Ordinance 2009-028 Amending LDC Sections Relating to FEMA Requirement
ORDINANCE NO. 2009-028
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND
DEVELOPMENT CODE; AMENDING 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 ofNFIP;
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 COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authoritv. The City Commission of the City ofOcoee 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 ofthe 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 ofthe 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 S. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this20~ay of Qfuv , 2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
(SEAL)
ADVERTISED L cl. 't ,2009
READ FIRST TIME ()r1". lP , 2009
READ SECOND TIME AND ADOPTED
(,y tub e V- L () , 2009
UNDER AGENDA ITEM NO. I 0
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY )"\ ~ I
this J:e.. day of UC ~2009.
::LE71;J;Z:M
City Attorney
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EXHIBIT" A"
(Part IA of Article VII of Chapter 180 of the Code of Ordinances)
~ 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 o/Shallow Flooding: A designated AO or '/0 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 o/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.
(5) Base Flood: The flood having a one percent chance of being equaled or exceeded in any
given year.
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(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: <,\ny structure built for support, shelter, or enclosure for any occupancy or
storage. See structure.
W DeveloDment: Anv man-made chan2e to imoroved or unimoroved real estate.
includin2 but not limited to buildin2s or other structures. minin2. dred2in2. fillin2.
2radin2. oavine. excavation or drillin2 ooerations or stora2e of eauioment or materials.
!lID (SJtElevated Building: A non-basement building built to have the lowest floor elevated
above the ground level by means of-fi.l.l, solid foundation perimeter walls, pilings, columns (posts
and piers), shear walls or breakaway walls.
@ fUJrFlood 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.
~ fl-B-Flood Hazard Boundary Map (FHBM): An official map ofa 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 ofa 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 fHt-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.
@ ft4+-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.
(15) F188r: The top surface of an enclosed area in a building (including basement), i.e., top
of slab in concrete slab construction or top of 'Nood flooring in ',vood frame construction. The
term does not include the floor of a garage used solely for parking vehicles.
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(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, or 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.
UID Historic Structure: Anv structure that is:
UU Listed individuallv in the National Re2ister of Historic Places (a Iistin2 maintained
bv the Deoartment of Interior) or oreliminarilv determined bv the Secretary of the Interior
as meetin2 the reouirements for individuallistin2 on the National Re2ister:
au Certified or oreliminarilv determined bv the Secretary of the Interior as
contributin2 to the historical si2nificance of a re2istered historic district or a district
oreliminarilv determined bv the Secretary to oualify as a re2istered historic district:
~ Individuallv listed on a state inventory of historic olaces in states with historic
oreservation or02rams which have been aooroved bv the Secretary of the Interior: or
un Individuallv listed on a local inventory of historic olaces in communities with
historic oreservation or02rams that have been certified either:
L Bv an aooroved state or02ram as determined bv the Secretary of the Interior or
2.... Directlv bv the Secretary of the Interior in states without aooroved or02rams.
@ Lowest Floor: The lowest floor of the lowest enclosed area (includin2 basement).
An unfinished or flood resistant enclosure. usable solelv for oarkin2 of vehicles. buildin2
access or stora2e in an area other than a basement area is not considered a buildin2's
lowest floor: Provided. that such enclosure is not built so as to render the structure in
violation of the aoolicable non-elevation desi2n reouirements of Sec. 60.3.
aID ~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 (A vicennia nitida); red mangrove
(Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus
erecta).
@ 8-91-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).
~ RfJ1-Manu/actured 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
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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.
~ f}:B-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.
~ ~New Construction: Structures for which the "start of construction" commenced on
or after the effective date of this 8eetion.Seotember 19. 1978.
~ ~tart 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.
~ f?Aj-Structure: A walled and roofed building. includin2 a 2as or liouid stora2e tank.
that is principally above ground, as well as a manufactured home, a gas or liquid storage tank, or
other man made facilities or infrastructures. ~
an Substantial Damafle: Dama2e of any ori2in sustained bv a structure whereby the
cost of restorin2 the structure to its before dama2ed condition would eoual or exceed SO
oercent of the market value of the structure before the dama2e occurred.
~ ~ubstantial 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 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.
@ ~Variance: Is a grant of relief from the requirements of this ordinance 'Nhioh permits
construotion in a manner otherwise prohibited by this ordinance '.vhere specific enforcement
v/ould result in lH".neeessary hardship.
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~ 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.
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
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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.
~ 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;
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.
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(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 ofthe 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:
(l) 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 providedthe flood carrvin2 caoacitv within the altered or
relocated portion of said watercourse so that the flood carrying eapacity is not diminishedis
maintained.
(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.
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(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 ofthe boundary shall be given reasonable
opportunity to appeal the interpretation as provided in this Article.
(9) When base flood elevation data or flood'.vay data na':e not been provided, then tfleThe
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
Part.
(lO) 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.
@ Review orooosed develooment to assure that all necessary oermits have been
received from those 20vernmental a2encies from which aooroval is reQuired bv Federal or
State law. includin2 Section 404 of the Federal Water Pollution Control Act Amendments
of 1972.33 U.S.C. 1334.
D. Variance Procedures.
(l) 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.
(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;
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(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;
G) 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:
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.
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(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 elevated 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 se',vagewater suoolv systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(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.,....aB4;
(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,;,
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!lID All orooosals shall be consistent with the need to minimize flood dama2e:
@ All orooosals shall have oublic utilities and facilities such as sewer. 2as. electrical
and water systems located and constructed to minimize flood dama2e: and
!JlJ All orooosals shall have adeQuate draina2e orovided to reduce exoosure to flood
hazards.
B. Specific Standards.
In all areas of special flood hazard where base flood elevation data have been provided, the
following provisions are required:
(1) 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.
New construction efand 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,
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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.
C. Standards for Streams Without Establishment of Base Flood Elevations i\nd/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 floodways 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.
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(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) .\11 subdivision proposals shall be consistent '.'lith the need to minimize flood damage;
(2) .\ll subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimi:ce flood damage;
(3) .^JI subdivision proposals shall ha'le adequate drainage proyided to reduce exposure to
flood hazards, and;
( 1) 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 hi2h 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 hi2h as 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;
(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.
QJ All new construction and substantial imorovements of non-residential structures
shall have adeQuate draina2e oaths to 2uide flood waters around and away from oroDosed
structures.
SECTION 6. ~ 7 6.\.
W.\TER CONSERVATION.
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.^..ll plumbing fixtures installed in ne'N buildings and in renovations of existing buildings for
'.\'hich plumbing permits are required shall be low volume fi}ttures as required in Section 553.11,
Florida Statutes.
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