Editor's note— Ord. No. 1020, § 1, adopted Feb. 24, 2009, repealed § 46-431, pertaining to purpose and applicability of article; § 46-432, pertaining to groundwater and wellhead protection; and § 46-433, pertaining to streamside management zones. Sections 46-431—46-433 derived from Ord. No. 789, art. IV, §§ 1, 2, 5, adopted Aug. 11, 1992.

(a)

All new developments will indicate the location and extent of wetlands on the property on their site plans.

(b)

The city will require that a storm water management permit is obtained from the state department of environmental regulation for all new developments and redevelopments.

(c)

Wetlands that are publicly owned shall be used for resource-based passive recreation and open space only.

(d)

Wetlands that are privately owned shall be limited to residential usage at a density of no more than one unit per 20 acres, which shall be transferred to the adjacent nonfloodplain or nonwetland portion of the site, except that:

(1)

For recorded lots existing on September 1, 1991, that lie entirely within the 100-year floodplain, the lowest floor elevation shall be elevated at least one foot above the 100- year flood height, without the use of dredge and fill other than that required to set pilings, so as to preserve the natural functions of the 100-year floodplain and so that the flood-carrying and flood storage capacities are maintained.

(2)

For recorded lots existing on August 1, 1991, if the proposed development site does not include sufficient uplands to permit use of the property without developing in the wetlands, then the amount of development is limited to the limited amount necessary to permit construction of a dwelling on pilings; however, in all cases, at least 95 percent of the wetlands must remain in undisturbed open space. The city may vary setbacks to allow transfer of the density from the wetlands to the upland portion of the site. However, when the setback reductions cannot accommodate the location of the dwelling, mitigation of wetlands damage shall be required at a ratio of two to one so that twice as much wetlands will be created or restored as is destroyed or damaged due to the development. The dwelling shall be constructed so that the lowest floor elevation is elevated at least one foot above the 100-year flood height for those wetlands that are also located in the 100-year floodplain. No dredging and filling shall be allowed in the wetlands other than that required to set pilings.

(3)

The wetlands and floodplains from which the development has been transferred shall remain as undisturbed and unaltered open space. In order to accommodate the development transferred to the adjacent nonwetland and nonfloodplain portion of the site, clustering will be allowed. The proposed clustered development plan shall undergo a site plan review.

(e)

The city will review and comment on any dredge and fill permits requested within the city limits, and, if the proposal is not consistent with this plan, will recommend denial of the permit to that agency responsible for issuing the permit.

(Ord. No. 789, art. IV, § 6, 8-11-92; Ord. No. 1020, § 1, 2-24-09)

State Law reference— Protection of environmentally sensitive lands, F.S. § 163.3202(2)(e).

Unless specifically defined below, words or phrases used in this division shall be interpreted so as to give them the meanings they have in common usage and to give this division its most reasonable application.

Addition (to any building) means any walled and roofed expansion to the perimeter or height of a building.

Appeal means a request for a review of the building official's interpretation of any provision of this division or a request for a variance.

Area of shallow flooding means a designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard means and includes:

(1)

All areas designated on a flood hazard boundary map as zone A or on a flood insurance rate map as zone A, AO, AH, A1-30, AE or A99. The relevant flood hazard boundary map and flood insurance rate maps, and any revisions thereto, are adopted by reference and declared to be a part of this division.

(2)

Other areas of the community designated on a map by the administrator as having a one percent or greater chance of flooding in any given year. This may include isolated topographic depressions with a history of flooding or a high potential for flooding.

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

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

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment.

Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.

Existing construction means any structure for which the start of construction commenced before February 1, 1987.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before February 1, 1987.

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

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

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

Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

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

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the department of the interior) or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(2)

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

(3)

Individually listed on the State of Florida's inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By approved State of Florida program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of this division (division 2).

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing elevations within the floodplain. For purposes of this division, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or North American Vertical Datum (NAVD) of 1988.

National Geodetic Vertical Datum (NGVD), as corrected in 1929, is a vertical control used as a reference for establishing elevations within the floodplain.

New construction means any structure for which the start of construction commenced on or after February 1, 1987. The term also includes any subsequent improvements to such structure.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 1, 1987.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

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

(4)

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

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)) includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvements was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any combination of reconstruction, rehabilitation, addition or other improvements to a building, taking place during the life of a building in which the cumulative cost equals or exceeds 50 percent of the market value of the building. The market value of the building should be (1) the appraised value of the building prior to the start of the initial improvement, or (2) in the case of damage, the value of the building prior to the damage occurring. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include 1) any project for improvement of a building required to comply with existing health, sanitary or safety code specifications which have been identified by the code enforcement official and which are at a minimum necessary to assure safe living conditions, and 2) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance means a grant of relief from the requirements of this division.

(Ord. No. 831, art. 2, 6-13-95; Ord. No. 922, § 1, 4-24-01; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

The Legislature of the State of Florida has in F.S. ch. 166 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city commission ordains as follows in this division.

(Ord. No. 831, art. 1, § A, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

(a)

The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)

These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas of uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages.

(Ord. No. 831, art. 1, § B, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

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

(1)

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

(2)

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

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;

(4)

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

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(Ord. No. 831, art. 1, § C, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

The objectives of this division are to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas; and

(7)

Ensure that potential home buyers are notified that property is in a flood area.

(Ord. No. 831, art. 1, § D, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

This Division shall apply to all areas of special flood hazard within the jurisdiction of the city.

(Ord. No. 831, art. 3, § A, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance study (FIS) and the flood insurance rate map (FIRM), dated February 4, 2009, panels 12039C0226C, 0227C, 0228C, 0229C, 0231C, 0233C, 0237C, 0240C, and 0241C, with accompanying other supporting data, and any subsequent revision thereto, are adopted by reference and declared to be a part of this division.

(Ord. No. 831, art. 3, § B, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

A development permit shall be required in conformance with the provisions of this division prior to the commencement of any development activities.

(Ord. No. 831, art. 3, § C, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations.

(Ord. No. 831, art. 3, § D, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

This division is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this division and another provision conflict or overlap, whichever provision imposes the more stringent restrictions shall prevail.

(Ord. No. 831, art. 3, § E, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

In the interpretation and application of this division 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. 831, art. 3, § F, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This division does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder.

(Ord. No. 831, art. 3, § G, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

Violation of the provisions of this division or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this division or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful actions as are necessary to prevent or remedy any violation.

(Ord. No. 831, art. 3, § H, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

The building official as designated by the city manager is hereby appointed to administer and implement the provisions of this division.

(Ord. No. 831, art. 4, § A, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

Application for a development permit shall be made to the building official on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment; drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(1)

Application stage.

a.

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings;

b.

Elevation in relation to mean sea level to which any nonresidential building will be floodproofed;

c.

Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria in section 46-469(2);

d.

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

(2)

Construction stage. Provide a floor elevation or floodproofing certification after the lowest floor is completed, or in instances where the building is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the building official a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Such certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, such certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The building official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make such corrections required hereby shall be cause to issue a stop-work order for the project.

(Ord. No. 831, art. 4, § B, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

Duties of the building official shall include, but not be limited to:

(1)

Reviewing all development permits to assure that the permit requirements of this division have been satisfied.

(2)

Notifying adjacent communities and the State of Florida, National Flood Insurance Program Coordinating Office and Northwest Florida Water Management District, prior to any alteration or relocation of a watercourse, and submitting evidence of such notification to the Federal Emergency Management Agency.

(3)

Assuring that maintenance is provided within the altered or relocated portion of such watercourse so that the flood-carrying capacity is maintained.

(4)

Verifying and recording the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved buildings, in accordance with section 46-465(2).

(5)

Verifying and recording the actual elevation (in relation to mean sea level) to which the new or substantially improved buildings have been floodproofed, in accordance with section 46-465(2).

(6)

When floodproofing is utilized for a particular building, obtaining certification from a registered professional engineer or architect, in accordance with section 46-469(2).

(7)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), making the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this division.

(8)

When base flood elevation data or floodway data have not been provided in accordance with section 46-457, obtaining, reviewing and reasonably utilizing any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of this division.

All records pertaining to the provisions of this division shall be maintained in the office of the building official and shall be open for public inspection.

(Ord. No. 831, art. 4, § C, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

(a)

The board of adjustments and appeals of the city shall hear and decide appeals and requests for variances from the requirements of this division.

(b)

The board of adjustments and appeals of the city shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the building official in the enforcement or administration of this division.

(c)

Any person aggrieved by the decision of the board of adjustments and appeals of the city or any taxpayer may appeal such decision to a court of competent jurisdiction, as provided by state law.

(d)

Variances may be issued for the repair or rehabilitation of historic structures (see definition) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(e)

In passing upon such applications, the board of adjustments and appeals of the city shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this division and:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The necessity to the facility of a waterfront location, in the case of a functionally dependent facility;

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(f)

Upon consideration of the factors listed above and the purposes of this division, the board of adjustments and appeals of the city may attach such conditions to the granting of variances as it deems necessary to further the purposes of this division.

(g)

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

(h)

Conditions for variances:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building;

(2)

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

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

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(4)

The building official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency or State of Florida-National Flood Insurance Program Coordinating Office upon request.

(Ord. No. 831, art. 5, § A, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

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

(1)

New construction and substantial improvements shall be anchored to prevent flotation, collapse, and lateral movement of the structure;

(2)

Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

(3)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(4)

New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;

(5)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(6)

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

(7)

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

(8)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

(9)

Any alteration, repair, reconstruction or improvements to a building which is not in compliance with the provisions of this division shall meet the requirements of new construction as contained in this division;

(10)

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

(11)

All applicable additional federal, State of Florida, and local permits shall be obtained and submitted to the floodplain administrator. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to the following:

a.

Northwest Florida Water Management District(s): in accordance with F.S. ch. 373.036, § (2)(a) - Flood Protection and Floodplain Management.

b.

Department of Community Affairs: in accordance with F.S. ch. 380.05, Areas of Critical State Concern, and F.S. ch. 553, pt. IV, Florida Building Code.

c.

Department of Health: in accordance with F.S. § 381.0065 On-site Sewage Treatment and Disposal Systems.

(12)

Standards for subdivision proposals and other proposed development (including manufactured homes):

a.

All subdivision proposals shall be consistent with the need to minimize flood damage;

b.

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

c.

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

(Ord. No. 831, art. 5, § A, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

In all areas of special flood hazard where base flood elevation data have been provided, as set forth in section 46-457, the following provisions, in addition to those set forth in section 46-468, are required:

(1)

Residential construction. New construction and substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the automatic equalization of hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection (3) below.

(2)

Nonresidential construction. New construction and substantial improvement of any commercial, industrial or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation. Buildings located in all A zones may be floodproofed in lieu of being elevated provided that all areas of the building below the required elevation are watertight, with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 46-466(9).

(3)

Enclosures below the lowest floor. New construction and substantial improvements that include fully enclosed areas formed by foundation and other exterior walls that are subject to flooding shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

a.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet or exceed the following minimum criteria:

1.

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2.

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

3.

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

b.

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

c.

The interior portion of such enclosed area shall not be finished or partitioned into separate rooms.

(4)

Standards for manufactured homes and recreational vehicles.

a.

All manufactured homes placed or substantially improved on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks or subdivisions, and new manufactured home park or subdivisions, must meet all the requirements for new construction, including elevation and anchoring.

b.

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

1.

The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; or

2.

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

3.

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

4.

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, any manufactured home placed or substantially improved must meet the standards of subsection (4)b.1. and 3. above.

5.

Enclosed areas below the lowest floor shall meet the non-elevation design requirements of section 46-469(3).

c.

All recreational vehicles placed on sites must either:

1.

Be on site for fewer than 180 consecutive days,

2.

Be fully licensed and ready for highway use; or

3.

The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of subsection (4)a. or b.1. and 3. above. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

(5)

Floodways. Located within areas of special flood hazard established in section 46-457 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and has erosion potential, the following provisions, in addition to those set forth in section 46-469 (1) through (4), shall apply:

a.

Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a Florida-registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge;

b.

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

c.

Prohibit the placement of manufactured homes, except in an existing manufactured homes park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of section 46-468(2) and the elevation standards of section 46-469(1) and (2) and the encroachment standards of section 46-469(5)a. are met.

(Ord. No. 831, art. 5, § B, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

Located within the areas of special flood hazard established in section 46-457 where streams exist but where base flood data have been provided without floodways, the following provisions, in addition to those set forth in section 46-469, apply:

(1)

No encroachments, including fill material or structures, shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conform to standard hydraulic engineering principles.

(2)

New construction and substantial improvements of buildings shall meet the requirements of section 46-469.

(Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

(a)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(b)

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

(c)

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

(Ord. No. 831, art. 5, § D, 6-13-95; Ord. No. 985, art. 5, § A, 1-10-06)

Located within the areas of special flood hazard established in section 46-457 are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions, in addition to those set forth in section 46-468, apply:

(1)

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

(2)

All new construction and substantial improvements of nonresidential buildings shall:

a.

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

b.

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

(3)

Enclosed areas below the lowest floor shall meet the nonelevation design requirements of section 46-469(3).

(Ord. No. 831, art. 5, § E, 6-13-95; Ord. No. 985, 1-10-06; Ord. No. 1020, § 2, 2-24-09)

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

Alter and alteration mean work done on a stormwater management system other than that necessary to maintain the system's original design and function.

Detention means the collection and storage of surface water for subsequent gradual discharge.

Existing means, for purposes of the stormwater management provisions of this division, the average condition immediately before development or redevelopment commences.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes but is not limited to semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Maintenance means that action taken to restore or preserve the original design and function of any stormwater management system.

Natural systems means systems which predominantly consist of or are used by those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water.

Rate means volume per unit of time.

Retention means the collection and storage of runoff without subsequent discharge to surface waters.

Runoff coefficient means the ratio of the amount of rain which runs off a surface to that which falls on it, a factor from which runoff can be calculated.

Sediment means the mineral or organic particulate material that is in suspension or has settled in surface water or groundwater.

Site means, generally, any tract, lot or parcel of land or combination of tracts, lots or parcels of land that are in one ownership, or in diverse ownership but contiguous, and which are to be developed as a single unit, subdivision or project.

Stormwater means the flow of water which results from and that occurs immediately following a rainfall.

Stormwater management system means the system, or a combination of systems, designed to treat stormwater or collect, convey, channel, hold, inhibit or divert the movement of stormwater on, through and from a site.

Stormwater runoff means that portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Surface water means water above the surface of the ground, whether or not flowing through definite channels, including the following:

(1)

Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline;

(2)

Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks; or

(3)

Any wetland.

Wetland means land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes but is not limited to swamp hammocks, hardwood swamps, riverine cypress, cypress ponds, bayheads and bogs, wet prairies, freshwater marshes, tidal flats, salt marshes, mangrove swamps and marine meadows.

(Ord. No. 1020, § 3, 2-24-09)

The discharge of untreated and uncontrolled stormwater is a source of pollution of waters of the state, and a direct cause of flooding causing risk of harm to life and property. It is the intent of the city to minimize adverse impacts of pollution and flooding through regulation of stormwater discharges caused by land development.

(Ord. No. 1020, § 3, 2-24-09)

The following development activities are exempt from this division, except that steps to control erosion and sedimentation must be taken for all development:

(1)

The construction of a single-family, duplex, triplex or quadruplex residential dwelling unit and accessory structures on a single parcel of land, provided that such dwelling is not part of a larger common plan of development or sale.

(2)

Any development within a subdivision if each of the following conditions are met:

a.

Stormwater management provisions for the subdivision were previously approved and remain valid as part of a final plat or development plan; and

b.

The development is conducted in accordance with the stormwater management provisions submitted with the final plat or development plan.

(3)

Bona fide agricultural activity, including silvicultural activities, provided farming activities are conducted in accordance with the requirements set forth in an approved soil conservation service conservation plan and forestry activities are conducted in accordance with the Silviculture Best Management Practices (BMP) Manual (1979) published by the state division of forestry. If the conservation plan and forestry best management practices are not implemented accordingly, this exemption shall become void and a stormwater permit shall be required.

(4)

Maintenance activity that does not change or affect the quality, rate, volume or location of stormwater flows on the site of stormwater runoff.

(5)

Action taken under emergency conditions to prevent imminent harm or danger to persons, or to protect property from imminent fire, violent storms, hurricanes or other hazards. A report of the emergency action shall be made to the department of environmental regulation as soon as practicable.

(Ord. No. 1020, § 3, 2-24-09)

All nonexempt development activities (exemptions are defined in section 17-25.030, F.A.C.) must obtain a stormwater discharge permit from the state department of environmental regulation pursuant to chapter 17-25, F.A.C., and be designed, constructed and maintained in accordance with subdivision II of this division.

(Ord. No. 1020, § 3, 2-24-09)

At a minimum, stormwater management facilities shall be designed to provide for a volume of treatment equivalent to one-half inch of depth over the entire site or the runoff from the first inch of rainfall on the entire site in accordance with chapter 17-25, F.A.C., in order to meet receiving water quality standards in chapter 17-302, section 17-302.500, F.A.C.

(Ord. No. 1020, § 4, 2-24-09)

At a minimum, stormwater management facilities shall be designed and constructed to attenuate stormwater runoff caused by the 25-year, 24-hour storm event, or in conformance with the provisions of chapter 14-86, F.A.C. (Drainage Connection).

(Ord. No. 1020, § 4, 2-24-09)

The proposed stormwater management system shall be designed to accommodate the stormwater that originates within the development from adjacent lands. The stormwater system shall not be required to attenuate or treat off-site flows, but must convey off-site flows downstream. In no case shall off-site flows be impeded.

(Ord. No. 1020, § 4, 2-24-09)

No clearing, grading, cutting or filling shall commence until erosion and sedimentation control devices have been properly installed, in accordance with an approved plan, between the area to be disturbed and adjacent property, water bodies, watercourses and wetlands. All grading, filling, excavation, storage or disposal of soil and earth materials associated with development activities shall be undertaken so as to reduce the potential for soil erosion and sedimentation of water bodies and drainage ways. As a part of the development review process, a developer shall include an erosion and sediment control plan. This plan shall be certified by a registered professional engineer. The plan shall include:

(1)

Calculations of maximum runoff based on the 25-year, 24-hour storm;

(2)

A description of and specifications for sediment retention devices;

(3)

A description of and specifications for surface runoff and erosion control devices;

(4)

A description of vegetative measures such as grassing and mulching, sodding, seeding, sprigging or hydro-seeding; and

(5)

A map showing the locations of all items listed in subsections (1) through (4) of this section.

(Ord. No. 1020, § 4, 2-24-09)

Once properly installed, erosion and sediment controls must be maintained until a permanent vegetative ground cover is established. Any site or portion thereof where work is not being performed as part of the current phase of development, and which remains cleared for over 30 days, shall be stabilized. All disturbed areas shall be permanently stabilized through the establishment of appropriate vegetative ground cover upon completion of development activities on the site.

(Ord. No. 1020, § 4, 2-24-09)

The design and construction of stormwater management systems shall be consistent with the minimum standards set out in this subdivision.

(Ord. No. 1020, § 5, 2-24-09)

Peak post-development stormwater discharge rates shall not exceed the peak predevelopment rates for all critical duration storms with return period frequency of up to and including the 25-year storm period. When redevelopment is occurring on a site, the analysis of predevelopment runoff shall presume the site is in a natural and undeveloped condition. These rate control requirements shall not apply to discharges made to off-site stormwater facilities or to discharges directly into water bodies which are of sufficient size to receive the discharges with negligible adverse effects.

(Ord. No. 1020, § 5, 2-24-09)

The design and construction of all facilities shall include adequate provisions, including easements and rights-of-way, to accommodate maintenance activities for the proper operation of the facility.

(Ord. No. 1020, § 5, 2-24-09)

Ditches shall conform to the following standards:

(1)

Ditch side slopes shall be no steeper than three to one, unless paved, in which case a two to one maximum side slope will be allowed for depths greater than one foot and one to one for depths up to one foot.

(2)

Ditches shall be grassed and mulched if the peak velocity of stormwater is from zero to two and one-half feet per second, sodded if the velocity is from two and one-half to four feet per second, and paved if the velocity is greater than four feet per second. Sodding may be allowed for velocities from four to five feet per second if sod is lap-staked and joint staggered. Alternate stabilization techniques may be allowed by the administrator if sufficient additional information is provided by the applicant to ensure that ditch integrity will be maintained. Peak stormwater velocities shall be calculated based upon a 25-year storm.

(Ord. No. 1020, § 5, 2-24-09)

The side slopes of detention and retention facilities shall conform to design guidelines appropriate to the functional type of the facility, but, except as provided for in this section, shall not be steeper than a four to one slope, and shall be sodded. With approval by the administrator, seeding and mulching may be allowed for slopes flatter than ten to one, if the applicant demonstrates it is sufficient to prevent erosion. Grades steeper than four to one may be allowed, provided:

(1)

The area is surrounded by fencing or another appropriate physical barrier at least three feet in height;

(2)

All or part of the detention or retention facility is at or above natural grade, in which case retaining walls may be utilized for sides adjacent to those portions; and

(3)

The sides are stabilized with appropriate material having a suitable design life.

(Ord. No. 1020, § 5, 2-24-09)

Design of a development shall ensure that the depth of water in vehicular and pedestrian use areas does not exceed six inches for the critical duration storm, up to and including the 25-year storm.

(Ord. No. 1020, § 5, 2-24-09)

The type, intensity and structural design of any development proposed for a site shall be appropriate to the existing natural topographical characteristics of the site, while recognizing that grade changes are essential to site development. Additional alterations to the natural topography of a development site may be permitted where necessary for the safety of a building, parking area, road right-of-way, handicapped access or associated utilities, including stormwater management systems.

(Ord. No. 1020, § 5, 2-24-09)

No fill or other alteration shall be made to the topography in any natural area subject to flooding for up to and including a 100-year storm event. However, minimum fill or alteration may be allowed for a road right-of-way, driveway, water management area or septic tank, provided that all other applicable state and local standards are met and that the applicant demonstrates to the satisfaction of the building official that there is no reasonable alternative. Pilings or piers for off-grade structures are permissible under this policy. It is the intent of this section to allow selective alterations and redevelopment activities where the floodplain area has been substantially topographically altered or substantially degraded, provided all other applicable portions of this chapter are met.

(Ord. No. 1020, § 5, 2-24-09)

No newly concentrated or increased concentration of stormwater flow, including discharge from detention and retention facilities, shall be discharged off-site before or after treatment unless such discharge is into an adequate and approved conveyance or watercourse of sufficient capacity at the time of discharge to convey such discharges in accordance with the requirements of this article. Design of stormwater management systems should not allow changes in rate or course in a manner substantially different from predevelopment conditions.

(Ord. No. 1020, § 5, 2-24-09)

As a condition of every environmental management permit, clearing, exogenous fill and development activities shall be undertaken only after governmental approval of a building foundation permit or a final site plan, or as required for and in conjunction with the construction of approved roadways, utilities or other infrastructure. Notwithstanding the requirements of this section, limited clearing of a central access necessary to conduct site investigation activities, such as soil borings and topographic and boundary surveys, shall be permissible. However, if the clearing activity is of a nature which requires use of power equipment, then written notice shall be filed with the building official at least 24 hours prior to commencing any such clearing activity, identifying the site location and the purpose, limits and nature of clearing activity proposed, as well as the name, address and telephone number of the owner of the site and of the person to be performing such clearing.

(Ord. No. 1020, § 5, 2-24-09)

The city commission hereby adopts the conservation measures set out in this subdivision, to be applied in the Quincy Creek watershed for the protection of water quality. The city commission may adopt additional conservation measures to provide such protection for other receiving water bodies and associated surface water drainage basins in the city.

(Ord. No. 789, art. IV, § 4.06(A), 8-11-92)

The following are minimum acceptable methods for stormwater treatment, provided that the discharges meet state water quality criteria. More stringent treatment methods may be required by the administrator if discharges fail to meet state water quality standards.

(Ord. No. 789, art. IV, § 4.06(B), 8-11-92)

If site constraints require another method of water quality treatment, such other method may be approved by the administrator if such method provides a level of treatment equal to off-line retention as specified in section 46-552(2), and is specifically authorized by the state department of environmental regulation.

(Ord. No. 789, art. IV, § 4.06(C), 8-11-92)

The following best management practices, at a minimum, shall be required in conjunction with all new development and redevelopment and shall be adhered to by all property owners located within the Quincy Creek basin:

(1)

Buffering, which may include vegetated berms along the lower contours of lots, so as to provide or improve wildlife habitat and to improve water quality. Berms or buffers shall be vegetated with natural vegetation typical of the area and suitable for the soil and hydrology of the site.

(2)

Restricted use of pesticides, herbicides and fertilizers to those materials which have rapid decomposition characteristics, are labeled for aquatic use, and are used at the lowest possible label rates. Fertilizer constituents should have at least 50 percent slow release characteristics, be applied at the lowest labeled rate per application, be a nonphosphorous or low phosphorous analysis and be formulated for good slope retention characteristics.

(3)

Preservation or revegetation of natural wetlands, floodways and watercourses.

(4)

Use of native, low-fertilization and low-maintenance vegetation.

(5)

Soil Conservation Service approved conservation practices, including erosion and sediment control and water quality practices for all agricultural operations.

(Ord. No. 789, art. IV, § 4.06(D), 8-11-92)