Title 63 · Chapter 63 - ENVIRONMENTAL PROTECTION

Chapter 63 - ENVIRONMENTAL PROTECTION

Section: 63

Sec. 62.709. - Recommendation of Demolition. Chapter 64 - SIGNS Chapter 63 - ENVIRONMENTAL PROTECTION

PART 1. - GENERAL REQUIREMENTS

Sec. 63.100. - Relationship to the Growth Management Plan.

The Environmental Protection requirements of this Chapter implement GMP Conservation Goal #1, to balance important environmental and conservation concerns, including air quality, water quality, groundwater, the protection of environmentally sensitive lands and endangered species with the need for residential, industrial, and commercial development. The requirements of this Chapter also implement the following objectives: 1) to ensure that all applicable Federal and State air quality standards for attainment are maintained; 2) to maintain a systematic program for identifying and evaluating water quality problems related to the area's surface and groundwaters; 3) to identify and eliminate, wherever possible, all known sources of water pollution; 4) to develop comprehensive wetland, vegetation, and endangered species protection regulations; and 5) to establish methods of protecting all types of environmentally sensitive lands, including valuable upland communities, wherever possible.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.101. - Purpose of Environmental Protection Requirements.

The environmental protection requirements of this Chapter are intended to protect the health, safety and welfare of the residents of the City of Orlando as well as to protect natural areas, by regulating potential nuisance features of certain land uses and regulating development activity in areas identified as natural hazards or natural resources.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.102. - When Environmental Protection Requirements Apply.

All uses in all districts shall conform to the requirements of this Chapter. Wherever the requirements of these Sections establish "Class A" and "Class B" standards, Heavy Manufacturing and Processing uses shall conform to at least a Class B standard and all other uses shall conform to at least a Class A standard. Areas not zoned Conservation or Resource Protection may be subject to the Environmental Protection requirements in this Chapter.

(Ord. of 9-16-1991, Doc. #25100)

Secs. 63.103—63.199. - Reserved.

PART 2. - SPECIFIC REQUIREMENTS

2A. - AIR QUALITY (RESERVED)

Secs. 63.200—63.209. - Reserved.

2B. - ELECTRO-MAGNETIC INTERFERENCE

Sec. 63.210. - General Requirements.

All uses in all districts shall conform to the following requirements.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.211. - Operation of Equipment.

No use may create any electromagnetic disturbance which adversely affects any operations or equipment other than those of the creator of the disturbance.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.212. - Radio Signals.

No use may otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such interference is adversely affected.

(Ord. of 9-16-1991, Doc. #25100)

Secs. 63.213—63.219. - Reserved.

2C. - FLOODPLAINS[1]

Footnotes: --- (1) ---

Editor's note— Ord. No. 2018-27, § 2, adopted May 29, 2018, Doc. #1805291205, repealed the former Part 2C , §§ 63.220—63.231, and enacted a new Part 2C as set out herein. The former Part 2C pertained to similar subject matter Ord. of 9-16-1991, Doc. #25100; Ord. of 11-28-1994, Doc. #28065; Ord. No. 2016-41, § 1, 5-9-2016, Doc. #1605091201.

Sec. 63.220. - Floodplains, General.

(a)

Title. These regulations, with Chapter 65 Part 6D and Part 6E shall be known as the Floodplain Regulations of the City of Orlando, hereinafter referred to as "the Floodplain Regulations."

(b)

Scope. The provisions of this Part 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. Where stated explicitly, certain provisions of this Part apply to development in all areas of the City, including outside of mapped special flood hazard areas.

(c)

Intent. The purposes of this Part 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:

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

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;

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;

Minimize damage to public and private facilities and utilities;

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations (C.F.R.), Section 59.22.

(d)

Coordination with the Florida Building Code. The Floodplain Regulations are 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.

(e)

Warning. The degree of flood protection required by this Part and the Florida Building Code, as amended by the City, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. The Floodplain Regulations do 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 C.F.R., Sections 59 and 60, may be revised by the Federal Emergency Management Agency, requiring the City 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 Part.

(f)

Disclaimer of Liability. The Floodplain Regulations shall not create liability on the part of City Council of the City of Orlando or by any officer or employee thereof for any flood damage that results from reliance on this Part or any administrative decision lawfully made thereunder.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

Sec. 63.221. - Applicability.

(a)

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

(b)

Areas to which this Part applies. The Floodplain Regulations shall apply to all flood hazard areas within the City of Orlando, as established in Section 63.221(c) of this Part. Where stated explicitly, certain provisions of this Part apply to areas outside of mapped special flood hazard areas.

(c)

Basis for establishing flood hazard areas. The Flood Insurance Study for Orange County, Florida and Incorporated Areas dated September 24, 2021, 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 Part and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City Clerk's Office.

(d)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 63.223 of this Part, 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 City indicates that ground elevations:

Are below the closest applicable base flood elevation or hydraulically connected to the special flood hazard area, even if 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 Part and, as applicable, the requirements of the Florida Building Code.

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.

(e)

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

(f)

Abrogation and greater restrictions. The Floodplain Regulations supersede any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this Part and any other ordinance, the more restrictive shall govern. The Floodplain Regulations shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this Part.

(g)

Interpretation. In the interpretation and application of this Part, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

Sec. 63.222. - Permits.

(a)

Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this Part, 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 Part and all other applicable codes and regulations has been satisfied.

(b)

Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to Chapter 65, Part 6D, Orlando City Code, and this Part 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.

(c)

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 and any further exemptions provided by law, which are subject to the requirements of this Part:

Railroads and ancillary facilities associated with the railroad.

Nonresidential farm buildings on farms, as provided in section 604.50, Florida Statutes.

Temporary buildings or sheds used exclusively for construction purposes.

Mobile or modular structures used as temporary offices.

Those structures or facilities of electric utilities, as defined in section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity.

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.

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.

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

Structures identified in section 553.73(10)(k), Florida Statutes, are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps

(d)

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 City. The information provided shall:

Identify and describe the development to be covered by the permit or approval.

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.

Indicate the use and occupancy for which the proposed development is intended.

Be accompanied by a site plan or construction documents as specified in Section 63.223 of this Part.

State the valuation of the proposed work.

Be signed by the applicant or the applicant's authorized agent.

Give such other data and information as required by the Floodplain Administrator.

For projects proposing to enclose areas under elevated buildings, include signed Declaration of Land Restriction (Nonconversion Agreement); the agreement shall be recorded on the property deed prior to issuance of the Certificate of Occupancy.

(e)

Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this Part shall not be construed to be a permit for, or approval of, any violation of this Part, 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.

(f)

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.

(g)

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 Part or any other ordinance, regulation or requirement of the City.

(h)

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:

The St. Johns River or South Florida Water Management Districts; section 373.036, Florida Statutes.

Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, Florida Statutes and Chapter 64E-6, Florida Administrative Code.

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

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.

Federal permits and approvals.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

Sec. 63.223. - Site Plans and Construction Documents.

(a)

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this Part shall be drawn to scale and shall include, as applicable to the proposed development:

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), regulatory flood elevation for closed basin lakes, and ground elevations if necessary for review of the proposed development. Flood zone(s), base flood elevation(s), ground elevations, and proposed building elevation shall be provided on a FEMA Elevation Certificate (FEMA Form 086-0-33).

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 63.223(b).2 or .3 of this Part.

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 63.223(b).1 of this Part.

Location of the proposed activity and proposed structures, locations of existing buildings and structures, and storage of materials or equipment.

Location, extent, amount, and proposed final grades of any filling, grading, excavation, drainage facilities and stormwater management plans; elevations shall be referenced to the datum on the FIRM.

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.

Existing and proposed alignment of any proposed alteration of a watercourse, and the extent to which any swamp, marsh, lake, or pond will be altered, relocated, or created.

Copy of the proposed stormwater management report and floodplain study, if any, complete with technical supporting data.

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

(b)

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:

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

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.

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

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

ii.

Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet.

Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(c)

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:

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 63.223(d) of this Part and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents prior to final approval of the proposed activity.

For development activities proposed to alter the boundaries of the special flood hazard area, the applicant shall submit analyses and documentation to FEMA as specified in Section 63.223(d) of this Part and shall submit the Conditional Letter of Map Revision, if issued by FEMA, to the Floodplain Administrator within 30 days of receipt of receiving such approval prior to the final approval of the proposed activity.

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.

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 63.223(d) of this Part.

(d)

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. When a Conditional Letter of Map Revision is issued by FEMA, within 30 days of completion of development, the applicant shall comply with FEMA's requirements for submission of final, constructed (as-built) plans and documentation required for issuance of final Letters of Map Revision. The Floodplain Administrator shall be provided copies of all related correspondence.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

Sec. 63.224. - Violations.

(a)

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this Part that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this Part, shall be deemed a violation of this Part. 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 Part or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.

(b)

Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this Part 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.

(c)

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205)

Sec. 63.225. - Definitions.

In addition to the definitions in Chapter 66, the following words and terms shall, for the purposes of this article, have the meanings shown in this section. Terms that are not defined in this article and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

Accessory structure: A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

Agricultural structure: For floodplain management purposes, a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

Alteration of a watercourse: A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

ASCE 24: A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Base flood: A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."

Base flood elevation: The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.]

Basement: The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)".]

Design flood: The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.]

(1)

Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or

(2)

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Declaration of Land Restriction (Nonconversion Agreement): A form provided by the Floodplain Administrator to be signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated buildings and to agree to the City's right to inspect under certain circumstances.

Design flood elevation: The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.]

Development: Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Encroachment: The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Existing building and existing structure: Any buildings and structures for which the "start of construction" commenced before September 3, 1980. [Also defined in FBC, B, Section 202.]

Federal Emergency Management Agency (FEMA): The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Flood damage-resistant materials: Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.]

Flood hazard area: The greater of the following two areas: [Also defined in FBC, B, Section 202.]

(1)

The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood Insurance Rate Map (FIRM): The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.]

Flood Insurance Study (FIS): The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.]

Floodplain Administrator: The office or position designated and charged with the administration and enforcement of this Part (may be referred to as the Floodplain Manager).

Floodplain development permit or approval: An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this Part.

Floodway: The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.]

Floodway encroachment analysis: An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

Florida Building Code: The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic structure: Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.

Letter of Map Change (LOMC): An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck: As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Lowest

floor: The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]

Manufactured

home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value: The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this Part, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.

New construction: For the purposes of administration of this Part and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 3, 1980, and includes any subsequent improvements to such structures.

Park trailer: A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.01, Florida Statutes.]

Regulatory flood elevation for closed basin lakes: For closed basin lake flood hazard areas. the regulatory flood elevation is the base flood elevation or data from the City of Orlando Streets & Stormwater Hydrologic Monitoring System, whichever is more restrictive. For the purposes of this Part and the Florida Building Code, in closed basin lakes the design flood elevation is the regulatory flood elevation for closed basin lakes.

Special flood hazard area: An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1—A30, AE, A99, AH, V1—V30, VE or V. [Also defined in FBC, B Section 202.]

Start of construction: The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.]

Substantial damage: Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 202.]

Substantial improvement: Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 202.]

(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 the alteration will not preclude the structure's continued designation as a historic structure.

Watercourse: A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

Sec. 63.226. - Buildings and Structures.

(a)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 63.222(c) of this Part, 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 63.231.1 of this Part.

(b)

Accessory structures. Accessory structures that are subordinate to and accessory to a primary structure are permitted below the base flood elevation provided the structures are used only for parking or storage and:

Are one-story and not larger than 600 sq. ft.

Have flood openings in accordance with Section R322.2 of the Florida Building Code. Residential.

Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

Have flood damage-resistant materials used below the base flood elevation plus one (1) foot.

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot. One electrical switch and one outlet are permitted if connected to a ground-fault interrupt breaker.

(c)

Temporary structures. Temporary structures are permitted below the base flood elevation provided the structure is mobile, or can be made mobile, and can be removed from intended locations with a minimum of four (4) hours warning, and remains on a site for less than 180 days. Temporary structures may be authorized only if the applicant submits a plan for removal of the structure. The plan for removal shall be attached to the permit, a copy shall be retained by the Floodplain Administrator, and a copy of the permit and plan shall be provided to the local emergency management coordinator. Plans for removal shall contain the following:

Name, address, phone number and emergency contact point for the individual responsible for removal;

The time at which the structure will be removed relative to anticipated flooding, such as landfall of a hurricane;

Copy of a contract or other suitable instrument with a trucking company to ensure availability for removal when needed, together with the name, address, and emergency phone number of the responsible trucking company agent;

Designation, accompanied by documentation of owner's consent, of a site outside of the special flood hazard area to which the temporary structure will be moved; and

Signatures of the applicant and owner of the temporary structure, agreeing to abide by the terms of the plans for removal.

(d)

Building elevation and drainage. At all locations in the City, including outside of mapped special flood hazard areas:

For buildings, lowest floors shall be at or above eighteen (18) inches above the crown of the nearest street or the elevation required by the Florida Building Code, whichever is higher.

Site plans for new buildings shall account for drainage from adjacent streets and adjacent properties, and shall show positive drainage away from buildings to approved points of collection without creating a hazard or drainage problem on adjacent properties.

(e)

Hazardous materials. Areas of buildings and structures used to store hazardous materials shall be elevated to or above the lowest floor elevation required by the Florida Building Code or shall be dry floodproofed.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

Sec. 63.227. - Subdivisions.

(a)

Minimum requirements. Subdivision proposals, including proposals for industrial and commercial subdivisions and manufactured home parks and subdivisions, shall be reviewed to determine that:

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

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

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.

(b)

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:

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats;

Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 63.223(b)1 of this Part; and

Compliance with the site improvement and utilities requirements of Section 63.228 of this Part.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205)

Sec. 63.228. - Site Improvements, Utilities and Limitations.

(a)

Minimum requirements. All proposed new development shall be reviewed to determine that:

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

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 designed for the subsidence hazard; and

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.

(b)

Sanitary sewage facilities. All new and replacement sanitary sewage facilities, and private sewage treatment plants (including all pumping stations and collector systems), shall be designed in accordance with 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. Installation of new septic systems in special flood hazard areas is prohibited.

(c)

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. New water wells shall be protected to the one foot above the base flood elevation or the regulatory flood elevation for closed basin lakes. Water wells to be abandoned shall be capped and sealed.

(d)

Limitations on stream encroachments. In special flood hazard areas without base flood elevations, or in special flood hazard areas with base flood elevations but without floodway designations, no encroachments, including fill material or structures, shall be located within a distance of a stream bank equal to five times the width of the stream at the top of bank or twenty (20) feet on either side from top of bank, whichever is greater.

(e)

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 63.223(c).1 of this Part demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(f)

Limitations on placement of fill. Subject to the limitations of this Part, 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.

(g)

Building elevation and drainage. At all locations in the City, including outside of mapped special flood hazard areas:

For buildings, lowest floors shall be at or above eighteen (18) inches above the crown of the nearest street or the elevation required by the Florida Building Code, whichever is higher.

(h)

Vehicle access and streets. Unless otherwise approved by the Floodplain Administrator:

Vehicle access to dry land above the base flood elevation shall be provided for new multi-family buildings and new commercial buildings located in flood hazard areas.

New streets in flood hazard areas shall have the driving surface not less than one (1) foot below the base flood elevation.

(i)

Compensating storage. Compensating storage shall be provided for fill placed in special flood hazard areas in accordance with the City of Orlando Engineering Standards Manual.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

Sec. 63.229. - Manufactured Homes.

(a)

General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, Florida Statutes, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this Part. Manufactured homes shall not be installed in floodways, except on existing lots or pads in existing manufactured home parks or subdivisions.

(b)

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 Part. At a minimum, foundations shall be reinforced piers placed on poured footings, or foundation elements of equivalent strength.

(c) 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.

(d)

Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas 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).

(e)

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

(f)

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.

(g)

Additions. Additions to manufactured homes are new construction. Additions shall be supported by independent foundation systems and shall comply with the requirements of this section.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

Sec. 63.230. - Recreational Vehicles and Park Trailers.

(a)

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

(b)

Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 63.230(a) of this Part for temporary placement shall meet the requirements of Section 63.229 of this Part for manufactured homes.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205)

Sec. 63.231. - Tanks.

(a)

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.

(b)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 63.231(c) of this Part 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.

(c)

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to 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.

(d)

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

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

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

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205)

Sec. 63.231.1. - Other Development.

(a)

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 Part or the Florida Building Code, shall:

Be located and constructed to minimize flood damage;

Meet the limitations of Section 63.228(e) of this Part if located in a regulated floodway;

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

Be constructed of flood damage-resistant materials; and

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24 and the latest Florida Building Code, 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.

(b)

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 63.228(e) of this Part.

(c)

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 63.228(e) of this Part.

(d)

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 63.228(e) of this Part. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 63.223(c)3 of this Part.

(Ord. No. 2018-27, § 2, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 1, 11-8-2021, Doc. #2111081204)

2D. - GROUNDWATER RECHARGE AREAS

These regulations will be amended to implement the Growth Management Plan by January 1, 1992.

Sec. 63.232. - Areas to Which These Standards Apply.

The requirements of this Part shall apply to all development sites located within the primary groundwater recharge areas shown generally in Figure 1. These areas are characterized by the following soils associations and/or percolation characteristics: (Reserved)

Challenge to Recharge Area Designation. The applicant may challenge the designation of land as a primary groundwater recharge area by securing competent expert evaluation, at his own expense, demonstrating that the land does not have the soils associations and/or percolation characteristics set forth in this Part. If the evaluation is concurred in by the City Engineer, the requirements of this Part shall not apply.

(Ord. of 9-16-1991, Doc. #25100; Ord. of 12-19-1994, Doc. #28065-1)

Sec. 63.233. - Post-Development Groundwater Infiltration Volumes.

Post-development groundwater infiltration rates and volumes within primary groundwater recharge areas shall meet the least restrictive of the following standards:

(a)

Post-development rates and volumes must be at least equal to pre-development rates and volumes; or

(b)

Post-development rates and volumes must achieve at least 70% infiltration to the aquifer of all on-site stormwater.

This standard may be achieved by means of natural infiltration, ponding for stormwater retention/detention, structural exfiltration systems or any other method which conforms to the requirements of the Orlando Urban Stormwater Management Manual (OUSWMM).

(Ord. of 9-16-1991, Doc. #25100; Ord. of 12-19-1994, Doc. #28065-1)

Sec. 63.234. - Use Limitations.

Uses shall be permitted in accordance with the Zoning District and Use Regulations of Chapter 58, except that the following uses shall be prohibited in all primary groundwater recharge areas:

(a)

Junk Yards.

(b)

Outside Storage of hazardous or toxic wastes.

(c)

Tank farms and other petroleum products storage.

(Ord. of 12-19-1994, Doc. #28065-1)

FIGURE III-19A: PRIMARY GROUNDWATER RECHARGE AREAS

Secs. 63.235—63.239. - Reserved.

2E. - HEAT

Sec. 63.240. - Heat to Which These Standards Apply.

The requirements of this Part shall apply to all heat emitted by any land use except types of heat specifically exempted below:

Exempt Types of Heat. The following types of heat emissions shall be exempt from the provisions of this Part:

(a)

Heat radiated from surface parking lots and vehicular use areas.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.241. - Maximum Heat Standards.

No use shall emit heat which at any time exceeds the following maximum measurable thresholds at the property line of any adjacent property, whether such measurement be in the air or on the ground, or in any structure on the adjacent property:

Class A Standard: No measurable temperature change.

Class B Standard: Not over 5° F temperature change.

(Ord. of 9-16-1991, Doc. #25100)

Secs. 63.242—63.249. - Reserved.

2F. - RESERVED[2]

Footnotes: --- (2) ---

Editor's note— Former part 2F, "Noise," which derived from Ord. of 9-16-1991, Doc. #25100, was repealed by the city council on January 24, 1994, Doc. #27189.

Secs. 63.250—63.259. - Reserved.

2G. - ODOR

Sec. 63.260. - Maximum Odor Standards.

No use in any district shall generate any odor which reaches the odor threshold as defined by this Chapter. Odor thresholds will be measured at the property line either at ground level or at any habitable elevation of the abutting property, in accordance with the American Society for Testing Materials publication d1391-GO (1974), "Standard Method for Measurement of Odor in Atmospheres," or its equivalent.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.261. - Exempt Odors.

The following types of odors shall be exempt from the maximum odor standards of this Part:

(a)

Common domestic odors from cooking, cleaning, etc.

(b)

Odors from temporary or seasonal agricultural harvesting activities not lasting over 45 days per calendar year.

(c)

Odors from temporary construction and maintenance activities between 7 AM and 9 PM except Sundays and holidays.

(Ord. of 9-16-1991, Doc. #25100)

Secs. 63.262—63.269. - Reserved.

2H. - STORMWATER MANAGEMENT

Note: Portions of the following regulations are also included in the Orlando Urban Stormwater Management Manual (OUSWMM).

Sec. 63.270. - Retention/Detention Facilities Requirements.

All development shall be required to provide pollution abatement as required by the water management district within which the development is located. The additional volume and rate of stormwater runoff generated by the building site due to development from a 25 year frequency, 24 hour duration storm event shall be controlled by a detention facility and released at a rate of discharge not to exceed the peak rate of discharge of the site in the predeveloped condition and conveyed to a point of legal and positive discharge.

(Ord. of 9-16-1991, Doc. #25100; Ord. No. 2016-41, § 1, 5-9-2016, Doc. #1605091201)

Sec. 63.271. - Specific Design Standards.

The specific design standards for stormwater retention/detention facilities shall be as set forth in the Orlando Urban Stormwater Management Manual (OUSWMM), Volume 2, as amended, which is hereby adopted for the purpose of establishing standards, criteria and design requirements to be applied by the City Engineer under this Chapter. A copy of the OUSWMM manual shall be on file with the City Clerk.

(Ord. of 9-16-1991, Doc. #25100; Ord. of 12-13-1999, § 17, Doc. #32494)

Secs. 63.272—63.279. - Reserved.

2I. - SURFACE WATER BODIES AND WETLANDS

DETERMINING ELEVATIONS AND BOUNDARIES

Sec. 63.280. - When Boundary Determination Standards Apply.

The standards contained in this Part for determining the normal high water elevation or boundary of any natural surface water body or wetland shall apply wherever the requirements of this Chapter necessitate that the location of such elevation or boundary be determined, such as for building setback requirements, septic tank setback requirements, and the jurisdictional boundaries for all regulated activities of regional water management districts.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.281. - Evidence of Elevation or Boundary.

The Normal High Water Elevation or Boundary shall be determined by the appropriate reviewing authority (the City Engineer for water bodies, and the Planning Official for wetlands) through compilation of relevant available evidence, specific to a particular water body or wetland, which should include the following when available:

Botanical Indicators. The presence of water for sufficient periods of time precludes the existence of terrestrial plant communities and tends to establish conditions whereby shoreline plant (hydrophytic) species inhabit the nearshore and shoreline areas. Since these communities tend to change slowly, they are widely utilized to accurately distinguish the uplands from those lands susceptible to the normal inundation of a specific waterbody or wetland. The normal high water elevation or boundary is typically indicated by that point where upland, terrestrial plant communities tend to terminate and shoreline (hydrophytic) plants are established as the prevalent plant community(ies). The hydrophytic species list established by the Florida Department of Environmental Regulation (DER) shall be used to characterize the aquatic habitat, as well as shoreline areas of a waterbody or wetland. Additional plant species may be used where they are shown to be relevant to a particular situation.

Physical Indicators. Physical indicators of normal highwater elevation include any observable physical feature along a given shoreline resulting from the presence of water in a given waterbody for sufficient periods of time so as to leave a physical line, mark, or other distinguishable feature including, but not limited to water marks on trees, on older docks and sea walls, and on older bridges and abutments. In order to accurately establish the normal high water elevation, the affidavits and like testimony of long-time residents living near a particular waterbody and other acceptable collateral evidence may be used as an acceptable indicator.

Geomorphological Indicators. The normal, sustained presence of water along a given shoreline of either lakes (still waters) or streams (flowing waters) tends to leave specific, surficial indications of that normal, sustained presence, such as deposits of organic silts, peat and muck, natural beach ridges, scarps, and levees. These deposits and other indicators may be multiple, depicting historical sustained low water elevations, average elevations, and high water elevations. The normal high water elevation is typically indicated by the most landward scarp, beach ridge or level found along a particular shoreline, and is likewise indicated by the highest or most landward silt, peat or muck deposits, or the most landward stratification of those deposits.

Water Level Records. Water level elevations obtained and recorded by any governmental agency, registered land surveyor, or others whose records are verifiable by the reviewing authority may be used to determine the normal high water elevation. These records shall be accorded less weight than other individual indicators provided herein unless such records cover a period of at least 15 years.

Controlled Lake Elevations. Where lake elevations are controlled by properly engineered structures, the normal high water elevation is presumed to be one-half foot above the control elevation. Where a normal high water elevation established by this method conflicts with the other indicators contained herein, the reviewing authority shall determine the elevation or boundary. The determinations should include, when available, all of the indicators contained herein, but may include additional hydrologic surveys or engineering studies when required or permitted by the reviewing authority.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.282. - Changes in Elevation or Boundary.

Indicators which determine the landward extent of water may change through time by the natural or man-induced occurrence of accretions, relictions, and avulsions. Therefore, the prior determination of a normal high water elevation or landward edge or boundary for a particular waterbody or wetland at a particular time shall not preclude later determinations of such then-existing elevation or boundary. Such elevation or boundary shall have no significance with respect to sovereign ownership, or with respect to establishing vertical control or stormwater frequency elevations.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.283. - Application for Change in Previously Determined Elevation or Boundary.

Whenever an applicant for a building permit, zoning approval, variance or other approval under this Chapter wants to change a previously determined normal high water elevation or boundary, the applicant shall prepare and submit a written report containing a proposed elevation or boundary and indicating the procedures used to determine such elevation or boundary to the appropriate reviewing authority. This report shall include the following:

Description of Water Body or Wetland. A general description of the water body or wetland, including the location, existing or proposed control structures, and an accurate description of the bench mark used.

Evidence of Changed Elevation or Boundary. A summary of elevations or boundaries related to botanical evidence, physical evidence, geomorphological evidence and water elevation records as defined in Section 63.281 (above) shall be submitted and certified by a Florida registered land surveyor. The summary shall include elevation readings at no less than three different locations to be used for projecting the normal high water elevation on lakes having a surface area of ten acres or less and elevation readings at no less than five different locations to be used for projecting the normal high water elevation on lakes having a surface area of more than ten acres. At each location, elevations or boundaries should be determined using as many of the previously described indicators as possible. Elevations should be based on Orange County Datum and should be calculated to the nearest tenth of a foot.

Review of the Application. Upon acceptance and review of the report referred to herein, the reviewing authority shall determine the normal high water elevation or boundary for a particular waterbody or wetland. Review of determinations rendered hereunder shall follow and be subject to the appropriate procedure, if any, applicable to the review of the original proceeding from which the elevation or boundary determination arose (i.e., building permit application procedure, zoning variance procedure, septic tank permit application procedure, etc.). This Chapter shall not be construed to give rise to any right to an interlocutory or intermediate appeal of the determinations of the reviewing authority.

(Ord. of 9-16-1991, Doc. #25100)

DREDGING, FILLING OR ERECTION OF STRUCTURES IN LAKES

Sec. 63.284. - Dredging Operations Prohibited From April 1 to November 1.

It is unlawful for any person to engage in dredging operations from April 1 to November 1 of any year and no Dredge and Fill Permit shall be issued permitting the activity; except, that the provisions of this Section may be waived by the City Council upon proper application for a Dredge and Fill Permit.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.285. - Standards of Operation Prescribed for Dredging and Fill Operations.

Any dredging or land fill operation permitted under this Chapter shall conform to the following standards of operation:

Qualified Person Must Be Present. If the quantity of material to be dredged or of land fill exceeds four hundred cubic yards, the holder of a Dredge and Fill Permit shall cause a qualified person selected by him and approved by the City Engineer to remain with the dredge during all dredging operations, and no dredging shall be done unless he is present. If in the judgment of this person the dredging or filling operation is causing the lake to become muddy or unsuitable for swimming, boating or other recreational activities to the users of the lake, or if the lake water shall become cloudy or milky from material remaining in suspension as defined in this Section (below) dredging and filling operations shall cease immediately.

Maintenance of Shoreline. In operations in which the quantity of dredging material or fill exceeds four hundred cubic yards, the City Engineer shall establish a shoreline or contour line, which shall be maintained by the construction of a temporary dirt wall or dam, formed either by dredging or dragline work in a direct line between the area to be filled and the lake. The outer or lakeward edge of this wall or dam shall be a minimum of twenty-five feet from the newly established contour line or property line and of sufficient height to retain any water pumped from the lake by hydraulic pumping operations. Settling basins shall be created on the lakeward side of the wall to prevent debris or silt from draining back into the lake. No material shall be permitted on the lakeward side of the wall to prevent the effect of extending the shoreline lakeward. Final new shoreline shall be created by means other than a dredging operation.

Suction Operations. No suction operation shall be permitted within two hundred feet of the established shoreline of any lake.

Minimum Water Depth. Dredging operations shall be done in water at least six feet deep, as established from the lake's low water line, to prevent forming holes or irregularities in the lake's bottom, which may be hazardous to people wading or swimming in the lake.

Cloudy or Milky Conditions. If the lake water becomes excessively cloudy or milky from material remaining in suspension during dredging operations, the dredging operations shall cease immediately and the dredge shall be moved to a different location in the lake. A cloudy or milky condition shall be defined for the purposes of this Section as a condition equal to or exceeding that produced by adding one quarter ounce of whole milk to one gallon of tap water from the Orlando Utilities municipal water system or other water of equal clarity. If the cloudiness of the lake water persists, it is the responsibility of the applicant under this Section to use all sanitary measures, ingredients and chemicals to coagulate and clear the milky condition before the dredging operation may resume. Corrective measures shall be submitted for approval to the City Engineer and all costs shall be borne by the applicant.

Lighting. In any dredging operation the dredge shall be provided with suitable light to be mounted on the dredge, which shall be visible for at least three hundred feet in all directions. The dredge lines running from the barge to the shore shall be marked and lighted at night to eliminate hazard to swimmers, boaters or other users of the lake.

Mitigation of Nuisances. The applicant under this Part shall use extreme care to prevent the dredging and fill operation from causing adverse or undesirable effects to other property owners and users of the lake.

Other Requirements. Draglines may be cast lakeward from along the shore. In order to determine the depth of any impermeable seal, as provided herein, the applicant shall make soundings and the excavation or dredging will not be done with depth that might penetrate the impermeable seal of clay, rock or hardpan, which could cause underground drainage of the lake. The dragline shall not create a slope with a ratio of more than ten to one. The material pulled in by the dragline operations may be used to build the dirt wall or dam referred to in this Section (above).

(Ord. of 9-16-1991, Doc. #25100)

Secs. 63.286—63.289. - Reserved.

2J. - WETLANDS

Sec. 63.290. - Lands to Which These Requirements Apply.

The wetlands requirements below shall apply to all areas determined to be wetlands upon an inspection and review of appropriate data as part of the application review process for any development permit required by this Chapter.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.291. - Wetlands in FDER Jurisdiction.

All wetlands determined by the Florida Department of Environmental Regulation (FDER) to be Waters of the State shall be subject to all State regulations pertaining to such waters.

Sec. 63.292. - Classification of Wetlands.

All wetlands in the City of Orlando are hereby classified as either Protected Wetlands, Transitional Wetlands or Altered Wetlands as defined in Chapter 66. The classification of each wetland or portion thereof shall be determined by the Planning Official based upon the policies of the adopted Growth Management Plan (GMP), either on case-by-case basis as part of the review process for any development order, or as part of a comprehensive wetland planning program for part or all of the City.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.293. - Development Limitations.

A portion of all wetlands classified as either Protected Wetlands, Transitional Wetlands or Altered Wetlands shall be retained as undeveloped area, in accordance with the following schedule:

EXPAND Wetland Classification Minimum Percentage of Gross Areato be Retained Protected Wetland 100% Transitional Wetland 60% Altered Wetland 0%

No dredging, filling, grading, excavation or development shall be permitted in retained wetlands. However, retained wetlands may be counted toward achieving open space area, passive recreation area, and bufferyard area requirements of Chapter 60. Retained wetlands may also be used as part of the stormwater management system of the development site, provided that all other requirements of this Chapter are met.

Transfer of Development to Non-Retained Areas. For purposes of determining the maximum permitted intensity of development on a development site, the area covered by retained wetlands may be included. Although no development shall be permitted in retained wetlands, development may be clustered or transferred to other areas of the same development site so as to achieve its available permitted intensity; however, in no case shall the total net intensity on non-retained areas be increased more than 40%.

Water Quality and Quantity. The quality and quantity of stormwater run-off into each retained wetland after development shall be such as to renew and improve the natural functions of the wetland. The applicant may submit the report of a qualified environmental specialist to substantiate the optimum water quantity levels for each retained wetland and appropriate methods of achieving these optimum levels.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.294. - Areas Adjacent to Retained Wetlands.

Buffer Zone Required. A buffer zone shall be established surrounding each retained wetland in order to assist in the control of stormwater run-off. Minimum building setbacks shall be required from the boundary of each retained wetland as follows (see also Chapter 58, Part 1, Figure 2):

Setback from protected wetland: 100 ft.

Setback from other retained wetland: 50 ft.

The buffer zone surrounding a wetland in the "Protected Wetland" category should be retained in natural vegetation wherever practical, and may include retained transitional or altered wetlands which are counted toward satisfying the requirements of this Part. The use of heavy equipment shall be discouraged in these buffer zones so as not to disturb natural vegetation.

(Ord. of 9-16-1991, Doc. #25100)

Secs. 63.295—63.299. - Reserved.

2K. - VIBRATION

Sec. 63.300. - Vibrations to Which the Standards Apply.

The requirements of Figure 3 shall apply to all vibrations except those specifically exempted below, including steady-state, intermittent, impulse and impact vibrations.

Exempt Vibrations. The following types of vibrations shall be exempted from the provisions of this Part:

(a)

Vibrations from temporary construction and maintenance activities between 7 AM and 7 PM except Sundays and federal holidays.

(b)

Vibrations from motor vehicles such as automobiles, trucks, airplanes and railroads which are not under the control of the use.

FIGURE 3. MAXIMUM GROUND TRANSMITTED VIBRATION IN PARTICLE VELOCITY (INCHES/SECOND)

Use this Chart to determine the maximum vibration level, measured in particle velocity (inches/second), which shall be permitted at the property line of the closest use in each of the following categories:

EXPAND Class A Standard 7 AM—6 PM 6 PM—7 AM Class B Standard Residential .015 .005 .04 Office .025 .01 .05 Commercial .04 .02 .10 Industrial .05 .025 .20

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.301. - Method of Vibration Measurement.

Vibration velocity shall be measured with a seismograph or other vibration analysis equipment capable of measuring and recording displacement and frequency. The vibration level measurement shall be the vector sum of three mutually perpendicular components recorded simultaneously. The maximum vector resultant recorded may not be greater than permitted by Figure 3.

(Ord. of 9-16-1991, Doc. #25100)

Sec. 63.302. - Vibration, Ground-Transmitted.

When computing ground-transmitted vibration, the following formula shall be used:

P.V. = 6.28F × D

EXPAND P.V. = Particle velocity, inches per second. F = Vibration frequency, cycles per second. D = Single amplitude displacement of the vibration, inches.

(Ord. of 9-16-1991, Doc. #25100)

2M. - OUTDOOR LIGHTING

Sec. 63.400. - Purpose and Intent.

The purpose and intent of this part is to ensure that outdoor lighting (or "exterior lighting") has a positive visual impact on surrounding properties. To that end, exterior lighting should be designed, installed, and maintained in a consistent and coordinated fashion to provide safe, convenient, and efficient lighting for customers, pedestrians, and vehicles. Outdoor lighting must also avoid the creation of hot spots, glare, obtrusive light, unreasonable light pollution, light trespass, and visual nuisance. This part is also intended to promote energy conservation. Also, exterior lighting should accentuate key architectural elements of buildings, and highlight or otherwise emphasize landscape features.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 63.401. - Scope.

This part applies to all development with exterior lighting except agricultural uses, single family residential, and duplexes.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 63.402. - Definitions.

Color Rendering Index (CRI) means the scale used to compare the effect of a light source on the color appearance of its surroundings. The higher the score, the more accurately the light source reflects true color.

Cutoff fixture means an outdoor light fixture that provides a cutoff (shielding) of the emitted light. The light distribution may not be greater than 2.5% of the luminaire's lumen output at or above 90 degrees vertical from the nadir and not more than 10% of a luminaire's lumen output at or above 80 degrees vertical from nadir.

Fixture means the assembly that houses a lamp or lamps, and may also include reflectors, mirrors, refractors, lenses, ballasts, housings, and other attachment parts. A fixture is the same as a "luminaire."

Footcandle (sometimes denoted as "f.c.") means the measure of light noted as a unit of illuminance amounting to one lumen per square foot.

Glare means intense and somewhat blinding light, or the sensation produced by brightness within the visual field that is sufficiently greater than the intensity of light to which the human eyes are accustomed or adapted, thereby causing annoyance, discomfort, visual impairment, or loss or reduction of visibility.

Height of fixture means the vertical distance from the normal finished grade directly below the centerline of the luminaire to the top of the light fixture.

Height of the pole means the vertical distance from the finished grade to the highest point inclusive of the pole, finial, fixture, and mounting arm.

Hot spot means an area of very high illumination above normal footcandle levels typically found in an area underneath a luminaire, making normal footcandle levels appear relatively dark.

Illuminance means the quantity of light arriving at a surface divided by the area of the lighted surface, measured in footcandles.

Illuminating Engineering Society of North America (IES or IESNA) means the nonprofit professional society of lighting engineers and specialists that has established recommended design standards for various exterior lighting applications.

Internal louvered optical system means a series of high-speculer (mirror type) stacked louvers that cover the lamp, creating a cutoff, low-glare light pattern.

Lamp means a light bulb.

LED means light-emitting diode.

Light loss factor means the product of all factors that contribute to the lowering of an illumination level, including factors such as reflector degradation, dirt, lamp depreciation, and voltage fluctuations.

Light pollution means any adverse effect of manmade light, often used to denote a brightness of the night sky, commonly known as urban sky glow.

Light trespass means light falling where it is not desired, wanted, or needed.

Lumen means a quantitative unit measuring the amount of light emitted by a lamp or luminaire.

Luminaire means a complete lighting unit consisting of the lamp or light source, fixture, and other parts designed to distribute the light.

Luminance means the quantitative measure of brightness of a light source or an illuminated surface, equal to luminous intensity per unit area of the source or surface viewed from a given angle.

Metal halide (lamp) means a high intensity discharge lamp where the light is produced by radiation from metal-halide vapors, and which renders colors close to their daytime appearance.

Obtrusive light means light which causes annoyance, discomfort, visual impairment, or loss or reduction of visibility.

Photometric plan means a diagram drawn to scale depicting the location of all light poles and building-mounted light fixtures in a specific area and a numerical grid of the maintained lighting levels that the fixtures will produce. All values must be at grade unless otherwise stipulated.

Sag lens, convex lens, or drop-lens means a clear or prismatic refracting lens that extends below the lowest opaque portion of the light fixture.

Shielded means a fixture constructed to have internal or external shields, top and side visors, hoods, or internal louvers to limit glare and light trespass caused by light emission from the luminaire.

Spill light means light that falls outside the property where the luminaire is located.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 63.403. - Outdoor Lighting Plan Approval Required.

Unless otherwise exempt, it is hereby made unlawful and a violation of this part to install or operate outdoor lighting without first obtaining lighting plan approval from the City permitting official. All outdoor lighting must be built and maintained in conformity with the applicable lighting plan approval. The following is exempt from this section:

(a)

Work on property within an historic preservation overlay district or property designated as an Orlando historic landmark.

(b)

Work associated with single- and two-family residential uses.

(c)

Work not constituting a substantial improvement to the outdoor lighting system of a building or site.

(d)

Structures and improvements approved as a temporary use for less than 61 days.

(e)

Work in the public right-of-way.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 63.404. - Application for Outdoor Lighting Plan Approval.

An application for outdoor lighting plan approval must be submitted to the City permitting official on a form provided for such purpose. The application form must include a description of all the information, documents, and other submissions that City officials will need in order to review the proposal for compliance with this Code. At a minimum, the outdoor lighting plan must include or conform to the following:

(a)

A photometric plan covering the entire site, including any new street right-of-way. The photometric plan must provide enough information to determine the potential for direct illumination of the site's outdoor areas, spill illumination, and compliance with this part. The photometric plan must show the illumination levels (in footcandles) for all exterior fixtures.

(b)

The plan must be prepared by a licensed design professional, who shall sign and seal the plans and certify that the plan complies with this part.

(c)

The plan must be prepared in a scale that is easily legible.

(d)

The plan must show all proposed and existing buildings on the site, pedestrian and vehicular areas, other above-ground improvements, the horizontal location of all proposed and existing outdoor lighting fixtures including pole and wall-mounted fixtures, mounting heights of each fixture, overall height of each pole above grade, location of externally illuminated signs and associated fixtures, and the location of all architectural and landscape lighting fixtures.

(e)

The plan must show initial horizontal illuminance values in footcandles for the area to be illuminated. These values must be calculated at grade and include contributions from all onsite fixtures. The light loss factor may not be less than 0.8.

(f)

The manufacturer's cut sheets (specifications) for each proposed fixture must be submitted. Each cut sheet must be legible and must identify the manufacturer's catalog number. A fixture schedule must be provided with this information and the plan cross-reference identification. Drawings of all typical fixtures must show the directional controls such as shields, reflectors, refractors, and lenses that will aim and limit the angle of illumination. Details must show the vertical angle of illumination that will determine shielding angle.

(g)

A lighting fixture schedule that presents the following information:

Lighting fixture plan identification symbol or abbreviation.

Fixture type, including the manufacturer's product identification catalog number.

Lamp type and wattage or LED luminaire wattage.

Fixture mounting height.

Light loss factors used in the plans.

(h)

The plan must plot footcandles of illumination at ground level to the nearest tenth of a footcandle, and at horizontal grid intervals of no more than ten feet. Light intensity values must be maintained values calculated using a maintenance factor of less than 0.8.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 63.405. - General Regulations for Outdoor Lighting Plans.

All outdoor lighting plans must conform to the following regulations:

(a)

Illumination levels. Illumination levels may not exceed 0.5 footcandles at the property line where the neighboring property is a residential use or is zoned for a residential use. For all other uses, illumination levels may not exceed 1.0 footcandles at the property line. To avoid glare and light spilling onto neighboring properties, fixtures must be installed with shields and reflectors.

(b)

Light fixtures. All light fixtures must conform to the following regulations:

All fixtures, including security lighting, must be cutoff fixtures.

All fixtures must be incorporated into the building or site as an integrated design element through the use of common or complementary style, material, and color.

Fixtures may not be tilted towards adjacent properties.

Sag lenses, convex lenses, and drop lenses are prohibited.

Floodlighting is prohibited except for non-retail industrial uses where the floodlight is internal to the site and cannot be seen from adjacent public rights-of-way and neighboring residential uses or zoning districts.

Fixtures that decoratively light a building or wall may not light above the parapet of the building or the top of the wall and may not produce glare or spill light.

Landscape and decorative lights with lamps of 60-watts or less (or the functional equivalent of 60-watts or less) are hereby made exempt from this subsection.

(c)

Time controls and motion detectors. Lighting on non-residential sites must include time controls. The time controls must dim all outdoor lights by at least 50% of normal illumination levels within one hour of the close of business on the site. The lights must remain dimmed until the business re-opens in the morning or the automatic light sensors switch the light off in the morning. Where a site includes more than one business, the time controls must dim the lights associated with each discrete place of business within the hour of the respective business closing to the public, but common area lighting may remain fully lit until the last onsite business closes. This requirement does not apply to businesses that operate 24-hours a day. Dimmed lights may return to full luminance for no more than 30 seconds if triggered by a motion detector.

(d)

Light sensors. All outdoor lighting must include light sensors that automatically turn lights off when daylight exceeds 85% of the ground level luminance of the fixture.

(e)

Manual controls. All electrical circuits for outdoor lighting must include manually controlled switches conveniently located for manual operation.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 63.406. - Special Regulations for Outdoor Lighting Plans.

Outdoor lighting plans must conform to the following regulations where applicable:

(a)

Height of light fixtures. Excepting the public rights-of-way, light fixtures may not exceed 30-feet in height when located within a parking lot, and may not otherwise exceed 15-feet in height. Height shall be measured from finished grade to the top of the fixture. Industrial uses not within 500-feet of a residential use or residential zoning district (measured between property lines) may include fixtures up to 50-feet if necessary to illuminate roads or berths used by trucks.

(b)

Parking lots. To avoid conflict in layout, parking lot lighting must be coordinated with the parking lot's landscaping. Parking lot lighting must conform to the following regulations:

Lamps must be metal halide, compact fluorescent, LED, or a source that produces a CRI of 65 or greater. Wattage may not exceed 400-watts per bulb unless necessary to illuminate roads or berths used by trucks at industrial uses not within 500-feet of a residential use or residential zoning district (measured between property lines).

Illumination levels outside the radius of all light poles must range between 0.6 and 3.6 footcandles. For purposes of this part, the radius of a light pole equals the height of the pole or 20-feet, whichever is greater. Each light pole's radius must be shown on its respective outdoor lighting plan. Areas of a parking lot adjacent to a building canopy, porte-cochere, or other illuminated building overhang may exceed 3.6 footcandles if the luminance otherwise complies with this part.

Light poles must be spaced apart from each other at least 2.5 times the height of the pole.

Decorative acorn-type fixtures may not exceed 18-feet in height and may not exceed 250-watts per bulb. Acorn-type fixtures must have a textured, clear lens and globe, frosted phosphor-coated bulbs, and an internal louvered optical system, or refractor-type glass globes that meet the cutoff standards of this part.

(c)

Walkways, bikeways, and trails. Walkway, bikeway, and trail lighting must conform to the following regulations:

Fixtures must be decorative in appearance, style, and finish.

Lamps must be metal halide, compact fluorescent, LED, or a source that produces a CRI of 65 or greater. Wattage may not exceed 100-watts per bulb.

Illumination levels outside the radius of all light poles must range between 0.2 and 2.5 footcandles. Nature trails, walkways, and bikeways may be exempted from this minimum illumination level by the planning official if he or she finds that the natural environmental objectives and purposes of the trail, walkway, or bikeway would be unreasonably compromised by this minimum lighting requirement and that the location and environmental design of the trail, walkway, or bikeway reasonably provides natural surveillance and otherwise protects public safety.

(d)

Canopied areas for vehicles. Light fixtures in canopied areas for vehicular use such as drive-through facilities at banks and restaurants, at gas stations, porte-cocheres, and in building canopies and awnings within vehicle use areas must be recessed or cutoff fixtures, and must also conform to the following regulations:

Lamps must be metal halide, compact fluorescent, LED, or a source that produces a CRI of 65 or greater. Wattage may not exceed 250-watts per bulb.

Illumination at ground level under canopies may not exceed 20 footcandles.

Canopy fascias may not be internally lit.

Luminaires in canopies may not rely on surrounding structures, including the canopy edge, for required shielding.

(e)

Outdoor automobile dealerships. Illumination at ground level of outdoor display areas for products such as automobiles, recreational vehicles, motorcycles, and boats, may not exceed 40 footcandles for display rows adjacent to external rights-of-way and may not exceed 24 footcandles for all other areas. Illumination at ground level of all other outdoor areas of the dealership may not exceed 10 footcandles.

(f)

Firelanes and driveways. Illumination at ground level of firelanes and driveways may exceed the applicable maximum value provided by this part if the planning official finds that strict compliance with the maximum value would create an unreasonable safety hazard, but in no event may the illumination level exceed 5 footcandles unless the applicable maximum value is greater.

(g)

Awnings. Back and rear lit awnings are prohibited. Awnings may be lit from above, or from the front by fixtures that meet the cutoff requirements of this part. Shielding on awning light fixtures may be tilted above the horizontal in order to effectively illuminate awnings and awning signs from the front, or from an angle, but the fixtures must prevent spill light.

(h)

Parking garages. Interior fixtures must be shielded to prevent light spilling from the garage. Light fixtures on the top deck of a parking garage may not exceed 25-feet in height and must be shielded to prevent light spilling from the boundary of the garage deck.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 63.407. - Variances.

The planning official may approve variances to the quantitative standards of this part. Such variances must be approved as part of the application for the certificate of outdoor lighting plan approval. In considering a request for a variance, the planning official must apply the standards of review provided at section 65.382 of this Code and may condition the approval of the variance on one or more of the conditions provided at section 65.381 of this Code as necessary to minimally mitigate the identified land use impacts of the variance.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 63.408. - Alternative Lighting Standards.

As an alternative to the development standards of this part, the planning official may approve an outdoor lighting plan conforming to the Joint International Dark-Sky Association and Illuminating Engineering Society Model Lighting Ordinance, dated June 15, 2011.

(Ord. No. 2013-73, § 5, 6-23-2014, Doc. #1406231202)

Sec. 62.709. - Recommendation of Demolition. Chapter 64 - SIGNS