Ordinance No. 2020-23 - FEMA-Approved Floodplain ManagementCITY OF CLERMONT
C d« ORDINANCE NO.2020-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
CLERMONT CODE OF ORDINANCES, CHAPTER 94
ENVIRONMENTAL PROTECTION TO MAKE MODIFICATIONS TO
BRING THE REGULATIONS INTO CONFORMANCE WITH THE
MOST CURRENT FEMA-APPROVED, FLOODPLAIN
MANAGEMENT ORDINANCE FOR FLORIDA COMMUNITIES THAT
IS COORDINATED WITH THE FLORIDA BUILDING CODE;
PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the City of Clermont participates in the National Flood Insurance Program
and the City of Clermont desires to continue to meet the requirements of Title 44 Code of Federal
Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, the Florida Division of Emergency Management identified corrections
required by the Federal Emergency Management Agency to bring the City of Clermont's
floodplain management regulations into conformance with the Model Floodplain Management
ordinance approved by FEMA in January 2013; and
WHEREAS, the City Council determined that it is in the public interest to amend the
floodplain management regulations to bring the regulations into conformance with the most
current Model Floodplain Management Ordinance approved by FEMA for Florida communities.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont
that the Clermont Code of Ordinances, Chapter 94 Environmental Protection is amended as set
forth in the following amendments, as shown in strikethrough and underline format in Section 2.
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. AMENDMENTS.
The Clermont Code of Ordinances, Chapter 94 Environmental Protection is hereby amended by
the following amendments.
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ARTICLE II. - ADMINISTRATION
DIVISION 1. - GENERALLY
Sec. 94-11. - Title.
These regulations shall be known as the Floodplain Management Ordinance of the City of
Clermont, hereinafter referred to as "this article."
Sec. 94-12. - Scope.
The provisions of this article shall apply to all development that is wholly within or partially within
any flood hazard area, including but not limited to the subdivision of land, filling, grading, and
other site improvements and utility installations, construction, alteration, remodeling, enlargement,
improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities
that are exempt from the Florida Building Code, placement, installation, or replacement of
manufactured homes and manufactured buildings, installation or replacement of tanks, placement
of recreational vehicles, installation of swimming pools, and any other development.
Sec. 94-13. - Intent.
The purposes of this article and the flood load and flood resistant construction requirements of the
Florida Building Code are to establish minimum requirements to safeguard the public health,
safety, and general welfare and to minimize public and private losses due to flooding through
regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in 4he Title 44 Code of Federal Regulations, Section 59.22.
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Sec. 94-14. - Coordination with the Florida Building Code.
This article is intended to be administered and enforced in conjunction with the Florida Building
Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida
Building Code.
Sec. 94-15. - Warning.
The degree of flood protection required by this article and the Florida Building Code, as amended
by this community, is considered the minimum reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and will occur. Flood heights may be
increased by man-made or natural causes. This article does not imply that land outside of mapped
special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from
flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood
insurance study and shown on flood insurance rate maps and the requirements of Title 44 Code of
Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management
Agency, requiring this community to revise these regulations to remain eligible for participation
in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is
implied or expressed by compliance with this article.
Sec. 94-16. - Disclaimer of liability.
This article shall not create liability on the part of the city council or by any officer or employee
thereof for any flood damage that results from reliance on this article or any administrative decision
lawfully made thereunder.
Secs. 94-17-94-19. - Reserved.
DIVISION 2. - APPLICABILITY
Sec. 94-20. - General.
Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
Sec. 94-21. - Areas to which this article applies.
This article shall apply to all flood hazard areas within the city, as established in section 94-22.
Sec. 94-22. - Basis for establishing flood hazard areas.
The flood insurance study for the county and incorporated areas dated December 18, 2012, and all
subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRMs),
and all subsequent amendments and revisions to such maps, are adopted by reference as a part of
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this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and
maps that establish flood hazard areas are on file at the city planning and zoning department.
Sec. 94-23. - Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations, pursuant to division 5 of this article the
floodplain administrator may require submission of additional data. Where field surveyed
topography prepared by a state -licensed professional surveyor or digital topography accepted by
the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this article and, as applicable, the requirements of the
Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a letter of map change that removes
the area from the special flood hazard area.
Sec. 94-24. - Other laws.
The provisions of this article shall not be deemed to nullify any provisions of local, state or federal
law.
Sec. 94-25. - Abrogation and greater restrictions.
This article supersedes any ordinance in effect for management of development in flood hazard
areas. However, it is not intended to repeal or abrogate any existing ordinances including but not
limited to land development regulations, zoning ordinances, stormwater management regulations,
or the Florida Building Code. In the event of a conflict between this article and any other ordinance,
the more restrictive shall govern. This article shall not impair any deed restriction, covenant or
easement, but any land that is subject to such interests shall also be governed by this article.
Sec. 94-26. - Interpretation.
In the interpretation and application of this article, 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.
Secs. 94-27-94-29. - Reserved.
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DIVISION 3. - DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
Sec. 94-30. - Designation.
The engineering director is designated as the floodplain administrator. The floodplain
administrator may delegate performance of certain duties to other employees.
Sec. 94-31. - General.
The floodplain administrator is authorized and directed to administer and enforce the provisions
of this article. The floodplain administrator shall have the authority to render interpretations of this
article consistent with the intent and purpose of this article and may establish policies and
procedures in order to clarify the application of its provisions. Such interpretations, policies, and
procedures shall not have the effect of waiving requirements specifically provided in this article
without the granting of a variance pursuant to division 7 of this article.
Sec. 94-32. - Applications and permits.
The floodplain administrator, in coordination with other pertinent offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this article;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries, a person contesting the determination shall
have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably
safe from flooding;
(7) Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance with
this article is demonstrated, or disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the building official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this article.
Sec. 94-33. - Substantial improvement and substantial damage determinations
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For applications for building permits to improve buildings and structures, including alterations,
movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other improvement
of or work on such buildings and structures, the floodplain administrator, in coordination with the
building official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work, in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and before
any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre -damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this article is required.
Sec. 94-34. - Modifications of the strict application of the requirements of the Florida Building
Code.
The floodplain administrator shall review requests submitted to the building official that seek
approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the granting
of a variance pursuant to division 7 of this article.
Sec. 94-35. - Notices and orders.
The floodplain administrator shall coordinate with appropriate local agencies for the issuance of
all necessary notices or orders to ensure compliance with this article.
Sec. 94-36. - Inspections.
The floodplain administrator shall make the required inspections as specified in division 6 of this
article for development that is not subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code. The floodplain administrator shall
inspect flood hazard areas to determine if development is undertaken without issuance of a permit.
Sec. 94-37. - Other duties of the floodplain administrator.
The floodplain administrator shall have other duties, including but not limited to:
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(1) Establish, in coordination with the building official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to section 94-33;
(2) Require that applicants proposing alteration of a watercourse notify adjacent communities
and the state division of emergency management, state floodplain management office,
and submit copies of such notifications to the Federal Emergency Management Agency
(FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the flood insurance rate maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations, such submissions shall be made
within six months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified by this
article and the Florida Building Code to determine that such certifications
and documentations are complete; and
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of
the city are modified.
Sec. 94-38. - Floodplain management records.
Regardless of any limitation on the period required for retention of public records, the floodplain
administrator shall maintain and permanently keep and make available for public inspection all
records that are necessary for the administration of this article and the flood resistant construction
requirements of the Florida Building Code, including flood insurance rate maps, letters of man
change, records of issuance of permits and denial of permits, determinations of whether proposed
work constitutes substantial improvement or repair of substantial damage, required design
certifications and documentation of elevations specified by the Florida Building Code and this
article, notifications to adjacent communities, FEMA, and the state related to alterations of
watercourses, assurances that the flood carrying capacity of altered watercourses will be
maintained, documentation related to appeals and variances, including justification for issuance or
denial, and records of enforcement actions taken pursuant to this article and the flood resistant
construction requirements of the Florida Building Code. These records shall be available for public
inspection at the city planning and zoning department.
Secs. 94-39-94-49. - Reserved.
DIVISION 4. - PERMITS
Sec. 94-50. - Permits required.
Any owner or owner's authorized agent, hereinafter "applicant," who intends to undertake any
development activity within the scope of this article, including buildings, structures and facilities
exempt from the Florida Building Code, which is wholly within or partially within any flood
hazard area shall first make application to the floodplain administrator, and the building official if
applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval
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shall be issued until compliance with the requirements of this article and all other applicable codes
and regulations has been satisfied.
Sec. 94-51. - Floodplain development permits or approvals.
Floodplain development permits or approvals shall be issued pursuant to this article for any
development activities not subject to the requirements of the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code. Depending on the
nature and extent of proposed development that includes a building or structure, the floodplain
administrator may determine that a floodplain development permit or approval is required in
addition to a building permit.
Sec. 94-52. - Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood Insurance
Program, 44 CFR 59 and 60, floodplain development permits or approvals shall be required for
the following buildings, structures and facilities that are exempt from the Florida Building Code
and any further exemptions provided by law, which are subject to the requirements of this article:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are
directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this subsection, the term "chickee" means an open -sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non -wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the department of corrections to any prisoner in the
state correctional system.
(9) Structures identified in F.S. § 553.73(10)(k) are not exempt from the Florida Building
Code if such structures are located in flood hazard areas established on flood insurance
rate maps.
Sec. 94-53 - Application for a permit or approval.
To obtain a floodplain development permit or approval the applicant shall first file an application
in writing on a form furnished by the community. The information provided shall:
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(1) Identify and describe the development to be covered by the permit or approval;
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site;
(3) Indicate the use and occupancy for which the proposed development is intended;
(4) Be accompanied by a site plan or construction documents as specified in division 5 of
this article;
(5) State the valuation of the proposed work;
(6) Be signed by the applicant or the applicant's authorized agent;
(7) Give such other data and information as required by the floodplain administrator.
Sec. 94-54. - Validity of permit or approval.
The issuance of a floodplain development permit or approval pursuant to this article shall not be
construed to be a permit for, or approval of, any violation of this article, the Florida Building Code,
or any other ordinance of this community. The issuance of permits based on submitted
applications, construction documents, and information shall not prevent the floodplain
administrator from requiring the correction of errors and omissions.
Sec. 94-55. - Expiration.
A floodplain development permit or approval shall become invalid unless the work authorized by
such permit is commenced within 180 days after its issuance, or if the work authorized is
suspended or abandoned for a period of 180 days after the work commences. Extensions for
periods of not more than 180 days each shall be requested in writing and justifiable cause shall be
demonstrated.
Sec. 94-56. - Suspension or revocation.
The floodplain administrator is authorized to suspend or revoke a floodplain development permit
or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete
information, or in violation of this article or any other ordinance, regulation or requirement of this
community.
Sec. 94-57. - Other permits required.
Floodplain development permits and building permits shall include a condition that all other
applicable state or federal permits be obtained before commencement of the permitted
development, including but not limited to the following:
(1) The St. Johns River Water Management District, F.S. § 373.036.
(2) Florida Department of Health for onsite sewage treatment and disposal systems, F.S. §
381.0065 and F.A.C. Ch. 64E-6.
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(3) Florida Department of Environmental Protection for activities subject to the joint coastal
permit, F.S. § 161.055.
(4) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers, section
404 of the Clean Water Act.
(5) Federal pen -nits and approvals.
Secs. 94-58, 94-59. - Reserved.
DIVISION 5. - SITE PLANS AND CONSTRUCTION DOCUMENTS
Sec. 94-60. - Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the requirements of this
article shall be drawn to scale and shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed development;
(2) Where , base flood elevations, or floodway data are not included on
the FIRM or in the flood insurance study, they shall be established in accordance with
section 94-61 2 or (3);
(3) Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than five acres and the base flood elevations are not included on
the FIRM or in the flood insurance study, such elevations shall be established in
accordance with section 94-61(1) er-{2)a;
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures;
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation;
(6) Where the placement of fill is proposed, the amount, type, and source of fill material,
compaction specifications, a description of the intended purpose of the fill areas, and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose;
(7) Existing and proposed alignment of any proposed alteration of a watercourse.
The floodplain administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this article but that are not required to be prepared
by a registered design professional if it is found that the nature of the proposed development is
such that the review of such submissions is not necessary to ascertain compliance with this article.
Sec. 94-61. - Information in flood hazard areas without base flood elevations (approximate zone
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Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been
provided, the floodplain administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering e�ering practices.
U2 _Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to obtain
and use base flood elevation and floodway data available from a federal or state agency
or other source,—e
M(-) Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the floodplain administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
a. Require the applicant to include develop base flood elevation data prepared in
accordance with currently accepted engineering practices; or
b. Specify that the base flood elevation is two feet above the highest adjacent grade at
the location of the development, provided there is no evidence indicating flood
depths have been or may be greater than two feet;
L4)_(-3) Where the base flood elevation data are to be used to support a letter of map change
from FEMA, advise the applicant that the analyses shall be prepared by a state -licensed
engineer in a format required by FEMA, and that it shall be the responsibility of the
applicant to satisfy the submittal requirements and pay the processing fees.
Sec. 94-62. - Additional analyses and certifications.
As applicable to the location and nature of the proposed development activity, and in addition to
the requirements of this section, the applicant shall have the following analyses signed and sealed
by a state -licensed engineer for submission with the site plan and construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations, where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in section 94-63 and shall
submit the conditional letter of map revision, if issued by FEMA, with the site plan and
construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the flood insurance study or on the FIRM and
floodways have not been designated, hydrologic and hydraulic analyses that a-Aeedwa}
emonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated flood hazard area
encroachments, will not increase the base flood elevation more than one foot at any point
within the community. This requirement does not apply in isolated flood hazard areas not
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connected to a riverine 6venne flood hazard area or in flood hazard areas identified as
zone AO or zone AH.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood -carrying capacity of the
altered or relocated portion of the watercourse will not be decreased, and certification that
the altered watercourse shall be maintained in a manner which preserves the channel's
flood -carrying capacity, the applicant shall submit the analysis to FEMA as specified in
section 94-63.
Sec. 94-63. - Submission of additional data.
When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses
are submitted to support an application, the applicant has the right to seek a letter of map change
from FEMA to change the base flood elevations, change floodway boundaries, or change
boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such
purposes. The analyses shall be prepared by a state -licensed engineer in a format required by
FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
Secs. 94-64-94-69. - Reserved.
DIVISION 6. - INSPECTIONS
Sec. 94-70. - General.
Development for which a floodplain development permit or approval is required shall be subject
to inspection.
Sec. 94-71. - Development other than buildings and structures.
The floodplain administrator shall inspect all development to determine compliance with the
requirements of this article and the conditions of issued floodplain development permits or
approvals.
Sec. 94-72. - Buildings, structures and facilities exempt from the Florida Building Code.
The floodplain administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this article and the
conditions of issued floodplain development permits or approvals.
Sec. 94-73. - Buildings, structures and facilities exempt from the Florida Building Code, lowest
floor inspection.
Upon placement of the lowest floor, including basement, and prior to further vertical construction,
the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's
authorized agent, shall submit to the floodplain administrator:
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(1) If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a state -
licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with section 94-61(3)b 94-61(2)b, the documentation of height
of the lowest floor above highest adjacent grade, prepared by the owner or the owner's
authorized agent.
Sec. 94-74. - Buildings, structures and facilities exempt from the Florida Building Code, final
inspection.
As part of the final inspection, the owner or owner's authorized agent shall submit to the floodplain
administrator a final certification of elevation of the lowest floor or final documentation of the
height of the lowest floor above the highest adjacent grade, such certifications and documentations
shall be prepared as specified in section 94-73.
Sec. 94-75. - Manufactured homes.
The building official shall inspect manufactured homes that are installed or replaced in flood
hazard areas to determine compliance with the requirements of this article and the conditions of
the issued permit. Upon placement of a manufactured home, certification of the elevation of the
lowest floor shall be submitted to the building official.
Secs. 94-76-94-79. - Reserved.
DIVISION 7. - VARIANCES AND APPEALS
Sec. 94-80. - General.
The city council shall hear and decide on requests for appeals and requests for variances from the
strict application of this article. Pursuant to F.S. § 553.73(5), the city council shall hear and decide
on requests for appeals and requests for variances from the strict application of the flood resistant
construction requirements of the Florida Building Code.
Sec. 94-81. - Appeals.
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 floodplain administrator in the administration
and enforcement of this article. Any person aggrieved by the decision of the city council may
appeal such decision to the circuit court, as provided by state statutes.
Sec. 94-82. - Limitations on authority to grant variances.
The city council shall base its decisions on variances on technical justifications submitted by
applicants, the considerations for issuance in section 94-86, the conditions of issuance set forth in
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section 94-87, and the comments and recommendations of the floodplain administrator and the
building official. The city council has the right to attach such conditions as it deems necessary to
further the purposes and objectives of this article.
Sec. 94-83. - Restrictions in floodways.
A variance shall not be issued for any proposed development in a floodway if any increase in base
flood elevations would result, as evidenced by the applicable analyses and certifications required
in section 94-62.
Sec. 94-84. - Historic buildings.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic
building that is determined eligible for the exception to the flood resistant construction
requirements of the Florida Building Code, Existing Building, Chapter 12 Chaptef 11, Historic
Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not
preclude the building's continued designation as a historic building and the variance is the
minimum necessary to preserve the historic character and design of the building. If the proposed
work precludes the building's continued designation as a historic building, a variance shall not be
granted and the building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Building Code.
Sec. 94-85. - Functionally dependent uses.
A variance is authorized to be issued for the construction or substantial improvement necessary
for the conduct of a functionally dependent use, as defined in this article, provided the variance
meets the requirements of section 94-83, is the minimum necessary considering the flood hazard,
and all due consideration has been given to use of methods and materials that minimize flood
damage during occurrence of the base flood.
Sec. 94-86. - Considerations for issuance of variances.
In reviewing requests for variances, the city council shall consider all technical evaluations, all
relevant factors, and all other applicable provisions of the Florida Building Code, this article, and
the following:
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the community;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
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(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) 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, streets and bridges.
Sec. 94-87. - Conditions for issuance of variances.
Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this article or the required elevation standards;
(2) Determination by the city council that:
a. Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable, increased costs to satisfy
the requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, nor create nuisances, cause fraud on
or victimization of the public or conflict with existing local laws and ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford
relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the office of the clerk of the court in such a manner that it appears in the chain
of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the floodplain administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation, up to
amounts as high as $25.00 for $100.00 of insurance coverage, and stating that
construction below the base flood elevation increases risks to life and property.
Secs. 94-88, 94-89. - Reserved.
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DIVISION 8. - VIOLATIONS
Sec. 94-90. - Violations.
Any development that is not within the scope of the Florida Building Code but that is regulated by
this article that is performed without an issued permit, that is in conflict with an issued permit, or
that does not fully comply with this article, shall be deemed a violation of this article. A building
or structure without the documentation of elevation of the lowest floor, other required design
certifications, or other evidence of compliance required by this article or the Florida Building Code
is presumed to be a violation until such time as that documentation is provided.
Sec. 94-91. - Authority.
For development that is not within the scope of the Florida Building Code but that is regulated by
this article and that is determined to be a violation, the floodplain administrator is authorized to
serve notices of violation or stop work orders to owners of the property involved, to the owner's
agent, or to the person or persons performing the work.
Sec. 94-92. - Unlawful continuance.
Any person who shall continue any work after having been served with a notice of violation or a
stop work order, except such work as that person is directed to perform to remove or remedy a
violation or unsafe condition, shall be subject to penalties as prescribed by law and section 115 of
the Florida Building Code.
Secs. 94-93-94-99. - Reserved. ARTICLE III. - DEFINITIONS
DIVISION 1. - GENERALLY
Sec. 94-100. - Scope.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
chapter, have the meanings shown in this article.
Sec. 94-101. - Terms defined in the Florida Building Code.
Where terms are not defined in this article and are deemed in the Florida Building Code, such terms
shall have the meanings ascribed to them in that code.
Sec. 94-102. - Terms not defined.
Where terms are not defined in this article or the Florida Building Code, such terms shall have
ordinarily accepted meanings such as the context implies.
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DIVISION 2. - DEFINITIONS
Sec. 94-103. - Definitions.
Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross -sectional area of the channel or the channel capacity,
or any other form of modification which may alter, impede, retard or change the direction and/or
velocity of the riverine flow of water during conditions of the base flood.
Appeal means a request for a review of the floodplain administrator's interpretation of any
provision of this article .
ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by
the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood means a flood having a one percent chance of being equaled or exceeded in any given
year. Also defined in Florida Building Code, B, section 1612.2. The base flood is commonly
referred to as the "100-year flood" or the "one percent annual chance flood."
Base flood elevation means the elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the flood insurance rate map (FIRM). Also defined in Florida Building Code,
B, section 1612.2.
Basement means the portion of a building having its floor subgrade, below ground level, on all
sides. Also defined in Florida Building Code, B, section 1612.2.
Design flood means the flood associated with the greater of the following two areas (also defined
in Florida Building Code, B, Section 1612.2):
(1) Area with a floodplain subject to a one percent or greater chance of flooding in any year;
or
(2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise
legally designated.
Design flood elevation means the elevation of the "design flood," including wave height, relative
to the datum specified on the community's legally designated flood hazard map. In areas designated
as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number, in feet, specified on the flood hazard map. In areas
designated as zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to two feet. Also defined in Florida Building Code, B, section 1612.2.
Development means any man-made change to improved or unimproved real estate, including but
not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
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storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment means the placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine flood
hazard areas.
Existing building and existing structure mean any buildings and structures for which the start of
construction commenced before August 15, 1984. Also defined in Florida Building Code, B,
section 1612.2.
Existing manufactured home park or subdivision means 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 before August 15, 1984.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed, including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads.
Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Also defined in Florida Building Code, B, section 1612.2.
Flood damage -resistant materials means any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. Also defined in Florida Building Code, B, section 1612.2.
Flood hazard area means the greater of the following two areas:
(1) The area within a floodplain subject to a one percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Also defined in Florida Building Code, B, section 1612.2.
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Flood insurance rate map (FIRM) means the official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. Also defined in Florida Building Code, B, section
1612.2.
Flood insurance study (FIS) means the official report provided by the Federal Emergency
Management Agency that contains the flood insurance rate map, the flood boundary and floodway
map, if applicable, the water surface elevations of the base flood, and supporting technical data.
Also defined in Florida Building Code, B, section 1612.2.
Floodplain administrator means the office or position designated and charged with the
administration and enforcement of this article, may be referred to as the floodplain manager.
Floodplain development permit or approval means an official document or certificate issued by
the community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to be
compliant with this article.
Floodway means the channel of a river or other riverine watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot. Also defined in Florida Building Code, B, section
1612.2.
Floodway encroachment analysis means an engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations, the evaluation shall be prepared by a qualified state -licensed engineer using standard
engineering methods and models.
Florida Building Code means the family of codes adopted by the Florida Building Commission,
including Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
and Florida Building Code, Fuel Gas.
Functionally dependent use means a use which cannot perform its intended purpose unless it is
located or earned out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and ship
repair facilities, the term does not include long-term storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure means any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 .Q+apter-4,
Historic Buildings.
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Letter of map change (LOMC) means an official determination issued by the Federal Emergency
Management Agency that amends or revises an effective flood insurance rate map or flood
insurance study. Letters of map change include:
Letter of map amendment (LOMA) means an amendment based on technical data showing that a
property was incorrectly included in a designated special flood hazard area. A letter of map
amendment amends the current effective flood insurance rate map and establishes that a specific
property, portion of a property, or structure is not located in a special flood hazard area.
Letter of map revision (LOMR) means a revision based on technical data that may show changes
to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations,
and other planimetric features.
Letter of map revision based on fill (LOMR-F) means a determination that a structure or parcel of
land has been elevated by fill above the base flood elevation and is, therefore, no longer located
within the special flood hazard area. In order to qualify for this determination, the fill must have
been permitted and placed in accordance with the community's floodplain management
regulations.
Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a
proposed flood protection project or other project complies with the minimum National Flood
Insurance Program requirements for such projects with respect to delineation of special flood
hazard areas. A conditional letter of map revision does not revise the effective flood insurance rate
map or flood insurance study. Upon submission and approval of certified as -built documentation,
a letter of map revision may be issued by the Federal Emergency Management Agency to revise
the effective flood insurance rate map.
Light -duty truck, as defined in 40 CFR 86.082-2, means any motor vehicle rated at 8,500 pounds
gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle;
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off -highway operation and use.
Lowestfloor means the lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable
solely for vehicle parking, building access or limited storage provided that such enclosure is not
built so as to render the structure in violation of the non -elevation requirements of the Florida
Building Code or ASCE 24. Also defined in Florida Building Code, B, section 1612.2.
Manufactured home means a structure, transportable in one or more sections, which is eight feet
or more in width and greater than 400 square feet, and which is built on a permanent, integral
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chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park
trailer." Also defined in F.A.C. 15C-1.0101.
Manufactured home park or subdivision means a parcel, or contiguous parcels, of land divided
into two or more manufactured home lots for rent or sale.
Market value means the price at which a property will change hands between a willing buyer and
a willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this article, the term refers to the market value of buildings
and structures, excluding the land and other improvements on the parcel. Market value may be
established by a qualified independent appraiser, actual cash value, (replacement cost depreciated
for age and quality of construction), or tax assessment value adjusted to approximate market value
by a factor provided by the property appraiser.
New construction, for the purposes of administration of this article and the flood resistant
construction requirements of the Florida Building Code, means structures for which the "start of
construction" commenced on or after August 15, 1984, and includes any subsequent improvements
to such structures.
New manufactured home park or subdivision means 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 August 15, 1984.
Park trailer means a transportable unit which has a body width not exceeding 14 feet and which
is built on a single chassis and is designed to provide seasonal or temporary living quarters when
connected to utilities necessary for operation of installed fixtures and appliances. Defined in
section 320.01, F.S. F.A.G.-15C 'ter.
Recreational vehicle means a vehicle, including a park trailer, which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light -duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
See A 1 s A- d- A- fi- H eadS. § 320.01(b).
Special flood hazard area means an area in the floodplain subject to a one percent or greater chance
of flooding in any given year. Special flood hazard areas are shown on the flood insurance rate
map as zone A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V. Also defined in Florida Building
Code, B section 1612.2.
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Start of construction means the date of issuance of permits for new construction and substantial
improvements , provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the
date of the issuance. The actual start of construction means either the first placement of permanent
construction of a building, including a manufactured home, on a site, such as the pouring of slab
or footings, the installation of piles, or the construction of columns.
Permanent construction does not include land preparation, such as clearing, grading, or filling, the
installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the
erection of temporary forms or the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main buildings. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
Also defined in Florida Building Code, B section 1612.2.
Substantial damage means damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before -damaged condition would equal or exceed
50 percent of the market value of the building or structure before the damage occurred. Also
defined in Florida Building Code, B section 1612.2.
Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addition, or
other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the structure
has incurred "substantial damage," any repairs are considered substantial improvement regardless
of the actual repair work performed. The term "substantial improvement" does not, however,
include either:
(1) Any project for improvement of a building required to correct existing health, sanitary,
or safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions; or
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Also defined in Florida Building Code, B, section 1612.2.
Variance means a grant of relief from the requirements of this article, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this article or the Florida Building Code.
Watercourse means a river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
ARTICLE IV. - FLOOD RESISTANT DEVELOPMENT DIVISION 1. - BUILDINGS AND
STRUCTURES
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Sec. 94-104. - Design and construction of buildings, structures and facilities exempt from the
Florida Building Code.
Pursuant to section 94-52, buildings, structures, and facilities that are exempt from the Florida
Building Code, including substantial improvement or repair of substantial damage of such
buildings, structures and facilities, shall be designed and constructed in accordance with the flood
load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida
Building Code that are not walled and roofed buildings shall comply with the requirements of
article IV, division 7 section 04 -'
DIVISION 2. - SUBDIVISIONS
Sec. 94-105. - Minimum requirements.
Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall
be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards, in zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
Sec. 94-106. - Subdivision plats.
Where any portion of proposed subdivisions, including manufactured home parks and
subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood
elevations, as appropriate, shall be shown on preliminary plats ands;
(2) Where the subdivision has more than 50 lots or is larger than five acres and base flood
elevations are not included on the flood insurance rate map, the base flood elevations
determined in accordance with section 94-61(1) of-(2); and
(3) Compliance with the site improvement and utilities requirements of division 3 of this
article.
DIVISION 3. - SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 94-107. - Minimum requirements.
All proposed new development shall be reviewed to determine that:
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(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards, in zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
Sec. 94-108. - Sanitary sewage facilities.
All new and replacement sanitary sewage facilities, private sewage treatment plants, including all
pumping stations and collector systems, and on -site waste disposal systems shall be designed in
accordance with the standards for onsite sewage treatment and disposal systems in F.A.C. Ch.
64E-6 and ASCE 24 chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities
and discharge from the facilities into flood waters, and impairment of the facilities and systems.
Sec. 94-109. - Water supply facilities.
All new and replacement water supply facilities shall be designed in accordance with the water
well construction standards in F.A.C. Ch. 62-532 500 and ASCE 24 Chapter 7 to minimize or
eliminate infiltration of floodwaters into the systems.
Sec. 94-110. - Limitations on sites in regulatory floodways.
No development, including but not limited to site improvements, and land disturbing activity
involving fill or re -grading, shall be authorized in the regulatory floodway unless the floodway
encroachment analysis required in section 94-62(1) demonstrates that the proposed development
or land disturbing activity will not result in any increase in the base flood elevation.
Sec. 94-111. - Limitations on placement of fill.
Subject to the limitations of this article, fill shall be designed to be stable under conditions of
flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and
protection against flood -related erosion and scour. In addition to these requirements, if intended to
support buildings and structures, zone A only, fill shall comply with the requirements of the Florida
Building Code
DIVISION 4. - MANUFACTURED HOMES
Sec. 94-112. - General.
All manufactured homes installed in flood hazard areas shall be installed by an installer that is
licensed pursuant to F.S. § 320.8249 and shall comply with the requirements of F.A.C. Ch. 15C-1
and the requirements of this article.
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[hdee dchmave
Sec. 94-113. - Foundations.
All new manufactured homes and replacement manufactured homes installed in flood hazard areas
shall be installed on permanent, reinforced foundations that are designed in accordance with the
foundation requirements of the Florida Building Code Residential section R322.2 and this article.
Foundations for manufactured homes subject to Section 94-117 are permitted to be reinforced viers
or other foundation elements of at least equivalent strength.
Sec. 94-114. - Anchoring.
All new manufactured homes and replacement manufactured homes shall be installed using
methods and practices which minimize flood damage and shall be securely anchored to an
adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods
of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors.
This anchoring requirement is in addition to applicable state and local anchoring requirements for
wind resistance.
Sec. 94-115. - Elevation.
Manufactured homes that are placed, replaced, or substantially improved shall comply with section
94-116 or 94-117, as applicable.
Sec. 94-116. - General elevation requirement.
Unless subject to the requirements of section 94-117(2), all manufactured homes that are placed,
replaced, or substantially improved on sites located:
(1) Outside of a manufactured home park or subdivision;
(2) In a new manufactured home park or subdivision;
(3) In an expansion to an existing manufactured home park or subdivision; or
(4) In an existing manufactured home park or subdivision upon which a manufactured home
has incurred substantial damage as the result of a flood;
shall be elevated such that the bottom of the frame is at or above the elevation required, as
applicable to the flood hazard area, in the Florida Building Code, Residential section R322.2, zone
A.
Sec. 94-117. - Elevation requirement for certain existing manufactured home parks and
subdivisions.
Manufactured homes that are not subject to section 94-116, including manufactured homes that
are placed, replaced, or substantially improved on sites located in an existing manufactured home
park or subdivision, unless on a site where substantial damage as result of flooding has occurred,
shall be elevated such that either:
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(1) The bottom of the frame of the manufactured home is at or above the elevation required
in the Florida Building Code, Residential section R322.2, zone A; or
(2) The bottom of the frame is supported by reinforced piers or other foundation elements of
at least equivalent strength that are not less than 36 inches in height above grade.
Sec. 94-118. - Enclosures.
Fully Enclosed areas below elevated manufactured homes shall comply with the requirements of
the Florida Building Code, Residential section R322.2 for such enclosed areas.
Sec. 94-119. - Utility equipment.
Utility equipment that serves manufactured homes, including electric, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities, shall comply with the
requirements of the Florida Building Code, Residential section R322.
DIVISION S. - RECREATIONAL VEHICLES AND PARK TRAILERS
Sec. 94-120. - Temporary placement.
Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or park
model is on wheels or jacking system, is attached to the site only by quick -disconnect
type utilities and security devices, and has no permanent attachments such as additions,
rooms, stairs, decks and porches.
Sec. 94-121. - Permanent placement.
Recreational vehicles and park trailers that do not meet the limitations in section 94-120 for
temporary placement shall meet the requirements of division 4 of this article for manufactured
homes.
DIVISION 6. — TANKS
Sec. 94-122. - Underground tanks.
Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral
movement resulting from hydrodynamic and hydrostatic loads during conditions of the design
flood, including the effects of buoyancy assuming the tank is empty.
Sec. 94-123. - Above -ground tanks, not elevated.
Above -ground tanks that do not meet the elevation requirements of section 94-124 shall be
permitted in flood hazard areas provided the tanks are anchored or otherwise designed and
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constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood -borne debris.
Sec. 94-124. - Above -ground tanks, elevated.
Above -ground tanks in flood hazard areas shall be attached to a elevated to or above the design
flood elevation and attached to on a supporting structure that is designed to prevent flotation,
collapse or lateral movement during conditions of the design flood. Tank -supporting structures
shall meet the foundation requirements of the applicable flood hazard area.
Sec. 94-125. - Tank inlets and vents.
Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
DIVISION 7. - OTHER DEVELOPMENT
Sec. 94-126. - General requirements for other development.
All development, including man-made changes to improved or unimproved real estate for which
specific provisions are not specified in this article or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of section 94-110 if located in a regulated floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage -resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
Sec. 94-127. - Fences in regulated floodways.
Fences in regulated floodways that have the potential to block the passage of floodwaters, such as
stockade fences and wire mesh fences, shall meet the limitations of section 94-110.
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Sec. 94-128. - Retaining walls, sidewalks and driveways in regulated floodways.
Retaining walls and sidewalks and driveways that involve the placement of fill in regulated
floodways shall meet the limitations of section 94-110.
Sec. 94-129. - Roads and watercourse crossings in regulated floodways.
Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and
similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side,
that encroach into regulated floodways shall meet the limitations of section 94-110. Alteration of
a watercourse that is part of a road or watercourse crossing shall meet the requirements of section
94-62(3).
Sec. 94-130. - Reserved.
SECTION 3. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in City of Clermont.
This ordinance shall apply to all applications for development, including building permit
applications and subdivision proposals, submitted on or after the effective date of this ordinance.
SECTION 4. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the City Council that the provisions of this ordinance shall become and be made
a part of the City of Clermont's Code of Ordinances, and that the sections of this ordinance may
be renumbered or relettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared
by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect immediately upon adoption.
CITY OF CLERMONT
ORDINANCE NO.2020-23
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 26th day of May, 2020.
CITY OF CLERMONT
i
Gail L. Ash, Mayor
ATTEST:
1
Tracy Ackroyd Howe, City Clerk