HomeMy WebLinkAboutO-1988-001 {
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ORDINANCE NO. 01-88
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING IN ITS ENTIRETY ORDINANCE NO. 18 AS
PASSED AND ADOPTED ON AUGUST 9, 1983, TO BE
KNOWN AND CITED AS THE "FLOOD DAMAGE PREVENTION
ORDINANCE" OF THE CITY OF DANIA, FLORIDA; AND
j WHICH CONTAINS VARIOUS DEFINITIONS, FINDINGS OF
FACTS, STATEMENT OF PURPOSE AND OBJECTIVES; AND
SETTING FORTH THE APPLICABLE LANDS, PERMIT
REQUIREMENT, COMPLIANCE, ABROGATION AND GREATER
RESTRICTIONS, INTERPRETATION, WARNING AND
DISCLAIMER OF LIABILITY, PENALTIES FOR
VIOLATIONS, ADMINISTRATION, DESIGNATION OF THE
ADMINISTRATION, DUTIES AND RESPONSIBILITIES OF
THE ADMINISTRATION, PERMIT PROCEDURES, VARIANCE
PROCEDURES, PROVISIONS FOR FLOOD HAZARD
REDUCTION, GENERAL STANDARDS, SPECIFIC
STANDARDS AND STANDARDS FOR SUBDIVISION
PROPOSALS; AND PROVIDING THAT ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as provided by Article VIII , Section 2(b) of the
Constitution of the State of Florida, the Legislature of the State of
Florida has, in and by its enactment of Chapter 166, Florida Statutes,
known and cited as the "Municipal Home Rule Powers Act" , and further by
its enactment of Chapters 125 and 163, Florida Statutes, delegated the
responsibility to local governmental units to adopt regulations
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designed to promote public health, safety and general welfare of its
citizenry.
WHEREAS, the City Commission of the City of Dania, Florida, has
found :
1. The flood hazard areas of the City of Dania are subject to
periodic inundation which results in loss of life, property,
health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety and
general welfare.
.2. These flood losses are caused by the cumulative effect of
obstructions in flood plains causing increases in flood
heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands
which are inadequately elevated, flood-proofed, or otherwise
unprotected from flood damages.
WHEREAS, the City Commission of the City of Dania, Florida, has
determined that the purpose of the adoption of this ordinance is to
promote the public health, safety and general welfare and to minimize I
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public and private losses due to flood conditions in specific areas by
provisions designed to:
1. restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards , or which
result in damaging increases in erosion or in flood heights or
velocities ;
2. require that uses vulnerable to floods , including facilities
which serve such uses, be protected against flood damage at
the time of initial construction ;
3. control the alteration of natural flood plains, stream
channels , and natural protective barriers which are involved
in the accommodation of flood waters;
4 . control filling, grading, dredging and other development which
may increase erosion or flood damage, and;
5. prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase
flood hazards to other lands.
WHEREAS, the City Commission of the City of Dania, Florida , has
established as its objectives in the adoption of this ordinance the
following :
1 . to protect human life and health ;
2. to minimize expenditure of public money for costly flood
control projects ;
3. to minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
4. to minimize prolonged business interruptions ;
5. to minimize damage to public facilities and utilities such as
water and gas mains, electric , telephone and sewer lines,
streets and bridges located in flood plains ;
6. to help maintain a stable tax base by providing for the sound
use and development of flood prone areas in such a manner as
to minimize flood blight areas, and;
7. to insure that potential home buyers are notified that
property is in a flood area.
NOW, THEREFORE, IN ORDER TO ACCOMPLISH ALL OF THE FOREGOING, BE IT
ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA:
Section 1 . That for the accomplishment of the purposes and
objections as set forth hereinabove, this ordinance , which shall be
known and cited as the "Flood Damage Prevention Ordinance" , is hereby
promulgated, enacted and ordained to read, after the effect of such
promulgation, enactment and ordainment, as follows, to wit :
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ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES
A. STATUTORY AUTHORIZATION
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The Legislature of the State of Florida has, in Chapters
125, 163 and 166, Florida Statutes , delegated the responsibility to
local governmental units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry.
Therefore, the City Commission of the City of Dania, Florida, does
ordain as follows :
B. FINDINGS OF FACT
1 ) The flood hazard areas of the City of Dania are subject
to periodic inundation which results in loss of life,
property, health and safety hazards, disruption of
jcommerce and governmental services, extraordinary
public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
2 ) These flood losses are caused by the cumulative effect
of obstructions in flood plains causing increases in
flood heights and velocities, and by the occupancy in
flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately
3 elevated, flood-proofed, or otherwise unprotected from
flood damages .
C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public
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health, safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions designed
to:
1 ) Restrict or prohibit uses which are dangerous to
health, safety and property due to water or erosion
hazards, or which result in damaging increases in
erosion or in flood heights or velocities ;
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2) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected agaii:st
flood damage at the time of initial construction;
3 ) Control the alteration of natural flood plains, stream
channels, and natural protective barriers which are
j involved in the accommodation of flood waters ;
j 4 ) Control filling, grading, dredging and other
development which may increase erosion or flood damage,
and;
5 ) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other lands.
D. OBJECTIVES
The objectives of this ordinance are :
1 ) To protect human life and health ;
i, 2 ) To minimize expenditure of public money for costly
flood control projects;
3 ) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public ;
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4 ) To minimize prolonged business interruptions;
5) To minimize damage to public facilities and utilities
such as water and gas mains , electric, telephone and
sewer lines, streets and bridges located in flood
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plains ;
6) To help maintain a stable tax base by providing for the
sound use and development of flood prone areas in such
a manner as to minimize flood blight areas , and;
7 ) To insure that potential home buyers are notified that
property is in a flood area .
ARTICLE 2. DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they have
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in common usage and to give this ordinance its most reasonable
application.
"Addition (to an existing building) " means any walled and roofed
expansion to the perimeter of a building in which the addition is
connected by a common load-bearing wall other than a fire wall . Any
walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load-bearing walls is new
construction.
"Appeal" means a request for a review of the City of Dania 's
interpretation of any provision of this ordinance or a request for a
variance.
"Area of shallow flooding" means a designated AO or VO Zone on a
community 's Flood Insurance Rate Map ( FIRM) with base flood depths from
one to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident.
"Area of special flood hazard" is the land in the flood plain
within a community subject to a one percent or greater chance of
flooding in any given year.
"Base flood" means the flood having a one percent chance of being
equaled or exceeded in any given year.
"Basement" means that portion of a building having its floor
subgrade (below ground level ) on all sides.
"Breakaway wall" means a wall that is not part of the structural
support of the building and is intended through its design and
construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the building or the
supporting foundation system.
"Building" means any structure built for support, shelter, or
enclosure for any occupancy or storage .
"Coastal High Hazzard Area" means the area subject to high
velocity waters caused by, but not limited to, hurricane wave wash .
The area is designated on a FIRM as Zone VI - 30, VE or V.
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"Development" means any man-made change to improved or unimproved
real estate , including, but not limited to, buildings or other
structures, mining, dredging, filling, , grading, paving , excavating,
drilling operations, or permanent storage of materials.
"Elevated building" means a non-basement building built to have
the lowest floor elevated above the ground level by means of fill ,
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isolid foundation perimeter walls, pilings, columns (posts and piers ) ,
shear walls, or breakaway walls.
"Flood" or "flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
( 1 ) the overflow of inland or tidal waters ;
(2 ) the unusual and rapid accumulation or runoff of surface
waters from any source .
"Flood Hazard Boundary Map (FHBM) " means an official map of a
community, issued by the Federal Emergency Management Agency, where the
boundaries of the areas of special flood hazard have been defined as
Zone A.
"Flood Insurance Rate Map (FIRM ) " means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
"Flood Insurance Study" is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary Floodway Map and the water
surface elevation of the base flood .
"Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot.
"Floor" means the top surface of an enclosed area in a building
( including basement ) , i .e. , top of slab in concrete slab construction
or top of wood flooring in wood frame construction . The term does not
include the floor of a garage used solely for parking vehicles .
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"Functionally dependent facility" means a facility which cannot be
used for its intended purpose unless it is located or carried out in
close proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers , shipbuilding,
ship repair, or seafood processing facilities. The term does not
include long-term storage, manufacture, sales, or service facilities .
"Highest adjacent grade" means the highest natural elevation of
the ground surface, prior to construction, next to the proposed walls
of a structure .
"Mangrove stand" means an assemblage of mangrove trees which is
mostly low trees noted for a copious development of interlacing
adventitious roots above the ground and which contain one or more of
the following species : black mangrove (Avicennia nitida ) ; red mangrove
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(Rhizophora mangle) ; white mangrove (Languncularia racemosa ) ; and
buttonwood (Conocarpus erecta) .
"Mean Sea Level" means the average height of the sea of all stages
of the tide . It is used as a reference for establishing various
elevations within the flood plain. For purposes of this ordinance, the
term is synonymous with National Geodetic Vertical Datum (NGVD) .
i "Manufactured home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
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arequired utilities . The term also includes park trailers , travel
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trailers, and similar transportable structures placed on a site for 180
! consecutive days or longer and intended to be improved property.
"National Geodetic Vertical Datum (NGVD) " as corrected in 1929 is
a vertical control used as a reference for establishing varying
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elevations within the flood plain.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance.
"Sand dunes" means naturally occurring accumulations of sand in
ridges or mounds landward of the beach. I
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"Start of construction" (for other than new construction or
substantial improvements under the Coastal Barrier Resources Act (P. L.
97-348 ) ) , includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the
permit date. The actual start means the first placement of permanent
construction of a structure ( including a manufactured home ) on a site,
such as the pouring of slabs or footings , installation of piles,
construction of columns, or any work beyond the stage of excavation or
the placement of a manufactured home on a foundation . Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways ; nor does it include excavation for a basement ,
footings, piers or foundations or the erection of temporary forms ; nor
does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure.
"Structure" means a walled and roofed building that is principally
above ground, a manufactured home, a gas or liquid storage tank, or
other man-made facilities or infrastructures .
"Substantial improvement" means any repair, reconstruction,
alteration, or improvement to a structure, the cost of which equals or
exceeds fifty percent of the market value of the structure, either (1 )
before the improvement or repair is started, or ( 2 ) if the structure
has been damaged and is being restored, before the damage occurred .
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences , whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include any project for improvement of a
structure required to comply with existing health, sanitary, or safety
code specifications which are solely necessary to assure safe living
conditions.
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"Variance" is a grant of relief from the requirements of this
ordinance which permits construction in a manner otherwise prohibited
by this ordinance where specific enforcement would result in
unnecessary hardship.
ARTICLE 3. GENERAL PROVISIONS
j A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood
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hazard within the jurisdiction of the City of Dania .
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal
Emergency Management Agency on its Flood Insurance Rate Map (FIRM )
#120034-001 and 002, dated July 5, 1983, with accompanying maps and
other supporting data, and any revision thereto, are adopted by
reference and declared to be a part of this ordinance.
_,. C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with
the provisions of this ordinance prior to the commencement of any
development activities.
D. COMPLIANCE
No structure or land shall hereafter be located, extended,
converted or structurally altered without full compliance with the
terms of this ordinance and other applicable regulations.
` E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal , abrogate, or
impair any existing easements , covenants, or deed restrictions .
However, where this ordinance and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail .
F. INTERPRETATION
In the interpretation and application of this ordinance all
provisions shall be : ( 1 ) considered as minimum requirements ; (2 )
liberally construed in favor of the governing body, and; ( 3 ) deemed
neither to limit nor repeal any other powers granted under state
statutes .
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G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance
is considered reasonable for regulatory purposes and is based on
scientificc and engineering consideration. Larger floods can and will
occur on rare occasions . Flood heights may be increased by man-made or
natural causes . This ordinance does not imply that land outside the
areas of special flood hazard or uses permitted within such areas will
be free from flooding or flood damages. This ordinance shall not
create liability on the part of the City of Dania or by any officer or
employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
H. PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to
comply with any of its requirements , including violation of conditions
and safeguards established in connection with grants of variance or
special exceptions, shall constitute a misdemeanor. Any person who
violates this ordinance or fails to comply with any of its requirements
shall , upon conviction thereof, be punished as provided in Section 1-8
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of this code , and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be
considered a separate offense . Nothing herein contained shall prevent
the City of Dania from taking such other lawful action as is necessary
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to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION
A. DESIGNATION OF BUILDING OFFICIAL
The building official is hereby appointed to administer and
implement the provisions of this ordinance.
B. PERMIT PROCEDURES
Application for a Development Permit shall be made to the
building official on forms furnished by him or her prior to any
development activities, and may include , but not be limited to, the
following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question; existing
or proposed structures, fill, storage of materials, drainage
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facilities, and the location of the foregoing . Specifically, the
following information is required :
1 ) Application Stage.
a ) Elevation in relation to mean sea level of the
proposed lowest floor ( including basement ) of all
structures :
b) Elevation in relation to mean sea level to which
any non-residential structure will be
flood-proofed;
c) Certificate from a registered professional engineer
or architect that the non-residential flood-proofed
structure will meet the flood-proofing criteria in
Article 5, Section B (2 ) ;
d ) Description of the extent to which any watercourse
will be altered or relocated as a result of
proposed development, and;
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2 ) Construction Stage .
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Provide a floor elevation or proofing certification
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after the lowest floor is completed, or in instances
where the structure is subject to the regulations
applicable to Coastal High Hazard Areas , after
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placement of the horizontal structural members of the
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lowest floor. Upon placement of the lowest floor, a
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jflood-proofing by whatever construction means, or upon
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placement of the horizontal structural members of the
lowest floor, whichever is applicable, it shall be the
duty of the permit holder to submit to the building
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official a certification of the elevation of the lowest
floor, flood-proofed elevation, or the elevation of the
lowest portion of the horizontal structural members of
the lowest floor, whichever is applicable, as built , in
relation to mean sea level . Said certification shall
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be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and J
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certified by same. When flood-proofing is utilized for
a particular building, said certification shall be
prepared by or under the direct supervision of a
professional engineer or architect and certified by
same . Any work undertaken prior to submission of the
certification shall be at the permit holder 's risk .
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The building official shall review the floor elevation
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survey data submitted . Deficiencies detected by such
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review shall be corrected by the permit holder
immediately and prior to further progressive work being
permitted to proceed . Failure to submit the survey or
failure to make said corrections required hereby, shall
be cause to issue a stop-work order for the project .
C. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
Duties of the building official shall include, but not be
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limited to:
1 ) Review all development permits to assure that the
permit requirements of this ordinance have been
satisfied;
2 ) Advise permittee that additional federal or state
- ) permits may be required, and if specific federal or
state permit requirements are known, require that
copies of such permits be provided and maintained on
file with the development permit .
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3 ) Notify adjacent communities and the Florida Department
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of Community Affairs prior to any alteration or
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relocation of a watercourse , and submit evidence of
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j such notification to the Federal Emergency Management
Agency.
4 ) Assure that maintenance is provided within the altered
or relocated portion of said watercourse so that the
flood-carrying capacity is not diminished.
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5 ) Verify and record the actual elevation (in relation to
mean sea level ) of the lowest floor ( including
basement ) of all new or substantially improved
structures, in accordance with Article 4, Section B
( 2 ) •
i6 ) Verify and record the actual elevation (in relation to
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mean sea level ) to which the new or substantially
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improved structures have been flood-proofed, in
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accordance with Article 4, Section B ( 2 ) .
7) In Coastal Hazard Areas, certification shall be
j obtained from a registered professional engineer or
architect that the structure is designed to be securely
anchored to adequately anchored pilings or columns in
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order to withstand velocity waters and hurricane wave
.Ak wash.
8 ) In Coastal High Hazard Areas, the building official i
shall review plans for adequacy of breakaway walls in
accordance with Article 5, Section B( 5 ) (h) .
9 ) When flood-proofing is utilized for a particular
structure, the building official shall obtain
certification from a registered professional engineer
or architect, in accordance with Article 5, Section
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B(2) .
10 ) Where interpretation is needed as to the exact location
of boundaries of the areas of special flood hazard (for
example , where there appears to be a conflict between a
mapped boundary and actual field conditions ) the
building official shall make the necessary
interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this article.
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11 ) When base flood elevation data or floodway data have
not been provided in accordance with Article 3, Section
B, then the building official shall obtain, review and
reasonably utilize any base flood elevation and
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floodway data available from a federal , state or other
source, in order to administer the provisions of
Article 5.
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12 ) All records pertaining to the provisions of this
ordinance shall be maintained in the office of the
building official and shall be open for public
inspection.
D. VARIANCE PROCEDURES
1 ) The Dania City Commission shall hear and decide appeals
and requests for variances from the requirements of
this ordinance.
2 ) The Dania City Commission shall hear and decide appeals
when it is alleged there is an error in any
requirement , decision, or determination made by the
building official in the enforcement or administration
of this ordinance.
3) Any person aggrieved by the decision of the Dania City
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>.. 9 Commission or any taxpayer may appeal such decision to
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the Circuit Court of Broward County, as provided in the
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Florida Statutes.
4 ) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on
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the National Register of Historic Places or the State
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1 Inventory of Historic Places without regard to the
procedures set forth in the remainder of this section,
except for Article 4, Section D ( 8 ) (a ) and (d ) , and
provided the proposed reconstruction, rehabilitation,
or restoration will not result in the structure losing
its historical designation.
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5 ) In passing upon such applications, the Dania City
Commission shall consider all technical evaluations,
all relevant factors, all standards specified in other
sections of this ordinance, and :
a) the danger that materials may be swept onto other
lands to the injury of others ;
b) the danger to life and property due to flooding or
erosion damage ;
c) the susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the individual owner;
d ) the importance of the services provided by the
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Proposed facility to the community;
e ) the necessity of the facility to a waterfront
location, in the case of a functionally dependent
facility;
f ) the availability of alternative locations, not
subject to flooding or erosion damage, for the
proposed use;
g) the compatability of the proposed use with
existing and anticipated development ;
h) the relationship of the proposed use to the
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comprehensive plan and flood plain management
program for that area;
i ) the safety of access to the property in times of
flood for ordinary and emergency vehicles ;
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j j ) the expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters
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and the effects of wave action, if applicable,
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expected at the site, and;
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k ) the costs of providing governmental services
during and after flood conditions including
maintenance and repair of public utilities and
facilities such as sewer, gas , electrical, and
water systems, and streets and bridges. !
6 ) Upon consideration of the factors listed above, and the
purposes of this ordinance, the Dania City Commission
may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this
ordinance.
7 ) Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result .
8 ) Conditions for variances :
a) Variances shall only be issued upon a determination
that the variance is the minimum necessary,
considering the flood hazard, to afford relief ; and
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in the instance of a historical building, a
determination that the variance is the minimum
necessary so as not to destroy the historic
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! character and design of the building;
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b) Variances shall only be issued upon ( i ) a showing
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of good and sufficient cause, ( ii ) a determination
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that failure to grant the variance would result in
exceptional hardship, and; (iii ) a determination
that the granting of a variance will not result in
increased flood heights, additional threats to
i public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or
ordinances .
c ) Any applicant to whom a variance is granted shall
be given written notice specifying the difference
between the base flood elevation and the elevation
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to which the structure is to be built and stating
that the cost of flood insurance will be
commensurate with the increased risk resulting from
the reduced lowest floor elevation.
d ) The building official shall maintain the records of f f�
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all appeal actions and report any variances to the
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Federal Emergency Management Agency upon request .
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
A. GENERAL STANDARDS
In all areas of special flood hazard the following
j provisions are required:
1 ) New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral
movement of the structure ;
2 ) Manufactured homes shall be anchored to prevent
flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This
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standard shall be in addition to and consistent with
applicable state requirements for resisting wind
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3 ) New construction and substantial improvements shall be
constructed with materials and utility equipment
j resistant to flood damage;
4 ) New construction or substantial improvements shall be
constructed by methods and practices that minimize
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flood damage ;
5) Electrical , heating, ventilation, plumbing , air
conditioning equipment, and other service facilities
shall be designed and/or located so as to prevent water
from entering or accumulating within the components
during conditions of flooding.
6 ) New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
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waters into the system;
7) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems
j into flood waters ;
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8 ) On-site waste disposal system shall be located and
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constructed to avoid impairment to them or
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contamination from them during flooding, and ;
9 ) Any alteration, repair, reconstruction or improvements
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j to a structure which is in compliance with the
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provisions of this ordinance, shall meet the
requirements of "new construction" as contained in this
ordinance.
B. SPECIFIC STANDARDS
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In all areas of special flood hazard where base flood
elevation data have been provided, as set forth in Article 3, Section
B, or Article 4, Section C ( 11 ) , the following provisions are required.
1 ) Residential Construction. New construction or
substantial improvement of any residential structure
shall have the lowest floor, including basement ,
elevated no lower than 8 feet NGVD or the base flood
{ elevation as specified on the Flood Insurance Rate Map,
whichever is greater. Should solid foundation
j perimeter walls be used to elevate a structure,
openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in
accordance with standards of Article S, Section B( 3 ) .
2 ) Non-Residential Construction. New construction or
substantial improvement of any commercial, industrial ,
or non-residential structure shall have the lowest
floor, including basement, elevated no lower than 8
feet NGVD or the base flood elevation as specified on
the Flood Insurance Rate Map, whichever is greater.
Structures located in all A-zones may be flood-proofed I
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in lieu of being elevated provided that all areas of
the structure below the required elevation are water
tight with walls substantially impermeable to the
passage of water, and use structural components having
the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A j
registered professional engineer or architect shall
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certify that the standards of this subsection are
satisfied. Such certification shall be provided to the
official as set forth in Article 4, Section B(3 ) .
i 3 ) Elevated Buildings. New construction or substantial
improvements of elevated buildings that include fully
enclosed areas formed by foundation and other exterior
walls below the base flood elevation shall be designed
to preclude finished living space and designed to allow !
for the entry and exit of floodwaters to automatically
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equalize hydrostatic flood forces on exterior walls.
a) Designs for complying with this requirement must
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either be certified by a professional engineer or
architect or meet the following minimum criteria:
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J (i ) Provide a minimum of two openings having a
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total net area of not less than one square
a
inch for every .square foot of enclosed area
a
subject to flooding;
3 ( ii ) The bottom of all openings shall be no
higher than one foot above grade ; and,
(iii ) Openings may be equipped with screens,
louvers, valves or other coverings or
devices provided they permit the automatic
flow of floodwaters in both directions.
b) Electrical, plumbing, and other utility
connections are prohibited below the base flood
elevation;
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c) Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment
used in connection with the premises (standard
exterior door) or entry to the living area
(stairway or elevator ) ; and
d) The interior portion of such enclosed area shall
not be partitioned or finished into separate
rooms.
4 ) Floodways . Located within areas of special flood
hazard established in Article 3, Section B, are areas
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designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and
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has erosion potential , the following provisions shall
apply:
a ) Prohibit encroachments, including fill, new
construction, substantial improvements and other
developments unless certification (with supporting
technical data) by a registered professional
engineer is provided demonstrating that
encroachments shall not result in any increase in
r flood levels during occurence of the base flood
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discharge ;
b) If Article 5, Section B(4 ) (a) is satisfied, all new
construction and substantial improvements shall
comply with all applicable flood hazard reduction
provisions of Article 5.
5 ) Coastal High Hazard Areas (V Zones ) . Located within
the areas of special flood hazard established in
Article 3, Section B, are areas designated as Coastal
High Hazard areas. These areas have special flood
hazards associated with wave wash, therefore, the
following provisions shall apply :
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lY�MY JMI Cb v�Y`@v.nb.A. . M `. 1• � :.: 1^
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a ) All buildings or structures shall be located
landward of the reach of the mean high tide;
b) All buildings or structures shall be elevated so
that the bottom of the lowest supporting horizontal
member (excluding pilings or columns) is located no
lower than 11 feet above the base flood elevation
level, with all space below the lowest supporting
member open so as not to impede the flow of water.
Open lattice work or decorative screening may be
permitted for aesthetic purposes only and must be
designed to wash away in the event of abnormal wave
' action and in accordance with Article 5, Section
B( 5 ) (h) . Breakaway walls may be permitted and must
be designed to wash away in the event of abnormal
wave action and in accordance with Article 5,
b Section B(5) .
c) All buildings or structures shall be securely
anchored on pilings or columns ;
d) All pilings and columns and the attached structures
shall be anchored to resist flotation, collapse,
and lateral movement due to the effect of wind and
water loads acting simultaneously on all building
components . The anchoring and support system shall
be designed with wind and water loading values
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which equal or exceed the 100 year mean recurrence
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interval (one percent annual chance flood ) .
e) A registered professional engineer or architect
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shall certify that the design, specifications and
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plans for construction are in compliance with the
provisions contained in Article 5, Section B( 5 ) (b) ,
(c ) and (d ) of this ordinance.
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f ) There shall be no fill used as structural support.
Non-compacted fill may be used around the perimeter
of a building for landscaping/aesthetic purposes
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provided the fill will wash out from storm surge,
(thereby rendering the building free of
obstruction) prior to generating excessive loading
forces , ramping effects, or wave deflection. The
building official shall approve design plans for
landscaping/aesthetic fill only after the applicant
has provided an analysis by an engineer, architect,
and/or soil scientist, which demonstrates that the
following factors have been fully considered:
( i ) Particle composition of fill material does
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not have a tendency for excessive natural
{ compaction;
(ii ) Volume and distribution of fill will not
cause wave deflection to adjacent
properties ; and
( iii ) Slope of fill will not cause wave run-up or
ramping .
g ) There shall be no alteration of sand dunes or
mangrove stands which would increase potential
flood damage;
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h) Non-supporting breakaway walls, open lattice-work,
i or mesh screening shall be allowed below the base
flood elevation provided they are not part of the
structural support of the building and are designed
so as to breakaway, under abnormally high tides or
wave action, without damage to the structural
integrity of the building on which they are to be
used and provided the following design
specifications are met :
( i ) Design safe loading resistance of each wall
shall not be less than 10 or more than 28
pounds per square foot; or
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( ii ) If more than 20 pounds per square foot, a
registered professional engineer or architect
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f
shall certify that the design wall collapse
would result from a water load less than that
which would occur during the base flood
event, and the elevated portion of the
building and supporting foundation system
shall not be subject to collapse,
displacement, or other structural damage due
to the effects of wind and water loads acting
simultaneously on all building components
during the base flood event. Maximum wind
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i and water loading values to be used in this
j determination shall each have one percent
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chance of being equalled or exceeded in any
given year ( 100—year mean recurrence
interval ) .
i ) If breakaway walls are utilized, such enclosed
space shall not be designed to be useable for human
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habitation but shall be designed to be useable only
for parking of vehicles, building access , or j
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limited storage of maintenance equipment used in
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connection with the premises .
j j ) Prior to construction, plans for any structures
that will have breakaway walls must be submitted to
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the building official for approval .
k ) Any alteration, repair, reconstruction, or
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improvement to a structure shall not enclose the
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space below the lowest floor except with breakaway
walls, as provided for in Article 5, Section
B(5 ) (h ) and ( i ) .
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C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS AND/OR FLOODWAYS
Located within the areas of special flood hazard
established in Article 3, Section B, where small streams
exist but where no base flood data have been provided or
where no floodways have been provided, the following
provisions apply :
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1 ) No encroachments, including fill material or structures
shall be located within a distance of 20 feet, either
side from top of bank, whichever is greater, unless
certification by a registered professional engineer is
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provided demonstrating that such encroachments shall
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not result in any increase in flood levels during the
1 occurrence of the base flood discharge.
2 ) New construction or substantial improvements of
' structures shall be elevated or flood-proofed to
elevations established in accordance with Article 4,
Section C ( 11 ) . i
D. STANDARDS FOR SUBDIVISION PROPOSALS
1 ) All subdivision proposals shall be consistent with the
need to minimize flood damage;
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2 ) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood
s damage;
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3 ) All subdivision proposals shall have adequate drainage
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provided to reduce exposure to flood hazards, and ;
4 ) Base flood elevation data shall be provided for
subdivision proposals and other proposed development
( including manufactured home parks and subdivisions )
which is greater than the lesser of fifty lots or five
acres.
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Section 2. That all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be repealed to
the extent of such conflict.
Section 3. That this ordinance shall be in force and take effect
immediately upon its passage and adoption .
PASSED AND ADOPTED on First Reading on the 9th day of February ,
1988.
PASSED AND ADOPTED on Second and Final Reading on the 9th day of
February , 1988.
VICE M 0 - COMMISSIONER
ATTEST:
CITY CLERK AUDITOR
APPROVED FOR
FORM
�jAND CORRECTNESS:
By
•.. FRANK C. ADLER, City Attorney
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25 Ordinance No . 01-88 J
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