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Home My WebLink AboutDocumentation_Regular_Tab 12_03/13/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 7-14 3/13/14 Consent Agenda: No Resolution #: Originating Department: Legal � �� •• • • - : -• • -�• ORDINANCE 7-14, FIRST READING, AMENDING CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE II. BUILDINGS. BY CREATING AN ENTIRELY NEW SEC. 14-34. TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RESIDENTIAL ADOPTED. TO ADOPT LOCAL TECHNICAL AMENDMENTS TO THE FBC, RESIDENTIAL, THAT PROVIDE NEW FREEBOARD REQUIREMENTS MORE STRINGENT THAN THE BUILDING CODE MINIMUM REQUIREMENTS; AND CHAPTER 78. ZONING ARTICLE XII. FLOOD DAMAGE PREVENTION, SEC. 78-802, BY CHANGING THE DEFAULT DEPTH TO 3 FEET ABOVE GRADE, EFFECTIVELY PROVIDING AN ADDED +1 FT. OF FREEBOARD PROTECTION, EVEN IN APPROXIMATE ZONE A � . , .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Chaos� an Appropriate Fund Balance: �:��oose an item. ' ' • � •' .• • •- � � • .�- . - � � . Department Head Submitted by Legal Finance Director � Reviewed for Financial Sufficiency No Financial Impact ❑ Attorney: (for legal sufficiency) - -- - --- i age anager: �� , Submit for Council Discussion: � ' Approve Item: ❑ Deny Item: � � •- . . -.. -- - . -. .- - . .- - i - • • • ' • • ' i � • • . ' • - - ' • ' Form Amended: 7/12/12 ORDINANCE NO. 7-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 14. BUII.DINGS AND BUII..DING REGULATIONS. ARTICLE II. BUII..DINGS. BY CREATING AN ENTIRELY NEW SEC. 14-34. TECHI�IICAL AMENDMENTS TO THE FLORIDA BUII�DING CODE RESIDENTIAL ADOPTED. TO ADOPT LOCAL TEC�INICAL AMENDMENTS TO THE FBC, RESIDENTIAL, THAT PROVIDE NEW FREEBOARD REQUIREMENTS MORE STRINGENT THAN THE BUII.,DING CODE MINIlVIUM REQUIREMENTS; AND CHAPTER 78. ZONING ARTICLE 7�II. FLOOD DAMAGE PREVENTION, SEC. 78-802, BY CHANGING THE DEFAULT DEPTH TO 3 FEET ABOVE GRADE, EFFECTIVELY PROVIDING AN ADDED +1 FT. OF FREEBOARD PROTECTION, EVEN IN APPROI�IVIATE ZONE A; PROVIDING THAT EACFI AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTERS 14 AND 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTI�R PURPOSES. VVHEREAS, the Village Council of the Village of Tequesta is adopting a requirement to increase the minimum elevation requirement for buildi.ngs and structures in flood hazard areas and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordina.te with the Florida. Building Code; and WFIEREAS, the proposed increase in the n��mum elevation requirement is a strategy that has widely proven effective in protecting communities from the hazards of flooding; and WHEREAS, the Village Council believes the code amendments contained in this ordina.nce will be in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAlNED BY THE V�LAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II. Buildings. by creating an entirely new Sec. 14-34. Technical Amendments to the Florida. Buildi.ng Code Residential Adopted. to adopt local technical amendments to the FBC, Residential, that provide new 1 freeboard requirements more stringent than the building code minimum requirements; providing that Sec. 14-34 shall hereafter read as follows: ec.14-34. Technical Amendments to the Flo�ci�da Buildine Code Residential Adonted The Villa�e of Teauesta adonts the followin� technical amendments to the Florida. Buildin� Code. Residential. and from the da.te on which this section shall take effec� the qrovisions therein sha.11 be controllin� in the area of iurisdiction of the villa.�e. R322.2.1 Elevation reauirements. (1) Buildin�s and st�uctures in flood hazard areas not desisnated as Coastal A Zones sha11 have the lowest floors elevated to or above the base flood elevation plus 1 foot or e desisn flood elevation. whichever is hisher. (2) Buildin�s and structures in flood hazard areas designated as Coastal A Zones sh ha.ve the lowest floors elevated to or above the base flood elevatian nlus 1 foot (305 ). or to the desian flood elevation. whichever is hi�her. (3) In areas of shallow floodin� (AO Zonesl, buildin�s and structures shall have the lowest floor (includin� basementl elevated at least as hi�h above the lushest adiacent Qra.de as the denth number snecified in feet on the FIRM nlus 1 foo� or at least 3 feet if a denth number is not snecified. (4) Basement floors tha.t a.re below �rade on all sides shall be elevated to or above the base flood elevation nlus 1 foot or the desi�n flood elevation, w}uchever is hisher. Ezcention: Enclosed areas below the desisn flood elevation. includins basements whose floors are not below grade on all sides, shall meet the reauirements of Section R322.2.2. R,�22.3.2 Elevation reauirements. �1 All buildings and structures erected within coastal hi�h-hazard areas shall be elevated so that the lowest nortion of all structural members sunnorting the lowest floor. with e excention of mat or raft foundations. nilin�, pile ca.ns, columns. �ade beams and bracin�. is: � 1 Located at or above the base flood elevation nlus 1 foot or the desiQn ood elevation. whichever is higher, if the lowest horizontal struc member is oriented narallel to the direction of wave annroach. where arallel shall mean less than or eaual to 20 de�rees (0.35 radl from the ' ection of annroach, or l Located at the base flood elevation Alus 2 feet or the desi�n flood elevation. whichever is hi�her, if the lowest horizontal shuctural �member is oriented nemendicular to the direction of wave annroach, where neroendicular shall mean grea.ter than 20 desrees (0.35 rad) from the direction of annroach. 2� asement floors that are below �rade on all sides are nrohibited. 3� e use of fill for structural sunnort is nrohibited. 4� Minor �radine. and the nlacement of minor auantities o� fill, sha.11 be �ermitted for landsca.nin� and for drainaEe numoses under and azound bui.ldin�s and for su�nort of arkin� slabs. nool decks. natios a.nd walkwavs. 2 E ceution: Walls and nartitions enclosin� a.reas below the desisn flood elevatio shall meet the reauirements of Sections R322.3.4 and R322.3.5. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Art. XII. Flood Damage Prevention, Sec. 78-802, by changing the default depth to 3 feet above grade, effectively providing an added +1 ft. of freeboard protection, even in approximate Zone A; providing that Sec. 78-802 sha11 hereafter read as follows: Sec. 78-802. Information in flood hazard areas without base flood elevations (appro�mate Zone A). Where flood hazard azeas are delineated on the FIRM and base flood elevation data. ha.ve not been provided, the Floodplain Administrator shall: (1) Reauire the annlicant to include base flood elevation da.ta nrenazed in accordance 'th currentiv accented en�ineerin� nractices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data. available from a federal or state agency or other source or requ.ire the applicant to obtain and use base flood elevation and floodway data. available from a federal or state agency or other source; or (3) Where base flood elevation and floodway data. are not available from another source, where the available data. aze deemed by the Floodplai.n Administra.tor to not reasonably reflect flooding conditions, or where the available da.ta are known to be scientifically or technically inconect or othervvise inadequaxe: a. Require the applicant to include base flood elevation data prepazed in accordance with currently accepted engineering practices; or b. Specify tha.t the base flood elevation is #� three feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths ha.ve been or may be greater than �three feet. (4) Where the base flood elevation data are to be used to sunnort a Letter of Man Chan�e from FEMA. advise the a�ulicant that the analvses shall be bre�azed bv a Florida icensed en�ineer in a format reauired bv FEMA. and that it shall be the resnonsibilitv of the aAAlicant to satisfv the submittal reauirements and nav the nrocessing fees. Section 3: Each and every other section and subsection of Chapter 14. Buildings and Building Regulations; and Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 3 Section 5: Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the val.idity of the remainder of this Ordina.nce. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: The Village Clerk is directed to provide a copy of this ordinance to the Florida Building Commission immediately upon adoption. Section 8: This Ordinance shall become effective immediately upon adoption. 4