O79-16 ORDINANCE NO. 79-/~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, PROVIDING FOR THE PREVENTION OF FLOOD D~v~GE~ PROV%~ING
STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND OBJEC~
TIVES; PROVIDING DEFINITIONS; PROVIDING SCOPE, PEP~.%ITTING,
INTERPRETATION~ A FLOOD HAZARD MAP, DISCLAIMER OF LIABILITY,
AND PENALTIES; PROVIDING FOR ADMINISTRATION; PROVIDING VARIANCE
PROCEDURES; PROVIDING STANDARDS FOR FLOOD HAZARD REDUCTION;
REPEALING THE CITY'S EXISTING FLOOD CONTROL ORDINANCE; PROVID-
ING A SAVINGS CLAUSE; REREALING ALL ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
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 the addition of Ordin-
ance No. 79-~/~ , providing for the prevention of flood dam-
age as follows:
-1-
FLOOD DAM~%GE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF.FACT, ~URPOSE AN~ OBJECTIVES
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the. State of Florida has in
(sS'ate)
Chapter 166 of the Florida Statutes delegated the responsibility to iocal
(statutes)
government&l units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore the City Council
(governing body)
of ~--~-~nton Bea~., Florida does ordain as follows:
(local unit) '(State)
SECTION Bi FINDINGS OF FACT
1) The flood hazard areas of Boynton Beach, Florida are subject to-
(local unit)
periodic inundation which results in loss of life, property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for floodJprotection and relief
and impairment of the tax base, all of which adversely affect the
public health, safetyand general~ welfare.
' 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 tp floods
or hazardous to other lands which are inadequately elevated, flood-
proofed, or otherwise protected from flood damages.
SECT~ION ~. 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
~onditions in specifi~ areas by provisions designed to:
l) ~strict or prohibit uses which are dangerous to health, safety and
property due to water or'erosion or in flood heights or velocities;
require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
~nitial construction;
·
3) cOntrol alteration of natural flo'od plains, stream channels,
and natural protective barriers which are ~nvolved in the accommodation
~ of flood waters;
4) control filling, grading, dredging and other development which may
increase erosion or flood damage; and,
--2--
5)
prevent or regulate the construction of flood barriers which willL
unnaturally divert flood waters or which may increase flood hazards
to other lands.
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 c6ntrot
projects;
3) to minimize the need for rescue ~nd relief efforts associated with
flooding and generally undertaken at the expense of the general p~blic;
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 blights areas;
ARTICLE 2. DEFINITIONS
Unless s~ecifically defined below, words or phrases used in this ordinance
shall be inter!>reted 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 Buildinq Official
'(local administ~at0r)
interpretation of any provision of this ordinance or a request for a variance.
"Area of shallow floodinq" means a designated AO or VO Zone on a community's
Flood Insurance Rate Map (FIRM) wi~h base flood depths from one to three 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.
"A.rea of speci.~l 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.
"~Breakaway walls" mean any type of walls, whether solid or lattice and whether
constructed of concrete, masonry, wood, metal, plastic, or any other suitable
building material, which are not part of the structural support of the building
and which are so designed as to breakaway, under abnormally hiOh tides or wave
action, without damage to the structural integrity of the building on which they
are used or any buildings to which they might be carried by flood waters.
"Coastal High Hazard Area" means the area subject to high Velocity waters,
including, but ~Ot limited to, hurricane wave wash or tsunamis. The area is
designated on a FI~ as Zone VI-30.
"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,'excavationor drilling ~Derations.
"Existing. ~. . mobile homepark_, 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 (includinq, 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 uti.lities~ either final site grading or pouring of concrete
pads, or the construction of streets.)
"Flood" or "flooding" means a general and t~mporary 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 ccumulat~on or runoff of surface waters.
from any s~urce.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued
by the Federal Insurance Administration, where 'the boundaries of the areas of
special flood hazard have been designated as Zone A.
"Flood_... Insurance Rate Map (FIP~{)" means an official ~ap of a community, on
which the Federal Iasurance Administration has.delineated both the areas of
special flood hazard and the' risk premium zones applicable to the community.
-4-
.f
"Flood Insurance Study" is the official report provided by the Federal Insurance
Administration. The report contains flood profiles, as well as the Flood Hazard
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 more than one foot.
"Habitable floor" means any floor usable for living purposes, which includes
working, sleeping, eating, qooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a "habitable fto6r."
"Mangrove stand" means an assemblage of mangrove trees which is mostly low
trees noted for a copious development of interlacing adventitious roots
above %he ground and which contain one or more of the f6tlowing species:
'black m~ng~ove ~Avicennia Nitida); red mangrove (Rhizophora Mangle), white
mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta).
"Mean Sea Level" means the average height of the sea for all stages Of the tide.
~obile 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'
"NeW construction" means strnctures for which the "start of construction"
commenced on or after ~he effective date of this ordinance.
"New mobile home Dark or mobile home subdivision" means a parcel (or
contiguous parcels) of land divided into two or.more m6bile home lots for renu
or sale for which the construction of facilities for servicing the lot on which
the mobile home is to he_affixed (including, at a minimum, the installation of
utilities, either final site gradingor the pouring of concrete pads, and the
construction of streets) is completed on or after the effective date of this
ordinance.
"S
and dune~" mean naturally occurrin~ accumulations of sand in ridges or mounds
landward of the beach.
"Start of construction" means the first pla6ement of parmanent construction of
a structure (other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation, including the relocation
of a structure. Permanent construction does not include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings,
piers or f~undations or the erection of temporary forms; nor does it include
th~ installation of the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not as part of the main structure. For
a structure (other than a mobile home) without a basement or poured, footings,
the "Start of construction" includes the first permanent framing or assembly of
the Structure or any part thereof on its piling or foundation. For mobile homes
not withln 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 be 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 ~nd roofed building that-is principally above ground,
as well as a mob~l~ home.
~$ubstantial improvement,'~e~, for a structure built.prior to the enactment
of this ordinance, any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds seventy percent of the assessed value of the
structure either, l) before the improyement or repair is started, or 23 if the '
struct%~re has been damaged and is being restore~, before the damage occurred.
For'the purposes of this definition "substantial improvement" is considered to
ocour when the first alteration of any wall, ceiling, floor, or-other structural
part of the b~ilding commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however, include either
1) amy 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
ordinance which permits construction in a manner otherwise prohibited by ~his
ordinance where speci-fic enforcement would result in unnecessary hardship.
ARTICLE 3. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES'
This ordinance shall apply to at1 areas of special flood hazard within~the
jurisdiction of Boynton Beach, Florida. (local unit)
-6-
.r
SECTION B. BASIS FOR ESTABLISItING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance Administra
tion in its Flood Insurance Rate Map (FIRM), ~120196,0005-B, dated
January 3rd, 1979, and any revisions thereto are adopted by
.reference and declared to be a part of this ordinance; or the areas of special
flood hazard identified by the Federal Insurance Administration through a
scientific and engineering report entitled "The Flood Insurance Study for
the City of Boynton Beach, Florida dated July 1978 with
(local unit} ' '
accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps
and any revision thereto are hereby adopted by reference and declared to be
a part of this ordinance.
SECTION C. ~TABLISHMENT OF BUILDING PERMIT
A Build~n~ Permit ~hall be required in conformance with the provisions of
this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter 'be located, extended, converted, or
structurally altered without full compliance with the terms of this ordinance
and other applicable regulations.
SECTION El ~BROGATION AND GREATER RESTRICTI.ONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easeraents, covenants, or deed restrictions. However, where 'this ordinance
an~ another'conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance all provisions shall
~e: l) considered as m~nimum requirements; 2) liberally construed in favor
of the governing body; and, 3) deemed neither to limit nor repeal any other
_Dowers granted under state statutes.
SECTION G. WARNING AND DISCLAImeR O~ LIAB~I~ITY
The degree of flood protection requi~ed by this ordinance is considered
reasonable for regulatory purposes and-is based on scientific and engineering
~onsiderations. Larger floods can and will occur on rare occasions. Flood
heights may be increased 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
(local unit)
by any officer or employee thereof for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made there-
under.
-7-
SECTION Ho ' PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply with any
of its requirements, including violation of conditions and safeguards
established in connection with grants of variance or special exceptions,
shall be prohibited. Any person who violates this ordinance or fails to
comply with any of its requirements shall, upon conViction thereof, be
.fined not more than $500.00'or imprisoned for not more than 18.0 days~or both
and in addition shall pay all ~osts 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
-(local unit)
such other lawful a~tion as is necessary to prevent or remedy any violation.
ARTICLE 4~ ~DMtNISTRATION
SECTION A. DESIGNATION O~ THE BOYNTON BEACH 'CITY BUILDING OFFICIAL
(local administrator)
The Boynton .Beach City Building Official, hereinafter referred, to as the
"Building Official", is hereby appointed to administer and implement the
provisions of this ordinance.
SECTION B. DL~!ES~ND RESPONSIBILITIES OF THE BUILDING.O~FICIAL
(local administrator)
Duties of the Building Official shall include, but not be limited to:
(local administrator)
1) Review all development permits to assure that the permit requirements
of ~his 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.
3) 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.
4) Verify and record the actual elevation (in relation to mean sea
level) to which the new or substantially improved structures have
been flood-proofed.
-8-
5)
lO)
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.
In Coastal High Hazard Areas, the Buildin~ Official shall
(local administrator)
review plans for the adequacy of breakaway walls in accordance
with Article 5, Section B(5)(h).
When flood-proofing is utilized for a particular structure, the
Building Official shall obtain certification from a registered
~(Iocal administrator)
professional engineer or architect.
Where ~nt~rpretation is needed as'totheexact location of the
boundaries of the areas of special flood hazard (for example, where
%here appears to be a conflict between a mapped boundary and
actual field conditions), theBuilding Official shall make the
(local administrator)
necessary interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity ~o appeal' the
ihterpretation as provided in this article.
When base flood elevation data has not been provided in accordance
with A~ticle 3, Section B, then the Building.~ffi¢ial shall
(local administrator)
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.
Ail records pertaining to the-provisions of this ordinance shall
be maintained in the office of the Building Official a~d
(local administrator)
shall be open for public inspection.
-9-
SECTION C. PERMIT PROCEDURES
Application for a Development Permit shall be made to the Buildin? Official
(local administrator)
on form's furnished by him and may include, but not be limited to, the
following plans in duplicated~awn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing or proposed
structures, fill storage of materials; drainage facilities, and the
location of the foregoing. Specifically, the following information is required:
1) Elevation in relation to mean sea level of the lowest floor
(including basement) of all structures.
2) Elevation"in relation ~to mean sea level to which any non-residential
structure has been flood-proofed.
3) Provid~ a ~ertificate from a registered professional engineer or
architect that the non-residential flood-proofed structure meets the
flood-proofing criteria in Article 5, Section B(2).
4) Description of the extent to which any watercourse will be altered
or relocated as. a result of proposed development when approval has
been obtained from the appropriate regulatory agencies.
SECTION D. VARIANCE PROCEDUP~S
1) The Building Board of Adjustments and Appeals{ hereinafterreferred to
(appeal board)
as the "Board of Appeals", as established by the City of Boyn%on
(local unit)
Beach, shall hear and decide appeals and requests for variances from
%he requirements of this ordinance.
The'Board of Appeals shall hear and decide appeals when it is
(appeal board)
alleged there is an error in any requirement, decision, or determina-
tion made by the Building Official in the enforcement or
(local administrator)
administration of this ordinance.
3) Any person aggrieved by the decision of the Board of Appeal~
(appeal board)
or any taxpayer may appeal such decisioa to the
Circuit Court , as provided by Florida Law.
{name of appropriate court) (statute)
4) 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 remainder of ~his section.
5) In passing upon such applications, the Board of Appeals
(appeal board)
shall consider all technical evaluations, all relevant factors,
- ' standards specified in other sections of this ordinance, and:
-10-
(a) the danger that materials may be swept onto other lands to
the injury of others.
(b)the danger to life and property due to flooding or erosion
damage;
(c) the susceptibility of the proposed facility and its COntents to
flood damage and the effect of such damage on the individual
owner;
Id) the importancE of the services provided by the proposed facility
to the community;
the necessity to the facility of a waterfront location, where
applicable;
({) th~ a~ailability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(g) the comparability of the proposed use with existing and anticipatef
development;
(h) the relationship of the proposed use to the comprehensive plan
and flood plain ~anagement program for that area~
(i) the safety of access to the property in times of flood .for
ordinary and emergency vehicles;
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,
the costs of providing governmental services during and after
flood conditions including maintenance and repair of public
utilities ~nd facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing items (a - k) have been fully considered. As the lot
size increases beyond the one-half acre, the technical justifica-
tion required for issuing the variance increases.
-11-
7)
Upon consideration of the factors listed above and the purposes of
this ordinance, the Board of Appeals may attach such conditions to
~(appeal board)
the granting of variances as it deems necessary to further the
purposes of this ordinance.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result~
Conditions for Variances
(a) Va~'iances shall only be issued upon a determination that the
variance is the minimum necessary, considering, the flood hazard,
to afford relief.
(b) Variances shall only be issued upon (i) a showing of good and
sufficient cause; (ii} a determination that failure to grant
the variance would result in exceptional hardship to the
applicant; and, (iii) a determination that the granting of a
var. will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or
.conflict with existing local laws or ordinances.
(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 thereduced lowest
floo~ elevation.
(d) The Building Official '. shall maintain the records of all
(local ~dministrator)
appeal actions and report any variances to the Federal Insurance'
Administration upon request.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL-STANDARDS
In all areas of special flood hazard the following provisions are required:
1)
2)
Ail new construction and substanti~I improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure~
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
-12-
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 infiltrationof flood waters into the systems
and discharges from the systems inte flood waters
6) Any alteration, repair, reconstruction, or improvements to a structure
on which the start of construction was begun after the effective date
of this ordinance, shall meet the requirements of "new construction"
as contained in this ordinance.-
~ECTION'BJ 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 B ~9)
the following provisions are required.
i) Construction - New construction or substantial improvement of any
residential, commercial, industrial-or Other non-residential structure
shall either have the lowest floor, including basement, elevated to
the level of the base flo6d elevation, or together with attendant
utility and sanitary facilities, be flood-proofed so that below the
base flood ~evel the structure is water tight 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
arc.hitect shall certify thai'the standards of this subsection are
satisfied. Such certification shall be provided to the official as
set forth in Article 4, Section C(~).
Mobile Homes
(a} No mobile home shall be.placed in a floodwav or Coastal High
Hazard Area, except in an existing mobile h~me park or
existing mobile home subdivision.
(b) All mobile homes shall be anchored in accordance with Chapter
15C-1.10 of the Rules of the State'of Florida Department of
Highway safety and Motor Vehicles. ''
-13-
(cJ
For new mobile home parks and subdivisions; for expansions to
existing mobile home parks.and subdivisions; for existing mobile
home parks and subdivisions where the repair, reconstruction or
improvement of the streets, utilities and.pads equals or exceeds
fifty percent of value of the streets, utilities and pads
before the repair, reconstruction or improvement has.commenced;
and, for ~obile homes not placed in a mobile home park or
subdivision require:
(i) stands or lots are elevated on compacted fill or on pilings
so that the l=west floor of the mobile home will be at or
above the base flood level;
(ii} adequate surface drainage and access for a hauler are
provided; and,
(iii) in the instance of elevation on pilings, compliance with
Chapter 15C-i.10 of the Rules of the State 'of Florida
Department of }tighway Safety and Motor Vehicles. '*
3) ~.!oodways - Located within areas of special flood hazard established
in Article 3, Section B, are areas designated as floodways.' Since
the floodway i~ an extremely hazardous area due to the velocit'~-'
flood waters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply:
(a) Prohibit encroachments, including fill, new construction,
substantial improvements and other developments unless
certification by a registered professional engineer or
architect is provided demonstrating that encroachments
.shall not result in any increase in flood levels during
occurrence of the base flood di%charge.
(bi If Article 5, Section B(4)(a), is satisfied, all new
construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of Article
5.
(c) Prohibit the placement of a~y mobile homes, except in an
existing mobile home park or existing mobile home subdi-
vision.
-14-
4)
Coastal High Hazard Areas (V Zones') - Located within the areas
o'f special flood hazard established in Article 3, Section B, are
areas designated ~s CoastaI High Hazard Areas. These areas have
special flood hazards associated with high velocity waters from
tidal surge and hurricane wave wash, therefore, the followinq pro-
visions shall apply:
(a) All bUildings.or structures shall be located landward of the
reach Of the mean high tide.
(b) All buildings or structures shall be elevated so that the
lowest supporting member is located no lower than the base
floo~ elevation level, with ~11 spacebelow the lowest supporting
member open so as not to impede the flow of water, except
for breakaway walls as provided for in Article 5, Section B(5) (h).
(c) All buildings or structures shall be securely anchored on
p~lings or columns.
Pilings or columns used as structural support shall be de~i~ne~
and anchored so as to withstand all applied loads of the base
flood flow.
Compliance with provisions contained in ~rticle 5, Section B(5)(b)
(c) and (d) shall be certified to by a registered professional
engineer or architect.
There shall he no fill used as structural support.
There shall be no alteration of sand dun'es or mangrove stands
which would increase potential flood damage.
Breakaway walls shall be allowed below the base flo6d 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:
Design specifications as set forth by a. registered professional
engineer, in accordance with soun'd engineering practice, subject
to approval by the Building Official; the.superstructure itself
must be able to withstand at least thirty (30) percent more
pressure than its breakaway walls.
(f)
(h)
-15-
NOTE: Specifications for breakaway walls should be determined in
consultation with local engineers and architects based on local
conditions. Standard practice is to use a loading of twenty to
thirty pounds per square foot (P,S.F~) as wind load on a vertical
panel facing directly into the wind. This load would correspond to a
wind speed of about 100 miles per hour and should be the minimum load-
which w0~d cause the panels to break away. The maximum loading which
Would not' cause failure to the superstructure is more difficult to
determine but is probably about 50 to 75 pounds p.s.f. Designation of
this limit should be based on such factors as material, cross-section,
and sp~ci~g of pilings or colum~ns upon which the structure sits, the
elevation above the ground, and other assumed loadings on the structure
(i) If breakaway walls are utilized, such enclosed space shall not
be used for human habitation.
(j) Prior to construction, plans for any structure that will have
breakaway walls'must be submitted to the Buitdin~ Officia~
for approval.
(k) Prohibit the placement of mobile homes, except in an existing
mobile home park or existing mobile home subdivision.
(I) ~ny alteration, repair, reconstruction or improvement to a
structure started after the enactment of this ordinance shall
not enclose the space below the lowest floor unless breakaway
walls are used as provided for in Article 5, Section B(5)(h) and
SECTION C. ~TANDARDS FOR AREAS OF SHA?.T.OW FLOODING (AO ZONES)
Located within the areas of special flQod hazard established in Articl~ 3,
Section B, are areas designated.as shallow flooding. These areas have
special flood hazards associated with base flood depths of one to three
feet where a clearly defined channel d~es not exist and where the path of
flooding is unpredictable and indeterminate; therefore, the following
provisions apply:
(1} All new construction and substantial improvements of residential
structures have the lowest floor, including basement, eleva'ted
above the crown of the nearest street to or above the depth
number specified on the community's FIRM.
-16-
(2)
SECTION D.
(1)
All new construction and substantial improvements of non-
residential structures shall:
(a) haue the lowest floor, including basement, elevated
above the crown of the nearest street to or above the
depth number specified on the FIRM, or
(b)- to~ether 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.
STANDARDS FOR SUBDIVISION PROPOSALS
Ail subdivision proposals shall be consistent with the
need to minimize flood damage.
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical'and water systems
located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage
.provided t° reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which i~ greater
than the lesser of fifty lots or five areas.
-17-
Section 2. That the existing flood control ordinance of
the City of Boynton Beach, Florida, being Ordinance No. 78-58,
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
competent jurisdiction to be invalid, such decision shall not
effect the remainder of this Ordinance.
Section 4. Ail Ordinances or partsi~of~O~dinances in conflict
herewith are hereby repealed.
Section 5. This Ordinance shall become effective immediate-
ly upon its passage.
FIRST READING this /~ day of ~
SECOND, FINAL READING AND PASSAGE, this
1979.
1979.
day of
BY:
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
~COUNCIL ~EMBE~/ -
(corporate seal)
-18-