§ 8.5-5. Provisions for flood hazard reduction.

(a)

General standards. In all areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding, and meet the following provisions:

(1)

New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(3)

New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;

(4)

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;

(6)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

(7)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

(8)

Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter;

(9)

Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter, shall be undertaken only if said non-conformity is not furthered, extended, or replaced;

(10)

All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Floodplain Administrator along with the application for development permit. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to, the following:

a.

South Florida Water Management District: in accordance with F.S. ch. 373.036, Section (2)(a)—Flood Protection and Floodplain Management;

b.

Department of Community Affairs: in accordance with F.S. ch. 380.05, Areas of Critical State Concern, and F.S. ch. 553, part IV, Florida Building Code;

c.

Department of Health: in accordance with F.S. ch. 381.0065, Onsite Sewage Treatment and Disposal Systems; and

d.

Department of Environmental Protection, Coastal Construction Control Line: in accordance with F.S. ch. 161.053, Coastal Construction and Excavation.

(11)

Standards for subdivision proposals and other new proposed development (including manufactured homes):

a.

Such proposals shall be consistent with the need to minimize flood damage;

b.

Such shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; and

c.

Such proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(12)

When proposed new construction and substantial improvements are partially located in an area of special flood hazard, the entire structure shall meet the standards for new construction.

(13)

When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevations, the entire structure shall meet the standards for the most hazardous flood hazard risk zone and the highest base flood elevation.

(b)

Specific standards. In all A zones where base flood elevation data have been provided (Zones AE, A1—30, A (with base flood elevation), and AH), as set forth in section 8.5-3(b), the following provisions, in addition to those set forth in section 8.5-5(a), shall apply:

(1)

Residential construction. All new construction and substantial improvement of any residential building shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, there must be a minimum of two openings on different sides of each enclosed area sufficient to facilitate automatic equalization of flood hydrostatic forces in accordance with standards of section 8.5-5(b)(3).

(2)

Non-residential construction. All new construction and substantial improvement of any commercial, industrial, or non-residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. All buildings located in A zones may be floodproofed, in lieu of being elevated, provided that all areas of the building components, together with attendant utilities and sanitary facilities, below the base flood elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied using the FEMA Floodproofing Certificate. Such certification along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the Floodplain Administrator.

(3)

Enclosures below the lowest floor. New construction and substantial improvements that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

a.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet or exceed the following minimum criteria:

1.

Provide a minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2.

The bottom of all openings shall be no higher than one foot above adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic flow of floodwaters in both directions.

b.

Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and building access. Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator); and

c.

The interior portion of such enclosed area shall not be finished or partitioned into separate rooms.

(4)

Standards for waterways with established base flood elevations, but without regulatory floodways. Located within the areas of special flood hazard established in section 8.5-3(b), where streams exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (Zones AE and A1—30), the following provisions, in addition to those set forth in section 8.5-5(b)(1) through (5), shall apply:

a.

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development including fill shall be permitted within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community.

b.

Development activities which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies—with the community's endorsement—for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency (FEMA).

(5)

Standards for waterways with established base flood elevations and floodways. Located within areas of special flood hazard established in section 8.5-3(b), are areas designated as floodways. Since the floodway is an extremely hazardous area due to the high velocity of flood waters which carry debris, potential projectiles and have significant erosion potential, the following provisions, in addition to those set forth in section 8.5-5(b)(1) through (5), shall apply:

a.

Prohibit encroachments, including fill, new construction, substantial improvements and other developments within the regulatory floodway unless certification (with supporting technical data) by a registered professional engineer is provided through hydrologic and hydraulic analyses performed in accordance with standard engineering practice demonstrating that encroachments would not result in any increase in flood levels during occurrence of the base flood discharge.

b.

Development activities including new construction and substantial improvements within the regulatory floodway that increase the base flood elevation may be allowed, provided that the developer or applicant first applies—with the community's endorsement—for a conditional FIRM revision, and receives the approval of FEMA.

c.

When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodway, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood in accordance with section 8.5-5(b)(5)a.

(6)

For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor of all new construction and substantial improvements shall be elevated to no lower than the 100-year flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with section 8.5-3(b), whichever is higher. All non-elevation design requirements of section 8.5-5(b) shall apply.

(c)

Standards for coastal high hazard areas (V zones). Located within areas of special flood hazard established in section 8.5-3(b) are Coastal High Hazard Areas, designated as Zone VE (with BFE). The following provisions shall apply:

(1)

Meet the standards of section 8.5-4(a), and section 8.5-5(a), (b) (except (b)(6)), (c) and (d).

(2)

All new construction and substantial improvements in Zone VE (with BFE) shall be elevated on pilings or columns so that:

a.

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to no lower than the base flood elevation whether or not the structure contains a basement; and

b.

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards.

c.

For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the 100-year flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is the higher.

(3)

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section.

(4)

Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information.

(5)

All new construction and substantial improvements shall be located landward of the reach of mean high tide.

(6)

Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

a.

Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

b.

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 (structural and nonstructural). The water loading shall be those values associated with the base flood. The wind loading values shall be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards.

c.

Such enclosed space shall be useable solely for parking of vehicles, building access, or storage.

(7)

Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on site or other properties.

(8)

Prohibit man-made alteration of sand dunes and mangrove stands that would increase potential flood damage.

(9)

For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is higher. All non-elevation design requirements section 8.5-5(e)(2) through (10) shall apply.

(10)

When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in coastal high hazard area, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood nor cause any adverse impacts to the structure on site or other properties by wave ramping or deflection.

(Ord. No. 2009-538, § 3, 11-17-09)