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13-013 1 1 ORDINANCE NO. 13 -013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND 1 DEVELOPMENT REGULATIONS TO CREATE TRANSIT ORIENTED DEVELOPMENT PROVISIONS AND MINIMUM STANDARDS WITHIN THE MIXED -USE ZONING DISTRICT 1 REGULATIONS; AMENDING APPLICABILITY OF FLOOD ELEVATION AND FREEBOARD STANDARDS; AMENDING 1 PARKING REQUIREMENTS IN SUPPORT OF ADAPTIVE Ill REUSE PROJECTS; PROVIDING FOR CONFLICTS, 1 I. SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. I 1 'ili i WHEREAS, staff is proposing amendment to the Land Development Regulations 1 C (LDR) to add provisions that includes the initial introduction of transit- oriented 1 i development (TOD) provisions and minimum standards, a modification of the flood 1 .. prevention standards to limit applicability of the higher finished floor elevation to only 1:' new construction, and expansion of the parking provisions intended to benefit adaptive 21 reuse ro'ects to areas along US -1 and Boynton Beach Boulevard that have been p J g Y 2 applicable to Ocean Avenue; and 2r WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 2 the best interest of the citizens and residents of the City to amend the Land Development 24 Regulations as proposed to encourage compact, Transit Oriented Development and 2. adaptive reuse of buildings downtown; promote both residential and non - residential 2. expansion through reasonable application of the finished floor elevation regulations; 2 promote business /economic development and simplify regulations thereby making the 2: code more user - friendly. 2: NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 30 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing whereas clauses are true and correct and are now 1 ratified and confirmed by the City Commission. 2 Section 2. The City of Boynton Beach Code of Ordinances, Part III, Land 3 Development Regulations, is hereby amended by adding the words and figures in 4 underlined type and deleting the words struck through in the attached Exhibit `•A" 5 Section 3. Should any section or provision of this Ordinance or any portion 6 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 7 not affect the remainder of this Ordinance. 8 Section 4. Authority is hereby given to codify this Ordinance. 9 Section 5. This Ordinance shall become effective immediately. 10 FIRST READING this 21 day of May, 2013. 11 SECOND, FINAL READING AND PASSAGE this day of ' un G , 12 2013. 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 / • 16 ''yor —Je' Ta ,.r 19 - I a • — Woodrow L. Hay 2 2] 22 Commi sioner 4 g avid T. erker 23 � • 2.4 ��l 25 i mmissi • er — ► d • hael M..' rtzpatrick 26 , 27 kik 4 4 28 Co' missioner — Joe Casello 29 ATTEST: 30 31 32 a a I • • L� ... • 33 t ' . MMC 34 << >(\ J OA■ 35 36 TO ��� EXHIBIT "A" PROPOSED LDR AMENDMENTS 1. Transit Oriented Development (TOD) Provisions and Minimum Standards Part III. Land Development Regulations, Part 1, Art. II. Definitions COMPACT DEVELOPMENT — A development or development pattern consisting of a varied mix of land uses. including but not limited to residential, commercial. office, and public /civic spaces. The central characteristic of compact development is discouraging urban sprawl and reducing the number of vehicular miles traveled by accommodating living, employment, shopping, entertainment, recreation, and outdoor gathering areas, all of which are located within walking distance of each other. Typical design elements include minimal building setbacks, wide pedestrian areas and public spaces, a grid pattern street network with short and interconnected block and alley lengths, and innovative /flexible approaches to off - street parking requirements. Emphasis is placed on the proximity and access of a subject development to public transit and alternate modes of transportation, with priority given to creating safe and pleasant pedestrian /bicycle circulation patterns and linkages. STATION AREA — A geographic area established for planning and regulatory purposes. and which is characterized by "Compact Development" within a one - half mile radius around a transit station. Within the framework of TOD and transit station planning. this area includes the "Transit Core." See TRANSIT CORE. TRANSIT- ORIENTED DEVELOPMENT (TOD) — A component of "Compact Development "' characterized by moderate to high intensity and density, mixed use development within one -half mile of a transit stop or station designed to maximize walking traps and access to transit and the various uses within the area devoted to "Compact Development'. TRANSIT CORE — The first one - quarter mile radius, or approximately 125 acres around a transit station characterized by the most intense /dense development and urban design that promotes efficient and pleasurable pedestrian routes to the transit station and to surrounding resources and nearby destinations. Part III. Land Development Regulations, Chapter 3, Art. III. Zoning Districts and Overlay Zones Section 5. Mixed -Use (Urban) Districts. A. General. 1. Purpose and Intent. The Mixed -Use (urban) zoning districts are intended to implement the Community Redevelopment EXHIBIT "A" Plans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each planning area, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. These districts are also intended to support transit ridership and in particular, the development of transit - oriented developments near planned passenger train stations along the FEC Railroad corridor, such as the designated location along Northeast 4 Street, between Boynton Beach Boulevard and Ocean Avenue. Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the Transit Core, which is defined as the area extending one- quarter (1 /4) mile from the train station (see Map # to be determined). To ensure compliance with these regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a Mixed -Use (urban) district. Also see Chapter 4, Article II1. Section 6.H for design and compatibility standards, as well as the Urban Design Guidelines for Development within the Boynton Beach Community Redevelopment Area (Urban Design Guidelines). The objectives of the Mixed -Use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit - supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and ... .. ' . - .. . . , . design of pedestrian - friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development - ' • - - . • - - . - . ; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how EXHIBIT "A" well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use -Low Intensity 1 (MU -L1). The MU -L1 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 20 dwelling units per acre, and a minimum density of 1 I dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU LI district pursuant to the "Locational Requirements for Maximum Height, Density, and Floor Area Ratio" table in Section 5.0 below (Building an. -. - ' . • - - . b. Mixed Use -Low Intensity 2 (MU -L2). The MU -L2 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 30 dwelling units per acre,- and a minimum density of 20 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU L2 district Height, Density. and Floor Ar a Ratio" table in Section 5.0 c. Mixed Use -Low Intensity 3 (MU -L3). The MU -L3 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 40 dwelling units per acre.- and a minimum density of 30 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A pursuant to the "Locational Rcqui •• - - . EXHIBIT "A" Height, Density. and Floor Ar a Ratio "" table in Section 5.0 below (Building and Site Regulations). d. Mixed Use -High Intensity (MU -H). The MU -H district implements the Mixed Use -Core (MX -C) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 80 dwelling unit per acre.. and a minimum density of 40 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU L l H district pursuant to the "Locational Requirements for Maximum ... _ " . • :.' . _ . . -- ' . . The intent of this district is to supplant the Central Business District (CBD) in the historic downtown and marina district. 3. Location and Mixed General Use Design—Standards Requirements. a. General. The Mixed Use (urban) districts are intended for projects that optimum when there are opportunitics to promote sustainable design sustainability with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I -95, where a mixture of uses and building densities intensities is intended to implement to carry out elements of the City's Comprehensive Plan, redevelopment plans, and Urban Design Guidelines including goals involving compact design. transit - oriented development, employment, population, transportation, housing. public facilities, and environmental quality. Regulations for the planning ar s ...... - .- .. _ .. - - : Use Low Intensity 1 (MU LI), Mixed Use Low Intensity 2 EXHIBIT "A" 1 , , , Mi r se High Intensity (MU H). Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and its relationship to the downtown. Maximum heights, densities, and intensities of development are regulated according to the classification of the roadway that abuts the project thge, and based on of the property, a4 proximity to the transit core and existing single - family zoning districts. A master plan as a whole. comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component shall be rep iewed for contribution to employment targets in accordance with FDOT standards for a Community Center TOD. b. All Mixed Use -Low Intensity Districts. Mixed Use -Low Intensity 1 (MU -L1), Mixed Use -Low Intensity 2 (MU -L2), and Mixed Use -Low Intensity 3 (MU -L3). (1) In order to complement the revitalization efforts in the downtown area, the MU -L Zoning Districts shall only be applied to lands consistent with the Comprehensive Plan and respective redevelopment plans peripheral to the downtown area and classified as Mixed Use (MX) on the Future Land Use Map. Such areas are generally described as Woolbright Road between I -95 and the FEC Railroad, Boynton Beach Boulevard between 1 -95 and Northwest 1 s ` Street, Martin Luther King Jr. Boulevard, Southeast 4 Street south to Southeast 5 Avenue, and Ocean Avenue between Southeast 4 111 Street and Southeast 1' Street. See the respective redevelopment plan for specific recommendations on locations and boundaries. (2) The MU -L Districts are appropriate for low - to mid -rise developments that provide for medium density residential uses and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design EXHIBIT "A" quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3 -21, all All new developments within the this MU -L1 and MU- L2 districts that contain a non - residential use mix of uses shall front on streets designated as "arterial ", or "collector ", or "local collector" roadways on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and /or residential uses, which may be arranged either vertically or horizontally. All projects within the MU -L3 District and proposed within the TRANSIT CORE must contain a residential component, and all projects proposed within the Mixed Use -Low Intensity Districts that front on an arterial road must have space on the first floor devoted to commercial use. (5) Maximum height Height restnetions and densities may be further limited in certain geographic areas to further applicable redevelopment plans and maintains compatibility with an abutting single - family district. c. Mixed Use -High Intensity (MU -H). (1) The Mixed -Use High Intensity (MU -H) district shall only be applied to lands classified as Mixed Use -Core (MX -C) on the Future Land Use Map. (2) The MU -H district is appropnate for high density /intensity development intended for the downtown area, which is generally located east of the FEC Railroad, including the Marina District, and which extends out from the planned train station by approximately three (3) to 4 blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the entire Station area must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. The MU H district is appropriate for developments that provide EXHIBIT "A" for high density residential in addition to retail commercial and office uses. (3) All new developments within this district shall front on streets designated as "arterial" Of "collector" roadways on the Functional Classification of Roadways Map and shall contain a arranged either vertically or horizontally. Single or "collector' shall require conditional use approval. d. Rezoning of Single - Family Districts. All requests to rezone any single - family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on the roadway frontage; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single - family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single - family residential zoning. B. Use(s) Allowed. See "Use Matrix, Table 3 -28 in Chapter 3, Article IV, Section 3.D. ... . -, - - . . _ . _ . . apply with respect to mixed use developments: . - •. :.• . . .. .. . - - • . and nonresidential uscs are required within the MU H Zoning - - - . - - - - g en arterial roadways. The same districts. 2. Residential Uses. Residential - • - • -- . . - structures shall not be loc. . - - - - :.. . - - " . . EXHIBIT "A" 3. Compatibility. Mixcd use projects containing residential componcnts shall includc appropriate design, matcnals, and site layout in ordcr to maximize compatibility with residcntial s - 3.H for additional community design standards regarding compatibility, EXHIBIT "A" C. Building and Site Regulations. 1. Building and Site Regulation (Table 3 -21). MIXED USE, URBAN I MU -LI MU -L2 MU -L3 MU -H Lot Area, Minimum (acres): - ' Public park N/A N/A N/A N/A _ All other uses 0 50 0 75 1 1 _ Lot Frontage, Minimum (feet): 100' 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): — Maximum Building / Structure Height (HT), Density (DU), and Floor- Area -Ratio (FAR): Classification of project frontage - - on type of roadway: HT DU' FAR HT` DU' " FAR' HT` DU FAR HT` `' DU FAR 3 0,/ 150/ Arterial 45 20 1 0 ��, 30/40 2 0/2 5 100' 40 3 5 '� 125 80 u 4 0 Collector 45 20 1 0 65 30/40 2 0/2.5 ma nia n a nia n;a n local collectoi 45 20 a-0 45 3040 2 0'2 5 55 30 3-0 4-4 60 3-5 Local Sheet 45 20 1 0 45 30/40 2 0/2 5 n/a nia n/a nia n/a n/a Build -to -line (feet)'': t l Front abutting a public right -of -way X O 0 "' Ol d Rear 0 0 0 0 Interior side 0 0 0 0 Building Setbacks, Minimum ; r . , x;(' � 1401:-,, ,, ; _ ' (feet) '': fil „)�r., , ' � Rear abutttn g 12 x -r'* }i, - ', 1 ,. , �. -r, ,1'� A t •4 r l F, e- fi:; Residential single family 25 0" 25' 25' 25' Intracoastal waterway 25 25 0' 0 Side abutting , ," , , � 0+ i w r," . ' Residential single family 25 0' e 25' 25' 25' Usable Open Space, Minimum (square feet): 2% 1 May be seduced if frontage extends fiom right -of -way to right-of-way 2 Minimum of 50 feet, if frontage is on a collectoi /local collector roadway 3 For property abutting the MU -H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU -H zoning district line and shall requite conditional use approval Foi properties abutting the MU -H district located east of US 1, the area of increase foi height shall extend a distance of 100 feet from the MU -H zoning district line and shall iequire conditional use approval, however, no increases in density and FAR are allowed Must also have principal frontage on Arterial roadway 4 Must also have frontage on local collector or higher i oadway classification 5 Max ht on any street frontage is 40 45 feet Max ht on Intracoastal Waterway is 35 feet Heights may requit reduction where adjacent to a single - family zoning district where necessary to achieve the compatibility requirements of these regulations 6 Max ht reduced to 125 feet for entire project whet e property abuts any MU -L or residential zoning district not separated by a light-of-way 7 Plus one additional foot fin each foot of height over 35 feet 8 Where there is an intervening right -of -way of at least 40 feet 9 Subject to permitting agency approval 10 Buildings and structures shall be located no father than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic particulaily within the triangular- shaped area of property formed by the intersection of two (2) rights-of-way See Section 5 C 2 below for additional relief provisions from build -to -line requirements 11 Listed eligible Histonc structures ale not required to meet these standards 12 The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5 C 3 below 13 Usable open space shall be requited foi all developments two (2) acres in size or larger A minimum of two percent (2 %) of the site shall be devoted to usable open space, consisting of plazas 01 public open space, excluding piivate recreation See Ch 4, An 111, Sect 8 for additional regulations 14 Project, within the Transit Cole shall base minimum densities as lollow', MU -I - I I, MU -2 - 20, MU -3 - 30 and MU-I _ 40 dwellings per acre 44 .ept that minimum density for the MU -H District applies to protects located within the entire Station Areal 15 Piojects within the Tiansit Core shall have a minimum F A R ds follows Mt / -L3 - 175 and MU -H - 2 5Jexce t that minimum F A R for the MU -H Distncplies to piojects to he located within the ensue Station Area) EXHIBIT "A" 2. Minor and Major Variations to Build -to Line Requirements. Notwithstanding the required build - to line requirement of Note #10 above, portions of buildings and structures may be constructed in excess of the distance specified in the above table, but not to exceed 15 feet in order to 1) optimize landscape design; 2) maximize on -site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas in order to further the purpose and intent of the Overlay Zone. Major deviations from the build -to line requirement above (in excess of 15 feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.B). 3. Additional Standards. See Chapter 4, Article III, Section 6.H for additional standards related to urban design and building location for properties located within the Transit Core of a Station Area. Sky Exposure Plane. (1) No building +hall exceed the maximum height limits or the Sky Exposure Plan except as delin ated below in Section (3) (2) All buildings abutting a public right of way or peripheral to the development shall be built within the Sky Exposure Plane based on the ratio and street classification as follows, A , te .4 t l Gene Oth St f rage -wall Street peripheral Vertical Horizontal Vertical fl ental Distance Distance Distance Distance MUH 40 57to1 11'ltol MU L3 '10' '1 to 1 R to 1 MUL 2 '10' 3 to 1 6 to 1 MUL1 3S 1 tol 2tol EXHIBIT "A" ADJACENT TO STREET REAR AND SIDE I '4: i. ,- , - , , t4 4 b 4111 411 f -'-,,.- '''' ,,', 1 a bh - Base helUM at street level a - Horizontal distance a HodioMaldktaere Vertical distance v - Vertical distance s - Setback s Setback maximum height limits and Sky Exposure Plane requirements (a) Balcon(a) Balconies. unenclosed, (b) Elevator or stair bunch ds, screened HVAC equipment. (c) — Ornamental towers having no floor area in any Plane. Part III. LDR, Chapter 4, Art. III, Section 6. Section 6. Design Standards for Development in Urban Areas. A. General... B. Building Location Ste. 1. General. The revitalization of urban places depends on safety and security, with building /street design having a symbiotic relationship. The location of a building and its proximity /interaction with the public realm is paramount when trying to create urban areas that have a "sense of place" that is consistent with smart growth principles and neo- traditional planning efforts. Development must adequately accommodate automobiles, but in ways that respect pedestrians and the forms of public space and gathering areas. EXHIBIT "A" 2. Standards. a. Each building shall meet the build -to line and reduced setback areas of the respective zoning district or Overlay Zone, whichever is applicable. The location of off - street parking areas is strongly discouraged between buildings and rights -of -way. However, in certain instances, this type of design may be impractical, and strict adherence may deter incremental improvements or upgrades to individual properties, which therefore, perpetuates the blighted conditions of the redevelopment areas. In these circumstances, deviations from the build -to line and reduced setback area requirements may be allowed, but only contingent the submittal of a Community Design Appeal application that satisfactorily addresses the evaluation criteria and when such application is approved by the City Commission. b. Within mixed -use and non - residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street frontage, notwithstanding adjustments for cross - visibility, and open areas devoted to public gathering or pedestrian circulation . . - . - -- - . : . . driveways needed to acccss the rear of the property. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments. Also see Chapter 4, Article II, Section 4.B.5 for additional streetscape design requirements. c. For properties fronting on arterial and collector roadways within the Station Area, building location and design shall contribute to a " streetwall" of pedestrian scale. so as to prevent any interruptions to building massing, except in limited circumstances to promote project functionality as determined by the Director of Planning & Zoning. Interruptions in the streetwall shall be limited to those necessary to accommodate pedestrian pass- throughs, public plazas, entry forecourts, and permitted vehicular access driveways when access is not available from a Local street. C. Shade and Shelter Standards. EXHIBIT "A" 1. General. This region's climate requires shade and shelter amenities in order to accommodate and promote pedestrian activity. These amenities will provide greater connectivity between sites and allow for a more continuous and walkable network of buildings. 2. Standards. A shaded sidewalk shall be provided alongside at least 50% of all building frontages adjacent to or facing an arterial or collector roadway or adjacent off - street parking area. When abutting off - street parking areas, the shaded sidewalk shall be raised above the level of the parking by way of a defined edge. Ramps for wheelchairs alongside the building must also be shaded. Building entrances shall be located under a shade device such as an awning or portico. D. Standards for Windows. Windows shall be located at pedestrian scale. E. Compatibility Standards. Proposed projects should compliment existing or approved adjacent mixed use projects in terms of height, color, style massing, and materials. F. Off - Street Parking Area Standards. 1. Types of Off - Street Parking Facilities. The four (4) types of off - street parking facilities regulated herein are as follows: Surface parking, understory parking, freestanding parking garages, and integrated parking garages. They are generally described as follows: a. Surface Parking. A parking area where there is no gross building area below or above the parking stalls, except for ancillary structures such as shade canopies or similar structures. b. Understory Parking Garage. An off - street parking area located below gross building area. Parking stalls are typically located on or below ground level. c. Freestanding Parking Garage. An off - street parking area located within a structure with two (2) or more levels, where the parking structure is the principal use of the building. Freestanding parking garages may include EXHIBIT "A" accessory habitable or non - habitable building areas located at ground level. d. Integrated Parking Garage. An off - street parking area located within a structure with two (2) or more levels, where the parking structure is the accessory use of the premises. Integrated parking garages are located within mixed -use developments and habitable gross building area is wrapped around the facility on all levels. 2. Standards for Mixed Use (Urban) Districts and Central Business District (CBD). This subsection shall be applicable to all new projects and major modifications to existing developments. Within "Urban Mixed -Use" districts, off - street parking areas shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific setback for a garage for a residential dwelling unit. The intent of these regulations is to emphasize buildings and pedestrian features within the streetscape and minimize the visual impacts of parking facilities. Where possible, parking areas should be located to the rear of a project. Also where possible, access to parking areas shall be from side streets, in order to minimize driveways and vehicular / pedestrian conflicts. The following standards shall apply to all properties located within Urban Mixed -Use districts as described in Section 6.B.2.a.(2) above: a. Surface Parking. Within the "Mixed -Use (Urban)" districts, surface parking should not be visible from an arterial or collector roadway. Structured parking is preferred for all mixed -use development. b. Understory Parking Garage. Understory parking (on the first floor of a structure) is allowed throughout all "Mixed -Use (Urban)" districts. c. Freestanding Parking Garages. Freestanding parking garages are allowed within the "Mixed -Use (Urban)" districts provided that they do not have frontage on any arterial or collector roadway. The height of the freestanding parking garage may not exceed 75 feet in the MU -H district. All parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in subparagraph "d " below. EXHIBIT "A" d. Integrated Garages. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within every "Mixed -Use (Urban)" district. Habitable floor area must wrap all upper - levels of the parking structure where the structure has frontage along a public right -of- way or is abutting a single - family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet, so as to disguise the garage and create continuity in street - level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining fa9ade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and / or other architecturally articulated facade features in order to soften its impact. 3. Standards for the "Overlay Zones" and Boynton Beach Boulevard. The purpose and intent of this subsection is to prevent the placement of off - street parking areas between the front of the building and the rights -of -way, particularly in areas where build -to line and reduced setback areas are applicable. Within redevelopment areas, the location of off - street parking areas is strongly discouraged between building and rights -of -way. However, when a project is proposed in such a manner that building location(s) would deviate from respective build -to line and reduced setback area requirements, resulting in a design that is contrary to the purpose and intent of Section 6.B above and this subsection, then that project shall be required to make upgrades to public realm and streetscape with simple but innovative urban design enhancements such as additional landscaping; pergolas /trellis- work/decorative structures; surface improvements to the pavement across driveways; short walls designed with benches and /or seating areas; public art; and the like, particularly in areas along the right -of -way where such deviations occur. 4. Standards for the Suburban Mixed -Use (SMU) District. EXHIBIT "A" a. Understory Garages. Understory parking (on the first floor of a structure) is allowed throughout the SMU district. b. Freestanding Garages. Freestanding parking garages are not allowed within the SMU district. All parking structures, excluding understory garages, shall be designed as an integrated garage as provided for in subparagraph "c" below. c. Integrated Garages. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within the SMU district. Habitable floor area must wrap all upper - levels of the parking structure where the structure has frontage along an arterial roadway or is abutting a single - family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet, so as to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining fa9ade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and / or other architecturally articulated facade features in order to soften its impact. 5. Miscellaneous Standards. a. Number of Required Parking Spaces. Required parking for all uses shall be as set forth by Chapter 4, Article V, Section 2. b. Off -Site Parking. Off - street parking spaces may be allowed off -site but with a maximum distance in accordance with Chapter 4, Article VI, Section 4.D.2. EXHIBIT "A" c. Interconnectivity. Interconnectivity between off - street parking areas, including drive aisles and pedestrian connections shall be planned for and designed in accordance with Chapter 4, Article VI, Section 4.D.3. d. Off - Street Parking for Large Non - Residential Development (Big Box). See Section 7.J below for additional regulations regarding off - street parking lot locations for large non - residential (big box) developments. e. Trash Collection Points. (1) Screening. See Chapter 4, Article VI, Section 4.0 for additional regulations regarding the appropriate location and screening of trash collection areas. (2) Landscaping. See Chapter 4, Article II, Section 6.G for additional regulations regarding the landscaping of trash collection areas. f. Off - Street Parking for Station Area. See Section 6.H below for additional standards regarding off- street parking areas located within the Station Area. G. Sidewalks. The following regulations shall apply to sidewalks: 1. "Urban Mixed Use" Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a(2) above: a. Materials. Sidewalks shall, where practical, be Holland -Stone pavers, red /charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walkways. 2. Mixed Use -High Intensity (MU -H) District. Sidewalks constructed along arterial roadways shall be a EXHIBIT "A" minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed -use development areas. H. Design and Architectural Requirements for Mixed Use (Urban) and Central Business Districts. 1. Purpose and Intent. The purpose of this subsection is to encourage traditional building architecture and urban design through both standards and guidelines that are based on the principal that a building is composed of the following three distinct parts: the "base": the "middle': and the "top.' The functional and visual values of a building are measured and achieved through proper design of each component through human scale and "friendliness, appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate "solid to void - ratio, and uniqueness. 2. Applicability. The standards of this subsection shall be applicable to properties located within the Mixed Use and Central Business Districts as defined in Chapter 1, Article II Definitions. 3. Generally. a. Project design shall not be an independent component in the downtown, but instead designed as an integral component linking seamlessly pedestrian and vehicular circulation with other developments, adjacent neighborhoods, nearby amenities and infrastructure. b. Appropriate transitions between new and existing buildings shall be provided. c. Architectural design shall incorporate multiple architectural rhythms in the building facades, appropriate "traditional." "solid -void ratio." classical vertical proportions, and step -backs in tower components. d. Projects shall contribute to " placemaking"' with enhanced building corners, defining components to building tops, and diversity in the use of materials, building articulation. and building colors that contribute and EXHIBIT "A" accentuate the building hierarchy and different components. 4. Building Anatomy. Design buildings /projects based on traditional architecture, recognizing the "Base /Middle /Top Building Hierarch\ a. Base. The "base" is the most important part of the building design, which is that component that represents the streetscape or "streetwall." (1) The base should be characterized by having all elements enhance the pedestrian environment to which it is exposed, with high transparency, including windows, entries, canopies, awnings, courtyards, and elements of pedestrian interest such as retail stores, storefront show windows and landscape elements. (2) The height of the base is a factor of overall building height and scale of the streetscape environment. The base will vary between approximately 30 feet and 45 feet depending on the zoning district, overall project height and scale of the abutting roadway. b. Middle. The "middle"' of the building should include the expression of the primary building uses. The "middle" of the building shall include multiple architectural rhythms derived through step - backs, changes in plane, changes in materials or colors, window types, window sizes, pairing or multiples of windows, oriel windows and by shutters and other detailing. Typically there should be more solid wall than window opening to maintain the traditional character. Mirrored and /or deeply colored glass should be avoided, as well as horizontal banding of windows and /or a regular horizontal expression of floor slabs. c. Top. The "top'' of a building tower terminates the building at the sky, and defines a skyline. (1) Towers shall be placed to allow views between towers and allow natural light to penetrate the lower building levels and the street below. The building top achieves its character through the EXHIBIT "A" design of cornices, step backs, and changes in scale, geometric elements and materials or textures. (2) Projects with tower elements shall be designed to maximize separation between project towers and between towers on abutting projects to ensure protection of views and privacy, and minimize the negative effects of shadowing. 5. Public Pedestrian Entrances. The main public entrance into a building shall be located on facades that front on arterial and collector roadways. Vehicular driveways /openings and curb cuts shall be relegated to local streets. 6. Off - Street Parking. Except for on- street parking, off - street parking areas shall not be visible from abutting arterial or collector roadways. PROPOSED LDR AMENDMENTS 3. Parking requirements applicable to adaptive reuse projects Part III. LDR, Ch. 4, Art. V. Minimum Off - Street Parking Requirements Sec. 2. Standards, A. 3. Location of Off - Street parking Areas. b. Amend to read — Non - residential. Required parking spaces for all non - residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, ured aleng ., _ . _ . - . . . unless the property is located within those areas defined within the Adaptive Re -use section of the code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. Part III. LDR, Ch. 4, Art. V, Sec. 2. C (Minimum Off - Street Parking Requirements) Table 4 -3. Commercial and Health Care /Office Uses Amend footnote #2 — Indoor child play areas shall be excluded for this purpose if such areas are designed /delineated separate from dining areas and if twenty percent (20 %) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats associated with a standalone business provided that the number of outdoor seats is ° fifty percent (50 %) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. For multi - tenant and shopping center developments, no additional parking shall be required for outdoor seating. Part III. LDR, Ch. 4, Art. V, Sec. 3. Special Reductions in Req'd Off- Street Parking. E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the Central Business District (hereinafter CBD) . .. ;: . _ . • - _ - - .. • :. . - - _ _ _ .. _ _ - - CBD, and properties, and property assembled with properties as one site, that front on - - ._- - _ :` - - -• -- :.._.. those areas described under Section 4. "Exceptions to Providing Required Off - Street Parking ", A. "Adaptive Re- Use ", below. 1. Applicability. Within this these areas, at the time of any new building construction, off - street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up to ten percent (10 %) of the required parking for new construction and twenty -five percent (25 %) of the parking required under the Adaptive Re -use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provisions of the required off - street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the City to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the City's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of 110% of the estimate shall be paid to the City in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off - street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of the City's a trolley or shuttle system or the construction of bicycle lane facilities. F. Ocean Avenue Overlay Zone. See Chapter 3, Article III, Section 8.D for specific additional off - street parking provisions regarding the Ocean Avenue Overlay Zone. Part III. LDR, Ch. 4, Art. V. Minimum Off - Street Parking Requirements Section 4. Exceptions to Providing Required Off - Street Parking. A. Adaptive Re -Use 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re -use, including modifications, of existing buildings: - . - - _ - • - • - - - • '- - • - - ` • - CBD, and any parcel or parcels of land assembled by unity of title located be required whcrc: a. Ocean Avenue Overlay Zone (OAOZ), as defined in Chapter 3, Article III, Section 8.D. No additional parking shall be required where: 1. The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100 %) of the existing gross floor area; or 2. The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop eats; or 3. The use of a structure is changed. -; or 4. The number of seats for eating and drinking establishments is increased by up to 50% of the existing total or up to 40 seats are provided where the previous use had none. b. CBD and C -4 parcels fronting on Federal Highway and those located between Federal Highway and the FEC RR right -of -way, C -2 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and I- 95 and C -3 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR right -of -way. A reduction of 50% of the required parking, up to a maximum of ten (10) parking spaces, may be granted where: 1. The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100 %) of the existing_gross floor area; or 2. The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop; or 3. The use of a structure is changed; or 4. The number of seats for eating and drinking establishments is increased by up to 50% of the existing total or up to 40 seats are provided where the previous use had none. 2. Exemptions. The provisions of this subsection do not apply to the following uses: a. Multi- family residential uses and structures and Group Homes. b. Churches, temples and other places or worship. c. Theaters, auditoriums, meeting halls, and other places of assembly. d. Clubs, lodges and fraternal organizations. g Hotels and Motels L Schools and Daycare 3. Additional Requirements /Restrictions. The following requirements and restrictions are applicable to all properties considered under the Adaptive Re -use provisions above: a. Required parking spaces may not be eliminated to accommodate building expansions. b. Parking spaces that back out onto collector or arterial roadways shall be removed aspart of any site improvements utilizing these Adaptive Re -use provisions. c. Required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. Part III. LDR, Ch. 4, Art. VI. Parking Lot, Vehicle Use Areas, and Loading Standards, Sec. 4. Community Design, D. 2 c. Amend to read — Lease Arrangements. Least arrangements to provide required . • - -. - - - . • . Within the areas defined in the Adaptive Re -use section of the code (Chapter 4, Article 5, Section 4), required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. PROPOSED LDR AMENDMENTS 2. Flood Prevention Requirements — Finished Floor Elevation and Freeboard Standards Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B. Purpose and Intent. 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. 1. Objectives. The specific objectives of this article are: a. To protect human life and health; b. To minimize expenditure of public money for costly flood - control projects; c. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. To minimize prolonged business interruptions; e. 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; f. 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, g. To insure that potential homebuyers are notified that property is in a flood area. 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to: a. 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; b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. C. Administration. 1. Administrator. The Building Official shall have the authority to interpret and administer this article. 2. Duties. Duties of the administrator or his designee shall include, but not be limited to: a. Review all development permits to assure that the permit requirements of this article have been satisfied. b. 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. c. 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 (FEMA). d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood - carrying capacity is not diminished. e. 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 Chapter 2, Article IV, Section 2. f. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed, in accordance with Chapter 2, Article IV, Section 2. g. 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. h. In coastal high hazard areas, the administrator shall obtain certification for the adequacy of breakaway walls in accordance with Section 3.C.8. below. 1. When flood proofing is utilized for a particular structure, the administrator shall obtain certification from a registered professional engineer or architect. j. 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 Chapter 1, Article VII, Section 1.D.2. k. When base flood elevation data has not been provided in accordance with Section 1.D. below, 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 below. - - - : ° : - - ation of all habitable space in new above -the -crown of any adjacent roadway. 1. All records pertaining to the provisions of this article shall be maintained in the Department of Development and shall be open for public inspection. D. Applicability. 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 section. E. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. F. Rules. 1. 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. 2. Abrogation. 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. 3. Interpretation. In the interpretation and application of this article all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. G. Conflict. Whenever the regulations and requirements of this Code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. H. Relieffrom Requirements. Unless described otherwise, any deviation from the flood prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4. I. Warning and Disclaimer. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on 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 the city, 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. Sec. 2. City Approval Required. Flood zone elevation certification shall be required for improvements in applicable flood zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. Sec. 3. Requirements. A. Areas of Special Flood Hazard. In all areas of special flood hazard the following provisions are required: 1. Anchors. a. New Construction and Substantial Improvements. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. Manufactured Homes. 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. 2. Materials. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. Design. a. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. b. 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. c. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. d. 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. 4. On -Site Waste Disposal Systems. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5. Miscellaneous. 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. 6. Flood Elevation Data Provided. Higher Regulatory Standards /Freeboard Requirements. In all areas of special flood hazard where base flood elevation data has been provided as set forth in this article, the following provisions are required: a. Residential Construction. New construction - ; . • . - . • • .. • of any residential structure shall have the lowest floor, including basement, elevated to or twelve inches above the base flood elevation. Additions and /or substantial improvements of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 3.A.6.c. below. b. 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 twelve inches above the base flood elevation. Additions and /or substantial improvements of any commercial, industrial, or other non- residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. Structures located in all A -zones may be flood proofed 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 Chapter 2, Article IV, Section 2.B. The finished floor elevation of all habitable space in new construction, not located in a flood zone, shall be elevated a minimum of twelve (12) inches above the average crown height of the adjacent roadway. The finished floor elevation of all habitable space in additions and /or substantial improvements, not located in a flood zone, shall be no lower than the existing finished floor elevation. c. Elevated Buildings. (1) 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. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (a) 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; (b) The bottom of all openings shall be no higher than one (1) foot above grade; and (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. d. Electrical, plumbing and other utility connections are prohibited below the base flood elevation; e. 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 f. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. B. Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore: 1. 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. 2. if Section 3.B.1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article. 3. 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. C. 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: 1. All buildings or structures shall be located landward of the reach of the mean high tide and the Coastal Construction Line. 2. 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. 3. All buildings or structures shall be securely anchored on pilings or columns. 4. All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the one hundred (100) -year mean recurrence interval (one percent (1 %) annual chance flood). 5. A Florida registered engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Sections 3.C.2. through 4. above. 6. 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 Department of Development 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: a. Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and c. Slope of fill will not cause wave run -up or ramping. 7. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. 8. Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: a. No solid walls shall be allowed; and b. Material shall consist of wood or mesh screening only. 9. If aesthetic lattice works or screening are utilized, such enclosed space shall not be used for human habitation. 10. Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the development department for review. 11. 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. 12. 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 Section 3.C.8. and 9. above. D. Areas of Shallow Flooding (AO) Zones). Located within the areas of special flood hazard established in Section 1.F D. 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. Residential Structures. All new construction and substantial improvements of residential structures, and services systems 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, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and /or substantial improvements the lowest floor, including basement shall be no lower than the existing finished floor elevation. 2. Non - residential Structures. All new construction and substantial improvements of non - residential structures shall: a. Have the lowest floor, including basement and services systems 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, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and /or substantial improvements the lowest floor, including basement shall be no lower than the existing finished floor elevation. b. Be completely flood proofed 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 flood proofed. E. Subdivision Standards. The following provisions shall apply for all 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. 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. F. 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. Encroachments. 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. Construction and Improvements. New construction or substantial improvements of structures shall be elevated or flood proofed in accordance with elevations established in accordance with Section 1.C.2.k. above. Sec. 4. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations.