90-O-25
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ORDINANCE NO. 90-~-E
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING CHAPTER 9.5, ARTICLE II,
"FLOOD DAMAGE PREVENTION" OF THE CODE OF ORDINANCES OF
THE CITY OF EDGEWATER, FLORIDA, BY AMENDING DIVISION I.
GENERALLY, SECTION 9.5-25. "DEFINITIONS," 9.5-27.
"BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD," BY AMENDING DIVISION 2. ADMINISTRATION,
SECTION 9.5-37. "DESIGNATION OF CITY ENGINEER," SECTION
9.5-38. "PERMIT PROCEDURES," SECTION 9.5-39. "DUTIES
AND RESPONSIBILITIES OF THE BUILDING OFFICIAL AND CITY
ENGINEER," SECTION 9.5-4.0. "VARIANCE PROCEDURES," BY
AMENDING DIVISION 3. STANDARDS AND SPECIFICATIONS,
SECTION 9.5-4.4.. "GENERAL STANDARDS," 9.5-4.5. "SPECIFIC
STANDARDS," 9.5-lJ,6. "STANDARDS FOR STREAMS WITHOUT
ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS,"
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1.
That Article II, Flood Damage Prevention,
Division 1.
Genenerally, of the Code of Ordinances of the City
of Edgewater, Florida, be amended as follows:*
Section 9.5-25. Definitions.
Appeal means a request for a review of the ei~y--of
Edgewa~er~~ City Engineer's interpretation of any provision of
this ordinance or a request for a variance.
Basement means that portion of a btiilding structure having
its floor subgrade (below ground level) on all sides.
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,
excavating, drilling operations,
or
permanent
storage of
materials or equipment.
Elevated building means a non-basement building built to
have the lowest floor elevated above the ground level...
Existing Construction means any structure for which the
"start of construction" commenced before March 16. 1987.
Existing manufactured home park or subdivision means a
manufactured home or park or subdivision for which the
*Deleted language has been lined--~hrotigh and new language
underscored.
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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 before the effective date of the floodplain management
regulations adopted before March 16. 1987.
Expansion to an existing manufactured home park or
subdivision means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation
of utilities. the construction of streets. and either final site
grading or the pouring of concrete pads).
Historic structure means any structure that 1S:
a. Listed individually in the National Register
of Historic Places (a list maintained by the
Department of the Interior) or preliminarily
determined by the Secretary of the Interior
as meeting the requirements for individual
listing on the National Register:
b. Certified or preliminarily determined by the
Secretary of the Interior as contributing to
the historical significance of a registered
historic district or a district preliminarily
determined by the Secretary to qualify as a
registered historic district:
c. Individually listed on a state inventory of
of historic places in states with historic
preservation programs which have been approved
by the Secretary of the Interior: or
d. Individually listed on a local inventory of
historic places in communities with historic
preservation programs that have been certified
either:
1. By an approved state program as determined
by the Secretary of the Interior: or
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2. Directly by the Secretary of the Interior
in states without approved programs.
New construction means any structure for which the "start of
construction" commenced on-or-the-effeetive-date-of-this-artiele
after March 16. 1987. The term also includes any subsequent
improvements to such structure.
New manufactured home park or subdivision means 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
March 16. 1987.
Recreational vehicle means a vehicle which is:
a. built on a single chassis:
b. ~oo square feet or less when measured at the
largest horizontal projection:
c. designed to be self-propelled or permanently
towable by a light duty truck: and
d. designed primarily not for use as a permanent
dwelling but as temporary living quarters for
recreational. camping. travel. or seasonal use.
Start of construction (for other than new construction or
substantial improvements under the Coastal Barrier Resources Act
[P.L. 97-3~8]), includes substantial improvement, and means the
date the building permit was issued provided the actual start of
construction, repair, reconstruction, or improvement was within
one hundred eighty (180) days of the permit date. The actual
start means the first placement of permanent construction of a
building (including 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 manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of
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streets and/or walkways; nore 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 ~~FdE~dF~
buildinq. For a substantial
improvement,
the actual start of
construction means the first alteration of anv wall, ceilinq,
floor. or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed fifty percent
(50%) of the market value of the structure before the damage
occurred.
Substantial improvement means any combination of repairs,
reconstruction, alteration, or improvements to a structure,
taking place during (the life of a structure) (a fifty (50) year
period, in which the cumulative cost equals or exceeds fifty
percent (50%) of the market value of the structure. The market
value of the structure should be (1) the appraised value of the
structure prior to the start of the initial repair or
improvement, or (2) in the case of damage, the value of the
structure prior to the damage occurring. This term includes
structures which have incurred "substantial damage". regardless
of the actual repair work performed. 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 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 have been identified by the Code
Enforcement Official and which are solely necessary to assure
safe living conditions.
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Substantial Iv improved existing manufactured home parks or
subdivisions is where the repair. reconstruction rehabilitation
or improvement of the streets. utilities and pads equals or
exceeds fiftv percent (50%) of the value of the streets.
utilities
and
pads
before the repair. reconstruction or
improvement commenced.
Section 9.5-27. Basis for establishing the areas of special
flood hazard.
The areas of special flood hazard identified by the Federal
Emergency Management Agency in its Flood--Hazard--Botindary-Map,
da~ed-Augu~~--z3,-i974 Flood Insurance Rate Map. dated June ~.
1990. with accompanying maps and other..........
SECTION 2.
That Article II. Flood Control and Damage,
Division 2.
Administration, of the Code of Ordinances of the
City of Edgewater, Florida be amended as follows:
Section 9.5-37. Designation of building-offioial Citv Engineer.
The building-offieial citv engineer is hereby appointed to
administer and implement the provisions of this article.
Section 9.5-38. Permit procedures.
Application for a development permit shall be made to the
Building O!fi~on ~orm~~rnished by him or her prior to any
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development activities, an 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 proposed structures, earthen fill, storage
of materials or equipment. drainage facilities........ ....
Section 9.5-39.
Duties and responsibilities to the building
offioial citv engineer.
Duties of the building---offioial citv
engineer shall
include, but.........
(8) In coastal high hazard areas, the building-offioial
citv engineer shall review plans for adequacy. ... ...
(10) Where interpretation is needed as to the exact location
of boundaries of the areas of special flood hazard (for
example, where there appears to be a conflict between a
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mapped boundary and actual field conditions) the
btlilding--offieial city engineer shall make the
necessary interpretation...........
(11) When base flood elevation data or floodway data have
not been provided in accordance with Section 9.5-27,
then the btlilding-offieial city engineer shall obtain,
review and reasonably utilize any base flood elevation
and floodway data available from a federal, state, or
other source, in order for the city engineer to review.
reasonably utilize the base flood elevation and
floodway data available. and administer the provisions
of sections 9.5-~~ through 9.5-~8.
(12) All records pertaining to the provisions of this
article shall be maintained in the office of the
btlilding-offieial city engineer and shall be open
for public inspection.
Section 9.5-~O. Variance procedures.
(b) The board shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or
determination made by the btlilding-offieial city engineer in the
enforcement or administration of this article.
(d) Variances may be issued for the repair. reconstruction,
rehabilitation or restoration of historic structures listed on
the National Register of Historic Places or the State Inventory
of Historic Places with regard to the procedures set forth in
the remainder of this section, except for subsection (h)(l) and
(~), and-provided-the-propo~ed-reeonstrtletion,-rehabilitation,-or
re~toration--will--not--re~tllt---in--the---~trtlettlre--lo~ing--it~
hi~torieal--de~ignation~ upon a determination that the proposed
repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is
the minimum to preserve the historic character and design of the
structure.
SECTION
division 3.
3. That article II, Flood control and drainage,
Standards and Specifications, of the Code of
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Ordinances of the City of Edgewater, Florida, be amended as
follows:
Section 9.5-~~. General Standards.
(10) Any alteration. repair. reconstruction or improvements
to a structure which is not in compliance with the
provisions of this article. shall be undertaken only if said
non-conformity is not furthered. extended. or replaced.
Section 9.5-~5. Specific standards.
(1) Residential Construction. New construction or
substantial improvement of any residential ~~rtle~tlre building (or
manufactured home) shall have the lowest......
(2) Non-Residential Construction. New construction or
substantial improvement of any commercial, industrial, or non-
residential ~~rtle~tlre building (or manufactured home) shall have
the lowest floor, including basement, ...
(~) Floodways.
(c) Prohibit the placement of manufactured homes
(mobile homes), except in the existing manufactured homes (mobile
homes) park or subdivision. A replacement manufactured home may
be placed on a lot ln an existing manufactured home park or
subdivision provided the anchoring standards of See~ion-9~5-~~,
and-~ee~ion--9~5-~5-are--me~~ Section 9.5-~~(2) and the elevation
standards of Section 9.5-~5(1). and the encroachment standards of
Section 9.5-~5(5)(a) are met.
(5) Coastal high hazard area (V Zones)........
(a) All buildings or structures shall be located
for~y-t~87--fee~ fifty (50 feet) landward of the
reach of the mean high tide;
(d) All pilings and columns and the attached
structures shall be anchored to resist flotation,
collapse, and lateral movement due to the effect
of wind and water loads acting simultaneously on
all building components. The anchoring support
system shall be designed with wind and water
loading values which equal or exceed the one-
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hundred (100) year mean recurrence interval
(one percent (1%) annual chance flood). Water
loading values shall be equal or exceed the base
flood. Wind loading values shall be in
accordance with Southern Standard Building Code.
current edition.
(6) Standards for Manufactured Homes and Recreational
Vehicles.
(a) All manufactured homes placed. or substantially
improved. on individual lots or parcels. in
expansions to existing manufactured home parks or
subdivisions. or in substantially improved home
parks or subdivisions. must meet all the
requirements for new construction. including
elevation and anchoring.
(b) All manufactured homes placed or substantially
improved in an existing manufactured home park or
subdivision shall be elevated so that:
(1) The lowest floor of the manufactured home is
elevated no lower than one (1) foot above the
level of the base flood elevation. or
(2) The manufactured home chassis is supported by
reinforced piers or other foundation elements
of at least an equivalent strength. of no
less than thirty-six (36) inches in height
above grade.
(3) The manufactured home must be securely
anchored to the adequately anchored
foundation system to resist flotation.
collapse and lateral movement.
(~) In an existing manufactured home park or
subdivision on which a manufactured home
has incurred "substantial damage" as the
result of a flood. any manufactured home
placed or substantially improved must meet
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the standards of section 9.5-~5(~)(b)(1) &
(2) above.
(c) All recreational vehicles placed on sites must
either:
(1) Be fully licensed and ready for highway use.
or
(2) The recreational vehicle must meet all the
requirements for new construction. including
anchoring and elevation requirements of
section 9.5-~5(~)(a) or (b) above.
A recreational vehicle is ready for highway
use if it is on its wheels or jacking system.
is attached to the site only by quick
disconnect type utilities and security
devices and has no permanently attached
structures.
Section 9.5-~6. Standards for streams without established base
flood elevations and/or floodways.
Located within the areas of special flood hazard established
in section 9.5-27 above, where streams exist but where no base
flood data have has been provided or where base flood data has
been provided or where no floodways have been provided, the
following provisions apply:
(1) No encroachments, including fill material or structures
shall be located within a-di~~anee-of-~he-~~ream-bank
bank-eqtlal-~o-~wo-fz7-~ime~-~he-wid~h-of-the-~~ream-a~
eaeh-~ide-from-~op-of-bank,-whiehever-i~-grea~er, areas
of special flood hazard. unless certification by
a registered professional engineer is provided demon-
strating ~1at ~tleh-eneroaehm~~~~-~n~~~-~~~-~~~~~t-in
any-inerea~e-in-flood-level~-dtlring-the-oeetlrrenee-of
the-ba~e--flood-di~eharge, the cumulative effect of the
proposed development. when combined with all other
existing and anticipated development will not increase
the water surface elevation of the base flood more than
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one (1) foot at any point in the community. The
engineering
certification
should be supported by
technical data that conforms to standard hydraulic
engineering princIples.
SECTION~. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 5. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 6. This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by
Councilmember Bennington
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a
Re~ular
meeting of
said Council held on the 21
day of
May
, 1990.
The second reading of this Ordinance to be at a Regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the
4
day of June
, 1990.
ROLL CALL VOTE ON ORDINANCE NO. 90-~-~
ANtt0&~
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SECOND READING:
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ordinance read and adopted on second reading at a
_ meeting of the City Council of the City of
Florida, an authenticated is i� day of
1990.
Mayor
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