Loading...
HomeMy WebLinkAboutOrdinance 928 ORDINANCE NO.__2~~___ FIRST READING:Q~LQ~L~E SECOND READING:!!L!~L~E AN ORDINANCE OF THE CITY OF OCOEE. FLORIDA. ESTABLISHING THE ZONING CLASSIFICATION OF A CERTAIN AREA WITHIN THE MUNICIPAL BOUNDARIES: MAKING FINDINGS OF FACT: DESCRIBING THE PROPERTY TO BE ZONED: PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS: AND PROVIDING FOR AN EFFECTIVE DATE. e WHEREAS, W.C. Davis, agent for Anna L. Davis (owner) has petitioned the City of Ocoee Board of Commissioners for a zoning change; and WHEREAS, the City of Ocoee Board of Commissioners has annexed this property; and, WHEREAS, the Planning and Zoning Commission has reviewed the petition and recommended approval of same; and WHEREAS, a Public Hearing as provided in Section 5-1, Chapter 2, Appendix A of the Code of Ordinances of the City of Ocoee, Florida Statutes 166.041 and 163.3184 and Laws of Florida Chapter 85-55, was held on the question of rezoning of said parcel of real property described below after due public notice; and, WHEREAS, the City Commission of the City of Ocoee, Florida has made an independent examination and determined that the zoning classifications of the parcel of real property as set forth below are in the best interest of the City; and, WHEREAS. the rezoning is consistent with the 1979 City of Ocoee Comprehensive Plan as amended. NOW. THEREFORE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE. FLORIDA: SECTION 1: Pursuant to authority of the City Commission of the City of Ocoee, Florida, under Section 3, Chapter II, the following described parcels of real property shall henceforth bear the zoning classifications as indicated below, as defined by Sections 4 and 9, Chapter IV, Appendix A of the Code of Ordinances of the City of Ocoee, Florida. TO BE REZONED C-2 COMMUNITY COMMERCIAL DISTRICT: e Within the NE 1/4 of Section 16, Township 22 South, Range 28 East, Orange County, Florida; the South 680 feet of Lot 13 "Lake Johio Shores" as recorded in Plat Book 0 at Page 54 of the Public Records of Orange County, Florida; LESS: the West 20 feet and the South 20 feet for additional road right-of-way. (Contains 10 acres more-or-Iess) 1 TO BE REZONED R-1-A SINGLE FA"ILY DWELLING DISTRICT: Within the NE 1/4 of Section 16. Township 22 South. Range 28 East, Orange County, Florida: Lot 13 "Lake Johio Shores" as recorded in Plat Book 0 at Page 54 of the Public Records of Orange County. Florida; LESS: the South 680 feet thereof and the West 20 feet for additional road right-of-way. (Con- tains 14.2 acres more-or-less> SECTION 2: That the City Clerk is hereby authorized to update and supplement the official City of Ocoee maps to include said land herin described. e SECTION 3: That if any section or portion of section or subsection of the Ordinance proves to be invalid. unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection of this Ordinance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance shall take effect upon passage and adoption, thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Department of State of the State of F10~ ENACTED THIS___~~_____DAY OF~___________. 1986 C~:lO:e' I~ "AYOR ATTEST: ~~ CITY CLERK e 2 ARTICLE 3. GENERAL PROVISIONS. SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Ocoee, Florida. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD e The areas of special flood hazard identified by the Federal Emergency Management Agency in "The Flood Insurance Study for the City of Ocoee, Florida," dated 1 May, 1978, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be required with the provisions of this ordinance commencement of any development activities. in conformance prior to the SECTION D. COMPLIANCE. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION. In the interpretation and application of this ordinance 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. SECTION G. WARNING AND DISCLAIMER OF LIABILITY. e The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Ocoee or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION H. PENALTIES FOR VIOLATION. Violation of the provisions of this ordinance 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 ordinance or fails to comply with any of its requirements shall, upon conviction 5 thereof, be fined not more than $500.00 or imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Ocoee from taking such other lawful action as is necessary to prevent or remedy any violation. ARTICLE 4. ADMINISTRATION. SECTION A. DESIGNATION OF BUILDING OFFICIAL. The Building Official is hereby appointed to administer ~ and implement the provisions of this ordinance. SECTION B. PERMIT PROCEDURES. Application for a Development Permit shall be made to the Building Official on forms furnished by him or her prior to any development activities, 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, fill, storage of materials, drainage facilities, and the loction of the foregoing. Specifically, the following information is required: (1) Application Stage. (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures; (b) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed; (c) Certificate from a registered professional en- gineer or architect that the non-residental flood-proofed structure will meet the flood- proofing criteria in Article 5, Section B (2); (d) Description of the extent to which any water- course will be altered or relocated as a re- sult of proposed development, and; (2) Construction Stage. e Provide a floor elevation or flood-proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural memebers of the lowest floor. Upon placement of the lowest floor, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Building Official a certification of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervison of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision 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 6 shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the surveyor failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. SECTION C. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL. Duties of the Building Official shall include, but not be limited to: e (1) Review of all development permits to assure the permit requirements of this ordinance have satisfied; that been (2) Advise permittee that additional federal or permits may be required, and if specific federal or permit requirements-are known, require that copies of permits be provided and maintained on file with development permit. state state such the (3) Notify adjacent communities and the Department of Community Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Article 4, Section B (2). (6) Verify and record the actual to mean sea level) to which the new or structures have been flood-proofed, Article 4, Section B (2). elevation (in relation substantially improved in accordance with (7) When flood-proofing is utilized for a particular structure, the Building Official shall obtain certification from a registered professional engineer or architect, in accordance with Article 5, Section B (2). (8) Where interpretation is needed as to the exact location of 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 reasonable opportunity to appeal the interpretation as provided in this article. e (9) When base flood elevation data or floodway data have not been provided in accordance with Article 3, Section B, then the Building Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to adminster the provision of Article 5. (10) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Building Official and shall be open for public inspection. 7 SECTION D. VARIANCE PROCEDURES. (1) The Board of Adjustment as established by the of Ocoee shall hear and decide appeals and requests variances from the requirements of this ordinance. City for (2) The appeals when requirement, Official in ordinance. Board of Adjustment shall hear and it is alleged there is an error decision, or determination made by the the enforcement or administration decide in any Building of this (3) Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the ~ Circuit Courts as provided in Florida Statutes. (4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for Article 4, Section D (8) (a) and (d), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation. (5) In passing upon such Adjustment shall consider all relevant factors, all standards of this ordinance, and: applications, the Board of technical evaluations, all specified in other sections (a) The danger that materials may be swept onto other lands to the injury of others: (b) The danger of life and property due to flood- ing or erosion damage: (c) The susceptibility of the proposed facility and its contents to flood damage and the ef- fect of such damage on the individual owner: (d) The importance of the services provided by the proposed facility to the community: (e) The necessity of the facility to a waterfront location, in the case of a functionally depen- dent facility: (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use: (g) The compatability of the proposed use with ex- isting and anticipated development: e (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area: (i) The safety of access to the property in times of flood for ordinary and emergency vehicles: (j) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if ap- plicable, expected at the site, and: (k) 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. 8 (6) Upon consideration of the factors listed above, and the purposes of this ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (8) Conditions for Variances: e (a) Variances shall only be issued upon a deter- mination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building; (b) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and; (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cuase fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) 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. (d) The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION. SECTION A. GENERAL STANDARDS. In all areas of special flood hazard the following provisions are required; e (1) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over- the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. (3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 9 (5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) New and replacement water supply systems shall be designed to min~m~ze or eliminate infiltration of flood waters into the system; e (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and; (9) Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the provisions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. SECTION B. SPECIFIC STANDARDS. In all areas of special flood hazard where base flood elevation data have been provided, as set forth in Article 3, Section B, or Article 4, Section C (11), the following provisions are required: (1) Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than 1 foot above the 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 Article 5, Section B (3). e (2) Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure shall have the lowest floor, including basement, elevated no lower than 1 foot above the level of the base flood elevation. Structures located in all A-zones may be flood-proofed in lieu of being elevated provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of bouyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Article 4, Section B (3). (3) Elevated Buildinas. 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. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: 10 (i) Provide a m1n1mum 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. . (b) Electrical, plumbing, and other utility connec- tions are prohibited below the flood elevation; (c) 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 (d) The interior shall not be separate rooms. portion of such partitioned or enclosed finished area into (4) F1oodwavs. Located within areas of special flood hazard established in Article 3, Section B, are areas designated as f1oodways. Since the f100dway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurence of the base flood discharge; (b) If Article 5, all new improvements flood hazard Section B (4) (a) is satisfied, construction and substantial shall comply with all applicable reduction provisions of Article 5. e (c) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Article 5, Section A (2), and the elevation standards of Article 5, Section B (1) are met. SECTION C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS. Located established exist but where no provisions within the areas of special flood hazard in Article 3, Section B, where small streams where no base flood data have been provided or f100dways have been provided, the following apply: 11 l (1) No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to 2 times the width of the stream at the top of bank or twenty feet each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial improvements of structures shall be elevated or flood-proofed to elevations established in accordance with Article 4, Section C (11). ~ SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS. (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals utilities and facilities such as sewer, water systems located and constructed damage; shall gas, to have public electrical and minimize flood (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty lots or five acres. SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO) ZONES. Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet (1' -3' ) where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvements of non-residential structures shall; e (a) Have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade, or; 12 . . (b) Together with attendant utility and sanitary facilities be completely flood-proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. ENACTED THIS 11---r:.L DAY OF 1~J , 1987. City of Ocoee, Florida dL e c4~ MAYOR ATTEST: t-~~ ~ CITY CLERK 13 REZONING PETITION - W. C. DAVIS '/"- FROM: A-I Agri~uoltural,. pi.~tricto(C.Qunt~.) TO: .C-2 Community Commerci.al Di~trict(South660 feet). and R":'l":'A Single FamilY Dwelling' District /""'-. '. ~:,;;';~~i:~.~~:j ~;:~;~~;~~~~Fj~t~~~~:::,'>T~;;i'~~;:;~~,~~~?~~!::,S~:<::.:.:,:~{~;: ':.~ :~~,:~.:; ~':;\',~\ir;~~;;'; :'~~:~;;:'~':'~~:'~" -,~:,:::~:.?~ ;:~::~:: ~:~:~ :.:;: : 'i ,": '. ;- -., . - ," . ~-~"-'~'...: :.~......~~:-" ?",;..... ~ ..';.' . . . ~ .: '..' .' .~; '" ,,' .~_. .W.. -FJ ~'" '- ,",:. - ~ ~ J:.:?~~'tP~:(~~<~~:~ c a:: o ., w ~ 00( ~ /~~."" 7'"" -. . ~ f " ~ ~ g ~, . ~ ' . / i . .' L,;.: t~.:>~ LAKE JOHIO L,. i' , f' '0 ~':,"" le,., . l. I,' 0', ,_/~. '. -=--:- -'~l.',,: L__ L h.~{ f~'-"':" -, ~ . "\ . j L ~ '~ ':.:. " 'c ,i ~ ~ ,- .~. -, '.. . . ", . ~"'.': -," ~..' . .~.........;. .," '~ ~~i..'x~:~~':~nw:ti~~~~+~ . ... . . ',' ".. .. # ,~. SilVER STAR ROAD ~ i/ 11 r .. I .... .J." .. . . ." ,"-, :>;;,'.;, .: ,. ,-, ';;~;::-;.': ~~:,>:~d':>j. .2-,:;'..<';:.~;:~:.:...:" '~,;-,\.:;::',:, ,;~~:_:~:>~,';.:~.:.:o:: c. ::_',', .~:: ~' :'..\:':.:;.~:,i:..'.;:>: ,-i,:::;;.;~..,~::~~>;,;,;'.;~-.;::>:.<>.:,.;:::,T~~<n.::"':"'::~,,';':';i.,~.,,::., . . '\or .... , \ \ \ .\ \ .