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HomeMy WebLinkAbout03-03-2011 LPA Agenda1. CALL TO ORDER: 2. ROLL CALL: 3. OLD BUSINESS: 4. NEW BUSINESS: 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. DIRECTOR MATTERS: 10. ATTORNEY MATTERS: 11. ADJOURNMENT: CITY OF HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 AGENDA LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) THURSDAY, MARCH 3, 2011 Immediately following the PZ Commission meeting A. Public Hearing Review and Make Recommendation to City Council Regarding Ordinance 0 -11 -03 which Proposes to Amend the Land Development Code regarding Flood Damage Prevention: Sections referring to Surface Water Management, Flood Protection, and Language and Definitions. B. Discussion Review of Land Development Code Article V, Zoning District Regulations, Section 54 -2 -5.4 Consideration of Permitted 86 Conditional Uses for CR (Commercial Riverfront) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)- 589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. TO: Local Planning Agency DATE: February 24, 2011 RE: Ordinance No. 0 -11 -03 Flood Damage Prevention CITY of HOME OF PELICAN ISLAND GROWTH MANAGEMENT DEPARTMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 FROM: Jan King Growth Management Department Last year a Community Assistance Contact (CAC) was conducted by the State of Florida Division of Emergency Management to review Sebastian's participation in the National Flood Insurance Program (NFIP). As a result of that review, certain deficiencies were identified in Sebastian's floodplain management regulations, as noted in the CAC report (attached). To assist city staff, the Floodplain Management Specialist for the NFIP provided a model Flood Damage Prevention Ordinance In accordance with that document, staff has reorganized Chapter 46 of the Code of Ordinances and supplemented it with new definitions regarding manufactured homes, historic structures, lowest floor, recreational vehicles and substantial damage, and regulations regarding placement of manufactured homes and recreational vehicles. During the review of the existing Chapter 46 of the Code of Ordinances, staff identified numerous duplications of this code in the Land Development Code, Article XII Surface Water Management, and Article XIII Flood Protection. These duplications are unnecessary and are being removed from the Land Development Code. Definitions which are included in the new Chapter 46 of the Code of Ordinances are also being removed from the Land Development Code, Article XXII Language and Definitions. The proposed new Chapter 46 has been reviewed by the Division of Emergency Management NFIP Manager, Joy Duperault, who has confirmed that this ordinance will meet our needs for participation in the National Flood Insurance Program. The Sebastian Construction Board reviewed the proposed ordinance at their December 14, 2010 meeting and gave their recommendation of approval. The Local Planning Agency (Planning and Zoning Commission) is required to review proposed Land Development Code amendments. This ordinance proposes to modify the Code of Ordinances by replacing Chapter 46, and to modify the Land Development Code by deleting Article XII, Sections 54 -3 -12.15 through 54 -3- 12.17, Article XIII, Sections 54 -3 -13.1 through 54 -3 -13.21 and certain definitions in Article XXII, Section 54 -5 -22.2. STAFF RECOMMENDATION: Review Ordinance 0- 11 -03, and make a recommendation of approval to City Council. 2 ORDINANCE 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: 2 Sec. 46 -5 Definitions Chapter 46 FLOODS Article I. Statutory Authorization, Findings Of Fact, Purpose, And Objectives Sec. 46 -1 Statutory Authorization Sec. 46 -2 Findings of Fact Sec. 46 -3 Statement of Purpose Sec. 46 -4 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 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 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 3 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 4 Sec. 46 -1 Statutory Authorization Sec. 46 -2 Findings of Fact Chapter 46 FLOODS ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES 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. (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: (1) 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; (3) 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: (1) Protect human life, health and to eliminate or minimize property damage; 5 (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. 6 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 V1 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 defmition 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. 7 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. 8 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 9 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 fmal 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. 10 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. 11 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 Sec. 46 -11 Abrogation and greater restrictions ARTICLE III. GENERAL PROVISIONS 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. 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; 12 (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 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: (1) Application Stage: 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. 13 (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 proofmg 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; 14 (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 floodproofmg 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) (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; 15 (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: (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: (1) 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 16 (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 Floodproofmg 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 A1-30, 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 17 (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. 18 (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. 19 (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) 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 floodproofmg standard specified in Article V, Sec. 46- 20(2)(a). (3) 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: (1) 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 V1 —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. 20 (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 21 (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, V 1 —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) (4) The importance of the services provided by the proposed facility to the community; (5) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 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 defmition in this article upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure. 23 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 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 The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2011. ATTEST: Mayor Jim Hill Vice -Mayor Don Wright Councilmember Andrea Coy Councilmember Richard Gillmor Councilmember Eugene Wolff 25 CITY OF SEBASTIAN, FLORIDA By: Jim Hill, Mayor Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney 1. Are there any problems with the community's floodplain management regulations? None /1 Minor Serious 2. Are there problems with administrative and enforcement procedures? i1 None Minor Serious 3. Are there engineering or other problems with the maps or Flood Insurance Study? None Minor Serious 4. Are there other problems with the local floodplain management program? 1 None Minor Serious 5. Are there problems with the Biennial Report data? 11 No Yes f] Not available 6. Are there any programmatic issues or problems identified (not specific to this community)? ►1 No Yes 7. Are there any potential violations of the community's floodplain management regulations? Potential violations have been identified. 11 No violations have been identified. Actions are in progress to remedy any noted problems. COMMUNITY ASSISTANCE CONTACT REPORT National Flood Insurance Program Name of Community City of Sebastian Conducted By Agency Date of Contact Mollie Heibert State (FDEM) May 3, 2010 Floodplain Manager (FPM) Telephone E Mail Wayne Eseltine 772 589 -5537 Address of Local Official (both mailing address street if applicable) 1225 Main Street, Sebastian, Florida 32958 Name of CEO (and address, if different) and phone/ email Al Minner, City Manager aminner @cityofsebastian.org 772 388 -8203 SUMMARY OF FINDINGS County Community ID Indian River 120123 weseltine@cityofsebastian.org Page 1 BACKGROUND a.) Last CAC/ By Whom/ Results The City of Sebastian has never had a CAC. The last CA V was conducted by the State on March 27, 2000. Minor problems were found with the floodplain management regulations and administrative and enforcement procedures. Additionally potential violations of the floodplain management regulations were found. "Problems with three ECs. Need to amend ordinance to include lowest floor definition and correct FIRM FIS date." Note: Final follow -up not noted in FEMA's database. b.) History of Flood Problems/ Population/ Development/ Administration No flooding has occurred in the community within the past 12 months. According to the 2009 Biennial Report, Sebastian has a population of 22,924, with 2,292 people/ 650 structures within the SFHA. Much of the Community's development came to a halt with the downturn of the economy. However several subdivisions have begun building again, while 4 still remain dormant. Wayne Eseltine, the Building Department Director is the designated floodplain manager. He has been working in his current position for 6 years, and with the NFIP for 20 years. He works closely with Rebecca Grohall, Director of Growth Management, who has been working for the Community, and with the NFIP for 5 years, and Jan King, Manager of Growth Management, who has been working for the Community, and with the NFIP for 21 years. c.) Insurance Information Total Number of Policies: Total Premiums: Insurance in Force: Total Number of Closed Paid Losses: 5 of Closed Paid Losses: Total Number of Minus Rated Policies: A Zone Minus Rated Policies: V Zone Minus Rated Policies: Nu SEBASTIAN, CITY OF INDIAN RIVER COUNTY Post Firm Minus Rated Policies ICC ber of Substantial Damage Closed Paid Losses: Insurance Overview As of 10131/2009 1,397 5634,445 5315,606,100 32 5754,095 State: C10 FLORCIA 120123 Total Number of Policies: Total Premiums: Insurance In force: Total Number of Closed Paid Losses: of Closed Paid Losses: 1 i'. Total Number of Policies: 1 Number of Closed Paid Losses: D of Closed Paid Losses: Total Number of ICC Closed Paid Losses: 0 t Number of Properties by Community: of ICC Closed Paid Losses: 50 Substantial Damage Losses Group Flood Insurance Manufactured Homes 1318 0 50 50! 50 20 2 $4.776 Page 2 d.) Repetitive Loss RL Losses (Total) RL Losses (Insured) RL Payments (Total) Buibint Contents RL Payments (insured) Butding Contents Post FIRM SFNA Ill Buildings: Community Repetitive Loss COMMUNITY SEBASTIAN. CITY OF VE, V1-30, V n g 0 r 0 3:00' 0 0 t 3.00 3.001 5.00 5.00 5.00 5.001 3.00 5.00' 5.00 0.00 0 Insured Buildings with 4 or More Losses: 0 Insured Buildings with2 -3 Losses Building Value: 0 Total Target RL Buildings: 0 NARRATIVE FOR QUESTIONS 1 -7 ABOVE The Community Assistance Contact telephone call was attended by: Wayne Eseltine (Director, Building Department), Rebecca Grohall (Director, Growth Management), Jan King (Manager, Growth Management), and Al Minner (City Manager) all of the City of Sebastian, and Mollie Heibert of FDEM. 1. Are there any problems with the community's floodplain management regulations? Minor. Please see Community Action Required at the end of this report. Several Definitions are missing from the ordinance (It was also noted in the last CAV conducted by the State that Sebastian's ordinance had several missing definitions which have still not been added to their ordinance): o Existing Manufactured Home Park or Subdivision o Expansion to an Existing Manufactured Home Park or Subdivision o Historic Structure o Lowest Floor o Manufactured Home Park or Subdivision o New Manufactured Home Park or Subdivision o Recreational Vehicle o Substantial Damage Regulations pertaining to manufactured homes placed within A1-30, AH, and AE Zones [The NFIP Federal Regulations for this can be found in 44 CFR 60.3(c)(6) and (c)(12)] All regulations pertaining to recreational vehicles within A1-30, AH, AE, V1 -30, VE, and V Zones [The NFIP Federal Regulations for this can be found in 44 CFR 60.3(c)(14) and (e)(9)] Page 3 2. Are there problems with administrative and enforcement procedures? No. 3. Are there engineering or other problems with the maps or Flood Insurance Study? Minor. On the current FIRMs, streets are not indentified, and if they are they are wrongly identified. However, Indian River County, which includes Sebastian, just received their preliminary DFIRMs shortly after this CAC was conducted, therefore hopefully these issues were resolved or can now be addressed. 4. Are there other problems with the local floodplain management program? No. 5. Are there problems with the Biennial Report data? No. They filled out the most recent (2009) Biennial Report. 6. Are there any programmatic issues or problems identified? No. 7. Are there any potential violations of the community's floodplain management regulations? No. MITIGATION GRANT ACTIVITY INTEREST There is currently no mitigation grant activity occurring in Sebastian; however they are interested in receiving contact information regarding these. Please see Action Required by the State at the end of this report. OTHER FINDINGS Someone seeking a development permit for residential construction submits an application with a survey to the Building Department where the flood zone is checked and the plans are reviewed. Growth Management then also conducts a review and approves the plans. o For commercial development the process remains the same, only the Growth Management Department makes a recommendation (instead of a final approval) for approval or denial to the Planning and Zoning Commission, who then has final approval of the development. o Those seeking a permit for subdivision development submit an application to the Growth Management Department who reviews the application and makes a recommendation for approval or denial to the City Council, who then has final approval of the development. 21 permits have been issued in the SFHA within the past three years. 3 of those have been issued within the past year. Page 4 No permits have been issued for substantial improvement Several structures have been determined to be substantially damaged. This occurred mostly after 2 hurricanes hit Sebastian. The structures were deemed unsafe and were demolished. No Variances have been issued There are manufactured home parks or subdivisions in the SFHA. However, only a small portion of these parks or subdivisions lie within the SFHA. Sebastian does regulate the installation and replacement of manufactured homes. Sebastian is very familiar with LOMAs. They receive approximately 50 LOMAs per year; they are mostly LOMR -Fs. The City reviews the letters and signs off on them for the residents. A survey and EC are required both before the slab is poured and at finished construction. Sebastian has one repetitive loss property that has not flooded recently. They participate in the LMS and attend the LMS meetings in the County. The community recently completed the Twin Ditches project. They dredged and replaced a seawall and stormwater main. They are also mowing in order to lower the flood risk in those areas. COMMUNITY ACTION The following actions are required to be completed by the Community by September 15, 2010: Update ordinance to include missing regulations regarding manufactured homes, recreational vehicles, and missing definitions; if any or all of these regulations are contained in another part of the LDR, please provide the applicable sections that contain the missing regulations. The following actions are suggested: Check the Florida Floodplain Management Association's webpage for training opportunities (www.ffma.net). FOLLOW UP BY STATE The State has done or will do the following by September 15, 2010: Send contact information for Mitigation Grants. Send contact information for CFM Training Classes and Certification. Page 5 CITY OF SEBASTIAN ZONING DISTRICT REGULATIONS LDC5:47 54 -2 -5.14 P Permitted Use C Conditional Use a Sd U U U U U 0 /d a NI :XX X a a I no U a a a R;3 U a a 0 a a a 03 U a U a a a 73 U a U grg a a a gTg 0 a U U 0 a a HP1T a a a a U U a s 81VI U U U 0 0 OI n, P. r) r) n P. 07 r U Og Og U U 0p-au Of S I 0 U U 1RESIDENTIAL USES Single- family dwellings 'Duplex dwellings Multiple family dwellings I Vehicular storage areas !Accessory uses to permitted uses Foster care/group home with resi- dents Foster care/group homes with 6 resi- dents Model homes I Guest houses I Home occupations 'Accessory residential uses Residential uses accessory to permitted uses All uses permitted in RM -8 COMMUNITY FACILITIES Airport facilities sa3jM s 9.1E0 pTitm I 1Cultural or civic facilities Schools, public and private I Educational ipox ix e marine related 1 Equestrian facilities 1 Golf course and support facilities 1 saRiltaej a.IEa aAtsuaJut pun slnRdsoH Nursing homes CITY OF SEBASTIAN ZONING DISTRICT REGULATIONS LDC5:47 54 -2 -5.14 P Permitted Use C Conditional Use 54 -2 SEBASTIAN LAND DEVELOPMENT CODE LDC5:48 U C T 0 4 0 0 I Sd U U U U NI P r4 a U 0 NI U a U a a a U a U 0 0 &A1O 0 a C.) (II aa U as .4 U0 0 210 U aU as U U aU pa I s U U U 03 U 0 a U 0 a 70 s U U U 170 U a 0 a U gig s U U U grg U a a a U HIY U U 0 HW2I U 8 U U U U 8 U U OT U Cr) U U or-S2II U Og Og-s2I 0p -a2II COMMUNITY FACILITIES Churches Clubs and lodges, public and private Administrative services, public and pri- vate a4untad puu atlgnd `saPilPn I atlgnd `uonuaaaaa puu sxau; I f !Parks public with stadium lighting f Protective and emergency services, pub- lic i f !COMMERCIAL ACTIVITIES 'Accessory uses to conditional uses Accessory watchman facilities I Adult entertainment 1 sdous aplaul puu tug I f I Bars and lounges h ied and breakfast f Boat sales and rentals Business professional offices, exclud- ing drive- through facilities f Business professional offices, with drive- through facilities I I Commercial amusement, enclosed f Commercial amusement, unenclosed j Time share facilities Commercial retail 5,000 sq. ft. 1 Commercial retail 5,000 sq. ft. I Commercial retail 10,000 sq. ft. 1 I Commercial retail 10,000 sq. ft. 1 I Commercial retail 20,000 sq. ft. 54 -2 SEBASTIAN LAND DEVELOPMENT CODE LDC5:48 ZONING DISTRICT REGULATIONS 54 -2 -5.14 5,k) LDC5:49 U 0 C..)a a s as a aaa a U o0a X 0 a CR c�a O a flu a a a0a 0 as 00 00 ac)a as 0 as U U a a 0 0 a a s U a H14 Or-S27I 0g ofraul COMMERCIAL ACTIVITIES I uommercial retail 20,000 sq. ft. r'armer's market r'ish markets and packing facilities 1r iea market Yawn shops section Ta zaun.a I sjeioui pus sialoi-i I se! A aT Ts?alsnpui Marine fuel sales Marine power sales and service Marine related specialty retail sales service I Meclical services sa2T3aa 2uprm.i I qoi ato uo s2uTpunq 4nou psA s4oT Zunia I I Ylant nurseries Restaurants, excluding drive- through fa- cilities Restaurants, including drive- through fa- cilities seopues palm's pine avail mre�aa `samss eu1Tosefl 1 6torage facilities ZONING DISTRICT REGULATIONS 54 -2 -5.14 5,k) LDC5:49 54 -2 SEBASTIAN LAND DEVELOPMENT CODE o 0 tal O v C.) cd o ti+ o -0 444 O Q) rn a� E o w rI w 1~ CI 0 o 0 o rn o 0 cn rd O cc U N o O 0 o V LDC5:50 Q w y p 0o`oW/I poo`oz/I I dS 00`0I/I P.4 HU a c V/N V/N 0 V/N z z U a U 98 98 93 1 98 93 93 OZ 93 c OT 1 oI c� og 91 OI 1 *9I OT 1 COMMERCIAL ACTIVITIES 0 or 101 veterinary services wet/dry storage of boats 1 Wholesale trades and services o 1 .L 017 08 Lgg I 9ti 1 93 1 oz TL OT c 08 1 o� 1 oT 1 98 t. o R .o d 09 99 09 1 09 1 08 1 Minimum Lot Q., y Q 09I 001 001 1 09I 9 00T� 08 1 08 J OL J 9ZT o y-� 000`0f7 .4156 009'6 1000`0T L009`L 20,0001 �az.r�szQ z C Conservation alslsT TeiluapisaT I Residential Single Family I I Residential Single Family I I medium Density Multi1y Residential: I diols -aun I auio�ow 1 Istaaatatuo7 paltuii'T ziq-( 1 g19 singe pseX luoa.,T All other front yards C.9 1 G; C N 1-,-1 O fy U V 54 -2 SEBASTIAN LAND DEVELOPMENT CODE o 0 tal O v C.) cd o ti+ o -0 444 O Q) rn a� E o w rI w 1~ CI 0 o 0 o rn o 0 cn rd O cc U N o O 0 o V LDC5:50 P.4 a c CR 0 U a U OI SXI Og SX op-au 1 COMMERCIAL ACTIVITIES aa was palsiaa pus sails asi nalilaA aausualuisui pus aaie.ias aBTnaivan veterinary services wet/dry storage of boats 1 Wholesale trades and services sgnTo lAasx 1 54 -2 SEBASTIAN LAND DEVELOPMENT CODE o 0 tal O v C.) cd o ti+ o -0 444 O Q) rn a� E o w rI w 1~ CI 0 o 0 o rn o 0 cn rd O cc U N o O 0 o V LDC5:50 54 -2 -5.3.3 (c) Conditional uses: Bars and lounges Commercial retail 20,000 sq. ft. Busine and professional offices drive- ough facilities Farmer's mar -t Funeral homes Pawn shops Nursing homes Child care services Utilities, public and private (d) Dimensional regulations: (1) Maximum FAR: 60% (2) Maximum height: 35 f: et. (3) Lot coverage: Maximum buildin Minimum open SEBASTIAN LAND DEVELOPMENT CODE coverage: 30% ace: 20% with Parks and recreation, public Protective and emergency services, public Rest rants with drive through facilities V- icular service and maintenance 'Veterinary services Wholesale trades and services Commercial amusements, enclosed Accessory uses to conditional uses Mini storage um impervious surface: 80% (4) Lot dimensio Minimum lo size: 10,000 square feet Minimum idth: 75 feet Minim depth: 125 feet (5) Minimum setbacks: Front yard with sidewalks, curb and gutters: None required. Front yard without sidewalks, curb and gutters: 6 feet Side yard: 5 feet minimum, except 30 feet when abutting a residential district. Rear yard: 10 feet; except 30 feet when abutting a residential district. Sec. 54- 2 -5.4. Commercial Riverfront (CR). (a) Intent: The purpose and intent of the CR District is to provide a management framework for implementing comprehensive plan objectives and policies for the riverfront mixed use designation illustrated on the future land use map. All development in the Commercial Riverfront District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. The CR District is intended to preserve the existing character of the riverfront area. The existing assets, including historical Supp. No. 1 LDC5:16 ZONING DISTRICT REGULATIONS 54 -2 -5.4 structures, shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational and commercial uses while protecting the environment. (b) Permitted uses: Cultural or civic facilities Churches Clubs and lodges, public and private Medical services Gasoline sales, retail Wet or dry storage of boats Trade and skilled services Marine power sales and service Hotels and motels Bait and tackle shops Accessory uses to permitted uses Educational institutions, marine related Administrative services, public and pri- vate (c) Conditional uses: Utilities, public and private Protective and emergency services, public Commercial retail 10,000 sq. ft. Bars and lounges Child care services Plant nurseries Funeral homes Wholesale trades and services Accessory uses to conditional uses (d) Size and dimension regulations: The following are the minimum size and dimension criteria for lots within this district. For lots located in the Riverfront Performance Overlay District, the additional requirements of the overlay district shall be complied with: LDC5:17 Business and professional offices, exclud- ing drive- through facilities Commercial retail S 10,000 sq. ft. Restaurants, excluding drive- through fa- cilities Home occupations Marine fuel sales Boat sales and rentals Fish markets and packing facilities Yacht clubs Parking lots without a building on the lot All uses permitted in the RM -8 Zoning District Parks and recreation, public Nursing homes Commercial amusements, enclosed Restaurants, with drive- through facilities Farmer's markets Veterinary services Business and professional offices with drive through facilities Vehicular service and maintenance 54 -2 -5.4 SEBASTIAN LAND DEVELOPMENT CODE (1) Maximum FAR: 60% (2) Maximum height: 35 feet (25 feet for properties located east of Indian River Drive) (3) Lot coverage: Maximum building coverage: 30% Minimum open space: 20% (4) Lot dimensions: Minimum lot size: 10,000 square feet Minimum width: 75 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard with sidewalks, curb and gutters: None Front yard without sidewalks, curb and gutters: 6 feet Side yard: 5 feet, except 10 feet when abutting a residential district or use. Rear yard: 10 feet, except 30 feet when abutting a residential district or use. (e) Riverfront design standards. Development shall comply with the design standards for the Riverfront Performance Overlay District, cited in article XXI. Sec. 54- 2 -5.5. Commercial Waterfront Residential District (CWR). (a) Intent. The purpose and intent of the CWR District is to provide a management framework for implementing comprehensive plan objectives and policies for the Riverfront Mixed Use designation illustrated on the future land use map. All development in the Commercial Waterfront Residential District shall comply with the comprehensive plan, performance criteria in chapt` III, as well as other pplicable land development regulations. The CWR District is intended preserve the exi ing character of the Riverfront area. The existing assets, including histo al structures all be protected, preserved and enhanced. The zoning district is intended to rovide for mixture of uses and a variety of opportunities for recreational, residential and co erci: uses while protecting the environment. (b) Permitted uses: Single family dwellings Duplex dwellings Multiple family dwellin: up to 8 units per acre Timeshare facilities Churches l Administrative services, public and pri- vate LDC5:18 Maximum impervious surface: 80% Clubs and lodges, public and private Business and professional offices, exclud- ing drive- through facilities Medical services Commercial retail 5 5,000 sq. ft. 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'seal jg,11 9 4; l .III 5tvr�n,�tna�c�lror:r„ ti 3'&°'0 7 15p7 HOME OF PELICAN ISLAND 104 102 101 98 21 1 103 02 121 I': 11 :NY 124 On OF Map produced by Growth Management Department September 2009 °"A-1, .ns;etmx:xYW 5 Mort h no. al,cx xs i 3 6 111 0 i v ti 1 LIU 71 1 r Legend Seb_Zoning_071709 ZONING Al c C -512 CG CL COUNTY CR CWR IN PS PUD -C PUD -MH PUD -R R -MH RE-40 RM -8 RS -10 RS -20 `111 toil u