HomeMy WebLinkAboutDocumentation_Regular_Tab 15_10/11/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 9-12
10/11/12
Consent Agenda: No Resolution #:
Originating Department: Attorney
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
ORDINANCE 9-12, FIRST READING, AMENDING ITS CODE OF ORDINANCES AT CHAPTER 78. ZONING.
ARTICLE XII. FLOOD DAMAGE PREVENTION. BY REPEALING THIS ARTICLE IN ITS ENTIRETY AND RE-
ADOPTING IT TO PROVIDE UPDATED REGULATIONS IN CONFORMANCE WITH REQUIREMENTS OF
THE NATIONAL FLOOD INSURANCE PROGRAM; ADOPTING CERTAIN ADMINISTRATIVE
AMENDMENTS TO THE FLORIDA BUILDING CODE PURSUANT TO SEC. 553.73(5), FLORIDA
STATUTES, IN FURTHERANCE OF THE NATIONAL FLOOD INSURANCE PROGRAM
BUDGET / FINANCIAL IMPACT:
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance: `����s�� �r} iter��.
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot descrrption of the agenda item)
APPROVALS: SIGNATURE:
Department Head Q
Finance Director
Reviewed for Financial Sufficiency ❑
No Financial Impact [/j �'
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: [�
Approve Item: ❑
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
Form Amended: 10/20/11
ORDINANCE NO. 9-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VII.LAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT
CHAPTER 78. ZONING. ARTICLE XII. FLOOD DAMAGE PREVENTION.
BY REPEALING THIS ARTICLE IN ITS ENTIRETY AND RE-ADOPTING IT
TO PROVIDE UPDATED REGULATIONS IN CONFORMANCE WITH
REQUIREMENTS OF TI� NATIONAL FLOOD INSURANCE PROGRAM;
ADOPTING CERTAIN ADMINISTRATIVE AMENDMENTS TO THE
FLORIDA BUILDING CODE PURSUANT TO SEC. 553.73(5), FLORIDA
STATUTES, IN FURTHERANCE OF THE NATIONAL FLOOD INSURANCE
PROGRAM; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE A SEVERABILTTY CLAUSE AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the Village of Tequesta and such areas are subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare, and
WHEREAS, the Village of Tequesta was accepted for participation in the National
Flood Insurance Program on June 11, 1971 and the Village Council of the Village of Tequesta
desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
and 60, necessary for participation in the National Flood Insurance Program; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code•, and
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative
amendments to the Florida Building Code to implement the National Flood Insurance Program
and incentives; and
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WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the public interest to adopt the proposed floodplain management regulations that are coordinated
with the Florida Building Code: and
WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the public interest to adopt the proposed local amendments to the 2010 Florida Building Code
and that the proposed amendments are not more stringent than necessary to address the need
identified, do not discriminate against maferials, products or construction techniques of
demonstrated capabilities, and are in compliance with section 553.73(5), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article XII. Flood Damage Prevention. by repealing this article in its
entirety and re-adopting it to provide updated regulations in conformance with requirements of
the National Flood Insurance Program; further adopting certain administrative amendments to
the Florida Building Code in furtherance of the National Flood Insurance Program; providing
that Chapter 78, Article XII shall hereafter read as follows:
Chapter 78
ZONING
ARTICLE XII. FLOOD DAMAGE PREVENTION
DIVISION 1. ADMINISTRATION
SECTION 1. General
Sec. 78-771. Title. This article and these regulations shall be known as the Flood Damage
Prevention Ordinance of the Village of Tequesta.
Sec. 78-772. Scope. The provisions of this article shall apply to all development that is wholly
within or partially within any flood hazard area within the Village of Tequesta, including but not
limited to the subdivision of land; filling, grading, and other site improvements and utility
installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair,
relocation or demolition of buildings, structures, and facilities that are exempt from the Florida
Building Code; placement, installation, or replacement of manufactured homes and manufactured
buildings; installation or replacement of tanks; placement of recreational vehicles; installation of
swimming pools; and any other development.
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Sec. 78-773. Inten� The purposes of this article and the flood load and flood resistant
construction requirements of the Florida Building Code are to esta.blish minimum requirements
to safeguard the public health, safety, and general welfare and to minimize public and private
losses due to flooding through regulation of development in flood hazard areas to:
1. Minimize unnecessary disruption of commerce, access and public service during times of
flooding;
2. Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the
impact of development on the natural and beneficial functions of the floodplain;
5. Minimize damage to public and private facilities and utilities;
6. Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
7. Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
8. Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
Sec. 78-774. Coordination with the Florida Building Code. Pursuant to the requirement
established in Ch. 553, F.S. that local communities administer and enforce the Florida Building
Code, the Village Council of the Village of Tequesta does hereby acknowledge that the Florida
Building Code contains certain provisions that apply to the design and construction of buildings
and structures in flood hazard areas. Therefore, this article is intended to be administered and
enforced in conjunction with the Florida Building Code. Where section numbers of the Florida
Building Code are cited, the section numbers refer to the 2010 Florida Building Code. If cited
section numbers are changed in subsequent editions of the code, then the section numbers shall
refer to comparable sections. Where cited, ASCE 24 refers to the edition of the standazd that is
referenced by the Florida Building Code.
Sec. 78-775. Warning. The degree of flood protection required by this article and the Florida
Building Code, as amended by the Village of Tequesta, is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can and
will occur. Flood heights may be increased by man-made or natural causes. This article does not
imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood
hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood
elevations contained in the Flood Insurance Study and shown on the Flood Insurance Rate Maps and
the requirements of Title 44 C.F.R., Sections 59 and 60 may be revised by the Federal Emergency
Management Agency, requiruig the Village of Tequesta to revise these regulations to remain eligible
for participation in the National Flood Insurance Program. No guaranty of vested use, existing use,
or future use is implied or expressed by compliance with this article.
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Sec. 78-776. Disclaimer of Liability. This article shall not create liability on the part of the
Village of Tequesta or on the part of any officer, official or employee of the Village of Tequesta
for any flood damage that results from reliance on this article or any administrative decision
lawfully made thereunder.
SECTION 2. Applicability
Sec. 78-777. General. Where there is a conflict between a general requirement and a specific
requirement, the speci�c requirement shall be applicable. Where, in any specific case,
requirements of this article conflict with the requirements of the Florida Building Code, the most
restrictive shall govern.
Sec. 78-778. Areas to which this article applies. T'his article shall apply to all flood hazard
areas within the Village of Tequesta, as established in Sec. 78-779 of this article.
Sec. 78-779. Basis for establishing flood hazard areas. The Flood Insurance Study (FIS) for
the Village of Tequesta, Palm Beach County, Florida, dated March 31, 1982, and all subsequent
amendments and revisions, and the accompanying Flood Insurance Rate Maps, and all
subsequent amendments and revisions to such maps, aze adopted by reference as a part of this
article and shall serve as the minimum basis for establishing flood hazard areas. Studies and
maps that establish flood hazard areas are on file at the office of the Village Clerk.
Sec. 78-780. Submission of additional data to establish flood hazard areas. To establish
flood hazard areas and base flood elevations, pursuant to Section 5 of this division, the
Floodplain Administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography accepted
by the community indicates that ground elevations:
1. Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard axea on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements of
the Florida Building Code.
2. Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
Sec. 78-781. Other laws. The provisions of this article shall not be deemed to nullify any
provisions of local, state or federal law.
Sec. 78-782. Abrogation and greater restrictions. This article supersedes any ordinance in
effect for management of development in flood hazard areas in the Village of Tequesta.
However, it is not intended to repeal or abrogate any existing village code including land
development regulations, zoning regulations, stormwater management regulations or the Florida
Building Code. In the event of a conflict between this article and any other village code, the
more restrictive shall govern. This article shall not impair any deed restriction, covenant or
easement, but any land that is subject to such interests shall also be governed by this article.
Sec. 78-783. Interpretation. In the interpretation and application of this article, all provisions
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shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the Village of Tequesta; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION 3. Duties and Powers of the Floodplain Administrator
Sec. 78-784. Designation. The Director of Community Development is designated as the
Floodplain Administrator for the Village of Tequesta. The Floodplain Administrator may
delegate performance of certain duties to other employees.
Sec. 78-785. General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this article. The Floodplain Administrator shall have the authority to
render interpretations of this article consistent with the intent and purpose of this article and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this article without the granting of a variance pursuant to Section 7 of
this division.
Sec. 78-786. Applications and permits. The Floodplain Administrator shall:
1. Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
2. Review applications for modification of any existing development in flood hazard azeas
for compliance with the requirements of this article;
3. Interpret flood hazard area boundaries where such interpretation is necessary to
deternune the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
4. Provide available flood elevation and flood hazard information;
5. Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
6. Review applications to determine whether proposed development will be reasonably safe
from flooding;
7. Issue floodplain development pernuts or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance with
this article is demonstrated, or disapprove the same in the event of noncompliance; and
8. Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews and inspections for building permits for buildings and
structures in flood hazard areas comply with the requirements of this article.
Sec. 78-787. Determinations for existing buildings and structures. For applications for
building permits to improve buildings and structures, including alterations, movement,
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enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations,
and any other improvement of or work on such buildings and structures, the Floodplain
Administrator, in coordination with the Building Official, shall:
l. Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and before
any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substantial improvement
or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant provisions of
the Florida Building Code and this article is required.
Sec. 78-788. Modifications of the strict application of the requirements of the Florida
Building Code. The Floodplain Administrator shall review requests submitted to the Building
Official that seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such requests
require the granting of a variance pursuant to Section 7 of this division.
Sec. 78-789. Coordination of notices and orders. The Floodplain Administrator shall
coordinate the issuance of all necessary notices or orders to ensure compliance with this article
and the flood resistant construction requirements of the Florida Building Code.
Sec. 78-790. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 6 of this division for development that is not subject to, or exempt from, the
Florida Building Code. For buildings and structures subject to the Florida Building Code, the
Building Official shall make the required inspections of structures specif'ied in Section 6 of this
division and Florida Building Code, Building Section 110. The Floodplain Administrator shall
inspect flood hazard areas to determine if development is undertaken without issuance of a
permit.
Sec. 78-791. Other duties of the Floodplain Administrator. The Floodplain Administrator
shall have other duties, including but not limited to:
1. Establish procedures for administering and documenting determinations of substantial
improvement and substantial damage made pursuant to Sec. 78-787 of this article;
2. Require that applicants proposing alteration of a watercourse notify adjacent communities
and the Florida Division of Emergency Management, State Floodplain Management
Office, and submit copies of such notifications to the Federal Emergency Management
Agency (FEMA);
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3. Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data. and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made
within 6 months of such data becoming available;
4. Review required design certif'ications and documentation of elevations specified by this
article and the Florida Building Code with this article, to determine that such
certifications and documentations are complete;
5. Notify the Federal Emergency Management Agency when the corporate boundaries of
the Village of Tequesta are modif'ied; and
6. Advise applicants for new buildings and structures, including substantial improvements
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act
of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
constxuction; areas subject to this limitation are identified on Flood Insurance Rate Maps
as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
Sec. 78-792. Floodplain management records. Regardless of any limitation on the period
required for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary for the
administration of this article and the flood resistant construction requirements of the Florida
Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of
permits and denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and documentation
of elevations specified by the Florida Building Code and this article; notifications to adjacent
communities, FEMA, and the state related to alterations of watercourses; assurances that the
flood carrying capacity of altered watercourses will be maintained; documentation related to
appeals and variances, including justif'ication for issuance or denial; and records of enforcement
actions taken pursuant to this article and the flood resistant construction requirements of the
Florida Building Code. These records shall be available for public inspection at the office of the
Community Development Director.
SECTION 4. Permits
Sec. 78-793. Permits required. Any owner or owner's authorized agent (hereinafter
"applicant") who intends to undertake any development activity within the scope of this article,
including buildings, structures and facilities exempt from the Florida Building Code, which is wholly
within or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and
approval(s). No such pernut or approval shall be issued until compliance with the requirements of
this article and all other applicable codes and regulations has been satisfied.
Sec. 78-794. Floodplain development permits or approvals. Floodplain development pernuts or
approvals shall be issued pursuant to this article for any development activities not subject to the
requirements of the Florida Building Code. Depending on the nature and extent of proposed
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development that includes a building or structure, the Floodplain Administrator may determine that a
floodplain development permit or approval is required in addition to a building permit.
Sec. 78-795. Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for the National Flood Insurance Program (44
C.F.R. Sections 59 and 60), floodplain development permits or approvals sha11 be required for
the following buildings, structures and facilities that are exempt from the Florida Building Code,
and any further exemptions provided by law, are subject to the requirements of this chapter:
1. Railroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
3. Temporary buildings or sheds used exclusively for construction purposes.
4. Mobile or modular structures used as temporary offices.
5. Those structures or facilities of electric utilities, as defined in Sec. 366.02, F.S., which are
directly involved in the generation, transmission, or distribution of electricity.
6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden hut that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non-wood features.
7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered onsite and have walls, roofs, and a floor
constructed of granite, marble or reinforced concrete.
8. Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
9. Structures identified in Sec. 553.73(10)(k), F.S., aze not exempt from the Florida
Building Code if such structures aze located in flood hazard areas established on Flood
Insurance Rate Maps.
Sec. 78-796. Application for a permit or approval. To obtain a floodplain development permit
or approval the applicant shall first file an application in writing on a form furnished by the
village. The information provided shall:
1. Identify and describe the development to be covered by the permit or approval.
2. Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan or construction documents as specified in Section 5 of this
division.
5. State the valuation of the proposed work.
6. Be signed by the applicant or the applicant's authorized agent.
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7. Give such other data and information as required by the Floodplain Administrator.
Sec. 78-797. Validity of permit or approval. The issuance of a floodplain development permit
or approval pursuant to this article shall not be construed to be a permit for, or approval of, any
violation of this article, the Florida Building Codes, or any other ordinance or code of the
Village. The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of
errors and omissions.
Sec. 78-798. Expiration. A floodplain development permit or approval shall become invalid
unless the work authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested in writing
and justifiable cause shall be demonstrated.
Sec. 78-799. Suspension or revocation. The Floodplain Administrator is authorized to suspend
or revoke a floodplain development permit or approval if the permit was issued in error, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this article or any
other ordinance, regulation or requirement of the Village.
Sec. 78-800. Other permits required. Floodplain development permits and building permits
shall include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
1. The South Florida Water Management District; Sec. 373.036, F.S.
2. The Florida Department of Health for onsite sewage treatment and disposal systems; Sec.
381.0065, F.S. and Chapter 64E-6, F.A.C.
3. The Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; Sec. 161.141, F.S.
4. The Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; Sec. 161.055, F.S.
5. The Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers;
Section 404 of the Clean Water Act.
SECTION 5. Site Plans and Construction Documents
Sec. 78-801. Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this article shall be drawn to scale
and shall include, as applicable to the proposed development:
1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s) and ground elevations if necessary for review of the proposed development.
2. Where flood hazard areas, base flood elevations, or floodway data are not included on the
FIRM or in the Flood Insurance Study, they shall be established in accordance with Sec.
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78-802 of this article.
3. Where the parcel on which the proposed development will take place will have more than
50 lots or is larger than 5 acres and the base flood elevations are not included on the
FIRM or in the Flood Insurance Study, such elevations shall be established in accordance
Sec. 78-802 (1) or (2) of this article.
4. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of inean high tide.
5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
7. Delineation of the Coastal Construction Control Line or notation that the site is seaward
of the Coastal Construction Control Line, if applicable.
8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
9. Existing and proposed aligrunent of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data not required to be prepared by a registered design professional if it is
found that the nature of the proposed development is such that the review of such submissions is
not necessary to ascertain compliance with this article.
Sec. 78-802. Information in flood hazard areas without base flood elevations (approximate
Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data
have not been provided, the Floodplain Administrator shall:
1. Obtain, review, and provide to applicants base flood elevation data available from a
federal or state agency or other source or require the applicant to obtain and use base
flood elevation data available from a federal or state agency or other source; or
2. Where base flood elevation and floodway data are not available from another source,
where the available data is deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data is known to be scientifically or
technically incorrect or otherwise inadequate:
a. Require the applicant to develop base flood elevation data prepared in
accordance with currently accepted engineering practices; or
b. Specify the base flood elevation is two (2) feet above the highest adjacent
grade at the location of the development, provided there is no evidence
indicating flood depths have been or may be greater than two (2) feet.
3. Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida
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licensed engineer in a format required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
Sec. 78-803. Additional analyses and certifications. As applicable to the location and nature
of the proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses prepared, signed and sealed by a Florida licensed
engineer for submission with the site plan and construction documents:
1. For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as speci�ed in Sec. 78-803 of this article
and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the
site plan and construction documents.
2. For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, a floodway encroachment analysis which
demonstrates that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazazd area encroachments, will not increase
the base flood elevation more than one (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of the
altered or relocated portion of the watercourse will not be decreased, and certification that
the altered watercourse shall be maintained in a manner which preserves the channel's
flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in
Section 78-804 of this article.
4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard
areas (Zone V), an engineering analysis that demonstrates that the proposed alteration
will not increase the potential for flood damage.
Sec. 78-804. Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by
a Florida licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
SECTION 6. Inspections
Sec. 78-805. General. Development for which a permit or approval is required shall be subject
to inspection.
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Sec. 78-806. Development other than buildings and structures. The Floodplain Administrator
shall inspect all development to determine compliance with the requirements of this article and
the conditions of issued floodplain development permits or approvals.
Sec. 78-807. Buildings and structures. The Building Official shall inspect buildings and
structures subject to the Florida Building Code to deterniine compliance with the flood load and
flood resistant construction requirements of issued building permits and the Florida Building
Code. The Floodplain Administrator sha11 inspect buildings and structures exempt from the
Florida Building Code to determine compliance with the requirements of this article and the
conditions of issued floodplain development permits or approvals.
Sec. 78-808. Buildings and structures and facilities exempt from the Florida Building Code,
lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building or structure exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
1. If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
2. If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Sec. 78-802 of this article, the documentation of height of
the lowest floor above highest adjacent grade, prepazed by the owner or the owner's
authorized agent.
Sec. 78-809. Buildings and structures exempt from the Florida Building Code, final
inspection. As part of the final inspection, the owner or owner's authorized agent shall submit
to the Floodplain Administrator a fmal certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Sec. 78-808 of this article.
Sec. 78-810. Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with the
requirements of this article and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted to the
Floodplain Administrator.
SECTION 7. Variances and Appeals
Sec. 78-811. General. Pursuant to section 553.73(5), F.S., the Board of Adjustment shall hear
and decide on requests for appeals and requests for variances from the strict application of the
requirements of this article and the flood resistant construction requirements of the Florida
Building Code. This section does not apply to Section 3109 of the Florida Building Code,
Building.
Sec. 78-812. Appeals. The Board of Adjustment shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator or the Building Official in the administration and enforcement of this article or the
12
flood load and flood resistant construction requirements of the Florida Building Code. Any
person aggrieved by the decision of the Board of Adjustment may appeal such decision to the
Circuit Court, as provided by Florida Statutes.
Sec. 78-813. Limitations on authority to grant variances. The Board of Adjustment shall base
its decisions on variances on technical justifications submitted by applicants, the considerations
for issuance in Sec. 78-817 of this article, the conditions of issuance set forth in Sec. 78-818 of
this article, and the comments and recommendations of the Floodplain Administrator and the
Building Official. The Board of Adjustment has the right to attach such conditions as it deems
necessary to further the purposes and objectives of this article.
Sec. 78-814. Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would result, as evidenced by
the applicable analyses and certifications required in Sec. 78-803 of this article.
Sec. 78-815. Historic buildings. A vaziance is authorized to be issued for the repair,
improvement, or rehabilitation of a historic building that is determined eligible for the exception
to the flood resistant construction requirements of the Florida Building Code, Existing Building,
Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or
rehabilitation will not preclude the building's continued designation as a historic building and the
variance is the minimum necessary to preserve the historic character and design of the building.
If the proposed work precludes the building's continued designation as a historic building, a
variance sha11 not be granted and the building and any repair, improvement, and rehabilitation
shall be subject to the requirements of the Florida Building Code.
Sec. 78-816. Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally dependent
use, as defined in this chapter, provided the variance meets the requirements of Sec. 78-814 of
this article, is the minimum necessary considering the flood hazard, and all due consideration has
been given to use of inethods and materials that minimize flood damage during occurrence of the
base flood.
Sec. 78-817. Considerations for issnance of variances. In reviewing requests for variances, the
Board of Adjustment shall consider all technical evaluations, all relevant factors, all other
applicable provisions of the Florida Building Code, this chapter, and the following:
1. The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
4. The importance of the services provided by the proposed development to the village;
5. The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
13
6. The compatibility of the proposed development with existing and anticipated
development;
7. The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
8. The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
10. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
Sec. 78-818. Conditions for issuance of variances. Variances shall be issued only upon:
1. Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site render any provision of
this article or the elevation standards of the Florida Building Code inappropriate;
2. Determination by the Board of Adjustment that:
a. Failure to grant the variance would result in exceptional hazdship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with existing local laws and
ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford
relief;
3. Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
4. If the request is for a variance to allow construction of the lowest floor of a building, or
substantial improvement of a building, below the elevation required by the Florida
Building Code or required by this article, a copy in the record of a written notice from the
Floodplain Administrator to the applicant for the variance, specifying the difference
between the base flood elevation and the proposed elevation of the lowest floor, stating
that the cost of federal flood insurance will be commensurate with the increased risk
resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of
insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
SECTION 8. Violations
Sec. 78-819. Violations. Any construction or development in a flood hazard area that is
14
performed without an issued permit, that is in conflict with an issued permit, or that does not
fully comply with this article or the Florida Building Code, as applicable, shall be deemed a
violation of this article. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required by
this article or the Florida Building Code is presumed to be a violation until such time as that
documentation is provided.
Sec. 78-820. Aut6ority. For development that is not within the scope of the Florida Building
Code but that is regulated by this article and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
Sec. 78-821. Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is directed
to perform to remove or remedy a violation or unsafe condition, shall be subject to code
enforcement and penalties as set forth in Chapter 162 F.S., Part I, and Chapter 2 of the Village's
code.
Secs. 78-822 — 78-829. Reserved.
DIVISION 2. DEFINITIONS
SECTION 1. General
Sec. 78-830. Terms de�ned in the Florida Building Code. Where terms are not defined in this
article and are defined in the Florida Building Code, such terms shall have the meanings ascribed
to them in that code.
Sec. 78-831. Terms not defined. Where terms are not defined in this article or the Florida
Building Code, such terms sha11 have ordinarily accepted meanings such as the context implies.
SECTION 2. Defmitions
Sec. 78-832. Definitions. Unless otherwise expressly stated, the following words and terms
shall, for the purposes of this article, have the meanings shown in this section.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator or Building Official's
interpretation of any provision of this article or a request for a variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
15
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the
"100-year flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.]
Building Official. The officer or other designated authority, or a duly authorized representative,
charged with the administration and enforcement of the Florida Building Code, within the
Village of Tequesta. [Also defined in FBC, B, Section 1612.2.]
Building permit. An official document or certificate issued by the building ofFcial which
authorizes performance of specific activities that are determined to be compliant with the Florida
Building Code.
Coastal construction control line. The line established by the State of Florida pursuant to Sec.
161.053, F.S., and recorded in the official records of the village, which defines that portion of the
beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves
or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primazy frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave action" or "V Zones" and are designated on
Flood Insurance Rate Maps (FIRM) as Zone V 1-V30, VE, or V. [Note: The FBC,B defines and
uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the
term "coastal high hazard areas."]
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
1. Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. T'he elevation of the "design flood," including wave height, relative to
the datum specified on the village's legally designated flood hazard map. In areas designated as
Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]
16
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations,
drilling operations or any other land disturbing activities.
Encroachment. The advancement or infringement of fill, excavation, buildings, perxnanent
structures or other development into a flood hazard area which may impede or alter the flow
capacity of riverine flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before June 11, 1971. [Also defined in FBC, B, Section 1612.2.]
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or tlooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
2. The area designated as a flood hazard area on the village's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRl�. The official map of the village on which the Federal
Emergency Management Agency has delineated both special flood hazazd areas and the risk
premium zones applicable to the village. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The ofFicial report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this article (may be referred to as the Floodplain Manager).
Floodplain development permit or approval. An official document or certificate issued by the
17
floodplain administrator, or other evidence of approval or concurrence, which authorizes
performance of specific development activities that are located in flood hazard areas and that aze
determined to be compliant with this article.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida
Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code,
Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic
Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazazd area.
Letter of Ma� Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Mav Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
village's floodplain management regulations.
18
Conditional Letter of Man Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,5(� pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal axea of 45 square feet or less, which is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
3. Available with special features enabling off-street or off-highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfuushed or flood-resistant enclosure, usable solely for vehicle
parking, building access or limited storage provided that such enclosure is not built so as to
render the structure in violation of the Florida Building Code or ASCE 24. [Also defined in
FBC, B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a"recreational
vehicle" or "park trailer." [Also defined in 15G1.0101, F.A.C.]
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this article, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Value (replacement cost
depreciated for age and quality of construction), or tax assessment value adjusted to approximate
market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this article and the building code,
structures for which the "start of construction" commenced on or after the clate of the effective
date of the village's initial FIRM or after June 11, 1971, whichever is later, and includes any
subsequent improvements to such structures.
Nonresidential. Any building or structure or portion thereof that is not classified residential in
accordance with the Florida Building Code, Building (Residential Group R or Institutional
Group I) and ASCE 24. [Also see definition in ASCE 24.]
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
19
Special tlood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas aze shown on FIRMs as Zone A, AO,
A1-A30, AE, A99, AH, V 1-V30, VE or V. The term also includes areas shown on other flood
hazard maps, if such maps are adopted by the Village of Tequesta or otherwise legally
designated. [Also defined in FBC, B Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before-damaged condition would equal or exceed
50 percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial improvement
regardless of the actual repair work performed. The term does not, however, include either:
[Also defined in FBC, B, Section 1612.2.]
1. Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure and the alteration is approved by
variance issued pursuant to this article.
Variance. A grant of relief from the requirements of this article, or the flood load and flood
resistant construction requirements of the Florida Building Code, which pernuts construction in
a manner that would not otherwise be permitted by this article or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
20
DIVISION 3. FLOOD RESISTANT DEVELOPMENT
SECTION 1. Buildings and Structures
Sec. 78-833. Design and construction of buildings and structures exempt from the Florida
Building Code. Pursuant to Sec. 78-795 of this article, buildings, structures, and facilities that are
exempt from the Florida Building Code, including substantial improvement or repair of substantial
damage of such buildings, structures and facilities, shall be designed and constructed in accordance
with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt
from the Florida Building Code that are not walled and roofed buildings sha11 comply with the
requirements of Section 6 of this division.
Sec. 78-834. Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also located, in
whole or in part, in a flood hazard area:
1. Buildings and structures sha11 be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Sec. 3109 and
Section 1612 or Florida Building Code, Residential Sec. R322.
2. Minor structures and non-habitable major structures as defined in Sec. 161.54, F.S., shall be
designed and constructed to comply with the intent and applicable provisions of this article
and ASCE 24.
SECTION 2. Subdivisions
Sec. 78-835. Minimum requirements. Subdivision proposals shall be reviewed to determine
that:
1. Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems aze located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards. In Zones AH and
AO, adequate drainage paths sha11 be provided to guide floodwaters around and away
from proposed structures.
Sec. 78-836. Subdivision plats. Where any portion of a proposed subdivision lies within a flood
hazard area, the following shall be required:
1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood
elevations, as appropriate, shall be shown on preliminary plats and final plats;
2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the information requireci in Sec. 78-802 of this
article; and
3. Compliance with the site improvement and utilities requirements of Sec. 78-838 through
21
Sec. 78-843 of this chapter.
SECTION 3. Site Improvements, Utilities and Limitations
Sec. 78-837. Minimum requirements. All proposed new development sha11 be reviewed to
determine that:
1. Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards. In Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
Sec. 78-838. Sanitary sewage facilities. All new and replacement sanitary sewage facilities,
private sewage treatment plants (including all pumping stations and collector systems), and on-
site waste disposal systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or
eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood
waters, and impairment of the facilities and systems.
Sec. '78-839. Water supply facilities. All new and replacement water supply facilities sha11 be
designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C.
and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
Sec. 78-840. Limitations on sites in regulatory floodways. Development, site improvements,
and land disturbing activity involving fill or regrading shall not be authorized in the regulatory
floodway unless the floodway encroachment analysis required in Sec. 78-803 of this article
demonstrates that the proposed development or land disturbing activity will not result in any
increase in the base flood elevation.
Sec. 78-841. Limitations on placement of fill. Subject to the limitations of this article, fill shall
be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only), fill
shall comply with the requirements of the Florida Building Code.
Sec. 78-842. Limitations on sites in coastal high hazard areas (Zone V). In coastal high
hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such
alteration is approved by the Florida Department of Environmental Protection and only of the
engineering analysis required by Sec. 78-803(4) of this article demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structures shall comply with Sec. 78-861 of this article.
22
SECTION 4. Manufactured Homes
Sec. 78-843. General. All manufactured homes installed in flood hazard areas shall be installed
by an installer that is licensed pursuant to Sec. 320.8249, F.S., and sha11 comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this article.
Sec. 78-844. Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
1. In flood hazards areas (Zone A) other than coastal high hazard areas, are designed in
accordance the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this article.
2. In coastal high hazazd areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this article.
Sec. 78-845. Anchoring. All new manufactured homes and replacement manufactured homes
shall be installed using methods and practices which minimize flood damage and shall be
securely anchored to an adequately anchored foundation system to resist flotation, collapse or
lateral movement. Methods of anchoring include, but aze not limited to, use of over-the-top or
frame ties to ground anchors. This anchoring requirement is in addition to applicable state and
local anchoring requirements for wind resistance.
Sec. 78-846. Elevation. Manufactured homes that are placed, replaced, or substantially improved
shall be elevated such that the bottom of the frame is at or above the elevation required, as
applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2
(Zone A) or Section R322.3 (Zone V).
Sec. 78-847. Enclosures. Fully enclosed areas below elevated manufactured homes shall comply
with the requirements of the Florida Building Code, Residential Section R322 for such enclosed
areas, as applicable to the flood hazard area.
Sec. 78-848. Utility equipment. Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities, shall comply with the requirements of the Florida Building Code, Residential Section
R322, as applicable to the flood hazard area.
SECTION 5. Tanks
Sec. 78-849. Underground tanks. Underground tanks in flood hazard areas shall be anchored
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is empty.
Sec. 78-850. Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of Sec. 78-850 of this article shall:
1. Be pernutted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming
23
the tank is empty and the effects of flood-borne debris.
2. Not be permitted in coastal high hazazd areas (Zone V).
5ec.78-851. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
attached to, and elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the design flood.
Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
Sec. 78-852. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
1. At or above the design flood elevation or fitted with covers designed to prevent the
inflow of floodwater or outflow of the contents of the tanks during conditions of the
design flood; and
2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
SECTION 6. Other Development
Sec. 78-853. General requirements for other development. All development, including man-
made changes to improved or unimproved real estate for which specific provisions are not
specified in this ordinance or the Florida Building Code, shall:
1. Be located and constructed to minimize flood damage;
2. Meet the limitations of Sec. 78-841 of this article if located in a regulated floodway;
3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
4. Be constructed of flood damage-resistant materials; and
5. Have mechanical, plumbing, and electrical systems above the design flood elevation,
except that minimum electric service required to address life safety and electric code
requirements is permitted below the design flood elevation provided it conforms to the
provisions of the electrical part of building code for wet locations.
Sec. 78-854. Fences in regulated tloodways. Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,
shall meet the limitations of Sec. 78-841 of this article.
Sec. 78-855. Retaining walls, sidewall�s and driveways in regulated floodways. Retaining
walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall
meet the limitations of Sec. 78-841 of this article.
Sec. 78-856. Roads and watercourse crossings in regulated floodways. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means
for vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the limitations of Sec. 78-841 of this article.
Alteration of a watercourse that is part of a road or watercourse crossing shall meet the
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requirements of Sec. 78-803 of this article.
Sec. 78-857. Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In
coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings
and structures provided the concrete slabs are designed and constructed to be:
1. Structurally independent of the foundation system of the building or structure;
2. Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
3. Have a maximum slab thickness of not more than four (4) inches.
Sec. 78-858. Decks and patios in coastal high hazard areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be
located, designed, and constructed in compliance with the following:
1. A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
2. A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings and structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to adjacent elevated buildings and structures.
3. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage sha11
not be approved unless an analysis prepared by a qualified registered design professional
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to adjacent buildings and structures.
4. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
Sec. 78-859. Other development in coastal high hazard areas (Zone V). In coastal high
hazard areas, development activities other than buildings and structures shall be pernutted only if
authorized by the appropriate state or local authority; if located outside the footprint of, and not
structurally attached to, buildings and structures; and if analyses prepared by qualified registered
design professionals demonstrate no hartnful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent elevated buildings and structures. Such other
development activities include but are not limited to:
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1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function
to avoid obstruction of floodwaters; and
3. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
Sec. 78-860. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard
areas:
1. Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
3. Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification
of the diversion of floodwater or wave runup or wave reflection if the scale and location
of the dune work is consistent with local beach-dune morphology and the vertical
clearance is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any pazagraph, sentence or word be declazed by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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