21-026 1
2 ORDINANCE NO. 21-026
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING THE LAND DEVELOPMENT REGULATIONS,CHAPTER 1,
7 ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 4, ARTICLE X,
8 "FLOOD PREVENTION REQUIREMENTS" TO REMOVE
9 REQUIREMENTS FOR MANUFACTURED HOMES IN FLOOD
10 HAZARD AREAS AND TO ADOPT REQUIREMENTS FOR ACCESSORY
11 STRUCTURES; PROVIDING FOR APPLICABILITY, SEVERABILITY
12 AND AN EFFECTIVE DATE.
13
14 WHEREAS,the Legislature of the State of Florida has, in Chapter 166—Municipalities,
15 Florida Statutes, conferred upon local governments the authority to adopt regulations
16 designed to promote the public health, safety, and general welfare of its citizenry; and
17 WHEREAS, the Federal Emergency Management Agency released FEMA Policy#104-
18 008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
19 Structures; and
20 WHEREAS, the City Commission has determined it appropriate to adopt regulations
21 that are consistent with the FEMA Policy to allow issuance of permits for wet floodproofed
22 accessory structures that are not larger than the sizes specified in the FEMA Policy; and
23 WHEREAS, the City of Boynton Beach participates in the National Flood Insurance
24 Program and participates in the NFIP's Community Rating System, a voluntary incentive
25 program that recognizes and encourages community floodplain management activities that
26 exceed the minimum program requirements; and
27 WHEREAS, the City of Boynton Beach does not allow placement or installation of
28 manufactured homes in flood hazard areas and has determined that it is appropriate to
29 remove requirements for manufactured homes in flood hazard areas from the floodplain
30 management regulations; and
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31 WHEREAS,the Federal Emergency Management Agency released FEMA Policy#104-
32 008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
33 Structures; and
34 WHEREAS, the City Commission has determined it appropriate to adopt regulations
35 that are consistent with the FEMA Policy to allow issuance of permits for wet floodproofed
36 accessory structures that are not larger than the sizes specified in the FEMA Policy.
37 WHEREAS, the City Commission of the City of Boynton Beach has considered the
38 recommendations and has determined that it is in the best interest of the citizens and
39 residents of the City of Boynton Beach, Florida to approve the amendments to the Land
40 Development Regulations as contained herein.
41 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
42 OF BOYNTON BEACH, FLORIDA, THAT:
43 Section 1. The foregoing whereas clauses are true and correct and are now ratified
44 and confirmed by the City Commission.
45 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1,
46 "General Administration", Article II, Definitions, is hereby amended as follows:
47 Chapter 1. General Administration, Article II. Definitions
48
49 *** *** ***
50 ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of
51 which is clearly incidental and related to that of the principal building or use of the land,
52 and which is located on the same lot as that of the principal building or use. Additional
53 design recommendations and/or standards may be applied to the accessory building or
54 structure. See "Flood, Accessory Structure."
55 *** *** ***
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56 DEVELOPMENT - A single use or combination of uses, proposed or approved, that may
57 include but not be limited to a single-family subdivision, townhomes, rental apartments,
58 condominiums, public facilities, commercial buildings, shopping centers, or industrial
59 projects, possibly of similar design, constructed as a unified community. Development shall
60 also include the meaning given it in F.S. § 380.04, pursuant to a development order or
61 permit. See "Flood, Development."
62 *** *** ***
63 FLOOD (FLOODING) - A general and temporary condition of partial or complete
64 inundation of normally dry land areas from the overflow of inland or tidal waters or the
65 unusual and rapid accumulation of runoff of surface waters from any source. For purposes
66 of Chapter 4, Article X, Flood Prevention Requirements:
67 1. ACCESSORY STRUCTURE - For the floodplain management purposes, a structure used
68 only for parking and storage that is located on the same parcel of property as a principal
69 structure and the use of which is incidental to the use of the principal structure. Note this
70 only applies to chapter 4 Art X
71 2. 1- ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation,
72 change in channel alignment, channelization, or change in cross-sectional area of the
73 channel or the channel capacity, or any other form of modification which may alter, impede,
74 retard or change the direction and/or velocity of the riverine flow of water during
75 conditions of the base flood.
76 3. ASCE 24 - A standard titled Flood Resistant Design and Construction that is
77 referenced by the Florida Building Code. ASCE 24 is developed and published by the
78 American Society of Civil Engineers, Reston, VA.
79 4. g, BASE FLOOD - A flood having a one percent (1%) chance of being equaled or
80 exceeded in any given year. The base flood is commonly referred to as the "one hundred
81 (100) year flood" or the "one percent (1%) annual chance flood."
82 5. 4. BASE FLOOD ELEVATION - The elevation of the base flood, including wave height,
83 relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
84 (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
85 6. 6, BASEMENT - The portion of a building having its floor subgrade (below ground
86 level) on all sides.
87 7. 6, BREAKAWAY WALL - A wall that is not part of the structural support of the
88 building and is intended to collapse without causing damage to the elevated portion of the
89 building or the foundation system.
90 8. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of
91 Florida pursuant to F.S. § 161.053, and recorded in the official records of the community,
92 which defines that portion of the beach-dune system subject to severe fluctuations based
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93 on a one hundred (100)-year storm surge, storm waves or other predictable weather
94 conditions.
95 9. 8, COASTAL HIGH HAZARD AREA - A special flood hazard area extending from
96 offshore to the inland limit of a primary frontal dune along an open coast and any other
97 area subject to high velocity wave action from storms or seismic sources. Coastal high
98 hazard areas are also referred to as "high hazard areas subject to high velocity wave action"
99 or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30. VE,
100 or V.
101 10. 9 DESIGN FLOOD - The flood associated with the greater of the following two (2)
102 areas: 1) area with a floodplain subject to a one percent (1%) or greater chance of flooding
103 in any year; or 2) area designated as a flood hazard area on the community's flood hazard
104 map, or otherwise legally designated.
105 11. 4$ DESIGN FLOOD ELEVATION - The elevation of the "design flood," including
106 wave height, relative to the datum specified on the community's legally designated flood
107 hazard map. In areas designated as Zone AO, the design flood elevation shall be the
108 elevation of the highest existing grade of the building's perimeter plus the depth number
109 (in feet) specified on the flood hazard map. In areas designated as Zone AO where the
110 depth number is not specified on the map, the depth number shall be taken as being equal
111 to two (2) feet.
112 12. DEVELOPMENT - Any man-made change to improved or unimproved real
113 estate, including but not limited to, buildings or other structures, tanks, temporary
114 structures, temporary or permanent storage of equipment or materials, mining, dredging,
115 filling, grading, paving, excavations, drilling operations or any other land disturbing
116 activities. Note this only applies to chapter 4 Art X
117 13. 1-2, ENCROACHMENT - The placement of fill, excavation, buildings, permanent
118 structures or other development into a flood hazard area which may impede or alter the
119 flow capacity of riverine flood hazard areas.
120 14. 43 EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures
121 for which the "start of construction" commenced before January 3, 1979.
122 11. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home
123 park or subdivision for which the construction of facilities for servicing the lots on which the
125 •- - - - - "' - - - -- - " = -- - - '" --- - - - --=
126 completed before January 3, 1979.
127 15. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OF SUBPIV1SON The
128 atien of additional sites by the-C(945414C _ e - • • - e - e -- e _ -
129 -- - - - - - - - - - - - - - - - - - - - - - - --
130 ---
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131 15. 46, FLOOD DAMAGE-RESISTANT MATERIALS - Any construction material capable of
132 withstanding direct and prolonged contact with floodwaters without sustaining any damage
133 that requires more than cosmetic repair.
134 16. 4.7, FLOOD HAZARD AREA - The greater of the following two (2) areas: 1)the area
135 within a floodplain subject to a one percent (1%) or greater chance of flooding in any year;
136 and/or 2) the area designated as a flood hazard area on the community's flood hazard map,
137 or otherwise legally designated.
138 17. 413, FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community on
139 which the Federal Emergency Management Agency has delineated both the areas of special
140 flood hazard and the risk premium zones applicable to the community.
141 18. 49, FLOOD INSURANCE STUDY - The official report provided by the Federal
142 Emergency Management Agency which contains flood profiles, flood boundary-floodway
143 map and water surface elevation of the base flood.
144 19. 24, FLOODPLAIN ADMINISTRATOR - The office or position designated and charged
145 with the administration and enforcement of this chapter (may be referred to as the
146 Floodplain Manager).
147 21. FLOODWAY The channel of a watercourse and the adjacent land areas that
148 must be reserved in order to discharge the base flood without cumulatively increasing the
149 water surface elevation more than one (1)foot.
150 22. FLOODWAY ENCROACHMENT ANALYSIS An engineering analysis of the
151 e. - - - --- - -- _. - - - --- - • . e - - - '" eee . .
•
•
152 ee. e. . .-e e. - eee - - - ; •" - -- - - c- - e. - - - e.. . •-e
153 Florida licensed engineer using standard engineering methods and models.
154 20. FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended
155 purpose unless it is located or carried out in close proximity to water, including only
156 docking facilities, port facilities that are necessary for the loading and unloading of cargo or
157 passengers, and ship building and ship repair facilities; the term does not include long term
158 storage or related manufacturing facilities.
159 21. 24. HIGHEST ADJACENT GRADE - The highest natural elevation of the ground
160 surface prior to construction next to the proposed walls or foundation of a structure.
161 22. 2-5, HISTORIC STRUCTURE - Any structure that is determined eligible for the
162 exception to the flood hazard area requirements of the Florida Building Code, Existing
163 Building, Chapter 12 Historic Buildings.
164 23. 2-6, LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA
165 that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.
166 Letters of Map Change include:
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167 a. LETTER OF MAP AMENDMENT (LOMA) - An amendment based on technical data
168 showing that a property was incorrectly included in a designated special flood hazard
169 area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that
170 a specific property, portion of a property, or structure is not located in a special flood
171 hazard area.
172 b. LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may
173 show changes to flood zones, flood elevations, special flood hazard area boundaries and
174 floodway delineations, and other planimetric features.
175 c. LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a
176 structure or parcel of land has been elevated by fill above the base flood elevation and is,
177 therefore, no longer located within the special flood hazard area. In order to qualify for this
178 determination, the fill must have been permitted and placed in accordance with the
179 community's floodplain management regulations.
180 d. CONDITIONAL LETTER OF MAP REVISION (CLOMR) - A formal review and
181 comment as to whether a proposed flood protection project or other project complies with
182 the minimum NFIP requirements for such projects with respect to delineation of special
183 flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or
184 Flood Insurance Study; upon submission and approval of certified as-built documentation, a
185 Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
186 24. LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or
187 structure, including basement, but excluding any unfinished or flood-resistant enclosure,
188 other than a basement, usable solely for vehicle parking, building access or limited storage
189 provided that such enclosure is not built so as to render the structure in violation of the
190 non-elevation requirements of the Florida Building Code or ASCE 24.
191 25.28, MARKET VALUE - The price at which a property will change hands between a
192 willing buyer and a willing seller, neither party being under compulsion to buy or sell and
193 __ - _ _ _ _ _ _ - _ -ee- e - _ - . As used in Chapter 4, Article X, the
194 term refers to the market value of buildings and structures, excluding the land and other
195 improvements on the parcel. Market value is the may be established by a qualified
196 independent appraiser. Actual Cash Value (in-kind replacement cost depreciated for age,
197 wear and tear, neglect, and quality of construction) determined by a qualified independent
198 appraiser, or the ad valorem tax assessment value adjusted to approximate market value by
199 a factor provided by the Property Appraiser.
200 26. 29, NEW CONSTRUCTION - For the purposes of administration of Chapter 4, Article
201 X, and the flood resistant construction requirements of the Florida Building Code, structures
202 for which the "start of construction" commenced on or after January 3, 1979 and includes
203 any subsequent improvements to such structures.
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204 30. NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home
205 -- - - c:• • - - - -- - - - - - • - - - - '- - - • - --
206
207 ---
208 - e _ - - - - • - - -- • ' '
209 27. SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds
210 landward of the beach.
211 28. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent
212 (1%) or greater chance of flooding in any given year. Special flood hazard areas are shown
213 on FIRMs as Zone A, AO, Al, A30, AE, A99, AH, V1, V30, VE or V.
214 29. 3-3, SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or
215 structure whereby the cost of restoring the building or structure to its before-damaged
216 condition would equal or exceed 50 percent of the market value of the building or structure
217 before the damage occurred.
218 30. 34: SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition,
219 or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%)
220 of the market value of the structure before the improvement or repair is started, or if the
221 structure has been damaged and is being restored, before the damage occurred. For the
222 purposes of this definition, "substantial improvement" is considered to occur when the first
223 alteration of any wall, ceiling, floor or other structural part of the building commences,
224 whether or not that alteration affects the external dimensions of the structure. The term
225 does not, however, include (1) Any project for improvement of a building required to
226 correct existing health, sanitary, or safety code violations identified by the building official
227 and that are the minimum necessary to assure safe living conditions, or (2) Any alteration of
228 a historic structure provided the alteration will not preclude the structure's continued
229 designation as a historic structure.
230 31. 3-5, WATERCOURSE - For the purposes of Chapter 4. Article X, a river, creek, stream,
231 channel or other topographic feature in, on, through, or over which water flows at least
232 periodically.
233 *** *** ***
234 MEAN SEA LEVEL The average elevation of the sea for all stages of the tide. The term is
235
236 *** *** ***
237 NATIONAL GEODETIC VERTICAL DATUM (NGVD) A vertical control used for establishing
238 - _ - - _ - - -- --- -
239 *** *** ***
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240 Sections 3. City of Boynton Beach Land Development Regulations, Chapter 4,
241 Article X, "Flood Prevention Requirements", is hereby amended as follows:
242 Chapter 4, Article X. Flood Prevention Requirements
243
244 Sec. 1. General.
245 A. Short Title. This article shall hereafter be known and cited as the "City Flood
246 Prevention Code."
247 B. Purpose and Intent.The purpose of this article and the flood load and flood resistant
248 construction requirements of the Florida Building Code (FBC) are to establish minimum
249 requirements to safeguard the public health, safety, and general welfare and to minimize
250 public and private losses due to flooding through regulation of development in flood
251 hazard areas to:
252 1. a. Minimize unnecessary disruption of commerce, access, and public service during
253 times of flooding;
254 b. Require the use of appropriate construction practices in order to prevent or
255 minimize future flood damage;
256 c. Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
257 storage of equipment or materials, and other development which may increase flood
258 damage or erosion potential;
259 d. Manage the alteration of flood hazard areas, watercourses, and shorelines to
260 minimize the impact of development on the natural and beneficial functions of the
261 floodplain;
262 e. Minimize damage to public and private facilities and utilities;
263 f. Help maintain a stable tax base by providing for the sound use and development
264 of flood hazard areas;
265 g. Minimize the need for future expenditure of public funds for flood control projects
266 and response to and recovery from flood events;
267 h. Meet the requirements of the National Flood Insurance Program (NFIP) for
268 community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR);
269 and
270 i. To ensure that potential homebuyers are notified that property is in a flood area.
271 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article
272 includes methods and provisions that are designed to:
273 a. Restrict or prohibit uses which are dangerous to health, safety and property due to
274 water or erosion hazards, or which result in damaging increases in erosion or in flood
275 heights or velocities;
276 b. Require that uses vulnerable to floods, including facilities which serve such uses,
277 be protected against flood damage at the time of initial construction;
278 c. Control the alteration of natural floodplains, stream channels and natural
279 protective barriers which are involved in the accommodation of flood waters;
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280 d. Control filling, grading, dredging and other development which may increase
281 erosion or flood damage; and
282 e. Prevent or regulate the construction of flood barriers which will unnaturally divert
283 flood waters or which may increase flood hazards to other lands.
284 3. This article is intended to be administered and enforced in conjunction with the
285 Florida Building Code.Where cited, ASCE 24 refers to the edition of the standard that is
286 referenced in the Florida Building Code.
287 C. Administration.
288 1. Administrator. The Building Official is designated the Floodplain Administrator. The
289 Floodplain Administrator shall have the authority to interpret and administer this article and
290 may delegate performance of certain duties to other employees. The Floodplain
291 Administrator shall have the authority to render interpretations of this article consistent with
292 the intent and purpose of this article and may establish policies and procedures in order to
293 clarify the application of its provisions. Such interpretations, policies, and procedures shall
294 not have the effect of waiving requirements specifically provided in this article without the
295 granting of a variance issued in accordance with Chapter 2, Article IV, Section 4.
296 2. Duties. Duties of the administrator or his designee shall include, but not be limited
297 to:
298 a. Review all development permits to determine whether proposed new
299 development will be located in flood hazard areas to assure that the permit requirements of
300 this article have been satisfied. This includes reviewing applications for modifications of any
301 existing development in flood hazard areas.
302 b. Advise permittee that additional federal or state permits may be required, and if
303 specific federal or state permits are known, require that copies of such permits be provided
304 and maintained on file with the development permit. Such permits include but are not
305 limited to:
306 i. The South Florida Water Management District; section 373.036, F.S.
307 ii. Florida Department of Health for onsite sewage treatment and disposal systems;
308 section 381.0065, F.S. and Chapter 64E-6, F.A.C.
309 iii. Florida Department of Environmental Protection for construction, reconstruction,
310 changes, or physical activities for shore protection or other activities seaward of the coastal
311 construction control line; section 161.141, F.S.
312 iv. Florida Department of Environmental Protection for activities subject to the Joint
313 Coastal Permit: section 161.055, F.S.
314 v. Florida Department of Environmental Protection for activities that affect wetlands
315 and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
316 404 of the Clean Water Act.
317 vi. Federal permits and approvals.
318 c. Notify adjacent communities and the state division of emergency management
319 prior to any alteration or relocation of a watercourse, and submit evidence of such
320 notification to the Federal Emergency Management Agency (FEMA).
321 d. Assure that maintenance is provided within the altered or relocated portion of said
322 watercourse so that the flood-carrying capacity is not diminished.
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323 e. Where interpretation is needed as to the exact location of the boundaries of the
324 areas of special flood hazard (for example, where there appears to be a conflict between a
325 mapped boundary and actual field conditions), the administrator shall make the necessary
326 interpretation. The person contesting the location of the boundary shall be given a
327 reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VIII,
328 Section 1.D.2.
329 f. Determine whether additional flood hazard data shall be obtained from other
330 sources or shall be developed by an applicant.
331 g. Review applications to determine whether proposed development will be
332 reasonably safe from flooding.
333 h. Issue development permits or approvals for development other than buildings and
334 structures that are subject to the FBC, including buildings, structures and facilities exempt
335 from the FBC, when compliance with this article is demonstrated, or disapprove the same in
336 the event of noncompliance.
337 i. Coordinate with and provide comments to the Building Official to assure that
338 applications, plan reviews, and inspections for buildings and structures in flood hazard areas
339 comply with the applicable provisions of this article.
340 3. Substantial Improvement and Substantial Damage Determinations. For applications
341 for building permits to improve buildings and structures, including alterations, movement,
342 enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
343 renovations, substantial improvements, repairs of substantial damage, and any other
344 improvement of or work on such buildings and structures, the Floodplain Administrator, in
345 coordination with the Building Official, shall:
346 a. Estimate the market value, or require the applicant to obtain an appraisal of the
347 market value prepared by a qualified independent appraiser, of the building or structure
348 before the start of construction of the proposed work; in the case of repair,the market
349 value of the building or structure shall be the market value before the damage occurred and
350 before any repairs are made;
351 b. Compare the cost to perform the improvement, the cost to repair a damaged
352 building to its pre-damaged condition, or the combined costs of improvements and repairs,
353 if applicable, to the market value of the building or structure;
354 c. Determine and document whether the proposed work constitutes substantial
355 improvement or repair of substantial damage; and
356 d. Notify the applicant if it is determined that the work constitutes substantial
357 improvement or repair of substantial damage and that compliance with the flood resistant
358 construction requirements of the FBC and this article is required.
359 4. Modifications of the strict application of the requirements of the Florida Building
360 Code. The Floodplain Administrator shall review requests submitted to the Building Official
361 that seek approval to modify the strict application of the flood load and flood resistant
362 construction requirements of the Florida Building Code to determine whether such requests
363 require the granting of a variance pursuant to Chapter 2, Article IV, Section 4.
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364 5. Notice and Orders. The Floodplain Administrator shall coordinate with appropriate
365 local agencies for the issuance of all necessary notices or orders to ensure compliance with
366 this article.
367 6. Inspections.The Floodplain Administrator shall make the required inspections for
368 development that is not subject to the Florida Building Code, including buildings, structures
369 and facilities exempt from the Florida Building Code . The
370 Floodplain Administrator shall inspect flood hazard areas to determine if development is
371 undertaken without issuance of a permit.
372 7. Other Duties. The Floodplain Administrator shall have other duties, including but
373 not limited to:
374 a. Establish, in coordination with the Building Official, procedures for administering
375 and documenting determinations of substantial improvement and substantial damage;
376 b. Require that applicants proposing alteration of a watercourse notify adjacent
377 communities and the Florida Division of Emergency Management, State Floodplain
378 Management Office, and submit copies of such notifications to the Federal Emergency
379 Management Agency (FEMA);
380 c. Require applicants who submit hydrologic and hydraulic engineering analyses to
381 support permit applications to submit to FEMA the data and information necessary to
382 maintain the Flood Insurance Rate Maps (FIRM) if the analyses propose to change base
383 flood elevations, flood hazard area boundaries, or floodway designations; such submissions
384 shall be made within six (6) months of such data becoming available;
385 d. Review required design certifications and documentation of elevations specified
386 by this article and the FBC and this article to determine that such certifications and
387 documentations are complete;
388 e. Notify FEMA when the corporate boundaries of the city are modified; and
389 f. Advise applicants for new buildings and structures, including substantial
390 improvements, that are located in any unit of the Coastal Barrier Resources System
391 established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier
392 Improvement Act of 1990 (Pub. L. 101-590 that federal flood insurance is not available on
393 such construction; areas subject to this limitation are identified on the FIRM as "Coastal
394 Barrier Resource System Areas" and "Otherwise Protected Areas."
395 g. Floodplain Management Records. Regardless of any limitation on the period
396 required for retention of public records, the Floodplain Administrator shall maintain and
397 permanently keep and make available for public inspection all records that are necessary for
398 the administration of this article and the flood resistant construction requirements of the
399 FBC, including FIRM; Letters of Map Change; records of issuance of permits and denial of
400 permits; determinations of whether proposed work constitutes substantial improvement or
401 repair of substantial damage; required design certifications and documentation of
402 elevations specified by the FBC and this article: notifications to adjacent communities,
403 FEMA, and the state related to alterations of watercourses; assurances that the flood
404 carrying capacity of altered watercourses will be maintained; documentation related to
405 appeals and variances, including justification for issuance or denial; and records of
406 enforcement actions taken pursuant to this article and the flood resistant construction
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407 requirements of the FBC. These records shall be available for public inspection at the
408 Development Department.
409 D. Applicability.
410 1. Scope. This article applies to all development of real property located within the
411 city, including areas of special flood hazard. Development shall include but not be limited
412 to the subdivision of land; filling, grading, and other site improvements and utility
413 installations; construction, alteration, remodeling, enlargement, improvement, replacement,
414 repair, relocation or demolition of buildings, structures, and facilities that are exempt from
415 the Florida Building Code; _ . ----- , - •_-, _ _ . ----- _ - . . - -_ _ --
416 ; installation or replacement of tanks; installation of swimming
417 pools; and any other development.
418 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS)for Palm
419 Beach County, Florida and Incorporated Areas dated October 5, 2017, and all subsequent
420 amendments and revisions, and the accompanying FIRMs, and all subsequent amendments
421 and revisions to such maps, are adopted by reference as a part of this article and shall serve
422 as the minimum basis for establishing flood hazard areas. Studies and maps that establish
423 flood hazard areas are on file in the Development Department at the city.
424 3. Additional Data to Establish Flood Hazard Area. To establish flood hazard areas and
425 base flood elevations pursuant to this article the Floodplain Administrator may require
426 submission of additional data. Where field surveyed topography prepared by a Florida
427 licensed professional surveyor or digital topography accepted by the community indicates
428 that ground elevations:
429 a. Are below the closest applicable base flood elevation, even in areas not delineated
430 as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area
431 and subject to the requirements of this article and, as applicable, the requirements of the
432 FBC.
433 b. Are above the closest applicable base flood elevation, the area shall be regulated
434 as special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC)
435 that removes the area from the special flood hazard area.
436 E. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions
437 which pertain to the regulations and standards contained herein.
438 F. Rules.
439 1. Compliance. No structure or land shall hereafter be located, extended, converted, or
440 structurally altered without full compliance with the terms of this article and other
441 applicable regulations.
442 2. Abrogation. This article supersedes any ordinance in effect for management of
443 development in flood hazard areas. However, it is not intended to repeal or abrogate any
444 existing ordinances including but not limited to land development regulations, zoning
445 ordinances, stormwater management regulations, or the FBC. In the event of a conflict
446 between this article and any other ordinance, the more restrictive shall govern. This article
447 shall not impair any deed restriction, covenant or easement, but any land that is subject to
448 such interests shall also be governed by this article.
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449 3. Interpretation. In the interpretation and application of this article all provisions shall
450 be:
451 a. Considered as minimum requirements;
452 b. Liberally construed in favor of the governing body; and
453 c. Deemed neither to limit nor repeal any other powers granted under state statutes.
454 G. Conflict. Whenever the regulations and requirements of this article conflict with any
455 other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most
456 restrictive shall apply, unless otherwise stated herein. The provisions of this article shall not
457 be deemed to nullify any provisions of local, state, or federal law.
458 H. Relief from Requirements. Unless described otherwise, any deviation from the flood
459 prevention regulations contained herein shall require approval of variance application,
460 which is subject to review and approval by the Building Board of Adjustment and
461 Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV,
462 Section 4.
463 I. Warning and Disclaimer. The degree of flood protection required by this article and
464 the FBC, as amended by this community, is considered the minimum reasonable for
465 regulatory purposes and is based on scientific and engineering considerations. Larger
466 floods can and will occur. Flood heights may be increased by manmade or natural
467 causes. This article does not imply that land outside of mapped special flood hazard areas,
468 or that uses permitted within such flood hazard areas, will be free from flooding or flood
469 damage. The flood hazard areas and base flood elevations contained in the FIS and shown
470 on FIRM and the requirements of 44 CFR may be revised by the FEMA, requiring this
471 community to revise these regulations to remain eligible for participation in the NFIP. No
472 guaranty of vested use, existing use, or future use is implied or expressed by compliance
473 with this article. This article shall not create liability on the part of the city or by any officer
474 or employee thereof for any flood damage that results from reliance on this article or any
475 administrative decision lawfully made thereunder.
476
477 Sec. 2. City Approval Required.
478 Any owner or owner's authorized agent who intends to undertake any development
479 activity within the scope of this article, which is wholly within or partially within any flood
480 hazard area shall first make application to the Floodplain Administrator or designee and
481 shall obtain the required permit(s) and approval(s). No such permit or approval shall be
482 issued until compliance with the requirements of this article and all other applicable codes
483 and regulations has been satisfied. Flood zone elevation certification shall be required for
484 improvements in applicable flood zones, and reviewed in accordance with the procedures
485 set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that
486 upon its completion, would result in the issuance of a certificate of occupancy. With respect
487 to building and land development permits, the site plan or construction documents for any
488 development subject to the requirements of this article shall be drawn to scale and shall
489 include, as applicable to the proposed development:
490 A. Development in Flood Hazard Areas.
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491 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base
492 flood elevation(s), and ground elevations if necessary for review of the proposed
493 development.
494 2. Where base flood elevations, or floodway data are not included on the FIRM or in
495 the FIS, they shall be established in accordance with Section 2.B. or Section 2.C. below.
496 3. Where the parcel on which the proposed development will take place will have more
497 than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not
498 included on the FIRM or in the FIS, such elevations shall be established in accordance with
499 Section 2.B. below.
500 4. Location of the proposed activity and proposed structures, and locations of existing
501 buildings and structures; in coastal high hazard areas, new buildings shall be located
502 landward of the reach of mean high tide.
503 5. Location, extent, amount, and proposed final grades of any filling, grading, or
504 excavation.
505 6. Where the placement of fill is proposed, the amount, type, and source of fill material;
506 compaction specifications; a description of the intended purpose of the fill areas; and
507 evidence that the proposed fill areas are the minimum necessary to achieve the intended
508 purpose.
509 7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site
510 is seaward of the coastal construction control line, if applicable.
511 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such
512 alteration is approved by the Florida Department of Environmental Protection.
513 9. Existing and proposed alignment of any proposed alteration of a watercourse.
514 The Floodplain Administrator is authorized to waive the submission of site plans,
515 construction documents, and other data that are required by this article, but that are not
516 required to be prepared by a registered design professional if it is found that the nature of
517 the proposed development is such that the review of such submissions is not necessary to
518 ascertain compliance with this article.
519 B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone
520 A). Where flood hazard areas are delineated on the FIRM and base flood elevation data
521 have not been provided, the Floodplain Administrator shall:
522 1. Require the applicant to include base flood elevation data prepared in accordance
523 with currently accepted engineering practices.
524 2. Obtain, review, and provide to applicant's base flood elevation and floodway data
525 available from a federal or state agency or other source or require the applicant to obtain
526 and use base flood elevation and floodway data available from a federal or state agency or
527 other source.
528 3. Where base flood elevation and floodway data are not available from another
529 source, where the available data are deemed by the Floodplain Administrator to not
530 reasonably reflect flooding conditions, or where the available data are known to be
531 scientifically or technically incorrect or otherwise inadequate:
532 a. Require the applicant to include base flood elevation data prepared in accordance
533 with currently accepted engineering practices; or
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534 b. Specify that the base flood elevation is two (2) feet above the highest adjacent
535 grade at the location of the development, provided there is no evidence indicating flood
536 depths have been or may be greater than two (2) feet.
537 4. Where the base flood elevation data are to be used to support a LOMC from FEMA,
538 advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a
539 format required by FEMA, and that it shall be the responsibility of the applicant to satisfy
540 the submittal requirements and pay the processing fees.
541 C. Additional Analyses and Certifications. As applicable to the location and nature of the
542 proposed development activity, and in addition to the requirements of this section, the
543 applicant shall have the following analyses signed and sealed by a Florida licensed engineer
544 for submission with the site plan and construction documents:
545 1. For development activities proposed to be located in a regulatory floodway, a
546 floodway encroachment analysis that demonstrates that the encroachment of the proposed
547 development will not cause any increase in base flood elevations; where the applicant
548 proposes to undertake development activities that do increase base flood elevations, the
549 applicant shall submit such analysis to FEMA as specified in Section 2. C. 6. below and shall
550 submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site
551 plan and construction documents.
552 2. For development activities proposed to be located in a riverine flood hazard area for
553 which base flood elevations are included in the FIS or on the FIRM and floodways have not
554 been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative
555 effect of the proposed development, when combined with all other existing and anticipated
556 flood hazard area encroachments, will not increase the base flood elevation more than one
557 (1) foot at any point within the community. This requirement does not apply in isolated
558 flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas
559 identified as Zone AO or Zone AH.
560 3. Where small streams exist, but where no base flood data has been provided or
561 where no floodways have been provided, no encroachments, including fill material or
562 structures, shall be located within a distance of the stream bank equal to five (5) times the
563 width of the stream at the top of bank or twenty (20) feet on each side from top of bank,
564 whichever is greater, unless certification by a Florida registered engineer is provided
565 demonstrating that such encroachments will not result in any increase in flood levels during
566 the occurrence of the base flood discharge.
567 4. For alteration of a watercourse, an engineering analysis prepared in accordance with
568 standard engineering practices which demonstrates that the flood-carrying capacity of the
569 altered or relocated portion of the watercourse will not be decreased, and certification that
570 the altered watercourse shall be maintained in a manner which preserves the channel's
571 flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in
572 Section 2. C. 6. below.
573 5. For activities that propose to alter sand dunes or mangrove stands in coastal high
574 hazard areas (Zone V), an engineering analysis that demonstrates that the proposed
575 alteration will not increase the potential for flood damage.
576 6. When additional hydrologic, hydraulic or other engineering data, studies, and
577 additional analyses are submitted to support an application, the applicant has the right to
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578 seek a Letter of Map Change from FEMA to change the base flood elevations, change
579 floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to
580 submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida
581 licensed engineer in a format required by FEMA. Submittal requirements and processing
582 fees shall be the responsibility of the applicant.
583
584 Sec. 3. Minimum Finished Floor Elevation (Non-Flood Hazard Area).
585 The finished floor elevation of all habitable space of new construction not located in a flood
586 hazard area shall be elevated a minimum of twelve (12) inches above the average crown
587 height of the adjacent roadway. The finished floor elevation of all habitable space of
588 building additions and/or substantial improvements not located in a flood hazard area shall
589 be no lower than the existing finished floor elevation.
590
591 Sec.4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone AO).
592 In areas of indeterminate drainage subject to sheet flow (Zone AO), lowest floors shall be at
593 or above the elevation specified in the Florida Building Code or at least 2 feet above the
594 average crown of road, whichever is higher.
595
596 Sec. 5. Specific Requirements by Type of Improvement or Development.
597 A. Site Improvements, Utilities and Limitations.
598 1. General. All proposed new development shall be reviewed to determine that:
599 a. Such proposals are consistent with the need to minimize flood damage and will be
600 reasonably safe from flooding;
601 b. All public utilities and facilities such as sewer, gas, electric, communications, and
602 water systems are located and constructed to minimize or eliminate flood damage; and
603 c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
604 and AO, adequate drainage paths shall be provided to guide floodwaters around and away
605 from proposed structures.
606 2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities,
607 private sewage treatment plants (including all pumping stations and collector systems), and
608 on-site waste disposal systems shall be designed in accordance with the standards for
609 onsite sewage treatment and disposal systems in FAC Chapter 64E-6 and ASCE 24, Chapter
610 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from
611 the facilities into floodwaters, and impairment of the facilities and systems.
612 3. Water Supply Facilities. All new and replacement water supply facilities shall be
613 designed in accordance with the water well construction standards in FAC Chapter 62-
614 532.500 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the
615 systems.
616 4. Limitations on Placement of Fill. Subject to the limitations of this article, fill shall be
617 designed to be stable under conditions of flooding including rapid rise and rapid drawdown
618 of floodwaters, prolonged inundation, and protection against flood-related erosion and
619 scour. In addition to these requirements, if intended to support buildings and structures
620 (Zone A only), fill shall comply with the requirements of the FBC.
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621 5. Limitations on Sites in Regulatory Floodways. No development, including but not
622 limited to site improvements, and land disturbing activity involving fill or regrading, shall be
623 authorized in the regulatory floodway unless the floodway encroachment analysis required
624 in Section 2.C.1 of this article demonstrates that the proposed development or land
625 disturbing activity will not result in any increase in the base flood elevation.
626 B. Subdivision Standards.
627 1. General. The following provisions shall apply for all subdivision proposals:
628 a. All subdivision proposals shall be consistent with the need to minimize flood
629 damage.
630 b. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
631 electrical and water systems located and constructed to minimize flood damage.
632 c. All subdivision proposals shall have adequate drainage provided to reduce
633 exposure to flood hazards.
634 d. Base flood elevation data shall be provided for subdivision proposals and other
635 proposed development which contains more than fifty (50) lots or is larger than five (5)
636 acres.
637 e. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
638 and AO, adequate drainage paths shall be provided to guide floodwaters around and away
639 from proposed structures.
640 2. Subdivision Plats. Where any portion of proposed subdivisions, including
641 manufactured home parks and subdivisions, lies within a flood hazard area, the following
642 shall be required:
643 a. Delineation of flood hazard areas, floodway boundaries and flood zones, and
644 design flood elevations, as appropriate, shall be shown on preliminary plats;
645 b. Where the subdivision has more than fifty (50) lots or is larger than five (5) acres
646 and base flood elevations are not included on the FIRM, the base flood elevations
647 determined in accordance with the requirements contained herein; and
648 c. Compliance with the site improvement and utilities requirements contained herein
649 of this article.
650 C. Manufactured Homes.
651 1. General. Manufactured homes, as defined in Chapter 1, Article II, Definitions, are not
652 permitted in flood hazard areas. A
653 - - - - - - - e -- -• - ' _ - - - -
654 with the requirements of FAC Chapter 15C 1 and the requirements of this article. If located
655 - - - - '' - - - - - - - -- _ _ - -- - _ - _ -
656
657 2. Foundations. All new manufactured homes and replacement manufactured homes
658 •- - - •" eee - - - - - . : e :- :- -- --- , - - : - e. e. - -
659 a. In flood hazard areas (Zone A) other than coastal high hazard areas, arc designed
660 •- . _ _. - • - -- -- -- - .• ----- _ -- : , _ - •. - •- • -
661 - - -- -- - - - - - - - - - - " - - - - -
662 _ -- - - - - _ - e - - - - _- -- e- - - ----- - - - - --
663 strength.
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664 b. In coastal high hazard areas (Zone V), arc designed in accordance with the
665 foundation requirements of the FBC, Residential Section R322.3 and this article.
666 3. Anchoring. All new manufactured homes and replacement manufactured homes
667 - - - - - - •-- -- - - e - - -- - •- - --- -- -- - - -668
669 or lateral movement. Methods of anchoring include, but are not limited to, use of over the
670 top or frame ties to ground anchors. This anchoring requirement is in addition to
671 --- - - - - - -- - - -- - - ----- _ _ - .
672 4. Elevation. Manufactured homes that arc placed, replaced, or substantially improved
673 shall comply with Section 5.C.5. or Section 5.C.6. below, as applicable.
674 5. General Elevation Requirement. Unless subject to the requirements of Section 5.C.6.
675 - - , . - - - - - -- - - - - e, - - - - - - - -
•
•
676 - - -- - - - ' .. - - - - - '- -- - - -- - - ' - - - -
677 home park or subdivision; 3) in an expansion to an existing manufactured home park or
678 - -- - - - - - - -- - - -- - --
679 manufactured home has incurred "substantial damage" as the result of a flood, shall be
680 - - - - - - -- -- c-- _ -- -- . - - - -- -- - - - - • -e, .
681 applicable to the flood hazard arca, in the FBC, Residential Section R322.2 (Zone A) or
682 Section R322.3 (Zone V).
683 6. Elevation Requirement for Certain Existing Manufactured Home Parks and
684 Subdivisions. Manufactured homes that are not subject to Section 5.C.5. of this article,
685 •- -- - - - - - - - - - - - e - - - - - - - -
686 - - - - - - - -- - - - - - - -
687 - - - -- •- - - - -- -- - - e, - - - - - - - -- -
688 a. Bottom of the frame of the manufactured home is at or above the elevation
689 - e, - --- • -- - - -- --- - - - - •- -- _ , •- _ - - •_ ' .
690 {Zone A) or Section R322.3 (Zone V); or
691 b. Bottom of the frame is supported by reinforced piers or other foundation
692 - -••-- - - - - - -- - _ - _ - - _ - - - _ - - -- _
693 above grade.
694 7. Enclosures. Enclosed areas below elevated manufactured homes shall comply with
695 the requirements of the FBC, Residential Section R322 for such enclosed areas, as applicable
696 to the flood hazard area.
697 8. Utility Equipment. Utility equipment that serves manufactured homes, including
698 - - , ' - • e, _ • - •-', - - - e, - - -• - -• •- - -- - --- _ _ -- - .' -
699 _ . .700 --- • - - " - --- - - - - •
701 D. Tanks.
702 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to
703 prevent flotation, collapse or lateral movement resulting from hydrodynamic and
704 hydrostatic loads during conditions of the design flood, including the effects of buoyancy
705 assuming the tank is empty.
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706 2. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the
707 elevation requirements of Section 5.D.3. below shall:
708 a. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
709 provided the tanks are anchored or otherwise designed and constructed to prevent
710 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
711 during conditions of the design flood, including the effects of buoyancy assuming the tank
712 is empty and the effects of flood-borne debris.
713 b. Not be permitted in coastal high hazard areas (Zone V).
714 3. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be
715 attached to and elevated to or above the design flood elevation on a supporting structure
716 that is designed to prevent flotation, collapse or lateral movement during conditions of the
717 design flood. Tank-supporting structures shall meet the foundation requirements of the
718 applicable flood hazard area.
719 4. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be:
720 a. At or above the design flood elevation or fitted with covers designed to prevent
721 the inflow of floodwater or outflow of the contents of the tanks during conditions of the
722 design flood; and
723 b. Anchored to prevent lateral movement resulting from hydrodynamic and
724 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
725 E. Buildings and Structures.
726 1. Buildings, structures, and facilities that are exempt from the Florida Building Code.
727 Buildings, structures, and facilities that are exempt from the Florida Building Code, including
728 substantial improvement or repair of substantial damage of such buildings, structures and
729 facilities, shall be designed and constructed in accordance with the flood load and flood
730 resistant construction requirements of ASCE 24. Structures exempt from the Florida Building
731 Code that are not walled and roofed buildings shall comply with the requirements of
732 Section 5.F below.
733 2. Buildings and structures seaward of the coastal construction control line. If
734 extending, in whole or in part, seaward of the coastal construction control line and also
735 located, in whole or in part, in a flood hazard area:
736 a. Buildings and structures shall be designed and constructed to comply with the
737 more restrictive applicable requirements of the Florida Building Code, Building Section 3109
738 and Section 1612 or Florida Building Code, Residential Section R322.
739 b. Minor structures and non-habitable major structures as defined in section 161.54,
740 F.S., shall be designed and constructed to comply with the intent and applicable provisions
741 of this ordinance and ASCE 24.
742 3. Accessory structures. Accessory structures are permitted below the base flood
743 elevation provided the accessory structures are used only for parking or storage and:
744 a. If located in special flood hazard areas (Zone A/AE) other than coastal high hazard
745 areas, are one-story and not larger than 600 sq. ft.
746 b.If located in special flood hazard areas (Zone A/AE) other than coastal high hazard
747 areas, have flood openings in accordance with Section R322.2 of the Florida Building Code,
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748 Residential.
749 c. If located in coastal high hazard areas (Zone V/VE), are not located below elevated
750 buildings and are not larger than 100 sq.ft.
751 d.Are anchored to resist flotation, collapse or lateral movement resulting from flood
752 loads.
753 e. Have flood damage-resistant materials used below the base flood elevation plus
754 one (1) foot.
755 f. Have mechanical, plumbing and electrical systems, including plumbing fixtures,
756 elevated to or above the base flood elevation plus one (1) foot.
757
758 F. Other Development.
759 1. General Requirements for Other Development. All development, including man-
760 made changes to improved or unimproved real estate for which specific provisions are not
761 specified in this article or the Florida Building Code, shall:
762 a. Be located and constructed to minimize flood damage;
763 b. Meet the limitations of Section 5.A.5 of this article if located in a regulated
764 floodway:
765 c. Be anchored to prevent flotation, collapse or lateral movement resulting from
766 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;
767 d. Be constructed of flood damage-resistant materials; and
768 e. Have mechanical, plumbing, and electrical systems above the design flood
769 elevation or meet the requirements of ASCE 24, except that minimum electric service
770 required to address life safety and electric code requirements is permitted below the design
771 flood elevation provided it conforms to the provisions of the electrical part of building code
772 for wet locations.
773 2. Fences in Regulated Floodways. Fences in regulated floodways that have the
774 potential to block the passage of floodwaters, such as stockade fences and wire mesh
775 fences, shall meet the limitations of Section 5.A.5 of this article.
776 3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls
777 and sidewalks and driveways that involve the placement of fill in regulated floodways shall
778 meet the limitations of Section 5.A.5 of this article.
779 4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse
780 crossings, including roads, bridges, culverts, low-water crossings and similar means for
781 vehicles or pedestrians to travel from one side of a watercourse to the other side, that
782 encroach into regulated floodways shall meet the limitations of Section 5.A.5 of this article.
783 Alteration of a watercourse that is part of a road or watercourse crossing shall meet the
784 requirements of Section 2.C.1 of this article,
785 5. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways,
786 Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high
787 hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks,
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788 walkways, patios and similar nonstructural uses are permitted beneath or adjacent to
789 buildings and structures provided the concrete slabs are designed and constructed to be:
790 a. Structurally independent of the foundation system of the building or structure;
791 b. Frangible and not reinforced, so as to minimize debris during flooding that is
792 capable of causing significant damage to any structure; and
793 c. Have a maximum slab thickness of not more than four (4) inches.
794 6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the
795 requirements of the Florida Building Code, in coastal high hazard areas decks and patios
796 shall be located, designed, and constructed in compliance with the following:
797 a. A deck that is structurally attached to a building or structure shall have the bottom
798 of the lowest horizontal structural member at or above the design flood elevation and any
799 supporting members that extend below the design flood elevation shall comply with the
800 foundation requirements that apply to the building or structure, which shall be designed to
801 accommodate any increased loads resulting from the attached deck.
802 b. A deck or patio that is located below the design flood elevation shall be
803 structurally independent from buildings or structures and their foundation systems, and
804 shall be designed and constructed either to remain intact and in place during design flood
805 conditions or to break apart into small pieces to minimize debris during flooding that is
806 capable of causing structural damage to the building or structure or to adjacent buildings
807 and structures.
808 c. A deck or patio that has a vertical thickness of more than twelve (12) inches or that
809 is constructed with more than the minimum amount of fill necessary for site drainage shall
810 not be approved unless an analysis prepared by a qualified registered design professional
811 demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that
812 would increase damage to the building or structure or to adjacent buildings and structures.
813 d. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is
814 at natural grade or on nonstructural fill material that is similar to and compatible with local
815 soils and is the minimum amount necessary for site drainage may be approved without
816 requiring analysis of the impact on diversion of floodwaters or wave runup and wave
817 reflection.
818 7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard
819 areas, development activities other than buildings and structures shall be permitted only if
820 also authorized by the appropriate federal, state or local authority; if located outside the
821 footprint of, and not structurally attached to, buildings and structures; and if analyses
822 prepared by qualified registered design professionals demonstrate no harmful diversion of
823 floodwaters or wave runup and wave reflection that would increase damage to adjacent
824 buildings and structures. Such other development activities include but are not limited to:
825 a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
826 structures;
827 b. Solid fences and privacy walls, and fences prone to trapping debris, unless
828 designed and constructed to fail under flood conditions less than the design flood or
829 otherwise function to avoid obstruction of floodwaters; and
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830 c. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as
831 filled systems or mound systems.
832 8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard
833 areas:
834 a. Minor grading and the placement of minor quantities of nonstructural fill shall be
835 permitted for landscaping and for drainage purposes under and around buildings.
836 b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five
837 units horizontal shall be permitted only if an analysis prepared by a qualified registered
838 design professional demonstrates no harmful diversion of floodwaters or wave runup and
839 wave reflection that would increase damage to adjacent buildings and structures.
840 c. Where authorized by the Florida Department of Environmental Protection or
841 applicable local approval, sand dune construction and restoration of sand dunes under or
842 around elevated buildings are permitted without additional engineering analysis or
843 certification of the diversion of floodwater or wave runup and wave reflection if the scale
844 and location of the dune work is consistent with local beach-dune morphology and the
845 vertical clearance is maintained between the top of the sand dune and the lowest horizontal
846 structural member of the building.
847
848 Sec. 6. Appeals.
849 The Building Board of Adjustment and Appeals shall hear and decide on requests for
850 appeals from the strict application of this article and of the flood resistant construction
851 requirements of the FBC, excluding Section 3109 or latest supplement thereof.
852
853 Sec. 7. Penalties.
854 The city or any other legal authority shall enforce any violation of this article pursuant to
855 the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land
856 Development Regulations.
857
858 Section 4. Each and every other provision of the Land Development Regulations
859 not herein specifically amended, shall remain in full force and effect as originally adopted.
860 Section 5. All laws and ordinances applying to the City of Boynton Beach in
861 conflict with any provisions of this ordinance are hereby repealed.
862 Section 6. Should any section or provision of this Ordinance or any portion
863 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
864 affect the remainder of this Ordinance.
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865 Section 7. Authority is hereby given to codify this Ordinance.
866 Section 8. This Ordinance shall become effective immediately.
867 FIRST READING this 19th day of October, 2021. / II-- ,, ff �
868 SECOND, FINAL READING AND PASSAGE this /O day of I,,,°ye,"e12021.
869 CITY OF BOYNTON BEACH, FLORIDA
870 YES NO
871
872 Mayor— Steven B. Grant
873
874 Vice Mayor—Woodrow L. Hay ✓
875
876 Commissioner—Justin Katz
877
878 Commissioner—Christina L. Romelus
879
880 Commissioner—Ty Penserga
881
882 VOTE 1-4)
883
884 ATTEST:
885
886
887 c
888 C stat Gibson, MMC
889 City Clerk
890
891
892 (Corporate Seal)
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