For the purposes of this article, the following definitions shall apply in the interpretation, enforcement and intent of this article. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

Addition to an existing building means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.

Administrator means the Federal Insurance Administrator.

Appeal means a request for a review of the county's interpretation of any provision of this article or a request for a variance.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A, AE, AH, AO, A99, V, and VE on the FIRM.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the FHBM. After detailed rate-making has been completed in preparation for publication of the FIRM, zone A is usually refined into zones A, AE, AH, AO, A99, V, and VE.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation of a flood having a one percent chance of being equaled or exceeded in any given year.

Basement means any area of a building having its floor subgrade (below ground level) on all sides.

Board means the board of county commissioners.

Breakaway walls means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, 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 means any structure built for support, shelter or enclosure for any occupancy or storage.

Building official means the director of the county building division, or designate.

Coastal high-hazard area means the area subject to high-velocity waters caused by forces such as but not limited to hurricane wave wash. The area is designated on a FIRM as zone VE or V.

Conditional letter of map revision (CLOMR) means FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map. It indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

County manager means the county manager or designee.

Development means any manmade 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.

Development permit includes the following:

(1)

Building permit: The permit required by chapter 22;

(2)

Development plan: The information or permit required by article VII or VIII of this chapter;

(3)

Site plan: The information or permit required by article VIII of this chapter; or

(4)

Any other permit or approval as may be required by the county relating to dredging, filling, land alteration, land clearing, landscaping, coastal construction, floodplain protection, wetland protection, surface water protection or developing any land, or the construction, substantial improvement or relocation of any structure.

Elevated building means a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, pilings, columns, posts, piers or shear walls.

Existing construction means any structure for which the start of construction commenced before the effective date of the initial ordinance from which this article is derived.

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 the effective date of the initial ordinance from which this article is derived.

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 and flooding mean 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.

Flood elevation determination means a determination of the water surface elevation of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study means the best available information, which may include the current effective flood insurance study for the county and incorporated areas, prepared by the federal emergency management agency; the flood hazard information study for the St. Johns River prepared for the board of county commissioners by the Department of the Army, dated March 1976; the St. Johns River Water Management District Technical Publication SJ 85-3, entitled "The Mean Annual, 10-Year, 25-Year, and 100-Year Profiles for the Upper St. Johns River Under The Existing Conditions," prepared by Dr. Donthamsetti V. Rao, P.E., St. Johns River Water Management District (March 1985); or any other studies of flood hazards, base flood elevations and, if appropriate, corresponding water surface elevation.

Flood insurance rate map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the federal emergency management agency that documents the results of a detailed flood hazard assessment performed for the community. The report contains text, data tables and flood profiles.

Floodplain means any land area, including watercourses, susceptible to partial or complete inundation by water from any source.

Floodproofing means those adjustments to properties, structures and building contents which are designed or adapted primarily to reduce flood damages to lands, potable water and sanitary facilities and structures. It shall include structural and nonstructural additions, changes and engineering techniques which seal structures and keep them free from encroachment of floodwater below the base flood elevation. Any person who attempts to use floodproofing techniques in order to satisfy the requirements of this article as to nonresidential structures shall provide the county building official with a certification from a professional engineer who is registered in the state that the structure is floodproofed or has adequate floodproofing provisions designed within such structure.

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.

Floor means the top surface of an enclosed area in a building, including basement, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as being eligible for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

(3)

Individually listed on the Florida Master Site File of historic resources in the state; or

(4)

Individually listed on a local inventory of historic places with historic preservation programs that have been certified by an approved state program as determined by the Secretary of the Interior.

Lowest floor means the lowest floor of the lowest enclosed area, 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 any applicable non-elevation design requirements.

Mangrove stand means an assemblage of mangrove trees, which are mostly low trees noted for copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida), red mangrove (Rhizophora mangle), white mangrove (Languncularia racemose) and buttonwood (Conocarpus erecta).

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures or vehicles placed on a site for 180 consecutive days or longer and intended to be improved property.

Manufactured home park subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

Mean sea level means the average height of the sea for all stages of the tide. It may be used as a reference for establishing various elevations within the floodplain. For the purposes of this article, the term is synonymous with national geodetic vertical datum of 1929.

National geodetic vertical datum (NGVD), as corrected in 1929, is a vertical control datum which may be used as a reference for establishing varying elevations with the floodplain.

New construction means structures for which the start of construction commenced on or after the effective date of the initial ordinance from which this article is derived. The term also includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after the effective date of the initial ordinance from which this article is derived.

North American vertical datum (NAVD), as adjusted in 1988, is a vertical control datum established for vertical control surveying in the United States. It replaces the national geodetic vertical datum (NGVD) of 1929.

Person includes any individual or group of individuals, corporation, partnership or association, or any other entity, including state and local governments and agencies.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred 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.

Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (PL 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure, including a manufactured home, on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation, including the relocation of a structure. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include the 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 main structure.

Structure for floodplain management purposes, means a walled and roofed building that is principally aboveground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures. The term "structure", for insurance coverage purposes, means a wall or roofed building, other than a gas or liquid storage tank, that is principally aboveground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

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 combination of repairs, reconstruction, alteration, addition, or improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before damage occurred. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include:

(1)

Any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions, or

(2)

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 means that 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 means a grant of relief by the board of county commissioners from the terms of this article.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without elevation certification, other certifications, or other evidence of compliance as required is presumed to be in violation until such time as that documentation is provided.

(Code 1979, § 14-90; Ord. No. 02-09C, § 1, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)

Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute an offense. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 60 days, or both, 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 contained in this section shall prevent the board of county commissioners from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1979, § 14-107)

State Law reference— Penalties for ordinance violations, F.S. § 125.69.

(a)

The purpose of this article is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; and

(3)

Control filling, grading, dredging and other development which may increase erosion or flood damage.

(b)

This article shall provide for adequate minimum standards and procedures for the construction of new residential and nonresidential structures, including prefabricated and manufactured homes, and for such structures that are substantially improved, so that such structures can be eligible for insurance under the federal flood insurance program and so that the construction of such structures will be in conformity with recognized construction techniques designed to offer flood protection. This article shall apply to all areas determined to be areas of special flood hazard located within the jurisdiction of the board of county commissioners.

(Code 1979, § 14-89)

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.

(Code 1979, § 14-98)

The flood insurance rate map effective March 17, 2014, and the associated flood insurance study, and any subsequent revisions, amendments or supplements thereto, including the zone designations and all explanatory material noted thereon, are hereby incorporated into this article by reference in their entirety. The maps shall be referred to for a determination of areas of special flood hazard.

(Code 1979, § 14-91; Ord. No. 02-09C, § 2, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)

Editor's note— Ord. No. 2014-14, § 1, adopted May 1, 2014, amended the title of § 62-4005 to read as set out herein. Previously § 62-4005 was titled adoption of flood hazard boundary maps.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade 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 board of county commissioners 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.

(Code 1979, § 14-106)

This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail. In the interpretation and application of this article all provisions shall be 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.

(Code 1979, § 14-108)

The building official shall participate in the review of all development permits to ensure that the permit requirements of this article have been satisfied.

(1)

The applicable base flood elevation shall be determined for each property for each permit issued in a special flood hazard area.

(2)

Proposed development shall be reviewed to assure that all necessary permits have been received from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1334) and the Endangered Species Act of 1973 as amended. Copies of such permits shall be provided by the applicant and maintained on file with the development permit.

(3)

Adjacent communities and the state department of economic opportunity shall be notified prior to any alteration or relocation of a watercourse. Evidence of such notification shall be provided to the federal emergency management agency.

(4)

Maintenance shall be provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is maintained.

(5)

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the building official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 62-4034.

(6)

In unnumbered A zones, it is the responsibility of the builder or owner to determine the required base flood elevation consistent with county requirements as determined by the building official. The building official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, including data developed pursuant to section 62-4064(b), in order to administer the provisions of section 62-4062. The building official may require such additional technical reports, surveys, plats or other data as he shall determine necessary to substantiate that the lowest floor is a minimum of 12 inches above the 100-year base flood elevation as established on the flood insurance rate map. Decisions of the building official under this article may be appealed in accordance with the provisions of section 62-4034.

(Ord. No. 02-09C, § 3, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)

Editor's note— Ord. No. 02-09C, § 3, adopted February 26, 2002, repealed and reenacted § 62-4031 to read as herein set out. Formerly, § 62-4031 pertained to the duties of the county engineer and derived from the Code of 1979, § 14-99.

Duties of the building official, pursuant to his authority, shall include but not be limited to the following:

(1)

The building official shall verify and record the actual elevation, in relation to mean sea level or other acceptable datum, of the lowest floor, including basement, of all new and substantially improved structures.

(2)

The building official shall verify and record the actual elevation, in relation to mean sea level or other acceptable datum, to which the new and substantially improved structures have been floodproofed.

(3)

The building official shall verify that the design, plans, specifications and construction of structures within coastal high-hazard areas are in compliance with all the provisions, conditions and criteria established and set forth in chapter 22, article V. For construction within the county coastal construction control line, certification shall be obtained from a professional engineer or architect registered in the state. Such certification shall state that the design, plans and specifications for the construction are in compliance with all the provisions, conditions and criteria established and set forth in article XII.

(4)

In coastal high-hazard areas, the building official shall review plans for the adequacy of breakaway walls in accordance with section 62-4062(6)h.

(5)

When floodproofing is utilized for a particular structure, the building official shall require, prior to the issuance of any certificate of completion or certificate of occupancy:

a.

Submittal of a FEMA floodproofing certificate, based upon finished construction and completed by a professional engineer or architect licensed to practice in the state;

b.

Submittal of a flood emergency operation plan where the chosen floodproofing method and materials require any human intervention; and

c.

Submittal of an annual inspection and maintenance plan to insure that all components will operate properly and effectively under flood conditions.

(6)

All supporting documentation for issuance of building permits in accordance with the provisions of this article shall be maintained in the office of the building official and shall be open for public inspection.

(Code 1979, § 14-100; Ord. No. 2014-14, § 1, 5-1-14)

(a)

Application for a development permit for the construction of structures (building permit) shall be made to the county prior to any development activities, and may include but shall not be limited to the following: plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question; and existing or proposed structures, fill, storage of materials and drainage facilities, and their location. Specifically, the following information is required:

(1)

The elevation, in relation to mean sea level or other acceptable datum, of the proposed lowest floor, including basement, of all structures.

(2)

The elevation, in relation to mean sea level or other acceptable datum, to which any nonresidential structure will be floodproofed.

(3)

Certification from a professional engineer or architect licensed to practice in the state, in the form of a FEMA floodproofing certificate, that any nonresidential floodproofed structure will meet the floodproofing criteria in section 62-4062(2).

(4)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(b)

The building official shall be responsible for all construction and substantial improvement of residential and nonresidential structures, including prefabricated or manufactured homes, and shall have the lowest floor elevation preliminarily field-certified by a professional surveyor licensed in the state, as being at or exceeding 12 inches above the 100-year flood elevation for the appropriate flood hazard zone. Such certification should take place after completion of the foundation or slab for the intended structure, and shall be submitted to the county prior to the pre-lath inspection. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. Notwithstanding other provisions of this article, no variance shall be granted where the slab elevation as constructed does not comply with the permit approved by the county prior to construction.

(c)

In addition, prior to the inspection at the next phase of construction, a detailed survey shall be provided to the county certifying the following information:

(1)

The legal description of the property;

(2)

The lot dimension and total lot area;

(3)

The building location and setbacks from the property lines;

(4)

Any accessory structures, with size and setbacks indicated;

(5)

The lowest floor elevation (mean sea level); and

(6)

The elevation (mean sea level) of the crown of all roads abutting the property where projected lot lines intersect with the crown of such roads.

(d)

However, no building permit shall be issued unless the applicant for the permit first provides the building division with a proposed or estimated building slab or lowest floor elevation (mean sea level). Such proposed elevation will be utilized by the building official for the purpose of judging the conformity of the proposed construction with this article and all other applicable building codes and regulations.

(Code 1979, § 14-101; Ord. No. 02-09C, § 4, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)

(a)

The board of county commissioners shall hear and decide appeals and requests for variances from the requirements of this article.

(b)

The board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the building official in the enforcement or administration of this article or any error in the technical data and flood elevation appearing on the flood insurance rate map. The application for a variance shall be heard following 15 days' prior written notice published once in a newspaper of general circulation in the county. Courtesy notices shall be sent to all adjacent property owners within 200 feet of the affected property. The names of such property owners are to be supplied by the applicant from the current records of the county property appraiser's office. An application fee to cover the cost of publication, public hearing, courtesy notices and other costs may be established by resolution of the board of county commissioners.

(c)

Any person or persons jointly or severally aggrieved by the decision of the board may, within 30 days after filing of any decision in the office of the clerk to the board, but not thereafter, appeal such decision to a court of competent jurisdiction for appropriate relief.

(d)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section, provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.

(e)

In passing upon an application for a variance, the board shall consider all technical evaluations provided by the applicant, all relevant factors and standards specified in other sections of this article, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(5)

The compatibility of the proposed use with existing and anticipated development;

(6)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(7)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(8)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, and the effects of wave action, if applicable, expected at the site; and

(9)

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.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing the standards set out in subsections (e)(1) through (9) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(f)

The applicant for a variance shall have the burden of presenting technical justification for the granting of a variance. The applicant shall be responsible for securing and paying for all technical reports, maps, plats, plans and other data necessary for the board or county staff to evaluate factors deemed relevant by the board to the consideration of any variance from the provisions of this article. The board may postpone final consideration of any variance while the county staff evaluates the extent to which the applicant's property meets the technical criteria for a variance specified in this article.

(g)

Upon consideration of the factors listed in subsection (e) of this section and the purposes of this article, the board may attach such additional conditions to the granting of a variance as it deems necessary to further the purposes of this article.

(h)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(i)

Conditions for variances are as follows:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2)

Variances shall only be issued upon a finding of each and all of the following:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship on the applicant; provided, however, that such hardship is not the result of self-imposed action of the applicant; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(j)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is requested to be built, stating that the issuance of a variance to construct a structure below the flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and that such construction below the base flood elevation increases risks to life and property.

(k)

The board shall maintain the records of all appeal actions and variances and report any variances to the federal emergency management agency upon request.

(Code 1979, § 14-109; Ord. No. 02-09C, § 5, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)

In all areas of special flood hazard, the following provisions are required:

(1)

All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse and lateral movement of the structure.

(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 requirements for resisting wind forces.

(3)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(4)

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(6)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding pursuant to chapter 46, article II.

(7)

Any alteration, repair, reconstruction or improvements to a structure on which the start of construction was begun after the effective date of the initial ordinance from which this article is derived shall meet the requirements of new construction as contained in this article.

(8)

Any alteration, repair, reconstruction or improvement to a structure which is not in compliance with the provisions of this article shall be undertaken only if the nonconformity is not furthered, extended or replaced.

(9)

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and located above the 100-year flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding.

(10)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(11)

Significant improvements necessary to improve or correct existing flooding problems within special flood hazard areas should be considered as projects to be financed through the municipal service benefit unit (MSBU) mechanism pursuant to chapter 98, article II, division 2.

(Code 1979, § 14-102; Ord. No. 02-09C, § 5, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)

In all areas of special flood hazard where base flood elevation data has been provided as set forth in section 62-4005 or section 62-4031(6), the following provisions are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of 12 inches above the base flood elevation. No portion of the structure, excluding the foundation, shall be below the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the automatic equalization of hydrostatic flood forces on walls shall be provided in accordance with standards of subsection (3).

(2)

Nonresidential construction. New construction and substantial improvement of any commercial, industrial or nonresidential structure shall either have the lowest floor, including basement, elevated to a minimum of 12 inches above the base flood elevation, or, together with attendant utility and sanitary facilities, be floodproofed to a minimum of one-foot above the base flood elevation, such that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads, the effects of buoyancy and anticipated debris impact forces. A professional engineer or architect licensed to practice in the state shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 62-4032(5).

(3)

Elevated buildings. New construction and substantial improvements of elevated buildings 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 the following minimum criteria:

1.

A minimum of two openings shall be provided for each enclosed area subject to flooding, on different sides of each enclosed area if practicable, having a total net area of not less than one-square-inch for every square foot of enclosed area subject to flooding;

2.

The bottom of all openings shall be no higher than one-foot above grade; and

3.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

b.

Electrical, plumbing and other utility connections are prohibited below the base flood elevation.

c.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).

(4)

Manufactured homes and recreational vehicles.

a.

All manufactured homes to be placed or substantially improved on individual lots or parcels, or in expansions to existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks or subdivisions, or which have incurred "substantial damage" as a result of a flood, must meet all requirements for new construction, including elevation and anchoring requirements. Within special flood hazard areas, manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home and all appurtenant building equipment is a minimum of 12 inches above the base flood elevation, and be securely anchored to an adequately anchored foundation system in accordance with the following specific requirements:

1.

Over-the-top ties shall be provided at each end of the manufactured home, with one additional tie per side at an intermediate location on manufactured homes less than 50 feet long and one additional tie per side for manufactured homes 50 feet long or longer;

2.

Frame ties shall be provided at each corner of the home, with four additional ties per side at intermediate points for manufactured homes less than 50 feet long and one additional tie for manufactured homes 50 feet long or longer;

3.

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and

4.

Any additions to the manufactured home shall be similarly anchored.

b.

Additional requirements for manufactured homes are as follows:

1.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision must be elevated so that:

i.

The lowest floor of the manufactured home and all appurtenant building equipment is elevated a minimum of 12 inches above the base flood elevation; or

ii.

The manufactured home chassis is supported by reinforced piers, or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above grade, whichever is higher.

iii.

The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.

2.

For new manufactured home parks and subdivisions; for expansions to existing manufactured home parks and subdivisions; for existing manufactured home parks and subdivisions where the repair, reconstruction 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 has commenced; and for manufactured homes not placed in a manufactured home park or subdivision, the following are required:

i.

Stands or lots shall be elevated on compacted fill so that the lowest floor of the manufactured home and all appurtenant building equipment will be a minimum of 12 inches above the base flood elevation; or

ii.

The manufactured home chassis shall be supported by reinforced piers, or other foundation elements of at least an equivalent strength, so that the lowest floor and all appurtenant building equipment will be elevated a minimum of 12 inches above the base flood elevation.

iii.

Manufactured homes shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (4)a.;

iv.

Adequate surface drainage and access for a hauler shall be provided; and

v.

In the instance of elevation on pilings, lots shall be large enough to permit steps, piling foundations shall be placed in stable soil no more than ten feet apart, and reinforcement shall be provided for pilings more than six feet above the ground level.

c.

All recreational vehicles placed on sites must either:

1.

Be fully licensed and ready for highway use; or

2.

Meet all the requirements for new construction, including the anchoring and elevation requirements of subsection (4)a. or (4)b.

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 structures.

d.

All new manufactured home parks and subdivisions located within an area of special flood hazard shall file an evacuation plan indicating alternate vehicular access and escape routes with the county emergency management director at the earliest possible date.

(5)

Floodways. Located within areas of special flood hazard established in section 62-4005 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwater, which carries debris and potential projectiles and has erosion potential, the following provisions shall apply:

a.

Encroachments are prohibited, including fill, new construction, substantial improvements and other developments, unless certification, with supporting technical data, by a professional engineer licensed to practice in the state is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.

b.

If subsection (5)a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 62-4061 and this section.

c.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile 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 section 62-4061(2) and the elevation standards of subsection (1) and the encroachment standards of subsection (5)a. are met.

(6)

Coastal high-hazard areas (V zones). These areas have special flood hazards associated with wave wash. Therefore, the following provisions shall apply:

a.

All buildings or structures shall be located landward of the reach of the mean high tide.

b.

All new construction and substantial improvements shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to a minimum of 12 inches above the base flood elevation, with all space below the lowest supporting member either open and free of obstruction, or constructed with non-supporting breakaway walls as provided for in subsection (6)h., or enclosed by open wood lattice-work or insect screening as provided in subsection (6)m.

c.

All new construction and substantial improvements shall be securely anchored on pilings or columns when any portion of the first-floor level is located at or below the 100-year base flood elevation level as established on the flood insurance rate map. The elevation of the first-floor level shall be based upon technical reports, survey, plats and other data certified by a professional engineer or architect licensed to practice in the state and provided by the applicant for the permit.

d.

Pilings or columns used as structural support and structures attached thereto shall be designed and 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 values used shall be those associated with the base flood. Wind loading values shall be those required by applicable state or local building standards.

e.

Compliance with the provisions contained in subsections (6)a., (6)b., (6)c. and (6)d. shall be certified to by a professional engineer or architect licensed to practice in the state.

f.

There shall be no fill used as a structural support.

g.

There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage.

h.

Breakaway walls shall only be allowed below the base flood elevation, provided they are not part of the structural support of the building and are designed so as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used. Breakaway walls shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot.

i.

If breakaway walls are utilized, such enclosed spaces shall be usable solely for parking of vehicles, building access or limited storage.

j.

Prior to construction, plans for any structure that will have breakaway walls must be submitted to the building official for approval.

k.

Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the initial ordinance from which this section is derived shall not enclose the space below the lowest floor unless breakaway walls are used as provided for in subsection (6)h.

l.

All buildings or structures seaward of the county coastal construction control line shall be located and constructed in accordance with article XII or other applicable ordinances.

m.

Open wood lattice-work or insect screening shall be allowed below the lowest floor, provided it is not part of the structural support of the building and is designed so as to break away, under wind and water loads, without damage to the structural integrity of the building on which it is to be used, and provided the following design specifications are met:

1.

No solid walls shall be allowed; and

2.

Material shall consist of open wood lattice-work or mesh screening only.

n.

If lattice-work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access or limited storage.

o.

Prior to construction, plans for any structures that will have lattice-work or screening must be submitted to the building official for approval.

p.

Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except with lattice-work or screening, as provided for in subsections (6)m., (6)n. and (6)o.

(7)

Streets and roads. All streets, roads, alleys or other rights-of-way constructed within areas of special flood hazard shall have the crown of such right-of-way elevated, at a minimum, to the higher of:

a.

Five feet three inches above sea level.

b.

An elevation not lower than the base flood elevation, where such base flood elevations have been established.

Nothing in this subsection shall in any way diminish the authority of the county to require such rights-of-way to be constructed at higher elevations than those set out in this subsection when, in its discretion, the county deems such higher elevations to be necessary.

(8)

Standards for areas of shallow flooding (AO zones). Located within the areas of special flood hazard established in section 62-4005 are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

a.

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent finished grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent finished grade.

b.

All new construction and substantial improvements of nonresidential structures shall:

1.

Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or

2.

Together with attendant utility and sanitary facilities, be completely floodproofed to a minimum of 12 inches above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c.

All new construction and substantial improvements shall have adequate drainage paths provided around structures on slopes, to guide floodwaters around and away from structures.

(Code 1979, § 14-103; Ord. No. 01-66, § 1, 10-16-01; Ord. No. 02-09C, § 6, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)

Editor's note— Ord. No. 2014-14, § 1, adopted May 1, 2014, repealed § 62-4063 in its entirety. Former § 62-4063 pertained to standards for areas of special flood hazard without established base flood elevations or floodways and was derived from Code 1979, § 14-104 and Ord. No. 02-09C, § 7, adopted February 26, 2002.

(a)

The building official shall review all subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If subdivision proposals or other proposed new development is in the area of special flood hazard, the building official shall review any such proposals to ensure that:

(1)

All such proposals are consistent with the need to minimize flood damage;

(2)

All such proposals have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and

(3)

All such proposals have adequate drainage provided to reduce exposure to flood hazards.

(b)

Base flood elevation data shall be provided for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, greater than five acres or 50 lots, whichever is the lesser.

(c)

Infrastructure within the 100-year floodplain should not be accepted for maintenance by the county if it serves to increase programmed densities and intensities. For purposes of this policy, programmed densities and intensities shall be those shown on the future land use map on the adoption date of the ordinance from which this section is derived.

(Code 1979, § 14-105; Ord. No. 02-09C, § 8, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)

Editor's note— Ord. No. 2014-14, § 1, adopted May 1, 2014, amended the title of § 62-4064 to read as set out herein. Previously § 62-4064 was titled standards for subdivision proposals.