IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO. 2025-019
IN RE: The Estate of MARGARET HAZEL ELLIOTT, deceased
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary having been granted to CHARLES GREGORY ELLIOTT AND JOHN JOSEPH ELLIOTT, as co-Executors / Co-Personal Representatives of The Estate of MARGARET HAZEL ELLIOTT, deceased , on the 14th day of January, 2025, by Bill English, Lee County Probate Judge. NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
CHARLES GREGORY ELLIOTT Co-Executors / Co-Personal Representatives of The Estate of MARGARET HAZEL ELLIOTT JOHN JOSEPH ELLIOTT Co-Executors / Co-Personal Representatives of The Estate of MARGARET HAZEL ELLIOTT Legal Run 01/30/25, 02/06/25 & 02/13/25
IN THE PROBATE COURT OF LEE COUNTY, STATE OF ALABAMA
IN THE MATTER OF THE ESTATE OF MARTHA LEILA YOUNG FONDER a/k/a MARTHA LEILA FONDER, DECEASED further and also known as MARTHA LEILA YOUNG FONDER a/k/a MARTHA LEILA FONDER
CASE NO.: 2024-699
LETTERS TESTAMENTARY for the estate of said deceased having been granted to the undersigned Personal Representative CLINTON CHARLES FONDER, on
December 16, 2024, by the Honorable BILL ENGLISH, Judge of the Probate Court of Lee County, Alabama notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.
/s/ CLINTON CHARLES FONDER Legal Run 01/16/2025, 01/23/25 & 01/30/25
NOTICE OF ADVERTISEMENT FOR COMPLETION
LEGAL NOTICE
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given that WHATLEY CONSTRUCTION, LLC, CONTRACTOR, has completed the construction of the Opelika High School Gym Renovations at 1700 Bulldog Parkway, Opelika, AL 36801. for the State of Alabama and Lee County, Opelika, Alabama.
Owner(s) and have made request for final settlement of said Contract.
All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify Turner Batson, Architect / Engineer at 1950 Stonegate Dr., Suite 200, Birmiongham, AL 35242.
Whatley Construction, LLC – Contractor
PO Box 137, Opelika, AL 36803
NOTE: This notice must be run for a minimum of three weeks for projects of $100,000.00 or more. For acceptable methods of advertisement, see General Conditions of the Contract, Article 34. Proof of publication of the notice shall be made by the contractor to the authority by whom the contract was made by affidavit of the publisher or website owner and a printed copy of the notice published. A final settlement shall not be made upon the contract until the expiration of 30 days after the completion of the notice. Legal Run 01/16/25, 01/23/25, 01/30/25 & 02/06/25
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE:THE ESTATE OF EUGENE T. KIRBY, DECEASED.
Case No. 2024-689
TAKE NOTICE that Letters Testamentary having been granted to Sarah Moncus, as Executrix of the Estate of Eugene T. Kirby, deceased, on the 8th day of January, 2025, by the Honorable Bill English, Judge of Probate Court of Lee County.
NOTICE IS HEREBY GIVEN that all persons having claims against the Estate are hereby required to present the same within the time allowed by law or the same will be barred.
Bill English, Probate Judge Lee County, Alabama
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033 Legal Run 01/16/25, 01/23/25 & 01/30/25
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF JAMES DONALD LOLLEY, Deceased
Case No.: 2024-506
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Tracey Lolley, Personal Representatives on the 9th day of January, 2025, by Honorable Bill English, Judge of Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Tracey Lolley Legal Run 01/16/2025, 01/23/2025 & 01/30/2025
NOTICE OF APPOINTMENT
ESTATE OF GRADY KIM BIRCHFIELD, DECEASED
COURT OF PROBATE, LEE COUNTY
CASE NO. 2025-027
Letters Testamentary of said deceased having been granted to the undersigned on the 16th day of January, 2025, by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law of the same will be barred.
Witness our hands and dated this the 16th day of January, 2025.
MARLA BIRCHFIELD
Legal Run 01/23/2025, 01/30/2025 & 02/06/2025
ORDINANCE NO. 002-25
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
(HIDDEN LAKES ADDITION PUD)
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. FINDINGS. The Council has determined and hereby finds and declares that the following facts are true and correct:
(a)Linda Laurene Bence Dixon, Melania Densen Bence Harrison and Laura Nell Bence Hartley (the “Owners”) are the owners of record of that certain property consisting of 12.61 acres located in the 900 block of Lake Condy Road.
(b)The Owners, by and through their authorized representative, Barrett-Simpson, Inc., heretofore submitted to the City a development plan for a planned unit development (“PUD”) consisting of approximately 12.24 acres, designated as “Hidden Lakes Addition Planned Unit Development”. The proposed development is located along the north side of Lake Condy Road and adjoins the east side of Hidden Lakes Subdivision.
(c) The proposed development is a residential development consisting of approximately 19 single-family home lots.. The development plan shows Hidden Lakes Addition has been master planned to be consistent with the general development of the existing Hidden Lakes Subdivision. Hidden Lakes Addition will share amenities and the Homeowners Association with Hidden Lakes Subdivision. The development will be accessed from Lake Condy Road and through Hidden Lakes Subdivision. The proposed density is .95 units per acre.
(d) On November 19, 2024, the Planning Commission heretofore conducted a public hearing of the proposed development and referred to the City Council its recommendation to approve the proposed development.
(e) It is advisable and in the interest of the City and the public interest that the proposed property described in Section 3 below should be developed as a residential planned unit development.
Section 2. APPROVAL OF THE DEVELOPMENT PLAN. The Development Plan as submitted for review is hereby approved and affirmed as required by Section 8.18(N) of the Zoning Ordinance of the City.
Section 3. DESIGNATION OF A PLANNED UNIT DEVELOPMENT. The official Zoning Map is hereby amended and the zoning classification for the following parcel of land shall be changed from a R-3 District (Low-Density Residential District) to a Planned Unit Development (PUD) on the official zoning map of the City.
Commencing at the Northwest corner of Section 4, Township 19 North, Range 27 East, Lee County, Alabama, said corner being the beginning point of the tract of land here to be described and conveyed: From said point of beginning run thence North 89 degrees 32 minutes East along the North boundary line of said Section 4, 295.0 feet; run thence South 0 degrees 14 minutes East 1,545.0 feet to a point in the center line of a dirt road; run thence North 65 degrees 00 minutes West along the center of said dirt road 610.0 feet; run thence North 1 degree 02 minutes East 351.9 feet; run thence South 88 degrees 48 minutes East 248.6 feet; run thence North 0 degrees 12 minutes West 938.2 feet to the point of beginning; containing 12.24 acres, more or less, situated Sections 4 and 5, Township 19 North, Range 27 East, Lee County, Alabama, and being designated as Parcel 5 on that certain plat of survey dated January 14, 1963, prepared by George L. Boles, of record in Town Plat Book 6, at Page 128, in the Office of Judge of Probate of Lee County, Alabama.
The above-described property, containing approximately 12.24 acres, is located in the 900 Block of Lake Condy Road.
Section 4. RETENTION OF COPIES OF DEVELOPMENT PLAN. Copies of the Development Plan shall be maintained in the office of the City Clerk, City Planner, City Engineer and Building Official and shall be open for public inspection.
Section 5. REPEALER. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 7. PUBLICATION. This Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 23rd day of January, 2025.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR on this the 24th day of January, 2025.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 24th day of January, 2025.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK Legal Run 01/30/2025
NOTICE OF PUBLIC HEARING
OPELIKA CITY COUNCIL
March 18, 2025, 6:00 P.M.
NOTICE IS HEREBY GIVEN in accordance with §23-4-2, Code of Alabama, 1975, that the City Council of the City of Opelika will conduct a Public Hearing during the regularly scheduled City Council meeting on Tuesday, March 18, 2025, beginning at 6:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to receive the benefit of public input concerning a proposal to vacate the portion of Spring Street lying on the north side of Dallas Avenue. All persons interested in the proposed vacation are invited to appear at the public hearing and express their views. Written statements or objections may be submitted to the City Clerk prior to the time of the hearing.
The portion of Spring Drive proposed to be vacated is more particularly described as follows:
All of the portion of Spring Drive lying north of Dallas Avenue as shown on plat of Spring Hill Heights Subdivision of record in Town Plat Book 3, Page 12 in the Office of the Judge of Probate of Lee County, Alabama, and as shown on plat of Spring Hill Heights, Block “L” Subdivision of record in Town Plat Book 18, Page 31 in the Office of the Judge of Probate of Lee County, Alabama.
A copy of the Petition to Vacate and the proposed resolution approving the vacation will be available upon request at the office of the City Clerk, 2nd Floor of City Hall, 204 South 7th Street, Opelika, Alabama.
Please contact Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
DATED this the 30th day of January, 2025
/s/Russell A. Jones, MMC
RUSSELL A. JONES, CITY CLERK Legal Run 01/30/25, 02/6/25, 02/13/25 & 02/20/2025
NOTICE OF PUBLIC HEARING
OPELIKA CITY COUNCIL
March 18, 2025, 6:00 P.M.
NOTICE IS HEREBY GIVEN in accordance with §23-4-2, Code of Alabama, 1975, that the City Council of the City of Opelika will conduct a Public Hearing during the regularly scheduled City Council meeting on Tuesday, March 18, 2025, beginning at 6:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to receive the benefit of public input concerning a proposal to vacate the rights-of-way of Linch Street, Haddox Street, Brown Street, King Street and a portion of Penland Street. All persons interested in the proposed vacation are invited to appear at the public hearing and express their views. Written statements or objections may be submitted to the City Clerk prior to the time of the hearing.
The rights-of-way of the streets to be vacated are more particularly described as follows:
The rights-of-way of those platted streets, never constructed, as named Linch, Haddox and Brown in Operell Subdivision as recorded in Plat Book 3 at Page 21 in the Office of the Judge of Probate of Lee County, Alabama and as contained within Lot 1, Hamilton Station Subdivision as recorded in Plat Book 12 at Page 178 in the Office of the Judge of Probate of Lee County, Alabama. And also King Street and a portion of Penland Street which fronts on Lots 5 thru 16 which were platted in Operell Subdivision as recorded in Plat Book 3 at Page 21 in the Office of the Judge of Probate of Lee County, Alabama and as contained in Lot 2 Century Park Subdivision, Operell Section as recorded in Plat Book 39 at Page 94 in the Office of the Judge of Probate of Lee County, Alabama.
A copy of the Petition to Vacate and the proposed resolution approving the vacation will be available upon request at the office of the City Clerk, 2nd Floor of City Hall, 204 South 7th Street, Opelika, Alabama.
Please contact Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
DATED this the 30th day of January, 2025.
/s/ Russell A. Jones, MMC
RUSSELL A. JONES, CITY CLERK Legal Run 01/30/25, 02/06/25, 02/13/25 & 02/20/25
STORAGE UNIT AUCTIONS
Notice of Public Auction
Mini Mall Storage-Opelika
We will be holding a public auction online at
SelfStorageAuction.com
Date: January 29, 2025, Time: 10:00am
The payment methods we will accept for this are: cash, debit,
Visa, Mastercard and Amex.
All sales are final: The bidder must place a $100 cash deposit, make payment and clear out the unit within 48 hours from the time the auction closes. Once the unit has been inspected,
the $100 cash deposit will be returned to the bidder.
We currently have 4 units:
I 02 – Letitia Baker – Household, furniture, tubs, shoes Legal Run 01/30/2025
STORAGE TREASURES AUCTION
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
2020 S. College St. Auburn, AL 36832 Thursday, February 6, 2025 at 10:00AM
Unit 1021
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Legal Run 01/30/2025
STORAGE TREASURES AUCTION
Extra Space Storage (Life Storage) will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
3951 Pepperell Pkwy Opelika AL 36801 Thursday, February 6, 2025 at 10:00AM
Unit A56
Unit C27
Unit D15
Unit D26
Unit D45
Unit C44
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Legal Run 01/30/2025
STORAGE TREASURES AUCTION
Extra Space Storage, on behalf of itself or its affiliates, Life Storage or Storage Express, will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
Extraspace Storage 2357 E Glenn Ave Auburn, Al 36830
02/06/2025 at 10:00am
Unit 1085, unit 2024, unit 3019 and Unit 3094
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Legal Run 01/30/2025
STORAGE TREASURES AUCTION
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1242 N Dean Rd, Auburn, AL 36830 Thursday, 02/06/2025 at 10:00AM
Unit 245
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Legal Run 01/30/2025
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1412 Opelika Rd Auburn, AL 36830 – Thursday, February 6th, 2025 @ 10:00 AM
Unit K137
Unit 219
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Legal Run 01/30/2025
OTHER NOTICES
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
CV-2024-900633.00
NOLAN TORBERT, Plaintiff,
V.
A Parcel of Land in Lee County, Alabama, as the same is Described in 2598 at Page 115, in the Office of the Judge of Probate of Lee County, Alabama,
THOMAS M. DALLAS AND MARYL. DALLAS,
Unknown Heirs of Thomas and Mary Dallas, and
Unknown persons who may claim an interest in said property whose identities are unknown and who cannot by reasonable diligence be ascertained,
Defendants.
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown, and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 18th day of December 2024, a Complaint for Ejectment and Quiet Title was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property:
Lee County Tax Parcel# 43-21-01-02 0-000-002.000:
From the point of beginning at the Southeast comer of the Northeast quarter of the Northeast quarter of Section 2, Township 17 North, Range 26 East, run North 800 feet to a stake; thence run West 400 feet to a stake; thence South 364 feet to a stake; thence West 25 feet to a stake; thence South 436 feet to a stake on the quarter section line; thence East along quarter section line 425 feet to the point of beginning, containing 8 acres, more or less, and being shown by Plat or survey made by Robert
R. Bell, Registered Surveyor, on February 1, 1958, and attached hereto and incorporated as a part hereof by reference
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 13th day of January, 2025
Mary Roberson
Circuit Court Clerk, Lee County
Benjamin H. Parr
830 Avenue A, Suite A Opelika, Alabama 36801
Telephone Number: 334-749-6999 Fax:334-203-1875
ben@benparrlaw.com
Legal Run 1/30/25, 2/6/25, 2/13/25 & 2/20/25
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
CV-2024-900563.00
CHEQUETA S. DAVIS,
Plaintiff, V.
A Parcel of Land in Lee County, Alabama, as the same is Described in Deed Book 2669 at Page 359, in the Office of the Judge of Probate of Lee County, Alabama,
LEMON GRADY SHEALEY,
Unknown Heirs of Lemon Grady Shealey, and
Unknown persons who may claim an interest in said property whose identities are unknown and who cannot by reasonable diligence be ascertained,
Defendants.
NOTICE OF ACTION
To: Lemon Grady Shealey and all Defendants herein, whose whereabouts and identities are unknown and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 7ih day of November 2024, a Complaint for Ejectment and Quiet Title was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property:
Lee County Tax Parcel # 43-10-03 08-2-001-128.000: Part of Lot 1 Blk 5 Beg NW Cor Lot 1: TH S 88.4’; E 165’S; N 88.4’to S Line Brannon St.: W 166’S to POB in Palmer SD PB 2/11 in Opelika.
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 13th day of January, 2025
Mary Roberson
Circuit Court Clerk, Lee County
Benjamin H. Parr
830 Avenue A, Suite A Opelika, Alabama 36801
Telephone Number: 334-749-6999 Fax:334-203-1875
ben@benparrlaw.com Legal Run 1/30/25, 2/6/25, 2/13/25 & 2/20/25
NOTICE OF CIVIL ACTION
Craig Tanner Casteel, whose whereabouts are unknown, must answer AubumBank’s complaint for Breach of Contract, Unjust Enrichment, Open Account-Note, Account Stated, Money Lent, and Claim for Writ of Seizure by March 17, 2025, or, thereafter, a judgment by default may be rendered against him in case number 43-CV-2024-900454.00, Circuit Court of Lee County.
Done the 14th day of January, 2025.
Mary Roberson, Clerk of the Circuit Court of Lee County
Blake L. Oliver
SAMFORD & DENSON, LLP
P.O. Box 2345
Opelika, AL 36803-2345
Telephone (334) 745-3504
Facsimile (334) 745-3506 Email: oliver@samfordlaw.com Attorney for AuburnBank Legal Run 01/30/25, 02/6/25, 2/13/25 & 2/20/25
CITY OF OPELIKA – ORDINANCE NO. 001-2
ORDINANCE NO. 001-25
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 7
OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA
(FLOOD DAMAGE PREVENTION)
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. That Article II of Chapter 7 “Flood Damage Prevention” of the Code of Ordinances of the City of Opelika, Alabama, is hereby deleted in its entirety and replaced with new Article II “Flood Damage Prevention,” which article shall read as follows:
ARTICLE II—FLOOD DAMAGE PREVENTION
DIVISION 1.
Statutory Authorization, Findings of Fact,
Purpose And Objectives
SECTION 7-21 STATUTORY AUTHORIZATION
The Legislature of the State of Alabama has in Title 11, Chapter 19, Sections 1-24, Chapter 45, Sections 1-11, Chapter 52, Sections 1-84, and Title 41, Chapter 9, Section 166 of the Code of Alabama, 1975, authorized local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Opelika, Alabama, does ordain these flood damage prevention and protection regulations.
SECTION 7-22 FINDINGS OF FACT
(1) The flood hazard areas of the City of Opelika, Alabama are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, 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 occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.
SECTION 7-23 STATEMENT OF PURPOSE
It is the purpose of this article 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) 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 water 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, and;
(4) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters, or which may increase flood hazards to other lands;
(5) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters.
SECTION 7-24 OBJECTIVES
The objectives of this article are:
(1)to protect human life and health;
(2) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(3) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas,
(4) to minimize expenditure of public money for costly flood control projects;
(5) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(6) to minimize prolonged business interruptions, and;
(7) to insure that potential home buyers are notified that property is in a flood area.
DIVISION 2.
GENERAL PROVISIONS
SECTION 7-25 LANDS TO WHICH THIS ORDINANCE APPLIES
This article shall apply to all Areas of Special Flood Hazard within the jurisdiction of the City of Opelika, Alabama.
SECTION 7-26 BASIS FOR AREA OF SPECIAL FLOOD HAZARD
The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), November 2, 2011 and the revisions thereto, are adopted by reference and declared a part of this ordinance. For those land areas acquired by a municipality through annexation, the current effective FIS and data for Lee County are hereby adopted by reference. Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS.
SECTION 7-27: ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the provisions of this ordinance PRIOR to the commencement of any Development activities.
SECTION 7-28. COMPLIANCE
No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations.
SECTION 7-29. ABROGATION AND GREATER RESTRICTIONS
This article is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION 7-30. INTERPRETATION
In the interpretation and application of this article 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.
SECTION 7-31. WARNING AND DISCLAIMER OF LIABILITY
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 man-made or natural causes. This ordinance does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Opelika or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
SECTION 7-32. PENALTIES FOR VIOLATION
Violation of the provisions of this article 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 a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved in the case: Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Opelika from taking such other lawful actions as is necessary to prevent or remedy any violation. The Code of Alabama (1975), Title 11, Chapters 19 and 45 grant local governments in Alabama the authority to administer the enforcement provisions stated within this section of the Ordinance.
(1) Stop Work Order. The community may issue a stop work order, which shall be served on the applicant or other responsible person.
(a) Upon notice from the Administrator, work on any building, structure or premises that is being performed contrary to the provisions of this Ordinance shall immediately cease.
(b) Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
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 or violations described therein. The stop work order must include a provision that it may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.
(2) Notice of Violation. If the community determines that an applicant or other responsible party for the development has failed to comply with the terms and conditions of a permit, or otherwise not in accordance with the provisions of this Ordinance, it shall issue a written Notice of Violation, by certified return receipt mail, to such applicant or other responsible person. Where the person is engaged in activity covered by this Ordinance without having first secured a permit, the notice shall be served on the owner or the party in charge of the activity being conducted on the site. Therefore, any work undertaken prior to submission and approval of an official permit by the City of Opelika or otherwise not in accordance with this Ordinance shall constitute a violation of this Ordinance and be at the permit holder’s risk. The notice of violation shall contain:
(a) The name and address of the owner or the applicant or the responsible party;
(b) The address or other description of the site upon which the violation is occurring;
(c) A statement specifying the nature of the violation (including failure to obtain a permit);
(d) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit or this Ordinance and the date for the completion of such remedial action;
(e) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed, and;
(f) A statement in the Notice of Violation shall be included that the determination of violation may be appealed to the community by filing a written Notice of Appeal within ten (10) working days after the Notice of Violation. Exceptions for the deadline for this Notice include: 1) in the event the violation constitutes a danger to public health or public safety, then a 24-hour notice shall be given; 2) if there’s an imminent or immediate threat to life or property, then immediate action is required.
(3) Administrative appeal; judicial review. Any person receiving a Notice of Violation may appeal the determination of the community, including but not limited to the issuance of a stop work order, the assessment of an administratively-imposed monetary penalty, the suspension, revocation, modification, or grant with condition of a permit by the community upon finding that the holder is in violation of permit conditions, or that the holder is in violation of any applicable ordinance or any of the community’s rules and regulations, or the issuance of a notice of bond forfeiture.
The Notice of Appeal must be in writing to the Floodplain Administrator and must be received within ten (10) days from the date of the Notice of Violation. A hearing on the appeal shall take place within thirty (30) days from the date of receipt of the Notice of Appeal.
(4) All appeals shall be heard and decided by the community’s designated appeals board, which shall be Construction Board of Adjustments & Appeals, or their designees. The appeals board shall have the power to affirm, modify, or reject the original penalty, including the right to increase or decrease the amount of any monetary penalty and the right to add or delete remedial actions required for correction of the violation and compliance with the community’s floodplain development ordinance, and any other applicable local, state, or federal requirements. Appeals cannot be in opposition to the provisions of this Ordinance. The decision of the appeal board shall be final.
(5) A judicial review can be requested by any person aggrieved by a decision or order of the community, after exhausting his/her administrative remedies. They shall have the right to appeal de novo to the Lee County Circuit of Alabama.
SECTION 7-33. SAVINGS CLAUSE
If any section, subsection, sentence, clause, phrase, or word of this article is for any reason held to be noncompliant with 44 Code of Federal Regulation 59-78, such decision shall not affect the validity of the remaining portions of this article.
DIVISION 3.
ADMINISTRATION
SECTION 7-34 DESIGNATION OF ADMINISTRATOR
The Building Official and his designees is hereby appointed to administer and implement the provisions of this article.
SECTION 7-35 PERMIT PROCEDURES
Application for a Development Permit shall be made to the Building Official on forms furnished by the community PRIOR to any development (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, drilling operations, or storage of equipment or materials) in the SFHAs of the community, and may include, but not limited to, the following: plans in duplicate drawn to scale showing the elevations of the area in development and the nature, location, dimensions, of existing or proposed development.
Specifically, the following procedures and information are required for all projects in the SFHA or other designated floodplains within the jurisdiction of the City of Opelika:
(1) Application Stage – Plot plans are to include:
(a)The BFEs where provided as set forth in Division 4 Sections 7-38 and 7-39.
(b)Boundary of the Special Flood Hazard Area and floodway(s) as delineated on the FIRM or other flood map as determined in Division 2 Section 7-26;
(c) Flood designation of the proposed development area as determined in Division 2 Section 7-26;
(d) Elevation in relation to mean sea level (or highest adjacent grade) of the regulatory lowest floor elevation, including basement, of all proposed structures;
(e) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;
(f) Design certification from a professional engineer, who in licensed to practice in the State of Alabama, or a licensed architect, who is registered to practice in the State of Alabama, that any proposed non-residential structure will meet the flood-proofing criteria of Division 4 Section 7-38 (2) and Section 7-41 (2).
(g) A Foundation Plan, drawn to scale, that shall include details of the proposed foundation system to ensure all provisions of this Ordinance are met. These details include, but are not limited to, the proposed method of elevation (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation of columns/posts/piers/shear walls) and description of any flood openings required in accordance with Division 5 Section 7-38 (1) and (3) when solid foundation perimeter walls are used.
(h)Usage details of any enclosed areas below the lowest floor shall be described.
(i) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
(j) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development including current and proposed locations of the watercourse. An engineering report shall be prepared by a professional engineer, who is licensed to practice in the State of Alabama, on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream. The affected properties shall be depicted on a map or on the plot plan.
(k) Certification of the plot plan by a professional engineer of surveyor, who is licensed to practice in the State of Alabama, is required.
(2) Construction Stage
(a) For all new construction and substantial improvements, the permit holder shall provide to the Building Official an as-built certification of the regulatory floor elevation or flood-proofing level using appropriate FEMA elevation or flood-proofing certificate immediately after the lowest floor or flood proofing is completed. The elevation certificate shall be required at the batter board or form board stage before the slab is poured. The slab will not be approved to pour until the elevation certificate has been approved by the Building Official. When flood proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.
(b) Any work undertaken prior to submission of these certifications shall be at the permit holder’s risk. The Building Official shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.
(c) The Floodplain Administrator shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.
(d) The Floodplain Administrator shall make periodic inspections of projects during construction throughout the SFHAs within the jurisdiction of the community to ensure that the work is being done according to the provisions of this Ordinance and the terms of the permit. Members of the inspections/engineering department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the City of Opelika during normal business hours of the community for the purposes of inspection or other enforcement action.
(e) The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.
(3)Finished Construction Stage
Upon completion of construction, a FEMA elevation certificate (FEMA Form 81-31 or equivalent), which depicts all finished construction elevations, must be submitted to the Floodplain Administrator prior to issuance of a Certificate of Occupancy.
(a) If the project includes a floodproofing measure, a FEMA floodproofing certificate is required to be submitted by the permit holder to the Floodplain Administrator.
(b)The Floodplain Administrator shall review the certificate(s) data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance.
(c)In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
(d) Documentation regarding completion and compliance with the requirements stated in the permit application and with Division 3, Section 7-35(1) of this ordinance shall be provided to the local Floodplain Administrator at the completion of construction or records shall be maintained throughout the Construction Stage by inspectors for the Floodplain Administrator. Failure to provide the required documentation shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
(e) All records that pertain to the administration of this ordinance shall be maintained and made available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
SECTION 7-36 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
The Floodplain Administrator and his/her designated staff is hereby authorized and directed to enforce the provisions of this Ordinance. The Floodplain Administrator is further authorized to render interpretations of this Ordinance, which are consistent with its spirit and purpose. Duties of the Floodplain Administrator shall include, but shall not be limited to:
(1) Require permits for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is proposed within flood-prone areas. Ensure the public is aware that floodplain development permits are required for development in SFHAs.
(2) Conduct regular inspections of the community’s SFHAs for any unpermitted development and issue Stop Work Orders and Notice of Violations for any such development. Any unpermitted structure or non-structural development in the SFHA will be considered a violation until such time that the violation has been remedied.
(3) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Maintain such permits permanently with floodplain development permit file.
(4) Review all permit applications of proposed development, to determine whether the proposed construction or other development will be reasonably safe from flooding and to assure compliance with this Ordinance.
(a) If the provisions of this Ordinance have been met, approve the permit.
(b) If the provisions of this Ordinance have not been met, request that either corrections and accurate completion of the application be made or disapprove the permit.
(5) When BFE data or floodway data have not been provided in accordance with Division 2, Section B then the Floodplain Administrator shall obtain, review and reasonably utilize any BFE and floodway data available from a Federal, State, or other sources in order to administer the provisions of Division 4.
(6)Verify and record the actual elevation of the lowest floor, in relation to mean sea level (or highest adjacent grade), including basement, of all new construction or substantially improved residential structures in accordance with Division 3, Section 7-35(2).
(a) Review elevation certificates and require incomplete or incorrect certificates to be corrected and resubmitted for approval.
(b) A post-construction elevation certificate is required to be kept with the permit and certificate of occupancy in perpetuity; a pre-construction elevation certificate can be used to ensure the correct elevation for the lowest floor and machinery along with the correct number of vents that will be used.
(7) Verify and record the actual elevation, in relation to mean sea level to which any new or substantially improved non-residential structures have been elevated or floodproofed, in accordance with Division 3 Section 7-38 or Division 4 Section 7-38 (2) and Section 7-41 (2).
(8) When floodproofing is utilized for a non-residential structure, the Floodplain Administrator shall obtain certification of design criteria from a professional engineer, licensed to practice in the State of Alabama, or licensed architect, registered to practice in the State of Alabama, in accordance with Division 3 Section 7-35 (1) and Division 4 Section 7-38 (1) or Section 7-41 (2).
(9)Notify adjacent communities and the Alabama Department of Environmental Management and the appropriate district office of the U.S. Army Corps of Engineers prior to any alteration or relocation of a watercourse. Submit evidence of such notification to FEMA and the NFIP State Coordinator’s Office (Alabama Department of Economic and Community Affairs, Office of Water Resources).
(10) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months after completion of the project to FEMA and State to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained following completion of the project.
(11) Where interpretation is needed as to the exact location of boundaries of the SFHA (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance.
(12) All records pertaining to the provisions of this Ordinance shall be maintained, in perpetuity, at the office of the Floodplain Administrator and shall be available for public inspection when requested.
(13) For any improvements made to existing construction located in the SFHA (as established in Division Section 7-26 ensure that a permit is obtained. Also, conduct Substantial Improvement (SI) (as defined in Division 6 of this Ordinance) reviews and analysis of all structural development permit applications. Maintain a record of the SI calculations and comments within the permit files in accordance with Section 7-36 (11) of this Article.
(14) For any residential and nonresidential structures located in the SFHAs that are damaged from any source, natural hazard or man-made, conduct Substantial Damage (SD) (as defined in Section 6 of this Ordinance) assessments.
(a) The Floodplain Administrator shall ensure that permits are obtained, in accordance with this Ordinance, prior to any repairs commencing.
(b) Make SD determinations whenever structures within the SFHA area are damaged by any cause or origin. SD determinations shall not be waived to expedite the rebuilding process during a post-disaster recovery or for any other reason.
(c) If the community has a large number of buildings in their SFHA that have been damaged, they should decide in advance how best to handle permitting and inspecting damaged buildings for substantial damage determinations.
(d) If required, a moratorium may be placed on all non-disaster related construction permits until the community has sufficiently completed its SD determinations.
(e) The SD determinations should be performed immediately after the damage-causing event or other cause of damage.
(f) The community shall utilize methods and tools for collecting building data and performing analyses that will provide reasonable and defensible SD determinations. Those tools shall be capable of generating reports for record-keeping purposes and to provide to the applicable property owners if requested.
(g) Maintain a record of the SD calculations within permit files in accordance with Section 7-36 (11) of this Article.
(h) If the SD determination finds that the extent that 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, the Floodplain Administrator shall:
i. Coordinate with the property owner and issue a letter to convey the SD determination.
ii. Determine if the damage was caused by flooding and include the cause in the letter to the property owner. Also, include whether or not the structure qualifies as a repetitive loss structure per the definitions in Article 6 of this Ordinance. The information can be used to determine if the claim is eligible for an Increased Cost of Compliance claim.
iii. Coordinate with property owners and insurance companies for any NFIP claims.
iv. If the repairs are to proceed, coordinate with the permit applicant to ensure a permit is obtained and inspections are conducted to ensure that all applicable provisions of this Ordinance are adhered to without exception or waiver.
(i) A structure qualifies as a repetitively damaged structure (synonymous to repetitive loss property) if it’s determined to have been damaged by flooding two or more times within a 10-year period where the cost of repairing the flood damage, on average, equaled or exceeded 25 percent of its market value at the time of each flood event. All of the provisions of Article 3, Section C(13) for substantial damages shall apply to any repetitively damaged structure, whether it is covered by NFIP flood insurance or not.
If the structure is located within a SFHA and NFIP flood insurance claims were paid for each of the two flood losses, then the structure is eligible for an Increased Cost of Compliance (ICC) claim. The following procedures shall be performed by the community to track repetitive losses and provide documentation necessary for an ICC claim:
i. Maintain permit records of all reconstruction and repairs for flood damages;
i. Record the date of repairs for a particular building so that the repair history can be checked before the next permit is issued;
ii. Record the flood-related cost to repair the building and the market value of the building before the damage occurred for each flood event; and
iii. Issue a letter of Notice of Determination to the owner of the structure.
(j) Ensure that phased improvements and incremental repairs do not circumvent the SI/SD requirements.
(k) Ensure that any combinations of elective improvements being made in addition to the necessary repairs to damages are included in making the SI/SD determination.
(l) An applicant for a permit may appeal a decision, order, or determination that was made by the local official for the following:
i. The local official’s finding or determination that the proposed work constituting a SI/SD were based on insufficient information, errors, or repair/improvement costs that should be included and/or excluded;
ii. The local official’s finding or determination that the proposed work constituting a SI/SD were based on inappropriate valuations of costs for the proposed work, or an inappropriate method to determine the market value of the building.
(m) It is not appropriate for a permit applicant to seek an appeal who wishes to build in a manner that is contrary to the regulations and codes included in this ordinance. In those cases, the applicant should seek a variance.
(n) Ensure that any building located in a floodway that constitutes a SI/SD has an engineering analysis performed in accordance with Article 4, Section C(2). If that analysis indicates any increase in the BFE, the local official must not allow the proposed work unless the structure is brought into full compliance with this Ordinance.
(15) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged structure covered by a standard flood insurance policy into compliance (either substantially damaged structures or repetitive loss structures) to ensure eligibility for ICC funds.
DIVISION 4.
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 7-37 GENERAL STANDARDS
In ALL SFHAs and flood-prone areas regulated by the City of Opelika, the following provisions are required for all proposed development including new construction, reconstruction or repairs made to repetitive loss structures, and substantial improvements:
(1) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including but, not limited to Section 404 of the Federal Water Pollution Control Act Amendments (1972, 33 U.S.C. 1334) and the Endangered Species Act (1973, 16 U.S.C. 1531-1544). Maintain such permits permanently with floodplain development permit file.
(2) New construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(3) New construction and substantial improvements shall be constructed with materials resistant to flood damage below the BFE.
(4) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.
(5) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(6) Review subdivision proposals and other proposed development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed development is in a SFHA, any such proposals shall be reviewed to assure that:
(a) They are consistent with the need to minimize flood damage within the SFHA,
(b) All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage,
(c) All new and replacement water supply systems are to be designed to minimize or eliminate infiltration of flood waters into the systems,
(d) All new and replacement sanitary sewage systems are to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters,
(e) Onsite waste disposal systems are to be located to avoid impairment to them or contamination from them during flooding, and
(f) Adequate drainage provided to reduce exposure to flood hazards.
(7) Manufactured homes shall be installed using methods and practices which minimize flood damage. They 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 requirements for resisting wind forces.
(8) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.
(9) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(10) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(11) Any alteration, repair, reconstruction or improvement to new construction and substantial improvements which is not compliant with the provisions of this Ordinance, shall be undertaken only if the non-conformity is not furthered, extended or replaced.
(12)Proposed new construction and substantial improvements that are partially located in a SFHA shall have the entire structure meet the standards of this Ordinance for new construction.
(13)Where new construction and substantial improvements located in multiple SFHAs or in a SFHA with multiple BFEs, the entire structure shall meet the standards for the most hazardous SFHA and the highest BFE.
SECTION 7-38 SPECIFIC TECHNICAL STANDARDS
In ALL Special Flood Hazard Areas designated as A, AE, AH (with engineered or estimated BFE), the following provisions are required:
(1) Residential and Non-Residential Structures – Where BFE data is available, new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than TW0 (2) foot above the base flood elevation (also referred to as the design flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Division 4 Section 7-38 (3).
(2) Non-Residential Structures – New construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvement of any non-residential structure located in AE or AH zones, may be floodproofed (dry) in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to at least TWO (2) foot above the base flood elevation (herein after referred to as the design flood elevation), 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) A professional engineer, who is licensed to practice in the State of Alabama, or licensed architect, who is registered to practice in the State of Alabama, shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with the standards in ASCE-24 (for dry floodproofing) or other compatible standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in Division 3 Section 7-36 (6). (b)A record of such certificates, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained with the official permitting records for the structure and kept in-perpetuity.
(c)Any non-residential functionally dependent structure (as defined in Article 6) that cannot meet the standards stated in Section 7-38 (2)(a) shall require a variance to be issued in accordance with Division 5 Section 7-45 (3) and Division 5 Section 7-46 (1).
(3)Enclosures for Elevated Buildings – All new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvements of existing structures (residential and non-residential) that include ANY fully enclosed area below the BFE, located below the lowest floor formed by the foundation and other exterior walls shall be designed so as to be an unfinished 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 flood waters.
(a) Designs for complying with this requirement must either be certified by a professional engineer, who is licensed to practice in the State of Alabama, or a licensed architect, registered to practice in the State of Alabama, or meet the following minimum criteria:
(i) Provide a minimum of two openings for each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding (if a structure has more than one enclosed area below the BFE, each shall have openings on exterior walls);
(ii) Openings shall be in at least two walls of each enclosed area (includes areas separated by interior walls);
(iii) The bottom of all openings shall be no higher than two-foot above grade;
(iv) Openings may be equipped with screens, louvers, valves and other coverings or devices provided that they permit the automatic entry and exit of floodwaters in both directions without impeding or blocking flow and shall be accounted for in determination of the net open area; and
(v) Openings meeting the requirements of (3)(a)(i) – (iv) that are installed in doors are permitted.
(b) So as not to violate the “Lowest Floor” criteria of this Ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage, or access to the elevated area.
(c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
(d) All interior walls, ceilings and floors below the BFE shall be unfinished and/or constructed of flood damage-resistant materials. This practice is also referred to as “wet floodproofing”. The definitions for “flood damage-resistant materials” and “wet floodproofing” are included in Division 6.
(e) Mechanical, electrical, or plumbing devices shall be installed not less than one foot above the BFE. The interior portion of such enclosed area(s) shall be void of utilities except for essential lighting and power, as required, that are watertight or have otherwise been floodproofed.
(4)Standards for Manufactured Homes and Recreational Vehicles Where Base Flood Elevation Data is Available
(a) Require that all manufactured homes placed or substantially improved:
(i) Outside of a manufactured home park or subdivision,
(ii) In a new or substantially improved manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood,
be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the BFE and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
(b) Require that all manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of Subsection (4)(a) be elevated so that either:
(i) The lowest floor of the manufactured home is one foot or more above the BFE; OR
(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the highest adjacent grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
(iii) Concrete block piers (and other foundation systems) are to be designed in accordance with the Code of Federal Regulations Title 24, Part 3285 and with the specifications in FEMA P-85: Protecting Manufactured Homes from Floods and Other Hazards – A Multi-Hazard Foundation and Installation Guide. The §3285.306 Design procedures for concrete block piers and FEMA P-85 (Table SP-1.1), specify that the maximum allowable pier height (measured from top of grade) for concrete piers to be five (5) feet.
(iv) The chassis and its supporting equipment are to be above the pier or other foundation. The areas below the chassis must be constructed with flood-resistant materials. All utilities and mechanical equipment must be elevated to a minimum of three (3) feet above the highest adjacent grade. Any utility and mechanical components that must be below the BFE must be made watertight to that same elevation to meet the standards in Division 4 Section 7-37 (4).
(c) Require that all recreational vehicles placed on sites must either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use on its wheels or jacking system,
(iii) Be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additions; OR
(iv) Must meet all the requirements for “New Construction”, including the anchoring
(v) and elevation requirements of Division 4 Section 7-38 (4)(a) and (4)(b).
(3) Standards for Manufactured Homes Where No Base Flood Elevation Exists.
(a) Require that all manufactured homes to be placed within a Zone A area on the FIRM shall be installed using methods and practices which minimize flood damage.
(b) 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.
(c) The manufactured home chassis must be supported by reinforced piers or other foundation elements of at least equivalent strength such that the bottom of the chassis and its supporting equipment be no less than 36 inches and up to a maximum 60 inches (five feet) above the highest adjacent grade and be securely anchored to an adequately anchored foundation system.
(d) The areas below the chassis must be constructed with flood-resistant materials. All utilities and mechanical equipment must be elevated to a minimum of 3 feet above the highest adjacent grade. Any utility and mechanical components that must be below the BFE must be made watertight to that same elevation to meet the standards in Division 4 Section 7-37 (5).
(4) Require, until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A and AE on the City of Opelika FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(5) Accessory and Agricultural Structures – When an accessory structure meets the requirements outlined below, these structures may be wet-floodproofed and do not have to be elevated to one foot above the BFE as required in Division 4 Section 7-38 (1).
A permit shall be required prior to construction or installation of any accessory structures and any agricultural structures built below the DFE and the following provisions apply:
(a) Must be adequately anchored to prevent flotation, collapse, or lateral movement;
(b) Must be designed with an unfinished interior and constructed with flood damage-resistant materials below the DFE as described in Division 4 Section 7-38 (3);
(c) Must have adequate flood openings as described in Division 4 Section 7-38 (3);
(d) Must be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
(e) Must comply with the requirements for development in floodways in accordance with Division 4 Section 7-39;
(f) Must elevate any mechanical and other utility equipment in or servicing the structure to or above the DFE or must be floodproofed in accordance with Division 4 Section 7-37;
(g) Prohibit storage of any hazardous or toxic materials below the DFE.
(h) Permits for small accessory structures may be issued to provide wet floodproofing measures in accordance with the standards described in subsections (i) through (iv) below without requiring a variance. Before issuing permits for small accessory structures, the Floodplain Administrator must verify:
(i) Use is limited to parking of vehicles or storage;
(ii) Size is less than or equal to a one-story, two-car garage for all A zones;
(iii) Structures are a minimal investment and have a low damage potential with respect to the structure and contents;
(iv) Structures will not be used for human habitation;
(v) Structures comply with the wet floodproofing requirements in Division 4 Section 7-38 (3).
(i) Permits for accessory structures larger than the size allowed for in subsection (7)(h) above, shall require a variance to be granted on a case-by-case basis in accordance with Division 5 Section 7-46 (3). Variances shall not be granted for entire subdivisions for accessory structures.
(j) Permits for new construction of all agricultural structures shall require a variance to be granted on a case-by-case basis in accordance with Division 5 Section 7-46 (4).
(6) Underground and Aboveground Storage (Liquid and Gas) Tanks – Tanks and tank inlets, fill openings, outlets, and vents that are located below the DFE shall be designed, constructed, installed, and anchored to resist all flood-related loads (flotation, collapse, or lateral movement resulting from hydrostatic and hydrodynamic forces) and any other loads, including the effects of buoyancy, during flooding up to and including the 100-year flood and without release of contents into floodwaters or infiltration of floodwaters into the tanks.
(a) A permit that includes floodplain development shall be required prior to construction or installation of any underground and aboveground tanks (including their foundation and support systems) located within a special flood hazard area.
(b) Loads on underground tanks and aboveground tanks exposed to flooding shall be determined assuming at least 1.3 times the potential buoyant and other flood forces acting on the empty tank.
(c) Tanks and associated piping shall be installed to resist local scour and erosion during the 100-year flood.
(d) Aboveground tanks located in Zone A/AE flood hazard areas shall be either:
(i) Elevated to or above the DFE on platforms or structural fill,
(ii) Elevated to or above the DFE where attached to structures and the foundation system supporting the structures shall be designed to accommodate any increased loads resulting from the attached tanks,
(iii) Permitted below the DFE where the tank and its foundation are designed to resist all flood-related loads including floating debris, or
(iv) Permitted below the DFE where the tank and its foundation are designed to resist flood loads and are located inside a barrier designed to protect the tank from floating debris.
(e) Aboveground tanks located in areas designated as Zone V/VE, Coastal A-Zones, and other high risk flood hazard areas (see ASCE 24-14) shall be elevated to or above the DFE on platforms that conform to the foundation requirements of ASCE 24-14, Section 4.5. Aboveground tanks shall not be permitted to be located under elevated structures or attached to structures at elevations below one foot above the DFE in these areas.
(f) Underground tanks located in areas designated as Zone V/VE, Coastal A-Zones, and other high risk flood hazard areas (see ASCE 24-14) shall have the determination of flood-related loads take into consideration the eroded ground elevation.
(g) Tank inlets, fill openings, outlets, and vents shall be:
(i) At or above the DFE or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the 100-year flood.
(ii) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the 100-year flood.
(7) Structures and Sites for the Storage or Production of Hazardous Substances – Require that all outdoor storage sites, new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvements to be used for the production or storage of hazard substances (as defined in Division 6 Section 7-49) which are located in the special flood hazard area shall be built in accordance with all applicable standards in this Ordinance in addition to the following requirements:
(a) No structures containing hazardous substances shall be permitted for construction in a floodway;
(b) Residential structures shall have the area in which the hazard substances are to be stored elevated or dry floodproofed a minimum of two (2) feet above the BFE;
(c) Non-residential structures shall be permitted to be built below the BFE in accordance with Division 4 Section 7-38 (2) such that the area where the hazard substance production or storage is located will be:
(i) elevated or designed and constructed to remain completely dry to at least two (2) feet above the BFE, and
(ii) designed to prevent pollution from the storage containers, structure, or activity during the course of the base flood.
(d) Any solid, liquid, or gas storage containers of hazardous substances and any associated mechanical, electrical, and conveyance equipment shall be watertight and shall be properly anchored and protected from the hydrostatic and hydrodynamic forces of flood waters and debris carried by the base flood.
(e) It is prohibited for any outdoor storage sites, new construction and substantial improvements used for the production or storage of hazard substances (as defined in Division 6 Section 7-49) to be located within the SFHA.
(f) Construction of Fences – New and replacement fences may be allowed in flood hazard areas if they do not act as a flow boundary and redirect the direction of flow, collect flood debris and cause blockages, cause localized increases in flood levels, or if damaged, become debris that may cause damage to other structures.
SECTION 7-39 FLOODWAYS
Located within Special Flood Hazard Areas established in Division 2 Section 7-26, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area 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) The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any point;
(2) Encroachments, including fill, new construction, substantial improvements or other development are prohibited within the adopted regulatory floodway unless it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in BFEs during the occurrence of the base flood discharge. A registered professional engineer must provide supporting technical data and certification (No-Rise Certificate) to FEMA for the proposed floodway encroachment. The No-Rise Certificate must be submitted to the Floodplain Administrator with the development permit (including a Site Plan showing the current and proposed floodway alignment) for approval.
(3) ONLY if Division 4 Section 7-39 (1) and (2) are satisfied, then any new construction or substantial improvement in a floodway shall comply with all other applicable flood hazard reduction provisions of Article 4. After satisfying the required provisions stated in this section, encroachments in floodways should be limited to the following types of projects:
(a) flood control and stormwater management structures;
(b) road improvements and repairs;
(c) utility easements/rights-of-way; and
(d) public improvements or public structures for bridging over the floodway.
(4) Fencing shall be prohibited in floodways unless it is demonstrated that such development will not cause any increase in the BFE. Appropriate analysis and documentation shall be submitted along with the development permit for review and approval. Fences that have the potential to block or restrict the passage of floodwaters (by trapping debris or with openings too small to allow unhindered passage of water), such as stockade and wire mesh fences, shall meet the requirements of Division 4 Section 7-39 (2).
SECTION 7-40 BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS (APPROXIMATE A-ZONES)
Located within the SFHAs established in Division 2 Section 7-26 where streams exist but no base flood data have been provided (Approximate A-Zones), the following provisions apply:
(1) BFE data shall be provided for new subdivision proposals and other proposed development (including manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser.
(2) When BFE data or floodway data have not been provided in accordance with Division 2 Section 7-26 then the Floodplain Administrator shall obtain, review, and reasonably utilize any scientific or historic BFE and floodway data available from a Federal, State, or other source, in order to administer the provisions of Division 4. ONLY if data are not available from these sources, then Division 4 Section 7-40 (4) and (5) shall apply.
(3) All development in Zone A must meet the requirements of Division 4 Section 7-37 and Section 7-38 (1), (2), (3), (5), (6), (7), (8), (9), and (10).
(4) In SFHAs without BFE data, new construction and substantial improvements of existing structures shall have the lowest floor (for the lowest enclosed area; including basement) elevated no less than three (3) feet above the highest adjacent grade. As the requirements set forth in Division 4 Section 7-38 (1) and (2) stipulate the lowest floor to be elevated no less than two (2) foot about the BFE, then the structure for this condition shall be elevated no less than four (4) feet about the highest adjacent grade.
(5) In the absence of a BFE, a manufactured home must also meet the elevation requirements of Division 4 Section 7-38 (4)(b)(ii) – Section 7-38 (4)(b)(iv) in that the structure cannot be elevated above a maximum of 60 inches (5 feet) and all utilities and mechanical equipment must be elevated a minimum of three (3) feet above the highest adjacent grade.
(6) Enclosures for elevated buildings in Zone A areas shall comply with the standards of Division 4 Section 7-38 (3)(a). The Floodplain Administrator shall certify the lowest floor elevation level, and the record shall become a permanent part of the permit file.
SECTION 7-41 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
Special flood hazard areas established in Division 2 Section 7-26 may include designated “AO” shallow flooding areas. These areas have base flood depths of one to three feet (1’-3’) above ground, with no clearly defined channel. The following provisions apply:
(1) All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM) plus one foot of freeboard. If no depth number is specified, the lowest floor (including basement) shall be elevated at least three (3) feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Division 4 Section 7-38 (3).
The Floodplain Administrator shall certify the lowest floor elevation level, and the record shall become a permanent part of the permit file.
(2) New construction and the substantial improvement of a non-residential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified flood level in Division 4 Section 7-41 (1) or three (3) feet (if no depth number is specified), above 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. As the requirements set forth in Division 4 Section 7-38 (1) and2) stipulate the lowest floor to be elevated no less than two (2) foot about the BFE, then the structure for this condition shall be elevated no less than four (4) feet about the highest adjacent grade.
A professional engineer, who is licensed to practice in the State of Alabama, or licensed architect, who is registered in the State of Alabama, shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the official as set forth above and as required in Division 3 Section 7-35 (1) and (2).
(3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure.
SECTION 7-42 STANDARDS FOR SUBDIVISIONS
All subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include within the drawings, plans, and permits for such proposals the following:
(1) BFE data;
(2) Provisions to minimize flood damage;
(3) Public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(4) Adequate drainage provided to reduce exposure to flood hazards without negatively impacting adjacent properties;
(5) Preliminary plans for review and approval of the platted subdivision which identifies the Special Flood Hazard Area, floodway boundaries, the BFE, and other areas regulated by the community;
(6) Final subdivision plats that identify the boundary of the special flood hazard area, the floodway boundary, the BFEs, and any drainage easements to reduce the risk for flash flooding;
DIVISION 5
VARIANCES
SECTION 7-43 DESIGNATION OF VARIANCE AND APPEALS
BOARD
In reviewing requests for variance, the Construction Board of Adjustments & Appeals shall consider all technical evaluations, relevant factors, and standards specified in other sections of this Ordinance, and:
SECTION 7-44 DUTIES OF THE BOARD
The Board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this Ordinance. Any person aggrieved by the decision of the Construction Board of Adjustments & Appeals may appeal such decision to the Lee County Circuit Court, as provided in State of Alabama.
SECTION 7-45 CONDITIONS FOR VARIANCES
The provisions of this Ordinance are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(1) A variance may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of Division 5 Sections7-45 (3) and (4) and Division 5 Section 7-48 (1) and (2).
(2) In the instance of a Historic Structure, a determination is required that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
(3) A variance shall be issued ONLY when there is:
(a) A finding of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship (cannot be personal physical or financial hardship); and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(4) A variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall not be issued “after the fact.”
SECTION 7-46 VARIANCE PROCEDURES
In reviewing requests for variance, the Construction Board of Adjustments & Appeals shall consider all technical evaluations, relevant factors, and standards specified in other sections of this Ordinance, and:
(1) Certain facilities and structures must be located on or adjacent to water in order to perform their intended purpose which may result in practical and operational difficulties due to the physical characteristics of the property. Variances may be issued for development necessary for conducting of a functionally dependent use, provided the criteria of this Article are met, no reasonable alternative exists, the development is protected by methods that minimize flood damage during the base flood, and it creates no additional threats to public safety.
(2) Variances shall not be issued within any designated floodway if ANY increase in flood levels during the base flood discharge would result.
(3) Variances may be issued for the construction or substantial improvement of accessory structures provided it has been determined that the proposed structure:
(a) Represents minimal investment and has low damage potential (amount of physical damage, contents damage, and loss of function).
(b) Is larger than the size limits specified in Division 4 Section 7-38 (7)(i).
(c) Complies with the wet floodproofing construction requirements of Division 4 Section 7-38 (3).
(4) Variances may be issued for the construction or substantial improvement of agricultural structures provided it has been determined that the proposed structure:
(a) Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
(b) Has low damage potential (amount of physical damage, contents damage, and loss of function).
(c) Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.
(d) Is an aquaculture structure that is dependent on proximity to water if located in a coastal high-hazard area (Zones V, VE, V1 30, and VO).
(e) Complies with the wet floodproofing construction requirements of Division 4 Section 7-38 (3).
(5) The evaluation must be based on the characteristics unique to that property and not be shared by adjacent parcels. The characteristics must pertain to the land itself, not to the structure, its inhabitants, or its owners.
(6) Variances should never be granted for multiple lots, phases of subdivisions, or entire subdivisions.
(7) Careful consideration and evaluation should be given to the following factors:
(a) The danger of life and property due to flooding or erosion damage including materials that may be swept onto other lands to the injury of others.
(b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and the community.
(c)The safety of access to the property during flood conditions for daily traffic and emergency vehicles.
(d)The importance of the services provided by the proposed facility to the community.
(e)The necessity of the facility to be at a waterfront location, where applicable.
(f) The compatibility of the proposed use with existing and anticipated development based on the community’s comprehensive plan for that area.
(g) If applicable, the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action expected at the site.
(h) The costs associated with providing governmental services to the development during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and community infrastructure such as streets, bridges, and culverts.
Upon consideration of factors listed above, and the purpose of this Ordinance, the Construction Board of Adjustments & Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.
SECTION 7-47 VARIANCES FOR HISTORIC STRUCTURES
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 is the minimum to preserve the historic character and design of the structure.
SECTION 7-48 VARIANCE NOTIFICATION AND RECORDS
(1) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that specifies the difference between the BFE and the elevation of the proposed lowest floor and stating that the issuance of such a variance could:
(a) result in flood insurance rate increases in the hundreds and possibly thousands of dollars annually depending on structure and site-specific conditions; and
(b) increase the risk to life and property resulting from construction below the base flood level.
(2) The Floodplain Administrator shall maintain a record of all variance actions and appeal actions, including justification for their issuance. Report any variances to the Federal Emergency Management Agency Region 4 and the Alabama Department of Economic and Community Affairs/Office of Water Resources upon request.
A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the City Clerk of the City of Opelika and shall be recorded in a manner so that it appears in the chain of title (i.e., deed) of the affected parcel of land.
DIVISION 6 DEFINITIONS
SECTION 7-49 DEFINITIONS
Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application.
A Zone means the special flood hazard areas on a FIRM without base flood elevations determined.
Administrator means the Administrator of the Federal Emergency Management Agency (FEMA).
Accessory Structure (also referred to as Appurtenant Structures) means a structure which is located on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. Detached garages and small sheds used for limited storage are considered accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings. An accessory structure specifically excludes structures used for human habitation.
Addition (to an Existing Building) means any improvement that increases the square footage of a structure. These include lateral additions added to the front, side, or rear of a structure, vertical additions added on top of a structure, and enclosures added underneath a structure. NFIP regulations for new construction apply to any addition that is considered a substantial improvement to a structure.
AE Zone means the special flood hazard areas on a FIRM with base flood elevations determined.
Agricultural Structure means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Aquaculture structures are included within this definition. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
AH Zone means area of special food hazards on a FIRM having shallow water depths and/or unpredictable flow paths between one (1) and three (3) feet, and with water surface elevations determined.
AO Zone means an area of special flood hazards on a FIRM having shallow water depths and /or unpredictable flow paths between one (1) and three (3) feet.
Appeal means a request for a review of the Construction Board of Adjustments & Appeals interpretation of any provision of this Ordinance.
Appurtenant Structure (see definition for Accessory Structure)
Area of Shallow Flooding means a designated AO, AH, AR/AO, AR/AH or VO zone on a community’s FIRM with a 1 percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard (see definition for Special Flood Hazard Area)
Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “one percent chance flood”).
Base Flood Elevation (BFE) means the elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the FIRM for zones AE, AH, A1–A30, AR, AR/A, AR/AE, AR/A1– A30, AR/AH, AR/AO, V1–V30 and VE. It is the regulatory requirement for the elevation of flood proofing of structures. The relationship between the BFE and a structure’s elevation determines the flood insurance premium.
Basement means any portion of a building having its floor sub grade (below ground level) on all sides.
Building (also see Structure) means a structure with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site; a manufactured home or a mobile home without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain management and building ordinances or laws. “Building” does not mean a gas or liquid storage tank or a recreational vehicle, park trailer or other similar vehicle.
Community means any State or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or authorized native organization, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
Design Flood Elevation (DFE) means the locally adopted regulatory flood elevation. It is the minimum elevation to which a structure must be elevated or floodproofed. DFE is the sum of the base flood elevation and freeboard, based a building’s structural category. In areas designated as Zone AO on a community’s flood map, the DFE is the elevation of the highest existing grade of a building’s perimeter plus the depth number specified on the flood hazard map. In areas designated as Zone AO where a depth is not specified on the map, the depth is two feet. In all cases, the DFE must be at least as high as the base flood elevation.
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, drilling operations, or storage of equipment or materials.
Elevated Building means, for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, pilings, posts, columns, piers, or shear walls.
Elevation Certificate means a FEMA form used as an administrative tool of the NFIP to provide building elevation information necessary to ensure compliance with community floodplain management ordinances, to inform the proper insurance premium, and to support a request for a LOMA, CLOMA, LOMR-F, or CLOMR-F.
Encroachment means activities or construction within the floodway including fill, new construction, substantial improvements, and other development.
Existing Construction means, for the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures”.
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 the effective date of the original floodplain management regulations adopted by the community.
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.
Fair Market Value means the price that the seller is willing to accept, and the buyer is to pay on the open market and in an arm’s length transaction.
Flood or Flooding means:
a. A general and temporary condition of partial or complete inundation of normally dry land areas from:
i. The overflow of inland or tidal waters.
ii. The unusual and rapid accumulation or runoff of surface waters from any source.
iii. Mudslides which are proximately caused by flooding as described in part “b.” of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually highwater level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph “a” of this definition.
Flood Damage-Resistant Material means any building product capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage. Prolonged contact is defined as at least 72 hours. Significant damage is any damage requiring more than low-cost cosmetic repair (such as painting).
Flood Elevation Determination means a determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.
Flood Elevation Study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (see Flood Elevation Study)
Floodplain (or Flood-Prone Area) means any land area susceptible to being inundated by water from any source (see definition of Flooding).
Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
Floodplain Management Regulations means this Ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as those for floodplain management, stormwater management, watershed management, grading/ earthwork, and erosion control), and other applications of police power. This term describes state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.
Floodway (see definition for Regulatory Floodway)
Floodway Fringe (or Flood Fringe) means the portion of the Special Flood Hazard Area outside of the floodway, which experiences shallower, lower-velocity floodwater than in the floodway. It serves as a temporary floodwater storage area during a flood.
Floodway Encroachment Lines mean the lines marking the limits of floodways on Federal, State and local flood plain maps.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
Functionally Dependent Use means a means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Hazardous Substance (or Material) means any substance or material that, when involved in an accident and released in sufficient quantities, poses a risk to people’s health, safety, and/or property. These substances and materials include explosives, radioactive materials, flammable liquids or solids, combustible liquids or solids, poisons, oxidizers, toxins, and corrosive materials. It includes any substance defined as a hazardous substance pursuant to 42 U.S.C. §9601(14) or listed as a hazardous waste pursuant to the Hazardous Wastes Management Act, Section 22-30-1 et seq. and the regulations promulgated thereunder.
Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Historic Structure means any structure that is:
a. 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:
b. 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:
c. 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
d. Individually listed on a local inventory of historic places and determined as eligible by 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.
Increased Cost of Compliance (ICC) means a claim under a standard NFIP flood insurance policy, available to flood insurance policyholders who need additional funding to rebuild after a flood. It provides up to $30,000 to help cover the increased cost of mitigation measures to bring a building into compliance with the latest state or local floodplain management ordinances. Acceptable mitigation measures are elevation, floodproofing, relocation, and demolition, or any combination of these measures.
Letter of Map Change (LOMC) is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC’s are broken down into the following categories:
a. Letter of Map Amendment (LOMA)
An amendment based on technical data showing that a property was incorrectly included in a designated SFHA, was not elevated by fill (only by a natural grade elevation), and will not be inundated by the one percent chance flood. A LOMA amends the current effective FIRM and establishes that a specific property is not located in a SFHA.
b. Letter of Map Revision (LOMR)
A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the BFE and is, therefore, excluded from the SFHA.
c. Conditional Letter of Map Revision (CLOMR)
A formal review and comment by FEMA as to whether a proposed project complies with the minimum NFIP floodplain management criteria. A CLOMR does not revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
Lowest Adjacent Grade means the lowest elevation of the natural or regraded ground surface, or structural fill (or concrete slab or pavement), at the location of a structure.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Ordinance. This definition applies even when the floor below ground level is not enclosed by full-height walls.
Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.
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.
Market Value (see definition for Fair Market Value)
Mean Sea Level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
Mixed Use Building means a building that has both residential and non-residential uses.
National Flood Insurance Program (NFIP) is a federal program created by the United States Congress in 1968 to identify flood-prone areas nationwide and make flood insurance available for properties in participating communities. Communities must enact and enforce floodplain management regulations that meet or exceed the criteria established by FEMA in order to participate in the program. This program requires properties within the floodplain with a federally backed or regulated mortgage, or those that receive federal housing subsidies, to buy flood insurance.
National Geodetic Vertical Datum (NGVD) of 1929 means a national standard reference datum for elevations, formerly referred to as Mean Sea Level (MSL) of 1929. NGVD 1929 may be used as the reference datum on some Flood Insurance Rate Maps (FIRMs).
New Construction means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
An existing building is considered to be new construction if it is substantially improved or once it has been repaired after being substantially damaged/improved.
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 September 16, 1981.
Non-Residential Building means, a commercial or mixed-use building where the primary use is commercial or non-habitational.
Non-residential Property means either a non-residential building, the contents within a non-residential building, or both.
North American Vertical Datum (NAVD) of 1988 means the vertical control datum established for vertical control surveying in the Unites States of America based upon the General Adjustment of the North American Datum of 1988. It replaces the National Geodetic Vertical Datum (NGVD) of 1929. Used by FEMA in many recent Flood Insurance Studies as the basis for measuring flood, ground, and structural elevations.
Post-FIRM means, for floodplain management purposes, a post-FIRM building is one for which construction began after the effective date of a community’s NFIP-compliant floodplain management ordinance. For the purpose of determining flood insurance rates under the NFIP, a post-FIRM building is a building for which construction began on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, including any subsequent improvements to such structures.
Pre-FIRM means, for floodplain management purposes, a building for which the start of construction occurred before the effective date of the community’s NFIP-compliant floodplain management ordinance. For the purpose of determining flood insurance rates under the NFIP, a pre-FIRM building is a building for which construction began prior to the effective date of an initial Flood Insurance Rate Map or on or before December 31, 1974, whichever is later.
Recreational Vehicle means a vehicle which is:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by a light duty truck; and
d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regular Program means the Program authorized by the Act under which risk premium rates are required for the first half of available coverage (also known as “first layer” coverage) for all new construction and substantial improvements started on or after the effective date of the FIRM, or after December 31, 1974, for FIRM’s effective on or before that date. All buildings, the construction of which started before the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date, are eligible for first layer coverage at either subsidized rates or risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates are always required for the second layer coverage and such coverage is offered only after the Administrator has completed a risk study for the community.
Regulatory 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 a designated height.
Remedy a Violation means to bring the structures or other development into full or partial compliance with State or local regulations or, if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provision of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.
Repetitive Loss Agricultural Structure means an agricultural structure covered by a NFIP contract for flood insurance that has incurred flood-related damage on two (2) separate occasions in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event.
Repetitive Loss Property means any NFIP-insured single family or multi-family residential building for which two or more claims of more than $1,000 were paid by the NFIP within any rolling 10-year period, since 1978. A repetitive loss property may or may not be currently insured by the NFIP.
Residential Building means a non-commercial building designed for habitation by one or more families or a mixed-use building that qualifies as a single-family, two-to-four family, or other residential building.
Residential Property means either a residential building or the contents within a residential building, or both.
Riverine means floodplain relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Riverine floodplains have readily identifiable channels.
Section 1316 means Section 1316 of the National Flood Insurance Act of 1968, as amended, which provides for the denial of flood insurance coverage for any property which the Administrator finds has been declared by a duly constituted State or local authority to be in violation of State or local floodplain management regulations. Once a duly constituted State or local authority declares a structure as being in violation, the Administrator must deny flood insurance coverage provided that the individual or office making the declaration has the authority to do so and that the law or regulations violated was, in fact, intended to discourage or otherwise restrict land development or occupancy in the flood-prone area.
Section 1316 was intended for use primarily as a backup for local enforcement actions (i.e., if a community could not force compliance through the enforcement mechanisms in its regulations, it could use Section 1316 as additional leverage) and was not intended merely as a mechanism to remove bad risks from the policy base. Section 1316 will only be implemented in instances where States or communities submit declarations specifically for that purpose.
Severe Repetitive Loss Structure means a single family property (consisting of 1 to 4 residences) that is covered under flood insurance by the NFIP and has incurred flood-related damage for which 4 or more separate claims payments have been paid under flood insurance coverage, with the amount of each claim payment exceeding $5,000 and with cumulative amount of such claims payments exceeding $20,000; or for which at least 2 separate claims payments have been made with the cumulative amount of such claims exceeding the reported value of the property.
Sheet Flow Area (see definition for Area of Shallow Flooding)
Single-family Dwelling means either (a) a residential single-family building in which the total floor area devoted to non-residential uses is less than 50 percent of the building’s total floor area, or (b) a single-family residential unit within a two-to-four family building, other-residential building, business, or non-residential building, in which commercial uses within the unit are limited to less than 50 percent of the unit’s total floor area.
Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year as shown on a FHBM or FIRM as Zones A, AE, AH, AO, AR, AR/AE, AR/AO, AR/AH, AR/A, A99, or VE. The SFHA is the area where the National Flood Insurance Program’s (NFIP’s) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies.
Start of Construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)) means the date the development or building permit was issued (includes substantial improvement), 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 the 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, and includes the placement of a manufactured home on a foundation.
“Permanent construction” does not include initial 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 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 building, whether or not that alteration affects the external dimensions of the building.
Structure means, for floodplain management purposes, a walled and roofed building, including a liquid or gas storage tank, that is principally above ground, as well as a manufactured home. The terms “structure” and “building” are interchangeable in the NFIP. For insurance purposes, structure means:
(1) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
(2) A manufactured home (“a manufactured home,” also known as a mobile home, is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or
(3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain management and building ordinances or laws.
For the latter purpose, “structure” does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.
Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to it before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or;
b. Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.
Variance means a grant of relief by the (Community name) from the terms of a floodplain management regulation.
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 certifications, or other evidence of compliance required in the Code of Federal Regulations (CFR) §44, Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
Watercourse means only the channel and banks of an identifiable watercourse and not the adjoining floodplain areas. The flood carrying capacity of a watercourse refers to the flood carrying capacity of the channel.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Wet floodproofing means a method of construction that involves modifying a building to allow floodwaters to enter it in order to minimize damage to the building, using flood damage-resistant materials below the DFE throughout the building, raising utilities and important contents to or above the DFE, installing and configuring electrical and mechanical systems to minimize disruptions and facilitate repairs, installing flood openings or other methods to equalize the hydrostatic pressure exerted by floodwaters, and, where required, installing pumps to gradually remove floodwater from basement areas after the flood.
Wet floodproofing shall not be utilized as a method to satisfy the requirements of this Ordinance for bringing substantially damaged or improved structures into compliance. Wet floodproofing is not allowed in lieu of complying with the lowest floor elevation requirements for new residential buildings.
X Zones (shaded) means the areas on a FIRM subject to inundation by the flood that has a 0.2-percent chance of being equaled or exceeded during any given year, often referred to the as 500-year flood.
X Zones (unshaded) designates areas on a FIRM where the annual probability of flooding is less than 0.2 percent.
Zone of Imminent Collapse means an area subject to erosion adjacent to the shoreline of an ocean, bay, or lake and within a distance equal to 10 feet plus 5 times the average annual long-term erosion rate for the site, measured from the reference feature.
DIVISION 7
LEGAL STATUS PROVISIONS
SECTION 7-50 SEVERABILITY
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.
SECTION 7-51 ENFORCEABILITY OF ORDINANCE AND FUTURE REVISIONS
The provisions within this Ordinance must be legally enforceable; applied uniformly throughout the community to all privately and publicly owned land within any regulated flood hazard areas; meet the minimum standards set forth in §60.3 of the Code of Federal Regulations Title 44; and the community must provide that the provisions of this Ordinance take precedence over any less restrictive conflicting local laws, ordinances, or codes.
If the City of Opelika repeals its floodplain management regulations, allows its regulations to lapse, or amends its regulations so that they no longer meet the minimum requirements set forth in §60.3 of the Code of Federal Regulations Title 44, it shall be suspended from the National Flood Insurance Program (NFIP). The community eligibility shall remain terminated after suspension until copies of adequate floodplain management regulations have been received and approved by the Federal Insurance Administrator. To avoid such occurrences, the City of Opelika will coordinate with the Alabama NFIP State Coordinator and FEMA Regional Office prior to any revisions to this Ordinance. Without prior approval of the Federal Insurance Administrator, the community shall not adopt and enforce revised floodplain management regulations.
From time-to-time Part 60 of the Code of Federal Regulations Title 44 may be revised to advance flood risk reduction measures as experience is acquired under the NFIP and new information becomes available. The City of Opelika agrees to revise its floodplain management Ordinance to comply with any such changes within six months from the effective date of any new federal regulation.
Section 2. Severability Clause. The provisions of this ordinance are severable. If any section, subsection, paragraph, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall not affect the validity of the remaining sections, subsections, paragraphs, clauses, sentences or phrases of this ordinance.
Section 3. Repealer Clause. The provisions of this Ordinance are to be cumulative of all other ordinances or parts of ordinances governing or regulating the subject matter as covered herein, provided, however, that all prior ordinances or parts of ordinances inconsistent with or in conflict with any of the provisions of this Ordinance are hereby expressly repealed to the extent of any such inconsistency or conflict. Ordinance No. 131-17 is hereby repealed.
Section 4. Effective Date. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 5. Publication. The City Clerk of the City of Opelika is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
Section 6. Codification. Codification of this Ordinance in the Code of Ordinances of the City of Opelika is hereby authorized and directed.
ADOPTED AND APPROVED this the 7th day of January, 2025.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR on this the 8th day of January, 2025.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 8th day of January, 2025.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
Legal Run 01/30/2025
