HomeMy WebLinkAboutArticle XIIIChapter III: Performance Criteria
Article XM: Flood Protection
ARTICLE XIII: FLOOD PROTECTION
SECTION 54-3-13.1 GENERAL
The flood hazard areas of the city 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 protection and relief, and impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood
heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to
other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages.
SECTION 54-3-13.2 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:
A. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion
hazards, or which result in damaging increases in erosion or. in flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial construction;
C Control the alteration of natural floodplains, stream channels, and natural protective barriers which are
f involved in the accommodation of floodwaters;
D. Control filling, grading, dredging and other development which may increase erosion or flood damage;
and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which
may increase flood hazards to other lands.
SECTION 54-3-13.3. OBJECTIVES.
The objectives of this article are to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the
expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water, sewer and gas mains, electric, telephone
and cable television lines, streets and bridges located in floodplains;
F. Help maintain a stable tax base by providing for the sound use and development of floodprone areas in
such a manner as to minimize flood blight areas; and
G. Ensure that potential home buyers are notified that property is in a flood area.
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Chapter III: Performance Criteria Article XIII: Flood Protection
SECTION 54-3-13.4 BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood hazard
boundary map (FHBM) No. 1201123 0076 E, dated May 4, 1989, and any revisions thereto, are adopted by
reference and declared to be a part of this article; or the areas of special flood hazard identified by the Federal
Insurance Administration through a scientific and engineering report entitled "The Flood Insurance Study for the
City of Sebastian," dated October 1979, with accompanying flood insurance rate maps and flood boundary and
floodway maps and any revision thereto are hereby adopted by reference and declared to be part of this article.
SECTION 54-3-13.5 COMPLIANCE.
No structure or land shall hereafter be located, extended, converted or structurally altered without full
compliance with the terms of this article and other applicable regulations.
Section 54-3-13.6 ABROGATION AD GREATER RESTRICTIONS.
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION 54-3-13.7. 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 54-3-13.8. 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 on rare occasions. Flood
heights may be increased by manmade or natural causes. This article 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 or by an officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision lawfully made thereunder.
SECTION 54-3-13.9. 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 of the second degree. Any person who violates this article or fails to comply with any
of its requirements shall, upon conviction thereof, be punished as provided in Section 1-10 of the Code of
Ordinances. Each day such violation continues shall be considered a separate offense. Nothing herein contained
shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 54-3-13.10. DESIGNATION OF ADMINISTRATOR.
The Building Official is hereby appointed to administer and implement the provisions of this article.
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Chapter III: Performance Criteria Article XIII: FIood Protection
SECTION 54-3-13.11. DUTIES AND RESPONSIBILITIES OF BUILDING OFFICIAL.
/10�' A. Duties of the Building Official shall include, but not be limited to:
1. Reviewing all development permits to assure that the permit requirements of this article have
been satisfied.
2. Advising the permittee that additional federal or state permits may be required, and if specific
federal or state permit requirements are known, requiring that copies of such permits be
provided and maintained on file with the development permit.
3. Notifying the Board of County Commissioners and the State Department of Community Affairs
prior to any alteration or relocation of a watercourse, and submitting evidence of such
notification to the Federal Emergency Management Agency.
4. Assuring that maintenance is provided within the altered or relocated portion of the watercourse
so that the flood -carrying capacity is maintained.
5. Verifying and recording the actual elevation, in relation to mean sea level, of the lowest floor,
including basement, of all new or substantially improved.
6. Verifying and recording the actual elevation, in relation to mean sea level, to which the new or
substantially improved structures have been floodproofed.
7. For coastal hazard areas, obtaining certification from a registered professional engineer or
architect that the structure is designed to be securely anchored to adequately anchored pilings or
columns in order to withstand velocity waters and hurricane wave wash.
8. When floodproofing is utilized for a particular structure, the Building Official shall obtain
certification from a registered professional engineer or architect.
9. Where interpretation is needed as to the exact location of boundaries of the areas of special
flood hazard (for example, where there appears to be a conflict between a mapped boundary and
actual field conditions) the Building Official shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in this article.
10. When base flood elevation data or floodway data have not been provided, then the Building
Official shall obtain, review and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source, in order to administer the provisions of this
article.
SECTION 54-3-13.12. RECORDS.
All records pertaining to the provisions of this article shall be maintained in the office of the Building Official
and shall be open for public inspection.
SECTION 54-3-13.13. ESTABLISHMENT OF DEVELOPMENT PERMIT.
A development permit shall be required in conformance with the provisions of this article prior to the
commencement of any development activities.
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Chapter III: Performance Criteria
Article XIII: Flood Protection
SECTION 54-3-13.14. PERINUT PROCEDURES.
/Ow) A. Application for a development permit shall be made to the Building Official on forms furnished by him
prior to any development activities. The application may include, but is not limited to, the following
plans to be submitted in duplicate and drawn to scale, showing the nature, location, dimensions, and
elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing. Specifically, the following information is required:
1. Application stage.
a. Elevation in relation to mean sea level of the proposed lowest floor, including
basement, of all structures;
b. Elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed;
C. Certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure will meet the floodproofing criteria; and
d. Description of the extent to which any watercourse will be altered or relocated as a
result of the proposed development.
2. Construction stage. Provide a floor elevation or floodproofing certification after the lowest floor
is completed, or in instances where the structure is subject to the regulations applicable to
coastal high hazard areas, after placement of the horizontal structural members of the lowest
1 floor. Upon placement of the lowest floor, or floodproofing by whatever construction means, or
upon placement of the horizontal structural members of the lowest floor, whichever is
applicable, it shall be the duty of the permit holder to submit to the Building Official a
certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the
lowest portion of the horizontal structural members of the lowest floor, whichever is applicable,
as built, in relation to mean sea level. Such certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer and certified by such land
surveyor or engineer. When floodproofing is utilized for a particular building, the certification
shall be prepared by or under the direct supervision of a professional engineer or architect and
certified by such engineer or architect. Any work undertaken prior to submission of the
certification shall be at the permit holder's risk. The Building Official shall review the floor
elevation survey data submitted. Deficiencies detected by such review shall be corrected by the
permit holder immediately and prior to further progressive work being permitted to proceed.
Failure to submit the survey or failure to make the corrections required thereby shall be cause
for a stop -work order to be issued for the project.
SECTION 54-3-13.15. VARIANCE PROCEDURES.
A. The Board of Adjustment shall hear and decide appeals and requests for variances from the
requirements of this article.
B. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the Building Official in the enforcement or
administration of this article.
C. An person aggrieved b the decision of the Board of Adjustment or an taxpayer ma appeal such
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decision to the circuit court, as provided by section 54-1-2.5E of the Land Development Code of the
city.
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D. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the
f� National Register of Historic Places or the state inventory of historic places without regard to the
procedures set forth in the remainder of this section, except for subsections (H)(1) and (4) of this
section, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the
structure losing its historical designation.
E. In passing upon such application, the Board of Adjustment shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this article, and:
I. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity of the facility to a waterfront location, in the case of a functionally dependent
facility;
6. The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site; and
It. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
F. Upon consideration of the factors listed in subsection (E) of this section, and the purposes of this article,
the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary
to further the purposes of this article.
G. Variances shall not be issued within any designated floodway if any increase in flood levels during the
base flood discharge would result.
H. Conditions for variances:
1. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief, and in the instance of a historical
/0011� building, a determination that the variance is the minimum necessary so as not to destroy the
historic character and design of the building.
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2. Variances shall only be issued upon a showing of good and sufficient cause; a determination
that failure to grant the variance would result in exceptional hardship; and 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.
3. Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the base flood elevation and the elevation to which the structure is to be
built and stating that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
4. The Building Official shall maintain the records of all appeal actions and report any variances
to the Federal Emergency Management Agency upon request.
SECTION 54-3-13.16. GENERAL STANDARDS.
In all areas of special flood hazard the following provisions are required:
A. New construction and substantial improvements shall be anchored to prevent flotation, collapse or
lateral movement of the structure;
B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This
standard shall be in addition to Chapter 62 of the Code of Ordinances and consistent with applicable
state requirements for resisting wind forces;
C. New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage;
D. New construction or substantial improvements shall be constructed by methods and practices that
minimize flood damage;
E. Electrical, heating, ventilating, plumbing, air conditioning equipment, and other service facilities shall
be designed and/or located so as to prevent water from entering or accumulating within the components
during conditions of flooding;
F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system;
G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharges from the systems into floodwaters;
H. Onsite waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding; and
I. Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the
provisions of this article shall meet the requirements of new construction as contained in this article.
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Chapter III: Performance Criteria
Article XM: Flood Protection
SECTION 54-3-13.17. SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data have been provided, as set forth in this
Article, the following provisions are required:
A. Residential construction. New construction or substantial improvement of any residential structure shall
have the lowest floor, including basement, elevated no lower than the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded
movements of floodwaters shall be provided in accordance with standards of subsection (3) of this
section.
B. Nonresidential construction. New construction or substantial improvement of any commercial,
industrial, or nonresidential structure shall have the lowest floor, including basement, elevated no lower
than the level of the base flood elevation. Structures located in all A zones may be floodproofed in lieu
of being elevated provided that all areas of the structure below the required elevation are watertight with
walls substantially impermeable to the passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the standards of this subsection are satisfied. Such
certification shall be provided to the official as set forth in this Article.
C. Elevated buildings. New construction or substantial improvements of elevated buildings that include
fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall
be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters
to automatically equalize hydrostatic flood forces on exterior walls.
1. Designs for complying with this requirement must either be certified by a professional engineer
or architect or meet the following minimum criteria:
a. Provide a minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
b. The bottom of all openings shall be no higher than one foot above grade; and
C. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions.
2. Electrical, plumbing, and other utility connections are prohibited below the base flood
elevation.
3. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles
(garage door) or limited storage of maintenance equipment used in connection with the
premises (standard exterior door) or entry to the living area (stairway or elevator).
4. The interior portion of such enclosed area shall not be partitioned or finished into separate
rooms.
D. Floodways. Located within areas of special flood hazard established in this Article, are areas designated
as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters
which carry debris and potential projectiles and has erosion potential, the following provisions shall
apply:
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I. Encroachments, including fill, new construction, substantial improvements and other
developments shall be prohibited unless certification, with supporting technical data, is
provided by a registered professional engineer demonstrating that encroachments shall not
result in any increase in flood levels during occurrence of the base flood discharge.
2. If subsection (4)a. of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of this division.
3. The placement of manufactured homes (mobile homes) shall be prohibited, except in an
existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or subdivision providing
the anchoring standards and the elevation standards of this Article.
E. Coastal high hazard areas (V zone). Located within the areas of special flood hazards established in this
Article, are areas designated as coastal high hazard areas. These areas have special flood hazards
associated with wave wash; therefore, the following provisions shall apply:
All buildings or structures shall be located landward of the reach of the mean high tide.
2. All buildings or structures shall be elevated so that the bottom of the lowest supporting
horizontal member, excluding pilings or columns, is located at or above the base flood elevation
level, with all space below the lowest supporting member open so as not to impede the flow of
water. Open latticework or decorative screening may be permitted for aesthetic purposes only
and must be designed to wash away in the event of abnormal wave action and in accordance
with subsection (5)h. of this section.
3. All buildings or structures shall be securely anchored on pilings or columns.
4. All pilings and columns and the attached structures shall be anchored to resist flotation,
collapse, and lateral movement due to the effect of wind and water loads acting simultaneously
on all building components. The anchoring and support system shall be designed with wind and
water loading values which equal or exceed the 100-year mean recurrence interval (one percent
annual chance flood).
5. A registered professional engineer or architect shall certify that the design, specifications and
plans for construction are in compliance with the provisions contained in subsections (5)b., c.
and d. of this section.
6. There shall be no fill used as structural support. Noncompacted fill may be used around the
perimeter of the building for landscaping/aesthetic purposes provided the fill will wash out with
the storm's surge (thereby rendering the building free of obstruction) prior to generating
excessive loading forces, ramping effects or wave deflection. The Building Official shall
approve design plans for landscaping/aesthetic fill only after the applicant has provided an
analysis by an engineer, architect, or soil scientist which demonstrates that the following factors
have been fully considered:
a.
R1
C.
Particle composition of the fill material does not have a tendency for excessive natural
compaction;
Volume and distribution of fill will not cause wave deflection to adjacent properties;
and
The slope of fill will not cause wave run-up or ramping.
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Chapter III: Performance Criteria Article XIU: Flood Protection
7. There shall be no alteration of sand dunes or mangrove stands which would increase potential
f/o� flood damage.
8. Latticework or decorative screening shall be allowed below the base flood elevation provided it
is not part of the structural support of the building and is designed so as to break away, under
abnormally high tides or wave action, without damage to the structural integrity of the building
on which it is to be used, and provided the following design specifications are met:
a. No solid walls shall be allowed, and
b. Materials shall consist of lattice or mesh screening only.
9. If latticework or screening is utilized, such enclosed area shall not be designed to be used for
human habitation, but shall be designed to be used only for parking of vehicles, building access,
or limited connection with the premises.
10. Prior to construction, plans for any structures that will have latticework or decorative screening
must be submitted to the Building Official for approval.
11. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space
below the lowest floor except with latticework or decorative screening, as provided for in
subsection (5)h.1. of this section.
12. The placement of manufactured homes (mobile homes) shall be prohibited, except in an
existing manufactured home (mobile home) park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or subdivision provided
the anchoring standards of this Article and the elevation standards of subsection (1) of this
section, are met.
SECTION 54-3-13.18. STANDARDS FOR STREANIS WITHOUT ESTABLISHED BASE FLOOD
ELEVATION AND/OR FLOODWAYS.
Located within the areas of special flood hazard established in this Article, where small streams exist but where
no base flood data have been provided or where no floodways have been provided, the following provisions
apply:
A. No encroachments, including fill material or structures, shall be located within a distance of the stream
bank equal to two times the width of the stream at the top of bank or 20 feet each side from top of bank,
whichever is greater, unless certification by a registered professional engineer is provided demonstrating
that such encroachments shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
B. New construction or substantial improvements of structures shall be elevated or floodproofed to
elevations established in accordance with this Article.
SECTION 54-3-13.19. STANDARDS FOR SUBDIVISION PROPOSALS.
A. All subdivision proposals shall be consistent with the need to minimize flood damage.
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
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C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
D. Base flood elevation data shall be provided for subdivision proposals and other proposed development,
including manufactured home parks and subdivisions, which is greater than the lesser of 50 lots or five
acres.
SECTION 54-3-13.20. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
Located within the areas of special flood hazard established in this Article, are areas designated as shallow
flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet
where a clearly defined channel does not exist and where the path of flooding is unpredictable and
indeterminate; therefore, the following provisions apply:
A. All new construction and substantial improvements of residential structures shall have the lowest floor,
including basement, elevated to a depth number specified on the flood insurance rate map, in feet, above
the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall
be elevated at least two feet above the highest adjacent grade.
B. All new construction and substantial improvements of nonresidential structures shall:
1. Have the lowest floor, including basement, elevated to the depth number specified on the flood
insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified,
the lowest floor, including basement, shall be elevated at least two feet above the highest
adjacent grade; or
/Aoo� 2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above
that level so that any space below that level is watertight with walls substantially impermeable
to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
W
SECTION 54-3-13.21. FLOOR ELEVATIONS.
A. The minimum floor elevation of residential, duplex, multiple -family residences, motels, or hotels
constructed in the city shall be no less than eighteen (18) inches above the crown of the abutting
improved street, and no less than six feet above mean sea level, whichever is the higher elevation.
B. The minimum floor elevation of commercial and industrial structures, private or public garages,
cabanas, utility rooms, storage rooms and similar structures constructed in the city shall be no less than
six (6) inches above the crown of the abutting improved street. The elevations of floors where alley
right-of-way exists shall not be less than six (6) inches above alley paving. The floor elevation cited
under subsection (a) of this section shall comply with the elevations specified in this subsection and
shall be no less than six feet above mean sea level, whichever is the higher elevation.
C. The federal flood insurance rate maps, as amended, for the city are hereby incorporated into this Code
by specific reference, a copy of which shall be available for inspection by the public in the Building
Department.
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