Fort Walton Beach Ordinance — 1126--Flood Damage Prevention — reading text

1126 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER RELATING TO FLOOD DAMAGE PREVENTION; AMENDING CHAPTER 262, EMERGENCY MANAGEMENT AGENCY, AMENDING SECTION 262.05, PROVIDING FOR DUTIES OF THE DIRECTOR OF EMERGENCY MANAGEMENT; ADDING SECTION 262.10 PROVIDING FOR POST-DISASTER REDEVELOPMENT PROVISIONS; REPEALING EXISTING CHAPTER 1412, FLOODPLAIN REGULATIONS OF THE CODIFIED ORDINANCES OF THE CITY OF FORT WALTON BEACH; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR STATEMENT OF PURPOSE; PROVIDING FOR OBJECTIVES; PROVIDING FOR DEFINITIONS; PROVIDING FOR LANDS TO WHICH THIS ORDINANCE APPLIES; PROVIDING FOR BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING FOR INTERPRETATION; PROVIDING FOR WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR DESIGNATION OF CITY MANAGER OR HIS DESIGNEE; PROVIDING FOR PERMIT PROCEDURES ; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE CITY MANAGER OR HIS DESIGNEE; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING FOR GENERAL STANDARDS; PROVIDING FOR SPECIFIC STANDARDS; PROVIDING FOR STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS OR FLOODWAYS; PROVIDING FOR STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WOW, THEREFORE, BE IT ORDAINED SY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLCWS: SECTION I. Chapter 262, EMERGENCY MANAGEMENT AGENCY, Section 262.05, DUTIES OF DIRECTOR OF EMERGENCY MANAGEMENT, of the Codified Ordinances of the City of Fort Walton Beach, Florida is hereby amended to read as Follows: 262.05 DUTIES OF DIRECTOR BHERGENCY MANAGEHENT. The Director of Emergency Management shali be charged with the preparation of the emergency operations plan for the City, together with such other duties as the Fort Walton Beach Emergency Nanagement Agency may prescribe. Specific duties of the Enerrency Manerenment Director shall include: a) The City's Emergency Management Director will maintain an inventory of areas within the City which have experienced repeated damage from coastal storiis. b) The City's Emergency Management Director shail make recommendations to the City Council, as needed, regardiny comprehensive pian and ordinance anendments to ensure consistency with the hazard mitigation annex of the local peace time emerpency plans and applicable existing interagency mitigation reports. (Comprehensive Plan 2000, Policies 10.A.2.3(a), 11.A.8.4, 11.4.0.5, 11.4.8.6) SECTION II. Chapter 262, EMERGENCY MANAGEMENT AGENCY, of the Codified Ordinances of the City of Fort Walton Beach, Florida is hereby arended by adding Section 262.10 Post Disaster Development, as follows: LITHO BY VITRO PRESS io) 949 41 POST-RISASTER REDEVELOP! 252,10 POST-BISASTER REDEVELOP: &)} Immediate recovery actions needed to srotect the public health and safery shall take priority in permitting decisions following hurricane gtorm events. “prehensive Plan 2000, Policy 11.A.&.73 EE rebuilt, structur 1 their appraised va 1 be rebuilt in eceordance with all current and applicable Land use and bu (Conprehensive Plan 2000, Policy 11.4.0.7) o ad | ag which suffer damace in excess of 50 of + a ildins code recuirements. SECTION Til. Chapter 1412, Floodple Qcdinanees of the Ci is attached hereto and made a part by references is hereby repealed. k > y i in Regulations, of the Codified a ty of Port Walton Beach, Plovida; a copy of 4 IV. Chapter 1412, ad es of the City of Port alton Beach, ARTICLE 1. Statutory Author: don, Findi Purpose, Objectives and Declaration of Emer: kb J SECTION A. Statutory Authorization. The Legislature of the State of Tv? Laity he i tL fd local. governmental units promote 4 a Lorida has in 166.021, Plorida statutes, Gélesated the responsivil (6) ia t i vupblic health, safety and Fact. areas of the City of Fert Walton Beach are subject to periodic inundation which results in loss of life and property, health end safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for Flood srotaction | nd voliee, end iipaicment of the tax base, ail of which adversely affect the public health, safety and general ese Flood losses caused by the cumulative obstructions in floodpie causing inereases in Flood velocities, and by the occupancy it | hanard areas by uses vulnerable to floods or hazardous lands which are inadequately elevated, floodproofed, ov othervise unprotected From Flood damages. SECTION C. Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize pape and private losses due to fleod conditions in specific areas by provis (1) ibit uses which are danperous to health, safety to water or erosion hazards, or which result in ocion or in flood heights or velocities; vulnerable to Floods, inciuding facilities which such uses, be protected ay initial construction; (3) Control the elteration of natural floodplains, etreaa channels and Fa or he ol rt wm be omy Se, ainst Flood Be at tae time or natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may inmerease erosion or flood damarce, and: (5) Prevent or crepulate the construction of Flood | unnaturally divert flood waters or which may “Unerease flood hazards to other lands. SECTION D. Objectives. The Objectives of this Chapter are: (1) To protect human Life and health; (2) To minimize expenditures of public money for costiy flood control projects. (3) To minimize the need for rescue and relief efforts associated with Flooding and generally undertaken at the expense of the general public; (4) To mininize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sever line, streets and bridges located in floodplains; (6) To help maintain a stable tax base by providing for the sound use and development of flcod prone areas in such a manner as to minimize flood blight areas, and; (7) To insure that potential home buyers are notified that property is in a flood area. ARTICLE 2. Definitions. for the purpose of this Chapter the following terms, phrases, words, abbreviations and their derivations shail have the following meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the singular number include the plural number. The words "shall" is always mandatory and not terely directory. Words not defined shail be given their common and ordinary weaning, or for those so included, the meaning found in Section 202.02 of the Codified Ordinance of the City. (1) "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common jloadbearing Wall other than a fire wall. Any walled and roofed addition which is connected by a fire wail or is separated by independent perimeter loadbearing walls is new construction. (2) "Appeal" means a request for a review of the Planning and Zoning Department's interpretation of of any provision of this ordinance or a request for a variance. (3) “Area of Shallow Flooding" means a designated AO or VO Zone on a Community's Flood Insurance Rate Hap (FIR) with base flood depths from one (1) to three (3) feet where a cleariy defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. (4) “Area of Special Flood Hazard" is the land in the floodplain within a@ community subject to a one (1) percent chance of being equaled or exceeded in any given year. (5) "Base Flood" means the flood having a one (1) percent chance of being equaled or exceeded in any given year. (6) “Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. (7) "Breakaway Wall" weans a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation systeu. "Building" means any structure built for support, shelter or enclosure for any occupancy or storage. (9) "Coastal High Hazard Area" means the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRE as ZONE Vi - 30, VE or V. (10) "Development" means any man made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, xcavating, drilling operations or permanent storage of materials. (11) "Elevated Building" means a non-basement building built tc have tne lowest floor elevated sbove the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls. os oO ww (12) (14) (15) (17) (18) (19) (20) (21) (22) (23) (24) "Existing Construction" means any structure for which the "start of construction" commenced (before the effective date of the first floodplain management code, ordinance or standard based upon specific technical base flood elevation data which establishes the area of special flood hazard) or (specific date). "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland or tidal waters: (b) the unusual and rapid accumulation or runoff or surface waters from any source. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. "Flood Insurance Rate Nap (FIRM)" means an official map of a community, on whicn the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Nap and the water surface elevation of the base Flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Floor" means the top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. "Functionally Dependent Facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The teri: does not include long term storage, manufacture, sales or service facilities. "Highest Adjacent Grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purposes of this Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD). “Nanufactured Home" means a structure, transportable in one or more