4613 Amendment to Chapter 46 of the City Code/Florida Building Code relating to flooding and floodplain managementOrdinance No. 2021-4613
An ordinance of the City Commission of the City of Sanford, Florida
pertaining to flooding and floodplain management; amending Chapter
46 of the Code of Ordinances of the City of Sanford (City Code) relating
to floods in order to locate previous amendments to the Florida Building
Code and providing for certain administrative amendments to the
Florida Building Code; specifying elevation of manufactured homes in
flood hazard areas; providing criteria for accessory structures in flood
hazard areas; providing for applicability; providing for legislative
findings and Intent; providing for a savings provision; providing for
conflicts; providing for severability; providing for codification and the
correction of scrivener's errors and providing for an effective date.
Whereas, the Florida Legislature has, in Chapter 166, 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 City of Sanford participates in the National Flood Insurance
Program (NFIP) and participates in the NFIP's Community Rating System (CRS) which
is a voluntary incentive program that recognizes and encourages community floodplain
management activities that exceed the minimum program requirements, achieving a CRS
rating of Class 7; and
Whereas, in 2020 the NFIP CRS established certain minimum prerequisites for
communities to qualify for or maintain class ratings of Class 8 or better and to satisfy the
prerequisite and for the City to maintain the current CRS rating, all manufactured homes
installed or replaced in special flood hazard areas must be elevated such that the lowest
floors are at or above at least the base flood elevation plus 1 foot, which necessitates
modification of the existing requirements set forth in the City Code; and
Whereas, the City Commission determined that it is in the public interest to
amend the floodplain management regulations of the City to better protect owners and
occupants of manufactured homes and to continue participating in the CRS at the current
class rating; and
Whereas, the Federal Emergency Management Agency (FEMA) released
FEMA Policy #104-008-03 Floodplain Management Requirements for Agricultural
Structures and Accessory Structures in February, 2020; and
Whereas, the City Commission has determined it appropriate to adopt
regulations that are consistent with the referenced FEMA Policy to allow issuance of
permits for wet floodproofed accessory structures that are not larger than the sizes
specified in the FEMA Policy; and
Whereas, provisions of this Ordinance are consistent with the provisions of the
goals, objectives, and policies of the City's Comprehensive Plan regardless of whether or
not a particular provision of Chapter 46 of the City Code is, or is not, a land development
regulation as that term is defined by controlling law; and
Whereas, the 1998 Florida Legislature amended Chapter 553, Florida Statutes,
Building Construction Standards, to create a single State building code of broad and
uniform application that is mandated to be enforced by all local governments; and
Whereas, as of March 1, 2002, the Florida Building Code supersedes all local
building codes and the Florida Building Code is developed and maintained by the Florida
Building Commission and is updated every 3 years and may be amended annually to
incorporate interpretations and clarifications; and
Whereas, Section 553.73, Florida Statutes, mandates the use of the current
version of the Florida Building Code and Subsection (6) states "[t]he initial adoption of,
and any subsequent update or amendment to, the Florida Building Code by the
commission is deemed adopted for use statewide without adoptions by local government"
(emphasis added); and
Whereas, pursuant to Section 553.73, Florida Statutes, the City Commission
may adopt amendments to the administrative provisions of the Florida Building Code,
subject to the limitations of said statute; and
Whereas, the City desires to facilitate the enforcement of the Florida Building
Code by enacting certain administrative amendments which meet the needs of its
citizens; and
Whereas, such amendments must be transmitted to the Florida Building
Commission within 30 days after enactment; and
Whereas, the City Commission of the City of Sanford has the power and
authority to enact this Ordinance 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 162, Florida Statutes; Chapter 166, Florida
Statutes; of Chapter 553, Florida Statutes; other controlling statutory law of the Nation
and State; and the controlling case law of the State of Florida; and
Whereas, the City Commission of the City of Sanford is enacting this
Ordinance in order to protect the public health, safety and welfare; and
Whereas, underlined words in this Ordinance shall constitute additions to the
current text of the City Code, *** shall constitute ellipses (spaces where current City Code
provisions are omitted for the sake of the ease of reference), and strike thmug44s shall
constitute deletions to current text of the City Code.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and incorporates
into this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report
and City Commission agenda memorandum relating to the regulations and matters as
set forth herein.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Amendment of Chapter 46 of the Code of Ordinances of the City
of Sanford (City Code); Floods and Floodplain Management; Administrative
Amendments to the Florida Building Code. The Following provisions of Chapter 46 of
the City Code are amended to read as follows which revisions include administrative
amendments to the Florida Building Code:
ARTICLE I. - ADMINISTRATION
DIVISION 1. - GENERAL
DIVISION 2. - APPLICABILITY
Sec. 46-32. - Areas to which this chapter applies.
This Chapter shall apply to all flood hazard areas within the City of SaRfGFd, as established
in section 46-33 4-&4 of this Chapter.
DIVISION 4. — PERMITS
DIVISION 5. - SITE PLANS AND CONSTRUCTION DOCUMENTS
DIVISION 7. - VARIANCES AND APPEALS
Sec. 46-183. - Limitations on authority to grant variances.
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The Planning and Zoning Commission shall base its decisions as to whether or not to
,grant a variance by means of the issuance of a development order on applications for
variances solely on technical justifications submitted by applicants, the considerations for
issuance in Section 46-187 of this Chapter, the conditions of issuance set forth in Section
46-188 46-1 87 of this Chapter, and the comments and recommendations of the floodplain
administrator and the Building Official. The Planning and Zoning Commission may has
the-right4o attach such conditions as it deems necessary to further the purposes and
objectives of this Chapter to the development order issued. Denials shall be issued by
means of the issuance of a denial development order under the provisions of Section
166.033, Florida Statutes.
Sec. 46-185. - Historic buildings.
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 12
Chapter -44, 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.
DIVISION 8. - VIOLATIONS; PENALTIES; ENFORCEMENT
ARTICLE 11. - DEFINITIONS
DIVISION 1. - GENERAL
DIVISION 2. - DEFINITIONS
Sec. 46-271. - Definitions.
Accessory structure. A structure on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For floodplain
management purposes, the term includes only accessory structures used for parking and
storage.
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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 12
Chapter 44 Historic Buildings.
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The market value of buildings and structures, excluding the land and other improvements
on the parcel. Market value is the may be established by a qualified iRdependen
, actual cash value (like -kind replacement cost depreciated for age, wear and
tear, and quality of construction) determined by a qualified independent appraiser, or tax
assessment value adjusted to approximate market value by a factor provided by the
property appraiser.
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ARTICLE 111111. - FLOOD -RESISTANT DEVELOPMENT
DIVISION 1. - BUILDINGS AND STRUCTURES
Sec. 46-302. Florida Building Code (Building and Existing Building).
Florida Buildinc
i Code (Building and Existing Building); Section 202.
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 2 or more 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% of the market value of the structure before the
damage occurred.
Florida Building Code (Building); Section 1612.
1612.4.3 Elevation requirements. The minimum elevation requirements shall be as
specified in ASCE 24 or the base flood elevation plus 2', whichever is higheril
Florida Building Code (Residential); Section 8322.2.
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas including flood hazard areas designated
as Coastal A Zones, shall have the lowest floors elevated to or above the base flood
elevation plus 2' 1 foot (305 Rim), or the design flood elevation, whichever is higher.
2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest
floor (including basement) elevated to a height above the highest adjacent grade of not
less than the depth number specified in feet (mm) on the FIRM plus 2' 1 -foot (305 mm),
or not less than 4' 3 feet (305 nim) if a depth number is not specified.
3. Basement floors that are below grade on all sides shall be elevated to or above base
flood elevation plus 2' 1 feet (305 mm), or the design flood elevation, whichever is higher.
Exception: Enclosed areas below the design flood elevation, including basements with
floors that are not below grade on all sides, shall meet the requirements of Section
322.2.2.
Sec. 46-303. — Accessory structures.
Accessory structures are permitted below the base flood elevation provided the accessory
structures are used only for parking or storage and:
(1). Are only 1 -story in height.
(2). Are not larger than 600 square feet in size.
(3). Have flood openings in accordance with Section R322.2 of the
Florida Building Code.
(4). Are anchored to resist flotation, collapse or lateral movement
resulting from flood loads.
(5). Have been constructed using flood damage -resistant materials
below the base flood elevation plus 1'.
(6). Have mechanical, plumbing and electrical systems installed
including, but not limited to, plumbing fixtures which are elevated to or
above the base flood elevation plus 1'.
DIVISION 2. - SUBDIVISIONS
DIVISION 3. - SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
DIVISION 4. - MANUFACTURED HOMES
Sec. 46-393. - Foundations.
All new manufactured homes and replacement manufactured homes installed in flood
hazard areas shall be installed on permanent, reinforced foundations that are designed
in accordance with the foundation requirements of the Florida Building Code Residential
Section R322.2 and this Chapter. I —
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Sec. 46-395. - Elevation.
All manufactured homes that are placed, replaced, or substantially improved in flood
hazard areas 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) ManufaGtWed homes that are plaGed, FeplaG
substantially impreved shall GE)Fnply with seGtien 46 392 oF 46 393 of this GhapteF, as -
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Sec. 46-396 46-398. - 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.
Sec. 46-397 46-M. - 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.
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Section 3. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 4. 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 determined to be invalid, unlawful, or
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unconstitutional.
Section 5. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to any and
all actions and activities of the City pertaining flooding and flood management or of an
associated nature, are hereby ratified and affirmed.
Section 6. Codification; Scrivener's Errors.
(a). The provisions of Section 2 of this Ordinance shall be codified by the Code
codifier, but the remaining sections shall not.
(b). The sections, divisions 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.
Section 7. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 28th day of June, 2021.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
City Commission of
Sanford, Flpriol)
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Approved as to form band le ga I ffipnqy" * ' ' ""
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Mlia-m' U Colbert
City Attorney
City of
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CITY OF Item No.
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FLORIDA
CITY COMMISSION MEMORANDUM 21-148
JUNE 28, 202'1 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Michael Cash, CFM — Public Works Engineer
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage
SUBJECT: Floods and Floodplain Management, Amend' Chapter 46 City
I
CodelFlorida Building Code Administra i e Amendments; Ordinance No.
4613
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
F] Promote the City's Distinct Culture
Z Update Regulatory Framework
R Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4613, amending provisions of Chapter 46 of the City Code relating to flooding and
floodplain management to be consistent with the National Floodplain Insurance Program (NFIP)
rules of the Federal emergency Management Agency (FEMA) and amending certain provisions of
the Florida Building Code has been prepared.
FISCAL./STAFFING STATEMENT:
Ordinance No. 4613 will reduce the City's exposure to flood losses and allow for the City to
maintain participation in the NFIP Community Rating System (CRS). CRS ratings allow for all
flood insurance policy holders within and including the City to receive premium reductions for
flood insurance coverage. No additional staffing is anticipated as a result of the changes.
BACKGROUND:
There are special flood hazard areas within the City 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. The current provisions of Chapter 46 of the City Code do not conform with
changes to the NFIP and the Florida Building Code and is not in a form acceptable to the NFIP
for inclusion in the CRS.
LEGAL, REYIEW:
The Assistant City Attorney has reviewed the request and prepared Ordinance No. 4613.
The City Commission approved the first reading of Ordinance No. 4613 on June 14, 2021.
The Clerk published notice of the 2nd Public Hearing in the Sanford herald on June 27, 2021.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4613.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4613 on first reading."
Attachment: Ordinance No. 4613
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