1518 ORDINANCE NO. 1518
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ARTICLE V OF CHAPTER SIX OF THE CODE
OF THE CITY OF SANFORD, CHAPTER SIX, BEING
ENTITLED "BUILDINGS" AND ARTICLE V BEING
ENTITLED "FLOOD PROTECTION REGULATIONS"; SAID
AMENDMENT AMENDING %HE FLOOD PROTECTION REGULA-
TIONS TO ENABLE PROPERTY OWNERS TO SECURE FLOOD
INSURANCE IN THOSE AREAS OF THE CITY WHICH HAVE
BEEN REDESIGNATED AS FLOOD PRONE AREAS; PROVID-
ING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, there has been a redesignation of flood prone
areas within the City of Sanford, and as a result thereof, the
present flood protection regulations must be amended to enable
property owners in said areas to secure flood insurance; and
WHEREAS, the City Commission of the Cityof Sanford,
Florida recognizes that there is a public need for flood insurance,
and that it is in the best interest of the citizens of Sanford,
Florida and necessary for the protection of the life and property
of said citizens from water damage, to identify flood-prone areas
and implement related land use controls, and
WHEREAS, the private insurance industry has been unable
to satisfactorily provide for the insurance needs of the flood-
prone areas within the City of Sanford, Florida, and the Federal
Flood Insurance Program has been established under federal law,
under the administration of the Department of 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 and
construction standards established by the Department of Housing
and Urban Development, and portions of the City of Sanford have
been designated as flood-prone areas and are therefore eligible
to participate in the Federal Flood Insurance Program,
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY
OF SANFORD, FLORIDA, THAT ARTICLE V OF CHAPTER 6 OF THE SANFORD
CITY CODE IS HEREBY AMENDED TO READ AS FOLLOWS:
SECTION 1. PURPOSE iND INTENT. The purpose of this
Ordinance is to provide for adequate, minimum standards and pro-
cedures for the construction of new residential and non-residential
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 interpre-
tation, enforcement and intent of this Ordinance. When not in-
consistent with the context, words used in the present tense include
the future, words in the plural number include the singular, and
words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory. Unless specifically
defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common
usage and to give this Ordinance its most reasonable application.
A. "Area of shallow flooding" means a designated zone
on a community's Flood Insurance Rate Map (FIRM) with base flood
depths from one to three feet where a clearly defined channel does
not exist, where the path of flooding is unpredictable and indeter-
minate, and where velocity flow may be evident.
Bo "Area of special flood hazard" is the land in the
flood plain within a community subject to a one percent or greater
chance of flooding in any given year.
C. "Base flood" means the flood having a one percent
chance of being equaled or exceeded in any given year.
D. "Existing mobile home park or mobile home subdivision"
means a parcel (or contiguous parcels) of land divided into two or
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more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is
to be affixed (including, as a minimum, the installation of utili-
ties, either final site grading or the pouring of concrete pads,
and the construction of streets) is completed before the effective
date of this Ordinance.
E. "Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally dry land
areas from:
(1) the overflow of inland or tidal waters;
(2) ~he unusual and rapid accumulation or runoff
of surface waters from any source.
F. "Flood Hazard Boundary Map (FHBM)" means an official
map of a community, issued by the Federal Insurance Administration,
where the boundaries of the areas of special flood hazard have
been designated as Zone A.
G. "Flood Insurance Rate (FIRM)" means an official map
of a community, on which the Federal Insurance Administration has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
H. "Flood InsUranCe Study" is the official report pro-
vided by the Federal Insurance Administration. The report contains
flood profiles, as well as the Flood Hazard Boundary-Floodway Map
and the water surface elevation of the base flood.
I. "Floodway" means the channel of a river or other water-
course, and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
J~ "Floodproofing" is any combination of structural
and non-structural 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. Any person who attempts to use floodproofing techniques
in order to satisfy requirements of this Ordinance shall provide
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the Sanford, Florida Building Official with a certification from
a professional engineer, who is registered in the State of Florida,
that said structure is floodproofed, or has adequate floodproofing
provisions designed within said structure.
K. "Mean sea level" means the average height of the sea
for all stages of the tide.
L. "Mobile home!' means a structure, transportable in one
or more sections, which is built on a permanent chassis and designed
to be used with or without a permanent foundation when connected
to the required utilities. It does not include recreational
vehicles or travel trailers.
M. "New construction" means structures for which the
"start of construction" commenced on or after the effective date
of this Ordinance.
N. "Structure" means a walled and roofed building that
is principally above ground, as well as a mobile home.
O. "Substantial improvement" means, for a structure
built prior to the enactment of this Ordinance, any repair, recon-
struction, or improvement of a structure, the cost of which equals
or exceeds fifty percent of the market value of the structure,
either (1) before the improvement or repair is started, or (2) if
the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of
any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include
either: (1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions, or (2) any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of His-
toric Places.
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P. "Variance" is a grant of relief to a person from the
requirements of this Ordinance which permits construction in a
manner otherwise prohibited by this Ordinance where specific
enforcement would result in unnecessary hardship.
SECTION 3. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD. The areas of special flood hazard identified by
the Federal Insurance Administration in its Flood Hazard Boundary
Map, effective September 17, 1980, and any revisions thereto, are
adopted by reference and declared to be a part of this Ordinance;
or the areas of special flood hazard identified by the Federal
Insurance Administration through a scientific and engineering
report entitled "The Flood Insurance Study for the City of Sanford,
Florida," effective September 17, 1980, with accompanying Flood
Insurance Rate Maps and Flood Boundary and Floodway Maps, and
any revision thereto, are hereby adopted by reference and declared
to be a part of this Ordinance.
SECTION 4. ESTABLISHMENT OF DEVELOPMENT PERMIT. A Dev-
elopment Permit shall be required in conformance with the provisions
Of this Ordinance.
SECTION 5. COMPLIANCE. No structure or land shall
hereafter be located, extended, converted, or structurally altered
without full compliance with the termsof this Ordinance and other
applicable regulations.
SECTION 6. WARNING AND DISCLAIMER OF LIABILITY. The
degree of flood protection required by this Ordinance is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or
natural causes. This Ordinance 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 Ordinance
shallnot create liability on the part of the City of Sanford,
Florida, or by any officer or employee thereof for any flood damages
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that result from reliance on this Ordinance or any administrative
decision lawfully made thereunder.
SECTION 7o (A) DESIGNATION OF LOCAL ADMINISTRATOR. The
Building Official is hereby appointed to administer and implement
the provisions of this Ordinance.
(B) DUTIES AND RESPONSIBILITIES OF THE
ADMINISTRATOR:
(1) Review all development permits to assure that the
permit requirements of this Ordinance have been
satisfied.
(2) Advise permittee that additional federal or state
permits may be required, and if specific federal
or state permits are known, require that copies
of such permits be provided and maintained on file
with the development permit.
(3) Notify adjacent communities and the Department of
Community Affairs prior to any alteration or reloca-
tion of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration..
(4) Assure that maintenance is provided within the alter-
ed or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
(5) Verify and record the actual elevation (in relation
to mean sea level) of the lowest floor (including
basement) of all new or substantially improved
structures.
(6) Verify and record the actual elevation (in relation
to mean sea level) to which the new or substantially
improved structures have been floodproofed.
(7) When floodprOofing is utilized for a particular
structure, the Building Official shall obtain certi-
fication from a registered professional engineer or
architect.
(8) Where interpretation is needed as to the exact
location of the boundaries of the areas of special
flood hazard (for example, where there appears to
be a conflict between a mapped boundary and actual
field conditions), the City Engineer shall make the
necessary interpretation. The person contesting
the location of the boundary shall be given a reason-
able opportunity to appeal the interpretations as
provided in this article.
(9) When base flood elevation data has not been provided
in accordance with Section 3, then the Building
Official shall obtain, review, and reasonably utilize
any base flood elevation data available from a
federal, state or other source, in order to administer
the provisions of Section 8.
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(10) All records pertaining to the provisions of this
Ordinance shall be maintained in the office of the
Building Official and shall be open for public
inspection.
(C) PERMIT PROCEDURES. Application for
a Development Permit shall be made to the Building Official on
forms furnished by him, and may include, but not be limited to,
the following plans to duplicate drawn to scale, showing the nature,
location, dimensions, and elevations of the area in question;
existing or proposed structures, fill storage of materials;
drainage facilities, and the location of the foregoing. Specifi-
cally, the following information is required:
(1) Elevation in relation to mean sea level of the low-
est floor (including basement) of all structures.
(2) Elevation in relation to mean sea level to which any
non-residential structure has been floodproofed.
(3) Provide a certificate from a registered professional
engineer or architect that the non-residential flood-
proofed structure meets the floodproofing criteria
inSection 8 (B) (2).
(4) Description of the extent to which any watercourse
will be altered or relocated as a result of pro-
posed development.
SECTION 8o (A) GENERAL STanDARDS. In all areas of special
flood hazard, the following provisions are required:
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse,
or lateral movement of the structure.
(2) All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
(3) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system.
(4) 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.
(5) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
(6) Any person applying for such permit shall provide the
City of Sanford Building Official with a certification
from a professional engineer who is registered with the
State of Florida, that said structure has adequate de-
sign to meet the minimum requirements.
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(B) SPECIFIC STANDARDS. In all areas of
special flood hazard where base flood elevation date has been pro-
vided, as set forth in Section 3, or Section 7 (B) (9), the follow-
ing provisions are required:
(i) Residential Construction - new construction or
~'jbstantial improvement of any residential struc-
ture shall have the lowest floor, including basement,
elevated to or above base flood elevation.
(2) Non-residential Construction - new construction
or substantial improvement of any commercial, in-
dustrial, or other non-residential structure, and
shall either have the lowest floor, including base-
ment, elevated to the level of the base flood
elevation, or, together with attendant utility and
sanitary facilities, be flood-proofed so that below
the base flood level the structure is watertight, with
walls substantially impermeable to the passage Of
water and with structural components having the cap-
ability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A registered pro-
fessional engineer or architect shall certify that
the standards of this subsection are satisfied. Such
certification shall be provided to the official as
set forth in Section 7 (C) (3).
(3) Mobile Homes -
(a) No mobile home shall be placed in a floodway,
except in an existing mobile home park or
or existing mobile home subdivision.
(b) All mobile homes shall be anchored to resist
flotation, collapse, or lateral movement by
providing over-the-top and frame ties to ground
anchors. Specific requirements shall be that:
(i) over-the-top ties be provided at each end
of the mobile home, with one additional
tie per side, at an intermediate location,
on mobile homes of less than fifty feet,
and one additional tie per side for mobile
homes of fifty feet or more.
(ii) frame ties be provided at each corner of
the home, with four additional ties per
side at intermediate points for mobile
homes less than fifty feet long, and one
additional tie for mobile homes of fifty
feet or longer.
(iii) all components of the anchoring system be
capable of carrying a force of 4,800 pounds.
(iv) any additions to the mobile home be simi-
larly anchored.
(c) For new mobile home parks and subdivisions; for
expansions to existing mobile home parks
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and subdivisions; for existing mobile home parks
and subdivisions where the repair, reconstruction
or improvement of the streets, utilities and pads
equals or exceeds fifty percent of value of the
streets, utilities and pads before the repair,
reconstruction or improvement has commenced; and
for mobile homes not placed in a mobile home park
or subdivision, specific requirements shall be
that:
(i) stands or lots are elevated on compacted
fill, or on pilings, so that the lowest
floor of the mobile home will be at or above
the base flood level.
(ii) adequate surface drainage and access for a
hauler are provided.
(iii) in the instance of elevation on pilings,
that (1) lots are large enough to permit
steps; (2) piling foundations are placed
in stable soil no more than ten feet apart;
and (3) reinforcement is provided for pil-
ings more than six feet above the ground
level.
(4) Floodways - located within areas of special flood
hazard established in Section 3 are areas designated
as floodways. Since the flooding is an extremely
hazardous area due to the velocity of flood waters
which carry debris, potential projectiles and
erosion potential, the following provisions shall
apply:
(a) Prohibit encroachments, including fill, new
construction, substantial improvements and
other developments, unless certification by
a registered professional engineer or archi-
tect is provided, demonstrating that encroach-
ments shall not result in any increase in flood
levels during occurrence of the base flood
discharge.
(b) If Section 8 (B) (4) is satisfied, all new
construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of Section 8o
SECTION 9. STANDARDS FOR AREAS OF SHALLOW FLOODING. Located
within the areas of special flood hazard established in Section 3
are areas designated as shallow flooding. These areas have special
flood hazards associated with base flood depths of one to three feet
where a clearly defined channel does not exist, and where the path
of flooding is unpredictable and indeterminate; therefore, the follow-
ing provisions apply:
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(1) All new construction and substantial improvements
of residential structures have the lowest floor,
including basement, elevated above the crown of the
nearest street to or above the depth number speci-
fied onthe community"s FIRM·
(2) All new construction and substantial improvements
of non-residential structures shall:
(a) have the lowest floor, including basement, ele-
vated above the crown of the nearest street to
or above the depth number specified on the FIRM,
or,
(b) together with attendant utility and sanitary
facilities, be completely floodproofed to or
above that level so that any space below that
level is watertight, with walls substantially
impermeable to the passage of water and with
structural components having the capability of
resisting hydrostatic and hydrodynamic leads
and effects of buoyancy.
SECTION 10. VARIANCE PROCEDURES AND CONDITIONS.
(1) The Board of Adjustments and Appeals shall hear and
decide appeals and requests for adjustments to the
requirements of this chapter· They shall also hear
and decide appeals from the determination made by
the Building Official in the enforcement or adminis-
tration of this chapter.
(2) Adjustments may be issued for the reconstruction,
rehabilitation or restoration of structures listed
on the National Register of Historic Places, or the
State Inventory of Historic Places, without regard
to the procedures set forth in the remainder of this
section.
(3) In passing upon such applications, the Board of Ad-
justments and Appeals shall consider all technical
evaluations, all relevant factors, standards speci-
fied in other sections of this chapter, and,
(a) the danger that materials may be swept onto other
other lands to theinjury of others.
(b) the danger to life and property due to flooding
or erosion danger.
(c) the susceptibility of the proposed facility and
its contentsto flood damage and the effect of
such damage on the individual owner.
(d) the importance of the services provided by the
proposed facility to the community.
(e) the safety of access to the property in times
of flood for ordinary and emergency vehicles,
(f) the cost of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities
and facilities, such as sewer, gas, electrical,
water systems, and streets and bridges.
(4) Upon consideration of the factors listed above,
and the purposes of this chapter,~theBoardof
Adjustments and Appeals may attach such conditions
to the granting of any adjustment as it deems
necessary to further the purposes of this chapter.
(5) Adjustments shall not be issued within any desig-
nated floodway if any increase in flood levels
during the base flood discharge would result.
(6) Conditions for adjustments:
(a) Adjustments shall onlybe issued upon a deter-
mination that the adjustment is the minimum
necessary, considering the flood hazard, to
afford relief.
(b) Adjustments shall only be issued upon:
(i) A showing of good and sufficient cause.
(ii) A determination that failure to grant
the adjustment would result in exceptional
hardship to the applicant.
(iii) A determination that the granting of the
adjustment will not result in increased
flood heights, additional threats to
public safety, extraordinary public ex-
pense, create nuisances, or conflict with
existing local laws or ordinances.
(c) Any applicant to whom an adjustment is granted
shall be given written notice specifying the
difference between the base flood elevation
and the elevation to which the structure is to
be built, and stating that the cost of flood
insurance will be commensurate with the in-
creased risk resulting from the reduced flood
elevation.
(d) The Building Official shall maintain the records
ofall appeal actions and report any adjustments
to the Federal Insurance Administration, upon
request.
SECTION 11. STANDARDS FOR SUBDIVISION PROPOSALS.
(1) All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize
flood damage.
(3) All subdivision proposals shall have adequate drain-
age provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for sub-
division proposals and other proposed development
which is greater than the lesser of fifty lots or
five acres,
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SECTION 12. SE~RABILITY. In the event any section,
sub-section, sentence, clause or phrase contained in this Ordin-
ance shall be declared or adjudicated to be invalid or unconstitu-
tional by a court of competent jurisdiction, all the refining
provisions of this Ordinance shall be and remain in full force
and effect.
SECTION 13. CONFLICTS. All ordinances or parts of
ordinances inconflict herewith are, to the extent of such con-
flict, herebyrepealed.
SECTION 14. EFFECTI~ DATE. This Ordinance shall take
effect September 17, 1980.
PASSED dID ADOPTED this ~th day of September
A.D. 198o,
Mayor
Attest:
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CERTIFICATE
I, Ho N. Tamm, Ir., City Clerk of the City of Sanford, Florida,
do hereby certify that a true and correct copy of the foregoing Ordi-
nance No. 1518, PASSED and ADOPTED by the City Commission of the City
of Sanford, Florida, on the 8th day of September, 1980, was POSTED at
the front door of the City Hall in the City of Sanford, Florida, on the
9th day of September, 1980.
City of Sanford, Florida