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HomeMy WebLinkAboutOrd. 91-11 ORDINANCE NO. 91- 11 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO FLOOD DAMAGE PREVENTION; REPEALING ORDINANCE NO. 939; REPEALING ORDINANCE NO. 671; REPEALING ARTICLE IV OF CHAPTER 5 OF THE CODE OF ORDINANCES; REPEALING ORDINANCE NO. 816; REPEALING SECTION 5-91 OF ARTICLE IV OF CHAPTER 5; ENACTING A NEW ARTICLE IV OF CHAPTER 5; ESTABLISHING A SET OF COMPREHENSIVE BUILDING STANDARDS IN ORDER TO PREVENT FLOOD DAMAGE; PROVIDING FOR PURPOSES; PROVIDING FOR DEFINITIONS; PROVIDING FOR UTILIZATION OF A DEVELOPMENT PERMIT TO REGULATE NEW DEVELOPMENT; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR ADMINISTRATION BY THE BUILDING OFFICIAL; PROVIDING FOR THE BUILDING OFFICIAL'S DUTIES AND RESPONSIBILITIES; PROVIDING PERMIT PROCEDURES; PROVIDING VARIANCE PROCEDURES; PROVIDING GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION; PROVIDING SPECIAL STANDARDS FOR FLOOD HAZARD REDUCTION; PROVIDING SPECIFIC STANDARDS FOR SUBDIVISION PROPOSALS; ESTABLISHING SETBACKS FROM WATER BODIES; PROVIDING FOR ELEVATION OF PRIMARY BUILDINGS; PROVIDING FOR COMPENSATION FOR FILL MATERIAL; PROVIDING FOR PLACEMENT OF SEPTIC TANKS AND DRAIN FIELDS; PROVIDING FOR GRANDFATHERING; PROVIDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATION AND/OR FLOODWAYS; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the current Flood Damage Prevention Ordinance of 1987 of the City of Ocoee no longer complies with the current Federal regulations adopted by the Federal Emergency Management Agency; as set forth in the Code of Federal Regulations; and WHEREAS, the City has determined that it is necessary to adopt a new Flood Damage Prevention Ordinance in order to comply with the Federal regulations. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Short Title and Authoritv. A. This Ordinance shall be known and may be . cited as the "Flood Damage Prevention Ordinance." B. The City commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the state of Florida and Chapter 166, Florida statutes. Section 2. Ordinance No. 939, adopted March 17, 1987, is hereby repealed in its entirety. Section 3. Ordinance No. 671, adopted September 19, 1978 as codified in Article IV of Chapter 5 of the Code of Ordi- nances of the City of Ocoee, Florida, is hereby repealed in its entirety. section 4. Ordinance number 816, adopted February 19, 1985, as codified in section 5-91 of Article IV of Chapter 5 of the Code of Ordinances of the City of Ocoee, Florida, is hereby ~ repealed in its entirety. section 5. A new Article IV of Chapter 5 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: ARTICLE IV. FLOOD DAMAGE PREVENTION Sec. 5-71. Findings of Fact. (a) The flood hazard areas of the City are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas of uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages. Sec. 5-72. Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; ~ (b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accomodation of flood- waters; (d) control filling, grading, dredging and other development which may increase erosion or flood damage; and - 2 - (d) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (e) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Sec. 5-73. Objectives The objectives of this article are: (a) To protect human life and health; . (b) To minimize expenditure of public money for costly flood control projects; (c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) To minimize prolonged business interruptions; (e) To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (f) To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (g) To insure that potential home buyers are notified that property is in a flood area. Sec. 5-74. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. (a) Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. (b) Appeal means a request for a review of the Building Official's interpretation of any provision of this article or a request for a variance. . (c) Area of shallow flooding means a designated AO or VO Zone on the City's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. (d) Area of special flood hazard is the land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year. (e) Base flood means the flood having a one percent (1%) chance of being equalled or exceeded in any given year. - 3 - (f) Basement means that portion of a building having its floor subgrade (below ground level) on all sides. (g) Building means any structure built for support, shelter, or enclosure for any occupancy or storage. (h) Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. . (i) Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. (j) Existing construction means any structure for which the "start of construction" commenced before September 19, 1978. (k) Existing mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale, for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before September 19, 1978. (1) Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). (m) Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry areas from the overflow of inland waters or the unusual and rapid accumu- lation or runoff of surface waters from any source. (n) Flood Insurance Rate Map (FIRM) means the official map of the city, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the city. (0) Flood insurance study is the official report pro- vided to the City by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood. (p) Floodway means the channel of a river or other 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 foot. . (q) Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. (r) Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities. - 4 - (s) Habitable floor means any floor usable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor. (t) Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building. (u) Historic structure means any structure that is . (i) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (ii) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (iii) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior. (v) Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with National Geodetic vertical Datum (NGVD). (w) Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property. (x) National Geodetic vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. (y) New construction means structures for which the start of construction commenced on or after September 19, 1978. The term also includes any subsequent improvements to such struc- ture. . (z) New mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after September 19, 1978. (aa) Recreational Vehicle means a vehicle which is: (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projection; - 5 - . . (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (bb) start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installa- tion of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation. For mobile homes not within a mobile home park or mobile home subdivision, start of construction means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home sUbdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. 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. (cc) structure means a walled and roofed building that is principally above ground, a gas or liquid storage tank, a mobile home or other man-made facilities or infrastructures. (dd) Substantial damage means damage of any origin sus- tained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty per- cent (50%) of the market value of the structure before the damage occurred. (ee) Substantial improvement means, for a structure built prior to September 19, 1978, any repair, reconstruction, or improve- ment of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (i) Before the improvement or repair is started; or (ii) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (i) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (ii) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. - 6 - (ff) substantially improved existing mobile home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. (gg) Variance is a grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship. Sec. 5-75. Lands to which this article applies. . This article shall apply to all areas of special flood hazard within the jurisdiction of the city. Sec. 5-76. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled "The Flood Insurance study for the City of Ocoee, Florida," dated November 1, 1978, with accompanying flood insurance rate maps and any revision thereto, are hereby adopted by reference and declared to be a part of this article. Sec. 5-77. Development permit required. A development permit shall be required in conformance with the provisions of this article. Sec. 5-78. Development to comply with article. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations. Sec. 5-79. Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another article or ordinance conflict or overlap, whichever imposes the more stringent restric- tions shall prevail. Sec. 5-80. Interpretation of article. In the interpretation and application of this article all provisions shall be considered as minimum requirements, liberally construed in favor of the City and deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 5-81. warning and disclaimer of liability. . The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City or any elected official, officer, employee, consultant or agent thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. - 7 - , Sec. 5-82. Penalties for violation. . violation of the provisions of this article 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 article 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 from taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 5-83. Building Official - To administer article. The Building Official is hereby appointed to administer and implement the provisions of this article. Sec. 5-84 - Duties and responsibilities. The duties of the Building Official shall include, but not be limited to: (a) Reviewing all development permits to assure that the permit requirements of this article have been satisfied. (b) Advising permittee that additional federal or state permits may be required, and if specific federal or state permits are known, requiring that copies of such permits be provided and maintained on file with the development permit. (c) Notifying adjacent communities and the Florida Department of Community Affairs prior to any altera- tion or relocation of a watercourse, and submitting evidence of such notification to the Federal Insur- ance Administration. (d) Assuring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (e) Verifying and recording the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. (f) Verifying and recording the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood- proofed. . (g) When floodproofing is utilized for a particular structure, the Building Official shall obtain certification from a registered professional engineer or architect. (h) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a - 8 - reasonable opportunity to appeal the interpretation as provided in this article. (i) When base flood elevation data has not been provided in accordance with this article, the Building Official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to admin- ister the provisions of this article. . (j) All records pertaining to the provisions of this article shall be maintained in the office of the Building Official and shall be open for public inspection. Sec. 5-85. Permit procedures. Application for a development permit shall be made to the Building Official on forms furnished by him, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures and fill storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (a) Application Staqe (1) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures. (2) Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed. (3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in section 5-88(b). (4) Description of the extent to which any water- course will be altered or relocated as a result of proposed development. (b) Construction Staqe . Provide a floor elevation or flood-proofing certi- fication after the lowest floor is completed. Upon placement of the lowest floor, or flood-proofing by whatever construction means, it shall be the duty of the permit holder to submit to the Building Official a certification of the elevation of the lowest floor or flood-proofed elevation, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engi- neer and certified by same. When floOd-proofing is utilized for a particular building, said certifica- tion shall be prepared by or under the direct super- vision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The Building Official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be cor- rected by the permit holder immediately prior to further progressive work being permitted to proceed. Failure to submit the surveyor failure to make - 9 - said corrections required hereby, shall be cause to issue a stop-work order for the project. Sec. 5-86. Variance procedures. (a) The Board of Adjustment, as established by the City, shall hear and decide appeals and requests for variances from the requirements of this article. . (b) The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Official in the enforcement or administra- tion of this article. (c) Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decision to the circuit courts, in accordance with the procedures and timeframe set forth in Section 5-92(b) of this Article. (d) Variances may be issued for the reconstruction, repair, rehabilitation or restoration of historic structures upon a determination that the proposed reconstruction, repair, rehabili- tation, or restoration will not preclude the structure's continued designation as a historic structure; however, the variance shall be issued upon the determination that the variance is the minimum necessary to afford relief from the requirements of this article in order to preserve the historic character and design of the structure. (e) In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and: (1) The danger that materials may be swept into other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the City; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; . (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; - 10 - (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood- waters and the effects of wave action, if applicable, expected at the site; and (11) 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, and streets and bridges. . (12) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1) through (11) above have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (f) Upon consideration of the factors listed above and the purposes of this article, the Board of Adjust- ment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (g) variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Conditions for variances: (1) Variances shall only be issued upon a deter- mination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. . (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (4) The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. - 11 - Sec. 5-87. General standards for flood hazard reductions. In all areas of special flood hazard the following provisions are required: (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. . (c) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (d) Mobile homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring shall conform to the requirements set forth in section 5-88{d) of this article. This standard shall be in addition to and consistent with applic- able state requirements for resisting wind forces. (e) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. (f) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (g) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (h) On-site waste disposal systems shall be located to avoid impairment to them or contamina"tion from them during flooding. (i) Any alteration, repair, reconstruction or improve- ments to a structure on which the start of construc- tion was begun after September 19, 1978 shall meet the requirements of new construction as contained in this article and shall be undertaken only if said non-conformity is not furthered, extended or replaced. Sec. 5-88. specific standards for flood hazard reduction. . In all areas of special flood hazard where base flood elevation data has been provided as set forth in this article, the following provisions are required: (a) Residential construction. New construction or sub- stantial improvement of any residential structure shall have the lowest floor, including basement, elevated to twelve (12) inches above base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 5-88{c) of this article. - 12 - . (b) Nonresidential construction. New construction or substantial improvement of any commercial, indus- trial or other nonresidential structure shall have the lowest floor, including basement, elevated no lower than twelve (12) inches above the level of the base flood elevation. structures located in all A-Zones may be floodproofed in lieu of being elevated provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered profes- sional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Building Official. (c) Elevated Buildinqs. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above grade; and (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (2) Electrical, plumbing, and other utility connections are prohibited below the flood elevation. (3) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and . (4) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (d) Mobile homes. (1) All mobile homes placed, or substantially improved, on individual lots or parcels, in expansions to existing mobile home parks or subdivisions, or in substantially improved mobile home parks or subdivisions, must meet all the requirements for new construction, including elevation and anchoring. - 13 - . . Sec. 5-89. (2) All mobile homes placed, substantially improved or which have incurred "substantial damage" as a result of a flood, in an existing mobile home park or subdivision must be elevated so that: (i) The lowest floor of the mobile home is elevated to twelve (12) inches above the level of the base flood elevation, or (ii) The mobile home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above grade. (3) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (i) Over-the-top ties be provided at each end of the mobile home, with one additional tie per side at an intermediate location on mobile homes of less than fifty (50) feet, and one additional tie per side for mobile homes of fifty (50) feet or more; (ii) Frame ties be provided at each corner of the home with four (4) additional ties per side at intermediate points for mobile homes less than fifty (50) feet long and one additional tie for mobile homes of fifty (50) feet or longer; (iii) All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,SOO) pounds; (iv) Any additions to the mobile home be similarly anchored. (4) All recreational vehicles on sites must either: (i) Be fully licensed and ready for highway use, or (ii) The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of Section 5-SS(d) (1) or Section 5-SS(d) (2) above. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached structures. specific standards for subdivision proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utili- ties and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. - 14 - (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres. Sec. 5-90. Standards for streams without Established Base Flood Elevation and/or Floodways. . Located within the areas of special flood hazard established in section 5-76 of this article, where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply: (a) No encroachments, including fill material or structures, shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the city. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. (b) New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with section 5-84(i) of this article. Sec. 5-91. Additional flood prevention measures. (a) Setbacks from water bodies. Homes and other primary buildings shall not be constructed closer than thirty-five (35) feet to the normal high water elevation of a natural surface water body. (b) Elevation. Homes and other primary buildings shall have a minimum building pad elevation of twelve (12) inches above the elevation of the base one- hundred-year flood as determined by the national flood insurance program of the United States Govern- ment. . (c) Comoensation for fill material. Before any building permit is issued for a home or other primary building where the builder proposes development and intends to place fill material within the limits of the one-hundred-year floodplain, the builder shall present a site plan prepared by a registered profes- sional engineer which provides for compensating storage for all floodwater displaced by the fill material or site development work below the one- hundred-year flood elevation. Such plan shall be approved by the City Engineer prior to issuance of a building permit and the builder shall conform to such approved plan. (d) Placement of septic tanks and drainfields. Septic tanks and drainfields shall be located in the front yard for all buildings and other primary structures, except where specifically approved by the City Engineer, and shall be located at least one hundred - 15 - (100) feet from the normal high water elevation of all natural water bodies and seventy-five (75) feet from all other surface waters. Sec. 5-92. Grandfathering; Appeals. . (a) Grandfatherinq. Those structures that exist on May 31, 1991 will be allowed to remain in the position that they are currently constructed on. There will not, however, be any additional building allowed upon those structures already in existence, if that additional construction is in violation of this article, despite the fact that the original struc- ture is being "grand fathered" in. If such a struc- ture is "grandfathered" on May 31, 1991, and then the building is subsequently torn down for some other reason, no other structure shall be placed upon the property that is in contravention to this article. (b) Appeals. The decision of the Board of Adjustment shall constitute final action of the city. Any persons jointly or separately aggrieved by any decision of the Board of Adjustment may, within thirty (30) days of the Board of Adjustment render- ing its decision, but not thereafter, apply to the circuit Court of Orange County, Florida, for re- lief. There shall be no appeal to the National Flood Insurance Program nor any other agency. 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. Effective Date. This Ordinance shall become effective on June 1, 1991. PASSED AND ADOPTED this ~ day of t14 APPROVED: , 1991. ATTEST: CITY OF OCOEE, FLORIDA . ( SEAL) ADVERTISED May 9 , 1991 READ FIRST TIME Ma~ 7 , 1991 READ SECOND TIME A D ADOPTED MIrt-f ...l, , 19 9 1 - 16 - . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA, APPROVED AS TO FORM~~ LEGALITY THIS ~p.r DAY OF r' 1991. , "HER ){}( ~ City Attorney FOLEY By: FLOPPY/475802(9) 01 (04/09/91) - 17 - APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON M~ ~( , 1991 UNDER AGENDA TEM NO. V F