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Agenda 09-28-21 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, September 28, 2021 TIME: 6:30 PM PLACE: City Hall Commission Chambers, 100 E. Ocean Avenue 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 4.A. Approve board minutes from the 05/25/2021 Planning & Development Board meeting. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Flood Mitigation & CRS Rating (CDRV 21-002) - Approve proposed amendments to the Land Development Regulations, Chapter 1. General Administration, Article 11. Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards necessary to maintain compliance with FEMA requirements and to maximize the City's CRS score. Applicant: City initiated. 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within fifteen minutes of the noticed start time of the meeting, the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. Notice Any person who decides to appeal any decision of the planning and development board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony, and evidence upon which the appeal is to be based. (f. S. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742-6060, at least forty-eight (48) hours prior to the program or activity in order for the city to reasonably accommodate your request. Page 1 of 38 4.4.A. Approval of Minutes 9/28/2021 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/28/2021 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve board minutes from the 05/25/2021 Planning & Development Board meeting. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 05®25®21 Minutes Page 2 of 38 MINUTES a PLANNING AND DEVELOPMENT BOARD »� 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, MAY 25, 2021, 6:30 P.M. PRESENT: STAFF: Trevor Rosecrans, Vice Chair Ed Breese, Planning & Zoning Administrator Kevin Fischer Mike Rumpf, Director of Development Tim Litsch Shawn Schwartz, City Attorney Darren Allen Vanessa Mutchnik, Prototype, Inc. Thomas Ramiccio Chris Simon Jay Sobel, Alternate (left meeting at 6:38 p.m.) ABSENT: Butch Buoni Lyman Phillips, Alternate The meeting was called to order at 6:31 p.m. 1. Pledge of Allegiance— Pledge was led by Mr. Allen. 2. Roll Call Roll was called and it was determined a quorum was present. Mr. Sobel stated that he wanted to make one comment and then he would be leaving the meeting. He stated that the City Hall building was not ADA compliant, and he would be bringing this matter up to the City Commission. 3. Agenda Approval Motion made by Mr. Litsch, seconded by Mr. Simon, to approve the agenda. In a voice vote,the agenda was unanimously approved (6-0). 4. Approval of Minutes —February 23, 2021 Motion made by Mr. Litsch, seconded by Mr. Allen, to approve the February 23, 2021 meeting minutes, with discussion. Page 3of38 Meeting Minutes Planning and Development Board Page 2 May 25, 2021 Mr. Litsch stated that the minutes are incorrect and need to be revised. He stated that on page 13 of the minutes,the motion was incorrect. It should have read, "to approve 7D, Workforce Housing Program". He stated the motion should have also included a roll call vote, who voted for it and who voted against it. Motion made by Mr. Litsch, seconded by Mr. Simon, to approve the February 23, 2021 minutes, as amended. In a voice vote, the minutes were unanimously approved (6-0). 5. Communications and Announcements: Report from Staff Mr. Breese stated that the City Commission did move forward with the approval of Ocean Palm Plaza for land use and rezoning. The City Commission also approved the land use and rezoning of Lawrence Road 71" Avenue South and the Knuth Road large-scale amendment ordinance was approved on first reading. This should be heard on second reading by the City Commission at the June 15th City Commission meeting. He stated that the workforce housing amendments were tabled. 6. Old Business 6.A - Approve Selection of Board Chair And Vice Chairpersons for City Commission Ratification. Mr. Breese stated that Ms. Oyer has resigned from the Board. The Board should select a new Chair and Vice Chair for the City Commission to ratify. Motion made by Mr. Ramiccio, seconded by Mr. Fischer, to select Mr. Rosecrans as Board Chair and Mr. Buoni as Vice Chairperson, with Mr. Simon selected as alternate Vice Chairperson if Mr. Buoni declines. In a voice vote, motion unanimously approved (6-0). 7. New Business City Attorney Schwartz swore in all consultants and those wishing to speak in this quasi-judicial proceeding. They will be sworn in by trust and, when speaking, are to identify themselves as having taken the oath. Any who have special qualifications to testify should make note when identifying themselves to speak and a reminder was given to attorneys regarding giving evidence. Vice Chair Rosecrans read the following into the record: 7.A. LANDSCAPE DEBRIS STOCKPILING (CDRV 21-002) - Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Footnote #103 regarding Landscape Debris Stockpiling use, to include a tailored revocation review period, and add a minimum distance separation standard, and modify certain existing Page 4 of 38 Meeting Minutes Planning and Development Board Page 3 May 25, 2021 operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. City initiated. Mr. Rumpf summarized the staff report regarding this item. He stated that the City's Zoning Regulations were amended in August of 2015 to incorporate a new use at that time along with corresponding provisions and operational standards. The subject amendment was justified by environmental benefits including the energy-conserving reuse of landscaping debris and reduction in material potentially destined for a landfill. The subject use was approved under an 18-month pilot program to allow staff to evaluate impacts and land use compatibility. The pilot program was then extended to August 22, 2018, and before the program "sunset", on August 7h 2018,the Zoning Regulations were amended removing the temporary pilot provisions for the use. Mr. Rumpf stated that the use was approved as a conditional use, and the amendment included corresponding requirements and operational standards that related to property size, perimeter access, setbacks, pile height, screening requirements, hours of operation, and dust control and fire prevention. He stated that there have been complaints from adjoining neighbors and repeat violations have warranted City staff to review the original standards and consideration of options to address the issues associated with this type of business. He stated that the complaints and violations have primarily pertained to pile height, access path clearance, odor, and rodents/pests. Mr. Rumpf stated that staff is considered recommending removal of the use from the zoning regulations. However,he added that the City continues to acknowledge the environmental benefits of vegetation recycling and instead recommends amendments to the minimum standards. He stated that the purpose of the amendments is to prevent impacts on residential environment and other abutting properties through a tailored and stringent revocation process, increased minimum debris pile setbacks, and by allowing additional buffer enhancements to be determined at time of conditional use review (proposed amendments are attached to minutes). Vice Chair Rosecrans opened the floor to public comments. Naomi Cobb, 1007 SE 3rd Street, stated that she has come before the Board to speak on Item 7A, regarding the vegetative industrial recycling site. She stated that she bought her home back in 2020 and knew that the industrial site was directly behind her home, but added that she was unaware at the time of all the problems that this site would cause to her homelife. Ms. Cobb stated that during the summer months, the smell is horrible, and her home is inundated with rats. She stated that she has called the City on several occasions due to the smell of smoke and rats. Ms. Cobb thanked the Board for addressing the matter tonight. David Katz, 67 Midwood Lane, stated he was here tonight to speak on behalf of Joseph Mignano, the owner of Mignano Tree Care. He stated the Mr. Mignano owns the industrial site for the vegetative recycling. Mr. Katz showed pictures to the Board of the houses surrounding the industrial site. Page 5of38 Meeting Minutes Planning and Development Board Page 4 May 25, 2021 Mr. Katz stated that he believes the rats are coming from the northern property and not this site. He stated that Mr. Mignano has been in business, in Boynton Beach, for 45 years. They have complied with setbacks from the fire department, the City requirements and have conducted regular monthly pest control services to the site. Mr. Katz added that rats have never been found during these regular service checks. City Attorney Schwartz swore in Mr. Joseph Mignano, who wished to speak on the item. Mr. Mignano stated that Storm Pest Control has placed rat traps strategically around his site and no rats have ever been found in these traps. He added that the Department of Environmental Protection and the Health Department have come out and look at the logs and have brought up no concerns regarding rats. Vice Chair Rosecrans closed the public comments. Board Comments: Mr. Simon stated that the Mr. Mignano's site would not have to comply with the amendments as his site is "grandfathered" in. Mr. Rumpf stated that was correct. Mr. Fischer questioned if staff considered adding "commercial use"to the amendments. Mr. Rumpf stated that staff did not but added that "commercial use" could be added to the recommendation of the Board. Vice Chair Rosecrans stated that the issues Ms. Cobb has with the site, would be more for the City's Code Enforcement Department handle. Motion made by Mr. Litsch, seconded by Mr. Fischer, to accept staff recommendations on Item 7A, Landscape Debris Stockpiling (CDRV 21-002), amending the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Footnote 4103 regarding Landscape Debris Stockpiling use, to include a tailored revocation review period, and add a minimum distance separation standard, and modify certain existing operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. Discussion: Mr. Fischer stated that he would recommend adding in "commercial zoning". Amendment to Motion made by Mr. Litsch, seconded by Mr. Fischer, to accept staff recommendations on Item 7A, and add the condition of"commercial zoning". In a roll call vote, the motion passed unanimously (6-0). Page 6 of 38 Meeting Minutes Planning and Development Board Page 5 May 25, 2021 8. Other—Public Comments Vice Chair Rosecrans opened the floor for public comments. Susan Oyer stated that she lived in Seacrest Estates and questioned if there have been any zoning changes to the neighborhood. Mr. Breese stated that there have not been any zoning changes. Ms. Oyer stated that two houses down from her, there is a tow truck that parks at the residential house. She stated that truck now has the residential address on the side of his truck. Ms. Oyer also stated that, at 127 SE 27h Way, there are six to eight cars parked there every night. Ms. Oyer said that she understands that both issues are for Code Enforcement but wanted the Board to be aware them. Mr. Breese stated that he would have staff look into these items. Ms. Oyer stated that the City should look into banning the Norfolk Island Pine as people tend to plant them after Christmas and they grow to 200 feet and are a huge nuisance. She stated that many cities already have a ban on these trees. Ms. Oyer stated that she was concerned with the parking lot area by Quantum Boulevard. It has increased in size and does not have the appropriate number of trees and electric car chargers. She also had a concern with the electric car chargers by City Hall. She stated that she has noticed cars using the car charger spots as parking and this is illegal. 9. Comments by Members Mr. Simon questioned if Board Members could suggest items for staff to place on the agenda. Mr. Breese stated that some items can be placed on the agenda by Board Members. 10. Adjournment Motion made by Mr. Simon, seconded by Mr. Fischer, to adjourn the meeting at 7:26 p.m. In a voice vote, motion unanimously approved (6-0). Vice Chair Rosecrans adjourned the meeting at 7:26 p.m. was duly made and seconded. Attachments: Additional Documentation [Minutes prepared by V. Mutchnik,Prototype,Inc.] Page 7 of 38 7.7.A. New Business 9/28/2021 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/28/2021 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Flood Mitigation & CRS Rating (CDRV 21-002) -Approve proposed amendments to the Land Development Regulations, Chapter 1. General Administration, Article 11. Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards necessary to maintain compliance with FEMA requirements and to maximize the City's CRS score. Applicant: City initiated. EXPLANATION OF REQUEST: To maintain consistency with new requirements of FEMA, and to keep striving to maximize the City's CRS score, staff proposes amendments to the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. The amendments are summarized as follows in bullet format: • Adoption of a definition for Accessory Structure and differentiating it from the existing term and definition applicable to the Zoning Regulations. The new definition and proposed amendments to Article "X" satisfies the requirements of FEMA as well as maintains provisions (i.e. exemption)for certain eligible structures within Special Flood Hazard Areas; • Removal of provisions for, and prohibiting the placement of manufactured homes within the Special Flood High Areas. FEMA does not prohibit mobile homes from the subject areas; however, FEMA provides greater points in the CRS for such regulations; • Removal of terms referencing "Floodway'. The removal of these long-standing terms is a "house- keeping action, as no areas in the City qualify as "Floodways" according to FEMA standards and regulatory system; and • Editing the definition for Market Value, again, for consistency with FEMA's definition. Therefore, staff recommends that the Board support the subject amendments to the City's Land Development Regulations. It is important to note that failure to adopt these regulations will result in a lower Community Rating System (CRS) score, and the consequence of a decreased discount received by flood insurance policy holders. In quantifiable terms, the consequence would result in the drastic reduction to a class 9 CRS score, and reduced flood insurance discounts from 25 percent to 5 percent for policy holders in Special Flood Hazard Areas. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Proposed amendments further the intent of the City's flood mitigation regulations including increasing compliance with CRS rating criteria. FISCAL IMPACT: N/A ALTERNATIVES: None recommended Page 8of38 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Amendment Proposed LDR Amendments Page 9 of 38 DEPARTMENT OF DEVELOPMENT 1 PLANNING AND ZONING TO: Chair and Members Planning & Development Board FROM: John Kuntzman Building Official THROUGH: Michael Rumpf Planning and Zoning Administrator DATE: September 24, 2021 RE: Flood Mitigation & CRS Rating (CDRV 21-002) -Approve proposed amendments to the Land Development Regulations, Chapter 1. General Administration, Article II. Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards necessary to maintain compliance with FEMA requirements and to maximize the City's CRS rating score. Applicant- City initiated. EXPLANATION The Community Rating System (CRS) is a voluntary program that provides reductions in flood insurance premiums for policy holders in Special flood Hazard Areas located within CRS communities. The City of Boynton Beach recently underwent a CRS audit, and through the collective efforts of Public Works, Utilities and the Building Departments we were elevated from a class 6 to a class 5 rating. This further improvement in the City's rating resulted in a 25% discount floor insurance rates for policy holders in the SFHA. Two terms and definitions that help further describe this system of flood damage reduction are as follows- • Special Flood Hazard Area -The base floodplain delineated on a Flood Insurance Rate Map that a community must regulate under the requirements of the National Flood Insurance Program. These zones are mapped as zones A, AE, AO and AH; and • Non-Special Flood Hazard Areas - Areas of moderate to minimal flood hazard. These zones are mapped as zones B, C and X. In June 2020, FEMA announced a new prerequisite for CRS communities to obtain, maintain or exceed a Class 8 rating. This requirement is that each community must adopt and enforce at least a one-foot "freeboard" for all new residential buildings and substantial improvements and repairs of substantially damaged residential buildings. "Freeboard" is the term that represents the additional required height above the minimum Base Flood Elevation (BFE) as established by FEMA. The City has had a freeboard requirement in place for several years, requiring a minimum of 1 foot added to the minimum finished floor height. The requirement applies to manufactured homes, single family homes, multi-family buildings, machinery and Page 10 of 38 WH Update (CDRV 19-008) Memo PZ No.19-033 equipment such as air conditioners, water heaters and generators, and attached garages and enclosures. Additional descriptions of these terms required by FEMA are as follows. • Freeboard — Is considered a margin of safety added to the Base flood Elevation; and • Base Flood Elevation - The elevation of the crest of the base or 1% annual chance flood (also known as the 100-year flood). To maintain consistency with the requirements of FEMA, and to keep striving to maximize the City's CRS rating, staff proposes amendments to the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. The amendments are summarized as follows in bullet format: • Adoption of a definition for Accessory Structure and differentiating it from the existing term and definition applicable to the Zoning Regulations. The new definition and proposed amendments to Article X satisfies the requirements of FEMA as well as maintains provisions (i.e. exemption) for certain eligible structures within a Special Flood Hazard Areas; • Removal of provisions for, and prohibiting the placement of manufactured homes within the Special Flood High Areas. FEMA does not prohibit mobile homes from the subject areas; however, FEMA incentivizes the prohibition by offering greater points in the CRS score; • Removal of terms referencing "Floodway'. The removal of these long-standing terms is a "house-keeping action, as no areas in the City qualify as "Floodways" according to FEMA standards and regulatory system; and • Editing the definition for Market Value, again, for consistency with FEMA's definition. The City has reviewed these proposed amendments with the State Floodplain Office, to confirm consistency with FEMA policies and requirements. The proposed amendments are included in Exhibit "A", shown as crossed-out and underlined text, taken from the City's Code of Ordinances, Part III. Land Development Regulations, Chapter 1. General Administration, Article 11. Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards. CONCLUSION/RECOMMENDATION Therefore, staff recommends that the Board support the subject amendments to the City's Land Development Regulations within Chapter 1, Article II. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. It's important to note that failure to adopt these regulations will result in a lower Community Rating System (CRS) score, and the consequence of a decrease in the discount currently received by flood insurance policy holders. In quantifiable terms, the consequence would result in the drastic reduction to a class 9 CRS score, and reduced flood insurance discounts from 25 percent to 5 percent for policy holders in Special Flood Hazard Areas. -2 - Page 11 of 38 EXHIBIT "K Code of Ordinances, Part III. Land Development Regulations Chapter 1. General Administration, Article II. Definitions ACCESSORY BUILDING OR STRUCTURE -A detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land, and which is located on the same lot as that of the principal building or use. Additional design recommendations and/or standards may be applied to the accessory building or structure. See "Flood, Accessory Structure." 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. See "Flood, Development." 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. ACCESSORY STRUCTURE - For the floodplain management purposes, a structure used only for parking and storage that is located on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. Note this only applies to chapter 4 Art X 2. 4- 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. 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. 1 Page 12 of 38 4. 3BASE FLOOD -A flood having a one percent (11%) 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." 5. 4—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). 6. 5-.—BASEMENT - The portion of a building having its floor subgrade (below ground level) on all sides. 7. 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. 8. 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. 9. 3- 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 430. VE, or V. 10. 19- 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. 11. 4$ 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. 12. 44-. 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. Note this only applies to chapter 4 Art X 2 Page 13 of 38 13. 4-2-. 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. 14. 4-3- EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures for which the "start of construction" commenced before January 3, 1979. 14EXISTING MANUFACTURED RED HOME PARK OR SUBDIVISION DIVISION n man- -arO i prod home paFk 9r s bdiyisir)n f49r yVhinh the ne:)Ps r,gni ir)n r9f f.Anili+ies; frr 0 at a the ef the 0 0 0 gFadi GF the n961FOR r Gf nrGGRGTete pads) icy GGMpletccd befeFe jaRuaFy v� T9- 0 Q 15. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK QF S BRIM SON The P_FeparatiGR of addii iGRal sites by the GORStF Gtinn of facilities for �Pr�Purcrcrorr-vr-acrcrrcror�ui-�r�c���rr�, cvTrrcrcrccrorr-vr-racrrrcTc��vr Gf 0 the streets, 15. 4-6- 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. 16. 4-T-. 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. 17. 49- 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. 18. 4$ 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. 19. 20FLOODPLAIN ADMINISTRATOR - The office or position designated and charged with the administration and enforcement of this chapter (may be referred to as the Floodplain Manager). �2?1 FLOGID\AAA _ Thoo n�rtol n�Atornni arse ani the adjar6eriloc rAnd areas that gni_AtoG�r__c�arfrrcv�Ct �4_Atit9A m�nre than GRe (I) fent 22. FLOODWAY ENCROACH nENTANA vele nn eRgiReeFiRg aRaly+is of+he impaGt that a nrepesea l a flnniJway is eXpeGted fn h-A\/o nn the 0 the eVaR.11-1-Ati.9-P Shall be pFepaFed by a3 Page 14 of 38 20. 23. 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. 21. 24. HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. 22. 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. 23. 26. 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: 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. 24. 2-7-. 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. 4 Page 15 of 38 25. 2$ MARKET VALUE - The nriGe at Whinh a PFGpei4y Will nhaRge haniJc nr cell _Ad hn+h h-AViRg reaSGRahle Lnn4AX1P_dge of relevant farts 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 is the may be oc+ahGched by qualified iRdepeRdeRt appraiser Actual Cash Value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or the ad valorem tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. 26. 24- 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. 38. NEW MANUFACTURED HOME DARK OR SUBDIVISION 4 man-farfi- ed 4eihinh +ho hnmos -Aro to ho -AffiXed (innl,,dinn at a minimum the , pn,,ripn of nnnnrete pails) is nmmPleted nca--GR er after aRwary 3 1979-. 27. 34- SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach. 28. 32L. 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. 29. 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. 30. 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. 5 Page 16 of 38 31. 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. MFEANI 'EA I EVEI Theo--aye-rerage el vatic-P Avf the se-•aa f4-:jr alllstages ref the W-e. The term icy SYRGRYM96 1Q 1e9ith n.Rti9-Ral ge9detin rl.Ati 1m (nI(_VD) NIATION1AI GEODETIC VERTICAL DATUM ISA (NI(_`VD) A Ve nePtre:41 uwJed fer eco+�hlic+hinir i�riinir eleyatieps within the fleedplain 6 Page 17 of 38 Code of Ordinances, Part III. Land Development Regulations Chapter 1. General Administration, Article II. Definitions 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 ensure 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 Page 18 of 38 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 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. 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 8 Page 19 of 38 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. f. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant. g. 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. Notice and Orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to 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 -A^dm-A^„f-a^+„red 9 Page 20 of 38 mss. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 7. 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 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 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: 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 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; construction, alteration, remodeling, enlargement, improvement, 10 Page 21 of 38 replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; plaGe eRt iRstallati ,r or Fepla .eMeR+ „f heMes -An,+ h, ildiRgG; 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, and all subsequent amendments and revisions, and the accompanying FIRMs, 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 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 11 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 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 conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 11 Page 22 of 38 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 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 manmade or natural causes. This 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 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 article or any administrative decision lawfully made thereunder. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 17-029, passed 9-19-17) 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 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 2.13. or Section 2.C. below. 12 Page 23 of 38 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 2.13. 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. 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 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 applicant's 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. 13 Page 24 of 38 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. 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. 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. below. 5. 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. 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. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 17-029, passed 9-19-17) 14 Page 25 of 38 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 area 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 shall be no lower than the existing finished floor elevation. (Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 17-029, passed 9-19-17) Sec. 4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone AO). 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. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 17-029, passed 9-19-17) 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 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. 15 Page 26 of 38 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; 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 article. C. Manufactured Homes. 1. GeRer,' Manufactured homes shall not be permitted in flood hazard areas. Aa4 th-At 0.6; IiGeRSed pursuaRt te F.S. § 320.8249, and shall GGMPIY With the requiFernent-s A FAG GhapteF 15C 1 and t1-li. Feq•617FP_R:C1Rtt-G t9f this uttinIoS. If 1r3n•A P_d_ I.re'CRw'C�a-vrlttl: GGGL0 7 F=n,,nrl_Atit9TrsAll P w mAP,,fAnfi, or! hAMPS ARGI FepIaGeR:cert P:1A raTact�rPd hnmoc inc�gllo� in flnnd hA;zArd ArpAq chA11 ho inc�gllo� nn norm�nont roinfnrnoiJ 0 fni PdAtMgPc+ thAt- a In flnnd h.»^r pysf�r�Q� th.+�r�� high a .ter .pro "`"" � - high �� areas, arc doa i iJgnno Iniit th�fA-anaat0.A-M �uT�e fttteC9G7 Resider�rt T 'ements Af At IPA ogi ii�lor� c�ro rg�h 16 Page 27 of 38 r NO 1 • 1 Will 11 I 11 imp- pill I WIWI Not.IL 104m]. WIN- 011 10 WIM"�Sr"MM2 11 -r r iN MI r r 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: 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 55 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 161.547 F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. 3. Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and: a. If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, are one-story and not larger than 600 sq. ft. b. If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential. c. If located in coastal high hazard areas (Zone V/VE), are not located below 18 Page 29 of 38 elevated buildings and are not larger than 100 sq. ft. d. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. e. Have flood damage-resistant materials used below the base flood elevation plus one (1) foot. f. Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot. 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. 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: 19 Page 30 of 38 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 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. 20 Page 31 of 38 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. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 17-029, passed 9-19-17) 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. (Ord. 13-020, passed 7-2-13; Am. Ord. 17-029, passed 9-19-17) 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. CHAPTER 1 GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS ACCESSORY BUILDING OR STRUCTURE -A detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land, and which is located on the same lot as that of the principal building or use. Additional design recommendations and/or standards may be applied to the accessory building or structure. See "Flood 1. Accessory Structure" BASE FLOOD - See "Flood, Base Flood." 21 Page 32 of 38 COASTAL CONSTRUCTION CONTROL LINE - See "Flood, Coastal Construction Control Line." 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. 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. See "Flood 12. Development" 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. For purposes of Chapter 4, Article X, Flood Prevention Requirements: 1. ACCESSORY STRUCTURE - For the floodplain management purposes, a structure used only for parking and storage that is located on the same parcel of Property as a principal structure and the use of which is incidental to the use of the principal structure. Note this only applies to chapter 4 Art X 2. 4- 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. 3. 2- 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. 4. 3- BASE FLOOD -A flood having a one percent (11%) 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." 5. 4 BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American 22 Page 33 of 38 Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). 6. 5- BASEMENT - The portion of a building having its floor subgrade (below ground level) on all sides. 7. 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. 8. 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. 9. 6- 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 430. VE, or V. 10. -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. 11. 44. 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. 12. 44- 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. Note this only applies to chapter 4 Art X 13. 42- 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. 14. 4-3- 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 mini fRr-t pa Fk 9r si bdiyisir9n 49r ieihinh the nr9nstruntir9n r9f f.Anili+ies frr 0 at a MIRIMUMthe 0 the ef 0 0 gradiRg GF the ra961FOR v Vf nr-GGRGrrete pads', is GGMpletebofere aR ary 3�QT� 0 23 Page 34 of 38 15 EXPANSION TGAN EXISTING MANUFACTURED RED uOME PARK Q-F S BRIM SON The PFeparatiGR of additiGRal sites by the GORStF Gtinn of facilities for �Pr�Purcrcrorr yr acrcrrcror�ui-�r�c���rr�, cvTrrcrcrccrorr yr racrrrcTc��vr tt4 44e ltilitiPl; the 0 streets, 15. 4-6- 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. 16. 4-7- 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. 17. � 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. 18. 4-9-. 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. 19. 2-G-. 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). CL(1(lfl\n/nV _ Tho nh�nnol of �ni�tornni�rco �n� �iJi�nont T 1�GTfrT�iT�TG-VPGf 6GTrl f1l'I"1'CfGfrGTr�TtTT{TC 4niotP_r__c�arf �� �iot�nr�mere Ghon neo (I) fent 22. FLOODWAY ENCROACHMENT ANALYSIS _ nn onninooriRg aRalysis of+ho impaGt that a prepr sedd a flr.r.rh. a y icy ovPonted Un h.A\/o nr +4,0 0 the eVall-lati.9-A Shall be prepared by a 20. 2-3- 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. 21. 24 HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. 22. 2-5- 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. 23. � 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: 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 24 Page 35 of 38 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. 24. 2-7-. 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. 25. 2$ MARKET VALUE - The r,riGe at Whinh a PFGPeFt y Will nhaRge haniJc nr coll -AniJ hn+h h-AViRg reaSGRahle Lnn4AX1P_d a „f Felo„;;n+ fin+c 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 is the may be oc+ahGched by a qualified iRdepeRde t appFais Actual Cash Value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or the ad valorem tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. 26. 2-9-. 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. 300. NIE�n/ MANUFACTURED RED HOME PARK QR S BDIVISIC)N n m.ani,f.r__WrPWr hem e park A r 1;-'hd 0�go!.;OA A fAr Wh mr-h thp r_n P1;tn-r-ton P nf f—ArGill mitipe 16; fn-.r 16pe poxmir.m.ng the !()tS ()14 Ieihinh the hr WIP-6 .Aro U-3 ho _A#iXed at a minimi 1m the Gf 0 the streets, nri rinir ref nGnnrete pads) icy nGmnleted r�aftor aR rani 3 197-9- 27. Q7-9- 27. 34- SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach. 28. 32L. 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, A1, A307 AE, A99, AH, V1, V307 VE or V. 25 Page 36 of 38 29. 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. 30. 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. 31. 3.&- 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. 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. MANGROVE STAND -An assemblage of trees which contain one (1) or more of the following species: black mangrove, red mangrove, white mangrove and buttonwood. 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 homes shall not be permitted in flood hazard areas. MANUFACTURED HOME PARK - Premises typically referred to as a mobile home or trailer park, where manufactured homes are installed for non-transient living or sleeping purposes. Manufactured homes parks shall not be permitted in flood hazard areas. MEAN SEA LEVEL - The average elevation of the sea for all stages of the tide. The term is synonymous with national geodetic vertical datum (NGVD). MOBILE HOME - See "Manufactured Home." 26 Page 37 of 38 MOBILE HOME PARK - A subdivision of land for the sale of lots for manufactured homes. NATIONAL GEODETIC VERTICAL DATUM (NGVD) -A vertical control used for establishing varying elevations within the floodplain. RECREATIONAL VEHICLE - A travel trailer, camp trailer, chassis mount camper or motor home, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles. START OF CONSTRUCTION - 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 structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE -Any building or improvement constructed upon real property located within the municipal limits of the city. Also see "Historic Preservation, Structure(s)." VARIANCE - Relief from certain requirements of the regulations herein as described where such variance will not be contrary to the public interest and warranted due to conditions peculiar to the property and not the result of the actions of the applicant, and when literal 27 Page 38 of 38 MINUTES � a PLANNING AND DEVELOPMENT BOARD 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, SEPTEMBER 28, 2021, 6:30 P.M. PRESENT: STAFF: Trevor Rosecrans, Chair Mike Rumpf, Planning & Zoning Administrator Butch Buoni, Vice Chair Sean Swartz, City Attorney Tim Litsch John Kuntzman, Building Official Darren Allen Lisa Tayar, Prototype, Inc. Kevin Fischer Lyman Phillips, Alternate Jay Sobel, Alternate ABSENT: Thomas Ramiccio Chris Simon The meeting was called to order at 6:47 p.m. 1. Pledge of Allegiance 2. Roll Call Roll was called and it was determined a quorum was present. 3. Agenda Approval Motion made by Vice Chair Buoni, seconded by Mr. Sobel, to approve the agenda. In a voice vote, the agenda was unanimously approved (7-0). 4. Approval of Minutes 4.A. Approve board minutes from the 05/25/2021 Planning & Development Board meeting. Motion made by Mr. Sobel, seconded by Vice Chair Buoni,to approve the May 25,2021 meeting minutes. 5. Communications and Announcements: Report from Staff Mr. Rumpf thanked the Board for their service. Mr. Rumpf reported that staff is nearing completion of an amendment to City sign regulations. Target areas have been reviewed and problems with compliance issues are being addressed. The regulations are being reviewed mainly for business promotion and development purposes. Money has come in from Meeting Minutes Planning and Development Board Page 2 September 28, 2021 Federal and State offices to assist businesses impacted by Covid, but not enough for all who needed it. The City is looking at additional signage provisions which could be beneficial to local businesses. There have been recent instances where residential communities have requested expansion or replacement of non-conforming signage. Amendments are proposed in that area as well. A notice and draft of the amendments were placed on the City's website to collect public comments; however, there are glitches in the document which will need further cleaning up, although Mr. Rumpf expects the document to be ready for distribution the following day. The City will also be reaching out to sign contractors and the business community. A final draft will be provided to the Board next month prior to submission to the Commission. Ongoing draft revisions with significant changes will be provided to the Board as available. 6. Old Business - none 7. New Business 7.A. Flood Mitigation & CRS Rating (CDRV 21-002) -Approve proposed amendments to the Land Development Regulations, Chapter 1. General Administration,Article IL Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards necessary to maintain compliance with FEMA requirements and to maximize the City's CRS score. Applicant: City initiated. Mr. Rumpf advised that FEMA sets down rules for cities to follow with regard to flood plain management, which are reflected in Land Development Regulations and the Florida Building Code. FEMA has made recent changes to the flood maps, which will affect home construction and flood insurance premiums. Premiums are impacted by a city's rating as a result of audits conducted every three years by FEMA representatives. Audits are another opportunity for the City to drop or increase its rating. A rating increase could result in as much as a five percent reduction in insurance premiums. Provisions have been removed for mobile homes and mobile home parks within high flood hazard areas and definitions had been changed per FEMA's request. Mr. John Kuntzman has worked closely with the State's Flood Plain Office on the changes, having obtained preliminary support and approval. A handout flood map was provided as a visual aid for the Board members. Mr. Rumpf introduced John Kuntzman, City Building Official and Official Flood Plain Manager, who was in attendance to answer any questions of the Board. Mr. Fischer inquired regarding the prohibition of the placement of manufactured homes and was advised by Mr. Rumpf that restrictions would be on new manufactured homes, although he pointed out that there are no mobile homes or mobile home parks within the subject areas. Meeting Minutes Planning and Development Board Page 3 September 28, 2021 Chair Rosecrans then opened the meeting to public comment. Mr. Ernest Mignoli, 710 SE 7 Street, commented on saltwater intrusion and its affect on buildings, suggesting that the City is remiss in taking responsibility for building inspections. Motion made by Mr. Sobel, seconded by Vice Chair Buoni, to approve item 7.A. In a voice vote, the motion passed unanimously (7-0). 8. Other—none 9. Comments by Members Mr. Sobel commended City administration who had reached out to him after he had expressed his dissatisfaction and concerns regarding lack of handicap accessibility at City Hall. It was explained that mistakes had been made which are in the process of being rectified. 10. Adjournment Upon Motion duly made and seconded, the meeting at was adjourned at 7:18 p.m. [Minutes prepared by L. Tayar,Prototype,Inc.]