TA19-02 Staff Summary PBTA19-02 Staff Summary Page 1 of 7
STAFF SUMMARY OF TA19-02
TEXT AMENDMENT REQUEST
APPLICATION SUMMARY
Case Number: TA19-02
Request:
To amend the Flood Damage Prevention Ordinance to incorporate updated Flood Insurance
Rate Map data and amend the requirements of the Coastal A Special Flood Hazard Area.
To amend the Zoning Ordinance to clarify building height requirements in Coastal A Special
Flood Hazard Areas.
Applicant: Subject Ordinances:
New Hanover County Flood Damage Prevention Ordinance
Zoning Ordinance
Subject Article(s) and Section(s):
Flood Damage Prevention Ordinance Article 3, Section B - Basis for Establishing the Flood
Hazard Areas
Flood Damage Prevention Ordinance Article 5, Section H – Standards for Coastal A Zones
(Zone CAZ) LiMWA
Zoning Ordinance Section 51 – Dimensional Requirements.
BACKGROUND
On July 9, 2018, the New Hanover County Board of Commissioners adopted a text amendment
request to the Flood Damage Prevention Ordinance updating the Flood Insurance Rate Maps
(FIRMs) and incorporating various changes to the ordinance. This action adopted new FIRMs for the
vast majority of the county.
Staff was subsequently notified that as a result of an updated statewide mapping format and
adoption protocols, eighteen FIRM panels in the northern portion of the county adjacent to Pender
County were not made effective in 2018. This updated mapping format develops updated flood
studies by river basins as opposed to community boundaries, which means that some communities
will share FIRM panels, and the panels do not become effective until all jurisdictions sharing the
panels have been authorized to complete the local adoption process by FEMA. These panels were
held from becoming effective in New Hanover as Pender County had not been authorized to move
forward with adoption.
On June 6, 2018, staff received a Letter of Final Determination from FEMA, initiating a 6-month
period for New Hanover County to amend the Flood Damage Prevention Ordinance to
incorporate the reference date for the new flood insurance study and to move forward with
adoption of one map panel. This panel, located in the northwest portion of the county, is located
within the Cape Fear River Basin and is included within the panels which have been released to
move forward with adoption by FEMA. No structures within this map panel in the county’s
jurisdiction are affected by the map change. The most notable change in the flood zone
delineations in the county’s jurisdiction is the addition of a floodway designation along the channel
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of the Cape Fear River. The floodway is defined as the channel of a river or watercourse and
the adjacent land areas that must be reserved in order to discharge the based flood without
cumulatively increasing the water surface elevation more than 1 foot.
Changes in Special Flood Hazard Area delineations on Panel 2291 proposed for adoption
The remaining FIRM panels, located in the NE Cape Fear River and Futch Creek watersheds,
willbe brought forward for adoption to become effective once authorized to move forward by
FEMA.
Flood Insurance Rate Map panels in New Hanover County with current status
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In addition to the adoption of this map panel, amendments are proposed to the Flood Damage
Prevention and Zoning ordinances in order to provide consistency with the current version of the NC
State Building Code as well as building height requirements in Special Flood Hazard Areas. In
January 2019, an amendment to the building code requiring that all construction in Coastal A
Special Flood Hazard Areas meet V-zone construction standards was made effective. Currently,
the Flood Damage Prevention Ordinance only contains this requirement for non-residential
construction, which was consistent with the building code requirements when this zone was
incorporated in the flood ordinance in July 2018. Staff is proposing that construction requirements
within the Coastal A zone be amended to apply to all construction in order to provide consistency
with the 2019 NC Building Code.
Currently, the Zoning Ordinance allows a maximum height of 44’ for structures located within a
Coastal High Hazard flood zone or within certain areas governed by the Coastal Area
Management Act (CAMA) in the RA, R-20S, R-20, R-15, R-10, and R-7 zoning districts. Outside of
these areas, building heights are limited to 35’. As both the current building code and proposed
Flood Damage Prevention Ordinance amendment will require all construction in a Coastal A zone
to meet V-zone construction requirements, staff is proposing to amend the applicable sections in the
Zoning Ordinance to allow an increase in height from 35’ to 44’ to provide a consistent height
maximum where elevated piling construction is required.
PROPOSED AMENDMENT
Red Strikethrough – Proposed Deletions
Red Text – Proposed Additions
Flood Damage Prevention Ordinance
ARTICLE 3. GENERAL PROVISIONS.
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS)
agreement between the State of North Carolina and FEMA in its FIS dated August 28, 2018
December 6, 2019 for New Hanover County and associated DFIRM panels, including any digital
data developed as part of the FIS, which are adopted by reference and declared a part of this
ordinance. Future revisions to the FIS and DFIRM panels that do not change flood hazard data
within the jurisdictional authority of New Hanover County are also adopted by reference and
declared a part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical
Map Revisions (PMRs) shall be adopted within 3 months.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION H. STANDARDS FOR COASTAL A ZONES (ZONE CAZ) LiMWA
Non-residential Structures in CAZs shall be designed and constructed to meet V Zone
requirements, including requirements for breakaway walls. However, the NFIP regulations also
require flood openings in walls surrounding enclosures below elevated buildings in CAZs (see
Technical Bulletin 1, Openings in Foundation Walls and Walls of Enclosures). Breakaway walls used
in CAZs must have flood openings that allow for the automatic entry and exit of floodwaters to
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minimize damage caused by hydrostatic loads. Openings also function during smaller storms or if
anticipated wave loading does not occur with the base flood.
(1) All new non-residential construction and substantial improvements shall be elevated so that
the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings
or columns) is no lower than the regulatory flood protection elevation. Floodproofing shall
not be utilized on any structures in Coastal A Zones to satisfy the regulatory flood
protection elevation requirements.
(2) All new non-residential construction and substantial improvements shall have the space
below the lowest horizontal structural member free of obstruction so as not to impede the
flow of flood waters, with the following exceptions:
(a) Open wood, plastic or other latticework or insect screening may be permitted
below the lowest floor for aesthetic purposes only and must be designed to wash
away in the event of wave impact and in accordance with the provisions of Article
5, Section B(4)(e)(i). Design plans shall be submitted in accordance with the
provisions of Article 4, Section B(1)(d)(iii)(2); or
(b) Breakaway walls may be permitted provided they meet the criteria set forth in
Article 5, Section B(4)(e)(ii). Design plans shall be submitted in accordance with the
provisions of Article 4, Section B(1)(d)(iii)(1).
(3) All new non-residential construction and substantial improvements shall include, in Zones
CAZ, flood openings to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect or meet or exceed the
design criteria in Article 5, Section B(4)(d).
(4) Concrete pads, including patios, decks, parking pads, walkways, driveways, etc. must
meet the provisions of Article 5, Section G(5).
(5) All new non-residential construction and substantial improvements shall meet the provisions
of Article 5, Section G(3)
(6) A registered professional engineer or architect shall certify that the design, specifications
and plans for construction are in compliance with the provisions of Article 4, Section B and
Article 5, Section G(3) and (4), on the current version of the North Carolina V-Zone
Certification form or a locally developed V-Zone Certification form.
(7) Recreational vehicles may be permitted in Coastal A Zones provided that they meet the
Recreational Vehicle criteria of Article 5, Section B(6)(a).
(8) Fill/Grading must meet the provisions of Article 5, Section G(11)
(9) Decks and patios must meet the provisions of Article 5 Section G(15) and (16).
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(10) In coastal high hazard areas, development activities other than buildings and structures
must meet the provisions of Article 5, Section G(17).
Zoning Ordinance
51.3-2: Dimensional Requirements:
(1) Minimum lot area: 30,000 sq. ft.
(2) Minimum lot width: 115 feet
(3) Minimum side yard: 20 feet
(4) Minimum front yard: 40 feet
(5) Minimum rear yard: 30 feet
(6) Maximum height: 35 feet
The maximum allowable height for piling supported structures which are located in "Coastal High
Hazard Areas, V-Zones” or Coastal A Zones as defined by Article 4-74 of the New Hanover
County Code Flood Damage Prevention Ordinance shall be 44 feet.
51.4-2: Dimensional Requirements:
(1) Minimum Lot area 20,000 Square Feet
(2) Minimum Lot width 90 feet
(3) Minimum Front Yard 30 feet
(4) Minimum Side Yard 15 feet
(5) Minimum Rear Yard 25 feet
(6) Maximum Height 35 feet
The maximum allowable height for piling supported primary structures which are located in
"Coastal High Hazard Areas, V-Zones", Coastal A Zones, and/or Ocean Hazard Areas as
defined by the Coastal Resources Commission shall be 44 feet. (10/5/92)
51.5-2: Conventional Residential Regulations
Dimensional Requirements:
(1) Minimum lot area 20,000 sq.ft. Duplex 35,000 sq.ft.
(2) Minimum lot width 90 feet
(3) Minimum front yard 30 feet
(4) Minimum side yard 15 feet
(5) Minimum rear yard 25 feet
(6) Maximum Height 35 feet
The maximum allowable height for piling supported primary structures which are located in
"Coastal High Hazard Areas, V-Zones", Coastal A Zones, and/or Ocean Hazard Areas as
defined by the Coastal Resources Commission shall be 44 feet. (10/5/92)
51.6-2: Conventional Residential Regulations
Dimensional Requirements:
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(1) Minimum lot area 15,000 sq.ft. Duplex 25,000 sq.ft.
(2) Minimum lot width 80 feet
(3) Minimum front yard 25 feet
(4) Minimum side yard 10 feet
(5) Minimum rear yard 20 feet
(6) Maximum height 35 feet
The maximum allowable height for piling supported primary structures which are located in
"Coastal High Hazard Areas, V-zones", Coastal A Zones, and/or Ocean Hazard Areas as
defined by the Coastal Resources Commission shall be 44 feet. (10/5/92)
51.7-2: Conventional Residential Regulations
Dimensional Requirements:
(1) Minimum lot area: 10,000 square feet (2/16/87)
Duplexes: l5,000 sq. ft. (1/5/81)
(2) Minimum lot width 70 feet
(3) Minimum front yard 25 feet
(4) Minimum side yard 5 feet
(5) Minimum rear yard 20 feet
(6) Maximum height 35 feet
The maximum allowable height for piling supported primary structures which are located in
"Coastal High Hazard Areas, V-Zones", Coastal A Zones, and/or Ocean Hazard Areas as
defined by the Coastal Resources Commission shall be 44 feet. (10/5/92)
51.8-5: All Medium Density Developments shall comply with the following requirements:
(6) Maximum allowable height for structures shall be 35 feet. However, the maximum
allowable height for piling supported primary structures which are located in "Coastal
High Hazard Areas, V-Zones", Coastal A Zones, and/or Ocean Hazard Areas as defined
by the Coastal Resources Commission shall be 44 feet.
As a requirement of the County’s participation in the NFIP, adoption and enforcement of floodplain
management regulations and FIRMs are required. As all statutory due-process requirements were
met and the Letter of Final Determination was issued from FEMA, local adoption of the additional
panel in the recent Flood Insurance Study must take place prior to December 6, 2019 in order to
ensure continued eligibility in the NFIP.
The proposed amendment to the Flood Damage Prevention Ordinance provides consistency with
the 2019 NC Building Code, which was updated in January 2019 to require construction methods
for all structures in Coastal A zones to adhere to standards in the Coastal High Hazard Areas. This
generally includes a number of detailed methods that are included in structures utilizing elevated
Staff Analysis
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piling construction. The consistency between these codes will assist in eliminating conflicts between
requirements of the Flood Damage Prevention Ordinance and NC Building Code, resulting in a more
efficient and streamlined permitting process.
The proposed amendment to the Zoning Ordinance provides consistency in the application of
building height requirements in areas where elevated piling construction is required. Under the
2019 NC Building Code, all structures are currently required to adhere to these standards, but the
Zoning Ordinance only specifies that areas designated as a Coastal High Hazard Area or Ocean
Hazard Area by the Division of Coastal Management can utilize the increase of height to 44’.
Currently in the Coastal A Zones, the Zoning Ordinance limits building heights to 35’ in certain
residential districts; however, the NC Building Code would still require elevated piling construction,
limiting architectural flexibility on these structures. The proposed amendment would ensure that the
height standards for construction in flood zones requiring elevated piling construction are consistent
with other code requirements.
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment and suggests the following motion:
I move to recommend APPROVAL of the proposed amendment to New Hanover County’s
Zoning Ordinance. I find it to be CONSISTENT with the purpose and intent of the 2016
Comprehensive Plan because it promotes environmentally responsible growth by
identifying those areas most at risk for flooding impacts in the unincorporated county and
provides for measures to mitigate the effects of flooding on development in those areas
consistent with minimum NFIP requirements. In addition, the amendment will allow
structures in the Coastal A Special Flood Hazard areas to have the one to three story
buildings recommended for single-family and multi-family residences across place types. I
also find recommending APPROVAL of the proposed amendment is reasonable and in the
public interest because the proposal incorporates and codifies the most up to date Flood
Insurance Rate Maps and Ordinance provisions, providing mitigation measures for those
areas determined to be most at risk for flooding impacts in the unincorporated County.
Additionally, adoption of the request ensures continued eligibility in the NFIP and provides
consistency in the application of ordinance provisions for structures in Special Flood
Hazard Areas.