HomeMy WebLinkAboutO-12-11ORDINANCE NO. 0-12-11
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, ADOPTION OF FLOOD HAZARD
MAPS, DESIGNATION OF A FLOODPLAIN ADMINISTRATOR, AND
ESTABLISHMENT OF PROCEDURES AND CRITERIA FOR
DEVELOPMENT IN FLOOD HAZARD AREAS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida
Statutes, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special
flood hazard areas within the boundaries of the City of Sebastian and such areas may
be subject to periodic inundation which may result in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare, and
WHEREAS, the City of Sebastian was accepted for participation in the National
Flood Insurance Program on April 15, 1980 and the Sebastian City Council desires to
continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
and 60, necessary for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida
Legislature to provide a mechanism for the uniform adoption, updating, amendment,
interpretation and enforcement of a state building code, called the Florida Building
Code; and
WHEREAS, Section 553.73(5), Florida Statutes, allows adoption of local
administrative amendments to the Florida Building Code to implement the National
Flood Insurance Program; and
WHEREAS, the Sebastian City Council has determined that it is in the public
interest to adopt the proposed floodplain management regulations that are coordinated
with the Florida Building Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Sebastian, Indian River County, Florida, as follows:.
Section 1. REPEALER. Chapter 46 of the Code of Ordinances of the
City of Sebastian consisting of Sections 46-1 through 46-28 is hereby repealed in its
entirety.
Section 2. CHAPTER 46 AMENDMENT. 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 46-76, as follows:
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Sec. 46-1
Sec. 46-2
Sec. 46-3
Sec. 46-4
Sec. 46-5
Sec. 46-6
Sec. 46-7
Sec. 46-8
Sec. 46-9
Sec. 46-10
Sec. 46-11
Sec. 46-12
Chapter 46
FLOODS
Article I. Administration
Division 1. General
Title.
Scope.
Intent.
Coordination with the Florida Building Code.
Warning.
Disclaimer of Liability.
Division 2. Applicability
General.
Areas to which this ordinance applies.
Basis for establishing flood hazard areas.
Other laws.
Abrogation and greater restrictions.
Interpretation.
Division 3. Duties and Powers of the Floodplain Administrator
Sec.46-13 Designation.
Sec.46-14 General.
Sec. 46-15 Applications and permits.
Sec. 46-16 Determinations for existing buildings and structures.
Sec. 46-17 Modifications of the strict application of the requirements of the Florida
Building Code.
Sec. 46-18 Notices and orders.
Sec. 46-19 Inspections.
Sec. 46-20 Other duties of the Floodplain Administrator.
Sec. 46-21 Floodplain management records.
Sec. 46-22
Sec. 46-23
Sec. 46-24
Sec. 46-25
Sec. 46-26
Sec. 46-27
Division 4. Permits
Permits required.
Floodplain development permits or approvals.
Application for a permit or approval.
Validity of permit or approval.
Expiration.
Suspension or revocation.
Sec. 46-28 Other permits required.
Division 5. Site Plans and Construction Documents
Sec. 46-29 Information for development in flood hazard areas.
Sec. 46-30 Information in flood hazard areas without base flood elevations
(approximate Zone A).
Sec. 46-31 Additional analyses and certifications.
Sec. 46-32 Submission of additional data.
Sec.46-33 General.
Sec. 46-34
Sec. 46-35
Sec. 46-36
Sec. 46-37
Sec. 46-38
Sec. 46-39
Sec. 46-40
Sec. 46-41
Sec. 46-42
Sec. 46-43
Division 6. Inspections
Division 7. Variances and Appeals
General.
Appeals.
Limitations on authority to grant variances.
Historic buildings.
Functionally dependent uses.
Considerations for issuance of variances.
Conditions for issuance of variances.
Division 8. Violations
Violations.
Authority.
Unlawful continuance.
Article II. Definitions
Division 1. General
Sec.46-44 Scope.
Sec. 46-45 Terms defined in the Florida Building Code.
Sec. 46-46 Terms not defined.
Division 2. Definitions
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Article III. Flood Resistant Development
Division 1. Buildings and Structures
Sec. 46-47 Design and construction of buildings, structures and facilities exempt from
the Florida Building Code.
Sec. 46-48 Buildings and structures seaward of the coastal construction control line.
Division 2. Subdivisions
Sec. 46-49 Minimum requirements.
Sec. 46-50 Subdivision plats.
Division 3. Site Improvements, Utilities and Limitations
Sec. 46-51 Minimum requirements.
Sec. 46-52 Sanitary sewage facilities.
Sec. 46-53 Water supply facilities.
Sec. 46-54 Limitations on sites in regulatory floodways.
Sec. 46-55 Limitations on placement of fill.
Sec. 46-56 Limitations on sites in coastal high hazard areas (Zone V).
Sec. 46-57
Sec. 46-58
Sec. 46-59
Sec. 46-60
Sec. 46-61
Sec. 46-62
Division 4. Manufactured Homes
General.
Foundations.
Anchoring.
Elevation.
Enclosures.
Utility equipment.
Division 5. Recreational Vehicles and Park Trailers
Sec. 46-63 Temporary placement.
Sec. 46-64 Permanent placement.
Division 6. Tanks
Sec. 46-65 Underground tanks.
Sec. 46-66 Above-ground tanks, not elevated.
Sec. 46-67 Above-ground tanks, elevated.
Sec. 46-68 Tank inlets and vents.
Division 7. Other Development
Sec. 46-69 General requirements for other development.
Sec. 46-70 Fences in regulated floodways.
Sec. 46-71 Retaining walls, sidewalks and driveways in regulated floodways.
Sec. 46-72 Roads and watercourse crossings in regulated floodways.
Sec. 46-73 Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard
areas (Zone V).
Sec. 46-74 Decks and patios in coastal high hazard areas (Zone V).
Sec. 46-75 Other development in coastal high hazard areas (Zone V).
Sec. 46-76 Nonstructural fill in coastal high hazard areas (Zone V).
ARTICLE I. ADMINISTRATION
DIVISION 1. GENERAL
Sec.46-1 Title.
These regulations shall be known as the Floodplain Management Ordinance of the City
of Sebastian, hereinafter referred to as "this ordinance."
Sec.46-2 Scope.
The provisions of this ordinance shall apply to all development that is wholly within or
partially within any flood hazard area, including but not limited to the subdivision of land;
filling, grading, and other site improvements and utility installations; construction, alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of
buildings, structures, and facilities that are exempt from the Florida Building Code;
placement, installation, or replacement of manufactured homes and manufactured
buildings; installation or replacement of tanks; placement of recreational vehicles;
installation of swimming pools; and any other development.
Sec. 46-3 Intent.
The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety, and general welfare and to minimize public and
private losses due to flooding through regulation of development in flood hazard areas
to:
(1) Minimize unnecessary disruption of commerce, access and public service
during times of flooding;
(2) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling
operations, storage of equipment or materials, and other development which
may increase flood damage or erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of
the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control
projects and response to and recovery from flood events; and
�
(8) Meet the requirements of the National Flood Insurance Program for
community participation as set forth in the Title 44 Code of Federal
Regulations, Section 59.22.
Sec. 46-4 Coordination with the Florida Building Code.
This ordinance is intended to be administered and enforced in conjunction with the
Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that
is referenced by the Florida Building Code.
Sec.46-5 Warning.
The degree of flood protection required by this ordinance and the Florida Building Code,
as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and
will occur. Flood heights may be increased by man-made or natural causes. This
ordinance does not imply that land outside of mapped special flood hazard areas, or that
uses permitted within such flood hazard areas, will be free from flooding or flood damage.
The flood hazard areas and base flood elevations contained in the Flood Insurance Study
and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of
Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency
Management Agency, requiring this community to revise these regulations to remain
eligible for participation in the National Flood Insurance Program. No guaranty of
vested use, existing use, or future use is implied or expressed by compliance with this
ordinance.
Sec. 46-6 Disclaimer of Liability.
This ordinance 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 damage that results from
reliance on this ordinance or any administrative decision lawfully made thereunder.
DIVISION 2. APPLICABILITY
Sec.46-7 General.
Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
Sec. 46-8 Areas to which this ordinance applies.
This ordinance shall apply to all flood hazard areas within the City of Sebastian, as
established in Sec. 46-9 of this ordinance.
Sec. 46-9 Basis for establishing flood hazard areas.
The Flood Insurance Study for Indian River County, Florida and Incorporated Areas
dated December 4, 2012, and all subsequent amendments and revisions, and the
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments
and revisions to such maps, are adopted by reference as a part of this ordinance and
shall serve as the minimum basis for establishing flood hazard areas. Studies and maps
that establish flood hazard areas are on file at the Office of Community Development,
City Hall, City of Sebastian, 1225 Main Street, Sebastian, Florida.
(1) Submission of additional data to establish flood hazard areas. To
establish flood hazard areas and base flood elevations, pursuant to Article I,
Division 5 of this ordinance the Floodplain Administrator may require
submission of additional data. Where field surveyed topography prepared by
a Florida licensed professional surveyor or digital topography accepted by the
community indicates that ground elevations:
a. Are below the closest applicable base flood elevation, even in areas
not delineated as a special flood hazard area on a FIRM, the area
shall be considered as flood hazard area and subject to the
requirements of this ordinance and, as applicable, the requirements of
the Florida Building Code.
b. Are above the closest applicable base flood elevation, the area shall
be regulated as special flood hazard area unless the applicant obtains
a Letter of Map Change that removes the area from the special flood
hazard area.
Sec. 46-10 Other laws.
The provisions of this ordinance shall not be deemed to nullify any provisions of local,
state or federal law.
Sec. 46-11 Abrogation and greater restrictions.
This ordinance supersedes any ordinance in effect for management of development in
flood hazard areas. However, it is not intended to repeal or abrogate any existing
ordinances including but not limited to land development regulations, zoning
ordinances, stormwater management regulations, or the F/orida Building Code. In the
event of a conflict between this ordinance and any other ordinance, the more restrictive
shall govern. This ordinance shall not impair any deed restriction, covenant or
easement, but any land that is subject to such interests shall also be governed by this
ordinance.
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Sec. 46-12 Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
(1)
�2)
(3)
Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under state
statutes.
DIVISION 3. DUTIES AND POWERS OF THE FLOODPLAIN
ADMINISTRATOR
Sec.46-13 Designation.
The Building Official is designated as the Floodplain Administrator. The Floodplain
Administrator may delegate performance of certain duties to other employees.
Sec.46-14 General. The Floodplain Administrator is authorized and directed to
administer and enforce the provisions of this ordinance. The Floodplain Administrator
shall have the authority to render interpretations of this ordinance consistent with the
intent and purpose of this ordinance and may establish policies and procedures in order
to clarify the application of its provisions. Such interpretations, policies, and procedures
shall not have the effect of waiving requirements specifically provided in this ordinance
without the granting of a variance pursuant to Article I, Division 7 of this ordinance.
Sec. 46-15 Applications and permits.
The Floodplain Administrator, in coordination with other pertinent offices of the
community, shall:
(1)
�2)
Review applications and plans to determine whether proposed new
development will be located in flood hazard areas;
Review applications for modification of any existing development in flood
hazard areas for compliance with the requirements of this ordinance;
(3) Interpret flood hazard area boundaries where such interpretation is necessary
to determine the exact location of boundaries; a person contesting the
determination shall have the opportunity to appeal the interpretation;
(4)
(5)
(6)
Provide available flood elevation and flood hazard information;
Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
Review applications to determine whether proposed development will be
reasonably safe from flooding;
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(7) Issue floodplain development permits or approvals for development other
than buildings and structures that are subject to the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building
Code, when compliance with this ordinance is demonstrated, or disapprove
the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in
flood hazard areas comply with the applicable provisions of this ordinance.
Sec. 46-16 Determinations for existing buildings and structures.
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of
the market value prepared by a qualified independent appraiser, of the
building or structure before the start of construction of the proposed work; in
the case of repair, the market value of the building or structure shall be the
market value before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the
flood resistant construction requirements of the F/orida Building Code and this
ordinance is required.
Sec.46-17 Modifications of the strict application of the requirements of the
Florida Building Code.
The Floodplain Administrator shall review requests submitted to the Building Official that
seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such
requests require the granting of a variance pursuant to Article I, Division 7 of this
ordinance.
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Sec. 46-18 Notices and orders.
The Floodplain Administrator shall coordinate with appropriate local agencies for the
issuance of all necessary notices or orders to ensure compliance with this ordinance.
Sec. 46-19 I nspections.
The Floodplain Administrator shall make the required inspections as specified in Article
I, Division 6 of this ordinance for development that is not subject to the Florida Building
Code, including buildings, structures and facilities exempt from the Florida Building
Code. The Floodplain Administrator shall inspect flood hazard areas to determine if
development is undertaken without issuance of a permit.
Sec. 46-20 Other duties of the Floodplain Administrator.
The Floodplain Administrator shall have other duties, including but not limited to:
(1) Establish, in coordination with the Building Official, procedures for
administering and documenting determinations of substantial improvement
and substantial damage made pursuant to Sec. 46-16 of this ordinance;
(2) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State
Floodplain Management Office, and submit copies of such notifications to the
Federal Emergency Management Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses
to support permit applications to submit to FEMA the data and information
necessary to maintain the Flood Insurance Rate Maps if the analyses
propose to change base flood elevations, flood hazard area boundaries, or
floodway designations; such submissions shall be made within 6 months of
such data becoming available;
(4) Review required design certifications and documentation of elevations
specified by this ordinance and the F/orida Building Code and this ordinance
to determine that such certifications and documentations are complete;
(5) Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Sebastian are modified; and
(6) Advise applicants for new buildings and structures, including substantial
improvements that are located in any unit of the Coastal Barrier Resources
System established by the Coastal Barrier Resources Act (Pub. L. 97-348)
and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that
federal flood insurance is not available on such construction; areas subject to
this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier
Resource System Areas" and "Otherwise Protected Areas."
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Sec. 46-21 Floodplain management records.
Regardless of any limitation on the period required for retention of public records, the
Floodplain Administrator shall maintain and permanently keep and make available for
public inspection all records that are necessary for the administration of this ordinance
and the flood resistant construction requirements of the Florida Building Code, including
Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and
documentation of elevations specified by the Florida Building Code and this ordinance;
notifications to adjacent communities, FEMA, and the state related to alterations of
watercourses; assurances that the flood carrying capacity of altered watercourses will
be maintained; documentation related to appeals and variances, including justification
for issuance or denial; and records of enforcement actions taken pursuant to this
ordinance and the flood resistant construction requirements of the Florida Building
Code. These records shall be available for public inspection at the office of Community
Development, City Hall, City of Sebastian, 1225 Main St., Sebastian, Florida.
DIVISION 4. PERMITS
Sec. 46-22 Permits required.
Any owner or owner's authorized agent (hereinafter "applicant") who intends to
undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly
within or partially within any flood hazard area shall first make application to the
Floodplain Administrator, and the Building Official if applicable, and shall obtain the
required permit(s) and approval(s). No such permit or approval shall be issued until
compliance with the requirements of this ordinance and all other applicable codes and
regulations has been satisfied.
Sec. 46-23 Floodplain development permits or approvals.
Floodplain development permits or approvals shall be issued pursuant to this ordinance for
any development activities not subject to the requirements of the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building Code.
Depending on the nature and extent of proposed development that includes a building or
structure, the Floodplain Administrator may determine that a floodplain development permit
or approval is required in addition to a building permit.
(1) Buildings, structures and facilities exempt from the Florida Building
Code. Pursuant to the requirements of federal regulation for participation in
the National Flood Insurance Program (44 C.F.R. Sections 59 and 60),
floodplain development permits or approvals shall be required for the
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following buildings, structures and facilities that are exempt from the Florida
Building Code and any further exemptions provided by law, which are subject
to the requirements of this ordinance:
a. Railroads and ancillary facilities associated with the railroad.
b. Nonresidential farm buildings on farms, as provided in section 604.50,
F.S.
c. Temporary buildings or sheds used exclusively for construction
purposes.
d. Mobile or modular structures used as temporary offices.
e. Those structures or facilities of electric utilities, as defined in section
366.02, F.S., which are directly involved in the generation,
transmission, or distribution of electricity.
f. Chickees constructed by the Miccosukee Tribe of Indians of Florida or
the Seminole Tribe of Florida. As used in this paragraph, the term
"chickee" means an open-sided wooden hut that has a thatched roof
of palm or palmetto or other traditional materials, and that does not
incorporate any electrical, plumbing, or other non-wood features.
g. Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered
on site and have walls, roofs, and a floor constructed of granite,
marble, or reinforced concrete.
h. Temporary housing provided by the Department of Corrections to any
prisoner in the state correctional system.
i. Structures identified in section 553.73(10)(k), F.S., are not exempt
from the Florida Building Code if such structures are located in flood
hazard areas established on Flood Insurance Rate Maps
Sec. 46-24 Application for a permit or approval.
To obtain a floodplain development permit or approval the applicant shall first file an
application in writing on a form furnished by the community. The information provided
shall:
(1) Identify and describe the development to be covered by the permit or
approval.
(2) Describe the land on which the proposed development is to be conducted by
legal description, street address or similar description that will readily identify
and definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is
intended.
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(4)
(5)
(6)
i7)
Be accompanied by a site plan or construction documents as specified in
Article I, Division 5 of this ordinance.
State the valuation of the proposed work.
Be signed by the applicant or the applicant's authorized agent.
Give such other data and information as required by the Floodplain
Administrator.
Sec. 46-25 Validity of permit or approval.
The issuance of a floodplain development permit or approval pursuant to this ordinance
shall not be construed to be a permit for, or approval of, any violation of this ordinance,
the Florida Building Codes, or any other ordinance of this community. The issuance of
permits based on submitted applications, construction documents, and information shall
not prevent the Floodplain Administrator from requiring the correction of errors and
omissions.
Sec.46-26 Expiration.
A floodplain development permit or approval shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance, or if the
work authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested
in writing and justifiable cause shall be demonstrated.
Sec. 46-27 Suspension or revocation.
The Floodplain Administrator is authorized to suspend or revoke a floodplain
development permit or approval if the permit was issued in error, on the basis of
incorrect, inaccurate or incomplete information, or in violation of this ordinance or any
other ordinance, regulation or requirement of this community.
Sec. 46-28 Other permits required.
Floodplain development permits and building permits shall include a condition that all
other applicable state or federat permits be obtained before commencement of the
permitted development, including but not limited to the following:
(1) The St. Johns River Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal
systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for construction,
reconstruction, changes, or physical activities for shore protection or other
activities seaward of the coastal construction control line; section 161.141,
F.S.
15
(4) Florida Department of Environmental Protection for activities subject to the
Joint Coastal Permit; section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect
wetlands and alter surface water flows, in conjunction with the U.S. Army
Corps of Engineers; Section 404 of the Clean Water Act.
DIVISION 5. SITE PLANS AND CONSTRUCTION DOCUMENTS
Sec. 46-29 Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the
requirements of this ordinance shall be drawn to scale and shall include, as applicable
to the proposed development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s),
base flood elevation(s), and ground elevations if necessary for review of the
proposed development.
(2) Where flood hazard areas, base flood elevations, or floodway data are not
included on the FIRM or in the Flood Insurance Study, they shall be
established in accordance with Sec. 46-30 of this ordinance.
(3) Where the parcel on which the proposed development will take place will
have more than 50 lots or is larger than 5 acres and the base flood elevations
are not included on the FIRM or in the Flood Insurance Study, such
elevations shall be established in accordance with Sec. 46-30(1) or (2) of this
ordinance.
(4) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures; in coastal high hazard areas, new buildings
shall be located landward of the reach of inean high tide.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of
the fill areas; and evidence that the proposed fill areas are the minimum
necessary to achieve the intended purpose.
(7) Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
(8) Extent of any proposed
provided such alteration
Environmental Protection.
alteration of sand dunes or mangrove stands,
is approved by the Florida Department of
(9) Existing and proposed alignment of any proposed alteration of a watercourse.
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The Floodplain Administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this ordinance but that are
not required to be prepared by a registered design professional if it is found that the
nature of the proposed development is such that the review of such submissions is not
necessary to ascertain compliance with this ordinance.
Sec.46-30 Information in flood hazard areas without base flood elevations
(approximate Zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevation data
have not been provided, the Floodplain Administrator shall:
(1) Obtain, review, and provide to applicants base flood elevation and floodway
data available from a federal or state agency or other source or require the
applicant to obtain and use base flood elevation and floodway data available
from a federal or state agency or other source; or
(2) Where base flood elevation and floodway data are not available from another
source, where the available data are deemed by the Floodplain Administrator
to not reasonably reflect flooding conditions, or where the available data are
known to be scientifically or technically incorrect or otherwise inadequate:
a. Require the applicant to develop base flood elevation data prepared in
accordance with currently accepted engineering practices; or
b. Specify that the base flood elevation is two (2) feet above the highest
adjacent grade at the location of the development, provided there is no
evidence indicating flood depths have been or may be greater than
two (2) feet.
(3) Where the base flood elevation data are to be used to support a Letter of Map
Change from FEMA, advise the applicant that the analyses shall be prepared
by a Florida licensed engineer in a format required by FEMA, and that it shall
be the responsibility of the applicant to satisfy the submittal requirements and
pay the processing fees.
Sec. 46-31 Additional analyses and certifications.
As applicable to the location and nature of the proposed development activity, and in
addition to the requirements of this section, the applicant shall have the following
analyses signed and sealed by a Florida licensed engineer for submission with the site
plan and construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a
floodway encroachment analysis that demonstrates that the encroachment of
the proposed development will not cause any increase in base flood
elevations; where the applicant proposes to undertake development activities
that do increase base flood elevations, the applicant shall submit such
i�
analysis to FEMA as specified in Sec. 46-32 of this ordinance and shall
submit the Conditional Letter of Map Revision, if issued by FEMA, with the
site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard
area for which base flood elevations are included in the Flood Insurance
Study or on the FIRM and floodways have not been designated, a floodway
encroachment analysis which demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
flood hazard area encroachments, will not increase the base flood elevation
more than one (1) foot at any point within the community. This requirement
does not apply in isolated flood hazard areas not connected to a riverine flood
hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(3) For alteration of a watercourse, an engineering analysis prepared in
accordance with standard engineering practices which demonstrates that the
flood-carrying capacity of the altered or relocated portion of the watercourse
will not be decreased, and certification that the altered watercourse shall be
maintained in a manner which preserves the channel's flood-carrying
capacity; the applicant shatl submit the analysis to FEMA as specified in Sec.
46-32 of this ordinance.
(4) For activities that propose to alter sand dunes or mangrove stands in coastal
high hazard areas (Zone V), an engineering analysis that demonstrates that
the proposed alteration will not increase the potential for flood damage.
Sec. 46-32 Submission of additional data.
When additional hydrologic, hydraulic or other engineering data, studies, and additional
analyses are submitted to support an application, the applicant has the right to seek a
Letter of Map Change from FEMA to change the base flood elevations, change
floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs,
and to submit such data to FEMA for such purposes. The analyses shall be prepared
by a Florida licensed engineer in a format required by FEMA. Submittal requirements
and processing fees shall be the responsibility of the applicant.
DIVISION 6. INSPECTIONS
Sec.46-33 General.
Development for which a floodplain development permit or approval is required shall be
subject to inspection.
(1) Development other than buildings and structures. The Floodplain
Administrator shall inspect all development to determine compliance with the
requirements of this ordinance and the conditions of issued floodplain
.
development permits or approvais.
(2) Buildings, structures and facilities exempt from the Florida Building
Code. The Floodplain Administrator shall inspect buildings, structures and
facilities exempt from the Florida Building Code to determine compliance with
the requirements of this ordinance and the conditions of issued floodplain
development permits or approvals.
a. Buildings, structures and facilities exempt from the F/orida
Building Code, lowest floor inspection. Upon placement of the
lowest ftoor, including basement, and prior to further vertical
construction, the owner of a building, structure or facility exempt from
the Florida Building Code, or the owner's authorized agent, shall
submit to the Floodplain Administrator:
1. If a design flood elevation was used to determine the
required elevation of the lowest floor, the certification of
elevation of the lowest floor prepared and sealed by a
Florida licensed professional surveyor; or
2. If the elevation used to determine the required elevation of
the lowest floor was determined in accordance with Sec. 46-
30(2)b of this ordinance, the documentation of height of the
lowest floor above highest adjacent grade, prepared by the
owner or the owner's authorized agent.
b. Buildings, structures and facilities exempt from the Florida
Building Code, final inspection. As part of the final inspection, the
owner or owner's authorized agent shall submit to the Floodplain
Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest
adjacent grade; such certifications and documentations shall be
prepared as specified in Sec. 46-33(2)a of this ordinance.
(3) Manufactured homes. The Building Official shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine
compliance with the requirements of this ordinance and the conditions of the
issued permit. Upon placement of a manufactured home, certification of the
elevation of the lowest floor shall be submitted to the Building Official.
DIVISION 7. VARIANCES AND APPEALS
Sec.46-34 General.
The Board of Adjustment as established by the City Council shall hear and decide on
requests for appeals and requests for variances from the strict application of this
19
ordinance. Pursuant to section 553.73(5), F.S., the Board of Adjustment shali hear and
decide on requests for appeals and requests for variances from the strict application of
the flood resistant construction requirements of the Florida Building Code. This section
does not apply to Section 3109 of the Florida Building Code, Building.
Sec.46-35 Appeals.
The Board of Adjustment shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the Floodplain
Administrator in the administration and enforcement of this ordinance. Any person
aggrieved by the decision of the Board of Adjustment may appeal such decision to the
Circuit Court, as provided by Florida Statutes.
Sec. 46-36 Limitations on authority to grant variances.
The Board of Adjustment shall base its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in Sec. 46-39 of this ordinance,
the conditions of issuance set forth in Sec. 46-40 of this ordinance, and the comments
and recommendations of the Floodplain Administrator and the Building Official. The
Board of Adjustment has the right to attach such conditions as it deems necessary to
further the purposes and objectives of this ordinance.
(1) Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would
result, as evidenced by the applicable analyses and certifications required in
Sec. 46-31 of this ordinance.
Sec. 46-37 Historic buildings.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of a
historic building that is determined eligible for the exception to the flood resistant
construction requirements of the Florida Building Code, Existing Building, Chapter 11
Historic Buildings, upon a determination that the proposed repair, improvement, or
rehabilitation will not preclude the building's continued designation as a historic building
and the variance is the minimum necessary to preserve the historic character and
design of the building. If the proposed work precludes the building's continued
designation as a historic building, a variance shall not be granted and the building and
any repair, improvement, and rehabilitation shall be subject to the requirements of the
Florida Building Code.
Sec. 46-38 Functionally dependent uses.
A variance is authorized to be issued for the construction or substantial improvement
necessary for the conduct of a functionally dependent use, as defined in this ordinance,
provided the variance meets the requirements of Sec. 46-36(1), is the minimum
Zo
necessary considering the flood hazard, and all due consideration has been given to
use of inethods and materials that minimize flood damage during occurrence of the
base flood.
Sec. 46-39 Considerations for issuance of variances.
In reviewing requests for variances, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all other applicable provisions of the Florida Building
Code, this ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting
in further injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
(5) The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(10) 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, streets and bridges.
Sec. 46-40 Conditions for issuance of variances.
Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that
the unique characteristics of the size, configuration, or topography of the site
limit compliance with any provision of this ordinance or the required elevation
standards;
(2) Determination by the Board of Adjustment that:
a. Failure to grant the variance would result in exceptional hardship due
21
to the physical characteristics of the land that render the lot
undevelopable; increased costs to satisfy the requirements or
inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor
create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws and ordinances; and
c. The variance is the minimum necessary, considering the flood hazard,
to afford relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted,
shall be recorded in the Office of the Clerk of the Court in such a manner that
it appears in the chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a
new building, or substantial improvement of a building, below the required
elevation, a copy in the record of a written notice from the Floodplain
Administrator to the applicant for the variance, specifying the difference
befinreen the base flood elevation and the proposed elevation of the lowest
floor, stating that the cost of federal flood insurance will be commensurate
with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for $100 of insurance coverage), and stating that
construction below the base flood elevation increases risks to life and
property.
DIVISION 8. VIOLATIONS
Section 46-41 Violations.
Any development that is not within the scope of the Florida Building Code but that is
regulated by this ordinance that is perFormed without an issued permit, that is in conflict
with an issued permit, or that does not fully comply with this ordinance, shall be deemed
a violation of this ordinance. A building or structure without the documentation of
elevation of the lowest floor, other required design certifications, or other evidence of
compliance required by this ordinance or the Florida Building Code is presumed to be a
violation until such time as that documentation is provided.
Sec.46-42 Authority.
For development that is not within the scope of the Florida Building Code but that is
regulated by this ordinance and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of
the property involved, to the owner's agent, or to the person or persons performing the
work.
22
Sec. 46-43 Unlawful continuance.
Any person who shall continue any work after having been served with a notice of
violation or a stop work order, except such work as that person is directed to perform to
remove or remedy a violation or unsafe condition, shall be subject to penalties as
provided in Section 1-10 (General penalty; continuing violations) and Sections 2-194
(Enforcement procedures) of this Code of Ordinances.
ARTICLE II. DEFINITIONS
DIVISION 1. GENERAL
Sec.46-44 Scope.
Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this ordinance, have the meanings shown in this section.
Sec. 46-45 Terms defined in the Florida Building Code.
Where terms are not defined in this ordinance and are defined in the Florida Building
Code, such terms shall have the meanings ascribed to them in that code.
Sec. 46-46 Terms not defined.
Where terms are not defined in this ordinance or the F/orida Building Code, such terms
shall have ordinarily accepted meanings such as the context implies.
DIVISION 2. DEFINITIONS
Alteration of a watercourse. A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or
the channel capacity, or any other form of modification which may alter, impede, retard
or change the direction and/or velocity of the riverine flow of water during conditions of
the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any
provision of this ordinance or a request for a variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced
by the F/orida Building Code. ASCE 24 is developed and published by the American
Society of Civil Engineers, Reston, VA.
23
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any
given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly
referred to as the "100-year flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD)
or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in
FBC, B, Section 1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on
all sides. [Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line established by the State of Florida
pursuant to section 161.053, F.S., and recorded in the official records of the community,
which defines that portion of the beach-dune system subject to severe fluctuations
based on a 100-year storm surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area 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. Coastal high hazard areas
are also referred to as "high hazard areas subject to high velocity wave action" or "V
Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE,
or V. (Note: The FBC,B defines and uses the term "flood hazard areas subject to high
velocity wave action" and the FBC, R uses the term "coastal high hazard areas."]
Design flood. The flood associated with the greater of the following two areas: [Also
defined in FBC, B, Section 1612.2.]
1. Area with a floodplain subject to a 1-percent or greater chance of flooding in
any year; or
2. Area designated as a flood hazard area on the community's flood hazard
map, or otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height,
relative to the datum specified on the community's legally designated flood hazard map.
In areas designated as Zone AO, the design flood elevation shall be the elevation of the
highest existing grade of the building's perimeter plus the depth number (in feet)
specified on the flood hazard map. In areas designated as Zone AO where the depth
number is not specified on the map, the depth number shall be taken as being equal to
2 feet. [Also defined in FBC, B, Section 1612.2.]
Development. Any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, tanks, temporary structures,
temporary or permanent storage of equipment or materials, mining, dredging, filling,
grading, paving, excavations, drilling operations or any other land disturbing activities.
24
Encroachment. The placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity
of riverine flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the
"start of construction" commenced before April 9, 1980. [Also defined in FBC, B, Section
1612.2.]
Existing manufactured home park or subdivision. 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 9, 1980.
Expansion to an existing manufactured home park or subdivision. 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).
Federal Emergency Management Agency (FEMA). The federal agency that, in
addition to carrying out other functions, administers the National Flood Insurance
Program.
Flood or flooding. A general and temporary condition of partial or complete inundation
of normally dry land from: [Also defined in FBC, B, Section 1612.2.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surFace waters from any
source.
Flood damage-resistant materials. Any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that
requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B,
Section 1612.2.]
1. The area within a floodplain subject to a 1-percent or greater chance of
flooding in any year.
2. The area designated as a flood hazard area on the community's flood hazard
map, or otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the
Federal Emergency Management Agency has delineated both special flood hazard
areas and the risk premium zones applicable to the community. [Also defined in FBC,
B, Section 1612.2.]
25
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (if applicable), the water surface elevations of the base flood, and
supporting technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this ordinance (may be referred to as the Floodplain
Manager).
Floodplain development permit or approval. An official document or certificate
issued by the community, or other evidence of approval or concurrence, which
authorizes performance of specific development activities that are located in flood
hazard areas and that are determined to be compliant with this ordinance.
Floodway. The channel of a river or other riverine watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B,
Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a
proposed encroachment into a floodway is expected to have on the floodway
boundaries and base flood elevations; the evaluation shall be prepared by a qualified
Florida licensed engineer using standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code,
Residential; Florida Building Code, Existing Building; F/orida Building Code, Mechanical;
Florida Building Code, P/umbing; Florida Building Code, Fue/ Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water, including only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities; the term does not include long-term storage
or related manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surFace prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the
flood hazard area requirements of the Florida Building Code, Existing Building, Chapter
11 Historic Buildings.
26
Letter of Map Change (LOMC). An official determination issued by FEMA that amends
or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of
Map Change include:
1. Letter of Map Amendment (LOMA): An amendment based on technical
data showing that a property was incorrectly included in a designated special
flood hazard area. A LOMA amends the current effective Flood Insurance
Rate Map and establishes that a specific property, portion of a property, or
structure is not located in a special flood hazard area.
2. Letter of Map Revision (LOMR): A revision based on technical data that
may show changes to flood zones, flood elevations, special flood hazard area
boundaries and floodway delineations, and other planimetric features.
3. Letter of Map Revision Based on Fill (LOMR-F): A determination that a
structure or parcel of land has been elevated by fill above the base flood
elevation and is, therefore, no longer located within the special flood hazard
area. In order to qualify for this determination, the fill must have been
permitted and placed in accordance with the community's floodplain
management regulations.
4. Conditional Letter of Map Revision (CLOMR): A format review and
comment as to whether a proposed flood protection project or other project
complies with the minimum NFIP requirements for such projects with respect
to delineation of special flood hazard areas. A CLOMR does not revise the
effective Flood Insurance Rate Map or Flood Insurance Study; upon
submission and approval of certified as-built documentation, a Letter of Map
Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500
pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of
6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or
less, which is:
1. Designed primarily for purposes of transportation of property or is a derivation
of such a vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more
than 12 persons; or
3. Available with special features enabling off-street or off-highway operation
and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, usable
solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure in violation of the Florida Building
Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
27
Manufactured home. A structure, transportable in one or more sections, which is eight
(8) feet or more in width and greater than four hundred (400) square feet, and which is
built on a permanent, integral chassis and is designed for use with or without a
permanent foundation when attached to the required utitities. The term "manufactured
home" does not include a"recreational vehicle" or "park trailer." [Also defined in 15C-
1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in this ordinance, the term refers to
the market value of buildings and structures, excluding the land and other
improvements on the parcel. Market value may be established by a qualified
independent appraiser, Actual Cash Value (replacement cost depreciated for age and
quality of construction), or tax assessment value adjusted to approximate market value
by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this ordinance and the flood
resistant construction requirements of the Florida Building Code, structures for which
the "start of construction" commenced on or after April 9, 1980 and includes any
subsequent improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after April 9, 1980.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14)
feet and which is built on a single chassis and is designed to provide seasonal or
temporary living quarters when connected to utilities necessary for operation of installed
fixtures and appliances. [Defined in 15C-1.0101, F.A.C.]
Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in section
320.01(b), F.S.)
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest
horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck;
and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
m
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater
chance of flooding in any given year. Special flood hazard areas are shown on FIRMs
as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B
Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within 180
days of the date of the issuance. The actual start of construction means either the first
placement of permanent construction of a building (including a manufactured home) on
a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns. Permanent construction does not include land preparation (such as clearing,
grading, or filling), the installation of streets or walkways, excavation for a basement,
footings, piers, or foundations, the erection of temporary forms or the installation of
accessory buildings such as garages or sheds not occupied as dwelling units or not part
of the main buildings. For a 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. [Also
defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before-damaged condition
would equal or exceed 50 percent of the market value of the building or structure before
the damage occurred. [Also defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent
of the market value of the building or structure before the improvement or repair is
started. If the structure has incurred "substantial damage," any repairs are considered
substantial improvement regardless of the actual repair work performed. The term does
not, however, include either: (Also defined in FBC, B, Section 1612.2.]
Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that
are the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided the alteration will not preclude
the structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a
manner that would not otherwise be permitted by this ordinance or the Florida Building
Code.
29
Watercourse. A river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.
ARTICLE III. FLOOD RESISTANT DEVELOPMENT
DIVISION 1. BUILDINGS AND STRUCTURES
Sec.46-47 Design and construction of buildings, structures and facilities
exempt from the Florida Building Code.
Pursuant to Sec. 46-23(1) of this ordinance, buildings, structures, and facilities that are
exempt from the Florida Building Code, including substantial improvement or repair of
substantial damage of such buildings, structures and facitities, shall be designed and
constructed in accordance with the flood load and flood resistant construction requirements
of ASCE 24. Structures exempt from the F/orida Building Code that are not walled and
roofed buildings shall comply with the requirements of Article III, Division 7 of this
ordinance.
Sec. 46-48 Buildings and structures seaward of the coastal construction control
line.
If extending, in whole or in part, seaward of the coastal construction control line and
also located, in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the
more restrictive applicable requirements of the Florida Building Code, Building
Section 3109 and Section 1612 or Florida Building Code, Residential Section
R322.
(2) Minor structures and non-habitable major structures as defined in section
161.54, F.S., shall be designed and constructed to comply with the intent and
applicable provisions of this ordinance and ASCE 24.
DIVISION 2. SUBDIVISIONS
Sec. 46-49 Minimum requirements.
Subdivision proposals, including proposals for manufactured home parks and
subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
30
(2) All public utilities and facilities such as sewer, gas, electric, communications,
and water systems are located and constructed to minimize or eliminate flood
damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones
AH and AO, adequate drainage paths shall be provided to guide floodwaters
around and away from proposed structures.
Sec. 46-50 Subdivision plats.
Where any portion of proposed subdivisions, including manufactured home parks and
subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and
design flood elevations, as appropriate, shall be shown on preliminary plats
and final plats;
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and
base flood elevations are not included on the FIRM, the base flood elevations
determined in accordance with Sec. 46-30(1) or (2) of this ordinance; and
(3) Compliance with the site improvement and utilities requirements of Article III,
Division 3 of this ordinance.
DIVISION 3. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 46-51 Minimum requirements.
All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications,
and water systems are located and constructed to minimize or eliminate flood
damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones
AH and AO, adequate drainage paths shall be provided to guide floodwaters
around and away from proposed structures.
Sec. 46-52 Sanitary sewage facilities.
All new and replacement sanitary sewage facilities, private sewage treatment plants
(including all pumping stations and collector systems), and on-site waste disposal
systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters into the facilities and discharge from the
31
facilities into flood waters, and impairment of the facilities and systems.
Sec. 46-53 Water supply facilities.
All new and replacement water supply facilities shall be designed in accordance with the
water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter
7 to minimize or eliminate infiltration of floodwaters into the systems.
Sec. 46-54 Limitations on sites in regulatory floodways.
No development, including but not limited to site improvements, and land disturbing
activity involving fill or regrading, shall be authorized in the regulatory floodway unless
the floodway encroachment analysis required in Sec. 46-31(1) of this ordinance
demonstrates that the proposed development or land disturbing activity will not result in
any increase in the base flood elevation.
Sec. 46-55 Limitations on placement of fill.
Subject to the limitations of this ordinance, fill shall be designed to be stable under
conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged
inundation, and protection against flood-related erosion and scour. In addition to these
requirements, if intended to support buildings and structures (Zone A only), fill shall
comply with the requirements of the Florida Building Code.
Sec. 46-56 Limitations on sites in coastal high hazard areas (Zone V).
In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be
permitted only if such alteration is approved by the Florida Department of Environmental
Protection and only if the engineering analysis required by Sec. 46-31(4) of this
ordinance demonstrates that the proposed alteration will not increase the potential for
flood damage. Construction or restoration of dunes under or around elevated buildings
and structures shall comply with Sec. 46-76 of this ordinance.
DIVISION 4. MANUFACTURED HOMES
Sec.46-57 General.
All manufactured homes installed in flood hazard areas shall be installed by an installer
that is licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance.
Sec.46-58 Foundations.
All new manufactured homes and replacement manufactured homes installed in flood
32
hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazards areas (Zone A) other than coastal high hazard areas, are
designed in accordance with the foundation requirements of the F/orida
Building Code, Residential Section R322.2 and this ordinance.
(2) In coastal high hazard areas (Zone V), are designed in accordance with the
foundation requirements of the Florida Building Code, Residentia/ Section
R322.3 and this ordinance.
Sec.46-59 Anchoring.
All new manufactured homes and replacement manufactured homes shall be installed
using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or
lateral movement. Methods of anchoring include, but are not limited to, use of over-the-
top or frame ties to ground anchors. This anchoring requirement is in addition to
applicable state and local anchoring requirements for wind resistance.
Sec.46-60 Elevation.
Manufactured homes that are placed, replaced, or substantially improved shall comply
with Sec. 46-60(1) or Sec. 46-60(2) of this ordinance, as applicable.
(1) General elevation requirement. Unless subject to the requirements of Sec.
46-60(2) of this ordinance, all manufactured homes that are placed, replaced,
or substantially improved on sites located: (a) outside of a manufactured
home park or subdivision; (b) in a new manufactured home park or
subdivision; (c) in an expansion to an existing manufactured home park or
subdivision; or (d) in an existing manufactured home park or subdivision upon
which a manufactured home has incurred "substantial damage" as the result
of a flood, shall be elevated such that the bottom of the frame is at or above
the elevation required, as applicable to the flood hazard area, in the Florida
Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone
V).
(2) Elevation requirement for certain existing manufactured home parks
and subdivisions. Manufactured homes that are not subject to Sec. 46-
60(1) of this ordinance, including manufactured homes that are placed,
replaced, or substantially improved on sites located in an existing
manufactured home park or subdivision, unless on a site where substantial
damage as result of flooding has occurred, shall be elevated such that either
the:
a. Bottom of the frame of the manufactured home is at or above the
elevation required, as applicable to the flood hazard area, in the
Florida Building Code, Residential Section R322.2 (Zone A) or Section
R322.3 (Zone V); or
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b. Bottom of the frame is supported by reinforced piers or other
foundation elements of at least equivalent strength that are not less
than 36 inches in height above grade.
Sec.46-61 Enclosures.
Fully enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322 for such enclosed
areas, as applicable to the flood hazard area.
Sec. 46-62 Utility equipment.
Utility equipment that serves manufactured homes, including electric, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities, shall
comply with the requirements of the Florida Building Code, Residential Section R322,
as applicable to the flood hazard area.
DIVISION 5. RECREATIONAL VEHICLES AND PARK TRAILERS
Sec. 46-63 Temporary placement.
Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the site
only by quick-disconnect type utilities and security devices, and has no
permanent attachments such as additions, rooms, stairs, decks and porches.
Sec. 46-64 Permanent placement.
Recreational vehicles and park trailers that do not meet the limitations in Sec. 46-63 of
this ordinance for temporary placement shall meet the requirements of Article III,
Division 4 of this ordinance for manufactured homes.
DIVISION 6. TANKS
Sec. 46-65 Underground tanks.
Underground tanks in flood hazard areas shall be anchored to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during
conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
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Sec. 46-66 Above-ground tanks, not elevated.
Above-ground tanks that do not meet the elevation requirements of Sec. 46-67 of this
ordinance shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard
areas, provided the tanks are anchored or otherwise designed and
constructed to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty and the effects
of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
Sec. 46-67 Above-ground tanks, elevated.
Above-ground tanks in flood hazard areas shall be attached to and elevated to or above
the design flood elevation on a supporting structure that is designed to prevent flotation,
collapse or lateral movement during conditions of the design flood. Tank-supporting
structures shall meet the foundation requirements of the applicable flood hazard area.
Sec. 46-68 Tank inlets and vents.
Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to
prevent the inflow of floodwater or outFlow of the contents of the tanks during
conditions of the design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
DIVISION 7. OTHER DEVELOPMENT
Sec. 46-69 General requirements for other development.
All development, including man-made changes to improved or unimproved real estate
for which specific provisions are not specified in this ordinance or the Florida Building
Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Sec. 46-54 of this ordinance if located in a regulated
floodway;
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(3) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
(4) Be constructed of flood damage-resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood
elevation, except that minimum electric service required to address life safety
and electric code requirements is permitted below the design flood elevation
provided it conforms to the provisions of the electrical part of building code for
wet locations.
Sec. 46-70 Fences in regulated floodways.
Fences in regulated floodways that have the potential to block the passage of
floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations
of Sec. 46-54 of this ordinance.
Sec. 46-71 Retaining walls, sidewalks and driveways in regulated floodways.
Retaining walls and sidewalks and driveways that involve the placement of fill in
regulated floodways shall meet the limitations of Sec. 46-54 of this ordinance.
Sec. 46-72 Roads and watercourse crossings in regulated floodways.
Roads and watercourse crossings, including roads, bridges, culverts, low-water
crossings and similar means for vehicles or pedestrians to travel from one side of a
watercourse to the other side, that encroach into regulated floodways shall meet the
limitations of Sec. 46-54 of this ordinance. Alteration of a watercourse that is part of a
road or watercourse crossing shall meet the requirements of Sec. 46-31(3) of this
ordinance.
Sec.46-73 Concrete slabs used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstructural uses in coastal high hazard
areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads,
enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are
permitted beneath or adjacent to buildings and structures provided the concrete slabs
are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is
capable of causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
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Sec. 46-74 Decks and patios in coastal high hazard areas (Zone V).
In addition to the requirements of the F/orida Building Code, in coastal high hazard
areas decks and patios shall be located, designed, and constructed in compliance with
the following:
(1) A deck that is structurally attached to a building or structure shall have the
bottom of the lowest horizontal structural member at or above the design
flood elevation and any supporting members that extend below the design
flood elevation shall comply with the foundation requirements that apply to the
building or structure, which shall be designed to accommodate any increased
loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be
structurally independent from buildings or structures and their foundation
systems, and shall be designed and constructed either to remain intact and in
place during design flood conditions or to break apart into small pieces to
minimize debris during flooding that is capable of causing structural damage
to the building or structure or to adjacent buildings and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches
or that is constructed with more than the minimum amount of fill necessary for
site drainage shall not be approved unless an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of
floodwaters or wave runup and wave reflection that would increase damage
to the building or structure or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and
that is at natural grade or on nonstructural fill material that is similar to and
compatible with local soils and is the minimum amount necessary for site
drainage may be approved without requiring analysis of the impact on
diversion of floodwaters or wave runup and wave reflection.
Sec. 46-75 Other development in coastal high hazard areas (Zone V).
In coastal high hazard areas, development activities other than buildings and structures
shall be permitted only if also authorized by the appropriate state or local authority; if
located outside the footprint of, and not structurally attached to, buildings and
structures; and if analyses prepared by qualified registered design professionals
demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to adjacent buildings and structures. Such other development
activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless
designed and constructed to fail under flood conditions less than the design
flood or otherwise function to avoid obstruction of floodwaters; and
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(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C.,
as filled systems or mound systems.
Sec. 46-76 Nonstructural fill in coastal high hazard areas (Zone V).
In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall
be permitted for landscaping and for drainage purposes under and around
buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to
five units horizontal shall be permitted only if an analysis prepared by a
qualified registered design professional demonstrates no harmful diversion of
floodwaters or wave runup and wave reflection that would increase damage
to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand
dunes under or around elevated buildings are permitted without additional
engineering analysis or certification of the diversion of floodwater or wave
runup and wave reflection if the scale and location of the dune work is
consistent with local beach-dune morphology and the vertical clearance is
maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
Section 3. APPLICABILITY. This ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals,
submitted on or after December 4, 2012.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of any conflict.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it 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.
�:3
Section 6.
4, 2012.
EFFECTIVE DATE. This Ordinance shall take effect on December
The foregoing Ordinance was moved for adoption by Councilmember xill
The motion was seconded by Councilmember coy and, upon being put to a
vote, the vote was as follows:
Mayor Bob McPartlan
Vice-Mayor � Wright
Councilmember Jerane Adams
Councilmember �r� �y
Councilmember Jim Hill
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day
of November , 2012.
ATT T:
.,�\ ` /��� � _
(�(
Sally A. M � , MMC
City Cler
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CITY OF SEBASTIAN, FLORIDA
By:
Bob McPartlan , Mayor
Approved as to form and legality for
Refia by the City of Sebastian only:
�
Robert A. Ginsburg
City Attorney