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HomeMy WebLinkAboutDocumentation_Board of Adjustment_Tab 03_04/19/2010 "GE OF rf VILLAGE OF TEQUESTA Y DEPARTMENT OF COMMUNITY DEVELOPMENT $ 0 345 Tequesta Drive - Tequesta, Florida 33469 -0273 a o (561) 575 -6220 - Fax: (561) 575 -6224 F4Ch COU Sy PUBLIC NOTICE The Board of Adjustment of the Village of Tequesta will conduct a Public Hearing on April 19, 2010 at 7:00p.m. or as soon thereafter as possible in the Village Council Chambers located at 345 Tequesta Drive, Tequesta, Florida 33469. A hearing will be held to consider and make a final determination regarding the following: V 1 -10 Request for variances in order to construct an addition onto an existing single family structure: Relief from Sec. 78 -95 to allow enlargement of a non - conforming building; Sec. 78 -143 to allow a front yard of 19.78 feet where the code requires a minimum of 25 feet, and to allow lot coverage of 42% after improvements on a lot with a current lot coverage of 38% where the code allows a maximum lot coverage of 37 %; and Sec. 78 -785 to allow the proposed addition to be built with a finish floor elevation of 7.0 where the code requires the proposed addition to have a finish floor elevation of 8.5, or 18 inches above the crown of the adjacent road, whichever is more stringent. The applicant is Carl Martin. The address of the property is 339 River Drive, Tequesta, Florida, 33469. The legal description of the lot is Tequesta In PB 25 Pgs 7 to 15 Incl. The property is located in Zoning District R-1 A. The application for variances and all related documents are available for public examination and copying in the Village Community Development Office, Monday through Friday, between the hours of 8:30 a.m. and 5:00 p.m. The Public Hearing may be continued from time to time, as necessary. All interested persons are encouraged to come to the Public Hearing and be heard. PLEASE TAKE NOTICE AND BE ADVISED, that if a person decides to appeal any decision made with respect to any matter considered at this hearing, he or she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The Village of Tequesta does not provide such a record. PUBLISH: April 7, 2010 POSTED: April 1, 2010 F ! s. APPLICATION FOR VARIANCE I AA VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT 345 TEQUESTA DRIVE TEQUESTA, FL 33469 (561) 575 -6220 FAX: (561) 575 -6224 NAME OF APPLICANT: e ak-L Ma A - r 1 r) MAILING ADDRESS: -3,3 Rile-r Ae. 7 u e s 33 Y (c PHONE NO. (ROME) { f - ' � 7 25 - 1 9 e e 1/ 1-5 - LOT)PARCEL ADDRESS: f Z 3 i Ve r D r'. T u e 61-79 i EL- 33 6 9 LOT: Te4 "e.57n ZtF 6BL0CY , SUBDMSION Te v s P aS l 6 PROPERTY CONTROL NUMBER - 5A U -- a - O 1 - D b 0 — © 8 (a D NATURE OF VARIANCE: � e- a e, N'►-r� o acR,k, t3cA:t� � * - c ) o� e,7 `fu Maisz - b ecQ_ roo JUSTIFICATION OF VARIANCE: Please address the six criteria of the Zoning Code; Ref: Ark ILt, Sec. 78 -65(2) A F. If your variance request is related . to the public waters of the State of Florida, comprising the Loxahatchee River and the Intracoastal Waterway including all creeks, canals or tributaries therewith, you must also address the ten criteria listed in the attached Zoning Code; Ref Art. XIII, Sec. 78 837(b), (l) NOTE: Applicant shall include the following items with this application: 1) Cuftnt sealed survey of nronertv showing all structures and setbacks. 2) Drawings to scale of proposed improvements. 3) Written approval from property owner, if other than applicant. 4) Any other documentation pertinent to this application. 5) Copies of all submittals as follows: Board of Adjustment Variance Request - 15 conies Village Council Variance Request - 23 conies 6) Application Fee of A) Single Family - $ 300.00 B) Duplex - $ 500.00 C) Multiple Family - $ 750.00 D) Commercial - $1,000.00 APPLICANT SIGNATURE: „ DATE: March 19, 2010 Board of Adjustment Variance Request & Village Council Variance Request Subject: Nature of Variance Request Background: This home was originally built in 1959 by a previous owner and at that time the garage was placed on the lot 5' further forward than the Code permits (20' versus code of 25'). Also the elevation of the home is less than the current Code (7' versus code of 85). These are conditions that F am unable to change. Currently, the home covers 36 % of the tot versus code of 37% and with the addition the home will cover -l%. The minimum green space per code is 30% and with the addition we will have 41% green space. Request : -. I am requesting approval to add a bathroom and closet with the same finished floor elevation on the side of my home for the master bedroom which currently does not have a private bath. This addition will be within the property setbacks including front, rear and side. This is a lovely three bedroom two bath home built over 50 years ago and by adding the addition it will keep it current with homes in the area. This request meets the criteria of Zoning Code: Ref: Art. III, Sec. 78 -65(2) A -F. (a) The garage placement at 20' versus code of 25' and the 7' elevation versus code of 8.5' of the home was constructed by original owner over 50 years ago for an unknown reason. (b) The special conditions do not result from the action of us, the applicants. (c) This request will not confer on us, the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in same zoning district. (d) Other properties in this zoning district under terms of this. chapter have been granted variances. By adding the addition it updates the home and keeps it current withother homes in the area. (e) The addition is only 415 sq. feet which is the minimum that will make possible the reasonable use of the building. (f) The addition which is within the code set back, as well as meets landscaped open space will not be injurious to the area involved or detrimental to public-welfare. In closing my neighbor has the same code issues as I however, they were granted a variance . providing that they signed an agreement to hold the Town of Tequesta not responsible if there is flooding. I am willing to sign an agreement of this nature. On a personal note I had colon cancer surgery and my wife has Crohns and it is critical to us to have a bathroom that we can access quickly during the night as well as having a bathroom that is not occupied by others in the home when needed. Your consideration is greatly appreciated. Thank you, Carl Martin R.B. Brennan Sg jaMIM Inc., LE # 6813 P.O. BOX 1090 , Jupiter, Florida 33468 _ ~ (X=TA, 1 33469 Voice: 561 - 776 -0505 Fax* 561-776-0506 www.brennanservices.cotn- -- brenna0i'{}IT pani"@atLneT h atiw �a x�t� 1� 5 n �arn��# air h yf rY , ^4r -r„� AFB s v '... aayr '{ � 'ti``•.... `v , III Property Loaatioa shoava as this l.ecrairalldaFfs � es Algtxi�ss and Data pro+ided by Mioroeoft C.orpa ratreR, � Snrveyor des na res$oY regas�g trio eem>rmy oEsaid Lae ttaP Job No.: 10 -03 -046 Property Address: 339 RIVER DRIVE TEQUESTA, FLORIDA 33469 Lesal Description: LOT 86, TEQUESTA, A SUBDIVISION IN PALM BEA'CH COUNTY, FLORIDA, ACCORDING TO TIDE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR ALM BEACH COUNTY, FLORIDA RECORDED IN PLAT BOOK 25, PAGE 7 THROUGH 15, CLUSIVE_ Field Date: 03/24/2010 Certif' To:, LINDA MARTIN AND CARL MARTIN LgI COVERAGE CALCULATIONS: LOT = 11,998.3 SQ. FT=0.28 ACRES EXISTING HOUSE :3, - 7 9 9 s F. PROPOSED ADDITION= 416.9' SQ. FT- POOL DECKS & PORCHES i -7-yo ,5 DRIVEWAY, WALKS & PADS = 1342.5 SQ. FT -11% GREENSPACE=- .l 8 g _ ` `'�b HOUSE &'/z OF 2`001, BECK �� t� SF ; HOUSE /2 OF POOL DECK & ADDTfi6T4 SuEv mn Notes• 1) Lands shown hereon have not been abstracted by this office for easements, resavations, or HOU of way of record. 2) subsur€ace it 000vanents or encroadlunem were not located or shown her +con. 3) Elevations shown hereon are relative to the National freodetie Vertical Datum of 1929, Mess otherwise noted. 4) Only ituprmentents located are those shown hereon. All Dimensions shown are per plat unless otherwise doted. ). Written Dimensions take Pretence over scaled dimensions and distmtee are not to be scaled for constniction and/or designs puipt3m 7). Underground Portions -of footings, fotrs or other iruluovennerrts were not located. 8). This survey cannot be tzansferredor assigned without the speciSc written perrtnnissitnt of [i„ B. Brennan Surveyin& Inc. 9). No responsibility is assumed by this surveyor for the construction of impmveinents from building ties shown on this sumcy. 10). Fence ownership is not determined, location only. Lemrid A. Are I.P. Iron Pipe P.O.B. Point of Beginning C.S. Catch Soria A/C. Aireonditioner TAX, hmRod/Cap P.C.P. Pmmanwitc(mool Point SQ FT. Sgtt nFeet BINL Bench Mark Lk Iron Rod pal Page 1PIC {non Pipe & Cap CHID Chord L.B. Uaccmed DW600 PK Paakar/ woo Nail C. Calculated C.L.F. Chain Link Fence L.P. Light Pole Pis Pmihasimnl rand su vtya No. Number OL. CewerLine L. Leogth P.RC_ PointefReverseCurve TWp. Township CM. CoacreteMauument (" Measured P,R.M Rge Rates Im kW=5fflW=E=CmQA CONC. Cmattt M.H. Dian Hain P.S.M Pffla"10ftdSurvr Sec. Section DH Drill bole (Dd.) Dad t/- Phoor Minus P.T. Paint ofTansency RAE Ro procalAm=Easement D.E. Drainage Easement N. V.G.D. National Geodetic Vertical Datum R, Radial L.A.E. Limited Acom Easement A Delta Angle O.RD Official Records Boole R.L.S. RVAared Land Surveyor A.E. Axrm Eawe EL. Elevation 0111 Overhead Utility Limes R/W R4 P.P.L. Florida Howes & Light Co. E.O.P. EdgeofPavemertt P. Pint U.E. UtriwayEasmneet CAT.V. C"Teievisioalor E.O.W. Edge of Water P.B. P}at Book U.P. Uffdy Pete CBS C%Wft ¢ WA& StrttOM FND. Found P.C. Point of Curaature W.V. Water VRlvc NAVD 'Ncxttt Aurorae Vatic! Dam F.F. Finish Floor P.C. C. Paint ofCompoundcurvature W.M. W*W meta (R) Reourded Measseawnt F.H. Fire Hydrant P.O.C. Polak of Commencement _x _x Feaee E. Sax » Sox S.Y. Sewer Valve b1.E. Maintenance Easement ALF Alamftmm F=m 'VF. Vinyl Feam C.F.T. Calculated Field Traverse Date Orig. Rev. By Chk. Job Number National Flood Insurance Program Data 03!24/10 x MM TM 10-03 -046 Community Panel No: 120228 0001 C Firm Date: 0950/82 Sh et 1 of zone: A7 Base Flood Elevation: &0 Lowest Floor Elegy: 7.0 R.B. RR N SURVEYING BOUNDARY SURVEY LOT COVERAGE CALLS SITE PLAN LOT- 11,998.3' S.F. - 0.28 ACRES EXIST, HORSE- 3335.0` S.F. UNDER ROT PROP. ADDITION- 416.9' S.F. POOL DECK & PORNES- 19KO S.F. DRIVEWAY, WALKS & PADSw 1342.5' S.F. : GRO NSPACE- 4915.9' S.F. OR AX M ,.-C RIVER DRIVE 45-39W vx�ao v v r 1oo.00' " trio t/s rt 3 uafltx Paz CflNeRE1E 2X iRONT ORRRWAY vx SEMACK MLO r fir sm 7 smm PROPOSED }39 1x86' 1 $raw LOT ad E' YOIYL IIOIXi�i t SIONY CBS g - tov RESKIIVa xwv LOT 87 35L3` Wr 05 mwANH 6 PC 04 TANK fDiCE Ni Z' tau Std Comm ma BE'�Aac SE sus V3k'c a g sit sre/c xar low LJ3 COtr4�iE BIKl�AD 166' LO%AM70i E NWR Wo1n 6oac SURmores HtlTLq -, 1. THIS SURVEY IS PREPARED FOR: CARL MARTIN 2. ?a LOW SHOWN HEREON WERE NOT ABSTRACTED FOR EASENE TS AND /OR RIGHTS -OF -RAY OF RECORD. 3. VISIBLE ENCROACHMENTS ARE AS SHOWN, 4:. ELEVATIONS SHOWN HEREON ARM BASED ON N.t.V.D. OF 1929 DATUM. 3. NOTIM THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. & TMS SEMI IS TITS PROPERTY OF TERRY L MACD$VdT!' AND R.D. BRENNAN. INC. AND SHALL NOT BE REPRODUCED IN WHOLE OR PART WITHOUT THE PERIWWN OF ABOVE PARTIES IN WRITING. 7. BOUNDARY OWNSIONS SHOWN ARE PER PLAT AND FIELD MEASUREMENT UNLESS OTHERWISE NOTED. & CITY WATER & SEWER IS AVAILABLE �s REVISIONS FERRY L. MACDEVITT n�;�ox �� $F NOT VA= WZMourr rM SZONAMM ANA na 0MQWAL X"M SA" 01P A f F OR11U J�MM SVRMVR AND MAPPER. Vow IL ram T P Oi•JMSMS" NURVAM g MAPM >r� FLOAMA 026D14 2 2 l X& 4W U .S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660 -0008 Federal Emergency Management Agency Expires February 28. 2009 National Flood Insurance Program Important: Read the instructions on pages 1 -8. SECTION A - PROPERTY INFORMATION For Insurance Company Use: Building Owner's Name CARL AND LINDA MARTIN Policy Number "O K 2. Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Company NAIC Number 339 RIVER DRIVE City TEQUEST State FL ZIP Code 33469 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) LOT 86, TEQUESTA, PLAT BOOK 25 PAGES 7 -15 A4. Building Use (e.g., Residential, Non - Residential, Addition, Accessory, etc.) RESIDENTIAL A5. Latitude /Longitude: Lat. 26.970318 Long. - 80.124028 Horizontal Datum: ❑ NAD 1927 ® NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. AT Building Diagram Number 1 A8. For a building with a crawl space or enclosure(s), provide A9. For a building with an attached garage, provide: a) Square footage of crawl space or enclosure(s) N/A sq ft a) Square footage of attached garage 484 sq ft b) No. of permanent flood openings in the crawl space or b) No. of permanent flood openings in the attached garage enclosure(s) walls within 1.0 foot above adjacent grade N/A walls within 1.0 foot above adjacent grade NIA c) Total net area of flood openings in A8.b N/A sq in c) Total net area of flood openings in A9.b N/A sq in SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name & Community Number B2. County Name B3. State VILLAGE OF TEQUESTA - 120228 PALM BEACH FLORIDA B4. Map/Panel Number B5. Suffix B6. FIRM Index B7. FIRM Panel B8. Flood B9. Base Flood Elevation(s) (Zone Date Effective /Revised Date Zone(s) AO, use base flood depth) 120228 0001 C 9/30/1982 9130/1982 A7 6' B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9. ❑ FIS Profile ® FIRM ❑ Community Determined ❑ Other (Describe) 811. Indicate elevation datum used for BFE in Item B9: ® NGVD 1929 ❑ NAVD 1988 ❑ Other (Describe) B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? ❑Yes ®No • Designation Date ❑ CBRS ❑ OPA SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: ❑ Construction Drawings' ❑ Building Under Construction' ® Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations - Zones Al -A30, AE, AH, A (with BFE), VE, V1 430, V (with BFE), AR, ARIA, ARIAE, AR/A1 -A30, AR/AH, ARIAO. Complete Items C2.a -g below according to the building diagram specified in Item AT Benchmark Utilized FDEP 2481 K ELEV =6.57 Vertical Datum N.G.V.D. 1929 Conversion /Comments Check the measurement used. a) Top of bottom floor (including basement, crawl space, or enclosure floor)_ 6.96 ® feet ❑ meters (Puerto Rico only) b) Top of the next higher floor NIA. ❑ feet ❑ meters (Puerto Rico only) c) Bottom of the lowest horizontal structural member (V Zones only) N /A. ❑ feet ❑ meters (Puerto Rico only) d) Attached garage (top of slab) 7.01 ® feet ❑ meters (Puerto Rico only) e) Lowest elevation of machinery or equipment servicing the building 6.49 ® feet ❑ meters (Puerto Rico only) (Describe type of equipment in Comments) f) Lowest adjacent (finished) grade (LAG) 6.20 ® feet ❑ meters (Puerto Rico only) g) Highest adjacent (finished) grade (HAG) 6.70 ® feet ❑ meters (Puerto Rico only) SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. - ❑ Check here if comments are provided on back of form. Certifiier's Name DOUGLAS J. BLANKENSHIP License Number 4699 itle PROFESSIONAL SURVEYOR AND MAPPER Company Name DAILEY AND ASSOC., INC Address 112 N. US HWY. 1 City TEQUESTA State FL ZIP Code 33469 LS #4699 Signature Date 2/13/2007 Telephone 561 - 746 -8424 2/13/20-07, FFIUA r=nrm A4--44 cok­.,... )nna o_- -- ••_ --- -:�- r__ --- ` ° - . - -` -- *c. 78 -143. Schedule of site requirements. • The following schedule establishes the minimum property and building regulations for development within the village: SCHEDULE OF SITE REQUIREMENTS Minimum Setbacks Minimum Maximum Living Area Minimum Minimum Lot Minimum Lot Maximum Building Require- Landscaped District Size Width Lot Coverage Front Yard Side Yard Rear Yard Height ments Open Space R -1A 12,000 sq. ft. 100 ft. 37% 25 ft.' 10 ft. for main 20 ft. for main 2 stories/30 ft. 1,600 sq. ft. 30% building and building or main building accessory structure or structure building 10 ft. for any 1 story/15 ft. 20 ft. for any accessory for any acces- corner lot building or sory building structure or structure C� .O d R -1 8,000 sq. ft. 75 ft. 37% 25 ft.' 7Y2 ft. for 20 ft. for main 2 stories/30 ft. 1,200 sq. ft. 30% 0o main building building or main building Co p and accessory structure or structure building p 10 ft. for any 1 story/15 ft. tv 20 ft. for any accessory for any acces- corner lot building or sory building structure or structure • § 78 -745 TEQUESTA CODE (m) Official signs. No signs which copy or bonds in the amounts and types as required for imitate official signs or which purport to have licensing and certification in accordance with F.S. official status shall be permitted; ch. 489, as may be amended from time to time. (Ord. No. 19 -08, § 1, 12 -11 -2008) (n) Signs with illegal messages. No signs which display any obscene or illegal written or graphic Sec. 78 -748. Maintenance required. message shall be permitted; (o) Signs interfering with buildings. No signs All signs shall be maintained in appearance as which obstruct or interfere with any door, fire well as mechanical, electrical, and structural con - exit, stairway, ladder or opening intended to pro- dition by the property owner. vide light, air, ingress or egress for any building (Ord. No. 19 -08, § 1, 12 -11 -2008) shall be permitted; (p) Signs creating traffic safety or fire hazards. Secs. 78- 749 -78 -770. Reserved. No signs which constitute a traffic safety or fire hazard, by reason of size, location, coloring or ARTICLE XII. FLOOD DAMAGE method of illumination, which obstruct the vision PREVENTION* of motorists or pedestrians; or which obstruct or detract from any official traffic control devices or utilize the words "stop ", "look ", "danger ", or any Sec. 78 -771. Purpose. other word or phrase, symbol or character in such a manner as to interfere with, mislead or confuse It is the purpose of this article to promote the traffic shall be permitted; public health, safety and general welfare and to minimize public and private losses due to flood (q) Cube signs. No cube sign or advertising conditions in specific areas by provisions designed structure comprised of four faces, with copy on to: three or more faces shall be permitted; (a) Restrict or prohibit uses which are dan- (r) Aircraft search lights. No aircraft search gerous to health, safety and property due lights promoting, advertising, or bringing atten- to water or erosion hazards, which result tion to a business, enterprise, or event shall be in damaging increases in erosion or in permitted; flood heights and velocities; (Ord. No. 19 -08, § 1, 12 -11 -2008) (b) Require that uses vulnerable to floods including facilities which serve such uses Sec. 78 -746. Decorative signs. be protected against flood damage through- out their intended life span; The use of faces or walls of buildings with raised lettering or designs which are integrated (c) Control the alteration of natural into the total decor of the building may be allowed floodplains, stream channels, and natural upon application to the planning and zoning board, protective barriers which are involved in but approval will be granted only if the design, is the accommodation of floodwaters; an enhancement to the area. (Ord. No. 19 -08, § 1, 12 -11 -2008) (d) Control filling, grading, dredging and other development which may increase erosion or flood damage; and Sec. 78 -747. Bond and liability insurance for *Editor's note Ord. No. 2 -08, § 3, adopted February 14, sign contractors. 2008, repealed the former art. XII, §§ 78- 771 -78 -782, 78 -801- 78 -807, and enacted a new art. X1I as set out herein. The i All sign contractors shall produce evidence to former art. XII pertained to flood hazard areas and derived the village that they carry insurance and surety from app. A, §§ XV(A) —(M) of the 1977 Code. Supp. No. 7 CD78:132 ZONING § 78 -773 (e) Prevent or regulate the construction of flood barriers which will unnaturally di- vert floodwaters or which may increase flood hazards to other lands. (Ord. No. 2 -08, § 3, 2 -14 -2008) Sec. 78 -772. Objectives. The objectives of this article are to: (a) Protect human life, health and to elimi- nate or minimize property damage; (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and gen- erally undertaken at the expense of the general public; (d) Minimize prolonged business interrup- tions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, road- ways, and bridges and culverts located in floodplains; (f) Maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (g) Ensure that potential homebuyers are notified that property is in a flood hazard area. (Ord. No. 2 -08, § 3, 2 -14 -2008) Sec. 78 -773. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. Accessory structure (appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have Supp. No. 7 CD78:132.1 ZONING § 78 -773 minimal flood damage potential. Examples of Datum means a reference surface used to en- accessory structures are detached garages and sure that all elevation records are properly re- carports. lated. Many communities have their own datum that was developed before there was a national Appeal means a request for a review of the standard. The current national datum is the floodplain administrator's interpretation of any National Geodetic Vertical Datum (NGVD) of 1929, provision of this article or a request for a vari- which is expressed in relation to mean sea level, ante. or the North American Vertical Datum (NAVD) of Area of shallow flooding means a designated 1 9 88 ' AO or AH Zone on the village's flood insurance Development means any man -made change to rate map (FIRM) with base flood depths from one improved or unimproved real estate, including, to three feet where a clearly defined channel does but not limited to buildings or other structures, not exist, where the path of flooding is unpredict- mining, fillin adin g, g, grading, paving, exca- able and indeterminate, and where velocity flow vating, drilling operations, or storage of materials may be evident. Such flooding is characterized by or equipment. ponding or sheet flow. Elevated building means a non - basement build - Area of special flood hazard is the land in the ing built to have the lowest floor elevated above floodplain within the village subject to a one- the ground level by foundation walls, posts, piers, percent or greater chance of flooding in any given columns, pilings or shear walls. year. This term is synonymous with the - phrase "special flood hazard area." Encroachment means the advance or infringe- ment of uses, plant growth, fill, excavation, build - Base flood means the flood having a one per- ings, permanent structures or development into a cent chance of being equaled or exceeded in any floodplain, which may impede or alter the flow given year (also called the "100 -year flood" and capacity of a floodplain. the "regulatory flood "). Base flood is the term_ used throughout this article. Existing construction means, for the purposes of floodplain management, structures for which Base flood elevation means the water - surface "the start of construction" commenced before the elevation associated with the base flood. data of the initial flood insurance rate map (FIRM). Basement means that portion of a building Existing construction, means for the purposes of having its floor sub -grade (below ground level) on determining rates structures for which the "start all sides. of construction" commenced before the effective date of the first FIRM or before January 1, 1975, Breakaway wall means a wall that is not part for FIRMs effective before that date. This term of the structural support of the building and is may also be referred to as "existing structures ". intended through its design and construction to Existing manufactured home park or subdivi- collapse under specific lateral loading forces with- out causing damage to the elevated portion of the sion. Manufactured home parks or subdivisions building or the supporting foundation system. are prohibited within the Village of Tequesta except as may be permitted as temporary facili- Building. See "structure." ties. Coastal high hazard area means an area of Flood or flooding means: special flood hazard extending from offshore to the inland limit of a primary frontal dune along (a) A general and temporary condition of par- an open coast and any other area subject to high ry land complete inundation of normally d velocity wave action from storms or seismic sources. dry d areas from: The area is designated on the FIRM as zone (1) The overflow of inland or tidal wa- Vl -V30, VE, or V. ters. Supp. No. 6 CD78:133 § 78 -773 TEQUESTA CODE (2) The unusual and rapid accumula- erosion hazards. The study may also contain flood tion or runoff of surface waters from profiles, as well as the FIRM, FHBM (where any source. applicable), and other related data and informa- (3) Mudslides (i.e., mudflows) which are tion. proximately caused by flooding as Floodplain means any land area susceptible to defined in paragraph (a)(2) of this being inundated by water from any source (see definition and are akin to a river of definition of "flooding "). liquid and flowing mud on the sur- face of normally dry land areas, as Floodplain management means the operation when earth is carried by a current of of an overall program of corrective and preventive water and deposited along the path measures for reducing flood damage and preserv- of the current. ing and enhancing, where possible, natural re- sources in the floodplain, including but not lim- (b) The collapse or subsidence of land along a ited to emergency preparedness plans, flood control shore of a lake or other body of water as works, floodplain management regulations, and the result of erosion or undermining caused open space plans. by waves or currents of water exceeding anticipated cyclical levels or suddenly Floodplain Administrator is the individual ap- caused by an unusually high water level pointed to administer and enforce the floodplain in a natural body of water, accompanied management regulations of the village. by a severe storm or by an unanticipated Floodplain management regulations means this force of nature, such as a flash flood or an article and other zoning ordinances, subdivision abnormal tidal surge or by some similarly regulations, building codes, health regulations, unusual and unforeseeable event which special purpose ordinances (such as floodplain results in flooding as defined in para- ordinance, grading ordinance, and erosion control • graph (a)(1) of this definition. ordinance), and other applications of police power Flood boundary and floodway map (FBFM) which control development in flood -prone areas. means the official map of the village on which the This term describes federal, State of Florida, or Federal Emergency Management Agency (FEMA) local regulations in any combination thereof, which has delineated the areas of special flood hazard provide standards for preventing and reducing and regulatory floodways. flood loss and damage. Flood hazard boundary map (FHBM) means Floodproofing means any combination of struc- an official map of the village, issued by FEMA, tural and non - structural additions, changes, or where the boundaries of the areas of special flood adjustments to structures, which reduce or elim- hazard have been identified as only approximate inate flood damage to real estate or improved real zone A. property, water and sanitary facilities, structures and their contents. Flood insurance rate map (FIRM) means an Floodway means the channel of a river or other official map of the village, issued by FEMA, which watercourse and the adjacent land areas that delineated both the areas of special flood hazard must be reserved in order to discharge the base and the risk premium zones applicable to the flood without cumulatively increasing the water village. surface elevation more than a designated height. Flood insurance study (FIS) is the official hy- Floodwa y fringe means that area of the draulic and hydrologic report provided by FEMA. ran g floodplain on either side of the regulatory floodway The study contains an examination, evaluation, where encroachment may be permitted without and determination of flood hazards, and, if appro- priate, corresponding water surface elevations, or additional hydraulic and/or hydrologic analysis. an examination, evaluation, and determination of Freeboard means the additional height, usu- mudslide (i.e., mudflow) and other flood - related ally expressed as a factor of safety in feet, above a Supp. No. 6 CD78:134 ZONING § 78 -773 • flood level for purposes of floodplain manage- preliminarily determined by the Secre- ment. Freeboard tends to compensate for many tary of the Interior as meeting the require - unknown factors, such as wave action, bridge ments for individual listing on the Na- openings and hydrological effect of urbanization tional Register; of the watershed, that could contribute to flood heights greater than the height calculated fora (b) Certified or preliminarily determined by selected frequency flood and floodway conditions. the Secretary of the Interior as contribut- ing to the historical significance of a reg- Free of obstruction means any type of lower istered historic or a district preliminarily area enclosure or other construction element that determined by the secretary to qualify as will obstruct the flow of velocity water and wave a registered historic district; action beneath the lowest horizontal structural member of the lowest floor of an elevated building (c) Individually listed on the Florida inven- during abase flood event is not allowed. This tort' of historic places, which has been requirement applies to the structures in velocity approved by the Secretary of the Interior; zones (V- zones). or Functionally dependent use means a use that (d) Individually listed on a local inventory of cannot be used for its intended purpose unless it historic places in communities with his - is located or carried out in close proximity to toric preservation programs that have been water, such as a docking or port facility necessary certified either: for the loading and unloading of cargo or passen- (1) By the approved Florida program as gers, shipbuilding or ship repair. The term does determined by the Secretary of the not include long -term storage, manufacture, sales, Interior, or • or service facilities. (2) Directly by the Secretary of the In- Hardship as related to variances from this tenor. article means the exceptional hardship associated with the land that would result from a failure to Lowest adjacent grade means the lowest eleva- grant the requested variance. The village re- tion, after the completion of construction, of the quires that the variance is exceptional, unusual, ground, sidewalk, patio, deck support, or base - and peculiar to the property involved. Mere eco- ment entryway immediately next to the struc- nomic or financial hardship alone is not excep- ture. tional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the Lowest floor means the - lowest floor of the disapproval of one's neighbors likewise cannot, as lowest enclosed area (including basement). An a rule, qualify as an exceptional hardship. All of unfinished or flood resistant enclosure, used solely these problems can be resolved through other for parking of vehicles, building access, or stor- means without granting a variance, even if the age, in an area other than a basement, is not alternative is more expensive, or requires the considered a building's lowest floor, provided that property owner to build elsewhere or put the such enclosure is not built so as to render the parcel to a different use than originally intended. structure in violation of the nonelevation design standards of this article. Highest adjacent grade means the highest nat- ural elevation of the ground surface, prior to the Mangrove stand means an assemblage of man - start of construction, next to the proposed walls of grove trees which are mostly low trees noted for a a structure. copious development of interlacing adventitious H roots above ground and which contain one or more istoric structure means any structure that is: of the following species: Black mangrove (Avicen- (a) Listed individually in the National Regis- nia Nitida); red mangrove (Rhizophora mangle); ter of Historic Places (a listing main- white mangrove (Lariguncularia Racemosa); and • tained by the Department of Interior) or buttonwood (Conocarpus Erecta). Supp. No. 6 CD78:135 § 78 -773 TEQUESTA CODE • Manufactured home means a building, trans- flood insurance rates, structures for which the portable in one or more sections, which is built on start of construction commenced on or after the a permanent chassis and designed to be used with effective date of the date of an initial FIRM or or without a permanent foundation when con- after December 31, 1974, whichever is later Gn- nected to the required utilities. The term also dude only one date), and includes any subsequent includes park trailers, travel trailers, and similar improvements to such structures. transportable structures placed on a site for 180 consecutive days or longer and intended to be New manufactured home park or subdivision. improved property. Manufactured housing is pro- Manufactured home parks or subdivisions are hibited within the Village of Tequesta except prohibited within the Village of Tequesta except when permitted as temporary facilities. as may be permitted as temporary facilities. Manufactured home park or subdivision means North American Vertical Datum (NAVD) of 1988 a parcel (or contiguous parcels) of land divided means a vertical control used as a reference for into two or more manufactured home lots for rent establishing varying elevations within the or sale. floodplain. Market value means the building value, which Program deficiency means a defect in the village's is the property value excluding the land value and floodplain management regulations or adminis- that of the detached accessory structures and trative procedures that impairs effective imple- other improvements on site (as agreed to between mentation of those floodplain management regu- a willing buyer and seller) as established by what lations or of the standards required by the National the local real estate market will bear. Market Flood Insurance Program. value can be established by an independent cer- public safety and nuisance means anything tified appraisal (other than a limited or curbside which is injurious to safety or health of the entire appraisal, or one based on income approach), village or a neighborhood, or any considerable actual cash value (replacement cost depreciated number of persons, or unlawfully obstructs the for age and quality of construction of building), or free passage or use, in the customary manner, of adjusted tax - assessed values. any navigable lake, or river, bay, stream, canal, or Mean sea level means the average height of the basin. sea for all stages of the tide. It is used as a Recreational vehicle means a vehicle that is: reference for establishing various elevations within the floodplain. For purposes of this article, the (a) Built on a single chassis; term is synonymous with National Geodetic Ver- tical Datum (NGVD) of 1929, or North American (b) Four hundred square feet or less when Vertical Datum (NAVD) of 1988. measured at the largest horizontal projec- tion; National Geodetic Vertical Datum (NGVD) of (c) Designed to be self - propelled or perma- 1929 means a vertical control used as a reference for establishing varying elevations within the nently towable by a light duty truck; and floodplain. (d) Designed primarily not for use as a per- manent dwelling but as temporary living New construction means, for floodplain man- quarters for recreational, camping, travel, agement purposes, any structure for which the or seasonal use. "start of construction" commenced on or after the effective date of the initial floodplain manage- Regulatory floodway means the channel of a ment code, ordinance, or standard based upon river or other watercourse and the adjacent land specific technical base flood elevation data that areas that must be reserved in order to discharge establishes the area of special flood hazard (in- the base flood without cumulatively increasing clude only one date). The term also includes any the water surface elevation more than a desig- subsequent improvements to such structures. For nated height. • Supp. No. 6 CD78:136 ZONING § 78 -773 • Remedy a deficiency or violation means to construction means the first alteration of any bring the regulation, procedure, structure or other wall, ceiling, floor, or other structural part of a development into compliance with State of Flor- building, whether or not that alteration affects ida, federal or local floodplain management regu- the external dimensions of the building. lations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts Storm cellar means a place below grade used to may be reduced include protecting the structure accommodate occupants of the structure and emer- or other affected development from flood dam- gency supplies as a means of temporary shelter ages, implementing the enforcement provisions of against severe tornadoes or similar windstorm this article or otherwise deterring future similar activity. violations, or reducing federal financial exposure with regard to the structure or other develop- Structure means for floodplain management ment. purposes a walled and roofed building, including gas or liquid storage tank that is principally Riverine means relating to, formed by, or re- above ground, as well as a manufactured home. sembling a river (including tributaries), stream, brook, etc. Substantial damage means damage of any or- igin sustained by a structure whereby the cost of Sand dune means naturally occurring accumu- restoring the structure to its before damaged lations of sand in ridges or mounds landward of condition would equal or exceed 50 percent of the the beach. market value of the structure before the damage Shallow flooding means the same as area of occurred. shallow flooding. Substantial improvement means any reconstruc- Special flood hazard area means the same as tion, rehabilitation, addition, or other improve- area of special flood hazard. ment of a structure, the cumulative cost of which equals or exceeds 50 percent of the market value Start of construction. For other than new con- of the structure before the "start of construction" struction or substantial improvements under the of the improvement. This term includes struc- Coastal Barrier Resources Act P.L. 97 -348, in- tures that have incurred "substantial damage" cludes substantial improvement, and means the regardless of the actual repair work performed. date the building permit was issued, provided the This term does not, however, include any repair or actual start of construction, repair, reconstruc- improvement of a structure to correct existing tion, or improvement was within 180 days of the violations of State of Florida or local health, permit date. The actual start means the first sanitary, or safety code specifications, which have placement of permanent construction of a build- been identified by the local code enforcement ing (including a manufactured home) on a site, official prior to the application for permit for such as the pouring of slabs or footings, installa- - improvement, and which are the minimum nec- tion of piles, construction of columns, or any work essary to assure safe living conditions. beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent Variance is a grant of relief from the require - construction does not include land preparation, ments of this article. such as clearing, grading and filling; nor does it include the installation of streets and/or walk - Violation means the failure of a structure or ways; nor does it include excavation for a base- other development to be fully compliant with the ment, footings, piers or foundations or the erec- requirements of this article. A structure or other tion of temporary forms; nor does it include the development without the elevation certificate, other installation on the property of accessory build- certifications, or other evidence of compliance ings, such as garages or sheds not occupied as required in this article is presumed to be in dwelling units or not part of the main building. violation until such time as that documentation is �. For substantial improvement, the actual start of provided. Supp. No. 6 CD78:137 § 78 -773 TEQUESTA CODE • Watercourse means a lake, river, creek, stream, Sec. 78 -778. Compliance. wash, channel or other topographic feature on or over which waters flow at least periodically. Wa- No structure or land shall hereafter be located, tercourse includes specifically designated areas in extended, converted or structurally altered with - which substantial flood damage may occur. out full compliance with the terms of this article Water surface elevation means the height, in and other applicable regulations. relation to the National Geodetic Vertical Datum (Ord. No. 2 -08, § 3, 2 -14 -2008) (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of various mag- Sec. 78 -779. Abrogation and greater restric- nitudes and frequencies in the floodplains of coastal tions. or riverine areas. This article is not intended to repeal, abrogate, (Ord. No. 2 -08, § 3, 2 -14 -2008) or impair any existing easements, covenants, or Sec. 78 -774. Areas of special flood hazard. deed restrictions. However, where this article and another conflict or overlap, whichever imposes The provisions in this article shall apply to all the more stringent restrictions shall prevail. areas of special flood hazard within the jurisdic- (Ord. No. 2 -08, § 3, 2 -14 -2008) tion of the Village of Tequesta. (Ord. No. 2 -08, § 3, 2 -14 -2008) Sec. 78 -780. Interpretation. Sec. 78 -775. Basis for establishing areas of In the interpretation and application of this special flood hazard. article all provisions shall be: The areas of special flood hazard identified in (a) Considered as minimum requirements; Map No. 120228 - 0001 -C, revised September 30, 1982, by the Federal Emergency Management (b) Liberally construed in favor of the govern - Agency in the Flood Insurance Study (FIS) for the ing body; and Village of Tequesta, with the accompanying maps and other supporting data, and any subsequent (c) Deemed neither to limit nor repeal any revisions thereto, are adopted by reference and other powers granted under State of Flor- declared to be a part of this article. The flood ida statutes. insurance study and flood insurance rate map are (Ord. No. 2 -08, § 3, 2 -14 -2008) on file with the village clerk. (Ord. No. 2 -08, § 3, 2 -14 -2008) Sec. 78 -781. Warning and disclaimer of lia- bility. Sec. 78 -776. Designation of floodplain admin- istrator. The degree of flood protection required by this The Village of Tequesta hereby appoints the article is considered reasonable for regulatory purposes and is based on scientific and engineer - community development director to administer ing consideration. Larger floods can and will and implement the provisions of this article and is herein referred to as the floodplain administrator. occur on rare occasions. Flood heights may be increased by man -made or natural causes. This (Ord. No. 2 -08, § 3, 2 -14 -2008) article does not imply that land outside the areas Sec. 78 -777. Establishment of development of special flood hazard or uses permitted within permit. such areas will be free from flooding or flood damages. This article shall not create liability on A development permit shall be required in the part of the Village of Tequesta or by any officer conformance with the provisions of this article or employee thereof for any flood damages that prior to the commencement of any development result from reliance on this article or any admin- activities. istrative decision lawfully made thereunder. (Ord. No. 2 -08, § 3, 2 -14 -2008) (Ord. No. 2 -08, § 3, 2 -14 -2008) Supp. No. 6 CD78:138 ZONING § 78 -783 • Sec. 78 -782. Penalties for violation. (4) Description of the extent to which any watercourse will be altered or Violation of the provisions of this article or relocated as a result of proposed failure to comply with any of its requirements, development; and including violation of conditions and safeguards established in connection with grants of variance (5) Elevation in relation to mean sea or special exceptions, shall upon the issuance of level of the bottom of the lowest an order by the special magistrate be punishable horizontal structural member of the as provided in F.S. ch. 162. Any person who lowest floor and provide a certifica- violates this article or fails to comply with any of tion from a registered engineer or its requirements shall, upon adjudication there- architect indicating that they have fore, be fined not more than $500.00, and in developed and or reviewed the struc- addition, shall pay all costs and expenses involved tural designs, specifications and plans in the case. Each day such violation continues of the construction and certified that. shall be considered a separate offense. Nothing are in accordance with accepted stan- herein contained shall prevent the floodplain ad- dards of practice in coastal high haz- ministrator from taking such other lawful actions and areas. as is necessary to prevent or remedy any viola- tion. (b) Construction stage Upon placement of (Ord. No. 2 -08, § 3, 2 -14 -2008) the lowest floor, or floodproofing by what- ever construction means, or bottom of the Sec. 78 -783. Permit procedures. lowest horizontal structural member it shall be the duty of the permit holder to Application for a development permit shall be submit to the floodplain administrator a made to the floodplain administrator on forms certification of the NGVD or NAVD eleva- furnished by him or her prior to any development tion of the lowest floor or floodproofed activities, and may include, but not be limited to_, elevation, or bottom of the lowest horizon- the following plans in duplicate drawn to scale tal structural member as built, in relation showing the nature, location, dimensions, and to mean sea level. Said certification shall elevations of the area in question; existing or be prepared by or under the direct super - proposed structures, earthen fill, storage of mate - vision of a registered land surveyor or rials or equipment, drainage facilities, and the professional engineer and certified by same. location of the foregoing. Specifically, the follow - When floodproofing is utilized for a par- ing information is required: ticular building said certification shall be prepared by or under the direct supervi- (a) Application stage: sion of a professional engineer or archi- (1) Elevation in relation to mean sea tect and certified by same. Any work un- level of the proposed lowest floor dertaken prior to - submission of the (including basement) of all build- certification shall be at the permit holder's ings; risk. The floodplain administrator shall (2) Elevation in relation to mean sea review the lowest floor and floodproofing level to which any non - residential elevation survey data submitted. The per - building will be floodproofed; mit holder immediately and prior to fur- - ther progressive work being permitted to (3) Certificate from a registered profes- proceed shall correct violations detected sional engineer or architect that the by such review. Failure to submit the non - residential floodproofed build- survey or failure to make said corrections ing will meet the floodproofing crite- required hereby, shall be cause to issue a ria in section 78- 783(b) and section stop -work order for the project. 78- 786(b)(2); (Ord. No. 2 -08, § 3, 2 -14 -2008) Supp. No. 6 CD78:139 § 78 -784 TEQUESTA CODE • Sec. 78 -784. Duties and responsibilities of lized for a particular building, certifica- the floodplain administrator. tion shall be obtained from a registered Duties of the administrator shall include, but engineer or architect certifying that all are not be limited to: areas of the building below the required elevation are water tight with walls sub - (a) Review permits to assure sites are reason- stantially impermeable to the passage of ably safe from flooding; water, and use structural components hav- (b) Review all development permits to assure ing the capability of resisting hydrostatic that the permit requirements of this arti- and hydrodynamic loads and the effects of cle have been satisfied; buoyancy in compliance with section 78- 786(b)(2) of this article. In coastal high (c) Advise permittee that additional federal, hazard areas, certification shall be ob- State of Florida, or local permits may be tained from a registered professional en- required, and if such additional permits gineer or architect that the building is are necessary, especially as it relates to designed and securely anchored to pilings F.S. §§ 161.053; 320.8249; 320.8359; or columns in order to withstand velocity 373.036; 380.05; 381.0065, and ch. 553, waters and hurricane wave wash. Addi- pt. IV, require that copies of such permits tionally in coastal high hazard areas, if be provided and maintained on file with the area below the lowest horizontal struc- the development permit; tural member of the lowest floor is en- (d) Notify adjacent communities, the depart- closed, it may be done so with open wood ment of community affairs, division of lattice and insect screening or with non - emergency management, the South Flor- supporting breakaway walls that meet ida Water Management District, the Fed- the standards of section 78- 789(f) of this eral Emergency Management Agency and article; other federal and/or State of Florida agen- cies with statutory or regulatory author- (i) Interpret the exact location of boundaries ity prior to any alteration or relocation of of the areas of special flood hazard. When a watercourse; there appears to be a conflict between a (e) Assure that maintenance is provided within mapped boundary and actual field condi- the altered or relocated portion of said tions, the floodplain administrator shall watercourse so that the flood - carrying ca- make the necessary interpretation. The pacity is maintained; person contesting the location of the bound- ary shall be given a reasonable opportu- (f) Verify and record the actual elevation (in nity to appeal the interpretation as pro - relation to mean sea level) of the lowest vided in this article; floor (A- zones) or bottom of the lowest horizontal structural member of the low- 0) When base flood elevation data or floodway est floor (V- zones) of all new or substan- data have not been provided in accor- tially improved buildings, in accordance dance with section 78 -775, the floodplain with section 78- 786(b)(1) and (2) and sec- administrator shall obtain, review and tion 78- 789(b), respectively; reasonably utilize any base flood eleva- (g) Verify and record the actual elevation (in tion and floodway data available from a relation to mean sea level) to which the federal, State of Florida, or any other new or substantially improved buildings source, in order to administer the provi- have been floodproofed, in accordance with sions of sections 78 -786 through 78 -789; section 78- 786(b)(2); (k) Coordinate all change requests to the FIS, (h) Review certified plans and specifications FIRM and FBFM with the requester, State for compliance. When floodproofing is uti- of Florida, and FEMA; and Supp. No. 6 CD78:140 ZONING § 78 -786 • (1) Where base flood elevation is utilized, (4) New construction or substantial improve - obtain and maintain records of lowest ments shall be constructed by methods floor and floodproofing elevations for new and practices that minimize flood dam - construction and substantial improve- age. See the applicable technical bulletin ments in accordance with section 78- or bulletins for guidance; 786(b)(1) and (2), respectively. (5) Electrical, heating, ventilation, plumbing, (Ord. No. 2 -08, § 3, 2 -14 -2008) air conditioning equipment and other ser- vice facilities, including duct work, shall Sec. 78 -785. Floor elevation above sea level. be designed and/or located so as to pre- vent water from entering or accumulating Minimum lowest floor elevation above mean within the components during conditions sea level (MSL) for all new construction, additions of flooding; and substantial i truc- (6) New and replacement water supply sys- tu b tems shall be designed to minimize or street, cu eliminate infiltration of flood waters into de -sac or ig way, or meet the app i able require- the system; ments in sections 78 -786 through 78 -789 of this article, whichever is more stringent. (7) New. and replacement sanitary sewage systems shall be designed to minimize or (Ord. No. 2 -08, § 3, 2 -14 -2008) eliminate infiltration of flood waters into the systems and discharges from the sys- Sec. 78 -786. Provisions for flood hazard re- tems into flood waters; duction. (8) On -site waste disposal systems shall be located and constructed to avoid impair - (a) General standards: In all areas of special flood hazard, all development sites including new during them or contamination from them durng flooding; construction and substantial improvements shall be reasonably safe from flooding, and meet the (9) Any alteration, repair, reconstruction or following provisions: improvements to a building that is in compliance with the provisions of this (1) New construction and substantial improve- article shall meet the requirements of ments shall be designed or modified and "new construction" as contained in this adequately anchored to prevent flotation, article; collapse or lateral movement of the struc- (10) Any alteration, repair, reconstruction or ture resulting from hydrodynamic and improvements to a building that is not in hydrostatic loads, including the effects of compliance with the provisions of this buoyancy; article, shall be undertaken only if said (2) Manufactured homes shall be anchored to non - conformity is not furthered, extended, prevent flotation, collapse, or lateral move- or replaced; ment. Methods of anchoring may include, (11) All applicable additional federal, State of but are not limited to, use of over - the -top Florida, and local permits shall be ob- or frame ties to ground anchors. This tained and submitted to the floodplain standard shall be in addition to and con- administrator. Copies of such permits shall sistent with applicable State of Florida be maintained on file with the develop- requirements for resisting wind forces; ment permit. State of Florida permits may include, but not be limited to the (3) New construction and substantial improve- following: ments shall be constructed with materials (aa) South Florida Water Management and utility equipment resistant to flood District: in accordance with F.S. ch. damage. See the applicable technical bul- 373.036, § (2)(a) - Flood Protection . letin or bulletins for guidance; and Floodplain Management. Supp. No. 6 CD78:140.1 § 78 -786 TEQUESTA CODE • (bb) Department of Community Affairs: any commercial, industrial, or non -resi- in accordance with V.S. ch. 380.05, dential building (including manufactured Areas of Critical State Concern, and home) shall have the lowest floor, includ- F.S. ch. 553, pt. IV, Florida Building ing basement, elevated to no lower than Code. one foot above the base flood elevation. All (cc) Department of Health: in accor- buildings located in A -zones may be flood- dance with F.S. ch. 381.0065, Onsite proofed, in lieu of being elevated, pro- Sewage Treatment and Disposal Sys - vided that all areas of the building com- tems. ponents below the base flood elevation (dd) Department of Environmental Pro- plus one foot are water tight with walls substantially impermeable to the passage tection, Coastal Construction Con- of water, and use structural components trol Line: in accordance with F.S. ch. having the capability of resisting hydro - 161.053, Coastal Construction and static and hydrodynamic loads and the Excavation. effects of buoyancy. A registered profes- (12) Standards for subdivision proposals and sional engineer or architect shall certify other proposed development (including that the standards of this subsection are manufactured homes): satisfied using the FEMA Floodproofing (aa) All subdivision proposals shall be Certificate. Such certification along with consistent with the need to minimize the corresponding engineering data, and flood damage; the operational and maintenance plans shall be provided to the floodplain admin- (bb) All subdivision proposals shall have istrator. public utilities and facilities such as sewer, gas, electrical, and water sys- (3) Elevated buildings. New construction or tems located and constructed to min- substantial improvements of elevated imize or eliminate flood damage; buildings that include fully enclosed ar- (cc) All subdivision proposals shall have eas formed by foundation and other exte- adequate drainage provided to re- rior walls below the lowest floor elevation duce exposure to flood hazards. shall be designed to preclude finished living space and designed to allow for the (b) Specific standards: In all A -zones where entry and exit of floodwaters to automat - base flood elevation data have been provided ically equalize hydrostatic flood forces on (zones AE, Al -30, and AH), as set forth in section exterior walls. 78 -775, the following provisions shall apply: (aa) Designs for complying with this re- (1) Residential construction. All new construc- quirement must either be certified tion or substantial improvement of any by a professional engineer or archi- residential building (including manufac- tect or meet the following minimum tured home) shall have the lowest floor, criteria: including basement, elevated to no lower (i) Provide a minimum of two open - than one foot above the base flood eleva- ings having a total net area of tion. Should solid foundation perimeter not less than one - square inch walls be used to elevate a structure, open- for every square foot of en- ings sufficient to facilitate automatic equal- closed area subject to flooding; ization of flood hydrostatic forces on both sides of the exterior walls shall be pro- (ii) The bottom of all openings shall vided in accordance with standards of be no higher than one foot above foundation adjacent interior paragraph (b)(3) of this section. grade (which must be equal to (2) Nonresidential construction. All new con- or higher in elevation than the • struction or substantial improvement of adjacent exterior grade); and Supp. No. 6 CD78:140.2 ZONING § 78 -786 i (iii) Openings may be equipped with provisions of paragraph (b)(4)(aa) of screens, louvers, valves, or other this section, must be elevated so that coverings or devices provided either: they provide the required net (i) The lowest floor of the manu- area of the openings and per- factured home is elevated to no mit the automatic flow of flood- lower than one foot above the waters in both directions. base flood elevation, or (bb) Fully enclosed areas below the low- (ii) The manufactured home Chas- est floor shall solely be used for sis is supported by reinforced parking of vehicles, storage, and piers or other foundation ele- building access. Access to the en- ments of at least an equivalent closed area shall be minimum neces- strength that are no less than sary to allow for parking of vehicles 36 inches, or 48 inches if one (garage door), limited storage of main- foot of freeboard adopted, in tenance equipment used in connec- height above the grade and se- tion with the premises (standard ex- curely anchored to an adequate terior door), or entry to the living foundation system to resist flo- area (stairway or elevator); and tation, collapse, and lateral (cc) The interior portion of such enclosed movement. area shall not be finished or parti- (cc) All recreational vehicles placed on tioned into separate rooms. sites within zones Al -30, AH, and (4) Standards for manufactured homes and AE must either: recreational vehicles. (i) Be on the site for fewer than • (aa) All manufactured homes that are 180 consecutive days, placed, or substantially improved (ii) Be fully licensed and ready for within zones Al 30, AH, and AE, on highway use (a recreational ve- sites (i) outside of an existing man- hicle is ready for highway use if ufactured home park or subdivision, it is on its wheels or jacking (ii) in a new manufactured home system, is attached to the site park or subdivision, (iii) in an expan- only by quick disconnect type sion to an existing manufactured utilities and security devices and home park or subdivision, or (iv) in has no permanently attached an existing manufactured home park additions), or or subdivision on which a manufac- (iii) Meet all the requirements for tured home has incurred "substan- new construction, including an- tial damage" as the result of a flood, choring and elevation require - the lowest floor be elevated on a ments in accordance with para- permanent foundation to no lower graphs (b)(4)(aa) and (bb) of than one foot above the base flood this section. elevation and be securely anchored to an adequately anchored founda- (5) Adequate drainage paths around struc- tion system to resist flotation, col- tures shall be provided on slopes to guide lapse, and lateral movement. water away from structures. (bb) All manufactured homes to be placed (6) Standards for streams with established or substantially improved in an ex- base flood elevations, without regulatory isting manufactured home park or floodways. • subdivision within zones A -1, AH, Located within the areas of special flood and AE, that are not subject to the hazard established in section 78 -775, where Supp. No. 6 CD78:140.3 § 78 -786 TEQUESTA CODE streams exist for which base flood eleva- not result in any increase in flood tion data has been provided by the Fed- levels during occurrence of the base eral Emergency Management Agency with- flood discharge. out the delineation of the regulatory (bb) Prohibit the placement of manufac- floodway (zones AE and A 1 -30), the fol- tured homes (mobile homes), except lowing additional provisions shall also in an existing manufactured homes apply. (mobile homes) park or subdivision. (aa) Until a regulatory floodway is desig- A replacement manufactured home nated, no new construction, substan- may be placed on a lot in an existing tial improvements, or other develop- manufactured home park or subdivi- ment including fill shall be permitted sion provided the anchoring stan- within the areas of special flood haz- dards of section 78- 786(a)(2), and ard, unless it is demonstrated that the elevation standards of section the cumulative effect of the proposed 78- 786(b)(1) and (2), and the en- development, when combined with croachment standards of section 78= all other existing and anticipated 786(b)(7)(aa), are met. development will not increase the (cc) Development activities including new water surface elevation of the base construction and substantial improve - flood more than one foot at any point ments that increase the water sur- within the village. face elevation of the base flood by (bb) Development activities which in- more than one foot may be allowed, crease the water surface elevation of provided that the developer or appli- the base flood by more than one foot cant first applies, with the village's may be allowed, provided that the endorsement, for a conditional FIRM • developer or applicant first applies, revision, and receives the approval with the village's endorsement, for a of FEMA. conditional FIRM revision, and re- (dd) When fill is proposed, in accordance ceives the approval of the Federal with the permit issued by the Flor- Emergency Management Agency. ida Department of Health, within (7) Floodways. Located within areas of spe- the regulatory floodway, the develop - cial flood hazard established in section ment permit shall be issued only 78 -775, are areas designated as floodways. upon demonstration by appropriate _Since the floodway is an extremely haz- engineering analyses that the pro - ardous area due to the velocity of flood posed fill will not increase the water waters which carry debris, potential pro- surface elevation of the base flood in jectiles and have significant erosion po- accordance with section 78- tential, the following additional provi- 786(b)(7)(aa). sions shall also apply: (8) For all structures located seaward of the (aa) Prohibit encroachments, including fill, coastal construction control line (CCCL), new construction, substantial im- the lowest floor of all new construction provements and other developments and substantial improvements shall be within the regulatory floodway un- elevated to the regulatory flood elevation less certification (with supporting established by the Florida Department of technical data) by a registered pro- Environmental Protection or by FEMA in fessional engineer is provided through accordance with section 78 -775, which - hydraulic and hydrologic analyses ever is higher. All non - elevation design performed in accordance with stan- requirements of section 78 -789 shall ap- dard engineering practice demon- ply. • strating that encroachments would (Ord. No. 2 -08, § 3, 2 -14 -2008) Supp. No. 6 CD78:140.4 ZONING § 78 -788 Sec. 78 -787. Specific standards for A -zones (f) When the data is not available from any without base flood elevations source as in paragraph (b) of this section, and regulatory floodways. the lowest floor of the structure shall be Located within the areas of special flood haz- elevated to no lower than three feet above and established in section 78 -775 where there the highest adjacent grade. exist A -zones for which no base flood elevation (g) Require that all new subdivision propos- data and regulatory floodway have been provided als and other proposed developments (in- or designated by the Federal Emergency Manage- cluding proposals for manufactured home ment Agency, the following provisions shall apply: parks and subdivisions) greater than 50 (a) Require standards of section 78- 786(a). lots or five acres, whichever is the lesser, include within such proposals base flood (b) The floodplain administrator shall obtain, elevation data. review, and reasonably utilize any base (Ord. No. 2 -08, § 3, 2 -14 -2008) flood elevation and floodway data avail- able from a federal, State of Florida, or Sec. 78 -788. Standards for AO- zones. any other source, in order to administer Located within the areas of special flood haz- the provisions of this article. When such and established in section 78 -775, are areas des- data is utilized, provisions of section 78- ignated as shallow flooding areas. These areas 786(b) shall apply. The floodplain admin- have flood hazards associated with base flood istrator shall: depths of one to three feet, where a clearly defined (1) Obtain the elevation (in relation to channel does not exist and the path of flooding is the mean sea level) of the lowest unpredictable and indeterminate; therefore, the floor (including the basement) of all following provisions apply: new and substantially improved (a) All new construction and substantial im- structures; provements of residential structures in all (2) Obtain, if the structure has been AO zones shall have the lowest _ floor, floodproofed in accordance with the including basement, elevated above the requirements of section 78- 786(b)(2), highest adjacent grade at least as high as the elevation in relation to the mean the depth number specified in feet on the sea level to which the structure has flood insurance rate map. If no flood depth been floodproofed; and number is specified, the lowest floor, in- (3) Maintain a record of all such infor- cluding basement, shall be elevated to no mation. less than two feet above the highest adja- cent grade. (c) Notify, in riverine situations, adjacent com- (b) All new construction and substantial im- munities, the State of Florida, depart- provements of non - residential structures ment of community affairs, NFIP Coordi- shall: nating Office, and the applicable water management district. prior to any alter- (1) Have the lowest floor, including base - ation or relocation of a watercourse, and went, elevated above the highest ad- submit copies of such notifications to jacent grade at least as high as the FEMA. depth number specified in feet on the flood insurance rate map. If no (d) Assure that the flood carrying capacity flood depth number is specified, the within the altered or relocated portion of lowest floor, including basement, shall any watercourse is maintained. be elevated to at least two feet above (e) Manufactured homes are prohibited within the highest adjacent grade, or the Village of Tequesta except as may be (2) Together with attendant utility and permitted for temporary facilities. sanitary facilities be completely Supp. No. 6 CD78:140.5 § 78 -788 TEQUESTA CODE • floodproofed to that level to meet the be used are in accordance with accepted floodproofing standard specified in standards of practice for meeting the pro - section 78- 786(b)(2). visions of this section. (c) Adequate drainage paths around struc- (d) Obtain the elevation (in relation to mean tures shall be provided on slopes to guide sea level) of the bottom of the lowest water away from structures. horizontal structural member of the low - (Ord. No. 2 -08, § 3, 2 -14 -2008) est floor (excluding pilings and columns) of all new and substantially improved Sec. 78 -789. Coastal high hazard areas (V structures. The floodplain administrator zones). shall maintain a record of all such infor- Located within areas of special flood hazard mation. established in section 78 -775 are coastal high (e) All new construction and substantial im- hazard areas, designated as zones V 1 -30, VE, or provements shall be located landward of V (with BFE). The following provisions shall the reach of mean high tide. apply for all development activities: (f) Provide that all new construction and (a) Meet the requirements of section 78 -783, substantial improvements have the space and section 78- 786(a) and (b) [except (b)(7)], below the lowest floor either free of ob- section 78 -787 and section 78 -788. struction or constructed with nonsupport - (b) All new construction and substantial im- ing breakaway walls, open wood lattice - provements in zones Vl -V30, VE, and V work, or insect screening intended to (with BFE) shall be elevated on pilings or collapse under wind and water loads with - columns so that: out causing collapse, displacement, or other structural damage to the elevated portion • (1) The bottom of the lowest horizontal of the building or supporting foundation structural member of the lowest floor system. For the purpose of this section, a (excluding the pilings or columns) is breakaway wall shall have a design safe elevated to no lower than one foot loading resistance of not less than 10 and above the base flood elevation no more than 20 pounds per square foot. whether or not the structure con- Use of breakaway walls which exceed a tains a basement; and design safe loading resistance of 20 pounds (2) The pile or column foundation and per square foot (either by design or when structure attached thereto is an- so required by local codes) may be permit - chored to resist flotation, collapse, ted only if a registered professional engi- and lateral movement due to the neer or architect certifies that the designs effects of wind and water loads act- proposed meet the following conditions: ing simultaneously on all building (i) Breakaway wall collapse shall result components. Water loading will be from water load less than that which those values associated with the base would occur during the base flood; flood. Wind loading values will be and those required by applicable State of Florida or local, if more stringent (ii) The elevated portion of the building than those of the State of Florida, and supporting foundation system shall not be subject to collapse; dis- building standards. placement, or other structural dam - (c) A registered professional engineer or ar- age due to the effects of wind and chitect shall develop or review the struc- water loads acting simultaneously tural design, specifications and plans for on all building components (struc- the construction, and shall certify that tural and nonstructural). The water the design and methods of construction to loading shall be those values associ- • Supp. No. 6 CD78:140.6 ZONING § 78 -791 • ated with the base flood. The wind (iv) Prohibit the placement of recre- loading values shall be those re- ational vehicles, except in an exist - quired by applicable Florida or local, ing recreational vehicle park. They if more stringent than those of the must be on site for fewer than 180 State of Florida, building standards. consecutive days, fully licensed and (iii) Such enclosed space shall be useable ready for highway use (on its wheels solely for parking of vehicles, build- or jacking system, is attached to the ing access, or storage. Such space site by quick disconnect type utili- shall not be finished, partitioned into ties and security devices, and has no multiple rooms, or temperature -con- permanently attached additions). trolled. They shall also have a plan for re- (g) Prohibit the use of fill for structural sup- moval in case of a threat. port. No development permit shall be is- (k) For all structures located seaward of the sued for development involving fill in Coastal Construction Control Line (CCCL), coastal high hazard areas unless it has the bottom of the lowest horizontal struc- been demonstrated through appropriate tural member of the lowest floor of all new engineering analyses that the subject fill construction and substantial improve- does not cause any adverse impacts to the ments shall be elevated to the flood eleva- structure on site or adjacent structures. tion established by the Florida Depart - Placement of fill that would result in an ment of Environmental Protection or the increase in the base flood elevation or base flood elevation, whichever is the cause adverse impacts by wave ramping higher. All non - elevation design require- and deflection may be permitted, pro- ments of paragraphs (b) through (k) shall vided that the permit applicant first ap- apply. plies for and receives a conditional FIRM (1) When fill is proposed, in accordance with revision, fulfilling the requirements for the permit issued by the Florida Depart - such revisions as established by FEMA. ment of Health, in coastal high hazard (h) Prohibit man -made alteration of sand area, the development permit shall be dunes and mangrove stands that would issued only upon demonstration by appro- increase potential flood damage. priate engineering analyses that the pro - (i) Standards for manufactured homes— posed fill will not increase the water sur- ace elevation of the base flood nor cause f Manufactured homes are prohibited within the Village of Tequesta except as may be any adverse impacts to adjacent proper - ties by wave .ramping and deflection. permitted as temporary facilities. (Ord. No. 2 -08, § 3, 2 -14 -2008) 0) Recreational vehicles placed on sites within Cross references -- ('general standards for coastal construc- Zones VE, V1 —V30, V (with base flood tion, § 10 -69; coastal construction, § 78 -287. elevation) on the FIRM either: (i) Be on the site for fewer than 180 Sec. 78 -790. Variances and appeals. consecutive days, The board of adjustment as established by the (ii) Be fully licensed and ready for high- Village of Tequesta in section 78 -62 of this chapter way use (on its wheels or jacking shall hear and decide appeals and requests for system, is attached to the site only variances from the requirements of this article. by quick disconnect type utilities and (Ord. No. 2 -08, § 3, 2 -14 -2008) security devices, and has no perma- nently attached additions); or Sec. 78 -791. Duties of board of adjustment. (iii) Meet the requirements of paragraphs The board of adjustment shall hear and decide • (b) through (h) of this section. appeals when it is alleged an error in any require- Supp. No. 6 CD78:140.7 § 78 -791 TEQUESTA CODE • anent, decision, or determination is made by the including maintenance and repair of pub - floodplain management administrator in the en- lic utilities and facilities such as sewer, forcement or administration, of this article. Any gas, electrical, and water systems, and person aggrieved by the decision of the board may streets and bridges. appeal such decision pursuant to the appeal pro- (Ord. No. 2 -08, § 3, 2 -14 -2008) cedure provided in sections 78 -63 and 78 -67 of this chapter. Sec. 78 -793. Conditions for variances. (Ord. No. 2 -08, § 3, 2 -14 -2008) (a) Variances shall only be issued when there Sec. 78 -792. Variance procedures. is: In acting upon such applications, the board of (1) A showing of good and sufficient cause; adjustment shall consider all technical evalua- tions, all relevant factors, standards specified in (2) A determination that failure to grant the other sections of this article, and: variance would result in exceptional hard- ship; and (a) The danger that materials may be swept onto other lands to the injury of others; (3) A determination that the granting of a variance will not result in increased flood (b) The danger of life and property due to heights, additional threats to public ex- flooding or erosion damage; pense, create nuisance, cause fraud on or (c) The susceptibility of the proposed facility victimization of the public, or conflict with and its contents to flood damage and the existing local laws or ordinances. effect of such damage on the individual owner; (b) Variances shall only be issued upon a de- termination that the variance is the minimum (d) The importance of the services provided necessary deviation from the requirements of this by the proposed facility to the village; article. (e) The necessity to the facility of a water- (c) Variances shall not be granted after -the- front location, where applicable; fact. (f) The availability of alternative locations for the proposed use which are not subject (d) The floodplain administrator shall main - to flooding or erosion damage; tain the records of all variance actions, including justification for their issuance or denial, and (g) The compatibility of the proposed use report such variances in the village's NFIP Bien - with existing and - anticipated develop- nial Report or upon request to FEMA and the ment; State of Florida, Department of Community Af- (h) The relationship of the proposed use to fairs, NFIP Coordinating Office. the comprehensive plan and floodplain (Ord. No. 2 -08, § 3, 2 -14 -2008) management program for that area; (i) The safety of access to the property in Sec. 78 -794. Variance notification. times of flood for ordinary and emergency An applicant to whom a variance is granted vehicles; shall be given written notice over the signature of 0) The expected heights, velocity, duration, a village official that: rate of rise, and sediment of transport of the flood waters and the effects of wave (a) The issuance of a variance to construct a structure below the base flood elevation action, if applicable, expected at the site; and will result in increased premium rates for flood insurance up to amounts as high as (k) The costs of providing governmental ser- $25.00 for $100.00 of insurance coverage, vices during and after flood conditions, and • Supp. No. 6 CD78:140.8 ZONING § 78 -832 • (b) Such construction below the base flood public waters of the state comprising the level increases risks to life and property. Loxahatchee River and the Intracoastal Water - A copy of the notice shall be recorded by the way and all creeks, canals or waterways or trib- floodplain administrator in the Office of the Clerk utaries connected therewith, located within the of Court of Palm Beach County and shall be geographical boundaries of the village. recorded in a manner so that it appears in the (Code 1977, app. A, § XVI(A)) chain of title of the affected parcel of land. (Ord. No. 2 -08, § 3, 2 -14 -2008) Sec. 78 -832. Dock and pier length, width and Sec. 78 -795. Historic structures. configuration. Variances may be issued for the repair or rehabilitation of "historic" structures meeting the (a) No dock or pier shall be constructed which definition in this article upon a determination extends waterward from the mean high -water that the proposed repair or rehabilitation will not line in excess of the least of the following dis- preclude the structure's continued designation as tances; a "historic" structure. (Ord. No. 2 -08, § 3, 2 -14 -2008) (1) Seventy -five feet; Sec. 78 -796. Structures in regulatory floodway. (2) Ten percent of the waterway width; or Variances shall not be issued within any des- (3) The distance from the point at which the ignated floodway if any impact in flood conditions dock or pier intersects the mean high - or increase in flood levels during the base flood water line measured in a straight line to discharge would result. the nearest point on the three -foot mean (Ord. No. 2 -08, § 3, 2 -14 -2008) low -water line; Secs. 78- 797 -78 -830. Reserved. provided, however, the foregoing limitations shall ARTICLE XIII. UNIFORM WATERWAY not prohibit a dock which does not extend CONTROL* waterward from the mean high -water line in excess of six feet. Sec. 78 -831. Jurisdiction. The purpose of this article is to provide for the (b) No dock or pier area shall be constructed regulations described in this article within the with a maximum width in excess of six feet. *Cross references — Buildings and building regulations, (c) No dock or pier shall be located less than 25 ch. 14; community development, ch. 22; environment, ch. 30; natural resource protection, ch. 50; planning and develop- feet from the waterward extension of the property ment, ch. 62; subdivisions, ch. 66. line of any adjoining riparian property owner. Supp. No. 6 CD78:140.9 § 78 -832 ' TEQUESTA CODE 25' 25 25' Setback Areas Into I Which "B "a Dock.May Not Extend ~ ('� MHWL d a a ►4 Upland Riparian Parcel c Owned by "B" Supp. No. 6 CD78 :140.10 SAMPLE • GENERAL RELEASE AND HOLD HARMLESS AGREEMENT WHEREAS, the Board of Adjustment of the Village of Tequesta, Florida, at the Public Hearing held on, , conditionally approved a Flood Insurance Variance No. , authorizing construction of: (detail activity) To be located at, Tequesta, Florida, and WHEREAS, said variance would allow the floor elevation of such new construction to be placed at elevation feet above mean sea level, and feet above the crown of road, in lieu of all new construction, additions, and substantial improvements to existing structures being 85 M5L or 18" above the crown of the road, cul -de -sac or highway or meet the requirements of Section XV, Flood Hazard Areas, whichever is more stringent. WHEREAS, the condition of said approval imposed by the Board of Adjustment requires • the property owner to enter into a Hold harmless Agreement with the Village indemnifying the Village in the event of damage to the building as a result of flooding. NOT, THEREFORE, it is agreed as follows: 1. This General Release and Hold Harmless Agreement is given to the Village of Tequesta (hereinafter referred to as the "Village ") by , (hereinafter referred to as the "Owner ", his representatives, heirs, successors and assigns) in consideration for the Village granting the above referenced variance to owner. This variance refers to the property located at , Tequesta, Florida, and more particularly described as follows: (legal description) 2. The Owner hereby remises, releases, acquits, satisfies and forever discharges the Village of and from, all and any manner of action or actions, cause and causes of action, reckonings, controversies, damages, judgments, executions, claims and demands whatsoever in law or in equity, which the Owner ever had, now had, or any personal representative, successor, heir or assign of the Owner, hereinafter, can, shall, or may have against the Village, for upon, or by reason of any cause arising out of or in the event of damage to the building as a result of flooding due to the fact that the elevation of said building be at feet above mean sea level, and feet above the crown of road. This agreement shall run with the land. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed as of the day of , 2010. Signed, sealed and delivered In the presence of: "Owner" STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) G� OF ' VILLAGE OF TEQUESTA v f iP� 7 DEPARTMENT OF COMMUNITY DEVELOPMENT • a a 345 Tequesta Drive • Tequesta, Florida 33469 -0273 �a c (561) 575 -6220 • Fax: (561) 575 -6224 �4Cy COUNty April 1, 2010 Mr. & Mrs. C. Martin 339 River Drive Tequesta, FL 33469 Subject: Request for Variance Dear Mr. & Mrs. Martin: Enclosed is a copy of the Notice of Board of Adjustment Public Hearing to be held at 7:00 P.M., Monday, April 19, 2010, in the Village Council Chambers located at 345 Tequesta Drive, Tequesta, Florida, to act upon your application for variances to the terms of the Code of Ordinances of the Village of Tequesta. Receipt of $300.00 for the application is hereby acknowledged. Also enclosed is a copy of Code of Ordinance, Article III, Appeals and Variances, Board of Adjustment and Article X11, Flood Damage Prevention, both of which outline the manner in which the Board of Adjustment must consider your application. You and /or your representative must be in attendance at the hearing to present your application. Sincerely, j R THE BOARD OF DJUST NT s MWeinand ng Dir. of Community Development Encl. cc: Kurt Larsen, Larsen Construction 141 Golfview Dr. Tequesta, FL 33469 • /pn PGf OF Tf VILLAGE OF TEQUESTA 9 DEPARTMENT OF COMMUNITY DEVELOPMENT • r a 345 Tequesta Drive - Tequesta, Florida 33469 -0273 (561) 575 -6220 - Fax: (561) 575 -6224 0 F4CN CoUNt1 April 1, 2010 Dear Property Owner: RE: CARL L. MARTIN 339 RIVER DRIVE, TEQUESTA As the owner of property located within 300 feet of the above - referenced property, Public Notice is hereby given that the Village of Tequesta, Florida, will hold a Board of Adjustment meeting on Monday, April 19, 2010, at 7:00 P.M., in the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida, to consider: V 1 -10 Request for variances in order to construct an addition onto an existing single family structure: Relief from Sec. 78 -95 to allow enlargement of a non - conforming building; Sec. 78 -143 to allow a front yard of 19.78 feet where the code requires a minimum of 25 feet, • and to allow lot coverage of 42% after improvements on a lot with a current lot coverage of 38% where the code allows a maximum lot coverage of 37 %; and Sec. 78 -785 to allow the proposed addition to be built with a finish floor elevation of 7.0 where the code requires the proposed addition to have a finish floor elevation of 8.5, or 18 inches above the crown of the adjacent road, whichever is more stringent. The applicant is Carl Martin. The address of the property is 339 River Drive, Tequesta, Florida, 33469. The legal description of the lot is Tequesta In PB 25 Pgs 7 to 15 Incl. The property is located in Zoning District R- IA. At such time and place, the Board of Adjustment will hear all the evidence in support of or in opposition to this application. You are advised that if any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at the Meeting, he /she will need a record of the proceedings, and for such purpose, he /she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony upon which the appeal is to be based. VILLAGE OF TEQUESTA j T OARD ADJU T . Weinand Dir. of Community Development pn ZONING § 78 -62 this chapter, which amount shall be paid to the ing to single- family . properties and structures village at the time of the filing of such petition. located wit _,the .R -1A and, R -1 single-family Such sum shall be a flat fee and the fee, or any dwelling districts of the village. The village coun- part thereof, shall not be refundable. The building cil shall consider appeals and variances relating official is authorized to furnish application forms to all other properties not within the jurisdiction for all requested zoning changes. Legal descrip- of the board of adjustment, including properties tions, surveys and other information required to within the R -1A and R -1 single- family dwelling consider the requested zoning change shall be districts which are not single- family, and struc- furnished by the applicant. tures and properties in all other zoning districts (Code 1977, app. A, § XVII(B)(1)) in the village, and appeals and variances relating to subdivisions in any zoning district. Sec. 78 -33. Reconsideration after denial. (Ord. No. 7 -08, § 2, 4 -10 -2008) Should a proposed zoning amendment be de- - nied, after having a public hearing as provided in Sec. 78 -62. Board of adjustment established; this article, the village council shall not recon- membership; rules of procedure. sider such amendment or request for an amend- ment for a period - of six months after denial, (a) A board of adjustment is hereby estab- unless the village council determines that the lished, which shall perform its duties as provided public interest shall require it to do so. by law in such a way that the objectives of this (Code 1977, app. A, § XVII(B)(2)) chapter shall be observed, public health, safety, and welfare secured, and substantial justice done. Sec. 78 -34. Building permit moratorium. (b) The board of adjustment shall consist of Upon the determination that a zoning review is five regular members appointed by the village desirable and that a public hearing should be held council, who shall serve without compensation as provided in this section, the village council and for a term of three years. In addition to the may, in its discretion, establish a building permit regular board members, two additional members, moratorium for the area under consideration and to be designated as alternate #1 and alternate #2, so notify the building official. In declaring such shall be appointed to serve in that order at moratorium, the village council shall specify the meetings of the board when necessary on the nature and type of new construction barred by the board as a quorum. In the case of only three moratorium. The village council shall also specify members present, all present shall have to vote in the duration of such moratorium. favor of a variance to make it effective. Alternate (Code 1977, app. A, § XVII(C)) members shall serve for two years, but of the first appointed alternate members, one shall serve for Secs. 78- 35- 78 -60. Reserved. one year, and one shall serve for two years. Thereafter, alternate members shall be appointed ARTICLE III. APPEALS AND VARIANCES* for two -year terms. Sec. 78 -61. Generally. (c) Vacancies in the board membership by res- ignation, illness or other causes shall be filled by Appeals and variances described in this article the village council for the unexpired term of the shall be considered by either the board of adjust- member involved. Members of the board of adjust- ment or the village council The board of adjust- ril went may be removed from office by the village meet° all c risider appeals and ` ai afibes` M&v ' ` council upon written charges and after public hearing. The board shall select its own chair and *Editor's note —Ord. No. 7 -08, § 2, adopted. April 10, vice -chair annually at the first meeting of the 2008, amended article III in its entirety to read as herein set out. Former article III, §§ 78-61 -78-69 pertained to similar calendar year. The community developmentdirec,; 11 subject matter, and derived from app. A, §§ XIII(A) —(I) of the for or a designated representative, shnl_l serve as,, 1977 Code. clerk and advisor to the board. Supp. No. 6 CD78:33 § 78 -62 TEQUESTA CODE (d) All members of the board of adjustment (c) The owner of the property for which the shall be qualified electors of the village. appeal is sought or the agent or attorney desig- nated by the owner on the submitted notice of (e) The board of adjustment shall adopt rules appeal. shall be notified by mail of the date and of procedure for the conduct of its business, con- time of the hearing. sistent with the provisions of this chapter. Meet- (Ord. No. 7 -08, § 2, 4 -10 -2008) ings of the board shall be held at the call of the chair, and at such time as the board may deter- Sec. 78 -64. Stay of proceedings pending de- mine. All meetings of the board and its files or cision on appeal. records shall be open to the public. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer (f) The board of adjustment shall also keep from whom the appeal is taken certifies to the minutes of its proceedings, showing the vote of board of adjustment or the village council, as each member upon each question, or, if absent, appropriate, after the notice of appeal shall have indicating such fact, and shall keep records of its been filed with him, that, by reason of facts stated examinations and other official actions, all of in the certificate, a stay would, in his opinion, which shall be immediately filed in the office of cause imminent peril to life and property. In such the village clerk and shall be a public record. case, proceedings shall not be stayed otherwise (Ord. No. 7 -08, § 2, 4 -10 -2008) than by a restraining order, which may be granted Cross reference — Administration, ch. 2. by a court of record on application, on notice to the officer from whom the appeal is taken and on due Sec. 78 -63. Appeal procedure. cause shown. (Ord. No. 7 -08, § 2, 4 -10 -2008) (a) Appeals to the board of adjustment or the , village council, as appropriate, may be taken by Sec. 78 -65. Powers and duties of board of any person aggrieved by any decision of the adjustment and village council; administrative officer charged with enforcement public notice. of that portion of this chapter relating to the (a) The board of adjustment and the village powers and duties of the board of adjustment or council shall have the following powers in regard the village council. Such appeal shall be taken to appeals and variances within their jurisdiction within 15 days of receipt the written decision as defined under section 78 -61: being appealed, by filing with the village clerk a (1) Hear and decide appeals where it is al- notice of appeal specifying the grounds thereof. leged there is error in any order, require - The officer from whom the appeal is taken shall ment, decision or determination made by forthwith transmit to the village clerk all of the an administrative official in the enforce - papers constituting the record upon which the ment of this chapter or of any ordinance action was taken. adopted pursuant thereto. (b) The board or the village council, as appro- (2) Authorize upon application in specific cases priate, shall fix a reasonable time for the hearing such variance from the terms of this chap - of the appeal, give public notice thereof, by send- ter as will not be contrary to the public ing notice through regular mail to property own- interest, where, owing to special condi- ers of record within a 300 -foot radius of the tions, a literal enforcement of the provi- outermost perimeter of the subject property and sions of this chapter will result in unnec- by publication in a newspaper of general circula- essary hardship. The power to grant any tion within the community, a minimum of ten such variance shall be limited by and days in advance of the public hearing and decide contingent upon a finding by the board or the same within a reasonable time. Upon the council that: hearing, any party may appear in person, by a. Special conditions and circumstances • agent or by attorney. exist which are peculiar to the land, Supp. No. 6 CD78:34 s ZONING § 78 -66 • structure, or building involved and ment or the village council with _respect to a which are not applicable to other variance, or other matter, pertaining to the prop- lands, structures or buildings in the erty in questions shall obviate the necessity for same zoning district. such site plan review. Where a requested building b. The special conditions and circum- permit has been withheld by the building official stances do not result from the ac- for want of compliance with applicable laws and tions of the applicant. ordinances beyond the jurisdiction of the board of adjustment or the village council, no building C. Granting the variance requested will permit shall be issued regardless of any decision not confer on the applicant any spe- of the board or village council until the require- cial privilege that is denied by this ments of such laws and ordinances have been chapter to other lands, buildings or met. structures in the same zoning dis- trict. (d) Under no circumstances shall the board of d. Literal interpretation of the provi- adjustment or the village council grant a variance sions of this chapter would deprive to permit a use not generally or by special excep- the applicant of rights commonly en- tion permitted in the zoning district involved or joyed by other properties in the same any use expressly or by implication prohibited by zoning district under the terms of the terms of this chapter in the zoning district. No this chapter and would work unnec- nonconforming use of neighboring lands, struc- essary and undue hardship on the tures, or buildings in the same zoning district and applicant. no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds • e. The variance granted is the mini- for the authorization of a variance. mum variance that will make possi- ble the reasonable use of the land, (e)i�vtl oblis�n of the tined. cif building or structure. adjustment shall be advertised a minimum of ten f. The grant of the variance will be in days in advance of the public hearing in a news- harmony with the general intent and paper of general circulation in the area. (Ord. No. 7 -08, § 2, 4 -10 -2008) purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimen- Sec. 78 -66. Decisions; required vote; tal to the public welfare, resubmission after denial. (b) In granting any variance, the board of In exercising the powers mentioned in section adjustment or village council may prescribe ap- 78 -65, the board of adjustment or the village propriate conditions and safeguards in conformity council may, in conformity with the provisions of with this chapter and any other ordinance en- this article, reverse or affirm, wholly or partly, or acted by the village council. Violation of such may modify the order, requirement, decision or conditions and safeguards, when made a part of determination appealed from and may make such the terms under which the variance is granted, order, requirement, decision or determination as shall be deemed a violation of this chapter.. ought to be made, and to that end shall have all the powers of the officer from whom the appeal is (c) In reviewing matters brought before it pur- taken. The concurring vote of three members of suant to the provisions of this article, neither the the board of adjustment or the village council board of adjustment nor the village council shall shall be necessary to reverse any order, require - exercise authority or jurisdiction over matters ment, decision or determination of any such ad- which are specifically reserved to other officers, ministrative official, or to decide in favor of the boards or agencies of the village. W1�exe site plan applicant on any matter upon which it is required review is necessitated pursuant to the provisions to pass under this chapter, or to effect any varia- of this chapter, no decision of the board of adjust- tion in this chapter. Any request denied by the Supp. No. 6 CD78:35 1 § 78 -66 TEQUESTA CODE • board of adjustment or the village council shall (b) The building official may waive the filing not be resubmitted for a period of 90 days after fee when the applicant seeks a variance to replace the date of denial. an existing screened swimming pool enclosure (Ord. No. 7 -08, § 2, 4 -10 -2008) with a new screened swimming pool enclosure having the same dimensions but a greater height Sec. 78 -67. Appeal to circuit court. than the existing screened swimming pool enclo- sure. Any person or persons aggrieved by any deci- (Ord. No. 7 -08, § 2, 4 -10 -2008) sion of the board of adjustment or the village council under this article, may appeal such deci- Secs. 78- 70- 78 -90. Reserved. sion in accordance with state law. (Ord. No. 7 -08, § 2, 4 -10 -2008) ARTICLE IV. NONCONFORMING USES Sec. 78 -68 Time linAtatioii "on variances. Sec. 78 -91. Continuation generally. The lawful use of any building, structure or The board of adjustment or the village council may prescribe a reasonable time limit within land existing at the time of the adoption of the ordinance from which this chapter is derived may which the action for which the variance is re- quired shall be begun or completed or both. How- be continued although such use does not conform to the provisions thereof; provided, however, the ever, if no time limit is specified by the board of conditions in this article are met. adjustment or the village council, then the vari- (Code 1977, app. A, § XIV(A)) ante shall expire within six months from the date Cross reference — Buildings and building regulations, ch. of grant, unless a building permit based upon and 14. • incorporating the variance is issued within the six -month period and construction has begun there- Sec. 78 -92. Restoration of unsafe structures under. or buildings. (Ord. No. 7 -08, § 2, 4 -10 -2008) Any structure or building or portion thereof declared unsafe may be restored to a safe condi- Sec. 78 -69. Filing fee. tion. (Code 1977, app. A, § XIV(A)(1)) (a) Upon filing an application with the board of adjustment or the village council under this Sec. 78 -93. Previously approved construc- article, applicant shall pay a fee to the village tion. at the time of filing of such application. The fee Nothing in this chapter shall require any change shall be in an amount as set by resolution of the village council and on file in the village clerk's in plans, construction or designated use of a office, shall not be reimbursable, and is intended building or structure for which a building permit has been issued and the construction of which to defray the costs of administering, processing and reviewing the application. Additionally, to shall have been diligently carried on within six months of the date of such permit. cover all additional administrative costs,_ actual or anticipated, including, but not limited to, ad- (Code 1977, app. A, § XIV(A)(2)) vertising costs, engineering fees, consulting fees, attorneys' fees and special studies, the applicant Sec. 78 -94. Maintenance or alteration of non - shall compensate the village for all such costs conforming building. prior to the processing of the application, or not A nonconforming building may be maintained later than 30 days after final application ap- and repairs and alterations may be made, except proval, whichever is determined as appropriate that in a building which is nonconforming as to • by the community development director, or desig- use regulations, no structural alterations shall be nee. made except those required by law including Supp. No. 6 CD78:36 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 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