HomeMy WebLinkAboutO-89-09
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ORDINANCE NO. 0-89-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO FLOOD DAMAGE PREVENTION;
AMENDING THE CODE OF ORDINANCES AS APPLIED TO COASTAL
HIGH HAZARD AREAS; AMENDING SECTION 7-156, REGARDING
THE BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD; AMENDING SECTION 7-173, TO PROMULGATE STANDARDS
FOR CONSTRUCTION IN COASTAL HIGH HAZARD ZONES;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the
Federal Emergency
Management Agency
has
19 conducted a restudy of the City of Sebastian which identified
20 regulated flood waves and coastal high hazard areas; and
21 WHEREAS, the City of Sebastian needs to adopt additional
22 flood damage prevention regulations addressed to the newly
23 identified coastal high hazard areas.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
25 CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
26 SECTION 1. COASTAL HIGH HAZARD AREAS. Section 7-156 of the
27 Code of Ordinances of the City of Sebastian is hereby amended to
28 read as follows:
29 "Section 7-156.
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
30
FLOOD HAZARD.
31 The areas of special flood hazard identified by the Federal
32 Emergency Management Agency in its Flood Hazard Boundary Map
33 (FHBM), #1201123 0076 E, dated May 4, 1989, and any revisions
34 thereto are adopted by reference and declared to be a part of
35 this Article; or the areas of special flood hazard identified by
36 the Federal Insurance Administration through a scientific and
37 engineering report entitled "The Flood Insurance Study for the
38 City of Sebastian" dated October, 1979, with accompanying flood
39 insurance, rate maps and flood boundary and floodway maps and any
40 revision thereto are hereby adopted by reference and declared to
41 be a part of this Article. ~ftere-are-ae-es~aeiisftea-eeas~ai-Hi~ft
42 Ha~ara-Areas-tV-Beaest~-
43 SECTION 2. CONSTRUCTION STANDARDS. A new subsection (e) of
44
45 Section 7-173 of the Code of Ordinances of the City of Sebastian
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1 is hereby created to read as follows:
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"(e)
Coastal High Hazard Areas (V Zone). Located within
3 the areas of special flood hazards established in Section 7-156,
4 are areas designated as Coastal High Hazard Areas. These areas
5 have special flood hazards associated with wave wash; therefore,
6 the following provision shall apply:
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(1) All buildings or structures shall be located
8 landward of the reach of the mean high tide;
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(2) All buildings or structures shall be elevated so
10 that the bottom of the lowest supporting horizontal member
11 (excluding pilings or columns) is located at or above the base
12 flood elevation level, with all space below the lowest supporting
13 member open so as not to impede the flow of water.
Open lattice
14 work or decorative screening may be permitted for aesthetic
15 purposes only and must be designed to wash away in the event of
16 abnormal wave action and in accordance with Section 7-173 (e)(8);
17 ( 3 ) All buildings or structures shall be securely
18 anchored on pilings or columns;
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(4) All pilings
and
columns
and
the attached
20 structures shall be anchored to resist flotation, collapse, and
21 lateral movement due to the effect of wind and water loads acting
22 simultaneously on all building components. The anchoring and
23 support system shall be designed with wind and water loading
24 values which equal or exceed the one hundred (100) year mean
25 recurrence interval (1% annual chance flood).
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(5) A registered professional engineer or architect
27 shall certify that the design, specifications and plans for
28 construction are in compliance with the provisions contained in
29 Subsections 7-173 (e)(2), (3) and (4) of this ordinance.
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(6) There shall be no fill used as structural support.
31 Non-compacted fill may be used around the perimeter of the
32 building for landscaping/aesthetic purposes provided the fill
33 will wash out with the storm's surge, (thereby rendering the
34 building free of obstruction) prior to generating excessive
35 loading forces, ramping effects or wave deflection. The Building
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1 Official shall approve design plans for landscaping/aesthetic
2 fill only after the applicant has provided an analysis by an
3 engineer, architect, and/or soil scientist which demonstrates
4 that the following factors have been fully considered:
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(i) particle composition of the fill material
6 does not have a tendency for excessive natural compaction;
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(ii) volume and distribution of fill will not
8 cause wave deflection to adjacent properties; and
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(iii)the slope of fill will not cause wave run-up
10 or ramping.
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(7) There shall be no alteration of sand dunes or
12 mangrove stands which would increase potential flood damage;
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(8) Lattice work or decorative screening shall be
14 allowed below the base flood elevation provided they are not part
15 of the structural support of the building and are designed so as
16 to break away, under abnormally high tides or wave action,
17 without damage to the structural integrity of the building on
18 which they are to be used, and provided the following design
19 specifications are met:
20
(i) no solid walls shall be allowed, and
21
(ii) materials shall consist of lattice or mesh
22 screening only.
23
(9) If lattice work or screening is utilized, such
24 enclosed area shall not be designed to be used for human
25 habitation, but shall be designed to be used only for parking of
26 vehicles, building access, or limited storage of maintenance
27 equipment used in connection with the premises.
28
(10) Prior to construction, plans for any structures
29 that will have lattice work or decorative screening must be
30 submitted to the Building Official for approval;
31
(11) Any
alteration,
repair,
reconstruction
or
32 improvement to a structure shall not enclose the space below the
33 lowest floor except with lattice work or decorative screening, as
34 provided for in Section 7-173 (e)(8)(i).
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(12) Prohibit the placement of
manufactured homes
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1 (mobile homes), except in an existing manufactured home (mobile
2 home) park or subdivision. A replacement manufactured home may
3 be placed on a lot in an existing manufactured home park or
4 subdivision provided the anchoring standards of Section 7-172 (b)
5 and the elevation standards of Section 7-173 (a) are met.
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SECTION 3.
CONFLICT.
All ordinances
or parts of
7 ordinances in conflict herewith are hereby repealed.
8
SECTION 4.
CODIFICATION. It is the intention of the
9 City Council of the City of Sebastian, Indian River County,
10 Florida, and it is hereby provided that the provisions of this
11 Ordinance shall become and be made a part of the Code of
12 Ordinances of the City of Sebastian, Florida; that the sections
13 of this Ordinance may be renumbered or relettered to accomplish
14 such intention; and that the word "ordinance" may be changed to
15 "section", "article", or other appropriate designation.
16
SECTION 5.
SEVERABILITY.
In the event a court of
17 competent jurisdiction shall hold or determine that any part of
18 this Ordinance is invalid or unconstitutional, the remainder of
19 the Ordinance shall not be affected and it will be presumed that
20 the City Council of the City of Sebastian did not intend to enact
21 such invalid or unconstitutional provision. It shall further be
22 assumed that the City Council would have enacted the remainder of
23 this Ordinance without
said
invalid
and unconstitutional
24 provision, thereby causing said remainder to remain in full force
25 and effect.
26
_ -S~CTION 6.
EFFECTIVE DATE.
This Ordinance shall take
27 effect immediately upon final passage.
28 CITY OF SEBASTIAN, FLORIDA
29 ~
~~ BY( !r::LJ t V~
32 Richard B. Votapka, Mayor
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34 ATTEST:
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42 I HEREBY CERTIFY that the City Council of the City of
43 Sebastian has enacted this ordinance pursuant to the emergency
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ordinance provisions set forth in Section 166.041(3)(b), Florida
Statutes (1987) and that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute; that a public hearing
Ordinance at 7:00 p.m. one the ~ day of j
1989, and that following said public hearing, thi
passed by the City Council.
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12 Kathyr M. O'Halloran, CMC/AAE
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Ci ty .cle.rk
Approved as to Form and Content:
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Charles Ian Nash, City Attorney
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