Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-008Temp. Ord. #2004 1 /13/03 Revised 4/09/03 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2003-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 8, FLOOD PREVENTION AND PROTECTION, SECTION 8-1. DEFINITIONS, OF THE TAMARAC CODE, ADDING THE DEFINITIONS: AREA OF SPECIAL FLOOD HAZARD, LOWEST FLOOR, MANUFACTURED HOME, SPECIAL FLOOD HAZARD AREA AND START OF CONSTRUCTION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Community Affairs has evaluated the City of Tamarac's Floodplain Management Program; and WHEREAS, the Department of Community Affairs has made recommendations for changes to our floodplain management program; and WHEREAS, the Department of Community Affairs is recommending additional terms be defined in the City Code of Ordinances; and WHEREAS, these changes are needed for compliance with the National Flood Insurance Program; and CODING: Words in ;••n 4•'; type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2004 1 /13/03 Revised 4/09/03 2 WHEREAS, the Building Official recommends the amendment to the City of Tamarac Code of Ordinances Chapter 8, Flood Prevention and Protection, Section 8-1. Definitions. to provide for the additions; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac that the City of Tamarac Code of Ordinances Chapter 8, Flood Prevention and Protection, Section 8-1. Definitions. be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: That the foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: That the City of Tamarac Code of Ordinances Chapter 8, Flood Protection and Prevention, Section 8-1, Definitions. is hereby amended to read as follows: 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: CODING: Words in stfuek thr-eugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2004 1 /13/03 Revised 4/09/03 3 Accessory building means a secondary residence, garage or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include a guest house or servants' quarters unless prohibited by existing deed restrictions or any applicable governmental regulations. Area of s ecial flood hazard is the land in the flood lain within a community subject to aone-percent or reater chance of flooding in anygiven year. Basement means that portion of a building between the floor and ceiling, which is so located that one-half or more of the clear height from floor to ceiling is below grade. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of steams streams, rivers or other inland water, or from abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes or tidal wave. 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 and 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 floodwaters; (3) Reinforcement of walls to resist water pressures; (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) Water and sanitary water disposal lines and facilities designed and installed so that below base flood level the structures or lines are watertight with a wall substantially impefemeable impermeable, to the passage of water and structural components that have the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (8) Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures; CODING: Words in stmek through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2004 1 /13/03 Revised 4/09/03 4 (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 backup of sewage and stormwaters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices; (11) Electrical, heating and ventilating, plumbing, air conditioning equipment and other service facilities designed, installed and located so as to prevent water from entering or accumulating within the components during conditions of flooding; (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 ensure 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 floodwaters. General flood hazard district means that portion of the city composed of those areas designated upon the official flood insurance rate map issued and approved by the Federal Insurance Administration, dated February 15, 1978, and numbered Community Panel Number 120058 0001 B; 120058 0002 B; 120058 0003 B; and as the same may from time to time be amended by the Federal Insurance Administration. Lowest floor means the lowest floor of the lowest enclosed area (includin basement). --An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the nonelevation desian standards of this ordinance. Manufactured home means a buildina. transportable in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, -travel trailers, and similar transportable structures placed on a site for 180 consecutive days or Ionaer and intended to be improved property. CODING: Words in S*....,,�, type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2004 1 /13/03 Revised 4/09/03 5 Regulatory flood (also referred to as the 100-year flood) means the level of flooding that, on the average, is likely to be equaled or exceeded once in any one -hundred -year period (i.e., that has a one -percent chance of occurring in any year). For purposes of this chapter the regulatory flood shall be that elevation as established by the Federal Insurance Administration, 100-year flood standard as published on the (FIRM) for the city, together with revisions thereto which may be made from time to time. Residential or residence is applied to any lot, plot, parcel, tract, area or piece of land or any building used exclusively for family dwelling purposes or intended to be so used, including concomitant used as specified in chapter 24 of this Code. Special flood hazard area (SFHA) (see Area of special flood hazard means an area havinq special flood hazard and shown on a Flood Hazard Bounds Ma FHBM or Flood Insurance Rate Ma FIRM as Zone A AO Al-A30 AE A99 or AH. Start of construction for other than new construction or substantial improvements under the Coastal Barrier Resources Act P.L. 97-348), includes substantial improvement, and means the date the buildin ermit was issued provided the actual start of construction repair, reconstruction or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement footings, piers or foundations or the erection of tem ors forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For 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. Structure means anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings, walls, fences, signs, light standards, towers, CODING: Words in sitsi.'�, type are deletions from existing law, Words in underscored type are additions. Temp. Ord. #2004 1 /13/03 Revised 4/09/03 6 tanks, mobile homes, and manufactured housing. Permits must be obtained for all of the above, and only issued if they are within a floodprone area, if they are designed to be anchored to prevent flotation, collapse, and to resist lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including buoyancy. Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement is started or, if the structure has been damaged and is being restored, before the damage occurred. SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end of the provisions of this Ordinance are declared to be severable. CODING: Words in str-w.'�, type are deletions from existing law; Words in underscored type are additions. 1 1 Temp. Ord. #2004 1 /13/03 Revised 4/09/03 7 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 23rd day of April, 2003. PASSED, SECOND READING this 14th day of May, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. ript�l SCHREIBER,•' RECORD OF COMMISSION VOTE: 1 st Read! MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS RECORD OF COMMISSION VOTE: 2nd Re., MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS CODING: Words in sure, thf""s type are deletions from existing law; Words in Underscored type are additions.