§ 54-511. Statutory authorization, findings of fact, purpose, and objectives.  


Latest version.
  • (a)

    Statutory Authorization. The Federal Government, through the National Flood Insurance Program (NFIP) and the State of Florida, and pursuant to section 627.351, Florida Statutes, have provided for programs of windstorm and flood insurance protection. Under its home rule charter, the County has broad powers of self-government and to enact ordinances that are not inconsistent with general law. Chapters 125 and 163, Florida Statutes, acknowledge this home rule authority includes the regulation of the development and use of land. Accordingly, the County adopts these regulations governing flood-prone areas.

    (b)

    Findings of Fact.

    (1)

    The Special Flood Hazard Areas (SFHA) of Sarasota County are subject to periodic inundation of Flood water which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for Flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

    (2)

    These Flood losses are caused by the cumulative effect of Obstructions in Floodplains causing increases in Flood heights and velocities, and by the occupancy in Special Flood Hazard Areas (SFHA) by uses vulnerable to Floods or hazardous to other lands which are inadequately elevated, Floodproofed, or otherwise unprotected from Flood damages.

    (3)

    This Article is consistent with the Sarasota County Comprehensive Plan.

    (c)

    Statement of Purpose. It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to Flood conditions in specific areas by adopting flood-loss reduction methods and provisions for:

    (1)

    Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards that can result in damaging increases in erosion or in Flood height or velocities;

    (2)

    Requiring that uses vulnerable to Floods, including facilities which serve such uses, be protected against Flood damage at the Start of Construction or Substantial Improvement;

    (3)

    Controlling the alteration of natural Floodplains, stream channels, and natural protective barriers, which aid in the accommodation of floodwaters;

    (4)

    Controlling filling, grading, dredging and other Development which may increase erosion or Flood damage;

    (5)

    Preventing or regulating the construction of Flood barriers which will unnaturally divert floodwaters or which may increase Flood hazards to other lands; and

    (6)

    Regulating the alteration of natural protective dune systems and their associated native vegetation.

    (d)

    Objectives. The objectives of this Article are to:

    (1)

    Protect human life and health;

    (2)

    Minimize expenditure of public money for costly Flood control projects;

    (3)

    Minimize the need for rescue and relief efforts associated with Flooding, which is generally undertaken at the expense of the general public;

    (4)

    Minimize prolonged business interruptions;

    (5)

    Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in Floodplains; and

    (6)

    Help maintain a stable tax base by providing for the sound use and development of Flood-prone areas in such a manner as to minimize Flood blight areas.

(Ord. No. 2002-013, § 2, 4-24-2002; Ord. No. 2003-085, § 2, 10-8-2003; Ord. No. 2008-084, § 2, 7-8-2008; Ord. No. 2009-024, § 2, 9-22-2009; Ord. No. 2016-043, § 2, 9-7-2016)