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