17-029 ORDINANCE NO. 17-823* 029
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1,
5 ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE
6 VIII, SECTION 1.D, "APPEALS"; AMENDING CHAPTER 2, ARTICLE
7 IV, SECTION 2, "BUILDING PERMIT"; AMENDING CHAPTER 2,
8 ARTICLE IV, SECTION 4, "VARIANCES; AMENDING CHAPTER 4,
9 ARTICLE X, "FLOOD PREVENTION REQUIREMENTS" TO UPDATE
10 DEFINITIONS,BUILDING DIVISION PROCESSES,STANDARDS,AND
11 ADOPT FLOOD INSURANCE RATE MAPS AND FLOOD INSURANCE
12 STUDY IN ACCORDANCE WITH NFIP REQUIREMENTS;
13 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION
14 AND AN EFFECTIVE DATE.
15
16 WHEREAS, the Federal Emergency Management Agency (FEMA) issued Flood
17 Insurance Rate Maps and a Flood Insurance Study report that identified special flood hazard
18 areas in the City and has recently completed a re-evaluation of flood hazards in Palm Beach
19 County; and
20 WHEREAS, on April 5, 2017, the City received notice from FEMA of the final Flood
21 Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps
22 (FIRM) and the requirement to adopt the items by reference within six (6) months; and
23 WHEREAS, staff is recommending approval of the proposed amendments as required
24 by the NFIP and to update reference to the newly finalized Palm Beach County Flood Insurance
25 Study and Flood Insurance Rate Maps; and
26 WHEREAS, the City Commission has considered the recommendations and has
27 determined and finds that it is in the best interest of the citizens and residents of the City of
28 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as
29 contained herein.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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32 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
33 confirmed by the City Commission.
34 Section 2. Chapter 1, Article II, Definitions and Article VIII, Section 1.D, Appeals
35 of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is
36 hereby amended as reflected in Exhibit"A" attached hereto and incorporated herein.
37 Section 3. Chapter 2, Article IV, Section 2, Building Permits and Section 4,
38 Variances of the Land Development Regulations of the City of Boynton Beach Code of
39 Ordinances is hereby amended as reflected in Exhibit "B" attached hereto and incorporated
40 herein.
41 Section 4. Chapter 4, Article X, Flood Prevention Requirements of the Land
42 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended
43 as reflected in Exhibit"C" attached hereto and incorporated herein.
44 Section 5. Each and every other provision of the Land Development Regulations not
45 herein specifically amended, shall remain in full force and effect as originally adopted.
46 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict
47 with any provisions of this ordinance are hereby repealed.
48 Section 7. Should any section or provision of this Ordinance or any portion thereof
49 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
50 remainder of this Ordinance.
51 Section 8. Authority is hereby given to codify this Ordinance. The City Clerk is
52 directed to work with the Land Development Regulations publisher to consolidate this ordinance
53 and the exhibit for publication.
54 Section 9. This Ordinance shall become effective immediately.
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56 FIRST READING this 7th day of September, 2017. ,E
57 SECOND, FINAL READING AND PASSAGE this /Qday of „'"` , 2017.
58
59 CITY OF BOYNTON BEACH, FLORIDA
60
61 YES NO
62
63 Mayor—Steven B. Grant
64
65 Vice Mayor—Justin Katz
66
67 Commissioner—Mack McCray
68
69 Commissioner—Christina L. Romelus
70
71 Commissioner—Joe Casello ,l
72
73
74 VOTE
75
76 ATTEST:
77
78
79 �
80 J of h A. Pyle, C !�
81 C y Clerk
82
83
84
85 (C: ' ; or
rporate Sl)
86
87
BOYNOO
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EXHIBIT"A"
Chapter 1, Article II, Definitions and Article VIII, Section 1.D Appeals.
• • • • . - . • . • • I . _ "_ _ n
BASE FLOOD - See "Flood, Base Flood."
BUILDING/STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the
property line of an adjacent property or from the minimum base flood elevation as established by FEMA,
whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet roofs with
parapets less than five (5) feet in height. Gable, mansard, and hip roof heights shall be measured to the
midpoint between the eaves and the ridge. Rooftop penthouses, stairwells, mechanical and electrical
equipment shall be concealed by or constructed of exterior architectural materials or features of the same
type or quality used on the exterior walls of the main building and may only exceed the maximum building
height pursuant to the provisions of the Land Development Regulations. Walls or retaining walls shall also
be measured from the lowest adjacent property line to the top of the structure excluding column caps, column
capitals and other similar architectural items.
COASTAL HIGH HAZARD AREA - The area below the elevation of the category 1 storm surge line as
established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge
model.
CROWN OF ROAD - The elevation of the highest surface of street pavement within the right-of-way
abutting the property or otherwise approved by the City Engineer.
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 F.S. § 380.04,pursuant to a
development order or permit. With respect to workforce housing, it shall mean a proposed development at
one (1) location which includes at least ten (10)residential units for which site plan approval is
required. With respect to flood prevention requirements, see "Flood, Development." it shall mean any man
structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining,
• .. D : . - I • . .. •• - •- - ° :. ' -
ground.
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. For purposes of Chapter 4, Article X, Flood Prevention Requirements:
1. 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,
1
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.
. • ' . • e - . - • .. - 11 . _ 9 ? • . . _ - • * - - - ' ° ---
insurance rate map(FIRM)with base flood depths from one(1)to three (3) feet where a clearly defined
flow may be evident.
2. 3- 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.
3. 4. BASE FLOOD - A flood having a one percent (1%) chance of being equaled or exceeded in any
given year. The base flood is commonly referred to as the "one hundred (100)year flood" or the "one
percent (1%) annual chance flood."
4. 5- 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).
5. 6: BASEMENT - The portion of a building having its floor subgrade (below ground level) on all
sides.
6. BREAKAWAY WALL - A wall that is not part of the structural support of the building and is
intended to collapse without causing damage to the elevated portion of the building or the foundation system.
7. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida
pursuant to F.S. § 161.053, 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 one hundred (100)-year storm surge,
storm waves or other predictable weather conditions.
8. COASTAL HIGH HAZARD AREA - A special flood hazard area extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas
subject to high velocity wave action" or"V Zones" and are designated on Flood Insurance Rate Maps
(FIRM) as Zone V1-V30, VE, or V. . . - - - . •- -- .
tel-
9. DESIGN FLOOD - The flood associated with the greater of the following two (2) areas: 1) area with
a floodplain subject to a one percent (1%) 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.
10. 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.
11. DEVELOPMENT—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.
12. -1-I- 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.
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13. EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures for which
the "start of construction" commenced before January 3, 1979.
14. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including,at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before January 3, 1979.
15. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OF SUBDIVISON - The
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed(including the installation of utilities,the construction of streets, and
either final site grading or the pouring of concrete pads).
16. 4—? 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.
17. 4-3, FLOOD HAZARD AREA - The greater of the following two (2) areas: 1) the area within a
floodplain subject to a one percent (1%) 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.
been defined.
18. 4-5, FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
19. 41-6. FLOOD INSURANCE STUDY - The official report provided by the Federal Emergency
Management Agency which contains flood profiles, flood boundary-floodway map and water surface
elevation of the base flood.
20. FLOODPLAIN ADMINISTRATOR- The office or position designated and charged with the
administration and enforcement of this chapter(may be referred to as the Floodplain Manager).
21. FLOODWAY - The channel of a watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than one
,(l) foot.
22. 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.
23. -1-8, 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.
24. 4-9, HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
25. HISTORIC STRUCTURE -Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.
26. 2$: 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
3
include:
a. 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.
b. 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.
c. 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.
d. 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 may be issued by FEMA to revise the effective
FIRM.
27. 24, LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any 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.
28. MARKET VALUE -The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of
relevant facts. As used in Chapter 4, Article X, the term refers to the market value of buildings and
structures, excluding the land and other improvements on the parcel. Market value may be established by a
qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of
construction), or the ad valorem tax assessment value adjusted to approximate market value by a factor
provided by the Property Appraiser.
29. NEW CONSTRUCTION - For the purposes of administration of Chapter 4, Article X, and the
flood resistant construction requirements of the Florida Building Code, structures for which the"start of
construction" commenced on or after January 3, 1979 and includes any subsequent improvements to such
structures.
30. NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum,the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on or after January 3, 1979.
31. 22 SAND DUNES -Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
32. 2 SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent (1%) or
greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A,
AO, Al, A30, AE, A99, AH, V1, V30, VE or V.
33. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or structure whereby
the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred.
4
34. SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of
the structure before the improvement or repair is started, or if the structure has been damaged and is being
restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure. The term does not,
however, include (1) Any project for improvement of a building required to correct existing health, sanitary,
or safety code violations identified by the building official and that are the minimum necessary to assure safe
living conditions, or(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
35. WATERCOURSE - For the purposes of Chapter 4, Article X, a river, creek, stream, channel or
other topographic feature in, on, through, or over which water flows at least periodically.
e , • _ _ I ._ ' I •
_ - . .. .. -
MANUFACTURED HOME - A structure, transportable in one or more sections, which is eight(8) feet or
more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral
chassis and is designed for use with or without a permanent foundation when attached to the required
utilities. • - - • . • - - - --, ' . . . - _ . • ._ . . . .. .
- . - - . . . • . - ' - . The structure is designed for long term
occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and
electrical connections provided for attachment to approved utility systems. All wheels shall be removed
prior to the issuance of a certificate of occupancy.
MANUFACTURED HOME PARK- Premises typically referred to as a mobile home or trailer park, where
manufactured homes are installed parked for non-transient living or sleeping purposes.
effective date of this article.
START OF CONSTRUCTION , . • • . • • • • . ' •• • • • • • ' ••• • ° ' . '
. • _• l : , - The date a building permit is issued for new
construction and substantial improvements,provided the actual start of construction, repair, reconstruction or
improvement is within one hundred eighty (180) days of the permit date. The actual start means the first
placement of permanent construction(including a manufactured home) on a site, such as the pouring of slabs
or footings, installation of piles, construction of columns or any work beyond excavation or placement of a
manufactured home on a foundation. Permanent construction excludes land preparation such as clearing,
grading and filling; installation of streets and/or walkways; excavation for a basement, footings,piers or
foundations or the erection of temporary forms; installation on the property of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual "start of construction"means the first alteration of any wall, ceiling, floor or other
5
structural part of a building, whether or not that alteration affects the external dimensions of the building.
Chapter 1, Article VIII, Section 1.D Appeals.
Sec. 1. Administrative Official.
D. Assignment of Appeals. The City Commission or the Building Board of Adjustment and Appeals shall
review all appeals. The assignment of each is as follows:
1. City Commission. The City Commission shall hear and decide all appeals regarding the
administration, interpretation, or enforcement of any standard, provision, or regulation contained in the land
development regulations, except for that which is identified in subparagraph b. below.
2. Building Board of Adjustment and Appeals. The owner of a building, structure, or service system, or
duly authorized agent may appeal a decision of the Building Official or the Floodplain Administrator, as
applicable, in his/her enforcement or administration of Chapter 4, Article IX, Building, Construction and
Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any
one (1) of the following conditions are claimed to exist:
a. The Building Official or the Floodplain Administrator, as applicable, rejected or refused to approve
the mode or manner of construction proposed to be followed or materials to be used in the installation or
alteration of a building, structure, or service system;
b. The provisions of the city's current edition of the Administrative Amendments to the Florida
Building Code do not apply to this specific case;
c. That an equally good or more desirable form of installation can be employed in a specific case; or
d. The true intent and meaning of the city's current edition of the Administrative Amendments to the
Florida Building Code have been misconstrued or incorrectly interpreted.
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EXHIBIT "B"
Chapter 2, Article IV, Section 2 and 4, Building Permit and Variances.
Sec. 2. Building Permit.
A. General.
1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application
process, review criteria, and uniform procedure for the processing of permit applications, to ensure that
certain buildings, structures, and systems comply with the respective requirements and standards described in
the Florida Building Code, including the City Administrative Amendments thereof, and these Land
Development Regulations.
2. Applicability. A building or other structure shall not be erected, moved, added to, or structurally
altered (including substantial improvements as defined by Chapter I, Article II), unless a building permit is
issued by the city. A building permit shall not be issued by the Building Official or designee unless the
application complies with the requirements of this article and the Florida Building Code, including the city's
Administrative Amendments. All permit applications for new buildings,building expansions, major
modifications or certain other improvements, must be consistent with any applicable and corresponding site
plan, master plan or record plat.
3. Scope. The Florida Building Code is based on national model building codes and national consensus
standards which are amended where necessary for Florida's specific needs. The code incorporates all
building construction-related regulations for public and private buildings in the State of Florida other than
those specifically exempted by F.S. § 553.73. It has been harmonized with the Florida Fire Prevention Code,
which is developed and maintained by the Department of Financial Services, Office of the State Fire
Marshal, to establish unified and consistent standards.
B. Submittal Requirements. Application forms for building permits shall be provided by the Building
Division. Unless the Building Official or designee determines otherwise, the applicant shall submit
completed forms, provide all documentation, including plans and exhibits required by such applications, and
pay all applicable fees as adopted by resolution by the City Commission.
In addition to the information required on the applications, the permittee for any permit for construction in
special flood hazard areas, which upon its completion would result in the issuance of a certificate of
occupancy or certificate of completion, sha111 •-- .. - - . •• - - •= • prior to the issuance of such
certificate of occupancy/completion: submit a
tr s.
2. Elevation in relation to mean sea level to which any non residential structure will be flood proofed.
- - . • .
1. Description of the extent to which any watercourse will be altered or relocated as a result of proposed
development.
5. A flood elevation or flood proofing certification after placement of the lowest floor and prior to
further vertical construction is-eempleted, or in instances where the structure is subject to the regulations
applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest
floor and prior to further vertical construction. Within twenty-one (21) calendar days of establishment of the
lowest floor elevation, or flood proofing by whatever construction means, or upon placement of the
horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to
the Development Department a certification of the elevation of the lowest floor, flood proofing elevation, or
the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is
applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer. When flood proofing is utilized,
certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any
work done within the twenty-one (21)-day calendar period and prior to submission of the certification shall
1
be at the permit holder's risk. The Development Department shall review the flood elevation survey data
submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and
prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause
issuance of a stop-work order for the project.
6. A survey of mangrove trees on site.
Sec. 4. Variances.
A. General.
1. Purpose and Intent. The purpose of this section is to provide an efficient relief process to allow for
deviations from certain requirements and standards of the Florida Building Code, including the city's
Administrative Amendments thereof, and the applicable regulations in the city's Land Development
Regulations, in circumstances when the applicant is able to demonstrate a hardship. The intent of this
application is not to provide a means for circumventing any such requirement or standard, but to allow for a
departure from the code upon demonstration that the subject request satisfactorily addresses the review
criteria contained herein, and without the necessity of amending the regulation to accommodate the requested
relief.
2. Applicability.
a. The owner of a building, structure, or service system, or duly authorized agent may appeal a
decision from the Building Official whenever any one (1) of the following conditions is claimed to exist:
(1) The Building Official rejected or refused to approve the mode or manner of construction
proposed to be followed or materials to be used in the installation or alteration of a building, structure, or
service system;
(2) The provision of the Florida Building Code, including the city's Administrative Amendments
thereto does not apply to this specific case;
(3) That an equally good or more desirable form of installation can be employed in a specific case;
or
(4) The true intent and meaning of the Florida Building Code, including the city's Administrative
Amendments thereto have been misconstrued or incorrectly interpreted; or
b. The owner of a building, structure, or service system, or duly authorized agent may request relief to
any of the following:
(1) The Florida Building Code, including the city's Administrative Amendments and Technical
Amendments;
(2) Chapter 4, Article IX, Building, Construction, and Historic Preservation Requirements of the
City's Code of Ordinances; or
(3) Chapter 4, Article X, Flood Prevention Requirements of the City's Code of Ordinances; or
c. Notice of appeal shall be filed within thirty (30) calendar days after the Building Official renders the
refuted decision.
B. Submittal Requirements. The application form shall be approved by the Building Official and
maintained by the Building Division. In order for an application to be considered, it shall be accompanied
by all documentation required by the application checklist.
C. Review Criteria. The Building Board of Adjustment and Appeals, when so petitioned, and after a
hearing, may vary the application of any provision of this Code to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice and would be contrary to the purpose and intent of this
or the technical codes or public interest, and also finds all of the following general criteria in subsection 1.
below:
1. General Criteria for All Variance Requests.
a. That special circumstances exist that are peculiar to the building, structure, or service system
involved, and which are not applicable to others;
b. That the special conditions and circumstances do not result form the action or inaction of the
applicant;
c. That granting the variance requested will not confer on the applicant any special privilege that is
2
denied by this Code to other buildings, structures, or service systems;
d. That the variance granted is the minimum variance that will make possible the reasonable use of the
building, structure, or service system; and
e. That the granting of the variance will be in harmony with the general intent and purpose of this
Code and will not be detrimental to the public health, safety, and general welfare.
2. Special Criteria for Variance Applications Involving Deviations from Flood Prevention Regulations
or the Flood Resistant Design Requirements of the Florida Building Code. An applicant for a variance shall
submit a showing of good and sufficient cause and that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the land (increased costs to satisfy the
requirements or inconvenience do not constitute hardship). Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and
to destroy the historic character and design of the building. Variances shall not be issued within any
designated floodway if any increase in flood levels during the base flood discharge would result. In passing
upon such variance requests appeals, the Board shall determine that the granting of the variance will not
result in increased flood heights; additional threats to public safety; extraordinary public expense; create
nuisance; cause fraud on or victimization of the public; or conflict with existing local laws or
ordinances. The Board shall consider all technical evaluations, all relevant factors, all standards specified in
other sections of these Land Development Regulations, and:
a. The danger that materials may be swept onto other lands to the injury of others.
b. The danger to life and property due to flooding or erosion damage.
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner.
d. The importance of the services provided by the proposed facility to the community.
e. The necessity to the facility of a waterfront location, where applicable.
f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed
use.
g. The compatibility of the proposed use with existing and anticipated development.
h. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area.
i. The safety of access to the property in times of flood for ordinary and emergency vehicles.
j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and
the effects of wave action, if applicable, expected at the site.
k. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
3. Additional Requirements for Flood Prevention Variances.
a. Written Notice. Any applicant to whom a variance from the flood prevention requirements has been
granted to allow construction of a lowest floor below the required elevation shall be given written notice
specifying the difference between the base flood elevation and the elevation to which the structure is to be
built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation(up to amounts as high as $25 for$100 of insurance coverage) and stating
that construction below the base flood elevation increases risks to life and property.
b. Historic Buildings and Structures. 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 this section upon evidence by the
applicant that such actions would not adversely impact the historic designation of the structure. The Director
of Development or designee shall maintain the records of granted variances.
c. Functionally Dependent Uses. A variance is authorized to be issued for the construction or
3
substantial improvement necessary for the conduct of a functionally dependent use, as defined in Chapter 1,
Article II, provided the variance 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.
D. Approval Process. An application for variance approval requires review by staff to ensure it is eligible
to be considered by the Building Board of Adjustment and Appeals. Once determined to be eligible for
consideration, staff shall forward the variance application to the Building Board of Adjustment and Appeals,
and such Board will review the request based on the review criteria listed above, and render its decision. See
Section 112 of the City's Administrative Amendments to the 2007 Florida Building Code for the rules and
regulations regarding the operating procedures of the Board.
E. Expiration. See Section 112 of the city's Administrative Amendments to the 204-0 FBC 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 201-0 FBC.
2. Flood Prevention Variances. Any applicant to whom a variance from the flood prevention
a. Historic Buildings and Structures. The repair, improvement, reconstruction, rehabilitation, or
- :- - ' - - ' • ' . - - • - - - . '. - _ ! :.. -
. . - . : . . .: - - : - . . - ! -
9- . . - . - . -- . --:•• .•• - - - - . . .. . •- .. :. .. . -
b. Functionally Dependent Uses. A variance is authorized to be issued for the construction or
.. - -- - . ... :. _ - • . _. - . - .. - 5 :::.
(Ord. 10-025, passed 12-7-10; Am. Ord. 13-020, passed 7-2-13)
4
EXHIBIT"C"
Chapter 4, Article X, Flood Prevention Requirements.
Sec. 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. a. Minimize unnecessary disruption of commerce, access, and public service during
times of flooding;
b. Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
c. Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood damage or
erosion potential;
d. 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;
e. Minimize damage to public and private facilities and utilities;
f. Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
g. Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events;
h. 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
i. To insure that potential homebuyers are notified that property is in a flood area.
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.
3. This article is intended to be administered and enforced in conjunction with the Florida
Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced in
the Florida Building Code.
C. Administration.
1. Administrator. The Building Official is designated the Floodplain Administrator. The
Floodplain Administrator shall have the authority to interpret and administer this article and may
1
delegate performance of certain duties to other employees. The Floodplain Administrator shall
have the authority to render interpretations of this article consistent with the intent and purpose
of this article and may establish policies and procedures in order to clarify the application of its
provisions. Such interpretations,policies, and procedures shall not have the effect of waiving
requirements specifically provided in this article without the granting of a variance issued in
accordance with Chapter 2, Article IV, Section 4.
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. Such permits include but are not limited to:
i. The South Florida Water Management District; section 373.036, F.S.
ii. Florida Department of Health for onsite sewage treatment and disposal systems;
section 381.0065, F.S. and Chapter 64E-6, F.A.C.
iii. Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.141, F.S.
iv. Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; section 161.055, F.S.
v. Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
vi. Federal permits and approvals.
c. Notify adjacent communities and the state division of emergency management
--- - - - . . .' prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management Agency(FEMA).
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
2, Article IV, Section 2.
f. Verify and record the actual elevation(in relation to mean sea level)to which the new
Article IV, Section 2.
h. In coastal high hazard areas, the administra : : • . ••- - - •- • - -
i. When flood proofing is utilized for a particular structure, the administrator shall obtain
e. j--Where interpretation is needed as to the exact location of the boundaries of the areas
2
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, Section 1.D.2.
. - - .. - ... • . .. . - • . . - . . .. - • - _ .D.
below, the administrator shall obtain, review, and reasonably utilize any base flood elevation
•
.. . . . . . - . . . . . 5 • -, - - - •• -, •' - - . .. -•-• - • . . • - - -
article Sections 3 and 4 below.
f. ter: Determine whether additional flood hazard data shall be obtained from other sources
or shall be developed by an applicant.
g_ n7 Review applications to determine whether proposed development will be reasonably
safe from flooding.
h. Issue development permits or approvals for development other than buildings and
structures that are subject to the FBC, including buildings, structures and facilities exempt from
the FBC, when compliance with this article is demonstrated, or disapprove the same in the event
of noncompliance.
i. Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard areas
comply with the applicable provisions of this article.
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 any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in coordination with 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 any 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. Modifications of the strict application of the requirements of the Florida Building Code.
The Floodplain Administrator shall review requests submitted to the Building Official that seek
approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the
granting of a variance pursuant to Chapter 2, Article IV, Section 4.
5. 4. Notice and Orders. The ming-Official Floodplain Administrator shall
coordinate with appropriate local agencies for the issuance of all necessary notices or orders to
3
ensure compliance with this article.
6. Inspections. The Floodplain Administrator shall make the required inspections for
development that is not subject to the Florida Building Code, including buildings, structures and
facilities exempt from the Florida Building Code and manufactured homes. The Floodplain
Administrator shall inspect flood hazard areas to determine if development is undertaken without
issuance of a permit.
7. 5: Other Duties. The Floodplain Administrator shall have other duties,
including but not limited to:
a. Establish, in coordination with the Building Official, 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);
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 article 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. 101-590 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 Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary for the
administration of this ewe article and the flood resistant construction requirements of the
FBC, including FIRM; Letters of Map 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 article ordinance: notifications to adjacent communities, FEMA, 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 article 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 site improvements and utility installations;
4
construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation
or demolition of buildings, structures, and facilities that are exempt from the Florida Building
Code; placement, installation, or replacement of manufactured homes and manufactured
buildings; installation or replacement of tanks; : : - -• - -•- - ; installation of
swimming pools; and any other development.
2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm
Beach County, Florida and Incorporated Areas dated October 5, 2017 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 Floodplain Administrator 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 article 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.
E. Terms and Definitions. See Chapter 1, Article II 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 any ordinance in effect for management of
development in flood hazard areas. However, it is not intended 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 article 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.
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 article 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
5
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 by 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 article
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 article. 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 article or any administrative decision lawfully made
thereunder.
Sec. 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 Floodplain Administrator 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. or ate-Section 2.C. below.
3. Where the parcel on which the proposed development will take place will have more than
fifty (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.
7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site is
seaward of the coastal construction control line, if applicable.
6
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 Floodplain Administrator 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 owe article.
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 Floodplain Administrator 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 Floodplain Administrator to not
reasonably reflect flooding conditions, or where the available data are known to be scientifically
or technically incorrect or otherwise inadequate:
a. Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices; or
b. 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.
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.6. 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
7
connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone
AH.
3. Where small streams exist, but where no base flood data has been provided or where no
floodways have been provided, no encroachments, including fill material or structures, shall be
located within a distance of the stream bank equal to five (5)times the width of the stream at the
top of bank or twenty (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
will not result in any increase in flood levels during the occurrence of the base flood discharge.
4. 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.6. 2.C.5.
below.
5_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.
6. 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.
Sec. 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_
hazard areae shall be elevated a minimum of twelve (12) inches above the average crown
height of the adjacent roadway. The finished floor elevation of all habitable space of building
additions and/or substantial improvements not located in a flood hazard area zene shall be no
lower than the existing finished floor elevation.
Sec. 4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone
AO).,, ► • . . • . .. . . _ • • _ _ . • . . . .
Hazard A.-ear
In areas of indeterminate drainage subject to sheet flow(Zone AO), lowest floors shall be at or
above the elevation specified in the Florida Building Code or at least 2 feet above the average
crown of road, whichever is higher.
A. General Standards.
1. Anchors.
a. All new construction and substantial improvements shall be anchored to prevent
= - • - - - - - - . .-- • - - .
b. See Section 5.C. below for anchoring standards for manufactured homes.
2. Materials. All new construction and substantial improvements shall be constructed with
3. Design.
8
b. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
d. New and replacement sanitary sewage systems shall be designed to minimize or
--
floodwaters,
.' - . - !' .. . -. . • - .• .. . •-
5. Miscellaneous. Any alteration, repair, reconstruction or improvements to a structure
5 ... .. . . .. . - - E - - . . . . . :, - . . _ . . .
• - ° .. . ° .. , - .. _ .. , - - .
floor, including basement, elevated to the BFE in accordance with 44 CFR. Should solid
•- '.' . . . .
subsection arc satisfied. Such certification shall be provi:-: : - - - •- . . - , ' '• -
IV, Section 2.B.
(1) Provide a minimum of two (2)openings having a total net area of not less than one
(2) The 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
b. Access to the enclosed area shall be the minimum necessary to allow for parking of
9
c. The interior portion of such enclosed area shall not be partitioned or finished into
separates
d. Electrical, plumbing and other utility connections are prohibited below the base flood
elevation,
o
�r
2 ... •.. . . . ' - . • :
' • .. . .. • .. , • . . . ••• . . -• • , . .
2. If Section 4.C.1. above is satisfied, all new construction and substantial improvements
D. .. • • • - . . A . •• -- • . ..• • .. • :.. .. .
1. All buildings or structures shall be located landward of the reach of the mean high tide
.. .2. All buildings or structures shall be elevated so that the lowest supporting member
. ... -- - - . . - . ! .
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,
. . - . .. - . - . !! . •- . - . - -
0. ., .. - 0 ---
•
•
•
•
•
. .. _. - • • .- • .6.
'l.D.'l. above.
- a. Particle composition of fill material does not have a tendency for excessive natural
eamPaetiont-and
10
and
c. Slope of fill will not cause wave run up or ramping.
a
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
specifications are met:
a. No solid walls shall be allowed; and
b. Material shall consist of wood or mesh screening only.
for human habitation.
10. Prior to construction, plans for any structure that will have lattice work or decorative
manufactured home(mobile home)park or subdivision. A replacement manufactured home
• 12. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
- ° -- - . . • - - . . . . -- - . . •-
Sections 4.D.8. and 4.D.9. above.
E. Areas of Shallow Flooding(AO Zones). Located within the areas of special flood hazard
- . - . -. . _ . . •_ . _ . . ' :-- _ • - . . . . •
.
... . . - -- ' - - - - --- . - - - - - - -- - - . _
1. Residential Structures. All new construction and substantial improvements of residential
. . . - - - -- , -. -- -•_ - ,.•. - - _ . - . . . -
:, o :. , - .:•-: •- , _ - .
•
•
- . ._. ., . . : • -- , - ! -- , •- .- ..- .
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
• ° :. , - . . .
... . - - . . • -- - , - ° .- , - •. _ ..
11
b. Be completely flood proofed to or above that level so that any space below that level
. •- . •- - •- ... , . • _ - 2
2. Construction and Improvements. New construction or substantial improvements of
accordance with Section 1.C.2.k. above.
G. Seaward of the Coastal Construction Control Line. If extending, in whole or in part,
. . . _ . - .. . . . •. • . . - .. . . . . . ., - • . - . •- .. - . .
Sec. 5. Specific Requirements by Type of Improvement or Development.
A. Site Improvements, Utilities and Limitations.
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 FAC Chapter 64E-6 and ASCE 24, Chapter 7 to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters,
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 FAC Chapter 62-532.500
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 article, 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.
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5. Limitations on Sites in Regulatory Floodways.No development, including but not limited
to site improvements, and land disturbing activity involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section 2.C.1
of this article demonstrates that the proposed development or land disturbing activity will not
result in any increase in the base flood elevation.
B. Subdivision Standards.
1. General. The following provisions shall apply for all subdivision proposals:
a. All subdivision proposals shall be consistent with the need to minimize flood damage.
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards.
d. Base flood elevation data shall be provided for subdivision proposals and other
proposed development which contains more than fifty (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 fifty (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 ewe article
C. Manufactured Homes.
1. General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of
FAC Chapter 15C-1 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. Foundations for manufactured homes subject to Section 5.C.6 below are permitted to be
reinforced piers or other foundation elements of at least equivalent strength.
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.
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.
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4. Elevation. Manufactured homes that are placed, replaced, or substantially improved
shall comply with Section 5.C.5. or 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 thirty-six (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.
1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored 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.
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, fill openings, outlets and vents shall be:
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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 hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
E. Buildings and Structures.
1. Buildings, structures, and facilities that are exempt from the Florida Building Code.
Buildings, structures, and facilities that are exempt from the Florida Building Code,including_
substantial improvement or repair of substantial damage of such buildings, structures and facilities,
shall be designed and constructed in accordance with the flood load and flood resistant construction
requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and
roofed buildings shall comply with the requirements of Section 5.F below.
2. Buildings and structures 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:
a. Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109 and
Section 1612 or Florida Building Code, Residential Section R322.
b, Minor structures and non-habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of this
ordinance and ASCE 24.
F. Other Development.
1. General Requirements for Other Development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified in
this article or the Florida Building Code, shall:
a. Be located and constructed to minimize flood damage;
b. Meet the limitations of Section 5.A.5 of this article if located in a regulated floodway;
c. Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;
d. Be constructed of flood damage-resistant materials; and
e. Have mechanical,plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to address life
safety and electric code requirements is permitted below the design flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
2. Fences in Regulated Floodways. Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,
shall meet the limitations of Section 5.A.5 of this article.
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3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls
and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet
the limitations of Section 5.A.5 of this article.
4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles
or pedestrians to travel from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 5.A.5 of this article. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of Section
2.C.1 of this article.
5. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways,
Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high
hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses are permitted beneath or adjacent to buildings and
structures provided the concrete slabs are designed and constructed to be:
a. Structurally independent of the foundation system of the building or structure;
b. Frangible and not reinforced, so as to minimize debris during flooding that is capable
of causing significant damage to any structure; and
c. Have a maximum slab thickness of not more than four (4) inches.
6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be
located, designed, and constructed in compliance with the following:
a. A deck that is structurally attached to a building or structure shall have the bottom of
the lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed to
accommodate any increased loads resulting from the attached deck.
b. A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be designed and
constructed either to remain intact and in place during design flood conditions or to break apart
into small pieces to minimize debris during flooding that is capable of causing structural damage
to the building or structure or to adjacent buildings and structures.
c. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall not be
approved unless an analysis prepared by a qualified registered design professional demonstrates
no harmful diversion of floodwaters or wave runup and wave reflection that would increase
damage to the building or structure or to adjacent buildings and structures.
d. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local soils
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and is the minimum amount necessary for site drainage may be approved without requiring
analysis of the impact on diversion of floodwaters or wave runup and wave reflection.
7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas, development activities other than buildings and structures shall be permitted only if also
authorized by the appropriate federal, state or local authority; if located outside the footprint of,
and not structurally attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup
and wave reflection that would increase damage to adjacent buildings and structures. Such
other development activities include but are not limited to:
a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures;
b, Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise function to
avoid obstruction of floodwaters; and
c. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas:
a. Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
b.Nonstructural fill with finished slopes that are steeper than one unit vertical to five
units horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
c. Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around elevated
buildings are permitted without additional engineering analysis or certification of the diversion
of floodwater or wave runup and wave reflection if the scale and location of the dune work is
consistent with local beach-dune morphology and the vertical clearance is maintained between
the top of the sand dune and the lowest horizontal structural member of the building.
Sec. 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.
Sec. 7. 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.
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EXHIBIT"D"
Description Number Date
1. Flood Insurance Study(FIS) 12099CV000A October 5, 2017
Description Map Number Date
1. Flood Insurance Rate Map (FIRM) Index 12099CIND1A October 5, 2017
2. Flood Insurance Rate Map (FIRM) Index 12099CIND2A October 5, 2017
3. Flood Insurance Rate Map (FIRM) 12099C0778F October 5, 2017
4. Flood Insurance Rate Map (FIRM) 12099C0779F October 5, 2017
5. Flood Insurance Rate Map (FIRM) 12099C0783F October 5, 2017
6. Flood Insurance Rate Map (FIRM) 12099C0786F October 5, 2017
7. Flood Insurance Rate Map (FIRM) 12099C0787F October 5, 2017
8. Flood Insurance Rate Map (FIRM) 12099C0788F October 5, 2017
9. Flood Insurance Rate Map (FIRM) 12099C0789F October 5, 2017
10. Flood Insurance Rate Map (FIRM) 12099C0791F October 5, 2017
11. Flood Insurance Rate Map (FIRM) 12099C0793F October 5, 2017
12. Flood Insurance Rate Map (FIRM) 12099C0976F October 5, 2017
13. Flood Insurance Rate Map (FIRM) 12099C0977F October 5, 2017
14. Flood Insurance Rate Map (FIRM) 12099C0981F October 5, 2017
All FIRM Maps and FIS Report are available online for
viewing at http://msc.fema.gov/portal/advanceSearch