80-O-67ORDINANCE NO. 80- 0- G 7
9 • •'• 1 I• M •' 1 • AIC I' i•
•FLORIDA, PROVIDING •• THE CODIFICATION OF 1
ORDINMCE AS CMPMR 20 OF ICODE OF
••III• ES OF 1 CITY OF FDGEMMR, FLORIDA;
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SECFICN 1. STATUTORY AUPNORIZATICN, FINDINGS OF FACT, PURPOSE AND O&7ECPiVPS
A. STATUTORY AMERIZATION
The Legislature of the State of Florida has in statutes delegated
the responsibility to local governmental units to adopt regulations
designed to promote the public health, safety, and general welfare
of its citizenry. Therefore, the City Council of the City of
Edgewater, Florida, does .hereby ordain as follows:
(1) The flood hazard areas of Edgewater are subject to periodic
inundation which results in loss of life, property, health
and safety hazards, disruption of commerce and govemlrestal
services, extraordinary public expenditures for flood pro-
tection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and general
welfare
(2) These flood losses are caused by the cumulative effect of
obstructions in flood plains causing increases in flood
heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other
lands which are inadequately elevated, flood -proofed, or
otherwise protected from flood damages.
C. STATE M OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to:
(1) restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion or in flood
heights or velocities;
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(2) require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at
the time of initial construction;
(3) control the alteration of natural flood plains, .stream
channels, and natural protective barriers which are involved
in the accommodation of flood waters;
(4) control filling, grading, dredging and other development
which may increase erosion or flood damage, and,
(5) prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase
flood hazards to other lands.
D..OBdBCIIVFS
The objectives of this ordinance are:
(1). to protect human life and health;
(2). to minimize expenditure of public money for costly 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 minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in flood plains;
(6) to help maintain a stable tax base by providingfor the sand
use and development of flood prone areas in such a manner as
to minimize future flood blight areas; and,
(7) to insure that potential hoe buyers are notified that
property is in a flood area.
SDLTICN 2. UEEM 'n'ICNS
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give them the meaning they have in canon usage
and to give this ordinance its most reasonable application.
"Appeal" means a request for a review of the building official's interpretation
of any provision of this ordinance or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zane on a mmnnity's
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Flood Insurance Fate Map (FIRM) with base flood depths from one to three
feet where a clearly definedchannel does not exist, where the path of
flooding is unpredictable and indeterminate, and where velocity flow may
be evident.
"Area of special flood hazard" is the land in the flood plain within a
conmimity subject to a one .percent or greater chance of flooding in any
given year.
"Base flood" means the flood having a one percent chance of being equalled
or exceeded in any given .year.
"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, excavation or drilling operations.
"Existing nubile hone park or nubile Barre subdivision" means a parcel (or
contiguous parcels) of land divided into two or more nubile home lots for
rent or sale for which the construction of facilities for servicing the lot
on which the mobile hone is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is o pleted before the effective date
of this ordinance.
"Expansion to an existing mobile noxle park or mobilehome subdivision" means
the preparation of additional sites by the construction of facilities for
servicing the lots on which the mobile hones are to be affixed (including the
installation of utilities, either final site grading or pouring of concrete
pads, or the construction of streets) .
"Flood" or "flooding" means a general and temporarycondition of partial or
complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
"Flood Hazard Boundary Map (FHBM)" means an official map of a coxmunity,
issued by the Federal Insurance Administration, where the boundaries of the
areas of special flood hazard have been designated as Zone A.
"Flood Insurance Rate Map (FIPM)" means an official map of a cammnity, on
which the Federal Insurance Administration has delineated both the areas of
special flood hazard and the risk premium zones applicable to the comouity.
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"Flood Insurance Study" is the official report provided by the Federal
Insurance Administration. Thereport contains flood profiles, as .well as
Flood Hazard Boundary-Floodway Map and the water surface elevation of the
base flood.
"Floor" means any floor usable for living purposes, which includes .working,
sleeping, eating, cooking or recreation, or a IXmlbination thereof.
"Mangrove stand' means an assemblage of mangrove trees which is mostly low
trees noted for a copious development of interlacing adventitious roots
above the ground and which contain one or more of the following species:
black mangrove (Avicennia Nitida) ; red mangrove (Rhizophora Mangle) ; white
mangrove (Ianguncularia Rac sa) ; and buttonwood (Conocarpus Erects) .
"Mean Sea Ievel" means the average height of the sea for all stages of the tide.
"Mobile hone" 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 corrected to the required utilities. It does not
include recreational vehicles or travel trailers.
.."New construction" means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
"New mobile how park or mobile home subdivision" means a parcel (or
contiguous pawls) ofland divided into two or more mobile hone lots for
rent or sale for which the construction of facilities for servicing the lot
on which the mobile hom is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is completed on or after the effective
date of this ordinance.
"Start of construction" means the first placarent of permanent construction of
a structure (other than a mobile hone) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation, including the relocation
of a structure. permanent construction does not 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 as part of the main
structure. For a structure (other than a mobile home) without a basement or
poured footings, the "start of construction" includes the first permanent
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framing or assembly of thestructure or any part thereof on its piling or
foundation. For mobile homes not within a mobile here park or nubile hone
subdivision, "start of construction" means the affixing of the nubile here
to its pPrnanent site. For mobile hares within nubile home parks or nubile
hone subdivision, "start of construction" is the date on which the construction
of facilities for servicing the site on which the nubile hone is to be affixed
(including, at a minimun, the construction of streets, either final site
grading or the pouring of concrete pads, and installation of .utilities) is
coapleted.
-"Stricture" means a walled and roofed building that is principally above
ground, as .well as a mobile hare.
"Substantial improvement " means, for a structure built prior to the enactment
of this ordinance, any repair, reconstruction, or imrrovement of a structure,
the cost of which equals or exceeds fifty percent of the market value of the
structure either, (1) before the improvement or repair is started, or (2) if
thestructure has been damaged and is being restored, before the damage .occurred.
For the purposes of .this definition "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the .building wmiences, whether or not that alteration
affects the external dimensions of the stricture. The term does not, however,
include either.(1) any project for improvement of a structure to conply with
existing state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions, or (2) any alteration
of astructure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
"Variance" is a grant of relief to aperson from the requirements of this
ordinance which permits construction in a manner otherwise prohibited by
this ordinance where specific enforcement would result in unnecessary hardship.
SECTION 3. ORAL PF VISICNS
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This ordinance shall apply to all areas of special floodhazard
within the jurisdiction of Edgewater, Florida.
B. BASIS FOR Fvrx USHING THE AREAS OF SPECIAL FLOOD HAZAidu
The areas of special flood hazard identified by the Federal
Insurance Administration in its Flood Hazard Boundary Nap (FM),
dated August 23, 1974, and any revisions thereto are .adopted by
reference and declared to be a part of this ordinance; or the
areas of special flood hazard identified by the Federal Insurance
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Administration through a scientific and engineering report
entitled "The Flood Insurance Study for the city of Fdgewater,
Florida," dated May 1980, with acI Flood Insurance
Fate Maps and Flood Boundary and Floodway Maps and any revision
thereto are hereby adopted by reference and declared to be a
part of this ordinance.
i:1i111.7iI INNIKOARD -NIiI
A Development Permit shall be required in conformance with the
provisions of this ordinance.
D.CONPLIANCE
No structure or land shall hereafter be located, extended,
converted, or structurally altered without full compliance with
the terms of this ordinance and other applicable regulations.
E. ABROG=ON AND GBFAM HFSMICPIDNS
This ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
F. INMERPIit:PATIQQ
In the interpretation and application of this ordinance all
provisions shall be: (1) considered as minimum requixarents,
(2) liberally canstrued in favor of the governing body; and,
(3) deemed neither to limit nor repeal any other powers granted
under state statutes.
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The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
.scientific and engineering considerations. larger floods can
and will occur on rare .occasions. Flood heights nay be increased
by man-made or natural causes. This ordinance does not imply
that land outside the areas of special flood hazard or uses
permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part
of the City of Edgewater or by any officer or employee thereof
for any flood damages that result from reliance on this ordinance
or any adninistrative decision lawfully made thereunder.
R. MIALTIFS FOR VIOLATION
Violation of .the provisions of .this ordinance or failure t000mply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or
special exceptions, shall constitute a misdemeanor. Any person
who violates this ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more
than $1,000.00 or imprisoned for not more than 90 days or both,
and in addition shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent the City
of .Edgewater from taking such other lawful .action as is .necessary to
prevent or remedy any violation.
SE7CPION 4. AIY+DNSSTRATION
A. DESIGPMO I OF LOCAL ADMINISTRATOR
The .Building Official of Fdgcwater, Florida, is hereby appointed
to administer and i.nplement the provisions of this ordinance.
B. DUME5 AND RffiIXISIBTT.T='OF THE BUILDINC -OFFICIAL
Duties of the building official shall include, but not be limited
to:
(1) Review all development .permits to assure that the permit
requirements of this ordinance have been satisfied.
(2) Advise pernittee that additional federal or state permits
may be required, and if specific federal or state permits
are knmm, require that copies of such permits be provided
and maintained on file with the development .permit.
(3) Notify adjacent cammmities and the DeparGrent of Commmity
Affairs prior to any alteration or relocation of a watercourse,
and submit evidence of such .notification to the Federal
Insurance Administration.
(4) Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
(5) verify and record the actual elevation (in relation to mean
sea level.) of the lowest floor (including basement) of all
new or substantially improved structures.
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C.
(6) Verify and record. the .actual elevation (in .relation to mean
sea level) to which the new or substantially improved
structures have bean flood -proofed.
(7) When flood -proofing is utilized for a particular structure,
the building official shall obtain certification from a
registered professional engineer or architect.
(8) Mfiere interpretation is needed as to the exact .location of
the boundaries of the areas of special flood Hazard (for
example, where there appears to be a .conflict between a
mapped boundary and actual field conditions) the building
official shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as
provided in this article.
(9) When base flood elevation data has not been provided in
accordance with Section 3. B., then the building official
shall obtain, review, and reasonably utilize any base flood
elevation data available from a federal, state or other
source, in order to administer the provisions of Section 5.
(10) All records pertaining to the provisions of this ordinance
shall be maintained in the office of the building official
and shall be open for public inspection.
Application for a Development Permit shall be made to the
building official on forms furnished by him and may include, but
not be limited to, the following plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevations
of the area in question; existing or proposedstructures, fill
storage of materials; drainage facilities, and the location of
the foregoing. Specifically, the following infor aticn is
required:
(1) Elevation in relation to mean sea level of the lowest floor
(including basement) of all structures
(2) Elevation in relation to mean sea level to which any non-
residentialstructure has bean flood -proofed.
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(3) Provide a certificate fmn a registered professional
engineer or architect that the non-residential flood -
proofed structure .meets the flood -proofing criteria in
Section 5.B.(2).
(4) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
D. VARIANCE PROCEDUMS
(1) The Edgewater Board of Adjustments as established by the
City of Edgewater shall hear and decide appeals and requests
for variances from the requirements of this ordinance.
(2) The .Board of Adjustments shall hear and decide appeals
when it is alleged there is an error in any requirement,
rement,
decision, or determination made by the building official
in the enforoement or .administration of this ordinance.
(3) Any person aggrieved by the decision of the Board of
Adjustments or any taxpayer may appeal such decision to the
Edgewater City Council.
(4) Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register
of Historic Places or the State Inventory of Historic Places
without regard to the procedures set forth in the remainder
of this section.
(5) In passing upon such applications, the Board of Adjustments
shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this
ordinance, and:
(a) the danger that materials nay be swept onto other lands
to the injury of others;
(b) the danger to life and property due to flooding or
erosion damage;
(c) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
(d) .the importance of the services provided by the proposed
facility to the cm=nity;
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(e) the necessityto the facility of a waterfrontlocation,
where applicable;
(f). the availability of alternative locations, .not subject
to flooding or erosion damage, for the proposed use;
(g) the coapatability of the proposed use with existing and
anticipated development;
(h) the relationship of the proposed use to the coniprehensive
plan and flood plain manageirent program for that area;
(i) the safety of .access to the property in tires of flood
for ordinary and a ergency vehicles;
(j) the expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the effects
of wave .action, if applicable, expected at the site; and,
(k) the costs of providing gove nmPntal services during and
after flood conditions incouding maintenance and repair
of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(1) Generally, variances may be issued for new construction
and substantial iniprovemnts to be erected on a lot of
one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the
base flood level, providing items (a - k) have been
fully considered. As the lot size increases beyond
the one-half acre, the technical justification required
for issuing the variance increases.
(6). Upon consideration of the factors listed above and the purposes
of this ordinance, the Board of Adjustments may attach such
conditions to the granting of variances as it deans necessary
to further the purposes of this ordinance.
(7) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood
discharge could result.
(8) Conditions for Variances
(a) Variances shall only be issued upon a dete=ination that
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the variance is the minimum necessary; considering
the flood hazard, to afford relief.
(b) Variances shall only be issued upon (i) a showing of
good and sufficient cause; (ii) a determination that
failure to grant the variance would result in
exceptional hardship to the applicant; and, (iii) a
determination that the granting of a variance will
not result in increased flood heights, .additional
threats to .public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or
ordinances.
(c) Any applicant to whom avariance is granted shall be
given written notice specifying the difference between
the base flood elevation and the elevation to which the
structure is to be built and stating that the cost of
flood insurance will be oonmensurate with the increased
rist resulting from the reduced lowest floor elevation.
(d). The building official shall maintain the records of all
appeal actions and report any variances to the .Federal
Insurance Administration upon request.
SECTION 5. PRDMICNS FOR FLOOD 'HAZARD REDOMCN
A. GENEPAL STANDARQS
in all areas of special flood hazard the following provisions
A re required:
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure.
(2) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant
to flood damage.
(3) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
di=
(4). All new and replacement water supply systemsshall be
designed to minimize or eliminate infiltration of flood
waters into the system.
(5) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltrations of flood
waters into the systems and discharges from the systems
into flood waters.
(6) Cn-site waste disposal systems shall be located to avoid
impairment to then or contamination faun than during flooding.
(7) Any alteration, repair, reconstruction or improvements to a
structure on which the start of construction was begun after
the effective date of this ordinance, shall meet the require—
ments of "new construction" as contained in this ordinance.
B. SPE=C STANDAMS
In all areas of special flood hazard where base flood elevation
data has been provided as set forth in Section 3.B. or Section 4.
B.(9), the following provisions are rewired:
(1) Residential -Construction - New construction or substantial
improvement of any residential stricture shall have the
lowest floor, including basement, elevated to or above flood
elevation.
(2) Non-residential Construction - New construction or substantial
inpmwnent of any amrercial, industrial or other non-
residential structure shall either have the lowest floor,
including basement, elevated to the level of the base flood
elevation or, together with attendant utility and sanitary
facilities, be flood -proofed so that below the base flood
level the structure is water tight with walls substantially,
impermeable to the passage of water and with structural
ccopments having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such certifica-
tion shall be provided to the official as set forth in
Section 4.C.(3).
am
(3) Mobile Hayes
(a) All mobile hares shall be anchored to resist flotation,
collapse, or lateral movement by providing over -the -top
and frame ties toground anchors. Specific requirements
shall be that;
(i) over -the -top ties be providedat each end of the
mobile home, with one additional tie per side at
an intermediate location on mobile Mores of less
than fifty feet and one additional tie per side for
mobile tomes of fifty feet or more.
(ii) frame ties be provided at each corner of the hone
with four additional ties per side at intermediate
points for mobile Mores less than fifty feet long
and one additional tie for mobile hares of fifty
feet or longer;
(iii) all oamponents of the anchoring system be capable
of carrying a force of 4,800 pounds; and,
(iv) any additions to the mobile hone be similarly
anchored.
(b) For new mobile here parks and subdivisions; for expansions
to existing mobile hrme parks and subdivisions; for
existing mobile More parks and subdivisions where the
repair, reconstruction or improvement of the streets,
utilities and pads equals or exceeds fifty percent of
value of the streets, utilities and pads before the
repair, reconstruction or improvement has commenced;
and, for mobile hones not placed in a mobile hone park
or subdivision require:
(i) stands or lots are elevated on compacted fill or
on pilings so that the lowest floor of the mobile
home will be at or above the base flood level;
(ii) adequate surface drainage and access for a hauler
are provided; and,
(iii) in the instance of elevation on pilings: (1) lots
are large enough to permit steps; (2) piling
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foundations are placed instablesoil no more than
ten feet apart; and, (3) reinforcement. is provided
for pilings more than six feet above the ground
level.
C. STAMARDS FOR AREAS OF SMUZW FIAODING-(AO ZONES)
Located within the areas of special flood hazard established in
Section 3.B. are areas designated as shallow flooding. These
areas have special flood hazards associated with base flood
depths of one to three feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable
and indetenni„ate; therefore, the following provisions apply:
(1) All newconstruction and substantial improvements of
residential structures have the lowest floor, including
base ent, elevated above the crown of the neareststreet
to or above the depth number specified on the. community's
FIRM.
(2) All .newconstructionand substantial improvements of non-
residential structures shall:
(a) have the lowest floor, including b�t, elevated
above the raven of the nearest street to or above the
depth number specified on the FIM, or
(b) together with attendant utility and sanitary facilities
be completely flood -proofed to or above that level so
that any space below that level is watertight with
walls substantially impennsahle to the passage of water
and with structural components having the capability of
resisting hydrostatic and hydrodynamic loands and effects
of buoyancy.
D. STAMAFMS FDR SUBDIVISION PROPOSAIS
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage.
(2) All subdivision proposals shall have public utilities and
facilities such as .sewer, gas, electrical and water systems
located and constructed to minimize flood damage.
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(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazard.
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed developmnt which is greater
than the lesser of fifty lots or five acres.
SFJ CN 6. That all ordinances orpartsor ordinances and all resolutions or
Parts of resolutions in conflict herewith be and the same are hereby repealed.
SBMCN 7. This Ordinance shall take effect i:mediately upon its adoption by
the City Council and approval as provided by law.
SP MCN 8. The City Clerk is hereby directed to .advertise this Ordinance as
required by law.
The first reading of the above Ordinance is read in full and passed by
wte of the City Council of the City of Edgewater, Florida, at a regular meeting
of said Council held on the _A ` day of 1980, and approved
as provided by law.
The second reading of said Ordinance to be at a meeting of
the City Council to be held on the 5-day of 1980.
Noll call ate being as f��go •�
ATTEST:' '
J J.
Ma
Councilmn
/FIRST F=YG-.d (a-n P 4
CV=iIM
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....
COIII1C17man . ...�
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Vy Jerk
Approved this A s7N day of
JUDSON I. MODS, JR.
City Attorney
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