Ordinance No. 25-87-20 v I
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ORDINANCE NO. 25-87-20 I
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF
411/1 ATLANTIC BEACH, FLORIDA; REPEALING THE CURRENT CHAPTER
8 IN ITS ENTIRETY AND SUBSTITUTING A NEW CHAPTER 8
REGULATING DEVELOPMENT WITHIN DESIGNATED FLOOD HAZARDS
WITHIN THE CITY; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION of the City of Atlantic Beach,
Florida, as follows:
SECTION 1 . That Chapter 8 of the Code of Ordinances of the City of Atlantic
Beach, Florida, is hereby amended to read as follows : •
CHAPTER 8
FLOOD HAZARD AREP
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES.
SECTION 8 —1. 01. STATUTORY AUTHORIZATION.
The Legislature of the State of Florida has delegated the responsi—
bility to local governmental units to adopt regulations designed to
411/1 promote the public health, safety, and general welfare of its
citizenry. Therefore, the City Commission of Atlantic Beach,
Florida, does ordain as follows:
SECTION 8 -1. 02. FINDINGS OF FACT.
( a) The flood hazard areas of the City of Atlantic Beach 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 :protec—
tion 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
4110 effect of obstructions in floodplains causing
increases in flood heights and velocities, and by
the occupancy in flood hazard areas by uses vulnerable
to floods or hazardous to other lands which are in—
adequately elevated, flood—proofed, or otherwise un—
protected from flood damages.
SECTION 8 -1. 04 STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote the public health,
Ssafety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
( a) restrict or prohibit uses which are dangerous to
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health, safety and property due to water or erosion
hazards, or which result in damaging increases in
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erosion or in flood heights or velocities;
( b) require that uses vulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial con-
struction
( c) control the alteration of natural floodplains,
stream channels, and natural protective barriers
which are involved in the accomodation of flood
waters;
( d) control filling, grading, dredging and other deve-
lopment which may increase erosion or flood damage,
and;
111/1 ( e) prevent or regulate the construction of flood
• barriers which will unnaturally divert flood waters
or which may increase flood hazards to other lands.
SECTION 8 -1. 05 OBJECTIVES.
The objectives of this ordinance are:
( a) to protect human life and health;
( b) to minimize expenditure of public money for costly
flood control projects;
( c) to minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
( d) to minimize prolonged business interruptions;
( e) to minimize damage to public facilities and utilities
1110 such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in flood-
plains;
( f) to 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;
( g) to insure that potential home buyers are notified
that property is in a flood area.
110 ARTICLE 2. DEFINITIONS.
Unless specifically defined below, words or phrases used in this ordin-
ance shall be interpreted so as to give them the meaning they have in
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common usage and to give this ordinance its most reasonable application.
"Addition ( to an existing building) " means any walled and roofed
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expansion to the perimeter of a building in which the addition is
connected by a common load—bearing wall other than a fire wall . Any
walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load—bearing walls is new construc—
t ion.
"Appeal " means a request for a review of the Planning and Develop—
ment Director' s interpretation of any provision of this ordinance 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
11111 where velocity flow may be evident.
"Area' of special flood hazard" is the land in the floodplain with—
in a community subject to a one percent or greater chance of flooding
in any given year.
"Base flood" means the flood having a one percent chance of being
equaled or exceeded in any given year.
"Basement" means that portion of a building having its floor sub—
grade ( below ground level ) on all sides.
"Breakaway wall " means a wall that is not part of the structural
support of the building and is intended through its design and con—
struction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the building or the support—
ing foundation system.
111/1 "Building" means any structure built for support, shelter, or
enclosure for any occupancy or storage.
"Coastal High Hazard Area" means the area subject to high velocity
waters caused by, but not limited to, hurricane wave wash. The area
is designated on a FIRM as Zone VI -- 30, VE or V.
"Development" means any man—made 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 permanent storage of materials.
"Elevated building" means a non—basement building built to have the
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lowest floor elevated above the ground level by means of fill , solid
foundation perimeter walls, pilings, columns ( posts and piers) , shear
qllIlwalls, or breakaway walls.
"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 comm—
unity, 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" is the official report provided by the Fed—
eral Emergency Management Agency. This report contains flood profiles,
as well as the Flood Boundary Floodway Map and the water surface ele—
vation 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 eleva—
tion more than one foot.
"Floor" means the top surface of an enclosed area in a building ( in—
cluding basement) , i. e. , top of slab in concrete slab construction or
top of wood flooring in wood frame construction. The term does not
1111 include the floor of a garage used solely for parking vehicles.
"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, ship
repair, or seafood processing facilities. 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
structure.
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"Mangrove stand" means an assemblage of mangrove trees which is mostly
low trees noted for a copious development of interlacing adventitious
11111
roots above the ground and which contain one or more of the following
species: black mangrove ( Avicennia nitida) ; red mangrove
( Rhizophora mangle) ; white mangrove ( Lanquncularia racemosa) ; and
buttonwood ( Conocarpus erecta) .
"Mean Sea Level" means the average height of the sea for all stages of
the tide. It is used as a reference for establishing various
elevations within the flood plain. For purposes of this ordinance,
the term is synonymous with National Geodetic Vertical Datum ( NGVD) .
"Manufactures home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be
used with or without a permanent foundations when connected to the re—
quired utilities. The term also includes park trailers, travel trail—
ers, and similar transportable structures placed on a site for 180
• consecutive days or longer and intended to be ro improved property.
P P Y.
"National Geodetic Vertical Datum ( NGVD) " as corrected in 1929 is ver—
tical control used as a reference for establishing varying elevations
within the flood plain.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance.
"Sand dunes" means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Start of construction" ( for other than new construction or substan—
tial improvements under the Coastal Barrier Resources Act ( P. L. 97-
348) ) , includes substantial improvement, and means the date the build-
11, ing permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the
permit date. The actual start means the first placement of perma—
nent construction of a structure ( 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 con—
struction does not include land preparation, such as clearing, grading
0 and filling; nor does it include the installation of streets and/or
walkways; not does it include excavation for a basement, footings,
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piers or foundations or the erection of temporary forms; not does it
11110 include the installation on the property of accessory buildings, such
as garages or sheds not occupies as dwelling units or not part of the
main structure.
"Structure" means a walled and roofed building that is principally
above ground, a manufactured home, a gas or liquid storage tank, or
other man-made facilities or infrastructures.
"Substantial improvement" means any repair, reconstruction, alter-
ation, or improvement to a structure, the cost of which equals or
exceeds fifty percent of the market value of the structure, either ( 1)
before the improvement or repair is started, or ( 2) if the structure
has been damaged and is being restored, before the damage occurred.
For the purposes of this definition, "substantial improvement is
considered to occur when the first alteration of any wall, ceiling,
• floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include any project for improvement of a
structure required to comply with existing health, sanitary, or safety
code specifications which are solely necessary to assure safe living
conditions.
"Variance" is a grant of relief from the requirements of this ordin-
ance which permits construction in a manner otherwise prohibited by
this ordinance where specific enforcement would result in unnecessary
hardship.
ARTICLE 3. GENERAL PROVISIONS.
SECTION 3-3. 01 LANDS TO WHICH THIS ORDINANCE APPLIES.
110 This ordinance shall apply to all areas of special flood hazard within
the jurisdiction of Atlantic Beach, Florida.
SECTION 8 -3. 02 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Emergency
Management Agency in its Flood Insurance Study, dated March 15, 1977,
with accompanying maps and other supporting data, and any revision
thereto, are adopted by reference and declared to be a part of this
ordinance.
SECTION 8-3. 03 ESTABLISHMENT OF DEVELOPMENT PERMIT.
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A Development Permit shall be required in conformance with the provi-
sions of this ordinance prior to the commencement of any development
activities.
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SECTION 8 -3. 04 COMPLIANCE.
No structure or land shall hereafter be located, extended, converted
1111 or structurally altered without full compliance with the terms of this
ordinance and other applicable regulations.
SECTION 8 -3. 05 ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where
this ordinance and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail .
SECTION 8-3. 06 INTERPRETATION.
In the interpretation and application of this ordinance 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.
SECTION 8-3. 07 WARNING AND DISCLAIMER OF LIABILITY.
qlIlThe degree of flood protection required by this ordinance 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 man-made or natural
causes. This ordinance 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 ordinance shall not create
liability on the part of Jacksonville Beach or by any officer or
employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made
thereunder.
SECTION 8 :-3. 08 PENALTIES FOR VIOLATION.
0 Violation of the provisions of this ordinance 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 ordinance or fails to c.cmply with any of its requirements
shall , upon conviction thereof, be fined not more than $500. 00 or im-
prisoned for not more than 60 days, or both, and in addition, shall
pay all costs and expenses involved in the case. Each day such vio-
l) lation continues shall be considered a separate offense. Nothing
herein contained shall prevent the City from taking such other lawful
action as is necessary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION.
SECTION 8 -4. 01 DESIGNATION OF THE PLANNING AND DEVELOPMENT DIRECTOR
The Planning and Development Director is hereby appointed to administer
1111
and implement the provisions of this ordinance.
SECTION 8.-4. 02 PERMIT PROCEDURES.
Application for a Development Permit shall be made to the Planning and
Development Director 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, fill , storage of materials, drainage facili-
ties, and the location of the foregoing. Specifically, the following
information is required:
( a) Application Stage.
( 1) Elevation in relation to mean sea level of the proposed
1111 lowest floor ( including basement) of all structures:
( 2) Elevation in relation to mean sea level to which any
non-residential structure will be flood-proofed;
( 3) Certificate from a registered professional engineer or
architect that the non-residential flood-proofed
structure will meet the flood-proofing criteria in
Article 5, Section 8 -5. 02( b) ;
( 4) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed devel-
opment, and;
( b) Construction Stage.
Provide a floor elevation or flood-proofing certification
after the lowest floor is completed, or in instances where
110 the structure 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 Planning and
Development Director a certification of the elevation of the
• lowest floor, flood-proofed elevation, or the elevation of the
lowest portion of the horizontal structural members of the
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lowest floor, whichever is applicable, as built, in relation
to mean sea level . Said certification shall be prepared by
or under the direct supervision of a registered land surveyor
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orrofessional engineer p g neer and certified by same. When flood—
proofing is utilized for a particular building, said certi—
fication 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 certi—
• fication shall be at the permit holder' s risk. The Planning
and Development Director 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 said
corrections required hereby, shall be cause to issue a
1111 stop—work order for the project.
SECTION 8-4. 03 DUTIES AND RESPONSIBILITIES OF THE PLANNING AND
DEVELOPMENT DIRECTOR.
Duties of the Planning and Development Director shall include, but not
be limited to:
( a) Review all development permits to assure that the permit re—
quirements of this ordinance have been satisfied;
( b) Advise permittee that additional federal or state permits
may be required, and if specific federal or state permit
requirements are known, require that copies of such permits
be provided and maintained on file with the development
permit.
( c) Notify adjacent communities and the Florida Department of
Community Affairs prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to
the Federal Emergency Management Agency.
( d) Assure that maintenance is provided within the altered or
relocated portion of said p; tercoucse so that the flood—
carrying capacity is not diminished.
( e) Verify and record the actual elevation ( in relation to mean
sea level ) of the lowest floor ( including basement) of all
• new or substantially improved structures, in accordance with
Article 4, Section 8 -4. 02( b) .
rye is
< f) Verify and record the actual elevation ( in relation to mean
sea level ) to which the new or substantially improved
structures have been flood-proofed, in accordance with
Article 4, Section 8• -4. 02( b) .
< g) In Coastal Hazard Areas, certification shall be obtained
from a registered professional engineer or architect that
the structure is designed to be securely anchored to ade-
quately anchored pilings or columns in order to withstand
• velocity waters and hurricane wave wash.
( h) In Coastal High Hazard Areas, the Planning and Development
Director shall review plans for adequacy of lattice or
screening in accordance with Article 5, Section 8.-5. 02( e) ( 8) .
( i ) When flood-proofingis utilized for a particular structure,
the Planning and Development Director shall obtain certifi-
cation from a registered professional engineer or architect, •
in accordance with Article 5, Section 8 -5. 02( b) .
(j ) 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) the Planning and
Development Director shall make 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 article.
( k) When base flood elevation data or floodway data have not be
provided in accordance with Article 3, Section 8 -3. 02, then
the Planning and Development Director shall obtain, review
and reasonably utilize any base flood elevation and floodway
data available from a federal , state or other source, in
order to administer the provisions of Article 5.
( 1 ) All records pertaining to the provisions of this ordinance
shall be maintained in the office of the Planning and
Development Director and shall be open for public inspection.
SECTION 8-4. 04 VARIANCE PROCEDURES.
< a) The Board of Adjustment as established by the City shall
• hear and decide appeals and requests for variances from the
requirements of this ordinance.
( b) The Board of Adjustment shall hear and decide appeals when
it is alleged there is an error in any requirement, decision,
or determination made by the Planning and Development Di-
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rector in the enforcement or administration of this ordinance.
( c) Any person aggrieved by the decision of the Board of Adjust—
ment or any taxpayer may appeal such decision to the Circuit
Court of the State of Florida.
( d) Variances may be issued for the reconstruction, rehabilita—
• tion or restoration of structures listed on the National
Register of Historic Places or the State Inventory of His—
toric Places without regard to the procedures set forth in
the remainder of this section, except for Article 4, Sec—
' tion 8-4. 04( h) ( 1) and ( 4) , and provided the proposed re—
construction, rehabilitation, or restoration will not result
in the structure losing its historical designation.
1111 ( e) In passing upon such applications, the Board of Appeals
• shall consider all technical evaluations, all relevant
factors, all standards specified in other sections of this
ordinance, and:
( 1) the danger that materials may be swept onto other lands
to the injury of others;
( 2) the danger of 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;
1110 ( 5) the necessity of the facility to 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 comprehen—
sive plan and floodplain management program for that
• area;
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( 9) the safety of access to the property in times of flood
11111for ordinary and emergency vehicles;
( 10) the expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters 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 pur—
poses of this ordinances, the Board of Appeals may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
4111 ( g) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood dis—
charge 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 ( i ) a showing of
good and sufficient cause, ( ii) a determination that
failure to grant the variance would result in exceptional
hardship', and; ( iii) 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 vic—
timization of the public, or conflict with existing
local laws or ordinances.
( 3) Any applicant to whom a variance is granted shall be
41/ given written notice specifying the difference between
the base flood elevation and the elevation to which
the structure is to be built and stating that the cost
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of flood insurance will be commensurate with the in-
creased risk resulting from the reduced lowest floor
elevation.
( 4) The Planning and Development Director shall maintain
the records of all appeal actions and report any vari-
ances to the Federal Emergency Management Agency upon
request.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION 8 -5. 01 GENERAL STANDARDS.
In all areas of special flood hazard the following provisions are re-
required:
( a) New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure;
1110 ( b) Manufactured homes shall be anchored to prevent flotation,
collapse, or 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.
( c) New construction and substantial improvements shall be con-
structed with materials and utility equipment resistant to
flood damage;
( d) New construction or substantial improvements shall be con-
structed by methods and practices that minimize flood damage;
( e) 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.
( f) New and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into
the system;
( g) New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into
• the systems and discharges from the systems into flood waters;
( h) On-site waste disposal systems shall be located and con-
structed to avoid impairment to them or contamination from
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them during flooding, arid;
( i) Any alteration, repair, reconstruction or improvements to a
• structure which is in compliance with the provisions of this
ordinance, shall meet the requirements of "new construction"
as contained in this ordinance.
SECTION 8 -5. 02 SPECIFIC STANDARDS.
In all areas of special flood hazard where base flobd elevation data
• have been provided, as set forth in Article 3, 8 -3. 02 or Article 4
Section 8-4. 03( k) , the following provisions are required:
( a) Residential Construction. New construction or substantial
- improvement of any residential structure shall have the
lowest floor, including basement, elevated no lower than the
base flood elevation. Should solid foundation perimeter
walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall be
provided in accordance with standards of Article 5, Section
8 -5. 02( c) .
( b) Non-Residential Construction. New construction or substan-
tial improvement of any commercial , industrial , or non-
residential structure shall have the lowest floor, including
basement, elevated no lower than the level of the base flood
elevation. Structures located in all A-zones may be flood-
proofed in lieu of being elevated provided that all areas of
the structure below the required elevation are water tight
with walls substantially impermeable to the passage of water,
and use structural components having the capability of re-
sisting 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 Article 4, Section 8-4. 02( b) .
( c) Elevated Buildings. New construction or substantial im-
provements of elevated buildings that include fully enclosed
areas formed by foundation and other exterior walls below
the base flood elevation shall be designed to preclude fin-
• ished living space and designed to allow for the entry and
exit of floodwaters to automatically equalize hydrostatic
flood forces on exterior walls.
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( 1) Designs for complying with this requirements must
either be certified by a professional engineer or
11111 architect or meet the following minimum criteria:
( i) 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;
( ii ) The bottom of all openings shall be no higher
than one foot above grade; and,
( iii) Openings may be equipped with screens, louvers,
valves or other coverings or devices provided
they permit the automatic flow of floodwaters
in both direction.
( 2) Electrical, plumbing, and other utility connections are
prohibited below the base flood elevation;
( 3>
•
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
( 4) The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms.
( d) Floodways. Located within areas of special flood hazard
established in Article 3, Section B, are areas designated as
floodways. Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry debris,
potential projectiles and has erosion potential , the follow—
% ing provisions shall apply:
( 1) Prohibit encroachments, including fill, new construc—
tion, substantial improvements and other developments
unless certification ( with supporting technical data)
by a registered proa.ir; ional engineer is provided
demonstrating that encroachments shall not result in
any increase in flood levels during occurrence of the
base flood discharge;
411 ( 2) If Article 5, Section 8-5. 02( d) ( 1) is satisfied, all
new construction and substantial improvements shall
comply with all applicable flood hazard reduction pro—
Page 16
visions of Article 5.
( 3) Prohibit the placement of manufactured homes ( mobile
111/1 homes) , except in an existing manufactured homes
( mobile homes) park or subdivision. A replacement man-
ufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the an-
choring standards of Article 5, Section 8 -5. 01( b) , and
the elevation standards of Article 5, Section 8-5. 02( a)
are met.
( e) Coastal High Hazard Areas ( V Zones) . Located within the
areas of special flood hazard established in Article 3, Sec-
tion 8 -3. 02, are areas designated as Coastal High Hazard
areas. These areas have special flood hazards associated
with wave wash, therefore, the following provisions shall
• apply:
( 1) All buildings or structures shall be located fifty
( 50) feet west of the bulkhead.
( 2) All buildings or structures shall be elevated so that
the bottom of the lowest supporting horizontal member
( excluding pilings or columns) is located no lower
than the base flood elevation level, with all space
below the lowest supporting member open so as not to
impede the flow of water. Open lattice work or decor-
ative screening may be permitted for aesthetic purposes
only and must be designed to wash away in the event of
abnormal wave action and in accordance with Article 5,
Section . 8-5. 02( e) ( 8) ;
111/1 ( 3) All buildings or structures shall be securely anchored
on pilings or columns;
( 4) All pilings and columns and the attached structures
shall be anchored to resist flotation, collapse, and
lateral movemfint due to the effect of wind and water
loads acting simultaneously on all building components.
The anchoring and support system shall be designed with
wind and water loading values which equal or exceed the
410 100 year mean recurrence interval ( one percent annual
chance flood) .
( 5) A registered professional engineer or architect shall
Page 17
certify that the design, specifications and plans for
construction are in compliance with the provisions
411/1 contained in Article 5, Section 8 -5. 02( e) ( 2) , ( 3) and
( 4) of this ordinance.
( 6) There shall be no fill used as structural support. Non-
compacted fill may be used around the perimeter of a
building for landscaping/aesthetic purposes provided
the fill will wash out from storm surge, ( thereby ren-
dering the building free of obstruction) prior to gen-
erating excessive loading forces, ramping effects, or
wave deflection. The Planning and Development Director
shall approve design plans for landscaping/aesthetic
fill only after the applicant has provided an analysis
by an engineer, architect, and/or soil scientist, which
4111 demonstrates that the following factors have been fully
considered:
( i) Particle composition of fill material does not
have a tendency for excessive natural compaction;
( ii) Volume and distribution of fill will not cause
wave deflection to adjacent properties; and
( iii) Slope of fill will not cause wave run-up or
ramping.
( 7) There shall be no alteration of sand dunes or mangrove
stands which would increase potential flood damage;
( 8) Lattice work or decorative screening shall be allowed
below the base flood elevation provided they are not
part of the structural support of the building and are
11/1 designed so as to breakaway, under abnormally high tides
or wave action, without damage to the structural in-
tegrity of the building on which they are to be used
and provided the following design specifications are
met
( i ) No solid walls shall be allowed, and;
( ii ) Material shall consist of lattice or mesh screen—
ing only.
11/ ( 9) If aesthetic lattice work or screening is utilized,
such enclosed space shall not be designed to be used
for human habitation, but shall be designed to be used
Page 18
only for parking of vehicles, building access, or limi-
ted storage of maintenance equipment used in connection
411/1 with the premises.
( 10) Prior to construction, plans for any structures that
will have lattice work or decorative screening must be
submitted to the Planning and Development Director for
approval;
( 11) Any alteration, repair, reconstruction or improvement
to a structure shall not enclose the space below the
lowest floor except with lattice work or decorative
screening, as provided for in Article 5, Section
8 -5. 02( e) ( 8) and ( 9) .
( 12) Prohibit the placement of manufactured homes ( mobile
homes) , except in an existing manufactured homes
410 ( mobile homes) park of subdivision. A replacement
manufactured home may be placed on a lot in an existing
manufactured home park of subdivision provided the
anchoring standards of ARticle 5, Section 8 -5. 01( b) ,
and the elevation standards of Article 5, Section
8 -5. 02( a) are met.
SECTION 8-5. 03 STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS AND/OR FLOODWAYS.
Located within the areas of special flood hazard established in Arti-
cle 3, Section 8 -3. 02, where small streams exist but where no base
flood data have been provided or where no floodways have been provided,
the following provisions apply:
( a) No encroachments, including fill material or structures shall
11/1 be located within twenty feet of each side from top of bank
unless certification by a registered professional engineer
is provided demonstrating that such encroachments shall not
result in any increase in flood levels during the occurrence
of the base flood discharge.
( b) New construction or substantial improvements of structures
shall be elevated or flood-proofed to elevations established
in accordance with Article 4, Section 8 -4. 03( k) .
IIPSECTION 8 -5. 04 STANDARDS FOR SUBDIVISION PROPOSALS.
( a) All subdivision proposals shall be consistent with the need
to minimize flood damage;
Page 19
( b) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
1110
located and constructed to minimize flood damage;
( c) All subdivision proposals shall have adequate drainage pro-
vided to reduce exposure to flood hazards, and;
( d) Base flood elevation data shall be provided for subdivision
proposals and other proposed development ( including manu-
factured home parks and subdivisions) which is greater than
the lesser of fifty lots or five acres.
SECTION 3-5. 05 STANDARDS FOR AREAS OF SHALLOW FLOODING ( AO ZONES) .
Located within the areas of special flood hazard established in
Article 3, Section B, are areas designated as shallow flooding areas.
These areas have special flood hazards associated with base flood
depths of one to three feet ( 1' - 3' ) where a clearly defined channel
1111 does not exist and where the path of flooding is unpredictable and
indeterminate; therefore, the following provisions apply:
( a) All new construction and substantial improvements of resi-
dential structures 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 ( 2) feet
above the highest adjacent grade.
( b) All new construction and substantial improvements of non-
residential structures shall :
( 1) have the lowest floor, including basement, elevated to
the depth number specified on the Floor Insurance Rate
1110 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 ( 2) feet above
the highest adjacent grade, or;
( 2) together with attendant utility and sanitary facilities
be completely flood—proofed to or above that level so
that any space below that level is watertight with
walls substantially impermeable to the passage of water
IIand with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects
of buoyancy.
•
Page 20
SECTION 2. All ordinances or parts of ordinances in conflict herewith
lb be and the same, are to the extent that same may be in conflict,
hereby repealed.
SECTION 3. This Ordinance shall become effective upon its adoption.
* * * * * * * * * * *
Passed by the City Commission on first reading March 9. 1987.
Passed by the City Commission on second & final eading March 23, 1987
K7y ///
William S. Howell, Mayo Presiding Officer
Approved as to form and correctness :
i /ice _
i05 .e L. Mullis, City attorney
0
(SEAL) •
ATTEST:
-1-e-,eielit_ (e,,,,
Adelaide R. Tucker, City Clerk