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<br />1 <br /> <br /> <br />1 <br />C <br /> <br /> <br /> <br />n <br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />11. Cantilevered portions of structures, provided that foundation and supports are located <br />outside the floodway and non-encroachment area and the underside of the cantilevered <br />portion is at least two feet above base flood elevation. <br />e. Prohibited uses. Storage or processing of materials that are flammable, corrosive, toxic, or <br />explosive, or which could otherwise be injurious to human, animal or plant life in time of <br />flood is prohibited in the floodway and non-encroachment area. <br />(9) Floodway and non-encroachment area fringe permitted uses. The following uses shall be <br />permitted within the floodway and non-encroachment area fringe to the extent that they are <br />otherwise permitted by this article and the zoning ordinance. <br />a. Uses permitted below flood protection elevation: <br />1. Any use as permitted and regulated in the floodway and non-encroachment area. <br />2. Fill material graded to drain, provided such is protected against erosion. Any fill material <br />on which a structure is to be located shall be extended at grade ten feet beyond the limits of <br />the structure foundation, and shall have a side slope no steeper than two feet horizontal to one <br />foot vertical. <br />All material used as fill within the floodway and non-encroachment area fringe must be <br />derived from adjacent floodway and non-encroachment area fringe and the same deeded <br />parcel as that area being filled. The net result of borrow and fill within the floodway and non- <br />encroachment area fringe area shall constitute no net loss to the flood storage capacity of the <br />floodway and non-encroachment area fringe. A professional engineer must certify that no net <br />loss of storage will occur as a result of the fill activity. <br />3. Structure foundations and supports, provided such are firmly anchored to prevent flotation. <br />b. Uses permitted above flood protection elevation: <br />1. Any residential or nonresidential use permitted by this article and the zoning ordinance <br />provided that the lowest flood elevation of any structure is located two feet or more above <br />base flood elevation. Heating and electrical equipment installed below flood protection <br />elevation shall be flood-proofed. <br />2. Any nonresidential use permitted by this article and the zoning ordinance provided that all <br />portions of the structure are elevated or flood-proofed, as provided in this division, to an <br />elevation at least two feet above base flood elevation. <br />3. Heating and electrical equipment installed below flood protection elevation shall be flood- <br />proofed. Nonresidential structures may floodproof this equipment if placed below the base <br />flood elevation, but the floodproofing must be certified by a professional engineer or <br />architect registered in North Carolina. <br />(c) Prohibited uses. Uses that are prohibited below the flood protection elevation are the <br />storage or processing of materials that are flammable, corrosive, toxic, or explosive or which <br />could otherwise be injurious to human, animal or plant life in time of flood. <br />(Ord. of 2-16-87, art. 5, § B; Ord. of 10-17-94, art. 5, § B; Ord. No. 1998-10, 6-15-98) <br />Sec. 38-78. Standards for streams without established base flood elevations and/or floodway <br />and non-encroachment areas. <br />Located within the areas of special flood hazard established in section 38-32, are small <br />streams where no base flood data has been provided or where no floodway and non- <br />encroachment areas have been identified. The following provisions apply within such areas: <br />(1) No encroachments, including fill, new construction, substantial improvements of new <br />development or new development shall be permitted within a distance of the stream bank <br />equal to the setback established by the Coastal Area Management Act (CAMA) regulations. <br />Where no setback is established by CAMA regulations, the area of no encroachment shall be <br />20 feet each side from top of bank, unless certification with supporting technical data by a <br />Item# 11 <br />Attachment number 2 <br />!7 7 <br />Page 126 of 185 <br />