Port Orange City Zoning Code

CHAPTER 8

BUILDING AND FIRE CODES

ARTICLE III: - FLOODPLAIN MANAGEMENT[2]

Footnotes:

--- (2) ---

Editor's note— Ord. No. 2014-2, § 2, adopted Jan. 28, 2014, repealed the former art. III, §§ 8—23, and enacted a new art. III, inclusive of § 8, as set out herein. The former art. III, entitled Flood Damage Prevention, pertained to similar subject matter and derived from the 1990 Land Development Code; Ord. No. 1993-2, adopted March 16, 1993; Ord. No. 1196-32, §§ 3—11, adopted Dec. 17, 1996; Ord. No. 1999-6, § 15, adopted Feb. 23, 1999; and Ord. No. 2010-2, § 2, adopted March 16, 2010. Section 3 of Ord. No. 2014-2 did not specify its manner of inclusion and has been codified as § 9 of this article.

Section 1: - Building codes.

(a)

In general.

(1)

The adopted building codes regulate the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal, demolition, and renovation of every building, structure, or appurtenance and any related mechanical, plumbing, or electrical device or system within the city.

(2)

The building official is responsible for administration and enforcement of the adopted building codes and all local amendments thereto. All references within the adopted building codes or the local amendments to "administrative authority" shall be construed to refer to the building official. All references within the adopted building codes to "construction board of adjustment and appeals," "board of adjustment and appeals," "housing board of adjustments and appeals," and any other administrative boards responsible for initial review of the building official's decisions under such codes, shall be construed to refer to the construction regulation board or other regulatory body as authorized by ordinance of the Port Orange City Council.

(3)

In case of any conflict between a provision of any adopted building code and a provision of the Code of Ordinances, City of Port Orange, Florida, the Code of Ordinances shall prevail.

(b)

Adopted building codes.

(1)

The latest edition of the Florida Building Code and all appendices as published by the State of Florida Department of Community Affairs and adopted by F.S. § 553.73 including all revisions which may be made by administrative rules promulgated by the Florida Building Commission.

(c)

Local amendments to the adopted building codes. The following local amendments to the adopted building codes shall regulate the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal, demolition and renovation of every building, structure, or appurtenance and any related mechanical, plumbing, electrical or other device or system within the city and shall supplement the Florida Building Code requirements. In the event of any conflict between a provision of any adopted local amendment and the adopted building code, the local amendment shall prevail. Where identified, the amendments shall be incorporated into the Florida Building Code under the designated numerals preceding the amendment.

Sec. 107.6.1, Florida Building Code, Building

Add a new Sec. 107.6.1 as follows:

107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code.

Sec. 117, Florida Building Code, Building

Add a new Sec. 117 as follows:

117 VARIANCES IN FLOOD HAZARD AREAS

117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.

Modify definitions in Section 1612.2. as follows:

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. The term also includes flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a five-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the five-year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this article. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

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.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Modify definitions in Section 202 as follows:

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Sec. 322.2.1, Florida Building Code, Residential

Modify Sec. R322.2.1 as follows:

R322.2.1 Elevation requirements.

Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.

Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher.

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 feet if a depth number is not specified.

Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.

Sec. 322.3.2, Florida Building Code, Residential

Modify Sec. R322.3.2 as follows:

R322.3.2 Elevation requirements.

All buildings and structures erected within coastal high-hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is:

1.1

Located at or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the direction of approach, or

1.2

Located at the base flood elevation plus 2 feet , or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of approach.

Basement floors that are below grade on all sides are prohibited.

The use of fill for structural support is prohibited.

Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways.

Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5.

(d)

For the purpose of complying with the structural requirements related to wind loads, all buildings and structures shall be designed for a minimum wind load of 120 mph in accordance with Florida Building Code section 1609. With regard to compliance with criteria relating to protection from wind-borne debris, this city is deemed to be located seaward of the 120 mph wind contour line. Therefore, all buildings within the city, are required to comply with the requirements for buildings in the wind-borne debris regions.

(Ord. No. 1992-6, 3-17-92; Ord. No. 1993-2, 3-16-93; Ord. No. 1995-26, §§ 5, 6, 8-22-95; Ord. No. 1997-29, §§ 1, 2, 5-27-97; Ord. No. 1998-54, §§ 1—6, 9-22-98; Ord. No. 2001-98, §§ 1-3, 1-29-02; Ord. No. 2002-10, § 1, 2-19-02; Ord. No. 2006-12, §§ 8—11, 5-2-06; Ord. No. 2011-5, § 2, 3-22-11; Ord. No. 2014-2, §§ 4—7, 1-28-2014)

Section 2: - Fire codes.

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

(a)

In general. Adopted fire codes [are necessary] for the reasonable protection of life and property from the hazards of fire and explosion due to the storage, use or handling of hazardous materials, substances and devices, and from conditions hazardous to life or property in the use or occupancy of buildings and premises.

(b)

Adoption of Standard Fire Prevention Code. The Florida Fire Prevention Code, current and future editions as adopted or amended by the state fire marshal, is adopted subject to al amendments, modifications or deletions noted in chapter 30, Code of Ordinances.

(Ord. No. 1992-6, 3-17-92; Ord. No. 1992-29, 11-3-92; Ord. No. 2006-12, § 12, 5-2-06)

Section 3: - Reserved.

Editor's note— Ord. No. 2006-12, § 13, adopted May 2, 2006, deleted § 3, which pertained to required fire (water) flow and derived from Ord. No. 1992-6, adopted March 17, 1992.

Section 4: - Site plan required for real property improvements.

Any application for a permit to improve residential real property which will affect any exterior dimensions or relationship to property lines, including new, moved, or relocated structures or mobile homes, additions, swimming pools, fences, or accessory structures, shall be accompanied by a certified survey and a site development plan in accordance with the following:

(a)

Certified survey. The required certified survey shall be drawn to a scale of one inch equal to 20 feet for lots up to one acre and to a scale no smaller than one inch equal to 40 feet for lots of one acre or larger, shall bear the seal and signature of the surveyor-of-record, and shall show all lot lines with bearings and distances, all easements thereon, all abutting rights-of-way, and a property description.

(b)

Site development plan. The required site development plan shall be drawn to a scale of one inch equal to 20 feet for lots up to one acre and to a scale no smaller than one inch equal to 40 feet for lots of one acre or larger, and shall show the following:

(1)

All easements, required building setbacks, and dimensions between proposed buildings and all lot lines measured at the closest point perpendicular to said lot lines;

(2)

All existing and proposed driveways, sidewalks, and patios including material type, dimensions, and distances to lot lines;

(3)

The location of all existing and proposed accessory structures, including mechanical equipment, swimming pools, fences, sheds, etc.;

(4)

The proposed location and specifications of water, sewer, and electric utility services;

(5)

The proposed landscaping including required new materials, trees to remain, tree preservation details, and lawn treatment;

(6)

A site grading plan showing proposed finish elevations of floors, patios, driveways, street crown and lot corners, and proposed grading to provide positive drainage of the lot to an approved public conveyance or designated detention or retention area.

Section 5: - Exceptions to site plan requirements.

The following exceptions shall apply to the requirements for single-family residential site plans:

(a)

The requirement for a certified survey may be waived by the building official in accordance with subsection 2(a), chapter 7 of this code.

(b)

The requirement for a landscape plan may be waived on applications for permits for accessory structures that do not affect existing trees or landscape improvements.

(c)

The requirement for a site grading plan may be waived on applications for permits for accessory structures that do not affect existing grading or drainage.

(Ord. No. 1995-43, § 39, 12-19-95)

Section 6: - Required improvements.

The following improvements shall be shown on the required site plan for all proposed new primary structures and shall be completely installed and approved prior to the issuance of a certificate of occupancy for such structure:

(a)

Driveway. A paved Portland concrete or bituminous concrete driveway of sufficient size to provide the required minimum number of off-street parking spaces for the site, and to provide access to carports and garages shall be installed in accordance with adopted standards.

(1)

Exception. The portion of the required driveway from one foot inside the property line and including any other portion on the property may be paved with an alternate material approved by the city in those cases where it is determined appropriate, based upon the prevalent material used on the driveways in the surrounding area, the expected required maintenance of the proposed material, and the probability of erosion of the proposed material due to the soil type and topography of the property.

(b)

Sidewalk. Unless otherwise specified in the approved subdivision plan, a paved Portland concrete sidewalk four feet wide shall be installed one foot inside from the property line and parallel to the right-of-way in accordance with adopted standards along all lot frontages abutting any such right-of-way. Such sidewalk shall be continuous from the property line of the abutting property or shall meet the end of any existing sidewalk in such manner to allow the sidewalk to be continuous along the entire street without interruption.

(c)

Water service. City water service shall be provided to all new dwellings in accordance with adopted standards and codes unless an approved exception allows an alternative water supply. Such water service shall be a minimum of three-quarter-inch diameter pipe and shall be installed a minimum of one foot below grade. The meter box shall be installed underground in an approved location with the top flush with the final grade.

(d)

Sewer service. City sewer service shall be provided to all new dwellings in accordance with adopted standards and codes unless an approved exception allows an on-site sewage disposal system. Such sewer shall be a minimum of four-inch diameter pipe and shall contain accessible clean-outs at the property line and as further required in the adopted plumbing code.

(e)

Electric, telephone, and video cable service. Any utility service provided to a new dwelling shall be installed underground from the provider's point of origin in the right-of-way to the customer's house connection unless the subject property is part of an existing subdivision that was approved for overhead service and the properties in the surrounding neighborhood area are predominantly overhead.

(f)

Landscaping. Each new single-family dwelling shall be provided with the minimum landscaping specified in chapter 13 of this code.

(Ord. No. 1992-29, 11-3-92; Ord. No. 1995-43, § 40, 12-19-95)

Section 7: - Reserved.

Editor's note— Former § 7, which pertained to repairing disturbed yard areas, was repealed by § 41 of Ord. No. 1995-43, adopted December 19, 1995.

Section 8: - Administration.

(a)

General provisions.

(1)

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

(2)

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.

(3)

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:

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

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;

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;

Minimize damage to public and private facilities and utilities;

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

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

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.

(4)

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.

(5)

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.

(6)

Disclaimer of liability. This article shall not create liability on the part of the city council of the City of Port Orange 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.

(b)

Applicability.

(1)

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

(2)

Areas to which this article applies. This article shall apply to all flood hazard areas within the City of Port Orange, as established in section 8(b)(3) of this article.

(3)

Basis for establishing flood hazard areas. The flood insurance study for Volusia County, Florida and Incorporated Areas dated February 19, 2014, 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 Community Development Department located at 1000 City Center Circle, Port Orange, Florida 32129.

(4)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to section 8(e) of this article 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:

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.

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.

(5)

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

(6)

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.

(7)

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

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

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

(c)

Duties and powers of the floodplain administrator.

(1)

Designation. The administrative official is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees.

(2)

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 8(g) of this article.

(3)

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

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

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

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;

Provide available flood elevation and flood hazard information;

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

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

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

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.

(4)

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:

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;

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;

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement" and previous permits issued to repair flood-related damage as specified in the definition of "substantial damage"; and

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.

(5)

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 8(g) of this article.

(6)

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.

(7)

Inspections. The floodplain administrator shall make the required inspections as specified in section 8(f) of this article 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.

(8)

Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including but not limited to:

Establish, in coordination with the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 8(c)(4) of this article;

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);

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 months of such data becoming available;

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;

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Port Orange are modified; and

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."

(9)

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 the community development department located at 1000 City Center Circle, Port Orange, Florida 32129.

(d)

Permits.

(1)

Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity 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.

(2)

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.

(3)

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:

Railroads and ancillary facilities associated with the railroad.

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

Temporary buildings or sheds used exclusively for construction purposes.

Mobile or modular structures used as temporary offices.

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.

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.

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.

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

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.

(4)

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:

Identify and describe the development to be covered by the permit or approval.

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that readily identifies and definitively locates the site.

Indicate the use and occupancy for which the proposed development is intended.

Be accompanied by a site plan or construction documents as specified in section 8(e) of this article.

State the valuation of the proposed work.

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

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

(5)

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 Code, 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.

(6)

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.

(7)

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.

(8)

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:

The St. Johns River Water Management District; F.S. § 373.036.

Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065 and Chapter 64E-6, F.A.C.

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.

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

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.

Federal permits and approvals.

(e)

Site plans and construction documents.

(1)

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:

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.

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 section 8(e)(2)(b) or (c) of this article.

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 8(e)(2)(a) of this article.

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.

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

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.

Delineation of the coastal construction control line or notation that the site is seaward of the coastal construction control line, if applicable.

Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.

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.

(2)

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:

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

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.

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:

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

Specify that the base flood elevation is three 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.

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.

(3)

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:

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 section 8(e)(4) of this article and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

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 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.

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 section 8(e)(4) of this article.

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.

Hydrologic and hydraulic engineering analyses demonstrating that compensatory storage as specified in section 9(c)(6) of this article is hydraulically equivalent.

(4)

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.

(f)

Inspections.

(1)

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

(2)

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.

(3)

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.

(4)

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:

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

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with section 8(e)(2)c.2. 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.

(5)

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 8(f)(4) of this article.

(6)

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.

(g)

Variances and appeals.

(1)

General. The construction regulation board 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 construction regulation 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.

(2)

Appeals. The construction regulation board 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 the construction regulation board may appeal such decision to the city council, and subsequently, if appropriate, to the Circuit Court, as provided by Florida Statutes.

(3)

Limitations on authority to grant variances. The construction regulation board shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 8(g)(7) of this article, the conditions of issuance set forth in Section 8(g)(8) of this article, and the comments and recommendations of the floodplain administrator and the building official. The construction regulation board has the right to attach such conditions as it deems necessary to further the purposes and objectives of this article.

(4)

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 section 8(e)(3) of this article.

(5)

Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code.

(6)

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 section 8(g)(3), 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.

(7)

Considerations for issuance of variances. In reviewing requests for variances, the construction regulation board shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this article, and the following:

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

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

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

The importance of the services provided by the proposed development to the community;

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

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

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

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

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

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.

(8)

Conditions for issuance of variances. Variances shall be issued only upon:

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;

Determination by the construction regulation board that:

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;

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

The variance is the minimum necessary, considering the flood hazard, to afford relief;

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

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 $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(h)

Violations.

(1)

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.

(2)

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.

(3)

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 the enforcement provisions described in chapter 3, article I, section 7 of this code in addition to any other applicable penalties as prescribed by law.

(Ord. No. 2014-2, § 2, 1-28-2014)

Section 9: - Flood resistant development.

(a)

Buildings and structures.

(1)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 8(d)(3) of this article, 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 9(g) of this article.

(2)

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:

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.

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.

(3)

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

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

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

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

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

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

(b)

Subdivisions.

(1)

Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

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

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.

(2)

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:

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats;

Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with section 8(e)(2)a. of this article; and

Compliance with the site improvement and utilities requirements of section 9(c) of this article.

(c)

Site improvements, utilities and limitations.

(1)

Minimum requirements. All proposed new development shall be reviewed to determine that:

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

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

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.

(2)

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.

(3)

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.

(4)

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 section 8(e)(3)a. of this article demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(5)

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.

(6)

Compensatory storage. Hydraulically equivalent compensatory storage shall be required except for development within redevelopment districts or residential in-fill development on an existing subdivision. If any fill is placed in the special flood hazard area, reducing the volume of floodplain storage available, a minimum of an equal volume of soil shall be excavated and the area designed to drain freely to the watercourse. A restriction against modification of the compensatory storage area shall be recorded on the deed of the property where it is located and the restriction shall be binding on future owners.

(7)

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 section 8(e)(3)d. 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 section 9(g)(8) of this article.

(d)

Manufactured homes.

(1)

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.

(2)

Limitations. New installations of manufactured homes shall not be permitted in floodways or coastal high hazard areas (zone V).

(3)

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

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.

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.

(4)

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.

(5)

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).

(6)

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.

(7)

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.

(e)

Recreational vehicles and park trailers.

(1)

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

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

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.

(2)

Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 9(e)(1) of this article for temporary placement shall meet the requirements of section 9(d) of this article for manufactured homes.

(f)

Tanks.

(1)

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.

(2)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of section 9(f)(3) of this article shall:

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.

Not be permitted in coastal high hazard areas (zone V).

(3)

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.

(4)

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

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

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(g)

Other development.

(1)

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:

Be located and constructed to minimize flood damage;

Meet the limitations of section 9(c)(4) of this article if located in a regulated floodway;

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

Be constructed of flood damage-resistant materials; and

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.

(2)

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 section 9(c)(4) of this article.

(3)

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 section 9(c)(4) of this article.

(4)

Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 9(c)(4) of this article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of section 8(e)(3)c. of this article.

(5)

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:

Structurally independent of the foundation system of the building or structure;

Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and

Have a maximum slab thickness of not more than four inches.

(6)

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:

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.

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.

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.

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.

(7)

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:

Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

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

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

(8)

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

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

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.

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. 2014-2, § 3, 1-28-2014; Ord. No. 2021-6, §§ 3, 4, 3-2-21)