Ordinance amending Chapter 8 - Flood Hazard (00999451xBA9D6)
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6/12/2018
ORDINANCE NO. 25-18-44
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 8 FLOOD HAZARD AREAS; AMENDING SECTION 8-9, BASIS
FOR ESTABLISHING FLOOD HAZARD AREAS; AMENDING SECTION 8-
25, APPLICATION FOR A PERMIT OR APPROVAL; AMENDING SEC TION
8-53, DESIGN AND CONSTRUCTION OF BUILDINGS; AMENDING
SECTION 8-55, MINIMUM REQUIREMENTS; AMENDING SECTION 8-56,
SUBDIVISION PLATS; AMENDING 8-57, MINIMUM REQUIREMENTS;
AMENDING 8-62, LIMITATIONS ON SITES IN COASTAL HIGH HAZARD
AREAS (ZONE V); PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the City of Atlantic Beach participates in the National Flood Insurance
Program and desires to continue to meet the requirements of Title 44 Code of Federal
Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, the Federal Emergency Management Agency has revised and reissued the
Flood Insurance Study for Duval County, Florida and Incorporated Areas, with an effective date
of November 2, 2018; and
WHEREAS, the Florida Division of Emergency Management identified corrections to
some sections of City of Atlantic Beach Code, Chapter 8 Flood Hazard Areas and the City has
determined it is in the public interest to make those corrections.
NOW, THEREFORE, BE IT ORDAINED by the City Commission on behalf of the
people of the City of Atlantic Beach, Florida:
SECTION 1. Recitals.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. Amendments .
Sections 8-9, 8-25, 8-53, 8-55, 8-56, 8-57 and 8-62 of Chapter 8, Flood Hazard Areas, of the
Code of Ordinances of the City of Atlantic Beach are hereby amended as follows:
ARTICLE I. - ADMINISTRATION
Sec. 8-9. - Basis for establishing flood hazard areas.
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The flood insurance study for Duval County, Florida and Incorporated Areas with an effective
date of November 2, 2018 June 3, 2013, and all subsequent amendments and revisions, and
the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and
revisions to such maps, are adopted by reference as a part of this chapter and shall serve as
the minimum basis for establishing flood hazard areas. Studies and maps that establish flood
hazard areas are on file at the City of Atlantic Beach Building Department 800 Seminole Road
Atlantic Beach, Florida.
Sec. 8-25. - Application for a permit or approval.
To obtain a floodplain development permit or approval the applicant shall first file an application
in writing on a form furnished by the community. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in sections 8-30
through 8-33 subdivision V of this chapter.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the floodplain administrator.
ARTICLE III. FLOOD RESISTANT DEVELOPMENT
Sec. 8-53. - Design and construction of buildings, structures and facilities exempt from the
Florida Building Code.
Pursuant to section 8-24.1 of this chapter, buildings, structures, and facilities that are exempt
from the Florida Building Code, including substantial improvement or repair of substantial
damage of such buildings, structures and facilities, shall be designed and constructed in
accordance with the flood load and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of sections 8-75 through 8-82 section 8-82 of this chapter.
Sec. 8-55. – Subdivisions; Minimum requirements.
Subdivision proposals, including without limitation, proposals for manufactured home parks and
subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
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(3) Adequate drainage is provided to reduce exposure to flood hazards and to comply with
all stormwater and impervious surface regulations contained in Chapter 24, Land
Development Regulations.; Iin zones AH and AO, adequate drainage paths shall also
be provided to guide floodwaters around and away from proposed structures.
Sec. 8-56. - Subdivision plats.
Where any portion of proposed subdivisions, including without limitation, manufactured home
parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats and final plats;
(2) Where the subdivision has more than 50 lots or is larger than five (5) acres and base
flood elevations are not included on the FIRM, the base flood elevations shall be
determined in accordance with subsection 8-31(1) of this chapter; and
(3) Compliance with the site improvement and utilities requirements of sections 8-57 8-55
through 8-62 of this chapter.
Sec. 8-57. - Site Improvements, Utilities and Limitations; Minimum requirements.
All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards and to comply with
all stormwater and impervious surface regulations contained in Chapter 24, Land
Development Regulations.; Iin zones AH and AO, adequate drainage paths shall also
be provided to guide floodwaters around and away from proposed structures.
Sec. 8-62. - Limitations on sites in coastal high hazard areas (zone V).
In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted
only if such alteration is approved by the Florida Department of Environmental Protection and
only if the engineering analysis required by subsection 8-32(4) of this chapter demonstrates that
the proposed alteration will not increase the potential for flood damage. Construction or
restoration of dunes under or around elevated buildings and structures shall comply with section
8-82(3) 8-67 of this chapter.
SECTION 3. Conflict.
All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby
repealed.
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SECTION 4. Severability.
If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be
unlawful, illegal or unenforceable, the offending provision shall be deemed severable and
removed from the remaining provisions of this Ordinance which shall remain in full force and
effect.
SECTION 5. Effective Date.
This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this _____ day of June, 2018
PASSED by the City Commission on second and final reading this ____ day of ________,
2018.
CITY OF ATLANTIC BEACH, FLORIDA
Ellen Glasser, Mayor
ATTEST:
Donna Bartle, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Brenna M. Durden, City Attorney