HomeMy WebLinkAboutO-11-03ORDINANCE NO. 0 -11 -03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
REPEALING CHAPTER 46 OF THE CODE OF ORDINANCES IN ITS
ENTIRETY AND ENACTING A NEW CHAPTER 46 RELATING TO
FLOOD DAMAGE PREVENTION; REPEALING SECTIONS 54 -3 -12.15
THROUGH 54 -3- 12.17, INCLUSIVE, OF ARTICLE XII OF THE LAND
DEVELOPMENT CODE, ENTITLED SURFACE WATER
MANAGEMENT; REPEALING ARTICLE XIII OF THE LAND
DEVELOPMENT CODE IN ITS ENTIRETY, ENTITLED FLOOD
PROTECTION; AMENDING ARTICLE XXII OF THE LAND
DEVELOPMENT CODE ENTITLED LANGUAGE AND DEFINTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted the first Sebastian Flood Damage Prevention
Code on April 9, 1980; and
WHEREAS, the City Council later modified the Flood Damage Prevention Code on
September 28, 1988; and
WHEREAS, following a Community Assistance Contact (CAC) conducted by the State
of Florida Division of Emergency Management to review Sebastian's participation in the
National Flood Insurance Program (NFIP), certain deficiencies were identified in Sebastian's
floodplain management regulations; and
WHEREAS, portions of the Land Development Code substantially duplicate Chapter 46
of the Code of Ordinances; and
WHEREAS, the City Council believes that it is in the best interests of the health, safety,
and general welfare of the community to enact a new Chapter 46 of the Code of Ordinances
entitled Floods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. REPEALERS AND DELETIONS. Chapter 46 of the Code of
Ordinances of the City of Sebastian consisting of Sections 46 -1 through 46 -60 is hereby repealed
in its entirety. A portion of Article XII of the Land Development Code of the City of Sebastian
consisting of Sections 54 -3 -12.15 through 54 -3- 12.17, inclusive, is hereby repealed. Article XIII
of the Land Development Code of the City of Sebastian consisting of Sections 54 -3 -13.1 through
54 -3 -13.21 is hereby repealed in its entirety. Article XXII, Section 54 -5 -22.2 of the Land
Development Code of the City of Sebastian, entitled Language and Definitions is hereby
amended by deleting therefrom the following definitions:
Area of shallow flooding
Area of special flood hazard
Basement
Breakaway wall
Coastal high hazard area
Elevated building
Flood hazard boundary map (FHBM)
Flood hazard zone
Flood insurance rate map (FIRM)
Flood insurance study
Floodplain
Floodway
Functionally dependent facility
Lowest floor (reference level)
Watercourse
Section 2. The Code of Ordinances of the City of Sebastian is hereby amended by
adding a new Chapter 46 to be numbered Section 46 -1 through Section 46 -28, as follows:
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Sec. 46 -1 Statutory Authorization
Sec. 46 -2 Findings of Fact
Sec. 46 -3 Statement of Purpose
Sec. 46 -4 Objectives
Sec. 46 -5 Definitions
Sec. 46 -15
Sec. 46 -16
Sec. 46 -17
Sec. 46 -18
Sec. 46 -19
Sec. 46 -20
Sec. 46 -21
Sec. 46 -22
Sec. 46 -23
Chapter 46
FLOODS
Article I. Statutory Authorization, Findings Of Fact,
Purpose, And Objectives
Article II. Definitions
Article III. General Provisions
Sec. 46 -6 Lands to which this article applies
Sec. 46 -7 Basis for establishing the areas of special flood hazard
Sec. 46 -8 Designation of floodplain administrator
Sec. 46 -9 Establishment of development permit
Sec. 46 -10 Compliance
Sec. 46 -11 Abrogation and greater restrictions
Sec. 46 -12 Interpretation
Sec. 46 -13 Warning and disclaimer of liability
Sec. 46 -14 Penalties for violation
Article IV. Administration
Permit procedures
Duties and responsibilities of the floodplain administrator
Article V. Provisions For Flood Hazard Reduction
General standards
Specific standards
Specific standards for A -Zones without base flood elevations and
regulatory floodways.
Standards for AO -Zones
Standards for coastal high hazard areas (V- Zones)
Article VI. Variance Procedures
Designation of variance and appeals board
Duties of variance and appeals board
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Sec. 46 -24
Sec. 46 -25
Sec. 46 -26
Sec. 46 -27
Sec. 46 -28
Variance procedures
Conditions for variances
Variance notification
Historic structures
Structures in regulatory floodway
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ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE, AND OBJECTIVES
Sec. 46 -1 Statutory Authorization
The Legislature of the State of Florida has authorized and delegated in Chapter 166, Florida Statutes, the
responsibility of local government units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the City Council of the City of Sebastian does hereby adopt the
following floodplain management regulations.
Sec. 46 -2 Findings of Fact
Chapter 46
FLOODS
(1) The flood hazard areas of the City of Sebastian 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.
(2) 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, flood proofed, or otherwise unprotected from
flood damages.
Sec. 46 -3 Statement of Purpose
It is the purpose of this article to save lives, promote the public health, safety and general welfare, and minimize
public and private losses due to flood conditions in specific areas by provisions designed to:
Restrict or prohibit uses which are dangerous to life, health, safety and property due to water or erosion
hazards, which result in damaging increases in erosion or in flood heights and velocities;
(2) Require that uses vulnerable to floods including facilities which serve such uses be protected against flood
damage throughout their intended life span;
(1)
(3)
(1)
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are
involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which
may increase flood hazards to other lands.
Sec. 46 -4 Objectives
The objectives of this article are to:
Protect human life, health and to eliminate or minimize property damage;
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(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the
expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and
sewer lines, roadways, and bridges and culverts located in floodplains;
(6) 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
(7) Ensure that potential homebuyers are notified that property is in a flood hazard area.
Sec. 46 -5 Definitions
ARTICLE II. 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.
Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of property as the
principal structure and the use of which is incidental to the use of the principal structure. Accessory structures
should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal
flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns,
and hay sheds.
Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this article
or a request for a variance.
Area of shallow flooding means a designated AO or AH Zone on the community'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. Such flooding is
characterized by ponding or sheet flow.
Area of special 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. This term is synonymous with the phrase "special flood hazard area."
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called
the "100 -year flood" and the "regulatory flood Base flood is the term used throughout this article.
Base Flood Elevation means the water- surface elevation associated with the base flood.
Basement means any portion of a building having its floor sub -grade (below ground level) on all sides.
Breakaway wall 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 without causing damage to the elevated
portion of the building or the supporting foundation system.
Building see Structure.
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Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a
primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on the FIRM as Zone VI V30, VE, or V.
Datum A reference surface used to ensure that all elevation records are properly related. The current national datum
is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the
North American Vertical Datum (NAVD) of 1988.
Development means any man -made change to improved or unimproved real estate, including, but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of
materials or equipment.
Elevated building means a non basement building built to have the lowest floor elevated above the ground level by
foundation walls, posts, piers, columns, pilings, or shear walls.
Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent
structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Existing Construction means, for the purposes of floodplain management, structures for which "the start of
construction" commenced before April 4, 1980 (effective date of Sebastian's original Flood Damage Prevention
Code). Existing construction, means for the purposes of determining rates, structures for which the "start of
construction" commenced before May 4, 1989 (effective date of Sebastian's first FIRM). This term may also be
referred to as "existing structures
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before April 4, 1980.
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Flood or flooding means:
(a) 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.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of
this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas,
as when earth is carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along a shore of a lake or other body of water as the result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by
an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated
force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph (a) (1) of this definition.
Flood Boundary and Floodway Map (FBFM) means the official map of the community on which the Federal
Emergency Management Agency (FEMA) has delineated the areas of special flood hazard and regulatory
floodways.
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Flood Hazard Boundary Map (FHBM) means an official map of the community, issued by FEMA, where the
boundaries of the areas of special flood hazard have been identified as only Approximate Zone A.
Flood Insurance Rate Map (FIRM) means an official map of the community, issued by FEMA, which delineated
both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) means the official hydrology and hydraulics report provided by FEMA. The study
contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water
surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood
related erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where applicable),
and other related data and information.
Floodplain means any land area susceptible to being inundated by water from any source (see definition of
"flooding
Floodplain management means the operation of an overall program of corrective and preventive measures for
reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including
but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open
space plans.
Floodplain Administrator is the individual appointed to administer and enforce the floodplain management
regulations of the community.
Floodplain management regulations means this article and other zoning articles, subdivision regulations, building
codes, health regulations, special purpose articles (such as floodplain article, grading article, and erosion control
article), and other applications of police power which control development in flood -prone areas. This term describes
Federal, State of Florida, or local regulations in any combination thereof, which provide standards for preventing
and reducing flood loss and damage.
Floodproofing means any combination of structural and non structural additions, changes, or adjustments to
structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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 a designated
height.
Floodway fringe means that area of the one percent (base or 100-year) floodplain on either side of the regulatory
floodway.
Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for
purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave
action, blockage of bridge or culvert openings, and hydrological effect of urbanization of the watershed, which could
contribute to flood heights greater than the heights calculated for a selected frequency flood and floodway
conditions.
Free of Obstruction means any type of lower area enclosure or other construction element will not obstruct the
flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an
elevated building during a base flood event. This requirement applies to the structures in velocity zones (V- Zones).
Functionally dependent use means a use that 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.
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Hardship as related to variances from this article means the exceptional difficulty associated with the land that
would result from a failure to grant the requested variance. The community requires that the variance is exceptional,
unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved
through other means without granting a variance, even if the alternative is more expensive, or requires the property
owner to build elsewhere or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction,
next to the proposed walls of a structure.
Historic Structure means any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register:
b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a
registered historic district:
c) Individually listed on the Florida inventory of historic places, which has been approved by the Secretary of the
Interior; or
d) Individually listed on a local inventory of historic places in communities with historic preservation programs
that have been certified either:
1. By the approved Florida program as determined by the Secretary of the Interior, or
2. Directly by the Secretary of the Interior.
Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk,
patio, deck support, or basement entryway immediately next to the structure.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement,
is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design standards of this article.
Mangrove Stand means an assemblage of mangrove trees which are mostly low trees noted for a copious
development of interlacing adventitious roots above ground and which contain one or more of the following species:
Black mangrove (Avicennia Nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia
Racemosa); and buttonwood (Conocarpus Erecta).
Manufactured home means a building, 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. The term
also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
Market value means the building value, which is the property value excluding the land value and that of the
detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller) as
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established by what the local real estate market will bear. Market value can be established by an independent
certified appraisal (other than a limited or curbside appraisal, or one based on income approach), Actual Cash Value
(replacement cost depreciated for age and quality of construction of building), or adjusted tax assessed values.
Mean Sea Level 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 floodplain. For purposes of this article, the term is synonymous with
National Geodetic Vertical Datum (NGVD) of 1929, or North American Vertical Datum (NAVD) of 1988.
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference for establishing
varying elevations within the floodplain.
New Construction means, for floodplain management purposes, any structure for which the "start of construction"
commenced on or after April 4, 1980 (effective date of Sebastian's original Flood Damage Prevention Code). The
term also includes any subsequent improvements to such structures. For flood insurance rates, structures for which
the start of construction commenced on or after May 4, 1989 (effective date of Sebastian's first FIRM), and includes
any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after April 4, 1980 (effective date of Sebastian's original Flood Damage
Prevention Code).
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for establishing
varying elevations within the floodplain.
Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep
seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and
overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune
occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground.
Program deficiency means a defect in the community's floodplain management regulations or administrative
procedures that impairs effective implementation of those floodplain management regulations or of the standards
required by the National Flood Insurance Program.
Public safety and nuisance means anything which is injurious to safety or health of the entire community or a
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be
removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or
proposed buildings.
Recreational vehicle means a vehicle that is:
a) Built on a single chassis;
b) 400 square feet or less when measured at the largest horizontal projection;
c) Designed to be self propelled or permanently towable by a light duty truck; and
d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
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Regulatory 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
a designated height.
Remedy a deficiency or violation means to bring the regulation, procedure, structure or other development into
compliance with State of Florida, Federal, or local floodplain management regulations; or if this is not possible, to
reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of this article or otherwise
deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other
development.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Sand dune means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Shallow flooding see area of shallow flooding.
Special flood hazard area see area of special flood hazard.
Start of construction means, for other than new construction and 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 180 days of the
permit date. The actual start means the first placement of permanent construction of a building (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 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 building. For substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
Storm cellar means a place below grade used to accommodate occupants of the structure and emergency supplies as
a means of temporary shelter against severe tornadoes or similar windstorm activity.
Structure means, for floodplain management purposes, a walled and roofed building, including gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure,
the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless
of the actual repair work performed. This term does not, however, include any repair or improvement of a structure
to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have
been identified by the local code enforcement official prior to the application for permit for improvement, and which
are the minimum necessary to assure safe living conditions. This term does not include any alteration of a historic
structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction,
rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the
streets, utilities and pads before the repair, reconstruction or improvement commenced.
Variance is a grant of relief from the requirements of this article.
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Violation means the failure of a structure or other development to be fully compliant with the requirements of this
article. A structure or other development without the elevation certificate, other certifications, or other evidence of
compliance required in this article is presumed to be in violation until such time as that documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters
flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage
may occur.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or
the North American Vertical Datum (NAVD) of 1988, of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
Sec. 46 -6 Lands to which this article applies
This article shall apply to all areas of special flood hazard within the jurisdiction of the City Council of the City of
Sebastian.
Sec. 46 -7 Basis for establishing the areas of special flood hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance
Study (FIS) for the City of Sebastian, dated May 4, 1989, with the accompanying maps and other supporting data,
and any subsequent revisions thereto, are adopted by reference and declared to be a part of this article. The Flood
Insurance Study and Flood Insurance Rate Maps are on file at City Hall, City of Sebastian, 1225 Main Street,
Sebastian, FL.
Sec. 46 -8 Designation of floodplain administrator
The City Council of the City of Sebastian hereby appoints the Building Official to administer and implement the
provisions of this article and is herein referred to as the Floodplain Administrator.
Sec. 46 -9 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.
Sec. 46 -10 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.
Sec. 46 -11 Abrogation and greater restrictions
ARTICLE III. GENERAL PROVISIONS
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.
Sec. 46 -12 Interpretation
In the interpretation and application of this article all provisions shall be:
(1) Considered as minimum requirements;
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(2) Liberally construed in favor of the governing body; and
(3)
Deemed neither to limit nor repeal any other powers granted under State of Florida statutes.
Sec. 46 -13 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 Council of the City of Sebastian or by any officer or employee thereof for any flood
damages that result from reliance on this article or any administrative decision lawfully made thereunder.
Sec. 46 -14 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 be
punishable for a non criminal violation. Any person who violates this article or fails to comply with any of its
requirements shall, upon adjudication therefore, be fined not more than $500, 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 actions as are necessary to prevent or remedy
any violation.
Sec. 46 -15 Permit procedures
(1) Application Stage:
ARTICLE IV. ADMINISTRATION
Application for a Development Permit shall be made to the Floodplain Administrator on forms furnished by him or
her 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 question; existing and
proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the
foregoing. Specifically, the following information is required:
a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
buildings;
b) Elevation in relation to mean sea level to which any non residential building will be flood
proofed;
c) Certificate from a registered professional engineer or architect that the non residential flood
proofed building will meet the flood proofing criteria in Article IV, Sec. 46 -15(2) and Article V,
Sec. 46- 18(2);
d) Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development; and
(e) Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of
the lowest floor and provide a certification from a registered engineer or architect indicating that
they have developed and/or reviewed the structural designs, specifications and plans of the
construction and certified that are in accordance with accepted standards of practice in Coastal
High Hazard Areas.
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(2) Construction Stage:
Sec. 46 -16 Duties and responsibilities of the floodplain administrator
Duties of the Administrator shall include, but are not be limited to:
(1) Review permits to assure sites are reasonably safe from flooding;
(2) Review all development permits to assure that the permit requirements of this article have been satisfied;
(3)
Upon placement of the lowest floor, or flood- proofing by whatever construction means, or bottom of the
lowest horizontal structural member it shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the NGVD or NAVD elevation of the lowest floor or flood proofed
elevation, or bottom of the lowest horizontal structural member of the lowest floor 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 Floodplain Administrator shall review the lowest floor and flood proofing
elevation survey data submitted. The permit holder immediately and prior to further progressive work
being permitted to proceed shall correct violations detected by such review. Failure to submit the survey or
failure to make said corrections required hereby shall be cause to issue a stop -work order for the project.
Require copies of additional Federal, State of Florida, or local permits, especially as they relate to Chapters
161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065; and 553, Part IV, Florida Statutes, be submitted
along with the development permit application and maintain such permits on file with the development
permit;
(4) Notify adjacent communities, the Florida Department of Community Affairs Division of Emergency
Management NFIP Coordinating Office, St. Johns River Water Management District, the Federal
Emergency Management Agency, and other Federal and/or State of Florida agencies with statutory or
regulatory authority prior to any alteration or relocation of a watercourse;
(5) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is
maintained;
(6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A- Zones) or
bottom of the lowest horizontal structural member of the lowest floor (V- Zones) of all new and
substantially improved buildings, in accordance with Article V, Sec. 46 -18(1) and (2) and Sec. 46- 21(2),
respectively;
(7) Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially
improved buildings have been flood proofed, in accordance with Article V, Sec. 46- 18(2);
(8) Review certified plans and specifications for compliance. When flood proofing is utilized for a particular
building, certification shall be obtained from a registered engineer or architect certifying that all areas of
the building, together with attendant utilities and sanitary facilities, 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 effects of buoyancy in compliance
with Article V, Sec. 46 -18(2) of this article. In Coastal High Hazard Areas, certification shall be obtained
from a registered professional engineer or architect that the building is designed and securely anchored to
pilings or columns in order to withstand velocity waters and hurricane wave wash. Additionally in Coastal
High Hazard Areas, if the area below the lowest horizontal structural member of the lowest floor is
enclosed, it may be done so with open wood lattice and insect screening or with non supporting breakaway
walls that meet the standards of Article V, Sec. 46 -21(6) of this article;
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(9)
Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a
conflict between a mapped boundary and actual field conditions, the Floodplain Administrator 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 and floodway data have not been provided in accordance with Article III,
Sec. 46 -7, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a Federal, State of Florida, or any other source, in order to administer the
provisions of Article V;
(11) Coordinate all change requests to the FIS, FIRM and FBFM with the requester, State of Florida, and
FEMA, and
(12) Where Base Flood Elevation is utilized, obtain and maintain records of lowest floor and floodproofing
elevations for new construction and substantial improvements in accordance with Article V, Sec. 46 -18(1)
and (2), respectively.
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 46 -17 General standards
In all areas of special flood hazard, all development sites including new construction and substantial improvements
shall be reasonably safe from flooding, and meet the following provisions:
(1)
(2) Manufactured homes shall be anchored to prevent flotation, collapse, and 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 and consistent with applicable State of Florida requirements for resisting
wind forces;
(3)
(5)
(7)
(9)
New construction and substantial improvements shall be designed or modified and adequately anchored to
prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
New construction and substantial improvements shall be constructed with materials and utility equipment
resistant to flood damage;
(4) New construction and substantial improvements shall be constructed by methods and practices that
minimize flood damage;
Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including
duct work, shall be designed and /or located so as to prevent water from entering or accumulating within the
components during conditions of flooding;
(6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood
waters into the systems;
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;
(8) On -site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding;
Any alteration, repair, reconstruction or improvements to a building that 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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(10) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the
provisions of this article, shall be undertaken only if said non conformity is not furthered, extended, or
replaced;
(11) All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the
Floodplain Administrator along with the application for development permit. Copies of such permits shall
be maintained on file with the development permit. State of Florida permits may include, but not be
limited to, the following:
(1)
(a) St. Johns River Water Management District: in accordance with Chapter 373.036 Florida Statutes,
Section (2) (a) Flood Protection and Floodplain Management;
(b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State
Concern, and Chapter 553, Part IV F.S., Florida Building Code;
(c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and
Disposal Systems; and
(d) Department of Environmental Protection, Coastal Construction Control Line: in accordance with
Chapter 161.053 F.S. Coastal Construction and Excavation.
(12) Standards for Subdivision Proposals and other new Proposed Development (including manufactured
homes):
(a) Such proposals shall be consistent with the need to minimize flood damage;
(b) Such proposals shall have public utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize or eliminate flood damage; and
(c) Such 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.
(13) When proposed new construction and substantial improvements are partially located in an area of special
flood hazard, the entire structure shall meet the standards for new construction.
(14) When proposed new construction and substantial improvements are located in multiple flood hazard risk
zones or in a flood hazard risk zone with multiple base flood elevations, the entire structure shall meet the
standards for the most hazardous flood hazard risk zone and the highest base flood elevation.
Sec. 46 -18 Specific standards
In all A -Zones where base flood elevation data have been provided (Zones AE, A1-30, A (with base flood
elevation), and AH), as set forth in Article III, Sec. 46 -7, the following provisions, in addition to those set forth in
Article V, Sec. 46 -17, shall apply:
Residential Construction. All new construction and substantial improvement of any residential building
(including manufactured home) shall have the lowest floor, including basement, elevated to no lower than
the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, there must
be a minimum of two openings on different sides of each enclosed area sufficient to facilitate automatic
equalization of flood hydrostatic forces in accordance with standards of Article V, Sec. 46- 18(3).
(2) Non Residential Construction. All new construction and substantial improvement of any commercial,
industrial, or non residential building (including manufactured home) shall have the lowest floor, including
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(3)
basement, elevated to no lower than the base flood elevation. All buildings located in A -Zones may be
flood proofed, in lieu of being elevated, provided that all areas of the building components, together with
attendant utilities and sanitary facilities, below the base flood 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 effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of this subsection are satisfied using the FEMA
Floodproofing Certificate. Such certification along with the corresponding engineering data, and the
operational and maintenance plans shall be provided to the Floodplain Administrator.
Enclosures below the Lowest Floor. New construction and substantial improvements that include fully
enclosed areas formed by foundation and other exterior walls below the lowest floor 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.
(a) Designs for complying with this requirement must either be certified by a professional engineer or
architect or meet or exceed the following minimum criteria:
(i) Provide a minimum of two openings on different sides of each enclosed area having a total
net area of not less than one square inch for every square foot of enclosed area subject to
flooding;
(ii) The bottom of all openings shall be no higher than one foot above adjacent interior grade
(which must be equal to or higher in elevation than the adjacent exterior grade); and
(iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided they provide the required net area of the openings and permit the automatic flow of
floodwaters in both directions.
(b) Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and
building access. Access to the enclosed area shall be minimum necessary to allow for parking of
vehicles (garage door), limited storage of maintenance equipment used in connection with the premises
(standard exterior door), or entry to the living area (stairway or elevator); and
(c) The interior portion of such enclosed area shall not be finished or partitioned into separate rooms.
(d) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation.
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All manufactured homes that are placed, or substantially improved within Zones Al -30, AH, and
AE, on sites (i) outside of an existing manufactured home park or subdivision, (ii) in a new
manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home
park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood, the lowest floor be
elevated on a permanent foundation to no lower than the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
(b) All manufactured homes to be placed or substantially improved in an existing manufactured home
park or subdivision that are not subject to the provisions of paragraph 4 (a) of this Section, must be
elevated so that either:
(i) The lowest floor of the manufactured home is elevated to no lower than the base flood
elevation, or
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(ii) The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least an equivalent strength that are no less than 36 inches in height above
the grade and securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(c) Placement of manufactured homes is prohibited within the regulatory floodway, except in an
existing manufactured 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 Article V, Sec. 46- 17(2), the elevation standards of Article V, Sec. 46 -18(1) and (2),
and the encroachment standard of Article V, Sec. 46 -18(7) (a), are met.
(d) All recreational vehicles must either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices and has no permanently attached additions), or
(iii) Meet all the requirements for new construction, including anchoring and elevation
standards in accordance with Article V, Sec. 46 -18(4) (a) and (b).
(5) Adequate drainage paths around structures shall be provided on slopes to guide water away from structures
within Zone AH.
(6) Standards for waterways with established Base Flood Elevations, but without Regulatory Floodways
(7)
Located within the areas of special flood hazard established in Article III, Sec. 46 -7, where streams exist
for which base flood elevation data has been provided by the Federal Emergency Management Agency
without the delineation of the regulatory floodway (Zones AE and A1-30), the following provisions, in
addition to those set forth in Article V, Sec. 46 -18(1) through (5), shall apply:
(a) Until a regulatory floodway is designated, no new construction, substantial improvements, or other
development including fill shall be permitted within the areas of special flood hazard, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with all
other existing and anticipated development will not increase the water surface elevation of the
base flood more than one foot at any point within the community.
(b) Development activities which increase the water surface elevation of the base flood by more than
one foot may be allowed, provided that the developer or applicant first applies with the
community's endorsement for a conditional FIRM revision, and receives the approval of the
Federal Emergency Management Agency (FEMA).
Standards for waterways with established Base Flood Elevations and Floodways.
Located within areas of special flood hazard established in Article III, Sec. 46 -7, are areas designated as
floodways. Since the floodway is an extremely hazardous area due to the high velocity of flood waters
which carry debris, potential projectiles and have significant erosion potential, the following provisions, in
addition to those set forth in Article V, Sec. 46 -18(1) through (5), shall apply:
(a) Prohibit encroachments, including fill, new construction, substantial improvements and other
developments within the regulatory floodway unless certification (with supporting technical data)
by a registered professional engineer is provided through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice demonstrating that encroachments
would not result in any increase in flood levels during occurrence of the base flood discharge.
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(b) Placement of manufactured homes is prohibited within the regulatory floodway, except in an
existing manufactured 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 Article V, Sec. 46- 17(2), the elevation standards of Article V, Sec. 46 -18(1) and (2),
and the encroachment standard of Article V, Sec. 46 -18 (7) (a), are met.
(c) Development activities including new construction and substantial improvements within the
regulatory floodway that increase the base flood elevation may be allowed, provided that the
developer or applicant first applies with the community's endorsement for a conditional FIRM
revision, and receives the approval of FEMA.
(d) When fill is proposed, in accordance with the permit issued by the Florida Department of Health,
within the regulatory floodway, the development permit shall be issued only upon demonstration
by appropriate engineering analyses that the proposed fill will not increase the water surface
elevation of the base flood in accordance with Article V, Sec. 46 -18(7) (a).
(8) For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor of all
new construction and substantial improvements shall be elevated to no lower than the 100 -year flood
elevation established by the Florida Department of Environmental Protection or by FEMA in accordance
with Article III, Sec. 46 -7, whichever is higher. All non elevation design requirements of Article V, Sec.
46 -18 shall apply.
Sec. 46 -19 Specific standards for A -Zones without base flood elevations and regulatory floodways.
Located within the areas of special flood hazard established in Article III, Sec. 46 -7, where there exist A Zones for
which no base flood elevation data and regulatory floodway have been provided or designated by the Federal
Emergency Management Agency, the following provisions shall apply:
(1) Require standards of Article V, Sec. 46 -17.
(2) Require that all new subdivision proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include
within such proposals base flood elevation data. Standards set forth in Article V Sec. 46 -18 shall apply.
(3)
(5)
The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a Federal, State of Florida, or any other source, in order to administer the
provisions of this article. When such data is utilized, provisions of Article V, Sec. 46 -18 shall apply. The
Floodplain Administrator shall:
(a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement)
of all new and substantially improved structures,
(b) Obtain, if the structure has been floodproofed in accordance with the requirements of Article V,
Sec. 46- 18(2), the elevation in relation to the mean sea level to which the structure has been
floodproofed, and
(c) Maintain a record of all such information.
(4) Notify, in riverine situations, adjacent communities, the Florida Department of Community Affairs NFIP
Coordinating Office, and the St. Johns River Water Management District prior to any alteration or
relocation of a watercourse, and submit copies of such notifications to FEMA.
Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is
maintained.
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(6) Manufactured homes shall be installed using methods and practices that minimize flood damage. They
must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring
may include, but are not limited to, use of over the -top or frame ties to ground anchors. This requirement
is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces.
(7)
(3)
(1)
When the data is not available from any source, in accordance with standard set forth in Article V, Sec. 46-
19(2) of this section, the lowest floor of the structure shall be elevated in accordance with Article I, Sec.
26 -1. Standards set forth in Article V, Sec. 46 -18 shall apply.
Sec. 46 -20 Standards for AO -Zones
Located within the areas of special flood hazard established in Article III, Sec. 46 -7, are areas designated as shallow
flooding areas. These areas have flood hazards associated with base flood depths of one to three feet, where a
clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate; therefore, the
following provisions, in addition to Article V, Sec. 46 -17, apply:
(1) All new construction and substantial improvements of residential structures in all AO Zones shall have the
lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth
number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the
lowest floor, including basement, shall be elevated to no less than two feet above the highest adjacent
grade.
(2) All new construction and substantial improvements of non residential structures shall:
(a) Have the lowest floor, including basement, elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth
number is specified, the lowest floor, including basement, shall be elevated to at least two feet
above the highest adjacent grade, or
(b) Together with attendant utility and sanitary facilities be completely floodproofed to that level to
meet the floodproofing standard specified in Article V, Sec. 46- 20(2)(a).
Adequate drainage paths around structures shall be provided on slopes to guide water away from structures.
(4) Fully enclosed areas below the lowest floor that are subject to flooding shall meet the non elevation design
requirements of Article V, Sec. 46 -18.
Sec. 46 -21 Standards for coastal high hazard areas (V- Zones)
Located within areas of special flood hazard established in Article 3, Section B are Coastal High Hazard Areas,
designated as Zones V1-30, VE, or V (with BFE). The following provisions shall apply:
Meet the standards of Article IV, Sec. 46 -15, and Article V, Sec. 46 -17, Sec. 46- 18(except (46- 18(7), Sec.
46 -19, and Sec. 46 -20.
(2) All new construction and substantial improvements in Zones VI—V30, VE, and V (with BFE) shall be
elevated on pilings or columns so that:
(a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or
columns) is elevated to no lower than the base flood elevation whether or not the structure
contains a basement; and
(b) The pile or column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting simultaneously
on all building components. Water loading will be those values associated with the base flood.
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(3)
Wind loading values will be those required by applicable State of Florida or local, if more
stringent than those of the State of Florida, building standards.
(c) For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of
the lowest horizontal structural member of the lowest floor of all new construction and substantial
improvements shall be elevated to the 100 -year flood elevation established by the Florida
Department of Environmental Protection or the base flood elevation, whichever is the higher.
A registered professional engineer or architect shall develop or review the structural design, specifications
and plans for the construction, and shall certify that the design and methods of construction to be used are
in accordance with accepted standards of practice for meeting the provisions of this Section.
(4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member
of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The
Floodplain Administrator shall maintain a record of all such information.
(5) All new construction and substantial improvements shall be located landward of the reach of mean high
tide.
(6) Provide that all new construction and substantial improvements have the space below the lowest floor
either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice -work, or
insect screening intended to collapse under wind and water loads without causing collapse, displacement,
or other structural damage to the elevated portion of the building or supporting foundation system. For the
purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and
no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local
codes) may be permitted only if a registered professional engineer or architect certifies that the designs
proposed meet the following conditions:
a) Breakaway wall collapse shall result from water load less than that which would occur during the
base flood; and
b) The elevated portion of the building and supporting foundation system shall not be subject to
collapse, displacement, or other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and nonstructural). The water
loading shall be those values associated with the base flood. The wind loading values shall be
those required by applicable Florida or local, if more stringent than those of the State of Florida,
building standards.
(c) Such enclosed space shall be useable solely for parking of vehicles, building access, or storage.
Prohibit the use of fill for structural support. No development permit shall be issued for development
involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering
analyses that the subject fill does not cause any adverse impacts to the structure on site or other properties.
(8) Prohibit man -made alteration of sand dunes and mangrove stands that would increase potential flood
damage.
(9) Standards for Manufactured Homes
(a) All manufactured homes to be placed or substantially improved on sites: (i) Outside a
manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or, (iv) In an existing
manufactured home park or subdivision in which a manufactured home has incurred "substantial
damage" as the result of a flood, must meet the standards of Article V, Sec. 46 -21(2) though (8),
or
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(b) All manufactured homes placed or substantially improved on other sites in an existing
manufactured home park or subdivision shall meet the requirements of Article V, Sec. 46-
18(4)(b).
(10) Recreational vehicles placed on sites within Zones VE, V1 —V30, V (with base flood elevation) on the
FIRM either
(a) Be on the site for fewer than 180 consecutive days,
(b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices, and has no permanently attached
additions); or
(c) Meet the requirements of Article V, Sec. 46 -21(2) through (8).
(11) For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the
lowest horizontal structural member of the lowest floor of all new construction and substantial
improvements shall be elevated to the flood elevation established by the Florida Department of
Environmental Protection or the base flood elevation whichever is higher. All non- elevation design
requirements Article V, Sec. 46 -21(2) through (10) shall apply.
(12) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in coastal
high hazard area, the development permit shall be issued only upon demonstration by appropriate
engineering analyses that the proposed fill will not increase the water surface elevation of the base flood
nor cause any adverse impacts to the structure on site or other properties by wave ramping or deflection.
ARTICLE VI. VARIANCE PROCEDURES
Sec. 46 -22 Designation of variance and appeals board
The Board of Adjustment as established by the City Council of the City of Sebastian shall hear and decide appeals
and requests for variances from the requirements of this article.
Sec. 46 -23 Duties of variance and appeals board
The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is
made by the Floodplain Management Administrator in the enforcement or administration of this article. Any person
aggrieved by the decision of the board may appeal such decision to the Circuit Court.
Sec. 46 -24 Variance procedures
In acting upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant
factors, 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 of 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 to the facility of a waterfront location, where applicable;
22
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion
damage;
(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 of 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.
Sec. 46 -25 Conditions for variances
(1)
Variances shall only be issued when there is:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional
threats to public expense, create nuisance, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
(2) Variances shall only be issued upon a determination that the variance is the minimum necessary deviation
from the requirements of this article.
(3) The Floodplain Administrator shall maintain the records of all variance actions, including justification for
their issuance or denial, and report such variances in the community's NFIP Biennial Report or upon
request to FEMA and the State of Florida, Department of Community Affairs, NFIP Coordinating Office.
Sec. 46 -26 Variance notification
Any applicant to whom a variance is granted shall be given written notice over the signature of a community official
that:
(1) The issuance of a variance to construct a structure below the base flood elevation will result in increased
premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and
(2) Such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Clerk of Court and shall
be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
Sec. 46 -27 Historic structures
Variances may be issued for the repair or rehabilitation of "historic" structures meeting the definition in this article
upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a "historic" structure.
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Sec. 46 -28 Structures in regulatory floodway
Variances shall not be issued within any designated floodway if any impact in flood conditions or increase in flood
levels during the base flood discharge would result.
24
for
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 4. 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 shall be presumed that the City Council 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 or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
The foregoing Ordinance was moved for adoption by Councilmember Gilimor
The
motion was seconded by Councilmember coy and, upon being put to a vote,
the vote was as follows:
The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of
April 2011.
AT EST: attt
Mayor Jim Hill absent
Vice -Mayor Don Wright aye
Councilmember Andrea Coy aye
Councilmember Richard Gillmor aye
Councilmember Eugene Wolff aye
Scairrixb
uty City Clerk Jeanette Williams
ly A. Maio, MMC
City Clerk
25
CITY OF SEBASTIAN, FLORIDA
fly: Vice Mayor Don Wright
for Jim Hill, Mayor
Approved as to form and legality for
rel ray eby the City of Sebastian only:
Robert A. Ginsburg
City Attorney