HomeMy WebLinkAbout4360 new Chapter 46 Flood Plain Ordinance No. 2016-4360
An ordinance by the City Commission of the City of Sanford
pertaining to floodplain management and amending the City's Code
of Ordinances (City Code); repealing Chapter 46, City Code; and
enacting a new Chapter 46; adopting flood hazard maps and
substantive matters -relating thereto; designating a floodplain
administrator; adopting definitions, processes, procedures and
criteria for development in flood hazard areas and related subjects
and matters; providing for applicability of the provisions of the
Ordinance; providing for technical amendments to the Florida
Building Code; providing for implementing administrative actions;
providing for a savings and detailing the effect of Ordinance;
providing for conflicts; providing for severability; providing for
codification and providing for an effective date.
Whereas, the Legislature of the State of Florida has, in Chapter 166
Municipalities, Florida Statutes, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its
citizenry; and
Whereas, the Federal Emergency Management Agency has identified special
flood hazard areas within the boundaries of the City of Sanford and such areas may be
subject to periodic inundation which may result in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare, and
Whereas, the City of Sanford was accepted for participation in the National
Flood Insurance Program on September 17, 1980 and the City Commission of the City
of Sanford desires to continue to meet the requirements of Title 44, Code of Federal
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Regulations, Sections 59 and 60, necessary for such participation; and
Whereas, Chapter 553, Florida Statutes, was enacted by the Florida Legislature
to provide a mechanism for the uniform adoption, updating, amendment, interpretation
and enforcement of a State building code, called the Florida Building Code; and
Whereas, the City Commission of the City of Sanford has adopted a requirement
to increase the minimum elevation requirement for buildings and structures in flood
hazard areas and, pursuant to Section 553.73(5), Florida Statutes, is formatting that
requirement to coordinate with the Florida Building Code; and
Whereas, the City Commission of the City of Sanford has adopted a requirement
to require buildings that sustain repetitive flood damage over a 10-year period to be
included in the definition of"substantial damage"; and
Whereas, the City of Commission of the City of Sanford, based upon review of
local conditions and as demonstrated by evidence has determined that there is a local
need to limit new installations of manufactured homes in certain high risk flood hazard
areas;
Whereas, the City Commission of the City of Sanford has determined that it is in
the public interest to adopt the proposed floodplain management regulations that are
coordinated with the Florida Building Code.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida, as
follows:
Section 1. Legislative and Administrative Findings.
(a). The recitals set forth above in the "whereas clauses" are hereby adopted
as legislative findings of the City Commission of the City of Sanford.
(b). The intent of this Ordinance is to adopt floodplain management
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regulations, and associated local technical amendments to the Florida Building Code.
(c). There are many public policy reasons to adopt additional elevation
(freeboard). After flood events, buildings that are either above floodwater or only
minimally flooded can be more quickly re-occupied, allowing people to get more quickly
back-to their homes, businesses, and community. When people get back in their homes
quickly, there's less cost burden on government at all levels (and nonprofits) because
less temporary housing and other emergency assistance is needed. When families and
businesses get back more quickly, they more quickly begin spending money locally,
thus helping local tax revenues get back to more normal levels. People not covered by
flood insurance have to pay for repairs out of pocket or obtain Small Business
Administration loans (which are not really "low" interest loans). When buildings are
higher, owners are less likely to have to dip into savings or borrow to pay for repairs.
FEMA has estimated that nearly 1 in 4 small businesses damaged in disasters close for
good and cease operations and building higher and being better protected results in
persons being able to stay in business.
(d). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
SECTION 2. Repealer, Chapter 46, City Code, new text.
Chapter 46 of the City Code is hereby repealed and the text thereof is replaced
by the provisions of this Ordinance as set forth and prescribed herein:
ARTICLE I ADMINISTRATION
SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the Floodplain Management
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Ordinance of the City of Sanford, hereinafter referred to as "this Ordinance."
101.2 Scope. The provisions of this Ordinance 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 manufactured homes and
manufactured buildings; installation or replacement of tanks; placement of recreational
vehicles; installation of swimming pools; and any other development.
101.3 Intent. The purposes of this Ordinance 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:
(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
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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.
101.4 Coordination with the Florida Building Code. This 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.
101.5 Warning. The degree of flood protection required by this Ordinance and the Florida
Building Code, as amended by the City of Sanford, 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 Ordinance 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, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring the City of Sanford to
revise these regulations to remain eligible for participation in the National Flood
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Insurance Program. No guaranty of vested use, existing use, or future use is implied or
expressed by compliance with this Ordinance.
101.6 Disclaimer of Liability. 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 damage that results from reliance on this Ordinance or any administrative decision
lawfully made thereunder.
SECTION 102 APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
102.2'Areas to which this Ordinance applies. This Ordinance shall apply to all flood
hazard areas within the City of Sanford, as established in Section 102.3 of this
Ordinance.
102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for
Seminole County, Florida and Incorporated Areas, dated September 28, 2007, 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 Ordinance and shall serve as the minimum basis
for establishing flood hazard areas. Studies and maps that establish flood hazard areas
are on file at City Hall of the City of Sanford by making a request to the office of the City
Clerk whose address is 300 North Park Avenue, Sanford, Florida 32771.
102.3.1 Submission of additional data to establish flood hazard areas. To establish
flood hazard areas and base flood elevations, pursuant to Section 105 of this Ordinance
the Floodplain Administrator may require submission of additional data. Where field
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surveyed topography prepared by a Florida licensed professional surveyor or digital
topography accepted by the City of Sanford 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 Ordinance 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.
102.4 Other laws. The provisions of this Ordinance shall not be deemed to nullify any
provisions of local, State or Federal law.
102.5 Abrogation and greater restrictions. This Ordinance supersedes any code or
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
Ordinance and any other ordinance, the more restrictive shall govern. This Ordinance
shall not impair any deed restriction, covenant or easement, but any land that is subject
to such interests shall also be governed by this Ordinance.
102.6 Interpretation. In the interpretation and application of this Ordinance, all
provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
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(3) Deemed neither to limit nor repeal any other powers granted under controlling
State law.
SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
103.1 Designation. The City Manager is designated as the Floodplain Administrator.
The Floodplain Administrator may delegate performance of certain duties to other City
employees.
103.2 General. The Floodplain Administrator is authorized and directed to administer
and enforce the provisions of this Ordinance. The Floodplain Administrator shall have
the authority to render interpretations of this Ordinance consistent with the intent and
purpose of this Ordinance 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 specifically provided in this Ordinance without
the granting of a variance pursuant to Section 107 of this Ordinance.
103.3 Applications and permits. The Floodplain Administrator, in coordination with
other pertinent offices of the City of Sanford, 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 Ordinance;
(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;
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(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 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 Ordinance.
103.4 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, 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; provided, however, that, for proposed
work to repair damage caused by flooding, the determination requires evaluation of
previous permits issued to repair flood-related damage as specified in the definition of
"substantial damage; and
(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 Ordinance is
required.
103.6 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 Section 107 of this
Ordinance.
103.6 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 Ordinance.
103.7 Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 106 of this Ordinance for development that is not subject to the
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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.
103.8 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 103.4 of this Ordinance;
(2) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
(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 6 months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified
by this Ordinance and the Florida Building Code to determine that such certifications
and documentations are complete; and
(5) Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Sanford are modified.
103.9 Floodplain management records. Regardless of any limitation on the period
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required for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are
necessary for the administration of this Ordinance 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 Ordinance; notifications to adjacent
communities, FEMA, and the state related to alterations of watercourses; assurances
that the flood carrying capacity of altered watercourses will be maintained;
documentation related to appeals and variances, including justification for issuance or
denial; and records of enforcement actions taken pursuant to this Ordinance and the
flood resistant construction requirements of the Florida Building Code. These records
shall be available for public inspection at City Hall of the City of Sanford by making a
request to the office of the City Clerk whose address is 300 North Park Avenue,
Sanford, Florida 32771.
SECTION 104 PERMITS
104.1 Permits required. Any owner or owner's authorized agent (hereinafter
"applicant") who intends to undertake any development activity within the scope of this
Ordinance, 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
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issued until compliance with the requirements of this Ordinance and all other applicable
codes and regulations has been satisfied.
104.2 Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this 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.
104.2.1 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 (Title 44 Code of Federal Regulations 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
Ordinance:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in Section 604.50, Florida
Statutes.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
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(5) Those structures or facilities of electric utilities, as defined in Section 366.02,
Florida Statutes, 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 but 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), Florida Statutes, are not exempt
from the Florida Building Code if such structures are located in flood hazard areas
established on Flood Insurance Rate Maps.
104.3 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 City of Sanford. 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.
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(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
105 of this Ordinance.
(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.
104.4 Validity of permit or approval. The issuance of a floodplain development permit
or approval pursuant to this Ordinance shall not be construed to be a permit for, or
approval of, any violation of this Ordinance, the Florida Building Codes, or any other
ordinance of the City of Sanford. 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.
104.6 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.
104.6 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 Ordinance or any other ordinance, regulation or requirement of the City of Sanford.
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104.7 Other permits required. Floodplain development permits and building permits
shall include a condition, to the extent that may be authorized by Section 166.033,
Florida Statutes,' 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 St. Johns River Water Management District; Section 373.036, Florida
Statutes.
(2) Florida Department of Health for onsite sewage treatment and disposal systems;
Section 381.0065, Florida Statutes, and Chapter 64E-6, Florida Administrative Code.
(3) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; Section 161.055, Florida Statutes.
(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.
SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
105.1 Information for development in flood hazard areas. The site plan or
construction documents for any development subject to the requirements of this
Ordinance shall be drawn to scale and shall include, as applicable to the proposed
development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base
Section 166.033,Florida Statutes,relates to development permits issued by cities and,in Subsection(4)provides that:
For any development permit application filed with the municipality after July 1,2012,a municipality may not
require as a condition of processing or issuing a development permit that an applicant obtain a permit or
approval from any state or federal agency unless the agency has issued a final agency action that denies the
federal or state permit before the municipal action on the local development permit.
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flood elevation(s), and ground elevations if necessary for review of the proposed
development.
(2) Where base flood elevations, or floodway data are not included on the FIRM or in
the Flood Insurance Study, they shall be established in accordance with Section
105.2(2) or (3) of this Ordinance.
(3) Where the parcel on which the proposed development will take place will have
more than 50 lots or is larger than 5 acres and the base flood elevations are not
included on the FIRM or in the Flood Insurance Study, such elevations shall be
established in accordance with Section 105.2(1) of this Ordinance.
(4) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the fill
areas; and evidence that the proposed fill areas are the minimum necessary to achieve
the intended purpose.
(7) Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this Ordinance but that are
not required to be prepared by a registered design professional if it is found that the
nature of the proposed development is such that the review of such submissions is not
necessary to ascertain compliance with this Ordinance.
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105.2 Information in flood hazard areas without base flood elevations
(approximate Zone A). Where flood hazard areas are delineated on the FIRM and
base flood elevation data have not been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to
obtain and use base flood elevation and floodway data available from a federal or state
agency or other source.
(3) Where base flood elevation and floodway data are not available from another
source, where the available data are deemed by the Floodplain Administrator to not
reasonably reflect flooding conditions, or where the available data are known to be
scientifically or technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
(b) Specify that the base flood elevation is two feet (2) above the highest
adjacent grade at the location of the development, provided there is no evidence
indicating flood depths have been or may be greater than two feet (2).
(4) Where the base flood elevation data are to be used to support a Letter of Map
Change from FEMA, advise the applicant that the analyses shall be prepared by a
Florida licensed engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay all required
processing fees.
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105.3 Additional analyses and certifications. As applicable to the location and
nature of the proposed development activity, and in addition to the requirements of this
section, the applicant shall have the following analyses signed and sealed by a Florida
licensed engineer for submission with the site plan and construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a
floodway encroachment analysis that demonstrates that the encroachment of the
proposed development will not cause any increase in base flood elevations; where the
applicant proposes to undertake development activities that do increase base flood
elevations, the applicant shall submit such analysis to FEMA as specified in Section
105.4 of this Ordinance and shall submit the Conditional Letter of Map Revision, if
issued by FEMA, with the site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area
for which base flood elevations are included in the Flood Insurance Study or on the
FIRM and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not
increase the base flood elevation more than one (1) foot at any point within the City of
Sanford. This requirement does not apply in isolated flood hazard areas not connected
to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone
AH.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance
with standard engineering practices which demonstrates that the flood-carrying capacity
of the altered or relocated portion of the watercourse will not be decreased, and
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certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood-carrying capacity; the applicant shall submit the analysis
to FEMA as specified in Section 105.4 of this Ordinance.
105.4 Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an
application, the applicant has the right to seek a Letter of Map Change from FEMA to
change the base flood elevations, change floodway boundaries, or change boundaries
of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such
purposes. The analyses shall be prepared by a Florida licensed engineer in a format
required by FEMA. Submittal requirements and processing fees shall be the
responsibility of the applicant.
SECTION 106 INSPECTIONS
106.1 General. Development for which a floodplain development permit or approval is
required shall be subject to inspection.
106.1.1 Development other than buildings and structures. The Floodplain
Administrator shall inspect all development to determine compliance with the
requirements of this Ordinance and the conditions of issued floodplain development
permits or approvals.
106.1.2 Buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities exempt
from the Florida Building Code to determine compliance with the requirements of this
Ordinance and the conditions of issued floodplain development permits or approvals.
106.1.2.1 Buildings, structures and facilities exempt from the Florida Building
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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 Floodplain Administrator:
(1) If a design flood elevation was used to determine the required elevation of the
lowest floor, the certification of elevation of the lowest floor prepared and sealed by a
Florida licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 105.2(3)(b) of this Ordinance, the
documentation of height of the lowest floor above highest adjacent grade, prepared by
the owner or the owner's authorized agent.
106.1.2.2 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 Floodplain Administrator 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 106.1.2.1 of this Ordinance.
106.1.3 Manufactured homes. The Floodplain Administrator shall inspect
manufactured homes that are installed or replaced in flood hazard areas to determine
compliance with the requirements of this Ordinance and the conditions of the issued
permit. Upon placement of a manufactured home, certification of the elevation of the
lowest floor shall be submitted to the Floodplain Administrator.
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SECTION 107 VARIANCES AND APPEALS
107.1 General. The Planning and Zoning Commission shall hear and decide on
requests for appeals and requests for variances from the strict application of this
Ordinance. Pursuant to Section 553.73(5), Florida Statutes, the Planning and Zoning
Commission 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.
107.2 Appeals. The Planning and Zoning Commission 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 Ordinance.
Any person aggrieved by the decision may appeal such decision to the Circuit Court, as
provided by controlling Florida law.
107.3 Limitations on authority to grant variances. The Planning and Zoning
Commission shall base its decisions on variances on technical justifications submitted
by applicants, the considerations for issuance in Section 107.6 of this Ordinance, the
conditions of issuance set forth in Section 107.7 of this Ordinance, and the comments
and recommendations of the Floodplain Administrator and the Building Official. The
Planning and Zoning Commission has the right to attach such conditions as it deems
necessary to further the purposes and objectives of this Ordinance.
107.3.1 Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would result, as
evidenced by the applicable analyses and certifications required in Section 105.3 of this
Ordinance.
2 2 cf e
107.4 Historic buildings.2 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 11, 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.
107.5 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 Ordinance, provided the variance meets the
requirements of Section 107.3.1, is the minimum necessary considering the flood
hazard, and all due consideration has been given to use of methods and materials that
minimize flood damage during occurrence of the base flood.
107.6 Considerations for issuance of variances. In reviewing requests for variances,
the Planning and Zoning Commission shall consider all technical evaluations, all
relevant factors, all other applicable provisions of the Florida Building Code, this
Ordinance, and the following:
2 See,Schedule"S"of the City's Land Development Regulations which provide for the jurisdiction of the Historic Preservation
Board and related regulatory matters in the context of overlay zoning requirements.
23 ( r ^ ' e
(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
City of Sanford;
(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.
107.7 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
24 ► P - 7 e
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this Ordinance or the required elevation standards;
(2) Determination by the Planning and Zoning Commission 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;
(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 for $100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
25 7P _ ,. .
SECTION 108 VIOLATIONS; PENALTIES; ENFORCEMENT
108.1 Violations. Any development that is not within the scope of the Florida Building
Code but that is regulated by this Ordinance that is performed without an issued permit,
that is in conflict with an issued permit, or that does not fully comply with this Ordinance,
shall be deemed a violation of this Ordinance. A building or structure without the
documentation of elevation of the lowest floor, other required design certifications, or
other evidence of compliance required by this Ordinance or the Florida Building Code is
presumed to be a violation until such time as that documentation is provided.
108.2 Authority. For development that is not within the scope of the Florida Building
Code but that is regulated by this Ordinance and that is determined to be a violation, the
Floodplain Administrator is authorized to serve notices of violation or stop work orders
to owners of the property involved, to the owner's agent, or to the person or persons
performing the work.
108.3 Unlawful continuance; violations. Any person who shall continue any work
after having been served with a notice of violation or a stop work order, except such
work as that person is directed to perform to remove or remedy a violation or unsafe
condition, or who otherwise violates the provisions of this Ordinance shall be subject to
penalties as prescribed by controlling Florida law and as set forth in Section 1.7 of the
City Code.3 The City may enforce the provisions of this Ordinance by any means
3 Which provision reads as follows:
Sec. 1-7.-General penalty;recoupment of costs incurred by the City.
(a) Unless otherwise provided in this Code or controlled by state or federal law, violation of or failure to
comply with any provision of this Code shall constitute an offense against the City, and where no specific
penalty is provided therefor shall subject the offender,upon conviction,to a fine of not to exceed$500.00,or
imprisonment for a period of not to exceed 60 days,or both such fine and imprisonment or such other penalty
as may be provided in this Code arising from the code enforcement processes and procedures of the City.
(b) Any condition caused or permitted to exist in violation of any of the provisions of this Code or any
26
available to the City under the City Code or as may be available under the controlling
provisions of Federal or State law. The City Manager, in conjunction with the City
Attorney, is authorized to direct the pursuit of any legal remedy available under
controlling State Law.
ARTICLE 11 DEFINITIONS
SECTION 201 GENERAL
201.1 Scope. Unless otherwise expressly stated, the following words and terms shall,
for the purposes of this Ordinance, have the meanings shown in this Section.
201.2 Terms defined in the Florida Building Code. Where terms are not defined in
this Ordinance and are defined in the Florida Building Code, such terms shall have the
meanings ascribed to them in the Florida Building Code.
201.3 Terms not defined. Where terms are not defined in this Ordinance or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the context
implies.
SECTION 202 DEFINITIONS
Alteration of a watercourse. A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or
the channel capacity, or any other form of modification which may alter, impede, retard
ordinance of the City shall be deemed a public nuisance and shall be subject to abatement by the City
utilizing any remedy available under law.
(c)Each and every act, action or thing done in violation of the provisions of this Code,or any ordinance of
the City,shall be construed,deemed and taken as a separate and distinct violation of such provisions of this
Code, and in every event that a violation of this Code or any of the provisions of this Code shall continue,
each day of such continuance shall be deemed,construed and taken as a separate and distinct violation of the
provisions of this Code.
(d)It is the intent of the City to recoup from the responsible party or parties all costs and expenses incurred
by the City arising from code enforcement actions and other processes, such as, by way of example only,
nuisance abatement activities of the City.
27 g e,
or change the direction and/or velocity of the riverine flow of water during conditions of
the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any
provision of this Ordinance.
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, Virginia..
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any
given year. [Also defined in the Florida Building Code, Building, Section 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 the
Florida Building Code, Building, Section 1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on
all sides. [Also defined in the Florida Building Code, Building, Section 1612.2.]
Design flood. The flood associated with the greater of the following two areas: [Also
defined in the Florida Building Code, Building, Section 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 City of Sanford's flood hazard map,
or otherwise legally designated.
2 8
Design flood elevation. The elevation of the "design flood," including wave height,
relative to the datum specified on the City of Sanford'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
2 feet. [Also defined in the Florida Building Code, Building, Section 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.
Encroachment. The placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity
of riverine flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the
"start of construction" commenced before September 17, 1980. [Also defined in the
Florida Building Code, Building, Section 1612.2.]
Existing manufactured home park or subdivision. 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 before September 17, 1980.
Expansion to an existing manufactured home park or subdivision. The
29 I
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).
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 the Florida Building Code, Building, Section
1612.2.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
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 the Florida Building Code, Building,
Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in the Florida
Building Code, Building, Section 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 City of Sanford's flood hazard
map, or otherwise legally designated.
Flood Insurance Rate Map (FIRM).The official map of the City of Sanford on which the
Federal Emergency Management Agency has delineated both special flood hazard
30 -. e
areas and the risk premium zones applicable to the City of Sanford. [Also defined in the
Florida Building Code, Building, Section 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 the Florida Building Code, Building, Section
1612.2.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this Ordinance (may be referred to as the Floodplain
Manager).
Floodplain development permit or approval. An official document or certificate
issued by the City of Sanford, 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 Ordinance.
Floodway. The channel of a river or other riverine 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 one (1) foot. [Also defined in the
Florida Building Code, Building, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a
proposed encroachment into a floodway is expected to have on the floodway
boundaries and base flood elevations; the evaluation shall be prepared by a qualified
Florida licensed engineer using standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building
31
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.
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
11 Historic Buildings.
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
32 e
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 City
of Sanford'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 Title 40 Code of Federal Regulations 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.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure,
33
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
the Florida Building Code, Building, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight
(8) feet or more in width and greater than four hundred (400) square feet, and which is
built on a permanent, integral 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" or "park trailer." [Also defined in 15C-
1.0101, Florida Administrative Code.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Market value. 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 Ordinance, the term refers to
the market value of buildings and structures, excluding the land and other
improvements on the parcel. 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.
New construction. For the purposes of administration of this Ordinance and the flood
resistant construction requirements of the Florida Building Code, structures for which
34
the "start of construction" commenced on or after September 17, 1980 and includes any
subsequent improvements to such structures.
New manufactured home park or subdivision. 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 September 17, 1980.
Park trailer. A transportable unit which has a body width not exceeding fourteen (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 section 320.01, Florida Statutes].
Recreational vehicle. A vehicle, including a park trailer, which is: [see in Section
320.01, Florida Statutes).
(1) Built on a single chassis;
(2) Four hundred (400) 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.
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, Al-A30, AE, A99, AH, V1430, VE or V. [Also defined in the Florida
Building Code, Building, Section 1612.2.]
35
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, 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 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 the Florida Building Code, Building, Section 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 50 percent of the market value of the building or structure before
the damage occurred. [Also defined in the Florida Building Code, Building, Section
1612.2.] The term also includes flood-related damage sustained by a structure on two
separate occasions during a 10-year period for which the cost of repairs at the time of
each such flood event, on average, equals or exceeds 25 percent of the market value of
the structure before the damage occurred.
_36
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent
of the market value of the building or structure before the improvement or repair is
started. If the structure has incurred "substantial damage," any repairs are considered
substantial improvement regardless of the actual repair work performed. The term does
not, however, include either: [Also defined in the Florida Building Code, Building,
Section 1612.2.]
(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.4
Variance. A grant of relief from the requirements of this Ordinance, 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 Ordinance or the
Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.
ARTICLE III FLOOD RESISTANT DEVELOPMENT
SECTION 301 BUILDINGS AND STRUCTURES
301.1 Design and construction of buildings, structures and facilities exempt from
4 See,Schedule"S"of the City's Land Development Regulations which provide for the jurisdiction of the Historic Preservation
Board and related regulatory matters in the context of overlay zoning requirements
37 ( - ,
the Florida Building Code. Pursuant to Section 104.2.1 of this Ordinance, buildings,
structures, and facilities that are exempt from the Florida Building Code, including
substantial improvement or repair of substantial damage of such buildings, structures and
facilities, shall be designed and constructed in accordance with the flood load and flood
resistant construction requirements of ASCE 24. Structures exempt from the Florida
Building Code that are not walled and roofed buildings shall comply with the requirements
of Section 307 of this Ordinance.
SECTION 302 SUBDIVISIONS
302.1 Minimum requirements. Subdivision proposals, including proposals for
manufactured home parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around and
away from proposed structures.
302.2 Subdivision plats. Where any portion of proposed subdivisions, including
manufactured home parks and subdivisions, lies within a flood hazard area, the
following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and
design flood elevations, as appropriate, shall be shown on preliminary plats;
38 _
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and base
flood elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 105.2(1) of this Ordinance; and
(3) Compliance with the site improvement and utilities requirements of Section 303
of this Ordinance.
SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
303.1 Minimum requirements. All proposed new development shall be reviewed to
determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around and
away from proposed structures.
303.2 Sanitary sewage facilities. All new and replacement sanitary sewage facilities,
private sewage treatment plants (including all pumping stations and collector systems),
and on-site waste disposal systems shall be designed in accordance with the standards
for onsite sewage treatment and disposal systems in Chapter 64E-6, Florida
Administrative Code, and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into flood waters, and
impairment of the facilities and systems.
303.3 Water supply facilities. All new and replacement water supply facilities shall be
39 1 ) e
designed in accordance with the water well construction standards in Chapter 62-
532.500, Florida Administrative Code, and ASCE 24 Chapter 7 to minimize or eliminate
infiltration of floodwaters into the systems.
303.4 Limitations on sites in regulatory floodways. No development, including but
not limited to site improvements, and land disturbing activity involving fill or regrading,
shall be authorized in the regulatory floodway unless the floodway encroachment
analysis required in Section 105.3(1) of this Ordinance demonstrates that the proposed
development or land disturbing activity will not result in any increase in the base flood
elevation.
303.5 Limitations on placement of fill. Subject to the limitations of this Ordinance, fill
shall be designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood-related
erosion and scour. In addition to these requirements, if intended to support buildings
and structures (Zone A only), fill shall comply with the requirements of the Florida
Building Code.
SECTION 304 MANUFACTURED HOMES
304.1 General. All manufactured homes installed in flood hazard areas shall be
installed by an installer that is licensed pursuant to Section 320.8249, Florida Statutes,
and shall comply with the requirements of Chapter 15C-1, Florida Administrative Code,
and the requirements of this Ordinance.
304.1.1 Limitations on installation in floodways. New installations of manufactured homes
shall not be permitted in floodways.
304.2 Foundations. All new manufactured homes and replacement manufactured
homes installed in flood hazard areas shall be installed on permanent, reinforced
40 1 -; �t
foundations that are designed in accordance with the foundation requirements of the
Florida Building Code Residential Section R322.2 and this Ordinance. Foundations for
manufactured homes subject to 304.4.2 are permitted to be reinforced piers or other
foundation elements of at least equivalent strength.
304.3 Anchoring. All new manufactured homes and replacement manufactured homes
shall be installed using methods and practices which minimize flood damage and shall
be securely anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement. Methods of anchoring include, but are not limited to, use
of over-the-top or frame ties to ground anchors. This anchoring requirement is in
addition to applicable state and local anchoring requirements for wind resistance.
304.4 Elevation. Manufactured homes that are placed, replaced, or substantially
improved shall comply with Section 304.4.1 or 304.4.2 of this Ordinance, as applicable.
304.4.1 General elevation requirement. Unless subject to the requirements of Section
304.4.2 of this Ordinance, all manufactured homes that are placed, replaced, or
substantially improved on sites located: (a) outside of a manufactured home park or
subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to
an existing manufactured home park or subdivision; or (d) in an existing manufactured
home park or subdivision upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall be elevated such that the bottom of the frame is
at or above the elevation required, as applicable to the flood hazard area, in the Florida
Building Code, Residential Section R322.2 (Zone A).
304.4.2 Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to Section 304.4.1 of this
41
Ordinance, including manufactured homes that are placed, replaced, or substantially
improved on sites located in an existing manufactured home park or subdivision, unless
on a site where substantial damage as result of flooding has occurred, shall be elevated
such that either the:
(1) Bottom of the frame of the manufactured home is at or above the elevation
required in the Florida Building Code, Residential Section R322.2 (Zone A); or
(2) Bottom of the frame is supported by reinforced piers or other foundation
elements of at least equivalent strength that are not less than 60 inches in height above
grade.
304.5 Enclosures. Enclosed areas below elevated manufactured homes shall comply
with the requirements of the Florida Building Code, Residential Section R322.2 for such
enclosed areas.
304.6 Utility equipment. Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities, shall comply with the requirements of the Florida Building Code, Residential
Section R322.
SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILER
306.1 Temporary placement. Recreational vehicles and park trailers placed
temporarily in flood hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the site only by
quick-disconnect type utilities and security devices, and has no permanent attachments
4 2 1 _� -
such as additions, rooms, stairs, decks and porches.
305.2 Permanent placement. Recreational vehicles and park trailers that do not meet
the limitations in Section 305.1 of this Ordinance for temporary placement shall meet
the requirements of Section 304 of this Ordinance for manufactured homes.
SECTION 306 TANKS
306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty.
306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of Section 306.3 of this Ordinance shall be permitted in flood
hazard areas provided the tanks are anchored or otherwise designed and constructed
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty and the effects of flood-borne debris.
306.3 Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall
be attached to, and elevated to or above, the design flood elevation on a supporting
structure that is designed to prevent flotation, collapse or lateral movement during
conditions of the design flood. Tank-supporting structures shall meet the foundation
requirements of the applicable flood hazard area.
306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions of the
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design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the design
flood.
SECTION 307 OTHER DEVELOPMENT
307.1 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 Ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 303.4 of this Ordinance if located in a regulated
floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the design
flood;
(4) Be constructed of flood damage-resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood
elevation or meet the requirements of ASCE 24, except that minimum electric service
required to address life safety and electric code requirements is permitted below the
design flood elevation provided it conforms to the provisions of the electrical part of
building code for wet locations.
307.2 Fences in regulated filoodways. Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh
fences, shall meet the limitations of Section 303.4 of this Ordinance.
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307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining
walls and sidewalks and driveways that involve the placement of fill in regulated
floodways shall meet the limitations of Section 303.4 of this Ordinance.
307.4 Roads and watercourse crossings in regulated floodways. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and
similar means for vehicles or pedestrians to travel from one side of a watercourse to the
other side, that encroach into regulated floodways shall meet the limitations of Section
303.4 of this Ordinance. Alteration of a watercourse that is part of a road or watercourse
crossing shall meet the requirements of Section 105.3(3) of this Ordinance.
Section 3. Technical amendments to Florida Building Code.
(a). The Florida Building Code, Building, is hereby amended by the following
technical amendments.
(1). 1612.4.1 Elevation requirements.
The minimum elevation requirements shall be as specified in ASCE 24 or the
base flood elevation plus 2 feet (610 mm), whichever is higher.
(2). Change the definitions as follows:
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 50
percent of the market value of the structure before the damage occurred. The term also
includes flood-related damage sustained by a structure on two separate occasions
during a 10-year period for which the cost of repairs at the time of each such flood
event on average equals or exceeds 25 percent of the market value of the structure
before the damage occurred.
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(b). The Florida Building Code, Residential, is hereby amended by the
following technical amendments.
(2). R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal
A Zones shall have the lowest floors elevated to or above the base flood elevation plus
2 feet or the design flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A
Zones shall have the lowest floors elevated to or above the base flood elevation plus 2
feet I foot (305 mrn), or to the design flood elevation, whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall
have the lowest floor (including basement) elevated at least as high above the highest
adjacent grade as the depth number specified in feet on the FIRM plus 2 feet, or at least
4 feet 2 feet (610 mm) if a depth number is not specified.
4. Basement floors that are below grade on all sides shall be elevated to or
above the base flood elevation plus 2 feet or the design flood elevation, whichever is
higher.
Exception: Enclosed areas below the design flood elevation, including
basements whose floors are not below grade on all sides, shall meet the requirements
of Section R322.2.2.
(c). The Florida Building Code, Existing Building, is hereby amended by the
following technical amendments.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure
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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.
The term also includes flood-related damage sustained by a structure on two separate
occasions during a 10-year period for which the cost of repairs at the time of each such
flood event, on average, equals or exceeds 25 percent of the market value of the
structure before the damage occurred.
(d). All other provisions of the Florida Building Code as previously adopted by
the City of Sanford including, but not limited to, any technical amendments thereto, are
hereby ratified and affirmed.
Section 4. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to include, but not be limited to, the adoption of administrative rules. Fees shall
be assessed in accordance with fee resolutions, as adopted from time-to-time, by the
City Council; provided, however, that, in the event that a particular activity or function
does not have a specific designated fee associated therewith, the City Manager may
promulgate a fee for such activity or function and such imposition shall be reported to
the City Commission and included in the appropriate fee resolution as soon as
practicable.
Section 5. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford relating to floodplain management, the
implementation of the Florida Building Code and associated regulation of such matters,
as well as any and all related matters and processes and procedures of the City
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pertaining thereto, are hereby ratified and affirmed.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise to be invalid, unlawful, or
unconstitutional.
Section 8. Codification.
(a). This Ordinance shall be codified, as determined to be appropriate by the
Code codifier.
(b). The sections, divisions, etc., and provisions of this Ordinance may be
renumbered or re-lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
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Section 9. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 11th day of January, 2016.
Attest. City Commission of the City of
Sanford, Florida
Cynt 'a Porter, City Clerk Jeff Triplett, M y
For use and reliance of the Sanford
City Commission only.
Approved as to form alegalit i m . Col ert, Ci
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