Boyn20 Chapter 20
BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS
Art. I. In General
Art. II. Electrical Code
Art. III. Reserved
Art. IV. Reserved
Art. V. Energy Efficiency Code
Art. VI. Reserved
Art. VII. Flood Damage Prevention
Art. VIII. Housing
Art. IX. Swimming Pools and Spas
Art. X. Workforce Housing Program
Art. XI. Reserved
Art. XII. Reserved
Art. XIII. Historic Preservation
ARTICLE I. IN GENERAL
Sec. 1. Penalties.
Any person convicted of the violation of any of the terms or provisions of this chapter or any code or standards adopted hereby shall be punished as provided by Section 1-6 of the Code
of Ordinances. If any person commences any work on a building, structure, plumbing, mechanical or gas system before obtaining the necessary permit, he shall be subject to a penalty
of four (4) times the established permit fee. The director of development may allow a waiver of the penalty fee, in whole or in part, when such waiver does not violate the best interests
of the city.
Sec. 2. Certificate of treatment for termites.
Before any slab inspection is performed by the development department for the continued construction of any improvements on any property in the city, the owner of said property or his
contractor shall furnish a certificate from a city licensed exterminator that the soil has been treated for termites.
Sec. 3. Minimum building and construction standards.
A. The Florida Building Code 2004, Gas, Mechanical and Plumbing Codes, 2004 Edition, and the 2002 National Electrical Code including future editions or revisions as adopted by the city,
are hereby adopted as the minimum Building Code for the City of Boynton Beach.
B. Chapter 1, Administration, as described in the Boynton Beach Amendments, and is incorporated herein in the Florida Building Code 2004, Gas, Mechanical and Plumbing Codes, 2004 Edition,
and the 2002 National Electrical Code.
C. The City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code, Plumbing, Mechanical, Gas and 2002 National Electrical Code are incorporated in this document
and made a part hereof, copies shall be maintained on file in the Office of the City Clerk and shall be available to the public.
D. All construction regulation fees as referenced or described in the above codes are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained
on file in the Office of the City Clerk and shall be available, without charge, to the public.
(Ord. No. 96-40, §§ 1 - 3, 5, 9-4-96; Ord. No. 99-16, § 1 - 4, 6-15-99; Ord. No. 02-047, § 1, 9-3-02; Ord. No. 05-063, § 2, 11-1-05; Ord. No. 06-084, § 2, 10-17-06)
Sec. 4. Fees.
A. Permit fees. A permit shall not be issued until the minimum fee of thirty-five dollars ($35.00) or 2% of the total valuation, whichever is greater, has been paid. The permit fee
shall be based on the value of the proposed construction of all items specified and detailed on the plans and/or listed on the permit
application. An amendment to a permit shall not be issued until the additional fee, if any, due to an increase in estimated cost of the building, electrical, plumbing, gas, mechanical,
landscaping or site development, has been paid.
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B. Interim services fee. The City Commission hereby establishes an "interim services fee" which is an annual user charge applicable, except during the Suspension Period as provided
hereinafter, to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property.
1. Reserved.
2. Levied. Except during the Suspension Period as provided hereinafter, every structure located within the city and not yet appearing on the county tax roll, shall be subject to
an interim services fee. This interim services fee shall be in effect from the date of the issuance of a certificate of occupancy or certificate of completion to January 1 of the year
following the issuance of the certificate; provided, the levy of the interim service fee is suspended, effective June 14, 1999, until such suspension is repealed by adoption of an ordinance
by the City Commission of the City of Boynton Beach (the "Suspension Period"). Said fee shall be charged in accordance with the fee schedule which is attached to Ordinance No. 91-17
as Exhibit "B" and the computation hereinafter set forth.
a. Dwelling unit computation. For the purposes of this subsection and Exhibit "B", dwelling unit computation shall be made as follows:
(1) Each single-family unit, including condominium, apartment and hotel unit, shall count as one.
(2) For commercial and/or industrial structures, divide the total building square footage for each such industrial and/or commercial structure by one thousand (1,000) square feet
rounded to the nearest tenth (0.1).
b. Fee determination; proration. The dwelling unit computation shall be utilized in conjunction with the fee schedule set forth in Exhibit "B" in computing the interim services fee.
The following example illustrates how the interim services fee is arrived at:
Example: A 22,565 square foot office building is issued a certificate of occupancy in Dece
mber of any given year:
22,565 ÷ 1,000 = 22.565
22.6 X $10.23 = $231.20
Interim services fee for this structure would be $231.20.
3. Procedure. Except during the Suspension Period set forth above, the director of development shall collect the interim services fee prior to the issuance of a certificate of occupancy
or certificate of completion by the development department.
4. Distribution. Except during the Suspension Period set forth above, on a daily basis, the development department shall promptly remit monies collected pursuant to this section to
the city finance director.
5. Eligibility for municipal services. Except during the Suspension Period set forth above, no improvement shall be eligible for municipal services unless an interim services fee
has been paid.
6. Creation of trust fund. The finance director shall deposit all funds collected into a non-lapsing trust fund established and maintained by the city. The use of such funds will
be restricted and limited to expenditures for public safety, physical environment (public works administration costs), maintenance and services for roads and streets, health (animal
control), library and parks and recreation, which are associated with the properties from which the funds were collected. The city manager shall provide the City Commission with recommendations
for expenditures of these funds during the annual budget process or from time to time as needed. Such expenditures of funds shall be limited to a percentile of total fees collected
for each of the services as identified herein. The City Commission by resolution must approve all expenditures from said trust fund upon determination that said expenditures are appropriate.
(Ord. No. 00-09, § 2, 4-4-00; Ord. No. 05-069, § 2, 12-6-05)
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Sec. 5. Accessibility by handicapped.
All construction must conform with federal, state and county accessibility rules and regulations including, but not limited to, the Florida Accessibility Code, January 1994 Edition.
In addition, all interior doors in all dwelling units, hotel rooms and motel rooms on first floor only or floors serviced by elevators shall have a minimum of twenty-nine (29) inches
clear opening, (door of at least thirty-two (32) inches in width) with the exception of storage rooms and closets.
Sec. 6. Coastal building zone and code.
A. The coastal building zone for the city is the land area from the seasonal high-water line landward to a line one thousand five hundred (1,500) feet landward from the coastal construction
control line as established pursuant to Section 161.053, Florida Statutes. Development projects within this zone must utilize best management construction techniques for natural resource
protection and must conform to the goals, objectives and policies of the comprehensive plan of the city, Chapter B7, Coastal Management.
B. The coastal construction code was adopted on August 19, 1986 and applies to all construction within the coastal building zone. It is not set out at length herein, but is on file
and available for inspection in the offices of the city clerk and the director of development.
(Ord. No. 96-60, § 1, 1-21-97)
Sec. 7. Soil tests.
Where the bearing capacity of soil is not definitely known, the director of development may require test or other adequate proof to establish permissible safe bearing capacity. Tests
shall be certified, signed and sealed by a Florida registered engineer, and shall be submitted with the building permit application.
(Ord. No. 96-60, § 2, 1-21-97)
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Sec. 8. Building security code.
A. Title. This section may be known and cited as "The City of Boynton Beach Building Security Code" hereinafter referred to as the security code.
B. Rules of construction. For the purposes of administration and enforcement of this section, unless otherwise stated in this section, the following rules of construction shall apply
to the text:
1. In case of any difference of meaning or implication between the text of this section and any caption, illustration, summary table or illustrative table, the text shall control.
2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
3. Words used in the present tense shall include the future and words used in the singular number shall include the plural, and the plural singular, unless the context clearly indicates
the contrary.
4. The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for."
5. The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar legal entity.
6. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and", or "either
. . .or," the conjunction shall be interpreted as follows:
a. "And" indicates that all the connected terms, conditions, provisions or events may apply singly or in any combination.
b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
c. "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.
7. The word "includes" shall limit a term to the specified example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
C. Administration:
1. General. This code is remedial, and shall be construed to secure the beneficial interests and purposes thereof which are health, safety and general welfare through minimum building
security standards established to make buildings less susceptible to unlawful entry and more secure for those persons using said buildings. Strict compliance does not guarantee immunity
from criminal activity, and the city assumes no responsibility nor liability for any loss or damage relating to security.
2. Applicability. This code applies to the construction, alteration, repair, change of occupancy classification or relocation of every building or structure or any appurtenances connected
or attached to such buildings or structures occupied for commercial or residential purposes. All existing single family and multi-family units and commercial structures shall have exterior
identification/numbering as set forth in subsections E.16 and F.13 of this section.
3. Existing buildings. Provisions set forth herein for building security are recommended for all existing buildings but shall not be mandatory except as set forth in subsection C.2.
4. Federal and state authority. This code shall not be held to deprive any federal or state agency, or any applicable governing body having jurisdiction, of any power or authority
which it held on the effective date of the adoption of this code, or any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of
its legal rights as provided by law.
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5. Maintenance. All buildings or structures, both existing and new, and all parts thereof shall be maintained in a safe and securable condition. All devices or safeguards, which
are required by this code in buildings erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance
of buildings and structures.
6. Enforcing authority. It is hereby established that the City of Boynton Beach Department of Development, hereinafter known as "department," is charged with the enforcement of this
code. The rights and limitations of the department are those stated in the currently adopted building code where not in conflict with the scope of this code. Any appeal from the provisions
of this section shall be to the building board of appeals.
D. Terms. The following words, terms and phrases shall have the meaning ascribed thereto:
1. Approved means approved by the development director or other authority having jurisdiction.
2. Bolt throw is the distance from the lock front surface to the farthest projected point on the bolt or latch at the center line when subjected to end pressure.
3. Burglar-resistant material means framed glass or glass-like materials that can withstand the impact of a five-pound steel ball dropped from a height of forty (40) feet and five
(5) impacts from a height of ten (10) feet concentrated within a five-inch diameter area of the surface without release from frame. Tested in accordance with UL 72-1972.
4. Double-keyed dead bolt is a dead bolt lock actuated by a key from the inside and outside.
5. Louvers means a series of removable, fixed-slanted or movable slats. (Glass-louvered is descriptive of jalousies. Glass, wood or metal jalousies are considered to be louvers.
Awning-type windows having sections more than twelve {12} inches in depth are not considered to be louvers).
6. Multiple-point lock is a system of lever-operated bolts that engage a door opening, at least at the head and sill, operated by a single knob or handle from the inside and, optionally,
by a cylinder-locked handle from the outside.
7. Opening is a section of wall into which a door or an operable window is installed.
8. Single-keyed dead bolt is a lock bolt which does not have a spring action. This bolt must be actuated by a key from the exterior and a knob or thumb turn from the interior and
when projected becomes locked against return by end pressure.
9. Strike plate is a metal plate designed to receive and hold a projected bolt.
E. Residential structures.
1. Scope. This section applies to openings in dwelling units and to openings between attached garages and dwelling units.
2. Exceptions:
a. Openings where the smallest dimension is six (6) inches or less, provided that the closest edge of such opening is at least forty-two (42) inches from the locking device of the
door or window assembly or is arranged to prevent reaching in and defeating the security device. This subsection should be read in conjunction with subsection 15 herein.
b. Openings protected by required fire door assemblies having a fire endurance rating of not less than forty-five (45) minutes.
c. An opening in an exterior wall when all portions of such openings are more than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface of any adjoining
yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area.
3. Obstructing exits, general. Security methods shall not create a hazard to life by
obstructing any means of egress or any opening
which is classified as an emergency exiting facility. Security provisions shall not supersede the safety
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requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of the Standard Building Code and the Life Safety Code, N.F.P.A. 101.
4. Emergency escape or rescue windows. Bars, grills, grates or similar devices may be installed in, on or over emergency escape or rescue windows or doors as required by the Standard
Building Code provided:
a. Such devices are equipped with approved release mechanisms which are openable without the use of special tools, keys, special knowledge or effort; and
b. The building is equipped with smoke detectors installed in accordance with applicable fire and building codes.
5. Entry vision. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door.
Such view may be provided by a door viewer having a field of view not less than one hundred eighty (180) degrees.
6. Doors; swinging doors. All exterior swinging doors shall be equipped with a single-keyed dead bolt with a one-inch minimum throw.
7. Hinges. Hinges which are exposed to the exterior shall be equipped with nonremovable hinge pins or a mechanical interlock to prevent removal of the door from the exterior by removing
the hinge pins.
8. Strike plate installation. In wood frame construction any open space between trimmers and wood door jambs shall be solidly shimmed by a single piece extending not less than six
(6) inches above and below the strike plate. Strike plates shall be attached to wood with not less than two (2) No. 8, two-inch screws. Strike plates, when attached to metal, shall
be attached with not less than two (2) No. 8 machine screws. All strike plates or doors in pairs shall be installed in accordance with manufacturers specifications.
9. Swinging double doors. The active
leaf in pairs of swinging doors shall have locks as required for single swinging doors or be provided with multi-point locks which contain inserts, each with one-inch minimum throw bolts
and a cylinder lock. The inactive leaf in pairs of swinging doors shall be provided with threshold and header bolts that penetrate a strike plate with a minimum five-eights-inch throw
and half-inch minimum engagement.
10. Sliding doors. Sliding doors shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key.
11. Jalousie louvered doors. Doors with jalousie or louvered panels shall have those panels protected by approved metal bars, security screens or grills.
12. Garage doors. Garage doors shall be equipped with a key operated exterior locking device.
13. Windows. Jalousie or louvered windows shall be protected by approved metal bars, security screens or grills.
14. Sliding windows. Sliding windows shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key.
15. Fixed glazing/glazing set into doors. It is recommended that fixed glazing larger than six (6) inches in any direction located in a door, or within forty-two (42) inches of the
door's locking device, be of burglar resistant material, having security screening, or other auxiliary security device.
16. Exterior identification/numbering. Single-family units shall have their address numerals displayed in a conspicuous manner, four-inch minimum size and of diverse color. Multi-family
units shall be identified with four-inch minimum address numerals of diverse color at front and rear entrances.
17. Parking identification. Assigned parking spaces shall not be identified to coincide with room number, name or unit address.
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F. Commercial structures. The provisions of this subsection shall apply to openings into commercial structures.
1. Exceptions:
a. Openings where the smallest dimension is six (6) inches or less, provided that the closest edge of such opening is at least forty-two (42) inches from the locking device of the
door or window assembly or is arranged to prevent reaching in and defeating the security device.
b. Openings protected by required fire door assemblies having a fire endurance rating of not less than forty-five (45) minutes.
c. An opening in an exterior wall when all portions of such openings are more than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface of any adjoining
yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area.
d. Toilet rooms.
2. Obstructing exits, general. Security methods shall not create a hazard to life by obstructing any means of egress or any opening which is classified as emergency exiting facility.
Security provisions shall not supersede the safety requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of the Standard Building
Code and the Life Safety Code, N.F.P.A. 101.
3. Entry vision. All entry doors shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Such view may be provided by
a door viewer having a field of view not less than one hundred eighty (180) degrees.
4. Doors; swinging doors. All swinging doors shall be equipped with a single-keyed dead bolt with a one-inch minimum throw; see N.F.P.A. 101 for exceptions.
5. Hinges. Hinges which are exposed to the exterior shall be equipped with non-removable
hinge pins or a mechanical interlock to prevent removal of the door from the exterior by removing the hinge pins.
6. Strike plate installation. Door jambs shall be solidly shimmed, extending not less than six (6) inches above and below the strike plate(s). Door jambs and frames shall be installed
in accordance with manufacturing specifications. Strike plates shall be attached to wood with not less than two (2) No. 8, two-inch screws. Strike plates, when attached to metal, shall
be attached with not less than two (2) No. 8 machine screws. All strike plates of doors in pairs shall be installed as tested.
7. Swinging double doors. The active leaf in pairs of swinging doors shall have locks as required for single swinging doors or be provided with multiple-point locks which contain
inserts, each with one-inch minimum throw bolts and a cylinder lock. The inactive leaf in pairs of swinging doors shall be provided with threshold and header bolts that penetrate a
strike with a minimum of five-eights-inch throw and half-inch minimum engagement.
8. Sliding doors. Sliding doors shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key.
9. Jalousie/louvered doors. Doors with jalousie or louvered panels shall have those panels protected by approved metal bars, security screens or grills.
10. Garage doors. Garage doors shall be equipped with a key operated exterior locking device or other device that, when activated, will resist unlawful entry.
11. Windows. Jalousie or louvered windows shall be protected by approved metal bars, security screens or grills. Sliding windows shall be equipped with a secondary locking device
operable from the inside without the use of separate tools or key.
12. Fixed glazing/glazing set into doors. It is recommended that fixed glazing, larger than six (6) inches in any direction, located in a door, or within
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forty-two (42) inches of the door's locking device, be of burglar resistant material, having security screening, or other auxiliary security devices.
13. Exterior identification/ numbering. All active entry and rear entry doors shall be identified with six-inch lettering, numerals or combination, in a conspicuous manner and of
diverse coloration.
14. Parking identification. Assigned parking spaces shall not be identified to coincide with room number, name or unit address.
G. Construction sites. The provisions of this subsection shall apply to any sites proposed for construction that are required to obtain commission approval.
1. Security measures at a construction site are determined after a security survey is conducted using the following procedures:
a. One (1) staging area, to store equipment and park machinery, must be fenced.
b. The staging area must be visible from an accessible roadway to allow effective police patrol.
c. Lighting must be provided to allow complete visibility to the area.
d. Padlock all storage trailers and park within staging area.
2. Items that must be discussed during a security survey with the crime prevention bureau:
a. The establishment and progressive evaluation of a security budget.
b. The proper posting of the property.
c. The proper storage and marking of machinery and tools.
d. The methods of employee identification and active site security methods.
(Ord. No. 04-018, § 2, 4-7-04)
ARTICLE II. ELECTRICAL CODE
A. The National Electrical Code, 1999 Edition, together with the 1999 Boynton Beach Amendments thereto, are hereby adopted as the uniform electrical code of the city. Electrical permit
fees shall be as provided in article I, Section 4 of this chapter.
B. The amendments to the National Electrical Code, 1996 Edition, said amendments being attached to Ordinance No. 96-40, are hereby adopted and incorporated herein, and replaces Section
90-10, in the National Electrical Code, 1996 Edition.
C. All construction regulation fees as referenced or described in this code are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained
on file in the Office of the City Clerk and shall be available, without charge, to the public.
(Ord. No. 96-40, §§ 1, 2, 4, 5, 9-4-96; Ord. No. 00-45, § 1, 9-6-00)
ARTICLE III. RESERVED
ARTICLE IV. RESERVED
ARTICLE V. ENERGY EFFICIENCY CODE
The most current edition of the Florida Energy Efficiency Code for Building Construction is hereby established as part of the building code of the city, subject to such amendments,
correction and additions as shall appear or are adopted pursuant to Section 553.901, Florida Statutes.
ARTICLE VI. RESERVED
ARTICLE VII. FLOOD DAMAGE
PREVENTION
Sec. 1. Generally.
A. Statutory authorization. The Legislature of the State of Florida has in Chapter 166 of Florida
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Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore,
the City Commission of Boynton Beach, Florida, does ordain as set out herein.
B. Finding of fact.
1. The flood hazard areas of Boynton Beach, Florida, are subject to periodic inundation which results in loss of life and property; health and safety hazards; disruption of commerce
and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base; all of which adversely affect the public health, safety
and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas
by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages.
C. Purpose. It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights
or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase erosion or flood damage; and,
5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
D. Objectives. The objectives of this article are:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood-control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
6. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood-blight areas; and,
7. To insure that potential homebuyers are notified that property is in a flood area.
E. Terms. Words or phrases used in this article shall have the meaning they have in common usage and to give this article its most reasonable application.
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 (1) to three (3) 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.
Area of special flood hazard - land in the floodplain subject to a one (1) per cent or greater chance of flooding in any given year.
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Base flood - a flood having a one (1) per cent chance of being equaled or exceeded in any given year.
Breakaway wall - a wall that is not part of the structural support of the building and is intended to collapse without causing damage to the elevated portion of the building or the
foundation system.
Coastal high hazard area - the area subject to high velocity waters caused by, but not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as zone V1-30,
VE or V.
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Flood or flooding - a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid
accumulation of runoff of surface waters from any source.
Flood hazard boundary map (FHBM) - an official map of a community issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have been
defined.
Flood insurance rate map (FIRM) - an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
Flood insurance study - the official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation
of the base flood.
Floodway - the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one (1) foot.
Functionally dependent facility - a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing. The term does not include long-term storage, manufacture, sales
or service facilities.
Mangrove stand - an assemblage of trees which contain one or more of the following species: black mangrove, red mangrove, white mangrove and buttonwood.
Mean sea level - the average elevation of the sea for all stages of the tide. The term is synonymous with national geodetic vertical datum (NGVD).
National geodetic vertical datum (NGVD) - a vertical control used for establishing varying elevations within the floodplain.
New construction - structures for which the "start of construction" commenced on or after the effective date of this article.
Sand dunes - naturally occurring accumulations of sand in ridges or mounds landward of the beach.
F. Application. This article applies to all areas of special flood hazard within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal Emergency Management
Agency in its Flood Insurance Rate Map (FIRM) 120196 0001-0005, dated September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part of this article.
G. Development permit. Required prior to the commencement of any development activities.
H. Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable
regulations.
I. Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article
and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
J. Interpretation. In the interpretation and application of this article all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
K. Warning and disclaimer. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on
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scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside
the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Boynton Beach,
Florida, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
L. Penalties for violation. Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established
in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all costs and expenses
involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Boynton Beach from taking such other
lawful action as is necessary to prevent or remedy any violation.
Sec. 2. Administration.
A. Administrator. The director of development is hereby appointed to administer and implement the provisions of this article.
B. Duties and responsibilities of the administrator. Duties of the administrator or his designee shall include, but not be limited to:
1. Review all development permits to assure that the permit requirements of this article have been satisfied.
2. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and
maintained on file with the development permit.
3. Notify adjacent communities and the state department of community affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
5. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with
paragraph C.
6. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with paragraph
C.
7. In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored
pilings or columns in order to withstand velocity waters and hurricane wave wash.
8. In coastal high hazard areas, the administrator shall obtain certification for the adequacy of breakaway walls in accordance with article VII, Section 3.B.5.h.
9. When floodproofing is utilized for a particular structure, the administrator shall obtain certification from a registered professional engineer or architect.
10. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in this article.
11. When base flood elevation data has not been provided in accordance with article VII, Section
Buildings, Housing and Construction Regulations 11
1.F, the administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions
of Section 3.
12. All records pertaining to the provisions of this article shall be maintained in the department of development and shall be open for public inspection.
C. Permitting. Application for a permit shall be made to the development department prior to any development activities. Application shall 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 to be developed; existing or proposed structures; fill; storage of materials;
drainage facilities/location. Specifically, the following information is required:
1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures.
2. Elevation in relation to mean sea level to which any non-residential structure will be floodproofed.
3. Certification by a Florida registered engineer or architect that the structure meets the floodproofing criteria in article VII, Section 3.B.2.
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
5. A flood elevation or floodproofing 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. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing
by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the development
department a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural
members of the lowest floor, whichever is applicable, 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. When floodproofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done
within the twenty-one-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The development department shall review the flood elevation
survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey
or failure to make said corrections, shall cause issuance of a stop-work order for the project.
6. A survey of mangrove trees on site.
D. Variance procedures/appeals.
1. The building board of adjustment and appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the director
of development in the enforcement or administration of this article.
a. In passing upon such appeals, the building board of adjustment and appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections
of this article, and:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The necessity to the facility of a waterfront location, where applicable.
(6) The availability of alternative
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locations, not subject to flooding or erosion damage, for the proposed use.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
(11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
b. Upon consideration of the factors listed above and the purposes of this article, the building board of adjustment and appeals may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this article.
c. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
2. The building board of adjustments and appeals shall hear and decide requests for variances from the requirements of this article.
a. Conditions for variances:
(1) 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.
b. Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance,
cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
c. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is
to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
3. Any person aggrieved by the decision of the building board of adjustment and appeals or any taxpayer may appeal such decision to the circuit court as provided in Florida law.
4. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic
Places without regard to the procedures set forth in the remainder of this section.
5. The director of development shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
Sec. 3. Provisions for Flood Hazard Reduction.
A. In General. In all areas of special flood hazard the following provisions are required:
Buildings, Housing and Construction Regulations 13
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
2. Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
3. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
4. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
5. Electrical, heating, ventilation, plumbing, air conditioning 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.
6. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
8. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
9. Any alteration, repair, reconstruction or improvements to a structure which are in compliance with the provision of this article, shall meet the requirements of "new construction"
as contained in this article.
B. Standards for areas of special flood hazard. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Article VII the following provisions
are required:
1. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above 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 VII, Section 3.B.3.
2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall have the lowest floor, including
basement, elevated to the level of the base flood elevation. Structures located in all A-zones may be floodproofed in lieu of being elevated provided that all areas of the structure
below the required elevation are watertight and 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. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification
shall be provided as set forth in Article VII, Section 2.C.3.
3. 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.
(a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
(1) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one (1) foot above grade; and
(3) Openings may be equipped
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with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
(b) Electrical, plumbing and other utility connections are prohibited below the base flood elevation;
(c) 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
(d) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
4. Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore:
(a) Prohibit encroachments including fill, new construction, substantial improvements, and other development unless certification (with supporting technical data) by a Florida registered
engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
(b) If Paragraph B.4.a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3.
(c) Prohibit the placement of any manufactured homes (mobile homes) except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may
be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined hereinbefore are met.
5. Coastal high hazard area (V zones). Located within the areas of special flood hazard established herein are areas designated as coastal high hazard areas. These areas have special
flood hazards
associated with wave wash; therefore, the following provisions shall apply:
(a) All buildings or structures shall be located landward of the reach of the mean high tide.
(b) All buildings or structures shall be elevated so that the lowest supporting member (excluding pilings or columns) is located no lower than 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.
(c) All buildings or structures shall be securely anchored on pilings or columns.
(d) 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 simultaneously
on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the hundred-year mean recurrence interval (one
{1} percent annual chance flood).
(e) A Florida registered engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in paragraph
B.5.b, c and d.
(f) No fill shall be 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 development department
shall review 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:
(1) Particle composition of fill material does not have a tendency for excessive natural compaction; and
Buildings, Housing and Construction Regulations 15
(2) Volume and distribution of fill will not cause wave deflection to adjacent properties; and
(3) Slope of fill will not cause wave run-up or ramping.
(g) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage.
(h) 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 integrity of the building on which they are to be used and provided the following design specifications
are met:
(1) No solid walls shall be allowed; and
(2) Material shall consist of wood or mesh screening only.
(i) If aesthetic lattice works or screening are utilized, such enclosed space shall not be used for human habitation.
(j) Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the development department for review.
(k) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this chapter are met.
(l) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except for lattice work or decorative screening, as provided
for in paragraph B.6.h and i.
C. Standards for areas of shallow flooding (AO
zones). Located within the areas of special flood hazard established in Section 1.F are areas designated as shallow flooding. These areas have special flood hazards associated with
base flood depths of one (1) to three (3) feet 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) Be completely floodproofed to or above that level so that any space below that level has watertight walls substantially impermeable to the passage of water; structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities completely floodproofed.
D. Standards for subdivision proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
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4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (50) lots or is larger than five (5) acres.
E. Standards for small streams. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, the following provisions apply:
1. No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank
or twenty (20) feet on each side from top of bank, whichever is greater unless certification by a Florida registered engineer is provided demonstrating that such encroachments shall
not result in any increase in flood levels during the occurrence of the base flood discharge.
2. New construction or substantial improvements of structures shall be elevated or floodproofed in accordance with elevations established in accordance with Section 2.B.11.
ARTICLE VIII. HOUSING
Sec. 1. Generally.
A. Terms. Words or phrases used in this article shall have the meaning they have in common usage and to give this article its most reasonable application.
Extermination - the control and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their
food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination method.
Garbage - animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Infestation - the presence of insects, rodents or other pests.
Occupant - Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit.
Parties in interest - all individuals, associations, partnerships, corporations and others who have interest in a dwelling or who are in possession or control thereof, as agent of the
owner, as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.
Premises - a platted or unplatted lot or parcel of land either occupied or unoccupied by any structure.
Public hall - any hall, corridor or passageway not within the exclusive control of one family.
Rubbish - all combustible and noncombustible waste except garbage.
Supplied facilities - facilities paid for, furnished or provided by, or under the control of, the owner or operator.
Temporary housing - any trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any
utility system for more than thirty (30) days. Any trailer or other structure occupied for more than thirty (30) days shall meet all requirements of this article.
Workmanlike state of maintenance and repair - in compliance with all codes and ordinances pertaining to construction of buildings and installation of utilities.
B. Reserved.
C. Purpose. The purpose of this article is to protect the public health, safety, morals and welfare of the people of the city by establishing minimum standards governing the conditions,
occupancy and maintenance of dwellings, dwelling units and premises; establishing minimum standards governing utilities, supplied facilities and other physical components and conditions
essential to make dwellings, dwelling units and premises safe, sanitary and fit for human habitation; fixing certain responsibilities and duties of owners, operators,
Buildings, Housing and Construction Regulations 17
agents and occupants of dwellings, dwelling units and premises; and authorizing and establishing procedures for the inspection of dwelling units and premises and the condemnation and
vacation of those dwellings, dwelling units and premises unfit for human habitation.
D. Scope; applicability. Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing, shall comply with the provisions of
this article, irrespective of when such building shall have been constructed, altered or repaired; and irrespective of any permits or licenses which shall have been issued for the use
or occupancy of the building or premises, for the construction or repair of building, or for the installation or repair of equipment or facilities prior to September 15, 1965.
This article establishes minimum standards but does not replace, repeal or modify standards otherwise established for construction, replacement or repair of buildings or structures
except such as are contrary to the provisions of this article, in which event the higher standard required shall prevail.
E. Conflict with other ordinances. Where a provision of this article is found to be in conflict with a provision of any zoning, building, electrical, plumbing, fire, safety or health
ordinance or any code or other regulation of the city, the provision which establishes the highest standard shall prevail.
F. Conflict of permits and licenses. All departments, officials and employees of the city who have the duty or the authority to issue permits or licenses in regard to the construction,
installation, repair, use or occupancy of dwellings and dwelling units shall conform to the provisions of this article. No permit or license shall be issued if such would be in conflict
with this article except as provided in article VIII, Section 1.E.
G. Unfit dwelling units.
1. Eligibility. Any dwelling or dwelling unit having the following defects, may be designated by the development department as unfit for human habitation:
(a) The structure lacks illumination, ventilation, sanitation, heat, inadequate or unsafe wiring or other facilities adequate to protect the health and safety of the occupants or
the public.
(b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested in such manner as to create a serious hazard to the health and safety of the occupants or
the public.
(c) The structure, because of the location, general condition, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health
and safety that it creates a serious hazard to the occupants or the public.
(d) The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this article, is unfit for human habitation.
2. Corrective action. The owner, agent or operator of any dwelling which has been designated as unfit for human habitation and vacated, shall make such dwelling safe and secure in
whatever manner the development department shall deem necessary in order to meet the standards set forth herein. Any vacant building open at the doors and windows, if unguarded, shall
be deemed dangerous to human life and a nuisance within the meaning of this provision.
H. Occupant responsibilities. The responsibilities of the occupants of all dwelling units are as follows:
1. To keep dwelling and premises he controls and occupies in a clean and sanitary condition.
2. To dispose of rubbish and garbage in a clean and sanitary manner as prescribed by city ordinances or regulations.
3. To hang and remove screens provided by the owner except where owner has agreed to supply such services.
4. To keep plumbing fixtures therein in a clean and sanitary condition and to exercise
18 Boynton Beach Code
reasonable care in the proper use and operation thereof.
5. To exterminate in the following cases:
(a) Occupant of a single dwelling is responsible for extermination of any insects, rodents or other pests therein or on premises.
(b) Occupant of a dwelling unit in a multiple unit structure is responsible for extermination of any insects, rodents or other pests, if his unit is the only unit infested.
(c) Notwithstanding the foregoing provisions of this section, whenever infestation is caused by the failure of the owner to maintain the dwelling in a ratproof or reasonably insect
proof condition, the occupant is not responsible for extermination of any insects, rodents or other pests therein.
I. Owner responsibilities. The responsibilities of the owners of all dwelling units are as follows:
1. To rent or lease no dwelling to anyone for occupancy unless it meets minimum standards set forth herein.
2. To have dwelling in clean, sanitary, habitable condition; to free from infestation before renting; to paint walls and ceilings; and to clean, repair and exterminate if needed to
meet aforesaid requirements before offering for rent.
3. To provide screens to be hung.
4. To exterminate in the following cases:
(a) When infestation exists in two (2) or more units or multiple unit structures.
(b) When infestation exists in shared or public areas of multiple unit structure.
(c) When infestation exists in single unit of multiple unit structure or in single unit structure when infestation is due to failure of the owner to maintain the dwelling in a ratproof
and reasonably insect proof condition.
Sec. 2. Minimum Standards.
A. General condition of structures.
1. All dwelling structures shall be watertight, weatherproof, rodent and insect proof and in good repair.
2. Every foundation, exterior wall and roof shall be reasonably watertight, weathertight and rodent proof, shall adequately support the building at all times and shall be in a workmanlike
state of maintenance and repair.
3. Every interior partition, wall, floor and ceiling shall be reasonably tight; capable of affording privacy; maintained in a workmanlike state of repair; and in a clean and sanitary
condition.
4. Every roof shall be so drained and every lot shall be graded and drained so as to prevent dampness in the walls, ceiling, floors or basement of every dwelling.
5. Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodent proof, and shall be maintained in a sound condition and repair.
6. Every inside and outside stairway, every porch and every appurtenance thereto shall be safe to use; capable of supporting the load that normal use may cause; and maintained in sound
condition and repair.
7. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in a sanitary working condition, free from defect, leaks and obstruction.
8. Every toilet, bathroom and kitchen floor shall be constructed and maintained so as to be reasonably impervious to water and shall be kept in a clean and sanitary condition.
9. Every facility, piece of equipment and/or utility shall be constructed and installed so that it will function safely and effectively, and shall be maintained in good working condition.
Buildings, Housing and Construction Regulations 19
B. Lighting.
1. Electric outlets. Every habitable room shall have adequate electric outlets and/or fixtures properly connected to an adequate source of electric power.
2. Light fixtures. Every bathroom, shower room, toilet room, laundry room, furnace room and public hall located in a structure used for human habitation shall have permanent electric
fixtures, installed in accordance with the requirements of the electrical code of the city.
3. Natural light in habitable rooms. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area for every habitable
room shall not be less than ten percent (10%) of the floor area of such room. If the only window is the skylight type, the minimum total window area shall not be less than fifteen percent
(15%) of the total floor area of such room except where other means of artificial lighting are approved.
4. Light in non-habitable space. Every public stair, hall, cellar and basement, located in a structure used for human habitation, shall have either adequate natural or artificial
lighting available at all times. The natural or artificial lighting available shall not be less than three (3) foot candles measured in the darkest portions of normally traveled passageways
and stairs at the floor.
C. Ventilation. Every bathroom, shower room or toilet room shall be adequately ventilated either by openable windows, the total of which shall not be less than one and one-half (1-1/2)
square feet facing open space or by other methods giving equivalent ventilation.
D. Weatherproofing, heating. Every habitable dwelling unit shall be weatherproof and in a condition to be adequately heated.
E. Basic equipment and facilities.
1. Potable water supply. Every habitable dwelling unit shall be supplied with potable water
approved by the Palm Beach County Health Department.
2. Plumbing fixtures. In every habitable dwelling unit all plumbing fixtures shall be properly installed; properly connected in accordance with the city plumbing code to the water
supply and sewer system; properly maintained; and in good working order.
3. Supplied facilities. Every habitable dwelling unit shall contain a sink, tub or shower, lavatory and toilet.
F. Space requirements.
1. Sleeping rooms. Every sleeping room for one occupant shall have seventy (70) square feet of floor space or fifty (50) square feet of floor space per occupant, whichever is greater.
2. Size of dwelling unit. The total of all habitable rooms in a dwelling unit shall be such as to provide at lease one hundred and fifty (150) square feet of floor space for the first
occupant and one hundred (100) square feet of floor space per additional occupant, except every dwelling unit shall contain a greater area if required by the city building or zoning
code.
3. Minimum height of habitable rooms. Every habitable room shall be not less than seven (7) feet in height from the floor to the ceiling throughout one-half of the area of such room.
Any portion of room having a ceiling height of less than five (5) feet shall not be considered in computing the total floor area for such room.
G. Egress. Every habitable dwelling unit shall be provided with safe and unobstructed exits to reduce danger in case of emergency.
H. Infestation.
1. Every door, window or other device opening directly from a dwelling unit to outdoor space shall be equipped with screens.
2. Every basement or cellar window or other opening to a basement shall be permanently
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equipped with screens or such other device as will effectively prevent the entrance of rodents.
3. There shall be no standing pools of water which might provide a breeding place for mosquitoes.
4. Dwellings should be free from rodents and other vermin at all times.
Sec. 3. Local Housing Assistance Program.
A. The "WHEREAS" clauses of Ordinance No. 097-11 are hereby ratified and confirmed as being true and correct and are hereby made a special part of this section.
B. Definitions. For the purposes of this section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter "the Act," Sections 420.907 et seq., Florida
Statutes, and Chapter 9I-37 of the Florida Administrative Code, as amended from time to time, are adopted herein by reference.
C. Legislative intent. The purpose of this chapter is to implement the Act; including, without the limitation, the following:
1. To increase the availability of affordable housing by combining local resources and cost saving measures, as applicable, and by using private and public resources to reduce the
cost of housing;
2. To promote more compact urban development, and to assist in achieving the growth management goals contained in the adopted local comprehensive plan by allowing more efficient use
of land so as to provide housing units that are more affordable;
3. To establish a strong sense of community through increased social and economic integration;
4. To build the organizational and technical capacity of community-based organizations
so as to optimize the role of community-based organizations in the production of affordable housing;
5. To promote innovative design of eligible housing, and its supporting infrastructure, to provide for cost savings in the provision of such housing; and
6. To promote expedited permit processing systems for affordable housing.
D. Establishment of Local Housing Assistance Program.
1. There is hereby created and established a local housing assistance program ("Program") by the City of Boynton Beach, to be implemented and administered by the City.
2. The City shall implement the Program, within the City, consistently with the requirements of the Act.
3. The City's Community Redevelopment Department shall be responsible for administration of the local assistance program.
E. Special provisions. The City hereby indicates that five (5%) percent of the funding to be used for administration of the program is insufficient, and therefore elects to utilize
ten (10%) percent of the funding for administration purposes.
F. Establishment of Affordable Housing Assistance Trust Fund.
1. Pursuant to the requirements of the Act, the City agrees to establish an affordable housing trust fund ("Fund") within the official and fiscal accounting records of the City. All
monies deposited in the fund shall be subject to the requirements of the Act and this section.
2. The City shall cause the Fund to be audited, and shall report the results of such audit as required by the Act.
G. Creation of Citizens Advisory Committee. This section shall cause the creation of a Citizens Advisory Committee to act in the role of the
1997 S-6
Buildings, Housing and Construction Regulations 21
Affordable Housing Advisory Committee, as required by the Act. The composition and function of the Committee shall be in accordance with the requirements of the Act.
H. Adoption of the Affordable Housing Incentive Plan. The City will, within one (1) year of adoption of Ordinance No. 97-11, adopt a Housing Incentive Plan as required by Florida Statutes.
(Ord. No. 97-11, §§ 1-8, 5-6-97; Ord. No. 97-21, § 1, 6-17-97)
ARTICLE IX. SWIMMING POOLS AND SPAS
The swimming pool and spa code establishing basic criteria for the design and construction of swimming pools and spas within the city was adopted and established as the swimming pool
and spa regulations of the city on September 4, 1996, and is on file as Ordinance No. 96-39 in the office of the city clerk and the office of the director of development.
(Ord. No. 96-39, § 1, 9-4-96; Ord. No. 96-60, § 3, 1-21-97)
ARTICLE X. WORKFORCE
HOUSING PROGRAM
Sec. 1. Findings.
A. The City Commission having conducted a housing needs assessment has determined that there is a housing shortage within the city that is affordable to the everyday working families
and citizens of the city.
B. Florida Statutes § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using
land use mechanisms not withstanding any other provision of law.
C. The City Commission recognizes that there is a growing gap between housing costs and wages in the city.
D. The city has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate
income persons in the city.
E. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people
can live and work in the same area.
F. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land
hinder the provision of sufficient workforce dwelling units by the private sector.
(Ord. No. 07-007, § 2, 4-3-07)
Sec. 2. Definitions.
A. Median Household Income (MHI). The Palm Beach County Median Household Income, adjusted for family size, as published by the Department of Housing and Urban Development (HUD).
B. Affordability controls. Restrictions placed on workforce housing units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order
to ensure that the units remain affordable to low and moderate income households.
C. Affordability term. The time a workforce housing unit is required to remain affordable to income qualified buyers or renters.
D. Boynton Beach Housing Trust. A trust created as a depository for in-lieu of payments, donated land, or housing units for the purpose of providing workforce housing units.
E. City. The City of Boynton Beach, Florida.
F. Deed restriction. Each workforce housing unit created under the program shall be deed restricted
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for thirty (30) years. The deed restriction shall serve to restrict the sales or rental price and/or the income of the purchaser or renter.
G. Development. A development at one (1) location which includes at least ten (10) residential units for which site plan approval has been granted.
H. Eligible occupant. A person who qualifies for participation in the program whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD Priority
will be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (1) year immediately prior to the date of application for a workforce housing
unit.
I. First time home buyer. A person who has not held ownership in a residence within the past three (3) years.
J. Income qualified household. A household whose income is verified to be either low income or moderate income.
K. Low income household. A household with a gross, combined income below eighty percent (80%) of the Palm Beach County Annual Median Household Income as defined by HUD.
L. Moderate income household. A household with a gross, combined income between eighty percent (80%) and 120% of the Palm Beach County Median Household Income (as defined by the Florida
Housing Finance Corporation).
M. Restrictive covenant and agreement. The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the Workforce
Housing Program. The term of the restrictive covenant and agreement is thirty (30) years.
N. Workforce housing unit. A dwelling to be sold or leased to an individual or family that is income qualified in which the rent or mortgage payments (including principal, interest,
taxes, insurance and homeowner association fees) does not exceed thirty-five percent (35%) of the gross income of households
that are classified as low or moderate income households.
(Ord. No. 07-007, § 2, 4-3-07)
Sec. 3. Applicability.
Except as otherwise provided in this article, these regulations shall apply to development applications consistent with the following conditions:
A. A development that has not been the subject of a previous development order;
B. A major modification of an approved development site plan;
C. Developments with a residential component for which any Mixed Use land use designation and a corresponding Mixed Use zoning category is applied; and
D. Developments that have been previously approved for a change in land use to either Mixed-Use, Mixed-Use Core or Special High Density Residential and whose site plan has expired and/or
are requesting a site plan time extension.
(Ord. No. 07-007, § 2, 4-3-07)
Sec. 4. Provision of workforce housing units.
Developers may be entitled the requested higher density land use and zoning category if providing workforce housing units as stated below, subject to the limits and requirements of
this chapter.
A. To be eligible for the requested higher density land use, the following percentage of workforce housing units must be incorporated into the development:
1. Special High Density Residential – Twenty percent (20%) of the total number of proposed residential units in the development shall be designated as workforce housing units.
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2. Mixed-Use - Fifteen percent (15%) of the total number of proposed residential units in the development shall be designated as workforce housing units.
3. Mixed Use Core – Ten percent (10%) of the total number of proposed residential units in the development shall be designated as workforce housing units.
TABLE 1
LAND USE CLASSIFICATION
ZONING DISTRICTS
MAXIMUM DENSITY
Special High Residential (SHR)
PUD
IPUD
20 dwelling units/acre
20 dwelling units/acre
Mixed Use-Core (MXC)
Mixed Use-High
80 dwelling units/acre
Mixed Use (MX)
Mixed Use Low-1
Mixed Use Low-2
Mixed Use Low-3
20 dwelling units/acre
30 dwelling units/acre
40 dwelling units/acre
B. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing
units shall be set aside for moderate income households.
C. If the required number of workforce housing units results in a fractional remainder greater than .50, the number shall be rounded up. If the required number of workforce housing
units results in a fractional number less than .50, the number shall be rounded down.
D. Workforce housing units shall have the same percentage of unit types as market rate units within the development particularly with regard to the number of bedrooms.
E. All units shall meet the requirements for unit size and construction as specified in this chapter and meet all required Land Development Regulations and applicable building codes.
F. At the time of application for land use classification amendment and rezoning category change the project must be reviewed and signed off by the Community Improvement Division of
the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce.
G. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total
number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data.
H. Workforce housing units shall include those units in a development, which are regulated in terms of:
1. Initial sales price or rent levels; and
2. Subsequent resale prices or leasing rates.
I. If compliance with a land development standard would preclude construction of a residential or mixed-use development in which workforce housing units are included, pursuant to this
chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is
necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards.
J. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be
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recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be thirty (30) years. A copy of the recorded covenant and agreement shall be provided
to the city prior to the issuance of the building permit.
(Ord. No. 07-007, § 2, 4-3-07)
Sec. 5. Off-site options.
A. Developers are required to include workforce housing units in any development in which Special High Density Residential, Mixed-Use or Mixed-Use Core land use is requested. However,
in the case of developments in which eighty percent (80%) of the residential unit sales prices will exceed $500,000, paying a fee in lieu of creating the workforce housing units on site
donating land, purchasing and donating market rate units or building off site for the required number of workforce housing units may be permitted at the recommendation of the Community
Improvement Department.
B. In any case where off-site options are permitted, twenty–five percent (25%) of the total required workforce housing units shall be built on-site of the subject development.
C. Off-site options are not applicable to rental developments. All required workforce housing units must be constructed within the subject development.
1. Payment in-lieu. Contribute the per unit price listed in Table 1 below to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the
city. In-lieu of fees shall be paid in full prior to the issuance of a building permit.
TABLE 2
PAYMENT IN LIEU FOR CREATING
REQUIRED WORKFORCE HOUSING UNITS
(per unit required)
One Bedroom $60,000
Two Bedroom $80,000
Three+ Bedroom $100,000
2. Donate land (buildable residential parcels) within the city limits to be used for workforce
housing. The value of the land shall equal or exceed the total "in lieu of" fee for all required workforce units or shall be of sufficient size to develop the same number of required
units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify
the value of donated land. The land shall be deeded to the city prior to the issuance of a final Certificate of Occupancy for the development.
3. Off-site construction. The required workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of this article. Building
permits shall be issued for a minimum of fifty percent (50%) of the required workforce housing units to be constructed off-site prior to the issuance of the first Certificate of Occupancy
in the subject development. All off-site workforce housing units must receive a Certificate of Occupancy prior to the issuance of more than seventy-five percent (75%) of the Certificate
of Occupancies in the subject development.
4. Purchase market rate units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted
to comply with this article. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. A minimum of fifty percent (50%) of the
units must be purchased and deeded to the city or deed restricted prior to the issuance of the first Certificate of Occupancy in the subject development. All workforce housing units
shall be purchased and deeded to the city or deed restricted prior to issuance of more than seventy-five percent (75%) of the Certificate of Occupancies in the subject development.
(Ord. No. 07-007, § 2, 4-3-07)
Sec. 6. Rental housing units.
A. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce
housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the
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recorded restrictive covenant. The restrictive covenant shall remain in force for thirty (30) years.
B. Units targeted to low income households at fifty percent (50%) to the eighty percent (80%) of the Palm Beach County median income, adjusted for family size shall not have rental
rates that exceed 100% of the HUD determined fair market rent for the area.
C. Units targeted to moderate income households at eighty percent (80%) to the 120% of the Palm Beach County median income, adjusted for family size, shall not exceed 100% of the HUD
determined fair market rent for the area.
D. Tenant income qualification records shall be maintained on site and a yearly report shall be forwarded to the Community Improvement Division of the city for compliance determination.
(Ord. No. 07-007, § 2, 4-3-07)
Sec. 7. For sale housing units.
A. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject
to Article X, Chapter 20 of the Land Development Regulations of the city. The restrictive covenant shall remain in force for thirty (30) years. The form of deed for workforce housing
units shall be approved by the City Attorney.
B. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements.
1. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice
that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the unit(s).
2. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range.
C. Purchasers of workforce housing units shall be required to occupy the unit.
D. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by
the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged
by the city/CRA, or their designee.
E. Sales prices for workforce housing units will be calculated on the basis of:
1. An available fixed-rate thirty (30)-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be
used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30)-year mortgage at this lower rate for all workforce housing units
required for the covered project;
2. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; and
3. A calculation of property taxes; and
4. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs.
F. Compliance. Prior to request for final Certificate of Occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation
sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification
documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form.
(Ord. No. 07-007, § 2, 4-3-07)
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Sec. 8. Resale requirements.
To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions
shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County:
A. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than
market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.
B. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain
comparable HVAC systems as market rate units.
C. The developer shall provide workforce housing units that include unit types in the same proportion as the market rate housing units.
1. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of workforce housing units of each type to total workforce
housing units must be approximately the same as the proportion of market rate units of each type to total market rate units.
2. If the development includes both for sale and for rent units, the proportion of for rent workforce housing units to for sale workforce housing units must not exceed the proportion
of for rent market rate units to for sale market rate units.
3. The number of bedrooms per unit must be proportionate between workforce and market rate units.
D. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units.
E. There shall be no lot premiums charged on the workforce housing units.
F. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges.
G. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city.
(Ord. No. 07-007, § 2, 4-3-07)
Sec. 9. Monitoring and compliance.
A. Final approval conditions. Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed 120% of median household income
for Palm Beach County as set by HUD. The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices,
as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions.
B. At the time of request for final Certificate of Occupancy for the development, if the workforce housing units have not been sold to income qualified persons, the developer shall
deposit in the form of a surety bond, the amount equal to 110% of the applicable "in lieu of" fee to the city's Housing Trust Fund. Upon verification that the required number of workforce
housing units have been sold to income qualified persons, the surety will be released.
C. The city may enforce the requirements of this article through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive
relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant.
D. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of this article, including but not limited to the number of units
created, leased and sold.
(Ord. No. 07-007, § 2, 4-3-07)
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Buildings, Housing and Construction Regulations 27
ARTICLE XI. RESERVED
ARTICLE XII. RESERVED
ARTICLE XIII. HISTORIC PRESERVATION
Sec. 1. Generally.
It is the intent of the city to encourage the preservation of historically significant buildings within its corporate limits. All historic buildings other than single family and duplex
dwellings shall be reviewed for historical significance in all development and construction proposals presented to the city. Preservation of such buildings will be required unless it
can be established by the applicant that preservation significantly interferes with the reasonable use of the property.
(Ord. No. 96-60, § 4, 1-21-97)
Sec. 2. Waiver of technical requirements.
The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory
for existing buildings or structures identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the director of
development to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving
of buildings within fire districts.
(Ord. No. 96-60, § 2, 1-21-97)
Sec. 3. Design conformance.
Additions and/or modifications to historical buildings shall conform to the architectural style of the original building.
(Ord. No. 96-60, § 2, 1-21-97)
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