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HomeMy WebLinkAboutOrdinance_221_09/10/1974~ • AMENDMENT TO THE ZONING ORDINANCE OF TEQUESTA ORDINANCE NUMBER 221 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ORDINANCE NUMBER 211, THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA, BY AMENDING ARTICLE XIX REGARDING NON-CONFORMING USES AND BY ADDING ARTICLE XXV FOR FLOOD PRONE AREAS. WHEREAS, the Zoning Ordinance of the Village of Tequesta, Florida, being Ordinance Number 211, may be amended from time to time on its own motion or on petition, after public hearing, by the Village Council of the Village of Tequesta, Florida; and WHEREAS, the Village Council of the Village of Tequesta is desirous of securing for its citizens the benefits of the National Flood Insurance Program, administered by the Federal Insurance Administration of the Department of Housing and Urban Development; and WHEREAS, the Federal Insurance Administration of the Department of Housing and Urban Development requires adoption of adequate land use and control measures to reduce or avoid needless flood damage, as a requisite for participating in the National Flood Insurance Program; WHEREAS, the Village Council of t Village of Tequesta, Florida, held a Public Hearing on Tuesday ~~,P-- r,~ 1974, to determine if Article XXV - Flood Hazard Areas, Sections 25.1, 25.2, 25.3, 25.4, 25.5, 25.6, 25.7, 25.8, 25.9 and 25.10 should be added to Ordinance No. 211. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AS FOLLOWS: ARTICLE XIX, SECTION 7, OF ORDINANCE NUMBER 211 IS AMENDED TO READ A5 FOLLOWS: 7~DESTRUCTION BY FIRE OR.~'T ~ ACT: Nothing in this ~. Ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty (50) percent of its assessed value by flood, fire, explosion or other casualty, or Act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. The restoration of a building destroyed more than fifty (50) percent of its assessed value by flood, fire, explosion or other casualty, or Act of God, or the public enemy, must meet the requirements of all applicable provisions of this Ordinance including but not limited to the one hundred year flood standards described in Article XXV of this Ordinance concerning special flood hazard areas. Restoration under this Section must be started within ninety (90) days. ARTICLE XXV IS ADDED TO ORDINANCE NUMBER 211 TO READ AS FOLLOWS: XXV. FLOOD HAZARD AREAS Section 25.1 FLOOD LOSSES FROM PERIODIC INUNDATION: Within the Village of Tequesta there exists certain special flood hazard areas subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely effect the public health, safety and general welfare. Section 25.2 DEFINITIONS BASE FLOOD ELEVATION - The height above mean sea level expected to be reached by the 100 year flood. FLOOD PLAIN (OR FLOOD-PRONE AREA) - A land area adjoining a river, stream, watercourse, ocean, bay or lake, which is likely to be flooded. FLOOD PLAIN AREA HAVING SPECIAL FLOOD HAZARDS - That maximum area of the flood plain that, on the average, is likely to 2 be flooded ~e every 100 years (i.e. t~t has a one percent chance of being flooded each year). FLOODWAY - The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude. ONE HUNDRED YEAR FLOOD - The highest level of flooding that, on the average, is likely to occur once every 100 years (i.e. that has a one percent chance of being flooded each year). SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, oz improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the fair market value of the structure either (a) before the improvement is started or (b) if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of the structural part of the building commences. Section 25.3 FLOOD HAZARD AREAS CREATED: There are hereby created within the Village of Tequesta, Florida, flood hazard areas as shown on maps Number H12-099-2982-03 and H12-099-2982-04 provided by the Department of Federal Insurance Administration of the Department of Housing and Urban Development, and dated December 4, 1970, and are incorporated herein by reference as if set out here in full and c~~pies thereof may be viewed in the office of the Village Manager of this Village. Section 25.4 PERMITTED USES IN SPECIAL FLOOD HAZARD AREAS: The uses permitted within any flood hazard area are those uses permitted and regulated by this Ordinance for the zone district in which the area may be located, as said zone districts are set forth in the Village of Tequesta zone map, subject, however, to the following limitations: 1. Proposed permanent structures and substantial improvements in the flood plain area having spec.i.al flood hazards shall be required to have first floor elevations at or above the 100 year flood level. Exceptions may be granted by the local government only for non-residential structures which together with attendant utility and sanitary facilities, are adequately flood proofed up to the level of the 100 year flood. 3 • 2. No use, including land fill, shall be permitted within the flood plain area having special flood hazards if the proposed use, in conjunction with all other uses permitted since enactment of this Article would increase water surface elevations of the 100 year flood more than 1 foot. An applicant for such land use may be required to furnish specific information as to the effect of his proposed action, regarding future flood heights, at the request of the Village Building Inspector or Manager. 3. All permitted structures shall be constructed and placed on the building site so as to minimize obstruction to the flow of flooding waters and permitted structures shall be anchored to prevent flotation, collapse or lateral movement which may result in damage or restriction of the flow of flood waters. 4. Proposed structures and substantial improvements shall be constructed of materials which will minimize flood damage. Section 25.5 SUBMISSION OF SITE PLAN: No structure shall hereinafter be erected or constructed within any special flood hazard areas unless and until a site plan shall have been submitted to the Village Building Inspector for his review and approval in accordance with Section 8 of this Article. Said site plan shall contain the following information: 1. The existing and proposed contours at a contour interval of 1 foot. 2. The proposed elevations of the levels of the lands involved at the corners of the foundations of any structure or structures. 3. The lowest elevation of the lowest proposed floor level within any proposed structure after its completion. 4. The layout of existing and proposed public streets and the nature, extent and location of existing and proposed public utilities servicing the premises in question. Section 25.6 REQUIREMENTS IN SPECIAL FLOOD HAZP~:?.>> '_~;~~;~: The Village of Tequesta shall not approve any site plan required in any special flood hazard area or any proposed subdivision in any special flood hazard area unless and until it is satisfied that the following requirements have been met: 4 . • 1. The lowest floor level of any proposed structure will not be reached by the overflow of the 100 year flood established for this section. 2. Proper facilities have been or will be provided for the disposal of sanitary sewage and of storm drainage 3. Any proposed structure, when built, may be occupied without peril to the health and safety of the occupants. 4. Any proposed structures or attendant protective measures will not impede the flow of surface water through any water course or cause an increase to flood heights or velocity. 5. That the proposed structures will not adversely affect the flood plain management programs, if any, already in effect in neighboring areas. 6. Water, gas and electric systems for any proposed structures will be constructed to minimize flood damage. Section 25.7 LANDS PARTIALLY IN SPECIAL FLOOD HAZARD AREA: Nothing in this Ordinance shall prohibit any use or construction on a parcel of land lying partly in the special flood hazard area and partly outside the special flood hazard area, if such use or construction is confined to the portion of such parcel of land lying outside of the special flood hazard area and is otherwise in accordance with the zoning ordinance and other relevant sections of the Village Zoning Ordinance. Section 25.8 ISSUANCE OF PERMITS: No building permit shall be issued by the building inspector for any proposed structure to be located within a special flood hazard area unless and until the building inspector shall have approved the site plan submitted in accordance with this Article. No certificate of occupancy shall be issued by the building inspector unless or until proof has been submitted to him that all conditions of the site plan approval have been fully met and complied with. Section 25.9 ON-SITE WASTE DISPOSAL SYSTEMS: In the event on-site waste disposal systems are used to serve any Planned Unit Develop- 5 • ment, subdivision, or other new development located in a special flood hazard area within the Village of Teguesta, said system shall be designed to avoid flood impairment and shall meet the requirements set forth in this Section. Said plans shall be subject to review by the Village Manager and a determination shall be made by the Village Manager as to whether the on-site disposal system is suitable and will not contribute to flood impairment. No on-site waste disposal system shall be permitted unless reviewe and approved by the Village Manager. Section 25.10 FLOOD REGULATIONS TAKE PRECEDENCE: Within the boundaries of the special flood hazard areas, the laws and ordinances concerning flood plains, flood proofing, flood-way preservation and other measures designed to reduce flood losses shall take prec over any conflicting laws, ordinances and codes. Section 25.11 SEVERABILITY: If any article, section, sub-section or phrase of this ordinance is for any reason declared invalid or unconstitutional by a Court of competent jurisdict ion, such decision shall not affect the validity of the remaining portions of this ordinance. Section 25.12 INCONSISTENT ORDINANCES: All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistencies. Section 25.13 THIS ORDINANCE SHALL TAKE EFFECT UPON ITS PASSAGE AND APPROVAL AS PROVIDED BY LAW. APPROVED: ~~ MAYOR 6 C~ ATTEST: .' ~_ ~ , ASS TANT VILLAGE CLERK • ~/ - ~(( i c y+--~. ~/" •V i 7 j -~~' r/ ~; CERTIFICATE I, CYRESE COLBERT, Clerk of the Village Council of the Village of Tequesta, do hereby certify that the attached is a true and correct copy of Ordinance No. >~? as adopted by the Village Council on the 10th day of Se ,tember 19 7,_, , and that the same is in full force and effect. WITNESS, my hand and the official seal of the Village this , t-,n day of February , 19~• CYRESE COLBERT VILLAGE CLERK 7