9189-18KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 201839701412/13/2018 10:19 AM
OFF REC BK: 20366 PG: 2223-2254
DocType:GOV RECORDING: $273.50
ORDINANCE NO. 9189-18
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO
FLOODPLAIN MANAGEMENT CONSISTENT WITH THE FLORIDA
DEPARTMENT OF EMERGENCY MANAGEMENT'S REQUIREMENTS;
AMENDING THE CITY OF CLEARWATER COMMUNITY DEVELOPMENT
CODE BY REPEALING CHAPTER 51 FLOOD DAMAGE PREVENTION;
ADOPTING A NEW CHAPTER 51 FLOOD DAMAGE PREVENTION WHICH
ADOPTS FLOOD HAZARD MAPS, DESIGNATES A FLOODPLAIN
ADMINISTRATOR, ADOPTS PROCEDURES AND CRITERIA FOR
DEVELOPMENT IN FLOOD HAZARD AREAS AND FOR OTHER PURPOSES;
AMENDING CHAPTER 47 TO ADOPT LOCAL ADMINISTRATIVE AND
TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RELATED
TO FLOOD DAMAGE PREVENTION; CERTIFYING CONSISTENCY WITH THE
CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 — Municipalities,
Florida Statutes, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the City of Clearwater, Florida 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 Clearwater, Florida was accepted for participation in the National
Flood Insurance Program on June 4, 1971 and the City Council 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
and technical amendments to the Florida Building Code to implement the National Flood
Insurance Program; and
WHEREAS, the City Council is adopting a requirement to require accumulation of costs
of improvements and repairs of buildings, based on issued building permits, over a one-year
period, to increase the minimum elevation requirement, to require declarations of land restriction
(nonconversion agreements) for enclosures below elevated dwellings, and to modify coastal
high hazard requirements for application in Coastal A Zones, for buildings and structures in
flood hazard areas for the purpose of participating in the National Flood insurance Program's
Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that
requirement to coordinate with the Florida Building Code; and
Ordinance No. 9189-18
1 hereby certify that this is a true and
correct copy of the original as it appears
in the files of the City of Clearwater.
Witness my hand and official seal of
the C:liq f Clea ater.
t�la' ' y of 40
City Clerk
1
WHEREAS, the City Council is adopting a requirement where new and substantially
improved critical facilities shall be protected from damage and loss of access as a result of the
500 -year flood or the flood of record whichever is higher for the purpose of participating in the
National Flood Insurance Program's Community Rating System and, pursuant to section
553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and
WHEREAS, the City Council has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater,
Florida that any and all ordinances and regulations in conflict herewith are hereby repealed to
the extent of any conflict, and the following floodplain management regulations are hereby
adopted.
SECTION 1. This ordinance specifically repeals and replaces the following ordinance(s) and
regulation(s): Chapter 51, Flood Damage Prevention, Community Development Code.
Chapter 51 FLOOD DAMAGE PREVENTION
ARTICLE I. ADMINISTRATION
DIVISION 1. IN GENERAL
Sec. 51.001. Title. These regulations shall be known as the Floodplain Management Ordinance
of the City of Clearwater, Florida, hereinafter referred to as "this chapter." This chapter shall be
a part of the Community Development Code, adopted pursuant to the authority set forth in
Community Development Code Section 1-102.
Sec. 51.002. Scope. The 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 improvements and utility installations; construction, alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings,
structures, and facilities that are exempt from the Florida Building Code; placement, installation, or
replacement of manufactured homes and manufactured buildings; installation or replacement of
tanks; placement of recreational vehicles; installation of swimming pools; and any other
development.
Sec. 51.003. Intent. The purposes of this chapter and the flood load and flood resistant
construction requirements of the Florida Building Code are to establish minimum requirements
to 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:
fl Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
al Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
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j Minimize damage to public and private facilities and utilities;
fal Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
in Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
151 Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
Sec. 51.004. Coordination with the Florida Building Code. This chapter is intended to be
administered and enforced in conjunction with the Florida Building Code.
Sec. 51.005. Warning. The degree of flood protection required by this chapter as amended by
the city, and the Florida Building Code, 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
(FIRMs) and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may
be revised by the Federal Emergency Management Agency (FEMA), requiring the city to revise
these regulations to remain eligible for participation in the National Flood Insurance Program.
No guaranty of vested use, existing use, or future use is implied or expressed by compliance
with this chapter.
Sec. 51.006. Disclaimer of Liability. This chapter shall not create liability on the part of the
city, its officers, agents, elected or appointed officials or employees thereof for any flood
damage that results from reliance on this chapter or any administrative decision lawfully made
thereunder.
DIVISION 2. APPLICABILITY
Sec. 51.101. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
Sec. 51.102. Areas to which this chapter applies. This chapter shall apply to all flood hazard
areas within the city, as established in Section 51.103.
Sec. 51.103. Establishing flood hazard areas.
(1) Basis for establishing flood hazard areas. The Flood Insurance Study for Pinellas County,
Florida and Incorporated Areas, dated August 18, 2009 and all subsequent amendments and
revisions, and the accompanying FIRMs, 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 City of Clearwater Engineering Department.
(2) Submission of additional data to establish flood hazard areas. To establish flood hazard
areas and base flood elevations, pursuant to Article 1 of this Chapter, the Floodplain
Administrator may require submission of additional data. Where field surveyed topography
prepared by a Florida licensed professional surveyor or digital topography accepted by the city
indicates that ground elevations:
(a) Are below the closest applicable base flood elevation, even in areas not delineated as a
Ordinance No. 9189-18 3
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this chapter and, as applicable, the requirements of
the Florida Building Code.
(b) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
Sec. 51.104. Other laws. The provisions of this chapter shall not be deemed to nullify any
provisions of local, state or federal law.
Sec. 51.105. Abrogation and greater restrictions. This chapter supersedes any ordinance or
city code in effect for management of development in flood hazard areas. However, it is not
intended to repeal or abrogate any existing ordinances or city codes including but not limited to
land development regulations, zoning ordinances, stormwater management regulations, or the
Florida Building Code. In the event of a conflict between this chapter and any other ordinance
or city code, 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.
Sec. 51.106. Interpretation. In the interpretation and application of this chapter, all provisions
shall be:
(1) Considered as minimum requirements;
21 Liberally construed in favor of the city; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
DIVISION 3. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
Sec. 51.201. Designation. The Community Development Coordinator shall be designated as
the Floodplain Administrator for the purposes of this chapter. The Floodplain Administrator may
delegate performance of certain duties to other employees.
Sec. 51.202. General. The Floodplain Administrator is authorized and directed to administer
and enforce the 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 Division 7 of
this article.
Sec. 51.203. Applications and permits. The Floodplain Administrator duties, in coordination
with other pertinent departments of the city, shall include, but not be limited to:
Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
21 Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this chapter;
i2 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;
(4) Provide available flood elevation and flood hazard information;
Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
Ordinance No. 9189-18 4
Review applications to determine whether proposed development will be reasonably
safe from flooding;
ID Issue permits or approvals in flood hazard areas 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
Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this chapter.
Sec. 51.204. Substantial improvement and substantial damage determinations. For
applications for building permits to 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 the Building Official, shall:
al Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
al Review market value estimate or appraisal to determine if it is complete, reasonable for
the specific characteristics of the building, and that it does not include the value of land,
land improvements or accessory buildings;
gl Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre -damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; the determination requires evaluation of
previous permits issued for improvements and repairs as specified in the definition of
"substantial improvement"; and
(5) 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.
Sec. 51.205. Modifications of the strict application of the requirements of the Florida
Building Code. The Floodplain Administrator shall review requests submitted to the Building
Official that seek approval to modify the strict application of the 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 Division 7 of this article.
Sec. 51.206. Notices and orders. The Floodplain Administrator shall coordinate with
appropriate local agencies for the issuance of all necessary notices or orders to ensure
compliance with this chapter.
Sec. 51.207. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Division 6 of this article 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 development is
undertaken without issuance of a permit.
Ordinance No. 9189-18 5
Sec. 51.208. Other duties of the Floodplain Administrator. The Floodplain Administrator
shall have other duties, including but not limited to:
al Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 51.204;
1.21 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 FEMA;
01 Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the FIRMs if the analyses propose to change base flood elevations, flood hazard area
boundaries, or floodway designations; such submissions shall be made within six (6)
months of such data becoming available;
al Review required design certifications and documentation of elevations specified by this
chapter and the Florida Building Code to determine that such certifications and
documentations are complete;
IQ Notify FEMA when the corporate boundaries of the City are modified; and
Advise applicants for new buildings and structures, including substantial improvements,
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement
Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identified on FIRMs as "Coastal Barrier
Resource System Areas" and "Otherwise Protected Areas."
Sec. 51.209. Floodplain management records. Regardless of any limitation on the period
required for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make 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 FIRMs; Letters of Map 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, and the state related to alterations of watercourses; assurances that the flood carrying
capacity of altered watercourses will be maintained; documentation related to appeals and
variances, including justification for issuance or denial; and records of enforcement actions
taken pursuant to this chapter and the flood resistant construction requirements of the Florida
Building Code. These records shall be available for public inspection at the Official Records &
Legislative Services Department.
DIVISION 4. PERMITS
Sec. 51.301. Permits required. Any 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 the Building Official 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. Issuance of a permit by the city does not in any way create any right on the part of
an applicant to obtain a permit from a state or federal agency and does not create any liability on the
part of the city for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill
obligations imposed by a state or federal agency or undertakes actions that result in a violation of
Ordinance No. 9189-18 6
state or federal law.
Sec. 51.302. Permits or approvals in flood hazard areas. Permits or approvals in flood hazard
areas 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.
Sec. 51.303. Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), if located in flood hazard areas, 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:
fl Railroads and ancillary facilities associated with the railroad.
Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
Temporary buildings or sheds used exclusively for construction purposes.
O Mobile or modular structures used as temporary offices.
Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, 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 non -wood features.
fl 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.
131 Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
DI Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on FIRMs.
Sec. 51.304. Application for a permit or approval. To obtain a permit or approval for
development in a flood hazard area the applicant shall first file an application in writing on a
form furnished by the City. The information provided shall include, but shall not be limited to, the
following:
Identify and describe the development to be covered by the permit or approval;
gl 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;
Indicate the use and occupancy for which the proposed development is intended;
Be accompanied by a site plan or construction documents as specified in Division 5 of
this article;
State the valuation of the proposed work;
L6) Be signed by the applicant or the applicant's authorized agent;
Give such other data and information as required by the Floodplain Administrator; and
For proiects proposing to enclose areas under elevated buildings, a signed Declaration
of Land Restriction (Nonconversion Agreement); the agreement shall be recorded on the
property deed prior to issuance of the Certificate of Occupancy.
Sec. 51.305. Validity of permit or approval. The issuance of a permit or approval for
development in a flood hazard area pursuant to this chapter shall not be construed to be a
Ordinance No. 9189-18 7
permit for, or approval of, any violation of this chapter, the Florida Building Codes, or any other
ordinance or 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.
Sec. 51.306. Expiration. 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.
Sec. 51.307. Suspension or revocation. The Floodplain Administrator is authorized to
suspend or revoke a permit or approval for development in a flood hazard area 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 City, state or federal ordinance, regulation or requirement.
Sec. 51.308. Other permits required. Permits for development in flood hazard areas and
building permits shall include a condition that all other applicable county, state or federal permits
be obtained before commencement of the permitted development, including but not limited to
the following:
The Southwest Florida Water Management District; section 373.036, F.S.
gi Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E-6, F.A.C.
01 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; section 161.141, F.S.
(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
n Federal permits and approvals.
DIVISION 5. SITE PLANS AND CONSTRUCTION DOCUMENTS
Sec. 51.401. Information for development in flood hazard areas. The site plan or
construction documents for any development subiect to the requirements of this chapter shall be
drawn to scale and shall include, as applicable to the proposed development:
in Delineation of flood hazard areas, floodwav boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed
development.
L21 Where base flood elevations, or floodwav data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Section 51.402(2)
or (3).
gl Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and the base flood elevations are not included on
the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 51.402(1).
Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide.
Ordinance No. 9189-18 8
151 Location, extent, amount, and proposed final grades of any filling, grading, or
excavation, including anv proposed compensatory excavation.
Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the
intended purpose.
gl Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
131 Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
DI Existing and proposed alignment of any proposed alteration of a watercourse.
(10) Elevation of all structures, in relation to the datum on the Flood Insurance Rate Map, of
the lowest floor, including basement, or lowest horizontal structural member, as
applicable.
(11) Datum used to determine the floodplain elevation and source of data.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this 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 such that the review of such submissions is not necessary to ascertain
compliance with this chapter.
Sec. 51.402. Information in flood hazard areas without base flood elevations
(approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood
elevation data have not been provided, the Floodplain Administrator shall:
inRequire the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to obtain
and use base flood elevation and floodway data available from a federal or state agency
or other source.
01Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
01 Require the applicant to include base flood elevation data prepared in accordance
with currently accepted engineering practices; or
(b) 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.
alWhere the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the 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.
Sec. 51.403. Additional analyses and certifications. As applicable to the location and nature
of the proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a Florida licensed professional
engineer for submission with the site plan and construction documents:
kil For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
Ordinance No. 9189-18 9
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Section 51.404 and shall
submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and
construction documents.
a. For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
01 For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood -carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood -carrying capacity; the applicant shall submit the analysis to
the city for approval and FEMA as specified in Section 51.404.
For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the proposed
alteration will not increase the potential for flood damage.
Sec. 51.404. Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Chanqe from FEMA to change the base flood
elevations, chanqe floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared
by a Florida licensed professional engineer in a format required by FEMA. Submittal
requirements and processing fees shall be the responsibility of the applicant.
DIVISION 6. INSPECTIONS
Sec. 51.501. General. Development for which a permit or approval for development in a flood
hazard area is required shall be subject to inspection.
Sec. 51.502. Development other than buildings and structures. The Floodplain
Administrator or designee shall inspect all development to determine compliance with the
requirements of this chapter and the conditions of issued permits or approvals for development
in a flood hazard area.
Sec. 51.503. Buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this chapter and the
conditions of issued permits or approvals for development in a flood hazard area.
(1) Lowest floor inspection. Upon placement of the lowest floor, including basement, and
prior to further vertical construction, the owner of a building, structure or facility exempt
from the Florida Building Code, or the owner's authorized agent, shall submit to the
Floodplain Administrator:
(a) If a design flood elevation was used to determine the required elevation of the lowest
Ordinance No. 9189-18 10
floor, the certification of elevation of the lowest floor prepared and sealed by a
Florida licensed professional surveyor; or
(b) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 51.402(3)(b), the documentation of height of
the lowest floor above highest adjacent grade, prepared by the owner or the owner's
authorized agent.
(2) Final inspection. As part of the final inspection, the owner or owner's authorized agent
shall submit to the Floodplain Administrator a final certification of elevation of the lowest
floor or final documentation of the height of the lowest floor above the highest adjacent
grade; such certifications and documentations shall be prepared as specified in Section
51.503(1).
Sec. 51.504. Manufactured homes. The Building Official shall inspect manufactured homes
that are installed or replaced in flood hazard areas to determine compliance with the
requirements of this chapter and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted to the
Building Official.
DIVISION 7. VARIANCES AND APPEALS
Sec. 51.601. General. The Building/Flood Board of Adjustment and Appeals shall hear and
decide on requests for appeals and requests for variances from the strict application of this
chapter and from the strict application of the flood resistant construction requirements of the
Florida Building Code. This section does not apply to Section 3109 of the Florida Building
Code, Building.
Sec. 51.602. Appeals. The Building/Flood Board of Adjustment and Appeals shall hear and
decide appeals when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the administration and enforcement of
this chapter. The procedures for the Building/Flood Board of Adjustment and Appeals are
located in Section 47.034 of the city's Community Development Code, and procedures dealing
with appeals and variances are located in Section 47.035. In order to grant an appeal,
overturning or modifying the decision appealed from, the Building/Flood Board of Adjustment
and Appeals shall find that based on substantial competent evidence presented by the applicant
or other party, each and every one of the following criteria are met:
The decision appealed from misconstrued or incorrectly interpreted the provisions of this
chapter,
12) The decision of the Building/Flood Board of Adjustment and Appeals will be in harmony
with the general intent and purpose of this chapter; and
(3) The decision of the Building/Flood Board of Adjustment and Appeals will not be
detrimental to the public health, safety and general welfare.
A decision of the board shall be final, subject to judicial review by certiorari in circuit court.
Sec. 51.603. Limitations on authority to grant variances. The Building/Flood Board of
Adjustment and Appeals shall base its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in Section 51.607, the conditions of
issuance set forth in Section 51.608, and the comments and recommendations of the Floodplain
Administrator and the Building Official. The Building/Flood Board of Adjustment and Appeals
Ordinance No. 9189-18
11
has the right to attach such conditions as it deems necessary to further the purposes and
objectives of this chapter.
Sec. 51.604. 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 applicable analyses and certifications required in Section 51.403.
Sec. 51.605. Historic buildings. A variance is authorized to be issued for the repair,
improvement, reconstruction, restoration or rehabilitation of a historic building that is determined
eligible for the exception to the flood resistant construction requirements of the Florida Building
Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed
repair, improvement, reconstruction, restoration or rehabilitation will not preclude the building's
continued designation as a historic building and the variance is the minimum 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, reconstruction, restoration and rehabilitation shall be
subject to the requirements of the Florida Building Code. Historic properties may be required to
obtain a certificate of appropriateness pursuant to the city code. No fee shall be required for the
variance application and, if the historic structure has a current certificate of appropriateness, no
notice of the variance shall be required.
Sec. 51.606. Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally dependent
use, as defined in this chapter, provided the variance meets the requirements of Section 51.604,
is the 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 of the
base flood.
Sec. 51.607. Considerations for issuance of variances. In reviewing requests for variances,
the Building/Flood Board of Adjustment and Appeals shall consider all technical evaluations, all
relevant factors, all other applicable provisions of the Florida Building Code, this chapter, and
the following:
The 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;
1 31 The susceptibility of the proposed development, including contents, to flood damage
and the effect of such damage on current and future owners;
The importance of the services provided by the proposed development to the
community;
01 The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
n 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;
ga The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
DI The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site;
(10) The costs of providing governmental services durinq and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
Ordinance No. 9189-18 12
electrical and water systems, streets and bridges; and
(11) The necessity of the proposed development to a waterfront location, in the case of a
functionally dependent use or facility.
Sec. 51.608. Conditions for issuance of variances. Upon consideration of the factors listed in
Section 51.607, and the purposes of this chapter, the Building/Flood Board of Adjustment and
Appeals may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter. Variances shall be issued only upon:
Submission by the applicant of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this chapter or the required elevation standards. The burden shall be on
the applicant to provide documentation, sufficient to the satisfaction of the Floodplain
Administrator, to show that the standards and conditions required for the granting of a
variance have been met;
al Determination by the Building/Flood Board of Adjustment and Appeals that:
j Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; increased costs to
satisfy the requirements or inconvenience do not constitute hardship. For the
purpose of this section, an exceptional hardship can only be caused by a peculiar
and unique circumstance related directly to the land and shall not be the result of
inconvenience, aesthetic consideration, physical or medical handicap, personal
preference, financial considerations, or any after -the -fact circumstance created by
the inhabitants of the structure or the present or previous property owners;
The granting of a variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, nor create nuisances, cause fraud on
or victimization of the public or conflict with existing local laws and ordinances; and
Lel The variance is the minimum necessary, considering the flood hazard, to afford
relief.
01 Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court at the applicant's expense, and in such a
manner that it appears in the chain of title of the affected parcel of land; and
142 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, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resultinq from the reduced floor elevation (up to
amounts as high as $25 for $100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
DIVISION 8. VIOLATIONS
Sec. 51.701. Violations. Any development that is not within the scope of the Florida Building
Code but that is regulated by this chapter that is performed without an issued permit, that is in
conflict with an issued permit, or that does 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.
Ordinance No. 9189-18 13
Sec. 51.702. Authority. For development that is not within the scope of the Florida Building
Code but that is regulated by this chapter and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
Sec. 51.703. Unlawful continuance. Any person who shall continue any work after having
been served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be subject to
penalties as prescribed by Article 7 of the city's Community Development Code.
ARTICLE 11. DEFINITIONS
DIVISION 1.1N GENERAL
Sec. 51.801. Scope. Unless otherwise expressly stated, the following words and terms shall,
for the purposes of this chapter, have the meanings shown in this article.
Sec. 51.802. Terms defined in the Florida Building Code. Where terms are not defined in this
chapter or the city code and are defined in the Florida Building Code, such terms shall have the
meanings ascribed to them in the Florida Building Code.
Sec. 51.803. Terms not defined. Where terms are not defined in this chapter, the city code, or
the Florida Building Code, such terms shall have ordinarily accepted meanings such as the
context implies.
DIVISION 2. DEFINITIONS
Actual Cash Value means the present day cost to replace a building on the same parcel with a
new building of the same size and configuration that is intended for the same purpose and using
comparable materials and quality, minus depreciation for age, use, neglect and quality of
construction. Actual Cash Value does not consider loss in value due to outmoded design or
location factors.
Adverse Impact means any modifications, alterations or effects on a feature or characteristic of
water or floodprone lands, including their quality, quantity, hydrodynamics, surface area,
species composition, living resources, aesthetics or usefulness for human or natural uses which
are or potentially may be harmful or incurious to human health, welfare, safety or property, to
biological productivity, diversity or stability or which may unreasonably interfere with the
enjoyment of life or property, including outdoor recreation. The term includes secondary and
cumulative as well as direct impacts.
Alteration of a watercourse means 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 modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal means a request for a review of the Building Official's and/or Floodplain Administrator's
interpretation of any provision of this chapter.
ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced
by the Florida Building Code. ASCE 24 is developed and published by the American Society of
Ordinance No. 9189-18 14
Civil Engineers.
Base flood means a flood having a 1 -percent chance of being equaled or exceeded in any given
year. The base flood is commonly referred to as the "100 -year flood" or the "1 -percent -annual
chance flood."
Base flood elevation means the elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM).
Basement means the portion of a building having its floor subgrade (below ground level) on all
sides.
Building means any structure built for support, shelter or enclosure for any occupancy or
storage.
Building official means the building official of the city within the meaning of the
building code adopted for enforcement within the city.
City engineer means the city engineer or Director of Engineering of the city.
Coastal A Zone means flood hazard areas that have been delineated as subject to wave heights
between 1 '/2 feet (457 mm) and 3 feet (914 mm). Such areas are seaward of the Limit of
Moderate Wave Action shown on the Flood Insurance Rate Map.
Coastal construction control line means the line established by the State of Florida pursuant to
section 161.053, F.S., and recorded in the official records of the community, which defines that
portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm
surge, storm waves or other predictable weather conditions.
Coastal high hazard area means a special flood hazard area extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. Coastal high hazard areas are also
referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are
designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30, VE, or V. This term is not to
be confused with the "coastal high hazard area" defined in the City of Clearwater
Comprehensive Plan, which is based upon the Sea, Lake and Overland Surges from Hurricanes
(SLOSH) model, and used for land use planning purposes.
Compensatory excavation means that excavation within or directly contiguous to a floodplain for
the purpose of hydraulically balancing proposed fill.
Critical Facility means structures or facilities that produce, use, or store highly volatile,
flammable, explosive, toxic and/or water -reactive materials; Hospitals, nursing homes, and
housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury
during a flood; Police stations, fire stations, vehicle and equipment storage facilities, and
emergency operations centers that are needed for flood response activities before, during, and
after flood; and Public and private utility facilities that are vital to maintaining or restoring normal
services to flooded areas before, during, and after a flood.
Declaration of Land Restriction (Nonconversion Agreement) means a form provided by the
Ordinance No. 9189-18 15
Floodplain Administrator to be signed by the owner and recorded on the property deed in
Official Records of the Clerk of Courts, for the owner to agree not to convert or modify in any
manner that is inconsistent with the terms of the building permit and these regulations,
enclosures below elevated dwellings.
Design flood means the flood associated with the greater of the following two areas:
(1) Area with a floodplain subject to a 1 -percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation means the elevation of the "design flood," including wave 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 of the 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 being equal to 2 feet.
Development means any man-made change to improved or unimproved real estate, including
but not limited to, 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.
Encroachment means the placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure means any buildings and structures for which the "start
of construction" commenced before June 4, 1971.
Existing manufactured home park or subdivision means 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 of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before June 4, 1971.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the Tots 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).
Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land from:
LI) The overflow of inland or tidal waters.
0 The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage -resistant materials means any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that requires more
than cosmetic repair.
Ordinance No. 9189-18 16
Flood hazard area means the greater of the following two areas:
(1) The area within a floodplain subject to a 1 -percent or greater chance of flooding in any
year.
al The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM) means the official map of the community on which the
Federal Emergency Management Agency (FEMA) has delineated both special flood hazard
areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) means the official report provided by the Federal Emergency
Management Agency (FEMA) that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data.
Floodplain means the lateral extent of inundation by an event of given statistical frequency, such
as special flood hazard areas as designated in the FIRMs and 100 -year floodplain as
designated in the City.
Floodplain Administrator means the office or position designated and charged with the
administration and enforcement of this chapter.
Floodway means the channel of a river or other riverine watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one (1) foot.
Floodway, Regulatory The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height. Communities must regulate development in these
floodways to ensure that there are no increases in upstream flood elevations. For streams and other
watercourses where FEMA has provided Base Flood Elevations (BFEs), but no floodway has been
designated, the community must review floodplain development on a case-by-case basis to ensure
that increases in water surface elevations do not occur, or identify the need to adopt a floodway if
adequate information is available.
Floodwav encroachment analysis means 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.
Florida Building Code means the family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dfiendent use means a 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 or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Ordinance No. 9189-18 17
Hazardous material means those chemicals or substances that are physical hazards or health
hazards as defined and classified in the Florida Building Code and the Florida Fire Prevention
Code, whether the materials are in usable or waste condition.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure means any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
Buildings.
Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing that a
property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show changes
to flood zones, flood elevations, special flood hazard area boundaries and floodwav
delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of
land has been elevated by fill above the base flood elevation and is, therefore, no longer
located within the special flood hazard area. In order to qualify for this determination, the fill
must have been permitted and placed in accordance with the community's floodplain
management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether
a proposed flood protection project or other project complies with the minimum NFIP
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;
upon submission and approval of certified as -built documentation, a Letter of Map Revision
may be issued by FEMA to revise the effective FIRM.
Light-duty truck means as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500
pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000
pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle; or
al Designed primarily for transportation of persons and has a capacity of more than 12
persons: or
gl Available with special features enabling off-street or off-highway operation and use.
Lowest floor means the lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood -resistant enclosure, other than a
basement, usable solely for vehicle parking, building access or limited storage provided that
such enclosure is not built so as to render the structure in violation of the non -elevation
requirements of the Florida Building Code or ASCE 24.
Mangrove stand means an assemblage of mangrove trees which is mostly low trees
noted for a copious development of interlacing adventitious roots above the ground and
which contain one or more of the following species: black mangrove (Avicennia nitida);
Ordinance No. 9189-18 18
red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and
buttonwood (Conocarpus erecta).
Manufactured home means a structure, transportable in one or more sections, which is eight (8)
feet or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle" or "park trailer."
Manufactured home park or subdivision means a parcel (or contiquous parcels) of land divided
into two or more manufactured home Tots for rent or sale.
Market value means the 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.
The market value of a non-residential building does not include the value of the use or
occupancy. Market value may be established by a qualified independent appraiser using a
recognized appraisal method or tax assessment value adjusted to approximate market value by
a factor provided by the Property Appraiser.
New construction means for the purposes of administration of this chapter and the flood
resistant construction requirements of the Florida Building Code, structures for which the "start
of construction" commenced on or after June 4, 1971 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the Tots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after June 4,
1971.
Park trailer means a transportable unit which has a body width not exceeding fourteen (14) feet
and which is built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and appliances.
Recreational vehicle means a vehicle, including a park trailer, which is:
in Built on a single chassis;
121 Four hundred (400) square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Sand dunes means a mound, bluff, or ridge of loose sediment, usually sand -sized sediment,
lying upward of the beach and deposited by any natural or artificial mechanism, which may
be bare or covered with vegetation and is subject to fluctuations in configuration and
location.
Special flood hazard area means an area in the floodplain subiect to a 1 percent or greater
chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone
Ordinance No. 9189-18
19
A, AO, A1 -A30, AE, A99, AH, V1 -V30, VE or V.
Start of construction means the date of issuance of permit for new construction and substantial
improvements, provided the actual start of construction, 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 construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, 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 of the 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.
Structure means any object anchored to the ground, constructed or installed by humankind,
including signs, buildings, parking lots, garages, carports, flagpoles, stoops and utility buildings
(Note: All buildings are structures, but, not all structures are buildings).
Substantial damage means damage of any origin sustained by a building or structure whereby
the cost of restoring the building or structure to its before -damaged condition would equal or
exceed 50 percent of the market value of the building or structure before the damage occurred.
Substantial improvement means any combination of repair, reconstruction, rehabilitation,
addition, or other improvement of a building or structure taking place during a one year period,
in which the cumulative cost equals or exceeds 50 percent of the market value of the building or
structure before the improvement or repair is started. For each building or structure, the one—
year period begins on the date of issuance of a certificate of completion/certificate of occupancy
or completion of final inspection if such a certificate is not applicable for improvement or repair
of that building or structure subsequent to November 20, 2003. If the structure has incurred
"substantial damage," any repairs are considered substantial improvement regardless of the
actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
!l Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance means a grant of relief from the requirements of this chapter, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this chapter or the Florida Building Code.
Watercourse means a river, creek, stream, channel or other topographic feature in, on, through,
or over which water flows at least intermittently.
ARTICLE III. FLOOD RESISTANT DEVELOPMENT
DIVISION 1. LIMITATIONS ON DEVELOPMENT
Sec. 51.901. Development not permitted in floodways, isolated wetlands, and
Ordinance No. 9189-18 20
preservation areas. No new development, substantial improvement, or fill shall be permitted
within the regulatory floodway, isolated designated wetlands, or environmentally sensitive areas
that are designated as preservation areas on the future land use map adopted by the City of
Clearwater.
Sec. 51.902. Development permitted outside of floodways. Development, redevelopment or
fill is permitted outside of floodways if compensatory excavation is provided. Engineering
studies and analyses shall be submitted to demonstrate compensatory excavation hydraulically
balances the proposed development, redevelopment or fill. Compensatory excavation shall be
taken between the seasonal high water level and the base flood elevation and shall not create
adverse impacts to the special flood hazard area. The Floodplain Administrator may waive the
requirement for compensatory excavation if the applicant demonstrates that no adverse effects
will result from the proposed activities outside the floodwav and within the floodplain.
DIVISION 2. BUILDINGS AND STRUCTURES
Sec. 51.1001. Design and construction of buildings, structures and facilities exempt from
the Florida Building Code. Pursuant to Section 51.303, buildings, structures, and facilities that
are exempt from the Florida Building Code, including substantial improvement or repair of
substantial damage of such buildings, structures and facilities, shall be designed and constructed in
accordance with the flood Toad and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Division 8 of this article.
Sec. 51.1002. Buildings and structures seaward of the coastal construction control line.
If extending, in whole or in part, seaward of the coastal construction control line and also
located, in whole or in part, in a flood hazard area:
al Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109
and Section 1612 or Florida Building Code, Residential Section R322, as applicable.
Minor structures and non -habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this chapter and ASCE 24.
Sec. 51.1003. Critical Facilities in the 500 -year flood. New and substantially improved critical
facilities, where permitted, are required to have lowest floors elevated to or above the 500 -year
flood elevation or the elevation of the flood or record, whichever is higher, and have flood -free
access and egress during the 500 -year flood or the flood of record, whichever is higher.
DIVISION 3. SUBDIVISIONS
Sec. 51.1101 Minimum requirements. Subdivision proposals, including proposals for
manufactured home parks and subdivisions, shall be reviewed to determine that:
al Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
21 All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage;
032 Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures; and
Structures are constructed above the base flood elevation. Base flood elevation shall be
Ordinance No. 9189-18 21
submitted by the applicant.
Sec. 51.1102 Subdivision plans. Where any portion of a subdivision, regardless of type, lies
within a flood hazard area, the following shall be required, in addition to any other requirement
of the Community Development Code:
Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on the site plan;
Where the subdivision has more than 50 Tots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations shall be determined
in accordance with Section 51.402(1); and
Compliance with the site improvement and utilities requirements of Division 4 of this
article.
DIVISION 4. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 51.1201. Minimum requirements. All proposed new development shall be reviewed to
determine that:
all Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
al All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
{ Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
Sec. 51.1202. Sanitary sewage facilities. All new and replacement sanitary sewage facilities,
private sewage treatment plants (including all. pumping stations and collector systems), and on-
site waste disposal systems shall be designed in accordance with the standards for onsite
sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities
into flood waters, and impairment of the facilities and systems.
Sec. 51.1203. Water supply facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-532.500,
F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the
systems.
Sec. 51.1204. Limitations on sites in regulatory floodways. No development, including but
not limited to site improvements, and land disturbing activity involving fill or regrading, shall be
authorized in the regulatory floodway unless the floodwav encroachment analysis required in
Section 51.403(1) demonstrates that the proposed development or land disturbing activity will
not result in any increase in the base flood elevation.
Sec. 51.1205. Limitations on placement of fill. Subject to the limitations of this chapter, fill
shall be 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, state and
federal laws.
Sec. 51.1206. Limitations on sites in coastal high hazard areas (Zone V). In coastal high
Ordinance No. 9189-18
22
hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such
alteration is approved by the Florida Department of Environmental Protection and only if the
engineering analysis required by Section 51.403(4) demonstrates that the proposed alteration
will not increase the potential for flood damage. Construction or restoration of dunes under or
around elevated buildings and structures shall comply with Section 51.1608(3).
DIVISION 5. MANUFACTURED HOMES
Sec. 51.1301. General. All manufactured homes installed in flood hazard areas shall be
installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with
the requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. If located
seaward of the coastal construction control line, all manufactured homes shall comply with the
more restrictive of the applicable requirements.
Sec. 51.1302. Limitations on installations in coastal high hazard areas (Zone V). New
installations of manufactured homes shall be permitted only in existing manufactured home
parks and existing manufactured home subdivisions.
Sec. 51.1303. Foundations. All new manufactured homes and replacement manufactured
homes installed in flood hazard areas shall be installed on permanent, reinforced foundations
that:
j) In flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A
Zones, are designed in accordance with the foundation requirements of the Florida
Building Code, Residential and this chapter.
al In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance
with the foundation requirements of the Florida Building Code, Residential and this
chapter. Foundations for manufactured homes subject to Section 51.1305(3) are
permitted to be reinforced piers or other foundation elements of at least equivalent
strength.
Sec. 51.1304. Anchoring. All new manufactured homes and 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 anchoring
requirements for wind resistance from the U.S. Department of Housing and Urban Development
and the U.S. Department of Transportation.
Sec. 51.1305. Elevation Requirements.
f1) Manufactured homes that are placed, replaced, or substantially improved shall comply with
Section 51.13065(2) or 51.13075(3), as applicable.
(2) General elevation requirement. Unless subject to the requirements of Section 51.1305(3), all
manufactured homes that are placed, replaced, or substantially improved on sites located: (a)
outside of a manufactured home park or subdivision; (b) in a new manufactured home park or
subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in
an existing manufactured home park or subdivision upon which a manufactured home has
incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of
the frame is at or above the elevation required, as applicable to the flood hazard area, in the
Florida Building Code, Residential.
Ordinance No. 9189-18 23
(3) Elevation requirement for certain existing manufactured home parks and subdivisions.
Manufactured homes that are not subject to Section 51.1305(2), including manufactured homes
that are placed, replaced, or substantially improved on sites located in an existing manufactured
home park or subdivision, unless on a site where substantial damage as result of flooding has
occurred, shall be elevated such that either the:
Ll I Bottom of the frame of the manufactured home is at or above the elevation required, as
applicable to the flood hazard area, in the Florida Building Code, Residential; or
(2) Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
Sec. 51.1306. Enclosures. Enclosed areas below elevated manufactured homes shall comply
with the requirements of the Florida Building Code, Residential for such enclosed areas, as
applicable to the flood hazard area.
Sec. 51.1307. 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 of the Florida Building Code, Residential, as
applicable to the flood hazard area.
DIVISION 6. RECREATIONAL VEHICLES AND PARK TRAILERS
Sec. 51.1401. Temporary placement. Recreational vehicles and park trailers placed
temporarily in flood hazard areas shall:
al Be on the site for fewer than 180 consecutive days; or
al Be fully licensed and ready for highway use, which means the recreational vehicle or
park model is on wheels or jacking system, is attached to the site only by quick -
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
Sec. 51.1402. Permanent placement. Recreational vehicles and park trailers that do not meet
the limitations in Section 51.1401 for temporary placement shall meet the requirements of
Division 5 of this article for manufactured homes.
DIVISION 7. TANKS
Sec. 51.1501. 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 design flood, including the effects of buoyancy
assuming the tank is empty. Sealed engineering designs for anchoring and securing of tanks
shall be provided with building permit application.
Sec. 51.1502. Above -ground tanks, not elevated. Above -ground tanks that do not meet the
elevation requirements of Section 51.1503 shall:
Ll Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
Coastal A Zones, provided the tanks are anchored 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.
al Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
Sec. 51.1503. Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall
Ordinance No. 9189-18
24
be attached to and elevated to or above the design flood elevation on a supporting structure that
is designed to prevent flotation, collapse or lateral movement during conditions of the design
flood. Tank -supporting structures shall meet the foundation requirements of the applicable flood
hazard area. Sealed engineering designs for anchoring and securing of tanks shall be provided
with building permit application.
Sec. 51.1504. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
121 Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
DIVISION 8. OTHER DEVELOPMENT
Sec. 51.1601. General 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:
LU Be located and constructed to minimize flood damage:
21 Meet the limitations of Section 51.1204 if located in a regulatory floodwav;
01 Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood:
Be constructed of flood damage -resistant materials;
Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations; and
n New construction and substantial improvements shall be constructed by methods and
practices that minimize flood damage.
Sec. 51.1602. Fences in regulatory floodways. Fences in regulatory floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,
shall meet the limitations of Section 51.1204.
Sec. 51.1603. Retaining walls, sidewalks and driveways in regulatory floodways.
Retaining walls and sidewalks and driveways that involve the placement of fill in regulatory
floodways shall meet the limitations of Section 51.1204.
Sec. 51.1604. Roads and watercourse crossings in regulatory floodways. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and similar
means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulatory floodways shall meet the limitations of Section 51.1204. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of
Section 51.403(3).
Sec. 51.1605. Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V)
and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used
as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural
uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs
Ordinance No. 9189-18 25
are designed and constructed to be:
Structurally independent of the foundation system of the building or structure;
21 Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
01 Have a maximum slab thickness of not more than four (4) inches.
Sec. 51.1606. Decks and patios in coastal high hazard areas (Zone V) and Coastal A
Zones. In addition to the requirements of the Florida Building Code, in coastal high hazard
areas and Coastal A Zones decks and patios shall be located, designed, and constructed in
compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
gl A deck or patio that is located below the design flood elevation shall be structurally_
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.
HI A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
Sec. 51.1607. Other development in coastal high hazard areas (Zone V) and Coastal A
Zones. In coastal high hazard areas and Coastal A Zones, development activities other than
buildings and structures shall be permitted only if also authorized by the appropriate federal,
state or local authority; if located outside the footprint of, and not structurally attached to,
buildings and structures; and if analyses prepared by qualified registered design professionals
demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would
increase damage to adjacent buildings and structures. Such other development activities
include but are not limited to:
al Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
Sec. 51.1608. Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A
Zones. In coastal high hazard areas and Coastal A Zones:
al Minor grading and the placement of minor quantities of nonstructural fill shall be
Ordinance No. 9189-18 26
permitted for landscaping and for drainage purposes under and around buildings.
Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adiacent buildings and structures.
Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification of
the diversion of floodwater or wave runup and wave reflection if the scale and location of
the dune work is consistent with local beach -dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal structural
member of the building, subiect to Section 51.403.
DIVISION 9. HAZARDOUS MATERIALS
Sec. 51.1701. Manufacture and storage of hazardous materials. Structures used for the
manufacture or storage of hazardous materials shall not be permitted in any floodplain or
floodway.
Sec. 51.1702. Discharge of hazardous materials. It shall be unlawful for any person to
discharge, cause to be discharged, or allow to be discharged any hazardous materials within
any floodplain or floodway.
SECTION 2. Chapter 47, Buildings and Building Regulations, Section 47.005 Minimum Floor
Elevation and Section 47.051 Adoption and Enforcement, Community Development Code are
hereby amended as follows:
Sec. 47.005. - Minimum floor elevation.
(1) The minimum floor elevation for new buildings or additions to existing buildings shall be:
(a) One foot above the crown of the pavement abutting the building site for the lowest
floor, and six inches for all floors buildings and structures not
floor as defined by section 51.03, City Code of Ordinances subiect to the
requirements of Chapter 51 Community Development Code or the Florida Building
Code; or
(b) Set by the city engineer for new developments or unusual building sites if the
elevation exceeds the requirements of the Florida Building Code.
(c) Set by the flood insurance rate maps.
(2) The building official is hereby designated and authorized to enforce this requirement.
* * * * * * * * * *
Sec. 47.051. - Adoption and enforcement.
* * * * * * * * * *
(2) The codes and standards described in this section, referred to generally as the "codes,"
shall be the editions described in this section or later editions as may subsequently be
adopted or amended by the Florida Building Commission
Licensing Board or by the city pursuant to Section 47.054 of this Code. Except the
administrative sections or provisions and such other provisions of each code as are
Ordinance No. 9189-18 27
amended and set forth in this chapter. A copy of each code and amendments shall be
kept on file in the office of the city clerk.
SECTION 3. Chapter 47, Buildings and Building Regulations, Clearwater Community
Development Code, is hereby amended to include a new Section 47.054 which incorporates
language and makes the following administrative and technical amendments to the Florida
Building Code. In this section, the amendments to the Florida Building Code are shown in
double -underline for added language and strike -through for deleted language.
Sec. 47.054. — Amendments to the Florida Building Code.
(1) The Florida Building Code, Building is adopted in section 47.051 of this Code, with the
following administrative amendment(s):
(a) Florida Building Code, Building Section 107.3.5, is amended to read as follows:
107.3.5 Minimum plan review criteria for buildings.
* * * * * * * * * *
Residential (one- and two-family):
* * * * * * * * * *
6. Structural requirements shall include:
* * * * * * * * * *
Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
enclosures, declaration of land restriction (nonconversion agreement), equipment,
and flood damage -resistant materials.
(2) Florida Building Code, Building is adopted in section 47.051 of this Code, with the following
technical amendment(s):
(a) Florida Building Code, Building Section 202, definition of Substantial Improvement, is
amended to read as follows:
SUBSTANTIAL IMPROVEMENT. Anvcombination of repair, reconstruction, rehabilitation,
alteration, addition or other improvement of a building or structure,12kina place durina a • ne-
year period in which the umulative cost of -which equals or exceeds 50 percent of the
market value of the buiLdina or structure before the improvement or repair is started. F r
each building or structure, the one-year period begins on the date of issuance of a certificate
of completion/certificate of occupancy or completion of final inspection if such a certificate is
not applicable for improvement or repair of that building or structure subsequent to
November 20 2003. If the structure has sustainedincurred "substantial damage " any repairs
are considered substantial improvement regardless of the actual repair work performed. The
term does not, however, include either:
1. Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that isare the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
(b) Florida Building Code, Building Section 1612.4 Design and Construction, is amended to
read as follows:
**********
Ordinance No. 9189-18 28
1612.4 Design and construction.
* * * * * * * * * *
1612.4.1 Modification of ASCE 24. Reserved.
permitted."
1612.4.2 Modification of ASCE 24 (Coastal A Zone). Section 4.5.13 in ASCE 24 shall
be modified as follows:
1. Paragraph 1 shall be modified: "In Coastal High Hazard Areas and Coastal A
Zones, stem walls shall not be permitted."
2� Paragraph 2 shall be deleted.
1612.4.3 Elevation requirements.
The minimum elevation requirements shall be as specified in ASCE 24 or the base flood
elevation plus 2 feet (610 mm), whichever is higher.
(3) The Florida Building Code, Existing Building, is adopted in section 47.051 of this Code, with
the following technical amendment(s):
(a) Florida Building Code, Existing Building Section 202, definition of Substantial
Improvement, is amended to read as follows:
SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the
flood provisions of this code, means any combination of repair, reconstruction,
rehabilitation, alteration; addition, orAher improvement of a building or structure taking
place during a one year ep riod,_in which the cumulative cost of ef-whish equals or exceeds
50 percent of the market value of the building or structure, before the improvement or
repair is started. For each building or structure, the one-year period begins on the date
of issuance of a certificate of completion/certificate of occupancy or completion of final
if
I - • u! • -�j-� • • .. • n
or structure subseguent to November 20, 2003. If the structure has sustainedincurred
"substantial damage," any repairs are considered substantial improvement reqardless of
the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the Bode building official and that
isare the minimum necessa to ensure safe livin • conditions (31r
2. Any alteration of a historic structure, provided that the alteration will not preclude
the structure's continued designation as a historic structure.
Ordinance No. 9189-18
29
(4) The Florida Building Code, Residential, is adopted in section 47.051 of this Code, with the
following technical amendments:
(a) Florida Building Code, Residential Section R322.2.1, Elevation Requirements, is
amended to read as follows:
R322.2.1 Elevation Requirements.
1. Buildings and structures in flood hazard areas including flood hazard areas
designated as Coastal A Zones, shall have the lowest floors elevated to or above the
base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation,
whichever is higher.
2. In areas of shallow flooding (AO Zones), buildings and structures shall have the
lowest floor (including basement) elevated to a height above the highest adjacent
grade of not less than the depth number specified in feet (mm) on the FIRM plus 2
fit 1 foot (305 mrn), or not less than 4 feet 3 feet (915 mm) if a depth number is not
specified.
3. Basement floors that are below grade on all sides shall be elevated to or above base
flood elevation plus 2t 1 foot (305 mm), or the design flood elevation whichever
is higher.
Exception: Enclosed areas below the design flood elevation, including basements with
floors that are not below grade on all sides, shall meet the requirements of Section
322.2.2.
(b) Florida Building Code, Residential Section R322.3.2, Elevation Requirements, is
amended to read as follows:
R322.3.2 Elevation Requirements.
1 Buildings and structures erected within coastal high -hazard areas and Coastal A
Zones, shall be elevated so that the bottom of the lowest horizontal structure
members supporting the lowest floor, with the exception of pilings, pile caps,
columns, grade beams and bracing, is elevated to or above the base flood elevation
plus 2 feet_1 foot (305 mm) or the design flood elevation, whichever is higher.
2. Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited.
4. Minor grading, and the placement of minor quantities of fill, shall be permitted for
landscaping and for drainage purposes under and around buildings and for support
of parking slabs, pool decks, patios and walkways.
5. Walls and partitions enclosing areas below the design flood elevation shall meet the
requirements of Sections R322.3.4 and R322.3.5.
(c) Florida Building Code, Residential Section R322.3.3, Foundations, is amended to delete
the "Exception" and now reads as follows:
R322.3.3 Foundations. Buildings and structures erected in coastal high -hazard areas
and Coastal A Zones shall be supported on pilings or columns and shall be adequately
anchored to such pilings or columns. The space below the elevated building shall be
either free of obstruction or, if enclosed with walls, the walls shall meet the requirements
of Section R322.3.4. Pilings shall have adequate soil penetrations to resist the combined
wave and wind loads (lateral and uplift). Water -loading values used shall be those
associated with the design flood. Wind -loading values shall be those required by this
Ordinance No. 9189-18 30
code. Pile embedment shall include consideration of decreased resistance capacity
caused by scour of soil strata surrounding the piling. Pile systems design and installation
shall be certified in accordance with Section R322.3.6. Spread footing, mat, raft or other
foundations that support columns shall not be permitted where soil investigations that
are required in accordance with Section R401.4 indicate that soil material under the
spread footing, mat, raft or other foundation is subject to scour or erosion from wave -
velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that
support columns shall be designed in accordance with ASCE 24. Slabs, pools, pool
decks and walkways shall be located and constructed to be structurally independent of
buildings and structures and their foundations to prevent transfer of flood loads to the
buildings and structures during conditions of flooding, scour or erosion from wave -
velocity flow conditions, unless the buildings and structures and their foundations are
designed to resist the additional flood load.
SECTION 4. FISCAL IMPACT STATEMENT.
In terms of design, plan application review, construction and inspection of buildings and
structures, the cost impact as an overall average is negligible in regard to the local technical
amendments because all development has been subject to the requirements of the local
floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified
copies of this ordinance with the Clerk of the Circuit Court and with the County Administrator of
Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State and the Florida Building Commission within 30 days after adoption.
Ordinance No. 9189-18 31
PASSED ON FIRST READING
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
OCT 1 8 2018
NOV 0 1 2018
—Selo rte k
George N. Cretekos
Mayor
Approved as to form: Attest:
VAth P
Michael P. Fuino
Assistant City Attorney
Rosemarie CaII
City Clerk
Ordinance No. 9189-18 32
MOTION TO AMEND ORDINANCE NO. 9189-18 ON FIRST READING
On page 24 of the ordinance, Sec. 51.1502 is amended to read as follows to add
references to Coastal A Zones:
Sec. 51.1502. Above -ground tanks, not elevated. Above -ground tanks that do not meet the
elevation requirements of Section 51.1503 shall:
Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
Coastal A Zones, provided the tanks are anchored 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.
21 Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
On page 27 of the ordinance, Sec. 47.005 is amended to read as follows to delete
certain language, thereby establishing minimum floor elevation of one foot where
applicable through this provision:
Sec. 47.005. - Minimum floor elevation.
(1) The minimum floor elevation for new buildings or additions to existing buildings shall be:
(a) One foot above the crown of the pavement abutting the building site
^floor,eawl-six-inches-for all floors buildings and structures not
floor as defined by section 51.03, City Code of Ordinances subject to the
requirements of Chapter 51 Community Development Code or the Florida Building
Code; or
(b) Set by the city engineer for new developments or unusual building sites if the
elevation exceeds the requirements of the Florida Building Code.
(c) Set by the flood insurance rate maps.
gio
Pamela K. Akin
City Attorney
October 18, 2018