A. Title.
These regulations shall be known as the floodplain management section of the city, hereinafter referred to as "this section."
B. Scope.
The provisions of this section shall apply to all development that is wholly within or partially within any flood hazard area and the two-tenths of one percent (0.2%) (500-year) flood hazard area (shaded Zone X), 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.
C. Intent.
The purposes of this section 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:
1. Minimize unnecessary disruption of commerce, access and public service during times of flooding;
2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage;
3. 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;
4. 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;
5. Minimize damage to public and private facilities and utilities;
6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;
7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and
8. Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
D. Coordination with the Florida Building Code.
This section is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. In the City of Mexico City, administration of the flood provisions of the Florida Building Code shall be based on the flood hazard area established in paragraph G of this Section.
E. Warning.
The degree of flood protection required by this section and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this section.
F. Disclaimer of liability.
This section shall not create liability on the part of the City Council of the City of Mexico Beach or by any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made thereunder.
G. Applicability.
1. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
2. Areas to which this section applies. This section shall apply to all flood hazard areas within the City, as established in subparagraph 3.
3. Basis for establishing flood hazard areas.
a. Except as provided in subparagraph b., the Flood Insurance Study for Bay County, Florida and incorporated areas dated June 2, 2009, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this section 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 Mexico Beach, City Hall, 201 Paradise Path, Mexico Beach, Florida 32410.
b. The "Post-Michael Adapted Preliminary Flood Map for Bay County" produced by the Northwest Florida Water Management District, or as revised and reposted to the NWFWMD webpage (http://portal.nwfwmdfloodmaps.com), are adopted by reference as a part of this section and, where such maps show more restrictive base flood elevation and more restrictive flood zone designations than shown on the Flood Insurance Rate Maps adopted in subparagraph 3.a., the more restrictive of the base flood elevation and flood zone designations shall prevail. Upon issuance of a Letter of Final Determination by FEMA establishing the effective date for revisions to the study and maps cited in subparagraph 3.a., this subparagraph shall be voided.
4. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 4.05.04 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 community indicates that ground elevations:
a. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this section 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.
5. Other laws. The provisions of this section shall not be deemed to nullify any provisions of local, state or federal law.
6. Abrogation and greater restrictions. This section supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances 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 section and any other ordinance, the more restrictive shall govern. This section shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this section.
7. Interpretation. In the interpretation and application of this section, all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under state statutes.
H. Definitions.
1. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this section, have the meanings shown in this section.
2. Terms defined in the Florida Building Code. Where terms are not defined in this section and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.
3. Terms not defined. Where terms are not defined in this section or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
Alteration of a watercourse.
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of 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.
A request for a review of the Floodplain Administrator's interpretation of any provision of this section.
ASCE 24.
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 Civil Engineers, Reston, Virginia.
Base flood.
A flood having a one percent (1%) chance of being equaled or exceeded in any given year. (Also defined in FBC, B, Section 202.) The base flood is commonly referred to as the "100-year flood" or the "1% annual chance flood."
Base flood elevation.
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). (Also defined in FBC, B, Section 202.)
Basement.
The portion of a building having its floor sub grade (below ground level) on all sides. "Also defined in FBC, B, Section 202; see "Basement (for flood loads)"."
Coastal construction control line.
The line established by the State of Florida pursuant to F.S. § 161.053, 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.
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.
Critical facility.
A facility for which even a slight chance of flooding poses unacceptable risk. Critical facilities include facilities assigned Flood Design Class 4 and care facilities where residents have limited mobility or ability, including nursing homes but not including care facilities for five (5) or fewer persons.
Design flood.
The flood associated with the greater of the following two (2) areas: (Also defined in FBC, B, Section 202.)
(a) Area with a floodplain subject to a one percent (1%) or greater chance of flooding in any year; or
(b) Area designated as a flood hazard area on the community's flood hazard map, except for the 0.2% (500-year) flood hazard area (shaded Zone X), or otherwise legally designated.
Design flood elevation.
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 two (2) feet. (Also defined in FBC, B, Section 202.)
Development.
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.
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.
Any buildings and structures for which the "start of construction" commenced before July 15, 1977. (Also defined in FBC, B, Section 202.)
Existing manufactured home park or subdivision.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 15, 1977.
Expansion to an existing manufactured home park or subdivision.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA).
The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding.
A general and temporary condition of partial or complete inundation of normally dry land from: (Also defined in FBC, B, Section 202.)
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials.
Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. (Also defined in FBC, B, Section 202.)
Flood hazard area.
The greater of the following two (2) areas: (Also defined in FBC, B, Section 202.)
(a) The area within a floodplain subject to a one percent (1%) or greater chance of flooding in any year.
(b) The two-tenths of one percent (0.2%) (five hundred (500)-year) flood hazard area (shaded Zone X) designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.
Flood Insurance Rate Map (FIRM).
The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. (Also defined in FBC, B, Section 202.)
Flood Insurance Study (FIS).
The official report provided by the Federal Emergency Management Agency 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. (Also defined in FBC, B, Section 202.)
Floodplain Administrator.
The office or position designated and charged with the administration and enforcement of this section (may be referred to as the Floodplain Manager).
Floodplain development permit or approval.
An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this section.
Floodway.
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. (Also defined in FBC, B, Section 202.)
Floodway encroachment analysis.
An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.
Florida Building Code.
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 dependent use.
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.
Highest adjacent grade.
The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.
Historic structure.
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).
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 floodway 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.
As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a vehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(a) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(c) Available with special features enabling off-street or off-highway operation and use.
Lowest floor.
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. (Also defined in FBC, B, Section 202.)
Manufactured home.
A structure, transportable in one (1) 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." (Also defined in 15C-l.0101, F.A.C.)
Manufactured home park or subdivision.
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
Market value.
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. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.
New construction.
For the purposes of administration of this section and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after July 15, 1977 and includes any subsequent improvements to such structures.
New manufactured home park or subdivision.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed ( including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 15, 1977.
Park trailer.
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. (Defined in F.S. § 320.01.)
Recreational vehicle.
A vehicle, including a park trailer, which is: (See F.S. § 320.01.)
(a) Built on a single chassis;
(b) Four hundred (400) square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Sand dunes.
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Special flood hazard area.
An area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. (Also defined in FBC, B Section 202.)
Start of construction.
The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred eighty (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. (Also defined in FBC, B Section 202.)
Substantial damage.
Damage of any origin sustained by a structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the building or structure before the damage occurred. The term also includes flood-related damage sustained by a structure on two (2) separate occasions during a ten (10)-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred. (Also defined in FBC, B Section 202.)
Substantial improvement.
Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a one (1)-year period, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one (1)-year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to May 11, 2016. 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 (also defined in FBC, B, Section 202.)
(a) 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.
(b) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.
Variance.
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.
A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
(Ord. 719, passed 5-28-2019; Ord. 757, passed 12-18-2020)