HomeMy WebLinkAboutItem 12 First Reading of Ordinance for Amendment to the Ocoee Land Development Code (LDC) pertaining to Part IA, Article VII, Floodplain Management
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: June 4, 2024
Item #: 12
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: First Reading of Ordinance for Amendment to the Ocoee Land Development Code
(LDC) pertaining to Part IA, Article VII, Floodplain Management. (Zoning Manager Whitfield)
Background Summary: Staff proposes changes to the City's current Floodplain Management Regulations,
as established in Part 1A of Article VII, in order to improve the flow and user-friendliness of the floodplain
regulations, increase flood resiliency within the City and improve the City's Rate Class in the National Flood
Insurance Program (NFIP) Community Rating System (CRS).
Local government participation in the NFIP's Community Rating System provides discounts on the cost of
flood insurance premiums for NFIP policyholders, depending on the Rate Class awarded to the local
government. The table below details the class rates, credit points required, and respective cost discounts for
properties within a Special Flood Hazard Area (SFHA) and outside of an SFHA.
NFIP Insurance Discount Rate Class Credit Points
Required SFHA Property Non-SFHA Property
Class 6 2000 20% 10%
Class 7 1500 15% 5%
Class 8 1000 10% 5%
Class 9 500 5% 5%
Class 10 0 0% 0%
Over the past two (2) years, City personnel in various Departments undertook floodplain management
activities to qualify the City to participate in the CRS, and on December 7, 2023, the City was officially
awarded admittance to the National Flood Insurance Program's CRS as a Class 9, with 1,341 points. This
Class 9 Rate, which goes into effect on October 1, 2024, provides a five percent (5%) discount on the cost of
flood insurance premiums for most NFIP policies in the City issued or renewed on or after October 1,
2024. This will be in place for five (5) years so long as all Elevation Certificates for construction in flood zone
areas continue to be collected and filled out correctly. The City may take steps to increase its class rating at
any time; however, re-verification occurs in April to then be implemented the following October, if awarded by
the Florida Emergency Management Agency (FEMA). A municipality must maintain a rating for one (1) year
before being eligible to change its class rating. A new rating could go into effect as early as October 1, 2025,
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
with adoption of additional regulations and completion of other necessary steps in the re-verification process.
To that end, staff proposes an ordinance, prepared in collaboration with the Public Works Department and the
Florida Department of Emergency Management's Office of Floodplain Management (FDEM OFM), to respond
to recommendations from FDEM OFM and to provide guidance and requirements for development and
construction activity within flood hazard areas and special flood hazard areas. The table below summarizes
the proposed Code changes, compares them to the existing Code and indicates the Rate Class that could be
achieved with such Code changes.
Possible Rate Class Proposed Code Changes Current Code
TO MEET CLASS 8
PREREQUISITE
City has been awarded sufficient points for
Class 8; however, the awarding of this Class
has a prerequisite to remove the distinction or
differentiation between manufactured homes
and new construction, so all buildings are
required to be elevated to the same base
flood elevation in relation to the nearest
special flood hazard area.
Has distinction between
manufactured homes and new
construction homes and other
buildings
TO ACHIEVE HIGHER
CRS
CLASSIFICATION
(VIA POINTS)
1) Cumulative
Substantial
Improvements (80
points)
1. Reconstruction and repairs to
damaged buildings are counted
cumulatively for at least 10 years. (40
points are awarded towards the City’s
CRS Classification)
2. Improvements, modifications, and
additions to existing buildings are
counted cumulatively for at least 5
years. (20 points are awarded towards
the City’s CRS Classification)
3. The adoption of regulatory language
that qualifies properties for Increased
Cost of Compliance (ICC) insurance
coverage for repetitive loss. (20 points
are awarded towards the City’s CRS
Classification)
o Define Increased Cost of
Compliance
o Provide a technical amendment
to the Florida Building Code
1. There is no defined cumulation
period.
2. There is no defined cumulation
period.
3. There is no regulatory
language. Residents are not
eligible for ICC assistance (up to
$30,000)
2) Lower Substantial
Improvements
Threshold (20 points)
Decrease the regulatory threshold for
determining if a building is substantially
improved or substantially damaged from 50%
to 49%. (20 points are awarded towards the
City’s CRS Classification)
Current Substantial Damage and
Substantial Improvements
threshold is 50%.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
3) Protection of
Critical facilities (80
points)
New critical facilities are prohibited from the
500-year floodplain. (80 points are awarded
towards the City’s CRS Classification)
Critical Facilities are not
differentiated from other buildings
or structures, and protections do
not extend beyond the 100-year
floodplain. Current level of
protection could result in future
critical facilities to be at flood risk
during storms like Hurricanes Irma
and Ian.
4) Local Drainage
Protection (120
points)
1. Require lowest finished floor at 18-
inches above the crown of the
adjacent street. (60 points are
awarded towards the City’s CRS
Classification)
2. Lot drainage accounts for street
flooding and local drainage from and
onto adjoining properties, and protects
the building from local drainage flows.
(40 points are awarded towards the
City’s CRS Classification)
3. Positive drainage away from the
building to an approved point of
collection that does not create a
hazard or problem on neighboring
properties. (20 points are awarded
towards the City’s CRS Classification)
1.Currently implemented by the
City but not codified
2.Currently implemented by the
City but not codified
3.Currently implemented by the
City but not codified
5) Other Higher
Standards (Points
TBD)
Protection of 100-year flood carrying capacity
of drainageways both within and outside of
the Special Flood Hazard Areas (SFHAs).
(TBD, max 100 points that could be awarded
towards the City’s CRS Classification)
Current City protections include the
25-year, 24-hour storm event
conveyance capacity.
Lesser protections have resulted in
an estimated $1.25M drainage
improvement project in the West
Orange Industrial Complex and a
$0.55M drainage improvement
along Thornebrooke
6) General Changes
(For user-friendliness
of Code, not for
points)
1. Change the Code reference from Part
IA to Part II and update the numbering
of renumbered Part II to start at
Section 7-10 and place as "Reserved"
Sections 7-7 through 7-9 in Part I for
any future amendments to Part I
Natural Resource Management
2. Moved Definitions to follow the
General Provisions Section (similar to
Part I Natural Resources Management
for consistency)
3. Additional provisions relative to permit
submittal documentation to assist in
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
City review and improve
documentation of projects
Staff is hopeful that the proposed changes in the ordinance will help the City achieve a Rate Class of 7 or
better and result in greater insurance cost savings to the community.
Issue:
Should the Honorable Mayor and City Commissioners approve a proposed ordinance to amend Part 1A of
Article VII, Floodplain Management, in its entirety, in order to improve the City's Rate Class under the
Community Rating System and to increase flood resiliency within the City, specifically with regard to elevations
of manufactured homes and critical facilities in flood hazard areas, substantial damage and substantial
improvement projects, and development activity within special flood hazard areas?
Recommendations:
Planning & Zoning Commission (PZC) Recommendation:
The Planning & Zoning Commission considered this item at its May 14, 2024, public hearing. Following
discussions on how the market value of a building or structure would be determined and the cost/benefit of
being in the CRS, the PZC made a recommendation of approval of the proposed ordinance to amend Part 1A
of Article VII, Floodplain Management, in its entirety, in order to improve the City's Rate Class under the
Community Rating System and to increase flood resiliency within the City, specifically with regard to elevations
of manufactured homes and critical facilities in flood hazard areas, substantial damage and substantial
improvement projects, and development activity within special flood hazard areas.
Staff Recommendation:
Staff recommends the Honorable Mayor and City Commissioners approve the proposed ordinance to amend
Part 1A of Article VII, Floodplain Management, in its entirety, in order to improve the City's Rate Class under
the Community Rating System and to increase flood resiliency within the City, specifically with regard to
elevations of manufactured homes and critical facilities in flood hazard areas, substantial damage and
substantial improvement projects, and development activity within special flood hazard areas.
Attachments:
1. Floodplain Mgmt Ordinance
Financial Impacts:
None
Type of Item: First Reading
Page 119 of 162
ORDINANCE NO. 2024-
(LDC Update relating to Floodplain
Management Requirements)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE
CITY OF OCOEE LAND DEVELOPMENT CODE ARTICLE VII, PART 1A,
RELATING TO FLOODPLAIN MANAGEMENT, SPECIFICALLY WITH
REGARDS TO ELEVATION OF MANUFACTURED HOMES AND
CRITICAL FACILITIES IN FLOOD HAZARD AREAS, SUBSTANTIAL
DAMAGE AND SUBSTANTIAL IMPROVEMENT, DEVELOPMENT
ACTIVITY WITHIN FLOOD HAZARD AND SPECIAL FLOOD HAZARD
AREAS, AND PROVISIONS FOR DRAINAGE; PROVIDING FOR
APPLICABILITY, CONFLICT AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 – Municipalities,
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 Ocoee has applied to participate in the National Flood Insurance
Program and participates in the NFIP’s Community Rating System, a voluntary incentive program
that recognizes and encourages community floodplain management activities that exceed the
minimum program requirements in order to improve community flood resiliency which will make
citizens who purchase NFIP flood insurance policies eligible for premium discounts; and
WHEREAS, in 2020 the NFIP Community Rating System established certain minimum
prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and
WHEREAS, to satisfy the prerequisite and for the City of Ocoee to achieve a Class 8 or
better, all manufactured homes installed or replaced in special flood hazard areas must be
elevated to or above at least the base flood elevation plus 1 foot, which necessitates modification
of the existing requirements; and
WHEREAS, the City of Ocoee determined that it is in the public interest to amend the
floodplain management regulations to better protect manufactured homes and to continue
participating in the Community Rating System at the current class rating; and
WHEREAS, Chapter 553, Florida Statutes, allows for local administrative and technical
amendments to the Florida Building Code that provide for more stringent requirements than those
specified in the Code and allows adoption of local administrative and local technical amendments
to the Florida Building Code to implement the National Flood Insurance Program and incentives;
and
WHEREAS, the City of Ocoee is adopting requirements to (1) require buildings that
sustain repetitive flood damage over a 10-year period to be included in the definition of
“substantial damage,” (2) reduce the percentage used to determine substantial improvement and
substantial damage, (3) require accumulation of costs of improvements and repairs of buildings,
based on issued building permits, over a 5-year period, (4) increase the minimum elevation
requirement for buildings and structures in flood hazard areas, (5) define critical facilities and
restrict their development within the 500-year floodplain, and (6) adopt regulatory language that
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qualifies properties for Increased Cost of Compliance (ICC) insurance coverage for repetitive loss
for purpose of participating in the National Flood Insurance Program’s Community Rating System
and, pursuant to Section 553.73(5), F.S., is formatting those requirements to coordinate with the
Florida Building Code; and
WHEREAS, the City of Ocoee has determined that it is in the public interest to adopt the
proposed local technical amendments to the Florida Building Code, and the proposed
amendments are not more stringent than necessary to address the need identified, do not
discriminate against materials, products or construction techniques of demonstrated capabilities,
and are compliant with Section 553.73(4), Florida Statutes.
WHEREAS, on May 14, 2024, the Planning and Zoning Commission, acting as the Local
Planning Agency, held an advertised and publicly noticed public hearing and recommended
approval of the amendments proposed by staff to revise Part 1A, Article VII, of the LDC as
prescribed herein; and
WHEREAS, the Ocoee City Commission, in good faith, determines that this Ordinance is
in the best interest of the City and its residents and promotes the health, safety, and welfare of
the public; and
WHEREAS, following the advertisement and duly noticed public hearing on the Ordinance
on Tuesday, June 18, 2024, the Ocoee City Commission approved the amendments to Part 1A,
Article VII, of the LDC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and
correct and incorporated herein by this reference.
SECTION 2. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166,
Florida Statutes.
SECTION 3. AMENDMENTS TO THE LAND DEVELOPMENT CODE. Part 1A of Article VII of
the City of Ocoee Land Development Code is hereby amended to read as depicted in Exhibit
“A”.
SECTION 4. FISCAL IMPACT STATEMENT. In terms of design, plan application review,
construction and inspection of buildings and structures, the cost impact as an overall average is
negligible in regard to the local technical amendments of the Florida Building Code (FBC) because
all development has been subject to the requirements of the local floodplain management
ordinance adopted for participation in the National Flood Insurance Program. Therefore, in terms
of lower potential for flood damage, there will be continued savings and benefits to consumers.
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SECTION 5. CONFLICT. The ordinance prevails in the event of any inconsistency with all
ordinances or parts of ordinances in conflict herewith.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portion hereto.
SECTION 7. CODIFICATION. It is the intention of the Ocoee City Commission that the provisions
stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City;
and that sections of this Ordinance may be renumbered or re-lettered and the word “ordinance”
may be changed to “chapter”, “section”, “article”, or such other appropriate word or phrase in order
to accomplish such intentions; and regardless of whether such inclusion in the Code is
accomplished, sections of this Ordinance may be renumbered or re-lettered, and the correction
of typographical errors which do not affect the intent may be authorized by the City Manager,
without the need of public hearing, by filing a corrected or re-codified copy of same with the City
Clerk.
SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this ________ day of __________________________, 2024.
[Space intentionally blank]
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ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY THE CITY
OF OCOEE, FLORIDA; APPROVED AS TO
FORM AND LEGALITY
this ______ day of _________________, 2024.
FISHBACK DOMINICK
By:
City Attorney
ADVERTISED ___________________, 2024
READ FIRST TIME _______________, 2024.
READ SECOND TIME AND ADOPTED
_______________________________, 2024.
UNDER AGENDA ITEM NO. _______
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EXHIBIT “A”
Part 1A of Article VII is hereby re-designated as Part II and amended to read as follows, with
strike-through representing deletions, underline representing additions, double underline
represents a relocation of text, and yellow highlighted underlined text representing language
provided by the Florida Department of Management (FDEM) Office of Floodplain Management
(OFM) in order to achieve credits towards achieving higher ratings under the Community Rating
System (CRS).
PART II1A FLOODPLAIN MANAGEMENT
§ 7-10A. GENERAL PROVISIONS.
A. Title.
These regulations shall be known as the Floodplain Management Ordinance of the City of
Ocoee, hereinafter referred to as "this Article."
B. Scope.
The provisions of this Article shall apply to all development that is wholly within or partially
within any flood hazard area, including, but not limited to, the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of
buildings, structures, and facilities that are exempt from the Florida Building Code; placement,
installation, or replacement of manufactured homes and manufactured buildings; installation
or replacement of tanks; placement of recreational vehicles; installation of swimming pools;
and any other development. Where stated explicitly, certain provisions of this Article shall
apply to development in all areas of the City, including lands located outside of mapped special
flood hazard areas.
C. Intent.
The purposes of this Article and the flood load and flood-resistant construction requirements
of the Florida Building Code are to establish minimum requirements to safeguard the public
health, safety, and general welfare and to minimize public and private losses due to flooding
through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times of
flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
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(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
D. Coordination with the Florida Building Code.
This Article is intended to be administered and enforced in conjunction with the Florida Building
Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the
Florida Building Code.
E. Warning.
The degree of flood protection required by this Article and the Florida Building Code, as
amended by the City, is considered the minimum reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur. Flood
heights may be increased by manmade or natural causes. This Article does not imply that land
outside of mapped special flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage. The flood hazard areas and base flood
elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring the City to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this Article.
F. Disclaimer of Liability.
This Article shall not create liability on the part of the City Commission of the City of Ocoee or
by any officer or employee thereof for any flood damage that results from reliance on this
Article or any administrative decision lawfully made thereunder.
§ 7-119A. DEFINITIONS.
A. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
articleordinance, have the meanings shown in this section. Where terms are not defined in this
Article and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in the Florida Building Code. Where terms are not defined in this Article or
the Florida Building Code, such terms shall have ordinarily accepted meanings such as the
context implies.
(1)Alteration of a Watercourse. A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other form of modification which may alter, impede, retard or
change the direction and/or velocity of the riverine flow of water during conditions of the
base flood.
(2)Appeal. A request for a review of the Floodplain Administrator's interpretation of any
provision of this Article.
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(3)ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by
the Florida Building Code. ASCE 24 is developed and published by the American Society of
Civil Engineers, Reston, VA.
(4)Base Flood. A flood having a one (1) percent chance of being equaled or exceeded in any
given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to
as the "100-year flood" or the "1-percent-annual chance flood."
(5)Base Flood Elevation. The elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or
other datum specified on the FIRM. [Also defined in FBC, B, Section 202.]
(6)Basement. The portion of a building having its floor subgrade (below ground level) on all
sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)".]
(7)Critical facility. 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. The term includes facilities that are assigned
Flood Design Class 3 and Flood Design Class 4 pursuant to the Florida Building Code,
Building.
(7)Design Flood. The flood associated with the greater of the following two (2) areas: [Also
defined in FBC, B, Section 202.]
a. Area with a floodplain subject to a one (1) percent or greater chance of flooding in
any year; or
b. Area designated as a flood hazard area on the City's flood hazard map, or otherwise
legally designated.
(8)Design Flood Elevation. The elevation of the "design flood," including wave height,
relative to the datum specified on the City's legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest
existing grade of the building's perimeter plus the depth number (in feet) specified on the
flood hazard map. In areas designated as Zone AO where the depth number is not
specified on the map, the depth number shall be taken as being equal to two (2) feet.
[Also defined in FBC, B, Section 202.]
(9)Development. Any manmade change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, tanks, temporary structures, temporary
or permanent storage of equipment or materials, mining, dredging, filling, grading,
paving, excavations, drilling operations or any other land disturbing activities.
(10) Dry Floodproofing. A combination of design modifications, structural and non-structural
additions, changes, or adjustments to structures, including the attendant utilities and
equipment and sanitary facilities, being water tight with walls substantially impermeable
to the passage of water and with structural components having the capacity to resist flood
load, which reduces or eliminates flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
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(110)Encroachment. The placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity
of riverine flood hazard areas.
(121)Existing Building and Existing Structure. Any buildings and structures for which the "start
of construction" commenced before November 1, 1978. [Also defined in FBC, B, Section
202.]
(12)Existing Manufactured Home Park or Subdivision. 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 before November 1, 1978.
(13)Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
(134)Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
(145)Flood or Flooding. A general and temporary condition of partial or complete inundation
of normally dry land from: [Also defined in FBC, B, Section 202.]
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
(156)Flood Damage-Resistant Materials. Any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that
requires more than cosmetic repair. [Also defined in FBC, B, Section 202.]
(167)Flood Hazard Area. The greater of the following two (2) areas: [Also defined in FBC, B,
Section 202.]
a. The area within a floodplain subject to a 1-percent or greater chance of flooding in
any year.
b. The area within a floodplain subject to a 0.2% or greater chance of flooding in a year.
cb. The area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
(178)Flood Insurance Rate Map (FIRM). The official map of the City on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the
risk premium zones applicable to the City. [Also defined in FBC, B, Section 202.]
(189)Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (if applicable), the water surface elevations of the base flood, and
supporting technical data. [Also defined in FBC, B, Section 202.]
(1920)Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this Article (may be referred to as the Floodplain
Manager).
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(201)Floodplain Development Permit or Approval. An official document or certificate issued
by the City, or other evidence of approval or concurrence, which authorizes performance
of specific development activities that are located in flood hazard areas and that are
determined to be compliant with this Article.
(212)Floodway. The channel of a river or other riverine 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 one (1) foot. [Also defined in FBC, B,
Section 202.]
(223)Floodway Encroachment Analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base
flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer
using standard engineering methods and models.
(234)Florida Building Code or FBC. The family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code, Residential;
Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida
Building Code, Plumbing; Florida Building Code, Fuel Gas.
(245)Functionally Dependent Use. A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities; the term does not include long-term storage or related
manufacturing facilities.
(256)Highest Adjacent Grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
(267)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,
Historic Buildings.
(27) Increased Cost of Compliance (ICC) means 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 Ocoee 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 dry floodproof,
relocate, elevate, or demolish the structure.
(28)Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
a.Letter of Map Amendment (LOMA): An amendment based on technical data
showing that a property was incorrectly included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map and
establishes that a specific property, portion of a property, or structure is not located
in a special flood hazard area.
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b.Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
c.Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is,
therefore, no longer located within the special flood hazard area. In order to qualify
for this determination, the fill must have been permitted and placed in accordance
with the City's floodplain management regulations.
d.Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the
minimum NFIP requirements for such projects with respect to delineation of special
flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map
or Flood Insurance Study; upon submission and approval of certified as-built
documentation, a Letter of Map Revision may be issued by FEMA to revise the
effective FIRM.
(29)Light-Duty Truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight
thousand five hundred (8,500) pounds Gross Vehicular Weight Rating or less which has a
vehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle
frontal area of forty-five (45) square feet or less, which is:
a. Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
b. Designed primarily for transportation of persons and has a capacity of more than
twelve (12) persons; or
c. Available with special features enabling off-street or off-highway operation and use.
(30)Lowest Floor. The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, other than
a basement, usable solely for vehicle parking, building access or limited storage provided
that such enclosure is not built so as to render the structure in violation of the non-
elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B,
Section 202.]
(31)Manufactured Home. A structure, transportable in one (1) or more sections, which is
eight (8) feet or more in width and greater than four hundred (400) square feet, and which
is built on a permanent, integral 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" or "park trailer." [Also defined in 15C-
1.0101, F.A.C.]
(32)Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or sale.
(33)Market Value. The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in this Article, the term refers to the
market The value of buildings and structures, as those terms are used in this article and
in the Florida Building Code, excluding the land and other improvements on the parcel.
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Market value may be established by a qualified independent appraiser,is the Actual Cash
Value (in-kind replacement cost depreciated for age, wear and tear, neglect, 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 County Property
Appraiser.
(34)New Construction. For the purposes of administration of this Article and the flood
resistant construction requirements of the Florida Building Code, structures for which the
"start of construction" commenced on or after November 1, 1978, and includes any
subsequent improvements to such structures.
(35)New Manufactured Home Park or Subdivision. 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 November 1, 1978.
(36)Park Trailer. A transportable unit which has a body width not exceeding fourteen (14)
feet and which is built on a single chassis and is designed to provide seasonal or temporary
living quarters when connected to utilities necessary for operation of installed fixtures
and appliances. [Defined in Section 320.01, Florida Statutes.]
(37)Recreational Vehicle. A vehicle, including a park trailer, which is: [see in Section 320.01,
Florida Statutes.]
a. Built on a single chassis;
b. Four hundred (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.
(38)Special Flood Hazard Area. An area in the floodplain subject to a one (1) percent or
greater chance of flooding in any given year. Special flood hazard areas are shown on
FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section
202.]
(39)Start of Construction. The date of issuance of permits for new construction and
substantial improvements, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within one
hundred and eighty (180) days of the date of the issuance. The actual start of construction
means either the first placement of permanent construction of a building (including a
manufactured home) on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers,
or foundations, the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main buildings.
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
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that alteration affects the external dimensions of the building. [Also defined in FBC, B
Section 202.]
(40)Substantial Damage. Damage of any origin sustained by a building or structure whereby
the cost of restoring the building or structure to its before-damaged condition would
equal or exceed fifty (50) forty-nine (49) percent of the market value of the building or
structure before the damage occurred. The term also includes flood-related damage
sustained by a building or structure on two 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 twenty-five percent (25%) of the market value of the building or structure before
the damage occurred. Where cumulative cost of repair of damages equates to forty-nine
(49) percent or greater of the market value at the time of each event, during a 10-year
period, the building or structure must be brought into compliance. [Also defined in FBC,
B Section 202.]
(41)Substantial Improvement. Any combination of repair, reconstruction, rehabilitation,
addition, or other improvement of a building or structure taking place during a 5-year
period, the cumulative cost of which equals or exceeds fifty (50)forty-nine (49) percent
of the market value of the building or structure before the improvement or repair is
started. The period of accumulation begins when the first improvement or repair of each
building is permitted subsequent to June 18, 2024. If the structure has incurred
"substantial damage," any repairs are considered substantial improvement regardless of
the actual repair work performed. The term does not, however, include either: [Also
defined in FBC, B, Section 202.]
a. Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are the
minimum necessary to assure safe living conditions.
b. Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure. [See Instructions and
Notes.]
(42)Variance. A grant of relief from the requirements of this Article, or the flood-resistant
construction requirements of the Florida Building Code, which permits construction in a
manner that would not otherwise be permitted by this Article or the Florida Building Code.
(43)Watercourse. A river, creek, stream, channel or other topographic feature in, on, through,
or over which water flows at least periodically.
§ 7-122A. APPLICABILITY.
A. General.
Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
B. Areas to Which This Article Applies.
This Article shall apply to all development in the flood hazard areas within the corporate limits
of the City of Ocoee, as established in Section 7-122A(C) of this Article.
C. Basis for Establishing Flood Hazard Areas.
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The Flood Insurance Study for Orange County, Florida and Incorporated Areas dated June 20,
2018 September 24, 2021, and all subsequent amendments and revisions, and the
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and
revisions to such maps, are adopted by reference as a part of this Article and shall serve as the
minimum basis for establishing flood hazard areas. Studies and maps that establish flood
hazard areas are on file at the Ocoee Building Division, 150 N. Lakeshore Drive1 North Bluford
Avenue, Ocoee.
D. Submission of Additional Data to Establish Flood Hazard Areas.
To establish flood hazard areas and base flood elevations, pursuant to Section 7-155A of this
Article, the Floodplain Administrator may require submission of additional data. Where field
surveyed topography prepared by a Florida licensed professional surveyor or digital topography
accepted by the City indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area and
subject to the requirements of this Article and, as applicable, the requirements of the
Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
E. Other laws.
The provisions of this Article shall not be deemed to nullify any provisions of Local, State, or
Federal law.
F. Abrogation and Greater Restrictions.
This Article supersedes any ordinance in effect for management of development in flood hazard
areas. However, it is not intended to repeal or abrogate any existing ordinances including, but
not limited to, land development regulations, zoning ordinances, stormwater management
regulations, or the Florida Building Code. In the event of a conflict between this Article and any
other ordinance, the more restrictive shall govern. This Article shall not impair any deed
restriction, covenant, or easement, but any land that is subject to such interests shall also be
governed by this Article.
G. Interpretation.
In the interpretation and application of this Article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under State statutes.
§ 7-133A. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.
A. Designation.
The Building Official is designated as the Floodplain Administrator. The Floodplain
Administrator may delegate performance of certain duties to other employees.
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B. General.
The Floodplain Administrator is authorized and directed to administer and enforce the
provisions of this Article. The Floodplain Administrator shall have the authority to render
interpretations of this Article consistent with the intent and purpose of this Article and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this Article without the granting of a variance pursuant to Section 7-
177A. of this Article.
C. Applications and Permits.
The Floodplain Administrator, in coordination with other pertinent offices of the City, shall:
(1) Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this Article;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably safe
from flooding;
(7) Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings, structures
and facilities exempt from the Florida Building Code, when compliance with this Article is
demonstrated, or disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that applications,
plan reviews, and inspections for buildings and structures in flood hazard areas comply
with the applicable provisions of this Article.
D. Substantial Improvement and Substantial Damage Determinations.
For applications for building permits to improve buildings and structures, including alterations,
movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other
improvement of or work on such buildings and structures, the Floodplain Administrator, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
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(2) Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; for proposed work to repair damage
caused by flooding, the determination requires evaluation of previous permits issued to
repair flood-related damage as specified in the definition of “substantial damage” and for
improvements and repairs as specified in the definition of “substantial improvement”;
and
(4) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood-resistant construction
requirements of the Florida Building Code and this Article is required.
E. Modifications of the Strict Application of the Requirements of the Florida Building Code.
The Floodplain Administrator shall review requests submitted to the Building Official that seek
approval to modify the strict application of the flood load and flood-resistant construction
requirements of the Florida Building Code to determine whether such requests require the
granting of a variance pursuant to Section 7-177A. of this Article.
F. Notices and Orders.
The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance
of all necessary notices or orders to ensure compliance with this Article.
G. Inspections.
The Floodplain Administrator shall make the required inspections as specified in Section 7-
166A. of this Article for development that is not subject to the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code. The Floodplain
Administrator shall inspect flood hazard areas to determine if development is undertaken
without issuance of a permit.
H. Other duties of the Floodplain Administrator.
The Floodplain Administrator shall have other duties, including, but not limited to:
(1) Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 7-13D3A.(D) of this Article;
(2) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps (FIRMs) if the analyses proposed to change (a) base flood
elevations, (b) the flood hazard area boundaries of the 1% and 0.2% flood hazard areas,
or (c) floodway designations; such submissions shall be made within six (6) months of such
data becoming available;
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(4) Review required design certifications and documentation of elevations specified by this
Article and the Florida Building Code to determine that such certifications and
documentations are complete; and
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of
the City are modified.
I. Floodplain Management Records.
Regardless of any limitation on the period required for retention of public records, the
Floodplain Administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of this Article and the flood-
resistant construction requirements of the Florida Building Code, including Flood Insurance
Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits;
determinations of whether proposed work constitutes substantial improvement or repair of
substantial damage; required design certifications and documentation of elevations specified
by the Florida Building Code and this Article; notifications to adjacent communities, FEMA, and
the State related to alterations of watercourses; assurances that the flood-carrying capacity of
altered watercourses will be maintained; documentation related to appeals and variances,
including justification for issuance or denial; and records of enforcement actions taken
pursuant to this Article and the flood-resistant construction requirements of the Florida
Building Code. These records shall be available for public inspection at Ocoee Building Division,
150 N. Lakeshore Drive1 North Bluford Avenue, Ocoee.
§ 7-144A. PERMITS.
A. Permits Required.
Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any
development activity within the scope of this Article, including buildings, structures and
facilities exempt from the Florida Building Code, which is wholly within or partially within any
flood hazard area, shall first make application to the Floodplain Administrator and the Building
Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or
approval shall be issued until compliance with the requirements of this Article and all other
applicable codes and regulations has been satisfied.
B. Floodplain Development Permits or Approvals.
Floodplain development permits or approvals shall be issued pursuant to this Article for any
development activities not subject to the requirements of the Florida Building Code, including
buildings, structures, and facilities exempt from the Florida Building Code. Depending on the
nature and extent of proposed development that includes a building or structure, the
Floodplain Administrator may determine that a floodplain development permit or approval is
required in addition to a building permit.
C. Buildings, Structures, and Facilities Exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals
shall be required for the following buildings, structures and facilities that are exempt from the
Florida Building Code and any further exemptions provided by law, which are subject to the
requirements of this Article:
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(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in Section 604.50, Florida Statutes.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida
Statutes, which are directly involved in the generation, transmission, or distribution of
electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe
of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden
hut that has a thatched roof of palm or palmetto or other traditional materials, and that
does not incorporate any electrical, plumbing, or other non-wood features.
(7) Family mausoleums not exceeding two hundred fifty (250) square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site and have
walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
State correctional system.
(9) Structures identified in Section 553.73(10)(k), Florida Statutes, are not exempt from the
Florida Building Code if such structures are located in flood hazard areas established on
Flood Insurance Rate Maps.
D. Application for a Permit or Approval.
To obtain a floodplain development permit or approval the applicant shall first file an
application in writing on a form furnished by the City. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address, or similar description that will readily identify and definitively
locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 7-155A.
of this Article.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent. (If signed by the applicant's
authorized agent, an agent authorization form shall accompany the application.)
(7) Give such other data and information as required by the Floodplain Administrator.
E. Validity of Permit or Approval.
The issuance of a floodplain development permit or approval pursuant to this Article shall not
be construed to be a permit for, or approval of, any violation of this Article, the Florida Building
Codes, or any other ordinance of this City. The issuance of permits based on submitted
applications, construction documents, and information shall not prevent the Floodplain
Administrator from requiring the correction of errors and omissions.
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F. Expiration.
A floodplain development permit or approval shall become invalid unless the work authorized
by such permit is commenced within one hundred and eighty (180) days after its issuance, or if
the work authorized is suspended or abandoned for a period of one hundred and eighty (180)
days after the work commences. Extensions for periods of not more than one hundred and
eighty (180) days each shall be requested in writing and justifiable cause shall be demonstrated
for such request.
G. Suspension or Revocation.
The Floodplain Administrator is authorized to suspend or revoke a floodplain development
permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate, or
incomplete information, or in violation of this Article or any other ordinance, regulation, or
requirement of the City, County, State, or Federal government.
H. Other Permits Required.
Floodplain development permits and building permits shall include a condition that all other
applicable State or Federal permits be obtained before commencement of the permitted
development, including, but not limited to, the following:
(1) The St. Johns River Water Management District; Section 373.036, Florida Statutes.
(2) Florida Department of Health for onsite sewage treatment and disposal systems; Section
381.0065, Florida Statutes and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; Section 161.055, Florida Statutes.
(4) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
(5) Federal permits and approvals.
§ 7-155A. SITE PLANS AND CONSTRUCTION DOCUMENTS.
A. Information for Development in Flood Hazard Areas.
The site plan or construction documents for any development subject to the requirements of
this Article shall be drawn to scale and shall include, as applicable to the proposed
development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations, and lowest floor elevations shall be provided on the
site plan, survey and FEMA Elevation Certificate, if necessary for review of the proposed
development.
(2) Where base flood elevations or floodway data are not included on the FIRM or in the
Flood Insurance Study, these shall be established in accordance with Section 7-155A.(B)(2)
or (3) of this Article.
(3) Where the parcel on which the proposed development will take place will have more than
fifty (50) lots or is larger than five (5) acres and the base flood elevations are not included
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on the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 7-155A.(B)(1) of this Article.
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation,
drainage facilities, and stormwater management plans; elevations shall be referenced to
the datum on the FIRM.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
(7) Existing and proposed alignment of any proposed alteration of a watercourse, and the
extent to which any swamp, marsh, lake, or pond will be altered, relocated, or created.
(8) Copy of the proposed stormwater management report and floodplain study, if any,
complete with supporting documentation.
(9) For improvements and repairs to nonconforming structures within the SFHA that do not
meet the definitions of substantial damage or substantial improvement, flood damage-
resistant materials shall be used.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this Article but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance with this Article.
B. Information in Special Flood Hazard Areas without Base Flood Elevations (Approximate Zone
A).
Where special flood hazard areas are delineated on the FIRM and base flood elevation data
have not been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants the base flood elevation and floodway data
available from a Federal or State agency or other source or require the applicant to obtain
and use base flood elevation and floodway data available from a Federal or State agency
or other source.
(3) Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared in accordance
with currently accepted engineering practices; or
(b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade
at the location of the development, provided there is no evidence indicating flood
depths have been or may be greater than two (2) feet.
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(4) Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed
engineer in a format required by FEMA, and that it shall be the responsibility of the
applicant to satisfy the submittal requirements and pay the processing fees.
C. Additional Analyses and Certifications.
As applicable to the location and nature of the proposed development activity, and in addition
to the requirements of this Section, the applicant shall have the following analyses signed and
sealed by a Florida licensed engineer for submission with the site plan and construction
documents:
(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Section 7-155A.(D) of this
Article and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with
the site plan and construction documents.
(2) For development activities that propose alterations to the boundaries of the special flood
hazard area, the applicant shall submit analyses and documentation to FEMA as specified
in Section 7-15D of this Article and shall submit the Conditional Letter of Map Revision, if
issued by FEMA, to the City with the site plan and construction documents.
(32) For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM and
floodways have not been designated, hydrologic and hydraulic analyses that demonstrate
that the cumulative effect of the proposed development, when combined with all other
existing and anticipated flood hazard area encroachments, will not increase the base flood
elevation more than one (1) foot at any point within the City. This requirement does not
apply in isolated flood hazard areas not connected to a riverine flood hazard area or in
special flood hazard areas identified as Zone AO or Zone AH.
(43) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to
FEMA as specified in Section 7-155A.(D) of this Article.
(5) For Non-Residential Structures, a Floodproofing Certificate is required for a floodproofed
non-residential building in addition to the Elevation Certificate. A complete and correct
Floodproofing Certificate is required to be submitted to the Building Division once
construction is finished on the building but before the certificate of occupancy is issued.
D. Submission of Additional Data.
When additional hydrologic, hydraulic or other engineering data, studies, and additional
analyses are submitted to support an application, the applicant shall has the right to seek a
Letter of Map Change from FEMA, as appropriate, to change the base flood elevations, change
floodway boundaries, or change boundaries of the 1% and 0.2% flood hazard areas shown on
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FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by
a Florida licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
§ 7-166A. INSPECTIONS.
A. General.
Development for which a floodplain development permit or approval is required shall be
subject to inspection.
B. Development Other than Buildings and Structures.
The Floodplain Administrator shall inspect all development to determine compliance with the
requirements of this Article and the conditions of issued floodplain development permits or
approvals.
C. Buildings, Structures, and Facilities Exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this Article and the
conditions of issued floodplain development permits or approvals.
D. Buildings, Structures, and Facilities Exempt from the Florida Building Code, Lowest Floor
Inspection.
Upon placement of the lowest floor, including basement, and prior to further vertical
construction, the owner of a building, structure or facility exempt from the Florida Building
Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
(1) If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 7-155A.(B)(3)(b) of this Article, the documentation
of height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner's authorized agent.
E. Buildings, Structures and Facilities Exempt from the Florida Building Code, Final Inspection.
As part of the final inspection, the owner or owner's authorized agent shall submit to the
Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 7-166A.(D) of this
Article.
F. Manufactured Homes.
The Floodplain Administrator shall inspect manufactured homes that are installed or replaced
in flood hazard areas to determine compliance with the requirements of this Article and the
conditions of the issued permit. Upon placement of a manufactured home, certification of the
elevation of the lowest floor shall be submitted to the Floodplain Administrator.
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§ 7-177A. VARIANCES AND APPEALS.
A. General.
The City Commission shall hear and decide on requests for appeals and requests for variances
from the strict application of this Article. Pursuant to Section 553.73(5), Florida Statutes, the
City Commission shall hear and decide on requests for appeals and requests for variances from
the strict application of the flood-resistant construction requirements of the Florida Building
Code.
B. Appeals.
The City Commission shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
administration and enforcement of this Article. Any person aggrieved by the decision may
appeal such decision to the Circuit Court, as provided by Florida Statutes.
C. Limitations on Authority to Grant Variances.
The City Commission shall base its decisions on variances on technical justifications submitted
by applicants, the considerations for issuance in Section 7-177A.(G) of this Article, the
conditions of issuance set forth in Section 7-177A.(H) of this Article, and the comments and
recommendations of the Floodplain Administrator and the Building Official. The City
Commission has the right to impose such conditions as it deems necessary to further the
purposes and objectives of this Article.
D. Restrictions in Floodways.
A variance shall not be issued for any proposed development in a floodway if any increase in
base flood elevations would result, as evidenced by the applicable analyses and certifications
required in Section 7-155A.(C) of this Article.
E. 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, 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.
F. Functionally Dependent Uses.
A variance is authorized to be issued for the construction or substantial improvement necessary
for the conduct of a functionally dependent use, as defined in this Article, provided the variance
meets the requirements of Section 7-177A.(D), is the minimum necessary considering the flood
hazard, and all due consideration has been given to use of methods and materials that minimize
flood damage during occurrence of the base flood.
G. Considerations for Issuance of Variances.
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In reviewing requests for variances, the City Commission shall consider all technical
evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this
Article, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the community;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) 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, streets, and bridges.
H. Conditions for Issuance of Variances.
Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this Article or the required elevation standards;
(2) Determination by the City Commission that:
(a) Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; increased costs to
satisfy the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with existing local laws and
ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford
relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the County Comptroller in such a manner that it appears in the
chain of title of the affected parcel of land; and
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(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of
insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
§ 7-188A. VIOLATIONS.
A. Violations.
Any development that is not within the scope of the Florida Building Code but that is regulated
by this Article that is performed without an issued permit, that is in conflict with an issued
permit, or that does not fully comply with this Article, shall be deemed a violation of this Article.
A building or structure without the documentation of elevation of the lowest floor, other
required design certifications, or other evidence of compliance required by this Article or the
Florida Building Code is presumed to be a violation until such time as that documentation is
provided.
B. Authority.
For development that is not within the scope of the Florida Building Code but that is regulated
by this Article and that is determined to be a violation, the Floodplain Administrator is
authorized to serve notices of violation or stop work orders to owners of the property involved,
to the owner's agent, or to the person or persons performing the work.
C. Unlawful Continuance.
Any person who shall continue any work after having been served with a notice of violation or
a stop work order, except such work as that person is directed to perform to remove or remedy
a violation or unsafe condition, shall be subject to penalties. Violation of the provisions of this
section or failure to comply with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or special exceptions, shall
constitute a misdemeanor. Any person who violates this Code or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than five hundred dollars
($500.00) or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay
all costs and expenses involved in the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall prevent the City of Ocoee from
taking such other lawful action as is necessary to prevent or remedy any violation.
§ 7-9A. DEFINITIONS.
A. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
ordinance, have the meanings shown in this section. Where terms are not defined in this Article
and are defined in the Florida Building Code, such terms shall have the meanings ascribed to
them in the Florida Building Code. Where terms are not defined in this Article or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
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(1)Alteration of a Watercourse. A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other form of modification which may alter, impede, retard or
change the direction and/or velocity of the riverine flow of water during conditions of the
base flood.
(2)Appeal. A request for a review of the Floodplain Administrator's interpretation of any
provision of this Article.
(3)ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by
the Florida Building Code. ASCE 24 is developed and published by the American Society of
Civil Engineers, Reston, VA.
(4)Base Flood. A flood having a one (1) percent chance of being equaled or exceeded in any
given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to
as the "100-year flood" or the "1-percent-annual chance flood."
(5)Base Flood Elevation. The elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or
other datum specified on the FIRM. [Also defined in FBC, B, Section 202.]
(6)Basement. The portion of a building having its floor subgrade (below ground level) on all
sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)".]
(7)Design Flood. The flood associated with the greater of the following two (2) areas: [Also
defined in FBC, B, Section 202.]
a. Area with a floodplain subject to a one (1) percent or greater chance of flooding in
any year; or
b. Area designated as a flood hazard area on the City's flood hazard map, or otherwise
legally designated.
(8)Design Flood Elevation. The elevation of the "design flood," including wave height,
relative to the datum specified on the City's legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest
existing grade of the building's perimeter plus the depth number (in feet) specified on the
flood hazard map. In areas designated as Zone AO where the depth number is not
specified on the map, the depth number shall be taken as being equal to two (2) feet.
[Also defined in FBC, B, Section 202.]
(9)Development. Any manmade change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, tanks, temporary structures, temporary
or permanent storage of equipment or materials, mining, dredging, filling, grading,
paving, excavations, drilling operations or any other land disturbing activities.
(10)Encroachment. The placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity
of riverine flood hazard areas.
(11)Existing Building and Existing Structure. Any buildings and structures for which the "start
of construction" commenced before November 1, 1978. [Also defined in FBC, B, Section
202.]
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(12)Existing Manufactured Home Park or Subdivision. 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 before November 1, 1978.
(13)Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
(14)Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
(15)Flood or Flooding. A general and temporary condition of partial or complete inundation
of normally dry land from: [Also defined in FBC, B, Section 202.]
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
(16)Flood Damage-Resistant Materials. Any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that
requires more than cosmetic repair. [Also defined in FBC, B, Section 202.]
(17)Flood Hazard Area. The greater of the following two (2) areas: [Also defined in FBC, B,
Section 202.]
a. The area within a floodplain subject to a 1-percent or greater chance of flooding in
any year.
b. The area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
(18)Flood Insurance Rate Map (FIRM). The official map of the City on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the
risk premium zones applicable to the City. [Also defined in FBC, B, Section 202.]
(19)Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (if applicable), the water surface elevations of the base flood, and
supporting technical data. [Also defined in FBC, B, Section 202.]
(20)Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this Article (may be referred to as the Floodplain
Manager).
(21)Floodplain Development Permit or Approval. An official document or certificate issued
by the City, or other evidence of approval or concurrence, which authorizes performance
of specific development activities that are located in flood hazard areas and that are
determined to be compliant with this Article.
(22)Floodway. The channel of a river or other riverine 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 one (1) foot. [Also defined in FBC, B,
Section 202.]
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(23)Floodway Encroachment Analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base
flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer
using standard engineering methods and models.
(24)Florida Building Code or FBC. The family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code, Residential;
Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida
Building Code, Plumbing; Florida Building Code, Fuel Gas.
(25)Functionally Dependent Use. A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities; the term does not include long-term storage or related
manufacturing facilities.
(26)Highest Adjacent Grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
(27)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,
Historic Buildings.
(28)Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
a.Letter of Map Amendment (LOMA): An amendment based on technical data
showing that a property was incorrectly included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map and
establishes that a specific property, portion of a property, or structure is not located
in a special flood hazard area.
b.Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
c.Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is,
therefore, no longer located within the special flood hazard area. In order to qualify
for this determination, the fill must have been permitted and placed in accordance
with the City's floodplain management regulations.
d.Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the
minimum NFIP requirements for such projects with respect to delineation of special
flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map
or Flood Insurance Study; upon submission and approval of certified as-built
documentation, a Letter of Map Revision may be issued by FEMA to revise the
effective FIRM.
(29)Light-Duty Truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight
thousand five hundred (8,500) pounds Gross Vehicular Weight Rating or less which has a
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vehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle
frontal area of forty-five (45) square feet or less, which is:
a. Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
b. Designed primarily for transportation of persons and has a capacity of more than
twelve (12) persons; or
c. Available with special features enabling off-street or off-highway operation and use.
(30)Lowest Floor. The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, other than
a basement, usable solely for vehicle parking, building access or limited storage provided
that such enclosure is not built so as to render the structure in violation of the non-
elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B,
Section 202.]
(31)Manufactured Home. A structure, transportable in one (1) or more sections, which is
eight (8) feet or more in width and greater than four hundred (400) square feet, and which
is built on a permanent, integral 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" or "park trailer." [Also defined in 15C-
1.0101, F.A.C.]
(32)Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or sale.
(33)Market Value. The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in this Article, the term refers to the
market value of buildings and structures, excluding the land and other improvements on
the parcel. Market value may be established by a qualified independent appraiser, Actual
Cash Value (replacement cost depreciated for age and quality of construction), or tax
assessment value adjusted to approximate market value by a factor provided by the
Property Appraiser.
(34)New Construction. For the purposes of administration of this Article and the flood
resistant construction requirements of the Florida Building Code, structures for which the
"start of construction" commenced on or after November 1, 1978, and includes any
subsequent improvements to such structures.
(35)New Manufactured Home Park or Subdivision. 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 November 1, 1978.
(36)Park Trailer. A transportable unit which has a body width not exceeding fourteen (14)
feet and which is built on a single chassis and is designed to provide seasonal or temporary
living quarters when connected to utilities necessary for operation of installed fixtures
and appliances. [Defined in Section 320.01, Florida Statutes.]
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(37)Recreational Vehicle. A vehicle, including a park trailer, which is: [see in Section 320.01,
Florida Statutes.]
a. Built on a single chassis;
b. Four hundred (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.
(38)Special Flood Hazard Area. An area in the floodplain subject to a one (1) percent or
greater chance of flooding in any given year. Special flood hazard areas are shown on
FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section
202.]
(39)Start of Construction. The date of issuance of permits for new construction and
substantial improvements, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within one
hundred and eighty (180) days of the date of the issuance. The actual start of construction
means either the first placement of permanent construction of a building (including a
manufactured home) on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers,
or foundations, the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main buildings.
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. [Also defined in FBC, B
Section 202.]
(40)Substantial Damage. Damage of any origin sustained by a building or structure whereby
the cost of restoring the building or structure to its before-damaged condition would
equal or exceed fifty (50) percent of the market value of the building or structure before
the damage occurred. [Also defined in FBC, B Section 202.]
(41)Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds fifty (50)
percent of the market value of the building or structure before the improvement or repair
is started. If the structure has incurred "substantial damage," any repairs are considered
substantial improvement regardless of the actual repair work performed. The term does
not, however, include either: [Also defined in FBC, B, Section 202.]
a. Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are the
minimum necessary to assure safe living conditions.
b. Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure. [See Instructions and
Notes.]
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(42)Variance. A grant of relief from the requirements of this Article, or the flood-resistant
construction requirements of the Florida Building Code, which permits construction in a
manner that would not otherwise be permitted by this Article or the Florida Building Code.
(43)Watercourse. A river, creek, stream, channel or other topographic feature in, on, through,
or over which water flows at least periodically.
§ 7-1910A. BUILDINGS AND STRUCTURES.
A.Design and construction of buildings, structures and facilities exempt from the Florida Building
Code. Pursuant to Section 7-144A.(C) of this Article, buildings, structures, and facilities that are
exempt from the Florida Building Code, including substantial improvement or repair of
substantial damage of such buildings, structures and facilities, shall be designed and
constructed in accordance with the flood load and flood resistant construction requirements
of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed
buildings shall comply with the requirements of Section 7-2516A. of this Article.
B. Florida Building Code, Technical Amendments.
a. The Substantial Damage and Substantial Improvement definitions in this Article lower
the percentage threshold for buildings and structures to achieve compliance within the
SFHA and clarify provisions regarding repetitive flood damage and cumulative substantial
improvements. In the Florida Building Code, Building and Existing Building, the definitions
for the terms "Substantial Damage" and "Substantial Improvement" shall be as provided
in Section 7-11.
b. Minimum building elevations: The minimum elevation for residential and non-
residential buildings in flood hazard areas shall be as specified in ASCE 24 or the base
flood elevation plus two (2) feet, whichever is higher.
C. Critical facilities. New critical facilities shall, to the extent feasible, be located outside of the
special flood hazard area and outside of the 0.2 percent annual chance flood hazard area
(500-year floodplain). If documentation is provided that feasible sites outside of the special
flood hazard that satisfy the objectives of a proposed critical facility are not available, then
the critical facility shall:
a. Have the lowest floor elevated or protected to at least the base flood elevation plus
2.0 feet or the elevation required by ASCE 24, whichever is higher;
b. Be constructed with dry floodproofing and sealing materials to prevent toxic
substances from being displaced by or released into floodwaters; and
c. Have access routes elevated to or above the base flood elevation to the maximum
extent possible to protect ingress/egress paths for residents, patients and emergency
services personnel.
D. Building elevation and drainage, at all location in the City including lands outside of mapped
special flood hazard areas:
a. In mapped special flood hazard areas, the lowest floor or elevation of dry
floodproofing shall be as required by Section 7-10B(1) or at or above the design
elevation of the on-site stormwater management system, whichever is greater.
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b. If a lot or site is reasonably level, or slopes toward the street, the minimum finished
floor elevation shall not be less than eighteen (18) inches above the highest crown of
that portion of the adjacent street, or right-of-way upon which the structure fronts.
This applies to grading classified as Type A or B grading.
c. If a lot or site slopes away from a street or road with continuous slope to the rear, the
finished floor elevation of any structure shall be at least one (1) foot above the finished
elevations at the side of the lot lines nearest the front corners of the dwelling. This
requirement applies to grading classification as Type C.
d. In addition to the conditions of paragraphs a, b, and c above, the finished floor
elevation shall be a minimum of six (6) inches above the rim elevation of the nearest
downstream gravity sewer manhole serving the lot.
e. It is the intent of the City that lots and buildings sites provide the necessary finished
floor elevation without excessive filling of land. Specific grading plans with proposed
finished floor elevations and grading shall be submitted for review and approval of the
Development Review Committee. When a subdivision lot grading plan has been
prepared and approved, specified finished floor elevations and grading types shall be
observed. Finished floor elevation shall not deviate below that specified in grading
plan by may be increased up to six (6) inches above that specified without approval.
Justification shall be provided for raising finished floor elevation more than six (6)
inches above that specified. An approved plan that specified individual elevations shall
supersede the requirements of b and c above and this paragraph.
f. Swales shall be constructed to carry runoff alongside the lot lines without allowing
unintended runoff to adjacent lots. Grading shall minimize the impact of runoff onto
other lots when intended by Type B and C Grading. Use of stem wall construction,
retaining walls or other techniques shall be considered to improve drainage and
aesthetics. Areas adjacent to structures or paved surfaces shall be graded to drain
away from the structures and pavement. Ponding shall be prohibited.
a.g.All slopes of 4:1 or greater shall be sodded. Sodded slopes shall not exceed 4:1 without
approval. Where lots adjoin ponds, natural, conservation, or common areas, the lot
line elevation specified on the subdivision plans (or natural elevation) shall be
maintained and the lot graded at a slope not to exceed 4:1.
§ 7-2011A. SUBDIVISIONS.
A. Minimum Requirements. Subdivision proposals, including proposals for manufactured home
parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
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Page 32 of 36
B. Subdivision Plats. Where any portion of proposed subdivisions, including manufactured home
parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood
elevations, as appropriate, shall be shown on preliminary plats;
(2) Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and base
flood elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 7-15A(3)5A.(B)(1) of this Article; and
(3) Compliance with the site improvement and utilities requirements of Section 7-2112A. of
this Article.
§ 7-2112A. SITE IMPROVEMENTS, UTILITIES, AND LIMITATIONS.
A. Minimum Requirements. All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
B. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private sewage
treatment plants (including all pumping stations and collector systems), and on-site waste
disposal systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or
eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood
waters, and impairment of the facilities and systems.
C. Water Supply Facilities. All new and replacement water supply facilities shall be designed in
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE
24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
D. Limitations on Sites in Regulatory Floodways. No development, including, but not limited to,
site improvements, and land-disturbing activity involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section 7-
155A.(C)(1) of this Article demonstrates that the proposed development or land-disturbing
activity will not result in any increase in the base flood elevation.
E. With the exception of the roadway drainage system or where a roadway or utility culvert does
not restrict the 100-year flood carrying capacity of the drainageway or where piping of
drainageway beyond a simple crossing does not restrict the 100-year flood carrying capacity
and provides additional water quality treatment beyond the sites required stormwater
measures, the following limitations on drainageways shall apply:
(1) Prohibit channelization within the Ocoee City Limits and;
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(2) Maintain a minimum of a five (5) foot buffer from top of bank where there is not a
special flood hazard area designation and;
(3) Utilize best management practices (BMPs) for top of bank management within buffer.
F. Where channelization or impacts have occurred or absolutely unavoidable in drainageways,
development or redevelopment may occur if enhancements are installed to return the
drainageways to a more natural flow regime or improved flood carrying capacity, such as:
(1) Daylighting the stream by removing the piped drainageway and reestablishing a
natural open channel flow regime, while maintaining the minimum drainage flood
carrying capacity, as per the City’s Engineering Standards Manual,
(2) Relocation or redirection of the drainageway in a manner that continues the system’s
flood carrying capacity without negatively impacting biodiversity, and
(3) Piped channelization is increased to accommodate a 100-year flood capacity with
additional water quality treatment beyond the sites required stormwater measures.
GE. Limitations on Placement of Fill. Subject to the limitations of this Article, fill shall be designed
to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only),
fill shall comply with the requirements of the Florida Building Code.
§ 7-2213A. MANUFACTURED HOMES.
A. General. All manufactured homes installed in flood hazard areas shall be installed by an installer
that is licensed pursuant to Section 320.8249, Florida Statutes, and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this Article.
B. Foundations. All new manufactured homes and replacement manufactured homes installed in
special 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 Article. Foundations for manufactured homes subject to
Section 7-13A.(F) of this Article are permitted to be reinforced piers or other foundation
elements of at least equivalent strength.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
D. 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 base flood
elevation plus two (2) feet. Manufactured homes that are placed, replaced, or substantially
improved shall comply with Section 7-13A.(E) or 7-13A.(F) of this Article, as applicable.
E. General Elevation Requirement. Unless subject to the requirements of Section 7-13A.(F) of this
Article, all manufactured homes that are placed, replaced, or substantially improved on sites
located:
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(1) Outside of a manufactured home park or subdivision;
(2) In a new manufactured home park or subdivision;
(3) In an expansion to an existing manufactured home park or subdivision; or
(4) In an existing manufactured home park or subdivision upon which a manufactured home
has incurred "substantial damage" as the result of a flood,
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).
F. Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions.
Manufactured homes that are not subject to Section 7-13A.(E) of this Article, including
manufactured homes that are placed, replaced, or substantially improved on sites located in
an existing manufactured home park or subdivision, unless on a site where substantial damage
as result of flooding has occurred, shall be elevated such that either the:
(1) Bottom of the frame of the manufactured home is at or above the elevation required in
the Florida Building Code, Residential Section R322.2 (Zone A); or
(2) Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than thirty-six (36) inches in height above grade.
EG. 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.
FH. 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.
§ 7-2314A. RECREATIONAL VEHICLES AND PARK TRAILERS.
A. Temporary Placement. Recreational vehicles and park trailers placed temporarily in special
flood hazard areas shall:
(1) Be on the site for fewer than one hundred and eighty (180) consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or park
model is on wheels or jacking system, is attached to the site only by quick-disconnect type
utilities and security devices, and has no permanent attachments such as additions,
rooms, stairs, decks and porches.
B. Permanent Placement. Recreational vehicles and park trailers that do not meet the limitations
in Section 7-2314A.(A) of this Article for temporary placement shall meet the requirements of
Section 7-2213A. of this Article for manufactured homes.
§ 7-2415A. TANKS.
A. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
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B. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation
requirements of Section 7-19D15A.C of this Article shall be permitted in flood hazard areas
provided the tanks are anchored or otherwise designed and constructed to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during
conditions of the design flood, including the effects of buoyancy assuming the tank is empty
and the effects of flood-borne debris.
C. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be attached to
and elevated to or above the design flood elevation on a supporting structure that is designed
to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-
supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
D. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design
flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
§ 7-2516A. OTHER DEVELOPMENT.
A. General Requirements for Other Development. All development, including manmade changes
to improved or unimproved real estate for which specific provisions are not specified in this
Article or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 7-2112A.(D) of this Article if located in a regulated
floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage-resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
B. Fences in Regulated Floodways. Fences in regulated floodways that have the potential to block
the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the
limitations of Section 7-2112A.(D) of this Article.
C. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls and
sidewalks and driveways that involve the placement of fill in regulated floodways shall meet
the limitations of Section 7-2112A.(D) of this Article.
D. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse crossings,
including roads, bridges, culverts, low-water crossings and similar means for vehicles or
pedestrians to travel from one (1) side of a watercourse to the other side, that encroach into
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regulated floodways shall meet the limitations of Section 7-2112A.(D) of this Article. Alteration
of a watercourse that is part of a road or watercourse crossing shall meet the requirements of
Section 7-155A.(C)(34) of this Article.
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