HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 02_03/20/2014 ORDINANCE NO. 7-14
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VII,LAGE OF
TEQUESTA, FI,ORIDA, AMENDING CHAPTER 14. BUILDINGS AND
BUILDING REGULATIONS. ARTICLE II. BUILDINGS. BY CREATING
AN ENTIRELY NEW SEC. 14-34. TEC�INICAL AMENDMENTS TO THE
FLORIDA BUII�DING CODE RESIDENTIAL ADOPTED. TO ADOPT
LOCAL TECfINICAL AMENDMENTS TO THE FBC, RESIDENTIAL,
THAT PROVIDE NEW FREEBOARD REQUIREMENTS MORE
STRINGENT THAN THE BUILDING CODE MINIMUM
REQUIREMENTS; AND CHAPTER 78. ZOI�TING ARTICLE �III. 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 EACH 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 OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta is adopting a requirement to
increase the rninimum elevation requirement for buildings and structures in flood hazard areas
and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the
Florida, Building Code; and
WHEREAS, the proposed increase in the minimum elevation requirement is a strategy
that has widely proven effective in protecting communities from the hazards of flooding; and
WI�REAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the citizens of the Village of 'I'equesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Cha.pter 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 Buildang Code Residential
Adopted. to ad.opt local technical amendments to the FBC, Residential, that provide new
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freeboard requirements more stringent than the building code minimum requirements; providing
that Sec. 14-34 shall hereafter read as follows:
ec 14-34 Technical mendments to the Florida Bu'iding Code Residential Adonted
The Villa�e of Teauesta. adonts the f ollowin� technical amendments to the Florida
Buildine Code. Residential, and from the da.te on which this section shall take effect the
provisions therein sha11 be controllin� in the azea of iurisdiction of the villa,�e
R322 2 1 Elevation reauirement
(1) Buildin�s and structures in flood hazard areas not desi�nated as Coastal A Zones
sha11 have the lowest floors elevated to or above the base flood elevation nlus 1 foot
or the desi�n flood elevation. whichever is hi�her.
(2) Buildin�s and structures in_flood hazard areas desi�nated as Coastal A Zones shall
have the lowest floors elevated to or above the base flood elevation nlus 1 foot (305
mml. or to the desien flood elevation. whichever is hi�her_
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(3) In areas of shallow floodi.n� (AO Zonesl buildin�s and structures shall have the
lowest floor (includ.in� basementl elevated at least as hi�h above the hi�hect ad;a�Pr,t
�,rade as the denth number snecified in feet on the FIRM nlus 1 foot or at least 3 feet
if a denth number is not snecified.
(4) Basement floors that are below �rade on all sides sha11 be elevated to or above the
base flood elevation nlus 1 foot or the desiQn flood elevatiorL whichever is hi�her
Ezcention• Enclosed areas below the desi�n flood elevatio includin� basements
whose floors are not below �rad.e on all sides sha11 meet the reauirements of Sectio
R322.2.2.
22 3 2 Elevation reauirement
1� All buildi.n�s and stru.ctures erected within coa hi�h-hazard areas sha11 be elevated
so that the lowest nortion of all structural members sunnortin� the lowest floor wi
the excention of mat or raft foundations nilin� nile cans columns �rade beams and
bracin�. is•
1.1 Located at or above the base flood elevation nlus 1 foot or the desi�n.
flood elevation. whichever is hi�her. if the lowest horizontal structural
member is oriented narallel to the direction of wave annroaclL where
narallel shall mean less than or eaual to 20 de�rees (0.35 radl from the
direction of annroach. or
1.2 Located at the base flood elevation nlus 2 feet or the desi�n flood
elevation. whichever is hi�her. if the lowest horizontal structural
member is oriented vernendicular to the direction of wave annroach.
where neraendicular shall mean �rea,ter than 20 de�rees (0.35 radl from
the direction of annroach.
2� Basement floors tha.t aze below �rad.e on all sides are nrohibited.
.3� The use of fill for structural sunnort is nrohibited
�4 Minor �radin�. and the nlacement of minor _auantities of fill. shall be nermitted for
landscaning and for draina�e nuruoses under and around buildin�s and for sunbort of
narkin� slabs. nool decks. natios and walkwavs.
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Ezcention Walls and nartitions enclosin� areaS helnw the decism flnnr� PlPVatinn
sha11 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 shall hereafter read as follows:
Sec. 78-802. Information in flood hazard areas without base flood elevations (approzimate
Zone A).
Where flood haza.rd areas are delineated on the FIRM and base flood elevation data. have
not been provided, the Floodplain Administrator shall:
(1) Reauire the annlicant to include base flood elevation data. nrenared in accordance
with currentiv accented en�ineerin� nractices
(2) Obtain, review, and provide to applicants base flood elevation and floodway data.
available from a federal or sta.te agency or other source or require the applicant to
obtain and use base flood elevation and floodway data available from a federal or
sta.te agency or other source; or
(3) Where base flood elevation and floodway data. are not available from another source,
where the available da.ta, are deemed by the Floodplain Administrator to not
reasonably reflect flooding conditions, or where the available da.ta. are known to be
scientifically or technically incorrect or otherwise inadequaxe:
a. Require the applicant to include base flood elevation data. prepared in
accordance with currently accepted engineering practices; or
b. Specify that the base flood elevation is �vve- three feet above the highest
ad.jacent grad.e at the location of the development, provided there is no
evidence indicating flood depths have been or may be greater than �ve-three
feet.
(4) Where the base flood elevation da.ta. aze to be used to sunnort a Letter of Mav Chan�e
from FEMA. advise the annlicant that the analvses shall be nrenared bv a Florida,
licensed en�in.eer in a format reauired bv FEMA. and tha,t it shall be the resuonsibilitv
f the annlicant to sa.tisfv the submittal reauirements and nav the nrocessin� fees.
Section 3: Each and every other section and subsection of Cha.pter 14. Buildings and
Building Regulations; and Cha.pter 78. Zoning. shall remain in fu11 force and effect as previously
enacted.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
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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 validity of the remainder of this Ordinance.
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.
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