Flood Plain Zone Districts

In document The City of Birmingham. Zoning Ordinance (Page 151-169)

All of the zone districts heretofore established shall be modified and supplemented in the following instances and according to the following rationale:

1. Rationale-Purpose. Certain lands and flood hazard areas of the City of Birmingham 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. These flood losses are caused by the cumulative effect of obstructions in the flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazards to other lands which are inadequately elevated, flood proofed, or otherwise protected from flood damages. It is the purpose of this Section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by the following provisions designed to:

a. restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

b. require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c. control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

d. control filling, grading, dredging and other development which may increase erosion or flood damage; and

e. prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

The basic underlying objectives that guided the preparation of this Section are:

the protection of human life and health; the minimizing of public expenditures for costly flood control projects, and rescue and relief efforts associated with flooding, as well as interruption and damage to individual residents, businesses, industry and public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges; and in general the development and maintenance of a stable tax base by providing for the sound use and development of flood prone areas in such a manner to minimize future flood blight and insure that all purchasers of private property subject to flooding are notified that such property is in a flood area.

2. Definitions. Any other provision in this Section to the contrary notwithstanding for the purposes of this Subsection 2, the following words, terms and phrases shall have the meanings ascribed to them in this Subsection 2.

Unless specifically defined herein, words or phrases used in this Section shall be interpreted so as to give them the meaning they have in common usage and give this Section its most reasonable application. When not inconsistent with the context, words used in the present tense shall include the future tense, words in the plural number shall include the singular number, and words in the singular number shall include the plural number.

a. Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

b. Administrative Officer means the person(s) appointed to administer, interpret and implement the provisions of this Section in accordance with the provisions of Subsection 4 a. and b.

c. Appeal means a request for a review of the Administrative Officers' interpretation of any provision of this Section or a request for a variance.

d. Area of shallow flooding means a designated AO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

e. Area of special flood hazard is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

f. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

g. Basement means any area of a building having its floor subgrade (below ground level) on all sides.

h. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

i. Building see "Structure."

j. Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations, or storage of materials or equipment.

k. Elevated building means a non-basement building (1) built to have the top of the elevated floor elevated above the ground level by means of pilings,

columns (posts and piers), or shear walls parallel to the flow of the water and (2) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

l. Existing construction means structures for which the "start of construction"

commenced before May 5, 1981, the effective date of the initial flood plain management ordinance adopted by the City. "Existing construction" may also be referred to as "existing structures."

m 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 either final site grading or the pouring of concrete pads) is completed before May 5, 1981, the effective date of the initial flood plain management ordinance adopted by the City.

n. 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 the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

o. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.

p. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

q. Flood Insurance Study is the official report provided by Federal Emergency Management Agency. The report contains profiles along distances of each studied stream with stream bed elevations and corresponding flood elevations, as well as flood maps and the water surface elevation of the base flood.

r. Flood plain means the area of special flood hazard covered by a flood having a one percent chance of being equaled or exceeded in any given year and delineated as a Zone A, AO, A1-30, AE, A99 or AH on the Community's Flood Insurance Rate Map (FIRM).

s. Flood proofing means any combination of structural and non-structural

additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

t. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

u. Functionally Dependent Facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

v. Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

w. Historic Structure means any structure that meets one or more of the following criteria:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the 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 in 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 in communities with historic preservation programs that have been certified either:

(i) By an approved state program as determined by the Secretary of the Interior; or

(ii) Directly by the Secretary of the Interior in states without approved programs.

x. Improvement cost, for determining "substantial improvement," means the value of all costs for improvements and/or repairs to a structure. Cost shall include all structural costs for labor and materials, as well as all finish materials, built-in appliances, hardware, profit and overhead but excluding plans, surveys, permit fees, debris removal and clean-up, items not considered real property, and accessory structures. The improvement cost

shall be determined by the latest edition of "Building Valuation Data" of current average construction value per square foot published by the Southern Building Code Congress International or a written estimate of labor and materials prepared and certified by the contractor.

y. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Subsection 5.

z. Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.

The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

aa. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

bb. Market value of the building, for determining "substantial improvement,"

means the market value of the building only, excluding land. Market value shall be determined by the most recent appraisal by the County tax assessor or by a certified appraisal report using the comparable sales method, whichever is the greater value.

cc. Mean Sea Level means the average height of the sea for all stages of the tide.

It is used as a reference for establishing various elevations within the flood plain. For purposes of this Section, the term is synonymous with National Geodetic Vertical Datum (NGVD).

dd. National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing various elevations within the flood plain.

ee. New construction means structures for which the "start of construction"

commenced on or after May 5, 1981, the effective date of the initial flood plain management ordinance adopted by the City. The term also includes any subsequent improvements to such structures.

ff. 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 May 5, 1981, the effective date of the initial flood plain management

ordinance adopted by the City.

gg. 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 a 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.

hh. Start of Construction (for other than new construction of substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or improvement was within 180 days of the permit date. The actual "start" means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways;

nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure.

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

jj. 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 fifty percent of the market value of the structure before the damage occurred.

kk. Substantial improvement means any combination of repairs, reconstruction, alteration, addition or improvement to a building, taking place during the life of a building, in which the cumulative "improvement cost" (as defined by this

Section) equals or exceeds fifty percent of the "market value of the building"

(as defined by this Section). The market value of the building should be (1) the present appraised value of the building prior to the start of the repair or improvement, or (2) in the case of damage, the value of the building prior to the damage occurring. This term includes structures which have incurred

"substantial damage," regardless of the actual repair work performed. For the purposes 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 to comply with existing state or local health, sanitary, or safety code specifications which have been identified by the code enforcement official and which are solely necessary to assure safe living conditions.

EXAMPLE: A substantial improvement occurs when the cumulative improvement costs to a building over a period of time exceed 50% of the current market value of the building, as shown in the following example:

In 1988, a $30,000 improvement is made to a $100,000 building:

$30,000 improvement cost DIVIDED BY $100,000 market value of building = 30%

< 50% improvement, which IS NOT a substantial improvement In 1994, a $45,000 improvement is proposed for the same building with a current market value of $143,000:

$143,000 = 1994 building value before proposed $45,000 improvement

$30,000 improvement in 1988 + $45,000 proposed 1994 improvement

= $75,000 cumulative improvement costs

$75,000 cumulative improvement costs DIVIDED BY $143,000 current market value = 52%

> 50% improvement, which IS a substantial improvement

ll. Substantially improved existing manufactured home parks or subdivisions means where 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.

mm. Variance is a grant of relief by the Zoning Board of Adjustment to a person from the requirements of this Section which permits construction in a manner otherwise prohibited by this Section where specific enforcement would result in practical difficulty.

nn. Zone A, AO, A1-30, AE, A99, or AH means an area of special flood hazard delineated on the community's Flood Insurance Rate Map (FIRM).

3. General Provisions.

a. Lands to Which This Section Applies. In addition to the other requirements of this Section and other Ordinances of the City of Birmingham, this Section shall apply to all areas of special flood hazard within the corporate limits of the City of Birmingham.

b. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency, Federal Insurance Administration through the scientific engineering report entitled "Flood Insurance Study, City of Birmingham, Alabama, Jefferson County," dated September 16, 1980, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revision thereto are adopted by reference and declared to be a part of this Section.

c. Establishment of Development Permit. A permit to develop in a flood hazard area, a Flood Plain Development Permit, shall be required in conformance with the provision of this Section prior to the commencement of any development activities.

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

e. Abrogation and Greater Restrictions. This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.

However, where this Section and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

f. Interpretation. In the interpretation and application of this Section, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under state statutes.

g. Warning and Disclaimer of Liability. The degree of flood protection required by this Section 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 Section does not imply that land outside the areas of special flood

g. Warning and Disclaimer of Liability. The degree of flood protection required by this Section 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 Section does not imply that land outside the areas of special flood

In document The City of Birmingham. Zoning Ordinance (Page 151-169)