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Home My WebLink About420 Flood Damage Ordinance Uv JC4�S\ ORDINANCE NO. 420 OTAS' 1\ AN ORDINANCE OF THE CITY OF ZEPHYRHILLS TO BE KNOWN AS THE "CITY OF ZEPHYRHILLS FLOOD DAMAGE PREVENTION ORDINANCE" ESTABLISHING PURPOSE AND OBJECTIVES , DEFINING AREA OF APPLICABILITY, PROVIDING DEFINITIONS , PROVIDING FOR ADMINISTRATION AND ENFORCEMENT, PROVIDING FOR FLOOD HAZARD REDUCTION, INCORPORATING FLOOD INSURANCE RATE MAPS BY REFERENCE, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Be it ordained by the City Council of the City of Zephyrhills , sitting in regular session as follows : 1 . FINDINGS OF FACT, STATEMENT OF PURPOSE AND OBJECTIVES A. Finding of Fact : The flood hazard areas of Zephyrhills are subject to periodic inundation which may result in loss of life or 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. These potential flood losses may result from the cumulative effect of obstructions in flood plains causing increases in flood heights and -velocities , or by presence in flood hazard areas of uses vulnerable to floods if inadequately elevated, flood-proofed, or otherwise unprotected from flood damages . B. Statement of Purpose : It is the purpose of this Ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions r1.Pc _Zned to: (1) restrict or prohibit uses which are dangerous to health, safety and property due to water or 111 erosion hazards , or which result in damaging increases in erosion or in flood heights or velocities ; (2) require that uses vulnerable to floods , including facilities which serve such uses , be protected � O. R. 1611PG 1108 against flood damage at the time of initial construction; - (3) control the alteration of natural flood plains , stream channels , and natural protective barriers which are involved in the accommodation of flood waters ; (4) control filling, grading, dredging and other development which may increase erosion or flood damage , and; (5) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands . C. Objectives : The objectives of this Ordinance are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects ; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at he expense of the general public ; (4) to minimize prolonged business interruptions ; (5) to minimize damage to public facilities and utilities such as water mains , electric, telephone and sewer lines , streets and bridges located in the flood plains ; (6) to help maintain a stable tax base by providingfor the sound use and development of flood prone areas in such a manner as to minimize flood blight areas , and; (7) to insure that potential home buyers are notified that property is in a flood area. 2 . DEFINITIONS AND ADMINISTRATION A document entitled "Flood Damage Prevention Regulations of the City of Zephyrhills originally adopted A.D. , 1987", is hereby adopted by reference. Each page of the O. R. 161- 1 PG 1109 referenced regulations shall be sequentially numbered and bear the surnames of the City Manager and President of City Council and date of adoption by this Ordinance or subsequent amendment. , 3 . GENERAL PROVISIONS A. Lands to Which this Ordinance Applies : This Ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Zephyrhills . B. Basis for Establishing the Areas of Special Flood Hazard: The areas of special flood hazard identified by the Federal Emergency Management Agency on its Flood Insurance Rate Map, dated April 8, 1983 , and other supporting data, and any revision thereto are adopted by reference and declared to be a part of this Ordinance. C. Establishment of Development: Permit: A Develop- ment Permit shall be: required in conformance with the provisions of this Ordinance prior to the commencement of any development activities . s _ D. Compliance : No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Ordinance and other applicable Regulations . E. Abrogation and Greater Restrictions : This Ordinance is not intended to repeal , abrogate, or impair any existing easements , covenants , or deed restrictions . However, where this Ordinance and another conflictor overlap, whichever imposes the more stringent restrictions shall prevail . F. 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; O. R. 1611 PG 1110_ (3) deemed neither to limit nor repeal any other powers granted under state statutes . G. Warning and Disclaimer of Liability: The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions . Flood heights may be increased by man-made or natural causes . This Ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages . This Ordinance shall not create liability on the part of the City of Zephyrhills or. by any officer or employee thereof for any flood damages that result from reliance; on this Ordinance or any administrative decision lawfully made thereunder. H. Penalties for Violation: Violation of the provisions of this Ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions , shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall , upon conviction thereof, be fined not more than Five Hundred Dollars ($500.00) or imprisoned for not more than sixty (60) days , or both, and in addition, shall pay all costs and expenses involved in, the . . case . Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Zephyrhills from taking such other lawfulaction as is necessary to prevent or remedy any violation. I . Enforcement : The Zephyrhills Building Official shall be in charge of zoning administration and enforcement and shall issue or cause to be issued notices of correction to any person in violation of this Ordinance. O. R. 1611 PG 1111 Any person who violates the provisions of this Ordinance , upon a finding of guilty by a court of jurisdiction shall be subject to a fine of not more than Five, Hundred Dollars ($500.00) or a term of imprisonment not to exceed sixty (60) days . III4. REPEAL OF CONFLICTING ORDINANCE AND/OR REGULATIONS OF THE CITY OF ZEPHYRHILLS p: All previously adopted Ordinancesor Regulations of ` the ' = City of Zephyrhills conflicting with this Ordinance and/or referenced Regulations are hereby repealed. 5 . VALIDITY If any section, part of a section, paragraph, sentence, „.0':.. 7 clause, phrase or word of this Ordinance is , for any reason, held or declared to be unconstitutional , inoperative, or „ _ void, such holding of invalidity shall not affect the remaining portions of this Ordiance and it shall be construed � to have been the intent to pass this Ordinance without such- ' unconstitutional , invalid, or inoperative part therein The above and foregoing Ordinance was read and passed on its first reading in open and regular meeting on this 27th day of April , A.D. , 1987 , Zephyrhills , Florida. '.4 01 e.�pHy9'k; �' V � / h '� r President of City Council `, , }, IS: ff r `' ii; '' Ii.?`l �. � : �OU�SE E. HOLT, LCity y . y `� i1 :' aiiager �`= ,.• -_.= '.•.4I- _ _ brf1�TY:E rhe above and foregoing Ordinance was read and passed on its second reading in open and regular meeting on this 11th day of May , A.D. , 1987 , Zephyrhills , Florida. (- 0. R. 1611 PG ~ 1112 vV 1. iPNy9 4e(2-7_,' ,j( - t .�\\, r..,. / President. of City Council rqr- : ihr 41/..a ____ ./ A!. ,,Ai la _` �; q�� ' \1+ LOUIE E. HSLT, City ', ,.y�,�'ti++.�� ,0 Manager 4`' "swr ry��' 'tiie above and foregoing Ordinance was read and passed on its third and final reading in open and regular meeting on this 26th day of May , A.D. , 1987 , _Zephyrhills , Florida. ;sof ZiPyy `�;. ..,Ni: . 1....0,./, 4.. .0-..--z-c--., -,-;:-:>1`,\ '''e- ,\>� - :�Ay�� `h', President of • r, _ i,5 ffli City Council ji A :': „,,. . o I :c -1 0 E E. HOLT, ity «-� . .n ' ► "=_-,.=,, . rlanager r .. ..ap. �0 i.T v .F she foregoing Ordinance No. 420 was approved by me this 26th • day of May , A.D. , 1987 . is 11/ / 0 / M. - , 'VA if Taff 4AYOR r - N " •�t RECORD VERIFIED Y in JED?ITTMAN -`__ _ i Pasco Co: �,' `' ° 4z Clerk Circ i ourt }" -- - t t 8v ii • Si .r4 !.? _'It. __.:e c cs � ? r 1 U l PV*R. " . cn __i 1 h+', g5 WWW0�� ':,yj V A 'v IO. R. 1611PG 1113