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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-026Temp. Ord. #2013 7/11 /03 . Rev #1- 9/15/03 1 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. Temp. Ord. #2013 7/11 /03 Rev #1- 9/15/03 2 WHEREAS, the Building Official recommends the amendment to the City of Tamarac Code of Ordinances Chapter 8, Flood Prevention and Protection, Section 8-10. 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. Temp. Ord. #2013 7/11 /03 Rev #1- 9/15/03 3 .�. - _ — 00""1111mm-_ M vow. 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. Temp. Ord. #2013 7/11 /03 Rev #1- 9/15/03 4 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. Temp. Ord. #2013 7/11 /03 Rev # 1 - 9/15/03 5 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. Temp. Ord. #2013 7/11 /03 Rev #1- 9/15/03 6 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. Temp. Ord. #2013 7/11 /03 Rev #1- 9/15/03 7 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.