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HomeMy Public PortalAboutORD 87/03ORDINANCE NO. 87-3 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 83 -1, THE OFFICIAL ZONING ORDINANCE OF THE TOWN OF GULF STREAM BY AMENDING SECTION IV, DEFINITIONS, TO INCLUDE DEFINITIONS FOR "ADDITION ", "AREA OF SHALLOW FLOODING ", "BREAKAWAY WALL ", "COASTAL HIGH HAZARD AREA ", "DEVELOPMENT ", "ELEVATED BUILDING ", "FLOOR ", "HIGHEST ADJACENT GRADE ", "MEAN SEA LEVEL ", "MANUFACTURED HOME ", "NATIONAL GEODETIC VERTICAL DATUM (NGVD) "; AMENDING SECTION X - GENERAL PROVISIONS, TO PROHIBIT MOBILE HOMES IN ALL ZONING CATEGORIES WITHIN THE TOWN; AMENDING SECTION XVI - FLOOD HAZARD AREAS, RELATING TO VARIANCE PROCEDURES AND GENERAL STANDARDS SO AS TO INCLUDE THE FEDERAL EMERGENCY MANAGEMENT AGENCY OCTOBER 1, 1986 REVISIONS TO THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, as follows: Section IV of the Official Zoning Ordinance of the Town is hereby amended as follows: Section 1. Section IV - Definitions, is hereby amended by adding and /or revising and including the following: A. "Addition (to an existing building) ". Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load - bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load - bearing walls is new construction. B. "Area of Shallow Flooding ". A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. C. "Breakaway Wall ". A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. D. "Coastal High Hazard Area ". The area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone Vl - 30, VE or V. E. "Development ". Any man -made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. F. "Elevated Building ". A non - basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. G. "Floor ". The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. H. "Highest Adjacent Grade ". The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. I. "Mean Sea Level ". The average height of the sea for all stages of the tide. It is used as a reference for establish- ing various elevations within the flood plain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). J. "Manufactured Home ". A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. K. "National Geodetic Vertical Datum (NGVD) ". As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the flood plain. Section 2. Section X - General Provisions, is hereby amended by adding a new Sub - paragraph F -1 to read as follows: "F -1. Mobile Homes. No mobile home, manufactured home, or trailer is permitted within any zoning category within the Town of Gulf Stream." Section 3. Section XVI, Flood Hazard Areas, is hereby amended by adding, deleting and /or revising and including the -2- following: A. Section XVI(G) is hereby amended by adding an Item 2 to read as follows: "(G)2. A development permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities." B. Section XVI is hereby amended at Item K so as to revise said item to read as follows: "K. PERMIT PROCEDURES. Application for a Development Permit shall be made to the Town Clerk or designee on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application Stage. (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures; (b) Elevation in relation to mean sea level to which any non - residential structure will be flood - proofed; (c) Certificate from a registered professional engineer or architect that the non - residential flood - proofed structure will meet the flood - proofing criteria in Article 5, Section B(2); (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development, and; (2) Construction Stage. Provide a floor elevation or flood - proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or flood - proofing by whatever construction means, or upon placement -3- of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Town Clerk or designee a certification of the elevation of the lowest floor, flood - proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood - proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The Town Clerk or designee shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project." C. Section XVI shall be amended at Item L so as to add an additional item at No. 5 thereunder to read as follows: "Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result." Additionally, at said No. 5 the following paragraph shall be added: "Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building." -4- D. Section XVI is hereby amended at Item M to add the following paragraph: "Electrical, heating, ventilation, plumbing, air condition- ing equipment, and other service facilities shall be designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding." E. Section XVI is hereby amended at Item N as follows: 1. Revise Item (a) Residential Construction to read as follows: "(a). Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than ( 7 feet) above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article XVI, Section N(d)." 2. Add a new Item (c) Elevated Buildings to read as follows: "(c). Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; My (ii) The bottom of all openings shall be no higher than one foot above grade; and, (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (2) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation; (3) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and (4) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms." 3. There shall be a new Item (d) Floodways to read as follows: "(d). Floodways. Located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; (2) If Article XVI, Section M is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article XVI. 4. There shall be a new Item (e) Coastal High Hazard Areas (V Zones) to read as follows: "(e). Coastal High Hazard Areas (V Zones). Located within the areas of special flood hazard established in Section F are areas designated as Coastal High Hazard areas. These areas have special flood hazards associated with wave wash, therefore, the following provisions shall apply: (1) All buildings or structures shall be located (15 feet or 150, whichever is greater,) landward of the reach of the mean high tide; (2) All buildings or structures shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) is located no lower than ( 2 feet) above the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with the provisions of this Section. (3) All buildings or structures shall be securely anchored on pilings or columns; (4) All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultan- eously on all building components. The anchor- ing and support system shall be designed with wind and water loading values which equal or exceed the 100 year mean recurrence interval (one percent annual chance flood). (5) A registered professional engineer or architect -7- shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in this section. (6) There shall be no fill used as structural support. Non - compacted fill may be used around the perimeter of a building for landscaping/ aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The Town Clerk or designee shall approve design plans for landscaping /aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and /or soil scientist, which demonstrates that the following factors have been fully considered: (i) Particle composition of fill material does not have a tendency for excessive natural compaction; (ii) Volume and distribution of fill will not cause wave deflection to adjacent properties; and (iii) Slope of fill will not cause wave run -up or ramping. (7) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage; (8) Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to the following design (i) No solid walls (ii) material shall mesh screening (9) If aesthetic lattice be used and provided specifications are met: shall be allowed, and; consist of lattice or only. work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. (10) Prior to construction, plans for any structures that will have lattice work or decorative screening must be submitted to the Town Clerk for approval; (11) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except with lattice work or decorative screening, as provided for in this section. Section 4. Section XVI is hereby amended by adding a new Item "P" to read as follows: "P. Standards for Areas of Shallow Flooding (AO Zones). Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet (1' - 31) where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvements of non - residential structures shall: (a) have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade, or; (b) together with attendant utility and sanitary facilities be completely flood - proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Section 5. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications and to this end the provisions of this Ordinance are hereby declared severable. Section 6. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream, Florida. Section 7. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. -10- PASSED AND ADOPTED ON SECOND READING THIS 15th DAY OF MAY ATTEST: Town Cler 1987. MA R 11- -,Alm sl