Ordinance No. 25-13-43 ORDINANCE NO. 25-13-43
AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC BEACH
CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS; TO ADOPT A
NEW CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD
HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT
PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND
FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE
FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of City of Atlantic Beach and such areas may be subject to
periodic inundation which may result 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, and
WHEREAS, the City of Atlantic Beach was accepted for participation in the National
Flood Insurance Program on March 15, 1977 and the City Commission desires to continue to
meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary
for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; and
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative
amendments to the Florida Building Code to implement the National Flood Insurance Program;
and
WHEREAS, the City Commission is adopting to maintain current freeboard elevation
requirement for buildings and structures in flood hazard areas and, pursuant to section
553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and
WHEREAS, the City Commission has determined that it is in the public interest to adopt
the proposed floodplain management regulations that are coordinated with the Florida Building
Code.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of Atlantic Beach that
the following floodplain management regulations, and the following local administrative
amendments to the 2010 Florida Building Code, are hereby adopted.
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s)
and regulation(s): Chapter 8 Flood Hazard Areas the City of Atlantic Beach Code.
CHAPTER 8
ARTICLE I ADMINISTRATION
GENERAL- APPLICABILITY- DUTIES AND POWERS OF THE FLOODPLAIN
ADMINISTRATOR- PERMITS- SITE PLANS AND CONSTRUCTION DOCUMENTS-
INSPECTIONS-VARIANCES AND APPEALS-VIOLATIONS
8-1. These regulations shall be known as the Floodplain Management Ordinance of the City of
Atlantic Beach, hereinafter referred to as "this ordinance."
8-2. Scope. The provisions of this ordinance shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration, remodeling,
enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
and facilities that are exempt from the Florida Building Code; placement, installation, or replacement
of manufactured homes and manufactured buildings; installation or replacement of tanks; placement
of recreational vehicles; installation of swimming pools; and any other development.
8-3. Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to:
1. Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
2. Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
5. Minimize damage to public and private facilities and utilities;
6. Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
7. Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
8. Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
8-4. Coordination with the Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE
Ordinance No. 25-13-43 Page 2 of 28
24 refers to the edition of the standard that is referenced by the Florida Building Code.
8-5. Warning. The degree of flood protection required by this ordinance and the Florida Building
Code, as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man-made or natural causes. This ordinance does not
imply that land outside of mapped special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base
flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring this community to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this ordinance.
8-6. Disclaimer of Liability. This ordinance shall not create liability on the part of the City
Commission of the City of Atlantic Beach or by any officer or employee thereof for any flood
damage that results from reliance on this ordinance or any administrative decision lawfully made
thereunder.
APPLICABILITY
8-7. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
8-8. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard
areas within the City of Atlantic Beach, as established in Section 8-9 of this ordinance.
8-9. Basis for establishing flood hazard areas. The Flood Insurance Study for Duval County,
Florida and Incorporated Areas June 3, 2013, and all subsequent amendments and revisions,
and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments
and revisions to such maps, are adopted by reference as a part of this ordinance and shall
serve as the minimum basis for establishing flood hazard areas. Studies and maps that
establish flood hazard areas are on file at the City of Atlantic Beach Building Department 800
Seminole Road Atlantic Beach, Florida.
8-10. Submission of additional data to establish flood hazard areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 8-30 through 8-33 of this ordinance
the Floodplain Administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography accepted
by the community indicates that ground elevations:
1. Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements
of the Florida Building Code.
2. Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
8-11. Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions
Ordinance No. 25-13-43 Page 3 of 28
of local, state or federal law.
8-12. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land development regulations,
zoning ordinances, stormwater management regulations, or the Florida Building Code the event
of a conflict between this ordinance and any other ordinance, the more restrictive shall govern.
This ordinance shall not impair any deed restriction, covenant or easement, but any land that is
subject to such interests shall also be governed by this ordinance.
8-13. 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.
DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
8-14. Designation. The Building and Zoning Director is designated as the Floodplain
Administrator. The Floodplain Administrator may delegate performance of certain duties to other
employees.
8-15. General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to
render interpretations of this ordinance consistent with the intent and purpose of this ordinance
and may establish policies and procedures in order to clarify the application of its provisions.
Such interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this ordinance without the granting of a variance pursuant to Section 8-
38 through 8-45 of this ordinance.
8-16. Applications and permits. The Floodplain Administrator, in coordination with other
pertinent offices of the community, shall:
1. Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
2. Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this ordinance;
3. Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
4. Provide available flood elevation and flood hazard information;
5. Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
6. Review applications to determine whether proposed development will be reasonably
safe from flooding;
7. Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
Ordinance No. 25-13-43 Page 4 of 28
structures and facilities exempt from the Florida Building Code, when compliance with
this ordinance is demonstrated, or disapprove the same in the event of noncompliance;
and
8. Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this ordinance.
8-17. Substantial improvement and substantial damage determinations. For applications
for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations,
substantial improvements, repairs of substantial damage, and any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in coordination with the Building
Official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this ordinance is required.
8-18. Modifications of the strict application of the requirements of the Florida Building
Code. The Floodplain Administrator shall review requests submitted to the Building Official that
seek approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the
granting of a variance pursuant to Section 8-38 through 8-45 of this ordinance.
8-19. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
ordinance.
8-20. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 8-34 through 8-37 of this ordinance for development that is not subject to
the Florida Building Code, including buildings, structures and facilities exempt from the Florida
Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if
development is undertaken without issuance of a permit.
8-21. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
other duties, including but not limited to:
1. Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 8-17 of this ordinance;
Ordinance No. 25-13-43 Page 5 of 28
2. Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
3. Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be
made within 6 months of such data becoming available;
4. Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code and this ordinance to determine that such
certifications and documentations are complete;
5. Notify the Federal Emergency Management Agency when the corporate boundaries of
the City of Atlantic Beach are modified; and
6. Advise applicants for new buildings and structures, including substantial improvements,
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement
Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identified on Flood Insurance Rate Maps
as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
8-22. Floodplain management records. Regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall maintain and permanently keep
and make available for public inspection all records that are necessary for the administration of
this ordinance and the flood resistant construction requirements of the Florida Building Code,
including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes substantial improvement
or repair of substantial damage; required design certifications and documentation of elevations
specified by the Florida Building Code and this ordinance; notifications to adjacent communities,
FEMA, and the state related to alterations of watercourses; assurances that the flood carrying
capacity of altered watercourses will be maintained; documentation related to appeals and
variances, including justification for issuance or denial; and records of enforcement actions
taken pursuant to this ordinance and the flood resistant construction requirements of the Florida
Building Code. These records shall be available for public inspection at City of Atlantic Beach
Building Department 800 Seminole Road Atlantic Beach, Florida.
PERMITS
8-23. Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who
intends to undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly within
or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and
approval(s). No such permit or approval shall be issued until compliance with the requirements of
this ordinance and all other applicable codes and regulations has been satisfied.
8-24. Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this ordinance for any development activities not subject to the
requirements of the Florida Building Code, including buildings, structures and facilities exempt
Ordinance No. 25-13-43 Page 6 of 28
from the Florida Building Code. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator may determine that a floodplain
development permit or approval is required in addition to a building permit.
8-24.1. Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are exempt
from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this ordinance:
1. Railroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
3. Temporary buildings or sheds used exclusively for construction purposes.
4. Mobile or modular structures used as temporary offices.
5. Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden hut that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non-wood features.
7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
8. Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
9. Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps
8-25. Application for a permit or approval. To obtain a floodplain development permit or
approval the applicant shall first file an application in writing on a form furnished by the
community. The information provided shall:
1. Identify and describe the development to be covered by the permit or approval.
2. Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan or construction documents as specified in Section 105 of
this ordinance.
5. State the valuation of the proposed work.
6. Be signed by the applicant or the applicant's authorized agent.
7. Give such other data and information as required by the Floodplain Administrator.
Ordinance No. 25-13-43 Page 7 of 28
8-26. Validity of permit or approval. The issuance of a floodplain development permit or
approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any
violation of this ordinance, the Florida Building Codes, or any other ordinance of this community.
The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of errors
and omissions.
8-27. Expiration. A floodplain development permit or approval shall become invalid unless the
work authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions for periods of not more than 180 days each shall be requested in writing and
justifiable cause shall be demonstrated.
8-28. Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit or approval if the permit was issued in error, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any
other ordinance, regulation or requirement of this community.
8-29. Other permits required. Floodplain development permits and building permits shall
include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
1. The St. Johns River Water Management District; section 373.036, F.S.
2. Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E-6, F.A.C.
3. Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.141, F.S.
4. Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
5. Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
6. Federal permits and approvals.
SITE PLANS AND CONSTRUCTION DOCUMENTS
8-30. Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this ordinance shall be drawn to
scale and shall include, as applicable to the proposed development:
1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed
development.
2. Where base flood elevations, or floodway data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Section 8-31(2) or
8-32 (3) of this ordinance.
Ordinance No. 25-13-43 Page 8 of 28
3. Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and the base flood elevations are not included on
the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 8-31(1)of this ordinance.
4. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide.
5. Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
7. Delineation of the Coastal Construction Control Line or notation that the site is seaward
of the coastal construction control line, if applicable.
8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
9. Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this ordinance but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance.
8-31. Information in flood hazard areas without base flood elevations (approximate Zone
A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have
not been provided, the Floodplain Administrator shall:
1. Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
2. Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to
obtain and use base flood elevation and floodway data available from a federal or state
agency or other source;
3. Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonable
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
a. Require the applicant to develop base flood elevation data prepared in
accordance with currently accepted engineering practices; or
b. Specify that the base flood elevation is four and % (4.5) feet above the
highest adjacent grade at the location of the development, provided there is
no evidence indicating flood depths have been or may be greater than four
and % (4.5) feet.
Ordinance No. 25-13-43 Page 9 of 28
4. Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida
licensed engineer in a format required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
8-32. Additional analyses and certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the applicant
shall have the following analyses signed and sealed by a Florida licensed engineer for
submission with the site plan and construction documents:
1. For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Section 8-33 of this
ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA,
with the site plan and construction documents.
2. For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrates that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to
FEMA as specified in Section 8-33 of this ordinance.
4. For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the proposed
alteration will not increase the potential for flood damage.
8-33. Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared
by a Florida licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
INSPECTIONS
8-34, General. Development for which a floodplain development permit or approval is required
shall be subject to inspection.
Ordinance No. 25-13-43 Page 10 of 28
8-34.1. Development other than buildings and structures. The Floodplain Administrator
shall inspect all development to determine compliance with the requirements of this ordinance
and the conditions of issued floodplain development permits or approvals.
8-34.2, Buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida
Building Code to determine compliance with the requirements of this ordinance and the
conditions of issued floodplain development permits or approvals.
8-35. Buildings, structures and facilities exempt from the Florida Building Code, lowest
floor inspection. Upon placement of the lowest floor, including basement, and prior to further
vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
1. If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
2. If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 8-31(3) (b) of this ordinance, the documentation
of height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner's authorized agent.
8-36. Buildings, structures and facilities exempt from the Florida Building Code, final
inspection. As part of the final inspection, the owner or owner's authorized agent shall submit
to the Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 8-35 of this
ordinance.
8-37. Manufactured homes. The Building Official shall inspect manufactured homes that are
installed or replaced in flood hazard areas to determine compliance with the requirements of this
ordinance and the conditions of the issued permit. Upon placement of a manufactured home,
certification of the elevation of the lowest floor shall be submitted to the Building Official.
VARIANCES AND APPEALS
8-38. General. The City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of this ordinance. Pursuant to section
553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of the flood resistant construction requirements
of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building
Code, Building.
8-39. Appeals. The City Commission shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the Floodplain Administrator in
the administration and enforcement of this ordinance. Any person aggrieved by the decision of
the City Commission may appeal such decision to the Circuit Court, as provided by Florida
Statutes.
8-40. Limitations on authority to grant variances. The City Commission shall base its
decisions on variances on technical justifications submitted by applicants, the considerations for
issuance in Section 8-44 of this ordinance, the conditions of issuance set forth in Section 8-45 of
Ordinance No. 25-13-43 Page 11 of 28
this ordinance, and the comments and recommendations of the Floodplain Administrator and
the Building Official. The City Commission has the right to attach such conditions as it deems
necessary to further the purposes and objectives of this ordinance.
8-41. Restrictions in floodways. A variance shall not be issued for any proposed development
in a floodway if any increase in base flood elevations would result, as evidenced by the
applicable analyses and certifications required in Section 8-32 of this ordinance.
8-42. Historic buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11
Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation
will not preclude the building's continued designation as a historic building and the variance is
the minimum necessary to preserve the historic character and design of the building. If the
proposed work precludes the building's continued designation as a historic building, a variance
shall not be granted and the building and any repair, improvement, and rehabilitation shall be
subject to the requirements of the Florida Building Code.
8-43. Functionally dependent uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use, as
defined in this ordinance, provided the variance meets the requirements of Section 8-41, is the
minimum necessary considering the flood hazard, and all due consideration has been given to
use of methods and materials that minimize flood damage during occurrence of the base flood.
8-44. Considerations for issuance of variances. In reviewing requests for variances, the City
Commission shall consider all technical evaluations, all relevant factors, all other applicable
provisions of the Florida Building Code, this ordinance, and the following:
1. The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
4. The importance of the services provided by the proposed development to the
community;
5. The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
6. The compatibility of the proposed development with existing and anticipated
development;
7. The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
8. The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
9. The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site; and
Ordinance No. 25-13-43 Page 12 of 28
10. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
8-45. Conditions for issuance of variances. Variances shall be issued only upon:
1. Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
2. Determination by the City Commission that:
a. Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws
and ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford
relief;
3. Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
4. If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for $100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
VIOLATIONS
8-46. Violations. Any development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance that is performed without an issued permit, that is in conflict
with an issued permit, or that does not fully comply with this ordinance, shall be deemed a
violation of this ordinance. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required by
this ordinance or the Florida Building Code is presumed to be a violation until such time as that
documentation is provided.
8-48. Authority. For development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
8-49. Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is
Ordinance No. 25-13-43 Page 13 of 28
directed to perform to remove or remedy a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
ARTICLE II DEFINITIONS
8-50. Scope. Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this ordinance, have the meanings shown in this section.
8-51. Terms defined in the Florida Building Code. Where terms are not defined in this
ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code.
8-52. Terms not defined. Where terms are not defined in this ordinance or the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the context implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision
of this ordinance or a request for a variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the
"100-year flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line established by the State of Florida pursuant to
section 161.053, F.S., and recorded in the official records of the community, which defines that
portion of the beach-dune system subject to severe fluctuations based on a 100-year storm
surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave action" or "V Zones" and are designated on
Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. [Note: The FBC,B defines and
uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the
term "coastal high hazard areas."]
Ordinance No. 25-13-43 Page 14 of 28
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
1. Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to the
datum specified on the community's legally designated flood hazard map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before March 15, 1977. Also defined in FBC, B, Section 1612.2.
Existing manufactured home park or subdivision. 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 March 15, 1977.
Expansion to an existing manufactured home park or subdivision. 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).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Ordinance No. 25-13-43 Page 15 of 28
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
2. The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain Administrator. The office or position designated and charged with the administration
and enforcement of this ordinance (may be referred to as the Floodplain Manager).
Floodplain development permit or approval. An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this ordinance.
Floodway. The channel of a river or other riverine 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 (1) foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings.
Ordinance No. 25-13-43 Page 16 of 28
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
less and which has a basic vehicle frontal area of 45 square feet or less, which is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
3. Available with special features enabling off-street or off-highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure in violation of the non-elevation requirements
of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral 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" or"park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market
Ordinance No. 25-13-43 Page 17 of 28
value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this ordinance and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after March 15, 1977 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. 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 March 15,
1977.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and appliances.
Recreational vehicle. A vehicle, including a park trailer, which is: (See section 320.01, F.S.)
1. Built on a single chassis;
2. Four hundred (400) 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.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. 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. [Also defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost
Ordinance No. 25-13-43 Page 18 of 28
of restoring the building or structure to its before-damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
include either: [Also defined in FBC, B, Section 1612.2.]
1. Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this ordinance or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
ARTICLE III FLOOD RESISTANT DEVELOPMENT
BUILDINGS AND STRUCTURES, SUBDIVISIONS, SITE IMPROVEMENTS,
MANUFACTURED HOMES, RECREATIONAL VEHICLES AND PARK TRAILERS, TANKS,
OTHER DEVELOPMENT
8-53. Design and construction of buildings, structures and facilities exempt from the
Florida Building Code. Pursuant to Section 8-24.1 of this ordinance, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial improvement or repair
of substantial damage of such buildings, structures and facilities, shall be designed and constructed
in accordance with the flood load and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Section 8-72.8 of this ordinance.
8-54. Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also located,
in whole or in part, in a flood hazard area:
1. Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109
and Section 1612 or Florida Building Code, Residential Section R322.
2. Minor structures and non-habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this ordinance and ASCE 24.
8-55. Minimum requirements. Subdivision proposals, including proposals for manufactured
Ordinance No. 25-13-43 Page 19 of 28
home parks and subdivisions, shall be reviewed to determine that:
1. Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
8-56. Subdivision plats. Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats and final plats;
2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 8-31(1) of this ordinance; and
3. Compliance with the site improvement and utilities requirements of Section 8-55 through
8-62 of this ordinance.
8-57. Minimum requirements. All proposed new development shall be reviewed to determine
that:
1. Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
8-58. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on-site
waste disposal systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize
or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood
waters, and impairment of the facilities and systems.
8-59. Water supply facilities. All new and replacement water supply facilities shall be designed
in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
8-60. Limitations on sites in regulatory floodways. No development, including but not limited
to site improvements, and land disturbing activity involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section 8-32
(1) of this ordinance demonstrates that the proposed development or land disturbing activity will
not result in any increase in the base flood elevation.
Ordinance No. 25-13-43 Page 20 of 28
8-61. Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only), fill
shall comply with the requirements of the Florida Building Code.
8-62. Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard
areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is
approved by the Florida Department of Environmental Protection and only if the engineering
analysis required by Section 8-32 (4) of this ordinance demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structures shall comply with Section 8-67 of this
ordinance.
MANUFACTURED HOMES
8-63. General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located
seaward of the coastal construction control line, all manufactured homes shall compy with the
more restrictive of the applicable requirements.
8-64. Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
1. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this ordinance.
2. In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this
ordinance.
8-65. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
8-66. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall
comply with Section 8.66.1 or 8.67 of this ordinance, as applicable.
8-66.1. General elevation requirement. Unless subject to the requirements of Section 8-67 of
this ordinance, all manufactured homes that are placed, replaced, or substantially improved on
sites located: (a) outside of a manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion to an existing manufactured home
park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated
such that the bottom of the frame is at or above the elevation required, as applicable to the flood
hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section
R322.3 (Zone V).
Ordinance No. 25-13-43 Page 21 of 28
8-67. Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to Section 8.66.1 of this ordinance,
including manufactured homes that are placed, replaced, or substantially improved on sites
located in an existing manufactured home park or subdivision, unless on a site where
substantial damage as result of flooding has occurred, shall be elevated such that either the:
1. Bottom of the frame of the manufactured home is at or above the elevation required, as
applicable to the flood hazard area, in the Florida Building Code, Residential Section
R322.2 (Zone A) or Section R322.3 (Zone V); or
2. Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
8-68. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322 for such enclosed areas,
as applicable to the flood hazard area.
8-69. Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall
comply with the requirements of the Florida Building Code, Residential Section R322, as
applicable to the flood hazard area.
RECREATIONAL VEHICLES AND PARK TRAILERS
8-70. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood
hazard areas shall:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use, which means the recreational vehicle or
park model is on wheels or jacking system, is attached to the site only by quick-
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
8-70.1. Permanent placement. Recreational vehicles and park trailers that do not meet the
limitations in Section 8-70 of this ordinance for temporary placement shall meet the
requirements of Section 8-63 through 8-69 of this ordinance for manufactured homes.
TANKS
8-71.1. Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is empty.
8-71.2. Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of Section 8-71.3 of this ordinance shall:
1. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood-borne debris.
Ordinance No. 25-13-43 Page 22 of 28
2. Not be permitted in coastal high hazard areas (Zone V).
8-71.3. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
attached to and elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the design flood.
Tank-supporting structures shall meet the foundation requirements of the applicable flood
hazard area.
8-71.4. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
1. At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
OTHER DEVELOPMENT
8-72. General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified in
this ordinance or the Florida Building Code, shall:
1. Be located and constructed to minimize flood damage;
2. Meet the limitations of Section 8-60 of this ordinance if located in a regulated floodway;
3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
4. Be constructed of flood damage-resistant materials; and
5. Have mechanical, plumbing, and electrical systems above the design flood elevation,
except that minimum electric service required to address life safety and electric code
requirements is permitted below the design flood elevation provided it conforms to the
provisions of the electrical part of building code for wet locations.
8-72.2. Fences in regulated floodways. Fences in regulated floodways that have the potential
to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet
the limitations of Section 8-60 of this ordinance.
8-72.3. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls
and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet
the limitations of Section 8-60 of this ordinance.
8-72.4. Roads and watercourse crossings in regulated floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles
or pedestrians to travel from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 8-60 of this ordinance. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of
Section 8-32 (3) of this ordinance.
8-72.5. Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V).
Ordinance No. 25-13-43 Page 23 of 28
In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to
buildings and structures provided the concrete slabs are designed and constructed to be:
1. Structurally independent of the foundation system of the building or structure;
2. Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
3. Have a maximum slab thickness of not more than four(4) inches.
8-72.6. Decks and patios in coastal high hazard areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall
be located, designed, and constructed in compliance with the following:
1. A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
2. A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
3. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.
4. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
8-72.7. Other development in coastal high hazard areas (Zone V). In coastal high hazard
areas, development activities other than buildings and structures shall be permitted only if also
authorized by the appropriate federal, state or local authority; if located outside the footprint of,
and not structurally attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup
and wave reflection that would increase damage to adjacent buildings and structures. Such
other development activities include but are not limited to:
1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
3. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
Ordinance No. 25-13-43 Page 24 of 28
systems or mound systems.
8-72-8. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard
areas:
1. Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
3. Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification of
the diversion of floodwater or wave runup and wave reflection if the scale and location of
the dune work is consistent with local beach-dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal structural
member of the building.
SECTION 3. The Florida Building Code, Building is hereby amended by the following
administrative amendments.
Sec. 104.10.1, Florida Building Code, Building
Add a new Sec. 104.10.1 as follows:
104.10.1 Modifications of the strict application of the requirements of the Florida
Building Code. The Building Official shall coordinate with the Floodplain Administrator
to review requests submitted to the Building Official that seek approval to modify the
strict application of the flood resistant construction requirements of the Florida Building
Code to determine whether such requests require the granting of a variance pursuant to
Section 117.
Sec. 107.6.1, Florida Building Code, Building
Add a new Sec. 107.6.1 as follows:
107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance
Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to
issue permits, to rely on inspections, and to accept plans and construction documents on
the basis of affidavits and plans submitted pursuant to Section 105.14 and Section
107.6, shall not extend to the flood load and flood resistance construction requirements
of the Florida Building Code.
Sec. 117, Florida Building Code, Building
Add a new Sec. 117 as follows:
Ordinance No. 25-13-43 Page 25 of 28
117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance
procedures adopted in the local floodplain management ordinance shall apply to
requests submitted to the Building Official for variances to the provisions of Section
1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of
the Florida Building Code, Residential. This section shall not apply to Section 3109 of
the Florida Building Code, Building.
SECTION 4. The Florida Building Code, Building is hereby amended by the following
technical amendments.
Add a new Sec. 1612.4.1 as follows:
1612.4.1 Elevation requirements. The minimum elevation requirements shall be as
specified in ASCE 24 or the base flood elevation plus 2 and 1/2 feet, whichever is higher.
SECTION 5. The Florida Building Code, Residential is hereby amended by the following
technical amendments.
Modify Sec. R322.2.1 as follows:
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A Zones
shall have the lowest floors elevated to or above the base flood elevation plus 2 and
%feet or the design flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall
have the lowest floors elevated to or above the base flood elevation plus 2 and 1/2
feet 1 foot (305 mm), or to the design flood elevation, whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall have the
lowest floor (including basement) elevated at least as high above the highest
adjacent grade as the depth number specified in feet on the FIRM plus 1 foot
(305mm), or at least 4 and 1/2 feet 2 feet (610 mm) if a depth number is not
specified.
4. Basement floors that are below grade on all sides shall be elevated to or above the
base flood elevation plus 2 and 1/2 feet or the design flood elevation, whichever is
higher.
Exception: Enclosed areas below the design flood elevation, including basements
whose floors are not below grade on all sides, shall meet the requirements of Section
R322.2.2.
Modify Sec. R322.3.2 as follows:
R322.3.2 Elevation requirements.
1. All buildings and structures erected within coastal high-hazard areas shall be
elevated so that the lowest portion of all structural members supporting the lowest
floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade
beams and bracing, is:
Ordinance No. 25-13-43 Page 26 of 28
1.1 Located at or above the base flood elevation plus 2 and '%feet or the design
flood elevation, whichever is higher, if the lowest horizontal structural member is
oriented parallel to the direction of wave approach, where parallel shall mean
less than or equal to 20 degrees (0.35 rad) from the direction of approach, or
1.2 Located at the base flood elevation plus 3 and %feet 1 foot (305 mm), or
the design flood elevation, whichever is higher, if the lowest horizontal structural
member is oriented perpendicular to the direction of wave approach, where
perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of
approach.
2. Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited.
4. Minor grading, and the placement of minor quantities of fill, shall be permitted for
landscaping and for drainage purposes under and around buildings and for support
of parking slabs, pool decks, patios and walkways.
Exception: Walls and partitions enclosing areas below the design flood elevation shall meet
the requirements of Sections R322.3.4 and R322.3.5.
SECTION 6. FISCAL IMPACT STATEMENT.
In terms of design, plan application review, construction and inspection of buildings and
structures, the cost impact as an overall average is negligible in regard to the local technical
amendments because all development has been subject to the requirements of the local
floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
SECTION 7. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Atlantic
Beach. This ordinance shall apply to all applications for development, including building permit
applications and subdivision proposals, submitted on or after.
SECTION 8. REPEALER.
Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of
any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and
regulation(s): Chapter 8, Flood Hazard Areas, City of Atlantic Beach Code.
SECTION 9. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the City Commission that the provisions of this ordinance shall become and be
made a part of the City of Atlantic Beach's Code of Ordinances, and that the sections of this
ordinance may be renumbered or relettered and the word "ordinance" may be changed to
"section," "article," "regulation," or such other appropriate word or phrase in order to accomplish
such intentions.
SECTION 10. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 11. This Ordinance shall take effect immediately upon its final passage and
adoption.
Ordinance No. 25-13-43 Page 27 of 28
Passed by the City Commission on first reading this 25th day of March 2013.
Passed by the City Commission on second reading and final reading on this 8th day of April
2013.
Attest:
a6441/s2-09 VZ/S-ier-e---' aitk.t.j &.44,0
Donna L. Bartle, CMC Mike Borno
City Clerk Mayor
Approved as to form and correctness:
—/ /
I_, • -nsen, Esquire
Citifney
Ordinance No. 25-13-43 Page 28 of 28