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Home My WebLink About22-018 7i0-nom / CWmZ= m ORDINANCE No. 2022-18 c ""m °mz FILE NO.: TLDC-2205-000014 8 83 goZr AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF m N p N B ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT N m CODE CHAPTER II, SECTION 2.00.00,DEFINITIONS,PERTAINING TO o FLOODPLAIN MANAGEMENT; AMENDING CHAPTER VI RESOURCE PROTECTION STANDARDS,SECTION 6.05.09 TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS AND TO SPECIFY ELEVATION REQUIREMENTS FOR MANUFACTURED 2 c HOMES IN FLOOD HAZARD AREAS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County Government,Florida Statutes,conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens;and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of unincorporated St. Lucie County and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards,disruption of commerce and governmental services,extraordinary public expenditures for flood protection and relief,and impairment of the tax base,all of which adversely affect the public health, safety and general welfare,and WHEREAS,the National Flood Insurance Program(NFIP)is a federally-subsidized flood damage insurance program administered by the Federal Emergency Management Agency enabling property owners in participating communities to purchase flood insurance in exchange for the community's adoption of floodplain management regulations to reduce future flood damages; and WHEREAS, St. Lucie County participates in the NFIP and participating communities floodplain management regulations must meet or exceed the minimum administrative and technical requirements in the NFIP regulations(44 CFR Part 59 and Part 60);and WHEREAS, St. Lucie County participates in the NFIP's Community Rating System (CRS), a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements and has achieved a CRS rating of CRS Class 6, making citizens who purchase NFIP flood insurance policies eligible for premium discounts; and ORDINANCE No.2022-18 FILE NO.:TLDC-2205-000014 Page 1 of 7 WHEREAS, a community accrues points to improve its CRS Class rating and receives increasingly higher discounts and St. Lucie County currently receives a of 20% based on a CRS Class 6 rating; and WHEREAS, in 2020 the NFIP CRS updated certain minimum prerequisites, including adopting a 1-foot freeboard for all residential buildings and manufactured homes, including machinery or equipment, requirement for communities to qualify for or maintain class ratings of Class 8 or better; and WHEREAS, to satisfy the prerequisite and for St. Lucie County to maintain the current CRS Class 6 rating, manufactured homes installed or replaced in special flood hazard areas must be elevated to or above at least the base flood elevation plus 1-foot, which necessitates modification of the existing requirements; and WHEREAS, the Federal Emergency Management Agency released, in February 2020, Policy #104-008-03 Floodplain Management Requirements for Agricultural Structures and Accessory Structures; and WHEREAS, the Florida Division of Emergency Management, Bureau of Mitigation, State Floodplain Management Office issued Florida Guidance for Non -elevated Wet Floodproofed Accessory Structures in Flood Hazard Areas in November 2021, based on the FEMA Policy; and WHEREAS, the St. Lucie County has determined it is appropriate to adopt regulations that are consistent with the FEMA Policy to allow issuance of permits for non -elevated wet floodproofed accessory structures that are not larger than the sizes specified in the FEMA Policy and State guidance; and WHEREAS, the St. Lucie County Board of County Commissioners determined that it is in the public interest to amend the floodplain management regulations to better protect manufactured homes and to continue participating in the CRS at the current class rating; and WHEREAS, on June 16, 2022, the Planning and Zoning Commission held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on June 3, 2022. The Planning and Zoning Commission recommended to the Board to approve the proposed text amendment to the St. Lucie County Land Development Code; and WHEREAS, on July 5, 2022, the Board of County Commissioners held its first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune; and WHEREAS, on July 19, 2022, the Board of County Commissioners held its second Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune; and WHEREAS, the Board has determined that the proposed amendments to the LDC are consistent with the general purpose, goals, objectives, and standards of the County's ORDINANCE No. 2022-18 FILE NO.: TLDC-2205-000014 Page 2 of 7 Comprehensive Plan, and are in the best interest of the health, safety, and public welfare of the citizens of the County. NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County Commissioners that the St. Lucie County Land Development is amended as set forth in the following amendments, as shown in strilethfough and underline format in Section 2, and Section 3. SECTION 1. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Ordinance. SECTION 2. This ordinance specifically amends St. Lucie County Land Development Code Section 2.00.00, Definitions, as follows: Words in strike thFeugh type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks (***) indicate existing text not shown. 3 am wh3t%-tr7crccJtx"_wcUi-iinii-cr�rcc�;rs �, r WINN •. IMMMM Market Value: As used in Section 6.05.00, Floodpllain Management, the „fiee at W- ie a rfepe fty will change hands illing buye and a willing seller-, lar, either paft , ho;b ,,rior this- ofdinanee, the termfefer-sto the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qtta4ified independe^+ appfaisef, is the Actual Cash Value (in -kind replacement cost depreciated for age, wear and tear, neglect and quality of construction), as determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser. ORDINANCE No. 2022-18 FILE NO.: TLDC-2205-000014 Page 3 of 7 SECTION 3. This ordinance specifically amends St. Lucie County Land Development Code Section 6.05.09 Flood Resistant Development, as follows: Words in StFike thFeUgh type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks (***) indicate existing text not shown. 6.05.09. Flood resistant development. A. Buildings and Structures. 1. Design and Construction of Buildings, Structures and Facilities Exemptfrom the Florida Building Code. Pursuant to Section 6.05.04(C) of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, 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 comply with the requirements of Section 6.05.09(G) of this ordinance. 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 also located, in whole or in part, in a flood hazard area: (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) Minor structures and non -habitable major structures as defined in F.S. § 161.54, shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. 3. Non -elevated accessory structures. Accessory structures are permitted below elevations required by the Florida Building Code provided the accessory structures are used only for parking or storage and: (a) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areasare one-story and not larger than 600 sq. ft. and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential. (b) If located in coastal high hazard areas (Zone V/VE), are not located below elevated buildings and are not larger than 100 sq. ft. (c) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (d) Have flood damage -resistant materials used below the base flood elevation plus one 1 foot. (e) Have mechanical plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot. ORDINANCE No. 2022-18 FILE NO.: TLDC-2205-000014 Page 4 of 7 D. Manufactured Homes. 1. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Limitations on Installation in Floodways and Coastal High Hazard Areas (Zone V). New installations of manufactured homes shall not be permitted in floodways and coastal high hazard areas (Zone V). 3. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (a) In flood hazard areas (Zone A) 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 ordinance. F^tmdations for m.,n f) eture r-eififofeed piers of other- foundation eleme +s of at leas! e . to + stre T+l, (b) 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 ordinance. 4. 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. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 5. Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas 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) or Section R322.3 (Zone V and Coastal A Zone). Manttfaetufed hemes t + are placed, «o„ laee.1 o substantially ; .l stall eomply with Section 6.05.09(D)(6) of 6.05.09(D)(7) of this efdinance, as . ti 05 namv7) f this dinane all manufaetufed homes tt + are placed, r-eplaCed, an existing manufaettffed home park or- subdivision; of (d) in an existing fnaftufaetured home park of subdivision upon whieh a fnanufaetttfed home has incurred s4division; (b) in a new manufactured home park E)r- subdivision; (e) i . WIte substarAW damn the result f'., flood,stall be elevated suet that the bottom of the f-ame is at of above the elevation ,« as applieableto the -El area, in the Florida Building Gode, ResidenAial Seetion R322.2 (Zone A) or- Seetion R322.3 (Zone V). 7. Elffation Requirement Ar Certain Existing AMHu etured Home Parks an fia ORDINANCE No. 2022-18 FILE NO.: TLDC-2205-000014 Page 5 of 7 impr-oved on sites located in an existing manufaetur-ed home park or- subdivision, unles-s on a site w-here substantial damage as r-estilt of flooding has occuffed, shall be elevateA stleh that either- the: (a) Boaom of the frame of the ma-aufaetur-ed home is at of above the elevatioii r-equife4,- as applieable to the flood hazard afea, in the Flofida Building Code, Residential Section c3'2 2 (Zoe A) of Section R3-22.3 (Zone -deof a4 least equivalent stf!ength that af!e not less than thifty six (36) inehes in heig44 above gfade-. 6. 8-. Enclosures. 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 applicable to the flood hazard area. 7. 9-. Utility Equipment. 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 flood hazard area. SECTION 4. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. SECTION 5. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. SECTION 6. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Department of State. SECTION 7. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon filing with the Department of State. SECTION 8. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intention. SECTION 9. ADOPTION. After motion and second, the vote on this ordinance was as follows: ORDINANCE No. 2022-18 FILE NO.: TLDC-2205-000014 Page 6 of 7 Chair Sean Mitchell Vice Chair Frannie Hutchinson Commissioner Linda Bartz Commissioner Chris Dzadovsky Commissioner Cathy Townsend PASSED AND DULY ADOPTED this 19th day of July, 2022. ATTEST: 44� Deputy Clerk IV co z m rG �� r cOGNtY, FLOR�9P ABSENT AYE AYE AYE AYE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA B Y. ce-C it APPROVED S TO FORM AND CORRECTNESS;, /1 iA n 1) ORDINANCE No. 2022-18 FILE NO.: TLDC-2205-000014 Page 7 of 7 RON DESANTIS CORD BYRD Governor Secretary of State August 2, 2022 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Michelle Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2022-18, which was filed in this office on August 1, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270