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
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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
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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."
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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;
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(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
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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.
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PASSED AND ADOPTED ON SECOND READING THIS 15th
DAY OF MAY
ATTEST:
Town Cler
1987.
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