The purpose of this article is to identify those resources or areas of a development site that must be protected from the harmful effects of development. A land owner/developer shall apply the provisions of this article to a proposed development site before any other development design work is done. Application of the provisions of this article will divide a proposed development site into areas that may be developed and areas that must generally be left free of development activity. The proposed development should then be designed to fit within the areas that may be developed.

(a)

The conservation element of the city comprehensive plan shall be used as framework to guide decisions regarding future development.

(b)

Environmentally sensitive lands shall be identified during the development review process to conserve or protect natural habitats and ecological systems such as ground and surface waters, wetlands, wellhead protection areas, floodplain and listed animal and plant species and their habitats.

(c)

Development plans shall comply with applicable federal, state and water management district regulations relating to environmentally sensitive lands. In all cases the strictest of the applicable standards shall apply.

(d)

Each lot of a proposed subdivision/development must include a site suitable for constructing a structure in conformity with the standards for protection of these resources.

(e)

Development proposals shall support the conservation and protection of environmentally sensitive lands and minimize the impacts on terrestrial, wetland and marine ecological communities and associated wildlife habitat.

(f)

Applications for development approval shall consider the use of innovative approaches to protect sensitive resources, such as the transfer of development rights, clustering, performance zoning, open space zoning, on-site density transfer and other techniques to maximize the establishment of open space areas or areas of protection for identified environmental sensitive lands.

(g)

The city may consider the use of a density bonus incentive for careful on-site preservation and linkage of protected environmentally sensitive lands to other on-site and off-site protected environmentally sensitive lands by allowing density increases above permitted levels for each acre of environmentally sensitive area protected (1.5 unit density increase for each one acre of environmentally sensitive area protected). This incentive applies to on-site protection of low quality wetlands in addition to identified environmentally sensitive terrestrial areas. High quality wetlands are excluded as they already must be preserved and buffered. Further, areas identified by the Florida Fish and Wildlife Conservation Commission (FFWCC) or FDEP as necessary to be preserved for the protection of threatened and endangered species or protected plant species are also excluded from use of this incentive.

The purpose of groundwater and surface water protection standards is to safeguard the health, safety and welfare of the citizens of the city of Port St. Joe. This is accomplished through ensuring the protection of the principle sources of water for domestic, agricultural and industrial use. The availability of adequate and dependable supplies of good quality water is of primary importance to the future of the city. Therefore, standards are described in this section with the intent of protecting both the quantity and quality of the groundwater and surface water supply. It is further the intent of this section to control development adjacent to designated wellheads and freshwater can to protect water supplies from potential contamination.

(a)

Prohibited uses and development activities within the wellhead protection zone including all land within a 500-foot radius of an existing or protected wellhead. Development activities shall comply with all applicable federal, state and regional regulations; specifically, the state department of environmental protection and the state department of health regulations governing allowable activities in proximity to wellheads. The following adverse land uses are prohibited within a wellhead protection zone; sanitary landfills, wastewater treatment facilities, and/or other land uses which store or handle toxic or hazardous waste or materials.

(b)

Special restrictions on development allowed within the wellhead protection zone.

(1)

Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers.

(2)

Where prohibited uses and development are proposed in areas with existing protected wells, these wells shall be abandoned, including adequate sealing and plugging according to the provisions for abandonment of water wells as described in Chapter Rule 62-532.440, Florida Administrative Code.

(3)

There shall be a prohibition against development which result in withdraws of groundwater to the point of salt water intrusion or that negatively affect identified cones of influence, water recharge areas, or surface or ground water inflow to public water supply or wells.

(c)

In order to protect surface water quality of the Port St. Joe freshwater canal, development within the area owned by the city along the freshwater canal from the Chipola River shall be restricted to allow only the necessary surface water treatment facility infrastructures. These structures will be allowed within the area own by the city along the fresh water canal from the Chipola River as shown in Map 16 of the city's comprehensive plan.

(d)

The city shall coordinate with the county to ensure that the entire potable freshwater canal is protected including areas outside the city property as shown in Map 17 of the city's comprehensive plan.

It is the intent of this section to ensure the protection of historically and/or archaeologically significant sites and structures located within the city. To encourage the sensitive reuse of historic sites or structures, the development approval authority may exercise flexibility in the application of Code requirements.

(a)

The building inspector shall maintain a listing and a map of all historic structures and/or archaeological sites currently identified on the state master site file within the city.

(b)

The building inspector shall notify the applicant if their structure is included on the master site file or is over 50 years in age thus qualifying as a possible historic structure. Alteration, renovations and/or maintenance work on structures listed on the master site file shall be completed such that the features of historic significance are not compromised. Sensitive adaptive reuse of historic structures that strives to maintain the historic character, architectural design and material composition of the original structure will be encouraged. For sites on the state's master site file, the appropriate state officials at the department of state, division of historical resources shall be consulted to determine the historical significance of the resource and to identify potential adaptive reuse possibilities, mitigative measures and the potential for state financial grant assistance.

(c)

The building inspector shall furthermore alert the applicant in the event that their proposed development is located in the vicinity of an archaeological site listed on the master site file. The developer shall alert construction personnel to the potential presence of archaeological artifacts. In the event that a potentially significant archaeological site is uncovered during the development process, the appropriate state officials at the department of state division of historical resources shall be consulted to determine the historical significance of the resource and to identify potential mitigative measures.

(d)

If a historical/archeological site is identified or uncovered, development work must stop until significance is determined and mitigation measures are identified and implemented.

The purpose of this section is to ensure that development in the city is compatible with the areas' natural resources, in addition to ensuring that development activity within the CHHA is consistent with the adopted policies of the St. Joseph Bay Aquatic Preserve Management Plan as amended, and Chapter Rule 18-20, Florida Administrative Code.

(a)

High intensity development within the CHHA, defined as areas below the elevation of the Category 1 storm surge line as established by a Sea, Lake and Overland Surges from Hurricanes (SLOSH) computerized storm surge model as defined in F.S. § 163.3178(2)(h), and depicted on the adopted Future Land Use Map Series, Map 9, shall be limited to water-dependent and water-related industrial and commercial uses.

(b)

The siting of new hospitals, group homes, nursing homes or other uses having special evacuation requirements shall be prohibited within the CHHA and discouraged in Category 2 and 3 evacuation zones as identified in Map 9 of the adopted Future Land Use Map series.

(c)

All development within the CHHA must be consistent with the currently adopted policies of the city's comprehensive plan.

(a)

There is hereby created the "St. Joseph's Bay Shoreline Protection Zone" in which special restrictions on development apply.

(b)

This protection zone extends from the St. Joseph's Bay mean high water (MHW) line to a point 50 feet landward.

(c)

As expressly provided herein, no development activity shall be undertake in the shoreline protection zone with the exception of water dependent activities; provided that the public benefit of the activity substantially outweighs the adverse environmental affect, and there is not a practical alternative to placement in the shoreline protection zone, or the development is pursuant to a development permit allowing development activity seaward of the shoreline protection zone.

(d)

The acreage within the shoreline protection zone may be used to determine total allowable units, or square footage of development, that will be allowed on-site containing part of such a zone. In such situations the clustering of development may occur in nonsensitive areas such as the upland portion of the site.

The purpose of this section is to provide standards necessary to protect the habitats of species, both flora and fauna, of endangered, threatened, or special concern status in the city. It is the intent of this section to identify the presence of listed species and their habitat in order to avoid, minimize and/or mitigate impacts on such resources.

(a)

Proposed development sites within the city will be required to be examined for the presence of state and federally protected plant and animal species prior to site clearing, disturbance or construction. When a listed species or their habitat is found, the proposal for development shall be submitted to the Florida Fish and Wildlife Conservation Commission (FFWCC) and DEP for recommendations to avoid, minimize and/or mitigate the impact of development on those species. These recommendations will be considered part of the development approval process where threatened and endangered species are present.

(b)

The generalized information reflected in the adopted map series of the comprehensive plan (such as Maps 5, 6, 7, 8 showing natural resource) and other available surveys shall be utilized to make an assessment of the presence of ecologically sensitive terrestrial, wetland and marine ecological communities, as well as wildlife habitat.

(c)

A professionally conducted survey to determine the extent of native vegetative communities shall be required for all proposed development sites of five acres or more where native habitat exists on the site. This survey shall be conducted by an ecologist, biologist, or similar professional and shall include an inventory of wildlife, as well as state and federally listed endangered and threatened animal and plant species, and species of special concern. Site surveys shall address the following:

(1)

The size and distribution of native habitat;

(2)

Wildlife and listed species populations within the proposed development site;

(3)

The feasibility and viability of on-site protection and management;

(4)

Whether the proposed development site includes a wildlife corridor and the feasibility of maintaining the wildlife corridor;

(5)

The appropriateness of avoiding and minimizing the impacts of development on-site and the appropriateness of mitigating the impacts by the relocation of the listed species to an acceptable off-site location, in the event that on-site protection is shown to be ineffective.

The purpose of this section is to conserve wetlands within the city of Port St. Joe through the combined use of the city's comprehensive plan standards, and state and federal wetlands permitting programs involving the Florida Department of Environmental Protection (FDEP), Northwest Florida Water Management District, and the United States Army Corps of Engineers (ACOE). Major wetlands and wetland systems are identified on Map 7 of the adopted comprehensive plan.

(a)

High quality wetlands shall mean all wetlands that do not qualify as a low quality wetland. High quality wetlands shall be protected with a 25-foot wide naturally vegetated buffer landward from the identified edge of the wetland except for those wetlands as provided in section 4.16. High quality wetlands reviewed as part of amendments to the future land use map shall be designated as conservation on the future land use map series.

(b)

Low quality wetlands shall mean those wetlands that do not have habitat for federally threatened or endangered species or state classified rare, critically imperiled or species of special concern, and that meet at least one of the following criteria:

(1)

Any wetland planted in pine or otherwise disturbed by silviculture activities.

(2)

Any wetland consisting of a ditch, man made canal or and borrow pit.

(3)

Any wetland containing timber roads or utility rights-of-way.

(4)

Any wetlands that are degraded due to the prevalence of exotic vegetation evidenced by the majority of the wetland containing exotic or non-native invasive species.

(Note: As of the adoption of Ordinance No. 344, in May 2007, the planting of pines, creation of new timber roads or utility rights-of-way within wetlands shall not result in a previously classified high quality wetland from being re-classified as low-quality).

(a)

The location and extent of wetlands (as defined by the Northwest Florida Water Management District (NWFWMD), Florida Department of Environmental protection (FDEP), and Army Corps of Engineers (ACOE) within the development site shall be identified as part of the development review process. Analysis of the location and the estimated amount of wetlands provided during the comprehensive plan amendment process, shall be followed by a formal wetland delineation determination prior to development order approval. The applicant may use the National Wetlands Inventory (NWI) to identify the location and extent of the wetlands as best data and analysis for comprehensive plan amendments (no detailed jurisdictional delineation at this point) and may use the consultant's analysis and best available GIS data to identify the quality of the wetlands. High quality wetlands would then be designated conservation on the FLUM as part of the plan amendment.

(b)

The protection of wetlands shall be accomplished through careful planning and the use of the city's comprehensive plan, including the future land use map, and shall take into account the type, intensity or density, extent, distribution and location of allowable land uses and the types, values, functions, sizes, conditions and locations of affected wetlands. Land uses that are incompatible with the protection of wetlands and wetland functions shall be directed away from wetlands.

(c)

New development shall be directed away from wetland impacts and clustered on upland portions of a development site, which are not otherwise environmentally sensitive. To facilitate the clustering of development out of and away from wetlands, deviations from minimum lot sizes and density transfers on a one-to-one basis (based on density and intensity of the current land use designation) to the buildable portion of the site, may be authorized. In no case shall the density exceed the designated gross density on the future land use map.

(a)

Impacts to low quality wetlands may be authorized on a case-by-case basis in conjunction with and as approved by applicable regulatory agencies unless such impacts are contrary to the interest of the public. When encroachments, alterations or removal of low-quality wetlands are permitted, they shall be mitigated based on the appropriate regulatory agency including FDEP, NWFWMD, and ACOE.

(b)

Development within high quality wetlands and their associated buffers shall be prohibited except for uses approved by the appropriate permitting agency involving passive recreational trails, water access, wetland maintenance and restoration. All encroachments into the 25-foot buffer shall be those that do not adversely affect the predevelopment hydrology of the wetland including water quality or quantity. Further, impacts to high quality wetlands shall be limited to cases where no other feasible and practicable alternative exists that will permit a reasonable use of the land as described in subsection (c).

(c)

Where impacts to identified high quality wetlands are proposed, the technical advisory committee (TAC) or the planning and development review board (PDRB) in reviewing a proposed comprehensive plan amendment or a development proposal may require that a site plan and that a biological assessment be performed by a qualified professional. The site plan and biological assessment are to assist the TAC and PDRB to assess if reasonable alternatives to impacts exist (such as clustering development on upland portions of the site, shifting development within the site, using variance of lot and setback requirements etc).

(d)

Where impacts to high quality wetlands are unavoidable, and the nature and degree of disturbance is the minimum possible to achieve development that is otherwise compliant with the goals, objectives, and policies of the plan the TAC or the PDRB may allow such impacts. A finding that no reasonable alternative is available shall only be provided when the impacts are identified as beneficial to an overriding public interest. Local government approval shall not substitute for state and federal regulatory review or recommendations for preservation and mitigation.

Wetlands within the current city limits of the city of Port St. Joe, which are located on property which is subject to already approved existing plats, development orders or planned unit developments (PUDs) approved as of January 1, 2007 shall not be subject to sections 4.11 through 4.14 above.

With the exception of water dependent uses consistent with the master plan of the port of Port St. Joe and water dependent uses that serve as public access, the required setback or minimum buffer for all areas along St. Joseph Bay and coastal and riverine wetlands shall be a minimum of 50 feet as measured from the mean high water line (MHWL). Predevelopment water flow and quality shall be maintained (see section 4.08 St. Joseph Bay shoreline protection zone).

(a)

Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Port St. Joe.

(b)

Scope. The flood provisions of this article shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

(c)

Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.

(d)

Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance.

(e)

Disclaimer of liability. This ordinance shall not create liability on the part of the Board of City Commissioners of the City of Port St. Joe or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. No. 552, § 5, 3-19-19)

Editor's note— Ord. No. 552, § 5, adopted March 19, 2019, repealed the former §§ 4.17—4.22, and enacted new §§ as set out herein. The former § 4.17—4.22 pertained to floodplain—purpose, objectives, general provisions, administration, provisions for flood hazard reduction, and variance procedures.

(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 ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Port St. Joe, as established in section 4.18(c).

(c)

Basis for establishing flood hazard areas. The Flood Insurance Study for Gulf County, Florida and Incorporated Areas dated September 28, 2007, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps, and are adopted by reference as a part of the flood provisions of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City Hall, 305 Cecil G. Costin, Sr., Boulevard, Port St. Joe, FL 32456.

(d)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to section 4.21 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 flood provisions of this article 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 flood provisions of this article shall not be deemed to nullify any provisions of local, state or federal law.

(f)

Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance.

(g)

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

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

(Ord. No. 552, § 5, 3-19-19)

Editor's note— See editor's note following § 4.17.

(a)

Designation. The building inspector, or his designee, shall be the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees.

(b)

General. The floodplain administrator is authorized and directed to administer and enforce the flood provisions of this article. The floodplain administrator shall have the authority to render interpretations consistent with the intent and purpose of the flood provisions 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 ordinance without the granting of a variance pursuant to section 4.23.

(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 the flood provisions of this article;

(3)

Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;

(4)

Provide available flood elevation and flood hazard information;

(5)

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

(6)

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

(7)

Issue development orders or permits for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and

(8)

Coordinate with and provide comments to the building official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of the flood provisions of this article.

(d)

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

(1)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

(4)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance 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 4.23.

(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 ordinance.

(g)

Inspections. The floodplain administrator shall make the required inspections as specified in section 4.22 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 4.19(d);

(2)

Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA);

(3)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available;

(4)

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

(5)

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

(6)

Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."

(i)

Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of the flood provisions of this article 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 ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City Hall, 305 Cecil G. Costin, Sr., Boulevard, Port St. Joe, FL 32456.

(Ord. No. 552, § 5, 3-19-19)

Editor's note— See editor's note following § 4.17.

(a)

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

(b)

Development orders or permits. Development orders or permits shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a development order or permit 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), development orders or permits 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 the flood provisions of this article:

(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. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

(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 development order or permit 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 4.21.

(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 development order or permit pursuant to the flood provisions of this article shall not be construed to be a permit for, or approval of, any violation of the flood provisions of this article, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions.

(f)

Expiration. A development order or permit 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 development order or permit if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of the flood provisions of this article 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 Northwest Florida Water Management District; F.S. § 373.036

(2)

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

(3)

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

(4)

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.

(5)

Federal permits and approvals.

(Ord. No. 552, § 5, 3-19-19)

Editor's note— See editor's note following § 4.17.

(a)

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

(1)

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

(2)

Where base flood elevations or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with section 4.21(b)(2) or (3).

(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 4.21(b)(1).

(4)

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide.

(5)

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

(6)

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

(7)

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

(8)

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 ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance.

(b)

Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator shall:

(1)

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

(2)

Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.

(3)

Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

a.

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

b.

Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.

(4)

Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(c)

Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents:

(1)

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in section 4.21(d) and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

(2)

For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

(3)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in section 4.21(d).

(4)

For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage.

(d)

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

(Ord. No. 552, § 5, 3-19-19)

Editor's note— See editor's note following § 4.17.

(a)

General. Development for which a development order or permit 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 flood provisions of this article and the conditions of issued development orders or permits.

(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 flood provisions of this article and the conditions of issued development orders or permits.

(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 4.21(b)(3)b, 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 4.22(d).

(f)

Manufactured homes. The floodplain administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the flood provisions 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 floodplain administrator.

(Ord. No. 552, § 5, 3-19-19)

Editor's note— See editor's note following § 4.17.

(a)

General. The planning development and review board shall hear and decide on requests for appeals and requests for variances from the strict application of the flood provisions of this article. Pursuant to F.S. § 553.73(5), the 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.

(b)

Appeals. The planning development and review 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 the flood provisions of this article. Any person aggrieved by the decision may appeal such decision to the circuit court, as provided by Florida Statutes.

(c)

Limitations on authority to grant variances. The planning development and review board shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 4.23(g), the conditions of issuance set forth in section 4.23(h), and the comments and recommendations of the floodplain administrator and the building official. The planning development and review board has the right to attach such conditions as it deems necessary to further the purposes and objectives of the flood provisions of this article.

(d)

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 4.21(c).

(e)

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.

(f)

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of section 4.23(d), 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.

(g)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(h)

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 the flood provisions of this article or the required elevation standards;

(2)

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

(Ord. No. 552, § 5, 3-19-19)

(a)

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of the flood provisions 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 ordinance 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 ordinance and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work.

(c)

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Ord. No. 552, § 5, 3-19-19)

(a)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 4.20(c), 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 4.30.

(b)

Detached accessory structures. Detached accessory structures shall be used only for parking and storage accessory to the primary structures and shall be anchored to resist wind and flood loads.

(1)

Residential accessory structures:

a.

In Zone A/AE flood hazard areas, accessory structures larger than 150 square feet and shall meet with the flood opening requirements of R322.2.

b.

In coastal high hazard areas (Zone V) and Coastal A Zone, accessory structures constructed of other materials and prefabricated light metal structures larger than 150 square feet shall meet the breakaway wall requirements of R322.3.

(2)

Nonresidential accessory structures. In all flood hazard areas, nonresidential accessory structure shall be 300 square feet or less and shall meet the flood opening requirements of ASCE 24 and in Zone V and Coastal A Zones, shall meet the breakaway wall and flood opening requirements of ASCE 24.

(Ord. No. 552, § 5, 3-19-19)

(a)

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

(1)

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

(2)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(b)

Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(1)

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

(2)

Where the subdivision has more than 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 4.21(b)(1); and

(3)

Compliance with the site improvement and utilities requirements of section 4.26.

(Ord. No. 552, § 5, 3-19-19)

(a)

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

(1)

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

(2)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(b)

Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into 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 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 4.21(c)(1) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(e)

Limitations on placement of fill. Subject to the limitations of the flood provisions of this article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code.

(f)

Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by section 4.21(c)(4) 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 4.30(h)(3).

(Ord. No. 552, § 5, 3-19-19)

(a)

General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the flood provisions of this article.

(b)

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

(1)

In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance. Foundations for manufactured homes subject to section 4.27(f) are permitted to be reinforced piers or other foundation elements of at least equivalent strength.

(2)

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

(c)

Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.

(d)

Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with section 4.27(e) or (f), as applicable.

(e)

General elevation requirement. Unless subject to the requirements of section 4.27(f), all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V).

(f)

Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to section 4.27(e), including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the:

(1)

Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or

(2)

Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.

(g)

Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such enclosed areas, as applicable to the flood hazard area.

(h)

Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area.

(Ord. No. 552, § 5, 3-19-19)

(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. Recreational vehicles and park trailers that do not meet the limitations in section 4.28(a) for temporary placement shall meet the requirements of section 4.27 for manufactured homes.

(Ord. No. 552, § 5, 3-19-19)

(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 4.29(c) shall:

(1)

Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

(2)

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

(c)

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to 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. 552, § 5, 3-19-19)

(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 ordinance or the Florida Building Code, shall:

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of section 4.26(d) if located in a regulated floodway;

(3)

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

(4)

Be constructed of flood damage-resistant materials; and

(5)

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.

(b)

Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 4.26(d).

(c)

Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 4.26(d).

(d)

Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 4.26(d). Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of section 4.21(c)(3).

(e)

Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be:

(1)

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

(2)

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

(3)

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

(f)

Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following:

(1)

A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck.

(2)

A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.

(3)

A deck or patio that has a vertical thickness of more than 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.

(g)

Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:

(1)

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

(2)

Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and

(3)

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

(h)

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

(1)

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

(2)

Nonstructural fill with finished slopes that are steeper than one 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. 552, § 5, 3-19-19)