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Home My WebLink AboutDocumentation_Regular_Tab 09_04/10/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 7-14 - Second Reading 4/10/14 Consent Agenda: No Resolution #: Originating Department: Legal ' � ` • • • • - C - • • -�• ------------- ORDINANCE NO. 7-14, SECOND READING, AMENDING CHAPTER 14. BUIL� L � �':�—� 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: -_ Appropriate Fund Balance: ": '' � ' �" .� • •- � • � .�- •. � "-• � . Department Head Submitted by legal Finance Director or Representative ` .; �, , �f r�`� s Reviewed for Financial Sufficiency � � No Financial Impact ❑ �� Attorney: (for legal sufficiency) i age Manager: ___......,.-- ;- __ __------- - ___. _�m_�,,,. Submit for Council Discussion: 0 �- Approve Item: ❑ Deny Item: � ' ' � •' • • - _� -- - • -s •- - • •- - •- • •• - • • -• _ • • . - • - - - • - Form Amended: 3/14/14 ORDINANCE NO. 7-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAFTER 14. BUILDING5 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 DAMA.GE 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 minimum 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 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 ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 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 Building 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: Sec 14 - 34 Technical Amendments to the Flnrida Rnil��no fnde R cirlpnti:al A�nntprl The Villa�e of Teauesta adonts the follo technical amendments to the Florida _ -- Buildin� Code. Residential. and from the date on which this section shall take effect the arovisions therein shall be cantrollin� in the area of iurisdiction of the villa�e R 322 2 1 Elevation reauirements (1) Buildin�s and structures in flood hazard areas not desiQnated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation nlus 1 foot or the desim flood elevation. whichever is hi�her. (2) Buildin�s and siructures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation nlus 1 foot (30S mml. or to the desi�n 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 hi�hest adiacent �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 shall be elevated to or above the base flood elevation nlus 1 foot or the desi�n flood elevation. whichever is hi�her Excention: Enclosed areas below the desi�n flood elevation. includin� basements whose floors are not below �rade on a11 sides shall meet the reauirements of Section R322.2.2. R 322 3 2 Eleva reauirements ^ 1� All buildin�s and structures erected within coastal hi�h-hazard areas shall be elevated so that the lowest nortion of all structural members sunnortin� the lowest floor with the excention of mat or raft foundations. nilin�. nile cans. columns. �rade beams and bracin�. is: l.l Located at or above the base flood elevation nlus 1 foot or the desim flood elevation. whichever is hi�her, if the lowest horizontal structural member is oriented narallel to the direction of wave abnroach. where narallel shall mean less than or eaual to 20 de�rees (035 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 horizonta.l structural member is oriented neroendicular to the direction of wave an�roach, where neraendicular shall mean �reater than 20 de�rees (0.35 radl from the direction of abnroach. �2 Basement floors that are below � rade 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 nurnoses under and around buildin�s and for sunnort of narkin� slabs. nool decks. natios and walkwavs. 2 Ezcention: Walls and bartitions enclosin� areas below the desi�n flood elevation 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 shall hereafter read as follows: Sec. 78-802. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator sha11: (1) Obtain, review, and provide to applicants base flood elevation and floodway data ava.ilable from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source,;—e� (2) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: 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 �e three feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than �e three feet. (3) Where the base flood elevation data are to be used to sunnort a Letter of Man Chan�e from FEMA advise the annlicant that the analvses shall be nrenared bv a Florida licensed en�ineer in a format reauired bv FEMA. and that it sha11 be the resnonsibilitv of the annlicant to satisfv the submittal reauirements and nav the nrocessin� fee�_ (4) Reauire the annlicant to include base flood elevation data nrenared in accordance with currentiv acce�ted en�ineerin� nractices Section 3: Each and every other section and subsection of Chapter 14. Buildings and Building Regulations; and Chapter 7`8. Zoning. shall remain in full force and effect as previousiy 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 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. 4