MEXICOBEACH OKEDA CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 8, 2024 AT 9:00 A.M. PUBLIC WORKS BUILDING Mayor, Richard Wolff  Councilman, Jerry Smith Councilwoman, Linda Hamilton Tim Sloan, City Attorney  Councilman, Jason Adams Councilman, Tim Linderman Tammy Brunson, City Clerk  Mell Smigielski, Interim City Administrator  Thisi meeting willl bel lives streamed ont the City of Mexico Beach Government Facebook: page. Ifyoul have any questions or comments on the agenda, please email them up to 21 hours prior to the meeting at iv@mexicobeachlgov  I. II.  CALL' TOORDER INVOCATION  III. PLEDGEOF. ALLEGIANCE IV. ROLL CALL V.  CONSENT. AGENDA 1. Minutes - August 20, 2024 2. Minutes August 27.2024. VI. REGULAR AGENDA  1. Water Quality Report - Utilities Director, Garrett Garland 2. Ordinance 844 - Increase Sanitation Rates for FY25 (Second Reading) AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 836, ADJUSTING THE CURRENT RATES TO BE CHARGED FOR THE USE OF THE MUNICIPAL SANITATION SYSTEM, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND  PROVIDING FOR. ANI EFFECTIVE DATE.  a) Motion to Read Ordinance 844 (By Title Only)  b) Open Public Discussion ) Close Public Discussion d) Discussion at the Table Motion to. Adopt Ordinance 844    3. Ordinance 846- - Increase Water & Sewer Rates for FY25 (Second Reading) AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 817, ADJUSTING THE CURRENT RATES TO BE CHARGED FOR THE USE OF THE MUNICIPAL WATER/SEWER SYSTEM FOR THE SERVICE INSIDE AND OUTSIDE THE CITY LIMITS OF MEXICO BEACH, ALLOWING FOR SENIOR CITIZEN DISCOUNT AND VACANT LOT RATES, REPEALING ALLORDINANCES ANDI PARTS OF ORDINANCESIN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE  DATE.  a) Motion to Read Ordinance 846 (By Title Only)  b) Open Public Discussion Close Public Discussion d) Discussion at the Table Motion to. Adopt Ordinance 846  4. Ordinance 847 - Floodplain Requirements (Second Reading)  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE MEXICO BEACH LAND DEVELOPMENT CODE SECTION 4.05.00 FLOODPLAIN REQUIREMENTS; AND PROVIDING FOR APPLICABILITY, INCLUSION IN CODE, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, SCRIVENER'S ERRORS,  AND. AN EFFECTIVE DATE.  a) Motion to Read Ordinance 847 (By Title Only)  b) Open Public Discussion Close Public Discussion Discussion at the Table Motion to. Adopt Ordinance 847  5. Discussion - Boat Launch Dumpster IX. CITIZEN COMMENTS  1. Speaker must come to the podium and state name and city of residence  2. Comments are limited to: 3 minutes COUNCIL COMMENTS XI. STAFF COMMENTS XII. ADJOURNMENT  X.    Emailed to interested parties and posted on the city website on: 10/03/2024  Note: Copies oft the Agenda items are posted on the City's Website mexicobeachfl.ov This meeting willl be recorded *You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to any matter considered. You may: need to ensure that a verbatim record of thej proceedings isi made which may need to include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation att thist meeting because ofadisability or physical impairment should contact' Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior to the meeting. Ify you are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached at 1-800-955-8770(IDD  ont the website.    City of Mexico Beach TUESDAY AUGUST 20, 2024-5:00PM  Budget Workshop #3 Meeting Minutes  The City of Mexico Beach City Council held al budget workshop on Tuesday August 20, 2024, at 5:00 pm at the Public Works Building in Mexico Beach. Mayor Wolff and1 thet following Councilmembers were present: Linda Hamilton, Jerry Smith, Jason Adams and Tim Linderman.. Also present were Interim City Administrator, Mell Smigielski, City Clerk, Tammy Brunson and Adrian  Welle.  Call to order: Mayor Wolff called the meeting to order at! 5:00 pm.  II.  Regular Agenda: Mayor Wolff started off by stating this budget is based on lowering the millage rate from 5.9999 to 5.75. The way the budget sits now there isa deficit and that needs to be a surplus. Some suggestions to cut the deficit are to change the Ad' Valorem tax percentage from 95%1 to 100% which would make up part oft the deficit. Consensus was to base the budget on the 95% Ad Valorem Taxi income. After agreeing to remove the property purchases on 37th and 14th Street and taking the capital tems/grants/ransfers from the general fund they were still left with cutting additional funds. Council went through the general budget line items looking at what could be cut to make up the deficit. Mr. Smigilski stated this budget includes a 5% wage increase for all employees including the City Clerk, and an additional firefighter and utility worker position. If they want to add an additional deputy, it will be an additional $122,023.00. Council went through the general budget line by line to make cuts and then each department head went through line by line and talked about cuts that could be made in their budgets. Mr. Welle stated they were able to cut $84,390.00. With that being said, if the millage rate stayed at! 5.75 the Ad Valorem rate The changes will be made and brought back to the next budget workshop on Monday, August 26, 2024, at  would be at 98%. 6pm.  IX. Adjournment: Mr. Adams motioned to adjourn the meeting at 7:31 pm.  By:  Attest:  Mayor, Richard Wolff  City Clerk, Tammy Brunson    City of Mexico Beach Meeting Minutes TUESDAY AUGUST27,2024-600PM  The City of Mexico Beach City Council met in a regular meeting on Tuesday August 27, 2024, at 6:00 pm at the Public' Works Building in Mexico Beach. Mayor Wolff and thef following Councilmembers were present: Linda Hamilton, Jerry Smith, Jason Adams and Tim Linderman. Also present were Interim City Administrator, Mell Smigielski, City Clerk, Tammy Brunson and City  Attorney Tim Sloan. I. II.  Call to order: Mayor Wolff called the meeting to order at 6:00 pm.  Consent Agenda: Meeting minutes from both the. July 23, 2024, special and regular meetings, July 25, 2024, special and August 13, 2024, regular meetings were brought to the table. Meeting minutes were approved  unanimously. IV. Regular Business:  1. Task Order for Anchor CEI, Parker Park Amphitheater was brought to the table. Elizabeth Moore with Anchor CEI explained the task order and what it will cover. She was available for questions. Open public comment at 6:12 pm - Lisa Logan asked about the design and if it includes the Sweetwater project. Rock Kries asked ift there are still plans to filli in a portion of the canal. Closed public comment at 6:17 pm. Mrs. Hamilton motioned, and Mr. Smith seconded to approve at task order for $14,695.00 with Anchor CEI for the Parker Park Amphitheater. Motion passed with a 4to1 vote. No vote was Mr. Linderman. 2. Task Order for Anchor CEI, water tank aeration system was brought to thet table. Elizabeth Moore with Anchor CEI explained the task order and what it will cover. She was available for questions. Open public comment at 6:22 pm - No comments were made. Closed public comment at 6:22 pm. Mrs. Hamilton motioned, and Mr. Smith seconded to approve a task order for $10,275.00 with Anchor CEI for the water 3. Task Order for Anchor CEI, boat ramp expansion and repairs were brought to the table. Elizabeth Moore with Anchor CEI explained the task order and what it will cover. Several questions were asked about what exactly the expansion will include and who will be doing the engineering work. Open public comment at 6:28 pm - Rock Kries aski if the cityi is responsible for the repairs or is the St. Joe Company. Closed public comment at 6:29 pm. Mr. Linderman motioned, and Mrs. Hamilton seconded to table the task order to get 4. Boat slip covers on city owned slips was brought to the table. Harbor Chief Walker explained someone who put in a lift at a city owned slip would now like to coveri it. He explained it would work just like the lift with the exception that they would not get a break on slip rental. Open public comment at 6:47 pm = No public comment was made. Closed public comment at 6:47 pm. Mr. Adams motioned, and Mrs. Hamilton seconded to allow the renter to move forward with the process of covering the boat slip. Motion passed 5. Pier Extension was brought to the table. Mr. Smigielski explained the idea was to extend the new pier to 1500 feet. FEMA will only pay for the 8101 ft that was there prior to the storm, so the city would have to covert the additional cost. Open public comment at 6:59 pm. Rock Kries asked what happened to the original pier design. Closed public comment at 7:03 pm. Mr. Linderman motioned, and Mr. Adams seconded to remove thet funds for the pier extension from the FY24-25 budget and terminate the RFQ that was posted  tank aeration system. Motion passed unanimously.  clarification oft the project. Motion passed unanimously  unanimously  for the pier extension design. Motion passed unanimously.    City of Mexico Beach Meeting Minutes TUESDAY AUGUST27,204-60PM  IV. Regular Business Continued  6. City Administrator applicants' discussion. Mayor Wolff explained the top five applicants will be asked for background check authorization and three professional references. The remaining applicants will receivea a thank you for applying letter. Once background checks and references are cleared, interviews will be 7. Financial report- Mr. Smigielski went over the financial report and answered questions. 8. Projects List - Mr. Smigielski updated council on the projects going on int the city and answered questions.  scheduled.  V.  Citizen Comments: Gary Cox asked about drinking water quality and why we need a Finance Director. Richard and Kristy Bracken addressed council on a curbside recycling business they would like to start in the city. Rock Kries asked council to investigate charging residents a fee for al boat ramp permit. This will allow  money to be available for repairs if needed.  VI. Mayor Comments: VII. Council Comments: VIII. Staff Comments:  Mayor Wolff remined everyone that Music in the Park starts next week. door to door and the charging station at the Welcome Center.  Mr. Smith talked about a loaner program for life jackets at the boat ramp, an ordinance for peddlers going City Administrator- - Mr. Smigielski explained the boil water notice that will happen tomorrow. He stated the attempt to sell the old dredge has had no takers and they are currently working on other options. He asked for direction from Council oni if they wanted to continue to allow residential building in commercial zoning  districts.  City Attorney - Mr. Sloan had no additional comments.  XI. Adjournment: Mr. Adams and Mrs. Hamilton motioned to adjourn the meeting at 8:09 pm.  By:  Attest:  Mayor, Richard Wolff  City Clerk, Tammy Brunson    ORDINANCE 844  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 836, ADJUSTING THE CURRENT RATES TO BE CHARGED FOR THE USE OF THE MUNICIPAL SANITATION SYSTEM, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND  PROVIDING FOR AN EFFECTIVEI DATE.  WHEREAS, the City Council oft the Mexico Beach ("City") has determined that iti is int the best interests of NOW, THEREFORE, BEI ITORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO  the citizens ofl Mexico Beach that an ordinance amending Ordinance No. 8361 be enacted; and  BEACH, FLORIDA that:  SECTION 1: Section 5(b) of Ordinance No. 800 shall be amended to now read as follows:  Section 5(b): Schedule of] Fees and Charges- Monthly:  Residential Unit: Commercial: Dumpster:  $_35.03 $_51.29 $287.66 $115.50 $10.50  per residential unit per commercial unit per dumpster per pick up  Additional Pick-Ups Dumpster: Excessive Garbage Fee: Special Events Collection Rate  per additional can or equivalent  Fee TBDI Dumpster Rate  SECTION:2: All other provisions of Ordinance No. 836 other than Section 5(b) as mentioned above shall SECTION3: All other ordinances, parts of ordinances and resolutions in conflict herewith are hereby repealed.  remain in full force and effect.  SECTION 4: This ordinance shall take effect on October 1,2024.  PASSED, APPROVED. AND ADOPTED by the City Council oft the City of Mexico Beach, Florida this the  day of  2024.  THE CITY OF MEXICO BEACH Richard Wolff, Mayor  BY:  ATTEST:  Tammy Brunson, City Clerk    ORDINANCE 846  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 817, ADJUSTING THE CURRENT RATES TO BE CHARGED FOR THE USE OF THE MUNICIPAL WATER/SEWER SYSTEM FOR THE SERVICE INSIDE AND OUTSIDE THE CITY LIMITS OF MEXICO BEACH, ALLOWING FOR SENIOR CITIZEN DISCOUNT AND VACANT LOT RATES, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE  DATE.  WHEREAS, the City Council oft the Mexico Beach ("City") has determined that it is in the best interests oft the citizens of Mexico Beach that an ordinance amending Ordinance No. 8171 be enacted; and NOW,THEREFORE, BE: IT ORDAINED BYTHE CITY COUNCIL OF THE CITY  OF MEXICO BEACH, FLORIDA that:  SECTIONI 1.  CHARGE FOR WATER RATE. FOR WATER SERVICE  A. Any user of the services oft the water utility system shall pay therefore a monthly charge or rate as indicated by the appropriate category oft this section.  B. Residential Accounts: Rates 4"4,000 gallons 1"6,000 gallons Hydrant usage  Monthly  Basis  $40.63, excess $3.63 per 1,000 gallons $60.42, excess $3.63 per 1,000 gallons $_3.63, per 1,000 gallons  34"- irrigation meter $3.63 per 1,000 gallons. No sewer: fees will be charged on irrigation meters.  A utility tax willl be charged on all water usage in accordance with local law. C. Duplex dwellings or multi-family (MDS) on the same building site serviced by one service connection prior to the passage oft this ordinance, shall pay the minimum charge of$40.63 per unit in the structure. The base allowance will be 4,000 gallons for each unit in the building. All excess usage will be charged at the rate of $3.63 per  1,000 gallons. D. Commercial Accounts: Rates 1"6,000 gallons 1%" 9,000 gallons 2" 12,000 gallons 3" 18,000 gallons 4"24,000 gallons  Monthly  Basis  $ 60.42, excess $_3.63 per 1,000 gallons $ 84.41, excess $3.63 per 1,000 gallons $111.95, excess $ 3.63_p per 1,000 gallons $163.55, excess $_3.63 per 1,000 gallons $217.44, excess $_3.63.per 1,000 gallons  E. Temporary construction meters, (3/4") can be purchased by the customer upon request for construction purposes. The monthly rate will be $40.63 for 0-4,000 gallons/excess $3.63 per 1,000 gallons, not to exceed three (3) months unless approved by the City  Administrator.    F. Inactive accounts, excluding vacant lots, will be required to pay a base rate of$26.11. The inactive fee excludes the usage fee of$3.63 per 1,000 gallons and is the  customer's portion oft the debt and operation.  SECTION:2. CHARGE FOR RATE FOR SEWER SERVICE  A. Any user of the services ofthe sewer utility system shall pay therefore a monthly charge or rate as indicated by the appropriate category oft this section.  B. Residential Accounts: Base Monthly Charge: Volumetric Charge: C. Commercial Accounts: Base Monthly Charge: Volumetric Charge: Special Category Section  $_54.47 $_5.05 $_54.47 $_5.05  (4,000 gallons usage) excess per 1,000 gallons (4,000 gallons base usage) excess per 1,000 gallons  (I) ResaumamsyBaryEaternes  Seating Oto25 26to50 51to75 76to 100 101 to 125 $_171.10 126-150 151to 175 $_233.27 176-200 201 to 250 $_314.97 251 to300 $_369.44  Monthly Base Rate $_54.47 $_8 82.05 $_108.94 $_134.97 $_206.03 $_260.51  Base Usage 4,000 gallons 6,000 gallons 8,000 gallons 10,000 gallons 16,000 gallons 22,000 gallons 24,000 gallons 26,000 gallons 30,000 gallons 34,000 gallons  Above 300 Add$ 54.47 per 50 seats/Add 4,000 per 50 seats All restaurantsybarseatenies shall be charged $_5.05 per 1,000 gallons processed in excess of the establishment's base usage amounts. (2) Convenience Stores/Gasoline Stations Basic Monthly Charge: Volumetric Charge: Volumetric Charge: (4) Private Recreational Facility 10.01 Acres and above  $_163.40 (12,000 gallons base usage) 5.05 excess per 1,000 gallons  (3) Large Retail (12,000 Sq. Ft. & above)$ 217.87 (16,000 gallons base usage)  5.05 excess per 1,000 gallons  Upt to .50 acre ground coverage $_81.70 (6,000 gallons base usage) .51 to 10 acres ground coverage $_108.94 8,000 gallons base usage) (RV) sites:$ 15.89 per each hotel/motel room and) RV: site (Base usage =  $163.40 (12,000 gallons base usage)  (5) Hotel/Motel Rooms/Recreational Vehicle Monthly Base ratel $54.47x4,000)    (e.g. 10 rooms/RV sites: 10x13.00-5130.00 =2.63 x4,000 = 10,520 as the  base rate.)  D. Duplex dwellings or muti-family (MDS) on the same building site serviced by on service connection prior to passage of this ordinance shall pay the minimum of $54.47 for the first unit and $.54.47 per additional unit in the structure. All usage of the first 4,000 gallons willl have a volumetric charge of$_5.05 per thousand. E. Inactive accounts, excluding vacant lots, willl be required to pay a base rate of$_34.23. The inactive fee excludes the usage fee of$_5.05 per thousand gallons and is the  customer's portion of the debt and operation.  SECTION3. SECONDARY WATER METERWS FOR NON-SEWER CONNECTED  ACTIVITIES  A. There is no monthly minimum fee for the secondary meter; the secondary meter billing will reflect the monthly water consumption and all applicable taxes. SECTION4. USE OF THE MUNICIPAL WATER/SEWER SYSTEM OUTSIDE THE  CITY LIMITS  A. Where water and sewer are afforded a customer outside the city limits, the customer shall pay a monthly fee in accordance with the prevailing rate schedule plus a State law references: Limitation on rates charged consumers outside city limits,  surcharge of25 percent thereof.  F.S. 180.191.  SECTION5. SENIOR CITIZEN DISCOUNT FOR MONTHLY WATER/SEWER  CUSTOMERS  A. Any person that is a customer oft the City of Mexico Beach water/sewer system that qualifies for and receives homestead exemption pursuant to section 6(a), Article VII of the Florida Constitution, and who meets the following criteria will receive this 1. Must be a full-time, year-round resident of the City of Mexico Beach or our 2. Be at least 65 years of age as of October 1 oft the year to file. 3. Have a household adjusted gross income that does not exceed the limit announced (Household Adjusted Gross Income: The sum ofi income for all members oft the household. For the purposes of applying for this exemption, it is the adjusted gross income figure that is calculated and reported on the Federal Income Tax return ofall  discount:  service area.  by the State ofF Florida each January.  household members.)  B. Customers qualifying for this discount shall be charged the following:  (a) Water- $ 31.51 up to 4,000 gallons (b) Sewer- $_ 42.51 up to 4,000 gallons (c) All applicable taxes willl be included.    SECTION 6. VACANTLOTS  A. Customers with vacant lots will be charged the following rates:  (a) Water- $ 26.08  (b) Excess consumption charges shall be at the prevailing per thousand-gallon rate  (in excess of4,000 gallons) (c) All applicable taxes willl be included.  This section was effective April 1, 1997, when the City of Mexico Beach implemented this policy and discussed this waiver during a public meeting on January 23, 1997 and only applies to those customers paying base rates since. April 1, 1997 on vacant land. Customers that have vacant lots and pay the base rates without interruption will be exempt from paying Water and Sewer impact fees at the time of construction. Upon the sale oft the property, this waiver will pass to the new property owner(s) providing there is no  interruption in payment of fees. SECTION7. FUTURE AMENDMENTS SECTION 9. EFFECTIVE DATE  All subsequent amendments to this ordinance may be made by resolution.  This Ordinance shall become effective on October 1,2 2024.  SECTION 10. REPEAL  All Codes, Ordinances and/or Resolutions or parts of Codes, Ordinances and/or Resolutions in conflict herewith are hereby repealed to the extent of the conflict.  PASSED, APPROVED: AND. ADOPTED by the City Council ofthe City of Mexico Beach, Florida,  this day of  2024.  THE CITY OF MEXICO BEACH  BY:  RICHARD WOLFF, Mayor  ATTEST:  TAMMY BRUNSON City Clerk    ORDINANCE NO. 847  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE MEXICO BEACH LAND DEVELOPMENT CODE SECTION 4.05.00 FLOODPLAIN REQUIREMENTS; AND PROVIDING FOR APPLICABILITY, INCLUSION IN CODE, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, SCRIVENER'S ERRORS, AND 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;  WHEREAS, the City of Mexico Beach participates in the National Flood Insurance Program 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;  WHEREAS, the Federal Emergency Management Agency has revised and reissued the Flood Insurance Study for Bay County, Florida and Incorporated Areas, with an effective date of October 24, 2024, and the City Council determined that iti is in the public interest to amend Section 4.05.00 Floodplain Regulations to identify the effective date of the revised Flood Insurance Study  and Flood Insurance Rate Maps;  WHEREAS, Chapter 553, Florida Statutes, allows for local administrative and technical amendments to the Florida Building Code that provide for more stringent requirements than those specified in the Code and allows adoption of local administrative and local technical amendments to the Florida Building Code to implement the National Flood Insurance Program and incentives; WHEREAS, the City Council previously adopted local amendments to the Florida Building Code and is reformatting those amendments as part of the floodplain management regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of Mexico Beach that the  and  following amendments are hereby adopted.  SECTION 1. AMENDMENT OF SECTION 4.05.00 FLOODPLAIN REQUIREMENTS.  4.05.00 FLOODPLAIN REQUIREMENTS 4.05.01 ADMINISTRATION  A. TITLE.  These regulations shall be known as the floodplain management section of the city,  hereinafter referred to as "this chaptersection."  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 notl limited tot the: subdivision ofland; 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 ofcommerce, accessand publicservice during times 2. Require the use of appropriate construction practices in order to prevent or minimize 3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage ofe equipment orI materials, and other development which mayincrease flood damage 4. Manage the alteration off flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions ofthe floodplain; 5. Minimize damage to public cand private facilities and utilities; 6. Help maintain a stable tax base by providing for the sound use and development of 7. Minimize the need: for future expenditure ofpublicfunds for flood control projectsand 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.  off flooding; future flood damage; ore erosion potential;  flood hazard areas;  response to and recovery from flood events; and  D. COORDINATION WITH THE: FLORIDA BUILDING CODE.  This section is intended tol 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 byt the Florida Building Code. Ini the City of Mexico City,administration: ofthe flood provisions oft the Florida Building Code shall bel based on the flood hazard area established inj paragraph  Gofthis Section. E. WARNING.  The degree of flood protection required by this section and the Florida Building Code, as amended byt this community,is considered thei 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 ofTitle 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  2    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.A APPLICABILITY.  1. General. Where there is a conflict between a general requirement and a specific 2. Areas to which this section applies. This section shall apply to all flood hazard areas a: ays-pwM-saewphk-tne Flood Insurance Study for Bay County, Florida and incorporated areas dated ume-2,2009-Octoher. 24, 2024, 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 tofthis: 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 2410FMeNt-beae", b-The-Pest-Michaet-Adapted.PreHminary-00d-MaplerbayCeunty-predueed-by-the NorthwestPerida-WaterManagementDiSHEt,erasrevisetaneant-repestedte.the-NWWMD wehpeg-itp-fporlamhdpmaeapayterenceasapurtoFlNs section-and,where-sid-maps-how-mOR-resiRelivelive-base-Rogd-elewstien-and-mere restrietive-Heed-zome-designatiens-tHa-SHeWP-ORHRe-FePA-msurance-Rate-Maps-adepted -subparagraph-3a,te-mere-FesEstnelive-dFtne-base-log-eevaton-and-Hoed-zene designations-shal-preval-Upo-issuan-eFaleter-oF-Ha-Determinatien-by-FEMA establishingtheeffelectivedatelorrewisienstelaestuayanémapseednsasubpargraph3a, 4. Submisionofadaltiona. 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 bya Florida licensed professional surveyor or digital topography accepted by the community a. Arebelow the closest applicable base flood elevation, even in areas not delineated as as special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subjectt to the: requirements oft this section and, as applicable, the requirements oft the Florida 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 5. Otherlaws. Thej provisions oft this section shall notl be deemed to nullify any provisions  requirement, the specific requirement shall be applicable. within the City, as established in subparagraph 3. 3. Basis forestablishing flood hazard areas.  Flerida32410.  ssubparagrphsASnabeveide:  indicates that ground elevations:  Building Code.  the area from the special flood hazard area. oflocal, state or federal law.  3    6. Abrogation and greater restrictions. This section supersedes any ordinance in effect for management of development in flood hazard areas. However, iti 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. nterpretation. In thei interpretation and application ofthis section, all provisions shall  be:  a. Considered as minimum requirements;  b. Liberally construed in favor oft the governing body; and  I Deemed neither to limit nor repeal any other powers granted under state statutes. 1. Scope. Unless otherwise expressly stated, the following words and terms shall, for the 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 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 oft 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 ofwater during conditions ofthe  H. DEFINITIONS.  purposes oft this section, have the meanings shown in this section.  them in that code.  base flood.  APPEAL. A request for a review oft the Floodplain Administrator's interpretation of 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 BASE FLOOD. A flood having a one percent (1%) chance of being equaled or exceeded ina any given year. (Also defined in FBC, B, Section 202.) The base flood is commonly 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 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 oft thecommunitybay County, Florida, 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  any provision ofthis chaptersection.  American Society of Civil Engineers, Reston, Virginia.  referred to as the "100-year flood" or the "1% annual chance flood."  FBC, B, Section 202.)  conditions.  4    COASTAL HIGH HAZARD AREA. A special flood hazard area extending from offshore to the inland limit ofa 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. areas: (Also defined in FBC, B, Section 202.)  DESIGN FLOOD. The flood associated with the greater of the following two_(2) (a) Area with a floodplain subject to a one percent (1%) or greater chance of (b) Area designated as a flood hazard area on the community's flood hazard  flooding in any year; or designated.  map, except for the 0.2% (500-year) flood hazard area (shaded Zone X), or otherwise legally  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 oft the highest existing grade ofthe building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth numberi is not specified on thei 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 mayi impede oralterthe flow EXISTING BUILDING AND EXISTING STRUCTURE. Any buildings and structures for which the "start of construction" commenced before July 15,1977. (Also defined in FBC, 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 ofutilities, the construction of streets, and either final site grading ort the pouring ofconcrete 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 thej pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The federal agencythat, in addition to carrying out other functions, administers the National Flood Insurance  capacity of riverine flood hazard areas.  B, Section 202.)  pads) is completed before July 15, 1977.  Program.  5    FLOOD or FLOODING. A general and temporary condition of partial or complete (b) The unusual and rapid accumulation or runoff of surface waters from any 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 (a) The area within a floodplain subject to a one percent (1%) or greater chance (b) The two-tenths ofone 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 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, 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 (ifapplicable), the water surface elevations oft the base flood, FLOODPLAIN ADMINISTRATOR. The office or position designated and charged with the administration and enforcement of this section (may be referred to as the 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 FLOODWAY. The channel ofa 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, 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 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 FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless iti 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  inundation ofnormally dry land from: (Also defined in FBC, B, Section 202.)  (a) The overflow ofi inland or tidal waters.  source.  in FBC, B, Section 202.) off flooding in any. year.  map, or otherwise legally designated.  Section 202.)  and supporting technical data. (Also defined in FBC, B, Section 202.)  Floodplain Manager).  areas and that are determined to be compliant with this section.  Section 202.)  licensed engineer using standard engineering methods and models.  Code, Plumbing; Florida Building Code, Fuel Gas.  6    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 HISTORICSTRUCTURE Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, 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 (a)_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 ofa a property, or structure is not located in a special flood hazard show changes to flood zones, flood elevations, special flood hazard area boundaries and 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 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 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  prior to construction next to the proposed walls or foundation ofastructure.  Chapter 12 Historic Buildings. ofMap Change include:  area.  (b)_Letter of Map Revision (LOMR): A revision based on technical data that may (c)_Letter of Map Revision Based on Fill (LOMR-F)-LA determination that a  floodway delineations, and other planimetric features.  community's floodplain management regulations.  (d)_Conditional Letter ofMap Revision (CLOMR)-iA: formal review and comment  ofMap Revision may bei issued by FEMA to revise the effective FIRM.  frontal area of forty-five (45) square feet orl less, which is:  (a) Designed primarily for purposes of transportation of property or is a (b) Designed primarily for transportation of persons and has a capacity of more (C) Available with special features enabling off-street or off-highway operation 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 oft the non- elevation requirements of the Florida Building Code or ASCE 24. (Also defined in FBC, B,  derivation of such a vehicle, or than twelve (12) persons; or  and use.  Section 202.)  7    MANUFACTURED HOME. A structure, transportable in one_(1) or more sections, which is eight_(8) feet orI 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 notincludea" recreational vehicle" or "park trailer." (Also defined in 15C-1.0101, MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) MARKETVALUE. The riceatwhchaprepenywlehmgehanasbetweenawling bwyer-anda-wlingsele-melherpary-bemgumder-cercempasone-wy-er-sel-amd-beth havingreasemablekanwledgeofrelevatBes-ASUSERnetermrelerstothe market value ofbuildings and structures,excluding: thel land and otherimprovements: on the parcel. Market value may-De-estabHSRed-yagHaHnet-neependeneentappraiser, istheactual cash value n-kindreplacement cost depreciated for ge.wearandlesar.neglet. and quality of construction) determinedl Lbyaqualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the County_Property NEWCONSTRUCTION. For the purposes ofadministration ofthis chaptersection 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 NEWMANUFACTURED HOME PARKORSUEDIVISION. 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 PARKTRAILER. A transportable unit which has al 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 RECREATIONAL VEHICLE. A vehicle, including a park trailer, which is: (See F.S.S  F.A.C.)  ofl land divided into two_(2) or more manufactured home lots for rent or sale.  Appraiser.  subsequent improvements to such structures.  completed on ora after July 15, 1977.  fixtures and appliances. (Defined in F.S.$320.01.)  320.01.)  (a) Built on a single chassis;  (b) Four hundred (400)_square feet or less when measured at the largest (c) Designed to be self-propelled or permanently towable by a light-duty truck; (d) Designed primarily not for use as a permanent dwelling but as temporary SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds SPECIAL FLOOD HAZARD AREA. An area in the floodplain subject to a onepercent (1%) or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone. A, A0,A1-A30,AE,A99,AH,V1-V30, VEor V. (Also defined: in FBC, B Section  horizontal projection;  and  living quarters for recreational, camping, travel, or seasonal use.  landward oft the beach.  202.)  8    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 oft the date oft the issuance. The actual startofconstruction means either the first placementof) permanent construction ofal 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 oft temporary forms or the installation ofaccessory 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 ofal building, whether or not that alteration affects the external dimensions of the building. (Also defined in FBC, B 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 fiftypercent (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 ofthe structure before the damage occurred. (Also defined in FBC, B: Section SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition, or otheri improvement ofal building or structure taking place during aone_(1)-year period, the cumulative cost of which equals or exceeds fiftypercent (50%) of the market value of the building or structure before the improvement or repair is started. Fore 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. Ift the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, sanitary,orsafety code violations identified by thel building official and that are the minimum  Section 202.)  202.)  include either (also defined in FBC, B, Section 202.) necessary to assure safe living conditions.  (a) Any project fori improvement ofal building required to correct existing health, (b) Anyalteration ofal historics structure provided the alteration will not preclude VARIANCE. A grant of relief from the requirements of this chaptersection, 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 chaptersection or WATERCOURSE. A river, creek, stream, channel or other topographic feature in, on,  the structure's continued designation as a historic structure.  the Florida Building Code.  through, or over which water flows at least periodically.  4.05.02 DUTIES AND POWERS OF THE FLOODPLAIN: ADMINISTRATOR  A. DESIGNATION.  9    The City Administrator is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.  B. AUTHORIZATION.  The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this section. The Floodplain Administrator shall have the authority to render interpretations oft this section consistent with thei intent and purpose oft this section 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 section without the granting of a variance pursuant to Section  4.05.06.  C.A APPLICATIONS AND PERMITS.  The Floodplain Administrator, in coordination with other pertinent offices of the 1. Review applications: and plans to determine whether proposed new development twill 2. Review applications for modification of any existing development in flood hazard 3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination 5. Determine whetheradditional flood hazard data shall be obtained from other sources 6. Reviewa applications to determine whether proposed development will be reasonably 7. Issue floodplain development permits or approvals 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 section is demonstrated, or disapprove the same in the event of 8. 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 oft this chaptersection. D. SUBSTANTIALIMPROVEMENT 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 1. 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 oft the proposed work; in the case ofi repair, the market value  community, shall:  be located in flood hazard areas;  areas for compliance with the requirements oft this section; shall have the opportunity to appeal the interpretation; 4. Provide available flood elevation and flood hazard information;  or shall be developed by an applicant;  safe from flooding;  noncompliance; and  Administrator, in coordination with the Building Official, shall:  10    ofthe building ors structure shall be the market value before the damage occurred and before 2. 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 3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; for proposed work to repair damage caused by flooding, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of 'substantial damage" and the determination requires evaluation of precious permits issued forimprovements and repairs 4. 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 section is required. E. MODIFICATIONS OF THE STRICT APPLICATION OF THE REQUIREMENTS OF THE 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 ofthe Florida Building Code to determine whether such requests  any repairs are made;  applicable, to the market value ofthe building or structure;  as specified in the definition of"substantial improvement"; and  FLORIDA BUILDING CODE.  require the granting of a variance pursuant to Section 4.05.06.  F.N 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 section.  G. INSPECTIONS.  The Floodplain Administrator shall make the required inspections as specified in Section 4.05.05 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 ofaj permit.  H. OTHER DUTIES OF THE FLOODPLAIN ADMINISTRATOR.  The Floodplain Administrator shall have other duties, including but not limited to: 1. Establish, in coordination with the Building Official, procedures for administeringand documenting determinations of substantial improvement and substantial damage made 2. 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 Federal Emergency 3. 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 Flood Insurance Rate Maps if the analyses propose to change base flood  pursuant to Section 4.05.02, paragraph D.;  Management Agency (FEMA);  11    elevations, flood hazard area boundaries, or floodway designations; such submissions shall 4.1 Review required design certifications and documentation of elevations specified by this section and the Florida Building Code to determine that such certifications and 5. Notify the Federal Emergency Management. Agency when the corporate boundaries of 6. 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 Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and 'Otherwise Protected Areas."  be made within six_(6) months of such data becomingavailable;  documentation are complete;  the City of Mexico Beach are modified; and  .F 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 section and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repairofsubstantial damage; required design certifications and documentation ofe elevations specified by the Florida Building Code and this section; notifications to adjacent communities, FEMA, and the state related to alterations ohwaterouresassurinces 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 section and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public  inspection at City Hall by contacting the City Administrator.  4.05.03 PERMITS A. PERMITS REQUIRED.  Any owner or owner's authorized agent (hereinafter 'applicant") who intends to undertake any development activity within the scope of this section, 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 Officiali ifapplicable, 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 section and all other applicable codes and regulations has been  satisfied.  B. FLOODPLAIN DEVELOPMENT PERMITS OR APPROVALS.  Floodplain development permits or approvals shall be issued pursuant to this section for any development activities not subject to the requirements of the Florida Building Code,  12    including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development C. BUILDINGS, STRUCTURES AND FACILITIES EXEMPT FROM THE FLORIDA BUILDING Pursuant to the requirements of federal regulation forp participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development 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  permit or approval is required in addition to a building permit.  CODE.  are subject to the requirements ofthis section:  1. Railroads and ancillary facilities associated with the railroad. 2. Nonresidential farm buildings on farms, as provided in F.S. S 604.50. 3. Temporary buildings or sheds used exclusively for construction purposes. 4. Mobile or modular structures used as temporary offices. 5. Those structures or facilities of electric utilities, as defined in F.S. S 366.02, which are directly involved in the generation, transmission, or distribution ofe 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 7. Family mausoleums not exceeding two hundred fifty (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. 8. Temporary housing provided by the Department ofCorrections to any prisoneri in the 9. Structures identified in F.S. $553.73(10)0),: are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood  features.  state correctional system. Insurance Rate Maps.  D. APPLICATION FOR PERMIT OR. APPROVAL. application in writing on a form furnished by the community. 2. The information provided shall:  1. To obtain a floodplain development permit or approval the applicant shall first file an a. Identify and describe the development tol be covered by the permit or approval. b. 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 I Indicate the use and occupancy for which the proposed development is intended. d. Be accompanied by a site plan or construction documents as specified in Section  definitively locate the site.  4.05.04.  State the valuation oft the proposed work.  E Be signed by the applicant or the applicant's authorized agent.  Give such other data and information as required by the Floodplain Administrator.  13    E. VALIDITY OF PERMIT OR APPROVAL.  The issuance of a floodplain development permit or approval pursuant to this section shall not be construed to be a permit for, or approval of, any violation of this section, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction ofe errors and omissions.  F. EXPIRATION.  A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, ori if the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions for periods of not more than one hundred eighty (180) days each shall be requested in writing and justifiable cause shall be  demonstrated.  G. SUSPENSION OR REVOCATION.  The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval ift the permit was issued in error, on the basis ofincorrect, inaccurate or incomplete information, or in violation of this section or any other ordinance,  regulation or requirement of this community. H. OTHER PERMITS REQUIRED.  Floodplain development permits and building permits shall include a condition that all otherapplicablestate or federal permits be obtained before commencement oft the permitted 2. Florida Department of Health for onsite sewage treatment and disposal systems; F.S. 3. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the 4. Florida Department of Environmental Protection for activities subject to the Joint 5. 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;  development, including but not limited to the following:  1. The Northwest Florida Water Management District; F.S.S 373.036.  $381.0065 and Chapter 64E-6, F.A.C.  coastal construction control line; F.S. $161.041.  Coastal Permit; F.S.S1 161.055. Section 404 of the Clean Water Act. 6. Federal permits and approvals.  4.05.04 SITE PLANS AND CONSTRUCTION DOCUMENTS A. INFORMATION FOR DEVELOPMENT IN FLOOD HAZARD AREAS.  1. The site plan or construction documents for any development subject to the requirements oft this section shall be drawn to scale and shall include, as applicable to  the proposed development:  14    a. Delineation of flood hazard areas, 500-year floodplain boundary, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if b. Where base flood elevations or floodway data are notincluded on the FIRM ori in the Flood Insurance Study, they shall be established in accordance with Section Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five (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 4.05.04, paragraph. A. d. Location of the proposed activity and proposed structures, and locations of existing buildings and: structures; in coastal high hazard areas, new buildings shall e. Location, extent, amount, and proposed final grades of any filling, grading, or - Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose oft the fill areas; compensatory storage excavations, if required; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. Delineation of the Coastal Construction Control Line or notation that the site is h. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental E Existing and proposed alignment of any proposed alteration ofa a watercourse. 2. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data thata are required by this chaptersection but that are not required to be prepared by a registered design professional ifiti is found that the nature ofthe proposed development: is such that the review of such submissions is not necessary to B. INFORMATION IN FLOOD HAZARD AREAS WITHOUT BASE FLOOD ELEVATIONS Where flood hazard areas are delineated on the FIRM and base flood elevation data have not 1. Require the applicant to include base flood elevation data prepared in accordance 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 3. Where 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  necessary for review oft the proposed development.  4.05.04, paragraphs B. orC.  be located landward of the reach of mean high tide.  excavation.  seaward of the coastal construction control line, if applicable.  Protection.  ascertain compliance with this section. (APPROXIMATE ZONEA).  been provided, the Floodplain Administrator shall: with currently accepted engineering practices.  other source.  technically incorrect or otherwise inadequate:  15    a. Require the applicant to include base flood elevation data prepared in accordance 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 4. Where thel base flood elevation data are tol be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineerin: a format required by FEMA, and that it shalll be the responsibility ofthe applicant 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 engineer for submission with the site plan and 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed 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 4.05.04, paragraph D. and shall submit the Conditional Letter of Map Revision, ifissued by FEMA, with the site plan 2. For development activities proposed tol 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 3. For alteration ofa 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 FEMA as specified in 4. 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  with currently accepted engineering practices; or have been or may be greater than two (2) feet.  tos satisfy thes submittal requirements and pay the processing fees.  C.A Additional analyses and certifications.  construction documents:  and construction documents.  flood) hazard areas identified as Zone AO or Zone AH.  Section 4.05.04, paragraph D.  alteration will noti increase the potential for flood damage. D. 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 ofMap Change from FEMA to change the base flood elevations, change 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 engineerina  16    format required by FEMA. Submittal requirements and processing fees shall be the  responsibility oft the applicant. 4.05.05 INSPECTIONS A. GENERAL INSPECTIONS. subject to inspection.  Development for which a floodplain development permit or approval is required shall be  B. DEVELOPMENT OTHER' THAN BUILDINGS AND STRUCTURES.  The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this section and the conditions of issued floodplain development C.B BUILDINGS.STRUCTURES ANDI FACILITIES EXEMPT FROM' THEI FLORIDA BUILDING The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this section and the conditions ofi issued floodplain development permits or approvals.  permits or approvals. CODE.  D. LOWEST FLOOR INSPECTION.  Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner ofa a building. structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 1. Ifa design flood elevation was used to determine the required elevation oft thel lowest floor, the certification of elevation ofthel lowest floor prepared and sealed by a Florida 2. Ift the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 4.05.04, subparagraph B.3.b., the documentation of height of the lowest floor above highest adjacent grade, prepared  licensed professional surveyor; or  by the owner or the owner's authorized agent.  E.F FINAL INSPECTION.  As part oft 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 documentation shall be prepared as specified in Section 4.05.04,  paragraph D.  F. MANUFACTURED HOMES.  The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with thei requirements ofthis section 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 Floodplain  Administrator.  17    4.05.06 VARIANCES AND APPEALS  A. REQUESTS.  The City Council shall hearand decide on requests forappeals and requests for variances from the strict application of this section. Pursuant to F.S. $553.73(5), the City Council shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 oft the Florida Building Code, Building.  B. APPEALS.  The City Council shall hear and decide on appeals when iti is alleged there is an error: in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this section. Any person aggrieved by the decision may  appeal such decision to the Circuit Court, as provided by Florida Statutes. C. LIMITATIONS ON AUTHORITY TO GRANT VARIANCES.  The City Council shalll base its decisions on variances on technical justifications: submitted bya applicants, the considerations for issuance in paragraph G. oft this section, the conditions ofissuance set forth inj paragraph H. ofthis section, and the commentsand recommendations of the Floodplain Administrator and the Building Official. The City Council has the right to attach such conditions as it deems necessary to further the purposes and objectives of this  section.  D. RESTRICTIONS IN FLOODWAYS.  Avariance shall not bei issued forany proposed development: in a floodwayi ifanyincrease in base flood elevations would result, as evidenced by the applicable analyses and  certifications required in Section 4.05.04, paragraph C.  E. HISTORIC BUILDINGS.  Av variance is authorized to be issued for the repair, improvement, or rehabilitation ofa 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, 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 characterand 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, and rehabilitation shall be: subject to the requirements of the Florida Building  Code.  F. FUNCTIONALLY DEPENDENT USES.  A variance is authorized to be issued for the construction or substantial improvement necessary for the conductofal functionally dependent use,asdefinedi int this section, provided the variance meets the requirements of paragraph D. of this section is the minimum  18    necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence oft the base flood.  G. CONSIDERATIONS FOR ISSUANCE OF VARIANCES.  In reviewing requests for variances, the City Council shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, 1. The danger that materials and debris may be swept onto other lands resulting in 3. The susceptibility of the proposed development, including contents, to flood damage 4. The importance of the services provided by the proposed development to the 5. The availability of alternate locations for the proposed development that are subject 6. The compatibility of the proposed development with existing and anticipated 7. The relationship of the proposed development to the comprehensive plan and 8. The safety of access to the property in times of flooding for ordinary and emergency 9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, ifapplicable, expected at 10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas,  this section, and the following:  further injury or damage;  2. The danger to life and property due to flooding or erosion damage; and the effect ofs such damage on current and future owners;  community;  tolower risk offlooding or erosion;  development;  floodplain management program for the area;  vehicles; the site; and  electrical and water systems, streets and bridges. H. CONDITIONS FOR ISSUANCE OF VARIANCES. Variances shall bei issued only upon:  1. Submission by the applicant, ofa 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 section or the required elevation standards; a. 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; b. The granting of a variance will not result in increased flood heights, additional threats toj public: safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and The variance is the minimum necessary, considering the flood hazard, to afford  2. Determination by the City Council that:  ordinances; and relief;  19    3. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office oft the Clerk oft the Courtin such a manner that ita appears in the 4. Ift 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 resulting 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  chain oftitle of the affected parcel ofl land; and  property.  4.05.07 VIOLATIONS A. VIOLATIONS.  Any development that is not within the scope of the Florida Building Code but that is regulated by this section that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this section, shall be deemed a violation oft this section. A building or structure without the documentation of elevation oft the lowest floor, other required design certifications, or other evidence of compliance required by this section or the Florida Building Code is presumed to be a violation until such time as that  documentation is provided. B. AUTHORITY.  For development that is not within the scope of the Florida Building Code but that is regulated by this section 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.  C. 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 law.  4.05.08 FLOOD RESISTANT DEVELOPMENT A. BUILDINGS AND STRUCTURES.  1. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 4.05.03, paragraph C., buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings,  20    structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall 2. 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 a. 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. b.N Minor: structures and non-habitable major structures as defined in FS.9161.54,shal. be designed and constructed to comply with the intent and applicable provisions of  comply with the requirements of Section 4.05.14. also located, in whole or in part, in a flood hazard area:  this section and ASCE 24. B. CRITICAL FACILITIES.  New critical facilities shall, to the extent feasible, be located outside of the special flood hazard area and outside of the two-tenths of one percent (0.2%) (500-year) floodplain. If documentation is provided that feasible sites outside of the special flood hazard and outside oft the two-tenths of one percent (0.2%) (500-year) floodplain are not available that satisfy the objectives of a proposed critical facility, then the critical facility shall have the lowest floor or level of dry floodproofing at or above the base flood elevation plus three (3) feet,  whichever is higher.  C.FLORIDA BUILDING CODE, TECINICALAMENDMENTS  1. Repetitive flood damage. In the Florida Building Code, definitions for the term "Substantial Damage " shall be as defined in Section 4.05.01 paragraph H. 2. Cumulative substantial improvement. In the Florida Building Code.definitions for the term "Substantial Improvement" shall be as defined in Section 4.05.01 paragraph 3.N Minimum building elevations. For all buildings, the minimum elevations of floors. lowest floors, dryfloodproofingi measures.and lowesthorizontal structural members, (1)In flood hazard areas, the base flood elevation plus 1.5 feet or the design (2)In the 029(500-year.lood hazard areas (shaded Zone X).the elevation (3)Inareas outside of the flood hazard area and the 0.2% (500-year) flood 4. Enclosures below required elevations for dwellings in floor) hazard areas. Enclosed areas below the required elevation for one- and two-family dwellings and a.The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms except fors stainwells.ramps.and elevators.unless a partition  H.  asappropriate to the flood zone, shall be:  flood elevation.whichever. is higher. specified in Section 4.06.02.  hazard area, the elevation specified in Section 4.06.02.  townhouses in flood hazard areas shall be limited as follows:  isrequired by the fire code.  21    b. Where perimeter walls are permitted, the limitation on partitions does not apply to load bearing walls interior to perimeter wall crawspaelfoundations CAccess to enclosed areas shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the 5.E Enclosures below required elevations for buildings other than dwellings in floor hazard areas. Enclosed areas below the required elevation for buildings other than one- and two-family in flood hazard areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is  building (stairway or elevator).  required by the firecode.  C-Technicalamendmetstethe-eHerd2BuwldimgCete,Residental.  Medlity-Sectien-R3224yamendmgtne-elewimgsetions,wihal-ahanges-shewn-being relative-te-the-eFgma-Perda-Bulding-Cede-anguage-ratheF-than-any-Prer-technieal  amendmentbytheciy  R32221-FevatIen-requrements.  1-Pulaings-amd-stneanarw-induaimg-Reed-hasand-aras dagpnstedasCmsalA.asathveteiedtoorabove-thehae odelevatiomplus1S-et#572mmporthedesgallon-Aer: 2-l-areas-ofshalow-oodimgtAC-emebHaings-amt-strictures-shal-have-the ewest-OOFmeladimgbasementyelevatedea-eghtabovetme-mgnestaeadjaeentgrade-ot otlessthanthe-dptAnumberspeceed-P-eetmmyOPtReFIRM-PlSZeet610-mmyer 3-Basementeorsthatarebelewgrademallsidesshalbeelewatedtedteorabevebase leedelevatienpleettnedesighHeodelevatien-WAeheveris-higher: Exeeption-Bnelesedareas-belew-the-desgr-oodeewatiom,iméldimg-basements-with Heersthatare-nemetbelowgrade-malsites.SAal-meettmereq.irements-eFseeti0n-322.22 R322.22-Bnelesed-areas-below-desigi-oodeod-elevation-bneleset-areas-Ineluding-eraw: -Beusedselely-eyorparkimgolvehdesbulaimgaesessorstorge-Theinteriorpertion ofswchenclesedareareasshalnotbeparitionetorfimshedimteseparsiterreemsexeeptfo: stalirwels,ramps,andelevators.umlesseparitomisreg.redbytherecode-Thelimitation om-partitions-dees-metaPPsy-te-0a-pearimgwal5-mtenerte-permeterwalerawispaee) feundations-Acees-te-eneleses-areas-shalr-be-the-mimessay-t-aHow-for-the parkingofvehieles-tBage-deot)eFmiR-stege-cFmamtenane-q.upment-used-m cemmection-whthepremasestSndardexererdeerporentstetRebHHdngstairway-er  notlessthan--eet0220-mmfadepHPRubePiS-motspeceed:  paces/thatarebelewtnedesgHlesationshal:  elevater).  Remainderumehanged R32232Blevation-reguirements:  22    1-Buldngs-and-strwcheres-erected-wiR-casta-Nlhagard-areas-and-Ceastal-A Zones,shal-be-elevatee-se-thaE-tne-BOHO-OF-the-owestROFIRenta-SEPHeENembers swpportingthelowesteoRWHteeecepleneples-Plecaps-celmnsgradebeams and-braeing-is-eleselevated-eorabovetne-baselleoodeleyationp2-mmjoFthe  design-oodelevation,Wheheveris-higher.  2-Basementeorssthtarebelowgrdeomallsidesareprohibited. 3-TheuseoF#HOrstrcturasupportisprehbited:  4-Mner-gradnng-and-tneplacementermmeHHySha-De-permitted-er lamdseaping-and-ordraimsge-pwrpeses-umteramdaroum-auldimg-amd-er-swppert-et 5-Wallsamdpartitiensendesimgareasbelowthedesgn-odelevationshall-meetthe R3223--Walls-below-desgr-flesd-elevatn-Walare-permited-belew-the-elevated ootr-previded-thatsueh-walare-netpaRtOFtReENCHRI-sPPRLOFt-OFthe-buéing-es -Bectical-mechanmcalamdplamnimgsystem.emponemtsaremottobemountedener penetrate-threugAwalstmataredesignet-ebreakaway-umder-oed-0ad5kand -Are-designed-to-break-away-or-cemapse-witReHE-causingchapse,4isPlacement-or pther-structural-dal-damage-te-the-elevate-pertion-Ftne-bulding-oF-supperting oundation-syste-Sueh-waS,Famingand-onmectionsshaHAavearesistanceefnet ess-than-10-479-Pa)and-PeE-mOre-thaR-20-pounds-per-sqware-eet(958-Pa)-as Where-wind-oadingvaleseseFthis-eedeeseewced-Zu-pounespersquare-eet(958-Pa), as-determined-using-aHewable-stress-desigthe-censtruction-decuments-shall include-decumentatiompreparedandamdsealetbyaregistereddesgmprofessionalthate 4.The-wals-belewethedesgaloedelevation-havebendesgnedtee-ceHapsefrom a-waterleadlessthan-thatwhich-wouldeeeurdurmgthe-base-fleed. 2-Theelevatedpertioeebudingantsuppertmgloumdatiensysasystem-navebeen esignedtewihsiandthedtedsahwinaamdleslonaracingsimultaneeusty onstructuralandmonstensinctunalbulaimgeempeneNs-aterlaadimgvaluesused hal-be-those-asseeiatededwNHe-desgH-ea-Wamaadnmg-ahes-shal-be 5--Wals-ntendended-te-breakaway-anderHe0ed-0ae5a5speeHet-#-tem3oP-OF4-have-lleod R3223-5-Bnelesed-arasbelowihedesgloodelevaton-ndosedareasbelew-thedesign Reodelevation-shalseuseseleylerpanamgelvendehdes,suldmgactess-orsterage-Phe interiorpertion-eF-such-emdoetaressha-motbeparitoneeFfimshed-inte-separate reomsexeeptforstairvels-ramps,amdeleyators.tmessaparitonisrequied-bythe-fre cede-Acesste-eneleméesetareasshal-sethemimimum-mecesasy-tealow-oertheparkingot vehiclestgargedeerlorimiteasiersedfmaintemancergupmeRtusetincommeetionwith hepremises-fstandstandardewteriordoeporentyethebuldimgtsairwayorelevater). D.TECHNICAL-AMENDMENTSTO-THEFLORIDA-BUILDING-CODE,BUILDING:  angsaspodelspalasamiwawys HrmeisefsetemeAR2235  structureand:  -Areconstructedwihnsedsereingeropen-atieerer  etermined-simgalowablestrestress-designreF  these-requred-by-this-eede.  openings-thatmeettheerterasectien-R322-22,tem-.  23    Medily-secton-202-by-amendin-the-olowng4eHON5,Wi-alrchanges-shown-being relative-te-the-Orgma-Porda-Bulding-Gedede-anguage-ratneF-taP-aNy-Prier-techmea: SUBSTANTHALDAMAGB-Pamage-oFany-onSaIRet-yastFucture-wereby-the-cest trestorimgthebHHAgOFSEFAEtareteltpelorelore-damagetcondHORWedegequaroreweeed 50%eFthe-marketvaleoFthebudingorStrucurebelorethedamageoceurred.-Theterm also-inelades-foed-rehated-damege-sasusamet-ya-sN-we-separate-eceasiens duringaten-yearperodforwhctherostofrepairsathetimedfechsuehsueh-loedeventzon vege-eguasorecedaeAnAre-beforethe-damee SUBSTANTIALIMPROVEMENT-Any-cembmationotrepalfrecemstrueien-renabiiation, erationyaddtie,OPOtheFmmprovementoraPgOFStFSEPMEHre-tAHIEPa oneyearperied,thecumuaivecestofwhehegualisorexcedsoeofthemarketyalee: he-bHdngOrSErueture-berereteimprovementerrepairisstared-rereaeh-DHdinger structure,theoneyearperee-beginsetnedatedateeFnelstpermSSHEdOProvement errepairoflhatbulainste,06--Fhe-snaturehas maured-absanta-dagay-PEment egardlessoftheactualrepalrwonepeermed-Tnetemeradeesmolpowever,meludeelher (-Any-prejet-et-lor-improvemententeFa-bukdmgregR-o-crectecet-ewsting-health, sanitatyersaletycesevoationsidentebytehuNdmgolealamehataretheminimum )-Any-alterationofa-historesinuctureprowidehehealeraten-wi-nmotpreelude-the Medity-Section-1612lyadaimgtheiollewimgwihalehalehanges-how-being-relative-tethe oHgina-Porida-BHldigGede-anguageratnertAaNyPMOFRoFtechPicaramendment-by-tne Medity-Seetion-6124yaaimgthelelowing-wAalrahalehangesshow-benmgrelative-tethe origima-Perda-BuleimgCodelamgugeratherhan/pnortecnalamendmentbythe 161243-Additioma-reguirementsloreneesedaras-#aeone-Rerements-et ASCE24,enelesedareas-belowtithedesg-oedeleyatOnSnAed-ermished nte-separate-reemsesceptforstairwes,ampsamdeleaters,Hnesregured-by-thefre 1612-44-Bleyationregpuirement-nspeial-gseasaRtareseNepterthe-0.29-500- year)-H100d-nazareareas-tsnadet-omePtRCHRRURReNeVAton-requrements-SAa-be-as speiied-n-ASCE-2Phe-base-ondelewatiomplmm)-whichever-is higher-Seawardofthecastakconstnectioncentrelimethemiimumelevalevationreguirement shal-beasspeeied-mASCE24,Section3109,ePbullingsmeS4Ncresshal-beelevated se-thatthe-bettomHOFRelOwesEOFRORE-SEPNetare-membersSWPPOrtImgtRe-ewest"eer, With-theexeepton-FPHn8S-PHecaps,Chmnsa:SARd-PREI8-Slevated-te-er abevethe-base-leselleotelevatienpeettS)WAEReheverS-gher: E-TECHNICALAMENDMENISTOTAEFHORIDABUILDINCCODE,EXISFINGBUILDING:  menementbyeLIy  eccurred.  necessary-te-assuresale-vingcenditions.  structures-centinued-designation-asA-ASterestructure.  City:  City:  code:  24    Medp-Seeton-202-Wy-omendmg-theyelowp-4etons-wiral-changs-show-belng relative-te-the-ORe-ePgnA-Perda-BHdimg-code-language-ratneF-EAd-ANY-PHeF-technca: SUBSTANTAL-DAMAGE-FOF-the-Purpese-eF-determiRng-cempHance-With-the-Heed provisionsoFthiseedscode,damageofanyorginsusanebyastruclrewhewhereby-the-cestot resteringthebuldingorstricuretoisbelore-damsget-cendonwolad-egua-erexeeed 50%eFthe-marketvaleoFtnebHHAgOPSENEe-nenedamageereuFeeurred.-Theterm lso-inelades-foed-reatei-damage-ssme-ya-NcHP-oR-e-separate-ocasiens uringaten-yearperiodforwhehtesto'reparsattaetimecreehweodeventzon vege-egulsoressed:SKFHemseaPeebelere-hedamsge SUBSTANTIAL-MPROVEMENT-PoPthepurposeordeteminingcomphance-Withthelleed previsionseFthiscode,anycombmatiomdfrepalr.reenstPNtOR-eNARleration, addton,er-other-mprovementOFa-budingeP-SEFHCuPe-taNingplace-durnnga-ene-year periad-lhe-camuativeces-gaereed-sOaFle--masketwalweafie buléingoFStructuretrebefore-the-mprovementorrepairis-started-Foreeseh-bulding-es Strueture,the-ene-yearperied-beginsemtnedateeFtnestpeF#HE'SHEOFmprovement rrepairaftnthuinerantatewEy,N6-FHe-siweurehas incurred swbstanial-damag#-awy-pai-are-omsitea-swbstantal-imprevement regardlesseftheactualrepairwerkpeiemmed-Pmetermdesmo-owever,-meldeelther -Any-prejet-or-mprovemet-OFa-buldimgregre-te-crect-ewisting-heal., sanitaryorsaletyeesevioationsdentelytmebaldingolealamehataretheminimum t)-Any-alteration-GF-SIORESERNCuRePrewaettNealeraten-Re  mendmentby-#eCieN  eccurred.  necessary-te-asstresale-ivingCOndHOnS.  structure'scontinued-designationasa-AStOPe.  4.05.09 SUBDIVISIONS A. MINIMUM REQUIREMENTS.  Subdivision proposals, including proposals for manufactured home parks and 1. Such proposals are consistent with the need to minimize flood damage and will be 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; 3. 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  subdivisions, shall be reviewed to determine that: reasonably safe from flooding;  and  from proposed structures. B. SUBDIVISION PLATS.  Where any portion of proposed subdivisions, including manufactured home parks and  subdivisions, lies within a flood hazard area, the following shall be required:  25    1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; 2. Where the subdivision has more than fifty(50) lots ori is larger than five_(5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 4.05.04, subparagraph B.1.; and 3. Compliance with the site improvement and utilities requirements of Section 4.05.10.  4.05.10 SITEI IMPROVEMENTS, UTILITIES AND LIMITATIONS  A. NEW DEVELOPMENT.  All proposed new development shall be reviewed to determine that:  1. Such proposals are consistent with the need to minimize flood damage and will be 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shalll bej provided to guide floodwaters around and away  reasonably safe from flooding;  and  from proposed structures. B. 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 shalll 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. C. WATERSUPPLY 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. D. LIMITATIONS ON SITES IN REGULATORY FLOODWAYS.  No development; including butnotl limited to site improvements, and land disturbingactivity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 4.05.04, subparagraph C.1. demonstrates that the proposed development or land disturbing activity will not result in  any increase in the base flood elevation. E. LIMITATIONS ON PLACEMENT OF FILL. Subject to the limitations of this chaptersection:  1. Fills shall be designed tol be stable under conditions of flooding including rapid riseand rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related  erosion and scour.  26    2. Ifi intended to support buildings and structures (Zone A/AE only), fill shall comply 3. Compensatory storage (excavation) shall be provided based on a volume for volume basis when fill is placed in flood hazard areas landward of the coastal construction control line, including two-tenths ofone percent (0.2%) (500-year) flood hazard areas (shaded Zone X), above the normal high groundwater table elevation and below the base flood elevation. The first twelve (12)_inches of fill placed above the historic, natural elevation oft thej parcel is exempt from this requirement. In addition, the fill contained within a stem wall foundation built in compliance with the Florida Building Code is exempt from this requirement. The Floodplain Administrator may reduce or waive the compensatory fill requirement based on site specific conditions and local drainage that demonstrate that the development will have no more than a minimal effect on floodwater storage and will not divert floodwaters onto  with the requirements of the Florida Building Code.  adjacent property.  F. LIMITATIONS ON SITES IN COASTAL HIGH HAZARD AREAS (ZONEV).  In coastal high 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 ift the engineering analysis required by Section 4.05.04, subparagraph C.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 4.05.14, subparagraph H.3.  4.05.11 MANUFACTURED HOMES  A. INSTALLATION.  All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. S 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this section. Ifl located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of  the applicable requirements.  B. LIMITATIONS ON INSTALLATION IN FLOODWAYS.  New installations of manufactured homes shall not be permitted in floodways.  .F FOUNDATIONS.  All new manufactured homes and replacement manufactured homes installed in flood 1. In flood hazard areas (Zone A/AE) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this chaptersection. Foundations for manufactured homes subject to paragraph G. of this section are permitted to be reinforced piers or 2. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this  hazard areas shall be installed on permanent, reinforced foundations that:  other foundation elements of at least equivalent strength.  chaptersection.  27    D. 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. Methodso ofanchoringinclude, but are not limited to, useofover-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and  local anchoring requirements for wind resistance.  E. ELEVATION.  Manufactured homes that are placed, replaced, or substantially improved shall comply  with paragraph F. or paragraph G. ofthis section, as applicable.  F.G GENERAL ELEVATION REQUIREMENT.  Unless subject to the requirements of paragraph G. of this section, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside ofa 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 existingmanufactured home park or subdivision upon which ai 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 Section R322.2 (Zone A/AE) or Section R322.3 G. ELEVATION REQUIREMENT FOR CERTAIN EXISTING MANUFACTURED HOME Manufactured homes that are not subject to paragraph F. of this section, 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: 1. 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 Section 2. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than forty-eight (48) inches in height above Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such enclosed areas, as 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 Section R322, as applicable to the  (Zone V).  PARKS AND SUBDIVISIONS.  R322.2 (Zone. A/AE) or Section R322.3 (Zone V); or  grade. H. Enclosures.  applicable to the flood hazard area. LU Utility equipment.  flood hazard area.  28    4.05.12 RECREATIONAL VEHICLES. AND PARK TRAILERS  A. TEMPORARY PLACEMENT.  Recreational vehicles and park trailers placed temporarily in flood hazard areas shall havea plan for removal in case of a threat at least four (4) hours prior to the arrival of the threat 1. Be on the site for fewer than one hundred eighty (180) consecutive days; or 2. 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  and shall:  such as additions, rooms, stairs, decks and porches.  B. LIMITATIONS ON PLACEMENT IN COASTAL HIGH HAZARD AREAS (ZONE V). Limitations on placement in coastal high hazard areas (Zone V). New placement of recreational vehicles shall not be permitted in coastal high hazard areas (Zone V).  C.P PERMANENT PLACEMENT. manufactured homes. 4.05.13 TANKS  Recreational vehicles and park trailers that do not meet the limitations in paragraph B. oft this section for temporary placement shall meet the requirements of Section 4.05.11 for  A. 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 ofthe design flood,including the effects of buoyancy assuming the tank is empty.  B. ABOVE-GROUND TANKS, NOT ELEVATED.  Above-ground tanks that do not meet the elevation requirements of paragraph C. oft this 1. Bej permitted in flood hazard areas (Zone A/AE) other than coastal high hazard areas, provided the tanksareanchored or otherwise designed and constructed toj prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects ofbuoyancy assuming the tank is empty  section shall:  and the effects of flood-borne debris. C.A ABOVE-GROUND TANKS, ELEVATED.  2. Not be permitted in coastal high hazard areas (Zone V).  Above-ground tanks in flood hazard areas shall be attached to and elevated to ora 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 oft the applicable flood hazard area.  29    D. TANKS INLETS. AND VENTS.  Tanki inlets, fill openings, outlets and vents shall be:  1. At orabove 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 2. Anchored to prevent lateral movement resulting from hydrodynamicand hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.  design flood; and  4.05.14 OTHER DEVELOPMENT  A. 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 section or the Florida Building Code, 2. Meet the limitations of Section 4.05.10, paragraph D. if located in a regulated 3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions oft the design 5. 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 ofthe electrical part ofbuilding  shall:  1. Be located and constructed to minimize flood damage;  floodway; flood;  4. Bec constructed of flood damage-resistant materials; and  code for wet locations.  B. FENCES IN REGULATED FLOODWAYS.  Fencesi inr regulated floodways that have the potential tol block the passage off floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 4.05.10, C. RETAINING WALLS, SIDEWALKS AND DRIVEWAYS IN REGULATED FLOODWAYS. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 4.05.10, paragraph D. D. ROADS AND WATERCOURSE CROSSINGS IN REGULATED FLOODWAYS.  paragraph D.  Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one (1) side ofa watercourse to the other side, that encroach into regulated floodways shall meet thel limitations of Section 4.05.10, paragraph D. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 4.05.04, subparagraph C.3.  E. CONCRETE SLABS.  In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or  30    adjacent to buildings and structures provided the concrete slabs are designed and 1. Structurallyi independent oft the foundation system oft thel building or structure; 2. Frangible and not reinforced, sO as to minimize debris during flooding that is capable  constructed tol be:  of causing significant damage to any structure; and 3. Have a maximum slab thickness of not more than four (4) inches. F. DECKS AND PATIOS IN COASTAL HIGH HAZARD AREAS (ZONE V).  Ina addition to the requirements oft the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the 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. 2. 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 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 wavei reflection that would increase damage to the building or structure or to adjacent 4. Adeck 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  following:  buildings and structures.  buildings and structures.  and wave: reflection.  G. OTHER DEVELOPMENT IN COASTAL HIGH HAZARD AREAS (ZONEV).  Inc coastal high hazard areas, development activities other than buildings and structures shalll be permitted only ifalso authorized by the appropriate federal, state or local authority; iflocated 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 1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control  are not limited to:  structures;  31    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 3. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled  function to avoid obstruction of floodwaters; and  systems or mound systems. In coastal high hazard areas:  H. NONSTRUCTURAL FILLI IN COASTAL HIGH HAZARD AREAS (ZONEV V).  1. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. 2. Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to five (5) units horizontal shall be permitted only ifa 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 adjacent buildings 3. 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 ofthe building.  and structures.  SECTION 2. APPLICABILITY.  For the purposes of jurisdictional applicability, this ordinance shall apply in City of Mexico Beach. This ordinance shall apply to all applications for development submitted on or  after the effective date of this ordinance.  SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES.  Itis the intent of the City Council that the provisions of this ordinance shall become and be made a part of the Mexico Beach Land Development Code, and that the sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article,' . "regulation," or such other appropriate word or phrase in  order to accomplish such intentions.  SECTION 4. REPEAL OF CONFLICTING PROVISIONS.  All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent  of the conflict.  SECTION 5. SEVERABILITY.  32    Ifany section, subsection, sentence, clause or phrase ofthis 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. SCRIVENER'S ERRORS.  The City Attorney may correct any scrivener's errors found in this Ordinance, without public hearing, by filing a corrected copy of the Ordinance with the Clerk. A scrivener's error may not include an amendment that changes the context or meaning of the  Ordinance.  SECTION 7. ORDINANCE TO BE LIBERALLY CONSTRUED.  This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare.  SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately.  PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council  of the City of Mexico Beach, Florida, this 8th day of October, 2024.  CITY OF MEXICO BEACH  Richard Wolff, Mayor  ATTEST:  Tammy Brunson, City Clerk  *In this Ordinance, language added to an existing section is printed in underscored type, and language deleted is printed in SHuckthreugh-ype.  33