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Agenda2011_0816 AGENDA CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD Tuesday, August 16, 2011 at 6:00 p.m. Commission Chambers, 800 Seminole Road 1. Call to order and pledge of allegiance. a. Introduction of new CD Board member, Patrick Stratton. 2. Approval of minutes of the July 19th meeting. 3. Recognition of Visitors. 4. Old Business. None. 5. New Business. a. ORDINANCE NO. 25-11 -42. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8 FLOOD HAZARD AREAS OF THE CODE OF ORDINANCES, RELATING TO FLOOD DAMAGE PREVENTION, IN ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE; PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING FOR REPEAL OF CHAPTER 8 FLOOD HAZARD AREAS, AS AMENDED, IN ITS ENTIRETY, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Review revisions to Chapter 8, Flood Hazard Areas, of the Municipal Code and make recommendation to City Commission. 6. Other business not requiring action. None. 7. Adjournment. All information related to the item included in this agenda is available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida and may be obtained at this office or by calling (904) 247-5800. Interested parties may attend the meeting indicated in this notice and state your opinions, or comments regarding the agenda items may be mailed to the address contained in this agenda. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which any appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board Page 1 of 4 1 2 3 MINUTES OF THE REGULAR MEETING OF THE 4 COMMUNITY DEVELOPMENT BOARD 5 Tuesday, July 19, 2011 6 7 8 The regular meeting of the Community Development Board was convened at 6:05 pm on Tuesday, July 9 19, 2011 in the City Hall Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In 10 attendance were Building Official Michael Griffin, Principal Planner Erika Hall, Board members Kelly 11 Elmore, Chris Lambertson, Harley Parkes and Brea Paul. Members Blaine Adams and Kirk Hanson were 12 absent. 13 14 1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:05 pm. 15 16 2. APPROVAL OF MINUTES OF THE JUNE 21, 2011 MEETING. Chairman Lambertson called 17 for a motion to approve the minutes of the June 21, 2011 meeting. 18 19 MOTION: Mr. Elmore moved to approve the minutes of the June 21, 2011 meeting, as written. 20 Seconded by Ms Paul, the motion carried, 4-0. 21 22 3. RECOGNITION OF VISITORS. There were no visitors present. 23 24 4. OLD BUSINESS. There was no old business for consideration. 25 26 5. NEW BUSINESS. 27 a. UBE-2011-02 (Cheberko and Ordonez, d/b/a Flagler Diagnostic & Sleeping Disorder 28 Center). Request for a use-by-exception to permit a healthcare service provider that 29 conducts diagnostic testing services consistent with Section 24-109(d)(3) and the definition of 30 a hospital, to be located in the Commercial Professional Office zoning district at 645 31 Mayport Road. 32 33 Ms. Hall presented a summary of the request and explained that the applicants are licensed 34 healthcare service providers, specifically diagnosticians of sleep-related disorders. Due to the 35 nature of the disorders and required observational testing, patients must submit to overnight stays 36 at the facility. According to Atlantic Beach definitions and use provisions, only a hospital 37 “maintains and operates facilities for overnight care”, and only with an approved use-by-exception 38 within the Commercial Professional Office (CPO) zoning district. She added that the proposed 39 location is an existing professional office building that previously housed a dentist office and a 40 salon, noting that there would be very few renovations to the property beyond cosmetic updates 41 such as painting and carpet replacement, and that there was more than sufficient parking, 42 especially considering that services would be provided during off-peak hours. 43 Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board Page 2 of 4 44 Eric Ordonez (4721 East Moody Boulevard, Bunnell, Florida) introduced himself as co-applicant, 45 and stated that Flagler Diagnostic currently has two locations, the main office being in Bunnell, 46 and a second office currently in Palatka. He explained that ultimately, the desire is to build a new 47 diagnostic center, but currently there is a moratorium on the opening of new standalone testing and 48 medical equipment companies in the states of California, Florida and Texas, due to a federal 49 Medicare audit of billing practices. He noted there are 58 such affected companies in Jacksonville 50 alone. However, there is a provision that allows existing businesses to move a license to a new 51 address within the state. Mr. Ordonez said Flagler Diagnostic would be better positioned to serve 52 the local military population, if the Palatka office was relocated to Atlantic Beach. He then 53 introduced Clinical Director Randy Alvarez, who spoke more to the agreement Flagler has with 54 Department of Defense Military Healthcare System to provide testing. He explained that currently 55 there are only six (6) military installations throughout the country that have their own sleep 56 disorder clinics – Jacksonville NAS has a four (4) bed facility with two employees – and that 57 private clinics are crucial to timely evaluation of military personnel returning from deployment 58 and often suffering from post-traumatic stress disorder and night-time seizures. Further, it is now 59 mandatory that all personnel undergo pre-deployment testing. 60 61 Mr. Lambertson opened the hearing to public comment and with there being none, closed that 62 portion of the hearing and opened the floor to discussion by the Board. Mr. Parkes asked if the 63 service was exclusive to military personnel, or if it were open to the general public as well. Mr. 64 Ordonez said that the majority of patients were military personnel, but the Center also contracts 65 with most of the major insurance providers and provides services to the general public as well. 66 67 Mr. Elmore asked what capacity was anticipated, to which Mr. Ordonez replied the initial plan was 68 to start with four (4) rooms, with the possibility of running two (2) at all times, five to six nights 69 per week. Mr. Lambertson suggested that a limit be placed on the maximum number of beds 70 allowed, so as to maintain intensity compatible with the future land use and zoning. Ms. Hall 71 asked Mr. Ordonez how many rooms the site provided, and he replied that there were five (5) 72 rooms with the potential to increase that number to ten (10), looking to the future and the 73 probability of a nuclear carrier being assigned to Mayport. Mr. Lambertson asked what the 74 employee to patient ratio would be, to which Mr. Ordonez replied there would be one (1) staff per 75 two (2) beds. Mr. Lambertson verified that there is sufficient parking to accommodate a capacity 76 of fifteen (15), being five (5) staff and ten (10) patients, and Ms. Hall agreed there was more than 77 ample parking, noting more than thirty parking spaces on site. Ms. Paul, noting that most services 78 would be rendered overnight, inquired as to security. Mr. Ordonez said that an agreement had 79 been negotiated with the landlord to provide security measures such as outdoor lighting. 80 81 MOTION: Recommend approval to the City Commission of the requested use-by-exception 82 to permit a healthcare service provider that conducts diagnostic testing services, limited to 83 ten (10) beds, to be located in the Commercial Professional Office (CPO) zoning district at 84 645 Mayport Road, finding the proposed use is consistent with the definition of a hospital 85 and Section 24-109(d)(3) of the Land Development Regulations defining the CPO zoning 86 district, and is compatible with adjacent properties and other properties in the surrounding 87 area; and, that approval of the request is in compliance with the requirements of Section 24-88 63, governing the approval of uses-by-exception, and is not contrary to public interest and is 89 not detrimental to the health, safety and welfare of the general public. Moved by Mr. 90 Elmore, seconded by Mr. Parkes. Motion carried, 4-0. 91 Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board Page 3 of 4 92 Mr. Lambertson informed the applicant that staff would forward the recommendation of the 93 Community Development Board to the City Commission, which would hear the item and take 94 final action at a future meeting. 95 96 b. UBE-2011-03 (William M. Dutter, DuttsOne Productions LLC). Request for a use-by-97 exception to permit an establishment engaged in the recondition, repair, restoration and sale 98 of used automotive vehicles consistent with Section 24-112(c)(4) and (5) to be located within 99 the Light Industrial and Warehousing (LIW) zoning district at 157-B Levy Road. 100 101 Ms. Hall provided an overview of Mr. Dutter’s proposal, and explained that the location is 102 perfectly suited to the type of work to be done, noting that a use-by-exception was only being 103 pursued to cover any possible instances in which one of Mr. Dutter’s vehicles might require work 104 defined as heavy repair, or in case he should desire to show and sell vehicle on the premises. She 105 described the proposed location as an existing garage-type bay, with sufficient access and parking 106 to accommodate employees, estimated to be two, and the very low volume of customer traffic 107 anticipated by the applicant. She also confirmed that previous tenants included an automotive 108 paint and body shop as well as a crematorium, both of which were approved uses-by-exception, 109 and that adjacent units on the same property housed a marine/automotive repair establishment and 110 a welding/fabrication establishment. 111 112 William Dutter (1742 Ocean Grove Drive) explained that since retirement, he has realized some 113 profitability in traveling to auctions and estate sales where he often purchases small mechanical or 114 motorized items such as lawn mowers and clocks, which he then refurbishes and resells. As a 115 recent venture, he purchased, reconditioned and sold a classic car, and found there is a market for 116 such goods and services. However, he has since had to pass up several other potentially lucrative 117 opportunities due to the type and amount of work that would be required, such as the rebuilding of 118 a transmission, which is considered heavy automotive repair. Also, though he anticipates most 119 sales transactions would occur at auto shows and auctions, he would like to secure the ability to 120 conduct transactions on site. 121 122 Mr. Lambertson opened the hearing to public comment and with there being none, closed that 123 portion of the meeting and opened the item to discussion by the Board. Mr. Parkes said he saw no 124 problems with Mr. Dutter’s request. Mr. Elmore agreed, stating that it seemed to be a good fit for 125 the location; however, he did want to confirm the location would not be manned by a salesperson, 126 as typically seen on used car lots. Mr. Dutter responded that was correct – there would be no 127 salesperson, probably only himself and a part-time mechanic on the premises at any given time. 128 Further, the target market is more of a special interest group, and showings and sales would likely 129 be more or less by invitation or appointment. 130 131 MOTION: Recommend approval to the City Commission of the requested use-by-exception 132 to permit an establishment engaged in the recondition, repair, restoration and sale of used 133 automotive vehicles to be located in the Light Industrial and Warehousing (LIW) zoning 134 district at 157-B Levy Road, finding the proposed use is consistent with Section 24-112(c)(4) 135 and (5) of the Land Development Regulations defining the LIW zoning district, and is 136 compatible with adjacent properties and other properties in the surrounding area; and, that 137 approval of the request is in compliance with the requirements of Section 24-63, governing 138 the approval of uses-by-exception, and is not contrary to public interest and is not 139 Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board Page 4 of 4 detrimental to health, safety and welfare of the general public. Moved by Mr. Parkes, 140 seconded by Mr. Elmore. Motion carried, 4-0. 141 142 Mr. Lambertson informed the applicant that staff would forward the recommendation of the 143 Community Development Board to the City Commission, which would hear the item and take 144 final action at a future meeting. 145 146 6. OTHER BUSINESS NOT REQUIRING ACTION. None. 147 148 7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 6:25 pm. 149 150 151 _______________________________________ 152 Chris Lambertson, Chairman 153 154 155 156 _______________________________________ 157 Attest 158 AGENDA ITEM 5.a. COMMUNITY DEVELOPMENT BOARD STAFF REPORT August 16, 2011 Regular Meeting To: Community Development Board From: Erika Hall, Principal Planner Date: August 8, 2011 Subject: ORDINANCE NO. 25-11-42. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8 FLOOD HAZARD AREAS OF THE CODE OF ORDINANCES, RELATING TO FLOOD DAMAGE PREVENTION, IN ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE; PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING FOR REPEAL OF CHAPTER 8 FLOOD HAZARD AREAS, AS AMENDED, IN ITS ENTIRETY, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. STAFF COMMENTS According to Section 24-47(e) of the City of Atlantic Beach Municipal Code of Ordinances, “[t]he Community Development Board shall also serve as the Local Planning Agency for the City of Atlantic Beach and shall provide those functions as set forth in Chapter 163, Florida Statutes, as may be amended. Section 163.3174(4), F.S., defines the general responsibility of the Community Development Board, acting in its capacity as the local planning agency, to be the conduct of the comprehensive planning program, and further specifies the local planning agency shall: (c) Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof, when the local planning agency is serving as the land development Agenda Item 5.a. – ORD NO. 25-11-42 Revisions to CHAPTER 8 – Flood Hazard Areas 2 regulation commission or the local government requires review by both the local planning agency and the land development regulation commission. Recently the Federal Emergency Management Agency (FEMA) began the process of revising and updating the Flood Insurance Rate Maps (FIRMs) for Duval County, including the City of Atlantic Beach. The update included a review of our existing flood protection ordinance, Chapter 8 – Flood Hazard Areas, of the Municipal Code. As recommended by the FEMA review, attached is a strike-through and underline draft of the proposed ordinance with revisions to Chapter 8. The proposed ordinance contains the Federal regulations governing community participation in the National Flood Insurance Program (NFIP) and local regulation of development in Special Flood Hazard Areas (SFHA), and is intended to assist with our needs as related to floodplain management, land use and zoning, as it contains regulations specifically formulated for coastal communities with regulatory floodways such as Atlantic Beach. The attached proposed ordinance has been reviewed by the State of Florida Floodplain Management office and is recommended for adoption. The Community Development Board may move to recommend adoption of proposed Ordinance No. 25-11-42, which revises Chapter 8, Flood Hazard Areas, of the Municipal Code of Ordinances for the City of Atlantic Beach, upon finding it is consistent with the purpose and intent of the Chapter 24, Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach, and the authority and responsibilities bestowed upon this Board by Section 24-47, in furtherance of the goals, objectives and policies of the adopted 2020 Comprehensive Plan. Those relevant goals, objectives and policies are listed below. A. FUTURE LAND USE ELEMENT GOAL A.1: The City shall manage growth and redevelopment in a manner which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment; 2) avoids blighting influences; 3) preserves and enhances coastal, environmental, natural, historic and cultural resources; 4) maintains the City’s distinct residential community character; 5) provides for reasonable public safety and security from hazardous conditions associated with coastal locations; 6) provides public services and facilities in a timely and cost-effective manner; and 7) encourages energy efficiency and the use of renewable energy resources. OBJECTIVE A.1.1 – ENVIRONMENTAL RESOURCES: Land development activities and project review procedures shall include requirements intended to protect natural environmental features and improve the physical characteristics of the City so as to ensure the conservation and protection of Environmentally Sensitive Areas, as defined in Policy D.3.2.8 of the Coastal Conservation Element, and any other natural resources including wetlands, wildlife habitats, estuarine systems, and surface and groundwater resources. • POLICY A.1.1.1: Land development within the City shall be permitted only where such development is compatible with environmental limitations of the Agenda Item 5.a. – ORD NO. 25-11-42 Revisions to CHAPTER 8 – Flood Hazard Areas 3 site and only when submitted plans demonstrate appropriate recognition of topography, soil conditions, flooding conditions, trees, vegetation and other Environmentally Sensitive Areas, including wetlands and coastal resources, and habitat protection of rare, endangered or threatened species and areas of unique natural beauty. OBJECTIVE A.1.5 – SOUND DEVELOPMENT PATTERNS: The City shall maintain development patterns which 1) prevent blighting influences and eliminate non-conforming uses; 2) foster diverse and stable neighborhoods; 3) protect coastal and environmental resources; 4) provide proper locations for public facilities and utilities and energy-efficient land use patterns; and, 5) encourage healthy and aesthetically pleasing living conditions. • POLICY A.1.5.2: The City shall consider, in conjunction with the issuance of all development permits within its boundaries, the impacts of development upon adjacent jurisdictions, regional service entities, regional planning policies, and hurricane evacuation plans. Further, the City shall cooperate with such entities to ensure equitable, timely, and coordinated urban development activities. OBJECTIVE A.1.7 – COORDINATION WITH OTHER AGENCIES AND ADJACENT CITIES: The City shall coordinate its planning and development activities with the resource management plans of the St Johns River Water Management District, the Department of Environmental Protection, the City of Jacksonville, and the City of Neptune Beach, as well as with other private entities and public agencies, as may be appropriate. • POLICY A.1.7.1: The City shall develop and adopt regulations and policies which are consistent with resource management plans of other government agencies and any special districts within which the City is located. • POLICY A.1.7.2: The City shall not issue local development permits prior to the issuance of any other required permit from County, State or Federal agencies having jurisdiction and permitting authority over the proposed development. Issuance of a required permit from County, State or Federal agencies shall not be a presumption of any entitlement to a local development permit. OBJECTIVE A.1.8 – POST-DISASTER REDEVELOPMENT: The City shall encourage innovative land development approaches and concepts in the event of post-disaster redevelopment which will have the effect of reducing dependence upon automobile travel, conserving valuable natural resources and Environmentally Sensitive Areas, and preventing property damage as well as threats to human safety and security. • POLICY A.1.8.2: The City shall continue to be a participating agency in the Duval County Local Mitigation Strategy (LMS) and shall continue to implement the goals and objectives of the LMS. • POLICY A.1.8.3: The City shall identify the Coastal High Hazard Area as the area below the Category 1 storm surge line as established by the Sea, Lake and Agenda Item 5.a. – ORD NO. 25-11-42 Revisions to CHAPTER 8 – Flood Hazard Areas 4 Overland Surges from Hurricane (SLOSH) computerized storm surge model as mapped in the Storm Tide Atlas prepared by the Northeast Florida Regional Council as part of the latest Regional Hurricane Evacuation Study, pursuant to Chapter 163, Florida Statutes. • POLICY A.1.8.4: Within residential development areas that are within the Coastal High Hazard Area, as depicted by the Coastal High Hazard Area Map, adopted as Map A-3 of the Future Land Use Map Series and made part of this Plan amendment, the City shall not approve Plan or Map amendments that increase residential densities. • POLICY A.1.8.5: The City shall not approve changes to Zoning District classifications or amendments to the Future Land Use Map that would have the effect of increasing populations with special hurricane evacuation needs, as described in Chapter 252.355, Florida Statutes. OBJECTIVE A.1.11 – APPROPRIATE LAND USE PATTERNS: The City shall provide for land use, development and redevelopment in an efficient manner which supports the land use designations as set forth within the 2010-2020 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses; and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. • POLICY A.1.11.3: The City’s Zoning, Subdivision and Land Development Regulations, zoning and other maps, and any regulations within the City’s Code of Ordinances related to the use and development of land shall be subordinate to the Comprehensive Plan and the Future Land Use Map, which is part thereof. C. INFRASTRUCTURE ELEMENT GOAL C.2: Adequate stormwater management and provision for drainage shall be provided to afford reasonable protection from flooding and to prevent degradation in the quality of receiving surface water and ground water. D. CONSERVATION AND COASTAL MANAGEMENT ELEMENT GOAL D.1: The City shall protect, enhance and preserve beach and dune systems, as well as other coastal resources of environmental value, through proper maintenance and management practices, the avoidance of inappropriate use and development, including publicly-financed improvements within the Coastal High Hazard Area, and shall continue an ongoing program of re-vegetation and installation of properly designed public access-ways in areas that are subject to erosion such as the dune system. OBJECTIVE D.1.1 – COASTAL HIGH HAZARD AREA: The City shall limit public expenditures that subsidize development within the Coastal High Hazard Area except for maintenance, restoration, or enhancement of natural resources, and the provision for appropriate public access to and use of natural resources. Agenda Item 5.a. – ORD NO. 25-11-42 Revisions to CHAPTER 8 – Flood Hazard Areas 5 • POLICY D.1.1.2: The City shall limit new public construction in the Coastal High Hazard Area to improvements that do not increase residential density and to that which customarily supports recreation and open-space use of the beach and waterway-related resources, and which achieves dune stabilization and prevention of erosion through environmentally sound practices. OBJECTIVE D.1.2 – STORM AND FLOOD HAZARDS: The City shall continue best management practices that are intended to reduce damage to and erosion of dune systems and dune vegetation and estuarine environments that result from storms and flood hazards. • POLICY D.1.2.1: The City shall rigorously enforce its floodplain management regulations to conform with or exceed the requirements of the Federal Emergency Management Agency. • POLICY D.1.2.2: The City shall continue to partner in the Duval County Local Mitigation Strategy and participate in the Duval County emergency preparedness operations. The City shall review new Land Development Regulations for consistency with the Local Mitigation Strategy prior to adoption. GOAL D.2: The City shall maximize, to the extent feasible, provisions and opportunities for the protection of life and property from the effects of hurricanes and other natural disasters. OBJECTIVE D.2.2 – REDEVELOPMENT WITHIN THE COASTAL HIGH HAZARD AREA: Redevelopment activities within the Coastal High Hazard Area shall be guided by the redevelopment provisions as set forth within the Land Development Regulations, which shall serve the purpose of reducing the vulnerability of people, property and natural resources to damage from coastal storms. • POLICY D.2.2.1: The City shall coordinate with Duval County in reviewing and revising the City’s Hurricane Plan and pertinent portions or regulatory codes as necessary to achieve the following policies. • POLICY D.2.2.4: Structures that are storm damaged over 50% of their most recent appraised value may be reconstructed only when the entire structure will then conform to all applicable regulations, including all Land Development Regulations, and Florida Building and Coastal Construction codes. Repairs made to structures damaged to a lesser degree shall comply with all applicable Land Development Regulations and Florida and Coastal Construction codes in effect at the time of such work. • POLICY D.2.2.5: The City establishes, for regulatory purposes, the Coastal High Hazard Area as the area below the Category 1 storm surge line as established by the Sea, Lake and Overland Surges from Hurricane (SLOSH) computerized storm surge model as mapped in the Storm Tide Atlas prepared by the Northeast Florida Regional Council as part of the current Regional Hurricane Evacuation Study pursuant to Chapter 163, Florida Statutes. Agenda Item 5.a. – ORD NO. 25-11-42 Revisions to CHAPTER 8 – Flood Hazard Areas 6 OBJECTIVE D.2.3 – HAZARD MITIGATION: The City shall seek appropriate means of reducing the potential loss of life and property through provisions within the Land Development Regulations, including implementation of hazard mitigation policies from the Local Mitigation Strategy. GOAL D.3: The City shall protect, preserve and maintain natural environmental resources so as to maintain or enhance air quality, water quality, vegetative communities, wildlife habitats and other natural functions of soils, fisheries, wetlands and estuarine marshes. OBJECTIVE D.3.2 – CONSERVATION AND PROTECTION OF NATURAL COASTAL RESOURCES: The City shall maintain or adopt provisions within its Land Development Regulations for private and public development which conserve and enhance soils, native vegetation, living marine and water resources, and wildlife habitats to the maximum extent possible. • POLICY D.3.2.1: The City shall require applicants for development permits to submit appropriate environmental surveys and reports prior to the issuance of development permits. All applications for development permits and applications to rezone to Planned Unit Development and other zoning related applications shall be required to identify environmental features, including any wetlands, CCCL, natural water bodies, open space, buffers and vegetation preservation areas, and to sufficiently address any adverse impacts to Environmentally Sensitive Areas. • POLICY D.3.2.5: In accordance with Chapter 163.3202, Florida Statutes, the City shall establish and maintain within its Land Development Regulations, all necessary requirements and restrictions to ensure that land development, land disturbing activities, and land uses are managed in a manner which protects and conserves natural functions of soils, fisheries, wildlife habitats, rivers, flood plains, wetlands (including estuarine marshes) and marine habitats including hatchling turtles. OBJECTIVE D.3.3 – REGULATORY AUTHORITY: The City shall continue to cooperate with other permitting and regulatory agencies to improve estuarine environmental quality to achieve the estuarine water quality standards established by FDEP. • POLICY D.3.3.1: The City shall maintain, and amend as necessary, provisions within its Land Development Regulations to achieve consistency with the rules and regulatory authority of the SJRWMD. • POLICY D.3.3.2: The City shall coordinate with other governmental agencies during the review, permitting and development of sites which, if improperly developed, could have adverse impacts upon estuarine quality and related resources, and through such coordination, the City shall ensure adequate sites within the drainage basin for water-dependent uses and ensure public access; prevent estuarine pollution which would adversely affect another governmental jurisdiction and reduce exposure to flood hazards. Agenda Item 5.a. – ORD NO. 25-11-42 Revisions to CHAPTER 8 – Flood Hazard Areas 7 G. INTERGOVERNMENTAL COORDINATION ELEMENT GOAL G.1: The City shall coordinate and cooperate with adjacent jurisdictions, other public and governmental agencies to ensure 1) the equitable and reasonable sharing of authority, responsibility and resources in the provision of services, education and housing; 2) the provision for effective development review and permitting; and, 3) the effective representation on behalf of the City in decisions related to future growth management, planning and funding resources. MOTION BY ____________________ TO RECOMMEND ____ A ____ D SECOND BY ____________________ VOTE ___________________________ 1 ORDINANCE NO. 25-11-42 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8 FLOOD HAZARD AREAS OF THE CODE OF ORDINANCES, RELATING TO FLOOD DAMAGE PREVENTION, IN ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE; PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDNG FOR VARIANCE PROCEDURES; PROVIDING FOR REPEAL OF CHAPTER 8 FLOOD HAZARD AREAS, AS AMENDED, IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Atlantic Beach Board of Commissioners (Board) seeks to protect the health, safety and welfare of the citizens of Atlantic Beach; and WHEREAS, the Board desires to replace, to the extent applicable, the City of Atlantic Beach’s current Chapter 8 Flood Hazard Areas of the Code of Ordinances with regulations and policies set forth in the State of Florida Model Flood Damage Prevention Ordinance. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 8 Flood Hazard Areas of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: Chapter 8 FLOOD HAZARD AREAS Art. I. General Statutory Authorization Art. II. Administration Art. III. Flood Hazard Reduction Standards ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES Sec. 8-1. Statutory authorization. The Legislature of the State of Florida has delegated in Chapter 166, Florida Statutes, the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Commission of Atlantic Beach, Florida, does ordain as follows in this chapter. Sec. 8-2. 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 2 commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages. Sec. 8-3. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Sec. 8-4. Objectives. The objectives of this ordinance are to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas; and (7) Ensure that potential home buyers are notified that property is in a flood hazard area. Sec. 8-5. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter 3 its most reasonable application: Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. Addition (to an existing building) means any walled and roofed 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 construction. Appeal means a request for a review of the planning and development director's Floodplain Administrator’s interpretation of any provision of this chapter or a request for a variance. Area of shallow flooding means a designated AO or VO AH Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The term is synonymous with “special flood hazard area”. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base Flood Elevation means the water-surface elevation associated with the base flood. Basement means that portion of a building having its floor subgrade (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 construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building –see Structuremeans 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 Zones VI -- 30, VE or V. Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, 4 buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Construction means, for the purpose of floodplain management, structures for which the “start of construction” commenced before March 23, 1987. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured home 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 23, 1987. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means; (a) Aa 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. (b) The collapse or subsidence of land along a shore of a lake or other body of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a) (1) of this definition. Flood Boundary and Floodway Map (FBFM) means the official map of the community on which the Federal Emergency Management Agency (FEMA) has delineated the areas of special flood hazard and regulatory floodways. Flood hazard boundary map (FHBM) means an official map of a community, issued by FEMA the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. Flood insurance rate map (FIRM) means an official map of a community, on which FEMA 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 means the official hydrology and hydraulics report provided by FEMAthe Federal Emergency Management Agency. This report contains an examination, evaluation, and determination of flood profiles, hazards, and if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide as well as other-flood related erosion hazards. The study may also contain flood profiles, as well as the flood insurance rate map, the flood boundary-floodway map (where applicable) and other related data and information. Floodplain means any land area susceptible to being inundated by water from any 5 source (see definition of “flooding”. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain Administrator is the individual appointed to administer and enforce the floodplain regulations of the City of Atlantic Beach. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance, and other applications of police power which control development in flood-prone areas. This term describes Federal, State of Florida, or local regulations in any combination thereof, which provide standards for preventing and reduction flood loss and damage. Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway fringe means that area of the one-percent (base or 100-year) floodplain on either side of the regulatory floodway. Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Freeboard is a factor of safety usually expressed in feet above the base flood elevation (BFE). In the City of Atlantic Beach, freeboard is two and one-half (2.5) feet. Means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, blockage of bridge or culvert openings, and hydrological effect of urbanization of the watershed, which could contribute to flood heights greater than the heights calculation for a selected frequency flood a floodway conditions. Freeboard for the City of Atlantic Beach is two and one half (2.5) feet above the 100 year base flood elevation. Free of Obstruction means any type of lower area enclosure or other construction element will not obstruct the flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event. This requirement applies to the structures in velocity zones (V-Zones). 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. Hardship as related to variances for this ordinance means the exceptional difficulty associated with the land that would result for a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property 6 involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship; all of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to building elsewhere or put the parcel to a different use than originally intended. Historic Structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a register district or a district preliminarily determined by the Secretary to qualify as a registered historic district: (3) Individually listed on the Florida inventory of historic places, which has been approved by the Secretary of the Interior, or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) By the Florida program as determined by the Secretary of the Interior, or (b) Directly by the Secretary of Interior. Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the area's lowest enclosed area (including basement) of a building. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement, is not considered a buildings lowest floor, provided that such enclosure is not built so as to render the structure in violation of the nonelevation design standards of this chapter. Structures mean a walled and roofed building that is principally above ground, a manufactured home, or a gas or liquid storage tank. Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: Black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia 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 floodplain. For purposes of this chapter the term is synonymous with national geodetic vertical datum (NGVD). Manufactured 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 foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days 7 or longer and intended to be improved property. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the building value, which is the property value excluding the land value and that of the detached accessory structure and other improvements on site (as agreed to be between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost depreciated for age and quality of construction of building ), or adjusted tax- assessed values. 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 floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929, or North American Vertical Datum (NAVD) of 1988. National geodetic vertical datum (NGVD), as corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter March 23, 1987. The term also includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final side grading or the pouring of concrete pads) is completed on or after March 23, 1987. North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain. Primary frontal dune means a continuous of nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground. Program deficiency means a defect in the community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Flood Insurance Program. Public safety and nuisance means anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed building. 8 Recreational vehicle means a vehicle that is: (1) built on a single chassis; (2) 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. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Remedy a deficiency or violation means to bring the regulation, procedure, structure or other development into compliance with State of Florida, Federal, or local floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Repetitive loss means flood related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Riverine means relating to, formed by, or resembling a river (including tributaries) stream, brook, ect. Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. Shallow flooding – see area of shallow flooding. Special flood hazard area – see area of special flood hazard. Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Art (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent 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 construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structures means for floodplain management purposes, a walled and roofed building that is principally above ground, a manufactured home, or a gas or liquid storage tank. Substantial damage means damage of any origin sustained by a structure whereby the 9 cost of restoring the structure to it’s before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. This term also includes “repetitive loss” structure as defined herein. Substantial improvement means any repair, reconstruction, alteration, or improvement to a structure, the cost of which equals or exceeds fifty (50) 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. This term does not include any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure. Substantial improved existing manufactured home parks or subdivision is where the repair, reconstruction, rehabilitation, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. Violation means the failure of a structure or other development to be fully compliant with the requirements of this ordinance. A structure of other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time so as that documentation is provided. Watercourse means a lake, river, creek, stream, wash, channel or other topographical feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Sec. 8-6. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of Atlantic Beach, Florida. Sec. 8-7. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its most recently published Flood Insurance Study/Flood Insurance Rate Map, dated April 17, 1989, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this chapter. Sec. 8-8. Compliance. No structure or land shall hereafter be located, extended, converted or structurally 10 altered without full compliance with the terms of this chapter and other applicable regulations. Sec. 8-9. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and an ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 8-10. Interpretation. In the interpretation and application of this chapter, 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. Sec. 8-11. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter 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 chapter shall not create liability on the part of Atlantic Beach or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. Sec. 8-12. Penalties for violation. Violation of the provisions of this chapter 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 chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00)or imprisoned for not more than sixty (60) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. ARTICLE II. ADMINISTRATION Sec. 8-21. Local floodplain administrator. The City of Atlantic Beach hereby appoints the local floodplain administrator, who is the city’s Building Official, unless otherwise designated by the city manager, is hereby appointed to administer and implement the provisions of this chapter, and is herein referred to as the Floodplain Administrator. Sec. 8-22. Same--Duties and responsibilities. Duties of the local floodplain administrator shall include, but not be limited to: 11 (1) Review all development permits to assure that the permit requirements of this chapter have been satisfied and those sites are reasonably safe from flooding. (2) Require copies of additional Federal, State of Florida, or local permits, especially as they relate to Chapters 161.052; 320.8249; 320; 320.8359; 373.036; 380.05; 381.0065; and 553, Part IV, Florida Statutes, be submitted along with the development permit application and maintain such permits on file with the development permit. 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. (3) Notify adjacent communities and the Florida Department of Community Affairs – Division of Emergency Management – State Floodplain Management Office, St. Johns River Water Management District, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (4) Notify FEMA within six months when new technical or scientific data becomes available to the community concerning physical changes affecting flooding conditions so that risk premium rates and flood plain management requirements will be based on current data. (5) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-Zones) or bottom of the lowest horizontal structure member of the lowest floor (V-Zones) of all new and substantially improved buildings, in accordance with section 8-32; to which the new or substantially improved structures have been floodproofed, in accordance with subsection 8-24(b). (7) Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been flood-proofed, in accordance with section 8-32. (8) Review certified plans and specifications for compliance. When flood-proofing is utilized for a particular building, certification shall be obtained from a registered engineer or architect certifying that all areas of the building, together with attendant utilities and sanitary facilities, below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance with this Chapter. In Coastal High Hazard Areas, certification shall be obtained from a registered professional engineer or architect that the building is designed and securely anchored to pilings or columns in order to withstand velocity waters and hurricane wave wash. Additionally in Coastal High Hazard Areas, if the area below the lowest horizontal structural member of the lowest floor is enclosed, it may be done so with open wood lattice and insect screening or with non- supporting breakaway walls that meet the standards of section 8-32 (b) of this ordinance; 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 adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. 12 (9) In coastal hazard areas, the local floodplain administrator shall review plans for adequacy of lattice or screening in accordance with subsection 8-32(e). (10) Where Base Flood Data When floodproofing is utilized, obtain and maintain records of the lowest floor and floodproofing elevations for new construction and substantial improvement in accordance with section 8-32 (a) and (b) respectively. for a particular structure, the local floodplain administrator shall obtain certification from a registered professional engineer or architect, in accordance with subsection 8-32(b). (11) Interpret 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 local floodplain administrator 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. (12) When base flood elevation data or floodway data have not been provided in accordance with section 8-7, then the local floodplain administrator 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 III. (13) All records pertaining to the provisions of this chapter shall be maintained in the office of the local floodplain administrator shall be open for public inspection, and. (14) Coordinate all change requests to the FIS, FIRM and FBFM with the requester, State of Florida and FEMA. Sec. 8-23. Development permit--Established. A development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities. Sec. 8-24. Same--Application procedure. Application for a development permit shall be made to the planning and development director Floodplain Administrator 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 facilities, 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 lowest floor (including basement) of all structures buildings; (2) Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; (3) Certificate from a registered professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in section 13 8-32(b); (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (5) Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the lowest floor and provide a certification form a registered engineer or architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and certified they are in accordance with accepted standards of practice in Coastal High Hazard Areas. (b) Construction stage. Provide a floor elevation or floodproofing certification after the lowest floor is completed, or in instances where 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 Floodplain Administrator a certification of the NGVD or NAVD elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building , said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The planning and development director Floodplain Administrator 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 stop-work order for the project. Sec. 8-25. Variance procedures. (a) The board of adjustment as established by the city City Commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (b) The board of adjustment 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 planning and development director in the enforcement or administration of this chapter. (c) Any person aggrieved by the decision of the board of adjustment City Commission or any taxpayer may appeal such decision to the Circuit Court of the State of Florida. (d) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for section 8-25(h)(1) and (4), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation. 14 (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 chapter, 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; (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 comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the 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 purposes of this chapter, the board of appealsCity Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Conditions for variances: (1) Variances shall only by 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 victimization of the public, or conflict with existing local laws or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice 15 specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (4) The Floodplain Administrator planning and development director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (i) Variance Notification. Any applicant to whom a variance is granted shall be given written notice over the signature of the Mayor that: (1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and, (2) Such construction below the base flood level increases the risks to life and property. A copy of the notice shall be recorded by the City Clerk in the Duval County public records so that it appears in the chain of title of the affected parcel of land. ARTICLE III. FLOOD HAZARD REDUCTION STANDARDS Sec. 8-31. General standards. In all areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding and meet the following provisions provisionsare re-required: (a) New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effect of buoyancy.; (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 sState of Florida requirements for resisting wind forces. (c) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (d) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (e) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities, including duct work, 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. 16 (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 constructed to avoid impairment to them or contamination from them during flooding. (i) Any alteration, repair reconstruction or improvements to a structure which is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter. (j) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of the ordinance, shall be undertaken only if said nonconformity is not furthered, extended, or replaced; (k) All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Floodplain Administrator along with the application for development permit. Copies of such shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to, the following: (1) St. Johns River Water Management District: in accordance with Chapter 373.036 Florida Statutes, Section (2) (a) – Flood Protection and Floodplain Management; (2) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553, Part IV F.S., Florida Building Code; (3) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Site Sewage Treatment and Disposal Systems; and (4) Department of Environmental Protection, Coastal Construction Control Line: in accordance with Chapter 161.053 F.S. Coastal Construction and Excavation; (l) Standards for Subdivision Proposals and other new Proposed Development (including Manufactured homes): (1) Such proposals shall be consistent with the need to minimize flood damage; (2) Such shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; and (3) Such proposals shall have adequate drainage provided to reduce exposure to flood hazards. (m) When proposed new construction and substantial improvements are partially located in an area of special flood hazard, the entire structure shall meet the standards for new construction. (n) When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevation, the entire structure shall meet the standards for the most hazardous flood hazard risk zone and the highest base flood elevation. Sec. 8-32. Specific standards. In all A-Zone areas of special flood hazard where base flood elevation data have been provided (Zones AE, AI-30, A (with base flood elevations) and AH), as set forth in section 8-7 or 17 section 8-23(k) the following provisions are required in addition to those set forth in Section 8- 31: (a) Residential construction. New construction or substantial improvement of any residential structureresidential structure (including manufactured home) shall have the lowest floor, including basement, elevated no lower than the two and one half feet (2.5’) above 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 section 8-32(c). (b) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential 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 floodproofed 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 resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 8-24(b) along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the Floodplain Administrator. (c) Enclosures below the Lowest FloorElevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor base flood elevation shall be designed to preclude finished living space and designed to allow for entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (2a) Provide a minimum of two (2) openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (3b) The bottom of all openings shall be no higher than one foot above adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and (4c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (51) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation. (62) 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). (73) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (d) Standards for Manufactured Homes and Recreational Vehicles 18 (1) All manufactured homes that are placed, or substantially improved within Zones A1-30, AH, and AE, on sites outside of an existing manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood, the lowest floor be elevated on a permanent foundation to no lower than two and one half (2.5) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement. (2) All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision that are not subject to these provision of paragraph 4 (a) of this Section, must be elevated so that either: (a) The lowest floor of the manufactured home is elevated to no lower than two and one-half feet above the base flood elevation, or (b) The manufactured home chassis is supported by reinforced piers or their foundation elements of at least an equivalent strength that are no less than 66 inches in height above the grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (3) All recreational vehicles must be either: (a) Be on the site for fewer than 180 days, (b) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking s system, is attached to the site only by quick disconnect type utilities and security devices and has not permanently attached additions), or (c) Meet all the requirements for new construction, including anchoring and elevation standards in accordance with Section 8-32. (e4) Adequate drainage paths around structures shall be provided on slopes to guide water away from structures with Zone AH. (f5) Standards for waterways with established Base Flood Elevations but without Regulatory Floodways. Located within the areas of special flood hazard established in Section 8-7 of this ordinance, where streams exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (A Zones AE and A1-30), the following provisions, in addition to those set forth in Section 8-32 (a) through (e), shall apply: (1) Until a regulatory floodway is designated, no new construction, substantial improvements, or other development including fill shall be permitted within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point in the community. 19 (2) Development activities which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies – with the community’s endorsement- for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency (FEMA). (g) Standards for waterways with established Base Flood Elevations and Floodways. Located within the areas of special flood hazard established in Section 8-7 of this ordinance, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the high velocity of flood waters which carry debris, potential projectiles and have significant erosion potential, the following provisions, in addition to those set forth in Section 8-32 (a) through (e)of this ordinance, shall apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other developments within the regulatory floodway unless certification (with supporting technical data) by a registered professional engineer is provided through hydrological and hydraulic analyses performed in accordance with standard engineering practice demonstrating the encroachments would not result in any increase in flood level during occurrence of the base flood discharge. (2) Development activities including new construction and substantial improvements within the regulatory floodway that increase the base flood elevation may be allowed, provided that the developer or applicant first applies – with the community’s endorsement- for a conditional FIRM revision, and receives the approval from FEMA. (3) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodway, the development shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood in accordance with Section 8-32 (g)(1). (h) For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor of all new construction and substantial improvement shall be elevated to no lower than the 100-year flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with section 8-7, whichever is higher. All non-elevation design requirements of Section 8-32 shall apply. (e) Coastal high hazard areas (V Zones). Located within the areas of special flood hazard established in section 8-7 are areas designated as coastal high hazard areas, designated as Zones V1-30, VE, or V (with BFE). These areas have special flood hazards associated with wave wash, therefore, t The following provisions shall apply: (1) Meet the standards of Section 8-24, and Section 8-31 and Section 8-32 (except g). 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 piles or columns) is located no lower 20 than the two and one-half feet above the base flood elevation level, whether or not the structure contains a basement. with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action in accordance with section 8-32 (e) (8). (3) All new construction buildings or structures and substantial improvements in Zones V1-30, VE, and V (with BFE) shall be securely anchored on pilings or columns. (4) The All pilings and or columns foundation and the attached structures shall be anchored to resist flotation, collapse, and lateral movement 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 100-year mean recurrence interval (one percent annual chance flood). Wind loading values will be those required by the applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. (5) For all buildings located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the 100-year flood elevation established by the Florida Department of Environmental protection or the base flood elevation plus two and one-half feet, whichever is the higher. All non-elevation design requirements of this section shall apply. (6) A registered professional engineer or architect shall certify develop or review that the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in compliance accordance with accepted standards of practice for meeting with the provisions contained in section 8-32(e)(2), (3) and (4) of this chaptersection. (7) The elevation (in relationship to mean sea level) must be obtained of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information. (8) All new construction and substantial improvements shall be located landward of the reach of the mean high tide. (9) There shall be no fill used as structural support. Noncompacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, thereby rendering the building free of obstruction, prior to generating excessive loading forces, ramping effects, or wave deflection. The Floodplain Administrator 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 demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural compaction; 21 b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and c. Slope of fill will not cause wave run-up or ramping. (10) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in costal high hazard areas, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood nor cause any adverse impacts to the structure on site or other properties by wave ramping or deflection. (11) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (12) All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, L lattice work or decorative insect screening intended to collapse under the wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the foundation or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local codes) may be permitted only if a registered engineer or architect certified that the designs proposed shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met:. a. No solid wall shall be allowed; and b. Material shall consist of lattice or mesh screening only. (13) If aesthetic lattice work or screening is utilized, sSuch enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Such space shall not be finished, partitioned into multiple rooms or temperature-controlled. (14) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of section 8-31(b), and the elevation standards of section 8-32(a) are met. Sec. 8-33. Standards for streams A-Zones without established base flood elevations and/or or regulatory floodways. Located within the areas of special flood hazard established in section 8-7, where small there exist A Zones streams exist but where no base flood data have been provided or where no floodways have been provided, the following provisions apply: 22 (a) Require standards of Section 8-32 be enforced. When base flood elevation data or floodway data have not been provided in accordance with article I, section 8-7, then the local administrator 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 III. (b) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is lesser, include within such proposals base flood elevation data. Standards set forth in Section 8-32 shall apply. In special flood hazard areas with base flood elevations (Zones AE) but without floodways, no encroachments, including fill material or structures, shall be permitted unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. (c) The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State of Florida, or any other source, in order to administer the provisions of this ordinance. When such data is utilized, provisions of Section 8-32 shall apply. The Floodplain Administrator shall: a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures. b) Obtain, if the structure has been floodproofed in accordance with the requirements of Section 8-32, the elevation in relation to the mean sea level to which the structure has been floodproofed, and c) Maintain a record of all information. In special flood hazard areas without base flood elevation and floodway data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than two (2) feet above the highest adjacent grade at the building site. (d) Notify, in Riverine situations, adjacent communities, the Florida Department of Community Affairs- NFIP Coordinating Office, and the St. Johns River Water Management District prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. A minimum finished floor elevation of one (1) foot above the crown of the road of the nearest adjacent roadway shall be maintained in all flood zones. (e) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. No equipment, including furnaces, utilities, ductwork, etc. shall be allowed below the base flood elevation plus the designated free board. (f) Manufactured homes shall be installed using methods and practices that minimize flood damage. They must be elevated and anchored to prevent floatation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to the ground anchors. 23 This requirement is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. (g) When the data is not available from any source, in accordance with standards set forth in Section 8-32, the lowest floor of the structure shall be elevated to no lower than three feet above the highest adjacent grade. Standards set forth in Section 8-32 shall apply. Sec. 8-34. Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas electrical and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty (50) lots or five (5) acres. Sec. 8-35. Standards for areas of shallow flooding (AO Zones). Located within the areas of special flood hazard established in section 8-7, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel 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 residential structures in all AO Zones 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) three (3) feet above the highest adjacent grade. (b) All new construction and substantial improvements of nonresidential structures shall: (1) 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) three (3) feet above the highest adjacent grade; or (2) Together with attendant utility and sanitary facilities be completely floodproofed no less than one foot to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 24 (3) Adequate drainage paths around structures shall be provided on slopes to guide water away from structures. (4) Fully enclosed areas below the lowest floor that are subject to flooding shall meet the non-elevation design requirements of section 8-32. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of PASSED by the City Commission on second and final reading the day of ATTEST: ____________________________ __________________________ DONNA L. BARTLE, CMC Mike BORNO City Clerk Mayor, Presiding Officer _____________________________ ALAN JENSEN, ESQUIRE City Attorney