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13-020 1 ORDINANCE 13 -020 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA AMENDING PART III, LAND 5 DEVELOPMENT REGULATIONS WITH AMENDMENTS TO 6 CHAPTER 1, "GENERAL ADMINISTRATION ", ARTICLE II, 7 "DEFINITIONS ", CHAPTER 2, "LAND DEVELOPMENT PROCESS ", 8 ARTICLE IV, "BUILDING DIVISION SERVICES ", CHAPTER 3, 9 "ZONING ", ARTICLE IV, "USE REGULATIONS ", ARTICLE V, 10 "SUPPLEMENTAL REGULATIONS ", CHAPTER 4, "SITE 11 I DEVELOPMENT STANDARDS ", ARTICLE V, "MINIMUM OFF - 12 I STREET PARKING REQUIREMENTS ", ARTICLE VII, "EXTERIOR 13 ; LIGHTING STANDARDS ", ARTICLE X, "FLOOD PREVENTION 14 REQUIREMENTS "; PROVIDING FOR CONFLICT, SEVERABILITY, 15 INCLUSION; AND EFFECTIVE DATE. 16 17 1 WHEREAS, in 2010, the City Commission approved a comprehensive update to the 18 City's Land Development Regulations; and 19 WHEREAS, as part of the process, staff anticipates the periodic need for updates and 20 amendments in connection with the establishment of new programs or processes or from 21 information gained from the application of current regulations to past or present development 22 proposals or concepts; and 23 WHEREAS, staff recommends the adoption of the attached amendments to the Code 24 of Ordinances and Land Development Regulations as it will help promote business /economic 25 development, make the code more user - friendly, and provide the necessary updates based on 26 lessons learned and processes established subsequent to the 2012 update of the Land 27 Development Regulations. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA: A 30 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 31 ratified and confirmed by the City Commission. \\apps3 city cbb \auto\Data\ 179\ Items \171\2476\3225 \Ord_- _LDR_Amendment(2013) doc 1 1 Section 2. That Part III, "Land Development Regulations ", of the City of Boynton 2 Beach is hereby amended as follows: 3 See attached Exhibit "A" 4 5 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are 6 hereby repealed to the extent of such conflict. 7 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be 8 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 9 way affect the validity of the remaining portions of this Ordinance. 10 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 11 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton 12 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re- lettered 13 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or 14 phrase in order to accomplish such intentions. 15 Section 6. This Ordinance shall be effective immediately after adoption by the City 16 Commission. 17 \ \apps3 city cbb \ auto \Data\179 \Items \171\2476 \3225 \Ord -_LDR Amendment_(2013) doc 2 EXHIBIT "A" CHAPTER 1. GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS COASTAL CONSTRUCTION CONTROL LINE — See FLOOD, Cons rat. CONS IRUC I ION CON1 ROL LINT'.' DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to a single- family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in §. 380.04 Fla. Stat., pursuant to a development order or permit. With respect to workforce housing, it shall mean a proposed development at one location which includes at least 10 residential units for which site plan approval is required. With respect to flood prevention requirements, it shall mean any man -made change to improved or unimproved real estate, including but not limited to. buildings or other structures. tanks. temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving. excavations. drilling operations or any other land disturbing activities. ESSENTIAL SERVICES AND INFRASTRUCTURE — Services and infrastructure provided by governmental entity or public /private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the public. This use excludes wireless communication facilities (WCF). ,ervices and infrastructure (including but not limited to gas, electrical. potable water, sanitary sewer) . - - • . afety. conk enience. and welfare. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. FLOOD (FLOODING) - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. ALTERATION OF A WATERCOURSE - A dam. impoundment, channel relocation, change in channel alignment, channelization. or change in cross - sectional area of the channel or the channel capacity, or any other form of modification which may alter. impede, retard or change the direction and /or velocity of the riverine flow of water during conditions of the base flood. ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers. Reston, VA. BASE FLOOD - A flood having a one percent (1%) chance of being equalled or exceeded in any given year. The base flood is commonly referred to as the "100 year flood" or the "1- percent- annual chance flood." 1 BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). BASEMENT - The portion ofa building having its floor subgrade (below ground level) on all sides. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. DESIGN FLOOD - The flood associated with the greater of the following two areas: 1) Area with a floodplain subject to a 1- percent or greater chance of flooding in any year; or 2) Area designated as a flood hazard area on the community's flood hazard map. or otherwise legally designated. DESIGN FLOOD ELEVATION - The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet. ENCROACHMENT - The placement of fill. excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas FLOOD DAMAGE - RESISTANT MATERIALS - Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. FLOOD HAZARD AREA - The greater of the following two areas: 1) the area within a floodplain subject to a one (1)- percent or greater chance of flooding in any year; and/or 2) the area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. FLOODWAY ENCROACHMENT ANALYSIS - An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations: the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities. port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities: the term does not include long term storage or related manufacturing facilities. 2 HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations. and other planimetric features. Letter of Map Revision Based on Fill (LOMR - F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation. a Letter of Map Revision maN he issued by FEMA to revise the effective FIRM. LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding an N. unfinished or flood - resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non - elevation requirements of the Florida Building Code or ASCE 24. SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A. AO. A l A30. AE, A99, AEI, V 1 V30, VE or V. FLORIDA BUILDING CODE (FBC) - The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building: Florida Building Code. Residential; Florida Building Code, Existing Building: Florida Building Code, Mechanical; Florida Building Code, Plumbing: Florida Building Code, Fuel Gas. 3 GOVERNMENT — A principal or accessory use that provides both essential and non - essential services /infrastructure to promote the health safety. and general welfare of the public. For clarification, this use does not include wireless communication facilities, SCHOOLS. or SOCIAL SERVICE AGENCIES. The five (5) categories of governmental uses are as follows: MUNICIPAL OFFICE/EMERGENCY /CIVIC FACILITIES CITY COMMUNITY FACILITIES municipal governmental use such as an administrative office, public safety station or substation, civic center, library, recreational centers. and other similar uses that are typically accessed by the public, including pubic parking facilities established primarily forthc benefit and service for the population of the community in which it is located. MUNICIPAL UTILITY /SUPPORT FACILITIES — A municipal use such as an electric power facility, wastewater treatment plant, recycling center, solid waste transfer station, and maintenance /storage facility that provides an essential utility or support service without direct access to the facility by the public. NON - MUNICIPAL OFFICE FACILITIES — A non - municipal governmental or quasi-public use, excluding a POST OFFICE, which typically functions in a regulatory capacity and directly serves the public, such as administrative offices (e.g., employment, health. public assistance, etc.), motor vehicle registration and licensing services, and judicial buildings. NON - MUNICIPAL UTILITY /SUPPORT FACILITIES —A non - municipal governmental or quasi- public use that provides essential utility and support services and infrastructure to the public such as an electric power facility. wastewater treatment plant, recycling center, solid waste transfer station. maintenance /storage facility, or bus /train station. POST OFFICE - A government operated facility that provides mail delivery services, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. MANUFACTURER'S REPRESENTATIVE — An establishment primarily engaged in providing customer service to the public on behalf of a manufacturer in an office -type of setting, primarily through pre - arranged appointments. The business owner typically markets the product line to the customer through the use of catalogues. brochures. or samples. and takes product orders, and relays product orders to the manufacturer. Inventory for point -of- purchase sales shall not be allowed. Individual items may be shipped directly to the representative for pickup by the customer; however, large items or bulk goods are shipped directly to the customer, because the business use is deemed to be an office rather than a retail, warehouse. or distribution operation. warehouse clubs in that they do not sell a wide range and mix of merchandise. SMALL WIND ENERGY SYSTEM (SWES) — A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics. and which is intended to primarily reduce on -site consumption of utility power and/or to serve an educational purpose. The total height is measured at the tip of the blade or the highest piece of equipment attached thereto. In case of building- mounted towers. the height of the tower includes the height of the building on which it is 4 mounted. For clarification, any SWES that is affixed to a building shall comply with the maximum height and minimum setbacks required for an at -grade tower. SOCIAL SERVICE AGENCY - A non - regulatory public or private not - for -profit establishment providing a combination of support services, resources, and activities, including counseling (except for drug and alcohol addiction), education, training and referral; and soliciting funds to be used for these and related services. Also includes establishments with community improvement and neighborhood development functions. Excludes establishments providing overnight accommodations, medical clinics dispensing prescription medications, and on -site food preparation and consumption; on -site food distribution is permitted only if part of the establishment's service mix and not its main objective. WAREHOUSE, INTERNET SALES - A warehouse -type of establishment that stores, packs, or ships merchandise that is sold primarily over the internet, and wherein customer visits occur infrequently. The business may have an accessory showroom area and /or auction activity: however, any such space dedicated to a showroom shall not exceed 20% of the gross floor area, and any auction activity is restricted to weekends only. CHAPTER 2. LAND DEVELOPMENT PROCESS. ARTICLE I. OVERVIEW... ARTICLE II. PLANNING AND ZONING DIVISION SERVICES... ARTICLE III. ENGINEERING DIVISION SERVICES... ARTICLE IV. BUILDING DIVISION SERVICES Section 1. General... Section 2. Building Permit... Section 3. Sign Permit... Section 4. Variances. A. General... B. Submittal Requirements... C. Review Criteria... D. Approval Process... E. Expiration. See Section 112 of the City's Administrative Amendments to the 2010 FBC 2007 F lorida Building Code for the rules and regulations regarding the expiration of a variance granted by the Building Board of Adjustment and Appeals. F. Miscellaneous. 1. Conditions of Approval. The Building Board of Adjustment and Appeals may prescribe appropriate conditions and safeguards on the approval of any variance in accordance with Section 112 of the City's Administrative Amendments to the 2010 FBC 2007 Florida Building Code. 2. Flood Prevention Variances. Any applicant to whom a variance from the flood prevention requirements has been granted shall be given written notice specifying the difference between the base flood elevation and the 5 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. a. Historic Buildings and Structures. Variances from flood prevention requirements to may be issued for the The repair, improvement. reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or the Boynton Beach Register of Historic Places, are eligible for variances from the flood prevention requirements of the LDR without regard to the procedures set forth in the remainder of this section upon evidence by the applicant that such actions would adversely impact the historic designation of the structure. The Director of Development or designee shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. b. Functionally Dependent Uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct ofa functionally dependent use, as defined in this ordinance. provided the variance meets the requirements of subsection "a" above, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Section 1. Operational Performance Standards. Section 2. Hazardous / Toxic Waste and Substances. Section 3. Use Regulations. A. General... B. General Rules of Use Matrix... 1. Vacant Box... 2. Business Activity... 3. Terms... 4. Column Headings in Title Block... 5. Fire Department Hazardous Material Disclosure. .. 6. Drive - Through Facilities. Drive -up, drive - through, and drive -in facilities require conditional use approval unless otherwise specified. The facility, including the stacking lanes must not be visible from public rights -of- way where located within the SMU district, MU -L 1 district, MU -L2 district, and MU -L3 district. Furthermore, these facilities are prohibited in the MU -H and PID districts for all establishments listed under the "Commercial" and "Public 6 & Civic' use group. See Chapter 4, Article VI, Section 3.F for additional standards regarding queuing and vehicular stacking. 7. Distribution of Narcotics and Other Controlled Substances... 8. Prohibited Use of Public Parking Spaces... 9. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chapter 1, Article 11 are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional regulations and standards, such as landscaping or other types of screening may apply on a case-b‘ -case basis as determined by the Director of Planning & Zoning. 10. 4, Miscellaneous. It should be noted that each use category may contain additional limitations or restrictions. Please refer to the Definitions (see Chapter 1, Article II), the applicable zoning district regulations in Chapter 3, Article III, and the Supplemental Regulations in Chapter 3, Article V. C. Use Matrix Legend... D. Use Matrix (Table 3 -28). This space intentionally left blank — see next page. 7 REC , `° a r N M PU A Cl VD PID 0. ...t,) a. a. 4I ar I z MU -H a c^ a.N ■i 2-� a.� 1 MU -L3 0. c. r-- a a.`D L MU -L2 0. a. a. r a 0. O MU -L l a. 0. ^ a . r ■ F- P. `O SMU 4.° 0. r- 0.h aN 1 a.. 1.1? 2.1 0.` H PCD a a 0. 4.1 a. a.I a, ,-; Q z CBD a a a ■ a 2.1 a. 4 d C - Z a° a a a a a, a.1 a. a p U w o C - O 0.„`O, Q a. .. a- at.i s a. a_i a. C4 a C -2 .a a^ i g W 0- -- P. P. — W a _ ° 0.t ^, a. xi a W o0 ACC ■ =_ . C l z U I w a, =� Q W .. G ■-■■ F- MHP w w O w c4 - z PUD ■-■■ a, w IPUD Ai ■ Q R-3 0. 4 M 0.I xl 0. 0o x ..1_ 0. 0o a . oo a � U r O R -2 ■.■■ L r cg R -1 -A R- 1-AA ■-■■ R- 1 -AAB 3 at '� c - ?.. a w - b y O" a 2 i O . v o O 0 . a , a on 0° M I � —' an y v . `o c 6 1 C U N U o l.. v: Q y O -7 '> c n N C. O U N V = O C ^` W U a, ) Q u I n, id v -p `a w, 7: c a,Gc ¢� 1 c_) ° zc� x a .L ma, zz a � 1 ` 1 REC �IQ �} 0. ;1 j RU .,,. 0 . } & ai » z � . . 0.. r- \ PID mo d» �%%I Z M-1 a a. > as - \ — ' . . . . . . ._. .. . . . . . a_ MU -H z. - a. - q a. » n. w$ _ a. - ' MU-L3 a. 3 a. = %Q 0 .» 0. © $ u - U 0 . 7 _ , _ \ MU-L2 z3 4 a =3Dj zy zf ` I z. 7Z MU -L1 zZ = =32 aG 0 .I __ » 0. ma v �3 = SMU - - ® 0. ] �' 0. PCD * a.Q z. » a. es} u o a. CBD a a 0.Q �> me % 0 ) C-4 - z. Q �> �wi u / Ga7 u .. § C-3 k z. a. <-1 '9 ,+e} » d 2 C-2 0.- 0.IQ k a.> a. a } ON ¥ / C -1 b CO » - . 2 a MHP \ # �i . ¥ PUD / �» 4 k IPU D \ a. » E ©\/ R-3 f£ a=Q z.» i 3 \ R-2 9 9 z. } 2 cg R-1 z. » z. i R-1-A z.» , i R1- 4 z. # } R1 -&B �J z. } .�. ........... P. / : y=/ - - : a. \Ii 2j 2 � \ Z - ) ± § - 3 ',... - - }/ [ ] § k 2 \2 r _., \ ._ _ __ - E 2 / - 2 7 ` _ - _ L L zQ4 \\ / L \ \\ \ 2Z 2 \ / \ \\ ,\ \ \ \1 REC - PU \ PI P. AGQ »3 \ 7 M-1 ® MU- P.. MU-L3 a. £ 3 $ MU-L2 a. £ \ MU -L1 0. £ SMU As.& PCD 0.. / % CBD f \ ¥ / 2-4 % clJ / C-3 a \ G § - .7. C-2 & �« / 2 c) j . ! § 0- 2 / , . — -- . k / MHP [ v PUD 3 \ z \ IPUD \ / R-3 g-i\ \ \ R-2 \ R1 !- R-1 -A A R-1 -A AB u/y _ _ - 020 _ «g ; - )ee ƒ - /3\ // « �Q� G@ /i USE REGULATIONS 1. General Note. Gross floor area shall not exceed 5,000 square feet. 5. General Note. This use shall be prohibited on the first floor. 11. General Note. This use shall be integrated into a mixed use building or development. 18. Ocean Avenue Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Ocean Avenue Overlay Zone (OAOZ). b. Any proposed non - residential use that would abut a side property line of a residential use located on Northeast 1st Avenue or Southeast 1st Avenue requires conditional use approval. c. Any allowable use is considered permitted by right, provided that it is proposed on property with frontage on Ocean Avenue; otherwise conditional use approval shall be required. Additionally, no existing uses shall be deemed non - conforming. d. Professional and technical schools allowed in the OAOZ are limited to those that teach the culinary and visual arts. 22. General Note. This non - industrial use is allowed within the M -1 district, provided that it 1) is located within a multiple- tenant development on a lot that fronts on an arterial roadway; 2) does not exceed 5,000 square feet; 3) excludes a drive -up, drive - through, or drive -in facility; and 4) complies with all off - street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 24. General Note. This non - industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option. 25. General Note. This non - industrial use is allowed within the PID district provided it is located on a lot that has a Governmental & Institutional (G &I) land use option. 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (I) land use option. 28. General Note. This non - industrial use is allowed within the PID district provided it is located 1) on Lot 3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 31. General Note. This non - industrial use is allowed within the PID district provided it is located on a lot that has an Office (0) land use option. No drive - through facility shall be allowed in connection with this use. 11 USE REGULATIONS 62. Automotive, Minor Repair. a. C -2 district. AUTOMOTIVE, MINOR REPAIR is allowed as an accessory use to a GASOLINE STATION. Conditional use approval is required for this component of the establishment. b. C -3 district. (1) As an Accessory Use. AUTOMOTIVE, MINOR REPAIR is allowed as an accessory use to a GAS STATION and also to AUTOMOBILE RENTAL, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use... c. C -4 district... d. PCD district... e. M -1 district... b. PID district... 68. Personal Care (Beauty, Hair, Nails). a. R -3 district, PUD district, C -2 district, C -3 district, C -4 district, CBD district, PCD district, all "Mixed Use" districts and PID district. In these districts, body piercing and tattooing are allowed, but only as accessory to a lawful principal use. In the M -1 district however, such businesses are allowed as a principal use, but only in accordance with Section 3.D.4 above. 74. Social Service Agency. a. R -2 district and R -3 district. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: Arterials and collectors. (2) Size. The maximum building size shall be limited to 2,000 square feet (per lot); however, for properties located within the boundaries of the Federal Highway Corridor Redevelopment Plan, the maximum building size may be larger, but 4-a-E1 not to exceed 5,000 square feet. (3) Design. Building design shall be consistent with surrounding residential styles. 12 USE REGULATIONS (4) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single- family residential zoning districts. 82. Theater. All outdoor style theaters (i.e. band shell, amphitheater) require conditional use approval. 85. Government, Municipal Office /Emergency /Civic Facilities C F a c iliti e s . a. All districts. Conditional use approval shall be required for gross floor area in excess of 5,000 square feet. All districts. All buildings and properties that are city owned and / or operated and engaged in the performance of a public function may be permitted in any district as defined herein. However. this excludes storage. ma' • • - . ' ' - . on site. b. Ocean Av cnee ONerlay Zone. Where located within the OAOZ, community facilities, excluding public parking, shall be restricted to the arca of Ocean A -•enue between Seacrest Boulevard -and Northeast 1 86. Government, Non - Municipal Office Facilities. Essential Scrv !ccs. a. All "Mixed Use," M -1 district, and PID district. This use shall be integrated into a multiple- tenant building. It must not 1) occupy more than 50% of the gross floor area of anv given building or 2) exceed 30% of the gross floor area of the mixed use development. where applicable. b. M -1 district. This non - industrial use is allowed within the M -1 district provided that it 1) excludes a drive -up, drive - through, or drive -in facility: and 2) complies with all off- street parking requirements of Chapter 4, Article V. • - . ' - • 2. A- r -t+cle and s et screenine oil all sides with walls or acceptable landscaping as described in Chapter '1. Article 11 87. Day Care. a. R -1 -AAB district, R -1 -AA district, R -1 -A district, R -1 district, and PUD district. The following applies to facilities to be located within zoning districts limited to single family homes: (1) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article Section 5.G 111, Section 3.G.7. 13 USE REGULATIONS (2) Lot Size. A minimum of one -half (0.5) acre. (3) Separation. Minimum separation requirement between DAYCARES shall be 2,400 feet (this distance separation requirement should not apply to daycare uses limited to specific groups such as CHURCH members, and should not be intended to place restrictive limits on the expansion / improvement of those uses existing prior to codification. b. R -2 district and R -3 district. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors; (a) Lot size. A minimum of one -half (0.5) acre One (1) acre; (b) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between outdoor play areas shall be maximized; (c) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section 5.G 111. Section 3.G 7. (d) Separation. Minimum separation requirement between DAY . .. ... not apply to daycare uses limited to specific groups such as CIIURCII c. PCD district. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C -3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of 200 feet. Section 4. Conditional Uses... Section 5. Non - conforming Uses... Section 6. Penalties... ARTICLE V. SUPPLEMENTAL REGULATIONS 14 USE REGULATIONS Section 1. General... Section 2. Walls and Fences... Section 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences... A. Building Appurtenances... B. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed and Uncovered). Unless otherwise regulated by a master plan or site plan for a planned development, unenclosed and uncovered decks, patios, steps, stoops, and terraces less than or equal to one (1) -foot in height shall be setback at least two (2) feet from any property line. Those with heights greater than one (1) foot but less than or equal to three (3) feet shall be setback at least three (3) feet from any property line The aforementioned setbacks may be further reduced. but only in connection with a swimming pool as provided for in accordance with Section 3.D below. In both instances however, they shall be maintained and drained so as to prevent nuisance conditions to the public and /or abutting property owners. Decks, patios, steps, stoops, and terraces greater than three (3) feet in height shall comply with the minimum setbacks required for the principal building. Driveways for residential off - street parking areas shall be regulated in accordance with Chapter 4, Article V, Section 2.B. C. Screened -Roof Enclosures... D. Swimming Pools and Spas. Unless otherwise regulated by a master plan or site plan for a planned development, in- ground and above - ground swimming pools and spas (less than 36 inches in height) shall be setback at least eight (8) feet from rear and side interior property lines: however, such required setbacks may be reduced to two (2) feet in instances where the rear or side interioryard, whichever is applicable, abuts a body of water, golf - course. an improved road. railroad, or highway right -of -way, or a non- residential property. The required setback may be further reduced in such situations, but only upon the determination of the Director of Planning & Zoning when determined necessary to 1) comply with all applicable rules and regulations; 2) be of minimum scale that will make possible the reasonable use of land; and 3) have no impact to abutting properties. For clarification. the provision to reduce setbacks shall only be available within the yard(s) along property lines abutting the qualifying undevelopable or non - residential lands. Above - ground swimming pools and spas greater than 36 inches in height shall be setback 10 feet from rear and side interior property lines. In all instances, swimming pools and spas shall not be allowed within the required front or corner side yards, including forward of the front or side corner building lines. Swimming pools and spas shall be regulated as follows 15 USE REGULATIONS of a development ahutting other than residential property. They shall not be • front or side comer huildin2 line r • .... . _ .. Above - gro sw infrnin pools and spas shall he setback at least 10 feet from rear and interior side property lines. Fhey shall not he allowed within the requ+ ont or corner aide yards- nncluding forward of the front or side corner building lines. 1. - Private Pump Housing and Equipment. Private pump housing and equipment for swimming pools (and spas) shall be setback at least three (3) feet from the rear and interior side property lines and adequately screened where visible from abutting rights -of -way or properties zoned for single- family residential dwellings. Private pump houses and equipment shall not be allowed within the required front or corner side yards, including forward of the front or corner side building lines, unless approved for an administrative adjustment if it is determined that no other on -site location is available or feasible. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the administrative adjustment process. 2. -f- Miscellaneous. See the Florida Building Code for additional regulations regarding barrier requirements around a swimming pool. E. Sheds and Storage Containers... F. Arbors, Trellises, and Pergolas... G. Open Air Structures and Gazebos... H. Barbecue Pits... L Rock Gardens... J. Garden... K. Fish and Lily Ponds... L. Fountains, Sculptures, and Miscellaneous Art... M. Playground Equipment... N. Flags and Flagpoles. In addition to the standards listed below, the maximum size of any one (1) flag shall not exceed 24 square. For the purpose of this subsection, building height shall be construed to be the highest point of the roof. 1. Flagpoles. A flagpole, which contains no more than one (1) structural ground member for support, shall be setback at least 10 feet from any property line. a. Single - Family and Two - Family Residential Districts. Qfy one (1) flagpole, containing a maximum of two (2) flags, may be erected per lot. The maximum height of a flagpole shall neither exceed the building height nor 25 feet, whichever is less. No flags of any commercial nature may be flown on flagpoles located within any of these districts. 16 USE REGULATIONS b. All Other Districts. Only one (1) flagpole, containing a maximum of two (2) flags, may be erected per lot / development. The maximum height of a flagpole shall neither exceed the building height nor 45 feet, whichever is less. c. Certain Uses. A maximum of three (3) flagpoles, containing one (1) flag each, may be erected per lot / development for the following uses (as described by the Use Matrix (Table 3 -28) of Chapter 3, Article IV, Section 3.D: Community Facilities, Schools (Primary and Secondary), and Post Office. Two (2) flags may be flown on single flagpole if only one (1) flagpole is erected for the entire development. 2. Stanchions (Affixed to Buildings). A maximum of two (2) stanchions, containing one (1) flag each, may be allowed per lot / development. a. Size. The total projection of a stanchion shall not exceed nine (9) feet in length. b. Maximum Height. The projection of the stanchion, in conjunction with its angle, shall not cause the top of the stanchion to be taller than the existing building height. c. Minimum Clearance. A minimum dimension of nine (9) feet shall be maintained under the flag, where needed to provide adequate clearance for pedestrians. d. Location. Stanchions shall only be affixed to principal buildings. They may protrude into any required yard setback but shall not extend outside the property boundaries, except in instances where they protrude into an abutting right -of -way. The owner shall obtain all necessary approvals and permits where stanchions protrude into a public right -of -way. 3. Wireless Communication Facilities. See Section 13 below for regulations regarding flagpoles that are used in connection conjunction with Concealed Wireless Communication Facilities. O. Seawalls, Bulkheads, Docks, and Piers. P. Light Poles and Portable Landscape Lighting... Q. Mailboxes... R. Heating, Ventilation, and Air Conditioner (HVAC) Units... S. Utility Transmission Lines... T. Generators and Fuel Tanks... U. Compost Bin and Tumbler... V. Rain Barrel... W. Solar Photovoltaic (PV) Arrays... 17 USE REGULATIONS X. Windmills and Small Wind Energy Systems (SWES). Windmillsandsmall wind energy systems (SWES) are allowed in a limited number of zoning districts. contingent upon compliance with the following: 1. Maximum Number, Height, and Minimum Setbacks. Maximum Zoning District Number per Maximum Height Minimum Setback Lot Ratio Ali Commercial I 2 25 feet and Mixed Use All Industrial 1 per acre 75 feet' I :1 All N/A 75 feet Miscellaneous Height limitations imposed by the Federal Aviation Administration shall supersede any of the regulations contained herein. No restriction shall apply with respect to the total number of structures if the subject property is owned or leased by the City. 3 If proposed in Quantum Park, the maximum height shall be restricted to 25 feet, except if proposed on a lot that has a Government & Institutional (G &I) or Industrial (I) land use option. Minimum required setback is equal to tower height. 2. Unauthorized Access. a. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. b. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground. 3. Ground Clearance. At its lowest point, the tip of any turbine blade shall be no less than 15 feet above the surface of the ground. 4. Tilt -Down Capability. The SWES shall be designed with tilt - down capability where located within commercial and mixed use districts and such facility shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. For clarification, these provisions shall be applied to all SWES located on lots in Quantum Park wherein the 25 -foot height restriction is applicable. 18 USE REGULATIONS 5. Automatic Overspeed Controls. All SWES shall be equipped with manual and automatic overspeed controls to limit blade rotation speed to within the design limits of the system. 6. Disconnect. A means of disconnecting the SWES power source in an emergency shall be provided. This equipment shall be located adjacent to the electric meter on residences and near the shunt trip on non - residential buildings. 7. Electrical Wires. All electrical wires shall be installed underground. 8. Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). 9. Sound.Audible noise due to SWES operations shall not exceed 55 dBA or 10 decibels treater than ambient noise levels, measured at the nearest property line. Sound levels may be exceeded during short -term events out of anyone's control such as utility outages and /or severe wind storms. 10. Appearance. The exterior finish shall be a single non - reflective neutral color maintained throughout the life of the unit, excluding identification and warning markings. The equipment. conduit. and associated facilities shall be painted to complement existing structures. No lattice or use of guyed wires shall be an allowable component to the design a SWES. 11. Signage. All signs shall be prohibited, other than the manufacturer or installer's identification or those used for safety /informational purposes. The intent is that no advertising shall occur in connection with a windmill or SWES. Safety signs shall include no trespassing," "high voltage, " and the phone number of the property owner or operator to call in case of an emergency. 12. Abandonment. The governing body of the City finds that junked, wrecked, dismantled, inoperable or abandoned SWES in and upon private real property within the City is a matter affecting the health. safety, and general welfare of the citizens of the City. If a SWES is inoperable for six consecutive months the property owner shall be notified that they must, within six months of receiving notice, restore their system to operating condition. If the property owner fails to restore their system within the required six -month time frame, said owner shall be required, at his expense, to remove the wind turbine from the tower. The tower shall then be subject to the provisions of City ordinances pertaining to nuisances. 13. Certification. All SWES shall be certified under a program recognized by the American Wind Energy Association. Wifid . used to aerate wet detention ar s, provided that such structures are located in nonresidential zoning districts. designed as monopole, 19 USE REGULATIONS . t-pfeteet-nest-i-he and feeding sites for birds. ll windmills shall be lowered to the prone position at least 12 hours upon-the posting of a tropical storm or hurricane watch All windmills shall be kept in • CHAPTER 4. SITE DEVELOPMENT STANDARDS. ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS... ARTICLE II. LANDSCAPE DESIGN AND BUFFERING STANDARDS... ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS... ARTICLE IV. SIGN STANDARDS... ARTICLE V. MINIMUM OFF - STREET PARKING REQUIREMENTS Section 1. General... Section 2. Standards... A. General... B. Table 4 -17. Residential and Lodging Uses... C. Table 4 -18. Commercial and Office & Health CarelO€ fee Uses. Commercial and Office & Health Care/Offiee Uses Standard Number of Required Parking Spaces Building area is based upon gross floor area (in square feet) unless specifically expressed otherwise Any Non - residential use (minimum): 4 or 1 per 200, whichever is greater' Shopping center: 1 per 200 Office- Retail Complex: 1 per 200 Restaurant: 1 per 2.5 seats - no less than 1 per 100 Bar & Night Club: 1 per 2.5 seats - no less than 1 per 100 Gasoline Station: 1 per 250 Grocery Store: 1 per 200 Auto Car Wash (Polishing, Waxing, Detailing) Automated (no employees) N/A Full- Service 4 per tunnel Auto Car Wash, Self- Service Bay: 2 per bay Auto / motorcycle / truck, trailer, rec vehicle sales / rental: 1 per 500 Automotive, Repair Major and Minor 1 per 250' Automotive, Repair (paint and body shops only) 1 per 300 Boat Dealer / Rental: 1 per 500 Coin - operated Laundry or Dry Cleaner: 1 per 250 Copying, Printing, or Sign Design: 1 per 300 Funeral Home: 1 per 200 Pet Care: 1 per 300 Bank and Financial Office: 1 per 250 Medical or Dental Office, Imaging / Testing: 1 per 200 Photography Studio: 1 per 300 Personal Care (Beauty, Hair, and Nails): 1 per 100 20 USE REGULATIONS Furniture and Home Furnishings: 1 per 500 Hospital. 1 per 2.5 beds Taxi, Limousine, and Charter Bus: 1 per 300 Nursery, Garden, and Farm Supply: 1 per 2,000 of outdoor nursery area Travel Agency: 1 per 300 .. _ I per 500 Business / professional office not listed within this subsection: 1 per 300 Establishments not listed elsewhere within this subsection: 1 per 200 1 Non - residential: For the non - residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Indoor child play areas shall be excluded for this purpose if such areas are designed /delineated separate from dining areas and if 20% or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats provided that the number of outdoor seats is 20% or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. 3 The required queuing distance at pump islands shall be in accordance with Chapter 4, Article VI, Section 3.F. Gasoline Station establishments that contain "Automotive, Minor Repair" shall provide for additional parking spaces (see "Automotive, Minor Repair "). 4 Plus one (1) space per 75 square feet of detail, washing, and waxing areas. 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent. 6 Plus one (1) space per 10,000 square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. 7 One (1) space per 250 square feet of gross floor area devoted to office, display of merchandise, and waiting area. In addition, three (3) parking spaces are required for each service bay. The space within a service bay may be counted towards satisfaction of the required parking. However, in no case shall less than four (4) outside parking spaces be provided. 8 In addition, each overhead door and interior spray booth may be counted towards satisfaction of the required parking, provided there is the minimum area (the size of a standard parking space) between an overhead door and an interior spray booth. However, in no case shall less than four (4) outside parking spaces be provided. 9 Plus required parking for any retail floor area. 10 . _ . - . . ! ... - " _ - 1 1 ! ! ... - - - , . - .. - 21 USE REGULATIONS D. Table 4 -19. Arts, Entertainment, and Recreational Uses... E. Table 4 -20 Industrial Uses. Standard Number of Required Parking Industrial Uses Spaces Building area size is based upon gross floor area (in square, feet) unless specifically expressed otherwise Any Non - residential use (minimum): 4 or 1 per 200, whichever is greater' Dry Cleaning Plants: 1 per 500 Publishing and Commercial Printing- 1 per 500 Packing & Shipping, Trucking, and Moving. 1 per 800 Research & Development, Scientific / Technological. 1 per 300 Warehouse, Wholesale, Distribution Multi- tenant building, Multi -use 1 per 500 Single- tenant building, Single -use 1 per 800 Warehouse, Dead - Storage 1 per 1,000 Warehouse, Internet Sales 1 per 700' Storage, Self- Service (Limited and Multi - access): 1 per 75 bays ' Manufacturing and industrial uses not listed elsewhere: 1 per 500 1 Non - residential: For the non - residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed 20% of a single- tenant building or 20% of each bay within multi - tenant buildings. Additional parking shall be required at a ratio of one (1) space per 300 square feet for any accessory office floor area that exceeds 20% of the building / bay(s). 3 Plus one (1) space per 500 square feet of area devoted to showroom /auction room. Plus one (1) space per 300 square feet of office space plus two (2) security spaces, if applicable. F. Table 4 -21 Educational Uses... Section 3. Special Reductions in Required Off - Street Parking... Section 4. Exceptions to Providing Required Off- Street Parking... Section 5. Other Parking Regulations... Section 6. Penalties... CHAPTER 4. SITE DEVELOPMENT STANDARDS. ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS... ARTICLE II. LANDSCAPING DESIGN & BUFFERING STANDARDS... ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS... 22 USE REGULATIONS ARTICLE IV. SIGN STANDARDS... ARTICLE V. MINIMUM OFF - STREET PARKING REQUIREMENTS ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND LOADING STADARDS... ARTICLE VII. EXTERIOR LIGHTING STANDARDS. Section 1. General... Section 2. City Approval Required... Section 3. Standards... Section 4. Community Design. A. General... B. Buildings and Structures... C. Maximum Footcandle and Illumination Levels. Permanent off - street lighting levels for all multiple - family residential and non - residential uses shall not exceed five and nine - tenths (5.9) a maximum of six (6) footcandles for any spot location reading, excluding those areas where higher lighting levels are required for Automated Teller Machines (ATM) or as identified in Crime Prevention through Environmental Design (CPTED). D. Pole (Total Overall) Heights in Relation to Building Height... Section 5. Prohibited Lighting... Section 6. Penalties... ARTICLE VIII. UTILITY AND INFRASTRUCTURE DESIGN STANDARDS... ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION... ARTICLE X. FLOOD PREVENTION REQUIREMENTS Section 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B. Purpose and Intent. The purpose of this article and the flood load and flood resistant construction requirements of the Florida Building Code (FBC) are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. Minimize unnecessary disruption of commerce, access, and public service during times of flooding: 2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage: 23 USE REGULATIONS 3. Manage filling 7r� adin r dred ging, mining,p excavation, drillin operations. storage of equipment or materials, and other development which may increase flood damage or erosion potential; 4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; 5. Minimize damage to public and private facilities and utilities: 6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; 7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; S. Meet the requirements of the National Flood Insurance Program (NFIP) for community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR): and 9. To insure that potential homebuyers are notified that property is in a flood area. and to minimize public and pn ate losses due to flood conditions in specific ar as. 1. Objectives. 1 he specific objectives of this article are h. Iez expenditure of public money for costly flood control projects. c. To minimize the need for rescue and reliefefforts associated with d. To minimize prolonged business- interruptions: .. - - . - . bridges located in floodplains: f. - dev - c lopment of flood prone ar s in such a manner as to minimize c flood blight - areas; and. g . I o insure that potential homebuyers are - • - . . . . 24 USE REGULATIONS 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to: a. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. C. Administration. 1. Administrator. The Building Official shall have the authority to interpret and administer this article. 2. Duties. Duties of the administrator or his designee shall include, but not be limited to: a. Review all development permits to determine whether proposed new development will be located in flood hazard areas to assure that the permit requirements of this article have been satisfied. This includes reviewing applications for modifications of any existing development in flood hazard areas. b. 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. c. Notify adjacent communities and the state department of community affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). 25 USE REGULATIONS d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood - carrying capacity is not diminished. e. 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 Chapter 2, Article IV, Section 2. f. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed, in accordance with Chapter 2, Article IV, Section 2. g. 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. h. In coastal high hazard areas, the administrator shall obtain certification for the adequacy of breakaway walls in accordance with Section 3.C.8 below. i. When flood proofing is utilized for a particular structure, the administrator shall obtain certification from a registered professional engineer or architect. j. 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 administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VIII VII, Section 1.D.2. k. When base flood elevation data has not been provided in accordance with Section 1.D below, the administrator 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 Sections 3 and 4 below. • • . . • . ' 2 ;n,.+e aI^ve the crown of any adjacent roadway. 1. All records pertaining to the provisions of this article shall be maintained in the Department of Development and shall be open for public inspection. 26 USE REGULATIONS m. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant. n. Rev iew applications to determine whether proposed development will be reasonably safe from flooding_ 3. Substantial Improvement and Substantial Damage Determinations. For applications for building permits to improve buildings and structures, including alterations. movement, enlargement, replacement, repair. change of occupancy. additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and anv other improvement of or work on such buildings and structures, the Building Official shall: a. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before anv repairs are made; b. Compare the cost to perform the improvement. the cost to repair a damaged building to its pre - damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure, c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the FBC and this article is required. 4. Notice and Orders. The Building Official shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this article. 5. Other Duties. fhe Building Official shall have other duties. including but not limited to: a. Establish procedures for administering and documenting determinations of substantial improvement and substantial damage; b. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management. State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); 27 USE REGULATIONS c. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps (FIRM) if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; d. Review required design certifications and documentation of elevations specified by this ordinance and the FBC and this article to determine that such certifications and documentations are complete; e. Notify FEMA when the corporate boundaries of the City are modified; and f. Advise applicants for new buildings and structures. including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97 -348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101 -591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on the FIRM as "Coastal Barrier Resource System Areas "' and "Otherwise Protected Areas." g. Floodplain Management Records. Regardless of any limitation on the period required for retention of public records, the Building Official shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the FBC. including FIRM; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage: required design certifications and documentation of elevations specified by the FBC and this ordinance; notifications to adjacent communities, F EMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the FBC. These records shall be available for public inspection at the Development Department. D. Applicability. 1. Scope. This article applies to all development of real property located within the City. including areas of special flood hazard. Development shall include but not be limited to the subdivision of land; filling, grading, and other 28 USE REGULATIONS site improv ements and utility installations; construction, alteration, remodeling. enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles: installation of swimming pools: and any other development. 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for the City of Boynton Beach dated March 31. 1982, and all subsequent amendments and revisions, and the accompanying FIRMs 120196 0001 -0005. dated September 30. 1982, and all subsequent amendments and revisions to such maps. are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file in the Development Department at the City . 3. Additional Data to Establish Flood Hazard Area.To establish flood hazard areas and base flood elevations pursuant to this article the Building Official may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: a. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM. the area shall be considered as flood hazard area and subject to the requirements of this ordinance and. as applicable, the requirements of the FBC. b. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC) that removes the area from the special flood hazard area. This article applies to all arcas of special flood hazard vv ithin the jurisdiction of Boynton Beach. Florida. Those its Flood Insurance Rate Map (FIRM) 120196 0001 0005, dated and declared to he a part of this section. E. Terms and Definitions. See Chapter 1, Article 1I for all applicable terms and definitions which pertain to the regulations and standards contained herein. F. Rules. 1. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. 2. Abrogation. This article supersedes anv ordinance in effect for management of development in flood hazard areas. However, it is not intended 29 USE REGULATIONS to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the FBC. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction. covenant or easement, but any land that is subject to such interests shall also be governed by this article. This article is not intended restrictions. However. where this article and another conflict or overlap. v.hichcvcr imposes the more stringent restrictions shall prevail. 3. Interpretation. In the interpretation and application of this article all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. G. Conflict. Whenever the regulations and requirements of this code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. The provisions of this article shall not be deemed to nullify any provisions of local, state. or federal law. H. Relief from Requirements. Unless described otherwise, any deviation from the flood prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4. I. Warning and Disclaimer. The degree of flood protection required by this article and the FBC, as amended bN this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the FIS and shown on FIRM and the requirements of 44 CFR may be revised by the FEMA. requiring this community to revise these regulations to remain eligible for participation in the NFIP. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. This article shall not create liability on the part of the City or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and v`ill occur. Flood heights may be increased by- 30 USE REGULATIONS special flood hazard or uses permitted within such areas will be free from floodi- ar 4-lead-damages. T his article shall not create liability on the .. - - - , . - . officer or employee thereo'�«� a � Mood damages that result from reliance on this article or any administrative decision law tully made thereunder Section 2. City Approval Required. Any owner or owner's authorized agent who intends to undertake any development activity within the scope of this article, which is wholly within or partially within any flood hazard area shall first make application to the Building Official or designee and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes and regulations has been satisfied. Flood zone elevation certification shall be required for improvements in applicable flood zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. With respect to building and land development permits, the site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include. as applicable to the proposed development: A. Development in Flood Hazard Areas. 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s). and ground elevations if necessary for review of the proposed development. 2. Where base flood elevations. or floodway data are not included on the FIRM or in the FIS, they shall be established in accordance with Section 2.B and Section 2.0 below. 3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five (5) acres and the base flood elevations are not included on the FIRM or in the FIS. such elevations shall be established in accordance with Section 2.B below. 4. Location of the proposed activity and proposed structures. and locations of existing buildings and structures: in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 5. Location. extent. amount, and proposed final grades of any filling. grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material: compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 31 USE REGULATIONS 7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site is seaward of the coastal construction control line, if applicable. 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. 9. Existing and proposed alignment of any proposed alteration of a watercourse. The Building Official is authorized to waive the submission of site plans, construction documents, and other data that are required by this article, but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Building Official shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. 3. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Building Official to not reasonably reflect flooding conditions, or where the available data are known to he scientifically or technically incorrect or otherwise inadequate: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (2) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. 4. Where the base flood elevation data are to be used to support a LOMC from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 32 USE REGULATIONS C. Additional Analyses and Certifications. As applicable to the location and nature of the proposed development activity. and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1!. For development activities proposed to be located in a regulatory floodway. a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations: where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 2.C.5 below and shall submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the FIS or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood - carrying capacity of the altered or relocated portion of the watercourse will not be decreased. and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood - carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 2.C.5 below. 4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 5. When additional hydrologic. hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations. change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS. and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Section 3. Minimum Finished Floor Elevation (Non -Flood Hazard Area). The finished floor elevation of all habitable space of new construction not located in a flood zone shall be elevated a minimum of twelve (12) inches above the average crown height of the adjacent 33 USE REGULATIONS roadway. The finished floor elevation of all habitable space of building additions and /or substantial improvements not located in a flood zone shall be no lower than the existing finished floor elevation. Section 4. Minimum Requirements and Higher Regulatory Standards for Flood Hazard Areas. In all areas of special flood hazard the following provisions are required: A. General Standards. 1. Anchors. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. See Section 5.0 below for anchoring standards for manufactured homes. 2. Materials. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. Design. a. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. b. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. c. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. d. 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 4. On - Site Waste Disposal Systems. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5. Miscellaneous. Anv alteration, repair. reconstruction or improvements to a structure which are in compliance with the provision of this article. shall meet the requirements of "new construction "' as contained in this article. 34 USE REGULATIONS B. Special Flood Hazard Areas (with Base Flood Elevation Data). Inallareasof special flood hazard area where the BFE data have been provided, the following provisions are required: 1. General. New construction of any residential or non- residential structure located in all special flood hazard areas shall have the lowest floor, including basement, elevated to twelve (12) inches above the base flood elevation (BFE). However, any proposed building addition and /or substantial improvement to an existing structure shall only be required to have the lowest floor, including basement, elevated to the BFE in accordance with 44 CFR. Should solid foundation perimeter walls be used to elevate a residential structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 4.B.2 below. Non - residential structures located in all A -zones may be flood proofed in lieu of being elevated provided that all areas of the structure below the required elevation are watertight and with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided as set forth in Chapter 2, Article IV. Section 2.B. 2. Elevated Buildings. New construction or substantial improvements of existing elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. a. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (1) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding: (2) fhe bottom of all openings shall be no higher than one (1) foot above grade; and (3) Openings may be equipped with screens. louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. b. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of 35 USE REGULATIONS maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator): and c. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. d. Electrical, plumbing and other utility connections are prohibited below the base flood elevation; C. Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore: 1. Prohibit encroachments including fill. new construction, substantial improvements, and other development unless certification (with supporting technical data) by a Florida registered engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. 2. if Section 4.C.I above is satisfied. all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article. 3. Prohibit the placement of any manufactured homes (mobile homes) except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined hereinbefore are met. D. Coastal High Hazard Area (V Zones). Located within the areas of special flood hazard established herein are areas designated as coastal high hazard areas. These areas have special flood hazards associated with wave wash: therefore, the following provisions shall apply: 1. All buildings or structures shall be located landward of the reach of the mean high tide and the Coastal Construction Control Line. 2. All buildings or structures shall be elevated so that the lowest supporting member (excluding pilings or columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action. 3. All buildings or structures shall be securely anchored on pilings or columns. 4. All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and 36 USE REGULATIONS water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the 100 -year mean recurrence interval {one percent (I%) annual chance flood }. 5. A Florida registered engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Sections 4.D.2 through 4 above. 6. No fill shall be used as structural support. Non - compacted fill may be used around the perimeter of a building for landscaping /aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The Department of Development shall review design plans for landscaping /aesthetic fill only after the applicant has provided an analysis by an engineer, architect and /or soil scientist, which demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural compaction; and b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and c. Slope of fill will not cause wave run -up or ramping. 7. In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 2.0 above demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with the regulations contained herein. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. 8. Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: a. No solid walls shall be allowed; and b. Material shall consist of wood or mesh screening only. 9. If aesthetic lattice works or screening are utilized. such enclosed space shall not be used for human habitation. 37 USE REGULATIONS 10. Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the development department for review. 11. Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this chapter are met. 12. 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 Section 4.D.8 and 9 above. E. Areas of Shallow Flooding (AO) Zones). Located within the areas of special flood hazard established in Section 1.F are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate: therefore, the following provisions apply: 1. Residential Structures. All new construction and substantial improvements of residential structures and service systems shall have the lowest floor, including basement. elevated to the depth number specified on the FIRM, in feet. above the highest adjacent grade. If no depth number is specified, the lowest floor. including basement, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and /or substantial improvements, the lowest floor, including basement shall be no lower than the existing finished floor elevation. 2. Nonresidential Structures. All new construction and substantial improvements of non- residential structures shall: a. Have the lowest floor, including basement and service systems, elevated to the depth number specified on the FIRM. in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and /or substantial improvements, the lowest floor, including basement, shall be no lower than the existing finished floor elevation. b. Be completely flood proofed to or above that level so that any space below that level has watertight walls substantially impermeable to the passage of water: structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities completely flood proofed. 38 USE REGULATIONS F. Small Streams. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, the following provisions apply: 1. Encroachments. 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 20 feet on each side from top of bank, whichever is greater unless certification by a Florida registered 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. Construction and Improvements. New construction or substantial improvements of structures shall be elevated or flood proofed in accordance with elevations established in accordance with Section 1.C.2.k above. G. Seaward of the Coastal Construction Control Line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area, buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the FBC. Minor structures and non- habitable major structures as defined in Florida Statutes shall be designed and constructed to comply with the intent and applicable provisions of this article and ASCE 24. follow ing provisions are required• 1. Anchors. • new construction and substantial improvements shall be anchored to b. Manufactured Homes. Manufactured homes shall be - - - _ .. • - - ' - . . •- quircmcnts for resisting wind forces. 3. Design. All new construction or substantial improvements shall be 39 USE REGULATIONS 1� - • - - • b • t,o as to prevent water from entering or accumulating ithin the components during conditions of flooding. c. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration • . - • - . - discharges from the systems into flood waters - - • • . ' - . • +went to them or contamination from them during flooding. 5. Miscellaneous. Any alteration, repair, reconstruction or article, shall meet the requirements of new construction as contained in this article. 6. Flood Elevation Data Provided. In all areas of special flood hazard where base flood elev ation data has been provided as set forth in this article. the Residential Construction. New construction or substantial • . - -rimeter walls -he used to elevate a structure, openings soil ic ient to facilitate the unimpeded movements of flouters shall be • . action. New construction or substantial improvement of any commercial. industrial, or other non residential structure shall have the lowest floor. including basement. elevated to the level of the base flood elevation. Structures located in all A zones may be flood proofed in lieu of being elevated provided that all with walls substantially impermeable to the passage of water and with engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided as set forth in Chapter 2, Article IV. Section 2 13 c. Elevated buildings. 40 USE REGULATIONS elevated buildings that include fully enclosed areas formed by - r exterior walls below the base flood destoned to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. I)e' 2ns for complying w ith this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (a) Pro ide a minimum of two (2) openings having a total net area of not Tess than one (1) square inch for every square foot of enclosed area subject to flooding: (b) The bottom of all openings shall be no --der - • ,. nay be equipped with screen-s,--;mss vales or other coverings or devices permit the automatic flow of floodwaters in both directions below the base flood clew: e. Access to the enclosed area shall be the minimum necessary to or finished into separate FO-e-Ri-s. B. Floodwa s. I he follow ing provisions shall apply to floodway s within ar as of special flood hazard established hercinbeforc: improvements. and other development unless certification (with supporting encroachments shall not result in any increase in flood levels during occurrence of the base flood dischar • improvements shall comply • • provisions of this article Section 3 3. Prohibit the placement of any manufactured homes (mobile homes) 41 USE REGULATIONS replacement manufactured home may he placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined herembeforc are met. areas have special flood haiards associated - provisions shall apply: 1. All buildings or structures shall he located landward of the reach of the mean high tide. 2. All buildings or structures shall be elevated so that the lowest supporting member (excluding pilings or columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the Clow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must he designed to wash away in the event of abnormal wave action. columns. 1. All pilings and columns and the attached structures shall be anchored to water loads actin:, simultaneously on all - . • :•-_ - . - - . - and support system shall be designed with wind and water loading values which chance flood } . 5. A 1- lorida registered engineer or architect shall certify that the design, s,pecitications and plans for construction are in compliance with the provisions contained in Sections : C.2 through 4 aloe. ( No till shall be used as . • . • - .. .. . - - • a building for landscaping /aesthetic purposes an engineer. architect and'or soil scientist, which demonstrates that the following factors have been fully considered: a— Particle composition of f i l l material does not have a tendency for excessive natural compaction: and h. Volume and distribution of till will not cause wave deflection to 42 USE REGULATIONS e — Slope of till will not cause wave run up or ramping. 7. [here shall he no alteration of sand dunes or mangrove stands -arch would increase potential flood damage . - . . • .s to breakaway. under abnorm. - - - the are to he used -a-Pel tiled the following design specifications are met: 9. If aesthetic lattice works or screening are utilized. such enclosed space shall not he used for human habitation. 10. Prior to construction. plans for any structure that will have lattice work review 11. Prohibit the placement of maHufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A manufactured home park or subdivision provided the anchoring and elevation 12. Any alteration, repair. reconstruction or impro‘emcnt to a structure shall not enclose the space belew- the lowest floor except fog- lu *s-or . - . . ed w ith base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is 1. Residential Structures. All new construction and substantial the hi2hest adjacent L.yade. im- pfovements of non residential structu 43 USE REGULATIONS H. Have the lowest floor, including basement. elevated to the depth number Specified on the flood insurance rate map. in feet, above the including basement, shall be elevated at {cast two (2) feet above the highest adjacent grade. or b. Be completely flood proofed to or above that level so that any -. : atertight walls substantially impermeable to and utility and sanitary facilities completely' flood proofed. r ;ubdivision proposals: flood damage 2. All subdivision proposals shall have p. • . • • ' . : • • • . - . ;ewer. gas. electrical and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate draina r, - e- sposure to flood hazards. other proposed development which contains more than 54 lots or is larger than five (5) acres. F. Small Streams. Where small streams exist, but where no base flood data 1. Encroae- h+nents. No encroachments. including fill material or . . - . . • hin a distance of the stream bank equal to five (5) any increase in flood levels during the occurrence of the base flood discharge. with clexations established in accordance with Section 1.0 2.k above. Section 5. Specific Requirements by Type of Improvement or Development. A. Utilities. 44 USE REGULATIONS 1. General. All proposed new development shall be reviewed to determine that: a. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding: b. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems). and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E -6, F.A.C. and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 3. Water Supply Facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500, F.AC. and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on Placement of Fill. Subject to the limitations of this ordinance. fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters. prolonged inundation, and protection against flood- related erosion and scour. In addition to these requirements. if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the FBC. B. 1_: Subdivision Standards. 1. General. The following provisions shall apply for all subdivision proposals: a. 4- All subdivision proposals shall be consistent with the need to minimize flood damage. b. 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. 45 USE REGULATIONS c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. d. 4- Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than 50 lots or is larger than five (5) acres. e. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Subdivision Plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: a. Delineation of flood hazard areas, floodway boundaries and flood zones. and design flood elevations. as appropriate, shall be shown on preliminary plats and final plats; b. Where the subdivision has more than 50 lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with the requirements contained herein; and c. Compliance with the site improvement and utilities requirements contained herein of this ordinance. C. Manufactured Homes. 1. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C -1. F.A.C. and the requirements of this article. If located seaward of the CCCL, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent. reinforced foundations that: a. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the FBC. Residential Section R322.2 and this article. b. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the FBC, Residential Section R322.3 and this article. 46 USE REGULATIONS 3. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include. but are not limited to, use of over - the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 4. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 5.C.5 and Section 5.C.6 below, as applicable. 5. General Elevation Requirement. Unless subject to the requirements of Section 5.C.6 below, all manufactured homes that are placed, replaced, or substantially improved on sites located: 1) outside of a manufactured home park or subdivision; 2) in a new manufactured home park or subdivision; 3) in an expansion to an existing manufactured home park or subdivision; or 4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area. in the FBC. Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 6. Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions. Manufactured homes that are not subject to Section 5.C.5 of this article, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: a. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or b. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 7. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the FBC, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 8. Utility Equipment. Utility equipment that serves manufactured homes, including electric. heating. ventilation. plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the FBC. Residential Section R322. as applicable to the flood hazard area. D. Tanks. 47 USE REGULATIONS 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation. collapse or lateral movement resulting from hydrodynamic and hydrostatic Toads during conditions of the design flood. including the effects of buoyancy assuming the tank is empty. 2. Above - Ground Tanks, Not Elevated. Above - ground tanks that do not meet the elevation requirements of Section 5.D.3 below shall: a. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. b. Not be permitted in coastal high hazard areas (Zone V). 3. Above - Ground Tanks, Elevated. Above - ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank - supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank Inlets and Vents. Tank inlets, till openings, outlets and vents shall be: a. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood: and b. Anchored to prevent lateral movement resulting from hydrodynamic and by drostatic loads. including the effects of buoyancy, during conditions of the design flood. Section 6. Appeals. The Building Board of Adjustment and Appeals shall hear and decide on requests for appeals from the strict application of this article and of the flood resistant construction requirements of the FBC. excluding Section 3109 or latest supplement thereof. Section 7. 4 Penalties. The City or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. 48 USE REGULATIONS S \Planning\ SHARED \WP \SPECPROJ \CODE REVIEW\CDRV 13 -002 Interim Amendments lI \Use Matrix Changes doc 49 it 1 FIRST READING this 18 day of June, 2013. 2 SECOND AND FINAL READING ADOPTED this day of , 2013. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 ayor — Je r Taylor 6 7 i 8 Vice ayor — Woodrow L. Hay 9 10 l 11 i Commissioner — D : vid T. Merker / 13 I 1 ;1(, 14 C issio er — ' chael M. Fit e tic 15 16 17 Co issioner — Joe Casello 18 ATTEST: 19 20 ' 21 -� !7G'. 22 /et M. Prainito, Mr 23 p ity Clerk 24 25 Y o 26 27 (Corporate Seal) cA O'. V N �. \ \apps3 city cbb \auto\Data\ 179 \Items \171\2476\ 3225 \Ord_- _LDRAmendment_(2013) doc 3