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

described in such proposals will be reasonably safe from flooding. If a proposed subdivision or other proposed new development is in a flood-prone area, any proposal for the same shall be reviewed to ensure that all such proposals are consistent with the need to minimize flood damage in the flood-prone area, that all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and that adequate drainage is provided to reduce exposure to flood hazard. When base flood elevation data have not been provided in accordance with Section 1412.03, the City Engineer shall ob- tain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Section 1412.08. Such application shall be acted upon and notice given to the applicant within ten days. Where interpretation is needed as to the exact location of ‘boundaries of the area of special flood hazard, the Building Inspector shall make the necessary interpretations. Any appeal of the denial of an application for a building permit must be made to the Board of Adjustment within thirty days of notice of the denial to the applicant. 1987-A Replacement 1412.04 BUILDING AND HOUSING CODE : 26B (8) Approval of an application shall result in the issuance of a building permit. C{Ord. 816. Passed 3-12-85; Ord. 910. Passed 11-11-86; Ord. 968. Passed 11-24-87.) (c) Construction and Use to be as Provided in Application, Plans and Permits. Building permits or special exception permits issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no 1987-A Replacement > | 27 Floodplain Regulations ; 1412.04 . other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, enjoinable or punishable as provided in Section 1412.99. (d) Ce) Powers and Duties of Board of Adjustment. (1) (2) (3) (4) (5) (6) The Board of Adjustment shall adopt rules for the conduct of its business and may exercise all of the powers conferred on such boards by State law. The Board shall hear and decide appeals from the denial of zoning permits. . The Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by an administrative official in the en- forcement or administration of this chapter. >: . The Board shall hear and decide applications for special ex- ceptions upon which it is authorized to pass under this~- chapter. The Board may authorize, upon appeal from a decision of the Building Inspector, a variance from the requirements of this chapter in cases which fall within the provisions of Section 1412.10. - The Board shall interpret the boundaries of the Flood Hazard District on appeal from.a decision of the Building Inspector. Hearings and Decisions of the Board. (1) (2) Upon the filing with the Board of an appeal from a decision of the Building Inspector, an application for a special ex- ception permit or an application for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof as well as due notice to parties in interest. At the hearing, any party may appear in person or by an agent or attorney and pres- ' ent written and oral evidence for the record, which may be transcribed by a court reporter. The written transcript, if presented to the Board by the applicant, shall be part of the record. . The Board shall arrive at a decision on an appeal, special exception or variance within fifteen days after the hearing. In passing upon an appeal, the Board may, in conformity with this chapter, reverse or affirm, wholly or in part, or modify, the order, requirement, decision or determination appealed from. “The decision shall be in writing, setting forth the findings of fact and rationale of the Board. In granting special exceptions or variances, the Board may at- tach appropriate conditions and safeguards which promote the objectives of this chapter. Violation of such conditions and safeguards shall be deemed a violation of this chapter, punishable as provided in Section 1412.99. . 1412 .04 | . (3) BUILDING AND HOUSING CODE 28 Appeals from a decision of the Board may be taken by any person aggrieved by a decision of the Board, or any taxpayer, or any officer, department, board or bureau of the City, to the County Court, as provided in State law. (f) Special Exceptions. q1) (2) (3) Applications for uses requiring special exception permits shall be submitted to the Building Inspector on forms fur- nished by him or her. Upon receipt of the properly com- pleted application, the City Manager shall submit it to the Board. The application shall contain the following information and any additional information requested by the Board: A. A map, in duplicate, drawn to scale, showing the curvilinear line representing the regulatory flood eleva- tion, the mean high tide line (where applicable), dimen- sions of the lot, existing structures and uses on the lot and adjacent lots, soil type, dunes and natural pro- tective barriers (if applicable), existing flood control and erosion control works, existing drainage elevations and ground contours, the location and elevation of existing streets, water supply and sanitary facilities and other pertinent information; and _ B. A preliminary plan showing the approximate dimensions, elevations and nature of the proposed use, the amount, area and type of proposed fill, the area and nature of proposed grading or dredging, proposed alteration of dunes, beaches or other natural protective barriers (if applicable), proposed flood protection or erosion control works, proposed drainage facilities, proposed roads, -sewers, water and other utilities, and specifications for building construction and materials included in the floodproofing. a The Board shall transmit one copy of the information de- scribed in paragraph (f)(1) hereof to the City Engineer for technical assistance in evaluating the~ proposed project in relation to flood heights and velocities, threatened erosion or wave action, the adequacy of the plans for flood and erosion protection, the adequacy of drainage facilities and other technical matters. The Board shall determine the specific flood or erosion haz- ard at the site and shall evaluate the suitability of the pro- posed use in relation to the flood hazard. If a permit is to be issued, the Board may attach appropriate conditions thereto. In passing upon such applications, the Board shall consider the technical evaluation of the Engineer, all rele- vant factors, standards specified in other sections of this chapter and: A. The danger that materials may be swept onto other lands to the injury of others; C 29 Floodplain Regulations 1412.05 C4) (5) - B. The danger to life and property due to flooding or erosion damage; C. The proposed water supply and sanitation system and the ability of these systems to prevent disease, con- tamination and unsanitary conditions; D. The susceptibility of the proposed facility and its con- tents to flood damage and the effect of such damage on the individual owner; E. The importance of the services provided by the pro- posed facility to the community; F. The necessity to the facility of a waterfront location, where applicable; G. The availability of alternative locations, .not subject to flooding or erosion damage, for the proposed use; H. The compatibility of the proposed use with existing development anticipated in the foreseeable future; I. The relationship of the proposed use to the Comprehen- sive Plan and the floodplain management program for that area; J. The safety of access to the property in times of flood for ordinary and emergency vehicles; K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the ef- fects of wave action, if applicable, expected at the site; and L. 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. The Board shall act on an application in the manner provided in this section within fifteen days from the date of receipt of the application, except that where additional information is required by the Board pursuant to paragraph (f)(2) hereof, the Board shall render a written decision within thirty days from the receipt of such information. Upon consideration of the factors listed herein and the pur- > poses of this chapter, the Board may attach such conditions to the granting of special exceptions or variances as it deems necessary to further the purposes of this chapter. (Ord. 658. Passed 7-27-76.) 1412.05 ESTABLISHMENT OF FLOOD HAZARD DISTRICTS. The areas within the jurisdiction of the City having special flood haz- ard areas are hereby divided into two types of Flood Hazard Districts: Flood Fringe Districts (FFD) and Coastal High Hazard Districts (CHHD). The boundaries of these Districts shall be designated on the Official Zoning Map. (Ord. 658. Passed 7-27-76; Ord. 658.1. Passed 9-4-76.) 1987 Replacement 1412. 06 BUILDING AND HOUSING CODE 30 1412.06 FLOOD FRINGE DISTRICTS (FFD). (a) Applicability. This section shall apply to all areas designated as Flood Fringe Districts (FFD) on the Official Zoning Map. (b) Requirements Within a FFD. (c) (1) (2) (3) (4) (5) Building permits are required for all proposed construction or substantial improvement within a FFD. The Building Inspector shall review all building permit appli- cations for all new or substantially improved construction, including manufactured homes, to determine if the proposed construction is designed and anchored to prevent flotation, collapse or lateral movement of the structure. _New or replacement water supply and sanitary. sewer systems located within a FFD must be floodproofed a8 specified in Section 1412.08. New construction or substantial improvement of any residen- tial structure within a FFD shall have the lowest habitable floor, including the basement, elevated to the regulatory flood elevation. New construction or substantial improvement of any commer- cial or industrial or other nonresidential structure shall either have the lowest floor, including the basement, ele- vated to the level of the regulatory flood elevation or, to- gether with attendant utility and sanitary facilities, be floodproofed to the level of the regulatory elevation. All ‘floodproofing shall meeting the requirements of Section 1412.08. Manufactured Home Restrictions (Mobile Homes). (1) The construction of a new manufactured home (mobile home) park, the expansion of an existing manufactured home (mobile home) park, the placement of a new manufactured home (mobile home) not in a manufactured home (mobile home) park, or the substantial. improvement of any such con- struction, expansion or placement in an FFD, shall be al- lowed only if the following criteria are met: - A. Ground anchors for tie downs are provided. B. Tie down requirements are as follows: 1. Over-the-top ties are required at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with one additional tie per side for mobile homes more than - fifty feet long. 2. Frame ties are required’ in conjunction with each over-the-top tie. 3. All components of the anchoring must be capable of carrying a force of 4,800 pounds. 1987 Replacement = 31 . Floodplain Regulations 1412.07 C. Lots or pads are elevated on compacted fill or by any other method approved by the City Engineer so that the lowest habitable floor of the mobile home