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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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)
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