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

i.e. within the 100-year floodplain. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. "Flood Insurance Rate Map (FIRM)" méans an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. ~- "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. "Floodplain" means any normally dry land area that is susceptible to being inundated by waters of the one percent annual chance flood, i.e. the 100-year flood. "Floodproofing" means a combination of structural and/or non- structural additions, changes or adjustments to properties or. structures subject to flooding, which will reduce or eliminate flood damage to properties, water and sewer facilities, structures and the contents of buildings. ° "Floor" means the top surface of an enclosed area in a building (including the basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. The word does not include the floor of a garage used solely for ‘parking vehicles. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Lowest floor" means the lowest floor of the lowest enclosed area (including the basement). An unfinished or _ flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not con- sidered the lowest floor of a building, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. "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 floodplain. - 1987 Replacement 1412.02 BUILDING AND HOUSING CODE ; 24 —, (23) (24) (25) (26) (27) (28) (29) (30) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "National Geodetic Vertical Datum (NGVD)," as corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter (Ordinance 816, passed March 12, 1985)... "Person" means any individual or group of individuals, corpora- tion, partnership, association or any other organized group of -persons, including state and local governments and the agencies thereof. "Regulatory flood" means a flood event having a one percent chance of occurring in any given year, although the flood may occur in any year, i.e. the 100-year flood. "Start of construction" (for other than new constructuion or sub- stantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manu- factured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank or other man-made facilities or infrastructures. "Substantial improvement" means any combination of repairs, reconstruction, alteration or improvements to a structure, taking place during the life of a structure, in: which the cumulative cost equals or exceeds fifty percent of the market value of the struc- ture. The market value-of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement, or, in the case of damage, the value of the struc- ture prior to the occurrence of damage. For the purposes of this 1987 Replacement 25 Floodplain Regulations . 1412.03 definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, Sanitary or safety code specifications which are solely necessary to assure safe living conditions. (31) "Variance" means a grant of relief to a person from the require- ments of this chapter, as provided in Section 1412.10, which per- mits construction in a manner otherwise prohibited by this chap- ter, where specific enforcement would result in unnecessary hardship. . (Ord. 910. Passed 11-11-86.) >: 1412.03 APPLICATION OF CHAPTER; FLOOD MAP; DISTRICT BOUNDARIES; COMPLIANCE. (a) Lands to Which Chapter Applies. This chapter shall apply to all _ lands within the jurisdiction of the City that are depicted on the Official Flood Map as being a Flood Hazard District or Zone A and a coastal high- hazard district or Zone V. Uses permitted within the underlying districts are permitted, provided that they meet the requirements of this chapter. (b) Establishment of Official Flood Map. The Official Flood Map of the City shall be the latest Flood Insurance Rate Map, with all explanatory matter or material attached thereto, prepared and published by the Federal Emergency Management Agency and adopted by resolution of Council. (ec) Determination of District Boundaries. The boundaries of the Flood Hazard District shall be determined by scientific and engineering studies ~ prepared by the Federal Emergency Management Agency. Boundaries for construction or use restrictions set forth within this chapter shall be determined by scaling distances on the Map. Where interpretation is needed in order to allow a surveyor to locate the exact boundaries of the District as shown on the Map, the City Manager shall initially make the necessary interpretation based on flood profile information. The decision of the City Manager shall be subject to appeal to the Board of Adjustment in accordance with Section 1412.04(e). (Ord. 816. Passed 3-12-85.) (d) Compliance. No structure or land shall hereafter be located, ex- tended, converted or structurally altered without full compliance with this chapter and other applicable regulations. 1987 Replacement ’ 1412.04 BUILDING AND HOUSING CODE 26 Ce) Interpretation; Conflicts. (1) This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. How- ever, where this chapter and another provision of law con- flict or overlap, whichever imposes the more stringent re- striction shall prevail. (2) In the interpretation and application of this chapter, all pro- visions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the City; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. (f) Warning and Disclaimer of Liability. The degree of*flood protec- tion required by this chapter is considered reasonable for regulatory pur- poses and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that areas outside the Flood Hazard District boundaries or land uses permitted within such District will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, or any officer or employee thereof, for any flood damage that results from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 658. Passed 17-27-76.) 7 1412.04 ADMINISTRATION. (a) City Manager's Duties. Pursuant to State law, the City has ap- pointed a City Manager who meets the professional qualifications of the City. Such City Manager is hereby charged with the responsibility for im- plementing the elevation and floodproofing provisions of this chapter and shall have such other duties as are assigned to him or her under. this chapter. ‘ (b) Building Permits. (1) A building permit issued by the Building Inspector, in con- formity with this chapter, shall be obtained prior to the erection, addition or alteration of any building or structure or portion thereof, prior to the change of use of a building, structure or land, and prior to the change or extension of a nonconforming use. (Ord. 658. Passed 7-27-76.) (2) An application for a building permit for all new and substan- tially improved structures shall be made to and verified and recorded by the Building Inspector on forms furnished by him or her and shall include, but not be limited to, the fol- lowing, where applicable: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill 1987 Replacement _ 26A Floodplain Regulations . 1412.04 (3) (4) (5) (6) (7) and storage of materials; and the location of drainage facil- ities, the regulatory flood protection elevation and any appli- cable Flood Hazard District, in relation to mean sea level. Floodproofing certificates of elevations and/or plans showing such elevations shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. In coastal hazard areas, certifications shall be obtained from a registered professional engineer or architect showing that the structure is designed to be securely anchored to adequately anchored pilings or columns to withstand velocity waters and hurricane wave wash. In coastal high hazard areas, the Building Inspector shall review plans for adequacy of breakaway walis in accordance with Section 1412.09. The Building Inspector will review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. The Building Inspector will ensure that the development is constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. The Building Inspector will review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether or not the developments