
floodplain storage.
b. In no case shall any required compensation be provided via bottom storage or by excavating
below the elevation of the top of the natural (predevelopment) stream channel unless such
excavation results from the widening or relocation of the stream channel.
(2) Cut areas shall be stabilized and graded to a slope of no less than 2.0 percent.
(3) Effective transitions shall be provided such that flow velocities occurring on both upstream and
downstream properties are not increased or decreased.
(4) Verification of no -rise conditions (0.01 of a foot or less), flood storage volumes, and flow characteristics
shall be provided via a step -backwater analysis meeting the requirements of sSection 20-92(3)(b).
(5) Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located
and constructed to minimize or eliminate infiltration or contamination from floodwaters.
(6) Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter
of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable.
a. The CLOMR submittal shall be subject to approval by the city community development
department using the FEMA community concurranceseasmt forms before forwarding the
submittal package to FEMA for final approval.
b. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval
shall be the responsibility of the applicant.
Within six months of the completion of cews4oetiewdevelopment, the applicant shall submit as -
built surveys for a final letter of map revision (LOMR).
Sec. 20-92. Engineering study requirements for floodplain encroachments.
An engineering study is required, as appropriate to the proposed development activities on the site,
whenever a development proposes to disturb any land within the future -conditions floodplain, except for a
residential single -lot development on streams without established base flood elevations and floodways for which
the provisions of sSection 20-117 apply.
(1) This study shall be prepared by a currently rofessional engineer in the state and
made a part of the application for a permit.
(2) This information shall be submitted to and approved by the city community development department
prior to the approval of any permit which would authorize the disturbance of land located within the
future -conditions floodplain.
(3) Such study shall include:
a. A description of the extent to which any watercourse or floodplain will be altered or relocated as
a result of the proposed development;
b. A step -backwater analysis using a FEMA-approved method approved by the city community
development department. Cross sections (which may be supplemented by the applicant) and
flow information will be obtained whenever available. Computations will be shown duplicating
FIS results and will then be rerun with the proposed modifications to determine the new base
flood profiles and future -conditions flood profiles;
Page 13 of 21
C. Floodplain storage calculations based on cross sections (at least one every 100 feet) showing
existing and proposed floodplain conditions to show that base flood floodplain and future -
conditions floodplain storage capacity would not be diminished by the development;
d. A preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future -
conditions floodplain encroachments.
Sec. 20-93. Floodway encroachments.
Located within areas of special flood hazard are areas designated as floodways. A floodway may be an
extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways must
remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights.
Therefore, the following provisions shall apply:
(1) Encroachments are prohibited, including earthen fill, new construction, substantial improvements or
other development within the regulatory floodway, except when Feeluked f9F the or
activities specifically allowed in subsection 2 below.
(2) Encroachments for bridges, culverts, roadways and utilities; provided it is demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the
encroachment shall not result in any increase to the pre -project base flood elevations, floodway
elevations, or floodway widths during the base flood discharge. A;@g ,.e:Rlicensed professional
engineer must provide supporting technical data and certification thereof; and
(33) If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment
into or an alteration of the floodway shall be issued by the city until an affirmative conditional letter of
map revision (CLOMR) is issued by FEMA and no -rise certification is approved by the city community
development department.
Sec. 20-94. Maintenance requirements.
The property owner shall be responsible for continuing maintenance as may be needed within an altered or
relocated portion of a floodplain on his OF he the property so that the flood -carrying or flood storage capacity is
pot- di minishedmaintained. The city may direct the property owner (at no cost to the city) to restore the flood -
carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the
approved floodplain management plan on file with the city community development department.
Secs. 20-95-20-113. Reserved.
DIVISION 5. BUILDING STANDARDS FOR FLOOD DAMAGE REDUCTION
Sec. 20-114. General requirements.
In all areas of special flood hazard and future -conditions flood hazard, the following provisions apply:
(1) New construction Of PFiacipaLVuifdiagsand substantial improvements (residential or nonresidential),
including manufactured homes, shall not be allowed within the limits of the future -conditions
floodplain unless all requirements of Sections 20-91 and 20-92 have been met.
(2) New construction andw substantial improvements ^r el(46tiAg stFuGwFes shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
(3) New construction andw substantial improvements Qf @Xi&tiA& 6tFuGwFasshall be constructed with
materials and utility equipment resistant to flood damage.
Page 14 of 21
(4) New construction andQ* substantial improvements shall be constructed by
methods and practices that minimize flood damage.
(S) Elevated buildings. All new construction and substantial improvements of � ' mthat
include any fully enclosed area located below the lowest floor formed by foundation and other exterior
walls shall be designed so as to be an unfinished aad or flood -resistant enclosure. The enclosure shall
be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry
and exit of floodwater.
a. Designs for complying with this requirement must be certified to comply by a licensed
professional engineer or architect aacLto meet or exceed the following minimum criteria:
1. Provide a minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade; and
3. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwater in both directions.
b. So as not to violate the "lowest floor" criteria of this aF40esection the unfinished or flood -
resistant enclosure shall "Iy-solely be used for the parking of vehicles, limited storage of
maintenance equipment used in connection with the premises, or entry to the elevated area.
C. The interior portion of such enclosed area shall not be finished or partitioned OF fiaisbed into
separate rooms.
(6) All heating and air conditioning equipment and components (including ductwork), all electrical,
ventilation, plumbing, and other service facilities shall be designed and located three 11feet above the
base flood elevation or one (1) foot above the future conditions flood elevation, whichever is higher so
as to prevent water from entering or accumulating within the components during conditions of
flooding.
(7) Manufactured homes shall be anchored to prevent flotation, collapse, eFand lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground
anchors. This standard shall be in addition to and consistent with applicable state requirements for
resisting wind forces.
(8) All proposed development shall include adequate drainage and stormwater management facilities per
the requirements of the city to reduce exposure to flood hazards.
(2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
30) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into floodwaters.
(11) On -site waste disposal systems shall be located and constructed to avoid impairment to4her4, or
contamination from,%hem such systems during flooding.
(12) Other public utilities such as gas and electric systems shall be located and constructed to avoid
impairment to them, or public safety hazards from them, during flooding.
(13) Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the
provisions of this acticlesection, shall be undertaken only if the nonconformity is not furthered,
extended or replaced.
14) If the proposed development is located in multiple flood zones or multiple base flood elevations cross
the proposed site, the higher or more restrictive base flood elevation or future -conditions elevation
and development standards shall take precedence.
Page 15 of 21
(15) When only a portion of a proposed structure is located within a flood zone or the future conditions
floodplain, the entire structure shall meet the requirements of this article.
(16) Subdivision proposals and other proposed new development, including manufactured home parks or
subdivisions, shall be reasonably safe from flooding:
a. All such proposals shall be consistent with the need to minimize flood damage within the
floodprone area;
b. All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located
and constructed to minimize or eliminate flood damage; and
c. Adequate drainage shall be provided to reduce axpouire to flood hazards.
Sec. 20-115. Structures and buildings within the future -conditions floodplain.
(a) Residential buildings.
(1) New construction. New construction of principal residential
structures shall not be allowed within the limits of the future -conditions floodplain unless all
requirements of Sections 20-91 and 20-92 have been met. If all requirements of Sections 20-91 and 20-
92 have been met, all new construction shall have the lowest floor, including basement, elevated no
lower than three (3) feet above the base flood elevation or one (1) foot above the future -conditions
flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the
structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls
shall be provided in accordance with standards of Section 20-114(5).
(2) Substantial improvements. Substantial improvement of any principal residential structure of
mam42a-rodJ;eme-shall have the lowest floor, including basement, elevated no lower than three
feet above the base flood elevation adjacent to the building or at least as high as one (1) foot above
the future -conditions flood elevation, whichever is highest. Should solid foundation perimeter walls be
used to elevate a structure, openings sufficient to automatically equalize the hydrostatic flood forces
on exterior walls and facilitate the unimpeded movements of floodwaters shall be provided in
accordance with standards of &Section 20-114(5).
(b) Nonresidential buildings.
(1) New construction. New construction of principal on -
residential structures shall not be allowed within the limits of the future -conditions floodplain unless all
requirements of Sections 20-91 and 20-92 have been met. If all the requirements of Sections 20-91 and
20-92 have been met, all new construction shall have the lowest floor, including basement, elevated no
lower than one (1) foot above the base flood elevation or at least as high as the future -conditions flood
elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the
structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls
shall be provided in accordance with standards of Section 20-114(5). New construction that has met all
of the requirements of Section 20-91 may be floodproofed in lieu of elevation.
a. The structure, together with attendant utility and sanitary facilities, must be designed:
1. To be water tight to one (1) foot above the base flood elevation, or at least as high as the
future -conditions flood elevation, whichever is higher
2. With walls substantially impermeable to the passage of water; and
3. With structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy.
b. A licensed professional engineer or architect shall certify that the design and methods of
construction are in accordance with accepted standards of practice for meeting the provision
Page 16 of 21
above. and shall provide such certification to the director using the FEMA Floodoroofin
Certificate along with the design and operation/maintenance plan. -
(2) Substantial improvements. Substantial improvement of any principal nonresidential structure located
in AS-30, AE, or AH zones may be authorized by the director to be elevated or floodproofed is lieu of
elewtiea. Substantial improvements shall have the lowest floor, including basement, elevated no
lower than one (1) foot above the base flood elevation or at least as high as the future -conditions flood
elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the
structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls
shall be provided in accordance with standards of Section 20-114. Substantial improvements may be
floodproofed in lieu of elevation:
a. The structure, together with attendant utility and sanitary facilities, must be designed:
1. To be watertight to ones foot above the base flood elevation, or at least as high as the
future -conditions flood elevation, whichever is raigHesthigher;
2. With walls substantially impermeable to the passage of water; and
3. With structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy.
b. A4: licensed professional engineer or architect shall certify that the design and methods
of construction are in accordance with accepted standards of practice for meeting the provisions
aboveceAta:.,.,., ,., w1acp.t op (b)(2)a of this ,,atio. and shall provide such certification to the
director using the FEMA Floodproofing Certificate along with the design and
operation/maintenance plan.
(c) Accessory structures and facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached
garages, parking lots, recreational facilities and other similar non -habitable structures and facilities) which
meet the requirements of Sections 20-91 and 20-92 and are permitted to be located within the limits of the
future -conditions floodplain shall be constructed of flood -resistant materials and designed to pass all
fisedwatec provide adequate flood openings in accordance with `GGUQ4; Section 20-11454 and shall be
anchored to prevent flotation, collapse, w-and lateral movement of the structure.
(d) Standards for recreational vehicles. All recreational vehicles placed on sites must either:
(1) Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use. A
recreational vehicle is ready for highway use if it:
a. Is licensed;
b. Is on its wheels or jacking system;
C. Is attached to the site only by quick -disconnect type utilities and security devices; and
d. Has no permanently attached structures or additions; or
(2) Meet all the requirements for Residential Buildings —Substantial
Improvements, including the anchoring and elevation requirements of &61I;s^ this
seatiew5ection 20-115.
(e) Standards for manufactured homes.
(1) New manufactured homes shall not be allowed to be placed within the limits of the future -conditions
floodplain unless all requirements of Sections 20-91 and 20-92 have been met. If all requirements of
Sections 20-91 and 20-92 have been met, all new construction and substantial improvement shall have
the lowest floor, including basement, elevated no lower than three (3) feet above the base flood
elevation or one (1) foot above the future -conditions flood elevation, whichever is higher. Should solid
foundation perimeter walls be used to elevate the structure, openings sufficient to automatically
Page 17 of 21
equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards
of Section 20-114.
(2) Manufactured homes placed and substantially improved in an existing manufactured home park or
subdivision shall be elevated so that either:
a. The lowest floor of the manufactured home is elevated no lower than threej3� feet above the
level of the base flood elevation, or one i1)foot above the future -conditions flood elevation,
whichever is higher; or
b. The manufactured home chassis is elevated and supported by reinforced piers (or other
foundation elements of at least an equivalent strength) of no less than 36 inches in height above
grade.
(3) All manufactured homes must be securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement in accordance with standards of sectierSection 20-
114(a-j.
Sec. 20-116. Structures and buildings authorized adjacent to the future -conditions floodplain.
(a) Residential buildings. For new construction eFand the substantial improvement of any principal residential
building or manufactured home, the elevation 'of lowest floor, including basement and access to the
building, shall be at least three 3 feet above the level of @' base flood (IGG Yea:) levation-
or at least one foot above the future -conditions flood elevation, whichever is higher.
Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to
automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with
standards of Section 20-114.
(b) Nonresidential buildings. For new construction or substantial improvement of any principal nonresidential
building, the elevation of the lowest floor, including basement and access to the building, shall be at least
one (1) fooKhr__ t__t above the level of the highest flood elevation adjawAt to the hW&Idd r at least
one fQot a6eveas high as the future -conditions flood elevation, whichever is higher. Should solid foundation
perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the
hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 20-114.
Non-residential buildings may sl7aA be floodproofed in lieu of elevation.
Secs. 20-117. Residential single -lot development on streams without established base flood
elevations and floodway (A -Zones).
(a) For a residential single -lot development not part of a subdivision that has areas of special flood hazard,
where streams exist but no base flood data have been provided (A -Zones), the director shall review and
reasonably utilize any available scientific or historic flood elevation, data, base flood elevation and floodway
data, or future -conditions flood elevation data available from a federal, state, local or other source, in order
to administer the provisions and standards of this a#Wasection.
(b) If °••"'A ic.�.'^^' data isare not available from any of these sources, the following provisions shall apply:
(1) No encroachments, including structures or fill material, shall be located within an area equal to twice
the width of the stream or fifty (50) feet from the top of the bank of the stream, whichever is greater.
21 In soecial flood hazard areas without base flood or future -conditions flood elevation data, new
construction and substantial improvements shall have the lowest floor of the lowest enclosed area
(including basement) elevated no less than three (3) feet above the highest adjacent grade at the
building site. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces
shall be provided for flood prone enclosures in accordance with Section 20-114.theR %he diFeetaF may
Page 18 of 21
Sec. 20-118. Areas of shallow flooding (AO -Zones).
Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base
flood depths of one llto threej3� feet above ground, with no clearly defined channel. In these areas the
following provisions apply:
(1) All new construction and substantial improvements of residential and nonresidential structures shall
have the lowest floor, including basement, elevated to no lower than onej1 foot above the flood
depth number in feet specified on the flood insurance rate map (FIRM), above the highest adjacent
grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at
least three 3 feet above the highest adjacent grade. Apeaiflgs Flood openings sufficient to facilitate
the ••^'^A^^a^a FnavorAeRtsAutomatic equalization of fleedwatecshydrostatic flood forces shall be
provided in accordance with standard
of Section 20-114
(2) A new construction and substantial improvement of a nonresidential structure may be floodproofed in
lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed
to be watertight to the specified FIRM flood level plus one foot above the highest adjacent grade, with
walls substantially impermeable to the passage of water, and structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A Fog staFed
licensed professional engineer or architect shall certify that the design and methods of construction are
in accordance with accepted standards of practice; -,and shall provide such certification to the director
using the FEMA Floodoroofing Certificate along with the design and operation/maintenance olan: and
(3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure
Sec. 20-119. Subdivisions.
(a) All subdivision proposals shall identify the areas of special flood hazard area and areas of future -conditions
flood hazard therein and provide base flood elevation data, and future -conditions flood elevation data{
(b) All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future -
conditions floodplain such that encroachments into the future -conditions floodplain for residential structures
will not be required, an
(c) All subdivision plans will provide the elevations of proposed structures in accordance with seEtierr Section-
204867.
Page 19 of 21
Secs. 20-120--20-140. Reserved.
DIVISION 6. VARIANCE PROCEDURES
Sec. 20-141. Board ef zoiniing aVariance and Appeals Procedure.
The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a
development activity, or to an owner or developer who believes the proposed development activity would be
inconsistent with the provisions of this article.
(a) Requests for variances from the requirements of this article shall be submitted to the city community
development department. All such requests shall be heard and decided in accordance with procedures to be
published in writing by the city. At a minimum, such procedures shall include notice to all affected parties
and the opportunity to be heard.
(b) Any person adversely affected by any decision of the city shall have the right to appeal such decision T#@-
cityto the board of zoning appeals (as established by the city in accordance with the procedures to be
published in writing by the board of zoning appeal s}_shall hear and a^- a^ Fegw fg• ,^^^@'; or
At a minimum, such procedures shall include notice to all affected
parties and the opportunity to be heard.
(c) The board of zoning appeals shall hear and decide appeals when it is alleged an error in any requirement,
decision, or determination is made by the director in the enforcement or administration of this article. At a
minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.
(d) Any person aggrieved by the decision of the board of zoning appeals may appeal such decision to the
Superior Court of Fulton County, as provided in O.C.G.A. § 5-4-1.
(e) All decisions of the Fulton County Board of Zoning Appeals regarding properties located within the city limits
prior to December 1, 2006, are hereby adopted and incorporated by reference. Such decisions of the Fulton
County Board of Zoning Appeals will have the same legal effect as if they were decisions of the city board of
zoning appeals.
(f) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure's continued designation as a historic
structure and the variance issued shall be the minimum necessary to preserve the historic character and
design of the structure.
(g) Variances may be issued for development necessary for the conduct of a functionally dependent use,
provided the criteria of this article are met, no reasonable alternative exists, and the development is
protected by methods that minimize flood damage during the base flood and create no additional threats to
public safety.
(h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base
flood discharge would result.
(i) In reviewing such requests, the city and board of zoning appeals shall consider all technical evaluations,
relevant factors, and all standards specified in this and other sections of this article.
Page 20 of 21
Sec. 20-142. Conditions for granting;-aetice,•--recerc#s.
(a) A variance shall be issued only when there is:
(1) A finding of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, ccea%e or the creation of a nuisance, or cause
fraud on or victimization of the public.
(b) The provisions of this article are minimum standards for flood loss reduction, therefore, any deviation from
the standards must be weighed carefully. Variances shall only be issued upon determination that the
variance is the minimum necessary, considering the flood hazard, to afford relief
(c) Any appliear+f- ep rson to whom a variance is granted shall be given written notice specifying the difference
between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of
flood insurance resulting from the lowest floor elevation being placed below the base flood elevation will be
commensurate with the increased risk to life and property, •^•^"'^^ Uom the •^a••^^a'^IAO ^^^•
okwatkm6and that such costs may be as high as $25 for each $100 of insurance coverage provided.
(d) The director shall maintain the records of all appea-variance actions, both granted and denied, and report
aay-waciaaeesthem to the Georgia Department of Natural Resources and the Federal Emergency
Management Agency upon request.
(e) Any person requesting a variance shall, from the time of the request until the time the request is acted upon,
submit such information and documentation as the city and board of zoning appeals shall deem necessary
for the consideration of the request.
�) Upon consideration of the factors listed in subsections (a) through (de) of this section and the purposes of
this article, the board of zoning appeals may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this article.
Secs. 20-143-20-161. Reserved.
Page 21 of 21