The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

All references in this Code to the "building code", "Florida Building Code" or the "applicable building code" shall be deemed to refer to the latest building code adopted by the State of Florida.

(2)

Owner or occupant means the owner, occupant, or lessee of real property, or the employee, agent, independent contractor or other representative of such persons.

(Ord. No. 16-O-02, § 3, 8-8-16)

Editor's note— Ord. No. 16-O-02, adopted Aug. 8, 2016, repealed former § 6-1, and enacted a new § 6-1 as set out herein. Former § 6-1 adopted standard building codes and derived from Ord. No. 74-O-6, § 1, adopted Oct. 24, 1974; Ord. No. 76-O-2, § 1, adopted June 21, 1976; Ord. No. 96-O-15, § 1, adopted Oct. 28, 1996; and Ord. No. 2002-O-04, § 1, adopted Feb. 26, 2002.

State Law reference— Adoption of minimum building codes, F.S. § 553.73(2)(a).

Editor's note— Ord. No. 96-O-15, § 2, adopted Oct. 28, 1996, repealed § 6-1.1 in its entirety. Formerly, said Ord. pertained to appendices A and J of revisions adopted by reference of the standard building code, and derived from § 1 of Ord. No. 79-O-3, adopted Mar. 12, 1979.

(a)

Where, in any specific case, different sections of this article specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)

The provisions of this article shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions of the Florida Building Code.

(Ord. No. 16-O-02, § 3, 8-8-16)

Editor's note— Ord. No. 16-O-02, adopted Aug. 8, 2016, repealed former § 6-2, and enacted a new § 6-2 as set out herein. Former § 6-2 pertained to fees and conditions of city license registration and derived from Ord. No. 74-O-6, §§ 2, 3, 10, adopted Oct. 24, 1974; Ord. No. 76-O-4, §§ 2—4, adopted June 21, 1976; Ord. No. 96-O-15, § 3, adopted Oct. 28, 1996; and Ord. No. 2002-O-04, § 1, adopted Feb. 26, 2002.

(a)

Any person or firm engaging in the trades designated in Section 489.105, Florida Statutes shall first obtain a certificate of competency from the county building official, pursuant to chapter 18, article II, contractor licensing, of the Citrus County Code of Ordinances. Nothing in this article, nor the regulations adopted pursuant to this article, shall prohibit any owner from performing his own work upon his own premises, for his own use and occupancy, in accordance with Chapter 489, Florida Statutes, provided that the structure meets all the requirements of the rules, regulations, and codes adopted pursuant to this article, and a required permit is issued.

(b)

Exceptions. Any person who possesses a valid and current state certification from the state construction industry licensing board or the electrical contractors licensing board shall be exempt from the licensing provision of this article and shall not be required to obtain a certificate of competency for the trade in which he/she holds a state certificate. However, nothing in this section shall exempt such a person from obtaining the proper business tax receipt required by chapter 11 of this Code.

(Ord. No. 20-O-02, § 3, 1-27-2020)

(a)

The following buildings, structures and facilities are exempt from the provisions of this article as provided by law, and any future exemptions shall be as determined by the legislature and provided by law:

(1)

Buildings and structures specifically regulated and preempted by the federal government.

(2)

Railroads and ancillary facilities associated with the railroad.

(3)

Temporary buildings or sheds used exclusively for construction purposes.

(4)

Mobile homes used as temporary offices, except that the provisions of F.S. §§ 553.501-553.513 relating to accessibility by persons with disabilities shall apply to such mobile homes.

(5)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission or distribution of electricity.

(6)

Temporary sets, assemblies or structures used in commercial motion picture or television production, or any sound-recording.

(7)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this subsection, 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.

(b)

Construction without required permit.

(1)

Where construction is commenced before a permit is obtained, all fees that would have been required for such construction shall be doubled.

(2)

The payment for reinspection fees shall be made before any further permits will be issued to the person owing the same, or before a certificate of occupancy will be issued.

(c)

A permit fee schedule shall be established by resolution.

(d)

Work commencing before permits issued.

(1)

Any person, firm, partnership, corporation, association, or other organization who commences any work on a building, structure, sign, electrical, gas, mechanical or plumbing system before obtaining the necessary permits, or who fail to comply with any part of the provisions of this section shall be punished by imprisonment for a term not exceeding sixty (60) days or by fine not exceeding one thousand dollars ($1,000.00) or by both such fine and imprisonment. Each day such violation continues shall be deemed a separate offence, punishable as herein provided.

(Ord. No. 16-O-02, § 3, 8-8-16)

Editor's note— Ord. No. 16-O-02, adopted Aug. 8, 2016, repealed former § 6-3, and enacted a new § 6-3 as set out herein. Former § 6-3 pertained to the applicability of code to fees and derived from Ord. No. 74-O-6, § 9, adopted Oct. 24, 1974; and Ord. No. 2002-O-04, § 1, adopted Feb. 26, 2002.

Editor's note— Ord. No. 16-O-02, adopted Aug. 8, 2016, repealed § 6-4, which pertained to applicability of code to licensing and bonding and derived from Ord. No. 74-O-6, § 9, adopted Oct. 24, 1974; and Ord. No. 2002-O-04, § 1, adopted Feb. 26, 2002.

There is hereby adopted by reference the Standard Excavation and Grading Code, 1975 Edition, and the whole thereof, save and except such portions as are hereinafter deleted and modified or amended, of which not less than three (3) copies have been and are now filed in the office of the clerk of the city and same are hereby adopted and incorporated as fully as if set out in length herein, and from the date which this section shall take effect, the provisions thereof shall be controlling within the corporate limits of the city.

(Ord. No. 76-O-4, § 1, 6-21-76; Ord. No. 2002-O-04, § I, 2-25-02)

Any person, firm, partnership, corporation, association, or other organization who commences any work on a building, structure, sign, electrical, gas, mechanical or plumbing system before obtaining the necessary permits, or who fail to comply with any part of the provisions of this section shall be punished by imprisonment for a term not exceeding sixty (60) days or by fine not exceeding five hundred dollars ($500.00) or by both such fine and imprisonment. Each day such violation continues shall be deemed a separate offence, punishable as herein provided.

(Ord. No. 93-O-6, § 1, 6-14-93; Ord. No. 2002-O-04, § I, 2-25-02)

Editor's note— Ord. No. 16-O-02, adopted Aug. 8, 2016, repealed article II, which pertained to the National Electric Code, and derived from Ord. No. 74-O-6, § 1, adopted Oct. 24, 1974; Ord. No. 76-O-2, § 1, adopted June 21, 1976; Ord. No. 78-O-1, § 6, adopted Dec. 19, 1977; Ord. No. 96-O-15, § 1, adopted Oct. 28, 1996; and Ord. No. 2002-O-04, § II, adopted Feb. 26, 2002.

Editor's note— Ord. No. 2002-O-04, § I, adopted Feb. 25, 2002, repealed § 6-17, which pertained to the electrical code amendments, and was derived from Ord. No. 78-O-1, § 6, 12-19-77.

This article shall be referred to as the "Crystal River Fire Prevention Code" or the "fire prevention code" and shall be effective within the incorporated area of Crystal River, Florida.

(Ord. No. 92-O-3 § 1, 4-27-92; Ord. No. 2002-O-04, § 3, 2-25-2002)

As used in the article, the following words an terms shall have the following meanings, unless a different meaning is clearly intended:

City shall mean the City of Crystal River, Florida.

Codes shall mean the rules and regulations pertaining to fire prevention adopted by this article and all amendments thereto.

Council shall mean the city council of the City of Crystal River, Florida.

Fire authority shall mean the city council of the City of Crystal River, Florida.

Fire hazard shall mean a building, premises, place or thing, which by reason of its nature, location, occupancy, condition or use may cause loss, damage, or injury to persons or property by reason of fire, explosion or action of the elements.

Fire official shall mean the fire chief of the Crystal River Fire Department or his designee or the chief fire marshal or his deputies employed through the Citrus County Fire Prevention who both are herein designated with the responsibility of enforcing the provisions of this article.

Nuisance shall mean any building, premises, place or thing that constitute a fire hazard as defined in this article.

(Ord. No. 92-O-3 § 1, 4-27-92; Ord. No. 2002-O-04, § III, 2-25-02)

(a)

The City Council of Crystal River does hereby adopt, by reference, the provisions of the Standard Fire Prevention Code, 1988 Edition, as promulgated by the Southern Building Code Congress International, Inc., copies of which are attached to Ordinance No. 92-O-3 and marked Exhibit "A".

(b)

The city council does hereby adopt, by reference, the provisions of chapter 17-256, Florida Administrative Code, as said regulations are promulgated by the Florida Department of Environmental Regulation, a copy of said regulations are attached to Ordinance No. 92-O-3 and marked Exhibit "B".

(c)

The provisions of the Standard Fire Prevention Code, 1988 Edition, as published by the Southern Building Code Congress International, Inc., in conjunction with the National Fire Protection Association, Battery March Park, Quincy, MAA 02269, National Fire Codes, 1988 Edition, Volumes 1—11 inclusive, shall be the standards for fire prevention enforcement within the city.

(d)

The provisions of chapter 10, section 1002.9 of the Standard Fire Prevention Code, 1988 Edition, as published by the Southern Building Code Congress International, Inc., is hereby amended and substituting therefor, the following:

(1)

All new spray booths or spray rooms shall be protected by an approved automatic fire extinguishing system.

(2)

Portable fire protection equipment shall be provided near all spraying areas as required by NFPA 10, Portable Fire Extinguishers for Extra Hazardous Occupancies.

(e)

It is the intent of the city council, that the Standard Fire Prevention Code be enforced in conjunction with the Standard Building Code, 1994 Edition, as promulgated by the Southern building Code, that prior to issuance of any building permit for the construction of a commercial building, the plans and specifications for such structure be reviewed and approved by the fire official.

(f)

It is the intent of the city council that all codes heretofore adopted in this section shall have been adopted by reference as authorized by chapter 166, Laws of Florida and it shall not be necessary for the enforcement of said codes for the clerk of the city to forward to the Secretary of State copies of said codes when forwarding a certified copy of Ordinance No. 92-O-3. In accordance with chapter 166, Laws of Florida, the city council does hereby designate the city clerk, the Crystal River Public Library and the Citrus County Fire Prevention Division as places at which copies of the above referenced Codes shall be kept available for public use, inspection, and examination.

(Ord. No. 92-O-3 § 1, 4-27-92; Ord. No. 96-O-15, § 7, 10-28-96; Ord. No. 2002-O-04, § III, 2-25-02)

In order to compel the removal of any building, premises, place or thing that constitutes a nuisance as defined herein, the owner or occupant of the ground or premises within the city may be required to remove the nuisance at the expense of said owner or occupant. Should the owner or occupant not comply with any such requirement within ninety (90) days of notice being provided to him at the address as listed on the latest ad valorem tax roll, the council shall cause said work to be done and the cost thereof shall be charged to the owner of said property and shall constitute a lien upon the property for a period of twenty (20) years. The lien shall state the name of the owner, the amount of the lien and the purpose of the lien, and shall describe the property upon which the nuisance was abated. It shall not be necessary for the lien to be sworn to, and shall be signed by the mayor of the city or the fire official, and said lien shall been forced by any procedure now authorized for enforcement of lien. All costs of enforcing said lien shall be taxed against the owner of the property including reasonable attorney's fees and court costs incurred by the city.

(Ord. No. 92-O-3 § 1, 4-27-92; Ord. No. 2002-O-04, § III, 2-25-02)

(a)

Automatic dialing telephonic alarm systems.

(1)

Intent. For the better protection of life and property, in the interest of public safety and for the more efficient and effective allocation of fire and police department personnel, the following rules are adopted.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

Automatic dialing telephonic alarm system: Any alarm system which is activated by a signal or message transmitted by microwave, a telephone line or other mode of transmittal which uses a signal or message transmitted by microwave circuit, telephone line or other mode of transmittal as an alarm signal designed to activate a signal.

Burglar/robbery alarm: An alarm system designed to be used for the detection of any unauthorized entry into a building, structure or facility or for reporting a robbery in progress.

Emergency service department: Fire and/or police departments.

Fire/smoke alarm: An alarm system designed to detect the presence of a fire or smoke.

Occupant: Any person having a possessory interest in any property and in actual possession of such property.

Fee: The assessment of a monetary charge payable to the city, authorized pursuant to this article, to defray the expenses of responding to a false alarm or alarm malfunction.

(3)

Certain telephone alarm systems prohibited. It shall be unlawful for any person to install, operate or maintain within the city a telephone alarm system using a recorded announcement which, when activated, causes a telephone connection to be made automatically with the Citrus County 911 line or any emergency telephone line installed in the police department or fire control center of the city or any other telephone line maintained by the city.

(4)

Registering, posting emergency telephone numbers. All residential premises; commercial structures and enterprises with installed alarm systems shall register any fire, burglary, or robbery alarm system with the police department annually. The annual registration fee shall be fifteen dollars ($15.00). Applicants shall provide at least two emergency contacts that will be responsible for responding to alarms. Upon registration, the police department shall issue a window decal containing the current permit year and permit number. The decal shall be displayed in a front window nearest the front entrance of the structure. Permits must be renewed by October 1 of every year. Failure to register or renew an existing permit shall be a violation and a fine shall be assessed as outlined in section 2-113.

(5)

Penalty. The penalty for violation(s) of the provisions of this article shall be one be as outlined in section 2-113.

(b)

Burglary/robbery alarm systems.

(1)

Intent. This section is adopted for the better protection of life and property in the interest of public safety and for the more efficient and effective allocation of police department personnel.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

Alarm signal shall mean any sound, signal, message or other indication which is audible, visible or otherwise perceptible and which is emitted, caused or activated by an alarm system.

Alarm system shall mean any mechanical, electrical or radio-controlled device and its transmission system which is designed to be used for the detection of any unauthorized entry into a building, structure or facility, or for indicating the commission of an unlawful act within a building, structure or facility, which emits a sound or transmits a signal or message when activated, which sound, signal or message is audible, visible, or otherwise perceptible outside of the protected building, structure or facility. Excluded is an audible alarm affixed to a motor vehicle.

Burglary/robbery alarm shall mean an alarm system designed to be used for the detection of any unauthorized entry into a building, structure or facility or for reporting a robbery in progress.

Emergency contact telephone numbers shall mean telephone numbers for emergency notifications of the owner/occupant, or agent of same, twenty-four (24) hours daily which are registered with the police department and the issued permit is displayed on the front door (main entrance) of the building housing the alarm system.

False alarm shall mean the activation of any alarm signal by an alarm system which is responded to by police department personnel and which is not caused or precipitated by an actual or attempted burglary or other attempted unlawful act or activity or other emergency reasonably requiring the services of police personnel. An alarm will be deemed to be valid only when substantial physical evidence exists which clearly indicates a criminal act was the sole reason for the activation of the alarm. Examples include, but are not limited to: freshly broken windows, doors, or locks; obvious indications of forced, illegal entry; missing property, etc. Alarm systems which activate from simple shaking of doors or rattling of windows are not properly installed and maintained and are deemed to be emitting false alarms. Alarm systems which are activated due to power outages or interruptions are deemed to be emitting false alarms. Should an alarm company notify responding units to cancel the call of an alarm prior to the arrival of the first responding unit, that alarm will be deemed to be one-half of a false alarm for purposes of this section. An alarm is not considered a false burglary/robbery alarm if the alarm is activated due to malicious causes beyond the control of the owner.

Local audible alarm shall mean an alarm system located on the premises or property protected and which is not intended to transmit signals, except audible, and not transmitted over microwave or other mode of transmittal which uses a signal or message transmitted by microwave circuit or telephone lines as an alarm signal or to activate an alarm system.

Nuisance alarm shall mean any alarm which malfunctions or activates due to personnel or other error, and causes a false alarm response by fire and/or police personnel more than three (3) times in any fiscal year (October 1, through September 30.)

Occupant/owner shall mean any person having a possessory interest in any property and in actual possession of such property. This includes the person or persons who lease, operate, occupy or manage the property or premises.

Telephonic alarm system shall mean any alarm system which is activated by a signal or message transmitted by microwave, telephone line or other mode of transmittal which uses a signal or message transmitted by microwave circuit or telephone lines as an alarm signal or to activate an alarm signal.

Fee means the assessment of a monetary charge payable to the city, authorized pursuant to this section, to defray the expenses of responding to a false alarm or alarm malfunction.

(3)

Registering, posting emergency telephone numbers. All residential premises; commercial structures and enterprises with installed alarm systems shall register any fire, burglary, or robbery alarm system with the police department annually. The annual registration fee shall be fifteen dollars ($15.00). Applicants shall provide at least two emergency contacts that will be responsible for responding to alarms. Upon registration, the police department shall issue a window decal containing the current permit year and permit number. The decal shall be displayed in a front window nearest the front entrance of the structure. Permits must be renewed by October 1 of each year. Failure to register or renew an existing permit shall be a violation and a fine shall be assessed as outlined in section 2-113.

(4)

Local audible alarms. No person shall install or maintain an audible alarm system which does not discontinue emitting the audible sound within fifteen (15) minutes after activation.

(5)

Penalty. The penalty for violation(s) of the provisions of this article shall be one be as outlined in section 2-113.

(6)

Response of owner to alarms. Once the owner or person responsible for responding to the alarm is notified of the activation of the alarm, they shall respond to the alarm location within a reasonable time, not to exceed one (1) hour of the notification. Failure to respond once notified and arrive within a reasonable time, not to exceed one (1) hour of the notification shall be deemed to be a violation of this portion of the section and shall result in a fine as outlined in section 2-113.

(7)

False alarms, nuisance alarms. Responsibility for responding to false alarms under this article shall be borne by the person or persons occupying and controlling the premises.

a.

After the third malfunction in a fiscal year, an alarm system may be designated as a "nuisance alarm." Fines shall be assessed as outlined in section 2-113.

b.

The testing of any alarm system by technicians or installer shall not result in a false alarm assessment as set out in subsection (7)a. above, provided appropriate notice is given to the department of the city that is to either receive or respond to the alarm. Upon completion of the testing, the department that is to either receives or respond to the alarm shall be notified that the testing has been concluded and that the alarm system is operating. Should notice not be given and the alarm is activated causing a response, the incident will be deemed to be a false alarm.

c.

The chief of police or his designee shall document and keep a record of all nuisance alarms and/or documentation on the owner/occupant failing to have a representative arrive at the premises within a reasonable time, not to exceed one (1) hour of notification.

(8)

Billing, collection or response fees. Upon verification that a violation of this section has occurred, the occupant/owner shall be issued a city ordinance citation, which shall be payable as outlined in sections 2-111 through 2-114.

(9)

Appeals. Any appeal or challenge to the assessment of any fine in this section shall be made with the director of code enforcement, using the procedures set forth in sections 2-111 through 2-114.

(c)

Fire alarm systems.

(1)

Intent. This section is adopted for the better protection of life and property in the interest of public safety and for the more efficient and effective allocation of fire and police department personnel.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

Alarm signal shall mean any sound, signal, message or other indication which is audible, visible or otherwise perceptible and which is emitted, caused or activated by an alarm system.

Alarm system shall mean any mechanical, electrical or radio-controlled device and its transmission system which is designed to be activated because of any smoke, heat or fire.

Fire alarm shall mean an alarm system designed to be used for the detection of any smoke, heat or fire which results in the response of the fire and police departments.

Emergency contact telephone numbers shall mean telephone numbers for emergency notifications of the owner/occupant, or agent of same, twenty-four (24) hours daily which are registered with the police department and/or exhibited on the front door (main entrance) of the building housing the alarm system.

False alarm shall mean the activation of any alarm signal by an alarm system which is responded to by fire and police department personnel and which is not caused or precipitated by smoke, heat or an actual fire reasonably requiring the services of fire and police personnel. An alarm will be deemed to be valid only when substantial physical evidence exists which clearly indicates that there was the presence of smoke, heat or fire was the sole reason for the activation of the alarm. Alarm systems which are activated due to power outages or interruptions are deemed to be emitting false alarms. Should an alarm company notify responding units to call off an alarm prior to the arrival of the first responding unit, that alarm will be deemed to be one-half of a false alarm for purposes of this section. An alarm is not considered to be a false fire alarm if the alarm is activated due to malicious causes beyond the control of the owner.

Local audible alarm shall mean an alarm system located on the premises or property protected and which is not intended to transmit signals, except audible, and not transmitted over microwave or other mode of transmittal which uses a signal or message transmitted by microwave circuit or telephone lines as an alarm signal or to activate an alarm.

Nuisance alarm shall mean any alarm which malfunctions or activates, due to personnel or other error, and causes a false alarm response by fire and police personnel more than three (3) times in any fiscal (October 1 to September 30) year.

Occupant/owner shall mean any person having a possessory interest in any property and in actual possession of such property. This includes the person or persons, who lease, operate, occupy or manage the property or premises.

Telephonic alarm system shall mean any alarm system which is activated by a signal or message transmitted by microwave, telephone line or other mode of transmittal which uses a signal or message transmitted by microwave circuit or telephone lines as an alarm signal or to activate an alarm signal.

Fee means the assessment of a monetary charge payable to the city, authorized pursuant to this section, to defray the expenses of responding to a false alarm or alarm malfunction.

(3)

Registering, posting emergency telephone numbers. All residential premises; commercial structures and enterprises with installed alarm systems shall register any fire, burglary, or robbery alarm system with the police department annually. The annual registration fee shall be fifteen dollars ($15.00). Applicants shall provide at least two (2) emergency contacts that will be responsible for responding to alarms. Upon registration, the police department shall issue a window decal containing the current permit year and permit number. The decal shall be displayed in a front window nearest the front entrance of the structure. Permits must be renewed by October 1 of each year. Failure to register or renew an existing permit shall be a violation and a fine shall be assessed as outlined in section 2-113.

(4)

Response of owner to alarms. Once the owner or person responsible for responding to the alarm is notified of the activation of the alarm, they shall respond to the alarm location within a reasonable time, not to exceed one (1) hour of the notification. Failure to respond once notified and arrive within a reasonable time, not to exceed one (1) hour shall be deemed to be a violation of this portion of the section and shall result in a fine as outlined in section 2-113.

(5)

False alarms, nuisance alarms. Responsibility for responding to false alarms under this article shall be borne by the person or persons occupying and controlling the premises.

a.

After the third malfunction in a year, an alarm system may be designated as a "nuisance alarm." Fines shall be assessed as outlined in section 2-113.

b.

The testing of any fire alarm system by technicians or installers shall not result in a false alarm assessment as set out in subsection (5)a. above, provided appropriate notice is given to the department of the city that is to either receive or respond to the alarm. Upon completion of the testing, the department that is to either receives or respond to the alarm shall be notified that the testing has been concluded and that the alarm system is operating. Should notice not be given and the fire alarm is activated causing a response, the incident will be deemed to be a false alarm.

c.

The fire chief or his designees shall document violations of this section and forward such violations to the chief of police or his designee for enforcement action.

(6)

The chief of police or his designee shall document and keep a record of all violations related to fire alarms under this section and shall prepare the necessary violation notices.

(7)

Billing, collection or response fees. Upon verification that a violation of this section has occurred, the occupant/owner shall be issued a city ordinance citation, which shall be payable as outlined in sections 2-111 through 2-114.

(8)

Appeals. Any appeal or challenge to the assessment of any fine in this section shall be made with the director of code enforcement, using the procedures set forth in sections 2-111 through 2-114.

(9)

Unlawful activation of alarm systems. It shall be unlawful for any person to activate any fire alarm system without being aware of any smoke, heat or fire reasonably requiring the services or assistance of the fire and police departments. The fine for violation of the provisions of this portion of the section shall be as outlined.

(Ord. No. 92-O-3 § 1, 4-27-92; Ord. No. 2002-O-04, § III, 2-25-02; Ord. No. 06-O-08, §§ 1—4, 4-24-2006)

The city shall, after fifteen (15) days' notice for a public hearing, adopt a fee schedule for all parties required under this article by resolution.

(Ord. No. 92-O-3 § 1, 4-27-92; Ord. No. 2002-O-04, § III, 2-25-02)

Any person violating any of the provisions of this article, if convicted, shall be punished by a fine of up to five hundred dollars ($500.00) and/or imprisonment in the county jail for a period not to exceed sixty (60) days, or both such fine and imprisonment.

(Ord. No. 92-O-3 § 1, 4-27-92; Ord. No. 2002-O-04, § III, 2-25-02)

The city council shall adopt, by resolution, such forms as may be necessary for administration of this article.

(Ord. No. 92-O-3 § 1, 4-27-92; Ord. No. 2002-O-04, § III, 2-25-02)

Editor's note— Ord. No. 16-O-02, adopted Aug. 8, 2016, repealed article IV, which pertained to the Florida Gas Code, and derived from Ord. No. 74-O-6, §§ 1, 7, adopted Oct. 24, 1974; Ord. No. 76-O-4, § 1, adopted June 21, 1976; and Ord. No. 2002-O-04, § III, adopted Feb. 26, 2002.

There is hereby adopted by reference the Standard Housing Code, 1988 Edition, as fully as if set out at length herein and Standard Unsafe Building Code (1985), and, save and except such portions as are deleted, modified or amended, its provisions shall be controlling within the city.

(Ord. No. 74-O-6, § 1, 10-24-74; Ord. No. 76-O-4, § 1, 6-21-76; Ord. No. 2002-O-04, § IV, 2-25-2002)

State Law reference— Authority to adopt published code by reference, Fla. Stats. § 165.191.

There is hereby adopted by reference the One- and Two-Family Dwelling Code, 1998 Edition, as fully as if set out at length herein, and, save and except such portions as are deleted, modified, or amended, its provisions shall be controlling within the city.

(Ord. No. 76-O-6, § 1, 10-24-74; Ord. No. 76-O-4, § 1, 6-21-76; Ord. No. 2002-O-04, § IV, 2-25-2002)

The owner of a structure shall maintain the structure and premises in a safe and sanitary condition in accordance with the following standards:

(1)

The premises, including abutting sidewalks, gutters and alleys, shall be kept free of high grass and weeds, rubbish, garbage and any material that creates a health, safety or fire hazard. Grass and weeds shall be kept below twelve (12) inches. All dead or broken trees, free limbs or shrubbery shall be cut and removed from the premises.

(2)

No owner shall accumulate or permit the accumulation of junk, trash and debris, boxes, lumber, scrap metal, junk vehicles or any other such materials on the premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked safely and elevated at least eighteen (18) inches above the ground.

(3)

No person shall deposit or place any refuse or other hazardous materials in or adjacent to any road, street, alley or other public place unless it is in proper containers for collection.

(4)

All open, uncovered or insecurely covered cisterns, cellars, wells, pits, excavations or vaults situated on any premises shall be properly secured or filled to grade with appropriate fill material.

(5)

Every swimming or wading pool not currently in use shall be maintained in sound condition and good repair. Every pool shall be enclosed by a chain-link, ornamental or solid fence with a self-closing, self-latching gate. The fence, if erected from grade, shall be no less than five (5) feet in height, or if erected from the deck of an aboveground pool, the fence shall be not less than four (4) feet in height. An approved, permitted pool cage is also an acceptable method. The pool shall be equipped with a cover adequate to protect persons or animals from harm.

(6)

Any swimming pool or wading pool not maintained in sound condition and good repair shall be removed, and the excavation shall be filled to grade with appropriate fill material.

(7)

Every owner shall be responsible to ensure water from the premises is properly disposed of in such a manner that does not interfere with the operation of a private sewage disposal system, create standing water or otherwise create a hazard.

(8)

No structure, vehicle, receptacle, yard, lot, premises or part thereof shall be constructed, made, used, maintained or operated in any manner causing or producing any health or safety hazard or permitted to become a rat harborage or to become conducive to a rat harborage, nor shall it be permitted to become a mosquito harborage or to become conducive to a mosquito harborage.

(9)

Every foundation, roof, floor, exterior wall and ceiling shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. Every outside stair or step shall be maintained in sound condition and good repair.

(10)

Every porch, stoop, deck, veranda, balcony and walk shall be maintained in sound condition and fit for its purpose.

(11)

Structurally sound hand rails shall be provided on any exterior stairs containing four (4) risers or more. Porches, patios and balconies located more than three (3) feet higher than the adjacent areas shall have structurally sound protective guard rails or hand rails. All newly constructed protective railings shall have balusters placed at intervals of not more than four (4) inches apart or shall have other sufficient protective material between the protective railing and the flooring of tread so that a space of not more than four (4) inches is present. Existing protective guard railings shall be acceptable, provided they are maintained in sound condition and good repair.

(12)

Every foundation, roof, exterior wall, door, skylight, window and door shall be weathertight, watertight, and damp-free shall be kept in sound condition and good repair.

(13)

Every window, exterior door, hatchway or similar device, shall be maintained in sound condition and good repair;

a.

Every exterior door and window that is capable of being opened and other potential means of ingress shall be equipped with hardware for locking and shall be secured so as to prevent unauthorized entry.

b.

Every unprotected window which is broken, cracked or missing glass or glazing shall be replaced and maintained in good repair.

(14)

All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by paint or other preservative material. All wood surfaces shall be cleaned and freed of flaking, loose or defective surfacing materials prior to painting or applying other preservative material.

(15)

Every masonry wall, foundation and chimney shall be kept in sound, functional, weathertight condition and in good repair.

(16)

Any tree, shrub or other type of vegetation growing in a location or manner which is likely to cause damage to any portion of a structure shall be trimmed or removed so that damage does not occur. Any damage that has occurred to the structure by overgrown trees, shrubs or other vegetation shall be repaired.

(17)

Every owner shall be responsible for the extermination of insects, rats and other vermin in or about the premises.

(18)

Every structure and the premises on which it is located shall be maintained in a rat-free and rat-proof condition.

a.

All openings in the exterior walls, foundations, doors, windows, sewers, pipes, drains, basements, ground and first floors and roofs shall be closed and made rat-proof in an approved manner.

b.

Interior floors of basements, cellars and other areas in contact with the soil shall be made rat-proof in a manner approved by the Crystal River Building Official.

(19)

Unless other provisions are made, gutters, leaders and downspouts shall be provided and maintained in good working condition so as to provide proper drainage of stormwater.

(20)

Every premises shall be graded, drained free of standing water and maintained in a clean, sanitary and safe condition.

(21)

All fences shall be maintained in sound condition and good repair.

(22)

Accessory structures on the premises of a dwelling shall be structurally sound and be maintained in good repair and free of insects and rats. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials, paint or other preservatives.

(23)

Every door, widow or other potential means of ingress of any accessory structure shall be secured so as to prevent unauthorized entry.

(24)

No person shall apply a lead-based paint to any surface of a building or part thereof or to any other structure located on the premises.

(25)

Every owner shall maintain in good repair all asbestos-containing materials on the premises. All asbestos-containing materials shall remain free from defects such as holes, cracks, tears and/or looseness that may allow the release of asbestos fibers into the environment.

(Ord. No. 07-O-09, 2-26-2007)

Editor's note— Ord. No. 16-O-02, adopted Aug. 8, 2016, repealed article VI, which pertained to the Standard Mechanical Code, and derived from Ord. No. 74-O-6, §§ 1, 6, adopted Oct. 24, 1974; Ord. No. 76-O-4, § 1, adopted June 21, 1976; and Ord. No. 2002-O-04, § V, adopted Feb. 26, 2002.

Editor's note— Ord. No. 2002-O-04, § VI, adopted Feb. 25, 2002, repealed § 6-91, the sole substantive section of article VII, which pertained to Mobile Homes and derived from Ord. No. 74-O-2, §§ 1—3, 6-21-74.

Editor's note— Ord. No. 16-O-02, adopted Aug. 8, 2016, repealed article VIII, which pertained to the Standard Plumbing Code, and derived from Ord. No. 74-O-6, §§ 1, 5, adopted Oct. 24, 1974; Ord. No. 76-O-4, § 1, adopted June 21, 1976; and Ord. No. 2002-O-04, § VII, adopted Feb. 26, 2002.

Editor's note— Ord. No. 2002-O-04, § VI, adopted Feb. 25, 2002, repealed § 6-116, §§ 6-121—6-130, §§ 6-140—6-146 which pertained to swimming pools, solar heaters and the coastal construction code, respectively, and derived from Ord. No. 74-O-6, § 1, 10-24-74; Ord. No. 76-O-4, § 1, 6-21-76; Ord. No. 77-O-1, §§ 1—10, 1-17-77; Ord. No. 86-O-7, §§ 1, 4-7-86; and Ord. No. 87-O-3, §§ 1—4, 5-12-87.

Editor's note— Ord. No. 05-O-08, § 4, adopted May 17, 2005, repealed article XII, §§ 6-150—6-159, in its entirety. Former article XII, §§ 6-150—6-159, pertained to flood damage prevention and derived from Ord. No. 87-O-4, § 2, adopted May 26, 1987; Ord. No. 94-O-24, § 1, adopted Oct. 24, 1994; Ord. No. 97-O-04, § 1, adopted Feb. 24, 1997; and Ord. No. 01-O-14, §§ 1—5, adopted July 9, 2001.

This article is promulgated for the purpose of providing a uniform numbering system for assignment of address numbers to buildings with access from officially named public and private ways in the City of Crystal River, Florida, in the interest of the public health, safety and general welfare of the citizens and other persons within Citrus County.

(Ord. No. 88-O-12, § 1, 5-23-88)

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates otherwise:

Accessory building shall mean a building which is clearly incidental or subordinate to and customarily utilized in connection with a principal building located on the same lot.

Building front shall mean that area of a building which faces the public or private way pursuant to which the building is numbered.

Grid system shall mean a series of designated north/south parallel lines intersecting a second set of east/west parallel lines within a one-square-mile area, i.e., "section," as indicated on the official zoning maps.

Numbering system shall mean a uniform method of assigning and coordinating the addresses of buildings and properties based on a designated grid system contained in the official zoning maps.

Occupant shall mean any person, firm, entity, partnership, trust, corporation, association or other organization who is occupying or leasing a building or other property for a period exceeding thirty (30) days.

Owner shall mean any and all persons, firms, entities, partnerships, trusts, corporations, associations or other organizations owning the fee title to, or having an undivided interest in, any building or property which is subject to the provisions of this article.

Principal building shall mean any structure which is designed, built or used for the support, enclosure, shelter or protection of persons of property of any kind for any residential, commercial or industrial purpose.

Private way shall mean any officially named thoroughfare used for vehicular traffic, which is not included in the definition of "public way" and which is not maintained by the city. This term shall include, but is not limited to, roadways or driveways in apartment, condominium or industrial complexes, which have been named and in which signs have been placed in accordance with city policy, and F.S. § 316.077, the state Uniform Traffic Law.

Public way shall mean that area of an officially named public road or right-of-way, either paved or unpaved, which is intended for vehicular traffic, excluding service entrances or driveways.

(Ord. No. 88-O-12, § 1, 5-23-88)

The director of the building and zoning department shall be responsible for coordinating and maintaining the numbering system established by this article. The building and zoning department and such other city agencies or departments as are designated by the city manager of the City of Crystal River, Florida, shall issue building numbers in conformity with the uniform numbering system established by the city. Should an existing building have, exhibit or be addressed by a number in conflict with the uniform numbering system, the building and zoning department shall give notice to those owners or occupants whose building number is in conflict with the uniform numbering system. The notice shall be delivered to the owner and occupant by:

(1)

Certified mail, return receipt requested;

(2)

By posting the same in a conspicuous place on the building number(s) assigned to the building located in the City of Crystal River, if the building has not been assigned a number pursuant to the uniform numbering system.

The assignment by the building and zoning department and posting by the owner or occupant of the assigned number shall be a condition precedent to the issuance of a building permit for any such building.

The building and zoning department shall duly record and keep records of all numbers assigned under this section.

(Ord. No. 88-O-12, § 1, 5-23-88)

All buildings in the city shall have their assigned building number properly displayed, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building in the city to post the assigned building number on the property in the following manner:

(1)

The building (address) number shall be affixed to the front of the building, or to a separate structure in front of the building (such as a mailbox, post, wall, fence, etc.), in such a manner so as to be clearly visible and legible from the public or private way on which the building fronts.

(2)

Numerals shall be arabic and shall not be less than three (3) inches in height and one-half (½) inch in width.

(3)

The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed.

(Ord. No. 88-O-12, § 1, 5-23-88)

Whenever a parcel of land, a subdivision, or any part thereof, becomes a part of the city by annexation or otherwise, it shall be the responsibility of the building and zoning department to review the building (i.e., address) numbers or such property and determine whether such numbers, their posting and the method of numbering for such annexed portion conform with the designated grid system and the uniform numbering system. If the number, posting or method of numbering does not conform with the city's grid system and the uniform numbering system, the building and zoning department, or such other city agency or department as the city council, may designate, shall give notice of such conformance to the owners or occupants of the affected building or property. Nonconformance includes, but is not limited to, a number out of sequence, odd or even number on the wrong side of the street and rural box numbers. The notice shall be delivered by:

(1)

Certified mail, return receipt requested;

(2)

By posting said notice in a conspicuous place on the building; or

(3)

By hand delivery.

The notice shall include a notification of a change of address and shall contain the new building number(s) assigned to the building.

(Ord. No. 88-O-12, § 1, 5-23-88)

Any person, firm, entity, partnership, trust, corporation, association or other organization failing to comply with the provisions of this article shall be punished as provided by law.

(Ord. No. 88-O-12, § 1, 5-23-88)

Article XIV shall be titled "Abatement of Dangerous Buildings."

(Ord. No. 07-O-33, § 1, 6-11-2007; Ord. No. 16-O-02, § 3, 8-8-16)

(a)

The 1997 Uniform Code for the Abatement of Dangerous Buildings is hereby adopted by reference, as if set out at length herein.

(b)

No person shall violate any of the provisions of the publication adopted by reference in subsection (a) of this section.

(c)

If there shall be any conflict between the provisions of the publication adopted by reference in subsection (b) of this section and the provisions of this chapter, the provisions of this chapter shall prevail.

(d)

The identified sections of the Uniform Code for the Abatement of Dangerous Buildings shall hereby be revised as follows:

(Ord. No. 07-O-33, § 1, 6-11-2007; Ord. No. 16-O-02, § 3, 8-8-16)

The 1997 Uniform Code for the Abatement of Dangerous Buildings is published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601.

(Ord. No. 07-O-33, § 1, 6-11-2007)

At least three copies of the 1997 Uniform Code for the Abatement of Dangerous Buildings, as adopted, are on file in the office of the city clerk and one (1) copy each in the office of the city manager and the city attorney and may be inspected during regular business hours. In addition, copies are available for sale and distribution to the public at a price not to exceed the cost thereof to the city. Additionally, an electronic version will be available on the city's web site within six (6) weeks of the adoption of this article.

(Ord. No. 07-O-33, § 1, 6-11-2007)

(a)

The purpose of this chapter is to provide a just, equitable, and practical method, to be cumulative with and in addition to, any other remedy or enforcement procedure provided by the ordinance code and the land development code of the City of Crystal River, or otherwise available at law, whereby buildings or structures which, from any cause, endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished.

(b)

The purpose of the code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited or discriminated against by the terms of the Code.

(Ord. No. 07-O-33, § 1, 6-11-2007)

All supplements issued by the International Conference of Building Officials between editions shall be filed in triplicate in the city clerk's office and shall become a part of this Uniform Code for the Abatement of Dangerous Buildings effective thirty (30) days after public notice of such filing is given by one publication in a newspaper of general circulation in Citrus County.

(Ord. No. 07-O-33, § 1, 6-11-2007)

Editor's note— Ord. No. 07-O-33, § 1, adopted June 11, 2007, set out provisions intended for use as Chapter 7 of the Land Development Code of the City of Crystal River. For purposes of classification, and at the request of the City Attorney of Crystal River, these provisions have been included as chapter 6, article XIV, §§ 6-166—6-171.

(a)

Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Crystal River, hereinafter referred to as "this article."

(b)

Scope. The provisions of this article 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.

(c)

Intent. The purposes of this article 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.

(d)

Coordination with the Florida Building Code. This article 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.

(e)

Warning. The degree of flood protection required by this article 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 manmade or natural causes. This article 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 article.

(f)

Disclaimer of liability. This article shall not create liability on the part of the City Council of the City of Crystal River or by any officer or employee thereof for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)

Areas to which this article applies. This article shall apply to all flood hazard areas within the City of Crystal River, as established in subsection (c) below.

(c)

Basis for establishing flood hazard areas. The flood insurance study for Citrus County, Florida and incorporated areas dated January 15, 2021, 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 article 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 City of Crystal River Department of Planning and Community Development.

(1)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to section 6-184 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 article 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.

(d)

Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state or federal law.

(e)

Abrogation and greater restrictions. This article 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 Florida Building Code. In the event of a conflict between this article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article.

(f)

Interpretation. In the interpretation and application of this article, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 14-O-04, § 2, 9-8-2014; Ord. No. 21-O-16, § 3(Exh. A), 9-27-2021)

(a)

Designation. The director of planning and community development is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees.

(b)

General. The floodplain administrator is authorized and directed to administer and enforce the provisions of this article. The floodplain administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article 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 article without the granting of a variance pursuant to section 6-[186].

(c)

Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the community, shall:

(1)

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

(2)

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this article;

(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)

Provide available flood elevation and flood hazard information;

(5)

Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

(6)

Review applications to determine whether proposed development will be reasonably safe from flooding;

(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 article 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 article.

(d)

Substantial improvement and substantial damage determinations. 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 Florida Building Code and this article is required.

(e)

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 section 6-186.

(f)

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 article.

(g)

Inspections. The floodplain administrator shall make the required inspections as specified in section 6-185 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.

(h)

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 subsection (d) of this section;

(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 six (6) months of such data becoming available;

(4)

Review required design certifications and documentation of elevations specified by this article and the Florida Building Code and this article to determine that such certifications and documentations are complete;

(5)

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Crystal River 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."

(i)

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 article 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 article; 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 article and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City of Crystal River City Hall, 123 Northwest Highway 19, Crystal River, FL.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development within the scope of this article, 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 article and all other applicable codes and regulations has been satisfied.

(b)

Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this article 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 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 article:

a.

Railroads and ancillary facilities associated with the railroad.

b.

Nonresidential farm buildings on farms, as provided in F.S. § 604.50.

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 F.S. § 366.02, 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 two hundred fifty (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 F.S. § 553.73(1O)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps.

(c)

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.

(4)

Be accompanied by a site plan or construction documents as specified in section [6-184] of this article.

(5)

State the valuation of the proposed work.

(6)

Be signed by the applicant or the applicant's authorized agent.

(7)

Give such other data and information as required by the floodplain administrator.

(d)

Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this article shall not be construed to be a permit for, or approval of, any violation of this article, 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.

(e)

Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions for periods of not more than one hundred eighty (180) days each shall be requested in writing and justifiable cause shall be demonstrated.

(f)

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 article or any other ordinance, regulation or requirement of this community.

(g)

Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following:

(1)

The Southwest Florida Water Management District; F.S. § 373.036.

(2)

Florida Department of Health for onsite sewage treatment and disposal systems, F.S. § 381.0065, 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; F.S. § 161.141.

(4)

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit, F.S. § 161.055.

(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.

(6)

Federal permits and approvals.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this article 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 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 subsection (b)(2) or (3).

(3)

Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five (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 subsection (b)(1).

(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 mean 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 alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.

(9)

Existing and proposed alignment of any proposed alteration of a watercourse.

The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article 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 article.

(b)

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)

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

(2)

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.

(3)

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 include 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.

(4)

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.

(c)

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 analysis to FEMA as specified in subsection (d) 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, hydrologic and hydraulic analyses that demonstrate 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 shall submit the analysis to FEMA as specified in subsection (d).

(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.

(d)

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.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

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 article and the conditions of issued floodplain development permits or approvals.

(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 article and the conditions of issued floodplain development permits or approvals.

a.

Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, 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 subsection 6-184(b)(3)b. of this article, 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 subsection (a)(2)a.

(b)

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 article 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.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

General. The City of Crystal River Planning Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this article. Pursuant to F.S. § 553.73(5), the City of Crystal River Planning Commission shall 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.

(b)

Appeals. The City of Crystal River Planning Commission 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 article. Any person aggrieved by the decision of City of Crystal River Planning Commission may appeal such decision to the Circuit Court, as provided by Florida Statutes.

(c)

Limitations on authority to grant variances. The City of Crystal River Planning Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in subsection (f), the conditions of issuance set forth in subsection (g), and the comments and recommendations of the floodplain administrator and the building official. The City of Crystal River Planning Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this article.

(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 subsection 6-184(c) of this article.

(d)

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 12 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.

(e)

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 article, provided the variance meets the requirements of subsection (c)(1), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(f)

Considerations for issuance of variances. In reviewing requests for variances, the City of Crystal River Planning Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this article, 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.

(g)

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 article or the required elevation standards;

(2)

Determination by the City of Crystal River Planning Commission that:

a.

Failure to grant the variance would result in exceptional hardship due 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 between 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 twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(Ord. No. 14-O-04, § 2, 9-8-2014; Ord. No. 21-O-16, § 3(Exh. A), 9-27-2021)

(a)

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this article that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this article, shall be deemed a violation of this article. 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 article or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.

(b)

Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this article 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.

(c)

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 prescribed by law or the City of Crystal River Code of Ordinances.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this article, have the meanings shown in this section.

(b)

Terms defined in the Florida Building Code. Where terms are not defined in this article and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.

(c)

Terms not defined. Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

(Ord. No. 14-O-04, § 2, 9-8-2014)

Accessory structure. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

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 article or a request for a variance.

ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Base flood. A flood having a one-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 F.S. § 161.053, 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 (2) areas: [Also defined in FBC, B, Section 1612.2.]

(1)

Area with a floodplain subject to a one-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 two (2) feet. [Also defined in FBC, B, Section 1612.2.]

Development. For the purpose of floodplain management, the definition of development will be any manmade 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.

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 August 15, 1984 [Also defined in FBC, B, Section 1612.2.]

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 (2) areas: [Also defined in FBC, B, Section 1612.2.]

(1)

The area within a floodplain subject to a one-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.]

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 article (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 article.

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; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel 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 12 Historic Buildings.

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:

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.

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.

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.

Conditional letter of map revision (CLOMR): A formal 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 eight thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a vehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-five (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 twelve (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, other than a basement, 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 non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]

Manufactured home. A structure, transportable in one (1) 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 utilities. 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 (2) or more manufactured home lots for rent or sale.

Market value. The value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (like-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, 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 article and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after August 15, 1984, and includes any subsequent improvements to such structures.

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 F.S. § 320.01]

Recreational vehicle. A vehicle, including a park trailer, which is: [See F.S. § 320.01)

(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.

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 one (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 one hundred eighty (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 fifty (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 fifty (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.]

(1)

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. [See instructions and notes]

Variance. A grant of relief from the requirements of this article, 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 article or the Florida Building Code.

Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

(Ord. No. 14-O-04, § 2, 9-8-2014; Ord. No. 21-O-16, § 3(Exh. A), 9-27-2021)

(a)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to subsection 6-183(b)(1), 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 facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of section 6-196 of this article.

(b)

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 F.S. § 161.54, shall be designed and constructed to comply with the intent and applicable provisions of this article and ASCE 24.

(c)

Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and:

(1)

If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas are one-story and not larger than six hundred (600) square feet and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.

(2)

If located in coastal high hazard areas (Zone V/VE) are not located below elevated buildings and are not larger than one hundred (100) square feet.

(3)

Are anchored to resist flotation collapse or lateral movement resulting from flood loads.

(4)

Have flood damage-resistant materials used below the base flood elevation plus one (1) foot.

(5)

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot.

(Ord. No. 14-O-04, § 2, 9-8-2014; Ord. No. 21-O-16, § 3(Exh. A), 9-27-2021)

(a)

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;

(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.

(b)

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;

(2)

Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with subsection 6-184(b)(1) of this article; and

(3)

Compliance with the site improvement and utilities requirements of section 6-192 of this article.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

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.

(b)

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 facilities into floodwaters, and impairment of the facilities and systems.

(c)

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.

(d)

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 subsection 6-184(c)(1) of this article demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(e)

Limitations on placement of fill. Subject to the limitations of this article, 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.

(f)

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 subsection 6-184(c)(4) of this article 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 subsection 6-196(h)(3) of this article.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this article. If located seaward of the coastal construction control line; all manufactured homes shall comply with the more restrictive of the applicable requirements.

(b)

Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that:

(1)

In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this article.

(2)

In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this article.

(c)

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.

(d)

Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas 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 and Coastal A Zone).

(e)

Enclosures. 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.

(f)

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.

(Ord. No. 14-O-04, § 2, 9-8-2014; Ord. No. 21-O-16, § 3(Exh. A), 9-27-2021)

(a)

Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:

(1)

Be on the site for fewer than one hundred eighty (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.

(b)

Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in subsection (a) or temporary placement shall meet the requirements of section 6-193 of this article for manufactured homes.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

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.

(b)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of subsection (c) 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).

(c)

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.

(d)

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.

(Ord. No. 14-O-04, § 2, 9-8-2014)

(a)

General requirements for other development. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall:

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of subsection 6-192(d) of this article if located in a regulated floodway;

(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.

(b)

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 subsection 6-192(d) of this article.

(c)

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 subsection 6-192(d) of this article.

(d)

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 (1) side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of subsection 6-192(d) of this article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of subsection 6-184(c)(3) of this article.

(e)

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.

(f)

Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida 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.

(g)

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 federal, 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

(3)

On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems.

(h)

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 (1) unit vertical to five (5) 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.

(Ord. No. 14-O-04, § 2, 9-8-2014)