HomeMy WebLinkAboutO-21-04 Definition for Accessory StructureORDINANCE NO. 0-21-04
AN ORDINANCE BY THE CITY OF SEBASTIAN, FLORIDA AMENDING
THE CODE OF ORDINANCES CHAPTER 46 FLOODS TO AMEND
DIVISION 1 — GENERALLY; TO ADD DIVISION 2 - DEFINITIONS FOR
ACCESSORY STRUCTURE, AND MARKET VALUE; TO DELETE DIVISION
2 - DEFINITION FOR MANUFACTURED HOME PARK; TO PROVIDE FOR
ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; SPECIFY
ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREAS;
PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safely, and general welfare of its citizenry; and
WHEREAS, the City of Sebastian participates in the National Flood Insurance Program
(NFIP) and participates in the NFIP's Community Rating System, a voluntary incentive program
that recognizes and encourages community floodplain management activities that exceed the
minimum program requirements; and
WHEREAS, the City of Sebastian achieved a Community Rating System (CRS) rating of
Class 7 (CRS rating of Class 6 effective October 1, 2021), making citizens who purchase NFIP
flood insurance policies eligible for premium discounts; and
WHEREAS, in 2020 the NFIP CRS established certain minimum prerequisites for
communities to qualify for or maintain class ratings of Class 8 or better; and
WHEREAS, to satisfy the prerequisite and for the City of Sebastian to maintain the
current CRS rating, all manufactured homes installed or replaced in special flood hazard areas
must be elevated such that the lowest floors are at or above at least the base flood elevation
plus 1 foot, which necessitates modification of the existing requirements; and
WHEREAS, the City of Sebastian determined that it is in the public interest to amend the
floodplain management regulations to better protect owners and occupants of manufactured
homes and to continue participating in the Community Rating System at the current class rating;
and
WHEREAS, the Federal Emergency Management Agency (FEMA) released FEMA
Policy #104-008-03 Floodplain Management Requirements for Agricultural Structures and
Accessory structures; and
WHEREAS, the City of Sebastian has determined it appropriate to adopt regulations that
are consistent with the FEMA Policy to allow issuance of permits for wet flood proofed
accessory structures that are not larger than the sizes specked in the FEMA Policy.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sebastian that
the Code of Ordinances Chapter 46 Floods is amended as set forth in the following
amendments, as shown in Section 2.
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. AMENDMENTS.
The Code of Ordinances Chapter 46 Floods is hereby amended by the following amendments:
ARTICLE It. - DEFINITIONS
DIVISION 1. - GENERALLY
Sec. 46-44. — Scope; terms defined in the Florida Building Code; terms not defined.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
chapter, have the meanings shown in this section. Where terms are not defined in this chapter
and are defined in the Florida Building Code, such terms shall have the meanings ascribed to
them in the Florida Building Code. Where terms are not defined in this chapter or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
DIVISION 2. - DEFINITIONS
[Sec. 46-45. - Definitions.]
[The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:]
Accessory structure. A structure on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For floodplain
management purposes, the term includes only accessory structures used for parking
and storage.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross -sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the floodplain administrator's interpretation of any provision of
this chapter.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.1 The base flood is commonly referred to as the "100-
year flood' or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B. Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.1
Coastal construction control line. The line established by the Stale of Florida pursuant to F.S. §
161.053, and recorded in the official records of the community, which defines that portion of the
beach -dune system subject to severe fluctuations based on a 100-year storm surge, storm
waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit
of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. Coastal high hazard areas are also referred to as "high
hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood
Insurance Rate Maps (FIRM) as Zone V1—V30, VE, or V.
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to the
datum specified on the community's legally designated flood hazard map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number (in feet) specked on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to two feet. [Also defined in FBC, B, Section 1612.2.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development Into a flood hazard area which may impede or alter the flow capacity of dverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before April 9, 1980. [Also defined in FBC, B, Section 1612.2.]
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 1612.2.)
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage -resistant materials. Any construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain administrator. The office or position designated and charged with the administration
and enforcement of this chapter (may be referred to as the floodplain manager).
Floodplain development permit or approval. An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this chapter.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction
next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as -built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light -duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off -highway operation and use.
Lowest Floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood -resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure in violation of the non -elevation requirements
of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight feet or
more in width and greater than 400 square feet, and which is built on a permanent, integral
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" or
"park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value. The value of buildings and structures, excluding the land and other improvements
on the parcel. Market value is the Actual Cash Value (like -kind replacement cost depreciated
for age, wear and tear, neglect, and quality of construction) determined by a qualified
independent appraiser, or tax assessment value adjusted to approximate market value by a
factor provided by the Property Appraiser.
New construction. For the purposes of administration of this chapter and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after April 9, 1980 and includes any subsequent improvements
to such structures.
Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built
on a single chassis and is designed to provide seasonal or temporary living quarters when
connected to utilities necessary for operation of installed fixtures and appliances. [Defined in
section 320.01, F.S.]
Recreational vehicle.'A vehicle, including a park trailer, which is: [Defined in F.S. § 320.01(b).]
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light -duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1-percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AD,
Al—A30, AE, Agg, AH, VI—V30, VE or V. [Also defined in FBC, B, Section 1612.2.1
Start of construction. The date of issuance of permits for new construction and substantial
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within 180 days of the date of the issuance. The
actual start of construction means either the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slab or footings, the
installation of piles, or the construction of columns. Permanent construction does not include
land preparation (such as clearing, grading, or filling), the installation of streets or walkways,
excavation for a basement, footings, piers, or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not occupied as dwelling units
or not part of the main buildings. 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. [Also
defined in FBC, B, Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost
of restoring the building or structure to its before -damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B, Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
include either: [Also defined in FBC, B, Section 1612.2.]
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this chapter, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this chapter or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
ARTICLE Ill. - FLOOD RESISTANT DEVELOPMENT
DIVISION 1. - BUILDINGS AND STRUCTURES
Sec. 46-46. - Design and construction of buildings, structures and facilities exempt from the
Florida Building Code.
Pursuant to section 46-23(1) of this chapter, buildings, structures, and facilities that are exempt
from the Florida Building Code, including substantial improvement or repair of substantial
damage of such buildings, structures and facilities, shall be designed and constructed in
accordance with the flood load and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Article III, Division 7 of this chapter.
Sec. 46-47. - Buildings and structures seaward of the coastal construction control line.
If extending, in whole or in part, seaward of the coastal construction control line and also
located, in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building, Section 3109
and Section 1612 or Florida Building Code, Residential, Section R322.
(2) Minor structures and non -habitable major structures as defined in § 161.54, F.S., shall
be designed and constructed to comply with the intent and applicable provisions of this
chapter and ASCE 24.
Sec, 46-48. - Accessory structures are permitted below the base flood elevation provided the
accessory structures are used only for parking or storage and:
(1) If located in special flood hazard areas (Zone A/AE) other than coastal high
hazard areas, are one-story and not larger than 600 sq. ft. and have flood openings
in accordance with Section R322.2 of the Florida Building Code, Residential.
(2) If located in coastal high hazard areas (Zone V/VE), are not located below
elevated buildings and are not larger than 100 sq. ft.
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood
loads.
(4) Have flood damage -resistant materials used below the base flood elevation plus
one (1) foot.
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures,
elevated to or above the base flood elevation plus one (1) foot.
DIVISION 4. - MANUFACTURED HOMES
Sec. 46-57. - General.
All manufactured homes installed in flood hazard areas shall be installed by an installer that is
licensed pursuant to F.S. § 320.8249 and shall comply with the requirements of Chapter 15C-1,
F.A.C. and the requirements of this chapter. If located seaward of the coastal construction
control line, all manufactured homes shall comply with the more restrictive of the applicable
requirements.
Sec. 46-58. - Foundations.
All new manufactured homes and replacement manufactured homes installed in flood hazard
areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazards areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential,
Section R322.2 and this chapter.
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential, Section R322.3 and this chapter.
(3) If subject to section 46-60(2), foundations are permitted to be reinforced piers or other
foundation elements of at least equivalent strength.
Sec. 46-59. - Anchoring.
All new manufactured homes and replacement manufactured homes shall be installed using
methods and practices which minimize flood damage and shall be securely anchored to an
adequately anchored foundation system to resist flotation, collapse or lateral movement.
Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground
anchors. This anchoring requirement is in addition to applicable state and local anchoring
requirements for wind resistance.
Sec. 46-60. - Elevation.
All manufactured homes that are placed, replaced, or substantially improved in flood hazard
areas shall be elevated such that the bottom of the frame is at or above the elevation required,
as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2
(Zone A) or Section R322.3 (Zone V and Coastal A Zone).
Sec. 46-61. - Enclosures.
Enclosed areas below elevated manufactured homes shall comply with the requirements of the
Florida Building Code, Residential, Section R322 for such enclosed areas, as applicable to the
flood hazard area.
Sec. 46-62. - Utility equipment.
Utility equipment that serves manufactured homes, including electric, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities, shall comply with the
requirements of the Florida Building Code, Residential, Section R322.2 or R322.3, as applicable
to the flood hazard area.
SECTION 3. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance
shall apply in the City of Sebastian. This ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals, submitted on or
after the effective date of this ordinance.
SECTION 4. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
Sebastian City Council that the provisions of this ordinance shall become and be made a part of
the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
SECTIONS. SEVERABILITY. In the event a court of competent jurisdiction shall determine
that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected
and it shall be presumed that the City Council of the City of Sebastian did not intend to enact
such invalid provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
SECTION 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 7. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
SECTION S. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City
Council.
The foregoing Ordinance was moved for adoption by Councilmember .Tanec .The
motion was seconded by Councilmember mPartlan and, upon being put to a vote,
the vote was as follows:
Mayor Ed Dodd
aye
Vice -mayor Jim Hill
absent
Councilmember Christopher Nunn
aye
Councilmember Fred Jones
aye
Councilmember Bob McPartlan
aye
The Mayor thereupon declared this Ordinance duly passed and adopted on this 12" day of May,
2021.
ATTEST:
J anette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
By: /_ /t
Ed Dod , ayor
Approved as to form and legality for
reliance by the City ebastian
My
M n on, Jr., ItyAttorney