HomeMy WebLinkAboutO-88-25ORDINANCE NO
.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING THE EX~ST~NG ARTICLE X OF
CHAP._.~R 7, FLOOD DAMAGE PR]~VENTiON, OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, ~'LORIDA, AND
ENACTING A NEW ARTICLE X OF CHAPTER 7, FLOOD DAMAGE
PREVENTION, TO BE SUBSTITUTED IN ITS PLACE;
ESTABLIS}{ING RULES, REGULATIONS, AND GUIDELINES OVER
CONST~i~UC%'~ON OR RECONSTRUCTION REPAIRS, ALTERATIONS
AND I~.[,ROVE~ENTS TO STRUCTURES AND LAND FOR PURPOSES OF
PROTECTION AGAINST FLOODING; PROVIDING DEFINITIONS,
PROVIDING FOR ISSUANCE OF ~'LOOD PLAN PROCEDURES, FOR
APPOINTMENT OF A FLOOD PLAN ADMINISTRATOR, FOR VARIANCE
PROCEDURE, PROVIDING SPECIFIC CONSTRUCTION STanDARDS;
PROVIDING PENALTIES FOR VIOLATION; ROVIDING FOR REPEAL
p ~
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWIT~; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTIQ~ ~. That Article X of Chapter 7 of the Code of
Ordinance of the City of Sebastian, consisting of Sections 7-151
through 7-178, ~S HEREBY REPEALED.
SECTION ~.. That the Code of Ordinances, City of Sebastian,
Florida, is hereby amended by adding a new Article X of Chapter
7, to be numbered Sections 7-151 through 7-176, which said
Sections shall read as follows:
"ARTICLE ×. FLOOD DAMAGE PREVENTION
DIVISION 1. GENERALLY
SECTION 7-151. ~IN_D_I~N~$~_OF FACT.
(a) The flood hazard areas of the City are subject to
periodic inundation which result 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 ~nd ~eneral
welfare.
(b) These flood losses are caused by the cumulative effect
of obstructious 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,
from flood damages.
floodproofed, or otherwise unprotected
SECTION 7-152. STATEMENT OFPURPO.SE.
it is the purpose of th~s ordinance 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 involved in
the accommodation of flood waters;
(d) Control filling, grading, dredging and other
development which may increase erosion or flood ~amage; and
(e) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may increase
flood hazards to other lands.
SECTION 7-153. OBJEC%~iVE~.
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 flood prone areas in such a manner
as to minimize flood blight areas; and
(g) Insure that potential home buyers are notified that
property is in a flood area.
SECTION 7-154. DEFINITIONS.
Unless specifically defined below, words or phrases used in this
Article shall be interpreted so as to give them the meaning they
have in common usage and to give this Article its most reasonable
application.
Addit~D__(.to an existinq bu~ldi~ means any walled and roofed
expansion to the perimeter of a building in which the addition is
connected by a common load-bearing wall other than a fire wall.
Any walled and roofed addition which is connected by a fire wall
or is separated by independent perimeter load-bearing walls is
new construction.
~Deal means a request for a review of the Building Official's
interpretation of any provision of this Article or a request for
a variance.
Ar__ea___o_f s__h_a~jlow f!oo_diD_q means a designated AO or VO Zone on the
City's Flood Insurance Rate Map (FIRM) with base flood 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 sDecial flood hazard is the land in the floodplain
within a community subject to a one percent or greater chance of
flooding in any given year.
Base Floo~_ means the flood having a one percent chance of being
equaled or exceeded in any given year.
Basement means that portion of a building having its floor
subgrade (below ground level) on all sides.
Breakawa¥ w~all means a wall that is not part of the structural
support of the building and is intended through its design and
construction to collapse under specific lateral loading forces
structures,
excavating,
materials.
without causing damage to the elevated portion of the building or
the supporting foundation system.
Building means any structure built for support, shelter, or
enclosure for any occupancy or storage.
Coast~_Hi~__}~a__~ar___d Are~ means the area subject to high velocity
waters caused by, but not limited to, hurricane wave wash. The
area is designated on a FIRM as Zone Vl-30, VE, or V.
Deve!~pment means any man-made change to improved or unimproved
real estate, including, but not limited to, building's or other
mining, dredging, filling, grading, paving,
drilling operations, or permanent storage of
Elevated b~ildin~ means a non-basement building built to have
the lowest floor elevated above the ground level by means of
fill, solid foundation perimeter walls, pilings, columns (post
and piers), shear walls, or breakaway walls.
Flood or Floodin~ means a general and temDorary 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.
Flood Hazard Boundar~ ~D (FHBM) means an official map of the
City, issued by the Federal Emergency Management Agency, where
the boundaries of the areas of special flood hazard have been
defined as Zone A.
Flood Insu_~rance Rate MaD ~FIRM) means an official map of the
City, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the City.
Flood ~nsurance Stud~ is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary Floodway Map and the
water surface elevation of the base flood.
Floodwa~ means the channel of a river or other watercourse and
the adjacent land areas that must be'reserved in order to
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discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Floor means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab
construction or top or wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for
parking vehicles.
~ncti. ona!l¥ dependent fa~i!it¥ means a facility which cannot be
used for its intended purpose unless it is located or carried out
in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing facilities. The
term does not include long-term storage, manufacture, sales, or
service facilities.
H.__]~hest a~jacent qrada means the highest natural elevation of
the ground surface, prior to construction, next to the proposed
walls of a structure.
Man~rove stand means an assemblage of mangrove trees which is
mostly low trees noted for a copious development of interlacing
adventitious roots above the ground and which contain one or more
of the following species: black mangrove (Avicennia nitidA); red
mangrove (RhizQphora ma__r~); white mangrove (La~guncularia
racemosa); and buttonwood (Conoca~~recta).
Mean Sea L~.vel means the average height of the sea for all
stages of the tide. It is used as a reference for establishing
various elevations within the flood plain. For purposes of this
ordinance, the term is synonymous with "National Geodetic
Vertical Datum (NGVD)."
Manufactured 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. As to non-permanent foundations, the
term includes mobile homes, park trailers, travel trailers, and
similar transportable structures placed on a site for one hundred
eighty (180) consecutive days or longer and intended to be
improved property. "National Geodetic Vertical Datum (NGVD)" as
corrected in 1929 is a vertical control used as a reference for
establishing varying elevations within the flood plain.
~ew C~nstructio~ means structures for which the "start of
construction,, commenced on or after the effective date of this
ordinance.
Sand dunes means naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
Start of construction (for other than new construction or
substantial improvements under the Coastal Barrier Resources Act
(P.L. 97-348), includes substantial improvement, and means the
date the building permit was issued, provided the actual start of
construction, repair, reconstruction, or improvement was within
one hundred eighty (180) days of the permit date. The actual
start means the first placement of permanent construction of a
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 or the
placement of a manufactured home on a foundation. Permanent
construction does not include 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 not part of the main structure.
Structure means a walled and roofed building that is principally
above ground, a manufactured home, a gas or liquid storage tank,
or other man-made facilities or infrastructures.
Substan_tial i~O~e___n~ means any combination of repairs,
reconstruction, alteration, or improvements to a structure,
taking place during a two (2) year period, in which the
cumulative cost equals or exceeds fifty (50) percent of the
market value of the structure. The market value of the structure
should be (1) the appraised value of the'structure prior to the
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start of the initial repair or improvement, or (2) in the case of
damage, the value of the structure prior to the damage occurring.
For the purposes 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
any project for improvement of a structure required to comply
with existing health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions.
Variance is a grant of relief from the requirements of this
Article which permits construction in a manner otherwise
prohibited by this Article where specific enforcement would
result in unnecessary hardship.
SECTION 7-155. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Article shall apply to all areas of special flood hazard
within the jurisdiction of the City.
SECTION 7-156. BASIS FOR ESTABLISHING THE 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), #1201123 0005 B, dated April 15, 1980, 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 There are no established Coastal High
Hazard Areas (V Zones).
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SECTION 7-157. 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.
SECTION 7-158. ~OMPLIANCE.
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 7-159. ABROGATION AND 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 7-160. INTERPRETATION.
In the in~terpretation and application of this Article all
provisions shall be:
(b)
(c)
Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers
granted under state statutes.
SECTION 7-161. 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 consideration. Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man-made 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.
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SECTION 7-162. PENALTIES FOR V~OLATION.
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 this Code.
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.
DIVISION 2. ADMINISTRATION
SECTION 7-168. DESIGNATION OF BUILDING OFFICIAL.
The Building Official is hereby appointed to administer and
implement the provisions of this Article.
question;
materials,
foregoing.
SECTION 7-169. PERMIT PROCEDURES.
Application for a Development Permit shall be made to the
Building Official on forms furnished by him prior to any
development activities, 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
existing or proposed structures, fill, storage of
drainage facilities; and the location of the
Specifically, the following information is required:
(a) Application Stage
(1) Elevation in relation to mean sea level of the
proposed lowest floor (including basement) of all
structures;
(2) Elevation in relation to mean sea level to which
any non-residential structure will be flood-proofed;
(3) Certificate from a registered professional
engineer or architect that the non-residential flood-proofed
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structure will meet the flood-proofing criteria in Section
7-173(b); and
(4) Description of the extent to which any water
course will be altered or relocated as a result of proposed
development.
(b) Construction Stage
Provide a floor elevation or flood-proofing 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 floor. Upon placement of the lowest floor,
or flood-proofing by whatever construction m~ans, 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, flood-proofed 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. Said certification shall be
prepared by or under the direct supervision of a registered land
surveyor or professional engineer and certified by same. When
flood-proofing is utilized for a particular building, said
certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified
by same. 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 t~e survey or
failure to make said corrections required hereby, shall be cause
to issue a stop-work order for the project.
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SECTION 7-170. DUTIES AND RESPONSIBILITIES OF THE BUILDING
OFFICIAL.
Duties of the Building Official shall include, but not be limited
to:
(a) Review all development permits to assure that the
permit requirements of this Article have been satisfied.
(b) Advise permittee that additional federal or state
permits may be required, and if specific federal or state permit
requirements are known, require that copies of such permits be
provided and maintained on file with the development permit.
(c) Notify the Board of County Commissioners of Indian
River County and the Florida Department of Community Affairs
prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency
Management Agency.
(d) Assure that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-
carrying capacity is maintained.
(e) 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, in accordance with
Section 7-169(b).
(f) Verify and record the actual elevation (in relation to
mean sea level) to which the new or substantially improved
structures have been flood-proofed, in accordance with Section 7-
169(b).
(g) In Coastal Hazard Areas, certification shall be
obtained 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.
(h) When flood-proofing is utilized for a particular
structure, the Building Official shall obtain certification from
a registered professional engineer or architect, in accordance
with Section 7-173(b), herein.
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(i) 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.
(j) When base flood elevation data or floodway data have
not been provided in accordance with Section 7-156, 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
Division 3 of this Article.
(k) 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 7-171. 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) Any person aggrieved by the decision of the Board of
Adjustment or any taxpayer may appeal such decision to the
Circuit Court, as provided by Section 20A-11.2F of the Land
Development Code of the City.
(d) Variances may be
rehabilitation or restoration
issued for the
of structures
reconstruction,
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, except for Section 7-171, (h) (1) and
(4), and provided the proposed reconstruction, rehabilitation, or
restoration will not result in the structure losing its
historical designation.
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(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:
(1) 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 flood waters and the
effects of wave action, if applicable, expected at the site,
and;
(11) 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 above, and the
purposes of this Article, the Board of Adjustment may attach such
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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 building, a determination that the
variance is the minimum necessary so as not to destroy the
historic character and design of the building.
(2) 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, 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, creata 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.
DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 7-172. GENEraL STANDARDS.
In all areas of special flood hazard the following provisions are
required:
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(a) New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of
the structure;
(b) Manufactured homes shall be
flotation, collapse, or lateral movement.
anchored to prevent
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
Article IX of this Chapter 7 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 flood waters
into the system;
(g) 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.
(h) On-site 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.
SECTION 7-173. SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation
data have been provided, as set forth in Section 7-156 or Section
15
7-170 (j), 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 flood waters shall be provided in
accordance with standards of Subparagraph (c), below.
(b) Non-Residential Construction. New construction or
substantial, improvement of any commercial, industrial, or non-
residential 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 flood-
proofed in lieu of being elevated provided that all areas of the
structure below the required elevation are water tight 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
Section 7-169 (b).
(c) Elevated Buildings. New construction or substantial
improvements of elevated bu~.ldings 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:
(i) 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;
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(ii) The bottom of all openings shall be no
higher than one (1) foot above 9~ade; and,
(iii) 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); and
(4) The interior portion of such enclosed area shall
not be partitioned or finished into separate rooms.
(d) Floodwavs. Located within areas of special flood
hazard established in Section 7-156, 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 has erosion potential, the following provisions
shall apply:
(1) Prohibit encroachments, including fill, new
construction, substantial improvements and other
developments unless certification (with supporting technical
data) by a registered professional engineer is provided
demonstrating that encroachments shall not result in any
increase in flood levels during occurrence of the base flood
discharge;
(2) If paragraph (1), above, is satisfied, all new
construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of this
Division 3.
(3) Prohibit the placement of manufactured homes
(mobile homes), except in an existing manufactured homes
(mobile homes) park or subdivision. A replacement
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manufactured home may be placed on a lot in an existing
manufactured home park or subdivision providing the
anchoring standards of Section 7-172 (a) and (b), and the
elevation standards of Section 7-173 (a) are met.
SECTION 7-174. .STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
FLOOD ELEVATIONS AND/OR FLOODWAYS.
Located within the areas of special flood hazard established in
Section 7-156, 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 (2) times the width of the stream at the top of bank
or twenty (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 flood-proofed to elevations
established in accordance with Section 7-170 (j).
SECTION 7-175. 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;
(c) Ail subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards; and
(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 fifty (50) lots or five (5) acres.
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SECTION 7-176. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO
Located within the areas of special flood hazard established in
Section 7-156, are areas designated as shallow flooding areas.
These areas have special flood hazards associated with base flood
depths of one to three feet (1' - 3') 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 (2) feet above the
highest adjacent grade.
(b) Ail new construction and substantial improvements of
non-residential 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 (2) feet
above the highest adjacent grade; or
(2) Together with attendant utility and sanitary
facilities be completely flood-proofed 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."
SECTION 3. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith
are hereby repealed.
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SECTION 4. CODIFICATION.
It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this ordinance shall become and
be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and that
the words "ordinance" may be changed to "section", "article", or
other appropriate designation.
SECTION 5. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of the Ordinance shall not be
affected and it will be presumed that th~. City Council of the
City of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
CITY O~EBASTIAN, FLORIDA
Richard B. Votapka, Mayor
Kathryn~ O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the ~ day of ~'~, 1988,
and that following said public hearing this Ordina~e"~a= passed
by th~ City Council.
(
Kathryn ~./O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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