HomeMy WebLinkAboutOrdinance 245 Special Flood Hazard
ORDINANCE NO. 245
AN ORDlNANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
REGULATING CONSTRUCTION IN AREAS OF SPECIAL FLOOD HAZARD
AS REQUIRED BY THE FEDERAL EMEREGENCY MANAGEMENT AGENCY TO
MAKE AVAILABLE FLOOD INSURANCE TO CITIZENS OF WINTER SPRINGS;
CONFLICTS; EFFlCTIVE DATE.
WHEREAS, the Legislature of the State of Florida has in Chapter
163, Florida Statutes, delegated the responsibility to each local govern-
mental unit to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry; and
WHEREAS, the flood hazard areas of Winter Springs, Florida, 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 im-
pairment of the tax base, all of which adversely affect the public health,
safety and general welfare; and
WHEREAS, these flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which increase flood heights
and velocities, and when inadequately anchored, damage uses in other areas;
and uses that are inadequately flood-proofed or elevated, or otherwise unpro-
tected from flood damage, contribute, also, to the flood loss.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER
SPRINGS, FLORIDA, HEREBY ORDAINS :
SECTION I - That a Chapter 19 of the Code of Ordinances of Winter
Springs, Florida, is hereby created to read as follows:
CHAPTER 19
Flood Damage Prevention
ARTICLE I. IN GENERAL
Section 19-1. Statement of Purpose and Objectives.
The purpose and objectives of this ordinance are 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:
(1) To protect human life and health;
(2) To minimize a expenditure of public money for costly flood
control projects;
(3) To minimize the need for rescue and relief efforts associa-
ted 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 bridge 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 furture flood blight areas;
(7) To insure that potential buyers are notified that
property is in an area of special floord hazard; and,
(8) To insure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
Section 19-2 Methods of Reducing Flood Losses.
In order to accomplish its purpose and objectives, this ordinance
includes methods and provisions for :
(1) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion
hazards, or which result in damagiag increases in erosion
or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facili-
ties which serve such uses, be protected against flood
damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, streams
channels, and natural flood barriers, which help
accomodate or channel flood waters;
(4) Controlling fillng, grading, dredging, .nd other development
which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may in-
crease flood hazards in other areas.
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Section 19-3 Definitions.
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they have in
common usage and to give this ordinance its most reasonsable application.
(1) Administrator: The Federal insurance Administrator, to
whom the Director of the Federal Emergency Management
Agency has designated the administration of the National
Flood Insurance Program.
(2) Appeal: A request for a review of the flood Damage Control
Administrator's interpretation of any provision of this
ordinance or a request for a variance.
(3) Area of Shallow flooding: A designated AO,AH, or VO
Zone on the Flood Insurance Rate Map (FIRM) the base
flood depths range from one to three feet; a clearly de-
fined channel does not exist; the path of flooding is
unpredictable and indeterminate; and, velocity flow may
be evident.
(4) Area of Special Flood HazardA: The land in the flood plain
within a community subject to a one percent or greater
chance of flooding in any one given year.
(5) Base Flood: the flood having a one percent chance of being
equalled or exceeded in any given year.
(6) Base Flood Elevation: The crest elevation in relation to
mean seal level (MSL) (using National Geodetic Vertical Datum)
expected to be reached during a flood which encompasses the
regulatory flood plain.
(7) Development: Any man-made change to improve or unimprove
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.
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(8) Existing Mobile Home Park or Mobile Home Subdivision: A
parcel (or contiguous parcels) of land divided into two or
more mobile home lots for rent or sale for which the construc-
tion of facilities for servicing the lot on which the mobile
homes are to be affixed (including the installation of utili-
ties, either final site grading or pouring of concrete or
the construction of streets) is completed before the effective
date of this ordinance.
(9) Expansion to an Existing Mobile Home Park or Mobile Home Sub-
division: The preparation of additional sites by the
construction of facilities for servicing the lots on which the
mobile homes are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete
pads, or the construction of streets).
(10) Flood or Flooding: A general and temporary condition of
partial or complete inundation of normally dry land areas from:
(a) the overflow of inland or tidal waters and/or
(b) the unusual and rapid accumulation or runoff of
surface waters from any source.
(11) Flood Boundary and Floodway Map: The official map on which
the Administrator has delineated both the Flood Boundaries
and the Regulatory Floodway.
(12) Flood Damage Control Administrator: The officer of the City of
Winter Springs responsible for the execution of this ordinance
and the delegation of responsibilities for the individual tasks
contained herein.
(13) Flood Elevation Determination: A determination by the Ad-
ministrator 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.
(14) Flood Insurance Rate Map (FIRM) : An official map of a
community, on which the Administrator has delineated
both the special areas and the risk premium zones appli-
cable to the community
(15) Flood lnsurance Study: An examination, evaluation and
determination of flood hazards and, if appropriate, an
examination, evalution and determination of mudslide
(i.e., mudflow) and/or flood-related erosion hazards.
(16) Flood Plain: Land which will be inundated by floods known
to have occurred or reasonably characteristic of what can
be expected to occur from the overflow of inland or tidal
waters and the accumulation of runoff of surface waters
from rainfall.
(17) Flood Plain Management Regulations: Any zoning ordinances,
land development ordinance, subdivision regulations, building
codes, health regulations, special purpose ordinances (such
as a flood plain management ordinance, grading ordinance and
erosion control ordinance), and other aplplications 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.
(18) Flood-Proofing: Structural changes or adjustments incorpora-
ted 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 Floodway:
(19) Floodway Encroachment Line: the line marking the limits of
floodway maps on Federal, State and local flood plain maps.
(20) Highest Adjacent Grade: The highest natural elevation of the
ground surface, prior to construction, next to the proposed
walls of a structure.
(21) Lowest Habitable Floor (Including Basement):
Any floor usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage is not a "habitable floor."
(22) Mangrove Stand: An assemblage of mangrove trees which are
mostly low trees noted for a copious development of inter-
lacing adventitious roots above the ground and which contain
one or more of the following species: black mangrove (Avi-
cennia Nitida); red managrove (Rhiziphora Mangle); white
mangrove (Languncularia Racemosa); and buttonwood (Conocarpus
Erecta).
(23) Mean Seal Level (MSL): The average height of the sea for all
stages of the tide. It is used as a reference for estab-
lishing varying elevations within the flood plain. For
purposes of this ordinance, the term is synonymous with
National Geodetic Vertical Datum (NGVD).
(24) Mobile Home: A structure that is transportable in one or
more sections, built on a permanent chassis, and designed
to be used with or without a permanent foundation when
connected to the required utilities. It does not include
recreational vehicles or travel trailers.
(25) National Geodetic Vertical Datum (NGVD): As corrected in
1929, NGVD is a vertical control used as a reference for
establishing varying elevations within the flood plain.
(26) New Construction: Structures for which the "start of
construction" commenced on or aftere the effective date of
this ordinance.
(27) New Mobile Home Park or Mobile Hiome Subdivision: A parcel
(or contiguous parcels) or land divided into two or more
home lots for rent or sale for which the construction of
facilities for servicing the lots (including at a minimum,
the installation of utilities, either final site grading or
the pouring of concrete pads, and the construction of streets)
is completed on or after the effective date of this ordinance.
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(28) Regulatory Flood: For purpose of this ordinance
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 100 year flood.
(29) Regulatory Flood Elevation: The crest elevation
in relation to mean sea level expected to be
reached by the regulatory flood at any given point
in an area of special flood hazard.
( 30 ) Regulatory Floodway: The channel of a river or
other water course and the adjacent land areas
that must be reserved in order to discharge the
velocity waters of the regulatory flood.
(3l) Start of Construction: The first placement of
permanent construction of a structure (other
than a mobile home) on a site, such as the pouring
of slabs or footings or any work beyond the stage
of excavation. Permanent construction does not
include land preparation, such as clearing,
grading, and filling. For a structure (other
than a mobile home) without a basement or poured
footings, the "start of construction" includes
the first permanent framing or assembly of the
structure, or any part thereof, including its
piling or foundation. For mobile homes not within
a mobile home park or mobile home subdivision,
"start of construction" means the start of
installation of a pad or foundation which is
permanent in nature. For mobile homes within
mobile home parks or mobile home subdivisions,
"start of construction" is the date on which the
construction of facilities for servicing the site
on which the mobile home is to be affixed
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(including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete pads,
and installation of utilities) is completed.
(32) Structure: A walled and roofed building, that is princi-
pally above ground and affixed to a permanent site, as well
as a mobile home on foundation. The term includes a building
while in the course of construction, alteration or repair
but does not include building materials or supplies in-
tended 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 ordinance.
(33) Substantial Improvement: Any repair, reconstruction, or
improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure
either (a) before the improvement or repair is started, or
(b) if the structure has been damaged and is being restored,
before the damage occurred. For the purpose of this defini-
tion "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor or other structur-
al part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term
does not, however, include either (a) any project for improve-
ment of a structure to comply with existing State of local
health, sanitary, or safety code specifications which are
solely necessary to asssure safe living conditions, or (b)
any alteration of a stucture listed on the National Register
of Historic Places or a State Inventory of Historic Places.
(34) Variance: A grant of relief from the requirements of this
ordinance which permits construction in a manner that would
otherwise be prohibited by this ordinance.
Section 19-4 Lands to Which This Ordinance Applies.
This ordinance shall apply to all areas of special flood hazard
within the jurisdiction of Winter Springs, Florida.
Section 19-5 Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Insurance
Administrator in a scientific and engineering report entitled "The Flood Insurance
Study for the City of Winter Springs, Florida", dated March 16, 1981, with accom-
panying Flood boundary and Floodway Map and Flood Insurance Rate Map are hereby
adopted by reference and declared to be a part of this ordinance. The flood
Insurance Study is on file at Winter Springs City Hall, 400 North Edgemon Avenue
Winter Springs, Florida, 32708.
Section 19-6 Penalties for Noncompliance.
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this ordinance.
Failure to comply with any of its requirements (including violations of condi-
tions and safeguards established in connection with grants of variances) shall
constitute a misdemeanor. Any person who violates this ordinance or fails to
comply with any of its requirements shall upon conviction thereof be fined not
more than $500.00 or imprisoned for not more than 90 days, or both, for
each violation, and in additional 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 Winter Springs from taking
such other lawful action as is necessry to prevent or remedy any violation.
Section 19-7 Abrogation and Greater Restrictions.
This ordiance is not intended to repeal, abrogate, or impair any
existing easements, convenants or deed restrictions. However, where this ordiance
and other ordinance, easement, convenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restirct6ions shall prevail.
Section 19-8-Interpretation.
In the interpretation and application of this ordinance, 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.
Section 19-9. Warning Regarding "Area of Special Flood Hazard"
Designations.
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man~de or natural causes. This ordinance does
not u-ply that land outside the areas of special flood hazard or uses pemitted
within such areas will be free from flooding or flood damages.
ARTICLE II. Permitting Procedures
Section 19-10. Designation of the Flood Damage Control Administrator
The City Manager of Winter Springs, Florida, is hereby appointed the
Flood Damage Control Administrator to administer and Uaplement this ordinance.
(The City Manager may delegate the responsibilities for the individual tasks
contained herein.)
Section 19-11. 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 19-5.
(1) New Developments.
When new development proposals include lands designated as
areas of special flood hazard, the aforementioned Develop-
ment Permit shall not be issued until all applicable require-
ments of Ordinance 235 of the City of Winter Springs have been
fulfilled. Specifically, the procedures outlined in Article
III, Section 14-60, paragraph 1 of Ordinance 235 shall be
required. In addition, the provisions of Section 14-122, of
Ordinance 235, which exceed the provisions of this ordinance,
shall apply and be prerequisites to issuance of the Develop-
ment Permit.
(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
ordinance, as shall lands described in Paragraph A above
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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 Flood Deaage 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 proposed structures, fill, storage
of materials, drainage facilities, and the location of the foregoing.
Specifically, the following information is required with applica-
tion for the Development Permit:
(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) Certification from a registered professional engineer or
architect that the non-residential flood-proofed structure
meets the flood-proofing criteria in Section 19-15, B.
(4) Description of the extent 00 which any watercourse will be
altered or relocated as a result of proposed development.
Section 19.12. Duties and Responsibilities of the Flood Damage Control
Administrator.
Duties of the Flood Damage Control Administrator shall include, but
not be limited to:
A. Permit Review
(1) Review all applications for development permits to
determine that the requirements of this ordinance have
been satisfied.
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(2) Review all applications for development permits to determine
that all necessary permits have been obtained from those
Federal, State or local governmental agencies from which
prior approval is required.
B. 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 19-13.
C. Use of, Other Base Flood Data
When base flood elevation data have not been provided in accordance
with Sec. 19-5, Basis for Establishing the Areas of Special Flood
Hazard, the Flood Damage Control Administrator shall obtain, review,
and reasonably utilize any base flood elevation data available from
a Federal, State or other source (U.S. Army Corps of Engineers,
U.S. Geological Survey, U.S. Soil Conservation Service, State
Water Management Districts), in order to administer Sections19-15,A,
Specific Standards, Residential Construction, and Sec. 19-15,B,
Specific Standards, Non-residential Construction.
D. Issuance of Permit and Record Keeping.
After ascertaining that all requirements of this ordinance have
been met, the Flood Damage Control Administrator may issue the
Development Permit. After issuance of the permit, the local Ad-
ministrator shall:
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(1) Acquire a flood elevation or floodproofing certifi-
cate after the lowest floor is completed. Within twenty-
one 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. Said 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, said certification shall be pre-
pared 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 to submission of the certification shall be at the
permit holder's risk. The City Manager or designatd sub-
ordinate shall review the flood elevation survey data sub-
mitted. 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 survey or failure to make said corrections
required hereby, shall be cause to issue a stop-work order
for the project.
(2) Maintain for public inspection all records pertaining to the
provisions of this ordinance.
E. Control of Alteration of Watercourses
The local Administrator shall:
(1) Notify adjacent communities and the Florida Department of
Community Affairs prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to
the Federal Insurance Administration.
(2) Require that maintenance is provided with the altered or
relocated portion of said watercourse so that the flood-
carrying capacity is not diminished.
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SECTION 19-13. Variance Procedure.
A. Appeal Board
(1) The City Council as established by the City of Winter
Springs shall hear and decide appeals and requests for
variance from the requirements of this ordinance.
(2) The City Council shall hear and decide appeals when it
is alleged there is an error in any requirement, decision,
or determination made by the Flood Damanage control Admini-
strator in the enforcement or administration of this
ordinance.
(3) Those aggrieved by the decision of the City Council, or
any taxpayer, may appeal such decision to the Circuit Court.
B. Conditions under which Variances May bre Granted.
(1) In passing upon such application, the City Council, shall
consider all techinical evaluations, all relevant factors,
standards specified in other sections of this ordinance,
and, (a) the danger that materials may be swept onto other
lands to the injury of others; (b) the danger to life and
property due to flooding or erosion damage; (c) the suscapti-
bility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(d) the important of the services provided by the proposed
facility to the community; (e) the necessity to the facility
of a waterfront location, where applicable; (f) the compata-
bility of the proposed use with existing and anticipated
development; (g) the relationship of the proposed was to
the comprehive plan and flood plain management program of
that area; (h) the availability of alternative locations not
subject to flooding or erosion damage for the proposed use;
and (i) the safety of access to the property in times of
flood for ordinary and emergency vehicles.
(2) Variances may be issued for the reconstruction, rehabilita-
tion 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
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remainder of this section.
(3) Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
(4) Variances shall only be issued upon : (a) a showing of good
and sufficient cause; (b) a determination that failure to
grant the variance would result in exceptional hardship to
the applicant and, (c) 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 Section 19-13, B (l) or
conflict with the local government comprehensive plan or
with other existing local laws or ordinances.
(5) 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 increased risk resulting from the reduced lowest floor
elevation.
(6) The City Council may attach such conditions to the granting
of any variance as it deems necessary to further the purposes
of this ordinance.
.ARTICLE 111. STANDARDS
Section 19-14. General Standards.
In all areas of special flood hazards the following standards are
A. Anchoring
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral
movement of the structure.
(2) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement: (a) Mobile homes manu-
factured after June 15, 1976, with provisions for installa-
ation of anchoring systems including instructions, in accord-
ance with Federal Mobile Home Construction and
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Safety Standards, Section 280.306 shall be installed in
accordance with the manufacturer's instructions. (b) Mobile
homes not provided with such installation instructions, or
mobile homes not provided with instructions for the hurri-
cane zone, shall comply with the State of Florida Tiedown
Regulations. (c) All components of the anchoring system
must be approved by the State of Florida Department of
Highway Safety and Motor Vehicles, Bureau of Mobile Home Con-
struction. (d) Any additions to the mobile home must be
similarly anchored.
B. Construction Materials and Methods
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant
to flood damage.
(2) All new construction and substantial improvement shall be
constructed using methods and practices that minimize
flood damage.
C. Utilities
(1) all new and replacement water supply systems shall be
designed to minmize or eliminate infilitration of flood
waters into the system.
(2) New and replacement sanitary sewerage systems shall be de-
signed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems
into flood waters.
(3) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
D. Subdivision Proposals
(1) all subdivision or other land development proposals shall
be consistent with the needs to minimize flood damage.
(2) All such proposals shall have public utilities and
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facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage.
(3) all such proposals shall have adequate drainage provided
to reduce exposure to flood damage.
(4) Base flood elevation data shall be provided for sub-
division proposals and other proposed developments
which contain at least 50 lots or 5 acres (whichever is
less).
(5) all requirments of Ordinance 235 of the City of Winter
Springs which exceed the above criteria shall apply.
Section 19-15 Specific Standards.
In all areas of special flood hazards where base flood elevation data
have been provided as set forth in Sec. 19-5, Basis for Establishing the Areas
of Special Flood Hazard, or in Section 19-12, use of Other Base Flood Data, the
following standards are required:
A. Residential Construction
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated
to or above vase flood elevation.
B. Nonresidential Construction
New construction and sustantial improvement of any commercial
industrial or other non-residential structure shall either have
the lowest floor, including basement, elevated to the level of
the base flood elevation;or, together with attendant utility
and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood the
structure is watertight with walls substantially
impermeable to the passage of water.
(2) Have structural components capable of resisting dydro-
static and hydrodynamic loads and effects of buoyancy.
(3) Be certified by a registered professional engineer or
architect that the standards of this subsection are
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satisfied. Such certifications shall be provided to
the local Administrator as set forth in Section 19-12,D (1).
c. Mobile Homes
(1) Mobile Homes shall be anchored in accordance with
Section 19-14, A (2).
(2) For new mobile home parks and mobile home subdivisions,
for expansions to existing mobile home parks and mobile
home subdivisons, for existing mobile home parks and
mobile home subdivisions where the repair, reconstruction
or improvement of the streets, utilities and pads equals
or exceed 50 percent of value of the streets, utilities
and pads before the repair, reconstruction or improve-
ment has commenced, and for mobile homes not placed in
a mobile home park or mobile home subdivision, it is required
that: (a) stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the mobile home
will be at or above the base flood level; (b) adequate
surface drainage and access for a hauler are provided;
and (c) in the instance of elevation on pilings, that
lots are large enough to permit steps, piling foundations
are placed in stable soil no more than ten feet apart, and
reinforcement is provided for pilings more than six feet
above the ground level.
(3) No mobile home shall be placed in a regulatory floodway
or coastal high hazard area, except in an existing mobile
home park or an existing mobile home subdivision.
Standards for Areas of Shallow Flooding (AO Zones):
Located within the areas of special floord hazard established in Section
V are areas designated as shallow flooding. These areas have special flood
hazards associated with base flood depths of one to three feet where a clearly
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residential structures shall have the lowest floor,
including basement, elevated to the depth number specified
on the Floord 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.
(2) All new construction and substantial improvemenets of non-
residential 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 ad-
jacent 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 wateright with walls substantially impermable
to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
Sect 19-17-Standards for Small Streams.
Located within the areas of special flood hazard established in Sec 19-5
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 five
(5) times the width of the stream at the top of bank or twenty
feet on each side from top of bank, whichever is greater, unless
certification by a registered professional engineer is provided
demonostrating that such encroachments shall not result in any
increas in floord levels during the occurence of the base
flood dischrage.
(2) New construction or substantial improvements of structures
-19-
shall be elevated or floodproofed in accordance with
elevations established in accordance with Section 19-12, C.
Section 19-18. Standards for Regulatory Floodways.
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 flood waters which carry debris, potential projectiles,
and erosion potential, the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new con-
soruction, substantial improvements and other develop-
ments unless certification by a professional registered
engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood
levels during occurrence of the base flood discharge.
(2) If Section 19-18, (1) is satisfied, all new construction
and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Section 19-14 and
Section 19-15.
(3) The placement of any mobile homes is prohibited, except in
an existing mobile home park or existing mobile home sub-
division.
Section 19-19. Sand Dunes and Mangrove Stands.
There shall be no alteration of sand dunes or mangrove stands which
would increase potential flood damage.
SECTION II. Severability.
If any section, subsection, sentence, clause, phrase, or provision
of this ordinance is held to be invalid or unconstitutional, such invalidation
or unconstitutionality shall not be construed as to render invalid or uncon-
stitutional the remaining provisions of this ordinance.
SECTION III. All ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
SECTION IV. This Ordinance shall take effect immediately upon its
final passage and adoption.
CITY OF WINTER SPRINGS, FLORIDA
By: Troy J. Piland, Mayor
ATTEST:
Mary T. Norton
CITY CLERK
;1
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FEDERAL EMERGENCY MANAGEMENT AGENCY
Region IV 1375 Peachtree Street, NE Atlanta, Georgia 30309
July 29, 1:)81
Ms. Jacqueline Koch
City Planner
City of Winter Springs
Winter Springs) Florida 32708
Dear Ms. Koch:
AS requested, this letter is to confirm that your proposed Ordinance
No. 245, regulating construction in areas of special flood hazard, has
been reviewed and adequately meets Section 60.3(d) of the Na'tiqnal Flood
Insurance Program (NFIP) rules and regulations" for entry into the Regular
Phase of the NFIP.
If we can be of any further assistance in the adoption and later enforce-
ment of the ordinance, please advise.
Sincerely yours,
~'Wooc;.;}:~~CDA-Q')
Directcr
Insurance and Mitigation Divisivn
OiY OF WINTER Sr:RiHGS
RECt:.i\lED
AUG 3 1981
CITY PLANNER
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TELEPHONE
(305) 327-18fX)
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July 17, 1981
Sentinel Star
Legal Advertisements
Post Office Box 2833
Orlando, Florida 32802
Dear Sirs:
WINTER SPRINGS. FLORIDA
ZIP COOE 32708 .
Enclosed please find Notice of Public Hearing for the City of
Winter Springs, Florida, to be published one time as soon as possible.
Please send proof of publication and invoice to this office.
Yours truly,
CITY OF WINTER SPRINGS
~~r: ~~
)fary T. Norton,
C~ty Clerk .
~
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..
't
CITY OF WINTER SPRINGS, FLORIDA
NOTICE OF PUBLIC HEARING
You are hereby informed that the City Council of the City of Winter
Springs, Florida, will hold a public hearing on an ordinance entitled
as follows:
AN ORDINANCE .OFTHE CITY OF WINTU. SPliINGS, FLORIDA,
IU1GUUTING CONSTRUCTION IN .AIWS. OF .SftCIALFLOOD lf~~QD
AS UQUIUDBY THB RDBIW. DllRGPCYtwlAGIMDr AGENCY TO
HAUAVAIL.AJLI FLOOD INSUUMCB TO CITIZlNSOF .wmu SPRINGS'
e8IFLICTS; EFFECTIVE D*!E.
This Public Hearing will be held at 7:30 p. m. or as soon thereafter as
possible on A..use 11. 1,.1. in the COuncil Chamber,
City Hall, 400 N. Edgemon Ave., Winter Springs, Florida.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. lnterested parties .may appear at this hearing
and be heard with respect to this proposed ordinance.
Please be advised that, under State Law, if you decide to appeal a
decision made with respect to this matter, you will need a record of
the proceedings and may need to ensure that a verbatim record is made.
Dated this 17th
day of
JUly,
, 1981.
CITY OF WlNTER SPRINGS, FLORIDA
~T'~
Mary T. Norton,
City Clerk
SENTINEL STAR
,~\
C)/J.~ 7/5~
Publi.hed DailY
Orlando. Orange Count~.. Florida
ADVERTISING CHARGE $30.50
~tate of ,1floriba t
(,OU~TY OF ORANGE \
55
Before the undersigned authority personally appeared
Virginia HollingsworTh
, who on oath says that
I CITY OF WI,NTER SPRINGS, I
FLORIDA
.. NOTI~E OF PUBLIC HEARING .
I You are hereby Inlormed; that 1118
City Council of th. City CIl Wlnler
liS, Florida, ~II hold II public
~a6tfN~~i7Z::E ~:ed
OF WINTER SPRINGS, FLOR-
IDA, REGULATING CON-
STRUCTION IN AREAS OF
SPECIAL FLOOD HAZARD AS
REQUIRED BY THE FEDERAL
EMERGENCY MANAGEMENT
AGENCY TO MAKE AVAIL-
ABLE FLOOD INSURANCE TO
CITIZENS OF WINTER
SPRINGS CONFLICTS: EF-
FECTIVE DATE.
This Public Hearing will be held at
7:30 p.m. or as soon thereafter as
possible on Augusl 11,1981,In the
Council Chamber, City Hall, 400 N.
Edgemon Ave., Winter Springs.
Copies 01 the proposed ordinance
are available In the office 01 the
City Clerk lor inepaCllon. Intereslad
parties may appear III this hearing
and be heard with respect 10 this
proposed ordinance.
Please be advised that, und8l' Slate
Law, If you decide to appeal a de-
cision made with reapect to this
mattar, you will need a record 01 I
the proceedings and may need 10
ensure that a verbatim record is
made.
she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper
published at Orlando, in Orange County, Florida; that the attached copy of ad.
vertisement, bei~lQltice of Public Hearing 8LllA~the matter of
___Ordinance regulating construction in areas
____~:E Special Flood Hazard, etGn the_______ Court,
was published in said newspaper in the issues of
July
21,
1981
Affiant further says that the said Sentinel Star is a newspaper published at Or-
lando, in said Orange County, Florida, and that the said newspaper has heretofore
been continuously published in said Orange County, Florida, each Week Day and has
been entered as second-class mail matter at the post office in Orlando, in said Orange
County, Florida for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he/she has neither
paid nor promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said
newspaper.
Swom to and subscribed before me this
~ , ci
/i '. /,.'10#
'Ih~r".J."'Ck )Id:bA<tt,U;f1. -
21st
day
Daled this 17th day 01 July, 1981.
CITY OF WINTER SPRINGS
Isl Mary T. Norton
Mary T. Norton,
City Clerk
CL-86S JUly21,1981
of
July ~
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A.D.,
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19~
/7) ,
l;;r c2-c-k:..
Notary Public
(Q'-'--:w
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Not;:ry PU~! :;y:d:: J:
My OommlSSlon Exp:res Jan. 21, b64 Form No. AD-291A
---'-'-' ...~_.,-~.~_._-~_._._...- -..--.-- '--... -"--...--- - ."-- _.----_.~,-------
ORDINANCE
NUMBER 245
NO ADOPTION DA TE; WAS
APPROVED IN
AUGUST 11, 1981
MEETING.