HomeMy WebLinkAboutOrdinance 671
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ORDINANCE NO.
67/
CITY OF OCOEE, FLORIDA
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ADOPTION OF FLOOD DAMAGE
PREVENTION REGULATIONS; ESTABLISHING STA-
TUTORY AUTHORIZATION; FINDINGS OF FACT,
PURPOSE AND OBJECTIVES; DEFINING WORDS USED;
ESTABLISHING GENERAL PROVISIONS REGARDING
JURISDICTION; PROVIDING BASIS FOR ESTAB-
LISHING AREAS OF SPECIAL FLOOD HAZARD;
REQUIRING DEVELOPMENT PERMIT AND COMPLIANCE;
STATING ABROGATION AND GREATER RESTRICTIONS,
INTERPRETATION; PROVIDING WARNING AND DIS-
CLAIMER OF LIABILITY; PRESCRIBING PENALTIES
FOR VIOLATION; DESIGNATING BUILDING OFFICIAL
AS ADMINISTRATOR; DEFINING DUTIES AND RES-
PONSIBILITIES OF BUILDING OFFICIAL; DESCRIBING
PERMIT PROCEDURES; DESCRIBING VARIANCE
PORCEDURES; PROVIDING FOR GENERAL AND SPECIFIC
STANDARDS FOR FLOOD HAZARD REDUCTION;
ESTABLISHING STANDARDS FOR SUBDIVISION PRO-
POSALS; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA:
FWOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Florida has in Florida Statutes delegated the
responsibility to local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry.
Therefore, the City Commission of Ocoee, Florida does ordain as follows:
SECTION B. FINDINGS OF FACT
(l) The flood hazard areas of City of Ocoee 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.
(2) These flood losses are caused by the cumulative effect of obstructions
in flood plains causing increases in flood heights and velocities, and
by the occupancy in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, flood-proofed,
or otherwise protected from flood damages.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance 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:
(1) restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3) control the alteration of natural flood plains, stream channels,
and natural protective barriers which are involved in the accomodation
of flood waters;
(4) control filling, grading, dredging and other development which may
increase erosion or flood damage; and,
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(5) prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards
to other lands.
SECTION D. OBJECTIVES
The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control
projects;
(3) to minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and
bridges located in flood plains;
(6) 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,
(7) to insure that potential home buyers are notified that property is
in a flood area.
ARTICLE 2. DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so a s to gi ve them the meaning they have in common usage
and to give this ordinance its most reasonable application.
"Appeal" means a request for a review of the Building Official's interpretation
of any provision of this ordinance or a request for a variance.
"Area of special flood hazard" is the land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given year.
"Base flood" means the flood having a one percent chance of being equalled or
exceeded in any given year.
"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.
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"Existing mobile home park or mobile home subdivision" means a parcel (or
contiguous parcels) of land divided into two 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 the effective date of this
ordinance.
"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).
"Flood" or "flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on
which the Federal Insurance Administration has delineated both the areas of
special flood hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" is the official report provided 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.
"Habitable floor" means any floor usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a "habitable floor."
"Mangrove stand" means an assemblage of mangrove trees which is mostly low
trees noted for a copious development of interlacing adventitious roots
above the ground and wh.ich contain one or more of the following species:
black mangrove (A vi cenni a Nitida); red mangrove (Rhizophora Mangle); white
mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta).
"Mean Sea Level" means the average height of the sea for all stages of the tide.
"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. It does not include
recreational vehicles or travel trailers.
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"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
"New mobile home park or mobile home subdivision" means a parcel (or
contiguous parcels) of land divided into two 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 the effective date of this
ordinance.
"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 installation 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 piling 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.
"Structure" means a walled and roofed building that is principally above ground,
as well as a mobile home.
"Substantial improvement" means, for a structure built prior to the enactment
of this ordinance, any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds fifty percent of the market value of the structure
either, (1) before the improvement or repair is started, or (2) 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
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dimensions of the structure.
The term does not, however, include either
(1) 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 (2) any alteration of a structure listed
on the National Register of Historic Places or a State Inventory of Historic
Places.
"Variance" is a grant of relief to a person from the requirements of this
ordinance which permits construction in a manner otherwise prohibited by this
ordinance where specific enforcement would result in unnecessary hardship.
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 City of Ocoee, Florida.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FWOD 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 1 May 1978,
with accompanying Flood Insurance Rate Maps and any revision thereto are
hereby adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the provisions of
this ordinance.
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 everlap, 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 ndnimum requirements; (2) liberally construed in favor
of the governing body; and, (3) deemed neither to lindt nor repeal any other
powers granted under state statutes.
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SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance 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 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 City of Ocoee, Florida 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 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, Florida from taking
such other lawful action as is necessary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION
SECTION A. DESIGNATION OF BUILDING OFFICIAL OF CITY OF OCOEE
The Building Official is hereby appointed to administer and implement the
provisions of this ordinance.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
Duties of the Building Official shall include, but not be limited to:
(1) Review all development permits to assure that the permit requirements
of this ordinance have been satisfied.
(2) Advise permittee that additional federal or state permits may be
required, and if specific federal or state permits are known,
require that copies of such permits be provided and maintained
on file with the development permit.
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(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 Insurance Administration.
(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.
(6) Verify and record the actual elevation (in relation to mean sea
level) to which the new or substantially improved structures have
been flood-proofed.
(7) When flood-proofing is utilized for a particular structure, the
Building Official shall obtain certification from a registered
professional engineer or architect.
(8) 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 reasonable opportunity to appeal the interpretation
as provided in this article.
(9) When base flood elevation data has not been provided in accordance
with Article 3, Section B, then the Building Official shall obtain,
review, and reasonable utilize any base flood elevation data
available from a federal, state or other source, in order to
administer the provisions 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.
SECTION C. 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, fill storage of materials; drainage facilities, and the location
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of the foregoing. Specifically, the following information is required:
(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 non-residential
structure has been flood-proofed
(3) Provide a certificate from a registered professional engineer or
architect that the non-residential flood-proofed structure meets the
flood-proofing criteria in Article 5, Section B(2)
(4) Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development
SECTION D. VARIANCE PROCEDURES
(1) The Board of Adjustments as established by City of Ocoee shall hear
and decide appeals and requests for variances from the requirements
of this ordinance.
(2) The Board of Adjustments 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 administration
of this ordinance.
(3) Any person aggrieved by the decision of the Board of Adjustments,
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.
(5) In passing upon such applications, the Board of Adjustments shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance, and:
(a) the danger that materials may be swept onto other lands to
the injury of others;
(b) the danger to life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility
to the community;
(e) the necessity to the facility of a waterfront location, where
applicable;
(f) the availability of alternative locations, not subject to flooding
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or erosion damage, for the proposed use;
(g) the compatability of the proposed use with existing and
anticipated development;
(h) the relationship of the proposed use to the comprehensive plan
and flood plain 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 applicable, 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.
(1) 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 (a-k) have been fully considered. As the lot
size increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
(6) Upon consideration of the factors listed above and the purposes of
this ordinance, the Board of Adjustments 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
(a) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(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 to the
applicant; 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
nuisances, cause fraud on or victimization of the public, or
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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 incre~sed 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 Insurance
Administration upon request.
ARTICLE 5. PROVISIONS FOR FWOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazard the following provisions are required:
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(2) All new construction and substantial improvements shall be constructed
with
materials and utility equipment resistant to flood damage.
(3) All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
(4) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(5) 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.
(6) On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(7) Any alteration, repair, reconstruction, or improvements to a structure
on which the start of construction was begun after the effective date
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 has been
provided as set forth in Article 3, Section B, or Article 4, Section B (11),
the following provisions are required:
(1) Residential Construction - New construction or substanti~l improvement
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of any residential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
(2) Non-residential Construction - New construction or substantial
improvement of any commercial, industrial or other non-residential
structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation or, together with
attendant utility and sanitary facilities, be flood-proofed so that
below the base flood level the structure is water tight 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. 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 C(3).
(3) Mobile Homes
(a) No mobile home shall be placed in a floodway or Coastal High
Hazard Area, except in an existing mobile home park or existing
mobile home subdivision.
(b) 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 feet and one
additional tie per side for mobile homes of fifty feet or more.
(ii) frame ties be provided at each corner of the home with four
additional ties per side at intermediate points for mobile
homes less than fifty feet long and one additional tie for
mobile homes of fifty feet or longer;
(iii) all components of the anchoring system be capable of
carrying a force of 4,800 pounds; and,
(iv) any additions to the mobile home be similarly anchored.
(c) For new mobile home parks and subdivisions; for expansions to
existing mobile home parks and subdivisions; for existing mobile
home parks and subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads equals or exceeds
fifty percent of value of the streets, utilities and pads
before the repair, reconstruction or improvement has commenced;
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and, for mobile homes not placed in a mobile home park or
subdivision require:
(i) stands or lots are elevated on compacted fill or on
pilings so that the lowest floor of the mobile home will
be at or above the base flood level;
(ii) adequate surface drainage and access for a hauler are
provided; and,
(iii) in the instance of elevation on pilings: (1) lots
are large enough to permit steps; (2) piling
foundations are placed in stable soil no more than
ten feet apart; and, (3) reinforcement is provided
for pilings more than six feet above the ground level.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need to
minimize flood damage.
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas,electrical and water systems
located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than
the lesser of fifty lots or five acres,
SECTION D. EFFECTIVE DATE
This ordinance shall become effective immediately upon passage by the City
Commission of the City of Ocoee, Florida.
ENACTED THIS
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DAY OF
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, 1978.
ATTEST:
CITY OF OCOEE
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MAYOR
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CITY CLERK