HomeMy WebLinkAboutOrdinance_07-14_04/10/2014 ORDINANCE NO. 7 -14
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 14. BUILDINGS AND
BUILDING REGULATIONS. ARTICLE R. 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; 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 minim 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
ordinance 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 H. 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
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freeboard requirements more stringent than the building code minim requirements; providing
that Sec. 14 -34 shall hereafter read as follows:
ec. 14 -34. Technical Amendments to the Florida Building Code Residential Adopted.
e Village of Teauesta adopts the following technical amendments to the Florida
Building Code, Residential, and from the date on which this section shall take effem the
provisions therein shall be controlling in the area of jurisdiction of the village.
R322.2.1 Elevation requirements.
(1) Buildings and structures in flood hazard areas not designated as Coastal A Zones
shall have the lowest floors elevated to or above the base flood elevation plus 1 foot
or &c design flood elevation, whichever is higher.
(2) Buildiggs and structures in flood hazard areas designated as Coastal A Zones shall
ve the lowest floors elevated to or above the base flood elevation plus 1 foot (305
or to the design flood elevation, whichever is higher.
(3) In areas of shallow flooding (AO Zones), buildings and structures shall have the
l owest floor (including basement) elevated at least as high above the highest adiacent
ode as the depth number specified in feet on the FIRM plus 1 foot. or at leas-3 feet
if a depth number is not specified.
(4) Basement floors that are below grade on all sides shall be elevated to or above the
base flood elevation plus 1 foot or the design flood elevatim whichever is higher.
E xception: Enclosed areas below the design flood elevatiom including basements
hose floors are not below grade on all sides, shall meet the requirements of Section
R322.2.2.
R322.3.2 Elevation requirements.
1 buildings and structures erected within coastal high- hazard areas shall be elevated
so that the lowest portion of all structural members su_ppoWng the lowest floor, with
the exception of mat or raft foundations, piling, pile caps, columns, grade beams and
r in i
U Located at or above the base flood elevation plus 1 foot or the design
fl ood elevation, whichever is higher, if the lowest horizontal structural
member is oriented parallel to the direction of wave approa& where
parallel shall mean less than or equal to 20 degrees (0.35 mM from the
direction of approach, or
1.2 Located at the base flood elevation plus 2 feet. or the design flood
elevation. whichever is higher, if the lowest horizontal structural
member is oriented perpendicular to the direction of wave approach,
where pemoWcular shall mean greater than 20 degrees (0.35 rad) from
the direction of approach,
2 asement floors that are below grade on all sides are prohibited.
M The use of fill for structural support is prohibited.
4� Minor grading, and the placement of minor quantities of fill, shall be permitted for
landscaping and for drainage pumses under and around buildings and for support of
parking slabs, pool decks, patios and walkways.
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Exception: Walls and partitions enclosing areas below the design flood elevatio
shall meet the requirements of Sections R322.3.4 and R322.1.5.
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 shall:
(1) Obtain, review, and provide to applicants base flood elevation and floodway data
available 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.; —eF
(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 wie thre 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 #No &e
feet.
(3) Where the base flood elevation data are to be used to support a Letter of Map Change
from FEM& advise the applicant that the analyses shall be prepared by a Florida
licensed engineer in a format required by FEMA. and that it shall be the responsibility
of the applicant to satisfy the submittal requirements and pay the processing fees.
(4) Reguire the applicant to include base flood elevation data prepared in accordance
with currently accepted engineering practices.
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.
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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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Upon Second Reading this 10`" day of April 2014, the foregoing Ordinance was offered by
Council Member D'Ambra who moved its adoption. The motion was seconded by Council
Member Okun and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno Absent
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of April
2014.
MAYOR OF TEQUESTA
G�
igail rennan
ATTEST:
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YY�IC(� p RP0' '
Lori McWilliams, MMC - 9 rn
Village Clerk ��,yCpA�,�t mcn_
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