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