§ 90-71. Specific standards.

In all A-zones where base flood elevation data have been provided (zones AE, A1-30, A (with base flood elevation), and AH), as set forth in section 90-28 of this Code, the following provisions, in addition to those set forth in section 90-70 shall apply:

(1)

Residential construction. All new construction and substantial improvement of any residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than one foot or above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, there must be a minimum of two openings on different sides of each enclosed area sufficient to facilitate automatic equalization of flood hydrostatic forces in accordance with standards of subsection (3) herein.

(2)

Nonresidential construction. All new construction and substantial improvement of any commercial, industrial, or nonresidential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than one foot above the base flood elevation. All buildings located in A-zones may be floodproofed, in lieu of being elevated, provided that all areas of the building components, together with attendant utilities and sanitary facilities, below the base flood elevation plus one foot are water tight 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.

(3)

Enclosures below the lowest floor. New construction and substantial improvements that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor 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 or exceed the following minimum criteria:

(i)

Provide a minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(ii)

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

(iii)

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.

Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and building access. Access to the enclosed area shall be 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

c.

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 zones A1-30, AH, and AE, 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, the lowest floor be elevated on a permanent foundation to no lower than one foot above the base flood elevation and 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 that are not subject to the provisions of subsections (4)a. of this section, must be elevated so that either:

(i)

The lowest floor of the manufactured home is elevated to no lower than one foot above the base flood elevation, or

(ii)

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 adequately anchored foundation system to resist flotation, collapse, and lateral movement.

c.

Placement of manufactured homes is prohibited within the regulatory floodway, except in an existing manufactured home 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 section 90-70(2), the elevation standards of section 90-71(1) and (2), and the encroachment standard of section 90-71(7)(a), are met.

d.

All recreational vehicles must meet one of the following conditions:

(i)

Be on the site for fewer than 180 consecutive days,

(ii)

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), or

(iii)

Meet all the requirements for new construction, including anchoring and elevation standards in accordance with section 90-71(4)(a) and (b).

(5)

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

(6)

Standards for waterways with established base flood elevations, but without regulatory floodways. Located within the areas of special flood hazard established in section 90-28 where streams exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (zones AE and A1-30), the following provisions, in addition to those set forth in section 90-71(1) through (5), shall 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 Federal Emergency Management Agency (FEMA).

(7)

Standards for waterways with established base flood elevations and floodways. Located within areas of special flood hazard established in section 90-28 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the high velocity of floodwaters which carry debris, potential projectiles and have significant erosion potential, the following provisions, in addition to those set forth in section 90-71(1) through (5), shall apply:

a.

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

b.

Placement of manufactured homes is prohibited within the regulatory floodway, except in an existing manufactured home 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 section 90-70(2), the elevation standards of section 90-71(1) and (2), and the encroachment standard of section 90-71(7)(a), are met.

c.

Development activities including new construction and substantial improvements within the regulatory floodway that increase the base flood elevation 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 section 90-71(7)(a).

(Ord. No. 09-65, § I, 10-22-09)