VII (A3) First Reading of Ordinance 2000-30, Amending Ordinance No. 91-11, Relating to Flood Damage Prevention Agenda 11-21-2000
Item VII A 3
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MEMORANDUM
DATE: November 15, 2000
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E., City Engineer/Utilities Directory
SUBJECT: Flood Protection Ordinance
We have been informed by FEMA that in order for our current Flood Damage Prevention
Ordinance to comply with the most recent National Flood Insurance Program
regulations, we need to add a definition of"lowest floor". Our ordinance refers in
several places to the "lowest floor", but does not define that term.
We have received from FEMA the definition of"lowest floor" as cited in 44 CFR
(National Flood Insurance Program), and have prepared an ordinance which
incorporates this definition into the city's Flood Damage Prevention Ordinance.
The attached ordinance was prepared by the City Attorney using the definition provided
by FEMA.
I recommend that the City Commission authorize the Mayor and City Clerk to execute
Ordinance No. 2000-30.
JWS/jbw
Attachment
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ORDINANCE NO. 2000-30
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO FLOOD DAMAGE PREVENTION;
AMENDING THE PROVISIONS OF ORDINANCE NO. 91-11
TO INCLUDE A DEFINITION FOR "LOWEST FLOOR";
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to provide for a
definition of "Lowest Floor" relating to the City's Flood Damage Prevention Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. 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. Amendment to Ordinance No. 91-11. Section 5-
74 of Ordinance No. 91-11 is hereby amended to include the following definition:
(ff) Lowest Floor (Reference Level) — The lowest floor to the lowest enclosed
area (including a basement). An unfinished or flood-resistant enclosure,
usable solely for parking of vehicles, building access, or storage in an area
other than a basement area, is not considered a building's lowest floor
provided that such enclosure is not built so as to render the structure in
violation of requirements.
SECTION 3. 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.
006.200413.1
SECTION 4. Conflicts. All Ordinances and Resolutions, or
parts of Ordinances and Resolutions, in conflict herewith are hereby repealed and rescinded.
SECTION 5. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2000.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2000
READ FIRST TIME , 2000
READ SECOND TIME AND ADOPTED
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 2000.
FOLEY & LARDNER
By:
City Attorney
2
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