§ 72-749. Provisions for flood hazard reduction.

(a)

General standards . In all areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding, and meet the following provisions:

(1)

New construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

Manufactured homes shall be anchored to prevent flotation, 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 of Florida requirements for resisting wind forces;

(3)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. See the applicable technical bulletin or bulletins for guidance;

(4)

New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. See the applicable technical bulletin or bulletins for guidance;

(5)

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and 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 designed to minimize or eliminate infiltration of floodwaters into the system;

(7)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

(8)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

(9)

Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this division at the time of application for permit, shall meet the requirements of "new construction" as contained in this division;

(10)

Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this division at the time of application for permit, shall be undertaken only if said nonconformity is not furthered, extended, or replaced;

(11)

All applicable additional federal, State of Florida, and local permits shall be obtained and submitted to the floodplain administrator. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but are not limited to the following:

a.

St. Johns River Water Management District: In accordance with Florida Administrative Code, Chapter 40C-4.041, Permit Required; and F.S. § 373.036(2)(a), Flood Protection and Floodplain Management.

b.

Department of community affairs: In accordance with F.S. § 380.05, Areas of Critical State Concern; and F.S.ch. 553, pt. IV, Florida Building Code.

c.

Department of health: In accordance with F.S. § 381.0065, On-site Sewage Treatment and Disposal Systems.

d.

Department of environmental protection, coastal construction control line: In accordance with F.S. § 161.053, Coastal Construction and Excavation.

(12)

When proposed new construction and substantial improvements are partially located in an area of special flood hazard, the entire structure shall meet the standards for new construction;

(13)

When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevations, the entire structure shall meet the standards for the most hazardous flood hazard risk zone and the highest base flood elevation.

(b)

Specific standards for A-zones where base flood elevation data have been provided or base flood elevation is undetermined or not numbered. In all A-zones where base flood elevation data have been provided (zones AE, A1-30, and AH), as set forth in subsection 72-746(b), and A-zones where the base flood elevation is undetermined or unnumbered on said maps, the following provisions shall apply:

(1)

Residential construction. All new construction and all substantial improvement of any residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than one foot above the base flood elevation or 12 inches above the crown of all adjacent roads, whichever is greater. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of subsection 72-749(b)(3).

The following exceptions shall apply:

a.

The floor of accessory structures as defined in section 72-245, Definitions.

b.

The lowest floor of a garage used solely for the purpose of parking vehicles shall be elevated no lower than the base flood elevation.

c.

The floor of a substantial improvement of any residential structure with a certificate of completion permitted prior to the adoption of Ordinance No. 88-3, January 19, 1988, shall be elevated no lower than the base flood elevation or the floor of the existing structure, whichever is greater.

(2)

Nonresidential construction. All new construction and all substantial improvement of any commercial, industrial, or nonresidential building (including manufactured home used solely for nonresidential purposes) shall have the lowest floor, including basement, elevated to no lower than one foot above the base flood elevation. All nonresidential buildings located in A-zones may be floodproofed, in lieu of being elevated, provided that all areas of the building components below the base flood elevation plus one foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied using the FEMA floodproofing certificate. Such certification along with the corresponding engineering data and the operational and maintenance plans shall be provided to the floodplain administrator.

The following exceptions shall apply:

a.

The floor of accessory structures as defined in section 72-245, Definitions.

b.

The floor of a substantial improvement of any nonresidential structure with a certificate of completion permitted prior to the adoption of Ordinance No. 88-3, January 19, 1988, shall be elevated no lower than the base flood elevation or the floor of the existing structure, whichever is greater.

(3)

Elevated buildings. New construction and substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor 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:

1.

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;

2.

The bottom of all openings shall be no higher than one foot above foundation adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic flow of floodwaters in both directions.

b.

Electrical, plumbing and other utility connections are prohibited below the base flood elevation;

c.

Fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, storage, and building access. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door), 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 finished or partitioned into separate rooms.

(4)

Standards for manufactured homes and recreational vehicles.

a.

All manufactured homes that are placed, or substantially improved within all A-zones where base flood elevation data have been provided (zones AE, A1-30, and AH), as set forth in subsection 72-746(b), and A-zones where the base flood elevation is undetermined or unnumbered on said maps, on sites: (i) outside of an existing manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; (iii) in an expansion to an existing manufactured home park or subdivision; or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall have the lowest floor elevated on a permanent foundation to no lower than one foot above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

b.

All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision within all A-zones where base flood elevation data have been provided (zones AE, A1-30, and AH), as set forth in subsection 72-746(b), and A-zones where the base flood elevation is undetermined or unnumbered on said maps, that are not subject to the provisions of subsection (4)a. of this section, shall be elevated so that either:

1.

The lowest floor of the manufactured home is elevated on a permanent foundation to no lower than one foot above the base flood elevation and it is securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; or

2.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength that are no less than 48 inches in height above the grade and securely anchored to an adequate foundation system to resist flotation, collapse, and lateral movement.

c.

All recreational vehicles placed on sites within all A-zones where base flood elevation data have been provided (zones AE, A1-30, and AH), as set forth in subsection 72-746(b), and A-zones where the base flood elevation is undetermined or unnumbered on said maps, must either meet all the requirements for new construction, including anchoring and elevation requirements in accordance with subsections 72-749(b)(4)a. and b. of this section, or:

1.

Be on the site for fewer than 180 consecutive days; and

2.

Be fully licensed and ready for highway use (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 additions).

d.

Adequate drainage paths around structures shall be provided on slopes to guide water away from structures.

(5)

Standards for streams with established base flood elevations, without regulatory floodways. Located within the areas of special flood hazard established in subsection 72-746(b), where streams exist for which base flood elevation data has been provided by the FEMA without the delineation of the regulatory floodway (zones AE and A1-30), the following additional provisions shall also apply:

a.

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development including fill shall be permitted within the areas of special flood hazard, unless it is demonstrated that 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 one foot at any point within the community.

b.

Development activities which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with the community's endorsement, for a conditional FIRM revision, and receives the approval of the FEMA.

(6)

Standards for streams without established base flood elevations and floodways. Located within the areas of special flood hazard established in subsection 72-746(b), where small streams exist but where no base flood data have been provided and where no floodways have been provided, the following provisions shall apply:

a.

No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five times the width of the stream at the top of bank or 20 feet each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b.

New construction and all substantial improvements of structures shall be elevated or floodproofed to elevations established in accordance with subsection 72-749(b).

(7)

Floodways. Located within areas of special flood hazard established in subsection 72-746(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and have significant erosion potential, the following additional provisions shall also apply:

a.

Encroachments, including fill, new construction, substantial improvements and all other development within the regulatory floodway is prohibited unless certification (with supporting technical data) by a registered professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard engineering practice demonstrating that the proposed encroachment will not result in any increase in flood levels during occurrence of the base flood discharge.

b.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of subsection 72-749(a)(2), and the elevation standards of subsections 72-749(b)(1) and (2), and the encroachment standards of subsection 72-749(b)(7)a., are met.

c.

Development activities including new construction and substantial improvements that increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with the community's endorsement, for a conditional FIRM revision, and receives the approval of FEMA.

d.

When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodway, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood in accordance with subsection 72-749(b)(7)a.

(8)

For all structures located seaward of the coastal construction control line (CCCL), the lowest floor of all new construction and all substantial improvements shall be elevated to the regulatory flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with subsection 72-746(b), whichever is higher. All nonelevation design requirements of subsection 72-749(e) shall apply.

(c)

Specific standards for A-zones without base flood elevations and regulatory floodways. Located within the areas of special flood hazard established in subsection 72-746(b), where there exist A zones for which no base flood elevation data have been provided and no regulatory floodway has been designated by FEMA, the following provisions shall apply:

(1)

The general standards set forth in subsection 72-749(a) must be met.

(2)

The floodplain administrator shall reasonably utilize any submitted base flood elevation and floodway data available from a federal source, State of Florida source, local government source, or a Florida registered engineer in order to administer the provisions of this division. When such data is utilized, provisions of subsection 72-749(b) shall apply.

(3)

In riverine situations, applicant shall notify adjacent communities, the State of Florida, Department of Community Affairs, National Flood Insurance Program (hereinafter "NFIP") Coordinating Office, and the St. Johns Water Management District prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA.

(4)

The applicant shall:

a.

Submit any base flood elevation and floodway data available from a federal source, State of Florida source, local government source, or a Florida registered engineer;

b.

Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures;

c.

Obtain, if the structure has been floodproofed in accordance with the requirements of subsection 72-749(b)(2), the elevation in relation to the mean sea level to which the structure has been floodproofed;

d.

Provide engineering documentation assuring that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained; and

e.

The floodplain administrator shall maintain a record of all such submitted information.

(5)

All new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, any part of which is located in an A-zone for which no base flood elevation data and regulatory floodway information have been provided, shall include within such proposals base flood elevation data.

(6)

Standards for subdivision approvals.

a.

All subdivision proposals shall be consistent with the need to minimize flood damage;

b.

All subdivision proposals shall have utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

d.

Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions).

(7)

Manufactured homes shall be installed using methods and practices that minimize flood damage. They must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces.

(8)

New construction or substantial improvement of any residential structure shall have the lowest floor, including the basement, elevated no lower than one foot above the base flood elevation in areas where the base flood elevation has been determined and is numbered on the maps referred to in subsection 72-746(b), or no lower than one foot above the base flood elevation as determined by a Florida registered engineer in areas where the base flood elevation is undetermined or unnumbered on said maps, or 12 inches above the crown of all adjacent roads, whichever is greater.

(d)

Specific standards for AO-zones. Located within the areas of special flood hazard established in subsection 72-746(b) are areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate; therefore, the following provisions shall apply:

(1)

All new construction and all substantial improvements of residential structures in all AO zones shall have the lowest floor, including basement, elevated above the highest adjacent grade at least one foot higher than the depth number specified in feet on the FIRM or 12 inches above the crown of all adjacent roads, whichever is greater. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than three feet above the highest adjacent grade. The following exceptions shall apply:

a.

The floor of accessory structures as defined in section 72-245, Definitions.

b.

The lowest floor of a garage used solely for the purpose of parking vehicles shall be elevated above the highest grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than two feet above the highest adjacent grade.

c.

The floor of a substantial improvement of any residential structure with a certificate of completion permitted prior to the adoption of Ordinance No. 88-3, January 19, 1988, shall have the lowest floor elevated above the highest grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than two feet above the highest adjacent grade.

(2)

All new construction and all substantial improvements of nonresidential structures shall:

a.

Have the lowest floor, including basement, elevated above the highest adjacent grade at least one foot higher than the depth number specified in feet on the FIRM or 12 inches above the crown of all adjacent roads, whichever is greater. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to at least three feet above the highest adjacent grade; or

b.

Together with attendant utility and sanitary facilities, be completely floodproofed to that level required to meet the floodproofing standard specified in subsection 72-749(b)(2).

c.

The following exceptions shall apply:

1.

The floor of accessory structures as defined in section 72-245, Definitions.

2.

The floor of a substantial improvement of any nonresidential structure with a certificate of completion permitted prior to the adoption of Ordinance No. 88-3, January 19, 1988, shall have the lowest floor elevated above the highest grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than two feet above the highest adjacent grade.

(3)

Adequate drainage paths around structures shall be provided on slopes to guide water away from structures.

(4)

Fully enclosed areas below the lowest floor that are subject to flooding shall meet the nonelevation design requirements of subsection 72-749(b).

(e)

Specific standards for coastal high hazard areas (V-zones). Located within areas of special flood hazard established in subsection 72-746(b) are coastal high hazard areas, designated as zones V1-30, VE, or V (with BFE). The following provisions shall apply for all development activities located within these areas:

(1)

Applicant must meet the requirements of subsection 72-748(a), subsection 72-749(a), subsection 72-749(b) (except subsections 72-749(b)(7), (c), (e).

(2)

All new construction and substantial improvements in zones V1—V30, VE, and V (with BFE) shall be elevated on pilings or columns so that:

a.

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to no lower than two feet above the base flood elevation whether or not the structure contains a basement; and

b.

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 shall be those values associated with the base flood. Wind loading values shall be those values required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards.

(3)

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 accepted standards of practice for meeting the provisions of this section.

(4)

Applicant must obtain and provide the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The floodplain administrator shall maintain a record of all such information.

(5)

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

(6)

All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

a.

Breakaway wall collapse shall result from water load less than that which would occur during the base flood;

b.

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading values shall be those values associated with the base flood. The wind loading values shall be those values required by applicable Florida or local, if more stringent than those of the State of Florida, building standards; and

c.

Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be finished, partitioned into multiple rooms, or temperature-controlled.

(7)

The use of fill for structural support is prohibited. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on-site or adjacent structures.

(8)

Manmade alteration of sand dunes and mangrove stands that would increase potential flood damage is prohibited.

(9)

Standards for manufactured homes.

a.

No new placement of manufactured homes (including "house trailers" as defined in F.S. § 316.003(15) shall be allowed, except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of subsection 72-749(a)(2) and the elevation standards of subsection 72-749(b)(4)a. are met.

(10)

Placement of recreational vehicles, except in an existing recreational vehicle park is prohibited. Those which are placed in an existing recreational vehicle park must be on-site for fewer than 180 consecutive days, fully licensed and ready for highway use (on its wheels or lacking system), attached to the site by quick-disconnect type utilities and security devices, and have no permanently attached additions. There shall also exist a plan for removal in case of a threat.

(11)

For all structures located seaward of the coastal construction control line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is the higher. All nonelevation design requirements established in subsections 72-749(e)(2) through (11) shall apply.

(12)

When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in coastal high hazard area, the development permit may be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood, nor cause any adverse impacts to adjacent properties by wave ramping and deflection.

(Ord. No. 2011-24, § I, 9-8-11; Ord. No. 2013-20, § IX, 12-12-13)