§ 23-604. 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 Division, 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 Division 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 Division 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. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this Division:

(1)   Railroads and ancillary facilities associated with the railroad.

(2)   Nonresidential farm buildings on farms, as provided in section 604.50, F.S.

(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 section 366.02, F.S., 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.

(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 section 553.73(10)(k), F.S., 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 section 23-605.

(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.

e. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this Division shall not be construed to be a permit for, or approval of, any violation of this Division, the Florida Building Codes, or any other Division 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 Division or any other ordinance, regulation or requirement of this community.

h. Other permits required.  Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following:

(1)   The Southwest Florida Water Management District; section 373.036, F.S.  

(2)   Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.

(3)   Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S.

(4)   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; Section 404 of the Clean Water Act.

(5)   Federal permits and approvals.

(Ord. No. 2008-45, § 23, 12-16-08; Ord. No. 2015-04, § 13, 7-7-15;Ord. No. 2016-19, § 2, 10-18-16)