Submitted By: Austin Cash
presenter
Presentation By: Sean Lanier
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Department: Engineering
FORMAL TITLE:
title
Ordinance 2026-XX, amending Sec. 90-2, Sec. 90-20, and Sec. 82-33, Code of Ordinances, City of Ocala, Florida, providing changes for definitions of “letter of map change” and “market value” as well as provisions of the Florida Building Code regarding “repetitive flood damage” and “cumulative substantial improvement”.
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
Section 90-2 of the Code of Ordinances currently defines commonly used words and terms within Chapter 90. The definition of “letter of map change” can have multiple sub-terms that are described within Section 90-2. The ordinance revisions include numbering these sub-terms to prevent future confusion.
Within Section 90-2, the term “market value” is defined. The Florida Department of Environmental Management recently approved a new definition of this term to reduce the chance for judgement and bias when determining a “market value”. The ordinance revisions include relying on the actual cash value (ACV) when determining “market value”.
Section 90-20 of the Code of Ordinances currently regulates buildings and structures to ensure that, within designated flood-prone areas, development occurs in a manner that mitigates risk. Section 82-33 of the Code of Ordinances addresses amendments to the Florida Building Code (FBC) concerning flood resistance. The attached redline ordinance proposes revisions to portions of Sections 90-20 and 82-33 to establish cross-references between these sections, the Florida Building Code, and ASCE 24, as defined in Section 90-2. The amendments are intended to clarify the relationship between the City's floodplain regulations and applicable building code requirements and to minimize the potential for conflicts or inconsistencies between the regulations.
FINDINGS AND CONCLUSIONS:
Amendments to Sections 90-2, 90-20, and 82-33 of the Code of Ordinances will further the protection of the health, safety, and welfare of Ocala’s citizens, improve the clarity and user-friendliness of the Code of Ordinances, and potentially reduce flood insurance premiums for residents and businesses.
Staff recommends approval.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This ordinance will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny
ORDINANCE 2026-XX
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA AMENDING SECTION 90-2, SECTION 90-20, AND SECTION 82-33, CODE OF ORDINANCES,; PROVIDING FOR CLARITY BY RENUMBERING THE DEFINITION OF “LETTER OF MAP CHANGE” AND REVISING THE DEFINITION OF “MARKET VALUE” TO BE CONSISTENT WITH THE FEMA DEFINTION; PROVIDING FOR CLARITY THROUGH CODE REFERENCES TO RELATED PROVISIONS OF THE FLORIDA BUILDING CODE REGARDING REPETITIVE FLOOD DAMAGE AND CUMULATIVE SUBSTANTIAL IMPROVEMENT; PROVIDING DIRECTION TO STAFF; PROVIDING DIRECTION TO THE CODIFIER; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 90-2 of the Code of Ordinances, City of Ocala, Florida, currently provides definitions to words and terms used throughout Chapter 90 Flood Prevention and Protection; and
WHEREAS, Section 90-2 of the Code of Ordinances, City of Ocala, Florida, currently provides a definition for “Letter of Map Change” that does not clearly identify the different sub-sections of the definition; and
WHEREAS, Section 90-2 of the Code of Ordinances, City of Ocala, Florida, currently provides a definition for “Market Value” that could potentially result in biased or inconsistent property valuations; and
WHEREAS, Section 90-20 of the Code of Ordinances, City of Ocala, Florida, currently provides for the regulation of buildings and structures within areas designated as flood prone to ensure that development occurs in a manner that mitigates flood risk; and
WHEREAS, Section 82-33 of the Code of Ordinances, City of Ocala, Florida, currently provides for the amendments to the Florida Building Code concerning flood resistance; and
WHEREAS, Section 90-20 and Section 82-33, Code of Ordinances, City of Ocala, Florida, contain similar provisions relating to flood-resistant construction and development standards, creating the potential for inconsistencies or conflicts in the application of such provisions; and
WHEREAS, the City of Ocala, Florida, seeks to amend Section 90-2 of the Code of Ordinances, City of Ocala, Florida, to modify the definitions of “Letter of Map Change” and “Market Value” to provide greater clarity and consistency in the application of such terms and to ensure fairness in the determination of market value; and
WHEREAS, the City of Ocala, Florida, seeks to amend Section 90-20 and Section 82-33 of the Code of Ordinances, City of Ocala, Florida, to provide greater clarity and consistency by establishing appropriate references to the applicable provisions of the Code of Ordinances, the Florida Building Code, and ASCE 24, Flood Resistant Design and Construction; and
WHEREAS, the City Council of the City of Ocala, Florida, finds and determines that t the amendments to Section 90-2, 90-20, and 82-33, Code of Ordinances, City of Ocala, Florida, contained herein promote the protection of the health, safety, and welfare of the citizens of Ocala, Florida; and
WHEREAS, the City Council of the City of Ocala, Florida, finds and determines that the adoption of this ordinance and the amendments to Section 90-2, 90-20, and 82-33, Code of Ordinances, City of Ocala, Florida, contained herein are in the best interests of the City of Ocala, Florida and its citizens; and
NOW THEREFORE, be it ordained, by the City Council of the City of Ocala, Florida, in regular session, as follows:
Section 1. Ratification, Adoption and Incorporation of Recitals.
The City Council of the City of Ocala, Florida ratifies the above-outlined recitals as true and correct; adopts and incorporates them herein as part and parcel of this ordinance.
Section 2. Purpose and Authority for Ordinance.
This ordinance is adopted for the purpose of amending and revising Section 90-2, Section 90-20, and Section 82-33, Code of Ordinances, City of Ocala, Florida, to provide clarity to the definition of “Letter of Map Changes”, fairness and consistency in the definition of “Market Value”, and greater clarity and consistency within Sections 90-20 and 82-33 through the use of appropriate cross-references to applicable provisions of the Code of Ordinances, the Florida Building Code, and ASCE 24. The ordinance is adopted pursuant to the authority granted by Chapter 166, Florida Statutes, and other applicable provisions of Florida and federal law.
Section 3. Amendment of Section 90-2, Section 90-20, and Section 82-33, Code of Ordinances, City of Ocala, Florida.
Section 90-2, Section 90-20, and Section 82-33, Code of Ordinances, City of Ocala, Florida is hereby amended by replacement in its entirety with the following:
Sec. 90-2. Definitions.
Accessory structure. A structure located on the same parcel of property as a principal structure, the use of which is parking or storage that is incidental to the use of a principal structure.
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.
Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this chapter.
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 one percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the "one 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).
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
Board of adjustment. The city zoning board of adjustment.
Critical facility. A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous waste. The term includes facilities that are assigned risk category III and risk category IV pursuant to the Florida Building Code, Building.
Design flood. The flood associated with the greater of the following two areas:
(1) Area with a floodplain subject to a one percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the city's flood hazard map, or otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the city'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 two feet.
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 22, 1978.
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
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.
Flood hazard area. The greater of the following two areas:
(1) The area within a floodplain subject to a one percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the city's flood hazard map, or otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the city on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the city.
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.
Floodplain administrator. The office or position designated and charged with the administration and enforcement of this chapter (may be referred to as the floodplain manager).
Floodplain development permit. An official document or certificate issued by the city, 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 chapter.
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 foot.
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 section 82-31, and incorporated in this chapter pursuant to 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:
(1) 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.
(2) 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.
(3) 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 city's floodplain management regulations.
(4) 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.
Manufactured home. A structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer."
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 value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the county property appraiser.
New construction. For the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 22, 1978 and includes any subsequent improvements to such structures.
Park trailer. A transportable unit which has a body width not exceeding 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.
Recreational vehicle. A vehicle, including a park trailer, which is: [see in F.S. § 320.01]
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
Special flood hazard area. An area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30, AE, A99, AH, VI-V30, VE or V.
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, 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.
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. The term also includes flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a one-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one-year period begins on the date of the first permit issued for improvement or repair of that building or structure after March 1, 2016, subsequent to the current permit application: 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:
(1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the city 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.
Variance. A grant of relief from the requirements of this chapter, or the flood-resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
(Ord. No. 2017-36, Sch. A, 3-7-17; Ord. No. 2021-39, §§ 1, 2, 4-6-21)
Cross reference(s)-Definitions generally, § 1-2.
Sec. 90-20. Buildings and Structures.
(a) Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to subsection 90-14(c), 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 90-26.
(b) Critical facilities. New critical facilities shall, to the extent feasible, be located outside of the special flood hazard area and outside of the 0.2 percent annual chance flood hazard area (500-year floodplain). If documentation is provided that feasible sites outside of the special flood hazard that satisfy the objectives of a proposed critical facility are not available, then the critical facility shall:
(1) Have the lowest floor elevated or protected to at least the base flood elevation plus 3.0 feet or the elevation required by ASCE 24, whichever is higher;
(2) Have floodproofing and sealing measures taken to ensure that toxic substances will not be displaced by or released into floodwaters; and
(3) Have access routes elevated to or above the base flood elevation to the maximum extent possible.
(c) Accessory Structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage, and:
(1) Are one-story and not larger than 600 square feet;
(2) Have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential;
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads;
(4) Have flood damage-resistant materials used below the base flood elevation plus one (1) foot; and
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot.
(d) Florida Building Code technical amendments. In coordination with Section 82-33, the following provisions of the Florida Building Code are amended as follows:
(1) Limitations on enclosures under elevated buildings in a flood hazard area. Enclosures below elevated buildings (those on posts and/or piers) more than four (4) feet above grade are prohibited, including but not necessarily limited to enclosures with walls designed to breakaway under flood loads.
(2) Repetitive flood damage. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term “Substantial Damage” shall be as defined in Section 90-2.
(3) Cumulative substantial improvement. In the Florida Building Code, Building and Florida Building Code, Existing Building, definitions for the term “Substantial Improvement” shall be as defined in Section 90-2.
(Ord. No. 2017-36, Sch. A, 3-7-17; Ord. No. 2021-39, § 4, 4-6-21; Ord. No. 2025-34, § 3, 8-19-25)
Sec. 82-33. Amendments to Florida Building Code concerning flood resistance.
(a) This section is adopted pursuant to F.S. § 553.73(5) that authorizes technical amendments to the Florida Building Code relating to flood resistance in order to implement the National Flood Insurance Program or incentives.
(b) In coordination with Section 90-20, the following provisions of the Florida Building Code, are hereby amended as follows:
(1) Florida Building Code, Residential, technical amendment; limitations on enclosures under elevated buildings in a flood hazard area. Enclosures below elevated buildings (those on posts and/or piers) more than four (4) feet above grade are prohibited, including but not necessarily limited to enclosures with walls designed to breakaway under flood loads.
(2) Florida Building Code, technical amendment; repetitive flood damage. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term “Substantial Damage” shall be as defined in Section 90-2.
(3) Florida Building Code technical amendment; cumulative substantial improvement. In the Florida Building Code, Building and Florida Building Code, Existing Building, definitions for the term “Substantial Improvement” shall be as defined in Section 90-2.
(Ord. No. 2017-36, § 3, 3-7-17)
Section 5. Direction to the Codifier.
It is the intention of the City Council of the City of Ocala, Florida that (1) this ordinance shall become and be made a part of the Code of Ordinances, City of Ocala, Florida, (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by the City Council.
Section 6. Repealing Inconsistent and/or Conflicting Provisions.
The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 7. Severability of Ordinance Provisions.
If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 8. Modifications Arising from Consideration at a Public Hearing.
It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 9. Effective Date of Ordinance.
This ordinance shall become effective immediately upon approval by the Mayor or becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire J. Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2026.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2026-XX
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
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