HomeMy WebLinkAbout1374 ORDINANCE NO. 1374
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA°
AMENDING ARTICLE V OF CHAPTER 6 OF THE CODE
OF THE CITY OF SANFORD, FLORIDA, SAID ORDINANCE
ADOPTING CERTAIN LAND USE REGULATIONS TO
PROVIDE FOR THE PROTECTION OF STRUCTURES AND
INHABITANTS FROM THE DANGER OF FLOODING IN THE
CITY OF SAN FORD, FLORIDA, SAID AMENDMENT ADDING
REQUIREMENTS FOR MOBILE HOMES IN FLOOD PRONE
AREAS, REQUIRING THE ISSUANCE OF PERMITS FROM
STATE AND FEDERAL AGENCIES BEFORE THE ISSUANCE
OF LOCAL PERMITS; REQUIRING BASE FLOOD ELEVATION
INFORMATION FOR ALL SUBDIVISION PROPOSALS AND
OTHER PROPOSED DEVELOPMENTS WHICH ARE GREATER
THAN FIFTY LOTS OR FIVE ACRES, WHICHEVER IS LESSER;
PROVIDING THAT THE AMENDED ARTICLE SHALL TAKE
PRECEDENT OVER EXISTING BUILDING AND ZONING
ORDINANCES AND REGULATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commissioners of Sanford, Florida recognize
that there is a need to amend Article V of Chapter 6 of the Code of the City
of Sanford, Florida, said Article setting forth flood protection regulations,
in accordance with the provisions as herelnafter set forth, and
WHEREAS, the City Commissioners of Sanford, Florida recognize
that there is a public need for flood insurance, and that it is in the best
interest of the citizens of Sanford, Florida and necessary for the protection
of the life and property of said citizens from water damage, to identify
flood-prone areas and implement related land use controls, and
WHEREAS, the private insurance industry has been unable to
satisfactorily provide for the insurance needs of the flood-prone areas
within the City of Sanford, Florida, and the Federal Flood Insurance
Program has been established under federal law, under the administration
of the Department of HousLug and Urban Development, and
WHEREAS, the Federal Flood Insurance Program subsidizes flood
insurance in certain designated areas in which the local government
adopts certain use regulations and construction standards established by
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the Department of Housing and Urban Development, and portions of the
City of Sanford have been designated as flood-prone areas and are
therefore eligible to participate in the Federal Flood Insurance Program.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE
CITY OF SAN FORD, FLORIDA, THAT ARTICLE V OF CHAPTER 6 OF
SANFORD CITY CODE IS HEREBY AMENDED TO READ AS FOLLOWS:
SECTION I. Purpose and Intent. The purpose of this Ordinance is
to provide for adequate, minkmum standards and procedures for the cons-
truction of new residential and non-residential structures, including
prefabricated and mobile homes, and for such structures that are sub-
stant[ally improved so that such structures can be eligible for insurance
under the Federal Flood Insurance Program and so that the construction
of such structures w~ll be in conformity with recognized construction
technique designed to offer flood protection,
SECTION 2. Definitions. For the purpose of this Ordinance the
following defInKt[ons shall apply in the Knterpretation, enforcement and
intent of this Ordinance. When not inconsistent with the context, words
used ~n the present tense include the future, words in the plural number
include the singular, and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
A. "Area of Special Flood Hazard". The land [n the flood plain
w~thin a community subject to a one percent or greater chance of
flooding in any given year. The area may be designated as Zone A
on the FHBM.
B. Building Permit: The permit as required by Section 106.1
of the latest edition of the Standard Buildkng Code.
C. "Base flood". The flood having a one percent chance of
being equalled or exceeded in any given year.
D. "Flood" or "Flooding'l.
A general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff
of surface waters from any source.
E. "Flood Hazard Boundary Map". (FHBM) An official map
of a community issued by the Administrator, where the boundaries
of the flood, areas having spe. cial hazards have been designated as
Zone A; Mo and/or E.
F. "Flood Insurance Rate Map". (Firm) An official map of a
community on which the Administrator has delIneated both the special
hazard areas and the risk premium zones applicable to the community.
G. "Floodproofing". Any combination of structural and non-
structural additions, changes, or adjustments to structures which
reduce or elirn[nate flood damage to real estate or Lrnproved real
property, water and sanitary facilities, structures and their contents.
Any person who attempts to use flood proofing techniques in order
to satisfy requirements of this ordinance shall provide the Sanford,
Florida Building Official with a certification from a professional
engineer, who is registered in the State of Florida, that said
structure is flood proofed, or has adequate flood proofing provisions
designed within said structure,
H. "Habitable Floor". Any floor usable for living purposes,
which includes working, sleeping, eating, cooking or recreation,
or a comb[nat[on thereof. A floor used only for storage purposes is
not a "Habitable Floor".
I. "Mobile Home". A structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
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required utilities. It does not include recreational vehicles or
travel trailers.
J. "Structure". FOr flood plain management purp6ses, a
walled and roofed building, including a gas or liquid storage tank,
that is principally above Found, as well as a mobile home.
"Structure" for insurance coverage purposes, means a walled and
roofed building, other than a gas or liquid storage tank, that is
principally above ground and affixed to a permanent site, aS well
as a mobile home on foundation. For the latter purpose, the term
includes a building while: in the course of construction, alteration
or repair, but does no~ include building materials or supplies
intended for use ha such construction, alteration or repair, unless
such materials or supplies are within an enclosed building on the
prem is e s.
K, "Substantial Improvement". Any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either, (a) before
the improvement or repair is started, or (b) if the structure has been
damaged, and is being restored, before the damage occurred. For
the purposes of this definition "substantial improvement" is consi-
dered to occur when the first alteration of any wall, ceiling, floor,
or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure. The
term does not, however, include either (1) any project for Lrnprove-
merit of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary
to assure safe living conditions or (2) any alteration of a structure
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listed on the National Register of Historic Places or a State
Inventory of Historic Places.
SECTION 3. Adoption of Flood Hazard Boundary Map. The flood
Hazard Boundary Map, [ncludhug the Zone designation of said map and all
explanatory material noted thereon, is hereby incorporated into this
Ordinance by reference in its entirety. Said map shall be kept in the
custody of that individual delegated the administrative responsibility by
the City of Sanford for the approval and issuance of building permits. Said
map shall be referred to for a determination of the flood prone areas within
the City limits of Sanford, Florida, under the provisions of this Ordinance.
SECTION 4. Proposed Development Review: Assure that all necessary
permits have been received from those governmental agencies from which
approval is required by Federal or State law, including section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
SECTION 5. Building Permit Application Reviewed Prior to Issuance.
WRh[n those areas of Sanford, Florida designated as Special Flood Hazard
areas by the Flood Map, all building permit applications for new construction
or substantial improvement of residential and non-residential structures
including prefabricated and mobile homes shall be reviewed to assure that
the proposed construction shall:
(a) be designed or roodflied and adequately anchored to
prevent flotation, collapse or lateral movement of the
structure, and
(b) use construction materials and utility equipment that
are resistant to flood damage and
(c) use construction methods and practices that will
minimize flood damage.
Any person applying for such permit shall provide the City of Sanford,
Florida Building Offic [al with a certification from a professional
engineer who is registered in the State of Florida, that said structure
has adequate design to meet the minimum requiren~ents.
SECTION 6. Review of Subdivision And Other New Development
Proposals, Within those areas of Sanford, Florida designated as Special
Flood Hazard Areas by the Flood Map, all subdivision and other new
development proposals shall be reviewed to ensure:
(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, elevated and
constructed to minimize or elhninate flood damage.
(e) Adequate draLuage is provided so as to reduce exposure
to flood hazards.
Any person proposing such subdivision or new development shall provide
the City of Sanford Engineer with a certification from a professional
engineer who is registered in the State of Florida, that such subdivision,
or development, has adequate design to meet minimum requirementso
SECTION 7. Review of New or Replacement Water Supply Systems
and/or Sanitary Sewage Systems:
Within those areas of Sanfo~d, Florida designated as special Flood Areas
by the Flood Map, all new and replacement water supply systems and/or
sanitary sewage systems shall be reviewed to ensure they are designed to
minimize, or eliminate, infiltration of flood waters into the systems and
discharges from the system into Flood Waters, and require on-site waste
disposal systems to be located so as to avoid hnpairment of them, or
contam[nat[on from them during flooding. Any person proposing such
system shall provide the City of Sanford Engineer with a certification from
a professional engineer who is registered in the State of Florida, that such
system has adequate design to meet minimum requirements.
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SECTION 8. Review of All Subdivision Proposals. All subdivision
proposals and other proposed new developments greater than 50 lots or
5 acres, whichever is the lesser, include with[n such proposals base flood
elevat[on data.
SECTION 9o Determhnation of Risk Pren~ium Rate. For the purpose
of the determination of applicable flood insurance risk premimm rates within
Zone A on a community's FHBM. (a) Obtain the elevation (in relation to
mean sea level) of the lowest habitable floor (includhlg basement) of all new
or substantially improved structures, and whether or not such structures
contain a basement, (b) obtain, if the structure has been floodproofed, the
elevation (in relation to mean sea level) to which the structure was flood-
proofed, and (c) maintain a record of all such information with the official
designated by the community under 1909.22(a) (9)
SECTION 10. Review of All Available Data. Obtain, review, and
reasonably utilize any base flood elevation data available from a Federal,
S~ate, or other source, until such other data has been provided by the Admi-
nistrator, as criteria for requiring that (a) all new construction and substan-
tial improvements of residential structures have the lowest floor (includhng
basement) elevated to or above the base flood level and (b) all new construc-
tion and substantial improvements of 'nonresidential structures have the
lowest floor (hncluding basement) elevated or floodproofed to or above the
base flood level,
SECTION 11. Review of Mobile Home Application. Within those areas
of Sanford, Florida designated as Special Flood Hazard areas by the Flood
Map all building perrn[t applications for mobile homes or additions to mobile
hmnes shall be reviewed to ensure that the proposed installation shall be
anchored to resist flotation, collapse, or lateral movement by providing
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over-the-top and,flame ties to ground anchors. Specific requirements
shall be that (a) over-the-top ties be provided at each of the four corners
of the mobile home, with two additional ties per side at intermediate
locations and mobile homes less than 50 feet long requiring one additional
tie per side; (b) frame ties be provided at each corner of the home with
five additional ties per side at intermediate points and mobile homes less
than 50 feet long requiring four additional ties per side; (c) all components
of the anchoring system be capable of carrying a force of 4, 800 pounds;
and (d) any additions to the mobile home be sinfilarly anchored.
SECTION 12. Ordinance to Control Conflicting Laws. The provisions
and requirements of this Ordinance shall take precedence over any con-
flicting laws, Ordinances, regulations, or codes, or parts thereof, as
they apply to the City of Sanford, Florida.
SECTION 13. _Severability. In the event any section, sub-section
sentence, clause or phrase contained in this Ordinance shall be declared
or adjudicated to be invalid or unconstitutional by a court of competent
jurisdiction, all the remaining provisions of this Ordinance shall be and
remain in full force and effect.
SECTION 14. All Ordinances or parts of Ordinances in conflict
herewith are, to the extent of such conflict, hereby repealed.
SECTION 15. This Ordinance shall take effect hnmediately upon ~ts
passage and adoption.
PASSED AND ADOPTED this 24th day of January
1977
Atte st:
e
of Sanford, Flor~dao
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of
the foregoing Ordinance No. 1374, PASSED add ADOFrED by the
City Commission of the City of Sanford, Florida, on the 24th
day of January, 1977, was POSTED at the front door of the
City Hall in the City of SanfOrd, Florida, on the 25th day
of January, 1977.
A
City of Sanford, Florida
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