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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