HomeMy WebLinkAbout1978-22STATE OF FLORIDA
T INDIAN RIVER COUNTY
'�.. THIS IS t0 THAT THIS IS
A TI'F'F A:vD CO2RECT COPY OF
THE CRIGINAL ON FILE IN THIS
INDIAN RIVER COUNTY ORDINANCE 78-22 ifFICE.
FREDA RIGHT, CLERK
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OFEIINDTAV- D.C.
COUNTY, FLORIDA: DATE _ /O -/
ARTICLE IX - FLOOD PROTECTION
Sections 4-110-120 (of the Code of Ordinances)
Section 1. PURPOSE AND INTENT.
The purpose of this Article is to provide for adequate
minimum standards and procedures for the construction of
new residential and nonresidential structures, including
prefabricated and mobile homes, and for such structures
that are substantially improved so that such structures
can be eligible for insurance under the Federal Flood
Insurance Program and so that the construction of such
structures will be in conformity with recognized con-
struction techniques designed to offer flood protection.
Section 2. DEFINITIONS.
For the purposes of this Article, the following definitions
shall apply in the interpretation, enforcement and intent
of this Article. When not inconsistent with the context,
words, used in the present tense include the future, words
in the plural number include the singular, and words in the
singular number include the plural. The word "shall" is
always mandatory and note merely directory.
BUILDING PERMIT: The permit as required by The Standard
Building Code, as adopted in the Indian River County Code.
COASTAL HIGH HAZARD AREA: The portion of a coastal flood-
plain having special flood hazards that is subject to
velocity waters, including hurricane wave wash and tidal
waves and which is designated as a "V" zone on the applicable
flood maps.
FLOOD OR FLOODING: A general and temporary condition of
partial or complete inundation of normally dry land areas
from (a) the overflow of streams, rivers or other inland
waters or (b) abnormally high tidal waters or rising
coastal water resulting from severe storms, hurricanes or
tidal waves.
FLOOD MAPS OR FLOOD HAZARD BOUNDARY MAPS: The set of six
(6) separate maps of various areas of Indian River County,
Florida, which were approved by the Department of Housing
and Urban Development. Said set of maps, dated July 3,
1978, consists of the introductory or index, man and five
(5) individual maps numbered 120119 0005A through 120119-
0025A, which numbers are indexed to the introductory map.
FLOODPROOFING: Those adjustments to properties, structures
and building contents which are designed or adapted primarily
to reduce flood damages to lands, potable water and sanitary
facilities and structures. It shall include structural and
nonstructural additions, changes and engineering techniques
which seal structures and kegP them free from encroachment
of floodwater below the one -hundred -year flood level. Any
person who attempts to use floodproofing techniques in order
to satisfy the requirements of this Article as to non-
residential structures shall provide the Indian River County
building official with a certification from a professional
engineer who is registered in the state of Florida that said
` t
structure is floodproofed or has adequate floodproofing
provisions designed within said structure.
LEVEL OF ONE-HUNDRED-YEAR FLOOD: The highest level of
flooding that on the average is likely to occur once every
one hundred (100) years (or has a one (1) per cent chance
Of occurring each year).
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or
improvement of a structure, the cost of which equals or
exceeds fifty (50) per cent of the actual cash value of
the structure either before the improvement is started,
or if the structure has been damaged and is being restored,
before the damage occurred. Substantial improvement is
commenced when the first alteration of any structural part
of the building is begun.
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Section 3. ADOPTION OF FLOOD HAZARD BOUNDARY AND STUDY MAPS.
The flood hazard boundary maps, including the zone designations
on said maps and all explanatory material noted thereon, and
the flood insurance study, dated January 1978, prepared by
the U.S. Department of Housing and Urban Development,
Federal Insurance Administration, are hereby incorporated
into this Article by reference in their entirety. Said maps
and study shall be kept in the custody of that individual
delegated the administrative responsibility by the admin-
istrative director of Indian River County for the approval
and issuance of building permits. Said maps shall be referred
to for a determination of the flood-prone and specificed
hazard areas and the one-hundred-year base flood elevation
line for a calculation of the construction requirements for
any structure within the unincorporated areas of Indian River
County under the provisions of this Article.
Section 4. REQUIRE14ENTS FOR RESIDENTIAL CONSTRUCTION.
Within those unincorporated areas of Indian River County
designated as special flood hazard areas by the flood maps,
all new construction of residential structures or substantial
improvements of existing residential structures including
prefabricated and.mobile homes shall have the lowest floor
of such structure, including basements, elevated to or above
the applicable level of the one-hundred-year flood.
Section 5. REQUIREMENTS FOR NONRESIDENTIAL CONSTRUCTION.
Within those unincorporated areas of Indian River County
designated as special flood hazard areas by the 'flood maps,
all new construction of nonresidential structures or sub-
stantial improvements of exisiting nonresidential structures
shall have the lowest floor including basements, elevated to
or above the applicable level of the one-hundred-year flood;
or, together with attendant utility and sanitary facilities,
such nonresidential structures shall be floodproofed up to
the applicable level of the one-hundred-year flood.
Section 6. COASTAL HIGH HAZARD AREAS; NONCONFORMING USES.
Within those areas designated as coastal high hazard areas
by the flood maps, all nonconforming uses on land below
the one-hundred-year flood level shall not be expanded.
Section 7. DEVELOPMENT OF COASTAL HIGH HAZARD AREAS.
Within those areas designated as coastal high hazard areas
by the flood maps, no land below the level of the one-
hundred-year flood shall be developed unless the new con-
struction or substantial improvement shall:.
(1) Be located landward of the reach of the mean high tide;
(2) Be elevated on adequately anchored piles or columns to
a lowest floor level at or above the applicable one -
hundred -year flood level and securely anchored to such
piles or columns; and
(3) Have no basement and have the space below the lowest
floor free of obstructions so that the impact of
abnormally high tides or wind -driven water is minimized.
Section 8. BUILD3NG PERMIT APPLICATIONS REVIEWED PRIOR
TO ISSUANCE.
Within those unincorporated areas of Indian River County
4 designated as special flood hazard areas by the flood mans,
all building permit applications for new construction or
substantial improvements of residential and nonresidential
structures including prefabricated and mobile homes shall be
reviewed to assure that the proposed construction shall:
(1) Be protected against flood damage;
(2) Be designated or modified and anchored to prevent
flotation, collaspe or lateral movement of the structure;
(3) Use construction materials and utility equipment that
are resistant to flood damage; and
(4) Use construction methods and practices that will minimize
flood damage.
Section 9. SURVEY TO BE ATTACHED TO BUILDING PERMIT APPLICATION.
Within those unincorporated areas of Indian River County
designated as special flood hazard areas by the flood maps,
all building permit applications for the construction or
substantial improvement of residential and nonresidential
structures including prefabricated and mobile homes shall be
accompanied by a survey, signed and sealed by a professional
surveyor licensed in the State of Florida, which specifically
designates the elevation of the graded or final building pad
of the site and of the proposed first floor of construction
of such new structure or substantial improvement to existing
structures. Such survey shall be attached to the building
permit must be approved as meeting the requirements of this
Article by the building official of Indian River County prior
to the issuance of a building permit. Before a certificate
Of occupancy is issued for the structure, the building official
of Indian River County shall inspect the premises to assure
that the requirements of this Article have been met.
Section 10. ARTICLE TO CONTROL CONFLICTING LAWS.
The provisions and requirements of this Article shall take
precedence over any conflicting laws, ordinances, regulations
or codes or parts thereof as they apply to the unincorporated
areas of Indian River County.
Section 11. AMENDED FLOOD MAPS.
This Ordinance shall apply only to the unincorporated areas of
Indian River County. The Flood Maps, as incorporated herein,
may be amended from time to time to reflect the changes in
municipal boundaries and said amendments to the Flood Maps
shall not effect the validity or enforceability of this
Ordinance.
Section 12. EFFECTIVE DATE.
This Ordinance shall become effective after adoption as
prescribed by law.
This Ordinance shall. take effect August lb, 1978,