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O82-24ORDINANCE NO. 82- ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTICLE VII, "FLOOD DAM_AGE PREVENTION", OF CHAPTER 5, "BUILD- ING, HOUSING AND CONSTRUCTION REGULATIONS" AND ENACTING~A NEW ARTICLE VII, "FLOOD DAMAGE PRE- VENTION'', OF CHAPTER 5 "BUILDING, HOUSING AND CONSTRUCTION REGULATIONS"; PROVIDING FOR THE PREVENTION OF FLOOD DAMAGE; PROVIDING STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING SCOPE, PERMITTING, INTERPRETATION, A FLOOD HAZ~RDMAP, DISCLAIMER OR LIABILITY, AND PENALTIES; PROVIDING FOR ADMINISTRATION; PROVIDING VARIANCE PROCEDURES; PROVIDING STANDARDS FOR FLOOD HAZARD REDUCTION; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDIN- ANCES INCONFLICT; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Code of Ordinances of the City of Boynton Beach, Florida, be amended by repealing Article VII, "Flood Damage Prevention", of Chapter 5, "Building, Housing, and Construction Regulations" and enacting a new Article VII, "Flood Damage Prevention", of Chapter 5 "Building, Housing and Construct- ion Regulations" to read as follows: Article 1. Statutory Authorization, Finding of Fact, Purpose and Objectives Section A. Statutory Authorization The Legislature of the State of Florida has in Chapter 166 of Florida Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. T. herefore, the City Council of Boynton Beach, Florida, does ordain as follows: Section B. Finding of Fact 1. The flood hazard areas of Boynton Beach, Florida, are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. -1- 2. These flood losses are caused by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages. Section C. Statement of Purpose It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. restrict or prohibit uses which are dangerous to health, safety and property due to water or erosio] hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2. require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial con- struction; 3. control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accomodation of flood waters; 4. control filling, grading, dredging and other development which may increase erosion or flood damage; and, 5. prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to '~ other lands. -2- Section D. Objectives The objectives of this ordinance are: 1. to protect human life and health; 2. to minimize expenditure of public money for costly flood control projects; 3. to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. to minimize prolonged business interruptions; 5. to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; 6. to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner' as to minimize future flood blight areas; and, 7. to insure that potential home buyers are notified that proper.ty is in a flood area. Article 2. Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Appeal means a request for a review of the Boynton Beach City Buidling Officials interpretation of any provision of this ordinance ~or a request for a variance. 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 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and in- determinate, and where velocity flow may be evident. -3- Area of special flood hazard is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Base flood means the flood having a one percent chance of being equalled or exceeded in any given year. '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 V1-30. Development means any man made change to improved or unim- proved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Existing mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). 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 any source. -4- Flood Hazard Boundary Map (FMBM) means an official map of a community, issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have been defined as Zone Al 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 ~lood. Floodway means the channel of a river or other water- course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor means the top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete con- struction' or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for park- ing vehicles. 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 Racemose); and buttonwood (Conocarpus Erecta). Mean Sea Level means the average height of the sea for ali stages of the tide. It is used as a referenc~for~ establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). Mobile Home means 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 connected to the required utilities. It does not include recreational Vehicles or travel trailers. National Geodetic Verticle 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 construction" commenced on or after the effective date of this ordinance. New mobile home park or mobile home subdivision means a parcel (or contiguous parcels of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed,~including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach. Start of construction means the first placement of construction of a structure (other than a mobile home) a site, such as the pouring of slabs or footings or any work the stage of excavation, including the relocation of a · ure. Permanent construction does not include the installatio~ streets/and/or walkways; nor does it include excavation for a · footings, piers or foundations or the erection of y forms; nor does it include the installation on the of accessory buildings, such as garages or sheds not as dwelling units or not a part of the main structure. ~or a structure (other than a mobile home) without a basement or ~oured footings, the "start of construction" includes the first -6- permanent framing or assembly of the struCture or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions ,start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed. Structure means a walled and roofed building that is principally above ground, as well as a mobile home. Substantial improvement means, any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent 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 (1) 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 re- quirements of this ordinance which permits construction in a manne~ o. th~e~.Wi~s~'~p~oh~bi~ed~by~this o~dinance.~Wh~re~spe~if~ic~n~ment ~oul~d'ir.e~sut~n~n~ecess~aryh~rdship. -7- Article 3. General Provisions Section A. Lands to Which This Ordinance Applies This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Boynton Beach, Florida. Section B. Flood Hazard Basis for Establishing.the Areas of Special The areas of special flood hazard identified by the Federal Emergency Managsmsnt Agency in its Flood Insurance Rate Map (FIRM) 120196 0001-0005, dated September 30, 1982, and any revision thereto are adopted by reference and declared to be a part of this ordinance. Section C. Establishment of Development Permi~ A Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of' any development activities. Section D. Compliance No structure or land shall hereafter be located, extended, converted, or structurally altered without full com- pliance with the terms of this ordinance and other applicable regulations. Section E. Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall previal. Section F. Interpretation In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements~ (~) liberally construed in favor of the governing body~ ~nd, (3) deemed neither to limit nor repeal any other powers state statutes. -8- Section G. Warning and Disclaimer of Liability The degree of flood protection required by this ordi? nance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be in- creased by man-made or natural causes. This ordinance 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 ordinance shall not create liability on the part of Boynton Beach, Florida, or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Section H. Penalties for Violation Violation of the provisions of this ordinance or fail- ure to comply with any of its requirements, including violation conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a mis- demeaner. Any person who violates this ordinance or fails to comply with any o~ its requirements shall, upon conviction thereo~, be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Boynton Beach from taking such other lawful action as is necessary to prevent or remedy any violation. Article 4-. Administration Section A. Designation of The Boynton Beach City Building Official The Building Official is hereby appointed to administe~ implement the provisions of this ordinance. Section B. Permit Procedures Application for a Development Permit shall be made to the Building Offical on forms furnished by him, prior to any -9- development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials; Specific- drainage facilities, and the location of the foregoing. ally, the following information is required: 1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. Elevation in relation to mean sea level to which any non-residential structure will be flood- proofed. Provide a certificate from a registered profes- sional engineer or architect that the non- residential flood-proofed structure meets the flood proofing criteria in Article 5, Section B-2. Description of the extent to which any water- course will be altered or relocated as a result of proposed development. Provide a flood elevation or floodproo~ing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structu~ members of the lowest floor. Within twenty one calendar days of establishment of the lowest floor elevation, or floodproo~ing by whatever constructi~ means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Building Official a certification of the elevation of the lowest floor floodproofed elevation, or the elevation of the lowest portion o~ the -10- horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certifica. tion shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty one day calendar period and prior to sub- mission of the certification shall be at the permit holder's risk. The Building Official shall review the Flood Elevation Survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or fail- ure to make said corrections ~equired hereby, shall be cause to issue a stop-work order for the project Section C. Duties and Responsibilities of the Building Official Duties of the Building Official shall include, but not be limited to: 1. Review all development permits to assure that the permit requirements of this ordinance have been satisfied. 2. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. -11- 3. Notify adjacent communities and the State Depart- ment of Environmental Regulation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminis] 5. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new-'or substantially improved structures, in accordance with Article 4, Section B-5. 6. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantiall~ improved structures have been floodproofed, in accordance with Article 4, Section B-5. 7. In Coastal High Hazard Areas certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. 8. In Coastal High Hazard Areas, the Building Official shall review plans for the adequacy of breakaway walls in accordance with Article 5, Section B-5-h. 9. When flood-proofing is utilized~'!for ~ particular structure, the Building Official shall obtain certification from a registered professional engineer or architect. -12- 10. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Official shall make the necessary interpretation. The person contest- ing the location of the boundary shall be given a reasonable opportunity to appeal the interpretatior as provided in this article. 11. When base flood elevation data has not been pro- vided in accordance with Article 3, Section B, then the Building Official 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 Article 5. t2. All records pertaining to the provisions of this ordinance shall be maintained in the office of the Building Official and shall be open for public inspection. Section D. Variance Procedures 1. The Building Board of Adjustment~~ and Appeals as established by Boynton Beach shall hear and decide appeals and requests for variances from the re- quirements of this ordinance. 2. The Building Board of Adjustment. and Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this ordinance. 3. Any person aggrieved by the decision of the Build- ing Board of Adjustment and Appeals or any taxpayer may appeal such decision to the Circuit Court as provided in Florida Law. -13- e ce de Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register' of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainde~ of this ss~tion. In passing upon such applications, the Building Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and: a. the danger that materials may be swept onto other lands to the injury of others; the danger to life and property due to flooding or erosion damage; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; the importance of the services provided by the proposed facility to the community; the necessity to the facility of a waterfront location, where applicable; the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; the compatability of the proposed use with existing and anticipated development; the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; the safety of access to the property in times of flood for ordinary and emergency vehicles; -14- e j. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, k. the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Upon consideration of the factors listed above and the purposes of this ordinance, the Building Board of Adjustment and Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. Variances shall not be issued within any desi¢ floodway if any increase in flood levels during base flood discharge would result. Conditions for Variances a. Variances shall only be issued upon a deter- mination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and, (3) a determination that the granting of a variance will not in increased flood heights, additional threats to public safety, extraordinary public expense create nuisance, cause fraud on or victimizatio of the public, or conflict with existing local laws or ordinances. -15- Article 5. c. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. d. The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Provisions for Flood Hazard Reduction Section A. General Standards In all areas of special flood hazard the following ~rovisions are required: 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. 2. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 4. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood Waters into the system. 5. 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. -16- 6. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 7. Any alteration, repair, reconstruction, or ments to a structure which is in compliance with the provisions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. Section B. Specific Standards In all areas of special flood hazard where base flood elevation data has been provided, as set forth in Article 3, Section B, or Article 4, Section C-ll, 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 elevatio~ 2. Non-residential Construction - New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood-proofed so that bt the base flood level the structure is water tight and with walls substantially~impermeabls 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 subsecti are satisfied. Such certification shall be pro- vided to the official as set forth in Article 4, Section B-3. -17- Mobile Homes a. No mobile home shall be placed in a floodway or Coastal High Hazard Area, except in an existing mobile home park or existing mobile home subdivision. b. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (1) over-the-top ties be provided at each end of the mobile home, with one additional tie per side at an intermediate location on mobile homes o~ less than fifty feet and one additional tie per side for mobil~ homes of fifty feet or more. (2) frame ties be provided at each corner of the home with four additional ties per side at intermediate points for mobile homes less than fifty feet long and one additional tie for mobile homes of fifty feet or longer; (3) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (4) any additions to the mobile home be similarly anchored. For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions; for existing mobile parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equal or exceed fifty percent of value of -18- the streets, utilities and pads before the repair, reconstruction or improvement has commenced~ and, for' mobile homes not placed in a mobile home park or subdivision require: (1) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above thebase flood level; (2) adequate surface drainage and access for for a hauler are provided; and (3) in the instance of elevation on pilings: (a) lots are large enough to permit steps (b) piling foundations are placed in stable soil no more than ten feet apart; and (c) reinforcement is provided for pilings more than six feet above the ground level Floodway$~- Located within areas of special flood hazard established in Article 3, Section B, 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 follow- ing provisions shall apply: a. Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. -19- Ce b. If Article 5, Section B-4-a, is satisfied, all new construction and substantial improve- ments shall comply with all applicable flood hazard reduction provisions of Article 5. c. Prohibit the placement of any mobile homes~ except in an existing mObile home park or existing mobile home subdivision. Coastal High Hazard Areas (V Zones) - Located within the areas of special flood hazard establishe~ in Article 3, Section B, are areas designated as Coastal High Hazard Areas. These areas have special flood hazards associated with wave wash, therefore, the following provisions shall apply: a. All buildings or structures shall be located landward of the reach of the mean high tide. All buildings or structures shall be elevated so that the lowest supporting member is located no lower than the base flood elevation level, with all space below the lowest support- ing member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic pur- poses only and must be designed to wash away in the event of abnormal wave action and in accordance with Article 5, Section B-5-b. All buildings or structures shall be securely anchored on pilings or columns~ Pilings or columns used as structural support shall be designed and anchored so as to with- stand all applied loads of the base flood flow. Compliance with provisions contained in Article 5, Section B-5-b, c and d shall be certified to by a professional engineer or architect. -20- f. There shall be no fill used as structural support. g. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. h. Lattice work or decorative screening shall be allowed below the base flood elevation pro- vided 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 structure 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 (2) Material shall consist of wood or mesh screening only i. If aesthetic lattice works or screening are ut~iZed,~ 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. Prohibit the placement of mobile homes, except in an existinq mobile home park or existing mobile home subdivision. 1. 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 Article 5, Section B-6-h and i. -21- 1 (AO Zones Section C. Standards for Areas of Shallow Flooding Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associa~ with base flood depths of one of three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provis- ions apply: 1. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at lease two (2) feet above the highest adjacent grade. 2. All new construction and substantial improvements of non-residential structures shall: a. have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade or, b. together with attendant utility and sanitary facilities be completely flood-proofed to or above that level so that any space below that level is watertight 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. -22- Section D. Standards for Subdivision Proposals 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and con- structed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 4o Base flood elevation data shall be provided for subdivision proposals and other proposed develop- ment which is greater than the lesser of fifty lots or five acres. Section E. Standards for Small Streams Located within the areas of special flood hazard established in Article 3, Section B, where small streams exist but where no base flood data has been provided or where no flood- ways have been provided, the following provisions apply: 1. No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty feet on each Side from top of bank, whichever is unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. New construction or substantial improvements of structures shall be elevated or floodproofed in accordance with elevations established in accordance with Article 4, Section ~C-ll. -23- Section 2. That the existing flood control ordinance of the city of Boynton Beach, Florida, being Ordinance NOo 79-16, be and the same is hereby repealed. Section 3. That should any section or provision of this Ordinance, or any portion thereof, be declared by a Court of ~iCompetent Jurisdiction to be invalid, such decision shall not effect the remainder of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. This Ordinance shall become effective immediately upon its passage. FIRST READING this ~z~ day of ~ , 1982. SECOND, AND FINAL READING AND PASSAGE, this day CITY OF BOYNTON BEACH, FLORIDA il (Corp.~ S_~al) -24-