12-04-2012 Regular Meeting - Supporting DocumentsCITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, December 4, 2012
City Hall — 685 W. Montrose Street, Clermont, FL
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MINUTES
Approval of the Planning and Zoning Commission Meeting minutes held
November 6, 2012.
REPORTS
Planning & Zoning Director, Chairman, Commission Members
NEW BUSINESS
Item 1 — Montrose Wine Bar Request for an amendment to a Conditional
CUP �V�YJ Use Permit to extend the hours of operation
&�A for a bar located at 712 W. Montrose Street.
Item 2 — Land Development Code To amend the Code of Ordinances which
adopts flood hazard maps, designates a
floodplain administrator, adopts procedures
and criteria for development in flood hazard
areas, and for other purposes, adopts local
administrative amendments to the Florida
Building Code; amending Chapter 82
General Provisions, Section 82-12 Land Use
Definitions; and Chapter 94 Environmental
Protection.
Discussion of Non -Agenda Items
ADJOURN
Any person wishing to appeal any decision made by the Planning and Zoning Commission at this meeting will
need a record of the proceedings. For that purpose, such person may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is based.
In accordance with the Americans with Disabilities Act (ADA), if any person with a disability as defined by
the ADA needs special accommodation to participate in this proceeding, then not later than two (2) business
days prior to the proceeding, he or she should contact the Planning and Zoning Department at 352-241-7302.
Please be advised that if you intend to show any document, picture, video or items to the Council or Board in
support or opposition to any item on the agenda; a copy of the document, picture, video or item must be
provided to the Recording Clerk for the City's records.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 6, 2012
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday November 6,
2012 at 7:00 p.m. by Vice -Chair Nick Jones. Other members present were Rob Boyatt, William
Henning, Nick Jones, Judy Proli, and Raymond Loyko. Also in attendance were Jim Hitt,
Planning and Zoning Director, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative
Assistant.
MINUTES of the Planning and Zoning Commission meeting held October 2, 2012 were
approved.
REPORTS
Commissioner Bo e_ d-l�i concerns about fellow Commission members deviating from
their duties as Planning and Zonmg �r�mbers.
1. REQUEST FOR SMALL-SCALE AMENDMENT
REQUEST: Small -Scale Comprehensive Plan Amendment
From: Regional Commercial (Lake County)
To: Commercial
PROJECT NAME: Silver Fox Development
OWNER: Silver Fox Development, Inc.
APPLICANT: Dale Ladd
PARCEL SIZE: 6.02 acres +/-
LOCATION: South of Hwy. 50 & east of Total Eye Care
EXISTING LAND USE: Vacant
EXISTING ZONING: CP Commercial District (applied for C-2 General Commercial)
Planning and Zoning Director Jim Hitt presented the Staff report as follows:
This request is to change the future land use of approximately 6.02 acres from Lake County
Regional Commercial to Commercial. The property is on the south side of Highway 50 and just
east of Total Eye Care. There are no planned uses at this time but the owners would like to
complete this process to prepare the site ahead of time. The site will be developed in accordance
with the Land Development Code.
The parcel is surrounded on three sides by undeveloped commercial zoned property. Just to the
south is undeveloped Residential/Professional property.
Access to the site will be from SR 50 and Hooks Street and a Transportation Impact Analysis
will have to be completed and approved in accordance with the City's Land Development Code
as part of the Site Plan Approval process.
.►
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 6, 2012
Page 2
The future land use change from Lake County Regional Commercial to Commercial would be
consistent with this request and the area.
Staff recommends approval of the Future Land Use Map change.
Commissioner Henning moved to recommend approval of the small scale comp plan amendment
to City Council; seconded by Commissioner Proli. The vote was unanimous to recommend
approval for the small scale comp plan amendment to City Council.
2. REQUEST FOR REZONING
REQUEST: Rezoning:
From: UE Urban Estate Low Density Residential District
To: C-2 General Commercial
OWNER: Silver Fox Development, Inc.
APPLICANT: Dale J. Ladd
PARCEL SIZE: 6.02 +/-
LOCATION: South of S.R. 50, North of Hooks St. and Excalibur Rd.
FUTURE LAND USE: Regional Commercial (Lake County)
(request pending to change to City Commercial)
EXISTING LAND USE: Vacant
Planning and Zoning Director Jim Hitt presented the Staff report as follows:
The applicant is requesting to rezone this site from UE Urban Estate Low Density Residential
District to C-2 General Commercial as part of their annexation and comprehensive plan land use
amendment. There are no planned uses at this time but the owners would like to complete this
process to prepare the site ahead of time. The site will be developed in accordance with the Land
Development Code.
Access to the site will be from SR 50 and Hooks Street and a Transportation Impact Analysis
will have to be completed and approved in accordance with the City's Land Development Code
as part of the Site Plan Approval process.
The rezoning to C-2 General Commercial would be consistent with this request and the area.
Staff recommends approval of the rezoning request.
Dale Ladd, 1135 East Ave., stated that he was present to answer any questions.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 6, 2012
Page 3
Commissioner Loyko moved to recommend approval of the conditional use permit to City
Council; seconded by Commissioner Boyatt. The vote was unanimous to recommend approval
for the rezoning to City Council.
3. REQUEST FOR LARGE SCALE AMENDMENT
REQUEST: Large -Scale Comprehensive Plan Amendment changing the future land use
From: Regional Office
To: Commercial (Parcel 1, 16.4 acres) and
High Density Residential (Parcel 2, 66.06 Acres)
PROJECT NAME: Hartwood Properties
OWNER: Hartwood Properties, LLC
APPLICANT: Jim Hall, AICP. ASLA
PARCEL SIZE: 82.46 acres +/-
LOCATION: East of US 27 and south of Hartwood March Rd.
EXISTING LAND USE: Vacant
EXISTING FUTURE LAND USE: Lake County Regional Office
EXISTING ZONING: UE Urban Estate Low Density Residential District (Proposed Zoning:
Office)
Planning and Zoning Director Jim Hitt presented the Staff report as follows:
The applicant is requesting land use changes the 82.46 acres from Regional Office to
Commercial on 16.40 acres & High Density Residential on 66.06 acres.
This land use change is part of an annexation and rezoning request. The site will be developed
in accordance with the Land Development Code with an approved site plan.
A traffic study must be completed in accordance with City code and reviewed by the MPO for
compliance and any fair share requirements. Access to the sites will be from US 27.
The land use changes to Commercial and High Density Residential would be consistent with the
uses in the area.
Staff recommends approval of the land use change request.
Commissioner Boyatt moved to recommend approval of the large scale amendment to City
Council; seconded by Commissioner Loyko. The vote was unanimous to recommend approval
for the large scale amendment to City Council.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 6, 2012
Page 4
4. REQUEST FOR REZONING
REQUEST: Rezoning:
From: UE Urban Estate Low Density Residential District
UT Urban Transition District
To: C-2 General Commercial (16.40 aces)
R-3-A Residential/Professional (66.06 acres)
OWNER: Hartwood Properties, LLC
APPLICANT: Jim Hall, AICP. ASLA
PARCEL SIZE: 16.40 acres +/- for C-2
66.06 acres +/- for R-3-A
LOCATION: East of US 27 and south of Hartwood March Rd.
FUTURE LAND USE: Lake County Regional Office
(Request pending to change to City Commercial and High
Density Residential)
EXISTING LAND USE: Vacant
Planning and Zoning Director Jim Hitt presented the Staff report as follows:
The applicant is requesting to rezone the 82.46 acres from UE Urban Estate Low Density
Residential District & UT Urban Transition District (the City's default zonings upon annexation)
to C-2 General Commercial on 16.40 acres & R-3-A Residential/Professional on 66.06 acres.
This rezoning requesting is part of an annexation and comprehensive plan amendment request.
The site will be developed in accordance with the Land Development Code.
Access to the sites will be from US 27 and a Transportation Impact Analysis will have to be
completed and approved in accordance with the City's LDC as part of the Site Plan Approval
process. A traffic study must be completed in accordance with City code and reviewed by the
MPO for compliance and any fair share requirements.
The rezoning to C-2 General Commercial and R-3-A Residential/Professional District would be
consistent with this request and the area.
Staff recommends approval of the rezoning request.
Jim Hall, 225 E. Robinson, Orlando, stated that he is the agent for the property owner. He stated
that this is consistent with the neighboring properties and would like to request approval.
Commissioner Boyatt asked where the city limits exist now and what impact would this property
have on the City.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 6, 2012
Page 5
Mr. Hitt stated that the existing city limits ends just past the old Sims Furniture. He stated that
the only impact the property would have on the City immediately would be police and fire,
should anything happen.
Commissioner Jones asked if there was any future time -line for development.
Mr. Hall stated that the property owner is not a developer and has not made any plans for the
property. He stated that the property owner has not marketed the property because it did not
meet the right criteria with the zoning. He stated that once the property is given the correct
zoning then the property owner will begin to market the property.
Commissioner Henning asked about the traffic study.
Mr. Hitt stated that anytime there is new development, a traffic study is required.
Commissioner Proli stated her concern about the high density residential use.
Commissioner Boyatt moved to recommend approval of the rezoning to City Council; seconded
by Commissioner Loyko. The vote was unanimous to recommend approval for the rezoning to
City Council.
5. REQUEST FOR LAND DEVELOPMENT CODE AMENDMENT
SUBJECT: Land Development Code — proposed amendments
Ordinance No. 2012-02-C
APPLICANT: Staff
Planning and Zoning Director Jim Hitt presented the Staff report as follows:
Attached are four (total Section numbers) amendments recommended for inclusion into the
Clermont Code of Ordinances.
Amendment Summary of the following Sections:
Sec. 102-7. Exempt signs.
Size of residential real estate sign, to be consistent with Sec. 102-1 S(e)(1)
There are two sections of the code relating to residential real estate sign size that were
inconsistent. This amendment corrects that.
Sec. 102-8. Prohibited signs; exceptions
Provide subsection for grand opening signage (currently not permitted)
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 6, 2012
Page 6
This amendment allows for grand opening signage which was previously not allowed in
the Code. This is a business friendly amendment to the Land Development Code.
Sec.102-23. Changeable copy signs.
Allow for electronic number changeable copy signage.
This amendment was directed by Council to be included in the Land Development Code
and adds electronic signage reflect those variances that were previously granted for gas
station signage. Also included is time and date language. This is a business friendly
amendment to the Land Development Code.
Sec.118-38. Vehicular use area interior landscaping.
Provide for minimum and maximum wheel stop heights.
This amendment reflects variance language that was previously granted for a site and
would effectively allow site to increase the permeable (green) space on a site, which is
good for the site and the environment. This is a business friendly amendment to the Land
Development Code.
Commissioner Proli moved to recommend approval of the land development code amendment to
City Council; seconded by Commissioner Boyatt. The vote was unanimous to recommend
approval for the land development code amendment to City Council.
There being no further business, the meeting was adjourned at 7:54 pm.
Nick Jones, Vice -Chairman
ATTEST:
Rae Chidlow — Administrative Assistant
CITY OF CLERMONT
L4K PLANNING & ZONING COMMISSION
December 4, 2012
CITY COUNCIL
December 11, 2012
PROJECT NAME: Vineyards of the World (aka Montrose Street Wine Bar)
REQUESTED ACTION: Request to amend a Conditional Use Permit to extend hours
of operation for a Bar within the Central Business District,
OWNER: Mathew D. Rhoda
APPLICANT: Yellymary Montaluo
LOCATION: 712 West Montrose Street
FUTURE LAND USE: Central Business District — (CBD)
ZONING: CBD (Central Business District)
EXISTING LAND USE: Vineyards of the World
SURROUNDING CONDITIONS:
ZONING
EXISTING LAND USE
FUTURE LAND USE DISTRICT
NORTH:
CBD
Commercial
CBD - Central Business District
SOUTH:
CBD
Commercial
CBD - Central Business District
EAST:
CBD
Commercial
CBD - Central Business District
WEST:
CBD
Commercial
CBD - Central Business District
ROAD CLASSIFICATION:
UTILITY AREA:
SITE UTILITIES:
SITE VISIT:
SIGNS POSTED:
West Montrose Street. - Local
City of Clermont Water / Sewer
City of Clermont Water / Sewer
11/7/12
By applicant
1 — Vineyards of the World, amend CUP
ANALYSIS: The applicant is requesting to amend their conditional use permit to
extend the hours of operation for their wine bar located at 712 West Montrose Street.
Because the City Council approved the original CUP with the 1:00 p.m. to 11:30 p.m.
operating hours as part of the CUP, in order to change those hours, an amendment to
the CUP is required.
The amendment request is to allow this business to serve alcoholic beverages the
same hours as allowed per code. This would still prohibit sales from 2:00 a.m. to 7:00
p.m., the same as any other business selling alcoholic beverages. This business is an
upscale wine/beer bar that offers live entertainment, high end wine sales, light snacks
and coffee.
Using the Fagade Improvement Grant Program, the owner painted the building and
replaced the canvas awning in front. All Codes are complied with.
Aerial View:
1
2 — Vineyards of the World, amend CUP
STAFF RECOMMENDATION:
Staff recommends approval of this Conditional Use Permit request to operate a Wine
Bar located at 712 West Montrose Street with the following conditions as listed for the
proposed hours of operation.
CUP CONDITIONS:
Section 1 - General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon
any heirs, assigns and successors in title or interest.
2. No further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any
manner within the boundary of the project without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the
3 - Vineyards of the World, amend CUP
City of Clermont Land Development Regulations and those of other appropriate
jurisdictional entities.
4. No business can occupy any portion of a building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Planning & Zoning
Department.
5. The Conditional Use Permit must be executed and processed throughthe office of the
City Clerk within 90 days of its date of grant by the City Council or the permit shall
become null and void.
6. The Applicant shall record in the Public Records of Lake County within 90 days of its
date of approval by the City Council, a short -form version of this Conditional Use Permit
as provided by the City or a form acceptable to the City, to provide notice to all interested
parties, the assigns, successors and heirs of the developer/applicant and all future owners
of the above -referenced property that the real property described above is subject to the
terms and conditions of the Conditional Use Permit.
7. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may revoke this Conditional Use Permit by resolution.
Section 2 — Land Use
1. Permitted uses shall include a Wine Bar at 712 West Montrose Street. Should the Bar
cease operations for more than six (6) months, the owner, applicant any heirs, assigns and
successors in title or interest must apply for a new Conditional Use Permit.
2. No consumption of alcoholic beverages sold from the bar may be consumed outside,
unless otherwise approved by the City.
\\Cityhall\shares\Planning and Zoning\Developments\CUP's\Montrose Wine Bar CUP P&Z12-4,CC12-11-12.doc
4 — Vineyards of the World, amend CUP
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
DATE: FEE:
PROJECT NAME (if applicable): VI ►)e4AQf a6 of" 4+tf- (O`d
APPLICANT: &141WIV),A 0" At w
CONTACT PERSON: i on
Address: 1o3h nrl t, e4b.o
City: Hi nru State: V-6 Zip: 3�17/S
Phone: C3S2) q a,--qCLfS Fax:
E-Mail:"V r nwcxYc:!s p�- wl)r) d a? a rlall - (,m
Address:
City: State:_
Phone: Fax:
Address of Subject Property: 7/d W' / 0t)41t �
General Location: �Qrn-e
Zip:
(include copy of survey):
Land Use (City verification required): �:) D 10 H—D 4)A f ► 1 ,_
Zoning (City verification required): C S D
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
Page 2
Detailed Description of request (What are you proposing to do and why is it appropriate
SAS
Yelll
Applica t Nam (printr) pplica a e ( e)
J-f11CArQrkrtAMin x
Owner ame t) Owner (ai4+ia4we)
******NOTICE******
IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL
BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED
UNTIL CORRECTIONS ARE MADE.
City of Clermont
Planning & Zoning Department
685 W. Montrose St.
P.O. Box 120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
MEMORANDUM
City of Clermont ( LIX
To: Clermont City Council
Darren Gray, City Manager
From: James Hitt, Planning & Zoning Director
Date: Planning & Zoning Commission — December 4, 2012
City Council — November 27, 2012 (Introduction)
December 11, 2012 (Adoption)
Subject: Ordinance No. 2012-04-C: Land Development Code amendment to the
Floodplain Management Regulations (FEMA required)
************************************************************
OBJECTIVE:
To rescind the existing Floodplain regulations and to restate new regulations that integrates with
the Florida Building Code.
SUMMARY -
The National Flood Insurance Program is a federally -subsidized flood damage insurance
program administered by the Federal Emergency Management Agency (FEMA). In order for
residents and business owners to be eligible to purchase flood insurance, communities must
adopt the most recent Flood Insurance Rate Maps (FIRM) and include within their land
development codes policies that comply with FEMA minimum federal regulations.
The Florida Division of Emergency Management has developed a completely new model
ordinance that is coordinated with the Florida Building Code (FBC) which also satisfies the
requirements of the National Flood Insurance Program (NFIP). The proposed ordinance adopts
the language of the model ordinance for communities with inland flood hazards. To insure
compliance with state and federal regulatory agencies, it has been reviewed and affirmed as
appropriate for local approval by the Florida Division of Emergency Management. Deviations
from this model ordinance are not encouraged by the State.
The following are important aspects of the proposed ordinance:
The new Floodplain Management chapter ordinance has been standardized in Florida
and has been written to be enforceable.
2. The new Floodplain Management ordinance (FPM) is coordinated with the FBC. The FBC
contains requirements for buildings and structures; the FPM model contains other
requirements necessary for consistency with the NFIP. In order to fulfill community
commitments to the NFIP, the FPM model requires buildings and structures that are
exempt from the FBC and development other than buildings to comply with requirements
of the ordinance if located in flood hazard areas. Examples of structures not covered by
the Florida Buildings Code but covered by Floodplain Management are playgrounds and
agricultural buildings.
3. As written, the Building Official and the Floodplain Administrator are responsible for
different aspects of enforcement but the new regulations coordinate these
responsibilities.
STAFF RECOMMENDATION:
This amendment is required by the Federal Emergency Management Agency (FEMA) and the
Florida Division of Emergency Management. All municipalities and counties are required to
amend their respective regulations incorporating these changes.
Staff recommends approval of the amended Floodplain Management Regulations.
\\Cityhall\shares\Planning and Zoning\LDC\Amendments-draft\Floodplain 12-11-12 amendment\Floodplain amend summary MEMO
P&Z12-4,CC11-27&12-11-12.doc
-2-
k:
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF
ORDINANCES WHICH ADOPTS FLOOD HAZARD MAPS,
DESIGNATES A FLOODPLAIN ADMINISTRATOR, ADOPTS
PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD
HAZARD AREAS, AND FOR OTHER PURPOSES; ADOPTS LOCAL
ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING
CODE; AMENDING CHAPTER 82 GENERAL PROVISIONS, SECTION
82-12 LAND USE DEFINITIONS; CHAPTER 94 ENVIRONMENTAL
PROTECTION, ARTICLE II AND ARTICLE III; PROVIDING FOR
CODIFICATION; SEVERABILITY; EFFECTIVE DATE; AND
PUBLICATION.
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 Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the City of Clermont and such areas may be subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare; and
WHEREAS, the City of Clermont was accepted for participation in the National Flood
Insurance Program on August 15, 1984 and the City Council desires to continue to meet the
requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such
participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; and
WHEREAS, Section 553.73(5), Florida Statutes, allows adoption of local administrative
amendments to the Florida Building Code to implement the National Flood Insurance Program;
and
WHEREAS, the City Council has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code.
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Clermont, Florida that the following floodplain management regulations, and the following local
administrative amendments to the 2010 Florida Building Code, are hereby adopted (note
strikethrough indicates removed words and underlined indicates added):
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2.
This Ordinance specifically repeals and replaces the following Code of Ordinance regulation(s)
as they relate to Floodplain management:
CHAPTER 82 GENERAL PROVISIONS
Section 82-12 Land use definitions.
CHAPTER 94 ENVIRONMENTAL PROTECTION
ARTICLE I. - IN GENERAL
Sections 94-1-94-30 Reserved.
�.
_
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
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CITY OF CLERMONT
ORDINANCE No. 2012-04-C
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CITY OF CLERMONT
ORDINANCE No. 2012-04-C
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ORDINANCE No. 2012-04-C
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aft-'
wetlandor- ate f belly : or-def t pe f f the pfejeet's baste fti ffe.iens
All
d-i- d—teiffieefPOFate tm.
04 peRmits sh-a1l
g0flffal—aflEl speeifie
issued by federal, that
eonditions of pefmits
1.vTth-in- the.
state or- regional ageneies are
thisThe esitwithhold
substaft4ive
pttiwiew of
•
(24 Any intended
(24 Any intended
'bLEtceF
scraccare vr- acvfee
—ener-eaEhm@ii,ytliei cxrarn--matHiet
dependent stfuetwes, shall een€efrte
ffem
the adopted eede stafidafd of a 25 fee
high the iftdividual.
sethaek established efdinafy mean
watef elevations of
development aetivitti s
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
The ,, f ,Hiatt;,, ,s tel
o „*al impaets
(a4 e e m unaveidabi
upon
;st:.,g the f;,nefie
of these r
natural eensidef
Fesetifees, and eyipie
(�} N44iga4iea plans shall co.,s;�the —following methods, in or-def f p f4y ,
,.high they she..l.l he „t;l;zed:
A., 04 eidifig the et altogether- by fiat taking a ei4ain aet;on o af4 a-B
C �l
(74 TR:..:.,-,:. ing impaets by 1:flit;.g the degree o magnitude of the notion e
its implementation.
(Z) Deet;f.;,,g the impaet by re rehabilitating, oelaimifig o ester-i g
the affeete.l a ,.t
(4) Reducing or- eliminating the impaet eyef time by pfesen,ation n
mAiqtA"Anr,A operations dufing the life of the aeti
R"a."FFT.TMINNNUMErr MUM.
IN
C� I ratio,laeement of the same e of wetland ea at least a two to efie
.,less the ,aloe of the wetland based o its f;.„,.t:efi l value is .leter., i e.l
to . ,mot a eater or lesser ratio. The should he like kind r . laee.„ent
(71 Ceei fi . des' e e eats
C�J ..
basedopen
t:efis F the
site and the
nd
typef tebe rar-eateed
or- restered,
ineltiding
existing and
>Plant
and h.,drolegie r
density,plants,
soils
t37 D iodi. menitar-ing of altefed areas, and peeifio„lly wetlands, to -effle • -
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
{64 Sttitable- posting of mitigation -areas-tepr-ee-ludethei-r- distur-banee a
(d) An aeeeptable mitigation plan for- wetlands and floodplains shall be r-easonably
gf:ant -A eemasteiv.,ation easement an the newly or-eated or- -afeaa to pf:eteet it
ffefn 44ufe— development. --An altel tive legal-meshanism to enstife stieh
04 elear-ing-off
2-5-#eet A-F btin�ei-
wide -ate-otee-'aed-
vegetation
perpendreolaf to the shoreline
appr-oval of the eity .,.1...inist...,tef
to provide aeeessto epeft watef!; however-,
be to F .-:
€eFal
F lea-ifig
shall required prior- any
appr-eval
fe
the
be
>
to fef-m
>
of eity administrator-
shall r-equir-ed
prior- any
of eleafing
r-etefrtion
(elated-dr-ainage
and detention
- areas;pubko ads -and
Approval ffam
Qtkcr r-i h sty-Oway,
-«�r�t1}lff-
systems.
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
fedeFal
tfeatfnent system.
it is the pufpase of this aftiele to promote the publie health, safiaty and general welfare and to
mpublie and private losses due, to good- eendit'e s i specAe areas by pr-evisleffs
The following -Awds, tefms
in
this aftiele, shall have th
and phfases,
when used
Unless speeifieally defined ift this
ifiter-pr-eted to them the
seetion, wer-ds or-
the), have in
phrases used in this EH4iele shall be
tE) this A14010 418
so as give meaning
eammen
usage and give
BuJc7cvacrziiec[irrthe one Pcrvcirc-caiurice orbeing equaled or- exeeeded ... ...:
ar'
10
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
�szsr�e!�ee�re!�.
{44 The evergoiw of inland water-s; and
. ��s�sersa�eszsr�a
e
e.
designed to be
foundation
peffnanent ehassis and
used with ar- without
a pefmaneat whieff
11
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Stfueture means awalled of r-eafed building that is pr-ineipally above gr-etifid, a mobile home, a
gas or- liquid st.,.age tank of tl,o,-manmade F e;l;t;os o inffastfuetufe,
04 Any pr-eje,.t fe
��I
.,t st,•, ..t„ to 1 .,1
stif
of eamply with state of
health, n n t.,.-
.. o aF tt. , ede s .,;fi...,tiens 4041,;e-Ah ., .. elolneeessar-y to a
e
12
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
-
-
94 Peemed fteithef to limit nor r-epeal any other- powers gfanted under- state sta"es.
13
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
[]� The administfative ef'fie al shall feview all .le ele e„t its toe e that the
development eede have been satisfied.
required,
.S'i. .
MOW
l47 altered of f:eleeated poi4ion f the tofeatir-se so that the f1.,e.1 eaffyi
• I.
lip
!
lip
IWO
14
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
.,
•,
i
f
a ffiee of the .,.l,Y,:.,;srr.,t;.,v offs .:.,1 and shall be open for- r.41:..: o..+: r
. .........
i
f4.,a dpf:eef a s+,-,,etu meets the floodp -,,., frog ..,-;*o, ;...1;yisio 2 of this
(4) n .los.,r;ptio,, .f the extent to ...1 ieh ., .,*o,- will be altered a Fe!06.,+o,l
as a feselt of proposed development.
p MR
WrNm
i
i
i
OEM
awl
-
-i.......iz.
15
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
l l The ..it.,
n ..;1 .lo..;rin for- . s f f,, the
hear-
shall and appeals and requests
(1,1 The ;t.,
C�7
. .._1 shall hoar 1 de-e-;.7e it alleged there ;, o
J _-r1-_____ __o_--
-- appeals when
., the erf
.,t deefa;e., or dete,.mi„ntfe., made by the nd.Y,,,,,atrnttx,eoffie,al
ree.,,efft e nd„,inistratio of this art;ele
l in r e .... l;ntions
C�7
for- .
the nitn n;l ]h-a11 all te..h.,;nnl
c� ,,
eve-ifisider-
evaluations, all ele
,ft FeteFs, all
standards spee;Fied in .,the et;efts of this
aFtiele and the land development
f and-
/7) The a ept;h;l4y of the proposed f eility and its e.f .,teta to fleed daiugv
L�7 ..d the eff et of st,eh damage o the individual
t�7 The
ifefha.._e the by the f to the
of s proposed e_lit„
eemmunity,
where
..d the neeesaity to the f eility of a ,aterf;fe„t leeat;e.,
.
(4)The
tTl Tl
ailal.;l;t„ niter.�at:.,e leeat;e„a
t ffh;eet to fle d'
of ccn�ucn�-xoccccrorr�?v�AoJccrrv�rvvaiirg
d
a'C[mA6vZvl=crri+�vPv��CiltT'GVx2I�'.Cci
with
F the d d
,,.,.stff ,� an a ,.,..ae
i.,t: td development
the t'h'1'tx f th ed
vixxc�ox cxxc �: vl�..e..,.... ....,e
ae �.�,f,-ff�r ee ..a,.,e
.,d thh
-
plan.
!.
16
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
(T 4) p eensidefa4ien
,t:., _1 ., , F this t; a tL o
the. 4 t fisted
of ibse
puTeses of thisland
. a:tions t the
PuFpose of this aftiele,
de,.,e!E)pfnei+t eede, the eity eauneilr- may --attarah stleh
f ;t deems to fii# the
granting varianees as neeessafy er-
!
04 111,a es shall be issua only upon a detefmination that thevar-imee-is
the minimum 0 0 ,, ,. ide the flood h ,-a t afford relief
a- n showing of Rood and st f fie t eatise-,-
06
e
(44 The administr-a4ive E)f4eial shall maintain the r-eeeFds of all appeal aetiefis
upon r-e
-
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
e .e
LOU" 9-lillpill
E6":xrprianee with the -f this land development ent Bode shall ,eat th-e
As; A-ei.s4wtion as this aFtiele.
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
a, AT,.mobile 1,eme shall be ..laee,1 in aft o of spee;al flood 1.azaf.1 o pt
I.
.
T
I wift,
V NOW
wilmim
!
•
!
1,,
All
be . L.,,re to flet.,tio Wef: l
m,.l.;le
C7-. mes shall
resist ollapse of:
Speeifie r-e"ir-efnefits shall
be that:
additional
ties inteFmediate
for- homes
per- side at
points mobile
than
feet
50 feet leng and ane additional
tie for- mobile homes e
i
4 Any additions to the mobile heme shall be similar-ly anehafed.
19
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
.r_rstc��ses!�ets�rrre�:r.�s�r�!�!trs�:�s�resr.�:
PON
..
LE
ARTICLE II.1 ADMINISTRATION
DIVISION 1. GENERAL
Section 94-31.Title.
These regulations shall be known as the Floodplain Management Ordinance of the City of
Clermont, hereinafter referred to as "this Ordinance."
20
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Section 94-32.Scope.
The provisions of this Ordinance 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.
Section 94-33. Intent.
The purposes of this Ordinance 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 the Title 44 Code of Federal Regulations, Section 59.22.
Section 94-34. Coordination with the Florida Building Code.
This Ordinance 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.
21
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Section 94-35. Warning.
The degree of flood protection required by this Ordinance 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 Ordinance 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 Ordinance.
Section 94-36. Disclaimer of Liability.
This Ordinance shall not create liability on the part of the City Council of the City of Clermont
or by any officer or employee thereof for any flood damage that results from reliance on this
Ordinance or any administrative decision lawfully made thereunder.
Section 94-37 — 9449. Reserved
DIVISION 2. APPLICABILITY
Section 94-50. General.
Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
Section 94-51. Areas to which this Ordinance applies.
This Ordinance shall apply to all flood hazard areas within the City of Clermont, as established
in Section 94-52 of this Ordinance.
Section 94-52. Basis for establishing flood hazard areas.
The Flood Insurance Study for Lake County, Florida and incorporated areas dated December 18,
2012, and all subsequent amendments and revisions, and the accompanying Flood Insurance
Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by
reference as a part of this Ordinance 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 of
Clermont, Planning & Zoning Department.
22
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Section 94-53. Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations, pursuant to Division 5 of this
Ordinance the Floodplain Administrator may require submission of additional data. Where field
surveyed topography prepared by a Florida 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 Ordinance 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.
Section 94-54. Other laws.
The provisions of this Ordinance shall not be deemed to nullify any provisions of local, state or
federal law.
Section 94-55. Abrogation and greater restrictions.
This Ordinance 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 Ordinance and
any other ordinance, the more restrictive shall govern. This Ordinance shall not impair any deed
restriction, covenant or easement, but any land that is subject to such interests shall also be
governed by this Ordinance.
Section 94-56. Interpretation.
In the interpretation and application of this Ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
23
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Sections 94-57 — 94-69. Reserved
DIVISION 3. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
Section 94-70.Designation.
The Engineering Director is designated as the Floodplain Administrator. The Floodplain
Administrator may delegate performance of certain duties to other employees.
Section 94-71. General.
The Floodplain Administrator is authorized and directed to administer and enforce the provisions
of this Ordinance. The Floodplain Administrator shall have the authority to render interpretations
of this Ordinance consistent with the intent and purpose of this Ordinance 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 Ordinance without the granting of a variance pursuant to Division 7 of this Ordinance.
Section 94-72. 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 Ordinance;
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;
24
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
7. Issue Foodplain 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 Ordinance 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 Ordinance.
Section 94-73. Determinations for existing buildings and structures.
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:
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 Ordinance is required.
Section 94-74. 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 Ordinance.
25
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Section 94-75. 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 Ordinance.
Section 94-76. Inspections.
The Floodplain Administrator shall make the required inspections as specified in Division 6 of
this Ordinance 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.
Section 94-77.Other duties of the Floodplain Administrator.
The Floodplain Administrator shall have other duties, including but not limited to:
1. Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 94-73 of this Ordinance;
2. Require that applicants proposing alteration of a watercourse notify adjacent communities
and the Florida 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 6 months of such data becoming available;
4. Review required design certifications and documentation of elevations specified by this
Ordinance and the Florida Building Code and this Ordinance to determine that such
certifications and documentations are complete; and
5. Notify the Federal Emergency Management Agency when the corporate boundaries of
the City of Clermont are modified.
26
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Section 94-78. 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 Ordinance and the flood resistant
construction requirements of the Florida Building Code, including Flood Insurance Rate Maps;
Letters of 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 Ordinance; 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 Ordinance and the
flood resistant construction requirements of the Florida Building Code. These records shall be
available for public inspection at the City of Clermont, Planning & Zoning Department.
Sections 94-79 — 94-89. Reserved.
DIVISION 4. PERMITS
Section 94-90. Permits required.
Any owner or owner's authorized agent; hereinafter "applicant"; who intends to undertake any
development activity within the scope of this Ordinance, 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 shall be issued until compliance with the requirements of this Ordinance and all other
applicable codes and regulations has been satisfied.
Section 94-91. Floodplain development permits or approvals.
Floodplain development permits or approvals shall be issued pursuant to this Ordinance 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.
27
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Section 94-92. 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 Code of Federal Regulations Sections 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 Ordinance:
1. Railroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms, as provided in section 604.50, Florida Statutes.
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 section 366.02, Florida
Statutes, 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 paragraph, 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 section 553.73(10)(k), Florida Statutes, are not exempt from the
Florida Building Code if such structures are located in flood hazard areas established on
Flood Insurance Rate Maps
Section 94-93. 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:
1. Identify and describe the development to be covered by the permit or approval.
28
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
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 Section 105 of
this Ordinance.
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.
Section 94-94. Validity of permit or approval.
The issuance of a floodplain development permit or approval pursuant to this Ordinance shall not
be construed to be a permit for, or approval of, any violation of this Ordinance, the Florida
Building Codes, 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.
Section 94-95. 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.
Section 94-96. 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 Ordinance or any other ordinance, regulation or
requirement of this community.
29
CITY OF CLERMONT
ORDINANCE No. 2012-04-C
Section 94-97. 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; Section 373.036, Florida Statute.
2. Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E-6, Florida Administrative Code.
3. Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; Section 161.055, Florida Statutes.
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.
Sections 94-98 — 94-109. Reserved.
DIVISION 5. SITE PLANS AND CONSTRUCTION DOCUMENTS
Section 94-110. Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the requirements of this
Ordinance 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 flood hazard areas, 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 94-111 of this Ordinance.
3. Where the parcel on which the proposed development will take place will have more than
50 lots or is larger than 5 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 Sections 94-111, 1. or 2a. of this Ordinance.
4. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures.
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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 Ordinance 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 Ordinance.
Section 94-111. Information in flood hazard areas without base flood elevations
(approximate Zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevation data have not
been provided, the Floodplain Administrator shall:
1. 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; or
2. 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 develop base flood elevation data prepared in
accordance with currently accepted engineering practices; or
b. Specify that the base flood elevation is two (2) 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 (2) feet.
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 Florida
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.
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Section 94-112. 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 Florida 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 94-113 of this
Ordinance 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, a floodway encroachment analysis which
demonstrates 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 (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
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 94-113 of this Ordinance.
Section 94-113. 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 Florida licensed engineer in a format required by
FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
Section 94-114 — 94-119. Reserved.
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DIVISION 6. INSPECTIONS
Section 94-120. General.
Development for which a floodplain development permit or approval is required shall be subject
to inspection.
Section 94-121. Development other than buildings and structures.
The Floodplain Administrator shall inspect all development to determine compliance with the
requirements of this Ordinance and the conditions of issued floodplain development permits or
approvals.
Section 94-122. 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 Ordinance and the
conditions of issued floodplain development permits or approvals.
Section 94-123. 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:
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 Florida
licensed professional surveyor; or
2. If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 94-111, 2.b. of this Ordinance, the documentation
of height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner's authorized agent.
Section 94-124. 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 94-123 of this
Ordinance.
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Section 94-125. 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 Ordinance 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.
Section 94-126 — 94-129
DIVISION 7. VARIANCES AND APPEALS
Section 94-130. General.
The City Council shall hear and decide on requests for appeals and requests for variances from
the strict application of this Ordinance. Pursuant to Section 553.73(5), Florida Statutes, 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.
Section 94-131. 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 Ordinance. Any person aggrieved by the decision of the
City Council may appeal such decision to the Circuit Court, as provided by Florida Statutes.
Section 94-132. 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 94-136 of this Ordinance, the conditions of
issuance set forth in Section 94-137 of this Ordinance, 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
Ordinance.
Section 94-133. 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 94-112 of this Ordinance.
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Section 93-134. 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 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.
Section 94-135. 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 Ordinance, provided the
variance meets the requirements of Section 94-133, 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.
Section 94-136. 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 Ordinance,
and the following:
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;
6. The compatibility of the proposed development with existing and anticipated
development;
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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.
Section 94-137. 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 Ordinance 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
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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 for $100 of insurance coverage; and stating that construction
below the base flood elevation increases risks to life and property.
Section 94-138 — 94-139. Reserved
DIVISION 8. VIOLATIONS
Section 94-140. Violations.
Any development that is not within the scope of the Florida Building Code but that is regulated
by this Ordinance that is performed without an issued permit, that is in conflict with an issued
permit, or that does not fully comply with this Ordinance, shall be deemed a violation of this
Ordinance. 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 Ordinance
or the Florida Building Code is presumed to be a violation until such time as that documentation
is provided.
Section 94-141. Authority.
For development that is not within the scope of the Florida Building Code but that is regulated
by this Ordinance 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.
Section 94-142. 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.
Sections 94-143 — 94-149. Reserved
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ARTICLE III. DEFINITIONS
DIVISION 1. GENERAL
Section 94-150. Scope.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
Ordinance, have the meanings shown in this section.
Section 94-151. Terms defined in the Florida Building Code.
Where terms are not defined in this Ordinance and are defined in the Florida Building Code,
such terms shall have the meanings ascribed to them in that code.
Section 94-152. Terms not defined.
Where terms are not defined in this Ordinance or the Florida Building Code, such terms shall
have ordinarily accepted meanings such as the context implies.
DIVISION 2. DEFINITIONS
Alteration of a watercourse. 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. A request for a review of the Floodplain Administrator's interpretation of any provision
of this Ordinance or a request for a variance.
ASCE 24. 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. A flood having a 1-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 "1-percent-annual chance flood."
Base flood elevation. 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.
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Basement. 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. 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 1-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. 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. 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
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations,
drilling operations or any other land disturbing activities.
Encroachment. 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. 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. 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. 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.
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Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. 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. 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. The greater of the following two areas: The area within a floodplain
subject to a 1-percent or greater chance of flooding in any year.
1. 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.
Flood Insurance Rate Map (FIRM). 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). 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. The office or position designated and charged with the
administration and enforcement of this Ordinance; may be referred to as the Floodplain Manager.
Floodplain development permit or approval. 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 Ordinance.
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Floodway. 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 (1) foot. Also defined in Florida Building Code, B, Section
1612.2.
Floodway encroachment analysis. 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 Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. 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; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried 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. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic
Buildings.
Letter of Map Change (LOMC). 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 May Amendment (LOMA): 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): 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.
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Letter of Map Revision Based on Fill (LOMR-F): 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): 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 Code of Federal Regulations 86.082-2, 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, or
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.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood -resistant enclosure, 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 Florida Building Code or ASCE 24. Also defined in
Florida Building Code, B, Section 1612.2.
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral 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 15C-1.0101, Florida Administrative Code.
Manufactured home park or subdivision. A parcel; or contiguous parcels, of land divided into
two or more manufactured home lots for rent or sale.
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Market value. 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 Ordinance, 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 Ordinance and the flood resistant
construction requirements of the Florida Building Code, 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. 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. A transportable unit which has a body width not exceeding fourteen (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 15C-1.0101, Florida Administrative Code.
Recreational vehicle. A vehicle, including a park trailer, which is:
1. Built on a single chassis;
2. Four hundred (400) 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.
Also defined in Section 320.01(b), Florida Statute
Special flood hazard area. An area in the floodplain subject to a 1 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. The date of issuance for new construction and substantial improvements
to existing structures, 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, 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. 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. Any repair, reconstruction, rehabilitation, 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 does not, however, include either: 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.
1. 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. A grant of relief from the requirements of this Ordinance, 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 Ordinance or the Florida Building Code.
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Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
ARTICLE IV. CHAPTER 3 FLOOD RESISTANT DEVELOPMENT
DIVISION 1. BUILDINGS AND STRUCTURES
Section 94.153. Design and construction of buildings, structures and facilities exempt from
the Florida Building Code.
Pursuant to Section 94-92 of this Ordinance, 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
Section 307 of this Ordinance.
DIVISION V. SUBDIVISIONS
Section 94-154. 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.
Section 94-155. 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 and final plats;
2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the Flood Insurance Rate Map, the base flood elevations
determined in accordance with Section 94-111 (1) or (2) of this Ordinance; and
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3. Compliance with the site improvement and utilities requirements of Section 303 of this
Ordinance.
DIVISION VI. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Section 94-156. Minimum requirements.
All proposed new development 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.
Section 94-157. 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 Chapter
64E-6, Florida Administrative Code 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.
Section 94-158. Water supply facilities.
All new and replacement water supply facilities shall be designed in accordance with the water
well construction standards in Chapter 62-532.500, Florida Administrative Code and ASCE 24
Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
Section 94-159. 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 94-112 (1) of this Ordinance demonstrates that the
proposed development or land disturbing activity will not result in any increase in the base flood
elevation.
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Section 94-160. Limitations on placement of fill.
Subject to the limitations of this Ordinance, 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 VII. MANUFACTURED HOMES
Section 94-161. General.
All manufactured homes installed in flood hazard areas shall be installed by an installer that is
licensed pursuant to Section 320.8249, Florida Statutes, and shall comply with the requirements
of Chapter 15C-1, Florida Administrative Code and the requirements of this Ordinance.
Section 94-162. 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 Ordinance.
Section 94-163. 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.
Section 94-164. Elevation.
Manufactured homes that are placed, replaced, or substantially improved shall comply with
Section 94-165 or Section 94-166 of this Ordinance, as applicable.
Section 94-165. General elevation requirement. Unless subject to the requirements of Section
94-166, 2. of this Ordinance, all manufactured homes that are placed, replaced, or substantially
improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion to an existing manufactured home
park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a
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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.
Section 94-166. Elevation requirement for certain existing manufactured home parks and
subdivisions.
Manufactured homes that are not subject to Section 94-165 of this Ordinance, 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 the:
1. 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. 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.
Section 94-167. Enclosures.
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of
the Florida Building Code, Residential Section R322 for such enclosed areas.
Section 94-168. 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 VIII. RECREATIONAL VEHICLES AND PARK TRAILERS
Section 94-169. 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
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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.
Section 94-170. Permanent placement.
Recreational vehicles and park trailers that do not meet the limitations in Section 94-169 of this
Ordinance for temporary placement shall meet the requirements of Division VII of this
Ordinance for manufactured homes.
DIVISION IX. TANKS
Section 94-171. 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.
Section 94-172. Above -ground tanks, not elevated.
Above -ground tanks that do not meet the elevation requirements of Section 94-173 of this
Ordinance shall be permitted in flood hazard areas provided the tanks are anchored or otherwise
designed and 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.
Section 94-173. Above -ground tanks, elevated.
Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the
design flood elevation 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.
Section 94-174. 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
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2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
DIVISION X. OTHER DEVELOPMENT
Section 94-175. 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 Ordinance or the Florida Building Code, shall:
1. Be located and constructed to minimize flood damage;
2. Meet the limitations of Section 94-159 of this Ordinance 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,
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.
Section 94-176. 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 94-159 of this
Ordinance.
Section 94-177. 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 94-159 of this Ordinance.
Section 94-178. 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 94-159 of this
Ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet
the requirements of Section 94-112 (3) of this Ordinance.
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SECTION 3.
The City Council of the City of Clermont elects to make the following administrative
amendments to the Florida Building Code, Building.
Section 104.10.1. Florida Building Code, Building
Add a new Section 104.10.1 as follows:
104.10.1 Modifications of the strict application of the requirements of the Florida
Building Code.
The Building Official shall coordinate with the Floodplain Administrator to review
requests submitted to the Building Official that seek Wroval to modify the strict
application of the flood resistant construction requirements of the Florida Building Code
to determine whether such requests require the granting of a variance pursuant to Section
117.
Section 107.6.1, Florida Building Code, Building
Add a new Section 107.6.1 as follows:
107.6.1 Building permits issued on the basis of an affidavit.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program, 44 Code of Federal Regulations Sections 59 and 60, the authority
granted to the Building Official to issue permits, to rely on inspections, and to accent
plans and construction documents on the basis of affidavits and plans submitted pursuant
to Section 105.14 and Section 107.6, shall not extend to the flood load and flood
resistance construction requirements of the Florida Building Code.
Section 117, Florida Building Code, Building
Add a new Section 117 as follows:
117 VARIANCES IN FLOOD HAZARD AREAS
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117.1 Flood hazard areas.
Pursuant to section 553.73(5) Florida Statutes, the variance procedures adopted in the
local floodplain management ordinance shall apply to requests submitted to the Building
Official for variances to the provisions of Section 1612.4 of the Florida Building
Building or, as applicable, the provisions of R322 of the Florida Building Code
Residential. This section shall not apply to Section 3109 of the Florida Building Code
Building.
SECTION 4. FISCAL IMPACT STATEMENT.
In terms of design, plan application review, construction and inspection of buildings and
structures, the cost impact as an overall average is negligible in regard to the local technical
amendments because all development has been subject to the requirements of the local
floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
SECTION 5. APPLICABILITY.
For the purposes of jurisdictional applicability, this Ordinance shall apply in the City of
Clermont. This Ordinance shall apply to all applications for development, including building
permit applications and subdivision proposals, submitted on or after December 11, 2012.
SECTION 6. REPEALER.
Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of
any conflict. This Ordinance specifically repeals and replaces the following Ordinance(s) and
Regulation(s): Chapter 94 Environmental Provisions, Article II Wetlands and floodplain
protection, and Article II Flood prevention.
SECTION 7. 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 re -lettered and the word "ordinance" may be changed to
"section," "article," "regulation," or such other appropriate word or phrase in order to
accomplish such intentions.
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SECTION 8. SEVERABILITY.
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
SECTION 9. EFFECTIVE DATE.
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.
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PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 1 Vh day of December, 2012.
CITY OF CLERMONT
Harold S. Turville, Jr., Mayor
ATTEST:
Tracy Ackroyd, City Clerk
Approved as to form and legality:
Dan Mantzaris, City Attorney