HomeMy WebLinkAbout26-025 ORDINANCE NO. 26-025
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING PART III, LAND
3 DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE X "FLOOD
4 PREVENTION REQUIREMENTS," SECTION 1 "GENERAL,"AND SECTION
5 5 "SPECIFIC REQUIREMENTS BY TYPE OF IMPROVEMENT OR
6 DEVELOPMENT," OF THE CITY CODE OF ORDINANCES TO ENSURE
7 COMPLIANCE WITH STATE STATUTE;PROVIDING FOR CODIFICATION;
8 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
9 PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, the City Commission desires to amend the City Land Development
12 Regulations ("LDRs"), Part III, Chapter 4, Article X, Flood Prevention Requirements, Sections 1
13 and 5, by updating the triggering language in the applicable sections of the Code of
14 Ordinances; and
15 WHEREAS, the City Commission finds that Section 163.31795(2), Florida Statutes,
16 provides that local governments participating in the National Flood Insurance Program may
17 not adopt or enforce an ordinance imposing a cumulative substantial improvement period for
18 substantial improvements or repairs to a structure; and
19 WHEREAS, the proposed amendments will bring the ordinance into compliance with
20 Section 163.31795(2), Florida Statutes.
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ORDINANCE NO. 26-025
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA THAT:
26 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
27 herein by this reference.
28 Section 2. Part III "Land Development Regulations", Chapter 4 "Site Development
29 Standards" Article X "Flood Prevention Requirements" is hereby amended to read as follows:
30 PART III LAND DEVELOPMENT REGULATIONS
31
32 CHAPTER 4. SITE DEVELOPMENT STANDARDS
33
34 Article X. FLOOD PREVENTION REQUIREMENTS
35
36 Sec 1. General
37
38 C. Administration
39
40 6. Inspections. The Floodplain Administrator shall make the required inspections for
41 development that is not subject to the Florida Building Code, including buildings, structures
42 and facilities exempt from the Florida Building Code,and manufactured homes.The Floodplain
43 Administrator shall inspect flood hazard areas to determine if development is undertaken
44 without issuance of a permit.
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ORDINANCE NO. 26-025
45
46 D. Applicability.
47 1. Scope.This article applies to all development of real property located within the city,
48 including areas of special flood hazard. Development shall include but not be limited to the
49 subdivision of land; filling, grading, and other site improvements and utility installations;
50 construction, alteration, remodeling, enlargement, improvement, replacement, repair,
51 relocation or demolition of buildings, structures, and facilities that are exempt from the Florida
52 Building Code.: placement, installation, or replacement of manufactured homes and
53 manufactured buildings: installation or replacement of tanks; installation of swimming pools;
54 and any other development.
55 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm
56 Beach County, Florida and Incorporated Areas dated Octobc~5, 234-7,December 20, 2024, and
57 all subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent
58 amendments and revisions to such maps, are adopted by reference as a part of this article and
59 shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that
60 establish flood hazard areas are on file in the Development Department at the city.
61
62 Sec 5. Specific Requirements by Type of Improvement or Development.
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ORDINANCE NO. 26-025
63
64 C. Manufactured Homes.
65 1. General. :.h,2!! rct by permittcd in flood hazard areas. All
66 manufactured homes installed in flood hazard areas shall be installed by an installer that is
67 licensed pursuant to F.S. § 320.8249 and shall comply with the requirements of FAC Chanter
68 15C-1 and the reauirements of this article. If located seaward of the CCCL. all manufactured
69 homes shall comply with the more restrictive of the applicable requirements.
70 2. Foundations. All new manufactured homes and replacement manufactured
71 homes installed in flood hazard areas shall be installed on permanent, reinforced foundations
72 that:
73 a. In flood hazard areas (Zone A) other than coastal high hazard areas, are
74 desianed in accordance with the foundation reauirements of the FBC, Residential Section
75 R322.2. and this article. Foundations for manufactured homes subiect to Section 5.C.6 below
76 are permitted to be reinforced piers or other foundation elements of at least equivalent
77 strenath.
78 b. In coastal hiah-hazard areas (Zone V), are desianed in accordance with the
79 foundation reauirements of the FBC. Residential Section R322.3. and this article.
80 3. Anchorina. All new manufactured homes and replacement manufactured
81 homes shall be installed usina methods and practices that minimize flood damaae and shall
82 be securely anchored to an adeauatelv anchored foundation system to resist flotation.
83 collapse, or lateral movement. Methods of anchorina include, but are not limited to, the use
84 of over-the-top or frame ties to around anchors. This anchorina reauirement is in addition to
85 applicable state and local anchorina reauirements for wind resistance.
86 4. Elevation. Manufactured homes that are placed. replaced, or substantially
87 improved shall comply with Section 5.C.5. or Section 5.C.6. below, as applicable.
88 5. General Elevation Reauirement. Unless subiect to the requirements of Section
89 5.C.6. below, all manufactured homes that are placed, replaced. or substantially improved on
90 sites located: 1)outside of a manufactured home park or subdivision:2)in a new manufactured
91 home park or subdivision; 3) in an expansion to an existina manufactured home park or
92 subdivision: or 4) in an existina manufactured home park or subdivision upon which a
93 manufactured home has incurred "substantial damaae" as the result of a flood. shall be
94 elevated such that the bottom of the frame is at or above the elevation required. as applicable
95 to the flood hazard area, in the FBC. Residential Section R322.2 (Zone A) or Section R322.3
96 (Zone V).
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ORDINANCE NO. 26-025
97 6. Elevation Reauirement for Certain Existing Manufactured Home Parks and
98 Subdivisions. Manufactured homes that are not subiect to Section 5.C.5. of this article.
99 including manufactured homes that are placed, replaced, or substantially improved on sites
100 located in an existing manufactured home park or subdivision, unless on a site where
101 substantial damage as a result of flooding has occurred, shall be elevated such that either the:
102 a. Bottom of the frame of the manufactured home is at or above the elevation
103 required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone
104 A) or Section R322.3 (Zone V): or
105 b. Bottom of the frame is supported by reinforced piers or other foundation
106 elements of at least eauivalent strenath that are not less than thirty-six (36) inches in height
107 above grade.
108 7. Enclosures. Enclosed areas below elevated manufactured homes shall comply
109 with the reauirements of the FBC, Residential Section R322 for such enclosed areas, as
110 applicable to the flood hazard area.
111 8. Utility Equipment. Utility equipment that serves manufactured homes,
112 including electrical, heating,ventilation, plumbing, air conditioning, and other service facilities,
113 shall comply with the requirements of the FBC, Residential Section R322, as applicable to the
114 flood hazard area.
115 Section 3: Codification. It is the intention of the City Commission of the City
116 of Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become
117 and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida. The City
118 Clerk is hereby directed to incorporate this Ordinance into the Code, and to make such section
119 renumbering, re-lettering, and formatting changes as may be necessary to accomplish such intent,
120 including the correction of typographical errors and the updating of cross-references.
121 Section 4: Severability. If any clause, section, or other part of this Ordinance
122 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
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ORDINANCE NO. 26-025
123 unconstitutional or invalid part shall be considered as eliminated and in no way affecting the
124 validity of the other provisions of this Ordinance.
125 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
126 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
127 conflict.
128 Section 6: Effective Date. That this Ordinance shall take effect immediately
129 upon passage.
130 [SIGNATURES ON THE FOLLOWING PAGE]
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ORDINANCE NO. 26-025
128 FIRST READING this S day ofSe.0-e e-,, 2026.
129
130 SECOND, FINAL READING AND PASSAGE THIS kin day of 026.
131
132 CITY OF BOYNTON BEACH, FLORIDA
133 YES NO
134 Mayor- Rebecca Shelton ✓
135
136 Vice Mayor-Thomas Thurkin
137
138 Commissioner-Angela Cruz Cab,
139
140 Commissioner- Mack McCray
141
142 Commissioner-Aimee Kelley
143
144 VOTE -c
145 ATTEST:
146 h
147 _ C`''0--
148 Tammy Stan one Rebecca Shelton
149 City Clerk Mayor
150 =�pV NTp y%. %
151 Ott•°S s
•SDVOZi F 6:;,11 APPROVED AS TO OR
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