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HomeMy WebLinkAbout1291 ORDINANCE NO. 1291 AN ORDINANCE ADOPTING CERTAIN LAND USE REGULATIONS TO PROVIDE FOR THE PROTECTION OF STRUCTURES AND INHABITANTS FROM THE DANGER OF FLOODING IN THE CITY OF SANFORD, FLORIDA; PROVIDING FOR THE RECORDING OF APPLICABLE MAP ON SPECIAL HAZARD AREAS AND BASE FLOOD ELEVATIONS FOR THE CITY OF SANFORD, FLORIDA; DEFINING CERTAIN TERMS: DESCRIBING THE INTENT, PURPOSE AND OBJECTIVES OF SAID PROGRAM; SETTING FORTH BUILDING PERMIT REQUIREMENTS FOR MAJOR REPAIRS OF RESIDENTIAL AND NON-RESIDENTIAL STRUCTURES; PROVIDING FOR BUILDING PERMIT REQUIREMENTS FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS OF EXISTING RESIDENTIAL AND NON-RESIDENTIAL STRUCTURES; PROVIDING PROCEDURE FOR REVIEW OF SUBDIVISION AND OTHER PROPOSED NEW DEVELOPMENTS; PROVIDING PROCEDURE FOR REVIEW OF NEW OR REPLACEMENT WATER SUPPLY AND/OR SANITARY SEWAGE SYSTEMS; PROVIDING THAT SAID ORDINANCE SHALL TAKE PRECEDENT OVER EXISTING BUILDING AND ZONING ORDINANCES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commissioners of Sanford, Florida recognize 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 Sanfordo Florida, and the Federal Flood Insurance Program has been established under federal law, under the admij~istration of the Depar~nent of Housing 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 the Depar~rnent 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 SANFORD, FLORIDA, AS FOLLOWS: SECTION 1. Purpose and Intent. The purpose of this Ordinance is to provide for adequate, minirnum standards and procedures for the construction of new residential and non-residenti~l structures, including prefabricated and mobile homes, and for such structures that are substantially improved so that such structures can be eligible for insurance under the Federal Flood Insurance Program and so that the construction of such structures will be in conformity with recognized construction technique designed to offer flood protection. SECTION 2. Definitions. For the purpose of this Ordinance the following definitions shall apply in the interpretation, enforcement and intent of this Ordinance. When not inconsistent with the contex-~, words used in the present tense include the future, words in the plural number include the singular, and words in the sbagular num'ber include the plural. The word "shall" is always mandatory and not merely directory. A. Building Permit: The permit as required by Section 106.1 of the latest edition of the Southern Standard Building Code. B. Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, or other inland water, resulting from severe storms or hurricanes. C. Flood Map or Flood Hazard Boundary Map: The map of various areas of Sanford, Florida which was prepared by the City of Sanford0 Florida and approved by the Department of Housing and Urban Development. Said map, dated August 16, 1974, depicts each special flood hazard area. -2- D. Flood Proofing: Those adjustments to properties° structures and building contents which are designed or adapted pr[rnarily to reduce flood damages to lands, potable water and sanitary facilities and structures. shall include structural and non-structural additions° changes, and engineerLug techniques which seal structures and keep them free from encroachment of flood water. Any person who attempts to use Hoodproofing techniques in order to satisfy requirements of this Ordinance shall provide the Sanford, FlorKda Building Official with a certification from a professional engineer, who registered in the State of Florida, that said structure is flood proofed or has adequate flood proofing provisions designed within said structure. E. Level of 100-Year Flood: The highest level of flooding that, on the average is Hkely to occur once every 100 years (or has a one-percent chance of occuring each year). F. 'Substantial Improvement: Any repair, reconstruction or Improvement of a structure, the cost of which equals or exceeds fifty- percent (50%) of the assessed value of the structure either before the Improvement is started, or ff the structure has been damaged and is being restored, before the damage occurred. Su'bstantial Improvement is commenced when the f~rst alteration of any structural part of the 'building begun. SECTION 3. Adoption of Flood Hazard Boundary Map. The Flood Hazard Boundary Map, including the Zone designation of said map and all explanatory material noted thereon, Ks hereby incorporated into this Ordinance by reference in it's 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. Building Permit Application Review for Major Repairs: Within those areas of Sanford, Florida designated as special flood hazard areas by the Flood Map, all Building Permit applications for major repairs of residential and non-residential structures shall be reviewed to assure that the proposed construction shall: (a) Use construction materials and utility equipment that are resistant to flood damage. (b) Use construction methods and practices that will minLmize flood damage. Any person applying for such permit shall provide the City of SaD_ford Building Official with a certification from a professional engineer who is registered in the S~a~e of Florida, that said structure has adequate design to meet the minhrnum requirements. SECTION 5. Building Permit Application Reviewed Prior to Issuance. Within those areas of Sanford, Florida designated as Special Flood Hazard areas by the Flood Map, all building pel'rnit 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 protected against flood damage; and (b) be designed or modLfied and anchored to prevent flotation, collapse or lateral movement of the structure° and (c) use construction materials and utility equipment that are resistant to flood damage and (d) use construction methods and practices that will minimize flood damage. Any person applying for such permit shall provide the City of Sanford, Florida Building Official with a certification fron~ a professional engineer who is registered hi the State of Florida, that said structure has adequate design to meet the mDahnum requirements. 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. (b) All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage. (c) Adequate drainage 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 frown a professional engineer who is registered in the State of Florida, that such subdivision, or development, has adequate design to meet minkhum requirements. SECTION 7. Review of New or Replacement Water Supply Systems And/ Or Sanitary Sewage Systems: Within those areas of 'Sanford, Florida designated as special Flood Areas 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 impairment of them, or contamination 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. SECTION 8. Ordinance to Control Conflicting Laws. The provisions and requirements of this Ordinance shall take precedence over any conflicting -5- laws, Ordinances, regulations, or codes, or parts thereof, as they apply to the C~ty of Sanford, Florida. SECTION 9, SeverabKlityo In the event any section, sub-section, sentence, clause or phrase contahyed in th~s Ordinance shall Be declared or adjudicated to be ~vaHd or unconst~t~onal by a c~rt of competent ~ur~sd~ct~on, all the rema~nE provisions of th~s Ordnance shall be and rema~ ~n fur force ~d effect. SECTION 10. AH Ord~ances or parts of Ord~ances ~ collect herewith are, to the e~ent of such co~ict, hereby repealed. SECTION ~L Th~s Ordnance shall take effect ~med~ateIy upon ~ts passage ~d adoption. PASSED AND ~OPTED this 14th day of April , 1975 Attest: Mayor As the City C~m[~f the City of Sa~ord, Florida. 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 Ordi- nance No. 1291, PASSE~ and ADOPTED by the City Commission of the City of Sanford, Florida, on the 14th day of April, 1975, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 15~h day of April, 1975.