Ordinance 476oxoxNANCC No. 47~,
SECTION x. s'PATUTORY AUTHORIZATION. The cegi sla CU re of the
State of Florida has in Cha?ter 166, Florida Statutes, delegated
the responsibility to local go ernmental unv is to adopt regula-
A. The flood hazard areas of the City of Longwood,
Florida, are subject to periodic inundation which results in loss
of life, property, health and safety hazards, drs rupti on of com-
merce and governmental servvices, extraordinary public expendi-
tares for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety,
and general welfare.
e. These flood losses are caused by the cumulative
effect of obstructions in flood plains causing increases vn flood
heights and ve locvtves, and by the occuyancy in flood hazard
reas y uses vulnerable to floods or hazardous to other lands
which are vnadequa tely elevated, flood-proofed, or otherwise
protected from flood damages.
SECTION I22. SLATCMCNP OF PI]APOSE. It vs the purpose of
hvs ordinance to promote the public health, safety, and g oral
welfare ana to m~nrmr ae p Srn ana private losses aue co flooa
conditions within the city limn is of L g ood, Florida, by Pro-
vrarons designed to.
A. Eestrr ct oe prohibit land uses which are dangerous
to health, safety, and property due ho water or erosion from
water or rn flood heights or velocrtres,
B. equ re that uses rn areas vulnerable to floods,
including facilities worth serve such uses, be protected ag ns
Elooa damage at Tne t~.me of i nr ti al construction,
C. Control the alteration of natural flood plains,
stream channels, and natural prote c[i.ve barriers which are rnvol-~
vea rn the accommodation of flood waters,
B. Control filling, grad.i.ng, dredging, and any topo-
graphical changes which may increase e.ro s.ron or flood damage;
and
e. zrewene or regnla ee T.ne constructton of flood
baraera which will nnnatnrally divert flood wa card or wnion may
increase elooa na:aras to other lands.
SECTION Sv. OBJECTIVCB. The objet t.ives of this ordinance
A. 1 p tect human life and Health;
A. To minimize expenditure of public money for costly
flood control projects;
C. To mi nrmrze the need Eor rescue and relief efforts
associated with floodiny and generally vn dertaken at the expense
of the general p lrc,
D. To man rmr ze prolonged business interruptions;
E. To minimize damage to public facilities and utili-
ties such as water and gas mains, etectric, telephone, and sewer
lines, streets, and bridges located in flood plains;
F. To help maintaan a stable county and city tax
base by p viding for the sound use and development of flood prone
areas in such a manner as to minimize future flood bli got areas,
G. To insure [hat potential home buyers are notified
_2_
that property i.s in a flood prone area.
SECTION V. DEFINITIONS. Onless specifically defined below,
cords or phrases used in thus Ordinance shall be vnterpreted so
as to give them the meaning they have in common u g and to
give this Ordinance its most reasonable application.
y
VO Zone on a community's Flood Insurance Hate Map (FIRM) with
base flood depths from one to three feet where a clearly defined
channel does not exist, where [he path of flooding is u predic-
table and rode to rmi na te, and where velocity flow may 6e evident.
C. Area of Special Flood Hazard." That land is the
chance of being equaled or exceeded in any given year.
E. Development." Any man-made change to improved
or unimpcoved real estate, including, but not limited to, buil-
dings o.r other structures, man g, dredging, fi11'ng, grading,
paving, excavating, or drilling operations.
F. Cxist 9 Mobile Home Park or Mobile Home Subdi-
vs von. A parcel (or contiguous parcels) of Sand divided into
o or more mobile home lots for rent or sale for which the con-
traction of facilities for se.rvici ng the lot on which the mo-
bile home is to be affixed (including, at a minimum, the in-
tallation of utilities, either final sv to grading or the pouring
of concrete pads, and the construction of streets) is completed
befoce the effective date of this Ordinance.
G. "Expansion to an Existing Mobile Home Park or
bile Home Subdivision," Th prep anon of additional sates
by the construction of facilities for servicing the lots on
which the mobile homee are to ne affixed (inclnaing the rnscalla-
tion of uti l.i ties, either frnal sac grading or pouring of con-
crete pads, or the construction of streets).
x. "Flood" or Flooding." A general and temporary
condition of partial or complete inundation of normally dxy land
areas from.
1. The overflow of inland or tidal waters,
2. The unusual. and rapid accumulation of runoff
of surface waters from any sourcE.
T. 'Flood Ha za ra Boundary Map (FIiBM)." An official
map of the community issued by the Federal Insurance Administra-
tron where the boundaries of the areas of special flood hazard
have been des.igna ted as Zone A.
S. 'Flood Insurance Rate map (FT RM)." An official
map of a community on which the Federal Insurance Adm.inistra Lion
has delineated both the areas of special flood hazard and the
risk premium zones app l.i ca ble to the common y
%. 'Flood Insurance Study." The official report
provided by [he Federal Insurance Administration. The report
contac ns flood profiles as we 11 as the Flood Hazard Boundary-
Floodway M p nd the wacer surface el.e vation of the base flood.
'Plooaway." The cM1an nel of a rrver or other
watercourse and the adjacent land areas that must be reserved
rn order to discharge the base flood wf CM1 OU t. cumulatively in-
creasr g the water surface elevation more than on foot.
M. i{abitab le Floor." Any floor usable for Irving
purposes whrch rncludes working, sleeping, eat g, cooking,
o.r recreation, or combination thereof. A floor used only for
storage purposes is not. a "habitable floor."
N. Mean Sea Level. The average height of the sea
fox all s ag of the tide.
o. Mobile Home. A structure, transportable in one
or more sectrons, which is bur it on p rma ne nt chassis and
rmanem eonnaaeion wn
It apea not anclude re-
Q. New Mobile Home Hark or Mobile Home Subdivision."
A parcel (or contiguous parcels) of land drvided into two or more
mobile home lots Eor rent or sale for which the cons true ti on of
facilities for servicing the lot on which the mobile home is to
be affixed fine l.uding, aT. a mi n.imum, the installation of utili-
ties, either final sit g ding oc the pouring of concrete pads,
and the construe taon of streets) is completed on or after the
effective aate of tnis orainance.
a. "Start of Construction." The first placement of
permanent construction of a structure (other tM1an a mobile Home)
on a sr te, such as the pouring of slabs or foot.i.ngs or any work
beyond the stage of excavation, inci ud.i ng the relocation of a
straeture. eermanent ronstrnction aoaa not inclnae ehe installa-
ti on of streets and/or walkways; nor does i[ t nclude excavation
fox a basement, Footings, piers or foundations, or the exec ti on
of temporary forms; nor does it include the installation on the
property of accessory buildings, such a gar g s or sheds not
occupied as dwelling units or no[ a part of the main structure.
For a structure (other tnan a mobile home) witnout a basement or
poured footing s, the "start of construction incl odes the first
permanent framing or assembly of the structure or any part thereo
on i[s piling or foundation. For mobile homes not witnin a
mobile M1ome park or mobile home subdivision, 'start of construc-
ion means the affixing of the mobi ie Home to its permanent.
ite. For mobile Homes within mobile home parks or mobile home
parks or mobile M1ome subdivisions, 'start of construction is
the date on wnich the construction of facilities for servicing
the sate on which the mobile Home is to be affixed (including,
at a mrn~mnm, the constrnction of atreets, aitner final ante
gradiny or the pouring of concrete pads, and installation of
utilities) as completed.
5. Structure. A walled and roofed ouilding that i~
principally abovey round, as well as a mobile home.
1. "Substantial Improvement." ny improvement to
a structure bui.l. t. prior [o the enactment o£ this Ordinance, and
any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds fi.f Ly Percent (5U&) of the market
value of the structure either (17 before the improvement or
repair is seartea or (z7 if the strnctnre has been aamayea ana
ie n¢inq restored n¢fore tno aamaye oci~rred. ror the parposes
of this definition, 'substantial impcovemen t" is considered to
occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure.
The term does not, howevev, include ¢itn¢r (1) any project for
improvement of a strut tyre to comply with exact g state or
local health, sanitary, or safety code specifications wh.i.ch are
solely necessary to assure safe living conditions or (2) any
alteration of a strut tyre listed on the National Register of
Historic Places or a State In vcn tory of Hastorvc Places.
U. vary ante. g nt of relief to a person from t6
requirements of this Ordinance to pecmit construction in a manner
otherwise prohibited by this Ordinance and where specific en-
forcement would result in unnecessary hardship.
A. LANG TO WHICN THIS ORDINANCE APPLIES. This
Ordinance shall apply to all areas of special flood hazard within
the city limits o£ the Caty of L g ood, Florida, as defined
by the latest official City o£ Longwood Flood Hazard M p
on file with the of ey clerk.
B. eAS2s eox esxnBLxsx2NC mxe AxBAS oe seeclAL FLo
xnznnn. Tne areas of ape ial flooa hazara iaentifiea by the
eeaeral xnsaranoe Aaministration in .ta cerrent Flooa xaaara
6oundaxY Map (FFIBM) and anY rev rsrons tnereto are adopted by
reference and declared to be a part of thrs orainance, or the
areas of special flood hazard rdentified by the Federal Snsura
Admrnrs tra tron rn its ..cientif is and ngrneer report accom-
panied by the Flood Insurance Rate Maps and Plood Boundary and
as manxmum requirements, (2) liberally construed in favor of the
governing body, and 13) deemed neitner to limit nor r peal a y
other powers granted under state statutes.
G. WARNING AND DIS GLASMBR OC LIABILITY. Tne degree
of flood protection required by thrs Ordinance is considered
reasonable for regulatory purposes and is based on screntif is
and e g eeri ng consrdera tions. Larger floods can and will occur
on rare occasions. Flood heights may be increased by natural
or man-made causes. This Ordinance does not imply that land
outsrde the areas of specral flood hazard or use p matted
within such areas will be free from flooding or flood damages.
Tnia ordinance ena ll not creaee liability on th p rt of the
City of Longwood or by any officer or employee thereof for any
flooa aamages tnac resole from reiianoe on enis orainance or any
administrative decision lawfully made thereunder.
SECTION VII. ADMINISTRATION.
A. DESIGNATION OP CITY ADMINISTRATOR. The C1 tv
Engineer under the direction of the City
Administrat s hereby appointed to administer and
implement the provisions of this Ordinance.
B. DUTIES AND REEPONSIBILITEEE. It shall be the dot
and cesponsibility of the City gdminis.retor
see that the following administrative functions are performed
by the appcopri ate admrnrstra rive department and/or official of
or relocation of a watercourse and submit evidence of such notr-
ment) of all new or substantially improved structures.
s. verify ana record the actual eleva cion (in
relation eo moan sea level) co wnion the new or subsea ntially
improved structures nave been flood-proofed.
>, wken flood-proof inq is utilized for a particv-
lar structure, the building official shall obtarn certification
from a registered professional engineer or architect.
e. Where interpretation is needed as [o the exact
location of the boundaries of the areas of special flood hazard
(for example, where there appears to be a oonf llct between a
mapped boundary and actual field condvtrons), the city e g eer,
under the dvrectr on of the mayor, shall make the necessary
rnt p tats on. The person contest g he location of the
boundary shall be given a reasonable opportunity to appeal the
inie rpreta tion as provided in this Ordinance.
9. When the base flood elevation data has not
been provided in accordance with Section V2, subsection 0, then
the city e q eer shall obtain, nevi and reasonably uti lire
any base flood elevation data available from a federal, state,
or other source, rn order to admin i.s ter the provisions of Sectron
10. A11 records pertaining to [he provisions of
thrs Ordinance shall be mavnta road in the of f.i ce of the city
engineer and she 1. 1. be open for public inspection.
SECTION VIII. PERMIT PROCE0URE5. Application for permits
shall include, as a my nvmum, but n t L.im.i tad to, the £oLlowing
plans drawn to scale showing the nature, location, dimensions,
and elevations of the deed in question; exist r proposed
structures, fill storage of ma to r.ia l.s; drainage facilities, and
the loca t.i on of the foregoing. Specifically, the Following in-
formation is required:
A. elevation is relation to mean sea level of the
lowest floor (i.n cl ud ing basement) of all structures.
S. Elevation in relation to mean sea Level to which
any nonresidential structure has been flood-proofed.
C. Provide a certification from a reg.is tared pro-
fe ss Tonal e gi eer or architect that the nonresidential flood-
proofed structure meets the flood-proofing err terra an Section X,
subsection ¢.
D. Description of the extent to which any wa tercour
will De altered or relocated as result of proposed developments
SECTSON I%: PROVISIONS FOR FLOOD HAZARD REDNCTION.
A. GENERAL STANDARDS. In all areas of special flood
haea rd, the following provisions are required:
1. All new cons traction and suDS tan ti al improve-
ments snail be anchored t p event fl.ota Lion, collapse, or
lateral movement of the structure.
2. A31 new construction and substantial improve-
ments shall be constructed w.i to materials and utility equipment
resistant to flood damage.
3. All new construction or substantial improve-
ments snail be constructed by methods and practices that mrnimr
flood damage.
4. A31 new and replacemen< water .supply systems
shall be designed to minimize or eliminate infiltration of flood
waters into the system.
5. New and replacement sanitary sewage sy ems
shall ne designed to minimize or eliminate infiltration of flood
waters into the systems and drscnarges from the systems into floo
6. On-sate waste disposal systems shall be located
to avoid i p rment to them Dz contaminatzon from them during .~
flooding.
J. Any alteration, repair, recons tructron, or
imprD~emen« to a atraetnre on which the wart of oonacruccron
was begun after the of £ec ti ve dace of tars Ocdin ance, snail
meet the requieements of "new cons tructron as contained in this
Ordinance.
8. No landfill may be placed within the area of
special Elood hazard unless an equal amount of flood storage
volume is created by excavation below the base flood elevation
and above the normal ground water table.
s. No portion of anv a<rwcture whim reaneea the ~.
storag capacity of the flood hazard areas may be constructed
within the lvmvts of the flood hazard area unless equal replace-
ment sto 9e volume vs yrovidea by ac ptable engineering tech-
niques.
lo. A11 roaaa ana otner moans of aoceaa wnien
are required to be tfafficable for public safety purposes shall
normally have their surface at. or above the base flood elevation
except where lowerino these accessways is essential to pcov.i.de
for the proper drainage of adjacent properties. in no case,
may the travelled way be more than eighteen inches below the
base flood elevation.
SECTION %. sPECIFiC sTANbARNS. In all areas of special
flood hazard where base flood elevation data has been provided as
including basement, elevated to the level of [he base flood
eleva ti.on or, together w>th attendant utvl ty and sane tary
facilities, be flood-proofed so that below the base flood level
the structure vs wa tertcq t with walls substantially impermeable
to the passage of water and with structural co ponents hav g
the capability of re svslinq hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional engineer or
architect sna11 certify thaT the standards of this subsection are
satisfied. such certification shall be provided to the o£ficiala
et Forth in sectvon VIII, subsection C.
C l.o No mobile home shall be placed in a floodway,
except in an errs ti nq mobile home park or existing mobi Le home
subdivision.
2. All mobile homes shall be anchored to re sr st
£location, collapse, or lateral movement y providing over-the-
top and frame ties to ground anchors. Specific requirements
sha 11 be that:
a. Over-the-top tres be provided at each
end of the mobile home with one addr tronal the per side at an
vntermediate location on mobile homes of Less Chan fifty feet a
one additional tte per side for mobile homes of £if ty feet or
b. Frame tees be provided at each corner
of i'.he home with four additional tv es per s.i de at vntermediate
points for mobile homes less than fifty feet Sang and one addi-
tronal tre fo.r mobile M1omes of fifty feet or longer.
c. A11 components of [he anc hosing system b
capable of carrying a force of 9,epp pounds.
existing mobile home parks and subdivisions where the rep r,
recons tructvon, or improvement of the streets, utrlr tres, and 1
pads equals and exceeds fifty percent (508) of value of the o~
streets, utilities, and pads before the repair, zeconstrve do n,
improvement has commenced; and, for mobile homes not placed in
b. Adequate surface dray page and access xor a
hauler are provided; and
c. in <he rns tan<e of eLevatron on pilrngs (1)
lots are large enough to permit s p (2) piling foundations are
placed in stable soil no more than ten feet apart, and (3)
reinforcement .is provided for pilings more than srx feet abc
the ground level.
0. FLOOOWAYS. Located within areas of special f
hazard established in Section VI, subsection B, are areas de
signs ted as floodways. Since the floodway is an extremely h
clearly defined channel does not exrst and where [he path of
flooding is p dretable and indeterminate; therefore, the
follow inq provisions apply:
A. All new construe tron and substantial improvements
of residential structures have the Lowest floor, including base-
ment, elevated above the crown of the nearest street to or above
the depth number sped Eied on the community's FInM.
B. A11 new constr uc tron and substantial improvements
o_ nonresidential s[r uctures shall:
1. Have the Lowest floor, including basement,
elevated above the crown of the nearest street to or above the
aeptn number apecifiea on the el Rn, or,
z. Together wieh the atcenaant utility ana sanr-
[ary facilities be completely flood-proofed to or above that -
level so that any space below that level is water fight with walls
substantially i p meable [o the passage of water and with
structural components ha vi n9 the capability of resisting hydr0-
starve and hydrodynamic loads and effects of buoyancy.
SECTION XII. BTANDAROn FOR BUEDIVIS'ION PROPOSALS.
A. All subdivision proposals snap be consvs to nt wr
the need to mrnrmvze flood damage.
e. ASl subdivision proposals shall have public utili-
ties and Facilities such as sewer, gas, electrical, and water
systems located and constructed to mvnvmvze flood damage.
C. All subaiviision proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
0. Base flood elevation data shall be provided for
subdivision proposals and other proposed development which is
greater than the lesser of fifty toes or five acres.
SECTION XIII. VARIANCe PROCEDURES.
A. Tne Board of Aaj us tment of the City of Longwood,
Florida, shall heae requests for varvances from the requirements
B. Any Person aggrieved by the decrsron of the board f~
of Adjustment, m y appeal such decision to the Cvxcuvt Court as -
provided by law.
C. Varrances may be issued for the recons tracts on,
re habrlv[atvon, or restoration of structures listed on the Nato -
al R g ter of His torrc Places or the State Inventory of Hrs tore
Places witnouF. regard to the procedures set forth in the re-
mainder of this sects on.
D. In passing upon such application for varrance s,
the ca i.y ouncil shall consider all technical evaluatvons, all.
relevant factors, standards specified in other sectvons of thus
Oxdi nanc e, and: 1
-14-
1. The danger that materials may be swept onto
other lands to the injury of others.
2. The danger of life and property due to floodi n.
or erosion aamage.
3. The susceptibility of the proposed facility
and its contents to flood damage and the affect of such damage
on the individual owner.
4. The importance of the sere ices peovided by
the proposed facility to the community.
5. The necessity to the facility of a wage rfront
locatron where applicable.
6. The availability of alternative Soca tions
not subject to flooding or erosion damage for the proposed use.
~. The compatibility of the proposed use with
exis tiny and antrcipa Ced devel.opmen t.
B. The relationship of the proposed use to the
comprehensive plan and flood plain management program for that
9. The safety of access to the property in times
of flood for ordinary and emergency vehicles.
30. The expected heights, velocity, duration, rate
of rise and sediment transport of the flood waters, ana the
effects of wave action, i.f app li.cab le, expected at the sr te.
11. The costs of providing governmental servrces
duriny and of tee flood conditions, rnclvding maintenance and
repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
12. Generally, vary antes may be issued Eox new
constrvc txon and substantial improvements [o be erected on a lot
of one-half acre or less in srze contiguous to and surrounded by
lots with exxsti ng structures constructed be LOw the base £lood
level providing items 1 Chrough 11 have been fvl ly considered.
As the lot size rncreases beyond the one-half acre, the technical
justification required for issuing the varr ante increases.
E. Upon consideration of the factors listed above an
the purposes of this Ordinance, the city council may attach such
to further the purposes of this Ordinance.
F. Varna nces shall not be issued within any designated
f loodway if any increase rn flood levels during the base flood
discharge would result.
G. CONDITIONS FOR VAAIANCC.
1. Variances shall only be issued upon a deter-
mvnatron that the varvdnce vs the mrnrmum necessary considering
the flood hazard to afford relief.
2. Variances shall only be issued upon (1) a
showing of good and sufficient cause, (2) a determination that J
failure to grant the varvance would result in exceptional hard-
ship to the applicant, and (3) a de to rmina ti.on that the granting
create nun sauces, cause fraud on or victimizatzon of the public,
the base flood eLeva tron and the elevation to which the structure
vs to be built and stating that the cost of flood insurance will
be commensurate wish the increased risk res ul ti.ng Erom the re- r
doted lowest floor elevation.
4. The city clerk shall. marntavn the records of
all va rvances and report to the Federal insurance Administration
any varvanoe granted.
SRCTION %IV. APPEAL PROCEW RE.
A. Any person aggrieved by the derision of any admini
stra tvve official in the in terp re tatf on, enforcement, or admini-
stration of the provisions of this ordinance may appeal such
dec vsron to the Board oP Adjustment. The decision of the Uoard
of Adjustment shall be fvnal provided such aggrieved person may '~
16-
appeal any decision of the city council to the Crcc urt Court
by appropriate 1 g review as provided by law.
B. An appeal under this sec tcon shall be taken within
thirty days from the date from which the appeal is made.
SECTION %V. PENALTY PxOVISIONE. Any person, firm, oz cor-
porati on, violating any Of the provisions of this Ordinance shall
be deemed guilty of a mrsdemeanor, and upon conv.ic tvon thereof
shall be fined in an amount not exceeding ve h~mdted d
(RSOg~_ r be impr.i coned far a period not exceed-
ing thirty (3O) days or be both so fined and
imprisoned. F.ach day such violation is commr t<ed or pe rmr tied
vent the City from taking sucF other lawful. actr on, including,
but not limited to, resort g to qu table actron, as rs neces-
sacy, to prevent or remedy any violation o£ thrs Ordinance.
SECTION XVII. CONFLICTS. All Ordinances or parts of Ordi-
nances rn conflict Me rewith be and the same are hereby repealed.
SECTION XVI II. COOF. OF ORDINANCES. It is the intent.
that this Ordinance shall be apart Of the Code of Ordinances
of the City Of Long ood, Clocrda, and same shall be incorporated
rn the Code and numbered appropriately.
SECTION XIX: EGPAPABILITY. The provisions of this Ordi-
nance are declared to be separable, and if any sectron, sentence,
clause, or phrase of this Ordr nance shall for any .reason be
held to be invalid ox un constitutronal, such decision shall not
affect the validity of the remarni ng sections, sentences, clauses,
and phrases of [his Ord.i na nee, but t ey hall remarn rn effect;
rt being the legislative intent that th i.s Ordinance shall stand
notwithstanding the invalidity of any part.
SGC'1'ION XX. EFFECTIVE GATE. This Ocdi na nee shall become
effective immediately upon i a L.inal passage and adoption.
PASSED AND ADOPTED this t~~~: day of f7~Q.nC~
19 d~0 .
xEST aEADxN -~.~~~ix kao
sEOONDaEA~:NO:7ha,~ i7i9ao
~?
of the cuy o£ co~ywooa,
elo~i~aa