ENACTED 5/28/13
1
Introduced by the Council President at the request of the Mayor:
2
3
ORDINANCE 2013-310-E
4
5
AN
ORDINANCE
BY
6
AMENDING
7
REPEAL
CHAPTER
8
DAMAGE
PREVENTION);
9
652,
THE
THE
CITY
JACKSONVILLE
652,
ORDINANCE
JACKSONVILLE
ORDINANCE
ORDINANCE
TO
CODE
ADOPT
A
(FLOOD
NEW
CHAPTER
MANAGEMENT
ORDINANCE);
11
DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT
12
PROCEDURES
13
FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO
14
ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE
15
FLORIDA
16
APPLICABILITY;
REPEALER;
17
REQUESTING
CYLE
18
PROVIDING
WHEREAS,
AND
FLOOD
TO
CODE
(FLOODPLAIN
ADOPT
CODE
10
19
TO
OF
CRITERIA
BUILDING
ONE
HAZARD
FOR
CODE;
MAPS,
TO
DEVELOPMENT
PROVIDING
IN
FOR
SEVERABILITY;
EMERGENCY
PASSAGE;
AN EFFECTIVE DATE;.
pursuant
Legislature
to
166,
Florida
conferred
upon
local
Statutes,
the
governments
the
20
Florida
21
authority
22
health, safety, and general welfare of its citizenry; and
to
WHEREAS,
23
adopt
the
has
Chapter
regulations
Federal
designed
Emergency
to
promote
Management
the
public
Agency
has
24
identified special flood hazard areas within the boundaries of the
25
City of Jacksonville, and such areas may be subject to periodic
26
inundation which may result in loss of life and property, health
27
and
28
services, extraordinary public expenditures for flood protection
29
and relief, and impairment of the tax base, all of which adversely
30
affect the public health, safety and general welfare, and
safety
hazards,
disruption
of
commerce
and
governmental
1
WHEREAS,
the
City
of
Jacksonville
was
accepted
for
2
participation in the National Flood Insurance Program (NFIP) on
3
December
4
desires to continue to meet the requirements of Title 44 Code of
5
Federal
6
participation; and
1,
1977,
and
Regulations,
the
Council
Sections
of
59
and
the
City of
60,
Jacksonville
necessary
for
such
7
WHEREAS, less than two years ago, on November 8, 2011, the
8
Council of the City of Jacksonville repealed and re-enacted a new
9
Flood Damage Prevention Ordinance No. 2011-653-E in accordance with
10
direction
from
the
NFIP
and
the
11
Emergency Management (FDEM); and
state
of
Florida
Division
of
12
WHEREAS, in accordance with recent direction from the NFIP and
13
the FDEM, Chapter 652 (Flood Damage Prevention) should be repealed
14
and re-enacted again; and
15
WHEREAS, Chapter 553, Florida Statutes, was adopted by the
16
Florida
Legislature
to
provide
a
mechanism
for
the
uniform
17
adoption, updating, amendment, interpretation and enforcement of a
18
state building code, called the Florida Building Code; and
19
WHEREAS, section 553.73(5), Florida Statutes, allows adoption
20
of local administrative amendments to the Florida Building Code to
21
implement the National Flood Insurance Program; and
22
WHEREAS, the Council of the City of Jacksonville previously
23
adopted a requirement to increase the minimum elevation requirement
24
for buildings and structures in flood hazard areas and, pursuant to
25
section
26
coordinate with the Florida
553.73(5),
F.S.,
is
formatting
that
requirement
to
Building Code; and
27
WHEREAS, on May 6, 2013, the state of Florida Division of
28
Emergency Management reviewed and approved the proposed ordinance
29
language and found it in compliance
30
Floodplain Management ordinances; and
31
WHEREAS, on May 14, 2013, in accordance with its enumerated powers
- 2 -
with NFIP requirements for
1
as set forth in Section 654.142, Ordinance Code, the Subdivision
2
Standards and Policy Advisory Committee (“SSPAC”) voted approval of
3
the proposed ordinance; and
4
WHEREAS,
the
Council
of
the
City
of
Jacksonville
has
5
determined that it is in the public interest to adopt the proposed
6
floodplain
7
Florida Building Code; now therefore
management
regulations
that
are
coordinated
with
8
BE IT ORDAINED by the Council of the City of Jacksonville:
9
Section 1.
10
11
12
13
Chapter
652
repealed.
This
the
ordinance
specifically repeals and replaces Chapter 652, Ordinance Code.
Chapter 652 (Flood Damage Prevention), Ordinance Code, a copy
of which is attached hereto as Exhibit 1, is hereby repealed.
Section 2.
Chapter
652
re-enacted.
A
new
Chapter
652
14
(Floodplain Management Ordinance), Ordinance Code is created, to
15
read as follows:
16
CHAPTER 652. Floodplain Management Ordinance
17
PART 1. GENERAL
18
Sec. 652.101.
Title.
19
These regulations shall be known as the Floodplain Management
20
Ordinance of the City of Jacksonville, hereinafter referred to as
21
“this ordinance.”
22
Sec. 652.102.
23
The
Scope.
provisions
that is
of
this
26
filling,
27
installations;
28
improvement,
29
buildings,
30
Florida Building Code; placement, installation, or replacement of
31
manufactured
construction,
replacement,
structures,
homes
and
and
improvements
alteration,
repair,
manufactured
- 3 -
and
remodeling,
relocation
facilities
within
that
or
are
buildings;
any
all
hazard area, including but not limited to the subdivision of land;
site
partially
to
25
other
or
apply
development
and
within
shall
24
grading,
wholly
ordinance
flood
utility
enlargement,
demolition
exempt
from
installation
of
the
or
1
replacement
of
tanks;
placement
of
recreational
2
installation of swimming pools; and any other development.
3
Sec. 652.103.
vehicles;
Intent.
4
The purposes of this ordinance and the flood load and flood
5
resistant construction requirements of the Florida Building Code
6
are
7
health, safety, and general welfare and to minimize public and
8
private losses due to flooding through regulation of development in
9
flood hazard areas to:
10
11
12
13
14
to
establish
(a)
minimum
requirements
to
safeguard
the
public
Minimize unnecessary disruption of commerce, access and
public service during times of flooding;
(b)
Require the use of appropriate construction practices in
order to prevent or minimize future flood damage;
(c)
Manage
filling,
grading,
dredging,
mining,
paving,
15
excavation, drilling operations, storage of
16
materials, and other development which may increase flood
17
damage or erosion potential;
18
(d)
Manage
the
alteration
to
minimize
hazard
20
development on the natural and beneficial functions of the
21
floodplain;
23
24
25
26
Minimize
damage
to
public
and
private
the
areas,
watercourses,
(e)
shorelines
flood
19
22
and
of
equipment or
impact
facilities
of
and
utilities;
(f)
Help maintain a stable tax base by providing for the
sound use and development of flood hazard areas;
(g)
Minimize the need for future expenditure of public funds
27
for flood control projects and response to and recovery
28
from flood events; and
29
(h)
Meet the requirements of the National Flood Insurance
30
Program for community participation as set forth in the
31
Title 44 Code of Federal Regulations, Section 59.22.
- 4 -
1
Sec. 652.104.
Coordination with the Florida Building Code.
This ordinance is intended to be administered and enforced in
2
3
conjunction with the Florida Building Code.
Where cited, ASCE 24
4
refers to the edition of the standard that is referenced by the
5
Florida Building Code.
6
Sec. 652.105.
Warning.
7
The degree of flood protection required by this ordinance and
8
the Florida Building Code, as amended and updated from time to
9
time, the City of Jacksonville, is considered the minimum reasonable
10
for regulatory purposes and is based on scientific and engineering
11
considerations.
12
be increased by man-made or natural causes.
13
imply that land outside of mapped special flood hazard areas, or that
14
uses permitted within such flood hazard areas, will be free from
15
flooding or flood damage.
16
elevations contained in the Flood Insurance Study and shown on Flood
17
Insurance Rate Maps and the requirements of Title 44 Code of Federal
18
Regulations,
19
Emergency
20
these
21
National
22
existing use, or future use is implied or expressed by compliance
23
with this ordinance.
24
Sec. 652.106.
Larger floods can and will occur.
Sections
Management
regulations
Flood
59
and
remain
Insurance
This ordinance does not
The flood hazard areas and base flood
Agency,
to
Flood heights may
60
may
be
requiring
eligible
Program.
revised
this
for
No
by the Federal
community
to
participation
guaranty
of
revise
in
vested
the
use,
Disclaimer of Liability.
25
This ordinance shall not create liability on the part of the
26
Council of the City of Jacksonville, the City of Jacksonville or by
27
any officer or employee thereof for any flood damage that results
28
from
29
lawfully made thereunder.
reliance
this
ordinance
or
any
administrative
PART 2. APPLICABILITY
30
31
on
Sec. 652.201.
General.
- 5 -
decision
Where there is a conflict between a general requirement, and a
1
2
specific requirement, the specific requirement shall be applicable.
3
Sec. 652.202
Areas to which this ordinance applies.
This ordinance shall apply to all flood hazard areas
4
and
5
Adjusted Special Flood Hazard Areas within the City of Jacksonville
6
as established in Section 652.203 of this ordinance.
7
Sec. 652.203.
Basis for establishing flood hazard areas.
8
The Flood Insurance Study for the City of Jacksonville, Duval
9
County, Florida and Incorporated Areas, dated June 3, 2013, and the
10
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent
11
amendments and revisions to such maps, are adopted by reference as
12
a part of this ordinance and shall serve as the minimum basis for
13
establishing flood hazard areas, along with the supporting data and
14
flood hazard areas included in the Master Stormwater Management
15
Plan. Studies and maps that establish flood hazard areas are on
16
file
17
Department,
18
Jacksonville, FL
19
Sec.
20
hazard areas.
21
at
the
Edward
652.204.
To
City
of
Ball
Planning
Building,
Floor,
2nd
and
240
Development
Hogan
Street,
32202.
Submission
establish
Jacksonville,
flood
of
hazard
additional
areas
and
data
to
base
establish
flood
flood
elevations,
22
pursuant to Part 5 of this ordinance the Floodplain Administrator
23
may require submission of additional data.
24
topography prepared by a Florida licensed professional surveyor or
25
digital topography accepted by the community indicates that ground
26
elevations:
27
(a)
Where field surveyed
Are below the closest applicable base flood elevation,
28
even in areas not delineated as a special flood hazard area on
29
a FIRM, the area shall be considered as flood hazard area and
30
subject
31
applicable, the requirements of the Florida Building Code.
to
the
requirements
- 6 -
of
this
ordinance
and,
as
1
(b)
Are above the closest applicable base flood elevation,
2
the
3
unless
4
removes the area from the special flood hazard area.
5
area
shall
the
Sec. 652.205.
The
6
be
regulated
applicant
as
obtains
a
special
Letter
flood
of
Map
provisions
of
this
ordinance
shall
not
nullify any provisions of local, state or federal law.
8
Sec. 652.206.
This
area
Change
that
Other laws.
7
9
hazard
be
deemed
to
Abrogation and greater restrictions.
ordinance
supersedes
any
ordinance
in
effect
for
10
management of development in flood hazard areas. However, it is not
11
intended to repeal or abrogate any existing ordinances including
12
but not limited to land development regulations, zoning ordinances,
13
stormwater management regulations, or the Florida Building Code.
14
In the event of a conflict between this ordinance and any other
15
ordinance, the more restrictive shall govern.
16
not impair any deed restriction, covenant or easement, but any land
17
that is subject to such interests shall also be governed by this
18
ordinance.
19
Sec. 652.207. Interpretation.
20
21
This ordinance shall
In the interpretation and application of this ordinance, all
provisions shall be:
22
(a)
Considered as minimum requirements;
23
(b)
Liberally construed in favor of the governing body; and
24
(c)
Deemed
neither
to
limit
nor
repeal
any
other
powers
25
granted under state statutes.
26
PART 3. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
27
28
Sec. 652.301.
Designation.
The Chief of the Development Services Division (successor) is
29
designated
as
the
Floodplain
Administrator.
30
Administrator may delegate performance of certain duties to other
31
employees.
- 7 -
The
Floodplain
1
Sec. 652.302.
General.
The Floodplain Administrator is authorized and directed to
2
3
administer
and
4
Floodplain
Administrator
5
interpretations of this ordinance consistent with the intent and
6
purpose of this ordinance and may establish policies and procedures
7
in
8
interpretations, policies, and procedures shall not have the effect
9
of
order
to
waiving
enforce
clarify
the
shall
the
requirements
provisions
have
of
the
application
specifically
this
ordinance.
authority
of
its
provided
to
render
provisions.
in
this
The
Such
ordinance
10
without the granting of a variance pursuant to Part 7 of this
11
ordinance.
12
Sec. 652.303. Applications and permits.
13
14
15
The
Floodplain
Administrator,
in
coordination
with
other
pertinent offices of the community, shall:
(a)
Review
applications
and
plans
to
determine
whether
16
proposed new development will be located in flood hazard areas
17
or the Adjusted SFHA;
18
(b)
Review
applications
development
20
requirements of this ordinance;
(c)
Interpret
flood
hazard
modification
19
21
in
for
flood
areas
hazard
area
for
of
any
compliance
boundaries
existing
with
where
the
such
22
interpretation is necessary to determine the exact location of
23
boundaries,
24
available; the elevations published in the Flood Insurance
25
Study (profile sheets) shall be used to determine BFEs and
26
boundaries; if all or a portion of the property is shown as
27
within the mapped special flood hazard area but the Floodplain
28
Administrator determines the property may not be within the
29
flood hazard area, the Floodplain Administrator shall advise
30
the applicant of the opportunity to obtain a Letter of Map
31
Revision; the procedures in 652.504, Ord. Code, shall apply to
using
the
most
- 8 -
accurate
topographic
mapping
1
Letters of Map Revision; a person contesting the determination
2
shall have the opportunity to appeal the interpretation;
3
(d)
(e)
obtained
7
applicant;
(f)
elevation
and
flood
hazard
from
Review
other
sources
applications
to
or
shall
be
determine
developed
whether
by
an
proposed
development will be reasonably safe from flooding;
9
10
flood
Determine whether additional flood hazard data shall be
6
8
available
information;
4
5
Provide
(g)
Issue
floodplain
13
structures and facilities exempt from the
14
Code, when compliance with this ordinance is demonstrated, or
15
disapprove the same in the event of noncompliance; and
to
provide
Florida Building
to
Building
inspections for buildings and structures in flood hazard areas
19
comply with the applicable provisions of this ordinance.
21
determinations.
22
Substantial
improvement
and
plan
the
18
652.304.
applications,
are
Official
Sec.
that
comments
that
17
20
assure
and
structures
for
subject to the Florida Building Code, including buildings,
with
and
approvals
12
Coordinate
buildings
or
development
(h)
than
permits
11
16
other
development
reviews,
substantial
and
damage
For applications for building permits to improve buildings and
23
structures,
including
24
replacement,
repair,
25
rehabilitations, renovations, substantial improvements, repairs of
26
substantial damage, and any other improvement of or work on such
27
buildings
28
coordination with the Building Official, shall:
29
(a)
and
alterations,
change
structures,
the
movement,
of
enlargement,
occupancy,
Floodplain
additions,
Administrator,
in
Estimate the market value, or require the applicant to
30
obtain
an
appraisal
of
the
31
qualified independent appraiser, of the building or structure
- 9 -
market
value
prepared
by
a
1
before the start of construction of the proposed work; in the
2
case of repair, the market value of the building or structure
3
shall
4
before any repairs are made;
5
(b)
be
the
market
value
before
the
damage
occurred
and
Compare the cost to perform the improvement, the cost to
6
repair a damaged building to its pre-damaged condition, or the
7
combined costs of improvements and repairs, if applicable, to
8
the market value of the building or structure;
9
(c)
Determine
and
document
whether
the
proposed
work
10
constitutes substantial improvement or repair of substantial
11
damage;
12
permits issued for improvements as specified in the definition
13
of “substantial improvement” and for repair of flood-related
14
damage as specified in the definition of “substantial damage”;
15
and
16
(d)
the
determination
requires
evaluation
of
previous
Notify the applicant if it is determined that the work
17
constitutes substantial improvement or repair of substantial
18
damage
19
construction requirements of the
20
this ordinance is required.
and
652.305.
that
compliance
Modifications
of
the
with
the
flood
resistant
Florida Building Code
21
Sec.
strict
22
requirements of the Florida Building Code.
application
of
and
the
23
The Floodplain Administrator shall review requests submitted
24
to the Building Official that seek approval to modify the strict
25
application
26
requirements of the Florida Building Code to determine whether such
27
requests require the granting of a variance pursuant to Part 7 of
28
this ordinance.
29
Sec. 652.306.
of
the
flood
load
and
Notices and orders.
- 10 -
flood
resistant
construction
1
The Floodplain Administrator shall coordinate with appropriate
2
local agencies for the issuance of all necessary notices or orders
3
to ensure compliance with this ordinance.
4
Sec. 652.307.
5
The
Inspections.
Floodplain
Administrator
specified
6
this
required
as
7
development
that
8
including
9
Florida Building Code. The Floodplain Administrator shall inspect
buildings,
flood
11
without issuance of a permit.
12
Sec. 652.308.
14
15
areas
structures
10
13
hazard
subject
to
to
the
and
determine
of
the
inspections
not
Part
make
6
is
in
shall
Florida
facilities
if
ordinance
Building
exempt
development
is
for
Code,
from
the
undertaken
Other duties of the Floodplain Administrator.
The Floodplain Administrator shall have other duties, including
but not limited to:
(a)
Establish, in coordination with the Building Official,
16
procedures for administering and documenting determinations of
17
substantial improvement and substantial damage made pursuant
18
to Section 652.304, Ord. Code;
19
(b)
Require
that
applicants
notify
adjacent
proposing
the
a
watercourse
21
Division of Emergency Management, State Floodplain Management
22
Office, and submit copies of such notifications to the Federal
23
Emergency Management Agency (FEMA);
(c)
and
of
20
24
communities
alteration
Florida
Require applicants who submit hydrologic and hydraulic
25
engineering analyses to support permit applications to submit
26
to FEMA the data and information necessary to maintain the
27
Flood Insurance Rate Maps if the analyses propose to change
28
base
29
floodway designations; such submissions shall be made within 6
30
months of such data becoming available;
flood
elevations,
flood
- 11 -
hazard
area
boundaries,
or
1
(d)
Review required design certifications and documentation
2
of
3
Building
4
certifications and documentations are complete;
5
elevations
(e)
Code
specified
and
by
this
this
ordinance
ordinance
to
and
the
determine
Florida
that
such
Notify the Federal Emergency Management Agency when the
6
corporate boundaries of the City of Jacksonville are modified;
7
and
8
(f)
Advise
applicants
for
new
buildings
and
structures,
including substantial improvements that are located in
9
any
10
unit of the Coastal Barrier Resources System established by
11
the Coastal Barrier Resources Act (Pub. L. 97-348) and the
12
Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that
13
federal flood insurance is not available on such construction;
14
areas
15
Insurance Rate Maps as “Coastal Barrier Resource System Areas”
16
and “Otherwise Protected Areas.”
17
subject
Sec. 652.309.
of
this
limitation
are
identified
on
Flood
Floodplain management records.
Regardless
18
to
of
any
records,
the
period
maintain
21
inspection all records that are necessary for the administration of
22
this ordinance and the flood resistant construction requirements of
23
the Florida Building Code, including Flood Insurance Rate Maps;
24
Letters of Change; records of issuance of permits and denial of
25
permits;
26
substantial improvement or repair of substantial damage; required
27
design certifications and documentation of elevations specified by
28
the
29
adjacent communities, FEMA, and the state related to alterations of
30
watercourses;
31
altered watercourses will be maintained; documentation related to
determinations
Florida
Building
of
Code
assurances
and
whether
and
that
this
the
- 12 -
make
Administrator
for
20
keep
Floodplain
required
retention
permanently
the
on
19
and
public
limitation
available
proposed
ordinance;
flood
work
for
shall
public
constitutes
notifications
carrying
capacity
to
of
1
appeals
and
variances,
including
2
denial; and records of enforcement actions taken pursuant to this
3
ordinance and the flood resistant construction requirements of the
4
Florida Building Code.
5
inspection at the City of Jacksonville, Planning and Development
6
Department, Edward Ball Building, 240 Hogan Street, Jacksonville,
7
FL
for
issuance
or
These records shall be available for public
32202.
PART 4. PERMITS
8
9
justification
Sec. 652.401. Permits required.
Any
10
owner
or
who
owner’s
to
undertake
(hereinafter
“applicant”)
12
within the scope of this ordinance, including buildings, structures
13
and facilities
14
wholly within or partially within any flood hazard area shall first
15
make application to the Floodplain Administrator, and the Building
16
Official if applicable, and shall obtain the required permit(s) and
17
approval(s).
18
compliance with the requirements of this ordinance and all other
19
applicable codes and regulations has been satisfied.
20
Sec. 652.402. Floodplain development permits or approvals.
exempt from the
any
agent
11
development
development
activity
Florida Building Code,
No such permit or approval shall be
Floodplain
21
intends
authorized
permits
or
approvals
which is
issued until
shall
be
issued
22
pursuant to this ordinance for any development activities not subject
23
to
24
buildings,
25
Building
26
development that includes a building or structure, the Floodplain
27
Administrator may determine that a floodplain development permit or
28
approval is required in addition to a building permit.
29
Sec. 652.403. Buildings, structures and facilities exempt from the
30
Florida Building Code.
the
requirements
structures
Code.
of
and
the
Florida
facilities
Building
exempt
Code,
from
the
including
Florida
Depending on the nature and extent of proposed
- 13 -
1
Pursuant
to
the
requirements
of
federal
regulation
for
2
participation in the National Flood Insurance Program (44 C.F.R.
3
Sections 59 and 60), floodplain development permits or approvals
4
shall
5
facilities that are exempt from the Florida Building Code and any
6
further
7
requirements of this ordinance:
8
9
10
11
12
13
be
required
for
exemptions
(a)
the
following
provided
by
law,
buildings,
which
are
structures
subject
to
and
the
Railroads and ancillary facilities associated with the
railroad.
(b)
Nonresidential farm buildings on farms, as provided in
section 604.50, Fla.Stat.
(c)
Temporary
buildings
or
sheds
used
exclusively
for
construction purposes.
14
(d)
Mobile or modular structures used as temporary offices.
15
(e)
Those structures or facilities of electric utilities, as
16
defined
17
involved in the generation, transmission, or distribution of
18
electricity.
19
(f)
in
section
366.02,
Fla.Stat.,
which
are
directly
Chickees constructed by the Miccosukee Tribe of Indians
20
of Florida or the Seminole Tribe of Florida. As used in this
21
paragraph, the term “chickee” means an open-sided wooden hut
22
that
23
traditional
24
electrical, plumbing, or other non-wood features.
25
(g)
has
a
thatched
roof
materials,
and
of
palm
that
or
does
palmetto
not
or
other
incorporate
any
Family mausoleums not exceeding 250 square feet in area
26
which are prefabricated and assembled on site or preassembled
27
and delivered on site and have walls, roofs, and a floor
28
constructed of granite, marble, or reinforced concrete.
29
30
(h)
Temporary
housing
provided
by
the
Department
of
Corrections to any prisoner in the state correctional system.
- 14 -
1
(i)
Structures
identified
in
section
553.73(10)(k),
2
Fla.Stat., are not exempt from the Florida Building Code if
3
such structures are located in flood hazard areas established
4
on Flood Insurance Rate Maps
5
6
Sec. 652.404.
To
obtain
Application for a permit or approval.
a
floodplain
development
permit
or
approval
the
7
applicant shall first file an application in writing on a form
8
furnished by the community. The information provided shall:
9
10
11
(a)
Identify and describe the development to be covered by
the permit or approval.
(b)
Describe the land on which the proposed development is to
12
be conducted by legal description, street address or similar
13
description that will readily identify and definitively locate
14
the site.
15
16
17
18
(c)
Indicate the use and occupancy for which the proposed
development is intended.
(d)
Be accompanied by a site plan or construction documents
as specified in Part 5 of this ordinance.
19
(e)
State the valuation of the proposed work.
20
(f)
Be signed by the applicant or the applicant's authorized
21
22
23
24
agent.
(g)
Give such other data and information as required by the
Floodplain Administrator.
Sec. 652.405. Validity of permit or approval.
25
The issuance of a floodplain development permit or approval
26
pursuant to this ordinance shall not be construed to be a permit
27
for, or approval of, any violation of this ordinance, the Florida
28
Building
29
issuance of permits based on submitted applications, construction
30
documents,
31
Administrator
Codes,
and
or
any
other
information
from
ordinance
shall
requiring
the
- 15 -
not
of
this
prevent
correction
community.
the
of
The
Floodplain
errors
and
1
omissions.
2
Sec. 652.406.
A
3
Expiration.
floodplain
development
permit
or
approval
shall
become
4
invalid unless the work authorized by such permit is commenced
5
within 180 days after its issuance, or if the work authorized is
6
suspended or abandoned for a period of 180 days after the work
7
commences. Extensions for periods of not more than 180 days each
8
shall
9
demonstrated.
10
Sec. 652.407.
Suspension or revocation.
11
The
Administrator
be
requested
in
Floodplain
writing
and
justifiable
is
cause
authorized
to
shall
be
suspend
or
12
revoke a floodplain development permit or approval if the permit
13
was
14
incomplete information, or in violation of this ordinance or any
15
other ordinance, regulation or requirement of this community.
16
Sec. 652.408. Other permits required.
issued
in
error,
on
the
basis
of
incorrect,
inaccurate
or
17
Floodplain development permits and building permits shall include
18
a condition that all other applicable state or federal permits be
19
obtained
20
including but not limited to the following:
21
22
23
(a)
before
commencement
of
the
permitted
development,
The St. Johns Water Management District; section 373.036,
Fla.Stat.
(b)
Florida Department of Health for onsite sewage treatment
24
and disposal systems; section 381.0065, F.S. and Chapter 64E-
25
6, F.A.C.
26
(c)
Florida
Department
of
Environmental
Protection
for
27
construction, reconstruction, changes, or physical activities
28
for
29
coastal construction control line; section 161.141, Fla.Stat.
shore
protection
or
other
- 16 -
activities
seaward
of
the
1
(d)
Florida
Department
2
activities
3
161.055, Fla.Stat.
4
(e)
subject
Florida
to
of
the
Department
Environmental
Joint
of
Coastal
Protection
Permit;
Environmental
for
section
Protection
for
5
activities that affect wetlands and alter surface water flows,
6
in conjunction with the U.S. Army Corps of Engineers; Section
7
404 of the Clean Water Act.
8
(f)
PART 5. SITE PLANS AND CONSTRUCTION DOCUMENTS
9
10
Federal permits and approvals.
Sec. 652.501. Information for development in flood hazard areas.
11
The site plan or construction documents for any development
12
subject to the requirements of this ordinance shall be drawn to
13
scale and shall include, as applicable to the proposed development:
14
(a)
Delineation
of
flood
hazard
and
flood
Adjusted
floodway
16
elevation(s), and ground elevations if necessary for review of
17
the proposed development; if the proposed development will
18
cause
19
grading,
20
development
21
excavation
22
require the applicant to submit and obtain approval from FEMA
23
of a Conditional Letter of Map Revision.
24
(b)
reconfiguration
filling,
of
of
a
a
of
the
channel
the
flood
hazard
alteration
stormwater
lake,
zone(s),
SFHAs,
15
a
boundaries
areas,
management
Floodplain
or
base
flood
area
due
to
relocation,
system,
or
Administrator
the
shall
Where base flood elevations, or floodway data are not
25
included on the FIRM or in the Flood Insurance Study, they
26
shall be established in accordance with Section 652.502(2) or
27
(3), Ord. Code.
28
(c)
Where the parcel on which the proposed development will
29
take place will have more than 50 lots or is larger than 5
30
acres and the base flood elevations are not included on the
- 17 -
1
FIRM or in the Flood Insurance Study, such elevations shall be
2
established in accordance with Section 652.502(a), Ord. Code.
3
(d)
Location
of
proposed
of
and
existing
proposed
structures,
5
structures; in coastal high hazard areas, new buildings shall
6
be located landward of the reach of mean high tide.
(e)
locations
activity
4
7
and
the
buildings
and
Evidence that the interior portion of an enclosed area
8
below
9
partitioned, is not temperature-controlled, and access to the
10
enclosed area is the minimum necessary to allow for access as
11
applicable:
12
(standard exterior door, stairway or elevator),
access for
13
parking
storage
14
maintenance equipment used in connection with the premises
15
(standard exterior door).
16
fault
17
area.
18
(f)
the
lowest
floor
crawlspace
(garage
interrupt
door),
breaker
of
elevated
access,
and
buildings
access
access
for
to
the
limited
is
not
premises
of
One circuit connected to a groundmay
be
installed
in
such
enclosed
For new construction and substantial improvements, owners
19
shall execute and record a Declaration of Land Restriction
20
(Nonconversion
Agreement)
for
21
includes
enclosures
below
22
crawl/underfloor
23
height,
24
elevated
25
(footprint), (4) attached garages; and (5) nonresidential farm
26
buildings on farms.
27
finish or otherwise convert such areas to uses other than
28
approved uses and shall provide the City the right to inspect
29
the areas during normal business hours with 24 hours notice.
30
The agreement shall be recorded in the land records and shall
31
state that the owner accepts and declares that the covenants,
(1)
(3)
and
spaces
detached
are
that
are
accessory
larger
proposed
than
development
elevated
more
than
structures
300
square
that
buildings,
four
(2)
feet
that
are
feet
in
in
not
area
The owner shall agree to not improve,
- 18 -
1
conditions,
2
agreement are placed on the affected property as a condition
3
of granting the permit, and affects rights and obligations of
4
the
5
personal representatives, successors, and assigns.
(g)
6
owner
and
and
restrictions
shall
be
stated
binding
on
in
the
the
nonconversion
owner,
his
heirs,
For any nonresidential building proposed to be dry
7
floodproofed in accordance with the Florida Building Code,
8
Building, operational and maintenance plans, as specified by
9
ASCE 24 that addresses implementation of the dry floodproofing
measures and inspection and maintenance of those measures.
10
(h)
11
Location, extent, amount, and proposed final grades of
any filling, grading, or excavation.
12
(i)
13
Where the
placement of fill
is proposed, the
amount,
14
type, and source of fill material; compaction specifications;
15
a description of the intended purpose of the fill areas; and
16
evidence
17
necessary to achieve the intended purpose.
(j)
18
that
the
proposed
fill
areas
are
the
minimum
Delineation of the Coastal Construction Control Line or
19
notation that the site is seaward of the coastal construction
20
control line, if applicable.
(k)
21
Extent
of
any
proposed
alteration
of
sand
dunes
or
22
mangrove stands, provided such alteration is approved by the
23
Florida Department of Environmental Protection.
(l)
24
Existing
and
proposed
alignment
of
any
proposed
alteration of a watercourse.
25
26
The Floodplain Administrator is authorized to waive the submission
27
of site plans, construction documents, and other data that are
28
required by this ordinance but that are not required to be prepared
29
by a registered design professional if it is found that the nature
30
of
31
submissions
the
proposed
is
development
not
necessary
is
such
to
ascertain
- 19 -
that
the
review
compliance
of
such
with
this
1
ordinance.
2
Sec. 652.502. Information in flood hazard areas without base flood
3
elevations (approximate Zone A).
4
Where flood hazard areas are delineated on the FIRM and base
5
flood
6
Administrator shall:
7
elevation
(a)
data
have
data
9
engineering practices.
(b)
been
provided,
the
Floodplain
Require the applicant to include base flood elevation
8
10
not
prepared
Obtain,
in
review,
accordance
with
and
to
provide
currently
applicants
accepted
base
flood
11
elevation and floodway data available from a federal or state
12
agency or other source or require the applicant to obtain and
13
use base flood elevation and floodway data available from a
14
federal or state agency or other source.
15
(c)
Where base
flood elevation
and floodway
data
are
not
16
available from another source, where the available data are
17
deemed
18
reflect flooding conditions, or where the available data are
19
known
20
otherwise inadequate:
by
to
(1)
21
the
be
Floodplain
Administrator
scientifically
Require
the
or
applicant
to
not
technically
to
include
reasonably
incorrect
base
or
flood
22
elevation data prepared in accordance with currently
23
accepted engineering practices; or
(2)
24
Specify that the base flood elevation is the higher
25
of three (3) feet above the highest adjacent grade
26
plus one foot at the location of the development, 18
27
inches above the higher crown of an adjacent road, or
28
three (3) feet above the highest known flood level.
29
(d)
Where the base flood elevation data are to be used to
30
support a Letter of Map Change from FEMA, advise the applicant
31
that the analyses shall be prepared by a Florida licensed
- 20 -
1
engineer in a format required by FEMA, and that it shall be
2
the responsibility of the applicant to satisfy the submittal
3
requirements and pay the processing fees.
4
Sec. 652.503. Additional analyses and certifications.
5
As
applicable
to
the
location
and
nature
of
the
proposed
6
development activity, and in addition to the requirements of this
7
section, the applicant shall have the following analyses signed and
8
sealed by a Florida licensed engineer for submission with the site
9
plan and construction documents:
10
(a)
For development activities proposed to be located in a
11
regulatory
12
demonstrates that the encroachment of the proposed development
13
will not cause any increase in base flood elevations; where
14
the
15
that do increase base flood elevations, the applicant shall
16
submit such analysis to FEMA as specified in Section 652.504
17
of this ordinance and shall submit the Conditional Letter of
18
Map
19
construction documents.
20
floodway,
applicant
Revision,
(b)
a
floodway
proposes
if
to
issued
encroachment
undertake
by
FEMA,
analysis
development
with
the
site
that
activities
plan
and
For development activities proposed to be located in a
21
riverine flood hazard area for which base flood elevations are
22
included in the Flood Insurance Study or on the FIRM and
23
floodways have not been designated, hydrologic and hydraulic
24
analyses that demonstrate that the cumulative effect of the
25
proposed development, when combined with all other existing
26
and
27
increase the base flood elevation more than one (1) foot at
28
any point within the community.
29
apply
30
riverine flood hazard area or in flood hazard areas identified
31
as Zone AO or Zone AH.
anticipated
in
flood
isolated
hazard
flood
area
hazard
- 21 -
encroachments,
will
not
This requirement does not
areas
not
connected
to
a
(c)
1
For alteration of a watercourse, an engineering analysis
2
prepared
3
which demonstrates that the flood-carrying capacity of the
4
altered or relocated portion of the watercourse will not be
5
decreased,
6
shall be maintained in a manner which preserves the channel's
7
flood-carrying
8
analysis to FEMA as specified in Section 652.504, Ord. Code.
(d)
9
in
For
accordance
and
with
standard
certification
capacity;
activities
that
the
that
engineering
the
altered
applicant
propose
to
shall
alter
practices
watercourse
submit
sand
the
dunes
or
10
mangrove stands in coastal high hazard areas (Zone V), an
11
engineering
12
alteration will not increase the potential for flood damage.
13
analysis
that
demonstrates
that
the
proposed
652.504. Submission of additional data and contingent approvals.
14
(a) When additional hydrologic, hydraulic or other engineering
15
data, studies, and additional analyses are submitted to support an
16
application, the applicant has the right to seek a Letter of Map
17
Change
18
floodway boundaries, or change boundaries of flood hazard areas
19
shown on FIRMs, and to submit such data to FEMA for such purposes.
20
The analyses shall be prepared by a Florida licensed engineer in a
21
format required by FEMA. Submittal requirements and processing fees
22
shall be the responsibility of the applicant. The applicant shall
23
diligently pursue approval of the Letter of Map Change.
from
FEMA
to
change
the
base
flood
elevations,
change
24
(b) Final acceptance of subdivision improvements shall not
25
occur, final construction plans for development in floodways shall
26
not be approved, and Certificates of Occupancy shall not be issued
27
until such time as FEMA has issued a Letter of Map Change, except
28
in the case of Conditional Letters of Map Revision issued by FEMA,
29
in
30
Certificates of Occupancy shall not be issued until such time as
31
the
which
case
permittee
final
acceptance
submits
to
FEMA
of
the
- 22 -
subdivision
as-built
improvements
documentation
and
and
1
obtained a Letter of Map Revision.
(c)
2
Except
for
development
in
a
floodway,
the
Floodplain
3
Administrator may grant an extension or extension for the time
4
frame for obtaining a Letter of Map Change where the applicant
5
demonstrates that such letters have been diligently pursued but not
6
obtained due to circumstances beyond the control of the applicant.
7
(d) In the event the applicant fails to obtain the Conditional
8
Letter of Map Revision or final Letter of Map Revision within the
9
extended
time
frame(s),
any
future
then
the
for
Administrator
building
permits
may
10
disapprove
11
subdivision development or revoke a Certificate of Occupancy until
12
such time as the Conditional Letter of Map Revision or the Letter
13
of Map Revision is obtained.
for
PART 6. INSPECTIONS
14
15
applications
Floodplain
Sec. 652.601.
General.
Development
16
for
which
a
floodplain
development
17
approval is required shall be subject to inspection.
18
Sec. 652.602.
permit
or
Development other than buildings and structures.
19
The Floodplain Administrator shall inspect all development to
20
determine compliance with the requirements of this ordinance and
21
the
22
approvals.
23
Sec. 652.603.
24
the Florida Building Code.
conditions
The
25
of
issued
floodplain
development
permits
or
Buildings, structures and facilities exempt from
Floodplain
Administrator
shall
inspect
buildings,
26
structures and facilities exempt from the Florida Building Code to
27
determine compliance with the requirements of this ordinance and
28
the
29
approvals.
30
Sec. 652.604.
31
the Florida Building Code, lowest floor inspection.
conditions
of
issued
floodplain
development
permits
or
Buildings, structures and facilities exempt from
- 23 -
1
Upon placement of the lowest floor, including basement, and
2
prior to further vertical construction, the owner of a building,
3
structure or facility exempt from the Florida Building Code, or the
4
owner’s
5
Administrator:
6
(a)
authorized
agent,
shall
submit
to
the
Floodplain
If a design flood elevation was used to determine the
7
required elevation of the lowest floor, the certification of
8
elevation of the lowest floor prepared and sealed by a Florida
9
licensed professional surveyor; or
10
(b)
If the elevation used to determine the required elevation
11
of the lowest floor was determined in accordance with Section
12
652.502(c)(2), Ord. Code, the documentation of height of the
13
lowest floor above highest adjacent grade, prepared by the
14
owner or the owner’s authorized agent.
15
Sec. 652.605.
16
the Florida Building Code, final inspection.
As
17
part
Buildings, structures and facilities exempt from
of
the
final
inspection,
the
owner
or
owner’s
18
authorized agent shall submit to the Floodplain Administrator a
19
final
20
documentation of the height of the lowest floor above the highest
21
adjacent
22
prepared as specified in Section 652.604, Ord. Code.
23
Sec. 652.606.
certification
grade;
such
of
elevation
of
certifications
the
and
lowest
floor
documentations
or
final
shall
be
Certificate of Occupancy.
24
Prior to the final inspection and issuance of the Certificate
25
of Occupancy for new construction or substantial improvement in
26
coastal
27
permittee shall submit a signed, sealed certificate, separate from
28
the submitted plans, from a registered professional engineer or
29
architect, certifying that the building has been constructed in
30
compliance with the requirements of the Florida Building Code.
31
Certificate
high
hazard
of
areas
Occupancy
(Zone
will
V)
not
- 24 -
and
be
Adjusted
issued
SFHAs,
until
the
A
this
1
certification
has
2
Administrator.
3
Sec. 652.607.
been
received
and
accepted
by
the
Floodplain
Manufactured homes.
4
The Floodplain Administrator shall inspect manufactured homes
5
that are installed or replaced in flood hazard areas to determine
6
compliance
7
conditions of the issued permit. Upon placement of a manufactured
8
home, certification of the elevation of the lowest floor shall be
9
submitted to the Floodplain Administrator.
with
the
requirements
of
this
ordinance
and
the
PART 7. VARIANCES AND APPEALS
10
11
Sec. 652.701.
12
The
General.
Subdivision
shall
Standards
and
requests
15
ordinance.
16
shall hear and decide on requests for appeals and requests for
17
variances
18
construction
19
section does not apply to Section 3109 of the Florida Building
20
Code, Building.
21
Sec. 652.702.
Pursuant
from
the
to
the
section
strict
requirements
of
requests
strict
the
Fla.Stat.,
of
Florida
appeals
application
553.73(5),
application
for
Committee
14
from
on
Advisory
(“SSPAC”)
variances
decide
and
13
for
hear
Policy
the
flood
Building
of
the
and
this
SSPAC
resistant
Code.
This
Appeals.
22
The SSPAC shall hear and decide appeals when it is alleged
23
there is an error in any requirement, decision, or determination
24
made
25
enforcement of this ordinance. Any person aggrieved by the decision
26
of SSPAC may appeal such decision to the Circuit Court, as provided
27
by Florida Statutes.
28
Sec. 652.703.
29
by
the
Floodplain
Administrator
in
the
administration
and
Limitations on authority to grant variances.
The SSPAC shall base its decisions on variances on technical
30
justifications
submitted
by
applicants,
31
issuance in Section 652.707, Ord. Code, the conditions of issuance
- 25 -
the
considerations
for
1
set
forth
in
Section
652.708,
Ord.
Code,
and
the
comments
and
2
recommendations of the Floodplain Administrator and the Building
3
Official.
4
deems necessary to further the purposes and objectives of this
5
ordinance.
6
Sec. 652.704.
The SSPAC has the right to attach such conditions as it
Restrictions in floodways.
7
A variance shall not be issued for any proposed development in
8
a floodway if any increase in base flood elevations would result,
9
as evidenced by the applicable analyses and certifications required
10
in Section 652.503, Ord. Code.
11
Sec. 652.705.
Historic buildings.
12
A
variance
13
improvement,
14
determined
15
construction requirements of the Florida Building Code, Existing
16
Building, Chapter 11 Historic Buildings,
upon a determination that
17
the
rehabilitation
18
preclude
19
building and the variance is the minimum necessary to preserve the
20
historic character and design of the building. If the proposed work
21
precludes
22
building, a variance shall not be granted and the building and any
23
repair, improvement, and rehabilitation shall be subject to the
24
requirements of the Florida Building Code.
25
Sec. 652.706.
or
is
rehabilitation
eligible
proposed
the
the
authorized
for
repair,
the
to
of
continued
building’s
a
continued
issued
historic
exception
improvement,
building’s
be
or
to
for
the
repair,
building
the
flood
designation
as
designation
as
that
is
resistant
will
a
a
not
historic
historic
Functionally dependent uses.
26
A variance is authorized to be issued for the construction or
27
substantial improvement necessary for the conduct of a functionally
28
dependent use, as defined in this ordinance, provided the variance
29
meets
30
minimum
31
consideration has been given to use of methods and materials that
the
requirements
necessary
of
Section
considering
the
- 26 -
652.704,
flood
Ord.
hazard,
Code,
and
is
the
all
due
1
minimize flood damage during occurrence of the base flood.
2
Sec. 652.707. Considerations for issuance of variances.
3
In reviewing requests for variances, the SSPAC shall consider all
4
technical evaluations, all relevant factors, all other applicable
5
provisions of the Florida Building Code, this ordinance, and the
6
following:
7
8
9
10
11
(a)
The danger that materials and debris may be swept onto
other lands resulting in further injury or damage;
(b)
The
danger
to
life
and
property
due
to
flooding
or
erosion damage;
(c)
The susceptibility of the proposed development, including
12
contents, to flood damage and the effect of such damage on
13
current and future owners;
14
15
16
(d)
The importance of the services provided by the proposed
development to the community;
(e)
The availability of alternate locations for the proposed
17
development that are subject to lower risk of flooding or
18
erosion;
19
20
21
(f)
The
compatibility
of
the
proposed
development
with
existing and anticipated development;
(g)
The
relationship
of
the
proposed
development
to
the
22
comprehensive plan and floodplain management program for the
23
area;
24
25
26
(h)
The safety of access to the property in times of flooding
for ordinary and emergency vehicles;
(i)
The expected heights, velocity, duration, rate of rise
27
and debris and sediment transport of the floodwaters and the
28
effects of wave action, if applicable, expected at the site;
29
and
30
31
(j)
The costs of providing governmental services during and
after flood conditions including maintenance and repair of
- 27 -
1
public utilities and facilities such as sewer, gas, electrical
2
and water systems, streets and bridges.
3
Sec. 652.708.
Conditions for issuance of variances.
4
Variances shall be issued only upon:
5
(a)
Submission by the applicant, of a showing of good and
6
sufficient cause that the unique characteristics of the size,
7
configuration, or topography of the site limit compliance with
8
any
9
standards;
10
(b)
provision
this
ordinance
or
the
required
elevation
Determination by the SSPAC that:
(1)
11
of
Failure
to
grant
the
variance
would
result
in
12
exceptional hardship due to the physical characteristics
13
of the land that render the lot undevelopable; increased
14
costs to satisfy the requirements or inconvenience do not
15
constitute hardship;
(2)
16
The
granting
a
variance
19
nuisances, cause fraud on or victimization of the public
20
or conflict with existing local laws and ordinances; and
nor
public
create
The variance is the minimum necessary, considering
the flood hazard, to afford relief;
22
23
expense,
to
in
safety,
public
threats
result
18
extraordinary
additional
not
increased
(3)
heights,
will
17
21
flood
of
(c)
Receipt of a signed statement by the applicant that the
24
variance, if granted, shall be recorded in the Office of the
25
Clerk of the Court in such a manner that it appears in the
26
chain of title of the affected parcel of land; and
27
(d)
If the request is for a variance to allow construction of
28
the lowest floor of a new building, or substantial improvement
29
of a building, below the required elevation, a copy in the
30
record of a written notice from the Floodplain Administrator
31
to the applicant for the variance, specifying the difference
- 28 -
1
between the base flood elevation and the proposed elevation of
2
the
3
insurance
4
resulting from the reduced floor elevation (up to amounts as
5
high as $25 for $100 of insurance coverage), and stating that
6
construction below the base flood elevation increases risks to
7
life and property.
lowest
floor,
will
stating
be
10
the
commensurate
cost
with
of
the
federal
flood
increased
risk
PART 8. VIOLATIONS
8
9
that
Sec. 652.801.
Violations.
Any development that is not within the scope of the Florida
11
Building
Code
but
12
performed without an issued permit, that is in conflict with an
13
issued permit, or that does not fully comply with this ordinance,
14
shall be deemed a violation of this ordinance.
A building or
15
structure
of
16
floor, other required design certifications, or other evidence of
17
compliance required by this ordinance or the Florida Building Code
18
is presumed to be a violation until such time as that documentation
19
is provided.
20
Sec. 652.802.
without
that
the
is
regulated
documentation
by
of
this
ordinance
elevation
the
that
is
lowest
Authority.
21
For development that is not within the scope of the Florida
22
Building Code but that is regulated by this ordinance and that is
23
determined
24
authorized to serve notices of violation or stop work orders to
25
owners of the property involved, to the owner’s agent, or to the
26
person or persons performing the work.
27
Sec. 652.803.
28
Any
to
be
person
a
violation,
the
Floodplain
Administrator
is
Unlawful continuance.
who
shall
continue
any
work
after
having
been
29
served with a notice of violation or a stop work order, except such
30
work as that person is directed to perform to remove or remedy a
- 29 -
1
violation or unsafe condition, shall be subject to penalties as
2
prescribed by law.
3
PART 9. DEFINITIONS
4
SECTION 652.900 GENERAL
5
Sec. 652.901.
Scope.
6
Unless otherwise expressly stated, the following words and
7
terms shall, for the purposes of this ordinance, have the meanings
8
shown in this section.
9
Sec. 652.902.
Terms defined in the Florida Building Code.
10
Where terms are not defined in this ordinance and are defined
11
in the Florida Building Code, such terms shall have the meanings
12
ascribed to them in that code.
13
Sec. 652.903.
Terms not defined.
14
Where terms are not defined in this ordinance or the Florida
15
Building Code, such terms shall have ordinarily accepted meanings
16
such as the context implies.
SECTION 652.904 DEFINITIONS
17
18
Alteration
of
a
watercourse.
A
dam,
impoundment,
channel
19
relocation, change in channel alignment, channelization, or change
20
in cross-sectional area of the channel or the channel capacity, or
21
any other form of modification which may alter, impede, retard or
22
change the direction and/or velocity of the riverine flow of water
23
during conditions of the base flood.
24
Adjusted
Special
Flood
Hazard
Area
(Adjusted
SFHA).
Land
25
located within the Scale Distance of the boundary between Coastal
26
High Hazard Areas (Zone V) and other flood hazard areas (Zone A).
27
Appeal.
A
request
for
a
review
of
the
Floodplain
28
Administrator’s interpretation of any provision of this ordinance
29
or a request for a variance.
30
31
ASCE
24.
A
standard
titled
Flood
Resistant
Design
Construction that is referenced by the Florida Building Code.
- 30 -
and
ASCE
1
24 is developed and published by the American Society of Civil
2
Engineers, Reston, VA.
Base
3
flood.
A
flood
having
a
1-percent
chance
of
being
4
equaled or exceeded in any given year. Also defined in FBC, B,
5
Section
6
"100-year flood" or the “1-percent-annual chance flood.”
1612.2.
Base
7
The
flood
base
flood is
elevation.
The
commonly
elevation
referred
of
the
to
base
as
the
flood,
8
including wave height, relative to the National Geodetic Vertical
9
Datum (NGVD), North American Vertical Datum (NAVD) or other datum
10
specified on the Flood Insurance Rate Map (FIRM).
11
FBC, B, Section 1612.2.
Basement.
12
The portion of a building having its floor subgrade
13
(below ground level) on all sides.
14
1612.2.
Also defined in FBC, B, Section
Coastal construction control line.
15
[Also defined in
The line established by
16
the State of Florida pursuant to section 161.053, Fla.Stat., and
17
recorded in the official records of the community, which defines
18
that
19
fluctuations based on a 100-year storm surge, storm waves or other
20
predictable weather conditions.
portion
Coastal
21
of
high
the
beach-dune
hazard
area.
system
A
subject
special
flood
to
severe
hazard
area
22
extending from offshore to the inland limit of a primary frontal
23
dune
24
velocity wave action from storms or seismic sources.
25
hazard areas are also referred to as “high hazard areas subject to
26
high velocity wave action” or “V Zones” and are designated on Flood
27
Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.
28
along
Design
an
open
flood.
The
coast
flood
and
any
other
associated
area
with
29
following two areas:
30
or greater chance of flooding in any year; or
the
subject
to
high
Coastal high
greater
of
the
Area with a floodplain subject to a 1-percent
- 31 -
(1)
1
Area designated as a flood hazard area on the community’s
flood hazard map, or otherwise legally designated.
2
Design flood elevation.
3
4
including
5
community’s
6
designated as Zone AO, the design flood elevation shall be the
7
elevation of the highest existing grade of the building’s perimeter
8
plus the depth number (in feet) specified on the flood hazard map.
9
In
areas
wave
height,
The elevation of the “design flood,”
legally
relative
designated
designated
as
Zone
to
the
flood
AO
datum
hazard
where
the
specified
map.
depth
on
In
number
the
areas
is
not
10
specified on the map, the depth number shall be taken as being
11
equal to 2 feet.
Development.
12
estate,
Any man-made change to improved or unimproved
13
real
14
structures,
tanks,
15
storage
equipment
16
grading, paving, excavations, drilling operations or any other land
17
disturbing activities.
of
including
Encroachment.
18
but
not
temporary
or
limited
structures,
materials,
to,
buildings
temporary
mining,
or
dredging,
or
other
permanent
filling,
The placement of fill, excavation, buildings,
19
permanent structures or other development into a flood hazard area
20
which
21
hazard areas.
may
impede
or
alter
the
flow
capacity
of
riverine
flood
22
Existing building and existing structure. Any buildings and
23
structures for which the “start of construction” commenced before
24
June 10, 1975.
25
Existing
manufactured
home
park
or
subdivision.
A
26
manufactured home park or subdivision for which the construction of
27
facilities for servicing the lots on which the manufactured homes
28
are to be affixed (including, at a minimum, the installation of
29
utilities,
30
grading or the pouring of concrete pads) is completed before June
31
10, 1975.
the
construction
of
streets,
- 32 -
and
either
final
site
1
Expansion
to
an
manufactured
construction of facilities for servicing the lots on which the
4
manufactured homes are to be affixed (including the installation of
5
utilities,
6
grading or the pouring of concrete pads).
Federal
Emergency
Management
11
A
carrying
general
and
sites
either
out
The
other
temporary
by
final
(FEMA).
administers the National Flood Insurance Program.
flooding.
to
Agency
9
or
addition
and
agency
Flood
in
streets,
8
10
that,
of
additional
or
3
construction
of
park
subdivision.
the
preparation
home
2
7
The
existing
the
site
federal
functions,
condition
of
partial or complete inundation of normally dry land from:
12
(a)
The overflow of inland or tidal waters.
13
(b)
The unusual and rapid accumulation or runoff of surface
14
15
waters from any source.
Flood
damage-resistant
of
materials.
withstanding
17
floodwaters without sustaining any damage that requires more than
18
cosmetic repair.
20
(a)
21
22
prolonged
material
capable
Flood hazard area.
and
construction
16
19
direct
Any
contact
with
The greater of the following two areas:
The area within a floodplain subject to a 1-percent or
greater chance of flooding in any year.
(b)
The
area
designated
as
a
flood
hazard
area
on
the
23
community’s flood hazard map, or otherwise legally designated.
24
Flood Insurance Rate Map (FIRM).
on
which
the
Federal
The official map of the
25
community
Emergency
Management
Agency
has
26
delineated both special flood hazard areas and the risk premium
27
zones applicable to the community.
28
Flood Insurance Study (FIS).
The official report provided by
29
the Federal Emergency Management Agency that contains the Flood
30
Insurance
31
applicable), the water surface elevations of the base flood, and
Rate
Map,
the
Flood
Boundary
- 33 -
and
Floodway
Map
(if
1
supporting technical data.
Floodplain Administrator.
2
3
and
charged
4
ordinance.
with
Floodplain
5
the
The office or position designated
administration
development
permit
and
or
enforcement
approval.
An
of
this
official
6
document or certificate issued by the community, or other evidence
7
of
8
specific development activities that are located in flood hazard
9
areas and that are determined to be compliant with this ordinance.
approval
or
Floodway.
10
concurrence,
The
which
channel
of
authorizes
a
river
performance
or
other
of
riverine
11
watercourse and the adjacent land areas that must be reserved in
12
order to discharge the base flood without cumulatively increasing
13
the water surface elevation more than one (1) foot.
Floodway encroachment analysis.
14
An engineering analysis of
15
the impact that a proposed encroachment into a floodway is expected
16
to have on the floodway boundaries and base flood elevations; the
17
evaluation
18
engineer using standard engineering methods and models.
shall
be
prepared
Florida Building Code.
19
Building
a
qualified
Florida
licensed
The family of codes adopted by the
20
Florida
21
Building;
22
Code, Existing Building; Florida Building Code, Mechanical; Florida
23
Building Code, Plumbing; Florida Building Code, Fuel Gas.
Florida
Commission,
by
Building
including:
Code,
Functionally dependent use.
24
A use which cannot perform its
proximity
27
facilities that are necessary for the loading and unloading of
28
cargo or passengers, and ship building and ship repair facilities;
29
the
30
manufacturing facilities.
term
does
not
is
Building
26
water,
it
Florida
Code,
intended
to
unless
Residential;
Building
25
31
purpose
Florida
including
include
Highest adjacent grade.
located
only
or
carried
docking
long-term
in
close
facilities,
port
storage
out
or
related
The highest natural elevation of the
- 34 -
1
ground surface prior to construction next to the proposed walls or
2
foundation of a structure.
3
Historic structure.
Any structure that is determined eligible
4
for the exception to the flood hazard area requirements of the
5
Florida
6
Buildings.
7
Building
Code,
Existing
Building,
Letter of Map Change (LOMC).
Chapter
11
Historic
An official determination issued
8
by FEMA that amends or revises an effective Flood Insurance Rate
9
Map or Flood Insurance Study.
of
Letters of Map Change include:
10
Letter
Map
Amendment
data
showing
11
technical
12
included in a designated special flood hazard area.
13
amends
14
establishes that a specific property, portion of a property,
15
or structure is not located in a special flood hazard area.
16
Letter of Map Revision (LOMR):
17
data that may show changes to flood zones, flood elevations,
18
special
19
delineations, and other plan metric features.
20
Letter
21
determination that a structure or parcel
22
elevated
23
therefore, no longer located within the special flood hazard
24
area.
25
must have been permitted and placed in accordance with the
26
community’s floodplain management regulations.
27
Conditional Letter of Map Revision (CLOMR):
28
and comment as to whether a proposed flood protection project
29
or other project complies with the minimum NFIP requirements
30
for such projects with respect to delineation of special flood
31
hazard areas.
the
current
flood
of
that
fill
above
was
Insurance
based
on
incorrectly
Rate
A LOMA
Map
and
A revision based on technical
boundaries
Based
the
amendment
property
Flood
area
Revision
An
a
effective
hazard
Map
by
(LOMA):
base
on
Fill
flood
and
floodway
(LOMR-F):
A
of land has been
elevation
and
is,
In order to qualify for this determination, the fill
A formal review
A CLOMR does not revise the effective Flood
- 35 -
1
Insurance Rate Map or Flood Insurance Study; upon submission
2
and approval of certified as-built documentation, a Letter of
3
Map Revision may be issued by FEMA to revise the effective
4
FIRM.
5
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any
6
motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating
7
or less which has a vehicular curb weight of 6,000 pounds or less
8
and which has a basic vehicle frontal area of 45 square feet or
9
less, which is:
10
11
12
13
14
15
(a)
Designed
primarily
for
purposes
of
transportation
of
property or is a derivation of such a vehicle, or
(b)
Designed primarily for transportation of persons and has
a capacity of more than 12 persons; or
(c)
Available with special features enabling off-street or
off-highway operation and use.
16
Lowest floor. The lowest floor of the lowest enclosed
17
area of a building or structure, including basement, but excluding
18
any unfinished or flood-resistant enclosure, other than a basement,
19
usable
20
storage provided that such enclosure is not built so as to render
21
the structure in violation of the non-elevation requirements of the
22
Florida Building Code or ASCE 24.
23
solely
for
vehicle
Manufactured home.
parking,
building
access
or
limited
A structure, transportable in one or more
24
sections, which is eight (8) feet or more in width and greater than
25
four hundred (400) square feet, and which is built on a permanent,
26
integral
27
permanent foundation when attached to the required utilities.
28
term "manufactured home" does not include a "recreational vehicle"
29
or “park trailer.”
30
31
chassis
Manufactured
and
home
is
designed
park
or
for
use
with
subdivision.
or
A
without
parcel
a
The
(or
contiguous parcels) of land divided into two or more manufactured
- 36 -
1
home lots for rent or sale.
2
Market value. The price at which a property will change hands
3
between a willing buyer and a willing seller, neither party being
4
under
5
knowledge of relevant facts.
6
refers to the market value of buildings and structures, excluding
7
the land and other improvements on the parcel.
8
established by a qualified independent appraiser, Actual Cash Value
9
(replacement cost depreciated for age and quality of construction),
10
or tax assessment value adjusted to approximate market value by a
11
factor provided by the Property Appraiser.
compulsion
to
buy
or
sell
and
both
having
reasonable
As used in this ordinance, the term
Market value may be
12
New construction. For the purposes of administration of this
13
ordinance and the flood resistant construction requirements of the
14
Florida
15
construction” commenced on or after June 10, 1975, and includes any
16
subsequent improvements to such structures.
17
Building
Code,
structures
for
which
New manufactured home park or subdivision.
the
“start
of
A manufactured
18
home park or subdivision for which the construction of facilities
19
for servicing the lots on which the manufactured homes are to be
20
affixed (including at a minimum, the installation of utilities, the
21
construction
22
pouring of concrete pads) is completed on or after June 10, 1975.
23
of
Park trailer.
streets,
and
either
final
site
grading
or
the
A transportable unit which has a body width not
24
exceeding fourteen (14) feet and which is built on a single chassis
25
and is designed to provide seasonal or temporary living quarters
26
when connected to utilities necessary for operation of installed
27
fixtures and appliances.
28
Recreational vehicle.
29
which is:
30
(a)
A vehicle, including a park trailer,
Built on a single chassis;
- 37 -
1
(b)
the largest horizontal projection;
2
3
(c)
Designed to be self-propelled or permanently towable by a
light-duty truck; and
4
5
Four hundred (400) square feet or less when measured at
(d)
Designed primarily not for use as a permanent dwelling
6
but as temporary living quarters for recreational, camping,
7
travel, or seasonal use.
8
Sand
9
dunes.
Naturally
occurring
accumulations
of
sand
in
ridges or mounds landward of the beach.
Scale Distance.
10
A distance that is 20 percent of the
11
respective scale to one inch on the FIRM.
12
Special flood hazard area. An area in the floodplain subject to a 1
13
percent or greater chance of flooding in any given year.
14
flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE,
15
A99, AH, V1-V30, VE or V.
Start
16
of
construction.
The
date
of
issuance
Special
for
new
17
construction and substantial improvements to existing structures,
18
provided the actual start of construction, repair, reconstruction,
19
rehabilitation, addition, placement, or other improvement is within
20
180
21
construction
22
construction of a building (including a manufactured home) on a
23
site, such as the pouring of slab or footings, the installation of
24
piles, the construction of columns.
days
of
the
date
means
of
the
either
issuance.
The
first
placement
the
actual
of
start
of
permanent
25
Permanent construction does not include land preparation (such
26
as clearing, grading, or filling), the installation of streets or
27
walkways,
28
foundations, the erection of temporary forms or the installation of
29
accessory
30
dwelling
31
substantial improvement, the actual “start of construction” means
excavation
buildings
units
or
for
such
not
a
as
part
basement,
footings,
garages
or
of
main
the
- 38 -
sheds
not
piers,
occupied
buildings.
For
or
as
a
1
the
2
structural
3
affects the external dimensions of the building.
4
first
alteration
part
of
Substantial
a
of
any
building,
damage.
Damage
wall,
ceiling,
whether
of
any
or
floor
not
origin
or
that
other
alteration
sustained
by
a
5
building or structure whereby the cost of restoring the building or
6
structure to its before-damaged condition would equal or exceed 50
7
percent of the market value of the building or structure before the
8
damage
9
sustained by a structure on two separate occasions during a 100-
10
year period for which the cost of repairs at the time of each such
11
flood event, on average, equals or exceeds 25 percent of the market
12
value of the structure before the damage occurred.
13
occurred.
Substantial
The
term
also
improvement.
includes
Any
flood-related
combination
of
damage
repair,
14
reconstruction, rehabilitation, addition, or other improvement of a
15
building or structure taking placed during a ten-year period, the
16
cumulative cost of which equals or exceeds 50 percent of the market
17
value of the building or structure before the improvement or repair
18
is started.
19
begins on the date of the first improvement or repair of that
20
building or structure.
21
damage,"
22
regardless of the actual repair work performed.
23
however, include either:
24
(a)
For each building or structure, the ten-year period
any
If the structure has incurred "substantial
repairs
are
considered
substantial
improvement
The term does not,
Any project for improvement of a building required to
25
correct existing health, sanitary, or safety code violations
26
identified by the building official and that are the minimum
27
necessary to assure safe living conditions.
28
(b)
Any
alteration
will
not
of
a
historic
preclude
provided
structure's
the
29
alteration
30
designation as a historic structure.
31
Variance. A grant of relief from the requirements of this
- 39 -
the
structure
continued
1
ordinance, or the flood resistant construction requirements of the
2
Florida Building Code, which permits construction in a manner that
3
would not otherwise be permitted by this ordinance or the Florida
4
Building Code.
Watercourse.
5
A
river,
creek,
stream,
channel
or
other
6
topographic feature in, on, through, or over which water flows at
7
least periodically.
8
PART 10 FLOOD RESISTANT DEVELOPMENT
9
SECTION 652.1001 BUILDINGS AND STRUCTURES
10
Sec. 652.1002. Buildings, structures and facilities in the Adjusted
11
SFHA.
12
shall comply with the requirements of the Florida Building Code and
13
this ordinance for Coastal High Hazard Areas (Zone V).
14
Sec. 652.1003.
15
and facilities exempt from the Florida Building Code.
Buildings, structures and facilities in the Adjusted SFHA
Design and construction of buildings, structures
Pursuant to Section 652.403, Ord. Code, buildings, structures,
16
17
and
facilities
that
are
18
including substantial improvement or repair of substantial damage of
19
such buildings, structures and facilities, shall be designed and
20
constructed in accordance with the flood load and flood resistant
21
construction requirements of ASCE 24. Structures exempt from the
22
Florida Building Code that are not walled and roofed buildings shall
23
comply with the requirements of Section 652-1600, Ord. Code.
24
Sec. 652.1004.
25
construction control line.
Buildings
exempt
and
from
the
structures
Florida
seaward
Building
of
the
Code,
coastal
26
If extending, in whole or in part, seaward of the coastal
27
construction control line and also located, in whole or in part, in
28
a flood hazard area:
29
(a)
Buildings
and
structures
shall
be
designed
and
30
constructed to comply with the more restrictive applicable
31
requirements of the Florida Building Code, Building Section
- 40 -
1
3109 and Section 1612 or Florida Building Code, Residential
2
Section R322.
3
(b)
Minor structures and non-habitable major structures as
4
defined in section 161.54, Fla.Stat., shall be designed and
5
constructed
6
provisions of this ordinance and ASCE 24.
to
9
10
11
12
13
with
the
intent
and
applicable
SECTION 652.1100 SUBDIVISIONS
7
8
comply
Sec. 652.1101. Minimum requirements.
Subdivision proposals, including proposals for manufactured home
parks and subdivisions, shall be reviewed to determine that:
(a)
Such proposals are consistent with the need to minimize
flood damage and will be reasonably safe from flooding;
(b)
All public utilities and facilities such as sewer, gas,
14
electric, communications, and water systems are located and
15
constructed to minimize or eliminate flood damage; and
16
(c)
Adequate drainage is provided to reduce exposure to flood
17
hazards; in Zones AH and AO, adequate drainage paths shall be
18
provided to guide floodwaters around and away from proposed
19
structures.
20
21
Sec. 652.1102.
Where
Subdivision plats.
any
portion
subdivisions,
and
subdivisions,
manufactured
23
hazard area, the following shall be required:
(a)
Delineation
25
floodway
26
elevations,
27
plats;
28
(b)
parks
proposed
22
24
home
of
of
boundaries
as
flood
and
hazard
flood
appropriate,
shall
lies
areas,
zones,
be
within
a
Adjusted
and
shown
including
design
on
flood
SFHAs,
flood
preliminary
Where the subdivision has more than 50 lots or is larger
29
than 5 acres and base flood elevations are not included on the
30
FIRM, the base flood elevations determined in accordance with
31
Section 652.502(a), Ord. Code; and
- 41 -
1
(c)
4
7
8
9
the
site
improvement
and
utilities
SECTION 652.1200 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 652.1201. Minimum requirements.
All proposed new development shall be reviewed to determine
5
6
with
requirements of Section 652.1200, Ord. Code.
2
3
Compliance
that:
(a)
Such proposals are consistent with the need to minimize
flood damage and will be reasonably safe from flooding;
(b)
All public utilities and facilities such as sewer, gas,
10
electric, communications, and water systems are located and
11
constructed to minimize or eliminate flood damage; and
12
(c)
Adequate drainage is provided to reduce exposure to flood
13
hazards; in Zones AH and AO, adequate drainage paths shall be
14
provided to guide floodwaters around and away from proposed
15
structures.
16
17
Sec. 652.1202.
Sanitary sewage facilities.
All new and replacement sanitary sewage facilities, private
18
sewage
treatment
19
collector systems), and on-site waste disposal systems shall be
20
designed
21
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24
22
Chapter 7 to minimize or eliminate infiltration of floodwaters into
23
the facilities and discharge from the facilities into flood waters,
24
and impairment of the facilities and systems.
25
Sec. 652.1203.
26
All
in
new
plants
accordance
(including
with
the
all
pumping
standards
for
stations
onsite
and
sewage
Water supply facilities.
and
replacement
water
supply
facilities
shall
be
27
designed in accordance with the water well construction standards
28
in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or
29
eliminate infiltration of floodwaters into the systems.
30
Sec. 652.1204.
31
No
Limitations on sites in regulatory floodways.
development,
including
- 42 -
but
not
limited
to
site
1
improvements,
2
regrading, shall be authorized in the regulatory floodway unless
3
the floodway encroachment analysis required in Section 652.503(a),
4
Ord.
5
disturbing activity will not result in any increase in the base
6
flood elevation.
7
Sec. 652.1205.
Code,
and
land
demonstrates
disturbing
that
the
activity
proposed
involving
development
fill
or
or
land
Limitations on placement of fill.
8
Subject to the limitations of this ordinance, fill shall be
9
designed to be stable under conditions of flooding including rapid
10
rise and rapid drawdown of floodwaters, prolonged inundation, and
11
protection against flood-related erosion and scour. In addition to
12
these requirements, if intended to support buildings and structures
13
(Zone
14
Florida Building Code.
15
Sec. 652.1206.
16
(Zone V) and in Adjusted SFHAs.
A
only), fill
shall
comply
with
the
requirements
of
the
Limitations on sites in coastal high hazard areas
17
In coastal high hazard areas and Adjusted SFHAs, alteration of
18
sand dunes and mangrove stands shall be permitted only if such
19
alteration is approved by the Florida Department of Environmental
20
Protection and only if the engineering analysis required by Section
21
652.503(4)
of
22
alteration
will
23
Construction
24
buildings
25
Ord. Code.
and
this
or
not
ordinance
increase
restoration
structures
demonstrates
the
potential
of
dunes
under
shall
comply
with
that
the
for
flood
or
around
Section
proposed
damage.
elevated
652.1608(c),
SECTION 652.1300 MANUFACTURED HOMES
26
27
Sec. 652.1301. General.
28
All manufactured homes installed in flood hazard areas shall be
29
installed by an installer that is licensed pursuant to section
30
320.8249,
31
Chapter 15C-1, F.A.C. and the requirements of this ordinance.
Fla.Stat., and
shall
comply
- 43 -
with
the
requirements
of
If
1
located
seaward
of
the
coastal
construction
control
line,
all
2
manufactured homes shall comply with the more restrictive of the
3
applicable requirements.
4
Sec. 652.1302. Foundations.
5
All new manufactured homes and replacement manufactured homes
6
installed in flood hazard areas shall be installed on permanent,
7
reinforced foundations that:
8
(a)
In flood hazard areas (Zone A) other than coastal high
9
hazard areas, are designed in accordance with the foundation
10
requirements of the Florida Building Code, Residential Section
11
R322.2 and this ordinance.
12
(b)
In coastal high hazard areas (Zone V) and Adjusted SFHAs,
13
are designed in accordance with the foundation requirements of
14
the Florida Building Code, Residential Section R322.3 and this
15
ordinance.
16
Sec. 652.1303. Anchoring.
17
All new manufactured homes and replacement manufactured homes
18
shall be installed using methods and practices which minimize flood
19
damage and shall be securely anchored to an adequately anchored
20
foundation
21
movement. Methods of anchoring include, but are not limited to, use
22
of over-the-top or frame ties to ground anchors. This anchoring
23
requirement is in addition to applicable state and local anchoring
24
requirements for wind resistance.
25
Sec. 652.1304. Elevation.
26
Manufactured
27
improved shall comply with Section 652.1304 or 652.1305, Ord. Code,
28
as applicable.
29
Sec. 652.1304. General elevation requirement.
30
Unless subject to the requirements of Section 652.1305, Ord. Code,
31
all manufactured homes that are placed, replaced, or substantially
system
homes
to
that
resist
are
flotation,
placed,
- 44 -
collapse
replaced,
or
or
lateral
substantially
1
improved on sites located: (a) outside of a manufactured home park
2
or subdivision; (b) in a new manufactured home park or subdivision;
3
(c)
4
subdivision;
or
5
subdivision
upon
6
"substantial damage" as the result of a flood, shall be elevated
7
such that the bottom of the frame is at or above the higher of the
8
base flood elevation plus one (1) foot or the elevation required,
9
as applicable to the flood hazard area, in the Florida Building
10
Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone
11
V).
12
Sec.
13
manufactured home parks and subdivisions.
in
an
expansion
(d)
652.1305.
to
in
an
existing
manufactured
home
park
or
an
existing
manufactured
home
park
or
has
incurred
which
a
Elevation
manufactured
requirement
home
for
certain
existing
14
Manufactured homes that are not subject to Section 652.1304,
15
Ord. Code, including manufactured homes that are placed, replaced,
16
or
17
manufactured
18
substantial damage as result of flooding has occurred, shall be
19
elevated such that either the:
20
substantially
(a)
home
improved
park
or
on
sites
subdivision,
located
unless
in
on
an
a
existing
site
where
Bottom of the frame of the manufactured home is at or
21
above the higher of the base flood elevation plus one (1) foot
22
or the elevation required, as applicable to the flood hazard
23
area, in the Florida Building Code, Residential Section R322.2
24
(Zone A) or Section R322.3 (Zone V); or
25
(b)
Bottom of the frame is supported by reinforced piers or
26
other foundation elements of at least equivalent strength that
27
are not less than 48 inches in height above grade.
28
Sec. 652.1306. Enclosures.
29
Enclosed areas below elevated manufactured homes shall comply
30
with the requirements of the Florida Building Code, Residential
31
Section R322 for such enclosed areas, as applicable to the flood
- 45 -
1
hazard area.
2
Sec. 652.1307. Utility equipment.
3
Utility equipment that serves manufactured homes, including
4
electric,
heating,
ventilation,
5
equipment
and
6
requirements
7
R322, as applicable to the flood hazard area.
other
of
the
plumbing,
service
facilities,
Florida
Building
and
shall
Code,
air
conditioning
comply
with
Residential
the
Section
8
SECTION 652.1400 RECREATIONAL VEHICLES AND PARK TRAILERS
9
Sec. 652.1401. Temporary placement. Recreational vehicles and park
10
trailers placed temporarily in flood hazard areas shall:
11
(a)
Be on the site for fewer than 180 consecutive days; or
12
(b)
Be fully licensed and ready for highway use, which means
13
the recreational vehicle or park model is on wheels or jacking
14
system, is attached to the site only by quick-disconnect type
15
utilities
16
attachments
17
porches.
18
and
security
such
as
devices,
additions,
and
rooms,
has
no
stairs,
permanent
decks
and
Sec. 652.1402. Permanent placement.
19
Recreational vehicles and park trailers that do not meet the
20
limitations in Section 652.1401, Ord. Code, for temporary placement
21
shall meet the requirements of Section 652.1300, Ord. Code, for
22
manufactured homes.
SECTION 652.1500 TANKS
23
24
25
Sec. 652.1501. Underground tanks.
Underground tanks in flood hazard areas shall be anchored to
26
prevent
27
hydrodynamic and hydrostatic loads during conditions of the design
28
flood,
29
empty.
30
Sec. 652.1502. Above-ground tanks, not elevated.
31
flotation,
including
collapse
the
effects
or
of
lateral
movement
buoyancy
resulting
assuming
the
from
tank
is
Above-ground tanks that do not meet the elevation requirements
- 46 -
1
2
of Section 652.1503, Ord. Code shall:
(a)
Be permitted in flood hazard areas (Zone A) other than
3
coastal high hazard areas, provided the tanks are anchored or
4
otherwise
5
collapse or lateral movement resulting from hydrodynamic and
6
hydrostatic
7
including the effects of buoyancy assuming the tank is empty
8
and the effects of flood-borne debris.
9
(b)
loads
and
constructed
during
to
conditions
of
prevent
the
flotation,
design
flood,
Not be permitted in coastal high hazard areas (Zone V)
and Adjusted SFHAs.
10
11
designed
Sec. 652.1503. Above-ground tanks, elevated.
12
Above-ground tanks in flood hazard areas shall be attached to
13
and elevated to or above the design flood elevation on a supporting
14
structure
15
lateral movement during conditions of the design flood.
16
supporting structures shall meet the foundation requirements of the
17
applicable flood hazard area.
18
Sec. 652.1504. Tank inlets and vents.
that
is
designed
to
prevent
flotation,
collapse
19
Tank inlets, fill openings, outlets and vents shall be:
20
(a)
or
Tank-
At or above the design flood elevation or fitted with
21
covers designed to prevent the inflow of floodwater or outflow
22
of the contents of the tanks during conditions of the design
23
flood; and
24
(b)
Anchored
to
prevent
lateral
movement
resulting
from
25
hydrodynamic and hydrostatic loads, including the effects of
26
buoyancy, during conditions of the design flood.
SECTION 652.1600 OTHER DEVELOPMENT
27
28
29
Sec. 652.1601. General requirements for other development.
All
development,
real
including
estate
for
man-made
which
changes
improved
30
unimproved
31
specified in this ordinance or the Florida Building Code, shall:
- 47 -
specific
to
provisions
are
or
not
1
(a)
Be located and constructed to minimize flood damage;
2
(b)
Meet the limitations of Section 652.1204, Ord. Code if
located in a regulated floodway;
3
4
(c)
Be anchored to prevent flotation, collapse or lateral
5
movement
resulting
from
hydrostatic
loads,
including
the
6
effects of buoyancy, during conditions of the design flood;
7
(d)
Be constructed of flood damage-resistant materials; and
8
(e)
Have mechanical, plumbing, and electrical systems above
the
9
design
flood
required
elevation,
to
address
except
life
that
safety
minimum
and
electric
10
service
electric
code
11
requirements is permitted below the design flood elevation
12
provided it conforms to the provisions of the electrical part
13
of building code for wet locations.
14
Sec. 652.1602. Fences in regulated floodways.
15
Fences in regulated floodways that have the potential to block
16
the passage of floodwaters, such as stockade fences and wire mesh
17
fences, shall meet the limitations of Section 652.1204, Ord. Code.
18
Sec.
19
regulated floodways.
20
Retaining
21
placement of fill in regulated floodways shall meet the limitations
22
of Section 652.1204, Ord. Code.
23
Sec.
24
floodways.
25
Roads
26
culverts, low-water crossings and similar means for vehicles or
27
pedestrians to travel from one side of a watercourse to the other
28
side,
29
limitations
30
watercourse that is part of a road or watercourse crossing shall
31
meet the requirements of Section 652.503(c), Ord. Code.
652.1603.
walls
652.1604.
and
that
Retaining
and
sidewalks
Roads
and
watercourse
encroach
of
walls,
and
regulated
652-1204,
floodways
Code.
driveways
in
involve
the
that
crossings
including
Ord.
- 48 -
and
driveways
watercourse
crossings,
into
Section
sidewalks
in
roads,
shall
regulated
bridges,
meet
Alteration
the
of
a
1
Sec.
652.1605.
Concrete
slabs
used
as
parking
pads,
enclosure
2
floors, landings, decks, walkways, patios and similar nonstructural
3
uses in coastal high hazard areas (Zone V) and Adjusted SFHAs.
4
In coastal high hazard areas and Adjusted SFHAs, concrete slabs
5
used as parking pads, enclosure floors, landings, decks, walkways,
6
patios
7
adjacent to buildings and structures provided the concrete slabs
8
are designed and constructed to be:
and
(a)
9
similar
nonstructural
uses
are
permitted
beneath
or
Structurally independent of the foundation system of the
building or structure;
10
(b)
11
Frangible and not reinforced, so as to minimize debris
12
during flooding that is capable of causing significant damage
13
to any structure; and
(c)
14
Have a maximum slab thickness of not more than four (4)
inches.
15
16
Sec. 652.1606. Decks and patios in coastal high hazard areas (Zone
17
V) and Adjusted SFHAs.
18
In addition to the requirements of the Florida Building Code, in
19
coastal high hazard areas and Adjusted SFHAs decks and patios shall
20
be
21
following:
22
located,
(a)
designed,
and
constructed
in
compliance
with
the
A deck that is structurally attached to a building or
23
structure
24
structural member at or above the design flood elevation and
25
any
26
elevation shall comply with the foundation requirements that
27
apply to the building or structure, which shall be designed to
28
accommodate any increased loads resulting from the attached
29
deck.
30
31
(b)
shall
supporting
have
members
the
bottom
that
of
extend
the
below
lowest
the
horizontal
design
flood
A deck or patio that is located below the design flood
elevation shall be structurally independent from buildings or
- 49 -
1
structures and their foundation systems, and shall be designed
2
and constructed either to remain intact and in place during
3
design flood conditions or to break apart into small pieces to
4
minimize debris during flooding that is capable of causing
5
structural damage to the building or structure or to adjacent
6
buildings and structures.
(c)
7
A deck or patio that has a vertical thickness of more
8
than twelve (12) inches or that is constructed with more than
9
the minimum amount of fill necessary for site drainage shall
10
not be approved unless an analysis prepared by a qualified
11
registered
12
diversion of floodwaters or wave run-up and wave reflection
13
that would increase damage to the building or structure or to
14
adjacent buildings and structures.
(d)
15
design
professional
demonstrates
no
harmful
A deck or patio that has a vertical thickness of twelve
16
(12)
inches
or
less
and
that
is
at
natural
grade
or
on
17
nonstructural fill material that is similar to and compatible
18
with local soils and is the minimum amount necessary for site
19
drainage may be approved without requiring analysis of the
20
impact on diversion of floodwaters or wave run-up and wave
21
reflection.
22
Sec. 652.1607. Other development in coastal high hazard areas (Zone
23
V) and Adjusted SFHAs.
In coastal high hazard areas
24
and Adjusted SFHAs, development
25
activities other than buildings and structures shall be permitted
26
only if also authorized by the appropriate federal, state or local
27
authority;
28
structurally attached to, buildings and structures; and if analyses
29
prepared by qualified registered design professionals demonstrate
30
no
31
reflection that would increase damage to adjacent buildings and
harmful
if
located
diversion
of
outside
the
floodwaters
- 50 -
footprint
or
wave
of,
run-up
and
and
not
wave
1
structures.
2
limited to:
3
(a)
Bulkheads,
seawalls,
retaining
walls,
revetments,
and
similar erosion control structures;
4
5
Such other development activities include but are not
(b)
Solid
fences
and
privacy
walls,
and
fences
prone
to
6
trapping debris, unless designed and constructed to fail under
7
flood
8
function to avoid obstruction of floodwaters; and
9
(c)
conditions
less
than
the
design
flood
otherwise
On-site sewage treatment and disposal systems defined in
64E-6.002, F.A.C., as filled systems or mound systems.
10
11
Sec.
12
(Zone V) and Adjusted SFHAs.
13
In coastal high hazard areas and Adjusted SFHAs:
14
or
652.1608.
(a)
Nonstructural
fill
in
coastal
high
hazard
areas
Minor grading and the placement of minor quantities of
15
nonstructural fill shall be permitted for landscaping and for
16
drainage purposes under and around buildings.
17
(b)
Nonstructural fill with finished slopes that are steeper
18
than
19
permitted
20
registered
21
diversion of floodwaters or wave run-up and wave reflection
22
that
23
structures.
24
(c)
one
unit
only
would
Where
vertical
if
to
an
design
five
units
analysis
professional
increase
damage
authorized
by
to
the
horizontal
prepared
by
a
demonstrates
adjacent
Florida
shall
be
qualified
no
harmful
buildings
and
Department
of
25
Environmental Protection or applicable local approval, sand
26
dune
27
around
28
engineering
29
floodwater or wave run-up and wave reflection if the scale and
30
location of the dune work is consistent with local beach-dune
31
morphology and the vertical clearance is maintained between
construction
elevated
and
restoration
buildings
analysis
or
are
of
permitted
certification
- 51 -
sand
of
dunes
without
the
under
or
additional
diversion
of
1
the top of the sand dune and the lowest horizontal structural
2
member of the building.
3
Section 5.
Fiscal Impact Statement. In terms of design,
4
plan application review, construction and inspection of buildings
5
and structures, the cost impact as an overall average is negligible
6
in regard to the local technical amendments because all development
7
has
8
management
9
Flood Insurance Program.
10
been
subject
to
ordinance
the
requirements
adopted
for
of
the
participation
local
in
floodplain
the
National
In terms of lower potential for flood
damage, there will be continued savings and benefits to consumers.
Section 6.
11
Applicability. For
13
jurisdiction of the City of Jacksonville, with the exception of
14
Urban Services Districts 2, 3, 4 and 5 (City of Atlantic Beach,
15
City
16
Baldwin).
17
development, including building permit applications and subdivision
18
proposals, submitted on or after June 3, 2013.
This
ordinance
Section 7.
19
Beach,
City
shall
Repealer.
ordinance
of
Neptune
apply
Any
shall
to
and
Beach
all
all
apply
of
jurisdictional
Jacksonville
this
purposes
12
of
applicability,
the
and
in
the
Town
applications
ordinances
of
for
and
20
regulations in conflict herewith are hereby repealed to the extent
21
of any conflict.
22
the
23
Ordinance Code.
24
Section 8.
following
This ordinance specifically repeals and replaces
ordinance(s)
and
regulation(s):
Chapter
652,
Inclusion into the Code of Ordinances. It is
25
the intent of the Council of the City of Jacksonville that the
26
provisions of this ordinance shall become and be made a part of the
27
City of Jacksonville Code of Ordinances, and that the sections of
28
this
29
“ordinance” may be changed to “section,” “article,” “regulation,”
30
or such other appropriate word or phrase in order to accomplish
31
such intentions.
ordinance
may
be
renumbered
- 52 -
or
re-lettered
and
the
word
1
Section 9.
Severability.
If
any
section,
subsection,
2
sentence, clause or phrase of this ordinance is, for any reason,
3
declared by the courts to be unconstitutional or invalid, such
4
decision shall not affect the validity of the ordinance as a whole,
5
or any part thereof, other than the part so declared.
6
Section 10.
Rule
4.901
Requesting
One
Cycle
Emergency
7
Passage.
8
3, 2013 deadline imposed by the NFIP and the FDEM to avoid loss or
9
cancellation
10
11
One Cycle Emergency passage is requested due to the June
of
flood
insurance
protection
to
Jacksonville
residents.
Section
11.
Effective
Date.
This
ordinance
shall
become
12
effective upon signature by the Mayor or upon becoming effective
13
without the Mayor’s signature.
14
15
Form Approved:
16
17
__/s/ Cherry A. Shaw
18
Office of General Counsel
19
Legislation prepared by: Cherry A. Shaw
20
G:\SHARED\LEGIS.CC\2013\Ord\Chapter
21
comments and suggestions_RCQ.docx
652-
Repeal
and
- 53 -
Rewrite
050113
2nd
draft
includes
RCQ