HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-026Temp. Ord. #2013
7/11 /03
. Rev #1- 9/15/03
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2003- , -(
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AMENDING CHAPTER 8, FLOOD
PREVENTION AND PROTECTION, SECTION 8-10.
VARIANCES, OF THE TAMARAC CODE, AMENDING THE
VARIANCE PROCEDURES; 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 revision of
variance criteria in the City Code of Ordinances; and
WHEREAS, these changes are needed for compliance with the National Flood
Insurance Program; and
CODING: Words in stFucL �h type are deletions from existing law;
Words in underscored type are additions.
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7/11 /03
Rev #1- 9/15/03
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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 8-10.
Variances.; 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 8-10. Variances. be
revised.
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 8-10, Variances. is hereby amended to read as follows:
Sec. 8-10. Variances.
CODING: Words in ;;Fuel, type are deletions from existing law;
Words in underscored type are additions.
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7/11 /03
Rev #1- 9/15/03
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a) Authority to Grant Variance. The planning board as established by the city
commission of the City of Tamarac shall hear and decide appeals and reguests
for variances from the requirements of this ordinance.
b) Duties of the Planninq Board. The planning board shall hear and decide appeals
when it is alie ed an error in any re uirement decision or determination is made
by the Buildin-q Official in the enforcement and administration of this ordinance.
Any person aggrieved by the decision of the board may appeal such decision to
the circuit court in and for the seventeenth iudicial circuit by petition for certiorari.
c) Variance procedures. In acting upon such applications, The planning board shall
consider all technical evaluations all relevant factors standards specified in
other sections of this ordinance, and:
1. The danger that materials may be swept onto other lands to the iniury of
others;
2. The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the
community;
CODING: Words in sn:u.L ; type are deletions from existing law;
Words in underscored type are additions.
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5. The necessity to the facility of a waterfront location where applicable;
6. The availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage
7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the comprehensive Plan and
flood lain management program for that area;
9. The safety of access to the property in times of flood for ordina and
emergency vehicles;
10.The expected heights, velocity, duration rate of rise and sediment of
transport of the floodwaters and the effects of wave action if applicable,
expected at the site; and
11.The costs of providing governmental services during and after flood
conditions -including maintenance and repair of public utilities and
facilities such as sewer, as electrical and waters stems and streets
and bridges.
d) Conditions for Variances.
1. Variances shall only be issued when there is:
(a) A showing of ood and sufficient cause;
(b) A determination that failure to grant the variance would result in
exceptional hardship; and
(c) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public expense,
create nuisance cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
2. Variances shall only be issued upon determination that the variance is the
minimum necessa considering the flood hazard to afford relief and in
the instance of an historical building, a determination that the variance is
the minimum necessary so as not to destroy_ the historic character and
design of the buildin
3. Any applicant to whom a variance is granted shall be given -written notice
specifying the difference between the base flood elevation and the
elevation to which the lowest floor of the structure is to be built and stating
that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
CODING: Words in 4. Fu type are deletions from existing law;
Words in underscored type are additions.
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4. The Building Official shall maintain the records of all appeal actions and
report any variances to the Federal Emergency Management Agency
upon request.
e) Variance Notification. Any -applicant to whom a variance is granted shall be
given written notice over the signature of the Building Official that:
1. The issuance of a variance to construct a structure below the base flood
elevation will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage, and
2. Such construction below the base flood level increases risks to life and
property.
A coDv of the notice shall be recorded by the Buildina Official in the Public
Records of Broward County and shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
f) Historic Structures. Variances may be issued for the repair or rehabilitation of
buildings_ listed on the National Register of Historic Places or the State_ of
Florida's Inventory of historic places upon a determination that the proposed
repair or rehabilitation will not preclude the continued designation of the building
as historic.
g) Special Conditions. Upon consideration of the factors listed in this chapter, and
the purposes of this ordinance, The planning board may attach such conditions
to the granting of variances, as it deems necessary to further the purposes of
this ordinance.
h) Structures in Regulatory Floodway. Variances shall not be issued within any
designated floodway if any increase in flood levels during the base flood
discharge would result.
CODING: Words in s,,..ck through type are deletions from existing law;
Words in underscored type are additions.
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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 stFuck thrOUgh type are deletions from existing law;
Words in underscored type are additions.
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SECTION 6: This Ordinance shall become effective immediately upon its passage
and adoption.
PASSED, FIRST READING this 24t" day of September, 2003.
PASSED, SECOND READING this 8t" day of October, 2003.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
ORDINANCE as to form.
MITCHELL S. KRAFT
CITY ATTORNEY;
JOE SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
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 Reading
MAYOR SCHREIBER 1
g1ST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS .4
CODING: Words in strueL hYegh type are deletions from existing law;
Words in underscored type are additions.