HomeMy WebLinkAbout2024-24 LDC Update Relating to Floodplain Mgmt RequirementsORDINANCE NO. 2024-24
Managemeht Requirem6rits)
WHEREAS, the City of Ocoee is adopting requirements to (1) require buildings th
flo d d6rn�ige over a 10-yeor p6nod to Ile U I , io sustain repetitive p be i 1 ded in the definit n
NOW, TH15REII OE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
OCOIEE, FLORIDA, As FOLLOWS:
SECTION 1, RtCITALS� The foregoing recitals are hereby ratified and confirmed as true and
correct and Incorporated herein by this reference.
SECTION 2. AUTHIII . The Ocoee City Commission has the authoritiy to adopfthis Ordinance
p6tuant to Article Vill f the Constitution of the SW6 of Fl6rida and Chb*r§ 163 and 166,
Florida Statute&
i cifIII! glip will III pill
SECTION 5CONFLICTi The ordinance prevails in the event of any inconsistency with all
ordinances or parts of ordinances in conflict herewith.
I � ; U, --A
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 & EFFECTIVE DATE. Tfii!5 Ordinance shall become OffbOVe immediately Upon
passage and adoption.
PASSED AND ADOPTED this day of 2�0244
[Space intentionally blank)
Melanie Sibbitt, City Clerk
OF OCOEE, FLORIDA, APPROVED AS TO
FORM AND LEGALITY
,20244
Rusty Johns�o
ADVERTISED iae, & 2024
READ —
.,-_`_.~,~� .,__ _-_-
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, uilding 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 ex licitl certain revisions of this Article shall
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;
(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.
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, Warnl%
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.
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.
Ar1WLAa0—u&-Atft uld-
AK(W-W ,fJQTA'd,-§
J? ,WA9jCi QL.A�jn iLqi
v�l R ' A. ..a.Lm�.nr�a^5..m..,,...i...,-...Nea-4:--#r..,..A:rs.;
ref lard 1 l v! [ �r�t?r r nd f vl n nll
fire and emergencyr s onse install tions installations whiProduce, use or store
hazardous materials or ha art oin waste, The terra includes facilities that are asAinit#
Flood D Florida Building Qnd ;
�rilr�ln
i f r
CTM '�., a
119)Encroachment. The placement of fill, excavatjon,_buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity
of riverine flood hazard areas.
(12-1)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.
L134IFederal EmergencyManagementAgencyLFEMA). The federal agency that, in addition to
carrying out other functions administers the National Flood Insurance Program.
(14§)Flood or Flooding. A general and temaorary condition of partial or complete inundation
of normally dry land from: [Also defined in FBC, B, Section 202.1
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
(156)Flood Materials. Ane-Resista Damage -Resistant Matertion material e of withstand- ----yconstruction capable in - -- g
direct andprolongedcontact with floodwaters without sustaining any damage that
requires more than cosmetic repair. [Also defined in FBC.. BA Section 202.1
-(16-7) Flood Hazard Area. The greater ofthe following tw-E)three (23) 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 Ayear.
c.b. 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 officialmapof the Qfty=pnjwhich 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.)
8)Flood Insurance Study (F/S). The official report provided by the Federal EmerRencv
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodwav Map (if applicable), the water surface elevations of the base flood, and
supporting technical data. [Also defined in FBC, B, Section 202.]
�192-0) Floodalain Administrator. The office or position designated and charged wjth the
administration and enforcement of this Article (may be referred to as the Floodplaiin
Manager �L
r in dt b e is ltl, thl ' I ,
F p_od Erg Cror
Man rrr`n f ci i iP.;
mada ri
Increased Cast of Complirr 1G rears"the cera standard flcca irrscarane
policy under the NF1 that r vides for the meat of a claim for the cast t2 corn l
e "subs In ever
standard NFIP fled insurance pollicy, and will hnl a for the cost to dr flood roof
relocate elevate or d rn lish the structure,
4� j; tiq n L, tt
fO
JAAAWLYAUQUA
—Lj c—h v & .&
'.. millivivi
ta
ctri irfnl!�
a
nr Lei r es rt t rdin r
f9 r bst n ial i�i` ti � d f"s rt�f core t icfo ""
'I0R.IAk-(kfMd- kaALA
52s", DZU21
fIQLS.Mkt-q-q(9WffM9RL- PMM-RM,9-fA,� AAWILI 11 9�-MJUM=M=S-Wb2=b Y,
Jukak-MUNI
each
.x2wju.L,ftqLinw9v njerit �of
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 allIdevelovient in the flood hazard areas within the corporate limits
of the City of Ocoee, as established in Section 7-.L2-2AJQ of this Article.
The Flood Insurance Study for Orange County, Florida and Incorporated Areas datod-Jmie-24j
Loplemb-jr 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, 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 7-15-SA of this
Article, the Floodplain Administrator may require submission of additional data. Where field
surveyed topography prepared by Florida licensed professional surveyor or digital topography
accepted by the City indicates that ground elevations-
(1) Are below tile 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.
The provisions of this Article shall not be deemed to nullify any provisions of Local, State, or
Federal law.
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,
I 1111111111111 111111111111111! q MOM
A. Designation,
The Building Official is designated as the Floodplain Administrator, The Floodplain
Administrator may delegate performance of certain duties to other employees,
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 tothe 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 Floodplam 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;
(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 e dame y,
and
(4) Notify the applicant if it is determined that the work constitutes substantial irnprovement
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 7-17-7A, 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.ref 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 undertakers
without issuance of a permit.
K 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 7-13D34.+64 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 _fFIR Ms l I if the analyses proposed to changeLbase flood
elevatIons,_J!?J the flood hazard area boundaries - of the 1% and 0.2% flood hazard areas,
rarer flood way designations; such submissions shall be made within six (6) months of such
data becoming available;
(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.
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,
15ive.i North Bluford Avenue, Ocoee.
UZEEMSEM
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.
Fioodplain 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), floodpiain 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 bylaw, which are subject to the
requirements of this Article:
A
(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
but that has a thatched roof of palm or palmetto or other traditional materials, and that
does not incorporate any electrical, plumbing, or other nor 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)(lo, 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.
Application for a Permit or Approval,
To obtain a floodplain development permit or approval the applicant shati 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 lay site plan or constructlon documents as specified in Section 7-15-SA-.
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.
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,
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.
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,
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 planar curve' and IFEMA Elevation Certificate if necessary for review of the proposed
development.
(2) Where base flood elevations or floodway data are not included oil the FIRM or in the
Flood Insurance Study, these shall be established in accordance with Section 7-)L55A413)(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
on the FIRM or in the Flood Insurance Study, such elevations shall be established In
accordance with Section 7-15SA413)(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,
antistormwater management lens- �elevafios 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.
() Existing and proposed alignment of any proposed alteration of a 'watercourse and the
extent to which any swamp, marsh, I Ice, ctr and WilLibe alterect relocated or created-
(8) Coi)v of the Proposed stormwater rnarra rrrent re ort and flood lain stud if an
complete with with --supporting dome Cuntatlom
(9) For improvements and repairs to nonconformli2g
meet the definitions of substantial damage or substat1tiaLiMpyovqmentjf pqod darns Re -
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 12gc:ial 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 f loodway 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.
�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 tile
applicant to satisfy the submittal requirements and pay the processing fees.
M I
GMUEM
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 7-15SA4D) of this
Article and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with
the site plan and construction documents.
Qj—Fir vela gent activities that ro ose alterations to the boundaries of s ecial flood
hazard area, the applicant shall submit gnal ses and docurtientatican to FFII�IA as eclfied
(3-2) 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
s �cial flood hazard areas identified as Zone AO or Zone Ali.
(4-3) 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-LISSA4DI of this Article.
construction is finished on the buildinp. but before the certificate of occu aancy is issued. 9 ___ _
Ian 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 kas-the,44g4444G-seek a
Letter of Map Change from FIEMAi!s apnro �rlate to change the base flood elevations, change
floodway boundaries, or change boundaries of the 1% and 0.2% flood hazard areas shown on
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 he the responsibility of the applicant.
Air
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-.LSSA413)(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 7-1166A4D) of this
Article,
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.
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
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
Authority -, ---_'_r_-- ----.^--��—_'-'_-_�
'
The City Commission shall base its decisions on variances on technical justifications submitted
by applicants, the considerations for issuance in Section 7-1174A4G) of this Article, the
conditions of issuance set forth in Section 7-17-7A(HJ 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.
base flood, elevations would result, as evidenced by the applicable analyses and certifications
required in Section 7-15WQ of this Article,
A variance shall not be issued for any proposed development in a floodway if any increase in
Historic Buildings,
suNect to the requirements of the Florida Building Co&
F. Functionally Dependent Uses,
A variance is authorized to be issued forthe 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 7-17-7A41)�, 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.
Considerations for Issuance of Variance5,
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 tothe physical
characteristics of the land that render the It 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
(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 (00,00) of
insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
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.
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 violaflon, 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, U n lawfu I 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 falls 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( 0) 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.
I
Ems=
MIME mmm
In
MEEMM
A. Design and construction of buildings, structures and facilities exempt from the Florida Building
Code. Pursuant to Section 7-144A4C4 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 AS CE 24. Structures exempt from the Florida Building Code that are not walled and roofed
buildings shall comply with the requirements of Section 7-2544A. of this Article.
BFlorida BullcIi9g_Dodd ,_ Tec hrilcal Amendments,
DBuildina elevation and drainer , at all location in the it incluc[inglands outside of ma ed
special flood hazard areas:
a. In manned special flood hazard areas the lowest floor or elevation of dr
flood roofing; shill- be as re aired b Section '�- ti 1) or at or above the desiRn
elevation of the on -site stormwater management system, whichever jis_read=r�
elevations at the side of the lot lines nearest the front corners of the dwelling, This
requirement applies t2_graging Oassificatioi �,radh as 'rype c.
d. In addition to the conditions of Daraaraphs a. b, and c above the finished floor
e. It is the intent of the City that lots 2aDngd _pbqujqIdIingLsAsgfte a _provide the necessary finished
floor elevation without excessive ftiring of land. Socific-gradin lans with prokqed
finished floor elevati al of the
pAeejopment Review Committee, When a subdivision lot grach[j�lan -has been
prepared and approped ,5peclfjed finished floor elevations and grading typqs shall be
inches abovethatspecified. An a roved _gkathat ecified individual elevations shall
Upersede the requirements of band c above.and thiLURgragh.
aesthetics.
maintained and the lilt railed at
not to exceed 4:1.
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.
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 7-15Aof this Article; and
(3) Compliance with the site improvement and utilities requirements of Section 7-211-2-A-. of
this Article.
AMinimum 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, FA,C, and AS 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.-
. Water Supply Facilities. All new and replacement water supply facilities shall be designed in
accordance with tile 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-clisturbing activity Involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section 7-
15644C)(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 excepjjgngf tfle_raadw i draii - !R� -waLcir anima sjjM where a roadwa or unlit culvert does
le §y_
and res+rides additional water unlit treatment be and the sites rpnuired stormwater
measures, the following limitations on draingggw _Lays shal
l amIL,
U Prohibit channelization within the Ocoee fit Firriits and�
zm��
(2) Maintain a minimum of A_five 5 foot buffer from too of bank where there is not a
special flood hazard area de�jgnatjon and-
ntwithin buffer.
development o��
__gr redevel prnegntm �(qccur if enhancements are installed to return the
natu
'LZLRelocafion or redirection of the drainageway in a manner that cont1qygi1bg1yk1gM�§
A. General. All manufactured homes installed in flood hazard areas shall be installed by an installer
that is licensed pursuant to Section 320.9249, Florida Statutes, and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this Article.
B. Foundations.
Vgdal 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. Fo"dations for
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be
,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.
installed using methods and practices which minimize flood damage and shall be securely
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.
F44. Utility Equipment, Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and otherservice facilities, shall
comply with the requirements of the Florida Building Code, Residential Section M2.
A. Temporary Placement. Recreational vehicles and park trailers placed temporarily sci
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, clecks and porches,
B, Permanent Placement. Recreational vehicles and park trailers that do not meet the limitations
in Section 7-2,3L444.4A} of this Article for temporary placement shall meet the requirements of
Section 7-2243A-. of this Article for manufactured homes.
3MMM=
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.
B. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation
requirements of Section 7-24C19D15A.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
regulated f loodways sha 11 meet the limitations of Section 7-21 j?A41)) of this Article, Alteration
of a watercourse that is part of a road or watercourse crossing shall meet the requirements of
Section 7-154A,(Q(lcle
) of this Art'
M