Planning Committee Meeting

ORDINANCE NO. 2024-423 AN ORDINANCE OF THE CITY OF PARKER, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (ORDINANCE 2022-409, AS AMENDED) TO UPDATE THE DATE OF THE FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS; PROVIDING FOR APPLICABILITY; PROVIDING A MECHANISM FOR THE CORRECTION OF SCRIVENER’S ERRORS; PROVIDING FOR THE LIBERAL CONSTRUCTION OF THIS ORDINANCE; PROVIDING FOR REPEALER CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Parker participates in the National Flood Insurance Program and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; WHEREAS, the Federal Emergency Management Agency has revised and reissued the Flood Insurance Study for Bay County, Florida and Incorporated Areas, with an effective date of October 24, 2024; and WHEREAS, the City Council has determined that it is in the public interest to amend certain provisions of the City’s Land Development Regulations (Ordinance 2022-409, as amended) to identify the effective date of the revised Flood Insurance Study and Flood Insurance Rate Maps. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Parker, Florida, that the following floodplain management regulations are hereby adopted. Section 1. Section 5-7.9 of the Land Development Regulations of the City is amended as follows: 5-7.9 Flood Zones 1. Protection Standards All development activity undertaken within established flood hazard areas shall be in conformance with the provisions of Article 8 Floodplain Management of these Land Development Regulations. The Flood Insurance Study for Bay County, Florida and Incorporated Areas dated June 2, 2009October 24, 2024, 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 these Land Development Regulations 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 office of the City Clerk. 09/03/2024 2024-423  In addition to the requirements set forth in Article 8 Floodplain Management of these Land Development Regulations the location of hospitals, nursing homes, institutions or similar facilities is prohibited within designated flood zones. Section 2. Section 8-2.3 of the Land Development Regulations of the City is amended as follows: 8-2.3 Basis for Establishing Flood Hazard Areas The Flood Insurance Study for Bay County, Florida and Incorporated Areas dated June 2, 2009October 24, 2024, 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 these Land Development Regulations 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 office of the City Clerk. Section 3. Applicability. For the purposes of jurisdictional applicability, this Ordinance shall apply in the City of Parker, Florida. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this Ordinance. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Scrivener's Errors. The City Attorney may correct any scrivener’s errors found in this Ordinance, without public hearing, by filing a corrected copy of the Ordinance with the 09/03/2024 2024-423 Clerk. A scrivener’s error may not include an amendment that changes the context or meaning of the Ordinance. Section 6. Ordinance to be Liberally Construed. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. Section 7. Repeal of Conflicting Ordinances and Resolutions. All codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Parker in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 8. Effective Date. This Ordinance shall take effect immediately upon its passage. PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of Parker, Florida on the _____ day of September, 2024. CITY OF PARKER _____________________________ ANDREW KELLY, Mayor ATTEST: ______________________________ KIMBERLY REGA, City Clerk Examined and approved by me, this _____ day of September, 2024. ANDREW KELLY, MAYOR *In this Ordinance, language added to an existing section is printed in underscored type, and language deleted is printed in struck through type. 09/03/2024 2024-423