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TITLE 6

Planning and Development

 

Chapter 1            General Provisions

Chapter 2            Building Regulation and Code Enforcement

Chapter 3            Subdivisions

Chapter 4            Zoning

Chapter 5            Flood Damage Prevention

 

CHAPTER 1

General Provisions

(Reserved)

 

CHAPTER 2

Building Regulation and Code Enforcement

 

ARTICLE A

Administration

§    6-2-1       Building inspector designated.

§    6-2-2       Building permits.

§    6-2-3       Appeals.

§§  6-2-4 through 6-2-10 reserved.

 

ARTICLE B

Building

§    6-2-11      Building code adopted.

§§  6-2-12 through 6-2-20 reserved.

 

ARTICLE C

Electrical

§    6-2-21      Electrical code adopted.

§    6-2-22      Applicability or provisions to homeowners.

§    6-2-23      Permits.

§    6-2-24      Permit fees.

§    6-2-25      Inspections.

§§  6-2-26 through 6-2-30 reserved.

 

ARTICLE D

Plumbing

§    6-2-31      Plumbing code adopted.

§§  6-2-32 through 6-2-40 reserved.

 

ARTICLE E

Gas

§    6-2-41      Gas code adopted.

§    6-2-42      Applicability of provisions to homeowners.

§§  6-2-43 through 6-2-50 reserved.

 

ARTICLE F

Housing

§    6-2-51      Housing code adopted.

§§  6-2-52 through 6-2-60 reserved.

 

ARTICLE G

Mechanical

§    6-2-61      Mechanical code adopted.

 

ARTICLE A

Administration

 

Section   6-2-1               Building inspector designated.

(1)       The county building inspector is hereby designated as the building inspector for the city.

(2)       The building inspector shall enforce the standard codes adopted by this chapter and shall perform such other duties as may be prescribed by the mayor and council.

Section   6-2-2               Building permits.

(1)       Any person or corporation intending to build or have built a house or other structure having a roof or to build an addition to a house or structure within the city shall make application to the building inspector at least five (5) days before beginning work, for a permit to erect the building or structure.  The application shall state the owner of the proposed building or structure, the size, material and location and also whether the work is done under contractor by the day’s work and if by accompanied by such fees as fixed from time to time by the mayor and council.

(2)       The building inspector shall inspect the site of the proposed building or structure with reference to its encroachment on the streets and alleys; its danger to adjacent building or structures and other conditions and circumstances necessary; and shall report to the city his approval or disapproval of the permit.  If the building inspector approves the application, the clerk shall issue the permit; and if he disapproves, he shall give in writing the reasons therefore.  In the event of the disapproval of the building inspector, the applicant shall have the right to appeal to the planning and zoning commission as provided by section 6-2-3, and upon the approval of that body, the city clerk shall issue the permit.

(3)       No person or corporation, contractor or builder shall begin the erection of any building structure within the city without a permit therefore as hereinbefore provided.  Any violation of the terms of this section in refusing or neglecting to obtain a permit shall result in the person, upon conviction thereof, being punished as provided in section 1-1-5.  Each day’s work without a permit shall be a separate offense.

(4)       Any person or corporation, contractor or builder who shall be in violation of this section, encroach upon the streets and alleys or other public property of the city, shall in addition to the penalties for violation of this section, be compelled at their own expense to remove the obstructions and to repair the streets or alleys or other public property as directed by the building inspector or the mayor and council.

(5)       It shall be unlawful for any owner, contractor, builder or workman engaged in the building or repairing of any structure within the city, to close the streets of the city to the passage of persons or vehicles or in any way to endanger the life or limb of passersby.

Section   6-2-3               Appeals.

Appeals from an adverse decision of the building inspector under any of the technical codes adopted in this chapter shall be heard by the Liberty County Planning and Zoning Commission.

Sections  6-2-4 through 6-2-10 reserved.

 

ARTICLE B

Building

 

Cross Reference:      Fire limits defined, Section 3-2-22.

 

Section   6-2-11  Building code adopted.

For the purpose of establishing rules and regulations for the construction, alteration, use, demolition and removal of building or other structures of any appurtenances connected to attached thereto, there is herby adopted the Standard Building Code, being particular the 1988 edition and subsequent editions and revisions thereof, as published by the Southern Building Code Congress International, Inc., and the whole thereof, except the portions as are hereafter deleted, modified or amended, a copy of which has been and is not filed in the office of the city clerk and which is hereby adopted and incorporated by reference as fully as if set out at length herein, and the provisions thereof shall be controlling as to all subjects therein contained, within the corporate limits, except that in the event that any of the provisions are in conflict with other provisions of this code, state law or ordinances, rules or regulations, the provisions of this code, state law or ordinances, rules or regulations shall prevail and be controlling.

Sections  6-2-12 through 6-2-20 reserved.

 

ARTICLE C

Electrical

 

Section   6-2-21  Electrical code adopted.

The 1987 edition and subsequent editions and revisions of the National Electrical Code, Standard of the Nation Board of Fire Underwriters, as recommended by the National Fire Protection Association, and approved by the American Standards Association, being MFPA No., 70, is hereby adopted as the minimum standard for the installation of all electrical wiring, devices and equipment in the city, except as otherwise specifically provided in this article, and is hereby made a part of this article as fully and to the same extent as it copied herein in full.  A copy of the code is on file in the office of the city clerk.  In the event of any conflict between the provisions of the electrical code and the provisions of this code, state law or ordinances, rules or regulations, the provisions of this code, state law or ordinances, rules or regulations shall prevail and be controlling.

Section   6-2-22      Applicability or provisions to homeowners.

Noting contained within this article shall prevent any homeowner from installing or maintaining electrical wiring within his own property boundaries; provided the electrical work is done by himself and is used exclusively by him or his family.  This privilege does not convey the right to violate any of the provisions of this article, neither is it to be construed as exempting any property owner from obtaining a permit and having the work inspected nor from paying the required fees therefore.

Section   6-2-23  Permits.

Before any electrical wiring, devices or equipment are installed, repaired or altered in any building or structure within the city, the person making the installation, repair or alteration shall obtain a permit therefore from the building inspector.

Section   6-2-24  Permit fees.

Before any permit for electrical work shall be issued under the provisions of this article, the applicant therefore shall pay the permit fees as shall be determined by the mayor and council from time to time.

Section   6-2-25      Inspections.

It shall be unlawful for any person controlling any electrical wiring in or of houses or buildings within the city to allow any electrical current to be turned on or consumed in any building without having first has an inspection thereof make and a certificate of approval thereof being issued.

Sections  6-2-26 through 6-2-30 reserved.

 

ARTICLE D

Plumbing

 

Section   6-2-31  Plumbing code adopted.

The Standard Plumbing Code as published by the Southern Building Code Congress International, Inc., being particularly the 1988 edition thereof, together with all subsequent editions and amendments thereto, is hereby adopted as the code of the city relating to the installation of all plumbing, including the pipes for distributing the water supply, the fixtures for using water and the drainage pipe for removing waste water and sewage, together with fittings and appurtenances or various kinds, all within or adjacent to the buildings within the city or where connected to the city’s water or sewerage system, and the whole thereof, except the portions as are hereafter deleted, altered or amended, is incorporated herein as fully as it set out at length, and all plumbers shall be required to make installations contained therein, a copy of which code is on file in the office of the city clerk.  In the event of any conflict with the provisions of the plumbing code and the provisions of this code, state law or ordinances, rules or regulations, the provisions of this code, state law or ordinances, rules or regulations shall prevail and be controlling.

Sections  6-2-32 through 6-2-40 reserved.

 

ARTICLE E

Gas

 

Section   6-2-41  Gas code adopted.

There is hereby adopted by and for the city, a gas code known as the Standard Gas Code 1988 edition and subsequent editions and revisions, which code is published by the Southern Building Code Congress International, Inc., and which is referred to, incorporated herein, and made a part hereof for all purposes, a copy of which code is on file in the office of the city clerk.  In the event of any conflict with the provisions of the gas code adopted by this section and any provisions of this code, state law or ordinances, rules or regulations, the provisions of this code, state law or ordinances, rules or regulations shall prevail and be controlling.

Section   6-2-42      Applicability of provisions to homeowners.

Nothing contained within this article shall prevent any homeowner from installing or maintaining gas piping or gas appliances within his own property boundaries; provided the gas work is done by himself and is used exclusively by him or his family.  This privilege does not convey the right to violate any of the provisions of this article, neither is it to be construed as exempting any property owner from obtaining a permit and having the work inspected nor from paying the required fees therefore.

Sections  6-2-43 through 6-2-50 reserved.

 

ARTICLE F

Housing

 

Section   6-2-51  Housing code adopted.

There is hereby adopted by and for the city The Standard Housing Code, 1988 edition and subsequent editions and revisions, as recommended by the Southern Building Code Congress International, Inc., which code is published in book form, which is referred to, incorporated herein and made a part hereof for all purposes, a copy of which code is filed on record in the office of the city clerk, the provisions of which shall be controlling in the used, maintenance and occupancy of all dwellings, dwelling units and/or structures within the city.  In the event of any conflict between the provisions of the housing code and the provisions of this code, state law or ordinance, rule or regulation, the provisions of this code, state law or ordinance, rule or regulation shall prevail and be controlling.

Sections  6-2-52 through 6-2-60 reserved.

 

ARTICLE G

Mechanical

 

Section   6-2-61  Mechanical code adopted.

The Standard Mechanical Code, as published by the Southern Building Code Congress International, Inc., being particularly the 1988 edition thereof, together with all subsequent editions and revisions thereto, is hereby adopted as the code of the city relating to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances thereto, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy-related systems, and the whole thereof, except the portions as are hereafter deleted, altered or amended, is incorporated herein as fully as it set out at length, and all persons related to the mechanical business shall be required to make installations in conformity with the code and the regulations contained therein, a copy of which is on file in the office of the city clerk.  In the event of any conflict with the provisions of the mechanical code and the provisions of this code, state law or ordinances, rules or regulations, the provisions of this code, state law or ordinances, rules or regulations shall prevail and be controlling.

 

CHAPTER 3

Subdivisions

(Reserved)

 

CHAPTER 4

Zoning

 

§    6-4-1       Ordinance adopted by reference.

 

Section   6-4-1         Ordinance adopted by reference.

The 1975 Zoning Ordinance of the City of Midway, prepared by Liberty County, and as adopted by the mayor and council by ordinance, as amended, is incorporated by reference into this code as fully as though set out in its entirety.  A current copy of the zoning ordinance shall be maintained on file in the office of the city clerk where it shall be available for public inspection.

 

CHAPTER 5

Flood Damage Prevention

 

§    6-5-1       Statutory authorization.

§    6-5-2       Findings of fact.

§    6-5-3       Statement of purpose.

§    6-5-4       Objectives.

§    6-5-5       Definitions.

§    6-5-6       Lands to which this chapter applies.

§    6-5-7       Basis for establishing the areas of special hazard.

§    6-5-8       Compliance.

§    6-5-9       Abrogation and greater restrictions.

§    6-5-10      Interpretation.

§    6-5-11      Warning and disclaimer of liability.

§    6-5-12      Penalties for violation.

§    6-5-13      Establishment of development permit.

§    6-5-14      Designation of county building inspector.

§    6-5-15      Use of other base flood data.

§    6-5-16      Information to be obtained and maintained.

§    6-5-17      Alteration of watercourses.

§    6-5-18      Interpretation of FHBM and FIRM boundaries.

§    6-5-19      Provisions for flood hazard reduction; general standards.

§    6-5-20      Same; specific standards.

 

Section   6-5-1               Statutory authorization.

The Legislature of the State of Georgia has in O.C.G.A., title 36, chapter 35, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.  Therefore, the mayor and council do ordain the following provisions:

Section   6-5-2               Findings of fact.

(1)       The flood hazard areas of the city are subject to periodic inundation, which results in loss of life, property, health and safety hazards, disruption of commerce and 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 floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other properties, which are inadequately elevated, flood-proofed or otherwise protected from flood damage.

Section   6-5-3               Statement of purpose.

It is the purpose of this chapter 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 hazards, which result in damaging increases in 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 floodplains, stream channels, and nature protective barriers, which are involved in the accommodation of flood waters;

(4)       control filling, grading, dredging and other development which may increase erosion of flood damage; and

(5)       prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

Section   6-5-4               Objectives.

The objectives of this chapter are to:

(1)       protect human life and health;

(2)       minimize expenditure of public money for costly flood control projects;

(3)       minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)       minimize prolonged business interruptions;

(5)       minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and bridges located in floodplains;

(6)       help maintain a stable tax base by providing for sound used and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

(7)       insure that potential homebuyers are notified that property is in a flood area.

Section   6-5-5               Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(1)       Addition (to an existing building).     Addition 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 firewall.  Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.

(2)       Appeal.     Appeal means a request for a review of the city’s interpretation of any provision of this chapter or a request for a variance.

(3)       Area of special flood hazard.     Area of special flood hazard is the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

(4)       Base flood.     Base flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.

(5)       Basement.     Basement means that portion of a building having its flood sub-grade (below ground level) on all sides.

(6)       Building.     Building means any structure built for support, shelter, or enclosure for any occupancy or storage,

(7)       Development.     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, excavation or drilling operations.

(8)       Elevated building.     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.

(9)       Flood or flooding.     Flood(ing) means a general and temporary condition or partial or complete inundation of normally dry land areas from:

                           a.                        The overflow of inland or tidal waters; and

                           b.                        The unusual and rapid accumulation or runoff of surface waters from any source.

(10)    Flood Hazard Boundary Map (FHBM) .     FHBM means the official map issued by the Federal Emergency Management Agency where the areas of special flood hazard have been designated as zone A.

(11)    Flood Insurance Rate Map (FIRM) .     FIRM means the 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.

(12)    Floodway.     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 (1) foot.

(13)    Floor.     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.

(14)    Functionally dependent facility.     Functionally dependant 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.

(15)    Manufactured home.     Manufactured home means a structure, transportable in one (1) of more sections, which is built on a permanent chasses 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.

(16)    Mean sea level.     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 chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).

(17)    New construction.     New construction means structures for which the “start of construction” commenced on or after the effective date of this chapter.

(18)    Start of construction.     Start of construction­ (for other than new construction or substantial improvements under the Coastal Barrier Resources Act [Published 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 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.

(19)    Structure.     Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities of infrastructures.

(20)    Substantial improvement.     Substantial improvement means any repair, reconstruction, or improvement of a structure the cost of which equals or exceeds 50 percent (50%) of the market value of the structure either, (i) before the improvement or repair is started, or (ii) if the structure has been damaged and is being restored, before the damage occurred.  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.

Section   6-5-6               Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city.


Section   6-5-7               Basis for establishing the areas of special hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in its Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) and any revisions thereto, are adopted by reference and declared to be a part of this chapter.

Section   6-5-8               Compliance.

No structure of land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

Section   6-5-9               Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions.  However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Section   6-5-10      Interpretation.

In the interpretation and application of this chapter, all provisions shall be (i) considered as minimum requirements, (ii) liberally construed in favor of the governing body, and (iii) deemed neither to limit nor repeal any other powers granted under state statutes.

Section   6-5-11  Warning and disclaimer of liability.

The degree of flood protection required by this chapter 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  chapter does not imply that land outside the areas will be free from flooding or flood damages.  This chapter shall not create liability on the part of the city or by any officer, or agent thereof, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Section   6-5-12  Penalties for violation.

Violation of the provisions of this chapter or failure to comply with any of its requirements including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute an offense.  Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided in Section 1-1-5 of this code, 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 or its agent from taking such other lawful action as is necessary to prevent or remedy any violation.

Section   6-5-13      Establishment of development permit.

(1)       A development permit shall be required in conformance with the provisions of this chapter.

(2)       Application for a development permit shall be made to the county building inspector on forms furnished by him and may include, but not limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials; drainage facilities; and the location of the foregoing.  Specifically, the following information is required:

(a)   elevation in relation to mean seal level (MSL) of the lowest floor (including basement) of all proposed structures;

(b)  elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;

(c)   certification by a registered professional engineer or architect that the non-residential flood-proofed structure meets the flood-proofing criteria in section 6-5-20 (2);

(d)  description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

(e)   a flood elevation or flood-proofing certification after the lowest floor is completed.  Upon placement of the lowest floor or flood-proofing by whatever construction mean, whichever is applicable, it shall be the duty of the permit holder to submit to the county building inspector a certification of the elevation of the lowest floor or flood-proofed elevation, whichever is applicable, as built, in relation to mean sea level.  Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same.  When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same.  Any work undertaken prior to submission of the certification shall be at the permit holder’s risk.  The county building inspector shall review the floor elevation survey data submitted.  Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed.  Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

Section   6-5-14      Designation of county building inspector.

The county building inspector is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provi­sions. Duties of the building inspector shall include, but not be limited to, the following:

(1)  Permit review.

(a)   Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(b)  Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit.

(c)   Review all development permits to determine if proposed development adversely affects the flood-carrying capacity of the floodplain. For purposes of this chapter, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent over bank areas.

i.      If it is determined that there is no adverse effect, and the development is not a building, then the permit shall be granted without further consideration.

ii.     If it is determined that there is an adverse effect, then technical justification (i. e., a professional engineering analysis) for the proposed development shall be required.

iii.   If the proposed development is a building, then the provisions of this chapter shall apply.

Section   6-5-15  Use of other base flood data.

When base flood elevation data or floodway data has not been provided in accordance with section 6-5-7, Basis for establishing the areas of special hazard, then the county building inspector shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer section 6-5-20 of this chapter.

Section   6-5-16      Information to be obtained and maintained.

The county building inspector shall:

(1)       Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

(2)       Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed. Certification of such flood proofing shall be obtained in accordance with section 6-5-20(2).

(3)       All records pertaining to the provisions of this chapter shall be maintained in the office of the county building inspector and shall be open for public inspection.

Section   6-5-17  Alteration of watercourses.

The county building inspector shall:

(1)  Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2)  Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood ­carrying capacity is not diminished.

Section   6-5-18      Interpretation of FHBM and FIRM boundaries.

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual physical conditions), the county building inspector shall make the necessary interpretation.

Section   6-5-19  Provisions for flood hazard reduction; general standards.

In all areas of special flood hazard, the following provisions are required:

(1)       Anchoring.

(a)   New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(b)  Manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices, which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement.  Methods of anchoring may include, but are not to be limited to, use of over­-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(2)       Construction materials and methods.

(a)   New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b)  New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(c)   Electrical, heating, ventilation, plumbing, air con­ditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(3)       Utilities.

(a)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(b)  New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(c)   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4)       Subdivision proposals.

(a)   Subdivision proposals shall be consistent with the need to minimize flood damage

(b)  Subdivision proposals shall have public utilities facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage.

(c)   Subdivision proposals shall have adequate drainage pro­vided to reduce exposure to flood hazards.

(d)  Base flood elevation data shall be provided for sub­division proposals and other proposed development which is greater than the lesser of 50 lots or five (5) acres.

(5)       Encroachments.     The cumulative effect of any proposed development shall not adversely affect the area of special flood hazard. This determination is to be made in accordance with section 6-5-14 (1) c.

Section   6-5-20  Same; specific standards.

In all areas of special flood hazard where base flood elevation data has been provided as set forth in section 6-5-15, the following provisions are required:

(1)       Residential construction. New construction or sub­stantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including base­ment, elevated to or above base flood elevation.

(2)       Nonresidential construction. New construction or sub­stantial improvement of any commercial, industrial, or other non­residential structure (including manufactured homes) shall either have 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 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 section 6-5-l3(b) (3).



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