§ 122-4. Standards for Issuance of Building Permits in Areas of Special Flood Hazard.

(a)

Generally. No building permit for proposed construction or development activity within an area of special flood hazard shall be granted, by the Building Official or the floodplain administrator, unless the proposed new construction is in compliance with the standards set forth in this chapter. In all areas of special flood hazard, the following standards apply:

(1)

All new construction and substantial improvements shall be adequately anchored by pilings or columns to prevent flotation, collapse and lateral movement of the structure.

(2)

All applications deemed substantial or nonsubstantial must be approved by the floodplain administrator, or the Building Official/Director.

(3)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(4)

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5)

All new or replacement water supply systems shall be designed and constructed by methods and practices that minimize flood damage.

(6)

All new or replacement sanitary sewage systems shall be designed and constructed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. Joints between sewer drain components shall be sealed with caulking, plastic or rubber gaskets, and all manhole covers shall be sealed in a similar manner.

(7)

On-site waste disposal systems shall be located and constructed to minimize or eliminate damage to them and contamination from them during flooding.

(8)

Any alteration, repair, reconstruction or improvement to a structure that already is in compliance with the provisions of this chapter shall meet the requirements of new construction as contained in this chapter.

(9)

Illegal or nonconforming uses, structures, and construction below elevated post-FIRM buildings shall not be expanded or improved or repaired from damages of any origin and no building permit shall be issued for any improvements to below base flood enclosures, other than for demolition or a permit to remedy a life safety hazard, unless the structure is brought into compliance with this chapter.

(10)

The elevated portion of any nonconforming structure may be extended, expanded, or structurally altered upon meeting the following conditions:

a.

If the structure is located within an A or V zone, and the improvement is not substantial as defined in this chapter.

b.

If the structure is located within a V-zone, prior to the issuance of a building permit, the permit applicant shall submit a professional engineer's or registered architect's sealed certification that the improvements to the nonconforming structure do not subject the elevated portion of the structure to increased flood risk or structural damage.

(11)

No manmade alteration of sand dunes, dune ridge, mangrove stands or wetlands shall be allowed which would increase potential flood damage.

(12)

All new construction shall be located landward of the reach of mean high tide.

(13)

All agreements for deed, purchase agreements, leases, or other contracts for sale or exchange of lots within areas of special flood hazard shall carry the following flood hazard warning prominently displayed on the document:

FLOOD HAZARD WARNING

This property may be subject to flooding. You should contact the county Growth Management Division and obtain the latest information regarding flood elevations and restrictions on development before making use of this property.

(b)

Additional standards. In all areas of special flood hazard where base flood elevation data has been provided the following provisions are required:

(1)

Residential construction.

a.

New construction and substantial improvement of any residential structure shall have the lowest floor for zones A1-30, AE and AH or bottom of the lowest supporting member of the lowest floor for zones V1-30, VE or V elevated at or above the base flood elevation level.

b.

Electrical and mechanical equipment servicing an elevated structure must be elevated at or above the required base flood elevation. Elevators may be placed below the base flood elevation, if the mechanical and electrical equipment serving the elevator is designed, certified and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

c.

Sewer and storm drainage systems, which extend below the base flood elevation, shall be provided with automatic backflow prevention valves or devices installed at the point where the line passes an exterior wall or slab.

d.

Except as noted in subsection (b)(7) of this section, the space below the lowest floor of an elevated structure shall be used exclusively for parking of vehicles, elevators, limited storage or building access purposes. Such spaces may be enclosed under the following conditions:

1.

Only a maximum of 299 square feet of the space shall be enclosed with opaque materials. Any remaining portion of an enclosed area of more than 299 square feet shall only be enclosed with screen or open lattice. This limitation shall not apply to parking of aircraft beneath residential buildings abutting airport districts. Nonconforming areas of 300 square feet or more, enclosed with opaque materials, existing on April 12, 2004, the effective date of the ordinance from which this section is derived shall be deemed conforming as to the provisions of this subsection 122-4(b)(1)d.1.; however, such enclosures shall not be expanded or substantially improved unless they are brought into compliance with this chapter.

2.

The walls of any enclosed area below the base flood elevation in zone AE, on the community FIRM shall be provided with openings such as vents, louvers or automatic valves which permit the level of floodwaters within the enclosed area to match the rising and falling of floodwaters on the outside of the structure. A minimum of two openings located on separate walls shall be provided having a minimum total net area of one square inch for each square foot of enclosed area, where the enclosed area is calculated by outside dimensions. A vented garage door may be used in lieu of venting one wall opening. Openings shall be situated such that the bottom of each opening is no higher than one foot above finished grade.

3.

Interior walls, ceilings and floor, below base flood elevation, in enclosures may be finished with allowable exterior finish, regardless of whether this is specified in the permit or not, in accordance with the most recent FEMA Technical Bulletin. The most recent Technical Bulletin limits the finish to basic wall ceiling and floor construction. This is meant to exclude the use of materials and finishes normally associated with living areas constructed above base flood elevation from those areas of the enclosure located below the base flood elevation.

4.

The interior portion of an enclosed area below an elevated building may not be partitioned except that garages may be separated from storage and entryway. In the event an existing enclosure is enlarged, the walls between the existing enclosure and the additional enclosure must be deleted. Enclosed areas below an elevated building and laterally attached enclosed areas below base flood elevation must be void of utilities that would service the enclosure and cannot be temperature controlled.

5.

Necessary electrical switches for required lighting circuits may be located below the base flood elevation, provided they are of the outdoor water-resistant variety on a separate ground-fault interrupt circuit breaker and do not exceed the minimum number required by law. Except for one GFI, electrical receptacles shall not be located below the base flood elevation.

6.

Walls constructed entirely of open lattice work or screen mesh shall be considered as satisfying the requirements of subsections 122-4(b)(1)d.2., and 122-4(b)(4) of this section.

7.

The area enclosed below the base flood elevation shall not be used for human habitation.

8.

Except as noted in subsections 122-4(b)(1)b. and (b)(1)d.5. of this section or required by an applicable code no electrical, mechanical or plumbing may be located below the base flood elevation.

(2)

Nonresidential construction.

a.

New construction and substantial improvements of any commercial, industrial or other nonresidential structures within zone AE on the community's flood insurance rate map (FIRM) shall have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure 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. Elevating above base flood elevation may decrease the cost of flood insurance. Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and/or review structural design specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions contained herein. A record of such floodproofing certification which shall include the specific elevation (in relation to mean sea level) to which structures are floodproofed shall be provided to the building department. Wet floodproofing is not acceptable. New construction or cumulative substantial improvements of any commercial, industrial or other nonresidential structures within zones V1-30, VE or V shall have the bottom of the lowest horizontal structural member of the lowest floor, elevated to or above the base flood elevation.

b.

Enclosed areas below an elevated structure at grade elevation for nonresidential, commercial or industrial uses shall be permitted for limited storage or parking purposes, provided that they are anchored to prevent flotation, collapse or lateral movement of the structure and are in accordance with the requirements of subsection 122-4(b)(5)g. of this section for V zones or subsections 122-4 (b)(1)d.2.—(b)(l)d.8. of this section for A zones. Plans for such structure shall be submitted to the building official for approval prior to construction.

(3)

Accessory structures.

a.

Residential accessory structures.

1.

Any prefabricated light metal structure, which meets the following criteria, may be permitted in an A or V zone if:

(i)

The enclosed area is 150 square feet or less;

(ii)

The use is limited to limited storage; and

(iii)

The structure is properly anchored to prevent flotation, collapse, and lateral movement.

2.

Accessory light metal structures which exceed the 150 square feet enclosed space threshold or concrete or wood accessory structures built on site regardless of size or value may be permitted if they meet all of the criteria outlined in Section 122-4(b)(1)d. within A zones or the criteria set forth in subsection (b)(5)g. within V zones.

b.

Nonresidential accessory structures.

1.

All nonresidential accessory structures, or enclosed areas, which meet the following criteria, may be permitted if:

(i)

The use is restricted to limited storage and parking only;

(ii)

They meet the breakaway wall standards outlined in Section 122-4(b)(5)a. within V zones or the venting requirements outlined in Section 122-4(b)(1)d.2. within A zones;

(iii)

They meet the other requirements as outlined in subsection (b)(1)d. of this section; and

(iv)

The structures are properly anchored to prevent flotation, collapse and lateral movement.

(4)

Manufactured homes.

a.

Effective June 1, 1977, no manufactured home not already in place shall be placed within areas of special flood hazard except in an existing manufactured home park or subdivision, as hereafter defined. In the event that the Federal Emergency Management Agency eliminates the existing manufactured home park or subdivision requirement of 44 CFR 60.3(c)(12), then no manufactured home may be placed below the base flood elevation.

b.

A manufactured home that is to be placed on a qualified lot may be placed at an elevation below base flood elevation provided that:

1.

The lot which the manufactured home is to be placed is located in an existing manufactured home park or subdivision and is contiguous to and surrounded by manufactured homes not at base flood elevation.

2.

The manufactured homes that are placed or substantially improved (for other than substantial damage due to a flood) on sites in existing manufactured home parks or subdivisions in flood hazard areas shall be elevated so that the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above the grade at the site. A lower foundation system could be used if the top of the finished floor of the manufactured home or the bottom of the beam (for V zones) would be at or above the base flood elevation using such foundation.

3.

All other foundations requiring elevation of the structure in order to meet the floodplain standards must comply with Section 122-3(c), the provisions of subsection (b)(5) of this section or chapter 18 of the Florida Building Code whichever is applicable.

c.

No solid walled additions may be added to a manufactured home unless the addition is constructed under HUD (Department of Housing and Urban Development) standards and contains a HUD seal or the addition is elevated to or above the base flood elevation. Solid walled additions elevated to or above the base flood elevation must be constructed with fourth wall construction, or certified by an engineer or architect licensed by the state.

d.

Screen rooms, open decks and porches may be added to a manufactured home provided the addition is structurally independent and constructed with fourth wall construction.

e.

All manufactured homes and state approved manufactured offices or construction trailers for temporary use shall be anchored to resist flotation, collapse and lateral movement by providing over-the-top and frame ties to ground anchors as provided for in F.A.C. Chapter. 15C.

f.

An existing manufactured home that is damaged or otherwise in need of repair, reconstruction, improvement, or replacement the value of which meets or exceeds 50 percent of the value of the manufactured home without the repair, reconstruction, improvement or replacement shall not be repaired, reconstructed, improved or replaced except by a manufactured home which meets the most recent standards promulgated by the Department of Housing and Urban Development in 24 CFR 3280.308(C)(2) and, in addition, meets the standards set forth in subsections (b)(4)b., (b)(4)c., and (b)(4)d. of this section, as applicable. For the purposes of determining the value of any replacement manufactured homes under this section, the purchase price, as expressed in an invoice from an arm's length transaction, in a form acceptable to the Building Official, or using market value, as determined in section 122-3(f), whichever is greater, shall control.

g.

A manufactured home may be altered or modified by engineering standards more stringent than originally required if the manufactured home is elevated to or above the required base flood elevation.

(5)

Coastal high-hazard areas (V zones). Within the areas of special flood hazard are areas designated as coastal high-hazard areas, which have special flood hazards associated with wave wash. The following provisions shall apply in these areas:

a.

New construction or substantial improvements within zones V1-30, VE or V shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) is located at or above the base flood elevation level, with the space below the lowest horizontal structural member open or constructed with breakaway walls so as not to impede the flow of floodwaters. Breakaway walls 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 the provisions of Sections 122-4 (b)(5)g., (b)(5)h. and (b)(5)i.

b.

New construction or substantial improvements shall be securely anchored on pilings or columns.

c.

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by American Society of Civil Engineers (ASCE) Standard number 7.

d.

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with the accepted standards of practice for meeting the provisions of Sections 122-4(b)(5)a., (b)(5)b. and (b)(5)c.

e.

There shall be no fill used as structural support.

f.

Nonstructural fill shall not be placed in a V zone except with an approved Coastal Model meeting the minimum NFIP standards, that demonstrates such fill will not increase potential flood damage by wave ramping and/or deflection.

g.

If any space below the base flood elevation level is to be enclosed, such enclosed areas shall not be used for human habitation and must meet the provisions of Sections 122-4(b)(1)d.1., (b)(1)d.3.—(b)(1)d.8. and (b)(5)a. of this section.

h.

Prior to construction, plans for any structure that will have enclosed space below the base flood elevation level shall be submitted to the Building Official or his designee for approval.

i.

Walls and partitions shall be allowed below the base flood elevation, provided they are not part of the structural support of the building and are designed to break away under the impact of abnormally high tides or wind-driven water without damage to the structural integrity of the building on which they are to be used, and provided that a design load limit of not less than ten and no more than 20 pounds per square foot shall be used as the safe load design for breakaway walls.

j.

Compliance with the provisions contained in Section 122-4(b)(5)i. of this section shall be certified by a registered professional engineer or architect.

k.

Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the base flood elevation level except as provided for in Sections 122-4(b)(5)g. and (b)(5)i. of this section.

1.

No manmade alteration of mangroves or beach berm system shall be permitted which will increase the potential for flood damage.

(6)

Basement construction. No basement shall be constructed in the county.

(7)

Enclosures below base flood elevation. No enclosure below the base flood elevation shall be constructed or equipped for such uses as a kitchen, dining room, family room, recreation room, office, bedroom, bathroom or workshop. This prohibition does not apply to new improvements that are not substantial to post FIRM structures rendered noncompliant by amendments to the flood insurance rate map as long as the improvement is at the same elevation the structure was originally built to; ground level structures whose initial construction began prior to January 1, 1975; and those structures that are listed on the National Register of Historic Places, the Florida Inventory of Historic Places or any inventory of local historic places.

(8)

Below base flood elevation variance. In no event shall a below base flood elevation variance be necessary for improvements to an existing structure whose initial construction began prior to December 31, 1974, or to a legally placed manufactured home when the improvements are not substantial.

(9)

Recreational vehicles. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE, V-130, V and VE on the community's FIRM either:

a.

Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use; or

b.

Meet the permit requirements of Section 122-4(b)(4). A recreational vehicle is ready for highway use if it is on its wheels or internal jacking system, designed to be self-propelled or permanently towable by a light duty truck, is attached to the site only by quick disconnect type utilities and security devices, and has no permanent attached additions.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016) Ord. No. 024-2017 , § 1, 11-14-2017)