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87-O-6ORDINANCE NO. 87-0-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING "ARTICLE II -FLOOD DAMAGE PREVENTION," OF CHAPTER 9.5 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, IN ITS ENTIRETY, AND REENACTING A NEW "ARTICLE II -FLOOD DAMAGE PREVENTION" IN ITS ENTIRETY, CONTAINING A REPEALER PROVISION, A SEVERABILTY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, October 1, 1986 culminated a two year effort by the Federal Emergency Management Agency to revise the National Flood Insurance Program, and WHERAS, participating communities must revise their local flood -plain management ordinances, and WHEREAS, the State of Florida has enacted the Local Govern- ment Comprehensive Planning and Land Development Regulation Act. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. STATUTORY AUTHORIZATION The Legislature of the State of Florida has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. SECTION 2. FINDINGS OF FACT (1) The flood hazard areas of the City of Edgewater are subject to periodic inundation which results in loss of life and property, health and safety hazards, dis- ruption of commerce and governmental services, extra- ordinary public expenditures for flood protection 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 floodplains 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 unprotected from flood damages. SECTION 3. STATEMENT OF PURPOSE 1 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 hazards, or which result in damaging increases in erosion or in flood heights or velocities; (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 floodplains, stream channels, and natural protective barriers which are involved in the accomodation of flood waters; (4) control filling, grading, dredging and other develop- ment which may increase erosion of 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, SECTION 4. OBJECTIVES 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 providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, and; (7) to insure that potential home buyers are notified that I property is in a flood area. SECTION 5. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load -bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load -bearing walls is new construction. "Appeal" means a request for a review of the City of Edgewater's interpretation of any provision of this ordinance or a request for a variance. "Area of shallow flooding" means a designated AO or VO zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel 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 floodplain within a community 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. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. "Building" means any structure built for support, shelter, or enclosure for any occupancy Or storage. I "Coastal High Hazard Area" means the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE or V. "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structure, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. "Elevated building" means a non -basement built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. "Flood" or "flooding" means a general and temporary condition 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 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)" means 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. "Floodway" means the channel of a river or other 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 one foot. "Floor" means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab 4 construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. "Functionally dependent facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilties. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "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 (Languncularia racemosa); and buttonwood (Conocarpus erects). "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 flood plain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). "Manufactured or Mobile 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 flood plain. 5 o 0 "New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Start of construction" (for other than new construction or substantial improvemenys 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 improvemrnt 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 manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor dos 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 or mobile 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) (a fifty (50) year period), in which the cumulative cost equals or exceeds fifty percent 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 occuring. For the purposes of this 6 . o 0 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. "Variance" is a grant of relief 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 6. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Edgewater. SECTION 7. 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 Boundary Map, dated August 23, 1974, with acccompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this ordinance. SECTION 8. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities. SECTION 9. COMPLIANCE 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. SECTION 10. ABROGATION AND GREATER RESTRICTIONS. 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. SECTION 11. INTERPRETATION 7 O In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 12. WARNING AND DISCLAIMER OF LIABILTY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may 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 liabilty on the part of the City of Edgewater or by an officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 13. PENALTIES FOR VIOLATION Violation of the provisions of this ordinance or failure to comply 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 $506.00, or imprisoned for not more than sixty 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. SECTION 14. METER INSTALLATION "All meter enclosures, for self-contained electric kilo- watthour meters serving buildings, shall be located above the base flood elevation. If complying with this regulation results in a vertical distance from finish to grade to the center of the meter or meters of more than 6 feet, the meter enclosure shall be 61 located on the outside of an exterior wall ith unobstructed and ready access from an open exterior stairway or platform. When it is necessary to use a stairway for access to a meter, the vertical distance from the tread of the stairway to the center of the meter shall be 5 feet to 6 feet. The meter and meter enclosure shall be placed in a position that will not obstruct stairway traffic. On multi -unit buildings, meters and meter enclosures will be allowed in meter rooms above the base flood elevation. SECTION 15. DESIGNATION OF BUILDING OFFICIAL The Building Official is hereby appointed to administer and implement the provisions of this ordinance. SECTION 16. PERMIT PROCEDURES Application for a Development Permit shall be made to the Building Official on forms furnished by him or her prior to any development activities, 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 proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application Stage. (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. (b) Elevation in relation to mean sea level to which any non-residential structure will be flood -proofed; (c) Certificate from a registered professional engineer or architect that the non-residential flood -proofed structure will meet the flood - proofing criteria in Section 20 (2); (d) Description of the extent to which any watercourse will be altered or relocated as a result of pro- posed development, and; 9 O (2) Construction Stage. Provide a floor elevation or flood -proofing certification after the lowest floor is comnpleted, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or flood -proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Building Official a certification of the elevation of the lowest floor, flood -proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a re- gistered land surveyor or professional engineer and certified by same. When flood -proofing is utilized for a particular building, said certification shall be pre- pared by or under the direct supervision of a pro- fessional engineer or architect and certified by same. Any work undertaken prior to submission of the certi- fication shall be at the permit holder's risk. The Building Official shall review the floor elevation sur- vey data submitted. Deficiencies detected by such re- view shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project. SECTION 17. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL Duties of the Building Official shall include, but not be limited to: (1) Review all development permits to assure that the per- 10 Q mit requirements of this ordinance have been satisfied. (2) Advise permittee that additional federal or state per- mits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. (3) Notify adjacent communities and the 'Department of Com- munity Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notifi- cation to the Federal Emergency Management Agency. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that 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, in accordance with permit procedures for construction stage. (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially im- proved structures have been flood -proofed, in accord- ance with permit procedures for construction stage. (7) In Coastal Hazard Areas, certification shall be ob- tained from a registered professional engineer or architect that the structure is designed to be securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (8) In Coastal High Hazard Areas, the Building Official shall review plans for adequacy of breakaway walls in accordance with Section 20, 5 (h). (9) When flood -proofing is utilized for a particular structure, the Building Official shall obtain certifi- cation from a registered professional engineer or architect, in accordance with Section 20 (2). (10) where interpretation is needed as to the exact lo- 11 o cations of boundaries of the areas of special flood hazard (for example, where there appears to be a con- flict between a mapped boundary and actual field con- ditions) 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. (11) When base flood elevation data or floodway data have not been provided in accordance with Section 7, of this Ordinance, then the Building Official shall ob- tain, review and reasonably utilize.any base flood elevation and floodway data available from a federal, state or other source, in order to administer the pro- visions of Sections 19, 20, 21, 22 and 23. (12) All records pertaining to the provisions of this ordi- nance shall be maintained in the office of the Building Official and shall be open for public in- spection. SECTION 18. VARIANCE PROCEDURES (1) The Edgewater Trades Regulatory and Appeals Board 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 shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or adminstration of this ordinance. (3) Any person aggrieved by the decision of the Board or any taxpayer may appeal such decision to the Circuit Court. The appeal shall be limited to Appellate Review of the records created before the Board. Appeals must be filed within thirty (30) days of the Board's de- cision. (4) Variances may be issued for the reconstruction, re- habilitation or restoration of structures listed on the National Register of Historic Places or the State In- 12 ventory of Historic Places without regard to the pro- cedures set forth in the remainder of this section, except for Section 18, 8 (a) and (d), and pro- vided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation. (5) in passing upon such applications, the Board shall con- sider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and: - (a) the danger that materials may 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 community; (e) the necessity of the facility to a waterfront lo- cation, in the case of a functionally dependent facility; (f) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) the compatability of the proposed use with existing and anticipated development; (h) the relationship of the ptoposed use to the com- prehensive plan and floodplain management program for that area; (i) the safety of access to the property in times of flood for ordinary and emergency vehicles. (j) the expected heights, velocity, duration, rate or rise and sediment transport of the flood waters and the effects of wave action, if applicable, ex- pected at the site, and; 13 C7 G (k) the costs of providing governmental services during and after flood conditions including main- tenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (6) Upon consideration of the factors listed above, and the purposes of this ordinance, the Board may attach such conditions to the granting of variances as it deems 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 would result. (8) Conditions for Variances: (a) Variances shall only be issued upon a determin- ation that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building; (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, 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 nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any applicant to whom a variance 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 commen- surate with the increased risk resulting from the 14 reduced lowest floor elevation. (d) The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon re- quest. SECTION 19. GENERAL STANDARDS In all areas of special flood hazard the following pro- visions are required: (1) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) Manufactured homes shall be anchored to prevent flo- tation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. (3) New construction and substantial improvements shall be constructed with materials and utility equipment re- sistant to flood damage; (4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (5) Electrical, heating, ventilation, plumbing, air con- ditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) New and replacement water supply systems shall be de- signed to minimize or eliminate infiltration of flood waters into the system; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; 15 (8) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and; (9) Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the pro- visions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. SECTION 20. SPECIFIC STANDARDS In all areas of special flood hazard where base elevation data have been provided, as set forth in Section 7 or Section 17 (11). the following provisions are required: (1) Residential Construction. New construction or sub- stantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than (one foot) above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be pro- vided in accordance with standards of Section 20 (3). (2) Non -Residential Construction. New construction or sub- stantial improvement of any commercial, industrial, or non-residential structure shall have the lowest floor, including basement, elevated no lower than (one foot) above the level of the base flood elevation. Structures located in all A -zones may be flood -proofed in lieu of being elevated provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage ofwater, and use structural components having the capabilty of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered pro- fessional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 16 (3). 16 (3) Elevated Buildings New construction or substantial im- provements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit Of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above grade; and (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both direction. (b) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation; (c) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and (d) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. 4. Floodways. Located within areas of special flood hazard established in Section 20 (1) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood 17 o waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: (a) Prohibit encroachments, including fill, new con- struction, substantial improvements and other de- velopments unless certification (with supporting technical data) by a registered professional en- gineer is provided demonstrating that encroach- ments shall not result in any increase in flood levels during occurrence of the base flood dis- charge. (b) If Section 20 4 (a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard re- duction provisions of Sections 19, 20, 21, 22 and 23. (c) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. A re- placement manufactured home may be placed on a lot in an existing manufactured home park or sub- division provided the anchoring standards of Section 19 (2) and Section 20 (c)are met. 5. Coastal High Hazard Area (V Zones) Located within the areas of special flood hazard established in Section 7 are areas designated as Coastal High Hazard areas. These areas have special flood hazards associated with wave wash, therefore, the following provisions shall apply: (a) All buildings or structures shall be located (forty feet) landward of the reach of the mean high tide; (b) All buildings or structures shall be elevated so that the bottom of the lowest supporting hori- zontal member (excluding pilings or columns) is located no lower than (one foot) above the base flood elevation level, with all space below the 18 o lowest supporting member open so as not to impede the flow of water. Open lattice work or decora- tive screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Section 20(5) (h). (c) All buildings or structures shall be securely anchored on pilings or columns; (d) All pilings and columns and the attached struct- ures 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 and support system shall be designed with wind and water loading values which equal or exceed the 100 year mean recurrence interval (one percent annual chance flood). (e) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Section 20, 5 (b), (c) and (d)of this ordinance. (E) There shall be no fill used as structural support. Non -compacted fill may be used around the peri- meter of a building for landscaping/aesthetic pur- poses provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The Building Official shall approve design plans for landscaping/aesthetic fill only after the appli- cant has provided an analysis by an engineer, architect, and/or soil scientist, which demon- strates that the following factors have been fully considered; (i) Particle composition of fill material does 19 . C 4 not have a tendency for excessive compaction; (ii) Volume and distribution of fill will not cause wave deflection to adjacent properties; and (iii) Slope of fill will not cause wave run-up or ramping. (g) There shall be no alteration of sand dunes or man- grove stands which would increase potential flood damage. (h) Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building, and are designed so as to breakaway, under abnormally high tides or wave action, with- out damage to the structural integrity of the building on which they are to be used and pro- vided the following specifications are met: (i) No solid walls shall be allowed, and; (ii) Material shall consist of lattice or mesh screening only. (i) If aesthetic lattice work or screening is utilized such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equip- ment used in connection with the premises. (j) Prior to construction, plans for any structures that will have lattice work or decorative screening must be submitted to the Building Official for approval. (k) Any alteration, repair, reconstruction or improve- ment to a structure shall not enclose the space below the lowest floor except with lattice work or decorative screening, as provided for in Section 20, (5), (h) and (i). (1) Prohibit the placement of manufactured homes 20 C (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. A re- placement manufactured home may be placed on a lot in an existing manufactured home park or sub- division provided the anchoring standards of Section 20 (1) are met. SECTION 21. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS Located within the areas of special flood hazard established in Section 7 above where small streams exist but where no base flood data have 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 distance of the stream bank equal to two (2) times the width of the stream at the top of bank or twenty feet each side from top of bank, whichever is greater, unless certification by a registered pro- fessional engineer is provided demonstrating that such encroachments shall not result in any in- crease in flood levels during the occurrence of the base flood discharge, (2) New construction or substantial improvements of structures shall be elevated or flood -proofed to elevations established in accordance with Section 17 (11). SECTION 22. STANDARDS FOR SUBDIVISION PROPOSALS (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 con- structed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; 21 (4) Base flood elevation data shall be provided for subdivision proposals and other proposed de- velopment (including manufactured home parks and subdivisions) which is greater than the lesser of fifty lots or five acres. SECTION 23. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES). Located within the areas of special flood hazard established in Section 7 above are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three (I- - P ) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, in- cluding basement, shall be elevated, at least two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvements of non-residential structures shall: (a) have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade, or; (b) together with attendant utility and sanitary facilities be completely flood -proofed to or above that level so that any space below that 22 level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. SECTION 24. REPEALER PROVISION That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed. SECTION 25. SEVERABILITY CLAUSE 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 26 EFFECTIVE DATE 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 Councilman Rotundo 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 regular meeting of said Council on the 2nd day of March , 1987. The second reading of this ordinance to be at a meeting of the City Council of the City of Edgewater, Florida, to be held on the 16th day of March , 1987. ROLL CALL VOTE ON ORDINANCE NO. 87-0-6 Mayor Councilman- o One o ncilman- Zore Two / 23 A-2A Councilman-Zo Thre , X. ��� Councilman -Zone Four SECOND READING: May.. L Cc�J oun lmanman-Z a On-9 oun ilman-Zone Two v4 Counci�irlma LLone Three . w fS�iNblU� rvJ ra W�"e'r C ncilman-Zone Four ATTEST: City Clerk This ordinance read and adopted on second reading at a regular meeting of the City Council of the City of Edgewater, Florida, and authenticated this 16th day of March , 1987. �7a:� Mayor 24 This ordinance prepared by: Attorney 25