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Ordinance No. 25-75-11 v " ' n ORDINANCE NO. 25-75-11 410 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PERTAINING TO REQUIREMENTS FOR COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE ACT OF 1968; PROVIDING DEFINITIONS FOR COASTAL HIGH FLOOD OR FLOODING, FLOODPROOFING , TO- GETHER WITH REQUIREMENTS FOR SAME, REGULATORY FLOOD, SUBSTANTIAL IMPROVEMENT, STRUCTURE, ACCESSORY BUILDING, RESIDENTIAL, AND BASEMENT; PROVIDING FOR APPLICATION AND ENFORCEMENT OF ORDINANCE; PROVIDING RULES FOR INTERPRETING DISTRICT BOUNDARIES AND GRANTING OF VARIANCES; PROVIDING TIME FOR TAKING EFFECT; REPEALING ALL ORDINANCES OF PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1e Statement of Legislative intent. Certain areas of the City of Atlantic Beach, Florida, are subject to flooding 44111 resulting in danger to life, loss of property, health and safety hazards, disruption of commerce and governmental services, ex- traordinary public expenditures for flood protection and relief, and impairment of tax base, all of which adversely affect the public health, safety and general warefare. (The City Commission of the City of Atlantic Beach, Florida, by Resolution No. 71-5 adopted on February 22, 1971, expressed willingness to take action necessary to meet the objectives of the National Flood Insurance Act of 1968 within the City of Atlantic Beach, Florida.) The Federal Insurance Administration declared certain areas of the City of Atlantic Beach, Florida, eligible for Federally assisted flood insurance, which insurance will mitigate the 1411/1 t Ordinance No. 25-75-11 Page Two 41111 effects of damages from such natural disasters as hurricanes and severe storms and their attendant flooding. This ordinance is adopted to insure the continued availability of said flood in- surance; to comply with Federally imposed requirements; and to protect the public health, safety and general welfare, by mini- mizing flood losses in certain areas of the City of Atlantic Beach, Florida. Section 2. Definitions. For the purposes of this Ordinance, the following definitions shall apply: (a) "Coastal High Flood Hazard District", (hereinafter referred to as HFD District) , means that portion of the City of Atlantic Beach, Florida, subject to flooding or erosion from abnormally high tidal waters and wave velocities resulting from severe storms or hurricanes. Said HFD District shall be comprised of those areas designated "Zone A" upon the official Flood Hazard Boundary Map issued and approved by the Federal Insurance Admin- istrator dated June 28, 1974, and No. H-02 Community No. 120075 and as the same may, from time to time, be amended by the Federal Insurance Administrator. (b) "Coastal General Flood Hazard District", (hereinafter referred to as GFH District) , means that portion of the City of Atlantic Beach, Florida, comprised of those areas designated "Zone 4110 A" upon the official Flood Hazard Boundary Map issued and approved t . Ordinance No. 25-75-11 41111 Page Three by the Federal Insurance Administrator dated June 28, 1974, and No. H-02-120075 and as the same may, from time to time, be amended by the Federal Insurance Administrator. (c) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of streams, rivers, or other inland water, or (b) abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes, or tsunamis. (d) "Floodproofing" means structural and nonstructual additions, changes, or adjustments (other than elevating) to structures and utilities which reduce or eliminate flood damage to water supply and sanitary sewage facilities, structures and contents of buildings, and includes, by way of illustration, not limitation, the following mesures: 1. Anchorage to resist flotation and lateral movement. 2. Installation of watertight doors, bulkheads, and shutters, or similar methods of construction to protect against winds, wave action, or flood waters. 3. Reinforcement of walls to resist water pressures. 4. Use of paints, membranes, or mcrtars to reduce seepage of water through walls. 5.. Addition of mass or weight to structures to resist flotation. 6. Installation of pumps to lower water levels in struc- 41111 tures. Ordinance No. 25-75-11 Page Four 41111 7 . Construction of water supply and waste water treatment and disposal systems so as to prevent the entrance or infiltration of flood waters. 8. Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures. 9. Construction to resist rupture or collapse caused by water pressure on floating debris . 10 . Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices. 11. Locations of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood. 12. Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters. (e) "Regulatory flood", (also herein referred to as the 100 year flood) means the level of flooding that, on the average, is likely to be equalled or exceeded once in any 100-year period (i.e. , that has a one-percent chance of occurring in any year) . Ordinance No. 25-75-11 41/1 Page Five (f) "Substantial improvement" means any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the struc- ture either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. (g) "Structure" means anything constructed or erected the use of which requires ridig location on the ground, or attach- ment to something having a permanent location on the ground, including buildings, walls, fences, signs, light standards, 1111 towers, tanks, etc. (h) "Accessory building" means a secondary residence, garage, or other building or structure on a lot or parcel sub- ordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servants' quarters unless prohibited by existing deed restrictions. (i) "Residential" - The term "residential" or "residence" is applied herein to any lot, plot, parcel, tract, area or piece of land or building used exclusively for family dwelling purposes or intended to be so used. 411/0 Ordinance No. 25-75-11 41/1 Page Six (j) "Basement" means that portion of a building between floor and ceiling, which is so located that one-half or more of the clear height from floor to ceiling is below grade. Section 3. Development in either HFH or GFH Districts. The municipal official responsible for the administration and enforcement of this ordinance shall (to the extent not otherwise prohibited by Sections 4 and 5) with respect to development within HFH and GFH Districts: (a) Require building permits for all proposed construction or other improvements within said districts; and (b) Review building permit applications for repairs within 4111 said districts to determine that the proposed repair (i) uses construction materials and utility equipment that are resistant to flood damage, and (ii) uses con- struction methods and practices that will minimize flood damage; and (c) Review building permit applications for new construc- tion or substantial improvements within said districts to assure that the proposed construction (including prefabricated and mobile homes) (i) is protected against flood damage, (ii) is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure, (iii) uses con- struction materials and utility equipment that are resistant to flood damage, and also uses construction methods and practices that will minimize flood damage; and (d) Review subdivision proposals and other proposed new developments to assure that (i) all such proposals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities, such as Ordinance No. 25-75-11 Page Seven 411/1 sewer, gas, electrical, and water systems are located, elevated, or constructed to minimize or eliminate flood damage, and, (iii) adequate drainage is provided so as to reduce exposure to flood hazards; and (e) Require new or replacement water supply systems and treatment plants and sanitary sewage plants and systems to be designed to minimize or eliminate in- filtration of flood waters into the systems and plants and discharges from the systems and plants into flood waters, and require onsite waste water disposal systems and plants into flood waters, and require onsite waste water disposal systems to be located as as to avoid impairment of them or contamination from then during flooding. Section 4. Development with HFH Districts. (a) Existing uses located on land in an HFH District which is below the elevation of the regulatory flood shall not be expanded and no building permit referred to in Section 3 of this ordinance may be issued therefor unless the provisions of subsection (b) hereof are complied with; however, this shall not preclude routine maintenance of existing structures or improve- ments thereto which are less than substantial improvements, as herein defined, which do not increase the physical size of said structure. (b) No new construction or substantial improvement shall be undertaken and no building permit referred to in Section 3 may be issued therefor upon any lands within HFH District which 411/1 are below the level of the regulatory flood unless said new Ordinance No. 25-75-11 Page Eight construction or substantial improvement (i) is located landward of the reach of the mean high tide; and (ii) is elevated on adequately anchored piles or columns to a lowest floor level at or above the regulatory flood level and securely anchored to such piles or columns; and (iii) has no basement and has the space below the lowest floor free of obstructions so that the impact of abnormally high tides or wind driven water is minimized. Section 5. Development with GFH Districts. (a) No new construction or substantial improvement of any residential structure shall be permitted in GFH Districts, and no building permit referred to in Section 3 of this ordinance shall be issued therefor unless said new construction or sub- stantial improvement has the lowest floor (including basement) elevated to or above the level of the regulatory flood (100-year flood) . (b) No new construction or substantial improvement of any non-residential structure shall be permitted in GFH Districts, and no building permit referred to in Section 3 of this ordinance shall be issued therefore unless said new construction or sub- stantial improvement has the lowest floor (including basement) elevated to or above the level of the regulatory flood (100-year 41/1 flood) , or if the lowest permitted floor level of such nonresi- dential structure (including basement) is below the regulatory Ordinance No. 25-75-11 Page Nine flood level then such nonresidential structure together with attendent utility and sanitary facilities shall be flood proofed up to the level of the regulatory flood; provided that the lowest floor level of such nonresidential structure (including basement) shall be no more than 10 feet below the regulatory flood level. Section 6. Application of Chapter. (a) This chapter shall apply to and be enforced within the corporate limits of the City of Atlantic Beach, Florida. (b) Those maps referred to in Section 2 (a) and (b) to- gether with all explanatory matter thereof are hereby adopted by reference and are declared to be part of this ordinance; and shall be kept on file, available to the public, in the office of the Building Inspector. (c) The provisions of this ordinance shall constitute minimum standards throughout the City of Atlantic Beach, Florida. Section 7 . Enforcement. The City Building Inspector shall administer and enforce this ordinance within the corporate limits of the City of Atlantic Beach, Florida. Section 8. Rules for Interpreting District Boundaries. The boundaries of the flood hazard districts shown on the Offi- cial Flood Hazard Boundary Maps may be determined by scaling dis- tances. Required interpretations of those maps for precise lo- cations of said boundaried shall be made by the Building Inspector. Ordinance No. 75-25-11 Page Ten 41111 Section 9. This ordinance shall supercede any conflicting ordinance, building code or any other regulation whether a county or municipal ordinance to the extent that this ordinance imposes more strigent requirements for the use or development of any lands or structures within HFH or GFH Districts. It is not intended to repeal, modify, or change any ordinance, building code, or other regulation except as herein stated. Section 10. Variances. (a) The City Commission shall consider and act upon appli- cations for a variance from these regulations as hereinafter set forth. In granting any variances hereunder, the City Commission 1/11 must consider purposes of the National Flood Insurance Program, as specified in Title 24, Code of Federal Regulations, Chapter 10, subchapter B, Parts 1909, et seq. Further, the City Com- mission shall consider the fact that an annual report on variances granted must be submitted to the National Flood Insurance Admin- istration, which report is the basis for continued availability of flood insurance to the inhabitants of the City of Atlantic Beach, Florida, and therefore, variances should be granted with extreme caution. (b) The City Commission may grant variances from the terms of this ordinance as will not be contrary to the public interest, 01111 where owing to special conditions, a literal enforcement of the Ordinance 25-75-11 Page Eleven 411/1 provisions hereof will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done: provided that the variance will be in harmony with the general purpose and intent of this ordinance and that the same is the minimum variance that will permit the reasonable use of the premises. (c) Conditions, restrictions and limitations. In grant:'_nr any variance, the City Commission may prescribe any reasonable conditions, restrictions, and limitations that it deems necessary or desirable. Section 11. Warning and Disclaimer of Liability. The de- ll' gree of flood protection required herein is considered reasonablc for regulatory purposes and is based on scientific studies. Larger floods may occur. This ordinance shall not be deemed to imply that areas inside or outside designated flood hazard dis- tricts will be entirely free from flooding or flood damages, and shall not create liability on the part of the City of Atlantic Beach, Florida, or any officer or employee thereof for any flood damages that results from reliance on this ordinance or any administrative decision lawfully made thereunder. Section 12. Severability. If any section, clause, pro- vision, or portion of this ordinance is adjudge unconstitutional • Ordinance No. 25-75-11 Page Twelve 41111 or invalid by a court of competent jurisdiction, the remainder of said ordinance shall not be affected thereby. Section 13. Penalties for Violation. (a) Willful violations of the provisions of this ordinance or failure to comply with any requirements hereunder (including violations of conditions established in connection with any variance) shall constitute a misdemeanor, punishable by fine of not more than $500.00 or imprisonment for not more than sixty (60) days, or both. Each day such violation continues shall be con- sidered as a separate offense. (b) Notwithstanding the provisions of subsection (a) above, the official responsible for the enforcement of the provisions of this ordinance may secure enforcement hereof by any legal action necessary, such as application to any court for injunctive relief, revocation of any building permit issued hereunder or other appropriate means . Section 14. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Atlantic Beach, Florida; that the sections of this ordinance may be re- numbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section' , "article", or other 01111 appropriate word. Ordinance No. 25-75-11 411, Page Thirteen Section 15. Provisions of this ordinance shall not apply to those buildings for which a building permit has been issued and is in effect or for which proper and complete applications and plans have been submitted for building permits prior to the effective date of this ordinance provided that the construction under the permit shall be commenced and progressively carried to a conclusion within the time limitations for permits established by the Building Code. * * * * * * * * * * * Passed by the City Commission of he City of Atlantic Beach, Florida, on first readingJ4 , Passed by the City Commissionthe Cityoof Atlantic Beach, Florida, on second reading �.� �f 7L Passed by the City Commission of the y of Atlantic Beach, Florida, on third and final reading v /! (Seal) ATTEST LLU loris ne Knight, ity Clerk