HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-003TO#2437
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ORDINANCE NO. 2021- 003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC, ENTITLED "FLOOD
PREVENTION AND PROTECTION," BY AMENDING ARTICLE I ,
ENTITLED "ADMINISTRATION,"," BY SPECIFICALLY AMENDING §8-9 ,
ENTITLED "BASIS FOR ESTABLISHING FLOOD HAZARD AREAS AND
ARTICLE ll, ENTITLED "DEFINITIONS," BY SPECIFICALLY AMENDING
§8-47, DEFINITIONS AS USED IN THIS CHAPTER, AND ARTICLE III,
ENTITLED "FLOOD RESISTANT DEVELOPMENT," BY SPECIFICALLY
AMENDING §8-48-2, §8-48.3, AND §8-59 SPECIFIC METHODS OF
CONSTRUCTION AND REQUIREMENTS," TO IMPLEMENT THE
NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS AS
MANDATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA); PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac participates in the Community Rating System of
the National Flood Insurance Program; and,
WHEREAS, the City enjoys a Class 6 rating due to the City's efforts to prevent
floods through its implementation of various precautions, processes, and regulations to
prevent flood loss, which in turn results in flood insurance premium discounts for the City's
residents and businesses; and
WHEREAS, national increases in damage to property and experienced losses as
a result of flooding in recent years has resulted in an increase in insurance premiums;
and
WHEREAS, the Federal Emergency Management Agency (FEMA) has
undertaken a review of its flood elevation maps in an effort to alleviate certain flood risks;
and
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WHEREAS, FEMA will be implementing new elevation requirements for future
development to take effect in early 2021; and
WHEREAS, implementation of these new regulations within the City's building
regulations will ensure that the City maintains its flood ratings benefitting the City's
residents and businesses by maintaining the resulting premium discounts; and
WHEREAS, the City Commission of the City of Tamarac finds that implementation
of the new elevation requirements will further benefit the City's property owners by
reducing flood loss; and
WHEREAS, the City Commission desires to implement the flood elevation
measures set forth in the best interests of the health, safety, and welfare of its citizens,
residents, and businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1. The City Commission of the City of Tamarac hereby adopts and
incorporates into this Ordinance the foregoing recitals to this Ordinance and the City staff
reports relating to this Ordinance as the legislative findings and intents of the City
Commission.
Section 2. Chapter 8, Article I, Division 2; Article 11, Division 1, and Article 111,
Divisions I and II, of the Code of Ordinances of the City of Tamarac, shall hereby be
amended and incorporated herein by reference Exhibit E (attached):
ARTICLE I. ADMINISTRATION
DIVISION 2. APPLICABILITY
Sec. 8-9. - Basis for establishing flood hazard areas.
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The Flood Insurance Study for Broward County, Florida and Incorporated Areas, dated
Auqust 18, 2014 QGtober 2, 1 , 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 chapter 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 Chief Building Official/Building
Department, located at 6011 Nob Hill Road, First Floor, Tamarac, Florida, 33321.
ARTICLE II. DEFINITIONS
DIVISION 1. GENERAL
Sec. 8-47. - Definitions as used in this chapter:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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.
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 or a request for a variance.
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 1612.2.] The base flood is commonly
referred to as the "l 00-year flood" or the "l -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 1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all
sides. [Also defined in FBC, B, Section 1612.2.]
Design flood. The flood associated with the greater of the following two areas: [Also
defined in FBC, B, Section 1612.2.]
(a) Area with a floodplain subject to a one (1) percent or greater chance of flooding in
any year; or
(b) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
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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 1612.2.]
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 January 24, 1975, [Also defined in FBC, B, Section
1612.2.]
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: [Also defined in FBC, B, Section 1612.2.]
(a) The overflow of inland or tidal waters.
(b) 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. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B,
Section 1612.2.]
(a) The area within a floodplain subject to a 1-percent or greater chance of flooding in
any year.
(b) 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
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areas and the risk premium zones applicable to the community. [Also defined in FBC, B,
Section 1612.2.]
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 1612.2.]
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 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 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 (1) foot. [Also defined in FBC, B,
Section 1612.2.]
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 (FBC). 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 11
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:
(a) 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.
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(b) 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.
(c) 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.
(d) 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 eight
thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a
vehicular curb weight of six thousand (6,000) pounds or less and which has a basic
vehicle frontal area of forty-five (45) square feet or less, which is:
(a) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than
twelve (12) persons; or
(c) 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 non -
elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC,
B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight
(8) feet or more in width and greater than four hundred (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." [Also defined in 15C-
1.0101, F.A.C.]
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 chapter, 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
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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 chapter and the flood
resistant construction requirements of the Florida Building Code, structures for which the
"start of construction" commenced on or after January 24, 1975, and includes any
subsequent improvements to such structures.
homes aFe to be affixed (*RdudiRg at I the iRstallafien of 64016toes, the
GGR6tr, Gtinn of streets and either- final site grading nr the pouring of Gennrete pads) �..
.+.+, ,vu awvarv.T ,
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 320.01, F.S. ]
ARTICLE III FLOOD RESISTANT DEVELOPMENT
DIVISION 1. BUILDINGS AND STRUCTURES
Sec. 8-48.1 - Design and construction of buildings, structures and facilities exempt
from the Florida Building Code.
Pursuant to section 8-23.1 of this chapter, 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 8-68 through 8-71 of this
chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-48.2 — Specific methods of construction and requirements.
Pursuant to Broward County Administrative Provisions for the Florida Building
Code, the followinq specific methods of construction and requirements apply:
(a) Additional elevation (freeboard). The minimum lowest floor elevation, or level of
dry floodproofing, of any residential, nonresidential, commercial, or industrial
structure, equipment or mechanical items shall be at or above the highest of the
following:
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(1) The elevation required by the Florida Building Code (one foot (1') above the
base flood elevation shown on the most recently adopted Flood Insurance Rate
Map).
(2) Minimum floor elevation as set forth in the South Florida Water Management
Districts' Surface water management permit.
(3) The elevation shown on the 100-year Flood Elevation Map, Latest Revision,
Prepared by the Broward County Transportation Department.
(b) Exceptions to the above criteria are permitted for repairs, additions or modifications
to existing structures provided the improvements are constructed at or above the
existing lowest floor elevation and the most recently adopted FIRM, and the repairs,
addition or improvements are not determined to be substantial improvements.
Sec. 8-48.3. —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 sq. ft.
(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.
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures,
elevated to or above the base flood elevation plus one (1) foot.
DIVISION II. SUBDIVISIONS
Sec. 8-59. - 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).
appliGable.
(Ord. No. 0-2013-13, § 2, 7-10-13)
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-
- --- - - -
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(Ord. No. 0-2013-13, § 2, 7-10-13)
aR existing manufar-A-Wed hc)F!ne park ep subdiVi6iGR, URI866 eR a site where s6bstantia-41
Section 3. The provisions of this Ordinance shall be codified and become and
be made part of the City of Tamarac Code of Ordinances. The Sections of this Ordinance
may be renumbered or re -lettered to accomplish such intent and the word "Ordinance",
or similar words, may be changed to "Section", "Article", or other appropriate word. The
Code codifier is granted liberal authority to codify the provisions of this Ordinance.
Section 4. To the extent of any conflict between any other City regulations and
ordinances and this Ordinance, this Ordinance shall be deemed to control. Provided,
however, that this Ordinance is not intended to amend or repeal any existing chapter or
regulation, unless expressly set forth in this Ordinance.
Section 5. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of
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competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not effect the validity of the remaining
portion hereof.
Section 6. This Ordinance shall become effective immediately upon adoption.
PASSED, FIRST READING this 10 day of TQ1�,/_' ' .Li , 2021.
I�
PASSED, SECOND READING this, )L day of 1Af� 2021.
ATTEST:
JE ' IFE F,'JO�H ON, CMC
CITY CLERK
HANS//�OTTINOT
INTE`RIM CITY ATTORNEY
BY: v
MAYOR MICHELLE J. GOMEZ
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR GOMEZ�
DIST 1: COMM BOLTON
DIST 2: COMM GELIN
DIST 3: V.M. VILLALOBOS ��
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ_
DIST 1: COMM BOLTON
DIST 2: COMM. GELIN
DIST 3: V.M. VILLALOBOS
DIST 4: COMM. PLACKO
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
TO#2437 Exhibit E
Chapter 8 - FLOOD PREVENTION AND PROTECTIONM
Footnotes:
--- (1) ---
Editor's note— Ord. No. 0-2013-13, § 2, adopted July 10, 2013, amended Chapter 8 in its entirety to
read as herein set out. Formerly, such ch. pertained to similar subject matter. For complete derivation.
see Code Comparative Table.
ARTICLE 1. -ADMINISTRATION
DIVISION 1. - GENERAL
Sec. 8-1. - Title.
These regulations shall be known as the Floodplain Management Ordinance of the City of
Tamarac, hereinafter referred to as "this chapter."
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-2. - Scope.
The provisions of this chapter 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-3. - Intent.
The purposes of this chapter and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the foodplain;
(00396899.1 2704-0501640E
TO#2437 Exhibit E
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-4. - Coordination with the Florida Building Code.
This chapter is intended to be administered and enforced in conjunction with the Florida
Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by
the Florida Building Code.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-5. - Warning.
The degree of flood protection required by this chapter and the Florida Building Code, as
amended by this community, 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. This chapter does not imply
that land outside of mapped special flood hazard areas, or that uses permitted within such flood
hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood
elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring this community to revise
these regulations to remain eligible for participation in the National Flood Insurance Program.
No guaranty of vested use, existing use, or future use is implied or expressed by compliance
with this chapter.
(Ord. No. 0-2013-13, § 2, 6-6-13)
Sec. 8-6. - Disclaimer of liability.
This chapter shall not create liability on the part of the city commission of the City of
Tamarac nor any officer or employee thereof for any flood damage that results from reliance on
this chapter or any administrative decision lawfully made thereunder.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 2. - APPLICABILITY
Sec. 8-7. - General.
Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
(00396899.12704-0501640)
TO#2437 Exhibit E
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-8. - Areas to which this chapter applies.
This chapter shall apply to all flood hazard areas within the City of Tamarac, as established
in section 8-9 of this chapter.
(Ord. No. 0-2013-13, § 2, 6-6-13)
Sec. 8-9. - Basis for establishing flood hazard areas.
The Flood Insurance Study for Broward County, Florida and Incorporated Areas, dated
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 chapter 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 Chief Building Official/Building Department, located
at 6011 Nob Hill Road, First Floor, Tamarac, Florida, 33321.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-9.1. - Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations, pursuant to section 8-29 through
8-32 of this chapter the floodplain administrator may require submission of additional data.
Where field surveyed topography prepared by a Florida licensed professional surveyor or digital
topography accepted by the community indicates that ground elevations:
(a) Are below the closest applicable base flood elevation, even in areas not delineated as
a special flood hazard area on a FIRM, the area shall be considered as flood hazard
area and subject to the requirements of this chapter and, as applicable, the requirements
of the Florida Building Code.
(b) 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-10. - Other laws.
The provisions of this chapter shall not be deemed to nullify any provisions of local, state or
federal law.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-11. - Abrogation and greater restrictions.
This chapter supersedes any ordinance in effect for management of development in flood
hazard areas. However, it is not intended to repeal or abrogate any existing ordinances
including but not limited to land development regulations, zoning ordinances, stormwater
(00396899.1 2704-05016401
TO#2437 Exhibit E
i
management regulations, or the Florida Building Code. In the event of a conflict between this
chapter and any other ordinance, the more restrictive shall govern. This chapter shall not impair
any deed restriction, covenant or easement, but any land that is subject to such interests shall
also be governed by this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-12. - Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 3. - DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
Sec. 8-13. - Designation.
The chief building official is designated as the floodplain administrator. The floodplain
administrator may delegate performance of certain duties to other employees.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-14. - General.
The floodplain administrator is authorized and directed to administer and enforce the
provisions of this chapter. The floodplain administrator shall have the authority to render
interpretations of this chapter consistent with the intent and purpose of this chapter and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this chapter without the granting of a variance pursuant to section 8-34
through 8-40 of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-15. - Applications and permits.
The floodplain administrator, in coordination with other pertinent offices of the community,
shall:
(a) Review applications and plans to determine whether proposed new development will
be located in flood hazard areas;
(b) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this chapter;
(00396899.12704-0501640)
TO#2437 Exhibit E
(c) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(d) Provide available flood elevation and flood hazard information;
(e) Determine whether additional flood hazard data shall be obtained from other sources
or shall be developed by an applicant;
(f) Review applications to determine whether proposed development will be reasonably
safe from flooding;
(g) Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance with
this chapter is demonstrated, or disapprove the same in the event of noncompliance;
and
(h) Coordinate with and provide comments to the chief building official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-16. - Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy, additions,
rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any
other improvement of or work on such buildings and structures, the floodplain administrator, in
coordination with the chief building official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
(b) Compare the cost to perform the improvement, the cost to repair a damaged building
to its pre -damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(c) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(d) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this chapter is required.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-17. - Reserved.
Sec. 8-18. - Notices and orders.
(00396899.1 2704-05016401
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The floodplain administrator shall coordinate with appropriate local agencies for the
issuance of all necessary notices or orders to ensure compliance with this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-19. - Inspections.
The floodplain administrator shall make the required inspections as specified in section 8-
33 through 8-33.3 of this chapter for development that is not subject to the Florida Building
Code, including buildings, structures and facilities exempt from the Florida Building Code. The
floodplain administrator shall inspect flood hazard areas to determine if development is
undertaken without issuance of a permit.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-20. - Other duties of the floodplain administrator.
The floodplain administrator shall have other duties, including but not limited to:
a) Establish, in coordination with the chief building official, procedures for administering
and documenting determinations of substantial improvement and substantial damage
made pursuant to section 8-16 of this chapter;
b) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
c) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be
made within 6 months of such data becoming available;
d) Review required design certifications and documentation of elevations specified by this
chapter and the Florida Building Code and this chapter to determine that such
certifications and documentations are complete; and
e) Notify the Federal Emergency Management Agency when the corporate boundaries of
the City of Tamarac are modified.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-21. - Floodplain management records.
Regardless of any limitation on the period required for retention of public records, the
floodplain administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of this chapter and the flood
resistant construction requirements of the Florida Building Code, including Flood Insurance Rate
Maps; letters of change; records of issuance of permits and denial of permits; determinations of
whether proposed work constitutes substantial improvement or repair of substantial damage;
required design certifications and documentation of elevations specified by the Florida Building
Code and this chapter; notifications to adjacent communities, FEMA, and the state related to
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alterations of watercourses; assurances that the flood carrying capacity of altered watercourses
will be maintained; documentation related to appeals and variances, including justification for
issuance or denial; and records of enforcement actions taken pursuant to this chapter and the
flood resistant construction requirements of the Florida Building Code. These records shall be
available for public inspection at the office of the chief building official/building department.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 4. - PERMITS
Sec. 8-22. - Permits required.
Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake
any development activity within the scope of this chapter, 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 chapter and all other
applicable codes and regulations has been satisfied.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-23. - Floodplain development permits or approvals.
Floodplain development permits or approvals shall be issued pursuant to this chapter 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-23.1. - 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 chapter:
(a) Railroads and ancillary facilities associated with the railroad.
(b) Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
(c) Temporary buildings or sheds used exclusively for construction purposes.
(d) Mobile or modular structures used as temporary offices.
(e) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are
directly involved in the generation, transmission, or distribution of electricity.
(00396899.1 2704-05016401
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(f) 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 but 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.
(g) Family mausoleums not exceeding two hundred fifty (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.
(h) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
(i) Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building
Code if such structures are located in flood hazard areas established on Flood Insurance
Rate Maps.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-24. - Application for a permit or approval.
To obtain a floodplain development permit or approval the applicant shall first file an
application in writing on a form furnished by the community. The information provided shall:
(a) Identify and describe the development to be covered by the permit or approval.
(b) 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.
(c) Indicate the use and occupancy for which the proposed development is intended.
(d) Be accompanied by a site plan or construction documents as specified in section 8-29
of this chapter.
(e) State the valuation of the proposed work.
(f) Be signed by the applicant or the applicant's authorized agent.
(g) Give such other data and information as required by the floodplain administrator.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-25. - Validity of permit or approval.
The issuance of a floodplain development permit or approval pursuant to this chapter shall
not be construed to be a permit for, or approval of, any violation of this chapter, 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-26. - Expiration.
A floodplain development permit or approval shall become invalid unless the work
authorized by such permit is commenced within one hundred eighty (180) days after its
(00396899.1 2704-0501640)
TO#2437 Exhibit E
issuance, or if the work authorized is suspended or abandoned for a period of one hundred
eighty (180) days after the work commences. Extensions for periods of not more than one
hundred eighty (180) days each shall be requested in writing and justifiable cause shall be
demonstrated.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-27. - 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 chapter or any other ordinance, regulation or
requirement of this community.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-28. - 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:
(a) The South Florida Water Management District; F.S. § 373.036.
(b) Florida Department of Health for onsite sewage treatment and disposal systems; F.S.
§ 381.0065 and Chapter 64E-6, F.A.C.
(c) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; F.S. § 161.055.
(d) 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.
(e) Federal permits and approvals.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 5. - SITE PLANS AND CONSTRUCTION DOCUMENTS
Sec. 8-29. - Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the requirements of
this chapter shall be drawn to scale and shall include, as applicable to the proposed
development:
(a) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed development.
(b) 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 8-30(b) or
(c) of this chapter.
(c) Where the parcel on which the proposed development will take place will have more
than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not
(00396899.1 2704-0501640)
TO#2437 Exhibit E
f
included on the FIRM or in the Flood Insurance Study, such elevations shall be
established in accordance with Section 8-30(a) of this chapter.
(d) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures.
(e) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(f) 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.
(g) Existing and proposed alignment of any proposed alteration of a watercourse.
The floodplain administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this chapter 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 chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-30. - 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:
(a) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(b) 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;
(c) 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:
(1) Require the applicant to include base flood elevation data prepared in accordance
with currently accepted engineering practices; or
(2) 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.
(d) 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
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Sec. 8-31. -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:
(a) 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 8-32 of this chapter
and shall submit the conditional letter of map revision, if issued by FEMA, with the site
plan and construction documents.
(b) 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.
(c) 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 8-32 of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-32. - 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 6. - INSPECTIONS
Sec. 8-33. - General.
Development for which a floodplain development permit or approval is required shall be
subject to inspection.
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(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-33.1. - Development other than buildings and structures.
The floodplain administrator shall inspect all development to determine compliance with the
requirements of this chapter and the conditions of issued floodplain development permits or
approvals.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-33.2. - Buildings, structures and facilities exempt from the Florida Building Code.
The floodplain administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this chapter and the
conditions of issued floodplain development permits or approvals.
(Ord. No. 0-2013-13, § 2, 6-6-13)
Sec. 8-33.2.1. - Same —Lowest floor inspection.
Upon placement of the lowest floor, including basement, and prior to further vertical
construction, the owner of a building, structure or facility exempt from the Florida Building Code,
or the owner's authorized agent, shall submit to the floodplain administrator:
(a) If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
(b) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 8-30(c)(2) of this chapter, the documentation of
height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner's authorized agent.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-33.2.2. - Same —Final inspection.
As part of the final inspection, the owner or owner's authorized agent shall submit to the
floodplain administrator a final certification of elevation of the lowest floor or final documentation
of the height of the lowest floor above the highest adjacent grade; such certifications and
documentations shall be prepared as specified in section 8-33.2.1 of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-33.3. - Manufactured homes.
The chief building official shall inspect manufactured homes that are installed or replaced in
flood hazard areas to determine compliance with the requirements of this chapter and the
conditions of the issued permit. Upon placement of a manufactured home, certification of the
elevation of the lowest floor shall be submitted to the chief building official.
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(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 7. - VARIANCES AND APPEALS
Sec. 8-34. - General.
The planning board shall hear and decide on requests for appeals and requests for
variances from the strict application of this chapter in accordance with the provisions of section
24-71 of the City Code of Ordinances. Pursuant to F.S. § 553.73(5), and section 24-71 of the
City Code of Ordinances, the planning board shall hear and decide on requests for appeals and
requests for variances from the strict application of the flood resistant construction requirements
of the Florida Building Code.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-35 - Appeals.
The planning board shall hear and decide appeals pursuant to section 24-71 of the City
Code of Ordinances when it is alleged there is an error in any requirement, decision, or
determination made by the floodplain administrator in the administration and enforcement of this
chapter. Any person aggrieved by the decision of the planning board may appeal such decision
to the circuit court, as provided by Florida Statutes.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-36. - Limitations on authority to grant variances.
The planning board shall base its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in section 8-39 of this chapter, the
conditions of issuance set forth in section 8-40 of this chapter, and the comments and
recommendations of the floodplain administrator and the building official. The planning board
has the right to attach such conditions as it deems necessary to further the purposes and
objectives of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-36.1. - Restrictions in floodways
A variance shall not be issued for any proposed development in a floodway if any increase
in base flood elevations would result, as evidenced by the applicable analyses and certifications
required in section 8-31 of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-37. - Historic buildings.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of a
historic building that is determined eligible for the exception to the flood resistant construction
requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings,
upon a determination that the proposed repair, improvement, or rehabilitation will not preclude
(00396899.1 2704-05016401
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the building's continued designation as a historic building and the variance is the minimum
necessary to preserve the historic character and design of the building. If the proposed work
precludes the building's continued designation as a historic building, a variance shall not be
granted and the building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Building Code.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-38. - Functionally dependent uses.
A variance is authorized to be issued for the construction or substantial improvement
necessary for the conduct of a functionally dependent use, as defined in this chapter, provided
the variance meets the requirements of section 8-36.1, is the minimum necessary considering
the flood hazard, and all due consideration has been given to use of methods and materials that
minimize flood damage during occurrence of the base flood.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-39. - Considerations for issuance of variances.
In reviewing requests for variances, the planning board shall consider all technical
evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this
chapter, and the following:
(a) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed development, including contents, to flood damage
and the effect of such damage on current and future owners;
(d) The importance of the services provided by the proposed development to the
community;
(e) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(f) The compatibility of the proposed development with existing and anticipated
development;
(g) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(h) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(i) The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(j) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
(Ord. No. 0-2013-13, § 2, 7-10-13)
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Sec. 8-40. - Conditions for issuance of variances.
Variances shall be issued only upon:
(a) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this chapter or the required elevation standards;
(b) Determination by the planning board that:
(1) Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
(2) The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with existing local laws and
ordinances; and
(3) The variance is the minimum necessary, considering the flood hazard, to afford
relief;
(c) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the office of the clerk of the court in such a manner that it appears in the
chain of title of the affected parcel of land; and
(d) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the floodplain administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of
insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 8. - VIOLATIONS
Sec. 8-41. - Violations.
Any development that is not within the scope of the Florida Building Code but that is
regulated by this chapter that is performed without an issued permit, that is in conflict with an
issued permit, or that does not fully comply with this chapter, shall be deemed a violation of this
chapter. 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 chapter or the
Florida Building Code is presumed to be a violation until such time as that documentation is
provided.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-42. - Authority.
f00396899.1 2704-0501640)
TO#2437 Exhibit E
For development that is not within the scope of the Florida Building Code but that is
regulated by this chapter 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.
(Ord. No. 0-2013-13, § 2, 6-6-13)
Sec. 8-43. - 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 in F.S. §
553.79, and Broward County Amendments to the Florida Building Code.
(Ord. No. 0-2013-13, § 2, 7-10-13)
ARTICLE II. - DEFINITIONS
DIVISION 1. - GENERAL
Sec. 8-44. - Scope.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of
this chapter, have the meanings shown in this section.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-45. - Terms defined in the Florida Building Code.
Where terms are not defined in this chapter and are defined in the Florida Building Code,
such terms shall have the meanings ascribed to them in that code.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-46. - Terms not defined.
Where terms are not defined in this chapter or the Florida Building Code, such terms shall
have ordinarily accepted meanings such as the context implies.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 2. - DEFINITIONS
Sec. 8-47. - Definitions as used in this chapter:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
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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 or a request for a variance.
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 1612.2.] 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
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all
sides. [Also defined in FBC, B, Section 1612.2.1
Design flood. The flood associated with the greater of the following two areas: [Also defined
in FBC, B, Section 1612.2.]
(a) Area with a floodplain subject to a one (1) percent or greater chance of flooding in any
year; or
(b) Area designated as a flood. hazard area on the community'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 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 1612.2.]
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 January 24, 1975, [Also defined in FBC, B, Section 1612.2.]
(00396899.1 2704-0501640)
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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: [Also defined in FBC, B, Section 1612.2.]
(a) The overflow of inland or tidal waters.
(b) 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. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
(a) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(b) 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 1612.2.]
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 1612.2.]
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 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 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 (1) foot. [Also defined in FBC, B, Section 1612.2.1
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.
(00396899.1 2704-0501640)
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Florida Building Code (FBC). 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 11 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:
(a) 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.
(b) 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.
(c) Letterof 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.
(d) 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 eight
thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a
vehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle
frontal area of forty-five (45) square feet or less, which is:
(a) Designed primarily for purposes of transportation of property or is a derivation of such
a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than twelve
(12) persons; or
(c) Available with special features enabling off-street or off -highway operation and use.
(00396899.1 2704-0501640)
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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 non -elevation
requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section
1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight (8)
feet or more in width and greater than four hundred (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." [Also defined in 15C-1.0101, F.A.C.]
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 chapter, 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 chapter and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after January 24, 1975, 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 320.01, F.S. ]
Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in F.S. § 320.01.)
(a) Built on a single chassis;
(b) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(c) Designed to be self-propelled or permanently towable by a light -duty truck; and
(d) 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 1 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, V1-V30, VE or V. [Also defined in FBC, B section 1612.2.]
Start of construction. The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of construction, repair,
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reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred
eighty (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. [Also defined in FBC, B Section 1612.2.]
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
fifty (50) percent of the market value of the building or structure before the damage occurred.
[Also defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds fifty (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 1612.2.]
(a) 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.
(b) 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. 0-2013-13, § 2, 7-10-13)
ARTICLE III. - FLOOD RESISTANT DEVELOPMENT
DIVISION 1. - BUILDINGS AND STRUCTURES
Sec. 8-48 - Design and construction of buildings, structures and facilities exempt from the
Florida Building Code.
Pursuant to section 8-23.1 of this chapter, 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 8-68 through 8-71 of this chapter.
(00396899.1 2704-0501640)
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(Ord. No. 0-2013-13, § 2, 7-10-13) Sec. 8-48.2 `- Specific methods of construction and
reeu
auntyAdministrative Provisions for the -Florida Building Code.
- mnstruction and requirements apply=
i permitted 11*16W the base flood elevation provided the
a n for parking or storaae and:
DIVISION 2. - SUBDIVISIONS
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Sec. 8-49. - Minimum requirements.
Subdivision proposals, including proposals for manufactured home parks and subdivisions,
shall be reviewed to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(b) 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
(c) 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-50. - 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:
(a) Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats;
(b) Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and
base flood elevations are not included on the FIRM, the base flood elevations determined
in accordance with section 8-30(a) of this chapter; and
(c) Compliance with the site improvement and utilities requirements of Section 8-51 through
8-55 of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 3. - SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 8-51. - Minimum requirements.
All proposed new development shall be reviewed to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(b) 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
(c) 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-52. - Sanitary sewage facilities.
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All new and replacement sanitary sewage facilities, private sewage treatment plants
(including all pumping stations and collector systems), and on -site waste disposal systems shall
be designed in accordance with the standards for onsite sewage treatment and disposal
systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into flood waters, and impairment
of the facilities and systems.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-53. - 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-54. - 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 8-31(a) of this chapter demonstrates that the
proposed development or land disturbing activity will not result in any increase in the base flood
elevation.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-55. - Limitations on placement of fill.
Subject to the limitations of this chapter, 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 4. - MANUFACTURED HOMES
Sec. 8-56. - General.
All manufactured homes installed in flood hazard areas shall be installed by an installer that
is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of
Chapter 15C-1, F.A.C. and the requirements of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-57. - Foundations.
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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 chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-58. - 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-59. - Elevation.
(Ord. No. 0-2013-13, § 2, 7-10-13)
(Ord. No. 0-2013-13, § 2, 7-10-13)
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Sec. 8-60. - Enclosures.
Enclosed areas below elevated manufactured homes shall comply with the requirements of
the Florida Building Code, Residential Section R322 for such enclosed areas.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-61. - 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 5. - RECREATIONAL VEHICLES AND PARK TRAILERS
Sec. 8-62. - Temporary placement.
Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:
(a) Be on the site for fewer than one hundred eighty (180) consecutive days; or
(b) 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-63. - Permanent placement.
Recreational vehicles and park trailers that do not meet the limitations in section 8-62 of this
chapter for temporary placement shall meet the requirements of section 8-56 through 8-61 of
this chapter for manufactured homes.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 6. - TANKS
Sec. 8-64. - Underground tanks.
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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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-65. - Above -ground tanks, not elevated.
Above -ground tanks that do not meet the elevation requirements of section 8-66 of this
chapter 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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-66. - Above -ground tanks, elevated.
Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the
design flood elevation on a supporting structure that is designed to prevent flotation, collapse or
lateral movement during conditions of the design flood. Tank -supporting structures shall meet
the foundation requirements of the applicable flood hazard area.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-67. - Tank inlets and vents.
Tank inlets, fill openings, outlets and vents shall be:
(a) 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
(b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
(Ord. No. 0-2013-13, § 2, 7-10-13)
DIVISION 7. - OTHER DEVELOPMENT
Sec. 8-68. - 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 chapter or the Florida Building Code, shall:
(a) Be located and constructed to minimize flood damage;
(b) Meet the limitations of section 8-54 of this chapter if located in a regulated floodway;
(c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(d) Be constructed of flood damage -resistant materials; and
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(e) Have mechanical, plumbing, and electrical systems above the design flood elevation,
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.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-69. - 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 8-54 of this
chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-70. - 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 8-54 of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
Sec. 8-71. - 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 8-54 of
this chapter. Alteration of a watercourse that is part of a road or watercourse crossing shall meet
the requirements of section 8-31(c) of this chapter.
(Ord. No. 0-2013-13, § 2, 7-10-13)
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