Commission Meeting

BOARD OF COMMISSIONERS TOWN OF REDINGTON SHORES REGULAR MEETING TUESDAY, OCTOBER 29, 2024 - 6:00 P.M. AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA E. APPEARANCES AND PRESENTATIONS 1. Chief Clint Belk, Madeira Beach Fire Rescue Update 2. Chief Bill Schobel, Seminole Fire Rescue Update 3. Chief Rick Swan, Indian Shores PD Update F. OLD BUSINESS G. NEW BUSINESS 1. Contract for Emergency Building Official Support Services – M.T. Causley, LLC (subsidiary of SAFEbuilt, LLC) 2. Contract for Debris Monitoring & Hauling for Hurricane Helene – Rostan Solutions LLC 3. Amended Contract for Debris Monitoring & Hauling for Hurricanes Helene and Milton – Rostan Solutions, LLC 4. Contract for Street Sweeping Services for Hurricanes Helene and Milton – USA Services of Florida, LLC 5. ORD 2024-05 Updating the Town Code Regarding Building Regulations Impacting Floodplain Management 1st Reading H. COMMISSION REPORTS 1. Mayor Hendrickson 2. Vice Mayor Commissioner Licata, District 4 3. Commissioner Schoos, District 3 4. Commissioner Hoyt, District 2 5. Commissioner Kapper, District 1 6. Town Attorney 7. Town Clerk 8. Town Administrator 9. Building Department 10. Public Works Department I. MISCELLANEOUS Regular Meeting - Wednesday, November 13, 2024 – 6:00 P.M. J. PUBLIC COMMENT (Items not previously discussed on this agenda.) K. ADJOURNMENT Pursuant to Florida Statutes § 286.0105, if any person or entity decides to appeal any decision made on any matter considered at any meeting or hearing of any Redington Shores Board or Commission, he, she or it will need a record of the proceedings and, for such purpose, he, she or it may need to ensure that a verbatim record of the proceedings is made, which record includes the legal arguments, testimony, and evidence upon which the appeal is to be based. ITEM G.1. ITEM G.2. ITEM G.3. ITEM G.4. ITEM G.5.  ORDINANCE NO. 2024-05 AN ORDINANCE OF THE TOWN OF REDINGTON SHORES, FLORIDA, AMENDING § 63-3, § 63-33 THROUGH § 63-39, § 63- 41 THROUGH § 63-42, § 63-44, § 63-52, AND § 63-66 OF THE TOWN CODE RELATED TO BUILDING REGULATIONS IMPACTING FLOODPLAIN MANAGEMENT; AND MAKING RELATED FINDINGS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Town of Redington Shores maintains is building code regulations in Chapter 63 of the Town Code; and WHEREAS, certain of those regulations are periodically reviewed by the Florida Department National Flood Insurance Program (NFIP) and its related Community Rating System (CRS); and WHEREAS, Florida Statutes Chapter 553 allows for local administrative and technical amendments to the Florida Building Code (FBC) that provide for more stringent requirements than those specified in the FBC and allows adoption of local administrative and local technical amendments to the FBC to implement the NFIP and acquire CRS incentives; and WHEREAS, FDEM staff have requested that the Town adopt the revisions to portions of the ; and WHEREAS, specifically, FDEM has requested that the Town adopt a requirement to limit the size of enclosures below elevated buildings for buildings and structures in flood hazard areas for the purpose of participating in the CRS, and has further requested that the Town format this requirement to coordinate with the FBC pursuant to Florida Statutes § 553.73(5); and WHEREAS, certain of the revisions in this Ordinance also correct dated references to an ordinance vs a specific portion of the code; and WHEREAS, the Town Building Official has reviewed the requested edits and advised the Commission that they will not meaningfully impact future development applications in the Town; and WHEREAS, the Town Commission has determined that it is in the public interest to adopt the proposed local technical amendments to the FBC, and that the amendments are not more stringent than necessary to address the need identified, do not discriminate against materials, products or construction techniques of demonstrated capabilities, and are in compliance with Florida Statutes § 553.73(4). NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Redington Shores, Florida, that: 1  Section 1. Sections 63-3, § 63-33 through § 63-39, § 63-41 through § 63-42, § 63-44, § 63-52, and § 63-66 of the Town Code of the Town of Redington Shores are hereby amended to read as follows: Sec. 63-3. Additional regulations. In addition to the Florida Building Code, the following regulations shall govern all construction in the town: A. It shall be the duty of every contractor or builder or subcontractor who shall make contracts for the erection or construction or repair of buildings for which a permit is required in the town to pay a license registration tax as provided in the general business tax ordinance of said town or any amendments thereto.1 Each contractor or builder shall register his or her name in a book provided for that purpose with the town clerk, giving full name, residence and place of business, contractor's license number, and shall furnish the town clerk with the name, residence and place of business of all his or her subcontractors. Failure of any contractor, builder or subcontractor to pay such registration tax shall be grounds for refusal to issue a permit or for revocation of an existing permit. B. Grading: (1) The legal established grade shall be the highest point of any street bounding the land to be filled, altered or built upon. (2) Anything in this Part 1 to the contrary notwithstanding, no property may be graded above the adjoining existing grade unless adequate drainage is provided to prevent flooding to the adjoining properties. C. Finished floor slabs shall be at least six inches above the legal established grade. D. Reserved. E. If the construction of electrical work, plumbing or drainage or the alteration thereof is to be made or executed by any other person than the owner of the land in fee, such person shall furnish a statement from the owner or power of attorney stating that he or she is duly authorized to have said work done by duly qualified contractors. F. Open area and accessory structures. (1) Definitions. "Storage shed" An accessory structure which is primarily for storage of items and shall not contain any plumbing or electric. (2) Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in the rear or side yard and except for the ordinary projections such as skylights, sills, belt courses, cornices and ornamental fixtures projecting not to exceed 24 inches. This requirement shall not prevent construction of fences, 2  ornamental coping design or ornamental shrubbery within landscape buffers and fencing guidelines. Roof overhangs in front and rear yards may extend up to 36 inches. (3) An accessory structure shall observe the setback regulations for the district in which it is located. An accessory structure shall not include cooking facilities, and no cooking or other preparation of food shall be allowed in any accessory structure. (4) No storage sheds, utility buildings, or lockers, etc. shall exceed ten feet in height, measured from grade to the highest point of the structure, or have a footprint on the ground exceeding 100 square feet. (5) Exceptions. Storage sheds located in the rear yards of non-water view lots shall only be required to have a rear setback of five feet from the property line. Any storage sheds that are existing as of the effective date of this Ordinance that otherwise meet the requirements of this exception shall be deemed compliant as to setback requirements. (6) All permit applications for accessory structures, storage sheds, utility buildings, and other substantially similar enclosed structures shall be accompanieds by a properly executed non-conversion agreement in a form prescribed by the town in recordable form and running with the land, to prevent such accessory structures from being used as residence or for other purposes not allowed herein. (7) No accessory structure of any type, including decks that are attached to the principal structure, are permitted to be built on the top of the roof of a single family or a duplex structure that leaves the undercarriage of the structure exposed. For the purpose of this subparagraph, a roof shall be defined as that element of a building that covers the top of a building as a wall covers the side of the building. Exceptions: (a) Accessory structures such as roof decks are permitted, providing the construction of the deck is in such a manner that the undercarriage of the structure is concealed with an exterior wall structure that maintains the continuity of the existing structure and meets all applicable building codes. (b) Other decks attached to the sides of a structure that meet all side, front and rear setbacks and meet all applicable building codes with an exposed undercarriage. (c) All plans for any such deck or structure are subject to site plan review. G. Wood-constructed, masonry or metal prefabricated utility rooms, sheds or lockers, etc., may be constructed within the confines of a carport or in storage areas under elevated principal structures where it is possible to place such items in those locations. Where such placement is not possible, they may be constructed as extensions of a principal structure or as a separate accessory structure. They shall be constructed in accordance with the following requirements: (1) Metal, wood or masonry sheds may be constructed near of the front line of the principal structure. All utility rooms or sheds erected or constructed in accordance with this subsection shall be placed and anchored on a concrete slab not less than three and one-half inches thick or be firmly fastened to the ground with no fewer than four anchors of the screw-auger type, having a five-eighths-inch shaft, six inches in 3  diameter and four feet long minimum, or the arrowhead type, deadman type or equivalent with a horizontal area of at least 28 square inches, not less than 38 inches below the surface of the ground. Any wooden beams or other wood that protrudes into or is adjacent to any ground or concrete shall be pressure-treated. (2) All utility rooms, etc., shall be placed in conformity to setback regulations for accessory structures, except that five-foot-minimum side setbacks may be reduced to two feet when such structures must be placed within such setbacks. No such structures shall exceed 100 square feet in area. This section shall not be construed to allow any storage shed, etc., to be placed within any existing setback from any seawall. H. In addition to all other requirements of the Pinellas Gulf Beaches Coastal Construction Code, Florida Building Code, all nonexpendable structures in windload zones 2 and 3 shall be designed to withstand one-hundred-thirty-mile-per-hour hurricane intensity windloads, as amended. I. The town adopts by reference the Pinellas County Drainage Regulations which require on- site management of stormwater runoff in a manner so that post-development condition rates do not exceed predevelopment conditions. (1) New developments and redevelopments shall use front, rear and side lot line swales. (2) New developments shall utilize erosion/runoff control devices during construction. (3) During the site plan review, the developer shall consider vegetation which strengthens seawall areas. (4) All new development must be consistent with the department of environmental regulation Chapter 17-312 F.A.C. Dredge and Fill, as amended. (5) Any new development must be consistent with Southwest Florida Water Management District Regulations 17-40D-4 and 17-40D-40, as amended. J. Local Amendments to the Florida Building Code, Building. (1) Amend Section 107.3.5 as follows: 107.3.5 Minimum plan review criteria for buildings. Commercial Buildings: Building 8. Structural requirements shall include: Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), flood damage-resistant materials. Residential (one- and two-family): 6. Structural requirements shall include: Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), equipment, and flood damage-resistant materials. (2) Amend Section 202 Definitions as follows: 4  SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure taking place during a one-year period, the cumulative cost of which equals or exceeds 49 percent of the market value of the structure before the improvement or repair is started. The period of accumulation begins when the first improvement or repair of each building is permitted subsequent to May 8, 2013. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that is the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. 3. Costs for repairs whose express purpose is to repair wind and flood damage to pre-damage condition, provided the costs of such measures, plus the cost of any other improvements and repairs undertaken at the same time, do not exceed 49 percent of the market value of the structure before the damage occurred. (3) Amend Section 1612 as follows: 1612.4.1 Modification of ASCE 24. Reserved. 1612.4.2 Modification of ASCE 24 (Coastal A Zone). Section 4.5.13 in ASCE 24 shall be modified as follows: 1. Paragraph 1 shall be modified: "In Coastal High Hazard Areas and Coastal A Zones, stem walls shall not be permitted." 2. Paragraph 2 shall be deleted. 1612.4.3 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or: 1. For residential buildings, the base flood elevation plus 3 feet, whichever is higher. 2. For nonresidential buildings, the base flood elevation plus 2 feet, whichever is higher. K. Local Amendments to the Florida Building Code. Existing Building. Amend Section 202 Definitions as follows: SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure taking place during a one (1)-year period, the cumulative cost of which equals or exceeds 49 percent of the market value of the structure before the improvement or repair is started. The period of accumulation begins when the first improvement or repair of each building is permitted subsequent to May 8. 2013. If the structure has sustained substantial damage, any repairs are 5  considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that is the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. 3. Costs for repairs whose express purpose is to repair wind and flood damage to pre-damage condition, provided the costs of such measures, plus the cost of any other improvements and repairs undertaken at the same time, do not exceed 49 percent of the market value of the structure before the damage occurred. L. Local Amendments to the Florida Building Code. Residential. (1) Amend Section R322.2 as follows: R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 3 feet mm), or the design flood elevation, whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 3 feet or not less than 5 feet if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 3 feet or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2. (2) Amend Section R322.3 as follows: R322.3.2 Elevation requirements. 1. Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be elevated so that the bottom of the lowest horizontal structure members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 3 feet or the design flood elevation, whichever is higher. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. 6  5. Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. R322.3.3 Foundations. Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. The space below the elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.4. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water-loading values used shall be those associated with the design flood. Wind-loading values shall be those required by this code. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Pile systems design and installation shall be certified in accordance with Section R322.3.6. Spread footing, mat, raft or other foundations that support columns shall not be permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave-velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24. Slabs, pools, pool decks and walkways shall be located and constructed to be structurally independent of buildings and structures and their foundations to prevent transfer of flood loads to the buildings and structures during conditions of flooding, scour or erosion from wave-velocity flow conditions, unless the buildings and structures and their foundations are designed to resist the additional flood load. (1) Non-conversion agreements. Applications for buildings with enclosures below the required elevation shall include signed declarations of land restrictions (non-conversion agreements), as defined in § 63-34 of part 2 of this code. The agreements shall be recorded in the official records books of the county as a restriction on future use of the property, and shall serve as a covenant running with the land. The agreement shall be recorded prior to issuance of the Certificate of Occupancy. (2) Substantial improvement. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term "Substantial Improvement" shall be as defined in § 63-34 of part 2 of this code. (3) Minimum building elevations. (a) The minimum elevation for residential buildings shall be the base flood elevation plus three (3) feet. (b) The minimum elevation for nonresidential buildings shall be the base flood elevation plus two (2) feet. (4) Coastal A Zones. (a) Buildings within the scope of the Florida Building Code, Building, that are located in Coastal A Zones shall not be permitted to be dry floodproofed and shall not be permitted to have backfilled stem wall foundations. (b) Dwellings within the scope of the Florida Building Code, Residential, that are located in Coastal A Zones shall not be permitted to have backfilled stem wall foundations. 7  (5) Limit enclosures below required elevations for buildings in flood hazard areas. The area enclosed below the required elevation for buildings in flood hazard areas shall be not more than two hundred and ninety-nine (299) square feet in area, unless enclosed by lattice or screening. Sec. 63-33. Terms. A. Terms defined in the Florida Building Code. Where terms are not defined in this part 2 ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. B. Terms not defined. Where terms are not defined in this part 2 ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Sec. 63-34. Definitions. Accessory structure. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. Appeal. A request for a review of the building official's interpretation of any provision of this part 2. 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 American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, § 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood." 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 FBC, B, § 1612.2.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, § 1612.2.] Building official. The officer or other designated authority charged with the administration and enforcement of the Florida Building Codes in the Town of Redington Shores. Coastal A Zone. Area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to 1½ feet (457 mm). The inland limit of the coastal A zone is (a) the limit of moderate wave action if delineated on a FIRM, or (b) designated by the authority having jurisdiction. Coastal construction control line. The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, 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 conditions. 8  Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a 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 facilities: Any facility that, if flooded or impacted by a natural disaster, would result in severe consequences to public health and safety. Critical facilities include, but are not limited to, hospitals, nursing homes, police stations, fire stations, emergency operation centers, chemical or hazardous materials storage facilities, and utility facilities. The term includes facilities that are assigned Flood Design Class 3 and Flood Design Class 4 pursuant to the Florida Building Code, Building. Declaration of Land Restriction (Non-conversion Acknowledgment). A form provided by the Floodplain Administrator to be signed by the owner and recorded in the official records books of the county as a restriction on future use of the property, and serving as a covenant running with the landon the property deed in official records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated buildings and structures. By executing the agreement, the owner agrees to periodic inspections. Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, § 1612.2.] (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. 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 of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. [Also defined in FBC, B, § 1612.2.] 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. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before May 7, 1971. [Also defined in FBC, B, § 1612.2.] Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, § 1612.2.] (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. 9  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, § 1612.2.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, § 1612.2.] (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. 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, § 1612.2.] 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 (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, § 1612.2.] Floodplain. Any normally dry land area that is susceptible to being inundated by waters of the one-percent annual chance flood, i.e., the one-hundred-year flood. Floodplain Administrator. The office or position designated and charged with the administration and enforcement of part 2 (may be referred to as the Floodplain Manager). 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 areas and that are determined to be compliant with this part 2ordinance. 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 Code, Plumbing; Florida Building Code, Fuel Gas. Freeboard. A level higher than the base flood elevation. It is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard compensates for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action or the hydrological effect of urbanization on the watershed. See also § Section 63-40A.(8). Functionally dependent use. A use which cannot perform its intended purpose unless it 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 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 prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. 10  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 of Map Change include: 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 of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR).: A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F).: A determination that a 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 community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR).: A formal review and comment 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 of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Limit of moderate wave action. Line shown on FIRMs to indicate the inland limit of the 1½-foot (457 mm) breaking wave height during the base flood. 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 of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, § 1612.2.] Market value. The value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction). The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this part 2, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. 11 Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. For purposes of this definition, the floodplain administrator who is responsible for making substantial improvement and substantial damage determinations may adjust the published tax assessment value of buildings to approximate market value only when the adjustment factor: is provided, in writing, by the county Property Appraiser, is a single factor, and is provided for a single use for specified individual buildings or, if intended for use for multiple buildings, the county Property Appraiser specifies the time period during which the factor is valid (e.g., three months). New construction. For the purposes of administration of part 2 and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after May 7, 1971, and includes any subsequent improvements to such structures. Park trailer. A transportable unit which has a body width not exceeding 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 fixtures and appliances. [Defined in 15C- 1.0101, F.A.C.] Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in F.S. § 320.01(1)(b).] (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. The term also includes areas shown on other flood hazard maps, if such maps are adopted by the Town of Redington Shores, or otherwise legally designated. [Also defined in FBC, B § 1612.2.] 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 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, and 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 of temporary forms or the installation of accessory buildings such as garages or sheds not 12 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 of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B § 1612.2.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 49 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B § 1612.2.] Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a one-year period, the cumulative cost of which equals or exceeds 49 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the one-year period begins on the date of the first improvement or repair of that building or structure subsequent to May 8, 2013. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. (3) Costs for repairs whose express purpose is to repair wind and flood damage to pre-damage condition provided the costs of such measures plus the cost of any other improvements and repairs undertaken at the same time, do not exceed 49 percent of the market value of the structure before the damage occurred. Variance. A grant of relief from the requirements of this part 2, 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 part 2 ordinance or the Florida Building Code. Sec. 63-35. General, title. These regulations shall be known as the floodplain management code (ordinance of the Town of Redington Shores, hereinafter also referred to as "this part 2." A. Scope. The provisions of this part 2 shall apply to all development that is wholly within or partially within any flood hazard area, including, but not limited to, the subdivision of land; 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 tanks; placement of recreational vehicles; installation of swimming pools; and any other development. B. Intent. The purposes of this part 2 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: 13  (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, section 59.22. C. Coordination with the Florida Building Code. This part 2 ordinance is intended to 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 by the Florida Building Code. D. Warning. The degree of flood protection required by this part 2 and the Florida Building Code, as amended by this community, is considered the 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 part 2 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 of Title 44 Code of Federal Regulations, § 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 Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this part 2ordinance. E. Disclaimer of Liability. This part 2 shall not create liability on the part of the Town of Redington Shores or any officer or employee thereof for any flood damage that results from reliance on this part 2 or any administrative decision lawfully made thereunder. Sec. 63-36. Applicability. A. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. B. Areas to which this part 2 applies. This part 2 shall apply to all flood hazard areas within the Town of Redington Shores, as established in section 63-36.C of this part. 14 C. Basis for establishing flood hazard areas. The Flood Insurance Study for Pinellas County, Florida and Incorporated Areas, dated August 2418, 202109, 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 of this part 2 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 Building Department, Town of Redington Shores, 17425 Gulf Boulevard, Redington Shores, Florida. D. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to section 63-40 of this part 2 the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this part 2 and, as applicable, the requirements of the Florida Building Code. (2) 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 the area from the special flood hazard area. E. Other laws. The provisions of this part 2 shall not be deemed to nullify any provisions of local, state or federal law. F. Abrogation and greater restrictions. This part 2 supersedes any ordinance in effect for management of development in flood hazard areas. However, it 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 part 2 ordinance and any other portion of the town codeordinance, the more restrictive shall govern. This part 2 shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this part 2. G. Interpretation. In the interpretation and application of this part 2, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 63-37. Powers and duties of floodplain administrator. A. Designation. The building official is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees. B. General. The floodplain administrator is authorized and directed to administer and enforce the provisions of this part 2. The floodplain administrator shall have the authority to render interpretations of this part 2 consistent with the intent and purpose of this part 2 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 15  specifically provided in this part 2 without the granting of a variance pursuant to article X of this part 2. C. Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this part 2; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (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 part 2 ordinance is demonstrated, or disapprove the same in the event of noncompliance; and (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 of this part 2. D. Substantial improvement 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 Administrator, in coordination with the Building Official, shall: (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 of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (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, together with a one year cumulative improvement valuation of previous additions or remodeling if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement"; and 16  (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 part 2 ordinance is required. E. Modifications of the strict application of the requirements of the Florida Building Code. 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 of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to article X of this part 2. F. 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 part 2. G. Inspections. The floodplain administrator shall make the required inspections as specified in section 63-41 of this part 2 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 of a permit, or if violations of permits or the requirements of this part 2 have occurred. 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 administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 63-37.D of this part 2; (2) Reserved; (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 elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code and this part 2 to determine that such certifications and documentations are complete; (5) Notify the Federal Emergency Management Agency when the corporate boundaries of Town of Redington Shores are modified; and (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." Sec. 63-38. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the town 17 clerk shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this part 2 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 repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this part 2; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this part 2 and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at Town of Redington Shores, town hall, 17425 Gulf Boulevard, Redington Shores, Florida upon official records request to the town clerk. Sec. 63-39. 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 part 2, 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 official if applicable, 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 part 2 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 part 2 ordinance for any development activities not subject to the requirements of the Florida Building Code, 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 permit or approval is required in addition to a building permit. C. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. § 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 are subject to the requirements of this part 2: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in F.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. § 366.02, which are directly involved in the generation, transmission, or distribution of 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 features. 18  (7) Family mausoleums not exceeding 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 of Corrections to any prisoner in the state correctional system. (9) Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps. D. Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) 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 definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in FBC, B, Sec. 105, and § 63-40 of this part 2. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the floodplain administrator. (8) For projects proposing to enclose areas under elevated buildings, include a signed Declaration of Land Restriction (Non-conversion Agreement) which : the agreement shall be recorded in the official records books of the county as a restriction on future use of the property, and which shall serve as a covenant running with the land. Such agreement shall be recorded with the property deed prior to issuance of the certificate of occupancy. E. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this part 2 shall not be construed to be a permit for, or approval of, any violation of this part 2, 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 of errors and omissions. F. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 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 if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this part 2 or any other ordinance, regulation or requirement of this community. 19 H. Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including, but not limited to, the following: (1) The Southwest Water Management District; F.S. § 373.036. (2) Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065, and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; F.S. § 161.141. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 161.055. (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; § 404 of the Clean Water Act. (6) Federal permits and approvals. Sec. 63-41. Inspections general. Development for which a floodplain development permit or approval is required shall be subject to inspection. A. Development other than buildings and structures. The building official shall inspect all development to determine compliance with the requirements of this part 2 and the conditions of issued floodplain development permits or approvals. B. Buildings, structures and facilities exempt from the Florida Building Code. The building official shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this part 2 and the conditions of issued floodplain development permits or approvals. (1) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the building official the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor. (2) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the building official 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 documentations shall be prepared as specified in § section 63-41.B(1) of this part 2. C.(3) Buildings and structures with enclosed areas below the lowest floor. When a declaration of land restriction (non-conversion agreement) has been executed, the building official is authorized to enter the lowest floor of a structure covered by such agreement or premises at 20  reasonable times to make an inspection to enforce the provisions of this part 2 and to inspect the exterior and interior of enclosed areas of the lowest floor to verify compliance, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. Such inspections will be conducted once each year. More frequent inspections may be conducted if a violation of an issued permit is identified on inspection. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. Where inspection of a structure would require an inspection warrant under Florida Statutes § 933.20 - § 933.30, such warrant must be secured prior to entry. Sec. 63-42. General. Pursuant to F.S. § 553.73(5), the special magistrate shall hear and decide on requests for appeals and requests for variances from the strict application of this part 2. Pursuant to F.S. § 553.73(5), the Special Magistrate 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. The Special Magistrate shall not have the power to issue variances to any requirement of the Florida Building Code, Building, § 3109 applicable seaward of the coastal construction control line. A. Appeals. The special magistrate shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforcement of this part 2. Any person aggrieved by the decision of special magistrate may appeal such decision to the Circuit Court, as provided by Florida Statutes. B. Limitations on authority to grant variances. The special magistrate shall base his decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 63-42.F of this part 2, the conditions of issuance set forth in section 63- 42.G of this part 2, and the comments and recommendations of the floodplain administrator and the building official. The special magistrate has the right to attach such conditions as it deems necessary to further the purposes and objectives of this part 2. C. Reserved. D. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a 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 character and 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. E. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this part 2ordinance, provided the variance meets the requirements of section 63-42 C, is the minimum necessary considering the flood hazard, and all due consideration 21  has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. F. Considerations for issuance of variances. In reviewing requests for variances, the special magistrate shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this part 2ordinance, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (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, electrical and water systems, streets and bridges. G. Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a 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 part 2 or the required elevation standards; (2) Determination by the special magistrate that: (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 to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; 22  (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If 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 $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. Sec. 63-44. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section § 63-3942.C. of this part 2, 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 article XVI of this part 2. Sec. 63-52. Limitations on sites in coastal high hazard areas (zone v) and coastal A zones. In coastal high hazard areas and coastal A zones, 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 if the engineering analysis required by section § 63-40 B3 A. of this part 2 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 § 63-68 E6.H. of this part 2. Sec. 63-66. 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 part 2 ordinance or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (3) Be constructed of flood damage-resistant materials; and (4) Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code 23  requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. B. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four inches. C. Decks and patios in coastal high hazard areas (Zone V) and coastal A zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and coastal A Zones decks and patios shall be located, designed, and constructed in compliance with the following: (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 buildings and structures. (3) A deck or patio that has a vertical thickness of more than 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 run-up and wave reflection that would increase damage to the building or structure or to adjacent elevated buildings and structures. (4) A deck or patio that has a vertical thickness of 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 run-up and wave reflection. D. Other development in coastal high hazard areas (Zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located 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 run-up and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: 24  (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (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 function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. E. Nonstructural fill in coastal high hazard areas (Zone V) and coastal A zones. In coastal high hazard areas and coastal A zones: (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 unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent buildings and structures. (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 run-up 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 of the building. Section 2. For purposes of codification of any existing section of the Redington Shores Town Code herein amended, words underlined represent additions to original text, words stricken are deletions from the original text, and words neither underlined nor stricken remain unchanged. Section 3. If any section, subsection, sentence, clause, provision, or word of this Ordinance is held unconstitutional or otherwise legally invalid, same shall be severable and the remainder of this Ordinance shall not be affected by such invalidity, such that any remainder of the Ordinance shall withstand any severed provision, as the Board of Commissioners would have adopted the Ordinance and its regulatory scheme even absent the invalid part. Section 4. The Codifier shall codify the substantive amendments to the Redington Shores Town Code contained in Section 1 of this Ordinance, and shall not codify the exordial clauses nor any other Sections of this Ordinance not designated for codification. 25  Section 5. Pursuant to Florida Statutes § 166.041(4)(a), prior to the date the public notice of the public hearing for this Ordinance was published, the Town prepared and posted on its website a business impact estimate which included: a) a summary of the Ordinance, a statement of the public purpose to be served by the Ordinance, b) an estimate of the direct economic impact of the Ordinance on private, for-profit businesses in the Town, c) an estimate of direct compliance costs that businesses may reasonably incur due to the Ordinance, d) identification of any new charge or fee on businesses created by the Ordinance or for which businesses will be financially responsible, e) an estimate of the Town cover such costs, and f) a good faith estimate of the number of businesses likely to be impacted by the Ordinance. Section 6. Pursuant to Florida Statutes § 166.041(4), this Ordinance shall take effect immediately upon adoption. ADOPTED ON FIRST READING on the ___ day of October, 2024, by the Board of Commissioners of the Town of Redington Shores, Florida. ADOPTED ON SECOND AND FINAL READING on the ___ day of November, 2024, by the Board of Commissioners of the Town of Redington Shores, Florida. _____________________________ Lisa Hendrickson, Mayor Attest: _________________________ Margaret Carey, Town Clerk 26