HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-005-Q....e
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Temp. 215
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
ORDINANCE REGULATING DEVELOPMENT WITHIN
FLOOD HAZARD DISTRICTS WITHIN THE CITY OF
TAMARAC; PROVIDING A STATEMENT OF LEGIS-
LATIVE INTENT; PROVIDING DEFINITIONS; REQUIR-
ING BUILDING PERMITS WITHIN FLOOD HAZARD
DISTRICTS; PROVIDING FOR REVIEW OF BUILD-
ING PERMITS, SUBDIVISION PROPOSALS AND
WATER AND SEWER SYSTEMS TO INSURE PROTEC-
TION FROM FLOOD DAMAGE: SETTING STANDARDS
FOR DEVELOPMENT WITHIN FLOOD HAZARD DIS-
TRICTS; PROVIDING FOR ENFORCEMENT; PRO-
VIDING RULES FOR INTERPRETATION OF DISTRICT
BOUNDARIES; PROVIDING RULES FOR INTERPRE-
TATION; PROVIDING FOR VARIANCES AND ESTAB-
LISHING A VARIANCE PROCEDURE; GIVING WARN-
ING AND DISCLAIMER OF LIABILITY; PROVIDING
FOR SEVERABILITY; PROVIDING PENALTIES FOR
VIOLATIONS; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION
1:
Statement of
legislative intent.
There are
.. areas in the
City
of Tamarac,
Florida, subject to
flooding re -
salting in danger to life, loss of property, health and safety
hazards, disruption of commerce and governmental services, extra-
ordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare. The City has expressed
willingness to take action necessary to meet the objectives of the
National Flood Insurance Act of 1968 within Tamarac, Florida, in
securing flood insurance coverage under said act, and agreed to
establish measures required under the Federal Insurance Program.
In , the Federal Insurance Administra-
tion declared the City of Tamarac eligible for Federally assisted
flood insurance, which insurance will mitigate the effects of
damages from such natural disasters as hurricanes and severe
storms and their attendant flooding. This ordinance is adopted
to insure the continued availability of said flood insurance;
to comply with Federally imposed requirements; and to protect
the public health, safety and general welfare, by minimizing
flood losses in the flood -prone areas of Tamarac.
µ-= SECTION 2: Definitions. For the purposes of this ordinance,
the following definitions shall apply:
(a) "General Flood Hazard District," (hereinafter
referred to as GFH District), means that portion of the City of
Tamarac comprised of those areas designated "A" upon the official
Flood Hazard Boundary Map issued and approved by the Federal
Insurance Administrator dated June 21, 1974, and numbered No. H-01
through 04 and as the same may, from time to time, be amended by
the Federal Insurance Administrator.
(b) "Flood" or "flooding" means a general and
temporary condition of partial or complete inundation of normally
dry land areas from (a) the overflow of streams, rivers, or
other inland water, or (b) abnormally high tidal water or rising
coastal waters resulting from severe storms, hurricanes, or
tidal wave.
(c) "Floodproofing" means structural and nonstructural
additions, changes, or adjustments (other than elevating) to
structures and utilities which reduce or eliminate flood damage
to water supply and sanitary sewage facilities, structures and
contents of buildings, and includes, by way of illustration, not
limitation, the following measures:
1. Anchorage to resist flotation and lateral movement.
2. Installation of watertight doors, bulkheads, and
shutters, or similar methods of construction to
protect against winds, wave action, or flood waters.
3. Reinforcement of walls to resist water pressures.
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4. Use of paints, membranes, or mortars to reduce
seepage of water through walls.
5. Addition of mass or weight to structures to
resist flotation.
6. Installation of pumps to lower water levels in
structures.
7. Construction of water supply and waste water
treatment and disposal systems so as to prevent
the entrance or infiltration of flood waters.
8. Pumping facilities or comparable practices for
subsurface drainage systems for buildings to
relieve external foundation wall and basement flood
pressures.
9. Construction to resist rupture or collapse caused by
water pressure on floating debris.
10. Installation of valves or controls on sanitary and
storm drains which will permit the drains to be
closed to prevent back-up of sewage and storm
waters into the buildings or structures. Gravity
draining of basements may be eliminated by
mechanical devices.
11. Location of all electrical equipment, circuits and
installed electrical appliances in a manner which
will assure they are not subject to flooding and
to provide protection from inundation by the
regulatory flood.
12. Location of any structural storage facilities for
chemicals, explosives, buoyant materials, flammable
liquids or other toxic materials which could be
hazardous to public health, safety, and welfare in
a manner which will assure that the facilities are
situated at elevations above the height associated
with the regulatory protection elevation or are
adequately floodproofed to prevent flotation of
storage containers, or damage to storage containers
which could result in the escape of toxic materials
into flood waters.
(d) "Regulatory flood," (also herein referred to as
100-year flood) means the level of flooding that, on the average,
is likely to be equaled or exceeded once in any 100-year period
(i.e., that has a one -percent chance of occurring in any year).
For purposes of this ordinance the regulatory shall be that
elevation as established by the Broward County Water Resources
Department 100-year flood standard.
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(a) Require building permits for all proposed con-
struction or other improvements within said
districts; and
(b) Review building permit applications for repairs
within said districts to determine that the pro-
posed repair (i) uses construction materials and
utility equipment that are resistant to flood
damage, and (ii) uses construction methods and
practices that will minimize flood damage; and
(c) Review building permit applications for new con-
struction or substantial improvements within said
districts to assure that the proposed construction
(including prefabricated and mobile homes) (i) is
protected against flood damage, (ii) is designed
(or modified) and anchored to prevent flotation,
collapse or lateral movement of the structure,
(iii) uses construction materials and utility
equipment that are resistant to flood damage,
and also uses construction methods and practices
that will minimize flood damage; and
(d) Review subdivision proposals and other proposed
new developments to assure that (i) all such pro-
posals are consistent with the need to minimize
flood damage, (ii) all public utilities and
facilities, such as sewer, gas, electrical, and
water systems are located, elevated, or con-
structed to minimize or eliminate flood damage,
and, (iii) adequate drainage is provided so as to
reduce exposure to flood hazards; and
(e) Require new or replacement water supply systems
and treatment plants and sanitary sewage plants
and systems to be designed to minimize or
eliminate infiltration of flood waters into the
systems and plants and discharges from the systems
and plants into flood waters, and require onsite
waste water disposal systems to be located so as
to avoid impairment of them or contamination from
them during flooding.
SECTION 4. Development within GFH Districts.
(a) No new construction or substantial improvement of
any residential structure shall be permitted in GFH Districts, and
no building permit referred to in Section 3 of this ordinance
shall be issued therefor, unless said new construction or substantial
improvement has the lowest floor (including basement) elevated to
or above the level of the regulatory flood (100-year flood).
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(b) No new construction or substantial improvement
of any nonresidential structure shall be permitted in GFH
Districts, and no building permit referred to in Section 3 of i-1.11's
ordinance shall be issued therefore, unless said new construction
or substantial improvement has the lowest floor (including base-
ment) elevated to or above the level of the regulatory flood (100-
year flood), or if the lowest permitted floor level of such non-
residential structure (including basement) is below the regulatory
flood level then such nonresidential structure together with
attendant utility and sanitary facilities shall be floodproofed
up to the level of the regulatory flood; provided that the lowest
floor level of such nonresidential structure (including basement)
shall be no more than 10 feet below the regulatory flood level.
SECTION 5: Accessory Buildings. Nothing herein shall be
construed to exclude accessory buildings from the provisions of
this ordinance.
SECTION 6: Application of Chapter.
(a) This chapter shall apply to and be enforced in the
incorporated area of the City of Ta-marac.
(b) Those maps referred to in Section 2(a) and (b)
together with all explanatory matter thereof are hereby adopted
by reference and are declared to be part of this ordinance; and
shall be kept on file, available to the public, in the offices
of the City's Chief Building Of
SECTION 7: Enforcement. The Chief Building Official and
the Building Department of the City of Tamarac shall administer
and enforce this ordinance.
SECTION $: Rules for Interpreting District Boundaries.
The boundaries of the flood hazard districts shown on the Official
Flood Hazard Boundary Maps may be determined by scaling distances.
Required interpretations of those maps for precise locations of
said boundaries shall be made by the Chief Building Official.
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Said interpretations shall be subject to review in accordance
with Ordinance 74-342 as amended, of the City of Tamarac, Florida,
as it pertains to appeals of administrative decisions of an
administrative official.
SECTION 9: This ordinance shall supercede any conflicting
ordinance, building code or any other regulation whether a
county or municipal ordinance to the extent that this ordinance
imposes more stringent requirements for the use or development of
any lands or structures within GFH Districts. It is not intended
to repeal, modify, or change any ordinance, building code, or
other regulation except as herein stated.
SECTION 10: Inter retation. The provisions of this ordin-
ance shall be liberally construed in favor of the governmental
entities affected hereby in order to effectuate the purposes
herein stated.
SECTION 11: Variances.
(a) Authority of the Board of Adjustment. The Board
of Adjustment established by Ordinance No. 74-34 of the City of
Tamarac, Florida, shall have the authority and duty to consider
and act upon applications for a variance from these regulations
as hereinafter set forth. Such Board is admonished that in
granting any variances hereunder, it must consider the purposes
of the National Flood Insurance Program, as specified in Title
24, Code of Federal Regulations, Chapter 10, subchapter B,
Parts 1909, et. seq. Further, such Board shall consider the fact
that an annual report on variances granted must be submitted to
the National Flood Insurance Administration, which report is the
basis for continued availability of flood insurance to the in-
habitants of the City of Tamarac, and therefore, variances should
be granted with extreme caution.
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(b) The Board may grant variances from the terms of
this ordinance as will not be contrary to the public interest,
where owing to special conditions, a literal enforcement of the
provisions hereof will result in unnecessary hardship, and so the
spirit of the regulations shall be observed and substantial justice
done: provided that the variance will be in harmony with the
general purpose and intent of this ordinance and that the same is
the minimum variance that will permit the reasonable use of the
premises.
(c) Conditions restrictions and limitations. In
granting any variance, the Board of Adjustment may prescribe any
reasonable conditions, restrictions and limitations that it deems
necessary or desirable.
SECTION 12: Warning and Disclaimer of Liability. The
degree of flood protection required herein is considered reasonable
for regulatory purposes and is based on scientific studies.
ILarger floods may occur. This ordinance shall not be deemed to
imply that areas inside or outside designated flood hazard
districts will be entirely free from flooding or flood damages,
and shall not create liability on the part of the City of Tamarac
or any officer or employee thereof for any flood damages that
results from reliance on this ordinance or any administrative
decision lawfully made thereunder.
SECTION 13:
Severability. If any section, clause, pro-
vision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
said ordinance shall not be affected thereby.
SECTION 14: Penalties for Violation.
(a) Willful violations of the provisions of this
ordinance or failure to comply with any requirements hereunder
(including violations of conditions established in connection with
any variances) shall constitute a misdemeanor, punishable by fine
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IL
of not more than $500 or imprisonment for not more than 60 days
or both. Each day such violation continues shall be considered
as a separate offense.
(b) Notwithstanding the provisions of subsection (a)
above, the official responsible for the enforcement of the pro-
visions of this ordinance may secure enforcement hereof by any
legal action necessary, such as application to any court for
injunctive relief, revocation of any building permit issued
hereunder or other appropriate means.
SECTION 15. It is the intention of the City Council, and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of
the City of Tamarac, Florida; that the sections of this ordinance
may be renumbered or relettered to accomplish such intention;
and that the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 16. The provisions of this Ordinance shall not
apply to those buildings for which a building permit has been
issued and is in effect or for which proper and complete applica-
tions and plans have been submitted for building permits on or
before the effective date of this ordinance provided that the
construction under the permit shall be commenced and progressively
carried to a conclusion within the time limitations for permits
established in Section 304.3 of the South Florida Building Code.
.. 9
I.
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D DAY OF 974 PASSED FIRST READING THIS
a
PASSED SECOND READING THIS 0 DAY OF
PASSED THIRD READING THIS -DAY OF I971;.
Attest:
CLE K
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this ORDINANCE.
RECORD OF COUNCIL VOTE
M - D. JOHVON A(4-C 1 Aq.e_
V';i1 (l. '.11( 61FI� _1�t1-C I �� t
C/YhV E. LFiNGF (�7►�- 1 ,
C/W H. MASSAM R
C/M M. GLICKSMAN 1 &0 I