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O-255-C . CITY OF CLERMONT . CODE ORDINANCES 255-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FORIDA AMENDING CHAPTER 9A, FLOOD PREVENTION, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 9A, Flood Prevention is hereby amended as follows: SECTION 1. ARTICLE I. GENERAL PROVISION Sec. 9A-l. Statement of Purpose. A. is the purpose of this ordinance to promote the public health, and general welfare and to minimize public and private losses flood conditions in specific areas by provisions designed to: restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; It safety due to B. require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; and, C. control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and D. control filling, grading, dredging and other development which may increase erosion or flood damage, and E. prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Sec. 9A-2. 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 readable application. "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls in new construction. "Appeal" means a request for a review of the Building Official's interpretation of any provision of this ordinance or a request for a variance. "Area of special flood hazard" is the land in> the flood plain within a community subject to a one percent or greater chance of flooding in any given year, as shown on the Flood Insurance Rate Map (FIRM). "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -2- "Basement" means that portion of a building between floor and ceiling, which may be partly below and partly above grade. "Building" means any structure built for support, shelter, or enclosure for any occupancy or storage. "Development" means any man-made 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. "Flood or "flooding" means a general and temporary condition of partial or complete inundaton of normally dry land areas from: (1) the overflow of inland waters, and (2) the unusual and rapid accumulation of runoff of surface waters from any source. "Flood Hazard Boundary Map (FHBM)" means an official map of a community issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cummulatively increasing the water surface elevation more than one foot. "Floor" means the top surface of an enclosed area in a building (including basement), i.e. - top of slab in concrete slab con- struction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles, or sheds used solely for storage of lawn or similar equipment, in accordance with Federal guidelines. "Highest Adjacent Grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Manufactured Home" means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive dates or longer and intended to be improved property. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purposes of this ordinance, the term is synonymous with the National Geodetic Vertical Datum (NGVD). . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -3- "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the flood plain. "New Construction" means structures for which the "start of con- struction" commenced on or after the effective date of this ordinance. "Start of Construction" (for other than new construction or sub- stantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installaton of piles, con- struction 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 building. "Structure" means a walled and roofed building that is principally above ground, a mobile home, a gas or liquid storage tank, or other man-made facilities or infrastructures. "Substantial Improvement" means any repair, reconstruction, or improvement of a structure or any combination of the above, the cost of which equals or exceeds fifty percent of the market value of the structure, either (1) before the improvements or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any walls, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for im- provement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" is a grant of relief to a person from the requirements of this ordinance which permit construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. Sec. 9A-3. Lands to Which This Ordinance Applies. This chapter shall apply to all lands within the City of Clermont located in an area of special flood hazard. Sec. 9A-4. Basis for Establishing the Area of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emer- gency Management Agency in its Flood Insurance Study and FIRM, with accompanying maps and other supporting data, and any revision there- to are adopted by reference and declared to be part of this ordinance. . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -4- Sec. 9A-5. Establishment of Development Permit. A building or development permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities. Sec. 9A-6. Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. Sec. 9A-7. Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 9A-8. Interpretation. In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements, and (2) deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 9A-9. Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is con- sidered 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-made or natural causes. This ordinance 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 ordinance shall not create li- ability on the part of the City of Clermont or by any officer or em- ployee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there- under. Sec. 9A-IO. Penalties for Violation. Violation of the provision of this with any of its requirements shall violation hereof shall be punished the Clermont Code of Ordinances. ordinance or failure to comply constitute an offense and any as provided in Section 1-8 of ARTICLE II. ADMINISTRATION Sec. 9A-ll. Designation of Building Official. The Building Official is hereby appointed to administer and implement the provisions of this ordinance. Sec. 9A-12. Permit Procedures. Application for a Development Permit shall be made to the Building Official on forms furnished by him, prior to any development activites. Specifically, the following information is required for property located in an area of special flood hazard: A. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures, · CITY OF CLERMONT . CODE ORDINANCES 255-C Page -5- B. Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed, C. Provide a certificate from a registered professional engineer or architect that the non-residential flood- proofed structure meets the flood-proofing criteria in Section 9A-15, B, D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. Provide a floor elevation or flood-proofing certification after the lowest floor is completed. Such certification must be completed before a Certificate of Occupancy can be issued. It shall be the duty of the permit holder to submit to the Building Official a certification of the elevation of of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. Any work done prior to submission of the certification shall be at the permit holder's risk. The Building Official shall review the floor elevation data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the surveyor failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. Sec. 9A-13. Duties and Responsibilities of the Building Official. Duties of the Building Official shall include, but not be limited to: A. Review all development permits to assure that the permit requirements of this ordinance have been satisfied. B. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. C. Notify adjacent communities and the state coordinating agency prior to the relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. D. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood- carrying capacity is not diminished. E. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. F. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved struc- tures have been flood-proofed. G. When flood-proofing is utilized for a particular structure, the Building Official shall obtain certification of same from a registered engineer or architect. . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -6- H. Where interpretation is needed as to the exact loction of boundaries of the area of special flood hazard (for example, where there appears to be a conflict between mapped boundary and actual field conditions) the Building Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. I. When base flood elevation data or floodway data have not been provided in accordance with Section 9A-4, then the Building Official shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of this ordinance. J. All records pertaining to the provisions of this ordinance shall be maintained in the office of the Building Official, and shall be open for public inspection. ARTICLE III. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 9A-14. General Standards. In all areas of special flood hazard the following provisions are required: A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure, B. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, C. All new construction or substantial improvements shall be constructed by methods and practices that minimize fl ood damage, D. All new and replacement water supply or sanitary sewage systems shall be designed to minimize or eliminate in- filtration of flood waters into the system, or discharge from the system into flood waters, E. Any alteration, repair, reconstruction or improvement to a structure which is in compliance with the provisions of this ordinance, shall meet the requirements of "new con- struction" as contained in this ordinance, F. On-site waste disposal systems shall be located and con- structed to avoid impairment to them or contamination from them during flooding, G. Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may in- clude, but are not limited to, use of over the top of frame ties to ground anchors, this standard shall be in addition to and consistent with applicable state requirements for resisting wind forces; H. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -7- accumulating within the components during conditions of flooding, I. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Section 9A-15. Specific Standards. In all areas of special flood hazard where base flood elevation data have been provided, as set forth in Section 9A-4 or Section 9A-13, H, the following provisions are required: A. Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement, elevated no lower than 18 inches above base flood elevation. B. Non-residential Construction. New construction or substan- tial improvement of any commercial, industrial, or non- residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than 18 inches above the level of the base flood elevation. Buildings located in all A-Zones may be flood-proofed in lieu of being elevated provided that all areas of the building below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 9A-12, C. C. Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above grade, and, (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the auto- matic flow of floodwaters in both directions. > (b) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment use in connection with the premises (standard ex- terior door) or entry to the living area (stairway or elevator); and . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -8- (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. D. Floodways. Located within areas of special flood hazard established in Section 9A-4, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; (b) If Article 3, Section 9A-15 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 3. (c) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivIsion pro- vided the anchoring standards of Article 3, Section 9A-14, G, and the elevation standards of Article 3, Section 9A-15, A, and the encroachment standards of Article 3, Section 9A-15, D, (a) are met. Section 9A-16. Standards for Subdivision Proposals. A. All subdivision proposals shall be consistent with the need to minimize flood damage, B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage, C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and D. Base flood elevation data shall be provided for subdi- vision proposals and other proposed. development, including manufactured home parks and subdivisions, which is greater than the lesser of fifty lots or five acres. ARTICLE IV. VARIANCE PROCEDURES Section 9A-17. Method of Appeal. A. The City Council of the City of Clermont shall hear and decide appeals and requests for variances from the re- quirements of this ordinance. B. 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 Building Official in the enforce- ment or administration of this ordinance. . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -9- C. In receiving applications for variances, the City Council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and: 1. the danger to life and property due to flooding or erosion damage, and the safety of access to the property in times of flood for ordinary and emergency vehicles, 2. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, 3. the importance of the services provided by the proposed facility to the community, and the necessity to the facility of a waterfront location (where applicable), 4. the availability of alternative locations, not sub- ject to flooding or erosion damage, for the proposed use; and the compatibility of the proposed use with existing and anticipated development and the Compre- hensive Plan, 5. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. D. Upon consideration of the factors listed above and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. E. Variances shall not be issued within any designated flood- way if any increase in flood levels during the base flood discharge would result. F. Conditions for variances: 1. Variances shall be issued only upon a determination that the variance is the minimum necessary, consider- ing the flood hazard, to afford relief, 2. Variances shall be issued only upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result in excep- tional hardship to the applicant, and, (c) a determi- nation that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, crea- tion of a nuisance, causing fraud on or victimization of the public, or conflict with existing local laws or ordinances. . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -10- 3. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall also state that construction below the base flood elevation increases risk to life and property. 4. The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. SECTION 2. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 3. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4. This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. FIRST READING THIS SECOND READING THIS .:J.4t.k g-f:Jc, DAY OF DAY OF 17~, 1987. JJu~, 1987. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS gt:ll, DAY OF JJ,.(..,~, 1987. CITY OF CLERMONT obert A. poo~ Attest: Æ~ City Clerk . CITY OF CLERMONT . CODE ORDINANCES 255-C Page -ll- CERTIFICATE OF PUBLICATION .1 , ; ¡ ! r ! I HEREBY CERTIFY that a certified cOPl of the fOreg~ng Ordinance 255-C was published on the ¡q1:Ji. day of 1987, in a newspaper of general circulation located wit i~ City of Clermont, as required by Florida Statutes 166.041 (3) (a), said date of publication being 14 days prior to the Second Reading and Final Adoption of the Ordinance. £/4 E. V~~ile, City Clerk