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Fort Walton Beach Ordinance — 1865 - Flood Plain Management — reading text
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authorizes
performance of specific development activities that are located in flood hazard areas and
that are determined to be compliant with this section.
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 May 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
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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 hazard area.
Letter of Map 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 Map 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 community' s floodplain management regulations.
Conditional Letter of Map 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, 500
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 area 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 floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished 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. 2.1
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 15C- 1. O101,
F.A.C.]
Manufactured home park or subdivision. A parcel ( or contiguous parcels) of land
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divided into two or more manufactured home lots for rent or sale
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 section, 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 section and the flood
resistant construction requirements of the Florida Building Code, structures for which the
start of construction' commenced on or after September 14, 1976 and includes any
subsequent improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed ( including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after September 14, 1976.
Park trailer. A transportable unit which has a body width not exceeding fourteen ( 14)
feet and which is built on a single chassis and is designed to provide seasonal or
temporary living quarters when connected to utilities necessary for operation of installed
fixtures and appliances. [ Defined in 15C- 1. 0101, F.A. C.]
Recreational vehicle. A vehicle, including a park trailer, which is: [ Defined in section
320.01( b), A. S.)
1. Built on a single chassis;
2. Four hundred ( 400) square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of
the beach.
Special flood hazard area. An area in the floodplain subject to a I percent or greater
chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as
Zone A, AO, Al -A30, AE, A99, AH, VI -V30, VE or V. [ Also defined in FBC, B
Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial
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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 ABC, B Section 1612. 2. 1
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 Section 3. 05. 07 of this code.
Variance. A grant of relief from the requirements of this section, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a
manner that would not otherwise be permitted by this section 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.
SECTION 3. FISCAL IMPACT STATEMENT.
In terms of design, plan application review, construction and inspection of buildings and
structures, the cost impact as an overall average is negligible in regard to the local
technical amendments because all development has been subject to the requirements of
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the local floodplain management ordinance adopted for participation in the National
Flood Insurance Program. In terms of lower potential for flood damage, there will be
continued savings and benefits to consumers.
SECTION 4. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in the City of
Fort Walton Beach. This ordinance shall apply to all applications for development,
including building permit applications and subdivision proposals, submitted on or after
May 1, 2012.
SECTION 5.
