Item #10 Second Reading Ordinance Amending Sections 7-2A, 7-4A, 7-5A, 7-6A of Part IA of Article VII of Chapter 180
Meeting Date: October 20,2009
Item # ,0
Contact Name:
Contact Number:
Jim Washington
Reviewed By:
Department Director:
City Manager:
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Subject:
Update to City-Wide Floodplain Ordinance
Background Summary:
The city was notified by the Federal Emergency Management Agency (FEMA) Deputy Assistant
Administrator for Mitigation, of the need to review our current floodplain ordinance for compliance with
Code 44 of Federal Regulations Section 60.3(d) of the National Flood Insurance Program (NFIP).
Non-compliance with this regulation results in loss of participation in the NFIP.
Issue:
The City's ordinance was submitted to the FEMA Regional Office in Atlanta for review and changes
were requested. The City's ordinance has been updated pursuant to those changes in federal policy
and compliance is assured based on close communication with FEMA. Should the Honorable Mayor
and City Commission approve the update to the City-Wide Floodplain Ordinance?
Recommendations
The Floodplain ordinance was presented to the Planning And Zoning Commission at their October
13th meeting. The Planning and Zoning Commission recommended approval by the Mayor and City
Commission. Both the Planning and Zoning Commission and staff recommend the Honorable Mayor
and City Commission adopt the ordinance to bring our ordinance into compliance and maintain our
eligibility to participate in the National Flood Insurance Program.
Type of Item: (please mark wifh an "x'J
_ Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deaf Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
Al\1ENDING CERTAIN PROVISIONS OF THE OCOEE LAND
DEVELOPMENT CODE; Al\1ENDING SECTIONS 7-2A, 7-4A, 7-
SA, AND 7-6A OF PART IA OF ARTICLE VII OF CHAPTER 180
OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE IN
ORDER TO COMPLY WITH THE REQUIREMENTS OF THE
FEDERAL EMERGENCY MANAGEMENT AGENCY'S
NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Department of Homeland Security's Federal Emergency
Management Agency ("FEMA") requires localities to adopt flood plain management
provisions that satisfy 44 Code of Federal Regulations Section 60.3(d) of the National Flood
Insurance Program ("NFIP") Provisions to ensure ongoing participation in the NFIP; and
WHEREAS, FEMA has requested that we make certain revisions to Part IA of Article
VII of Chapter 180 of the Code of Ordinances in order to satisfy the requirements of NFIP;
WHEREAS, the City wishes to comply with the FEMA requirements so as to continue
its participation in the NFIP so as to promote the public health, safety and general welfare and
to minimize public and private losses due to flood conditions in specific areas.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMl\1ISSION 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. Part IA of Article VII of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida is hereby amended to read as set forth on Exhibit" A" attached hereto
and incorporated herein by reference (deletions are noted by strike-through and additions are
noted by double underlining).
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.
SECTION 4. Codification. It is the intention of the City Commission of the City that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
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the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word
or phrase in order to accomplish such intentions; and regardless of whether such inclusion in
the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this _ day of
,2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2009
READ FIRST TIME , 2009
READ SECOND TIME AND ADOPTED
, 2009
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of , 2009.
FOLEY & LARDNER LLP
By:
City Attorney
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EXHIBIT "A"
(part IA of Article VII of Chapter 180 of the Code of Ordinances)
S 7-1A. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES.
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:
B. Findings of Fact.
(1) The flood hazard areas of the City of Ocoee are subject to periodic inundation which
results in loss of life and 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 floodplains
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 unprotected from flood damages.
C. Statement of Purpose.
It is the purpose of this Section 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 hazards, or which result in damaging increases in 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 floodplains, stream channels, and natural protective
barriers which are involved in the accommodation 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.
D. Objectives.
The objectives of this Section 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 floodplains;
(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 flood blight areas, and;
(7) To insure that potential home buyers are notified that property is in a flood area.
S 7-2A. DEFINITIONS.
A. Unless specifically defined below, words or phrases used in this Section shall be
interpreted so as to give them the meaning they have in common usage and to give this Section
its most reasonable application.
(1) Addition (to an existing building): 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.
(2) Appeal: A request for a review of the Building Official's interpretation of any
provision of this Section or a request for a variance.
(3) Area of Shallow Flooding: A designated AO or '10 Zone on a community'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.
(4) Area of Special Flood Hazard: The land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
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(5) Base Flood: The flood having a one percent chance of being equaled or exceeded in
any gIven year.
(6) Basement: That portion of a building having its floor subgrade (below ground level)
on all sides.
(7) Breakaway Wall: A wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundation
system.
(8) Building: Any structure built for support, shelter, or enclosure for any occupancy or
storage. See structure.
!2l DeveloDment: Anv ma.n-made chan!!e to imocOYed or unimoroved real eMa1e..
includin!! but not limited to buildin!!s or other structures. minin!!. dred!!in!!. filliUj?;.
gradin2...J>Jlvin!!. excavation---.OLdrillim! ooerations or stora!!e of eouioment or materia~
!lID f91-Elevated Building: 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.
!ID fWt-Flood or Flooding: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
!ill fUj-Flood Hazard Boundary Map (FHBM): An official map of a community, issued
by the Federal Emergency Management Agency, where the boundaries of the areas of special
flood hazard have been defined as Zone A.
@ ~Flood Insurance Rate Map (FIRM): An official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
!W ~Flood Insurance Study: is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
~ fl4)--Floodway: 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.
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(15) Floor: The top surface of an enclosed area in a building (including basement), i.e.,
top of slab in concrete slab construction or top of '.vood flooring in ".'lood frame construction.
The term does not include the floor of a garage used solely for parking vehicles.
(16) Functionally Dependent Facility: 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,-.1l.r
ship repair, or seafood processing facilities. The term does not include long-term storage,
manufacture, sales, or service facilities.
(17) Highest Adjacent Grade: The highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
aID Historic Structure: Anv structure that is:
~ Listed individually in the National Rel!ister of Historic Places (a listinl! maintained
bv the Deoartment of Interior) or oreliminarilv determined bv the Secretary of the
Interior as meetinf:! the reouirements for individuallistinl! on the National Rel!ister:
au Certified or oreliminarilv determined bv the Secretary of the Interior as
contributin~ to the historical sil!nificance of a r~istered historic district or a district
preliminarily determined bv the Secretary to Qualifv as a' rel!istered historic district:
~ Individually listed on a stat~ inventory of historic olaces in states with historic
preservation orOl!rams which have been aj)~J:OYed bv the Secretary of the Interior: or
@ Individuallv listed on a local inventory of historic olaces in communities with
historic oreservation orOl!rams thaLhave been certified either:
1.. Bv an aooroved state orOl!ram as determined bv the Secretary of the Interior or
2.. Directlv bv the Secretary of the Interior in states withouL.amu:ID~ed orOl!rams.
Ll2l Lowest Floor: The lowest flooLOliheJowest enclosed area (includinl! basement).
An unfinished or flood resistant enclosure. usable solely for oarkinl! of vehicles. buildinl!
access or storal!e in an area other than a basement area is not considered a buildinl!'s
lowest floor: Provided. that such enclosure is not built so as to render the structure in
violation of the alWlicable non-elevation desil!n reouirements of Sec. 60.3.
am fl8t-Mangrove Stand: An assemblage of mangrove trees which is mostly low trees
noted for a copious development of interlacing adventitious roots above the ground and which
contain one or more of the following species: black mangrove (Avicennia nitida); red
mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood
(Conocarpus erecta).
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@ tl-9t-Mean Sea Level: The average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the flood plain. For purposes of
this Section, the term is synonymous with National Geodetic Vertical Datum (NGVD).
all fYJt-Manufactured Home: 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 180 consecutive days or
longer and intended to be improved property.
~ ~National Geodetic Vertical Datum (NGVD): As corrected in 1929 is a vertical
control used as a reference for establishing varying elevations within the flood plain.
~ tJ?+New Construction: Structures for which the "start of construction" commenced
on or after the effective date of this Section.Sentember 19. 1978.
~ ~Start of Construction: For other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P. L. 97-348), includes substantial
improvement, and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, or improvement was within 180 days of the permit date.
The actual start means the first placement of permanent construction of a structure (including a
manufactured home) on a site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; 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 part of the main structure.
~ tMt-Structure: A walled and roofed building. includim! a !!as or liQlli.!lsto..ra2f
~ that is principally above ground, as well as a manufactured home, a gas or liquid
storage tank:, or other man made facilities or infrastructures. ,!
a:n Substantial Damaf!e: Damag~nY ori~in sustained by ~tructure whereby the
cost of restorin2 the structure to its before dama2ed condition would eoual or exceed 50
percent of the marketxalue of the structure hefore the dama2e occurred.
~ flSt-Substantial Improvement: Any combination of repairs, reconstruction,
alteration, or improvements to a structure, taking place during the life of a structure (eighty
(80) year period), in which the cumulative cost equals or exceeds fifty percent of the market
value of the structure. The market value of the structure should be (1) the appraised value of
the structure prior to the start of the initial repair or improvement, or (2) in the case of
damage, the value of the structure prior to the damage occurring. 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
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any project for improvement of a structure required to comply with existing health, sanitary,
or safety code specification which are solely necessary to assure safe living conditions.
a2l ~ Variance: Is a grant of relief from the requirements of this ordinance \vhich
permits construction in a manner other.vise prohibited by this ordinance where specific
enforcement would result in unnecessary hardship.
S 7-3A. GENERAL PROVISIONS.
A. Lands To Which This Section Applies.
This Section shall apply to all areas of special flood hazard within the jurisdiction of the City
of Ocoee, Florida.
B. Basis For Establishing The Areas of Special Hazard.
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 Code.
C. Establishment of Development Permit.
A Development Permit shall be required in conformance with the provisions of this Section
prior to the commencement of any development activities.
D. Compliance.
No structure or land shall hereafter be located, extended, converted or structurally altered
without full compliance with the terms of this Section and other applicable regulations.
E. Abrogation and Greater Restrictions.
This Section is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this Code and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
F. Interpretation.
In the interpretation and application of this Section 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.
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G. Warning and Disclaimer of Liability.
The degree of flood protection required by this Section 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
Section 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 Section 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 Section or any administrative decision lawfully made
thereunder.
H. Penalties for Violation.
Violation of the provisions of this Section or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions, shall constitute a misdemeanor. Any person who violates this
Code or 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
from taking such other lawful action as is necessary to prevent or remedy any violation.
S 7-4A. ADMINISTRATION.
A. Designation of Building Official.
The Building Official is hereby appointed to administer and implement the provisions of this
Section of Article VII.
B. Permit Procedures.
(1) 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 location of the foregoing. Specifically, the following
information is required:
(a) Application Stage.
1. Elevation in relation to mean sea level of the proposed lowest floor (including
basement) of all structures;
2. Elevation in relation to mean sea level to which any non-residential structure will be
flood-proofed;
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3. Certificate from a registered professional engineer or architect that the non-residential
flood-proofed structure will meet 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, and;
(b) Construction Stage.
(2) 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 members 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 supervision 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 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.
C. Duties and Responsibilities of the Building Official.
Duties of the Building Official shall include, but not be limited to:
(1) Review of all development permits to assure that the permit requirements of this Code
have been satisfied;
(2) Advise permittee that additional federal or state permits may be required, and if
specific federal or state permit requirements are known, require that copies of such permits be
provided and maintained on file with the development permit.
(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 providedLhe flood carrvine caoacitv within the altered or
relocated portion of said watercourse so that the flood carrying capacity is not diminishedis
maintained.
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(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 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.
(9) When base flood elevation data or flood'Nay data have not been provided, then theThe
Building Official shall obtain, review and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source to ensure comoliance with this
~.
(10) All records pertaining to the provisions of this Code shall be maintained in the office of
the Building Official and shall be open for public inspection.
WJ R...e~prooosed develoomen.ti.o..llssure that all necessarvll-erlIlits...-have been
received from those l!overnmental al!~Ildes from which aooroval is J:e.(JJJ.irell-hv Federal or
State law. includinl! Section 404 of the Federal Water Pollution CmljrnLAct Amendments
of 1972. 33 V.S.C. 1334.
D. Variance Procedures.
(1) The City Commission shall hear and decide appeals and requests for variances from the
requirements of this Code after receiving a recommendation from the Board of Adjustment.
(2) The City Commission shall hear and decide appeals when it is alleged there is an error
in any requirement, decision, or determination made by the Building Official in the
enforcement or administration of this Code.
(3) Any person aggrieved by the decision of the City Commission 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, and provided
the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing
its historical designation.
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(5) In passing upon such applications, the City Commission shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this Code, and:
(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 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 of the facility to a waterfront location, in the case of a functionally
dependent facility;
(f) The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(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;
U) 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.
(6) Upon consideration of the factors listed above, and the purposes of this Section, the
City Commission may attach such conditions to the granting of variances as it deems necessary
to further the purposes of this Code.
(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; and in the instance of a historical
buildinghistoric structure, 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:
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1. A showing of good and sufficient cause,
2. A determination that failure to grant the variance would result in exceptional hardship,
and;
3. 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,
cause 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.
~ 7-5A. PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. General Standards.
In all areas of special flood hazard the following provisions are required;
(1) New construction and substantial improvements shall be anchored to prevent floatation,
collapse eFand lateral movement of the structure;
(2) Manufactured homes shall be-.e.levated and anchored to prevent floatation, collapse,
eFand 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 eFand substantial improvements shall be constructed by methods and
practices that minimize flood damage.
(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 sanitary sevlagewater suoolv systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
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(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.,.--aOO;
(9) Any alteration, repair, reconstruction or improvements to a structure which is in
compliance with the provisions of this Section, shall meet the requirements of "new
construction" as contained in this Code;
!lID AILProoosals shall be consistent with the need to minimize flood damage:
DJJ All orooosals shaJLhave ou....bli..c-1JtilitieLand facilities such as sewer. !!as. electrical
a~ater svstems located and constructed UUninimize flood dama!!e: and
all All orooosals shall have adeQU~~a!!e provided to reduce exoosure to flood
hazanls .
B. Specific Standards.
In all areas of special flood hazard where base flood elevation data have been provided, the
following provisions are required:
(I) Residential Construction.
New construction eFand 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 this Article.
(2) Non-Residential Construction.
New construction eFand 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 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 this Article.
(3) Elevated Buildings.
ORLA_1413723.4 -14-
New construction Mand 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 or exceed the following minimum criteria:
1. 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;
2. The bottom of all openings shall be no higher than one foot above grade; and,
3. 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 connections 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 portion of such enclosed area shall not be partitioned or finished into
separate rooms.
(4) Floodways.
Located within areas of special flood hazard established in this Article are areas designated as
floodways. Since the floodway 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 occurrence of the base flood discharge;
(b) If Article V, Section B (4) (a) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this
Article.
(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 this Article are met.
ORLA_1413723.4
-15-
C. Standards for Streams Without Establishment of Base Flood Elevations And/Orand
Floodways-;-
Located within the areas of special flood hazard established in this Article where small streams
exist but where no base flood data have been provided or where no flood ways have been
provided, the following provisions apply:
(1 ) No encroachments, including fill material or structures shall be located within a
distance of the stream bank equal to two (2) times the width of the stream at the top of the
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 efand substantial improvements of structures shall be elevated or
flood-proofed to elevations established in accordance with this Article.
D. Standards for Subdivision Proposals.
(1) All subdivision proposals shall be consistent '.'lith 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) .^..ll 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.
E. Standards for Areas of Shallow Flooding (AO) Zones.
Located within the areas of special flood hazard established in this Article are areas designated
as shallow flooding areas. These areas have special flood hazards associated with base flood
depths of one (1) to three (3) feet 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 teat least as hi!!h as 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;
(a) Have the lowest floor, including basement, elevated teat least as hi!!h as the depth
number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade.
ORLA_1413723.4
-16-
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;
(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.
Q} All new construction and substantial improvements of non-residential structm:.e..s
shall ha~ade.quate.Jlraina!!e oaths to !!uide flood waters around and away fr-DID.,JJroposro
strnct~
SECTION 6. g 7 6A.
WATER CONSERVf.TION.
All plumbing fixtures installed in new buildings and in renovations of existing buildings for
which plumbing permits are required shall be low volume fixtures as required in Section
553.14, Florida Statutes.
ORLA_1413723.4
-17-
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I
CITY OFOCOEE"
NOTICE OF PUBLIC HEARING.
FOR AN AMENDMENTTO
THE OCOEE LAND'
DEVELOPMENT CODE
?,..:,.~~""t 'j:'l-'Y:
, NOTICE IS HEREBY given that the OCOEE CITY
COMMISSION will consider proposed Amendments to ,
the City of Ocoee Land Development Code amending
Sections 7-2A, 7-4A, 7-5A, 7-6A of Part IA of Article
VII of Chapter 180 relating to the Federal Emergency
Management Agency's National' Flood Insurance
, Program requirements.
, '
The OCOEE CITY COMMISSION will hold a public
hearing on the proposed amendments on TUESDAY",
OCTOBER 20, 2009 AT 7:15 PM or as soon thereafter
as practici:i1.The public hearing will be held in the City
Hall Commission Chambers located at 150 North
Lakeshore Drive, Ocoee. -;.
ORDINANCE NO. 2009-028
AN ORDINANCE OF THE CITY OF OCOEE, FLORID4
AMENDING CERTAIN PROVISIONS. OF THE
OCOEE LAND DEVELOPMENT CODE; AMENDING
SECTIONS 7-2A,7-4A, 7-5A, AND,7-6A OF PART lA,
OF ARTICLE VII OF CHAPTER 180 OFTHE CODE OF
, ORDINANCES OF THE CITY OF OCOEE IN ORDER.
TO COMPLY WITH THE REQUiREMENTS OF THE';
FEDERAL EMERGENCY MANAGEMENT AGENCY'S
NATIONAL FLOOD INSURANCE' PROGRAM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATI?N; PROVIDING AN EFFECTIVE DATE.
. Interested parties may appear at the public'hearing and,
be heard with respect to the proposed actions above.
The complete case file may be inspected at ,the Ocoee
Development Services Department/Planning Division
located at 150 North Lakeshore Drive, Ocoee, Florida
between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, except legal holidays.
The City Commission may continue these public hearings
to other dates and times, as it deems necessary. Any
interested' partY shall be advised of the dates, times" .
, and places of anycontinu'ation of these or continued ,
public hearings shall be announced during the hearing
and no further notices regarding these matters will be
published.
You are advised that any person who desires to appeal
any decision made at the public hearings will need a
record of the proceedings and for this purpose may need
to ensure that a verbatim record of the proceedings is
made which includes the testimony and evidence upon
which the appeal is based.
Persons with disabilities needing assistance to parti~ipate
in any of these proceedings should contact the 'City
Clerk's Office 48 hours in advance of the meeting at
407-905-3105. '
Beth Eikenberry, City Clerk
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Workshop Details:'~. \
The wo~ka-ho'p wiil.be
Internal qperational
, plea5ecall.407-8~6'
Or;
4E
Funding will be availablE
not eligible for thisop
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