O87-12to the elevated portion of the building or the
supporting foundation system.
Coastal high hazard area means the area subject to high
velocity waters caused by, but not limited to,
hurricane wave wash or tsunamis. The area is
designated on a FIRM as zone Vl-30.,VE or V.
Development means any man-made change to improved or
unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations.
Elevated building means a non-basement building built
to have the lowest floor elevated above the ground
level bM means of fill, solid foundation perimeter
walls, Dilings, columns (posts and piers), shear walls,
or breakawa¥ walls.
~se&n~-moBile-home-Dark-o~-moBile -home
&n~o-~wo-~a~-or-more-moB~e-home-~o~s-~or-ren~-o~-sa~e
ehe -~o~ -on -wh~eh -~he -moB&~e -home -&s -%o
e~her-~na~-s~e-gra~m~-or-~he-~o~r~n~-o~-eonere~e
~Dans&on-~o -an-eM&s~&n§-moBile -home-park-or-moB&~e
home -su~v~s~en-means-~he-pre,arabian-o~
s~es-~F-~he-eonserue~on-o~
~he-~o~s-on-wh&eh-~he-mo~&~e-homes
~ne~u~n§-~he-~ms~a~a~on-e~-u~&~esT-e~her-~na~
s&~e -~ra~&a§ -or -poar~a~ -o~ -eonereae -pads? -or -~he
eoms~rme~&ons-o~-s~ree~s~?
Flood or flooding means a general and temporary
condition of partial or complete inundation of normally
dry land areas from:
(1) The overflow of inland or tidal waters;
(2)
The unusual and rapid accumulation of runoff
of surface waters from an~,
Flood hazard boundary map (FHBM) means an official map
of a community, issued by the Fede=al Emergency
Management Agency where the boundaries of the areas of
special flood hazard have been defined as zone A.
Flood insurance rate map (FIRM) means 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 is the official report provided
by Federal Emergency Management Agency. The report
contains flood profiles, as well as the flood
boundary-floodway map and the water surface elevation
of the base flood.
Floodway means the channel of a river or other
watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation of
the base flood.
Floor means the top surface of an enclosed area in a
building (including basement) i.e., top of slab in
concrete construction or top of wood flooring in wood
frame construction. The term does not include the
floor of a garage used solely for parking vehicles.
Functionall~ dependent facility means a facility wh{ch
cannot be used for its ~ntended purpose nn]ess it is
located or carried out in close proximity to water,
such as a docking or port facility necessary for th-
loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood process~-~
facilities. The term does not include long-term
storage, manufacture, sales , or service facilities.
Highest adjacent grade means the highest natural
elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
Mangrove stand means an assemblage of mangrove trees
which is mostly low trees noted for a copious
development of interlacing adventitious roots above the
ground and which contain one or more of the following
species: black mangrove (Avicennia Nitida); red
mangrove (Rhizophora Mangle); white mangrove
(Languncularia Racemosa); and buttonwood (Concarpus
Erecta).
Mean sea level means the average height of the sea for
all stages of the tide. It is used as a reference for
establishing various elevations within the floodplain.
For purposes of this article, the term is synonymous
with national geodetic vertifal datum (NGVD).
Manufactured home (formerly "mobile home"),~ea,~ for
purposes of this Article only, a structure,
transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or
without a permanent foundation when co--ected to th-
required utilities. The term also iD~_des park
trailers, travel trailers, and s~m~lar transportable
structures placed on a site for 180 consecutive d~ys or
longer and intended to be improved property.
MeB~e-heme-mea~s-a-se~e~reT-%ransper~aB~e-~n-eae-er
m~e-see~s7-wh~eh-~s-B~-~ --chassis
a~-~es~e~ -~e-Be-~se~ -w~eh -e~-w~he~-a-pe~mane~
~a~a~ea-when-e~nnee~e~ -e~ -ehe -~e~e~ -~e~es=
~ -~ees -n~ -&ne~e -reereak~ena~ -~eh~e~es -er -e~ave~
National geodetic vertical datum (NGVD) as corrected in
1929 is a vertical control used as a reference for
establishing varying elevations within the floodplain.
New construction means structures for which the "start
of construction" commenced on or after the effective
date of this article.
New-meB&~e-heme-Da~k-er-meB&~e-heme-s~B~&v&s&em_meams_a
%~-e~-me~e-meB~e-heme-~e~s-~e~-~e~-e~-sa~e-~e~-wh~eh
ehe-~ms~e~-~-fae~e~es-f~-se~e~-ehe-~_~
wh~eh-~he-m~B~e-heme-~s-~e-Be-af~xe~?-~me~~7_a~_a
s~ee-~ra~n~-~r-ehe-pe~§-~-eeaere~e-pa~sT-an~-ehe
e~nse~e~en-~-sereees}-~s-e~mp~e~e~-~n-e~-a~%e~-ehe
e~ee~e-~a~e-e~-eh~s-a~e~e~e=
3
ORDINANCE NO. 87-~-'
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTION 5-77, SECTION
5-83.15(3), SECTION 5-83.16(h)(1),
SECTION 5-83.27, SECTION 5-83.28 OF THE
CODE OF ORDINANCES; BY PROVIDING NEW
DEFINITIONS; iBY PROVIDING NEW
NOTIFICATION PROVISIONS; BY PROVIDING
NEW CONDITIONS FOR VARIANCES; BY
PROVIDING NEW GENERAL STANDARDS FOR
CONSTRUCTION IN SPECIAL FLOOD HAZARD
AREAS; BY PROVIDING NEW SPECIFIC
STANDARDS FOR CONSTRUCTION IN AREAS OF
SPECIAL FLOOD HAZARD; PROVIDING A
CONFLICTS CLAUSE; PROVIDING AUTHORITY TO
A ~LAUSE;
DATE; AND FOR
NOW, THEREFORE, BE IT ORDAINED BY THE CITY' COMMISSION
OF THE CITY OF BO~NTON BEACH, FLORIDA THAT:
Section 1. That :Section 5-77 of the Code of Ordinances
is amended by adding the words shown in underlined type and
by deleting the words in struck-through type as follows:
Sec. 5-77.:Definitions.
Unless specifically defined below, words or phrases
used in this article shall be interpreted so as to give
them the meaning they have in common usage and to give
this article its most reasonable application.
Addition (to an existing building) means any walled and
roofed expansion to the perimeter of a building in
which the addition is connected by a
load-bearing wall other than a fire wall. Any walled
and roofed addition which is connected by a fire wall
or is separated by independent perimeter load-bearing
walls is new construction.
Appeal means a request for a review of the Boynton
Beach city building official's of~-~any
provision of this article or a requeSt""for'~-a'--varfance.
Area of shallow flooding means a designated AO or VO
zone on a community's flood insurance rate map ('FIRM)
with base flood depths from one 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 is the land in the
floodplain within a community subject to a one per cent
or greater chance of flooding in any given year.
Base flood means the flood having a one per cent chance
of being equaled or exceeded in any given year.
Basement means that portion of a building, having its
floor subgrade (below ground level) on all sides.
Breakaway wall means a wall that is not ~art of the
structural support of the building and is intended
through its design and construction to collapse under
specific lateral loading forces without causing damage
Sand dunes means naturally occurring accumulations of
sand in ridges or mounds landward of the beach.
Start of constructionmea~s--~he--~rst--p~aeement--~
Dermaneat-eenstruet~en -eS -a -str~et~re -+ether -than -a
meb~e-h~me~-en-a-s~te-sueh-as-the-De~r~n~-e~-s~abs-er
~eet~s-er-any-werk
~ne~n§ -the -re~eeat~ea -e~ -a -str~et~re= --Permanent
ereet~ea-e~-temperary-~erms?-ner-~ees,-~t-~ne~e -the
~asta~at~en .~n -the -property
saeh-as-§ara~es-er-she~s-net-eeeaD~ed-as-~we~a~-an,~ts
%ether-than-a-meB~e-heme}-w~theat-a-Basement-e~-Deare~
~eet~a§s7 -the -"sta, rt -e~ -eenstraet~eau -~ne~a~es -the
.net -w&th~n -a
"start -e~-eenstrae~en~ -~s -the -~ate -eh -wh~eh -the
--pads --and
( for other
under
) ),
date.
or
nor
for a
the
the
or
Structure ~means a walled and roofed building that is
principally as-we~-as-a-m~e-h~me= a
or liquid storage tank, or
or infrastructures.
Substantial improvement means any repair,
reconstruction or improvement of a structure, the cost
of which equals or exceeds fifty (50) per cent of the
market value of the structure, either (1) before the
improvement or repair is started, or (2) if the
structure has been damaged and is being restored,
before the damage occurred. For the purposes of this
definition "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling,
floor or other structural part of the building
commences, whether or not that alteration affects the
external dimensions of the structure. The term does
not, however, include either (a) any project for
improvement of a structure to comply with existing
state or local health, sanitary or safety code
specifications which are solely necessary to assure
safe living conditions, or (2) any alteration of a
structure listed on the National Register of Historic
Places or a state inventory of historic places.
Variance is a grant of relief to a person from the
requirements of this article which permits construction
in a manner otherwise prohibited by this article where
specific enforcement would result in unnecessary
hardship.
Section 2. That Section 5-83.15(3) of the Code of
Ordinances is amended by adding the words shown in
underlined type and by deleting the words in struck-through
type as follows:
Sec. 5-83.15.
building official.
Duties and responsibilities of the
Duties of the building official shall include, but not
be limited to:
(3) Notify adjacent communities and the state
department of e~v~emme~a~ --~e~a~e~ co. auunity
affairs prior to any alteration or relocation of a
watercourse, and submit evidence of such notification
to the Federal Emergency Management Agency.
Section 3. That Section 5-83.16(h)(1) of the Code of
Ordinances is amended by adding the words shown in
underlined type and by deleting the words in struck-through
type as follows:
Sec. 5-83.16. Variance procedures.
(h) 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? , a~ in the ~ngt~r~=e of a historical
buildinq, a determination that the variance is the
minimum necessar~ so as not to destroy the
historic character and design of the building.
Section 4. That Section 5-83.27
Ordinances is amended by adding
underlined type and by deleting the
type as follows:
of the Code
of
in
Dugh
Sec. 5-83.27. General standards.
In all areas of special flood hazard the following
provisions are required:
(1) Ail 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) Ail new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
5
(4) Ail new construction or substantial improvements
shall be constructed by methods and practices that
minimize flood damage.
(5) Electrical, heating, ventilation, plumbinq, 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 floodinq..
(6) Ail 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, construction or
improvements to a structure which are in compliance
with the provisions of this article, shall meet the
requirements of "new construction" as contained in this
article.
Section 5. That Section 5-83.28 of the Code of
Ordinances is amended by adding the words shown in
underlined type and by deleting the words in struck-through
type as follows:
Sec. 5-83.28. Specific standards.
In all areas of special flood hazard where base flood
elevation data has been provided, as set forth in section
5-79, or section 5-83.15(11) 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 a
structure, openings sufficient facilitate the
unimpeded movements of flood waters shall be provided
_inaccordancewith standards of Section 5-83.28(3).
(2) Nonresidential construction: New construction or
substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the
lowest floor, including basement, elevated to the level
of the base flood elevation~e~y-~e~e~he~-w~th-a~e~a~
ue~ey -aaa -sa~ary -fae~e~es7 -Be -f~ee~pree~e~ -se
that -Bedew -the -Base -~ee~ -~eve~ -the -st~ue~e -~s
Structures located in all A-zones ma~ 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 to the
official as set forth in section 5-83.14(3).
6
%B}--Mobile-homes=
%a}--No-mob~e-home-sha~-Be
ooasea~-h~gh -ha~ar~-area?-e~oep~-~n -an
--home --park --or --e~se~n~ --moBile --home
-hemes -sha~ -Be -aaehore~ -~o -ros~s~
anehers~-Spee~e-re~u~remen~s-sha~-be-~ha~
s~e -ne-an-~n~erme~a~e -~oea~oa-on-mobile
homes-o~-~ess-~han-~y-~8~-geek-am~ -one
a~ona~-k~e-per-s~e-~or-moB~e-homes-o~
~?---Frame-~es-be-pre?~e~-a~-eaeh-eorner-o~-~he
a~-~n~erme~aee-pe~a~s-~or-moB~e-homes-~ess
-homes-o~-~y-%~9}-~ee%
B=---A~ -oompo~en~s -o~ -ehe -anohor~n§ -syseem -Be
4?---Any-a~e~ons-eo-~he-moB~e-home-Be-s~m~ar~y
%o~--For-new -mob&~e-home -parks
eEpans~ons --~o --ex~se~n§ --mobile --home --pa~ks --a~
sab~&~s~ons~---~or---eE~s%~a~---mobile
sUB~&s~oms--where--~he--rope&r7--reeoms~r~e~om--er
&mprovememe-o~-~he-s~ree~s?-~~es-and-pads-before
ehe---repa&rT---reeons~r~oe&on---or---&mpro~emene .... has
oommenoe~T-am~?-~or-moB~e-homes-ne~-p~aee~-~n-a-moB~e
~v---Seam~s-er-~o~s-are-e~eva~e~-om-eompao~e~
-se-%ha%-~he.-~owes~
~oor-o~-ehe-meB~e-home-w~-Be-a%-or
aBeve-~he-Base-~eo~-~eve~
~v---A~eq~a~e -sur~aee -~
-~er -a
Bv---~m-~he-&ms~amee-e~-e~eva~&em-em-p&~&mgs~
a=---Ao~s-are-~ar§e-enou§h-eo-perm~-seep-s~,
Bv---P&~&n~-~eum~ae&ems-are-p~aee~.~m-S~aB~e
ev---Re&n~oroemem~-&s-prev&~e~.~er-p&~&m~s
..... more-eham-s&x-~eee-abeve-~he-§ro~m~-~eve~v
(3) Elevated Buildings. New construction or
substantial improvements of elevated buildings, that
include full~ enclosed areas formed b~ 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 h~drostatic flood forces,, on
exterior walls.
(a)
(b)
Designs for complying with this requirement
must either be certified by a professional
engineer or architect or meet the following
minimum criteria:
(i) Provide a minimum of two openings having
a total net area of not less than one square
inch for every square foot of enclosed area
subject to flooding:
(ii) The bottom of all openings shall be no
higher than one foot above grade; and,.
(iii) Openings may be equipped with screens,
louvers, valves or other coverings or devices
provided they permit the automatic flow of
floodwaters in both directions.
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 storaqe of
maintenance equipment used in connection with
the premises (standard exterior door) or
entry to the
elevator); and
living
area (stairway or
(d)
The interior portion of such enclosed area
shall not be partitioned or finished into
separate rooms.
(4) Floodways: Located within areas of special flood
hazard established in section 5-79, are areas
designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and
has erosion potential, the following provisions shall
apply:
(a)
Prohibit encroachments, including fill, new
construction substantial improvements and
other developments unless certification with
supDorting techniCal
professional engineer is provided
demonstrating that encroachments shall not
result in any increase in flood levels during
occurrence of the base flood discharge.
(b)
In section 5-83.28(4)(a) is satisfied, all
new construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of Division 3.
(c)
Prohibit the placement of any manufactured
homes (mobile homes) meB~e-hemes, except in
an existing meb~e -home manufactured homes
(mobile home) park or e~se~ -meB~e -h~me
subdivision. A replacement manufactured home
may be placed on a lot in an existing
manufactured home park or subdivision
provided the anchoring standards of Section
5-83.27(2),~ and the elevation standards of
Section 5-83.28(1) are met.
(5)
Coastal high hazard areas (V zones): Located
within the areas of special flood hazard
8
established in section 5-79, 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)
Ail buildings or structures shall be located
landward of the reach of the mean high tide.
(b)
Ail buildings or structures shall be elevated
so that the lowest supporting member
(excluding pilings or columns) as 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 was
away in the event of abnormal wave action and
in accordance with section 5-83.28(5)(b).
(c)
Ail buildings or structures shall be securely
anchored on pilings or columns.
(d)
sha~ -be -~es~me~ -am~ -amehe~e~ -se -as -~e
w~hs~a~-a~-a~e~-~ea~s-e~-~he-base-~ee~
~ew~All pilings and columns and the attached
structures shall be anchored to resist
floatation, collapse, and lateral movement
due to the effect of wind and water loads
actinq simultaneously on all building
components. The anchoring and support system
shall be designed with wind and water loading
(e)
(f)
values which equal or exceed the 100 year
mean recurrence interval (one percent annual
chance flood).
SemD~&amee --w~h --Drev&s&ems --eem~a&me~--&m
see~en-~-8~8~b~7-~e~-am~-~-sha~-be
ee~e~ -~e -by -a-~e~ess~ena~-e~§~ee~-er
areh~eeee? A registered professional engineer
or architect shall certify that the design,
specifications and plans for construction are
in compliance with the provisions contained
in Section 5-83.28(5)(b),(c) and (d).
There shall be no as structural
support. Noncompacted 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 fee of obstruction)
prior to generating excessive loading forces,
ramping effects, or wave deflection. The
Building Official shall approve design plans.
for landscaping/aesthetic fill only after the
applicant has provided an analysis by an
engineer, architect, and/or soil scientist,
which demonstrates that the following factors
have been fully considered:
(i) Particle composition of fill material
does not have a tendency for excessive
natural compaction;
(ii) Volume and distribution of fill
will not cause wave deflection to
adjacent properties; and
9
(g)
(h)
(iii) Slope of fill will not cause wave
run-up or ramping.
There shall be no alteration of sand dunes or
mangrove stands which would increase
potential flood damage.
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;
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
building official for approval.
(k)
P~eh~B~e--~he--p~aeemeae--e~--meB~e--hemes7
exeepe-~ -aN -ex~se~ -meBf~e -h~me -pa~k -e~
ex~s~§-m~B~e-h~me-s~B~s~=Prohibit the
placement of manufactured homes (mobile
homes), except in an existing manufactured
homes (mobile homes) park or subdivision. A
replacement manufactured home may be placed
on a lot in an existinq manufactured home
park or subdivision provided the anchorinq~
standards of Section 5-83.27(2), and the
elevation standards of Section 5-83.28(1) are
met.
(1)
Any alteration, 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, 5-83.28(6)(h) and
(i).
Section 6: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 7:
ordinance.
Authority is hereby granted to codify said
Secticn 8: Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 9: This ordinance shall become
immediately upon passage.
FIRST READING this ~ day of ~
effective
10
1987.
SECOND, FINAL READING and PASSAGE this /~day of
////~ , 1987.
ATTEST:
Cit~/Clerk '~_~Z~F
(~orporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
~4~4~yor
Vice
Comm£ s s ioner
Commissioner
11