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FLOODPLAIN MANAGEMENT DISTRICT AND FLORIDA BUILDING CODE AMENDMENTS - TEXT CHANGE
Ordinance No. 130984
An ordinance of the City of Gainesville, Florida, amending the Code of Ordinances relating to floodplain management; by repealing the existing Subdivision II. - Flood Control District, Sections 30-280 through 30-290 within Article VIII, Division 3 of Chapter 30; adopting a new Subdivision II. - Floodplain Management District, Sections 30-280 through 30-295 within Article VIII, Division 3 of Chapter 30; adopting a new Section 6-16 - Local Administrative Amendments to the Florida Building Code and a new Section 6-17 - Local Technical Amendments to the Florida Building Code within Chapter 6 to coordinate with the Florida Building Code and implement the National Flood Insurance Program; providing a fiscal impact statement; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This ordinance will replace the Flood Control District sections of the Land Development Code (Sections 30-280 through 30-290) with the Florida Building Code (FBC) model Floodplain Ordinance approved by the Federal Emergency Management Agency (FEMA) in January 2013. The 2010 FBC became effective on March 15, 2012, and included new floodplain management regulations. The new regulations require Florida's local jurisdictions to revise their existing flood control ordinances for consistency with the new 2010 FBC. To facilitate this process, the Florida Division of Emergency Management has developed a model Floodplain Ordinance for local jurisdictions to adopt. The proposed changes will not affect or alter the adopted FEMA Flood Insurance Rate Maps.
Adoption of the model Floodplain Ordinance is necessary for several reasons:
* The model Floodplain Ordinance will provide regulations for all development in special flood hazard areas that are equal to the protections found in the existing flood control regulations in the Land Development Code.
* Adopting the model Floodplain Ordinance will streamline regulations and eliminate overlaps or inconsistencies between the City's Flood Control District regulations and the flood control provisions of the 2010 FBC.
* The model Floodplain Ordinance is by default compliant with the requirements of the National Flood Insurance Program (NFIP) and consistent with the 2010 FBC and will not require additional FEMA review.
* The model Floodplain Ordinance provides flexibility to include local amendments and/or adopt higher standards than are included in the base ordinance. Using the model ordinance along with adopting higher standards may improve the City's NFIP Community Rating System (CRS) standing thereby reducing flood insurance premiums for property owners.
* Alachua County adopted the model Floodplain Ordinance in 2013. Adoption of the model ordinance by the City will create a consistent floodplain regulatory framework across both jurisdictions.
After public notice was published in the Gainesville Sun on April 8, 2014, the City Plan Board held a public hearing on April 24, 2014, and recommended approval of the petition by a vote of 6-0.
CITY ATTORNEY MEMORANDUM
This ordinance requires two readings and shall become effective immediately upon adoption.