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ORDINANCE 2007-4076
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE 1859 AS AMENDED PROVIDING FOR FLOODPLAIN
MANAGEMENT; PROVIDING FOR STATUTORY AUTHORIZATION;
PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR LEGISLATIVE
INTENT: PROVIDING FOR METHODS OF REDUCING FLOOD LOSSES;
PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY;
PROVIDING FOR BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD; PROVIDING FOR ESTABLISHMENT OF
DEVELOPMENT PERMIT; PROVIDING FOR DESIGNA liON OF
FLOODPLAIN MANAGEMENT ORDINANCE ADMINISTRATOR;
PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND
GREATER RESTRICTIONS; PROVIDING FOR INTERPRETATION;
PROVIDING FOR WARNING AND DISCLAIMER OF LIABILITY;
PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR
ADMINISTRATION; PROVIDING FOR STANDARDS FOR FLOOD
HAZARD REDUCTION; PROVIDING FOR VARIANCES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Federal Emergency Management Agency (FEMA) has
determined that there are lands within the City of Sanford that are located within Special
Flood Hazard Areas, and
WHEREAS, it is necessary to properly manage development activities within
these Special Flood Hazard Areas to protect the public health, safety and welfare and to
eliminate or minimize property damage, and
WHEREAS, management by the City of development activities within Special
Flood Hazard Areas in the City of Sanford is required in order for the City to participate
in the National Flood Insurance Program (NFIP), and
WHEREAS, the City Commission of the City of Sanford desires to participate in
the Federal Insurance Management Program in order to afford the City's residents with
the ability to obtain flood insurance when required, and
WHEREAS, the legislature of the State of Florida has, in Article 8 of the State
Constitution and Chapter 166 of the Florida Statutes, delegated the responsibility to
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municipalities to adopt regulations designed to promote the public health, safety and
general welfare of its citizenry.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Sanford, Florida, as follows:
SECTION 1. STATUTORY AUTHORIZATION
The Legislature of the State of Florida, through Article 8 of the State Constitution
and Chapter 166 of the Florida Statutes, delegated the responsibility to local
government units to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry.
SECTION 2. FINDINGS OF FACT
(A) The flood hazard areas of the City of Sanford are subject to periodic
inundation, which results in loss of life and property, health and safety
hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities, and by the
occupancy in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, flood-proofed,
or otherwise unprotected from flood damages.
SECTION 3. LEGISLATIVE INTENT
It is the purpose of this Ordinance to promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(A) Protect human life, health, safety and welfare,
(B) Minimize expenditure of public money for costly flood control projects,
(C) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public,
(0) Minimize prolonged business interruptions,
(E) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, roadways, and bridges and
culverts located in floodplains,
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(F) 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
(G) Insure that potential homebuyers are notified that property is in a flood
hazard area.
SECTION 4. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purpose, this Ordinance includes methods and
provisions for:
(A) Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities,
(8) Requiring that uses vulnerable to floods including facilities which serve
such uses be protected against flood damage throughout their intended
life span,
(C) Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel flood
waters,
(0) Controlling filling, grading, dredging, and other development which may
increase flood damage, and
(E) Preventing or regulating the construction of flood barriers that will
unnaturally divert flood waters or may increase flood hazards in other
areas.
SECTION 5. DEFINITIONS
Unless specifically defined below, words or phrases used in this Ordinance shall
be interpreted so as to give them the meaning they have in common usage and to give
this ordinance its most reasonable application.
Accessory structure (Appurtenant structure) means a structure that is located on the
same parcel of property as the principal structure and the use of which is incidental to
the use of the principal structure. Accessory structures should constitute should
constitute a minimal investment, may not be used for human habitation, and be
designed to have minimal flood damage potential. Examples of accessory structures
are detached garages, carports, storage sheds, pole barns, and hay sheds.
Addition (to an existing building) means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common loadbearing wall
other than a firewall. Any walled and roofed addition which is connect by a firewall or is
separated by independent perimeter loadbearing walls is new construction.
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Appeal means a request for a review of the city's interpretation of any provision of this
ordinance or section thereof or a request for a variance.
Area of shallow flooding means a designated AO or AH Zone on the community's Flood
Insurance Rate Map (FIRM) with base flood average depths of one to three feet where
a clearly defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized by sheet flow or
ponding.
Area of special flood hazard is the land in the floodplain within a community subject to a
one- percent or greater chance of flooding in any given year. The term "special flood
hazard area", for purposes of these regulations, is synonymous with the phrase "area of
special flood hazard.
Base flood means the flood having a one percent chance of being equaled or exceeded
in any given year (also called the "100 year flood" and the "regulatory flood"). Base
flood is the term used throughout this ordinance.
Base flood means the flood having a one percent chance of being equaled or exceeded
in any given year (also called the "100 year flood" and the "regulatory flood"). Base
flood is the term used throughout this ordinance.
Basement means any area of a building having its floor sub-grade (below ground level)
on all sides.
Building means any structure built for support, shelter, or enclosure for any occupancy
or storage.
Building permit means the permit as required by the Florida Building Code.
Certification means a certification by a registered professional engineer or other party
does not constitute a warranty or guarantee of performance, expressed or implied.
Certification of data is a statement that the data is accurate to the best of the certifier's
knowledge. Certification of analyses is a statement that the analyses have been
performed correctly and in accordance with sound engineering practices. Certification of
structural works is a statement that the works are designed in accordance with sound
engineering practices to provide protection from the base flood. Certification of "as
built" conditions is a statement that the structure(s) has been built according to the
plans being certified, is in place, and is fully functioning.
Critical facility means a facility for which even a slight chance of flooding might be too
great. Critical facilities include, but are not limited to schools, nursing homes, hospitals,
police, fire and emergency response installations, installations which produce, use or
store hazardous materials or hazardous waste.
Datum is a reference surface used to ensure that all elevation records are properly
related. Many communities have their own datum that was developed before there was
a national standard. The current national datum is the National Geodetic Vertical
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Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North
American Vertical Datum (NAVD) of 1988.
Development means any man-made change to improved or unimproved real estate,
including, but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavating, drilling operations, or storage of materials or equipment.
Elevated building means a non-basement building built to have the lowest floor elevated
above the ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
Encroachment means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain, which
may impede or alter the flow capacity of a floodplain.
Existing Construction means, for floodplain management purposes, structures for which
the "start of construction" commenced before September 17, 1980 (the effective date of
the initial floodplain management ordinance based upon specific technical base flood
elevation data). This term may also be referred to as any "existing structures".
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) was completed before September 17, 1980 (the effective date of the
initial floodplain management regulations based upon specific technical base flood
elevation data).
Expansion to an existing manufactured home park or subdivision means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface waters from any
source.
(c) Mudslides (i.e. mudflows) which are proximately caused by flooding as
defined in paragraph (a) of Section 5 of this definition and are kin to a river
of liquid and flowing mud of the surface of normally dry land areas, as
when earth is carried by a current of water and deposited along the path of
the current.
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Flood Boundary and Floodway Map (FBFM) means the official map of a community, on
which the Federal Emergency Management Agency (FEMA) has delineated the areas
of flood hazards and regulatory f1oodway.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which
FEMA has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
Flood Insurance Study (FIS) is the official hydraulic and hydrologic report provided by
FEMA. The study contains an examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination,
evaluations and determination of mudslide (i.e. mudlflow) and other flood-related
erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM
(where applicable), and other related data and information.
Floodplain means any land area susceptible to being inundated by water from any
source (see definition of "flooding").
Floodplain Administrator is the individual appointed to administer and enforce the
floodplain management regulations of the community.
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage, and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited to emergency
preparedness plans, flood control works, floodplain management regulations and open
space plans.
Floodplain management regulations means this ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as a floodplain ordinance, grading ordinance and erosion control ordinance), and
other applications of police power which control development in flood-prone areas. This
term describes Federal, State of Florida or local regulations, in any combination thereof,
which provide standards for preventing and reducing flood loss and damage.
Floodproofing means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
Floodway means 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 more than a designated height of one foot. The
term is also referred to as "regulatory floodway".
Floodway fringe means the area of the floodplain on either side of the regulatory
floodway where encroachment may be permitted without additional hydraulic and/or
hydrologic analysis.
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Freeboard means a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "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 f100dway conditions, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed.
Functionally dependent use means use that cannot be used for its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and shipbuilding and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
Hardship as related to variances from this ordinance means the exceptional hardship
associated with the land that would result from a failure to grant the requested variance.
The community requires that the variance is exceptional, unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is not exception.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or
disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional
hardship. All of these problems can be resolved through other means without the
granting of a variance, even if the alternative is more expensive, or requires the property
owner to build elsewhere or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface prior
to the start of construction next to the proposed walls of a structure.
Historic Structure means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register:
(b) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic or a district
preliminarily determined by the Secretary to qualify as a registered historic
district:
(c) Individually listed on the Florida inventory of historic places which have
been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory historic places in communities with
historic preservation programs that have been certified either:
(1) by the approved state Florida program as determined by the
Secretary of the Interior, or
(2) directly by the Secretary of the Interior.
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Increased Cost of Compliance (ICC) means the coverage by a standard flood insurance
policy under the NFIP that provides for the payment of a claim for the cost to comply
with the State of Florida and the City of Sanford floodplain management laws or
ordinances after a direct physical loss by flood, when the City declares the structure to
be "substantially" or "repetitively" flood-damaged. ICC coverage is provided for in every
standard NFIP flood insurance policy, and will help pay for the cost to flood proof,
relocate, elevate, or demolish the structure.
Lowest adjacent grade means the lowest elevation, after the completion of construction,
of the ground, sidewalk, patio, deck support, or basement entryway immediately next to
the structure.
Lowest floor means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage, in an area other than a basement, 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 non-elevation design standards of this ordinance.
Manufactured home means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map
(FIRM) for a community issued by the Agency.
Market value means the building value, which is the property value excluding the land
value and that of the detached accessory structures and other improvements on site (as
agreed to between a willing buyer and a willing seller) as established by what the local
real estate market will bear. Market value can be established by an independent
certified appraisal (other than a limited or curbside appraisal, or one based on the
income approach). Actual Cash Value (replacement cost depreciated for age and
quality of construction of building), or adjusted tax-assessed values.
Mean sea level means 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
the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of
1929 or the North American Vertical Datum (NAVD) of 1988, the term is synonymous.
National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used
as a reference for establishing varying elevations within the floodplain.
New Construction means, for floodplain management purposes, structures for which the
"start of construction" commenced on or atter September 17, 1980 (the effective date of
the initial floodplain management ordinance, based upon specific technical base flood
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elevation data). The term also includes any and all subsequent improvements to such
structure. For flood insurance rates, structures for which the start of construction
commenced on or after September 17, 1980, includes any and all subsequent
improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of this Ordinance
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a
reference for establishing varying elevations within the floodplain.
Recreational vehicle means a vehicle that is:
(a) built on a single chassis;
(b) contains 400 square feet or less when measured at the largest horizontal
projection;
(c) designed to be self-propelled or permanently towable by a light duty truck;
and
(d) designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Reasonably safe from flooding means base flood waters will not inundate the land or
damage structures to be removed from the SFHA and that any subsurface waters
related to the base flood will not damage existing or proposed buildings.
Repetitive Loss means flood-related damages sustained by a structure on two separate
occasions during a 10-year period ending on the date of the event for which the second
claim is made, for which the cost of repairs at the time of each such flood event, on the
average, equaled or exceeded 25% of the market value of the structure before the
damages occurred.
Special flood hazard area (SFHA) (see Area of Special Flood Hazard).
Start of Construction (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97 -348)), includes substantial
improvement, and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the
first placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a
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foundation. Permanent construction 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, footings, piers, or foundations or the erection
of temporary 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. 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.
Structure means, for floodplain management purposes, a walled and roofed building,
manufactured home, or other manmade facility or infrastructure including a gas or liquid
storage tank that is principally above ground.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred. Substantial
damage also means flood-related damages sustained by a structure on two separate
occasions during a 1 a-year period for which the cost of repairs at the time of each such
flood event, on the average, equals or exceeds 25 percent of the market value of the
structure before the damages occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure during a 1 a-year period, the cumulative cost of which equals
or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. The term includes structures that have incurred
"substantial damage", regardless of the actual work performed, or "repetitive loss" as
defined herein. The term does not, however, include either:
(a) any project for improvement of a structure 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 assure safe living conditions or
(b) any alteration of a "historic structure" provided that the alteration would not
preclude the structure's continued designation as a "historic structure".
Variance means a grant of relief by the City of Sanford from the requirements of this
Ordinance which permits construction in a manner otherwise prohibited herein, where
specific enforcement would result in unnecessary hardship.
Violation means the failure of a structure or other development to be fully compliant with
this ordinance. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this ordinance is presumed to
be in violation until such time as that documentation is provided to the City.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
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Water surface elevation means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, or the North American Vertical Datum of 1988, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
SECTION 6. APPLICABILITY
This Ordinance shall apply to all areas of special flood hazard within the
jurisdiction of the City of Sanford.
SECTION 7. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by FEMA's Flood Insurance Study (FIS) for
Seminole County, dated September 28, 2007, or subsequent updated editions, with
accompanying panels for the City of Sanford and other supporting data, are hereby
adopted by reference and declared to be incorporated herein and a part of this
ordinance.
SECTION 8. DESIGNATION OF FLOOD DAMAGE PREVENTION
ORDINANCE ADMINISTRATOR
The City Commission of the City of Sanford hereby appoints the City Manager, or
designee, to administer and implement the provisions of this ordinance, and is
hereinafter referred to as the Floodplain Management Administrator, or the Floodplain
Administrator.
SECTION 9. ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be required for all proposed construction or other
development, including the placement of manufactured homes, in conformance with the
provisions of this ordinance.
SECTION 10. COMPLIANCE
No structure or land shall hereafter be located, extended, converted or
structurally altered without full compliance with the requirements of this ordinance and
other applicable laws and regulations.
SECTION 11. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
SECTION 12. INTERPRETATION
In the interpretation and application of this ordinance all provisions shall be:
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(A) considered as minimum requirements;
(B) liberally construed in favor of the governing body, and
(C) deemed neither to limit nor repeal any other powers granted under state
statutes.
SECTION 13. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
consideration. Larger floods can and will occur on rare occasions. Flood heights may
be increased by man-made or natural causes. This ordinance does not imply that land
outside the areas of special flood hazard or uses permitted within such areas will be
free from flooding or flood damages. This ordinance shall not create liability on the part
of the City Commission of the City of Sanford, or by any officer or employee thereof, for
any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
SECTION 14. PENALlTIES FOR VIOLATION
Violators of the provisions of this Ordinance, or failure to comply with any of its
requirements, including violation of conditions and safeguards established in connection
with grants of variance or special exceptions, shall, upon conviction thereof, be fined not
more than $500.00, and as provided for in Ordinance 1859, and, additionally, shall pay
all costs and expenses involved in the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall prevent the Floodplain
Management Administrator from taking such other lawful actions as is necessary to
prevent or remedy any violation.
SECTION 15. ADMINISTRATION
(A) PERMIT PROCEDURES
A Development Permit Application shall be submitted, prior to undertaking any
development activities, to the Floodplain Management Administrator on forms furnished
by him or her, and must include, but not be limited to, the following plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the area
under consideration for development; existing structure( s) and other features; proposed
structure(s), earthen fill, storage of materials or equipment, drainage facilities, perimeter
setbacks, environmental features such as base floodplain areas, wetlands, and other
protected areas; and the location of the foregoing. Specifically, the following
information, certified by a professional who is authorized to certify such information in
the State of Florida, is required:
(1) Application Stage:
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(a) Elevations of the area of development in relation to mean
sea level (such as a contour map) for both existing and
proposed development,
(b) Elevation in relation to mean sea level of the lowest floors of
all proposed structures,
(c) Elevation in relation to mean sea level to which any
nonresidential structure will be f1oodproofed,
(d) Floodproofing Certificate, meeting the f1oodproofing criteria
in Section 15(8 A) (2) and D (2),
(e) Existing and proposed infrastructure, and
(f) Description of the extent to which any watercourse will be
altered or relocated as result of proposed development.
(2) Construction Stage:
Upon placement of the lowest floor, or f1oodproofing by whatever
construction means, it shall be the duty of the permit holder to
submit to the Floodplain Management Administrator a certification
of the elevation of the lowest floor or f1oodproofed elevation, as
built, in relation to mean sea level. Said certification shall be
prepared by or under the direct supervision of a registered land
surveyor or professional engineer who is authorized to certify such
information in the State, and certified by same. Any work
undertaken prior to submission of the certification shall be at the
permit holder's risk.
The Floodplain Management Administrator shall review the lowest
floor elevation and f1oodproofing Certificate. Should these
documents be found not in conformance with the requirements of
this ordinance, the permit holder shall immediately cease further
work, and shall correct any deficiencies. Failure of the permit
holder to submit the surveyed lowest floor elevation and
f1oodproofing certificate, and failure to correct said deficiencies
required hereby, shall be the cause to issue a stop-work order for
the project.
(B) DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
MANAGEMENT ADMINISTRATOR
Duties of the City Manager shall include, but are not be limited to, the following:
(1) Review all development permits to assure that the requirements of
this ordinance have been fully met,
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(2) Review proposed development to assure that all necessary permits
have been obtained from those governmental agencies from which
approval is required by Federal or State law, including section 404
of the Federal Water Pollution Control Act, as amended, or by wide-
area agencies, prior to issuing a development permit. Such
documentation is to be maintained on file with the development
permit,
(3) Review certified plans and specifications for compliance with the
requirements of this ordinance,
(4) Verify and record the actual elevation (in relation to mean sea level)
of the lowest floor of all new construction and substantial
improvements, in accordance with Section 15 (A) (2),
(5) Verify and record the actual elevation (in relation to mean sea level)
to which the new or substantially improved nonresidential structures
in A-Zones have been f1oodproofed, in accordance with Section -ta
(A) (2), 16 (C) (3),
(6) Interpret the exact location of boundaries of the areas of special
flood hazard and regulatory f1oodway. When there appears to be a
conflict between a mapped boundary and actual field conditions,
the Floodplain Management Administrator shall make the
necessary interpretation. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretation as provided for in this Ordinance,
(7) When base flood elevation data or f100dway data have not been
provided in accordance with Section 7, the Floodplain Management
Administrator shall obtain, review and reasonably utilize any base
flood elevation and f100dway data available from a federal, state, or
any other source, in order to administer the provisions of this
Ordinance,
(8) Notify, in riverine situations, adjacent communities and the State
Coordinating Office prior to any alteration or relocation of a
watercourse, and submit copies of such notifications to FEMA, and
assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained,
(9) Coordinate with other City of Sanford departments to assure that
the requirements of this Ordinance are fully met,
(10) Participate actively in evaluating the variance requests and provide
input and recommendations in variance hearings/proceedings,
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(11) Coordinate all change requests to the FIS and FIRM or FBFM, or
both, with the requester, State, and FEMA, and
(12) Comply with the following requirement to submit new technical
data:
The City of Sanford's base flood elevations may increase or
decrease resulting from physical changes affecting flooding
conditions. As soon as practicable, but not later than six months
after the date such information becomes available, the city shall
notify FEMA of the changes by submitting technical or scientific
data. Such a submission is necessary so that, upon confirmation of
those physical changes affecting flooding conditions, risk premium
rates and flood plain management requirements will be based upon
current data.
SECTION 16. STANDARDS FOR FLOOD HAZARD REDUCTION
(A) GENERAL STANDARDS
In all areas of special flood hazard, determined by FEMA and by the community
where FEMA has not determined the areas of special flood hazard, the following shall
apply:
(1) Permits for proposed construction or other development, including
the placement of manufactured homes, shall be reviewed so that a
determination may be made whether or not such construction or
other development is proposed within flood-prone areas.
(2) New construction, substantial improvements, and other
development proposals shall assure that all necessary permits
have been obtained from those governmental agencies from which
approval is required by Federal or State law, including section 404
of the Federal Water Pollution Control Act, as amended, or by wide-
area agencies.
(3) All new construction and substantial improvements shall be
designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(4) All new construction and substantial improvements shall be
constructed with materials and utility elements resistant to flood
damage.
(5) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage.
Page 15 of 25
(6) Electrical, heating, ventilation, plumbing, air conditioning equipment
and other service facilities, including ductwork, shall be designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding,
(7) Subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, shall be
assured that they will be reasonably safe from flooding. If a
subdivision proposal or other proposed new development is in a
flood-prone area, any such proposals shall be reviewed to assure
that:
(a) all such proposals are consistent with the need to minimize
flood damage within the flood-prone area,
(b) all public utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize
or eliminate flood damage, and adequate drainage is
provided to reduce exposure to flood hazards.
( c) new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the systems.
(d) new and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood
waters, and on-site waste disposal systems shall be located
and constructed to avoid impairment to them or
contamination from them during flooding.
(8) New construction and substantial improvements, when located in
multiple flood zones with varying base flood elevations or in same
flood zone with multiple base flood elevations shall meet the
requirements for the flood zone with the most stringent
requirements and the highest base flood elevation.
(B) STANDARDS FOR APPROXIMATE A-ZONES
Located within the areas of special flood hazard established in Section7, where
streams exist for which no base flood elevation data or regulatory f100dway has been
provided by FEMA, the following provisions shall apply:
(1) Standards of Section 16 (A) hereof.
(2) All new subdivision proposals and other proposed developments
(including proposals for manufactured home parks and
Page 16 of 25
subdivisions) greater than 50 lots or 5 acres, whichever is the
lesser, shall include base flood elevation data within such
proposals;
(3) The Floodplain Management Administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data
available from a Federal, State, or other source, including data
developed pursuant to Subsection (C) (3) of this Section. When
such base flood elevation data is utilized, the new construction,
substantial improvements, or other development shall meet the
elevation and non-elevation requirements of Section 16 (C) through
(E).
(4) Where the base flood elevation data are utilized, the Floodplain
Management Administrator shall:
(a) Obtain the elevation (in relation to the mean sea level) of the
lowest floor (including the basement) of all new and
substantially improved structures,
(b) Obtain, if the structure has been f1oodproofed in accordance
with the requirements of Subsection (C) (3) of this Section,
the elevation in relation to the mean sea level to which the
structure has been f1oodproofed, and
(c) Maintain a record of all such information.
(5) Notify, in riverine situations, adjacent communities and the State
Coordinating Office prior to any alteration or relocation of a
watercourse, and submit copies of such notifications to FEMA.
(6) Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(7) Manufactured homes shall be installed using methods and
practices that minimize flood damage. They shall be elevated and
anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable State and local anchoring requirements for
resisting wind forces.
(8) When the base flood elevation data is not available from any
source or as in Subsection (C) (3) of this Section, the lowest floor of
the new construction and substantial improvements shall be
elevated to 2 feet above the highest adjacent grade, or 2 feet above
the highest crown of the adjacent roadway, whichever is greater.
Page 17 of 25
(9) Any alteration, repair, reconstruction or improvements to a building
that is in compliance with the provisions of this ordinance shall
meet the requirements of "new construction" as contained in this
ordinance; and
(10) Any alteration, repair, reconstruction or improvements to a building
that is not in compliance with the provisions of this ordinance, shall
be undertaken only if said non-conformity is not furthered,
extended, or replaced.
(C) SPECIFIC STANDARDS FOR A1-30, AE, AH, AO, and A (WITH BASE
FLOOD ELEVATIONS) ZONES
In all non-coastal areas of special flood hazard where base flood elevation data
have been provided, as set forth in Section 7, but no regulatory flooclways have been
delineated, the following provisions shall apply:
(1) Standards of Section 16 (B).
(2) Residential Structures.
(a) All new construction or substantial improvements of
residential structures within Zones A 1-30, AE, and AH
(including manufactured homes substantially damaged by
flood) shall have the lowest floor (including basement)
elevated to 2 feet above the base flood elevation.
(b) All new construction and substantial improvements of
residential structures within AO Zone shall have the lowest
floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number
specified in feet on the FIRM (at least two feet if no depth
number is specified).
(3) Nonresidential Structures.
(a) All new construction or substantial improvements of non-
residential structures shall have the lowest floor (including
basement) elevated to 2 feet above the base flood elevation.
Nonresidential structures within Zones A 1-30, AE, and AH
may be flood-proofed in lieu of being elevated provided that
together with all attendant utility and sanitary facilities, be
designed so that below the base flood elevation plus one
foot the structure is water-tight with walls substantially
impermeable to the passage of water, and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A
registered professional engineer or architect, who is
Page 18 of 25
authorized to certify such information in the State, shall
certify that the provisions of this subsection are satisfied.
The FEMA Floodproofing Certificate shall be prepared, and
submitted to the Floodplain Management Administrator
along with the corresponding operational and maintenance
plans.
(b) All new construction and substantial improvements of
nonresidential structures within Zone AO shall (i) have the
lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number
specified in feet on the FIRM (at least two feet if no depth
number is specified), or (ii) together with attendant utility and
sanitary facilities be completely f1oodproofed to that level to
meet the floodproofing standard specified in Subsection (C)
(3) (a) of this Section.
(4) Elevated Structures. For all new construction or substantial
improvements, fully enclosed areas below the lowest floor elevation
shall be usable solely for parking of vehicles, building access, or
storage. These enclosed areas shall be designed and constructed
to allow for the entry and exit of floodwaters to automatically
equalize hydrostatic flood forces on exterior walls.
(a) Designs for meeting with this requirement must either be
certified by a professional engineer or architect, who is
authorized to such information in the State, or meet or
exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided,
(ii) The bottom of all openings shall be no higher than
one foot above grade, and
(iii) Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided they
provide the required net area of the openings and
permit the automatic entry and exit of floodwaters.
(b) Access to the enclosed area shall be minimum necessary to
allow for parking of vehicles (garage door) or limited storage
of maintenance equipment used in connection with the
premises (standard exterior door) or entry to the living area
(stairway or elevator),
Page 19 of 25
(c) The interior portion of such enclosed areas shall not be
partitioned, temperature-controlled, or finished into separate
rooms, and
(d) Where elevation requirements exceed 6 feet above the
highest adjacent grade, a copy of the legally recorded deed
restriction prohibiting the conversion of the area below the
lowest floor to a use or dimension contrary to the building's
originally approved design, shall be presented as a condition
of issuance of the final Certificate of Occupancy.
(5) Manufactured Homes and Recreational Vehicles.
(a) All manufactured homes that are placed, or substantially
improved within Zones A1-30, AH, and AE, on sites (i)
outside of an existing manufactured home park or
subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing manufactured
home park or subdivision, or (iv) in an existing manufactured
home park or subdivision on which a manufactured home
has incurred "substantial damage" as the result of a flood,
shall be elevated on a permanent foundation to 2 feet above
the base flood elevation and shall be securely anchored to
an adequately anchored foundation system to resist
foundation collapse and lateral movement.
(b) All manufactured homes to be placed or substantially
improved in an existing manufactured home park or
subdivision within Zones A1-30, AH, and AE, that are not
subject to the provisions of Subsection (5) (a) of this Section,
shall be elevated so that either:
(i) The lowest floor of the manufactured home is
elevated to 2 feet above the base flood elevation, or
(ii) The manufactured home chassis is supported by
reinforced piers or other foundation elements of at
least an equivalent strength that are no less than 36
inches in height above the grade and securely
anchored to an adequate foundation system to resist
flotation, collapse, and lateral movement.
(c) All recreational vehicles placed on sites within Zones A1-30,
AH, and AE must either:
(i) Be on the site for fewer than 180 consecutive days,
Page 20 of 25
(ii) Be fully licensed and ready for highway use (A
recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security
devices, and has no permanently attached additions.),
or
(iii) Meet the requirements for new construction, including
anchoring and elevation requirements for
manufactured homes in Subsection (5)(a) or (b) of
this Section.
(6) Until a regulatory f100dway is designated, no new construction,
substantial improvements, or other development (including fill) shall
be permitted within Zones A 1-30 and AE on the FIRM, unless it is
demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any point within the community.
(7) Within Zones AH and AO on the FIRM, adequate drainage paths
around structures on slopes shall be provided to guide floodwaters
around and away from proposed structures.
(D) STANDARDS FOR REGULATORY FLOODWAYS
Located within areas of special flood hazard established in Section 7, are areas
designated as f1oodways. Since the f100dway is an extremely hazardous area due to
the velocity of floodwaters that carry debris and potential projectiles and have significant
erosion potential, the following provisions shall apply:
(1) Standards of Section 16(8).
(2) Encroachments, including fill, new construction, substantial
improvements and other developments within the regulatory
floodway shall be prohibited unless it has been demonstrated
through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(E) CRITICAL FACILITIES
Construction of new critical facilities shall be, to the extent possible, located
outside the limits of the SFHA, preferably outside the 0.2% annual chance floodplain.
Construction of new critical facilities may be permissible within the SFHA if feasible
alternative sites are unavailable. Critical facilities constructed within the SFHA shall
have the lowest floor elevated a minimum of 3 feet above the base flood elevation at the
Page 21 of 25
site. Floodproofing and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into floodwaters. Access routes
elevated to or above the level of the base flood elevation shall be provided to all critical
facilities to the maximum extent possible.
SECTION 17. VARIANCES
(A) DESIGNATION OF VARIANCE AND APPEALS BOARD
The City Commission, or its duly designated board, of the City of Sanford, shall
hear and decide appeals and requests for variances from the requirements of this
Ordinance.
(B) DUTIES OF VARIANCE BOARD
The City Commission, or its duly designated board, shall hear and decide
appeals when it is alleged that an error in any requirement, decision, or determination
has been made by the Floodplain Management Administrator in the enforcement or
administration of this Ordinance. Any person aggrieved by the decision of the City
Commission, or its duly appointed board, may appeal such decision to the Circuit Court
within thirty (30) days of the rendition of such decision, as provided in the Florida Rules
of Appellate Procedure.
(C) CONSIDERATIONS IN GRANTING VARIANCE REQUESTS
In acting upon such applications, the City Commission, or its duly designated
board, shall consider all technical evaluations, all relevant factors, provisions specified
in other sections of this Ordinance, and:
(1) The danger that materials may be swept onto other lands to the
injury of others,
(2) The danger of life and property due to flooding or erosion damage,
(3) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner,
(4) importance of the services provided by the proposed facility to the
community,
(5) The necessity to the facility of a waterfront location, where
applicable,
(6) The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage,
Page 22 of 25
(7) The compatibility of the proposed use with existing and anticipated
development,
(8) The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area,
(9) The safety of access to the property in times of flood for ordinary
and emergency vehicles,
(10) The expected heights, velocity, duration, rate of rise, and sediment
of transport of the flood waters and the effects of wave action, if
applicable, expected at the site,
(11) 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, and
streets and bridges, and
(12) The request for variance is not an after-the-fact request.
(D) CONDITIONS FOR VARIANCES
(1) Variances may only be issued when there is:
(a) A showing of good and sufficient cause,
(b) A determination that failure to grant the variance would result
in exceptional hardship, and
(c) A determination that the granting of a variance will not result
in increased flood heights, additional threats to public
expense, create nuisance, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
(2) Variances may only be issued upon a determination that the
variance is the minimum necessary deviation from the requirements
of this ordinance.
(3) Variances shall not be issued within any designated regulatory
flooctway if any increase in flood levels during the base flood
discharge would result.
(4) Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation
as a historic structure, and the variance is the minimum necessary
to preserve the historic character and design of the structure.
Page 23 of 25
(5) Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct
of a functionally dependent use provided that:
(a) The criteria of paragraphs (1) through (3) of this Section are
met, and
(b) The structure or other development is protected by methods
that minimize flood damages during the base flood and
create no additional threats to public safety.
(E) VARIANCE NOTIFICATION
Any applicant to whom a variance is granted shall be notified in writing over the
signature of the City Manager, or his designee, that:
(1) The issuance of a variance to construct a structure below the base
flood elevation will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance
coverage, and
(2) Such construction below the base flood level increases risks to life
and property.
A copy of the notice shall be recorded by the Floodplain Management Administrator in
the Office of the Seminole County Clerk of the Circuit Court and shall be recorded in a
manner so that it appears in the chain of title of the affected parcel of land. The
Floodplain Management Administrator shall maintain a record of all variance actions,
including justification for their issuance or denial, and report such variances issued in its
annual biennial report submitted to FEMA.
(F) SPECIAL CONDITIONS
Upon consideration of the factors listed in Section 17, and the purposes of this
Ordinance, the City Commission, or its duly appointed board, may attach such
conditions to the granting of variances, as it deems necessary to further the purposes of
this Ordinance.
SECTION 18. CONFLICTS.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 19. SEVERABILITY.
If any section, part of section, paragraph, clause, sentence, or phrase of the
Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,
Page 24 of 25
then said holding shall in no way effect the validity of the remaining portions of this
Ordinance.
SECTION 20. CODIFICATION.
The provisions of this Ordinance shall be included, incorporated and codified
within the Code of Ordinances of the City of Sanford, except that Sections 18, 19 and
20 shall not be codified.
SECTION 21. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 8th day of October, 2007.
City Commission of the City of
Sanford, Florida
Attest:
~{(.~~
J net Dougherty, City Clerk
("
.. ~i~~~n, MayO~CV;~
Approved as to form and legality:
1:11 ~ Off( G#c<ff~
Kenneth W. Mcintosh, Assistant City Attorney
Certificate
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a
true and correct copy of the foregoing Ordinance No. 4076 Passed and Adopted by the
City Commission of the City of Sanford, Florida, on the 8th day of October, 2007, was
posted at the front door of the City Hall in the City of Sanford, Florida, on the 10th day of
October, 2007.
~t<.~~
J et R. Dougherty
As the City Clerk of the City
of Sanford, Florida
Page 25 of 25