Any owner or owner's authorized agent (hereinafter "applicant")
who intends to undertake any development activity within the scope
of this chapter, including buildings, structures and facilities exempt
from the Florida Building Code, which is wholly within or partially
within any flood hazard area shall first make application to the Floodplain
Administrator 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.
Floodplain development permits 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 exempt from the Florida Building Code. Depending
on the nature and extent of proposed development that includes a building
or structure, the Floodplain Administrator may determine that a floodplain
development permit or approval is required in addition to a building
permit.
Pursuant to the requirements of federal regulation for participation
in the National Flood Insurance Program (44 CFR 59 and 60), floodplain
development permits or approvals shall be required for the following
buildings, structures and facilities that are exempt from the Florida
Building Code and any further exemptions provided by law, which are
subject to the requirements of this chapter:
A.
Railroads and ancillary facilities associated with the railroad.
B.
Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
C.
Temporary buildings or sheds used exclusively for construction purposes.
D.
Mobile or modular structures used as temporary offices.
E.
Those structures or facilities of electric utilities, as defined
in F.S. § 366.02, which are directly involved in the generation,
transmission, or distribution of electricity.
F.
Chickees constructed by the Miccosukee Tribe of Indians of Florida
or the Seminole Tribe of Florida. As used in this subsection, the
term "chickee" means an open-sided wooden hut that has a thatched
roof of palm or palmetto or other traditional materials, and that
does not incorporate any electrical, plumbing, or other nonwood features.
G.
Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered
on site and have walls, roofs, and a floor constructed of granite,
marble, or reinforced concrete.
H.
Temporary housing provided by the Department of Corrections to any
prisoner in the state correctional system.
I.
Structures identified in F.S. § 553.73(10)(k) are not exempt
from the Florida Building Code, if such structures are located in
flood hazard areas established on Flood Insurance Rate Maps.
To obtain a floodplain development permit or approval, the applicant
shall first file an application, in writing, on a form furnished by
the Department of Community Improvement. The information provided
shall:
A.
Identify and describe the development to be covered by the permit
or approval.
B.
Describe the land on which the proposed development is to be conducted
by legal description, street address or similar description that will
readily identify and definitively locate the site.
C.
Indicate the use and occupancy for which the proposed development
is intended.
D.
Be accompanied by a site plan or construction documents as specified in Article V of this chapter.
E.
State the valuation of the proposed work.
F.
Be signed by the applicant or the applicant's authorized agent.
G.
Give such other data and information as required by the Floodplain
Administrator.
The issuance of a floodplain 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
Code, or of the City Code. The issuance of permits based on submitted
applications, construction documents, and information shall not prevent
the Floodplain Administrator from requiring the correction of errors
and omissions.
A floodplain development permit or approval shall become invalid
unless the work authorized 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.
The Floodplain Administrator is authorized to suspend or revoke
a floodplain development permit or approval if the permit was issued
in error, on the basis of incorrect, inaccurate or incomplete information,
or in violation of this chapter or any other chapter, regulation or
requirement of the City.
Floodplain development permits and building permits shall include
a condition that all other applicable state or federal permits be
obtained before commencement of the permitted development, including
but not limited to the following:
A.
The Southwest Florida Water Management District, F.S. § 373.036.
B.
Florida Department of Health for on-site sewage treatment and disposal
systems, F.S. § 381.0065 and Chapter 64E-6 FAC.
C.
Florida Department of Environmental Protection for construction,
reconstruction, changes, or physical activities for shore protection
or other activities seaward of the coastal construction control line,
F.S. § 161.141.
D.
Florida Department of Environmental Protection for activities subject
to the Joint Coastal Permit, F.S. § 161.055.
