5-111.1. Purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public losses due to flood conditions in specific areas by provisions designed to:
5-111.1.1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards or which result in dam- aging increases in erosion or flood heights or velocities;
5-111.1.2.Require that uses vulnerable to floods, including facilities that serve such uses, be pro- tected against flood damage, at the initial con- struction;
5-111.1.3. Control the alteration of natural floodplains, stream channels and natural protec- tive barriers that are involved in the accommoda- tion of floodwaters;
5-111.1.4.Control fillings, grading, dredging and other development which may increase erosion or flood damage; and
5-111.1.5.Prevent or regulate the construction of flood barriers which will unnaturally divert flood- waters or which may increase flood hazards to other lands.
(Ord. No. 2009-27, § 3, 2-19-09)
5-111.2. Objective.
The objectives of this chapter are:
5-111.2.1.To protect human life and health;
5-111.2.2.To minimize expenditure of public money for costly flood control projects;
5-111.2.3. To minimize the need for rescue and relief efforts associated with flooding and gener- ally undertaken at the expense of the general public;
5-111.2.4. To minimize prolonged business inter- ruptions;
5-111.2.5.To minimize damage to public facilities and utilities such as water and gas mains, elec- tric, telephone and sewer lines, streets and bridges located in floodplains;
5-111.2.6. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas: and
5-111.2.7. To ensure that potential homebuyers are notified that property is in a flood area. (Ord. No. 2009-27, § 3, 2-19-09)
5-111.3. Definitions.
Unless specifically defined below, words or phases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
Addition (to an existing building).Any walled and roofed expansion to the perimeter of a build- ing in which the addition is connected by a common load bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.
Administrator.The federal insurance adminis- trator, to whom the secretary of HUD has dele- gated the administration of the program (34FR2680-81, February 27, 1969, as amended 39FR2787, January 24, 1974).
Alteration.The physical changing of the exist- ing floor plan of a building. This change includes building, mechanical, plumbing and electrical com- ponents.
Appeal. A request for a review of the flood damage control administrator's interpretation of any provision of this article or a request for a variance.
Appraised value. For the purposes of this sec- tion, appraised value is defined as either (1) one hundred twenty (120) percent of the assessed value of the structure as indicated by the Hillsborough County Property Appraiser's Office or (2) the value as indicated in a certified ap- praisal from an appraiser.
Area of shallow flooding. A designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredict- able and indeterminate, and where velocity flow may be evident.
Area of special flood hazard. The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.
Base flood elevation (BFE).The elevation shown in the flood insurance study (FIS) or on the flood insurance rate map that indicates the water sur- face elevation resulting from a flood that has a one (1) percent chance of equaling or exceeding the one-percent probability flood elevation in any given year. For purposes of the National Flood Insurance Program, the base flood elevation is referenced above mean sea level, which is either based on the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum of 1988.
Basement.That portion of a building having its floor subgrade (below ground level) on all sides.
Breakaway wall.A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without caus- ing damage to the elevated portion of the building or the supporting foundation system.
Building.Any structure built for support, shel- ter or enclosure for any occupancy or storage.
City.The City of Tampa.
Coastal high hazard area.The area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone VI 30, VE or V.
Cost of construction. For the purpose of this section, the cost of construction can be (1) a cost breakdown that includes the contracted price charged by a contractor to the owner, or (2) the total cost as indicated by an itemized cost break- down for labor and material for work to be done by the owner, or (3) the cost per square foot as indicated for the particular construction by the
cost valuation tables as published by the Interna- tional Code Council. In (1) and (2) above, the contract or cost breakdown must be signed by all applicable parties.
Cumulative construction cost.The sum total of costs associated with any construction work done to a building or structure either at one (1) time or at different times within a specified period of time.
Design flood elevation.See Freeboard.
Development. Any manmade change to im- proved or unimproved real estate, including, but not limited to buildings or other structures, min- ing, dredging, filling grading, paving, excavating, drilling operations or permanent storage of mate- rials.
Elevated building. A non-basement building meeting the following criteria:
A Zones: Having the top of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear wall parallel to the flow of water and ade- quately anchored so as not to impair the struc- tural integrity of the, building during a flood up to the magnitude of the base flood. It also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded move- ment of floodwaters.
V Zones: Having the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of water and ade- quately anchored so as not to impair the struc- tural integrity of the building during a flood up to the magnitude of the base flood. It also includes a building otherwise meeting the def- inition of "elevated building" even though the lower areas are enclosed by breakaway walls, if the breakaway walls meet the standards of this chapter for breakaway walls. Existing construc- tion. Construction for which the "start of con- struction" commenced before June 18, 1980. (Ord. 2004-64, March, 2004)
Existing manufactured home park or subdivi- sion.A park or subdivision for which the construc-
tion of facilities for servicing the lots on which the manufactured homes are to be affixed (including utilities, streets, grading and pads) is completed before December 30, 1977. (Ord. 2004-64, March, 2004)
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation or
runoff of surface waters from any source.
Flood damage control administrator. The of- ficer of the City of Tampa responsible for the execution of this article and the delegation of responsibilities for the individual tasks contained herein.
Flood elevation determination. A determina- tion by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one (1) percent or greater chance of occurrence in any given year.
Flood hazard boundary map (FHBM).An offi- cial map of a community, issued by the federal emergency management agency, where the bound- aries of the areas of special flood hazard have been defined as Zone A.
Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emer- gency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood insurance study. The official report pro- vided by the federal emergency management agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.
Floodplain orflood prone area.Any land area susceptible to being inundated by water from the source (see definition of flooding).
Floodplain management regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, (such as a floodplain ordinance, grading ordi- nance, and erosion control ordinance), and other applications of police powers. The term describes
such state or local regulations, in any combina- tion thereof, which provides standards for the purpose of flood damage prevention and reduc- tion.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
Floodproofing. Any combination of structural and nonstructural additions, changes or adjust- ments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Freeboard. The additional height that adds a factor of safety above the base-flood elevation (or flood level) for purposes of floodplain manage- ment. ("Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the water- shed. The freeboard requirement for the City of Tampa is six (6) inches.)
Floor.The top surface of an enclosed area in a building (including basement), including but not limited to, the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction. The term does not in- clude the floor of a garage used solely for parking vehicles.
Functionally dependent facility.A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, including but not limited to a docking or port facility necessary for the loading and unload- ing of cargo or passenger shipbuilding, ship repair or seafood processing facilities. The term does not include long term storage manufacture, sales, or service facilities.
Highest adjacent grade. The highest natural elevation of the ground surface, prior to construc- tion, next to the proposed walls of a structure.
Historic structure.Any structure that is: (a) Listed individually in the National Regis-
ter of Historic Places (a listing main- tained by the Department of Interior) or preliminarily determined by the Secre- tary of the Interior as meeting the require- ments for individual listing on the Na- tional Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contribut- ing to the historical significance of a reg- istered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic pres- ervation programs which have been ap- proved by the Secretary of the Interior; or (d) Individually listed on a local inventory historic places in communities with his- toric preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the In- terior in states without approved pro- grams. (Ord. 2004-64, March, 2004)
Lowest floor for an A Zone.The lowest floor of the lowest enclosed area (including basement). An unfinished floor or a floor in a flood resistant enclosure, used solely for parking of vehicles, building access or storage, in an area other than the basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this section.
Lowest floor for V Zones. The bottom of the lowest supporting horizontal member (excluding pilings or columns) which is located no lower than the base flood elevation level.
Mangrove stand. An assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one (1) or more of
the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and but- tonwood (Conocarpus erecta).
Market value.For the purposes of this section, market value is defined as either (1) the ap- praised value of the structure before the start of the initial repair or improvement or (2) in any case involving damage, the appraised value of the structure before the occurrence of the damage.
Mean sea level. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this section the term is synonymous with National Geodetic Vertical Da- tum (NGVD).
Manufactured home. A structure, transport- able in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when con- nected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
National Geodetic Vertical Datum (NGVD).Da- tum established in 1929 and used as a basis for measuring flood, ground, and structural eleva- tions, previously referred to as sea level datum or mean sea level. The base flood elevations shown on most of the flood insurance rate maps issued by the Federal Emergency Management Agency are referenced to NGVD or, more recently, to the North American Vertical Datum.
New construction. Structures for which the "start of construction" commenced on or after June 18, 1980. (Ord. 2004-64, March, 2004)
New manufactured home park. A park or sub- division for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or pouring of concrete pads) is completed on or December 30, 1977. (Ord. 2004-67, March, 2004)
North American Vertical Datum (NAVD). Da- tum used as a basis for measuring flood, ground, and structural elevations. NAVD is used in many recent flood insurance studies rather than the National Geodetic Vertical Datum.
Recreational vehicle.A vehicle which is built on a single chassis; is four hundred (400) square feet or less when measured at the largest horizontal projections; designed to be self-propelled or per- manently towable by a light-duty truck; and de- signed primarily as temporary living quarters for recreation, camping, travel or seasonal use, and not for use as a permanent dwelling. Recreational vehicles placed on sites within any A or V Zones shall be on the site for fewer than one hundred eighty (180) consecutive days; be fully licensed and ready for highway use; or meet permit, ele- vation, and anchorage requirements of this chap- ter. A recreational vehicle is ready for highway use, it is on its wheels or jacking system, is attached to the site by quick-disconnect type utilities and security devices, and has no perma- nently attached additions.
Sand dunes. Naturally occurring accumula- tions of sand in ridges or mounds landward of the beach.
Start of construction.For other than new con- struction or substantial improvements under the Coastal Barrier Resources Act (P.O. 97-348), in- cludes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruc- tion, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure (includ- ing a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the stage of excavation or the placement of a manu- factured home on a foundation. Permanent con- struction does not include land preparation, such as clearing, grading and filling: nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, foot-
ings, piers or foundations or the erection of tem- porary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Structure.A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial damage also means repetitive loss flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred (Ord. 2004-67, March, 2004)
Substantial improvements.Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place within a one-year period for which the cost equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improve- ment. The term includes structures that have incurred "substantial damage", regardless of the actual work performed, including repetitive loss. The term does not, however, include either:
1. Any project for improvement of a struc- ture to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to as- sure safe living conditions or,
2. Any alteration of a "historic structure" provided that the alteration would not preclude the structure's continued desig- nation as a "historic structure."
Variance. A grant of relief from the require-