All terms used herein are defined alphabetically.

Unless otherwise expressly state, the following words and terms shall, for the purpose of this chapter, have the meanings shown in this section. Where terms are not defined in this chapter and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this chapter or the Florida Building Code, such terms shall have ordinarily accepted meanings as the context implies.

Accessory structure. A structure that is located on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure such as a detached garage, gazebo, etc.

Alley. A public right-of-way, not over 30 feet in width, providing a secondary means of access and service to abutting property.

Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.

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 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] 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 202.]

Basement. That portion of a "building" which is partly or wholly below "grade" but so located that the vertical distance from the average "grade" to the flood is greater than the vertical distance from the average "grade" to the ceiling. A "basement" shall not be counted as a "story."

Beach. The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively termed "shore."

Beach access point. Any path through or over the dune used by the general public; or with respect to private property, by the owners or with the owner's permission, for the purpose of gaining access to the beach.

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

(1)

Building accessory. A "building" subordinate to the main or "principal building" on the "lot" and used for purposes customarily incidental to those of the main building. See "accessory dwelling unit"

(2)

Building, height of. Excluding oceanfront residences, the vertical distance to the intersection of the highest inside finished face of the exterior vertical wall and the highest ceiling, measured from the average natural grade or the minimum flood elevation, whichever is higher. The maximum height of the roof shall not exceed ten feet above the intersection point cited in this definition.

(3)

Building line. A line parallel to the "front lot line" at the minimum required front "setback" line.

(4)

Building, principal. "Building" in which is conducted the primary use of the "lot" on which it is situated.

Building permit. For the purposes of the concurrency management ordinance, a duly issued permit that may authorize the construction of a new building, expansion of floor area, an increase in the number of dwelling units contained in an existing building or a change in use.

Capacity. Refers to the availability of a public service or facility to accommodate users expressed in an appropriate unit of measure, such as gallons per day or average daily trips.

Chickee. An open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional material, and that does not incorporate any electrical, plumbing, or other non-wood feature.

Coastal A zone. Area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to one and one-half feet (457 mm). The inland limit of the coastal A zone is (a) the limit of moderate wave action if delineated on a FIRM, (b) designated by the authority having jurisdiction.

Coastal construction. The carrying out of any activity within jurisdiction boundaries to modify or improve site conditions including, but not limited to, building, cleaning, filling, excavation, beach/dune preservation, stabilization or restoration projects, mechanical beach cleaning, grading or planting of vegetation or the making of any material change in the size or use of any structure or the appearance of site conditions, or the presence of equipment or material upon such sites.

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 (FIMR) as zone V1-V30, VE, or V.

Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.]

(1)

Areas 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 zones 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 feet. [Also defined in FBC, B, Section 202.]

Development. The construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing vegetation; adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, filling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Development may include, but is not limited to, carrying out of any building or mining activity, the making of any material change in the use or appearance of any structure or land or the dividing of land into two or more parcels. Development does not include work by electric utility providers on utility infrastructure on certain rights-of-way or corridors and the creation or termination of distribution and transmission corridors. The following activities shall be constructed to involve development:

(1)

Reconstruction, alteration of the size or material change in the external appearance of a structure;

(2)

Change in land use intensity, such as an increase in the number of units in a structure or on the land;

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal;

(4)

Alteration of the land or vegetation in a floodplain or flood prone area;

(5)

Dredging, drilling, except to obtain soil samples, mining or excavation on land;

(6)

Demolition of a structure;

(7)

Clearing of land; and

(8)

Deposit of refuse, solid or liquid waste or fill on land.

The term "development" includes all other development customarily associated with it, unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to particular activities is not intended to limit the generality of the term "development."

Diameter at breast height (DBH). The standard measure of a single-stemmed tree at four and a half feet above grade adjacent to the tree. When a tree has grown with cluster stems at breast height, "DBH: shall be equal to the sum or aggregate of the individual stems measured at four and one-half feet above grade.

Dredging. Excavation by any means in surface waters or wetlands, as delineated in subsection F.S. § 373.421(1). Excavation also means the excavation or creation of a water body which is, or is to be, connected to surface waters or wetlands as delineated in subsection F.S. § 373.421(1), directly or via an excavated water body or series of water bodies (F.S. § 373.403(13)).

Dwelling.

(1)

Accessory dwelling unit (ADU). A smaller, stand-alone dwelling unit that shares land with a detached, stand-alone single-family home. ADUs are known by a variety of names around the United States, including granny flats, secondary suites, and accessory apartments, ADUs can be new stand-alone accessory structures or renovated portions of existing stand-alone accessory structures (i.e., detached ADUs). They can also be converted portions of existing stand-alone accessory structures (i.e., internal ADUs), additions to new or existing residences (i.e., attached ADUs), or new stand-alone accessory structures.

(2)

Complex, attached dwelling unit. A building comprised of two or more "attached dwelling units."

(3)

Dwelling, multiple-family. A "building" or portion thereof designed exclusively for occupancy by two or more families living independently of each other and not more than three stories in height. "Multiple-family dwelling" does not include mobile homes, trailers, modular homes or similar structures.

(4)

Dwelling, one-family. A "building" designed exclusively for and occupied exclusively by one family. "One-family dwelling" does not include mobile homes, trailers and similar structures but does include group homes and family day care homes as defined herein.

(5)

Dwelling unit. A "building" or portion thereof designed for occupancy by one family for residential purposes and having cooking facilities. "Dwelling unit" does not include mobile homes or trailers but does include manufactured housing that in appearance resembles housing constructed on-site.

(6)

Dwelling unit, attached. A one-family dwelling attached to one or more one-family dwellings by a common wall.

(7)

Dwelling unit, detached. A dwelling which is not attached to any other dwelling by any means. The "detached dwelling" does not have any roof, wall or floor in common with any other dwelling unit.

Easement. A right-of-way granted for limited use of a private property.

Erosion. The process where land surfaces are worn away by the force of gravity, wind, water, or ice.

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before September 5, 1979. [Also defined in FCB, B, Section 202.]

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 5, 1979.

Existing nesting or denning. An upland site which is currently being used for nesting or denning, or is expected, based on reasonable scientific judgement, to be used for such purposes based on past nesting or denning at the site.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Fence. A barrier, whether with rails, logs, posts, and railing, iron, steel, or other material forming an upright structure enclosing an area of ground to mark a boundary, manage access, or prevent escape.

Filling. The deposition, by any means, of materials in surface waters or wetlands, as delineated in F.S. § 373.421(1), (as defined in F.S. § 373.403(14)).

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 202.]

(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 202.]

Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 202.]

(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 202.]

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 the floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.]

Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this chapter (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 chapter.

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.

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 building. Any building listed on the Florida Master Site File, the National Register of Historic Places, or designated by a local government as historically, architecturally, or archaeologically significant.

Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Land clearing. The removal or grubbing by any means of any type of vegetation from land not including however, activities governed by tree removal or mangrove alteration permits.

Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(1)

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and established that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2)

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries, and other planimetric features.

(3)

Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(4)

Conditional letter of map revision (CLOMR): A 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 or map revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Limit of moderate wave action. Line shown on FIRMs to indicate the inland limit of one and one-half-foot (457 mm) breaking wave height during the base flood.

Lot. A parcel of land on which a "principal building" and its accessories may be placed together with the required open space.

(1)

Lot, corner. A "lot" of which at least two adjacent sides abut a street, provided that the two sides intersect at an angle of not more than 135 degrees. A "lot" abutting upon a curved street or streets shall be considered a "corner lot" if the tangents to the curve at its points of beginning within the "lot" or at the points of intersection are not more than 135 degrees. In the case of a "corner lot" with a curved street line, the corner shall be considered to be that point of the street and lot lines nearest to the point of intersection of the tangents herein described.

(2)

Lot, interior. A lot other than a "corner lot."

(3)

Lot line, front. In the case of a "lot" abutting upon one street, the "front lot line" is the line separating the "lot" from the "street." In the case of any other "lot," one line shall be elected to be the "front lot line" for the purposes of this chapter provided that it is so designated by the building plans filed for approval with the Town Building Official.

(4)

Lot line, rear. That boundary which is opposite and most distant from the "front lot line." In the case of a lot pointed towards the rear, the "rear lot line" shall be that assumed line parallel to the "front lot line," not less than 30 feet long, lying farthest from the "front lot line" and whole within the "lot."

(5)

Lot line, side. Any lot boundary lines not a "front lot line" or a "rear lot line." A "side lot line" separating a "lot" from a "street" is a "side street lot line." A "side lot line" separating a lot from another "lot" or "lots" is an "interior lot line."

(6)

Lot of record. A parcel of land delineated on a plat recorded with the County Registrar of Deeds.

(7)

Lot, through. A "lot" having "front and rear lot lines" abutting a "street.

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished 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 202.]

Mangrove. Rooted trees and seedlings of the following species, but only when having a coastal or estuarine association:

(1)

Red mangrove (Rhizophora mangle).

(2)

Black mangrove (Avicennia germinans).

(3)

White mangrove (Laguncularia racemosa).

(4)

Buttonwood or Button mangrove (Conocarpus erectus).

Mangrove, juvenile. A single-stem mangrove with a one inch or less diameter at breast height.

Manufactured home. A structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed to 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 or more manufactured home lots for rent or sale.

Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge or relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

Motorized vehicle. Includes, but is not limited to, any self-propelled, wheeled, tracked or belted conveyance.

Natural grade. A level that is untouched by building methods like filling, landscaping, or berming.

New construction. For the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 5, 1979, and includes any subsequent improvements to such structure.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 5, 1979.

Nonconforming building. A "building" or portion thereof existing at the effective date of this Code, or amendments thereto, that does not conform to the provision of this Code or the use regulations of the district in which it is located.

Nonconforming use. A use which lawfully occupied a "building" or land at the effective date of this Code, or amendments thereto, that does not conform to the provisions of this Code, not to the use regulations of the district in which it is located.

North American Vertical Datum (NAVD). The North American Vertical Datum is a vertical control datum that serves as a leveling network on the North American Continent, affixed to a single origin point on the continent.

Official map. A map established by the Town Council showing the streets, highways and parks laid out, adopted and established by law and any amendments thereto adopted by the Town Council, or additions thereto resulting from the approval of subdivision plats by the Town Council and the subsequent filing of the approved plats.

Park trailer. A transportable unit which has a body width not exceeding 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]

Parking. The act of bringing a motor vehicle to a stop and leaving it for a short period of time, usually at a parking lot or by the side of the road.

Person. Any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, company, corporation, group or other entity or unit, or federal, state, county or municipal government.

Public utilities. Any person, firm, corporation, municipal department or board commission duly authorized to furnish, and furnish to the public, under governmental regulations, electricity, gas, steam, telephone, telegraph, transportation, water, communication or sewage disposal.

Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in F.S. § 320.01]

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Retaining wall. Typically found on a slope, retaining walls are a structure intended to keep eroding soil in place.

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

Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B, Section 202.]

Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvements is within 180 days of the date of 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 a 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 202.]

Right-of-way. Land reserved or to be used for a street, alley, walkway, drainage facility or other public purpose.

Street. A public right-of-way or thoroughfare 50 feet or more in width which normally affords the principal means of access to abutting property. This definition includes avenue, boulevard, parkway, court, highway, lane and roadway.

(1)

Arterial street. A heavy traffic street of considerable continuity and used primarily as a traffic artery for interconnectivity among large areas. Width shall conform to the official map.

(2)

Half or partial street. A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of the type involved.

(3)

Marginal access street. A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.

(4)

Collector street. A heavy traffic road collecting residential or local street traffic and connecting arterial streets.

(5)

Private street. A privately owned access to abutting property platted, but not dedicated to the general public, with a minimum right-of-way width of 50 feet built to specifications not accepted by, improved or maintained by the Town until the time as the Town may elect to accept the road as a public street.

(6)

Structures. Anything constructed or erected, the use of which requires location on the ground or attachments to something having location on the ground.

Subdivision. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, including establishment of new streets and alleys, additions and re-subdivisions. When appropriate to the context "subdivision" related to the process of subdividing or to the land or area subdivided and filed for record with the Clerk of the Circuit Court of the County.

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B, Section 202.]

Substantial improvement. Any combination of repair, construction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has sustained "substantial damage." any repairs are considered substantial improvements (SI) regardless of the actual repair work performed. The term does not however, include either:

(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 building provided the alteration will not preclude the structure's continued designation as a historic building.

Surface water. Water on the earth's surface, whether it is distributed or contained either artificially or naturally.

Swimming pool. Includes the pool deck, coping and all other construction accessory to the swimming pool.

Tree. A woody plant having a well-defined stem, a more or less well-defined crown and which has attained a height of at least eight feet with a trunk diameter of not less than three inches, or a cluster of main stems having an aggregate diameter of not less than three inches, at a point four and one-half feet above ground.

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

Violators. Those persons or entities legally responsible for violations of this Code.

Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligated hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bods, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally go not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto, as defined in F.S. § 373.019(17). The landward extent of wetlands is delineated pursuant to chapter 17-340, F.A.C., as ratified by F.S. § 373.4211.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Title. These regulations shall be known as the Floodplain Management Ordinance of the Town of Indian River Shores, hereinafter referred to as "this chapter."

(B)

Scope. The provisions of this chapter 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; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

(C)

Intent. The purposes of this chapter 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)

Minimize damage to public and private facilities and utilities;

(5)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(6)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

(7)

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 chapter 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 chapter and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This chapter 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 chapter.

(F)

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

(Ord. No. 548, § 2, 7-23-2020; Ord. No. 558, § 2(Exh. B), 4-27-2023)

(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 chapter applies. This chapter shall apply to all flood hazard areas within the Town of Indian River Shores, as established in section 165.03(C) of this chapter.

(C)

Basis for establishing flood hazard areas. The flood insurance study for Indian River County, Florida, and incorporated areas dated January 26, 2023, 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 chapter 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 Building Department, Town of Indian River Shores, 6001 Highway A1A, Indian River Shores, Florida.

(D)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to section 165.06 of this chapter 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:

(1)

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 chapter and, as applicable, the requirements of the Florida Building Code.

(2)

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.

(E)

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

(F)

Abrogation and greater restrictions. This chapter 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 chapter and any other ordinance, the more restrictive shall govern. This chapter shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this chapter.

(G)

Interpretation. In the interpretation and application of this chapter, 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. 548, § 2, 7-23-2020; Ord. No. 554, § 2, 11-19-2020; Ord. No. 571, § 1, 5-13-24)

Editor's note— Ord. No. 571, § 1, adopted May 13, 2024, repealed § 165.02 and renumbered §§ 165.03—165.09 as §§ 165.02—165.08. Former § 165.02 pertained to definitions and derived from Ord. No. 548, § 2, adopted July 23, 2020 and Ord. No. 551, § 1, adopted November 19, 2020. Similar provisions can now be found in § 165.00.

(A)

Designation. The Town Building Official or other person designated by the Town Manager, is hereby appointed to administer and implement the provisions of this chapter as Floodplain Administrator of the Town.

(B)

General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter 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 chapter without the granting of a variance pursuant to section 165.08 of this chapter.

(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 chapter;

(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 chapter 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 chapter.

(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. Requires the applicant to obtain costs of improvements and the costs to repair, necessary to make the substantial improvement/substantial damage (SI/SD) determination. The following are acceptable methods to determine the costs:

(a)

Itemized costs of materials and labor or estimates of materials and labor that are prepared by licensed contractors or professional construction cost estimators.

(b)

"Qualified estimates" prepared by the Building Code official, or other cost estimates as approved by the Building Code Official.

(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 chapter 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 165.08 of this chapter.

(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 chapter.

(G)

Inspections. The Floodplain Administrator shall make the required inspections as specified in section 165.07 of this chapter 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 section 165.04(D) of this chapter;

(2)

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 or flood hazard area boundaries; such submissions shall be made within six months of such data becoming available;

(3)

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

(4)

Notify the Federal Emergency Management Agency when the corporate boundaries of the Town of Indian River Shores are modified; and

(5)

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 chapter and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of map 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 chapter; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Building Department, Indian River Shores Town Hall, 6001 Highway A1A, Indian River Shores, Florida.

(Ord. No. 548, § 2, 7-23-2020; Ord. No. 551, § 1, 11-19-2020; Ord. No. 558, § 2(Exh. B), 4-27-2023; Ord. No. 571, § 1, 5-13-2024)

(A)

Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this chapter, 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 chapter 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 chapter 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.

(C)

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 chapter:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

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

(3)

Temporary buildings or sheds used exclusively for construction purposes.

(4)

Mobile or modular structures used as temporary offices.

(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)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.

(7)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(8)

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

(9)

Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps

(D)

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 165.06 of this chapter.

(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.

(E)

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

(F)

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

(G)

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

(H)

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 St John's 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. 548, § 2, 7-23-2020; Ord. No. 571, § 1, 5-13-2024)

(A)

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development:

(1)

Delineation of flood hazard areas, flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development.

(2)

Where base flood elevations, are not included on the FIRM or in the flood insurance study, they shall be established in accordance with section 165.06(B)(2) or (3) of this chapter.

(3)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five 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 section 165.06(B)(1) of this chapter.

(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.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter 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 chapter.

(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 data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation data available from a federal or state agency or other source.

(3)

Where base flood elevation data are not available from another source, where the available the 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 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 three 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. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (zone V) and coastal A zones, the applicant shall have an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents.

(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 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. 548, § 2, 7-23-2020; Ord. No. 571, § 1, 5-13-2024)

(A)

General. Development for which a floodplain development permit or approval is required shall be subject to inspection.

(B)

Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this chapter and the conditions of issued floodplain development permits or approvals.

(C)

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

(D)

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 section 165.06(B)(3)(b) of this chapter, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(E)

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 section 165.07(D) of this chapter.

(Ord. No. 548, § 2, 7-23-2020; Ord. No. 558, § 2(Exh. B), 4-27-2023; Ord. No. 571, § 1, 5-13-2024)

(A)

General. The Planning, Zoning and Variance Board shall hear and decide on requests for appeals and requests for variances from the strict application of this chapter. Pursuant to F.S. § 553.73(5), the Planning, Zoning and Variance Board 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 Town Council of Indian River Shores 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 chapter. Any person aggrieved by the decision of [the] Town Council may appeal such decision to the Circuit Court, as provided by Florida Statutes.

(C)

Limitations on authority to grant variances. The Planning, Zoning and Variance Board shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 165.08(G) of this chapter, the conditions of issuance set forth in section 165.08(H) of this chapter, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Planning, Zoning and Variance Board has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter.

(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 chapter, 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 Planning, Zoning and Variance Board shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this chapter, 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 chapter or the required elevation standards;

(2)

Determination by the Planning, Zoning and Variance Board 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 $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(Ord. No. 548, § 2, 7-23-2020; Ord. No. 571, § 1, 5-13-2024)

(A)

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this chapter that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this chapter, shall be deemed a violation of this chapter. 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 chapter 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 chapter 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. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town from taking such other lawful actions as is necessary to prevent or remedy any violation.

(Ord. No. 548, § 2, 7-23-2020; Ord. No. 571, § 1, 5-13-2024)

(A)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 165.05(C) of this chapter, 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 165.22 of this chapter.

(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 chapter and ASCE 24.

(3)

Minimum FFE (Finished Floor Elevation). This is to be two feet above the base flood elevation in the Town flood map or 20 inches above crown of road in non-flood locations. Maximum FFE is 20 inches above base flood elevation or 20 inches above crown of road in non-flood locations.

(C)

Florida Building Code, Technical Amendments.

(1)

Substantial improvement shall mean the combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure taking place during a one-year period, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started.

(2)

Minimum building elevations:

(a)

The minimum elevation for non-residential buildings in flood hazard areas shall be as specified in ASCE 24 or the base flood elevation plus 2 feet, whichever is higher.

(b)

The minimum elevation for residential buildings in flood hazard areas shall be the base flood elevation plus 2 feet.

(3)

Coastal A Zone:

(a)

Non-residential buildings located in Coastal A Zones shall not be permitted to be dry floodproofed and shall not be permitted to have backfilled stem wall foundations.

(b)

Residential buildings located in Coastal A Zones shall not be permitted to have backfilled stem wall foundations.

(4)

Foundation design requirements. Construction documents for one- and two-family dwellings in flood hazard areas other than coastal high hazard areas and Coastal A Zones shall include documentation, prepared and sealed by a registered design professional, that the foundation design accounts for site-specific flood loads.

(5)

Enclosures below elevated buildings in floor hazard areas. Enclosed areas below the required elevation shall be limited as follows:

(a)

The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is required by the fire code.

(b)

The limitation on partitions does not apply to load bearing walls interior to perimeter wall (crawlspace) foundations.

(c)

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

(D)

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 other than coastal high hazard areas and Coastal A Zones, are one-story and not larger than 600 sq. ft.

(2)

If located in special flood hazard areas other than coastal high hazard areas and Coastal A Zones, have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.

(3)

If located in coastal high hazard areas and Coastal A Zones, are not located below elevated buildings and are not larger than 100 sg. ft.

(4)

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

(5)

Have flood damage-resistant materials used below the base flood elevation plus two (2) feet.

(6)

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus two (2) feet.

(Ord. No. 548, § 2, 7-23-2020; Ord. No. 558, § 2(Exh. B), 4-27-2023; Ord. No. 565, § 1(Att. A), 9-26-2023)

(1)

Clustered development and density transfer. To lessen any hardship brought on by development restrictions on the use of environmentally sensitive areas, clustering of residential or commercial development within the non-sensitive areas of the project site shall be allowed if the proposed development otherwise follows all other requirements imposed by the Land Development Code. All zoning district regulations must be followed for determining development density and intensity.

(a)

Clustered development. If the proposed development site includes ecologically sensitive areas, the density and intensity of residential or commercial units may be authorized equal to the maximum allowed for the area's total square footage, including the prohibited portions.

(i)

Such development must be clustered only on non-sensitive portions of the development site.

(ii)

If it is determined during the review of development applications described in Chapter 160 of this Land Development Code that the parcel proposed for development reflects unusual or unique circumstances, that the development of the parcel at the maximum density would have a negative impact on nearby land uses that would be detrimental to public health, safety, and welfare, or that it would be inconsistent with the Comprehensive Plan, the Local Planning Agency may suggest that the density or intensity of development be reduced.

(Ord. No. 571, § 1, 5-13-2024)

Editor's note— Ord. No. 571, § 1, adopted may 13, 2024, repealed § 165.17 and enacted a new § 165.17. Former § 165.17 pertained to subdivisions and derived from Ord. No. 548, § 2, adopted July 23, 2020

(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; 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 flood waters, 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 placement of fill. Subject to the limitations of this chapter, 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.

(E)

Limitations on sites in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, 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 section 165.06(C)(4) of this chapter 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 section 165.22(H)(3) of this chapter.

(Ord. No. 548, § 2, 7-23-2020)

Manufactured homes as defined in Florida Administrative Code Sec. 15C-1.0101 are not permitted in flood hazard areas.

(Ord. No. 548, § 2, 7-23-2020; Ord. No. 558, § 2(Exh. B), 4-27-2023)

(A)

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

(1)

Be on the site for fewer than 180 consecutive days; or

(2)

Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

(B)

Permanent placement. Permanent placement of recreational vehicles and park trailers is not permitted.

(Ord. No. 548, § 2, 7-23-2020; Ord. No. 558, § 2(Exh. B), 4-27-2023)

(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 section 165.21(C) of this chapter 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) and coastal A zones.

(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. 548, § 2, 7-23-2020)

(A)

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

(1)

Be located and constructed to minimize flood damage;

(2)

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

(3)

Be constructed of flood damage-resistant materials; and

(4)

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)

Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, 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 inches.

(C)

Decks and patios in coastal high hazard areas (zone V) and coastal A zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and coastal A zones 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 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 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.

(D)

Other development in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, 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.

(E)

Nonstructural fill in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones:

(1)

Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings.

(2)

Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.

(3)

Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

(Ord. No. 548, § 2, 7-23-2020)