ORDINANCE NO 1405
AN ORDINANCE BY THE CITY OF AUBURNDALE FLORIDA AMENDING THE
ORDINANCE NO 764 THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF AUBURNDALE FLORIDA BY AMENDING THE TEXT OF CHAPTER 14 FLOOD
PROTECTION AND PROVIDING AN EFFECTIVE DATE
WHEREAS the
of the State of Florida has in Chapter 166
Florida Statutes conferred upon local governments the authority to
Municipalities
regulations designed
citizenry and
Legislature
to promote the
WHEREAS the Federal
public
health
safety
and
general
Emergency Management Agency
adopt
welfare of its
has identified
special
flood hazard areas within the boundaries of the City of Auburndale and such areas may
be subject to periodic inundation which may result in loss of life and property health and
safety hazards disruption of commerce and governmental services extraordinary 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 and
WHEREAS the City of Auburndale was accepted for participation in the National
Flood Insurance Program on May 11 1979 and the City Commission desires to continue
to meet the requirements of Title 44 Code of Federal Regulations Sections 59 and 60
necessary for such participation and
WHEREAS Chapter 553 Florida Statutes was adopted by the Florida
Legislature to provide a mechanism for the uniform adoption updating amendment
interpretation and enforcement of a state building code called the Florida Building Code
and
WHEREAS section 553 73 5 Florida Statutes allows adoption of local
administrative amendments to the Florida Building Code to implement the National Flood
Insurance Program and
WHEREAS the
City Commission has determined that it is in the public interest
adopt
proposed floodplain management regulations that are coordinated with the
Florida Building Code
to
the
NOW THEREFORE BE IT ORDAINED
by the City Commission of the City
Auburndale that the following floodplain management regulations and the following
administrative amendments to the 2010 Florida Building Code are hereby adopted
SECTION 1
regulations
local
RECITALS
The foregoing whereas clauses
hereof
SECTION 2
of
This ordinance
Chapter
are
incorporated
specifically repeals
14 Flood Protection
herein
by
reference and made
a
and replaces the following and
of the Land Development Regulations
part
CHAPTER 14 FLOOD PROTECTION
Table of Contents
ARTICLE 1 ADMINISTRATION AND GENERAL PROVISIONS
Sec 14 1 1
2
2
GENERAL
Sec 14 1 2 APPLICABILITy
3
See 14 13 DUTIES AND POWERS OF THE FLOODPLAIN
ADMINISTRATOR
4
See 14 1 4 PERMITS
7
See 14 1 5 SITE PLANS AND CONSTRUCTION DOCUMENTS
10
See 14 1 6 INSPECTIONS
12
See 14 1 7 VARIANCES AND APPEALS
13
See 14 1 8
16
VIOLATIONS
ARTICLE 2 DEFINITIONS
Sec 14 2 1
16
16
GENERAL
Sec 14 2 2
DEFINITIONS
ARTICLE 3 FLOOD RESISTANT DEVELOPMENT
Sec
3 1
14
BUILDINGS AND STRUCTURES
16
23
23
Sec 14 3 2 SUBDIVISIONS
23
Sec 14 3 3 SITE IMPROVEMENTS UTILITIES AND LIMITATIONS
24
Sec
25
3 4 MANUFACTURED HOMES
14
Sec 14 3 5 RECREATIONAL VEHICLES AND PARK TRAILERS
26
Sec 14 3 6 TANKS
26
Sec
27
14 3 7 OTHER DEVELOPMENT
LOR
14
1
ARTICLE 1 ADMINISTRATION AND GENERAL PROVISIONS
Sec 14 1 1 GENERAL
These
regulations
Auburndale Land
Floodplain Management Chapter of the City of
Development Regulations hereinafter referred to as this chapter or
shall be known
as
the
these regulations
provisions of this chapter shall apply to all development
that is wholly within or partially within any flood hazard area including
but not limited to the subdivision of land filling grading and other site
construction
alteration
improvements and utility installations
remodeling enlargement improvement replacement repair relocation
structures and facilities that are exempt from
or demolition of buildings
the Florida Building Code placement installation or replacement of
installation or
manufactured homes and manufactured buildings
replacement of tanks placement of recreational vehicles installation of
swimming pools and any other development
14 1 1 1 SCOPE
The
The purposes of this chapter and the flood load and flood
resistant construction requirements of the Florida Building Code are to
14 1 1 2 INTENT
safeguard the public health safety
and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to
establish minimum
to
requirements
A Minimize unnecessary disruption of
service during times of flooding
B
Require the
or
C
use
of appropriate construction
minimize future flood
the
alteration
beneficial functions of the
E Minimize
Help
damage
maintain
a
hazard
impact
floodplain
to public and
private
stable tax base
public
excavation
drilling
development
potential
areas
development
watercourses
on
and
the natural and
facilities and utilities
by providing
for the sound
use
and
areas
G Minimize the need for future
projects
erosion
or
of
development offlood hazard
control
and
in order to prevent
materials and other
or
of flood
shorelines to minimize the
F
practices
Manage filling grading dredging mining paving
Manage
access
damage
operations storage of equipment
which may increase flood damage
D
commerce
expenditure
of
public
funds for flood
and response to and recovery from flood events and
requirements of the National
community participation as set forth in
Regulations Section 59 22
H Meet the
LOR
14
2
Flood Insurance
Program
for
the Title 44 Code of Federal
14 1 1 3
chapter
is intended to be administered and enforced in
the Florida
Building
4 WARNING
1
conjunction
with
Where cited ASCE 24 refers to the edition of
Code
the standard that is referenced
14 1
This
COORDINATION WITH THE FLORIDA BUILDING CODE
by
the Florida
Building
Code
degree of flood protection required by this chapter and
the Florida Building Code as amended by this community is considered
the minimum reasonable for regulatory purposes and is based on
scientific and engineering considerations
Larger floods can and will
occur
Flood heights may be increased by man made or natural causes
This chapter does not imply that land outside of mapped special flood
hazard areas or that uses permitted within such flood hazard areas will
be free from flooding or flood damage The flood hazard areas and base
flood elevations contained in the Flood Insurance Study and shown on
Flood Insurance Rate Maps and the requirements of Title 44 Code of
Federal Regulations Sections 59 and 60 may be revised by the Federal
Emergency Management Agency requiring this community to revise
these regulations to remain eligible for participation in the National Flood
Insurance Program No guaranty ofvested use existing use or future use
is implied or expressed by compliance with this chapter however every
consideration shall be given for vested existing or future use
14 1 1 5
The
DISCLAIMER OF LIABILITY
This
chapter shall not create liability
on the
part of the City of Aubumdale or by any officer or employee
thereof for any flood damage that results from reliance on this chapter or
any administrative decision lawfully made thereunder
Sec 14 12 APPLICABILITY
14
2 1 GENERAL Where there is
1
a
14
specific requirement
the
a
conflict between
specific requirement
a
general requirement
shall be
2 2 AREAS TO WHICH THIS CHAPTER APPLIES
1
apply
to
all
flood hazard
established in Section 14 1
14 1 2 3
areas
within the
3 of this
2
City
applicable
This
chapter
effective
for Polk
Study
September
28
Number 12105CV001B
County
and all
Florida and
subsequent
and the
as
chapter
identified
2012
shall
of Aubumdale
BASIS FOR ESTABLISHING FLOOD HAZARD AREAS
Insurance
and
by
The Flood
Incorporated
Flood
Insurance
Areas
Study
amendments and revisions
accompanying Flood Insurance Rate Maps FIRM and all
subsequent amendments and revisions to such maps are adopted by
reference as a part of this chapter and shall serve as the minimum basis
for establishing flood hazard areas Studies and maps that establish flood
hazard areas are on file at the Office of Community Development
LDR
14
3
14 1 2 3 1 SUBMISSION OF ADDITIONAL DATA TO ESTABLISH
FLOOD HAZARD AREAS
base flood elevations
To establish flood hazard
pursuant
to Sec
14 1 5 of this
areas
and
chapter
the
Floodplain Administrator may require submission of additional
data
Where field surveyed topography prepared by a Florida
professional surveyor or digital topography accepted by
community indicates that ground elevations
licensed
the
applicable base flood elevation even in
areas not delineated as a
special flood hazard area on a FIRM the
area shall be considered as flood hazard area and
subject to the
requirements ofthis chapter and as applicable the requirements of
the Florida Building Code
A Are below the closest
B
Are above the closest
shall be
regulated
obtains
a
special
Letter of
flood hazard
14 1 2
4 OTHER LAWS
nullify
14 12 5
any
The
provisions
ABROGATION
applicable base flood elevation the area
special flood hazard area unless the applicant
Map Change that removes the area from the
as
area
provisions
of this
oflocal state
or
chapter
shall not be deemed to
federal law
AND GREATER
RESTRICTIONS
This
chapter
supersedes any chapter in effect for management of development in flood
hazard areas However it is not intended to repeal or abrogate any
existing chapters including but not limited to land development
regulations zoning chapters storm water management regulations or the
Florida Building Code
In the event of a conflict between this chapter
and any other chapter the more restrictive shall govern
This chapter
shall not impair any deed restriction covenant or easement but any land
that is subject to such interests shall also be governed by this chapter
14 12 6 INTERPRETATION
chapter
all
provisions
In the
A
Considered
B
Shall be considered in
C
Deemed neither to limit
as
interpretation
and
application
of this
shall be
minimum
requirements
light
nor
ofthe
governing body
repeal
and
any other powers
granted
under
state statutes
See 14 13 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
14 1 3 1 DESIGNATION
The
Building Official is designated as the Floodplain
Administrator The Floodplain Administrator may delegate performance
of certain duties to other employees
LOR
14
4
14 1 3
2 GENERAL The
Floodplain Administrator is authorized and directed to
provisions of this chapter The Floodplain
Administrator shall have the authority to render interpretations of this
chapter consistent with the intent and purpose of this chapter and may
establish policies and procedures in order to clarify the application of its
provisions Such interpretations policies and procedures shall not have
the effect of waiving requirements specifically provided in this chapter
without the granting of a variance pursuant to Sec 14 1 7 of this chapter
administer and enforce the
14 1 3
APPLICATIONS AND PERMITS
The
Floodplain Administrator in
coordination with other pertinent offices of the community shall
A
Review applications and plans to determine whether proposed new
development will be located in flood hazard areas
Review applications for modification of any existing development
B
in flood hazard areas for compliance with the requirements ofthis
chapter
C
Interpret flood hazard area boundaries where such interpretation is
necessary to determine the exact location of boundaries a person
contesting the determination shall have the opportunity to appeal
the
interpretation
D
Provide available flood elevation and flood hazard information
E
Determine whether additional flood hazard data shall be obtained
from other
shall be
developed by an applicant
applications
proposed development
will be reasonably safe from flooding
Issue
floodplain development permits or approvals for
development other than buildings and structures that are subject to
the Florida Building Code including buildings structures and
facilities
exempt from the Florida Building Code when
compliance with this chapter is demonstrated or disapprove the
same in the event of
noncompliance and
sources or
Review
F
G
H
to determine whether
Coordinate with and
provide comments to other pertinent offices
agencies to assure that applications plan reviews and
inspections for buildings and structures in flood hazard areas
comply with the applicable provisions of this chapter
and
14 1 3
4
DETERMINATIONS
STRUCTURES
FOR
EXISTING
For
for
BUILDINGS
building permits
AND
to
applications
improve
buildings and structures including alterations movement enlargement
replacement repair change of occupancy additions rehabilitations
renovations substantial improvements repairs of substantial damage and
any other improvement of or work on such buildings and structures the
Floodplain Administrator in coordination with Construction Services
shall
A
Estimate the market value
appraisal
LDR
14
5
require the applicant to obtain an
prepared by a qualified independent
or
of the market value
of the
appraiser
construction of the
value of the
building or
proposed work
building
or
structure
in the
before
case
the
start
of
of repair the market
structure shall be the market value before
damage occurred and before any repairs are made
Compare the cost to perform the improvement the cost to repair a
building to its pre damaged condition or the combined
the
B
damaged
improvements and repairs
of the building or structure
costs of
value
Determine and document whether the
C
applicable
proposed
to the market
work constitutes
damage and
improvement repair
Notify the applicant if it is determined that the work constitutes
substantial improvement or repair of substantial damage and that
compliance with the flood resistant construction requirements of
the Florida Building Code and this chapter is required
substantial
D
14 1 3 5
if
ofsubstantial
or
MODIFICATIONS
REQUIREMENTS
OF
OF
THE
THE
STRICT APPLICATION
FLORIDA
BUILDING
OF
THE
CODE
The
Floodplain Administrator shall review requests submitted to Construction
Services that seek approval to modify the strict application ofthe flood
load and flood resistant construction requirements of the Florida Building
Code to determine whether such requests require the granting of a
variance pursuant to Sec 14 1 7 ofthis chapter
14 1 3 6
NOTICES
coordinate
AND ORDERS
with
necessary notices
local
appropriate
or
orders to
Floodplain Administrator shall
agencies for the issuance of all
compliance with this chapter
The
ensure
Floodplain Administrator shall make the required
inspections
specified in Sec 14 1 6 of this chapter for development
that is not subject to the Florida Building Code including buildings
structures and facilities exempt from the Florida Building Code The
Floodplain Administrator shall inspect flood hazard areas to determine if
14 1 3 7 INSPECTIONS
The
as
development
14 1 3 8
is undertaken without issuance of a permit
OTHER DUTIES OF THE FLOODPLAIN ADMINISTRATOR The
Floodplain
Administrator
shall have other duties
including
but not
limited to
A
Establish in coordination with Construction Services
procedures
documenting determinations of substantial
improvement and substantial damage made pursuant to Section
14 1 3
4 ofthis chapter
Require that applicants proposing alteration of a watercourse notify
adjacent communities and the Florida Division of Emergency
Management State Floodplain Management Office and submit
copies of such notifications to the Federal Emergency Management
for
B
administering
Agency
and
FEMA
LDR
14
6
C
who
Require applicants
engineering analyses
to
submit
hydrologic and hydraulic
support permit applications to submit to
FEMA the data and information necessary to maintain the Flood
Insurance Rate Maps if the analyses propose to change base flood
elevations
flood
hazard
area
boundaries
floodway
or
such submissions shall be made within 6 months of
designations
such data becoming available
Review required design certifications and documentation of
elevations specified by this chapter and the Florida Building Code
D
determine that
to
such certifications
and
documentations
are
and
complete
Notify the
E
Federal
14 1 3 9
City ofAubumdale are modified
FLOODPLAIN MANAGEMENT
limitation
on
the
period required
RECORDS
Regardless of any
public records the
permanently keep and make
for retention of
Administrator shall maintain and
Floodplain
when the
Emergency Management Agency
corporate boundaries ofthe
available for
public inspection all records that are necessary for the
administration of this chapter and the flood resistant construction
requirements of the Florida Building Code including Flood Insurance
Rate Maps Letters of Change records of issuance of permits and denial
of permits
determinations of whether proposed work constitutes
substantial improvement or repair of substantial damage required design
certifications and documentation of elevations specified by the Florida
Building Code and this chapter notifications to adjacent communities
FEMA
that
and the state related to alterations of watercourses
the
flood
of altered
carrying capacity
maintained
documentation related to
justification
for issuance
or
denial
appeals
assurances
watercourses
and variances
will
be
including
and records of enforcement actions
taken pursuant to this chapter and the flood resistant construction
These records shall be
requirements of the Florida Building Code
available for
public inspection
See 14 14 PERMITS
14 1 4 1
PERMITS
hereinafter
REQUIRED
Any owner or owner s
who
intends to undertake
applicant
authorized agent
any development
within the scope of this chapter including buildings structures
and facilities exempt from the Florida Building Code which is wholly
activity
within or
partially within any flood hazard area shall first make application
to the Floodplain Administrator and Construction Services if applicable
and shall obtain the required permit s and approval s
No such permit or
approval shall be issued until compliance with the requirements of this
chapter and all other applicable codes and regulations has been satisfied
14 1
42
FLOODPLAIN
DEVELOPMENT
Floodplain development permits
LOR
14
or
7
PERMITS
approvals
OR
APPROVALS
shall be issued pursuant to this
chapter
for any
development activities not subject to the requirements of the
Florida Building Code
including buildings structures and facilities
from
the
Florida
exempt
Building Code Depending on the nature and
extent of proposed development that includes a
building or structure the
Administrator
determine
a
that
Floodplain
may
floodplain development
permit or approval is required in addition to a building permit
14 1 4
2 1
BUILDINGS
STRUCTURES
AND
FACILITIES
EXEMPT FROM THE FLORIDA BUILDING CODE
to the requirements of federal regulation for
Pursuant
in the
participation
National Flood Insurance
the
44 C F R Sections 59 and 60
Program
floodplain development permits
or
approvals
shall be
required
for
facilities that are exempt
following buildings
the Florida Building Code and any further
exemptions
provided by law which are subject to the requirements of this
chapter
structures and
from
A Railroads and
B
ancillary facilities associated with the railroad
buildings on farms as provided in section
Nonresidential farm
604 50 F S
C
Temporary buildings
D
purposes
Mobile or modular structures used
E
Those structures
section
366 02
or
or
sheds used
F S
generation
Family mausoleums
which
are
which
on
or
not
prefabricated
and delivered
temporary
offices
site
are
directly
as
defined in
involved
in
the
distribution of electricity
exceeding
250 square feet in area
on site or
preassembled
and assembled
and have walls
constructed of granite marble
or
roofs
and
a
floor
reinforced concrete
G
Temporary housing provided by the Department
to any prisoner in the state correctional
system
H
Structures identified in Section 553 73 1O k
F S
are not
from
the
Florida
Code
if
such
exempt
structures are
Building
located in flood hazard areas established on Flood Insurance
Rate
14 1 4
3
as
facilities of electric utilities
transmission
F
for construction
exclusively
of Corrections
Maps
APPLICATION FOR A PERMIT
OR
APPROVAL To
obtain
a
floodplain development permit approval
applicant
application in writing on a form furnished by the community The
information provided shall
A
Identify and describe the development to be covered by the permit
or
or
B
the
shall first file
an
approval
Describe the land
which the
proposed development is to be
by legal description street address or similar description
will readily identify and definitively locate the site
on
conducted
that
LOR
14
8
Indicate
C
D
E
F
G
the
and
for
which
the
proposed
development is intended
Be accompanied by a site plan or construction documents as
specified in Sec 14 1 5 ofthis chapter
State the valuation ofthe proposed work
Be signed by the applicant or the applicant s authorized agent
Give such other data and information as required by the Floodplain
use
occupancy
Administrator
14
4 4 VALIDITY OF PERMIT OR APPROVAL The issuance of a floodplain
1
development permit or approval pursuant to this chapter shall not be
construed to be a permit for or approval of any violation of this chapter
the Florida Building Codes or any other ordinance or regulation of this
community The issuance of permits based on submitted applications
construction documents
and information that is
erroneous or
omissions shall not prevent the Floodplain Administrator from
the correction of errors and omissions
14 1 4 5
contains
requiring
floodplain development permit or approval shall
by such permit is commenced
within 180 days after its issuance or if the work authorized is suspended
or abandoned
for a period of 180 days after the work commences
Extensions for periods of not more than 180 days each shall be requested
in writing and justifiable cause shall be demonstrated
EXPIRATION
A
become invalid unless the work authorized
14 1 4 6
SUSPENSION OR REVOCATION The
authorized to
revoke
Floodplain Administrator
floodplain development permit
is
suspend
permit was issued in error on the basis of incorrect
inaccurate or incomplete information or in violation of this chapter or
any other ordinance regulation or requirement ofthis community
approval
14
or
a
or
if the
4 7 OTHER PERMITS
1
REQUIRED
Floodplain development permits
building permits
shall include
federal
be obtained before
permits
a
condition that all other
development including
but not limited to the
A
Florida
The Southwest
applicable
commencement of the
Water
and
state
or
permitted
following
Management
District
Section
373 036 F S
B
Florida
of Health for onsite sewage treatment and
F S and Chapter 64E 6
Department
Section 381 0065
disposal systems
F AC
C
D
Florida
of Environmental Protection
Department
subject
to the Joint Coastal Permit
Florida
Department
of Environmental Protection for activities that
affect wetlands and alter surface water flows in
the U S
for activities
Section 161055 F S
Army Corps
Act
LOR
conjunction
with
of Engineers Section 404 ofthe Clean Water
14
9
See 14 15 SITE PLANS AND CONSTRUCTION DOCUMENTS
14 1 5 1
INFORMATION
AREAS
subject
B
DEVELOPMENT
IN
FLOOD
HAZARD
construction documents for any development
plan
to the requirements of this chapter shall be drawn to scale and
shall include
A
FOR
The site
or
to the
applicable
proposed development
areas
floodway boundaries and flood
zone s
base flood elevation s and ground elevations if necessary
for review of the proposed development
Where flood hazard areas base flood elevations or floodway data
are not included on the FIRM or in the Flood Insurance
Study they
as
Delineation of flood hazard
shall be established in accordance with Section 14 1
2 of this
5
chapter
C
Where the
place
parcel
will have
base flood elevations
Insurance
which the
on
more
the FIRM
or
in the Flood
such elevations shall be established in accordance
Study
B of this
chapter
proposed activity and proposed structures and
of existing buildings and structures
extent amount and proposed final grades of any filling
Location
or
excavation
Where the
placement
grading
F
on
or
Location of the
locations
E
not included
are
with Section 14 1 5 2 A
D
proposed development will take
or is
larger than 5 acres and the
than 50 lots
of fill is
proposed the amount type and
compaction specifications a description of
of fill material
source
the intended purpose of the fill areas and evidence that the
proposed fill areas are the minimum necessary to achieve the
intended purpose
G
Existing
and
proposed alignment
of any
proposed
alteration of
a
watercourse
The
Floodplain
Administrator is authorized to waive the submission of
site
plans construction documents and other data that are required by
chapter but that are not required to be prepared by a registered design
professional if it is found that the nature of the proposed development is
this
such that the review of such submissions is not necessary to ascertain
compliance with this chapter
14 1
2
5
INFORMATION IN FLOOD HAZARD AREAS WITHOUT BASE
ELEVATIONS
APPROXIMATE ZONE A
Where flood
FLOOD
hazard
areas
are
delineated
on
the FIRM and base flood elevation data
have not been provided the
A
Floodplain Administrator
provide to applicants base
Obtain review and
floodway
source
or
elevation
agency
or
data available from
federal
shall
flood elevation and
state agency
or
other
applicant to obtain and use base
require
floodway data available from a federal or
flood
the
and
other
source
LOR
or
14
10
a
or
state
B
Where base flood elevation and
from another
the
conditions
Administrator to not
where
or
the
scientifically or technically
1
Require
the
practices
C
are
applicant
or
data
by
flooding
known
are
otherwise
deemed
reflect
reasonably
available
incorrect
not available
are
be
to
inadequate
develop base flood elevation data
currently accepted engineering
to
in accordance with
prepared
2
data
where the available the data
source
Floodplain
floodway
or
Specify that the base flood elevation is two 2 feet above
the highest adjacent grade at the location of the
development provided there is no evidence indicating
flood depths have been or may be greater than two 2 feet
Where the base flood elevation data
Letter of Map
from FEMA
Change
are
to be used to
support
advise the
a
that the
applicant
analyses shall be prepared by a Florida licensed engineer in a
format required by FEMA and that it shall be the
responsibility of
the applicant to satisfy the submittal requirements and pay the
processing fees
14 1
3 ADDITIONAL ANALYSES AND CERTIFICATIONS
5
to the location and nature of the
proposed development
As
applicable
activity and in
addition to the requirements of this section the
applicant shall have the
following analyses signed and sealed by a Florida licensed engineer for
submission with the site plan and construction documents
A
For development activities proposed to be located in a
regulatory
floodway a floodway encroachment analysis that demonstrates
that the encroachment ofthe proposed
development will not cause
increase
in
base
flood
elevations
where
the applicant proposes
any
to undertake development activities that do increase base flood
elevations the applicant shall submit such analysis to FEMA as
4 of this chapter and shall submit the
specified in Section 14 1 5
Conditional Letter of Map Revision if issued
site plan and construction documents
B
For
development
FEMA with the
activities
proposed to be located in a riverine
for which base flood elevations are included in
the Flood Insurance Study or on the FIRM and
floodways have not
flood hazard
been
area
designated
demonstrates
a
that
floodway
the
encroachment
cumulative
effect
development when combined with all
anticipated flood hazard area encroachments
base flood elevation
community
hazard
areas
flood hazard
C
by
This
more
than
areas
identified
as
For alteration of a watercourse
accordance
with
LOR
standard
14
11
the
other
which
proposed
existing
and
will not increase the
foot at any point within the
does not apply in isolated flood
one
requirement
not connected to
analysis
of
a
1
riverine flood hazard
Zone AO
or
area
or
in
Zone AH
engineering analysis prepared in
which
engineering practices
an
demonstrates that the flood
relocated
carrying capacity
of the altered
of the watercourse will not be decreased
portion
or
and
certification that the altered watercourse shall be maintained in
which preserves the channel s flood
applicant shall submit the analysis to FEMA
manner
14 1
4 ofthis
5
a
carrying capacity the
specified in Section
as
chapter
14 1 5
4 SUBMISSION OF ADDITIONAL DATA When additional
hydraulic
other
or
engineering
hydrologic
analyses are
right to seek a
data studies and additional
submitted to support an application the applicant has the
Letter of Map Change from FEMA to change the base flood elevations
change floodway
shown
The
boundaries
boundaries of flood hazard
change
or
areas
FIRMs and to submit such data to FEMA for such purposes
analyses shall be prepared by a Florida licensed engineer in a format
on
required by FEMA Submittal requirements
the responsibility of the applicant
and
processing
fees shall be
See 14 16 INSPECTIONS
14 1 6 1 GENERAL
or
approval
14 1 6 1 1
is
Development for which a floodplain development permit
required shall be subject to inspection
DEVELOPMENT
STRUCTURES
OTHER
THAN
BUILDINGS
AND
The
Floodplain Administrator shall inspect all
compliance with the requirements of
conditions of issued floodplain development
to determine
development
this chapter and the
permits or approvals
14 1 6 1 2
BUILDINGS
EXEMPT FROM
Floodplain
STRUCTURES
THE
Administrator shall
facilities
exempt
compliance with
inspect buildings
from the Florida
FACILITIES
structures and
Code to determine
Building
requirements of this chapter and the
floodplain development permits or approvals
BUILDINGS
STRUCTURES
AND FACILITIES
EXEMPT FROM THE FLORIDA BUILDING CODE
FLOOR INSPECTION
including
The
the
conditions of issued
14 1 6 1 2 1
AND
FLORIDA BUILDING CODE
basement
of a
and
Upon placement
prior
structure
LOWEST
of the lowest floor
to further vertical construction
the
facility exempt from the Florida
authorized agent shall submit to the
building
Building Code or the owner s
Floodplain Administrator
If a design flood elevation was used to determine the
A
required elevation of the lowest floor the certification of
elevation of the lowest floor prepared and sealed by a
Florida licensed professional surveyor or
owner
LOR
14
12
or
If the elevation used to determine the
B
the lowest floor
14 1 5
2
was
elevation of
required
determined in accordance with Section
chapter the documentation of height of
highest adjacent grade prepared by
2 ofthis
B
the lowest floor above
the
owner or
14 1 6 1 2 2
the
owner s
BUILDINGS
authorized
agent
STRUCTURES
AND FACILITIES
EXEMPT FROM THE FLORIDA BUILDING CODE FINAL
INSPECTION
As part of the final inspection the owner or
authorized
owner s
Administrator
or
a
shall
agent
submit
to
the
Floodplain
final certification of elevation of the lowest floor
final documentation ofthe
height
of the lowest floor above the
such certifications and documentations
highest adjacent grade
shall be prepared as specified
chapter
in
of this
Section 14 1 6 1 2 1
Building Official shall
or
replaced in flood
inspect
hazard areas to determine compliance with the requirements ofthis
chapter and the conditions of the issued permit Upon placement of
14 1 6 1 3
MANUFACTURED HOMES
manufactured homes that
a
The
are
installed
manufactured home certification of the elevation of the lowest
floor shall be submitted to the
Building
Official
See 14 17 VARIANCES AND APPEALS
14 1 7 1 GENERAL The Board of Adjustment shall hear and decide
on
requests
for
appeals and requests for variances from the strict application of this
chapter Pursuant to Section 553 73 5 F S the Board of Adjustment
shall hear and decide
from the strict
ofthe Florida
14 1
2
7
APPEALS
when it is
on
requests for
and requests for variances
ofthe flood resistant construction requirements
application
Building Code
The Board of
alleged
determination
appeals
there is
made
by
Adjustment
an error
the
shall hear and decide
in any
requirement
appeals
decision
or
in
the
Floodplain Administrator
chapter Any person aggrieved by
administration and enforcement ofthis
the decision of the Board of Adjustment may
Circuit Court as provided by Florida Statutes
14 1 7 3
appeal
such decision to the
LIMITATIONS ON AUTHORITY TO GRANT VARIANCES
Board of
shall base its decisions
variances
The
technical
Adjustment
justifications submitted by applicants the considerations for issuance in
Sec 14 1 7 6 of this chapter the conditions of issuance set forth in
Section 14 1 7 7 of this chapter and the comments and recommendations
of the Floodplain Administrator and the Building Official The Board of
Adjustment has the right to attach such conditions as it deems necessary
to further the purposes and objectives ofthis chapter
LOR
14
13
on
on
14 1 7 3 1 RESTRICTIONS IN FLOODWAYS A variance shall not be
issued for any proposed development in a floodway if any increase
in base flood elevations would result as evidenced by the
and certifications
applicable analyses
ofthis chapter
14 1
improvement
rehabilitation of
or
in Section 14 1 5
3
A variance is authorized to be issued for the
4 HISTORIC BUILDINGS
7
repair
required
historic
a
building
that is
eligible for the exception to the flood resistant construction
requirements ofthe Florida Building Code Existing Building Chapter 11
Historic Buildings
upon a determination that the proposed repair
or rehabilitation will not
improvement
preclude the building s continued
as a historic
and
the variance is the minimum
building
designation
necessary to preserve the historic character and design of the building If
the proposed work precludes the building s continued designation as a
historic building a variance shall not be granted and the building and any
repair improvement and rehabilitation shall be subject to the
requirements of the Florida Building Code
determined
14 1 7 5 FUNCTIONALLY DEPENDENT USES A variance is authorized to be
issued for the construction
conduct of
or
substantial
necessary for the
defined in this chapter
improvement
functionally dependent
3 1 is the
provided
requirements of Section 14 1 7
minimum necessary considering the flood hazard
and all
due
consideration has been given to use of methods and materials that
minimize flood damage during occurrence ofthe base flood
a
use
as
the variance meets the
14 1 7 6
CONSIDERATIONS
FOR
ISSUANCE
OF
VARIANCES
In
reviewing requests for variances the Board of Adjustment shall consider
all technical evaluations
all relevant factors
all other applicable
provisions
A
B
C
of the Florida
Code this
F
G
and the
following
danger that materials and debris may be swept onto other
lands resulting in further injury or damage
The danger to life and property due to flooding or erosion damage
The susceptibility of the proposed development
including
contents to flood damage and the effect of such damage on current
The
owners
importance
of the
services
to the
E
chapter
The
and future
D
Building
provided by
the
proposed
development
community
The availability of alternate
locations
for the proposed
that
are
to
lower
risk
of
development
subject
flooding or erosion
The compatibility of the proposed development with existing and
anticipated development
The
relationship of the proposed development to the
comprehensive plan and floodplain management program for the
area
LOR
14
14
H
The
of
safety
to the
access
property in times of
flooding
for
and emergency vehicles
expected heights velocity duration rate of rise and debris and
ordinary
I
The
sediment transport of the floodwaters and the effects of
action if applicable expected at the site and
J
providing governmental services during
conditions including maintenance and repair
and after
The costs of
flood
utilities and facilities such
streets and
systems
as
sewer
gas
wave
of
public
electrical and water
bridges
14 1 7 7 CONDITIONS FOR ISSUANCE OF VARIANCES Variances shall be
issued
A
only upon
Submission
applicant of a showing of good and sufficient
unique characteristics of the size configuration or
topography ofthe site limit compliance with any provision of this
chapter or the required elevation standards
Determination by the Board of Adjustment that
B
1
2
by
the
that the
cause
Failure to grant the variance would result in exceptional
hardship due to the physical characteristics of the land that
render the lot
undevelopable
requirements
inconvenience do not constitute
or
increased costs to
satisfy
hardship
the
granting of a variance will not result in increased flood
heights additional threats to public safety extraordinary public
The
expense
of the
nor
create nuisances
public
conflict
or
cause
with
fraud
on or
existing
victimization
local
laws
and
ordinances and
3
C
The variance is the minimum necessary
hazard to afford relief
the
applicant
the flood
that the variance if
Receipt
of a signed statement
granted
shall be recorded in the Office ofthe Clerk ofthe Court in
such
a manner
parcel
D
by
considering
that it appears in the chain of title of the affected
ofland and
If the request is for a variance to allow construction of the lowest
floor of a new building or substantial improvement of a building
below the
required
elevation
copy in the record of a written
Administrator to the applicant for the
notice from the
variance
elevation
a
Floodplain
specifying the difference
and the proposed elevation
between
the
base
of the lowest floor
flood
stating
that the cost of federal flood insurance will be commensurate with
the increased risk
from the reduced floor elevation
up to
100
of
insurance
and
high
coverage
that construction below the base flood elevation increases
amounts
stating
resulting
as
as
25 for
risks to life and property
LOR
14
15
Sec 14 1 8 VIOLATIONS
that is not within the scope of the
Code but that is regulated by this chapter that is
14 1 8 1 VIOLAnONS
Any development
Building
performed without
permit or that does
Florida
permit that is in conflict with an issued
not fully comply with this chapter shall be deemed a
violation of this chapter
A building or structure without the
documentation of elevation of the lowest floor other required design
certifications or other evidence of compliance required by this chapter or
the Florida Building Code is presumed to be a violation until such time as
that documentation is provided
14 1 8
2 AUTHORITY
an
issued
For
development that is not within the scope of the
Building
regulated by this chapter and that is
determined to be a violation the Floodplain Administrator is authorized
Florida
to
serve
Code but that is
notices ofviolation
involved to the
owner s
stop work orders
or
agent
or
to the person
to
or
ofthe property
persons performing the
owners
work
14 1
3 UNLA WFUL CONTINUANCE
8
work after
having
person who shall continue any
notice of violation or a stop work
Any
been served with
a
order except such work as that person is directed to perform to remove
remedy a violation or unsafe condition shall be subject to penalties
prescribed by
or
as
law
ARTICLE 2
DEFINITIONS
Sec 14 2 1 GENERAL
2 1 1
14
Unless otherwise
expressly stated the following words and terms shall
chapter have the meanings shown in this section
for the purposes ofthis
14 2 1 2
Terms defined in the Florida
defined in this
and
chapter
meanings
terms shall have the
2 13
14
Terms not defined
Building
Code
Where terms
defined in the Florida
are
Building
are
not
Code such
ascribed to them in that code
Where terms
are
Building Code such terms
meanings such as the context implies
Florida
not defined in this
shall
have
chapter or the
ordinarily accepted
Sec 14 2 2 DEFINITIONS
22 1
14
Alteration of a watercourse A dam
impoundment channel relocation
change in channel alignment channelization or change in cross sectional
area
of the channel or the channel capacity or any other form of
LOR
14
16
modification which may alter impede retard or change the direction
andor velocity ofthe riverine flow of water during conditions ofthe base
flood
14
22
Appeal A request for a review of the Floodplain Administrator
interpretation of any provision ofthis chapter or a request for a variance
2 2 3 ASCE 24
14
A standard titled Flood Resistant
that is referenced
and
2
14
the American
published by
4 Base flood
2
by
the Florida
A flood
exceeded in any
The base flood is
having
given year
commonly
Building
Society
a
Design
Code
ofCivil
s
and Construction
ASCE 24 is
developed
Reston VA
Engineers
I percent chance of being equaled or
B Section 1612 2
Also defined in FBC
referred to
as
the
IOO year flood
or
the
1
percent annual chance flood
2 2 5 Base flood elevation
14
The elevation of the base flood
height
American Vertical Datum
Insurance Rate
14 2 2 6 Basement
level
ground
22 7
14
Design
areas
2 2 8
14
including
relative to the National Geodetic Vertical Datum
Map
The
on
NAVD
of
all sides
other datum
NGVD
specified
a
building having
its floor
Area with
2
Area
a
the Flood
Also defined in FBC B
floodplain subject
to
a
I percent
2
1612
Section
or
2
1612
following
flood elevation
The elevation of the
design
two
greater chance of
flooding in any year or
designated as a flood hazard area on the community
hazard map or otherwise legally designated
Design
below
subgrade
flood The flood associated with the greater of the
Also defined in FBC B Section
2
1612
1
on
Also defined in FBC B Section
FIRM
portion
or
wave
North
flood
s
flood
including
height relative to the datum specified on the community s legally
designated flood hazard map In areas designated as Zone AO the design
flood elevation shall be the elevation of the highest existing grade ofthe
building s perimeter plus the depth number in feet specified on the
flood hazard map
In areas designated as Zone AO where the depth
number is not specified on the map the depth number shall be taken as
wave
being equal to 2
22 9
14
feet
Development Any
including but
Also defined in FBC B Section 1612 2
made
change to improved or unimproved real
buildings or other structures tanks
temporary structures temporary or permanent storage of equipment or
materials mining dredging filling grading paving excavations drilling
operations or any other land disturbing activities
estate
man
not limited to
LOR
14
17
2 2 10 Encroachment The
14
structures
impede
22 11
14
or
or
other
placement of fill
into
development
excavation
a
buildings permanent
flood hazard
area
alter the flow
capacity
of riverine flood hazard
and
existing
structure
Existing building
for which the
start of construction
Also defined in FBC
areas
and structures
Any buildings
commenced before
B Section
which may
May
11
1979
2
1612
Existing manufactured home park or subdivision 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 ofutilities the construction of
streets and either final site grading or the pouring of concrete pads is
completed before May 11 1979
22 12
14
Expansion to an existing manufactured home park or subdivision 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
2 2 13
14
2 2 14 Federal
14
Emergency Management Agency FEMA The federal agency
that in addition to carrying out other functions administers the National
Flood Insurance Program
14
2 15 Flood
or
complete
flooding
B Section
1
A
inundation of
general and temporary
normally dry land from
condition of
partial
or
Also defined in FBC
2
1612
The overflow ofinland
2 The unusual and
from any
or
rapid
tidal waters
accumulation
or
runoff of surface waters
source
2 2 16 Flood
14
damage resistant materials Any construction material capable of
withstanding direct and prolonged contact with floodwaters without
sustaining
any
defined in FBC
2 2 17 Flood hazard
14
defined in FBC
1 The
2
area
that
damage
more
than cosmetic
repair
Also
areas
Also
B Section 1612 2
The greater of the
area
following
two
B Section 1612 2
within
a
floodplain subject
chance of flooding in any year
The area designated as a flood hazard
flood hazard map
2 2 18 Flood Insurance Rate
14
on
requires
which the Federal
or
otherwise
to
a
I percent
area on
the
or
greater
community
s
legally designated
Map FIRM The official map of the community
Emergency Management Agency has delineated
LDR
14
18
special flood hazard areas and the risk premium
community Also defined in FBC B Section
both
the
14 2
19
2
FIS
Study
Flood Insurance
The official
zones
applicable
to
2
1612
report provided by
the
Emergency Management Agency that contains the Flood
if
Insurance Rate Map the Flood Boundary and Floodway Map
Federal
the water surface elevations ofthe base flood and
applicable
technical data
Also defined in FBC
supporting
B Section 1612 2
Floodplain Administrator The office or position designated and
charged with the administration and enforcement ofthis chapter may be
referred to as the Floodplain Manager
2 2 20
14
2
14
21
2
Floodplain development permit or approval An official document or
certificate issued by the community or other evidence of approval or
which authorizes performance of specific development
concurrence
activities that
be
2
14
22
2
compliant
land
flood without
than
2
14
23
2
2
14
24
2
1
one
Florida
Florida
and that
are
determined to
chapter
other riverine watercourse and the
or
that must be reserved in order to
discharge
the base
the water surface elevation
cumulatively increasing
foot Also defined in FBC
Building
Code
more
B Section 1612 2
family of codes adopted by the Florida
Florida Building Code Building
including
Commission
Building
Building
Plumbing
25
2
areas
areas
Floodway encroachment analysis An engineering analysis of the
impact that a proposed encroachment into a floodway is expected to have
on the
floodway boundaries and base flood elevations the evaluation
shall be prepared by a qualified Florida licensed engineer using standard
engineering methods and models
Building
2
14
located in flood hazard
The channel of a river
Floodway
adjacent
are
with this
Florida
Florida
Code
The
Residential
Code
Building
Building Code
Functionally dependent
use
A
Florida
Mechanical
Building
Florida
Code
Existing
Building Code
Fuel Gas
use
which cannot
perform
its intended
purpose unless it is located or carried out in close proximity to water
including only docking facilities port facilities that are necessary for the
loading and unloading of cargo
repair facilities the term does
manufacturing facilities
2
14
26
2
Highest adjacent grade
surface prior to construction
passengers and ship building and ship
not include long term storage or related
or
The
highest natural elevation of the ground
next to the proposed walls or foundation of a
structure
LOR
14
19
2
14
27
2
Historic structure
exception
Code
structure that is determined
or
Study
Flood Insurance
11 Historic
revises
an
eligible for the
Building
of the Florida
Buildings
An official determination issued
LOMC
Change
FEMA that amends
requirements
area
Existing Building Chapter
2 28 Letter of Map
14
Any
to the flood hazard
effective Flood Insurance Rate
Letters of Map
Letter of Map Amendment LOMA
Change
Map
by
or
include
An amendment based
included in
on
technical
property
incorrectly
designated
showing
hazard
area
LOMA
amends
the
current effective Flood
flood
A
special
Insurance Rate Map and establishes that a specific property portion of a
property or structure is not located in a special flood hazard area
data
that
was
a
Letter of Map Revision LOMR
A revision based
on
a
technical data that
may show changes to flood zones flood elevations special flood hazard
area
boundaries and floodway delineations
and other planimetric
features
Letter of Map Revision Based
structure
or
parcel
on
Fill LOMR F
of land has been elevated
elevation and is therefore
by
located within the
longer
no
A determination that
qualify for this determination
been permitted
placed in accordance with
floodplain management regulations
hazard
area
In order to
and
Conditional Letter of
comment
as
Map
to whether
a
Revision
CLOMR
proposed
flood
with the minimum NFIP
project complies
a
fill above the base flood
special
flood
the fill must have
the
community
s
A formal review and
protection project or other
requirements for such projects
with respect to delineation of special flood hazard areas
A CLOMR
does not revise the effective Flood Insurance Rate Map or Flood
Insurance
Study
documentation
a
upon submission and approval of certified as built
Letter of Map Revision may be issued by FEMA to
revise the effective FIRM
2
14
29
2
truck As defined in 40 C F R 86 082 2 any motor vehicle
8 500 pounds Gross Vehicular Weight Rating or less which has a
Light duty
rated
at
vehicular curb
vehicle frontal
1
weight
Designed
a
derivation ofsuch
pounds
a
for
vehicle
or
less and which has
Designed primarily
3
of more than 12 persons or
Available with special features
and
transportation
of persons and has
structure
including
basement but
resistant enclosure usable
limited storage
basic
or
is
enabling
off street
or
a
off
capacity
highway
use
2 30 Lowest floor The lowest floor ofthe lowest enclosed
or
a
or
2
operation
14
of 6 000
of45 square feet or less which is
primarily for purposes of transportation of property
area
provided
solely
area
excluding any unfinished or flood
parking building access or
for vehicle
that such enclosure is not built
LOR
14
of a building
20
so
as
to render
the structure in violation of the Florida
Also defined in FBC B Section
14
2 31 Manufactured home
which is
8
eight
transportable
not include
required
utilities
a
one or more
permanent
The term
recreational vehicle
a
in
sections
in width and greater than four hundred
a permanent
integral chassis and
or more
400 square feet and which is built on
is designed for use with or without
attached to the
ASCE 24
or
2
1612
A structure
feet
Code
Building
trailer
park
or
foundation when
manufactured home
does
Also defined in
15C 1 0101 F A C
2 32 Manufactured home
14
parcels
park
subdivision
or
ofland divided into two
or more
parcel
A
contiguous
or
manufactured home lots for rent
sale
or
2 2 33 Market value The
14
price at which a property will change hands between
a
willing buyer and a willing seller neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts
As used in this chapter the term refers to the market value of buildings
and structures excluding the land and other improvements on the parcel
Market value may be established by a qualified independent appraiser
Actual Cash Value replacement cost depreciated for age and quality of
construction
or tax assessment value
adjusted to approximate market
value by a factor provided by the Property Appraiser
14 2 2 34 New construction For the purposes of administration of this chapter
and the flood resistant construction requirements of the Florida Building
Code structures for which the
after
11
May
start of construction
1979 and includes any
commenced
subsequent improvements
on or
to such
structures
2
14
35
2
New manufactured home
park
or
the lots
a
or
subdivision
A manufactured home
subdivision for which the construction of facilities for
on
which the manufactured homes
to be affixed
are
servicing
including
minimum the installation of utilities the construction of streets
either final site
or
14
park
after
May
2 36 Park trailer
fourteen
provide
grading
11
A
or
the
pouring
transportable
unit which has
or
on a
A vehicle
Defined in section 320 01 b
on a
completed on
body width not exceeding
single chassis and is designed to
living quarters
temporary
2 2 37 Recreational vehicle
14
Built
is
a
when connected to utilities
necessary for operation of installed fixtures and
l5C 1 0101 F A C
1
pads
1979
14 feet and which is built
seasonal
of concrete
at
and
single
F S
chassis
LOR
14
21
including
a
appliances
park
trailer
Defined in
which
IS
2
Four hundred 400 square feet
largest horizontal projection
3
Designed to be self propelled
light duty truck and
Designed primarily not for use
4
or
a
14
2 38
dwelling but
camping travel
percent
hazard
or
shown
are
AH VI V30 VE
2
14
39
2
area
An
in the
area
greater chance of flooding in any
areas
a
as
or
use
flood hazard
Special
by
permanent
temporary living quarters for recreational
seasonal
towable
permanently
or
as
less when measured at the
or
V
on
FIRMs
floodplain subject to a 1
given year Special flood
Zone A AO
as
AI A30
AE A99
Also defined in FBC B Section 1612 2
Start of construction
The date of issuance for
new
construction and
substantial
improvements to existing structures provided the actual start
repair reconstruction rehabilitation addition placement
or other
improvement is within 180 days of the date of the issuance The
actual start of construction means either the first placement of permanent
construction of a building including a manufactured home on a site
such as the pouring of slab or footings the installation of piles the
of construction
construction ofcolumns
Permanent
construction
does not include
land
preparation such as
streets or walkways
filling the installation of
excavation for a basement footings piers or foundations the erection of
temporary forms or the installation of accessory buildings such as garages
or sheds not
occupied as dwelling units or not part ofthe main buildings
For a substantial improvement the actual start of construction means
the first alteration of any wall ceiling floor or other structural part of a
building whether or not that alteration affects the external dimensions of
the building
Also defined in FBC B Section
2
1612
clearing
2
14
40
2
grading
Substantial
or
damage Damage
the
cost
of any
origin
of
the
sustained
by
a
building
structure to
or
its
whereby
restoring
building
damaged condition would equal or exceed 50 percent of the
market value of the building or structure before the damage occurred
structure
or
before
Also defined in FBC B Section
2
14
41
2
2
1612
Substantial
improvement Any repair reconstruction rehabilitation
addition or other improvement of a building or structure the cost of
which equals or exceeds 50 percent ofthe market value ofthe building or
structure before the improvement or repair is started If the structure has
incurred substantial damage
any repairs are considered substantial
of
the
actual
improvement regardless
repair work performed The term
does not however
include either
Also defined in FBC
B
Section
2
1612
1
Any project
existing
for
health
improvement of a building required to correct
sanitary or safety code violations identified by
LOR
14
22
the
building official and that
living conditions
are
the minimum necessary to
assure
safe
alteration of a historic structure provided the alteration will
not preclude the structure s continued designation as a historic
2
Any
structure
2
14
42
2
Variance A grant ofrelief from the requirements of this chapter or the
flood resistant construction requirements of the Florida Building Code
permits construction in a manner that would
permitted by this chapter or the Florida Building Code
which
2
14
43
2
Watercourse
feature in
on
A river
through
creek
or over
stream
channel
or
not otherwise be
topographic
periodically
other
which water flows at least
ARTICLE 3 FLOOD RESISTANT DEVELOPMENT
Sec 14 3 1 BUILDINGS AND STRUCTURES
14 3 1 1 DESIGN AND CONSTRUCTION OF BUILDINGS STRUCTURES
AND FACILITIES EXEMPT FROM THE FLORIDA BUILDING
CODE
Pursuant
to
Section
structures and facilities that
are
14 1
2 1
4
chapter buildings
Building Code
of
substantial
repair
damage of
shall be designed and constructed
exempt from the Florida
including substantial improvement or
such buildings structures and facilities
in
of this
accordance with the flood
load and
resistant construction
flood
requirements of ASCE 24 Structures exempt from the Florida Building
Code that are not walled and roofed buildings shall comply with the
requirements
ofSection 14 3 7 ofthis
chapter
Sec 14 3 2 SUBDIVISIONS
3 2 1 Minimum
14
requirements
manufactured home
Subdivision
parks
and
proposals including proposals
subdivisions
shall
be
reviewed
for
to
determine that
1
Such
proposals are consistent
damage and will be reasonably
2
All
public
with the need to minimize flood
safe from
utilities and facilities such
flooding
gas electric
located and constructed to
as
sewer
communications and water systems are
or eliminate flood
damage and
minimize
3
Adequate drainage
is provided to reduce exposure to flood hazards
3 2 2 Subdivision plats Where any portion of proposed subdivisions including
14
manufactured home parks and subdivisions lies within a flood hazard
area
the
following
shall be
LOR
required
14
23
1
Delineation of flood hazard
and
zones
on
design
preliminary plats
more
acres
and base flood elevations
base
flood elevations
Compliance
appropriate
3 ofthis
or
not included
shall be shown
is
on
larger
than 5
the FIRM the
in accordance with Section
and
chapter
with the site
ofSection 14
boundaries and flood
than 50 lots
are
determined
14 1 5 2 A and B ofthis
3
as
and final plats
Where the subdivision has
2
floodway
areas
flood elevations
improvement
chapter
and utilities
requirements
Sec 14 3 3 SITE IMPROVEMENTS UTILITIES AND LIMITATIONS
14 3 3 1
Minimum
requirements
All
proposed
new
development
shall
be
reviewed to determine that
1
Such
proposals are consistent with the need to
damage and will be reasonably safe from flooding
2
All
3
Adequate drainage
minimize flood
public utilities and facilities such as sewer gas electric
communications and water systems are located and constructed to
minimize or eliminate flood damage and
is
provided
to
reduce
exposure to flood
hazards
14
32
and
replacement sanitary sewage
sewage treatment plants including all pumping stations
and collector systems
and on site waste disposal systems shall be
Sanitary
facilities
sewage facilities
All
new
private
designed in accordance with the standards for
and disposal systems in Chapter 64E 6 F A C
to minimize
discharge
or
onsite sewage treatment
and ASCE 24 Chapter 7
eliminate infiltration offloodwaters into the facilities and
from the facilities into flood waters
and
impairment
of the
facilities and systems
3 3 3 Water
14
shall
supply
be
facilities All
designed
Chapter
standards in
minimize
14
new
and
in accordance
or
34 Limitations
62 532 500
replacement
with the
F AC
water
water
supply
well
and ASCE 24
facilities
construction
Chapter
7 to
eliminate infiltration offloodwaters into the systems
regulatory floodways No development including
improvements and land disturbing activity
fill
or
involving
regrading shall be authorized in the regulatory floodway
unless the floodway encroachment analysis required in Section 14 1 5
3
A of this chapter demonstrates that the proposed development or land
disturbing activity will not result in any increase in the base flood
on
sites in
but not limited
to
site
elevation
LOR
14
24
placement of fill Subject to the limitations of this
chapter
designed to be stable under conditions of flooding
including rapid rise and rapid drawdown of floodwaters prolonged
inundation and protection against flood related erosion and scour In
addition to these requirements if intended to support buildings and
structures Zone A only
fill shall comply with the requirements of the
Florida Building Code
14 3 3 5 Limitations
on
fill shall be
Sec 14 3 4 MANUFACTURED HOMES
14
4 1 General All manufactured homes installed in flood hazard
3
installed
F S
42
3
installer that is licensed pursuant to Section 320 8249
comply with the requirements of Chapter 15C l F A C
of this
requirements
Foundations
All
chapter
manufactured
new
homes
manufactured homes installed in flood hazard
reinforced foundations that
permanent
the foundation
Section
shall be
an
and shall
and the
14
by
areas
are
areas
and
on
in accordance with
designed
Building
of the Florida
requirements
chapter
replacement
shall be installed
Code Residential
2 and this
R322
14
43
3
replacement manufactured
homes shall be installed using methods and practices which minimize
flood damage and shall be securely anchored to an adequately anchored
foundation system to resist flotation collapse or lateral movement
Methods of anchoring include but are not limited to use of over the top
or frame ties to
ground anchors This anchoring requirement is in addition
to applicable state and local anchoring requirements for wind resistance
14
4 4 Elevation Manufactured homes that
3
Anchoring
improved
applicable
3
14
All
shall
4 1
manufactured homes and
new
comply
General
elevation
manufactured
park
or
on
park
or
requirement
sites located
subdivision
subdivision
are
or
substantially
chapter as
this
Unless
subject to the
of Section
14 3
4 4
2
of this
chapter all
homes that are placed replaced or substantially
requirements
improved
placed replaced
following sections of
with the
in
c
b
an
subdivision
a
in
d
in
an
to
a
manufactured home
manufactured home
a new
expansion
or
outside of
park
or
manufactured home
existing
existing manufactured
an
home
park
subdivision upon which a manufactured home has incurred
substantial damage as the result of a flood shall be elevated such
or
that the bottom of the frame is at
as
applicable
or
to the flood hazard
above the elevation
area
Code Residential Section R322 2 Zone A
LOR
14
25
in the Florida
required
Building
14
4
3
2 Elevation
4
parks
existing manufactured home
and subdivisions Manufactured homes that are not
subject to
Section 14
that
in
for certain
requirement
4 E
9
of this
chapter including manufactured homes
substantially improved on sites located
placed replaced
existing manufactured home park or subdivision unless on a
where substantial damage as result of flooding has occurred
are
or
an
site
shall be elevated such that either the
1
Bottom of the frame of the manufactured home is at or above
required in the Florida Building Code Residential
the elevation
Section
2
2 Zone A
R322
Bottom of the frame is
or
supported by
reinforced
piers or other
equivalent strength that are not
above
height
grade
foundation elements of at least
less than 36 inches in
14
4 5 Enclosures
3
Fully
enclosed
areas
below elevated manufactured homes
shall
comply with the requirements of the Florida
Residential Section R322 for such enclosed areas
34 6
14
Code
Building
Utility equipment Utility equipment that serves manufactured homes
including electric heating ventilation plumbing and air conditioning
equipment and other service facilities shall comply with the requirements
ofthe Florida Building Code Residential Section R322
Sec 14 3 5 RECREATIONAL VEHICLES AND PARK TRAILERS
14 3 5 1
Temporary placement Recreational
temporarily in flood hazard areas shall
1
Be
2
Be
trailers
the site for fewer than 180 consecutive
days or
licensed
and ready for highway use which
fully
or
is attached to the site
security
additions
2 Permanent
5
devices
placed
wheels
Recreational vehicles and
shall meet the
means
the
park
jacking system
only by quick disconnect type utilities and
on
and has no permanent
stairs decks and porches
rooms
placement
model is
requirements
or
attachments
park
meet the limitations in Section 14 3 5 1 of this
placement
park
on
recreational vehicle
3
14
vehicles and
as
trailers that do not
chapter
of Section 14
such
for
temporary
chapter
4 of this
3
for manufactured homes
Sec 14 3 6 TANKS
14 3
1
6
Underground tanks Underground tanks in flood hazard areas shall be
anchored to prevent flotation collapse or lateral movement
resulting from
hydrodynamic and hydrostatic loads during conditions of the
flood
including the effects
LDR
design
of buoyancy
14
26
assuming
the tank is
empty
14 3
2 Above
6
ground
the elevation
permitted
tanks not elevated
Above
of Section
requirements
in flood hazard
3
14
provided
areas
tanks that do not meet
ground
3
6
of this
the tanks
chapter
shall be
anchored
are
or
otherwise
designed and constructed to prevent flotation collapse or
lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the design flood including the effects of buoyancy
assuming the tank is empty and the effects of flood borne debris
14 3 6 3 Above
areas
ground
tanks
elevated
Above
ground
shall be attached to and elevated to
elevation
or
tanks in flood hazard
above the
structure that is
design
14 3
4 Tank inlets and vents
6
Tank inlets fill
openings
flood
flotation
to
supporting
designed
prevent
collapse or lateral movement during conditions of the design
Tank supporting structures shall meet the foundation requirements
applicable flood hazard area
on a
flood
ofthe
outlets and vents shall
be
1
At
to
or
design
during
conditions ofthe
design
or
or
fitted with
covers
designed
outflow of the contents ofthe
flood and
Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads including the effects of buoyancy during
conditions ofthe
Sec
flood elevation
prevent the inflow of floodwater
tanks
2
above the
design
flood
14 3 7 OTHER DEVELOPMENT
3 7 1 General
14
requirements for other development All development including
man made
changes to improved or unimproved real estate for which
specific provisions are not specified in this chapter or the Florida
Building Code shall
1
Be located and constructed to minimize flood
2
Meet the limitations ofSection 14 3
a
3
damage
4 ofthis
3
chapter
iflocated in
regulated floodway
Be anchored to prevent flotation collapse or lateral movement
resulting from hydrostatic loads including the effects of buoyancy
during
conditions of the
4
Be constructed offlood
5
Have
mechanical
design flood
damage
plumbing
flood
resistant materials and
and electrical
systems
above the
elevation
design
except that minimum electric service
to
address
life
required
safety and electric code requirements is
below
the
permitted
design flood elevation provided it conforms to
the provisions of the electrical part of building code for wet
locations
LOR
14
27
3
14
regulated floodways Fences in regulated floodways that have
the potential to block the passage offloodwaters such as stockade fences
2 Fences in
7
and wire mesh fences
this
3 7 3
14
14 3
shall meet the limitations of Section
3
14
4 of
3
chapter
Retaining walls sidewalks and driveways in regulated floodways
Retaining walls and sidewalks and driveways that involve the placement
of fill in regulated floodways shall meet the limitations of Section
4 ofthis chapter
14 3 3
4 Roads and watercourse
7
regulated floodways Roads and
roads bridges culverts low water
watercourse crossings
means for vehicles or
and
similar
pedestrians to travel from one
crossings
side of a watercourse to the other side that encroach into regulated
floodways shall meet the limitations of Section 14 3 4 of this chapter
Alteration of a watercourse that is part of a road or watercourse crossing
shall meet the requirements of Section 14 1 5 3 B ofthis chapter
crossings
including
LDR
14
28
in
SECTION 3
court of
If any provision or portion of this Ordinance is declared by any
to
be void unconstitutional or unenforceable then all remaining
jurisdiction
of this Ordinance shall remain in full force and effect
SEVERABILITY
competent
provisions and portions
COPY OF ORDINANCE ON FILE
in the office of the Auburndale City Clerk
SECTION 4
SECTION 5
CONFLICTS WITH OTHER ORDINANCES
is
may be in conflict with this Ordinance
SECTION 6
the second
A copy of this Ordinance shall be
EFFECTIVE DATE
hereby repealed
That
kept
on
file
portion of any Ordinance which
adoption of this Ordinance
with the
This Ordinance shall become effective
immediately following
reading of the Ordinance
INTRODUCED PASSED AND DULY ADOPTED ON FIRST READING by the City Commission
of the City of Auburndale Florida meeting in Regular Session this 4th day of February 2013
CITY COMMISSION
FLORIDA
OF AUBURNDALE
BY
4
Richard Hamann
Mayor
ATTEST
B
nee
ouJM
City Clerk
ENACTED
by the City Commission
18th day of February 2013
PASSED AND DULY ADOPTED ON SECOND AND FINAL READING
of the
City of Auburndale
Florida
meeting
in
Regular
Session this
CITY COMMISSION
OF AUBURNDALE FLORIDA
By
M
Richard
ATTEST
Hamann
ayor