a)

In general. The adopted building codes regulate construction, alteration, repair, use and occupancy, location, maintenance, removal, demolition, or renovation of any building, structure, or appurtenance and any related mechanical, plumbing, or electrical device or system, within the Town.

b)

Adopted Building Codes. The following building codes and any supplements to them which exist or may be included in the future, are hereby adopted by reference and incorporated herein:

The 1998 Florida Legislature amended Chapter 553, Florida Statutes (FS), Building Construction Standards, to create a single state building code that is enforced by local governments. As of March 1, 2002, the Florida Building Code, which is developed and maintained by the Florida Building Commission, supersedes all local building codes. The Florida Building Code is updated every three years and may be amended annually to incorporate interpretations and clarifications.

1)

Scope.

a)

The Florida Building Code is based on national model building codes and national consensus standards which are amended where necessary for Florida's specific needs, The code incorporates all building construction-related regulations for public and private buildings in the State of Florida other than those specifically exempted by Section 553,73, Florida Statutes, It has been harmonized with the Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services, Office of the State Fire Marshal, to establish unified and consistent standards,

b)

The base codes for the 2009 edition of the Florida Building Code include: the International Building Code®, 2009 edition; the International Plumbing Code®, 2009 edition; the International Mechanical Code®, 2009 edition; the International Fuel GasCode®, 2009 edition; the International Residential Code®, 2009 edition; the International Existing Building Code®, 2009 edition; the International Energy Conservation Code, 2009; the National Electrical Code, 2008 edition; substantive criteria from the American Society of Heating, Refrigerating and Air-conditioning Engineers' (ASHRAE) Standard 90,1-2004/2007, State and local codes adopted and incorporated into the code include the Florida Building Code, Accessibility and special hurricane protection standards for the high-velocity hurricane zone,

c)

The code is composed of nine main volumes: the Florida Building Code, Building, which also includes state regulations for licensed facilities; the Florida Building Code, Plumbing; the Florida Building Code, Mechanical; the Florida Building Code, FuelGas; the Florida Building Code, Existing Building; the Florida Building Code, Residential; the Florida Building Code, EnergyConservation; the Florida Building Code, Accessibility and the Florida Building Code, Test Protocols for High-Velocity HurricaneZones, Chapter 27 of the Florida Building Code, Building, adopts the National Electrical Code, NFPA 70, by reference,

d)

Under certain strictly defined conditions, local governments may amend requirements to be more stringent than the code. All local amendments to the Florida Building Code must be adoptedby local ordinance and reported to the Florida Building Commission then posted on www.floridabuilding.org in Legislative format for a month before being enforced, Local amendments to the Florida Building Code and the Florida Fire Prevention Code may be obtained from the Florida Building Commission web site, or from the Florida Department of Community Affairs or the Florida Department of Financial Services, Office of the State Fire Marshal, respectively,

1)

Adoption and maintenance.

a)

The Florida Building Code is adopted and updated with new editions triennially by the Florida Building Commission. It is amended annually to incorporate interpretations, clarifications and to update standards. Minimum requirements for permitting, plans review and inspections are established by the code, and local jurisdictions may adopt additional administrative requirements that are more stringent. Local technical amendments are subject to strict criteria established by Section 553.73, F.S. They are subject to commission review and adoption into the code or repeal when the code is updated triennially and are subject to appeal to the Commission according to the procedures established by Section 553.73, F.S.

b)

Ten Technical Advisory Committees (TACs), which are constituted consistent with American National Standards Institute (ANSI) Guidelines, review proposed code changes and clarifications of the code and make recommendations to the Commission. These TACs whose membership is constituted consistent with American National Standards Institute (ANSI) Guidelines include: Accessibility; Joint Building Fire (a joint committee of the Commission and the State Fire Marshal); Building Structural; Code Administration/Enforcement; Electrical; Energy; Mechanical; Plumbing and Fuel Gas; Roofing; and Special Occupancy (state agency construction and facility licensing regulations).

c)

The Commission may only issue official code clarifications using procedures of Chapter 120, Florida Statutes. To obtain such a clarification, a request for a Declaratory Statement (DEC) must be made to the Florida Building Commission in a manner that establishes a clear set of facts and circumstances and identifies the section of the code in question. Requests are analyzed by staff, reviewed by the appropriate Technical Advisory Committee, and sent to the Florida Building Commission for a first action. Draft Declaratory Statements are subject to public comment and are finalized by the Commission at its next meeting. These interpretations establish precedents for situations having similar facts and circumstances and are typically incorporated into the code in the next code amendment cycle. Non-binding opinions are available from the Building Officials Association of Florida's web site (www.BOAF.net):

101.1 Title. These regulations shall be known as the Florida Building Code hereinafter referred to as "this code".

101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

2)

Exceptions:

a)

Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential.

b)

Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with the Florida Building Code:

101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to fire fighters and emergency responders during emergency operations.

101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

101.4.2 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

101.4.3 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

101.4.4 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

101.4.5 Property maintenance. Reserved.

101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

101.4.7 Energy. The provisions of Chapter 13 of the Florida Building Code, Building shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.8 Accessibility. For provisions related to accessibility, refer to Chapter 11 of the Florida Building Code, Building.

101.4.9 Manufactured buildings. For additional administrative and special code requirements, see section 428, Florida Building Code, Building, and Rule 9B-1 F.A.C.

(Ord. No. 2012-04, § 1(Exh. A), 11-5-2012)

State Law reference— Florida Building Code, § 553.70 et seq.

a)

In general. The adopted fire codes regulate the storage, use or handling of hazardous materials, substances or devices in order to afford reasonable protection of life and property from the hazards of fire and explosion, and from conditions hazardous to life or property in the use or occupancy of buildings and premises.

b)

Adoption of Standard Fire Prevention Code. The Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services, Office of the State Fire Marshal, or subsequent revisions, the National Fire Protection Association's Standard 1, and the NFPA 101 Life Safety Code, shall contain or incorporate by reference all fire safety laws and rules that pertain to and govern the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities, and the enforcement of such fire safety laws and rules. The Florida Fire Prevention Code, which shall operate in conjunction with the Florida Building Code, is hereby adopted and shall be enforced as the minimum fire safety code required by this section. The minimum fire safety codes do not apply to buildings and structures subject to the uniform fire safety standards under F.S. § 633.206 and buildings and structures subject to the minimum fire safety standards adopted pursuant to F.S. § 394.879.

c)

Fire Safety Inspection Requirements. In accordance with the provisions of the Florida Fire Prevention Code, non-residential occupancies are required to complete a satisfactory fire safety inspection within a certain annual frequency based on the type of occupancy.

1.

Definitions. Occupancy types are classified as follows:

a)

High Risk: An occupancy that has a high frequency of fires, high potential for loss of life or economic loss, or that has a low or moderate history of fires or loss of life, but the occupants have a high dependency on built-in fire protection features and/or staff to assist in evacuation during a fire or other emergency. Examples include apartment buildings, hotels, dormitories, lodging and rooming, assembly (occupancy of fifty (50) and over), child care facilities, jails/detention facilities, education facilities, hospital, assisted living facilities, and similar health care facilities, etc.

b)

Moderate Risk: An occupancy that has a moderate frequency of fires of a moderate potential for loss of life or economic loss. Examples include surgical centers, urgent care centers, ambulatory health care, and industrial.

c)

Low Risk: An occupancy that has a low frequency of fires or a low potential for loss of life or economic loss. Examples include storage, mercantile, business.

d)

Critical Infrastructure: Water treatment plants, power plants, special structures, public safety buildings, etc.

2.

Fire Safety Schedule. The minimum fire safety inspection frequency shall be as follows:

a)

High Risk Occupancies require an inspection annually.

b)

Moderate Risk Occupancies require an inspection every two (2) years.

c)

Low Risk Occupancies require an inspection every three (3) years.

d)

Critical Infrastructure require inspections based on the authority having jurisdiction.

3.

Change of Occupancy Inspection Requirement. Businesses and/or non-residential tenants are required to complete satisfactory building and fire safety inspections prior to occupying the building, where no applicable interior build-out building permit applications were submitted to the building department to review for compliance with the Code for such building and fire safety components within the non-residential unit. Businesses and/or non-residential tenants can be exempted from the change of occupancy inspection if the last inspection conducted was found to be in compliance with the fire safety schedule found in section 16-2).c).2).

d)

Bonfires and Outdoor Rubbish Fires.

1)

No person shall kindle or maintain an open bonfire or rubbish fire of any nature, or authorize any such fire to be kindled or maintained.

2)

Exceptions:

a)

This prohibition against open fires shall not apply to campfires conducted by eleemosynary, civic, educational or charitable associations, to the outdoor cooking of food, or to training fires conducted by Town or county fire departments, or agricultural district, or other controlled burns conducted by or under the authority or direction of the State of Florida Division of Forestry. Those igniting fires excepted from the prohibition against open burning shall, at least one (1) hour prior to igniting any said exempted fire, notify the Town.

b)

No person shall kindle or maintain any exempt fire or authorize any such fire to be kindled or maintained on any private land unless:

1.

The location is not less than fifty (50) feet from any structure and adequate provision is made to prevent fire from spreading to within fifty (50) feet of any structure.

2.

The fire is constantly attended by a competent person until such fire is extinguished. The person shall have a hose connected to a water supply or other fire extinguishing equipment readily available for use.

c)

Burning of material in association with land clearing activities shall be in accordance with the following conditions:

1.

The open burning is restricted to the site where the land clearing debris was generated.

2.

The fire is ignited after 8:00 a.m. and shall have no visible flame one (1) hour before sunset or anytime thereafter, except in smoke sensitive areas as determined by the Florida Forest Service, where the fire must be extinguished no later than one (1) hour before sunset.

3.

Prior to conducting the open burning, the person responsible for the burn contacts the Florida Forest Service and Town of Lady Lake Code Enforcement regarding the planned burning activity.

4.

No more than one (1) burn pile may be burning at any given time on residentially zoned property, or upon property which is adjacent to residentially zoned property, which have homes that are already constructed or are under construction. Such pile shall be limited to a footprint of no larger than nine hundred (900) square feet (thirty (30) feet x thirty (30) feet), and material shall be stacked no higher than twelve (12) feet in total, not to exceed eight (8) feet off of the ground with a four (4) feet deep burning pit. Multiple burning piles can be considered and approved on a case by case basis by the fire inspector.

5.

If the open burning resulting from the land clearing operation is creating a nuisance, as determined by the environmental protection officer or the local firefighting authority having jurisdiction, then the environmental protection officer and the chief of the local firefighting authority having jurisdiction have the authority to suspend or defer open burning. The use of an air curtain incinerator shall be used for burning in and adjacent to residential areas. A waiver from an air curtain incinerator can be reviewed on a case by case basis; however, at a minimum, the burning pile shall be located at least one thousand five hundred (1,500) feet apart from the nearest occupied structure(s).

6.

Open burning will require the submittal and approval of an application and burning plan showing accurate dimensions and exact location of the proposed burning pile. A fee will be assessed in accordance with the adopted fee schedule and an inspection will be conducted accordingly by Town staff and/or designee.

(Ord. No. 2012-04, § 1(Exh. A), 11-5-2012; Ord. No. 2016-44, § 1(Exh. A), 2-6-2017)

State Law reference— Fire safety standards, § 633.0215 et seq.

The provisions of this article relate to the construction and fire safety codes for development. It shall be the duty of the building official or designee to enforce this article.

(Ord. No. 2012-04, § 1(Exh. A), 11-5-2012)

a)

In general. No building or other structure shall be erected, demolished, moved, added to, or structurally altered without a permit, issued by the Building Official. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use, and occupancy, location, maintenance, removal, and demolition of every public and private building, structure, or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures, or facilities. Additions, alterations, repairs, and changes of use of occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of the Florida Building Code, Building, as amended.

b)

Exemptions. The following buildings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined in the legislature and provided by law:

1.

Building and structures specifically regulated and pre-empted by the federal government.

2.

Railroads and ancillary facilities associated with the railroad.

3.

Non-residential farm buildings on farms.

4.

Temporary buildings or sheds used exclusively for construction purposes.

5.

Mobile or modular structures used as temporary offices, except that the provisions of Part II (F.S. §§ 553.501—553.513) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.

6.

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

7.

Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises.

8.

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 hut 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.

9.

Family mausoleums not exceeding two hundred fifty (250) square feet (23m ² ) 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.

10.

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

11.

A building or structure having less than one thousand (1,000) square feet (93km ² ) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure:

a.

Is not rented or leased or used as a principal residence;

b.

Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and

c.

Is not connected to an off-site electric power or water supply.

12.

Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

13.

Swing and other playground equipment accessory to detached one and two-family dwelling.

(Ord. No. 2012-04, § 1(Exh. A), 11-5-2012; Ord. No. 2016-44, § 1(Exh. A), 2-6-2017)

a)

Application documents. Application for building and building related permits shall be submitted to the building official. Such submittal shall include the application form as provided by the Town, together with all required associated documents and fees depending upon the type of permit being sought as further described below:

1)

Building permit. Applications for constructing new buildings and additions to existing buildings shall include the following:

A)

Residential. Two (2) complete sets of drawings (minimum size eighteen inches by twenty-four inches (18" x 24") to include floor plan (with all rooms identified), electrical, plumbing, four (4) elevations and typical wall sections, and two (2) copies of recorded plat or certified survey (minimum size eleven inches by seventeen inches (11" x 17") showing the following information:

1.

The location of all structures existing and proposed for the site.

2.

The dimensions and setbacks of all proposed structures.

3.

The location of septic systems, if applicable.

4.

The location of easements and/or rights-of-way on or adjacent to site.

5.

The location of all proposed driveways.

6.

Scale - minimum one-quarter (¼) inch scale.

B)

Other sites. Two (2) complete sets of plans (minimum size twenty-four inches by thirty-six inches (24" x 36") signed and sealed by an architect or engineer registered in the State of Florida, two (2) copies of property survey certified by a professional land surveyor licensed in the State of Florida, and one (1) approved copy of site development plan.

C)

Exceptions. The site development plan may be omitted if the proposed improvement is completely interior to an existing structure and does not alter any exterior dimensions of any improvement on the site.

D)

Homeowner forms. Homeowner forms (owner/builder) must be signed by any homeowner who applies for a building permit.

2)

Building, electrical, plumbing, and mechanical permit.

A)

Applications for work which is regulated by any of the adopted codes, other than the Standard Building Code, shall include two (2) complete sets of plans showing the proposed work in sufficient detail and clarity to allow for a thorough plan examination to determine compliance with all applicable Code provisions.

B)

Exceptions. The plans may be omitted upon determination by the building official that the work is relatively minor in scope, routine in nature, and can be adequately described on the application without any additional documents.

3)

Irrigation permit. A permit is required for connection to the water supply and shall include a rain sensor device or switch which will over-ride the irrigation cycle of the sprinkler system pursuant to F.S. Ch. 373.62, or as amended.

[b)]

Applicant's credentials. Each applicant for any permit shall be properly licensed and insured in accordance with current State of Florida, Lake County and Lady Lake laws and regulations.

An owner-builder, who meets all the criteria established by law as determined by the Town, provided that an Unlicensed Contractor Affidavit is sworn to by such owner-builder and witnessed by a Notary Public, may apply for a building permit to construct on his own property.

[c)]

Application review process.

1)

When any permit application is submitted to the building official, the application and the applicant's credentials shall be verified to ensure that they are complete and are accompanied by all required information and documents. Once verified, the application and all accompanying documents shall be stamped with the date. The building official shall not accept any applications from any person who does not have the proper credentials, nor shall the building official accept any application which is not complete or has any required information or document omitted. In the event the application is found to be incomplete, the building official shall promptly notify the applicant that the application is incomplete, and shall return the application to the applicant to obtain the missing information.

2)

The building official shall review the application and documents for compliance with applicable codes and regulations.

A)

Disapproval. If the building official determines that the documents are not in compliance with all applicable codes and regulations then the applicant shall be informed of the reason for disapproval, and an ongoing dialogue with the applicant shall be maintained to facilitate a resolution of the problem.

B)

Approval. If the building official determines that the documents are in compliance with all applicable codes and regulations and that there is no need for a preliminary inspection of the subject property, the Building Official shall promptly issue the permit.

3)

Upon approval from the building official, the applicant shall be contacted by the Town and informed that the permit is ready to be picked up and that the final fees need to be paid.

(Ord. No. 2006-77, § 1C.(Exh. C), 12-22-2006; Ord. No. 2012-04, § 1(Exh. A), 11-5-2012)

a)

License to proceed. A permit is simply a license to proceed with the proposed work, and grants no authority to violate, cancel, alter, or set aside any applicable code, regulation, requirement, ordinance or law, regardless of what may be shown or omitted on the permit documents.

b)

Time limits.

1)

The work authorized by a permit shall be commenced within one hundred eighty (180) days after its issuance or the permit shall become null and void. The permit is valid for one (1) year from the date of issuance.

2)

If the work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the work has commenced, then the permit shall become null and void.

3)

Extensions. With good cause, one (1) or more extensions of time, for periods not exceeding ninety (90) days each, may be allowed for construction. All such extension requests shall be submitted by the owner or authorized agent to the building official in writing and such approval of the extension request shall be in writing by the building official.

c)

Fees. All building permit fees and related fees shall be paid in accordance with the current fee schedule adopted by the Town Commission.

d)

Posting permit on job site. No work requiring a permit shall commence until the issued permit placard is conspicuously posted on the job site in such manner and location that affords it protection from the weather and allows the inspector to conveniently make written entries. If the placard is lost or destroyed, a duplicate replacement shall be secured from the Town on the first workday after such loss.

(Ord. No. 2012-04, § 1(Exh. A), 11-5-2012)

a)

Preliminary inspection. Before a permit is issued, the Building Official may examine any building for which an application has been received for a permit to enlarge, alter, repair, move, demolish, or change of occupancy.

b)

Required inspections. Upon twenty-four (24) hour advance notice from the contractor of record (permit holder), inspections shall be conducted per the Southern Building Code, latest edition, which may include but not be limited to:

1)

Temporary electric service. This inspection shall be conducted after the temporary service equipment is in place, with the meter socket open, main disconnect installed, grounding installed, bracing in place, and any non-watertight equipment protected from rain.

2)

Footer. This inspection shall be conducted after the site is excavated with the trenches open, forms in place, and reinforcement secured.

3)

First rough plumbing and electric. This inspection shall be conducted after the under-slab plumbing piping and electrical raceways are in place, with the piping exposed at all joints, drains holding a ten (10) foot water head, and distribution piping holding one hundred (100) p.s.i. pressure (air or hydrostatic).

4)

Slab inspection. This inspection shall be conducted after the excavation is back filled, compacted, and treated for pest control, with the vapor barrier in place, slab reinforcement in place, and any necessary form work in place.

5)

Roof deck nailing inspection. This inspection shall be conducted prior to application of building paper.

6)

Framing inspection or rough structural inspection. This inspection shall be conducted after the structural members are erected and secured, with wind load ties installed, all bracing installed, firestops in place, sub-sheathing attached, windows installed, roof dried in and any work that will be covered or concealed prior to the next inspection, installed.

7)

Electrical second rough inspection. This inspection shall be conducted after all wiring, raceways, equipment, and device boxes that will be covered or concealed prior to the next inspection, are installed.

8)

Plumbing second rough inspection. This inspection shall be conducted after all piping, vents, valves, fixtures, and anything that will be covered or concealed prior to the next inspection, are installed.

9)

Mechanical rough inspection. This inspection shall be conducted after all duct work, fire dampers, equipment and anything that will be covered or concealed prior to the next inspection, are installed.

10)

Insulation inspection. To verify insulation is installed properly and meets energy code requirements.

11)

Final inspection. This inspection shall be conducted after the electric, water, and sewer utilities are hooked up, heating and cooling system is functioning, all code required items are installed, grading is finished, landscaping is completed, driveways and sidewalks are installed, the property is cleared of all construction debris and waste, temporary toilet is removed, temporary electric pole is taken down, house numbers are visible from the street, any Town agreements, conditions, or restrictions are complied with, and all fees are paid in full.

c)

Combination inspections. The framing, electrical second rough, plumbing second rough, and mechanical rough inspections shall be combined into a combination inspection, whenever possible.

(Ord. No. 2012-04, § 1(Exh. A), 11-5-2012)

a)

Building occupancy. No new building or addition shall be used or occupied in whole or in part, nor shall there be any change of occupancy, change in use, or change in nature of a use, until after the Building Official issues an appropriate certificate of occupancy.

b)

Contents of certificate of occupancy. A certificate of occupancy shall contain the recognized street address of the subject property and the common name of the property. For commercial and industrial development a certificate of occupancy shall also contain the nature of the occupancy, the number of occupants permitted, and the maximum floor loading when it is limited.

(Ord. No. 2012-04, § 1(Exh. A), 11-5-2012)

SECTION 101 GENERAL

101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of the Town of Lady Lake hereinafter referred to as "this ordinance".

101.2 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.

101.3 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.

101.4 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.

101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered 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.

101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of the Town Commission of the Town of Lady Lake 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 102 APPLICABILITY

102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the Town of Lady Lake, as established in Section 102.3 of this ordinance.

102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for Lake County, Florida and Incorporated Areas dated July 3, 2002, 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 Town of Lady Lake, Growth Management Department, 409 Fennell Blvd., Lady Lake, FL 32159.

102.4 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 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.

102.5 Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law.

102.6 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, storm water 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.

102.7 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.

SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR

103.1 Designation. The Town Planner or a designated Growth Management Department Representative is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.

103.2 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 Section 107 of this ordinance.

103.3 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;

7.

Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this 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 requirements of this ordinance.

103.4 Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

1.

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

2.

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

3.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement"; 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.

103.5 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 Section 107 of this ordinance.

103.6 Notices and orders. The Floodplain Administrator and the Building Official shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance.

103.7 Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 106 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.

103.8 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 103.4 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 six (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 to determine that such certifications and documentations are complete; and

5.

Notify the Federal Emergency Management Agency when the corporate boundaries of the Town of Lady Lake are modified.

103.9 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 Map 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 Town of Lady Lake, Growth Management Department, 409 Fennell Blvd., Lady Lake, FL 32159.

SECTION 104 PERMITS

104.1 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.

104.2 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.

104.3 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 C.F.R. 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, Building 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.

Non-residential farm buildings on farms, as provided in section 604.50, F.S.

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, F.S., 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 hut 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), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps.

104.4 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.

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.

104.5 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.

104.6 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.

104.7 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.

104.8 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. John's River Water Management District; section 373.036, F.S.

2.

Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.

3.

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; Section 161.055, F.S.

4.

Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

5.

Federal permits and approvals.

SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS

105.1 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 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 105.2(2) or (3) 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 five (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 Section 105.2(1) of this ordinance.

4.

Location of the proposed activity and proposed structures, and locations of existing buildings and structures.

5.

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

6.

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

7.

Existing and proposed alignment of any proposed alteration of a watercourse.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this 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.

105.2 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.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

2.

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.

3.

Where base flood elevation data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

a.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or

b.

Specify that the base flood elevation is three and a half (3 1/2) 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 three and a half (3 1/2) feet.

4.

Where the base flood elevation data is 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.

105.3 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 105.4 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, hydrologic and hydraulic analyses that demonstrate 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 105.4 of this ordinance.

105.4 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 106 INSPECTIONS

106.1 General. Development for which a floodplain development permit or approval is required shall be subject to inspection.

106.2 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.

106.3 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.

106.4 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 105.2(3)(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.

106.5 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 106.1.2.1 of this ordinance.

106.6 Manufactured homes. The Floodplain Administrator 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 Floodplain Administrator.

SECTION 107 VARIANCES AND APPEALS

107.1 General. The Town Commission 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), F.S., the Town Commission 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.

107.2 Appeals. The Town Commission 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 may appeal such decision to the Circuit Court, as provided by Florida Statutes.

107.3 Limitations on authority to grant variances. The Town Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 107.7 of this ordinance, the conditions of issuance set forth in Section 107.8 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Town Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance.

107.4 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 105.3 of this ordinance.

107.5 Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 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.

107.6 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 107.4, 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.

107.7 Considerations for issuance of variances. In reviewing requests for variances, the Town Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following:

1.

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

4.

The importance of the services provided by the proposed development to the community;

5.

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

6.

The compatibility of the proposed development with existing and anticipated development;

7.

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

8.

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

9.

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

10.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

107.8 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 Town Commission that:

a.

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

b.

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

c.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

3.

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and

4.

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

SECTION 108

108.1 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.

108.2 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.

108.3 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 Town of Lady Lake Land Development Regulations, Chapter 16, Article II, Section 16-52 and Florida Building Code, Section 108.4.

(Ord. No. 2012-04, § 1(Exh. B), 11-5-2012; Ord. No. 2016-44, § 1(Exh. A), 2-6-2017)

SECTION 201 GENERAL

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section.

201.2 Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.

201.3 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.

SECTION 202 DEFINITIONS

Please refer to Chapter 2 - Definitions and Interpretations of the Town of Lady Lake Land Development Regulations, and as amended.

(Ord. No. 2012-04, § 1(Exh. B), 11-5-2012)

SECTION 301 BUILDINGS AND STRUCTURES

301.1 Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 104.3 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.

SECTION 302 SUBDIVISIONS

302.1 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.

302.2 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;

2.

Where the subdivision has more than 50 lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105.2(1) of this ordinance; and

3.

Compliance with the site improvement and utilities requirements of Section 303 of this ordinance.

SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS

303.1 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.

303.2 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, F.A.C. 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.

303.3 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, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.

303.4 Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

303.5 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.

SECTION 304 MANUFACTURED HOMES

304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance.

304.1.1 Limitations on installation in floodways. New installations of manufactured homes shall not be permitted in floodways.

304.2 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. Foundations for manufactured homes subject to Section 304.6 of this ordinance are permitted to be reinforced piers or other foundation elements of at least equivalent strength.

304.3 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.

304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.5 or 304.6 of this ordinance, as applicable.

304.5 General elevation requirement. Unless subject to the requirements of Section 304.6 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 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).

304.6 Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 304.5 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.

304.7 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such enclosed areas.

304.8 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.

SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS

305.1 Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:

1.

Be on the site for fewer than 180 consecutive days; or

2.

Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements of Section 304 of this ordinance for manufactured homes.

SECTION 306 TANKS

306.1 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.

306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 306.3 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.

306.3 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.

306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

1.

At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

2.

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

SECTION 307 OTHER DEVELOPMENT

307.1 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 303.4 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 or meet requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.

307.2 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 303.4 of this ordinance.

307.3 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 303.4 of this ordinance.

307.4 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 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3 (3) of this ordinance.

(Ord. No. 2012-04, § 1(Exh. B), 11-5-2012; Ord. No. 2016-44, § 1(Exh. A), 2-6-2017)

Editor's note— Ord. No. 2016-44, § 1(Exh. A), adopted Feb. 6, 2017, repealed § 16-84, which pertained to administrative amendments to the Florida Building Code and derived from Ord. No. 2012-04, § 1(Exh. B), adopted Nov. 5, 2012.

Section 501-Florida Building Code, Building-Technical Amendments. Sec. 1612.2, Florida Building Code, Building

Modify a definition as follows:

SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a three (3) year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the three (3) year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this ordinance. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Sec. 1612.4, Florida Building Code, Building. Add a new Sec. 1612.4.1 as follows:

1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 1½ feet (457.20 mm), whichever is higher.

Section 502-Florida Building Code, Existing Building- Technical Amendments. Sec. 202, Florida Building Code, Existing Building - Modify a definition as follows:

SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a three (3) year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the three (3) year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this ordinance. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Section 503-Florida Building Code, Residential- Technical Amendments. Sec. 322.2.1, Florida Building Code, Residential - Modify Sec. R322.2.1 as follows:

R322.2.1 Elevation requirements.

1.

Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1½ feet or the design flood elevation, whichever is higher.

2.

Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1½ feet or to the design flood elevation, whichever is higher.

3.

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1½ feet, or at least 3½ feet if a depth number is not specified.

4.

Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1½ feet or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.

Sec. 322.3.2, Florida Building Code, Residential. Modify Sec. R322.3.2 as follows:

R322.3.2 Elevation requirements.

1.

All buildings and structures erected within coastal high-hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is:

1.1

Located at or above the base flood elevation plus 1½ feet or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the direction of approach, or

2.

Located at the base flood elevation plus 2½ feet or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of approach.

3.

Basement floors that are below grade on all sides are prohibited.

4.

The use of fill for structural support is prohibited.

5.

Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways.

Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5.

(Ord. No. 2012-04, § 1(Exh. B), 11-5-2012)

State Law reference— Penalty for ordinance violations, F.S. §§ 162.21, 775.08.