In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
(1) 
All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(3) 
All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
(4) 
All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, back-up generators, and other service facilities (including ductwork) to be elevated (residential) or floodproofed (nonresidential) to a minimum of twenty-four (24) inches above the base flood elevation;
(5) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(6) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters;
(7) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding;
(8) 
Require adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures; and
(9) 
Enclosures below the base flood elevation are useable solely for parking of vehicles, building access, or storage. Owner(s) of new and substantially improved buildings will be required to sign a nonconversion agreement that must be filed with the deed. Enclosures shall be subject to inspection at any time with notice.
(Ordinance 425, sec. 1, adopted 2/20/14; Ordinance 480 adopted 6/2/21)
In all areas of special flood hazards where base flood elevation data has been provided as set forth in: Article III, Section 7-22; Article IV, Section 7-42(8); or, Article V, Section 7-63(3), the following provisions are required:
(1) 
Residential construction.
New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to a minimum of twenty-four (24) inches above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Article IV, Section 7-43(a)(1), is satisfied.
(2) 
Nonresidential construction.
New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to a minimum of twenty-four (24) inches above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level plus twenty-four (24) inches, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.
(3) 
Enclosures.
New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(A) 
A minimum of two (2) openings on separate walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided;
(B) 
The bottom of all openings shall be no higher than one (1) foot above grade;
(C) 
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and
(D) 
Enclosures below the base flood elevation are useable solely for parking of vehicles, building access, or storage. Owner(s) of new and substantially improved buildings will be required to sign a nonconversion agreement that must be filed with the deed. Enclosures shall be subject to inspection at any time with notice.
(4) 
Manufactured homes.
The city shall review any instance where this chapter may be applied to a manufactured home.
(5) 
Recreational vehicles.
Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community’s FIRM either:
(A) 
Be on the site for fewer than one hundred eighty (180) consecutive days;
(B) 
Be fully licensed and ready for highway use; or
(C) 
Meet the permit requirements of Article IV, Section 7-43(a). 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.
(Ordinance 425, sec. 1, adopted 2/20/14; Ordinance 480 adopted 6/2/21)
(a) 
All subdivision proposals shall be consistent with Article I, Sections 7-2, 7-3, and 7-4 of this chapter.
(b) 
All proposals for the development of subdivisions shall meet floodplain development permit requirements of Article III, Section 7-23; Article IV, Section 7-43; and the provisions of Article V of this chapter.
(c) 
Base flood elevation data shall be generated for subdivision proposals and other proposed development which are greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Article III, Section 7-22 or Article IV, Section 7-42(8) of this chapter.
(d) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(e) 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(Ordinance 425, sec. 1, adopted 2/20/14; Ordinance 480 adopted 6/2/21)
Floodways located within areas of special flood hazard established in Article III, Section 7-22, 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 erosion potential, the following provisions shall apply:
(1) 
Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2) 
If Article V, Section 7-64(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V.
(3) 
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.
(Ordinance 425, sec. 1, adopted 2/20/14; Ordinance 480 adopted 6/2/21)
Located within the areas of special flood hazard established in Article III, Section 7-22, are areas designated as coastal high hazard areas (zones V1-30, VE, and/or V). These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this chapter, the following provisions must also apply:
(1) 
Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The floodplain administrator shall maintain a record of all such information.
(2) 
All new construction shall be located landward of the reach of mean high tide.
(3) 
All new construction and substantial improvements shall be elevated on pilings and columns so that:
(A) 
The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated twenty-four (24) inches above the base flood level;
(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 used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. 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 subsection (3)(B).
(4) 
Provide that all new construction and substantial improvements 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 (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state 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 a water load less than that which would occur during the base flood; and
(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). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.
(5) 
Prohibit the use of fill for structural support of buildings.
(6) 
Prohibit manmade alteration of sand dunes and mangrove stands that increase potential flood damage.
(7) 
Require that recreational vehicles placed on sites within zones V1-30, V, and VE on the FIRM either
(A) 
On the site for fewer than one hundred eighty (180) consecutive days;
(B) 
Be fully licensed and ready for highway use; or,
(C) 
Meet the requirements in Article III, Section 7-23 of this chapter and paragraphs (1) through (6) of this section.
(Ordinance 425, sec. 1, adopted 2/20/14; Ordinance 480 adopted 6/2/21)
Located within the areas of special flood hazard established in Article III, Section 7-22, where base flood elevation data has been provided are areas designated as being within the limit of moderate wave action (LiMWA). These LiMWA areas have flood surge hazards associated with wind driven waves, tidal surges, and hurricane wave wash where higher construction standards and the control of fill and grading may reduce flood damage; therefore, in addition to meeting all provisions outlined in this article, the following provisions shall also apply:
(1) 
All new construction and substantial improvements in coastal AE zones and coastal high hazard areas (VE and/or V) located within the LiMWA area shall be elevated on pilings and columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to at least twenty-four inches (24) above the base flood elevation;
(2) 
The pile column foundation and the structure attached thereto are anchored to resist floatation, collapse, and lateral movement due to the effects of wind and water loads;
(3) 
New construction and substantial improvement have the space below the lowest floor free of obstruction or enclosed with nonsupporting breakaway walls or open lattice work, in addition to openings or vents;
(4) 
Enclosures below the base flood elevation are useable solely for parking of vehicles, building access, or storage. Owner(s) of new and substantially improved buildings will be required to sign a nonconversion agreement that must be filed with the deed. Enclosures shall be subject to inspection at any time with notice;
(5) 
A registered professional engineer or architect must develop or review the structural design, specification, and plans and certify that the designs and methods of construction to be used meet accepted standards of practice for meeting the provisions of CFR 60.3(e)(4)(ii) and breakaway walls (CFR 60.3(e)(7));
(6) 
Prohibit the use of fill for structural support of buildings; and
(7) 
Prohibit the use of fill to raise the grade of any lot above the minimum required to achieve proper drainage.
(Ordinance 480 adopted 6/2/21)
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars ($1,000.00) for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city council from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ordinance 425, sec. 1, adopted 2/20/14; Ordinance 480 adopted 6/2/21)