HomeMy WebLinkAbout2001 01 22 Public Hearings C Second Reading - Ordinance 2001-04 Amend Chapter 8 of the Code of Ordinance
COMMISSION AGENDA
ITEM C
Consent
Informational
Pu bUe Hearing X
Regular
January 22,2001
Meeting
Mgr. / Attorney /
Authorizatio
(lr-/
REQUEST:
The Community Development Department requests that the Commission conduct a public
hearing for a second reading and consideration of Ordinance 2001-04 that will amend Chapter 8
of the Code of Ordinances related to Flood Damage Prevention and Section 9-241 related to
Stormwater Management.
PURPOSE:
The purpose of this item is to consider changes to Chapter 8 and Section 9-241 of the Code of
Ordinances related to Flood Damage Prevention and Stormwater Management.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3167(11) F.S. which states: Each local government is encouraged to
articulate a vision of the future physical appearance and qualities of its community as a
component of its local comprehensive. The vision should be developed through a collaborative
planning process with meaningful public participation and shall be adopted by the governing
body of the jurisdiction.
CONSIDERA nONS:
. In August 1999, the Commission authorized the City Manager to engage consultants to
review City codes related to Floodplain Management and to prepare amendments to the
code if necessary.
CDD/January 11,200118:23 AM
JANUARY 22, 2001
PUBLIC HEARING AGENDA ITEM C
Page 2
. CPH Engineering Inc. made recommendations for change to Chapter 8 of the City code
related to Flood Damage Prevention and Section 9-241 related to Storm water
Management in a workshop on October 16,2000.
. On November 13, 2000 the City Commission conducted a public hearing for first reading
of Ordinance 2000-39.
. On November 27,2000 the City Commission conducted a second public hearing and
elected to deny Ordinance 2000-39.
. On December 4, 2000 Commissioner Martinez indicated that he intended to bring
Ordinance 2000-39 back for reconsideration in January 2001.
. On January 8, 2001 the City Commission conducted a public hearing for first reading of
Ordinance 2001-04.
STAFF RECOMMENDATION:
Staff recommends that the Commission conduct a second reading for consideration of Ordinance
2001-04 amending Chapter 8 and Section 9-241 of the Code of Ordinances.
IMPLEMENTATION SCHEDULE:
The ordinance will become effective immediately upon adoption per Section 4.15(c) City
Charter and 166.041(4) Florida Statutes.
ATTACHMENTS:
A. Ordinance No. 2001-04 and Exhibit "A" (Flood Damage Prevention Chapter 8,
Articles I, II and III).
B. Legal Ad
COMMISSION ACTION:
eDD/January 12,2001110:03 AM
<,
ATTACHMENT A
"
ORDINANCE NO. 2001-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
CHAPTER 8 DEALING WITH FLOOD DAMAGE
PREVENTION AND SECTION 9-241 STORMWATER
MANAGKMENT, LAND DEVELOPMENT CODE;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs has determined that codes
related to flood damage prevention and storm water management are out-of-date, and
WHEREAS, the City of Winter Springs has engaged CPH Engineering Consultants to
review Chapter 8, Flood Damage Prevention and Section 9-241 Stormwater Management, Land
Development Code and make recommendations for change, and
WHEREAS, CPR Engineering has completed its review of Chapter 8 and Section 9-241 and
has identified areas in the code that require additions or deletions, and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
ordinance is in the best interests of the public health, safety and welfare of the citizens of Winter
Springs, Florida. .
NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Code Amendment. Winter Springs Code Chapter 8, Articles I, II and ill, and
Section 9-241 are hereby amended as follows: (underlined type indicates additions and strik~out type
indicates deletions, as shown in Exhibit "A" of this ordinance. It is intended that the unchanged text
in Chapter 8 and Section 9-241 as set forth in Exhibit "An shall remain unchanged from the
language existing prior to adoption of this Ordinance).
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent ofthe conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
City of Winter Springs Ordinance No, 2001-04
Page I 0[2
"
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance,
Section S. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 22n<ilay of Januar 2001.
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR OF WINTER SPRINGS ONLY:
First Reading: January 8, 2001
Second Reading: January 22, 2001
Effective Date: January 22. 2001
Cily of Winter Springs Ordinance No. 2001-04
Page 2 of2
CHAPTER 8
Exhibit "A"
FLOOD D!\i\.'I!\CI: l'IU:vENTlON
AltT[CLE L (N GENEllAL
See. S, L. Oclinitions,
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted
so as to give them the meaning they have in
common usage and to give this chapter its most
reasonable application:
Accessory Use. A use which is incidental and
subordinate to the principal use of the parcel of
land on which it is located.
Addition (to an existinf! bui/dinf-!). 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 load-bearing walls is new
construction.
Administrator. The federal insurance
administrator, to whom the director of the
federal emergency management ageney has
designated the administration of the national
flood insurance program.
Appeal. A request for a review of the flood
damage control administrator's interpretation of
any provision of this chapter or a request for a
variance.
ADDraised Value. The assessed value as listed
by the Seminole County Property Appraiser.
Area of Shallow Flooding. A designated AO,
AH, or VO zone on the flood it.surance rate
map (flRM). The base flood depths range from
one (I) to three (3) feet, a clearly defined
channel does not exist, the path of flooding is
unpredictable and indeterminate, and velocily
(low may be evident.
A rea of special flood hazard. The land in lhe
lIoodplain wilhin a cOlllmunily sulljecllo a one-
pcrcelll or ~rcalcr chance: or lloodillg ill allY olle
(t) J:IVCII YC;Ir.
",
I I
"I'PI
IJme flood, The flood having a one-percent
chance of being equaled or cx.ceeded in any
given year.
Base flood elevation. The crest elevation in
relation to mean sea level (MSL) (using National
Geodetic Vertical Datum) expected to be reached
during a flood ;Vhich encompasses the regulatory
floodplain.
Bui/dinf-!. See Structure.
Development. Any manmade 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 located within
the area of special flood hazard.
Encroachment. The advance or infringement of
uses. plant growth. fill. excavation. buildings.
permanent structures. or development into a
floodplain. which may impede or alter the flow
, capacity of a floodolain.
Existing manufactured home park or
subdivision. A manufactured home park or
subdivision for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed. (including.
at a. minimum. the installation of utilities. the
construction of streets. and either final site
grading or the pouring of concrete Dads) was
completed. before August 11. 1981. .
Expansion to an existinfl manufactured home
park or subdivision. The preparation of
additional sites by the construction of facilities
for servicing the lots on which the manufactured.
homes are to be affixed (includinl! the installation
of utilities. the construction of streets. and either
final site grading or the pouring of concrete
nadsl.
Oood or f1oodillg. A general and lcmporary
condition or partial or complclc inundation of
Ilormally dry land areas rrom:
;\. Thc (Ivcrllow or 1111:111(1 Of lidal walers;
:\1\(1/0'
rLOOD DAMAGE PREVENTION
(
b. The unusual and rapid accumulation or
runo ff 0 f surface waters from any
source.
Flood boundary and jloodway map. The
official map on which the administrator has
delineated both the flood boundaries and the
regulatory flood way.
Flood damage co:tlr-ol administ.~(It{Jr. The
officcr of the city responsible for the cJCceution
of this chapter and the delegation of
responsibilities f{)r the individual tasks
oontained herein.
Flood elevation determination. A
determination by the administrator of the water
surface elevations of the base flood, that is, the
flood level that has a one-percent or greater
chance of occurrence in any given year.
\.
Flood insurance rate map (FIRM). An
official map of a community, on which the
administrator Federal Emergencv Management
Agencv or Federal Insurance Administration
has delineated both the special areas of special
flood hazards and the risk premium zones
applicable to the community.
Flood insurance study. An elcamination,
e,,'aluation and determina.tion of flood haw.rds
a.nd, if appropriate, an eltamination, evaluation
and determination of mudslide (i.e., mudflow)
and/or flood related erosion hazards. The
official report provided bv the Federal
hlsurance Administration that includes flood
profiles. the Flood Insurance Rate Map. the
Flood Boundary and Floodwav Map. and the
water surface elevation of the base flood.
Floodplain. Land which will be inundated by
floods known to have occurred or reasonably
characteristic of what can be eKpected to occur
from the overflow of inland or tidal waters and
lhe accumulation of runo/"/" of surface waters
from rainfall.
I:/ood/i/a;". Adfll;,,;x{/"a{o/". The individual
:,111Il.<.~i,I~~~.<.L.t!.'.._i.tS!!.!..I.i.ui.8.~L~~'--~.1I force lhe
It (HI( I" I :1111 11\;\11 :,1 ~'.(~ 1\1<;11.1 ..,"c !.'.II,I:I,I. ~O,!,I,S"
I',
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I' '
Floodplain IIIQl/agclIlel/1 regulations. Any
zoning ordinances, land development ordinance
subdivision regulations, building codes. health
regulations, special purpose ordinances (such as
a floodplain management ordinance, grading
ordinance and erosion control ordinance), and
other applications of police powers. The term
describes such state or local regulations, in any
combination thereof, which provide standards for
the purpose of flood damage prevention and
reduction.
Floodproofing. Structural changes or
adjustments incorporated in the design or
construction of a building so as to make the
building watertight with walls substantially
impermeable to the passage of water and with
structural components having the capacity of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy for the reduction or
elimination of flood damages.
Floodway. See "regulatory flood way. II
Floodway encroachment line. The line
marking the limits of floodway maps on federal.
state and local floodplain maps.
Floodwav frinf!:e. That area of the floodplain
on either side of the "Re1!ulatory Floodwayu.
Fraud and victimization. 'As related to
Section 8-34. Variances. of this ordinance.
means that the variance In"3.nted must not cause
fraud or victimization of the 'public. [n
exammmg this reQuirement. the City will
consider the fact that every newlv constructed
building adds to government responsibilities and
remains a part of the community for fifty to one
hundred years. Buildings that are below the base
flood elevation are subiect during all those years
to increased risk of damage from floods. while
fulure owners of the propertY and the community
as a whole are subiect to all the costs.
inconvenience. danger. and suffering that those
increased flood damages bring. In addition.
fulurc owncrs may purchase the property.
unaware lhal It is subiccl 1.0 potcnlial flood
<.!~~I,O. ;111(\ 011 he IIIS\Jl,d ollly at very~
II, ,,~(I.."1 SIll',:! '!I.:~-' ,'ICS..,
fL.-OOD DAMAG[ I'lt[VI:NTION
..
FIII/cliol/al/v dcoelldelll lIse. A use of a
building or other development, which cannot be
achieved unless the building or other
develonment is located in close proximity to
water. The term includes only docking
facilities, port facilities that are necessary for
the loading and unloading of cargo or
passengers, and ship building and ship repair
facilities. and does not include long-teon
storage or related manufacturing facilities.
Governinf{ body. The City Commission of
Winter Springs. which is empowered to adopt
and implement regulations to provide for the
public health. safety and general welfare of its
citizenry.
Hardship. As related to Section 8-34.
Variances. of this ordinance means the
exceptional hardship that would result from a
failure to grant the requested variance. The
City requires that the applicant prove that the
variance is exceptional. unusual. and peculiar to
the property involved. Economic or financial,
hardship alone is not exceptional.
[nconvenience. aesthetic considerations.
physical handicaps. personal preferences. or the
disapproval of one's neighbors likewise cannot
as a rule. qualify as an exceptional hardship.
All of these problems can be resolved through
other means without granting a variance. even
if the alternative is more expensive. or reQuires
the property owner to build elsewhere or put
the parcel to a different use than oris!inally
intended.
Highest adjacent grade. The highest natural
elevation of the ground surface, prior to
constTuction, next to the proposed walls of a
structure.
Historic structure. Any structure that is:
I. Listed individually in the National
(tec,ister of Historic Places (a listing
ll1<1intained hy the United 'Slales
I k[lartll1ent of Interior) or preliminarily
~Is.lenllined hy lite Seuclary of the Interior
a ~ ,111"l,=.<::_I!!.! L:..\J.I,~-'~<;Sl \I i re ".!S: 11 Is Cor i lid i v id~
11:;IIIl!.: <III I,ll<; f\J;I,Ii.(!fl~I,I..!.{q.'.(~!~I::
,r. ',,'p,
2, Certified or nreliminarily determined b'{
the Seeretar" of the Interior as contributing
to the historical signiticance of a registered
historic district or a district preliminarily:
determined bv the Secretary to qualify as a
registered historic district.
Lowest floor. The lowest floor of the lowest
enclosed area (including 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 consid,ered a building's lowest. floor, provided
that such enclosure is not built so as to render the
slructure.-in violation of the applicable non-
elevation design requirements of the chapter.
Ua.,'zg,vo';c SLa.,'ld An assemblage of mangrove
trees whieh llre mostly low trees noted f{)r a
copious de....elopment of interlacing lld'lentitioU3
fOOts abo'/e the ground and which contain one (1)
or more of the following speoies: Bla.ok
mangrove (t\vieen..-:ia Nitida); rcd ffillngr{)'..e
(R...~izophora Mangle); v/hite mangr<ove
(La.nguneularia Raccmosa); and buttonwood
(Conocarpus Ereeta).
Manufactured home. A structure, transportable.
in one (I) or more sections, which is built on a
permanent chassis and is designed for use with or
without a permanent foundation when connected
to the required utilities. For floodplain
management purposes the teem "manufactured
home" also includes park trailers, ~vel trailers,
and other similar vehicles placed on a site for
greater than one hundred eighty (l80)
consecutive days. For insurance purposes the
term "manufactured home" does not include park
trailers, tTaveltrailers, and other similar vehicles.
Manufacturcd home park or subdivision. A
parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for
rent or sale.
MCWI sea lel'eI (MSL). The average height of
Ihe sea lor all sla~cs of lhe lidc. It is used as a
rdcrCllce for cSlablisltin[; varyil1~ elevations
wilhin [he lloodpl:lin, h,r porposes of Ihis
ch;lplcr. Ihe lcrlll " SY"Oll\'IlIOllS Wllh Nalional
(;C(I(I.:II\: VC"I,C,.1 1):'111111 (\', .\'1))
FLOOD DAMAGE I'RlYENTrON
{I-labile HOllie. See MCl/II1(actllred home.
National Geodetic Vertical DatulII (NGVD).
As corrected in 1929, NGVD is a vertical
control used as a reference for establishing
varying elevations within the floodplain.
New constructiOIl. Structures for which the
"start of construction" commenced on or after
the effective date of this chapter.
New manufactured home park or
subdivision. A manufactured home, park or,
subdivision for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed
(including at a minimum. the installation of
utilities. the construction of streets. and either
final site grading or the pouring of concrete
pads) is completed on or after the effective date
of floodplain management regulations adopted.
by this community.
Obstruction. Includes. but is not limited to.
any dam. wall. wharf. embankment. levee. dike.
pile. abutment. protection. excavation.
channelization. bridge. conduit culvert.
building. wire. fence. rock. gravel. refuse, fill.
structure. vegetation or other material in. along.
across or proiecting into any watercourse which
may alter. impede. retard or change the'
direction and/or velocity of the flow of water.
or due to its location. its propensity to snare or
collect debris carried bv the flow of water. or
its likelihood of being carried downstream.
One-hundred-year {load or u, OO-year {load.
See Base {load.
Public safety and nuisance. As related to
Section 8-34. Variances. of this ordinance
means that the granting of a variance must not
resull in anything which is iniurious to safety or
health oCan entire community or neighborhood.
or any considerahle /lumber of pcrsons. or
lllllaw(iJlly obstructs the free JlaSSal~C or use. in
lhe customary manner. or allY /lavil~ablc lake.
~~~.l!!!.Y-, sIn;;!!!.!.. canaL..or hasin.
1\'!,~('I'~(t,(JU(I(d .':t:lu:(:,h:, A, V\:,I,I,I,C l!:. \VI,IIC.I.I._i5:
I', . II'", .... "I'i'l
1. Built 011 a single chassis:
2. 400 square feet or less when measured at
the largest horizontall>roicction:
3. Designed to be self-propelled or
permanentlv towable by a Iight-duty truck:
and
4. Designed primarily not for use as a
permanent dwelling but as temporary living
Quarters for recreational. camping, traYel. or
seasonal use.
Regulatory Flood. For purposes of this chapter,
a flood event having a one-percent chance of
occurring in any given year, although the ,flood
may occur in any year, i.e., the hundred-year
flood.
Regulatory flood elevation. The crest elevation
in relation to mean sea level expected to be
reached by the regulatory flood at any gwen
point in an area of special flood hazard.
Regulatory floodway. The channel of a river or
other watercourse and the adjacent land areas
that must be reserved in order to discharge the
velocity waters of the regulatory flood.
Remedy a violation. To bring the structure or
other develooment into compliance with State or
local floodolain management regulations. or. if
this is not DOssible. te reduce the impacts of its
noncompliance. Ways that impacts may be
reduced include protectinl! the structure or other
affected development from flood damages.
implementing the enforcement provisions of the
ordinance or otherwise deterring, future similar
violations. or reducing State or Federal financial
exposure with regard to the structure or other
development.
Riverine. Relatinl! to. formed by. or
resembling a river (includin~ tributaries). stream.
brook. etc.
Sheet (low area,
{loodill$[.
See Area of shallow
.Special flood hawrd (/fro (.\FIlAJ. An area
~2pcci;t1 llo<!,~.L_~!I.!d 5hol':!L"<'l.IUltc FmM as
/'<IIIC ^ A I.{\ III AI': 1\')') (\11
..--.-.--...-.-...---- .-...--.....--.... .".
FLOOD Dt\Mt\GI: I'REvU\!TION
(
Start 0/ cOllstructiOIl (illeludes suus{(Illtial
ill/provell/cllt), The date the build ing permit
\Va:; issued, provided the actual start of
construction, repair, reconstruction, placement,
or other improvement was within one hundred
eighty (180) days of the permit date. The
actual start means either the first placement of
permanent construction of a structure on a site,
such as the pouring of slab or footings, the
installation of piles, the 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
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 part of the
main structure.
Structure. A walled and roofed building, that
is principally aboveground and affixed to a
permanent site, as well as a mobile home on ~
foundation. The term includes a building while
in the course 0 f construction, alteration or
repair but does not include building materials or
suppties intended for use in construction,
alteration or repair, unless such materials or
supplies are within an enclosed building on the
premises. The words "building" and "structure"
shall have the same meaning for the purposes
of this chapter.
Substantial damaf!e. Damage of 'any Ortgln
sustained by a structure whereby' the cost of
restoring the structure to its before damaged
condition would equal or exceed 50 Ilercent of
the armraised value of the structure before the
damal!e occurred.
.\"II/).\"((/[/(io/ 'ill/provemen(, Any repair,
n:construetioll, or improvement of a structure,
the cost of which cquals or exceeds fifty (50)
pereellt of the IIlllt~(cl ~l!praiscd valllc of the
slr"ctlll\; either llcl<lre (hc iIlIPfOVCIIICII{ Of"
'CI':III' I'; :;larlcd. or ii' lhe Slruclun; 11:1> IIcclI
.1:11'1:11',('.1 :1I1l1 I': IICII\I'. "':SIII...:d, 'I<:!'"...: Ihe
, ". ',., PI
damage occulTc:d, for the purpose 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 tenn does not, however, include
either 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 ensure safe living conditions,
or any alteration of a structure listed on the
National Register of Historic Places or a state
inventory of historic places.
Variance. A grant of relief from the
requirements of this chapter which permits
construction in a manner that would otherwise be
prohibited by this chapter.
Violation. The failure of a structure or other
development to' be fully compliant with this
ordinance. A structure or other, development
without the elevation certificate. other
certifications. or other evidence of compliance
required in this ordinance is presumed to be in
violation until sueh time as that documentation is
provided.
Water surface elevation. The heil?:ht. in
relation to the National Geodetic Vertical Datum
(NGVD) of 1929. (or other datum. where
specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or
nvenne areas.
Watercourse. A lake. river, creek. stream.
wash. arroyo. channel or other topographic
feature on or over which waters flow at least
Ileriodically. Watercourse includes specifically
designated areas in which substantial flood
damage may occur.
Sec. 8-2. Statcmcnt of purposc and olJjcetivcs.
The purpose and objectives of lhis chapter are
to proll1ote lite public health. safely, and general
welfarc. alld 10 l\1illill1izc public and private
losscs dllC (0 llood eOlldi{I()II~ ill specific arc<ts by
1""VISIl"IS dC:;l\:Il<."d:
FLOOD DAMAGE PREVENTION
(I)
To protect human life and health;
(2)
To mll1tnu'Zc
money for
projects;
expenditure of public
costly flood-control
(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 areas of special flood
hazard;
(6) To help maintain a stable tax base by
providing for the second use and
development of areas of special flood
hazard so as to minimize future flood
blight areas;
(7) To ensure that potential buyers are
notified that property is in an area of
special flood hazard; and,
(8) To ensure that those who occupy the
areas of special flood hazard assume
responsibility for their actions.
See. 8-3. Methods of reducing flood losses.
[n order to accomplish its purpose and
objectives, this chapter includes :methods and
provisions for:
(I) Restricting or prohibiting uses which
are dangerous to health, safety, and
property duc to water or erosion
hazards. or which rcsull in damaging
increases in erosion or in nood hcighls
or vclocities:
(7.)
l{eq\lirillJ: 111:11 \lses vulllCl'ahlc ((I
11(1(1d~;. illcllldilll'. I'acilillcs Wllicll servc
:;1((:11 \1-';':':. 1)(: I't'lllcclt:d :"',:IIIISI 11(1(ld
(....l... ..1 I',., ."" '11'111
damage at the lime of initial
construction;
(3) Controlling the alteration of natural
floodplains, stream channels, and natural
protective barriers, which help
accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging,
and other development which may
increase flood damage; and,
(5) Preventing or regulating the construction
of flood barriers which will unnaturally
divert floodwaters or which may increase
flood hazards in other areas.
See. 8.4. Lands to whieh this chapter applies.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the city.
Sec. 8-5. Basis for establishing areas of special
flood hazard.
The areas of special flood hazard identified by
the Federal [nsurance e.dministrat{}r
Administration (HA) of the Federal Emergency
Management Agency (FEMA) in Q scientific and
engineering report entitled "The Flood [nsurance
Study (HA) for the City of Wint-cr Springs,
Flenda, ct. dated Mareh 16, 1981 April 17. 1995
with and accompanying flood boundary and
flood way map and flood insurance rate map and
all subSeQuent amendments and/or "revisions are
hereby adopted by reference and declared to be a
part of this chapter. .The flood insurance study
and attendant mapping is the minimum area of
applicability and may be supplemented by studies
for other areas ,which allow implementation of
this chapter and which are recommended to the
City by the Floodplain Administrator. The study
rlRMS and f-SFMs are is on file at the city hall,
1126 East Stale: Road 434. Winter Springs,
Florida, )2708.
Sec. H-G. ^"rol::llioll :lud ~(ealer
rcslric(ious,
TillS C":lpIC( 1\ 11111 Il1lclll~c'd III (cpc:d. a[,rol:alc.
fl' 111111;111 ;111\" C".'llll!', (,,:.:-,1:111(:11(';. C<I\'CI1:1f1lS Of
I,
fLOOD DAMAGE PREvENTION
deed restrictions. However. where this chapter
and another ordinance, easement. covenant, or
deed rest,iction conflict or overlap. whichever
imposes the more st,ingent rest,ictions shall
prevail.
Sec.8-7. Interpretation.
(n the interpre'tation and application of this
chapter, all provisions shall be:
(I)
Considered
requirements;
as
m10lmum
(2), Liberally construed 10 favor of the
governing body; and
(3)
Deemed neither to limit nor repeal
any other powers granted under state
statutes.
Sec. 8-8. Warning regarding area of special
flood hazard designations.
The degree of flood protection required by
this chapter 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 manmade or
natural causes. This chapter 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
chapter shall not create liability on the part of
the City. any officer or employee thereof. the
State of Florida. the Federal Insurance
Administration. or the Federal Emergency
Management Agency. for any flood damal!es
that result from reliance on this Ordinance or
any administrative decision lawFully made
hereunder. (n addition. nothinl! herein shall be
deemed as a waiver of the City's right to
sovereIgn immunity under State and Federal
law,
Sce. H-<J. l'cll:t1tics fill' lI(llICOlll(lli:wcc.
Nil structure or 1;111<1 shall herea/"tcr he
ClllIStl'UClc<l. IlIc;lle<l. eXlclldcd, cUl\verted. ur
;011':1'<:<1 \VIlllllIll 1'1111 ClIllIl'li;IlICC wilh tltc (cnl\s
j', .
" Ii H j
11"0
of this chapter, failure to comply with any of its
requirements (including violations of conditions
and safeguards established in connection with
grants of variances) shall constitute a
misdemeanor. Any person who violates this
chapter or Fails to comply with any of its
requirements shall upon conviction thereof be
fined not more than five hundred. dollars
($500.00) or imprisoned For not more than ninety
(90) days, or both. for each violation, 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 from
taking such other lawful action as is necessary to
prevent or remedy any violation.
Sees. 8-10-8-30. Reserved.
ARTICLE (L ADMINISTRATION
Sec.8-31. Designation of the floodplain
da.mage control administrator.
The city manager is hereby appointed the
floodplain damage control administrator to
administer and implement this chapter. The city
manager may delegate the responsibilities for the
individual tasks contained herein.
See. 8-32. Duties and responsibilities of the
floodplain damage eentrol
administrator.
Duties of the floodplain damage control
administrator shall include, but not be limited. to:
(I) Permit review. Review all development
pcnnits 10 detenninc that:
a. Re..,iew all ~ons f{)r
d~ment pel1ntts-te-detenninc that
The requirements of this chapter have
bcen satisfied.
lJ, Ik"Vi cw---{lll----i.t llflli 00 {-ions f 0 f
d L~Ollll let It-vef-flli 1s-t()--(!ctC(.minc
tlllll ,~II lIeeCSSJry permits have uccn
UI'(JIIICU ("1'011I those (ederal. slate or
1\1(;.1 j',(IVCrlllllCII(JI agCllcies ("rolll
\\'111\:1 pl'l<l1 ;IP;';\I\,;t!,S l'equll'cd,
FLOOD DAMAGE PREVENTION
~ The site is reasonablv safe from
flooding. and
d. The proposed development does not
adversely affect the flood-carrving
capacity and/or' flood-storage
capaci.ty of the areas of special flood
hazard. For the purposes of this
article, "adversely affect" means
damage to adiacent properties.
because of rises in flood stages
attributed to physical changes of the
channel and the adiacent overbank
areas. Without limiting the
foregoing, a development IS
presumed to adversely affect the
flood-carrying and flood-storage
capacities of the flood plain if it
proposes or requires the filling of
land in an area of special flood
hazard without simultaneously
providing additional flood-carrving
and flood-storage capacities to
compensate for that capacity which
is lost because of such filling.
(2) Interpretation of FIRM boundaries.
Make interpretations where needed, as to
the exact location of the boundaries of
the areas of special flood hazards (for
. example, where there appears to be a
conflict between a mapped boundary and
actual field conditions). Any person
contesting the location of the boundary
shall be given a reasonable opportunity
to appeal the interpretation as provided in
section 8-34..
(3) Use of other base flood data. To
supplement the base flood elevation data
provided in accordance with section 8-5,
the floodplain daO\oge---eoAtr-e1
administrator shall obtain, review, and
reasonably utilizc any base flood
e1evatiol\ and flood way dala available
frolll a federal, slale or olhcr source (U.S.
^rrllY Corps of r:.,,:il1cers, U.S.
(icol<lJ:ieal Survey, {1.S. Soil
(:(II1:;crv;\liol\ Service. st;tlc w;tler
11l:tILl)'.':llIC(l1 (1,;:11'1<:1::. cl.-\'<:IOP"I<:ll1 pl;IIIS
1'".;... . . I.
'/"1"
for more than fifty (50) lots or five (5)
acres as criteria for requiring that new
construction, substantial improvements. or
other development in Zone A meet the
requirements of section 8-52(1), specific
standards, residential construction, and
section 8-52(2).
(4)
Issuance of permit and record keeping.
After ascertaining that all requirements of
this chapter have been met, the floodplain
damage control administrator may issue
the development permit After issuance of
the permit, the local administrator shall:
a. Acquire a flood elevation or
floodproofing certificate after the
lowest floor is completed. Within
twenty-one (21) calendar days of
establishment of the lowest floor
elevation . or floodproofing by
whatever construction means, it shall
be the duty of the permit holder to
submit to the city manager a
certification of the elevation of the
lowest . floor or floodproofed
elevation, as built, in relation to mean
sea level. Such certification shall be
prepared by or under the direct
supervision of a registered land
surveyor or professional engineer and
certified by same. When
floodproofing is utilized for a
particular building, such certification
shall be prepared by or under the
direct supervision of a professional
engineer or architect and certified by
same. Any work done within the
twenty.one-day calendar period and
prior 10 submission of the certi fication
shall be at the permit holder's risk.
The city manager or designated
subordinate shall review the flood
cleva lion survey data. submitted.
Oeliclencies delecled by such review
sha II he correcled uy the permit
holder imllledlJlely ;lnd prior to
further progres~lvc work being
pcrllllllcd 10 l"<lcccd. ':ailurc 10
sulllllll i1lc Sll'.\'CV <II' l:tdllrc (0 111;lk<.:
':\11:1, ':II...n:IIII:I'o 1<:'1<111,:<1 11I:,..:hy.
FLOOD DAMAGE PREVENTION
i
l.
shall be cause to issue a stop work
order for the project. ~e-A
only, the precedin;; certification is
I;ot required c;;,cept in those
tfts.ta.ftces in which base flood
elevation data are used from sources
supplemeAtary to section 8 5.
b. Maintain for public inspection all
records pertaining to the provisions
of this chapter.
(5) Control of alteration of watercourses.
The local administrator shall:
a. Notify adjacent communities, the St
Johns River Water Management
District, and the state department of
community affairs prior to any
alteration or relocation of a
watercourse, and submit evidence of
such notification to the Federal
Insurance Administration.
b. Require that maintenance tS
provided within the altered or
relocated portion of such
watercourse so that the flood
canyingcapacity is not diminished.
(6) Take remedial action on any violations of
this chapter.
Sec. 8-33. Development permit
(a) Establishment of permit. A
development permit shall be obtained before
construction or development begins within any
area of special flood hazard established in
section 8-5.
(I)
New developments. When new
development proposals include lands
designated as areas of special flood
hazard, the aforementioned
development permit shall not be
issued until all applicable
rcquiremel11s of Chapter <) of this
Code h;lve heen fulfilled.
Specifically, tlte proccdures outlined
III sceliClfl <J.IOI{a)(7..) shall bc
l'eqllln:d. I" ;l(ldiliol1. llle provisiol1s
III' ';<:<:11<111 C).f.tll wl1l(:II c.~ce<:c1 lhe
.....1... ..1 '".
'11'111
provisions of this chapter, shall apply
and be prerequisites to issuance of the
development pennit.
(2) Construction in existing developments.
Already developed lands within or
including areas of special flood hazard
in this city for which building permits
are requested shall be subject to the
provisions of this chapter, as shaUlands
described in (a) above. After land
development is completed no
construction of any nature, neither
buildings, nor site preparation, nor
. -modification of existing roads, utilities,
drainage systems or other nonstructural
improvements shall be allowed within
areas of special flood hazard until the
development permit herein required has
been issued.
(b) Application for permit Application for a
development permit shall be made on forms
furnished by the floodplain damage control
administrator and may include, but not be limited
to,. plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevations of
the area in question; existing or proposeq
structures, fill, storage of materials, drainage
facilities, and the location of the foregoing.
Specifically, the following information is
required with application for the development
permit:
(I)
Elevation in relation to mean sea.level of
the proposed lowest floor (including
basement) of all structures.
(2) Elevation in relation 10 mean sea level to
which any nonresidential structure will
be floodproofed.
(3) Certi fica lion from a registered
professional engineer or architect that the
nonresidenlial noodproofed structure
IIlccls the Iloodprooling criteria In
scclioll S.52(2).
(tl) l>Csenpl""1 "rlllc ulClI1 ((J wlllcll allY
\\,:tlcre(I\:: ": willllc .t1lcn:d or n:I"c;llcd
;1',:1 1~"~lJl: ,t! I'f(lllI",:'d devcl<111I11CIlI.
"
FLOOD D!\M^G[ I'lU::VENTION
Sec. 8-34. Variance [lroceclllre.
(a) AppeaL board.
(l) The city commission as eSlablished by
the city shall hear and decide appeals and
requests for variance from the
requirements of this chapter.
(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 floodplain
damage oontrol administrator in the
enforcement or administration of this
chapter.
(3) Those aggrieved by the decision of the
city commission or any taxpayer, may
appeal such decision to the circuit court.
(b) Conditions under which variances may
be granted.
(I) In passing upon such application, the
city commission, shall consider all
teclmical . evaluations, all relevant
factors, standards specified in other
sections of this chapter, and, the danger
that material may be swept onto other
lands to the injury of others; the danger
to life and property due to flooding or
erosion damage; the susceptibility of
the proposed facility and its contents to
flood damage and the effect of such
damage on the individual owner; the
importance of the services provided by
the proposcd facility to the. community;
the nccessity to the facilily of a
watcrfront location, where applicable;
the compatibility of the proposed use
with existing and anlicipated
developmcnt; the relationship or the
proposed llse to the eOlllprehcnsive
plall and Ooodpla ill llIallagemclIl
program or thal arca: lllc availalJility of
;dlernalivc localions 1101 subjecl to
flooding or crosioll dalll;'1:c fill' lhc
proposed \I:;e: ;llId the s;i!'cly II" ;ICeeSS
""'1'" ..1 I', ",," 'Ill/II
~~)
to the pioperty in times of flood for
ordinary wd emergcncy vehicles.
(2) Variances may bc issued for the
reconstruction, rehabilitation or
restoration of structures listed on the
national register of historic places or the
slate invcnlory of historic places without
regard to the procedures set forth in the
remainder of this section.
(3) Variances shall only be issued upon a
determination that the variance is the
minimum necessary, considering the
.Opod hazard, to afford relief.
(4) Variances shall not be issued within any
mapped regulatory floodwav. .
t41ill Variances shall only be issued upon a
showing of gOQd and sufficient cause; a
determination thaI iailure to grant the
variance would result in exceptional
hardship to the applicant; and a
determination that the granting of a
variance will not result in increased flood
heights, additional threats to public
safety, or extraordinary public expense;
create nuisances; cause fraud on or
victimization of the public, as identified
in (b )(1) above; or conflict with the local
government comprehensive plan or with
other existing local laws or ordinances.
~ Any applicant to whom a' variance is
granted shall be given written notice that
the structure will be permitted to be built
with a specific, reduced lowest floor
elevation and that the cost of flood
insurance will be commensurate with the
incrcased risk rcsulting from the reduced
lowest floor clevalion.
(4)0 The cily commission may attach such
conditions lo lhc granting or any
variance ~s il decl1ls Ilecessary lo rurthcr
lhc (lUqlOscS 0 r lhis chapler.
(~J__.lJ~C_J.J:.'~ ~dp.1.li!!__ _c'~~L~'l~lislr;lt(lr will
1 ~~:II!'~;.t_I!~..~ .'ct.:,<_I.t'.(lC!! ...!.I. ~.;!~'.;I..'!'<;~ aCI~(~~
111<:1,,<1111',' '"';111'1<:;11:"" I~II 11,,:11' .1.SII;IIIC.~.
FLOOD DAMAGE PREVENTION
(
and rcport such variances issued to the
Federal Insurance Administration.
Fcderal EmerQency ManaQement
Agency.
Sees. 8-35-8-50. Reserved.
ARTrCLE [[I. STANDARDS
Sec. 8-51. General standards.
[n all areas of special flood hazards the
following standards are required:
(/) Anchoring:
a. All new construction and substantial
improvements shall be anchored to
prevent flotation, collapse, or lateral
movement 0 f the structure.
b. All manufactured homes shall be
installed usmg methods and
practices which mInImIze flood
damage. For the purposes of this
requirement, manufactured homes
must be elevated above the base
flood level and anchored to the
elevated foundation, to resist
flotation, collapse or lateral
movement. Methods of anchoring
may include, but are not limited to,
use of over-the-top or frame ties to
ground anchors. This requirement
is in addition to applicable state and
local anchoring requirements for
resisting wind. forces.
Manufacturcd homes manufactured
after June 15, 1916, with provisions
for installation of anchoring
systcms, including inslructions, in
accordance with Fcderal Mobile
Homc Construction and Safely
Slandards, scction 280.)OG, shall be
insla lied in accordallcc with thc
manu faClurc('s inslructions.
Malluraelurcd hont<.:s 1101 providcd
willt ~;II<;It IlISla11a11<1I1 illslrllclions.
(II. 11I;lllllhcllln:d IHIIIICS nol
I""""lc:.! \\'1111 1l1~;I"'";I""I'; (or tllC
",. 'I'" " ,I I'. ,.,." 'III H I
hurricane z.one, shall comply with the
Stale of Florida Department of
[-{ighway Safely and Motor Vehicles,
Burcau of Mobile Home
Construction. Any additions to the
manufactured home must be similarly
anchored.
(2) Construction materials and methods:
a. All new construction and substantial
improvements shall be constructed
with materials and utility equipment
resistant to flood damage.
b. All new construction and substantial
improvements shall be constructed
using methods and p.ractices that
minimiz.e flood damage.
(3) Utilities:
a. All new and replacement water
supply systems shall be designed to
minimize or eliminate infiltration of
floodwaters into the system.
b. New and replacement sanitary
sewage systems shall be designed to
minimize or eliminate infiltration of
floodwaters into the systems and
discharge from the systems into
floodwaters.
c. On-site waste disposal systems
shall be located to avoid impairment
to them or contamination from them
during flooding.
(4) Subdivision proposals:
a. All subdivision or other land
development proposals shall be
consistent with the needs to
minimize Oood damage.
b. All such proposals shall have
public utilities and facilities such
as ~cwer, gas. electrical, and water
systelllS localcd and constructed to
111111111li'l.e llood damage.
c. All such prupusals shall have
;llkqu;lle dr;llll;IJ;C pro vidcd lo
"l";\I~C C.\pOSlll~ 1<0 Ilood d;JII1;,!~C.
II
FLOOD DAivli\GE PI:'[VI:NTION
d. Bn~ Oood c!c"atiofl-doto silo-if
he provided for sub~eH
l*B~osols QFH:l-etheF-i}~
Elevclopmeftt:s which contain at
least fifty (50) lots or five (5)
acres (whichever is less). All
preliminary subdivision
proposals shall identify the flood
hazards area and the elevation of
the base flood.
e. All subdivision olans will
include the elevation of proposed
structure(s) and pad(s). If the
site is filled above the base flood
elevation, the lowest floor and
pad elevations shall be certified
by a registered professional
engineer or surveyor and
provided to the Floodplain
Administrator.
e-f. All requirements of Chapter 9 of
this Code which exceed the
above criteria shall apply.
with walls substancially impem1eablc Co
the passage of water.
b. Have structural components capable of
resisting hydrostatic and hydrOdynamic
loads and effects of buoyancy.
c. Be certified by a registered
professional engineer or architect, who
shall develop and/or review structural
design, specifications, arid plans for the
construction, and shall certify that the
design and methods of construction are
in accordance with accepted standards
of practice for meeting the applicable
provisions of this chapter. Such
. . certificates, which include the specific
elevation (in relation to mean sea level)
to which such st:r:uctures are
floodproofed, shall be maintained by
the local administrator as set forth in
section 8-32(4)a.
(3) Mobile hOl/les:
;1 lie IlclClCll'r(lokd so 1";11 I,clow 1111:
1,:1';" IICl<ld II". strllell"",: "; \\':111:1111'.111
a. Mobile homes shall be anchored in
accordance with section 8-51(I)b.
b. For new mobile home parks and
mobile home subdivisions, for
expansions to existing mobile home
parks and mobile home subdivisions,
for existing mobile home parks and
mobile home subdivisions where the
repair, reconslruction or improvement
of the streets, utilities and pads equals
or exceeds fifty (50) percent of the
value of the streets, utilities and pads
before the repair, reconstruction or
improvement has commenced, and
for mobile homes not placed in a
mobile home park or mobile home
subdivision, it is required that:
I. Stands or lots are elevated on
compacted fill or on pilings so
lllat the lowest floor of thc
mobile home will be al or above
thc base flood level;
2. ^dcquate surface drainage and
access ror a hauler are provided;
;ltId
.\. 1,1 lhc iIlSI:IlICC o( clcv;JliOII 011
1"llll!:S. ''':11 101\ ;Ire 1;1f1:C CIIOlll:11
:', 11':1"":: Slcp', 1"11111'.
Sec. 8-52. Specific standards.
In all areas of special flood hazards where
base floQd elevation data have been provided as
set forth in section 8-5 or in section 8-32 the
following standards are required:
( I ) Residential construction: New
construction and substantial
improvement of any residential
structure shall have the lowest floor,
including basement, elevated ~ ll.
inches above base flood elevation.
(2) Nonresidential construction: New
construction and substantial
improvement of any commcrcial,
industrial or other nonresidcntial
structure shall cithcr have the lowest
Iloor, including basement, c1cvated to
I X inches above lhe level or lhe base
l100d elevation or, logcther with
allendallt utility and sanitary facilities,
sh;d I:
",..:,.. . : ", I.... '111111
I'
j:LOOD D!\M^G[ \'ltEV[NTION
(
foundations <lre placed in stable
soil no more than ten (10) feet
apart, and reinforcement IS
provided for pilings more than
six. (6) feet above the ground
level.
c. No mobile home shall be placed in a
regulatory flood way or coastal high
hazard area, except in an existing
mobile home park or an existing
mobile home subdivision.
(4)
Enclosed areas below a structures lowest
floor: For all new construction and
substantial improvements, fully enclosed
areas below the lowest floor that are
subject to flooding shall be designed to
automatically equalize hydrostatic flood
forces on exterior walls by allowing for
the entry and exit of floodwaters.
Designs for meeting this requirement
must either be certified by a registered
professional engineer or architect or must
meet or exceed the following minimum
criteria: A minimum of two (2) openings
having a total net area of not less than
one (I) square inch for every square foot
of enclosed area subject to flooding shall
be provided. The bottom of all openings
shall be no higher than one (I) foot above
grade. Openings may be equipped with
screens, louvers, or other coverings or
devices provided that they permit the
automatic entry and exit of floodwaters.
(
(5)
Mechanical and utili~y equipment: New
installation and substantial improvement
of any electrical, healing, ventilation,
plumbing, and air~conditioning
equipment and other service facilities
shall be elcvated above the base flood
elcvation or dcsigncd so as 10 prevenl
watcr Crolll enlering or aecumulaling
wilhin the equipment cOlllponcnls during
conditions or Ilooding.
See. 11-53. Slandards ror areas or shallow
lloudi'lf: (^() ".Oll<:.'.;}.
1.(I<:;llcd wllllIlI lilt: ;11"<:;1:: lO" SPCCI;t! (Iood
11:1'/;11'" ,:';l;tltll,:II<;<I III :;"C:11I1II ~.') :1It: ;II'C;IS
""'1'" .,' I',
'llll..
designated as shallow flooding. These areas
ha vc special flood hazards associated with base
flood depths or one (l) to three (3) feet where a
clearly defined channel does not exist and where
the path of 1100ding is unpredictable and
indeterminate; therefore, the following provisions
apply:
(I) All new construction and substantial
improvements of residential structures
shall have the lowest floor, including
basement, elevated to the depth number
specified on the flood insurance 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 tv.a (2) three 0) feet
above the highest adjacent grade.
(2) All new construction and substantial
improvements of nonresidential structures
shall:
a. Have the lowest floor, including
basement, elevated to the depth
number specified on the flood
insurance rate map, in feet, above the
highest adjacent grade (if no depth
number is specified, the lowest floor,
including basement, shall be elevated
at least two (2) three (3) feet above
the highest adjacent grade) or,
b. Together with attendant utility and
sanitary facililies, be completely
floodproofed to or above that level so
that any space below that level is
watertight with walls substantially
impermeable to (he passage of water
and with structural components
having the capability of resisting
hydrostatic and hydrodynamic loads
alld cfrccts of buoyancy.
Sce.8-54. Stalldards for small strcallls.
Localcd wilhill lllc ;tre:Js of special Oood hazard
eSlablislted ill scclioll 8.5. where sm<lll slreams
exist hut wltere IIU Itase flood data have hecn
I"'ovided or ".'II':IC "0 ll"odways have lice"
providcd. II.e !',dl.l\\'illl'. 1"(1'., ,lIllI" ;Ipply:
1\
FLOOD DAMAGE PREVENTION
('
( I )
No encroachments, including fill
material or Slrllclures shall be located
within a distance of the stream bank
equal to five (5) times the width of
the stream at the top of bank or
lwenly (20) feet on 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.
\!ovemmental a!!ency from performing
maintenance or flood conlro(
improvements in the flood way to
maintain the viability of the floodway.
See. 8 56. SO:tH:H:kHH~5-n-H4-flw.ngro'le stands-,.
=Fflere shall be no alteration of sand duncs Of
mangrovc stands which '.."ould incrco.so
potential flood damage.
(2) New construction or substantial
improvements of structures shall be
elevated or floodproofed in
accordance with elevations
established in accordance with section
8-32(3).
Sec. 8-55. Standards for regulatory
tloodways.
.
"
When floodways are designated within areas
of special flood hazard, additional criteria will
be met Since the floodway is an extremely
hazardous area due to the velocity of
floodwaters which carry debris, potential
projectiles, and erosion potential, the
following provisions shall apply:
( ( ) Encroachments are prohibited,
including fill, new construction,
substantial improvements and other
de velo p men ts ltA~ ess-eer-ttftootieR-by-a
13r-of:essi 0 A Q~--C-e&o.ister-ed-eAg.ffleef-6f
Q I'c-h i teet--t5-1lC:OY-i d ed-demeAStr-ffitng
t~\Qt-el\ 0r-oo 01 \ !llen ts-shQ~t-n6K-esu-H-ifl
O!l y-i I \ er-eu Se-1 n-f-l aocl-levels-d l:I RAg
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clisehurgc.
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Recommended Change to the Land
Development Code
Sec. 9-241 Stormwater Management
(c) The drainage system for each subdivision
shall include a sufficient facility to remove
stormwater without flooding any lot in the
proposed subdivision or in the surrounding
territory. All residential floor elevations shall
be a minimum of on and one half (1 1/2) feet
abo'/e the hundred yea-r flood stage elevated to a
minimum of 18 inches above base flood elevation,
All non-residential finished floor elevation
shall be elevated to a minimum of 18 inches
aboye the base flood elevation unless flood proofed
in accordance with Sec. 8-52(2) of the Flood Damage
Prevention Code.
ATTACHMENT B
NOTICE OF PROPOSED CHANGES TO CHAPTER 8,
ARTICLES I, nAND m AND SECTION 9-241
~TERSPmNGSCODEOFORDmANCES
NOTICE IS HEREBY GIVEN 1HA T THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
WILL HOLD A PUBLIC HEARING FOR SECOND READING OF PROPOSED ORDINANCE 2001-04
TO CONSIDER AMENDING CHAPTER 8, ARTICLES I, IT AND ill AND SECTION 9-241 OF THE
CITY CODE RELATED TO FLOOD DAMAGE PREVENTION AND STORMW ATER MANAGEMENT.
A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD ON JANUARY 22, 2001
AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL.
ORDmANCE NO. 2001-04
AN ORDmANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA AMENDmG THE CITY OF
WINTER SPRmGS CODE OF ORDmANCES, CHAPTER 8 AND
SECTION 9-241 DEALING WITH FLOOD DAMAGE
PREVENTION AND STORMW A TER MANAGEMENT, LAND
DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF
PRIOR mCONSISTENT ORDmANCES AND RESOLUTIONS;
PROVIDlNG FOR mCORPORA TION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS IN CITY
HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS
MAY ATIEND AND BE HEARD.
ADDmONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS,
FLORIDA. FOR MORE INFORMATION CALL 327-1800 #227.
PERSONS WITH DISABll...ITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE
PROCEEDINGS SHOULD CONTACf THE EMPLOYEE RELATIONS DEPARTMENT
COORDINATOR 48 HOURS IN ADVANCE OFTHE.MEETING AT (407) 327-1800.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR
RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATIER
CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND,
FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED.
ANDREA LORENZO-LUACES
CITY CLERK