4210 Floodplain MgmtOrdinance No. 4210
An Ordinance of the City of Sanford, Florida providing for floodplain
management; substantially amending the provisions of Article II,
Chapter 46, Code of Ordinances of the City of Sanford; providing for
legislative findings and intent; providing for the taking of
implementing administrative actions; providing for a savings
provision; providing for conflicts; providing for severability;
providing for codification and providing for an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Amendments to Article II, Chapter 46, Code of Ordinances of the
City of Sanford. The following sections of the provisions of Article II, Chapter 46, Code
of Ordinances of the City of Sanford are amended to read as follows (the entirety of the
Article is set forth for the sake a readability and clarity with minor editorial changes as
permitted in Section 1 -10 of the Code of Ordinances of the City of Sanford):
Sec. 46 -31. Statutory authorization.
The City Commission of the City of Sanford, Florida has the power and authority to
enact ordinances relating to floodolain management and control under the controlling
provisions of State law such as, by way of example only, the provisions of Article VIII,
Section 2 of the Constitution of the State of Florida and the provisions of Chapter 166,
Florida Statutes, and other controlling law.
Sec. 46 -32. Findings of fact.
(a) The flood hazard areas of the City of Sanford are subject to periodic inundation,
which results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
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protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities, and by the occupancy in
flood hazard areas by uses vulnerable to floods or hazardous to other lands which are
inadequately elevated, flood - proofed, or otherwise unprotected from flood damages.
Sec. 46 -33. Legislative intent.
It is the purpose of this article to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(a) Protect human life, health, safety and welfare;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, roadways, and bridges and culverts located in
floodplains;
(f) Help maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize flood blight areas; and
(g) Insure that potential homebuyers are notified that property is in a flood hazard area.
Sec. 46 -34. Methods of reducing flood losses.
In order to accomplish its purpose, this article includes methods and provisions for:
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(a) Restricting or prohibiting uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases in erosion or in
flood heights or velocities;
(b) Requiring that uses vulnerable to floods including but not limited to, facilities which
serve such uses be protected against flood damage throughout their intended life span;
(c) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
(d) Controlling filling, grading, dredging, and other development which may increase
flood damage; and
(e) Preventing or regulating the construction of flood barriers that will unnaturally divert
flood waters or may increase
flood hazards in other areas.
Sec. 46-35. Definitions.
Unless specifically defined below, words or phrases used in this article shall be
interpreted so as to give them the meaning they have in common usage and to give this
article its most reasonable application.
Accessory structure (appurtenant structure) F neans _a structure that is located on the
same parcel of property as the principal structure and the use of which is incidental to
the use of the principal structure. Accessory structures should constitute a minimal
investment, may not be used for human habitation, and be designed to have minimal
flood damage potential. Examples of accessory structures are detached garages,
carports, storage sheds, pole barns, and hay sheds.
Addition (to an existing building) F = any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common loadbearing wall
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other than a firewall. Any walled and roofed addition which is connected by a firewall or
is separated by independent perimeter loadbearing walls constitutes is new
construction.
Appeal Fnea„s - a request for a review of the city's interpretation of any provision of this
article or section thereof or a request for a variance.
Area of shallow flooding _ a designated AO or AH zone on the community's
flood insurance rate map (FIRM) with base flood average depths of one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized
by sheet flow or ponding.
Area of special flood hazard -is = the land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year. The term "special flood
hazard area ", for purposes of these regulations, is synonymous with the phrase "area of
special flood hazard.
Base flood aneaas _ the flood having a one percent chance of being equaled or
exceeded in any given year (also called the "100 year flood" and the "regulatory flood ").
Base flood is the term used throughout this article.
Base Flood Elevation (BFE) - a determination of the water surface elevations of the
base flood as published in the Flood Insurance Study. When the BFE has not been
provided in a "Special Flood Hazard Area" it may be obtained from engineering studies
from a Local Federal. State, or other source.
Basement Fneaas _ any area of a building having its floor sub -grade (below ground
level) on all sides.
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Building aneaRs - any structure built for support, shelter, or enclosure for any occupancy
or storage.
Building permit Fneaas _ the permit as required by the Florida Building Code.
Certification Fneaes _ a certification by a registered professional engineer or other party
does not constitute a warranty or guarantee of performance, expressed or implied.
Certification of data is a statement that the data is accurate to the best of the certifier's
knowledge. Certification of analyses is a statement that the analyses have been
performed correctly and in accordance with sound engineering practices. Certification of
structural works is a statement that the works are designed in accordance with sound
engineering practices to provide protection from the base flood. Certification of "as built"
conditions is a statement that the structure(s) has been built according to the plans
being certified, is in place, and is fully functioning.
Critical facility aneafle _ a facility for which even a slight chance of flooding might be too
great. Critical facilities include, but are not limited to schools, nursing homes, hospitals,
police, fire and emergency response installations, installations which produce, use or
store hazardous materials or hazardous waste.
Datum ,meaRS - a reference surface used to ensure that all elevation records are
properly related. Many communities have their own datum that was developed before
there was a national standard. The current national datum is the National Geodetic
Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the
North American Vertical Datum (NAVD) of 1988.
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Development aneaas _ any man -made change to improved or unimproved real estate,
including, but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavating, drilling operations, or storage of materials or equipment.
Elevated building Fneans _ a non - basement building built to have the lowest floor
elevated above the ground level by foundation walls, shear walls, posts, piers, pilings,
or columns.
Encroachment FneaRG _ the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain, which
may impede or alter the flow capacity of a floodplain.
Existing construction Fneaas _, for floodplain management purposes, structures for
which the "start of construction" commenced before September 17, 1980 (the effective
date of the initial floodplain management ordinance based upon specific technical base
flood elevation data). This term may also be referred to as any "existing structures ".
Existing manufactured home park or subdivision means _ means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including at a minimum the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) was completed before September 17, 1980 (the effective date of the
initial floodplain management regulations based upon specific technical base flood
elevation data).
Expansion to an existing manufactured home park or subdivision means _ the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including but not limited to, the
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installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
Flood or flooding tneaRs _ a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(c) Mudslides (i.e. mudflows) which are proximately caused by flooding
swb686t (a) of this def i R i t i GR and are kin to a river of liquid and flowing mud of the
surface of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(d) The collapse or subsidence of land along a shore of a lake or other body of water as
the result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm or by an unanticipated force of
nature such as a flash flood or an abnormal tidal surge or by some similarly unusual
and unforeseeable event which results in floodina.
Flood Boundary and Floodway Map (FBFM) means _ the official map of a community,
on which the Federal Emergency Management Agency (FEMA) has delineated the
areas of flood hazards and regulatory floodway.
Flood Hazard Boundary Map (FHBM) - an official map of the community, issued by
FEMA where the boundaries of the areas of special flood hazard have been identified
as only Approximate Zone A.
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Flood Insurance — the insurance coverage provided under the National Flood Insurance
Program (NFIP).
Flood Insurance Rate Map (FIRM) meaes _ an official map of a community, on which
FEMA has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
Flood Insurance Study (FIS) is _ the official hydraulic and hydrologic report provided by
FEMA. The study contains an examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination,
evaluations and determination of mudslide (i.e. mudflow) and other flood - related erosion
hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where
applicable), and other related data and information.
Floodplain Fneans _ any land area susceptible to being inundated by water from any
source
Floodplain administratoris _ is the individual appointed to administer and enforce the
floodplain management regulations of the community.
Floodplain management ^tee - the operation of an overall program of corrective and
preventive measures for reducing flood damage, and preserving and enhancing, where
possible, natural resources in the floodplain including, but not limited to, emergency
preparedness plans, flood control works, floodplain management regulations and open
space plans.
Floodplain management regulations aaeaRS _this article and other zoning ordinances,
land development regulations, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a floodplain ordinance, grading
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ordinance and erosion control ordinance), and other applications of police power which
control development in flood -prone areas. This term describes federal, State of Florida
or local regulations, in any combination thereof, which provide standards for preventing
and reducing flood loss and damage.
Floodproofing means - any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
Floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height of one foot. The
term is also referred to as "regulatory floodway ".
Floodway fringe FneaRS _ the area of the floodplain on either side of the regulatory
floodway where encroachment may be permitted without additional hydraulic and /or
hydrologic analysis.
Flood Zone — a geographical area shown on a Flood Hazard Boundary Map or Flood
Insurance Rate Map that reflects the severity or type of flooding in the area.
Freeboard Fneaes _ a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard" tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed.
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Functionally dependent use FneaRs - use that cannot be used for its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and shipbuilding and ship repair facilities, but does not include long -term
storage or related manufacturing facilities.
Hardship (as related to variances from this article) means _ the exceptional hardship
associated with the land that would result from a failure to grant the requested variance.
A T he ,.,,.,.,,,,URit„ FegUiFeS that the variance must be is exceptional, unusual, and
peculiar to the property involved. Mere economic or financial hardship alone is not
sufficient to iustify the grantina of a variance eXSeptieR. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these
problems can be resolved through other means without the granting of a variance, even
if the alternative is more expensive, or requires the property owner to build elsewhere or
put the parcel to a different use than originally intended.
Highest adjacent grade FneaRS the highest natural elevation of the ground surface prior
to the start of construction next to the proposed walls of a structure.
Historic structure Fneans - any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the department of interior) or preliminarily determined by the secretary of the interior
as meeting the requirements for individual listing on the National Register—.*,
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(b) Certified or preliminarily determined by the secretary of the interior as contributing
to the historical significance of a registered historic or a district preliminarily determined
by the secretary to qualify as a registered historic district =;
(c) Individually listed on the Florida inventory of historic places which have been
approved by the secretary of the interior; or
(d) Individually listed on a local inventory historic places in communities with historic
preservation programs that have been certified either:
(1) By the approved Florida program as determined by the secretary of the interior, or
(2) Directly by the secretary of the interior.
Increased cost of compliance (/CC) Fneaes - the coverage by a standard flood insurance
policy under the NFIP that provides for the payment of a claim for the cost to comply
with the State of Florida and the City of Sanford floodplain management laws or
ordinances after a direct physical loss by flood, when the city declares the structure to
be "substantially" or "repetitively" flood- damaged. ICC coverage is provided for in every
standard NFIP flood insurance policy, and will help pay for the cost to floodproof,
relocate, elevate, or demolish the structure.
Lowest adjacent grade FneaRr. _ the lowest elevation, after the completion of
construction, of the ground, sidewalk, patio, deck support, or basement entryway
immediately next to the structure.
Lowest floorFneaes - the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage, in an area other than a basement, is not considered a building's
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lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the non - elevation design standards of this article.
Manufactured home eaeaas - a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle ". The term also includes park trailers, travel trailers,
and similar transportable structures placed on a site for 180 consecutive days or longer
and intended to be improved property.
Manufactured home park or subdivision FReaas _ a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Map eaeans _ the flood hazard boundary map (FHBM) or the flood insurance rate map
(FIRM) for a community issued by the agency.
Market value ,tee _ the building value, which is the property value excluding the land
value and that of the detached accessory structures and other improvements on site (as
agreed to between a willing buyer and a willing seller) as established by what the local
real estate market will bear. Market value can be established by an independent
certified appraisal (other than a limited or curbside appraisal, or one based on the
income approach), actual cash value (replacement cost depreciated for age and quality
of construction of building), or adjusted tax - assessed values.
Mean sea level tneaas - the average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the floodplain. For
purposes of the National Flood Insurance Program, the National Geodetic Vertical
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Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, the term
is synonymous.
National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control
used as a reference for establishing varying elevations within the floodplain.
New construction Fnn Bans =, for floodplain management purposes, structures for which
the "start of construction" commenced on or after September 17, 1980 (the effective
date of the initial floodplain management ordinance, based upon specific technical base
flood elevation data). The term also includes any and all subsequent improvements to
such structure. For flood insurance rates, structures for which the start of construction
commenced on or after September 17, 1980, includes any and all subsequent
improvements to such structures.
New manufactured home park or subdivision Fneaas _ a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of this article.
North American Vertical Datum (NAVD) of 1988 means : a vertical control used as a
reference for establishing varying elevations within the floodplain.
Principally above around - at least 51 percent of the actual cash value of the structure is
above around.
Program deficiency - a defect in the community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain
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management regulations or of the standards required by the National Flood Insurance
Program.
Public safety and nuisance - anything which is iniurious to safety or health of the entire
community or a neighborhood or any considerable number of persons, or unlawfully
obstructs the free passage or use in the customary manner, of any navigable lake, or
river, bay, stream, canal, or basin.
Reasonably safe from flooding eaea% _ base flood waters will not inundate the land or
damage structures to be removed from the SFHA and that any subsurface waters
related to the base flood will not damage existing or proposed buildings.
Recreational vehicle means _ a vehicle that is:
(a) Built on a single chassis;
(b) Contains 400 square feet or less when measured at the largest horizontal
projection;
(c) Designed to be self - propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Reasonably safe from flooding means _ base flood waters will not inundate the land or
damage structures to be removed from the SFHA and that any subsurface waters
related to the base flood will not damage existing or proposed buildings.
Regulatory floodway - the channel of a river or other watercourse and the adiacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
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Remedy a deficiency or violation - to bring the regulation, procedure, structure or other
development into compliance with State of Florida, Federal, or local floodplain
management regulations or if this is not possible, to reduce the impacts of its
noncompliance Ways the impacts may be reduced include protecting the structure or
other affected development from flood damages, implementing the enforcement
provisions of this Article or otherwise deterring future similar violations, or reducing
Federal financial exposure with regard to the structure or other development.
Repetitive loss FneaRs _ flood - related damages sustained by a structure on two separate
occasions during a ten -year period ending on the date of the event for which the second
claim is made, for which the cost of repairs at the time of each such flood event, on the
average, equaled or exceeded 25 percent of the market value of the structure before
the damages occurred.
Riverine - relating to formed by, or resembling a river (including tributaries), stream,
brook. etc
Shallow flooding — see area of shallow flooding.
Special flood hazard area (SFHA) (see "area of special flood hazard ").
Start of construction (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97- 348)), includes substantial
improvement, and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the
first placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work
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beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and /or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Storm cellar- a place below grade used to accommodate occupants of the structure and
emergency supplies as a means of temporary shelter against severe tornadoes or
similar windstorm activity.
Structure FneaR _, for floodplain management purposes, a walled and roofed building,
manufactured home, or other manmade facility or infrastructure including a gas or liquid
storage tank that is principally above ground.
Substantial damage FneaRr, damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred. Substantial
damage also means flood - related damages sustained by a structure on two separate
occasions during a ten -year period for which the cost of repairs at the time of each such
flood event, on the average, equals or exceeds 25 percent of the market value of the
structure before the damages occurred.
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Substantial improvement ans any reconstruction, rehabilitation, addition, or other
improvement of a structure during a ten -year period, the cumulative cost of which
equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. The term includes structures that have incurred
"substantial damage ", regardless of the actual work performed, or "repetitive loss" as
defined herein. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions or
(b) Any alteration of a "historic structure" provided that the alteration would not
preclude the structure's continued designation as a "historic structure ".
Variance meanE; - a grant of relief by the City of Sanford from the requirements of this
article which permits construction in a manner otherwise prohibited herein, where
specific enforcement would result in unnecessary hardship.
Violation Fneaes -the failure of a structure or other development to be fully compliant
with this article. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this article is presumed to be
in violation until such time as that documentation is provided to the city.
Watercourse Fneaes _ a lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
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Water surface elevation means _ the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, or the North American Vertical Datum of 1988, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Sec. 46-36. Applicability.
This article shall apply to all areas of special flood hazard within the jurisdiction of the
City of Sanford.
Sec. 46 -37. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by FEMA's Flood Insurance Study (FIS) for
Seminole County, dated September 28, 2007, or subsequent updated editions, with
accompanying panels for the City of Sanford and other supporting data, are hereby
adopted by reference and declared to be incorporated herein and a part of this article.
Sec. 46 -38. Designation of flood damage prevention GFdonaRGe administrator.
The City Commission of the City of Sanford hereby appoints the city manager, or
designee, to administer and implement the provisions of this article, and is hereinafter
referred to as the floodplain management administrator, or the floodplain administrator.
Sec. 46 -39. Establishment of development permit.
A development permit shall be required for all proposed construction or other
development, including the placement of manufactured homes, in conformance with the
provisions of this article.
Sec. 46-40. Compliance.
No structure or land shall hereafter be located, extended, converted or structurally
altered without full compliance with the requirements of this article and other applicable
laws and regulations.
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Sec. 46 -41. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another City code or
article conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
Sec. 46 -42. Interpretation.
In the interpretation and application of this article all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
Sec. 46 -43. Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This article does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This article shall not create liability on the part of the City Commission
of the City of Sanford, or by any officer or employee thereof, for any flood damages that
result from reliance on this article or any administrative decision lawfully made
thereunder.
Sec. 46 -44. Penalties for violation.
Violators of the provisions of this article, or failure to comply with any of its
requirements including but not limited to, violation of conditions and safeguards
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established in connection with grants of variance or special exceptions, may be
enforced by the City using any code enforcement process or procedure available to the
City and each violation shall be subiect to the maximum fine and penalty established in
each such code enforcement process and procedure shall,
shall pay all E;e6t6 and expen6es iRye O R the case. Each day such violation
continues shall be considered a separate offense. Nothing herein contained shall
prevent the floodplain management administrator from taking such other lawful actions
as is necessary to prevent or remedy any violation.
Sec. 46-45. Administration.
(a) Permit procedures. A development permit application shall be submitted, prior to
undertaking any development activities, to the floodplain management administrator on
forms furnished by him or her, and must include, but not be limited to, the following
plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area under consideration for development; existing structure(s) and
other features; proposed structure(s), earthen fill, storage of materials or equipment,
drainage facilities, perimeter setbacks, environmental features such as base floodplain
areas, wetlands, and other protected areas; and the location of the foregoing.
Specifically, the following information, certified by a professional who is authorized to
certify such information in the State of Florida, is required:
(1) Application stage:
a. Elevations of the area of development in relation to mean sea level (such as a
contour map) for both existing and proposed development;
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b. Elevation in relation to mean sea level of the lowest floors of all proposed structures;
c. Elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed;
d. Floodproofing certificate, meeting the floodproofing criteria set forth in this Article +e
eestien 46 45(x);
e. Existing and proposed infrastructure; and
f. Description of the extent to which any watercourse will be altered or relocated as
result of proposed development.
g Elevation in relation to mean sea level of the bottom of the lowest horizontal
structural member of the lowest floor and provide a certification from a registered
engineer or architect indicating that they have developed and /or reviewed the structural
designs specifications and plans of the construction and certified they are in
accordance with accepted standards of practice.
(2) Construction stage: Upon placement of the lowest floor, or floodproofing by
whatever construction means, it shall be the duty of the permit holder to submit to the
floodplain management administrator a certification of the elevation of the lowest floor or
floodproofed elevation, as built, in relation to mean sea level. Said certification shall be
prepared by or under the direct supervision of a registered land surveyor or professional
engineer who is authorized to certify such information in the state, and certified by
same. Any work undertaken prior to submission of the certification shall be at the permit
holder's risk.
The floodplain management administrator shall review the lowest floor elevation and
floodproofing certificate. Should these documents be found not in conformance with the
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requirements of this article, the permit holder shall immediately cease further work, and
shall correct any deficiencies. Failure of the permit holder to submit the surveyed lowest
floor elevation and floodproofing certificate, and failure to correct said deficiencies
required hereby, shall be the cause to issue a stop -work order for the project.
(b) Duties and responsibilities of the floodplain management administrator. Duties of
the city manager or designee, shall include, but are not be limited to, the following:
(1) Review all development permits to assure that the requirements of this article have
been fully met;
(2) Review proposed development to assure that all necessary permits have been
obtained from those governmental agencies from which approval is required by federal
or state law, including Section 404 of the Federal Water Pollution Control Act, as
amended, or by wide -area agencies, prior to issuing a development permit. Such
documentation is to be maintained on file with the development permit;
(3) Review certified plans and specifications for compliance with the requirements of
this article;
(4) Verify and record the actual elevation (in relation to mean sea level) of the lowest
floor of all new construction and substantial improvements, in accordance with this
Article (a)(2);
(5) Verify and record the actual elevation (in relation to mean sea level) to which the
new or substantially improved nonresidential structures in A -zones have been
floodproofed, in accordance with this Article seetien- 46- 46(G)(3);
(6) Interpret the exact location of boundaries of the areas of special flood hazard and
regulatory floodway. When there appears to be a conflict between a mapped boundary
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and actual field conditions, the floodplain management administrator shall make the
necessary interpretation. The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided for in this article,
(7) When base flood elevation data or floodway data have not been provided in
accordance with this Article , the floodplain management administrator
shall obtain, review and reasonably utilize any base flood elevation and floodway data
available from a federal, state, or any other source, in order to administer the provisions
of this article;
(8) Notify, in riverine situations, adjacent communities and the state coordinating office
prior to any alteration or relocation of a watercourse, and submit copies of such
notifications to FEMA, and assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained;
(9) Coordinate with all ether City of Sanford departments to assure that the
requirements of this article are fully met;
(10) Participate actively in evaluating the variance requests and provide input and
recommendations in variance hearings /proceedings;
(11) Coordinate all change requests to the FIS and FIRM or FBFM, or both, with the
requester, state, and FEMA; and
(12) Comply with the following requirement to submit new technical data: The City of
Sanford's base flood elevations may increase or decrease resulting from physical
changes affecting flooding conditions. As soon as practicable, but not later than six
months after the date such information becomes available, the city shall notify FEMA of
the changes by submitting technical or scientific data. Such a submission is necessary
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so that, upon confirmation of those physical changes affecting flooding conditions, risk
premium rates and flood plain management requirements will be based upon current
data.
Sec 46.46. PROVISIONS FOR FLOOD HAZARD REDUCTION
A. GENERAL STANDARDS
In all areas of special flood hazard, all development sites including new construction
and substantial improvements shall be reasonably safe from flooding, and meet the
following provisions:
(1) New construction and substantial improvements shall be designed or modified
and adequately anchored to prevent flotation, collapse, and lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
(2) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral
movement. Methods of anchoring may include, but are not limited to, use of
over - the -top or frame ties to ground anchors. This standard shall be in addition
to and consistent with applicable State of Florida requirements for resisting wind
forces;
(3) New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage;
(4) New construction and substantial improvements shall be constructed by methods
and practices that minimize flood damage;
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities, including duct work, shall be designed and /or located so as to
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prevent water from entering or accumulating within the components during
conditions of flooding;
(6) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems;
(7) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters;
(8) On -site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding;
(9) Any alteration, repair, reconstruction or improvements to a building that is in
compliance with the provisions of this ordinance shall meet the requirements of
"new construction" as contained in this ordinance;
(10) Any alteration, repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this ordinance, shall be undertaken only if said
non - conformity is not furthered, extended, or replaced;
(11) All applicable additional Federal, State of Florida, and local permits shall be
obtained and submitted to the Floodplain Administrator along with the application
for development permit. Copies of such permits shall be maintained on file with
the development permit. State of Florida permits may include, but not be limited
to, the following:
(a) St Johns River Water Management District in accordance with Shape
Section 373.036(2) a Florida Statutes (F.S.), SecA (2) ( — Flood
Protection and Floodplain Management;
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(b) Department of Community Affairs: in accordance with Gbapte Section
380.05 F.S., Areas of Critical State Concern, and Chapter 553, Part IV,
F.S., Florida Building Code;
(c) Department of Health: in accordance with Ghapte Section 381.0065
FS, Onsite Sewage Treatment and Disposal Systems; and
(12) Standards for Subdivision Proposals and other new Proposed Development
(including manufactured homes):
(a) Such proposals shall be consistent with the need to minimize flood
damage;
(b) Such shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize or eliminate flood
damage; and
(c) Such proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
( 13) When proposed new construction and substantial improvements are partially
located in an area of special flood hazard the entire structure shall meet the
standards for new construction.
(14) When proposed new construction and substantial improvements are located in
multiple flood hazard risk zones or in a flood hazard risk zone with multiple base
flood elevations the entire structure shall meet the standards for the most
hazardous flood hazard risk zone and the highest base flood elevation.
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B. Specific Standards for flood hazard reduction.
In all A -Zones where base flood elevation data have been provided (Zones AE, Al -30,
A (with base flood elevation) and AH) the following provisions, in addition to those
otherwise set forth in this Article, shall apply:
(1) Residential Construction All new construction and substantial improvement of
any residential building (including manufactured home) shall have the lowest floor,
including basement elevated to no lower than two feet (2') above the base flood
elevation Should solid foundation perimeter walls be used to elevate a structure, there
must be a minimum of two openings on different sides of each enclosed area sufficient
to facilitate automatic equalization of flood hydrostatic forces in accordance with
standards of this Article.
(2) Non - Residential Construction. All new construction and substantial improvement
of any commercial industrial or non - residential building (including manufactured home)
shall have the lowest floor, includina basement elevated to no lower than two feet (2')
above the base flood elevation All buildings located in A -Zones may be flood - proofed,
in lieu of being elevated provided that all areas of the building components, together
with attendant utilities and sanitary facilities below the base flood elevation plus three
feet (3') are water tiaht with walls substantially impermeable to the passage of water,
and use structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. A registered professional engineer or
architect shall certify that the standards of this subsection are satisfied using the FEMA
Floodproofina Certificate Such certification along with the corresponding engineering
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data and the operational and maintenance plans shall be provided to the Floodplain
Administrator.
(3) Enclosures below the Lowest Floor. New construction and substantial
improvements that include fully enclosed areas formed by foundation and other exterior
walls below the lowest floor shall be designed to preclude finished living space and
designed to allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls.
(a) Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet or exceed the following minimum criteria:
0) Provide a minimum of two openings on different sides of each
enclosed area having a total net area of not less than one square inch for every square
foot of enclosed area subject to flooding:
(ii) The bottom of all openings shall be no higher than one foot above
adjacent interior grade (which must be equal to or higher in elevation than the adiacent
exterior grade): and
(iii) Openings may be eaubped with screens louvers, valves, or other
coverings or devices provided they provide the required net area of the openings and
permit the automatic flow of floodwaters in both directions.
(b) Fully enclosed areas below the lowest floor shall solely be used for parking of
vehicles storage and building access Access to the enclosed area shall be minimum
necessary to allow for parking of vehicles (aaraae door), limited storage of maintenance
equipment used in connection with the premises (standard exterior door), or entry to the
living area (stairway or elevator): and
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(c) The interior portion of such enclosed area shall not be finished or partitioned
into separate rooms.
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All manufactured homes that are placed or substantially improved within Zones
Al-30, AH and AE on sites (i) outside of an existing manufactured home park or
subdivision (ii) in a new manufactured home park or subdivision (iii) in an expansion to
an existing manufactured home park or subdivision or (iv) in an existina manufactured
home park or subdivision on which a manufactured home has incurred substantial
damage as the result of a flood the lowest floor be elevated on a permanent foundation
to no lower than two feet (2') above the base flood elevation and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
(b) All manufactured homes to be placed or substantially improved in an existin-g
manufactured home park or subdivision that are not subiect to the provisions of
paragraph 4 (a) of this Section must be elevated so that either:
(i) The lowest floor of the manufactured home is elevated to no lower
than two feet (2') above the base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least an equivalent strength that are no less than 60
inches in height above the grade and securely anchored to an adequately anchored
foundation system to resist flotation collapse, and lateral movement.
(c) Placement of manufactured homes is prohibited within the regulatory floodway,
except in an existing manufactured home park or subdivision. A replacement
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manufactured home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards of this Article, the elevation standards of
this Article and the encroachment standard of this Article, are met.
(d) All recreational vehicles must either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (a recreational vehicle is ready for
highway use if it is on its wheels or iacking system, is attached to the site only by quick
disconnect type utilities and security devices and has no permanently attached
additions), or
(iii) Meet all the requirements for new construction, including anchoring and elevation
standards, of this Article.
(5) Adequate drainage paths around structures shall be provided on slopes to guide
water away from structures within Zone AH.
(6) Standards for waterways with established Base Flood Elevations, but without
Regulatory Floodways located within the areas of special flood hazard established in
this Article where streams exist for which base flood elevation data has been provided
by the Federal Emergency Management Agency without the delineation of the
regulatory floodway (Zones AE and Al -30) the following provisions, in addition to those
set forth otherwise in this Article shall apply:
(a) Until a regulatory floodwav is designated, no new construction, substantial
improvements or other development including fill shall be permitted within the areas of
special flood hazard unless it is demonstrated that the cumulative effect of the
proposed development when combined with all other existing and anticipated
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development will not increase the water surface elevation of the base flood more than
one foot at any point within the community.
(b) Development activities which increase the water surface elevation of the base
flood by more than one foot may be allowed provided that the developer or applicant
first applies — with the community's endorsement — for a conditional FIRM revision, and
receives the approval of the Federal Emergency Management Agency (FEMA).
(7) Standards for waterways with established Base Flood Elevations and Floodways.
Located within areas of special flood hazard are areas designated as floodways. Since
the floodway is an extremely hazardous area due to the high velocity of flood waters
which carry debris potential proiectiles and have significant erosion potential, the
following provisions in addition to those set forth otherwise in this Article shall apply:
(a) Prohibit encroachments including fill new construction, substantial
improvements and other developments within the regulatory floodwav unless
certification (with supporting technical data) by a registered professional engineer is
provided through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice demonstrating that encroachments would not result in
any increase in flood levels during occurrence of the base flood discharge.
(b) Placement of manufactured homes is prohibited within the regulatory floodwav,
except in an existing manufactured home park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards of this Article, the elevation standards of
this Article and the encroachment standard of this Article, are met.
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(c) Development activities including new construction and substantial improvements
within the reaulatory floodwav that increase the base flood elevation may be allowed,
provided that the developer or applicant first applies — with the community's
endorsement — for a conditional FIRM revision, and receives the approval of FEMA.
(d) When fill is proposed in accordance with the permit issued by the Florida
Department of Health within the regulatory floodwav the development permit shall be
issued only upon demonstration by appropriate engineering analyses that the proposed
fill will not increase the water surface elevation of the base flood in accordance with this
Article.
C. SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD
ELEVATIONS AND REGULATORY FLOODWAYS.
Located within the areas of special flood hazard established in this Article, where there
exist A Zones for which no base flood elevation data and regulatory floodwav have been
provided or designated by the Federal Emergency Management Agency, the following
provisions shall apply:
(1) All appropriate and applicable standards shall be applied.
(2) All new subdivision proposals and other proposed developments (including
proposals for manufactured home parks and subdivisions) greater than fifty (50) lots or
five (5) acres whichever is the lesser, shall include within such proposals base flood
elevation data.
(3) The Floodplain Administrator shall obtain, review, and reasonably utilize any
base flood elevation and floodwav data available from a Federal, State of Florida, or any
other source in order to administer the provisions of this Article and shall apply such
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data in an appropriate manner in appropriate circumstances. The Floodolain
Administrator shall:
a) Obtain the elevation (in relation to the mean sea level) of the lowest floor
(including the basement) of all new and substantially improved structures,
b) Obtain if the structure has been floodproofed in accordance with the
requirements of this Article the elevation in relation to the mean sea level to which the
structure has been floodproofed, and
C) Maintain a record of all such information.
(4) Notify, in riverine situations adjacent communities, the Florida Department of
Community Affairs — NFIP Coordinating Office, and the St. Johns River Water
Management District prior to any alteration or relocation of a watercourse, and submit
copies of such notifications to FEMA.
(5) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(6) Manufactured homes shall be installed using methods and practices that
minimize flood damage They must be elevated and anchored to prevent flotation,
collapse and lateral movement. Methods of anchoring may include, but are not limited
to use of over - the -top or frame ties to ground anchors. This requirement is in addition
to applicable State of Florida and local anchoring requirements for resisting wind forces.
(7) When the data is not available from any source, in accordance with standard set
forth in herein the lowest floor of the structure shall be elevated to no lower than five
feet (5') above the highest adjacent grade.
D. STANDARDS FOR AO -ZONES
CODING: Words stf=.e are deletions; words underlined are additions 33 1 P a g e
Located within the areas of special flood hazard established in this Article, are areas
designated as shallow flooding areas. These areas have flood hazards associated with
base flood depths of one to three feet (3') where a clearly defined channel does not
exist and the path of flooding is unpredictable and indeterminate: therefore, the
following provisions in addition to those otherwise set forth herein, apply:
(1) All new construction and substantial improvements of residential structures in all
AO Zones shall have the lowest floor, including basement, elevated above the highest
adjacent _grade at least as high as the depth number specified in feet on the Flood
Insurance Rate Map plus two feet (2'). If no flood depth number is specified, the lowest
floor, including basement shall be elevated to no less than four feet (4') above the
highest adjacent grade.
(2) All new construction and substantial improvements of non - residential structures
shall:
(a) Have the lowest floor, including basement elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the Flood Insurance
Rate Map If no flood depth number is specified the lowest floor, including basement,
shall be elevated to at least four feet (4') above the highest adjacent grade, or
(b) Together with attendant utility and sanitary facilities be completely floodproofed
to no less than one foot above that level to meet the floodproofina standard specified in
this Article.
(3) Adequate drainage paths around structures shall be provided on slopes to guide
water away from structures.
CODING: Words strieke are deletions; words underlined are additions 34 1 P a g e
(4) Fully enclosed areas below the lowest floor that are subject to flooding shall meet
the non - elevation design requirements of all other applicable standards.
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Sec. 46-47. Variances.
(a) Designation of variance and appeals board. The City Commission, or its duly
designated board, of the City ef SaRfGFEI, shall hear and decide appeals and requests
for variances from the requirements of this article.
(b) Duties of variance board. The city commission, or its duly designated board, shall
hear and decide appeals when it is alleged that an error in any requirement, decision, or
determination has been made by the floodplain management administrator in the
enforcement or administration of this article. Any person aggrieved by the decision of
the city commission, or its duly appointed board, may appeal such decision to the circuit
court within 30 days of the rendition of such decision, as provided in the Florida Rules of
Appellate Procedure. Denials of appeals shall be issued by means of written denial
development orders consistent with the provisions of Section 166.033, Florida Statutes.
(c) Considerations in granting variance requests. In acting upon such applications, the
city commission, or its duly designated board, shall consider all technical evaluations, all
relevant factors, provisions specified in other sections of this article, and:
(1) The danger that materials maybe swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(4) Importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
CODING: Words str-iekex are deletions; words underlined are additions 44 1 V a gy e
(6) The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment of transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
(11) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges; and
(12) The request for variance is not an after - the -fact request.
(d) Conditions for variances.
(1) Variances may only be issued when there is:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
hardship; and
c. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
(2) Variances may only be issued upon a determination that the variance is the
minimum necessary deviation from the requirements of this article.
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(3) Variances shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(4) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure, and the variance is the minimum
necessary to preserve the historic character and design of the structure.
(5) Variances may be issued for new construction and substantial improvements and
for other development necessary for the conduct of a functionally dependent use
provided that:
a. The criteria of this section are met; and
b. The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
(e) Variance notification. Any applicant to whom a variance is granted shall be notified
in writin a er t 6igRat ef the t Fna ag8F OF hie+ 618 6ig Ree that:
(1) The issuance of a variance to construct a structure below the base flood elevation
will result in increased premium rates for flood insurance up to aFA9URt6 a6 high as;
$25.00 fOF $100.909f i P6wFaR6e ; and
(2) Such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the floodplain management administrator in
the Official Records (Land Records) ef#ise of #lie Seminole County
The floodplain management administrator shall maintain a
record of all variance actions, including justification for their issuance or denial, and
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report such variances issued in its annual biennial report submitted to FEMA. Denials of
variance applications shall be issued by means of written denial development orders
consistent with the provisions of Section 166.033, Florida Statutes.
(f) Special conditions. The issuance of a variance may be conditioned upon such
conditions as are deemed appropriate and as consistent with the purposes and intent of
this Article.
Section 2. Implementing administrative actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance by means of such administrative actions as may be
deemed appropriate and necessary to include, but not be limited to, the adoption of
administrative rules.
Section 3. Savings.
The prior actions of the City of Sanford relating to floodplain management are
hereby ratified and affirmed.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed
Section 5. 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
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other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. Codification. This Ordinance shall be codified in the City Code of
the City of Sanford; provided, however, that the provisions of Sections 3, 4, 5, 6 and 7
shall not be codified.
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 10 day of May, 2010.
City Commission of the City of
Sanford, Florida
.
Janet Dougherty, Cit Clerk V Linda Ku n, Mayor
Approved as to form and legal sufficiency.
liam L. Colbert, City A ttor
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