HomeMy WebLinkAboutO-80-08
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ORDINANCE NO. 0 - g'tJ- g
AN ORDINANCE CREATING ARTICLE II
OF CHAPTER 7 OF THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN, KNOWN AS THE
FLOOD DAMAGE PREVENTION CODE; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of
Sebastian, Florida, as follows:
SECTION I.
That Article II of Chapter 7 of the Code of Ordinances
1S hereby created to read as follows:
ARTICLE II. FLOOD DAMAGE PREVENTION CODE
Sec. 7-15 Findings of Fact
(a) The flood hazard areas of the City of
Sebastian are subject to periodic inundation which results
in loss of life, 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.
(b) These flood losses are caused by the cumulative
effect of obstructions in flood plains 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, flood-proofed, or otherwise
protected from flood damages.
Sec. 7-15. Statement of Purpose,
It is the purpose of this ordinance to promote
the public health, safety and general welfare and to minimize
public and private losses due to flood conditions 1n specific
areas by provisions designed to:
(a) restrict or prohibit uses which are dangerous
to health, safety and property due to water or 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;
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(c) control the alteration of natural flood
plains, stream channels, and natural protective barriers which
are involved in the accommodation of flood waters;
(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 flood waters or which
may 1ncrease flood hazards to other lands.
Sec. 7-17. Objectives.
The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize expenditure of public money
for costly flood control projects;
(3) to minimize the need for rescue and relief
efforts associated with flooding and generally undertaken
at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and
utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in flood plains;
(6) to help maintain a stable tax base by providing
for the sound use and development of flood prone areas 1n
such a manner as to minimize future flood blight areas; and,
(7) to insure that potential home buyers are
notified that property is in a flood area.
Sec. 7-18. Definitions.
Unless specifically defined below, words or phrases
used 1n 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.
"Appeal" means a request for a review of the Building
Inspector's interpretation of any provision of this ordinance
or a request for a variance.
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"Area of shallow flooding" means a designated AO or VO Zone
on a community's Flood Insurance Rate Map (FIRM) with base
~lood depths from one to three feet where a clearly defined
channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow
may be evident.
"Area of special flood hazard" is the land in the flood plain
within a community subject to a one percent or greater chance
of flooding in any given year.
"Base flood" means the flood having a one percent change of
being equalled or exceeded in any given year.
"Development" means any man-made change to improved or un-
improved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations.
"Existing mobile home park or mobile home subdivision"
means a parcel (or contiguous parcels) of land divided into
two or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which the
mobile home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets)
is completed before the effective date of this ordinance.
"Expansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
mobile homes are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete
pads, or the construction of streets).
"Flood" or "flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas
from:
(1) The overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff
of surface waters from any source.
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"Flood Hazard Boundary Map (FHBM)" means an official map
of a community, issued by the Federal Insurance Administration,
where the boundaries of the areas of special flood hazard
have been designated as Zone A.
"Flood Insurance Rate Map (FIRM)" means an official map of
a communi ty, on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by the
Federal Insurance Administration. The report contains flood
profiles, as well as the Flood Hazard Boundary-Floodway Map
and the water surface elevation of the base flood.
"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 one foot.
"Floor" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
combination thereof.
"Mean Sea Level" means the average height of the sea for all
stages of the tide.
"Mobile home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to
be used with or without a permanent foundation when connected
to the required utilities. It does not include recreational
vehicles or travel trailers.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of
this ordinance.
"New Mobile home park or mobile home subdivision" means a
parcel (or contiguous parcels) of land divided into two or
more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home
1S to be affixed (including, at a minimum, the installation of
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utilities, either final site grading or the pouring of
concrete pads, and the construction of streets) is completed
on or after the effective date of this ordinance.
"Start of construction" means the first placement of permanent
construction of a structure (other than a mobile home) on a
site, such as the pouring of slabs or footings or any work
beyond the stage of excavation, including the relocation
of a structure. Permanent construction does not 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 not as
part of the main structure. For a structure (other than a
mobile home) without a basement or poured footings, the
"start of construction" includes the first permanent framing
or assembly of the structure or any part thereof on its piling
or foundation. For mobile homes not within a mobile home
park or mobile home subdivision, "start of construction"
means the affixing of the mobile home to its permanent site.
For mobile homes within mobile home parks or mobile home
subdivisions, "start of construction" is the date on which
the construction of facilities for servicing the site on
which the mobile home is to be affixed (including, at a m1n1mum,
the construction of streets, either final site grading or the
pouring of concrete pads, and installation of utilities) is
completed.
"Structure" means a walled and roofed building that 1S
principally above ground, as well as a mobile home.
"Substantial improvement" means, for a structure built prior
to the enactment of this ordinance, any repair, reconstruction,
or improvement of a structure, the cost of which equals
or exceeds fifty percent of the market value of the structure
either, (1) before the improvement or repa1r is started, or
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(2) if the structure has been damaged and is being restored,
before the damage occurred. For the purpose of this definition
"substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
The term does not, however, include either (1) any project
for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions, or (2)
any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
"Variance" is a grant of relief to a person from the requirements
of this ordinance which permits construction in a manner other-
wise prohibited by this ordinance where specific enforcement
would result in unnecessary hardship.
Sec. 7-19. General Provisions - Lands to Which this
Code Applies
This ordinance shall apply to all areas of special
flood hazard within the jurisdiction of the City of Sebastian.
Sec. 7-20 Basis For Establishing the Areas of Special
Flood Hazard
The areas of special flood hazard identified by the
Federal Insurance Administration in its Flood Hazard Boundary
Map (FHBM), #1201123 0005 B, dated April 15, 1980, and any
reV1S1ons thereto are adopted by reference and declared to be
a part of this ordinance; 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 a part of this ordinance.
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Sec. 7-21 Establishment of Development Permit.
A Development Permit shall be required in conformance with the
provisions of this ordinance.
Sec. 7-22 Compliance.
No structure or land shall hereafter be located,
extended, converted, or structurally altered without full
compliance with the terms of this ordinance and other
applicable regulations.
Sec. 7-23 Abrogation And Greater Restrictions.
This ordinance is not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another
conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
Sec. 7-24 Interpretation.
In the interpretation and application of this
ordinance 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 the state statutes.
Sec. 7-25. Warning and Disclaimer of Liability.
The degree of flood protection required by this
ordinance 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 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 ordinance shall not
create liabuity on the part of Building Inspector 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.
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Sec. 7-26. Penalities for Violation
Violation of the provisions of this ordinance 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 misdeameanor. Any person who violates
this ordinance 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 60 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 from taking such other lawful action as is necessary
to prevent or remedy any violation.
Sec. 7-27. Administration - Designation of
Building Inspector.
The building inspector is hereby appointed to administer
and implement the provisions of this ordinance.
Sec. 7-28. Duties and Responsibilities of the
Building Inspector.
Duties of the Building Inspector shall include,
but not be limited to;
(1) Review all development permits to assure that
the permit requirements of this ordinance have been satisfied.
(2) Advise permittee that additional federal or state
permits may be required, and if specific federal or state
permits are known, require that copies of such permits be
provided and maintained on file with the development permit.
(3) Notify adjacent communities of the Department
of Community Affairs prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to
the Federal Insurance Administration.
(4) Assure that maintenance 1S provided within the
altered or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
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(5) Verify and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures.
(6) Verify and record the actual elevation (in relation
to mean sea level) to which the new or substantially improved
structures have been flood-proofed.
(7) When flood-proofing is utilized for a particular
structure, the Building Inspector shall obtain certificates from
a registered professional engineer or architect.
(8) Where interpretation is needed as to the exact
location of the 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
Inspector 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.
(9) When base flood elevation data has not been pro~
vided in accordance with Section 7-20 then the Building Inspector
shall obtain, review, and reasonably utilize any base flood
elevation data available from a federal, state or other
source, in order to administer the provisions of Article 5.
(10) All records pertaining to the provisions of this
ordinance shall be maintained in the office of the Building
Inspector and shall be open for public inspection.
Sec. 7.29. Permit Procedures.
A Development Permit shall be obtained before construction
or development begins within any area of special flood hazard
established in Section 7~20. Application for a Development
Permit shall be made to the Building Inspector on forms furnished
by him and may include, but not be limited to, the following
plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing
or proposed structures, fill storage of materials; drainage
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facilitie~, and the location of the foregoing. Specifically,
the following information is required;
(1) Elevation in relation to mean sea level of the
lowest floor (including basement) of all structures.
(2) Elevation in relation to mean sea level to which
any non-residential structure has been flood-proofed.
(3) Provide a certificate from a registered pro-
fessional engineer or architect that the non-residential
flood-proofed structure meets the flood-proofing criteria
in Article 5, Section B(Z).
(4) Description of the extent to which any water-
course will be altered or relocated as a result of proposed
development.
See 7-30 VARIANCE PROCEDURES
(1) The Board of Adjustments as established by
the City of Sebastian shall hear and decide appeals and
requests for variances from the requirements of this ordinance.
(Z) The Board of Adjustments shall hear and decide
appeals when it 1S alleged there is an error in any require-
ment, decision, or determination made by the Building Inspector
in the enforcement or administration of this ordinance.
(3) Any person aggrieved by the decision of the
Board of Adjustments or any taxpayer may appeal such decision
to the Circuit Court, as provided under Florida Law.
(4) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
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.
(5) In passing upon such applications, the Board of
Adjustments shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance,
and:
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(a) The danger that materials may be swept onto
other lands to the injury of others;
(b) The danger to life and property due to flooding
or erosion damage;
(c) The susceptibility of the proposed facility
and its contents to flood damage and the effect
of such damage on the individual owner;
(d) The importance of the services provided by
the proposed facility to the community;
(e) The necessity to the facility of a waterfront
location, where applicable;
(f) The availability of alternative locations,
not subject to flooding or erosion damage,
for the proposed use;
(g) et.seq., appears on page 11.
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(g) the compatability of the proposed use with
existing and anticipated development;
(h) the relationship of the proposed use to the
comprehensive plan and flood plain management
program for that area;
(i) the safety of access to the property in times
of flood for ordinary and emergency vehicles;
(j) the expected heights, velocity, duration,
rate of rise and sediment transport of the
flood waters and the effects of wave action,
if applicable, expected at the site; and,
(k) 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;
(1) generally, variances 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, providing items (a - k) have
been fully considered. As the lot size increases
beyond the one~half acre, the technical justi-
fication required for issuing the variance
increases.
(6) Upon consideration of the factors listed above
and the purposes of this ordinance, the Board of Adjustments
may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this ordinance.
(7) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
(8) Conditions for Variances
(a) Variances shall only be issued upon a
determination that the variance is the minimum
necessary, considering the flood hazard,
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to afford relief.
(b) Variances shall only be issued upon (i)
a showing of good and sufficient cause; (ii)
a determination that failure to grant the
variance would result in exceptional hardship
to the applicant; and, (iii) a determination
that the granting of a variance will not result
in increased flood heights~ additional threats
to public safety, extraordinary public expense,
create nuisances, cause fraud on or victim-
ization of the public, or conflict with
existing local laws or ordinances.
(c) 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.
(d) The Building Inspector shall maintain the
records of all appeal actions and report any
variances to the Federal Insurance Administration
upon request.
Sec. 7-31. Provisions for Flood Hazard Reduction.
General Standards
In all areas of special flood hazard the following provisions
are required:
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral
movement of the structure.
(Z) All new construction and substantial improvements
shall be constructed with materials and utility equipment
resistant to flood damage.
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(3) All new construction or substantial improvements
shall be constructed by methods and practices that minimize
flood damage.
(4) All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of
flood waters into the system.
(5) 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.
(6) On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during
flooding.
(7) Any alteration, repair, reconstruction, or
improvements to a structure on which the start of construction
was begun after the effective date of this ordinance, shall
meet the requirements of "new construction" as contained
1n this ordinance.
Sec. 7~3Z. Specific Standards
In all areas of special flood hazard where base flood
elevation data has been provided as set forth in Section 7-Z0
or Section 7-Z8 (11), the following provisions are required:
(1) Residential Construction ~ New construction or
substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated to or above
base flood elevation.
(Z) Non-residential Construction - New construction
or substantial improvement of any commercial, industrial
or other non-residential structure shall either have the lowest
floor, including basement, elevated to the level of the base
flood elevation or, together with attendant utility and sanitary
facilities, be flood-proofed so that below the base flood
level the structure is water tight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic
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loads and effects 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 Section 7-29 (3).
(3) Mobile Homes.
(a) No mobile home shall be placed in a floodway
except in an existing mobile home park or
existing mobile home subdivision.
(b) All mobile homes shall be anchored to
resist flotation, collapse, or lateral move-
ment by providing over-the-top and frame ties to
ground anchors. Specific requirements shall be
as provided in Article III of Chapter 7 of
this Code.
(c) For new mobile home parks and subdivisions;
for expansions to existing mobile home parks and
subdivisions; for existing mobile home parks
and subdivisions where the repair, reconstruction
or improvement of the streets, utilities and
pads equals or exceeds fifty percent of value
of the streets, utilities and pads before the
repair, reconstruction or improvement has
commenced; and, for mobile homes not placed in
a mobile home park or subdivision require:
(i) stands or lots are elevated on compacted
fill or on pilings so that the lowest
floor of the mobile home will be at or
above the base flood level;
(ii) adequate surface drainage and access
for a hauler are provided; and,
(iii) in the instance of elevation on pilings:
(1) lots are large enough to permit
steps; (2) piling foundations are placed
in stable soil no more than ten feet
apart; and, (3) reinforcement is provided
for pilings more than six feet above the
ground level.
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(4) Floodways - Located within areas of special flood
hazard established in Section 7-20 are areas designated as
floodways. Since the floodway is an extremely hazardous area
due to the velocity of flood waters which carry debris,
potential projectiles and erosion potential, the following
provisions shall apply:
(a) Prohibit encroachments, including fill, new
construction, substantial improvements and
other developments unless certification by a
registered professional engineer or architect
is provided demonstrating that encroachments
shall not result in any increase in flood
levels during occurrence of the base flood
discharge.
(b) If Article 5, Section B(4) (a), is satiffied,
all new construction and substantial improve-
ments shall comply with all applicable flood
hazard reduction provisions of Article 5.
(c) Prohibit the placement of any mobile homes,
except in an existing mobile home park or
existing mobile home subdivision.
Sec. 7-33. Standards for Subdivision Proposals
(1) All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2) All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for
subdivision proposals and other proposed development which
is greater than the lesser of fifty lots or five acres.
SECTION II.
Resolution R-75-3 and all Ordinances or parts of
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Ordinances in conflict herewith are specifically repealed.
SECTION III.
This Ordinance shall take effect immediately upon
becoming law.
SECTION IV.
If any section, subsection, sentence, clause, phrase
or word of this Ordinance is for any reason held unconstitutional
or invalid, for any reason, such ruling shall not affect the
validity or constitutionality of any of the remaining portions
of this Ordinance.
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Pat Flood, Jr., Mayor
ATTEST:
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Ci Clerk
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I HEREBY CERTIFY that Notice of Public Hearing of the
foregoing Ordinance was given in accordance with Section 166.041
of the Florida Statutes, on 'P~ j 0, 0{4 ~, 1980, in the
Vero Beach Press Journal, a newspaper of general circulation in
the City of Sebastian, Florida; that said Ordinance passed on first
reading on ~ {o
, 1980, and that said Ordinance passed
a second and final reading and was adopted by the City Council of
the City of Sebastian, Florida, on
Vf~:i Cf
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Ci Y Clerk
, 1980.
(S E A L)
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