HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-008Temp. Ord. #2004
1 /13/03
Revised 4/09/03
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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
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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
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Revised 4/09/03
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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
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(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
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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
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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.
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Temp. Ord. #2004
1 /13/03
Revised 4/09/03
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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.