HomeMy WebLinkAboutOrdinance - City Council - Regular - 3591 - 8/15/2011ORDINANCE NO. 3591
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, AMENDING THE CITY CODE,
SUB -PART B, LAND DEVELOPMENT CODE, CHAPTER 110
FLOOD PREVENTION AND PROTECTION; ARTICLE I. IN
GENERAL, SECTION 110-1 DEFINITIONS; ARTICLE II.
ADMINISTRATION, DIVISION 1. GENERALLY,
SECTION 110-43 VARIANCE AUTHORIZATION;
DIVISION 3. VARIANCES, SECTION 110-83 ISSUANCE;
LIMITATIONS; SECTION 110-84 APPEALS FROM COUNCIL
DECISION; ARTICLE III. FLOOD HAZARD REDUCTION,
SECTION 110-122 SUBSTANTIAL IMPROVEMENT AND
DAMAGE STRUCTURES; AND CREATING
SECTION 110-123 CRITICAL FACILITIES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, that:
SECTION 1. The City Code of the City of Fort Myers, Florida,
Sub -Part B, Land Development Code, Chapter 110, Flood Prevention and
Protection, Article I. In General, Section 110-1 Definitions is hereby
amended to read as follows:
Sec. 110-1. Definitions.
The following words, terms and phrases, when used
in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a
different meaning. Unless specifically defined below, words
or phrases used in the flood hazard areas section
(section 110-3) shall be interpreted so as to give them the
meaning they have in common usage and to give this
chapter its most reasonable application.
Addition (to an existing building) means any walled
and roofed expansion to the perimeter of a building in
which the addition is connected by a common load -bearing
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wall other than a firewall. Any walled and roofed addition
which is connected by a firewall or is separated by
independent perimeter load -bearing walls is new
construction.
AE Zone means an area inundated by 100 year
flooding, for which base flood elevations have been
determined.
Alteration means any construction or renovation to
an existing structure other than repair or addition.
Appeal means a request for review of the flood
damage prevention administration's interpretation of any
provision of this chapter or a request for a variance.
Area of special flood hazard means the land in the
floodplain within a community subject to a one percent or
greater chance of flooding in any given year.
A Zone means an area inundated by 100 year
flooding, for which no base flood elevations have been
established.
Base flood means the flood having a one percent
chance of being equaled or exceeded in any given year.
Base flood elevation means the highest water -surface
elevation associated with the base flood.
Basement means that portion of a building having its
floor subgrade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the
structural support of the building and is intended through
its design and construction to collapse under spec
lateral loading forces without causing damage to the
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elevated portion of the building or the supporting
foundation system.
Building means any structure built for support,
shelter or enclosure for any occupancy or storage.
Coastal High Hazard Area means the area subject to
high velocity water caused by, but not limited to, hurricane
wave wash. The area is designated on a FIRM as Zone V or
VE.
Critical facility means a facility for which even a
slight chance of flooding might be too great. Critical
facilities include, but are not limited to schools, nursing
homes, hospitals, police, fire and emergency response
installations, and installations which produce, use or store
hazardous materials or hazardous waste.
Development means any manmade change to
improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavating, drilling operations or
permanent storage of materials.
Elevated building means a nonbasement building
built to have the lowest floor elevated above the ground
level by means of fill, solid foundation perimeter walls,
pilings, columns (posts and piers) or shear walls.
Encroachment means the advance or infringement of
uses, plant growth, fill, excavation, buildings, permanent
structures or development into a floodplain, which may
impede or alter the flow capacity of a floodplain.
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Flood and flooding mean a general and temporary
condition of partial or complete inundation of normally dry
land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or
runoff of surface waters from any source.
Flood insurance rate map (FIRM) means the official
map of a community, on which Federal Emergency
Management Agency (FEMA) has delineated both the areas
of special flood hazards and the risk premium zones
applicable to the community.
Flood insurance study means the official hydraulic
and hydrologic report provided by FEMA. The report
contains flood profiles, as well as the FIRM, flood hazard
boundary-floodway map and the water surface elevation of
the base flood.
F000dplain Manager means the individual appointed
to administer and enforce the floodplain management
regulations of the community.
Flood proofing means a combination of structural
and non-structural features that reduce or eliminate flood
damage to buildings and/or their contents.
Floodway means 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 one foot.
Floodway fringe means that area of the floodplain on
either side of the regulatory floodway where encroachment
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may be permitted without additional hydraulic and/or
hydrologic analysis.
Freeboard means the additional height that adds a
factor of safety above the Base Flood Elevation (BFE) for
purposes of floodplain management. Freeboard
compensates for the many unknown factors that could
contribute to flood heights greater than the height
calculated for a selected size flood and floodway conditions,
such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed. The freeboard
requirement for the city is six inches above the BFE.
Functionally dependent facility means a facility which
cannot be used for its intended purpose unless it is located
or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of
cargo or passengers, shipbuilding, ship repair or seafood
processing facilities. The term does not include longterm
storage, manufacturing, sales or service facilities.
Hardship as related to variances from the provisions
of this chapter means the exceptional hardship that would
result from a failure to grant the requested variance. The
city council requires that the variance is exceptional,
unusual, and peculiar to the property involved. Economic
or financial hardship alone is not considered exceptional.
Highest adjacent grade means the highest natural
elevation of the ground surface, prior to construction, next
to the proposed walls of a structure.
Historic structure means any structure that is:
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(1) Listed individually in the National Register of
Historic Places (a listing maintained by the
Department of Interior) or preliminarily
determined by the Secretary of the Interior as
meeting the requirements for individual listing
on the National Register;
(2) Certified or preliminarily determined by the
Secretary of the Interior as contributing to the
historical significance of a registered historic
district or a district preliminarily determined
by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of
historic places in states with historic
preservation programs which have been
approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory historic
places in communities with historic
preservation programs that have been certified
either:
a. By an approved state program as
determined by the Secretary of the
Interior, or
b. Directly by the Secretary of the Interior
in states without approved programs.
Lowest adjacent grade means the lowest elevation,
after the completion of construction, of the ground,
sidewalk, patio, deck support, or basement entryway
immediately next to the structure.
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Lowest floor means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for parking of vehicles,
building access, or storage, in an area other than a
basement, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the
structure in violation of the non -elevation design standards
of this ordinance. NOTE: For V-Zone construction, lowest
floor is the bottom of the lowest horizontal supporting
member.
Manufactured home, for the purpose of this chapter
only, means a structure, transportable in one or more
sections, which is built on a permanent chassis and
designed to be used with or without a permanent
foundation when connected to the required utilities. The
term also includes park trailers, travel trailers, and similar
transportable structures placed on a site for
180 consecutive days or longer and intended to be
improved property.
Market value means the value of a structure, less the
land, as determined by the Lee County Property Appraiser
plus thirty percent, or by a private appraisal acceptable to
the city and was completed within the past twelve months,
whichever is higher. This value shall not include the value
of the land on which the structure is located, nor the value
of other structures or site improvements on the site, nor the
value of the structure after the proposed improvements are
completed.
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Mean sea level means the average height of the sea
for all stages of the tide. It is used as a reference for
establishing various elevations within the floodplain. For
purposes of this chapter, the term is synonymous with
National Geodetic Vertical Datum (NGVD) and North
American Vertical Datum (NAVD)
National American Vertical Datum (NAVD), the North
American Vertical Datum of 1988 means the vertical control
datum established for vertical control surveying in the
United States of America, and used as a reference for
establishing varying elevations within the floodplain
National Geodetic Vertical Datum (NGVD), as corrected
in 1929, means a vertical control used as a reference for
establishing varying elevations within the floodplain.
New construction means structures for which the
start of construction commenced on or after April 2, 1979.
Such term includes substantial improvement and means
the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, or
improvement was within 180 days of the permit date. The
actual start means the first placement of permanent
construction of a structure (including a manufactured
home) on a site, such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work
beyond the stage of excavation or the placement of a
manufactured home on a foundation. Permanent
construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include
NO. 3591
excavation for a basement, footings, piers or foundations, or
the erection of temporary forms.
Not structurally connected means any construction
that is independently constructed and does not transfer
loads to the existing structure.
Repair means the patching, restoration and/or minor
replacement of materials, elements, components,
equipment and/or fixtures for the purposes of maintaining
such materials, elements, components, equipment and/or
fixtures in good or sound condition.
Start of construction (for other than new construction)
includes substantial improvements, and means the date the
building permit was issued, provided the actual start of
construction, repair, reconstruction, or improvement was
within one hundred eighty days of the permit date. The
actual start means the first placement of permanent
construction of a building on a site, such as the pouring of
slabs or footings, installation of piles, construction of
columns, or any work beyond the stage of excavation or
placement of a manufactured/mobile home on a
foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does
it include the installation of streets and/or walkways. For
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 a walled and roofed building that is
principally aboveground, a manufactured home, a gas or
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liquid storage tank, or other manmade facilities or
infrastructures.
Structurally connected means any construction that
would transfer loads to the existing structure.
Substantial damage means damage of any origin
sustained by a structure whereby the cost of restoring the
structure to its before damaged conditioned would equal or
exceed fifty percent of the market value of the structure
before the damage occurred.
Substantial Improvement means the total cost of
repairs, reconstruction, alteration, rehabilitation, addition,
or other improvements to a building (including electrical,
plumbing, heating, and air conditioning) taking place
during a twelve month period, which equals or exceeds fifty
percent of the market value of the structure. For the
purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the
external dimensions of the structure. The term does not,
however, include any project for improvement of a structure
required to comply with existing health, sanitary, or safety
code specifications which are solely necessary to assure
safe living conditions, or any alteration of a historic
structure.
Variance means a grant of relief to a person from the
requirements of this chapter which permits construction in
a manner otherwise prohibited by this chapter where
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specific enforcement would result in an exceptional
hardship.
Violation means the failure of a structure or other
development to be fully compliant with this chapter. A
structure or other development without the elevation
certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in
violation until such time as that documentation is provided.
VE Zone means an area inundated by 100 year
flooding with velocity hazard (wave action); base flood
elevations have been determined.
X Zone means an area that is determined to be
outside the 100 and 500 year floodplains.
SECTION 2. The City Code of the City of Fort Myers, Florida,
Sub -Part B, Land Development Code, Chapter 110, Flood Prevention and
Protection, Article H. Administration, Division 1. Generally,
Section 110-43 Variance authorization is hereby amended to read as
follows:
Sec. 110-43. Variance authorization.
The city council shall have the power to authorize,
upon appeal in specific cases, such variance from the terms
of this chapter as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of
the provisions of this chapter would result in an exceptional
hardship.
SECTION 3. The City Code of the City of Fort Myers, Florida,
Sub -Part B, Land Development Code, Chapter 110, Flood Prevention and
Protection, Article II. Administration, Division 3. Variances,
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Section 110-83 Issuance; limitations is hereby amended to read as
follows:
Sec. 110-83. Issuance; limitations.
(a) Variances shall not be issued within any
designated floodway if any increase in flood levels during
the base flood discharge would result.
(b) Variances shall not be granted after the fact.
(c) Upon consideration of all applicable factors,
and upon the purposes of this chapter, the city council may
attach such conditions and safeguards to the granting of
the variance as it deems necessary to further the purposes
of this chapter.
(d) Any applicant to whom a variance is granted
shall be given written notice over the signature of the
floodplain administrator. A copy of the notice shall be filed
in the official records books of the city. The notice shall
specify;
11) The difference between the required elevation
and the elevation to which the lowest floor is
to be built;
(2) The issuance of a variance to construct a
structure below the required elevation will
result in increased premium rates for flood
insurance up to amounts as high as $25.00
for $100.00 of insurance coverage; and
(3) Such construction below the required
elevation increases risk to life and property.
SECTION 4. The City Code of the City of Fort Myers, Florida,
Sub -Part B, Land Development Code, Chapter 110, Flood Prevention and
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Protection, Article II. Administration, Division 3. Variances,
Section 110-84 Appeals from council decision is hereby amended to read
as follows:
Sec. 110-84. Appeals from city council decision.
Any person aggrieved by any decision of the city
council under this division shall, within 30 days after the
decision of the city council, but not thereafter, seek review
by a court. Any person interested in appealing the decision
of the city council must ensure that a verbatim record of
the proceeding is made.
SECTION 5. The City Code of the City of Fort Myers, Florida,
Sub -Part B, Land Development Code, Chapter 110, Flood Prevention and
Protection, Article III. Flood Hazard Reduction, Section 110-122
substantial improvement and damaged structures is hereby amended to
read as follows:
Sec.110-122. Substantial improvement and
damaged structures.
(a) Substantially improved/damage buildings
must be elevated and otherwise brought into conformance
with the requirements for new construction.
(b) In any event, the costs shall include, without
limitation, labor and materials, mechanical, electrical, and
plumbing systems, cabinetry, finishes, demolition and any
other improvements that will be permanently affixed to the
structure, except for exterior decks and porches that are
not structurally connected.
(c) If the improvement project is conducted in
phases, the total of all costs associated with each phase,
beginning with issuance of the first permit, shall be utilized
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NO. 3591
to determine whether substantial improvement has
occurred. Interpretation and determination of substantial
improvements shall rely on applicable FEMA publications
and policy guidance.
(d) Rehabilitation, reconstructions, and
renovations. When an existing building is rehabilitated,
reconstructed, or renovated, with no or only minimal
additions, and the total improvement, costs meet the
definition of "substantial" (equals or exceeds 50 percent of
the value of the structure), the existing structure must be
elevated and otherwise brought into conformance with this
chapter.
(e) Lateral additions. When the substantial
improvement is a lateral addition to an existing structure,
only the addition is required to fully conform with the
standards of section 110-112, unless the addition is
structurally connected to the existing structure or the
common wall between the existing building and the
addition is substantially removed or improvements are
being made to the existing structure which, independently
form the addition, equal or exceed 50 percent of the value of
the structure. In such cases, the lateral addition is deemed
to constitute only part of a reconstruction or renovation,
and both the existing structure and the addition must fully
conform to this chapter.
(f) Vertical additions. When the substantial
improvement is a vertical addition to an existing structure,
the improvements is classified as a renovation or
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ORDINANCE NO. 3591
reconstruction, and the existing structure must be brought
into full conformance with this chapter.
(g) Calculating substantial improvement and
damage. The costs of the improvement shall be obtained
using the current edition of R.S. Means Building
Construction Cost Data.
SECTION 6. The City Code of the City of Fort Myers, Florida,
Sub -Part B, Land Development Code, Chapter 110, Flood Prevention and
Protection, Article III. Flood Hazard Reduction, Section 110-123 Critical
facilities is hereby created to read as follows:
Sec. 110-123. Critical facilities.
Construction of new critical facilities shall be, to the
extent possible, located outside the limits of the special
flood hazard area (SFHA), preferably outside the 0.2 percent
annual chance floodplain. Construction of new critical
facilities may be permissible within the SFHA if no feasible
alternative sites are available. Critical facilities constructed
within the SFHA shall have the lowest floor elevated two or
more feet above the level of the base flood elevation at the
site. Flood proofing and sealing measures must be taken to
ensure that toxic substances will not be displaced by or
released into floodwaters. Access routes elevated to or
above the level of the base flood elevation shall be provided
to all critical facilities to the extent possible.
Secs. 110-124--110-130. Reserved.
SECTION 7. SEVERABILITY. If for any reason, any section,
subsection, paragraph, sentence, clause or phrase of this ordinance shall
be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of
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the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance.
SECTION S. This ordinance shall become effective upon
adoption.
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PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 15th day of August, A.D., 2011.
p.m.
2011.
Aye L� Iti4A GtJ
Teresa Watkins Broz4n�
i
Aye
Johnny' W. Streets, Jr.
Aye
Aye
Aye
Forrest Banks I _ _ _ _ f,-
Thomas C. Leonardo
Council Members
APPROVED this 15th day of August, A.D., 2011, at 6:13 o'clock
Aye
0. �� .
Randall P. Henderson, .
Mayor
FILED in the Office of the City Clerk this 15th day of August, A.D.,
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i /Z �rrQ
Marie Adams, MMC
City Clerk