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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 ORDINANCE NO. 3591 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 2 ORDINANCE NO. 3591 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. K ORDINANCE NO. 3591 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 Gf ORDINANCE NO. 3591 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: 5 ORDINANCE NO. 3591 (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. 0 NO. 3591 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. 7 ORDINANCE NO. 3591 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 9 ORDINANCE NO. 3591 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 10 ORDINANCE NO. 3591 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, 11 ORDINANCE NO. 3591 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 12 ORDINANCE NO. 3591 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 13 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 14 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 15 ORDINANCE NO. 3591 the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION S. This ordinance shall become effective upon adoption. 16 ORDINANCE NO. 3591 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., 17 i /Z �rrQ Marie Adams, MMC City Clerk