Ord 02-11ORDINANCE NO. 02-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.5.3, "FLOOD
DAMAGE CONTROL DISTRICTS", TO BRING THE SECTION
INTO COMPLIANCE WITH STATE STATUTES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the National Flood Insurance Program Act (NFIP) was adopted by Congress in
1968; and
WHEREAS, the NFIP enables property owners in participating communities to purchase
insurance protection from the government against losses from flooding; and
WHEREAS, Florida Statutes Section 553.73(5) allows counties and municipalities to adopt by
ordinance an administrative or technical amendment to the Florida Building Code relating to flood
resistance in order to implement the NFIP or incentives; and
WHEREAS, consistent with 44 C.F.R. X60.6, an administrative amendment may assign the
duty to enforce all or portions of flood-related code provisions to the appropriate agencies of the
local government and adopt procedures for variances and exceptions from flood-related code
provisions other than provisions for structures seaward of the coastal construction control line; and
WHEREAS, the City of Delray Beach desires to bring Section 4.5.3 into compliance with
NFIP, Federal Emergency Management Act, and the Community Rating System; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on December 20, 2010 and voted 6 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.5, "Overlay and Environmental Management Districts", Section
4.5.3, "Flood Damage Control Districts", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.5.3 Flood Damage Control Districts:
(A) Purpose and Intent: It is the purpose of this CWerlay Zone District to promote the
public health, safety, and general welfare, and to mininuze public and private losses due to flood
conditions in specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve these uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural flood plains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging, and other development which may increase erosion
or flood damage; and,
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
(B) Application:
(1) Rule: No structure shall be located, extended, converted, structurally altered,
or used on land which is located within a special flood hazard area without full compliance with the
terms of this Section. The Chief Building Official is responsible for the issuance of permits pursuant
to this Section.
(2) Location of Special Flood Hazard Areas: The regulations contained herein
shall apply to all areas of special flood hazard within the jurisdiction of the City and as shown on the
latest edition of the Flood Rate Insurance Map as promulgated by the Federal Emergency
2
ORD. NO. 02-11
Management Agency.
(3) Restrictions: This Section is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions, nor is it intended to repeal provisions of the
Florida Building Code. Where this Section and another provision conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
(4) Interpretations: In the interpretation and application of this Section 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.
(5) Disclaimer: The degree of flood protection herein required is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. These regulations do not imply that land outside the areas of special flood hazard or uses
permitted within these areas will be free from flooding or flood damages. These regulations shall not
create liability on the part of the City, its Mayor, members of the Commission, its officers, employees,
or appointees thereof for any flood damages that result from reliance thereon or any administrative
decision lawfully made thereunder.
(C) Review and Approval Process: [See Section 2.4.6(I)]
(D) Construction Standards:
(1) General: In all areas of special flood hazard, the following provisions apply:
~ The lowest floor elevation for all new construction and substantial
improvements in the special flood hazard areas for residential and
commercial structures mechanical equipment, utility areas, or any
enclosed area including basements and attached garages must be raised
12" above the Base Flood Elevation (BFE), or must be provided with
flood proofmg_per FEMA standards.
{a~ b~--1 All new construction and substantial improvements shall be anchored
to prevent floatation, collapse, or lateral movement of the structure.
ORD. NO. 02-i l
{l3} ~ All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
{e} ~ All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
{~} ~ All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
{e~ ~f New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
{~} jg~ On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
{g} lj~i Any alteration, repair, reconstruction, or improvements to a structure
on which the start of construction was begun after May 8, 1978, shall
meet the requirements of new construction as contained in this
chapter.
{h} ji,~ Manufactured homes shall be anchored to prevent floatation, collapse,
or lateral movement. Method of anchoring may include, but is not
limited to, use of over-the-top or frame ties to ground anchors. This
standard shall be in addition to and consistent with applicable
requirements for resisting wind forces.
{}} ,
All mechanical electrical and plumbing equipment must be located at
or above the BFE. This includes all heaters, air conditioners,
compressors fans hot water heaters, laundry facilities, plumbing
fixtures, etc.
l~c Where enclosed space occurs below the BFE, openings are required to
allow for automatic entr~and exit of flood waters. FEMA requires a
minimum of two (2~ openings having a total new area not less than
one 1Lscluare inch per one (1Lc~uare foot of enclosed area. All
4
ORD. NO. 02-11
openings shall be one (1) foot above adjacent grade.
~- Louvers, screens or other opening covers shall not block or impede
the automatic flow of floodwaters into and out of the enclosed areas.
~ Openings meeting the requirement of ~ and ) above may be
installed in doors Doors ~ themselves do not meet the flood venting
requirements.
(2) Mapped Areas: In all areas of special flood hazard where base flood elevation
data has been provided on FEMA Maps, the following provisions apply:
(a) Residential Construction: New construction or substantial
improvement of any residential structure shall have the lowest floor,
(as defined in Appendix "A" to these LDRs), including basement,
elevated to or above base flood elevation.
(b) Nonresidential Construction: New construction or substantial
improvement of any commercial, industrial, or other nonresidential
structure shall either have the lowest floor, (as defined in Appendix
"A" to these LDRs), including basement, elevated to the level of the
base flood elevation or, together with attendant utility and sanitary
facilities, be flood-proofed so that below the base flood level the
structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy.
(3) Subdivisions: All subdivision proposals shall
(a) Be consistent with the need to minimize flood damage;
(b) Have public utilities such as water, gas, sewer, and electrical systems
located and constructed to minimize flood damage;
(c) Have adequate drainage provided to reduce exposure to flood hazards;
(d) Provide base flood elevations in all cases where a plat involves five
acres of land or fifty dwelling units.
(E) Variances: The Board of Adjustment shall hear and decide appeals and requests for
variances from the requirement of this Section pursuant to Section 2.4.7(A).
5
ORD. NO. 02-1 1
(1) Variances may be issued for the reconstruction, rehabilitation, or restoration
of structures listed on the National Register of Historic Places or the State Inventory of Historic
Places without regard to the procedures set forth in the remainder of this Subsection.
(2) In passing upon the applications, the Board of Adjustment shall consider all
technical evaluations, all relevant factors, standards specified in other portions of this Section, and:
(a) The danger that materials may be swept onto other lands to the injury
of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood
damage and the effect of the damage on the individual owner;
(d) The importance of the services provided by the proposed facility to
the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(~ The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated
development;
(h) The relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
(k) The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and streets
and bridges; and SECTION 4.5.3 (E) (2) (1)
6
ORD. NO. 02-1 1
(1) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of 1 /2 acre or less in
size contiguous to and surrounded by lots with existing structures
constructed below the base flood level providing that the requirements
of this Section have been fully considered. As the lot size increases
beyond the 1 /2 acre, the technical justification required for issuing the
variance increases.
(3) Upon consideration of the factors listed above and the purposes of this
Section, the Board of Adjustment may attach conditions to the granting of variances as it deems
necessary to further the purposes of this chapter.
(4) Variances shall not be issued within any designated flood way if any increase in
flood levels during the base flood discharge would result.
(5) Basis for Variances:
(a) Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief; and in the instance of a historical building, a determination that
the variance is the minimum necessary so as not to destroy the historic
character and design of the building.
(b) Variances shall only be issued upon a showing of good and sufficient
cause; a determination that failure to grant the variance would result in
exceptional hardship to the applicant; and a determination that the
granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
(F) Other Administrative Functions: The Chief Building Official in his duty of
implementing this Section shall:
(1) Review all development permits to assure that the permit requirements of this
chapter have been satisfied.
(2) Advise permittee that additional federal or state permits may be required, and
if specific federal or state permits are known, require that copies of the permits be provided and
maintained on file with the development permit.
7
ORD. NO. 02-1 1
(3) Notify adjacent communities and the State Department of Community Affairs,
1571 Executive Center Circle East, Tallahassee, Florida, 32301, prior to any alteration or relocation of
a water course, and submit evidence of the notification to the Federal Insurance Administration.
(4) Assure that maintenance is provided within the altered or relocated portion of
the water course so that the flood carrying capacity is not diminished.
(5) Verify and record the actual elevation (in relation to mean sea level) of the
lowest floor (as defined in Appendix "A" to these LDRs) (including basement) of all new or
substantially improved structures.
(G) Verify and record the actual elevation (in relation to mean sea level) to which
the new or substantially improved structures have been flood-proofed.
(7) When flood-proofing is utilized for a particular structure, the Chief Building
Official, as administrator, shall obtain certification from a registered professional engineer or
architect.
(8) 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 Chief Building Official, as administrator, shall make the
necessary interpretation. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in this chapter.
(9) When base flood elevation data has not been provided, then the Chief
Building Official, as administrator, shall obtain, review and reasonably utilize any base flood elevation
data available from a federal, state, or other source, in order to administer the provisions of this
Section.
(10) All records pertaining to the provisions of this chapter shall be maintained in
the office of the Chief Building Official and shall be open for public inspection.
(11) In coastal high hazard areas certification shall be obtained from a registered
professional engineer or architect that the structure is securely anchored to adequately anchored
pilings or columns in order to withstand velocity waters and hurricane wave wash.
(12) In coastal high hazard areas the Chief Building Official shall review plans for
the adequacy of breakaway walls.
(13) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation to which the structure is
to be built and stating that the cost of flood insurance will be commensurate with the increased risk
8
ORD. NO. 02-11
resulting from the reduced lowest floor elevation (as defined in Appendix "A" to these LDRs).
(14) The Chief Building Official shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Administration upon request.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading. The Clerk shall provide a copy of the adopted ordinance to the Florida
Building Commission within thirty (30) days of passage on second and final reading.
1~
PASSED AND ADOPTED in regular session on seco and final reading this the
day of ~~N , 2011.
ATTEST M A
City Clerk
First Readin ~ vim)
Second Readin
ORD. NO. 02-I 1
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: January 5, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF JANUARY 18.2011
ORDINANCE N0.02-11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for a city initiated amendment to the Land
Development Regulations (LDR) Section 4.5.3, "Flood Damage Control Districts", to add new
regulations to conform to changes in State laws.
BACKGROUND
At the first reading on January 4, 2011, the Commission passed Ordinance No. 02-11.
RECOMMENDATION
Recommend approval of Ordinance No. 02-11 on second and fmal reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4099&MeetingID=282 1 /25/2011
ORDINANCE N0.02-11
AN ORDINANCE OF THE QTY COMM[SSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.5.3, "FLOOD
DAMAGE CONTROL DISTRICTS", TO BRING THE SECTION
INTO COMPLIANCE WITH STATE STATUTES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the National Flood Insurance Program Act (NFIP) was adopted by Congress in
1968; and
WHEREAS, the NFIP enables property owners in participating comnunuties to ptu~chase
insuuance protection from the government against losses from flooding and
WHEREAS, Florida Statutes Section 553.73(5) allows counties and municipalities to adopt by
ordinaiue an administrative or technical am~endmalt to the Florida Building Code relating to flood
resistance in order to implement the NFIP or incentives; and
WHEREAS, consistent with 44 C.F.R. X60.6, an administrative air~er>dment may assign the
duty to enforce all or portions of flood-related code provisions to the appropriate agencies of the
local government and adopt procedures for variances and exceptions from flood-related code
provisions other than provisions for structures seaward of the coastal construction control line; and
WHEREAS, the City of Delray Beach desires to bring Section 4.5.3 into compliance with
NFIP, Federal Emergency Management Act, and the Comrrumity Rating System; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Plannixig and Zoning Board reviewed the
proposed text amendrrient at a public hearing held on December 20, 2010 and voted 6 to 0 to
recommerud that the changes be approved; and
WHEREAS, plmsuant to Florida Statute 163.3174(4)(c), the Plaruling and Zoning Board,
sitting as the Local P1aruling Agency, has deterrivrued that the cliar-ge is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the firudingS in the
Planning and Zoning Staff Report; and
WHEREAS, the City Comnvasion of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Article 4.5, "Overlay and Environmental Managetrent Districts", Section
4.5.3, "Flood Damage Control Districts", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.5.3 Flood Damage Control Districts:
(A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote the
public health, safety, and gerueral welfare, and to rninunize public and private losses due to flood
conditions in specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion or in flood heights or velocities;
(2) Req~rire that uses vulnerable to floods, including facilities which serve these uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural flood plains, stream charlxtiels, and natural protective
barriers which are involved in the accommodation of floodwaters;
(4) Control filling, grading, c}redg~ng, and other development which may increase erosion
or flood dacr~age; and,
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(B) Application:
(1) Rule: No structure shall be locatec>, extended, converted, structurally altered,
or used on land which is located within a special flood hazard area without full compliance with the
terms of this Section The Chief Building Official is responsible for the issuance of permits pursuant
to this Section.
(2) Location of Special Flood Hazard Areas: The regulations contained herein
shall apply to all areas of special flood hazard within the jurisdiction of the City and as shown on the
latest edition of the Flood Rate Insurance Map as promulgated by the Federal Emergeixy
ORD. NO. 02-11
Management Agency.
(3) Restrictions: This Section is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions, nor is it intended to repeal provisions of the
~ Florida Building Code. Where this Section and another provision conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
(4) Interpretations: In the interpretation and application of this Section all
provisions shall be:
(a) Considered as minimurri regrrirerrrents;
(b) Liberally constnied in favor of the governing body, and
(c) Deemed neither to limit nor repeal any other powers granted under
state statutes.
(5) Disclaimer: The degree of flood protection herein regrrired is considered
reasonable for regtilatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man made or natural
causes. These regulations do not imply that ]arid outside the areas of special flood hazard or uses
permitted within these areas will be free from flooding or flood damages. These regulations shall not
create liability on the part of the City, its Mayer, members of the Commission, its officers, employees,
or appointees thereof for any flood damag~.s that result from reliance thereon or any adnunistrative
deasion lawfully made thereunder.
(C) Review and Approval Process: [See Section 2.4.6(I)]
(D) Construction Standards:
(1) General: In all areas of special flood hazard, the following provisions apply.
u The lowest floor elevation for all new construction and substantial
improvements in the special flood hazard areas for residential and
Ea) ,Lb~ All new construction and substantial improvements shall be anchored
to prevent floatation, collapse, or lateral rrovement of the structure.
ORD. NO. 02-11
flood proofing per FE MA standards.
{~ ~ All new construction and substantial improvements shall be
constructed with materials and utility egripment resistant to flood
~} ~ All new constriction or substantial improvements shall be constructed
by methods and practices that mirinvze flood damage.
(~ u All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system
{e) ~f New and replacemnt sanitary sewage systems shall be cosigned to
rrinirrrize or eliminate infiltration of flood waters into the systems and
discharges from the systems into floodwaters.
(#~ ~ Orrsite waste disposal systems shall be located to avoid irrrlaairrrent to
them or contamination from them during floodin&
~ lei Any alteration, repair, reconstrraction, or improvements to a structure
on which the start of conshuction was begun after May 8, 1978, s1~all
meet the requirements of new constuxtion as contained in this
~'•
~#} ~ Manufa~chmed homes shall be anchored to prevent floatation, collapse,
or lateral rrovement. Method of anchoring may include, but is not
limited to, use of over-the-top or frame ties to ground anchors. This
standard shall be in addition to and consistent with applicable
requiremnts for resisting wind forces.
(}} ,
All mechanical, electrical and plumbing equirnrent must be located at
compressors, fans, hot water heaters, laurrchy facilities, plumbing
fixtures, etc.
mininu~nn of twn (~ o having a total new area not less than
one L~uare inch per one L~scluane foot of enclosed area. All
ORD. NO. 02-1 l
~ shall be one (1) foot above adjacent grade.
~1 Louvers screens or other opening covers shall not block or irrYpc~de
the automatic flow of floodwaters into and out of the enclosed areas.
(2) Mapped Areas: In all areas of special flood hazard where base flood elevation
data has been provided on FE MA Maps, the following provisions apply.
(a) Residential Construction: New construction or substantial
improvement of any residential stnacture shall have the lowest floor,
(as defined in Appendix "A" to these LDRs), including basement,
elevated to or above base flood elevation
(b) Nonresidential Construction: New construction or substantial
improvement of any comrrtiercial, industrial, or other nonresidential
structure shall either have the lowest floor, (as defined in Appendix
"A" to these LDRs), including baserr~lt, elevated to the level of the
base flood elevation or, together with attendant utility and sanitary
facilities, beflood-proofed so that below the base flood level the
structure is waterhight with walls substantially impemtieable to the
passa8e of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy.
(3) Subdivisions: All subdivision proposals shall
(a) Be consistent with the need to miiirrize flood damage;
(b) Have public utilities such as water, gas, sewer, and electrical systems
located and constnacted to miiimize flood damage;
(c) Have adequate drainage provided to redire exposure to flood hazards;
(d) Provide base flood elevations in all cases where a plat involves five
awes of ]arid or fifty dwelling units.
(E) Variances: The Board of AdjLStrrent shall hear and decide appeals and requests for
variances from the regLrirement of this Section pursuant to Section 2.4.7(A).
ORD. NO. 02-11
(1) Variances maybe issued for the reconstnrtion, rehabilitation, or restoration
of structures listed on the National Register of Historic Places or flue State Inventory of Historic
Places without reg~rcl to the procedures set forth in the rerrtiainder of this Subsection
(2) In passing upon the applications, the Board of Ac~tstrnent shall consider all
technical evaluations, all relevant factors, standards specified in other portions of this Section, an,d:
(a) The danger that materials maybe swept onto other lands to the injury
of others;
(b) The danger to life and properly due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood
damage and the effect of the damage on the individual owruer;
(d) The importance of the services provided by the proposed facility to
the corrnnunity,
(e) The necessity to the faality of a waterfront location, where applicable;
(f) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(g) The compatibility of the proposed use with e~ds~ting and anticipated
development;
(h) The relationship of the proposed use to the cornpreher~.sive plan and
flood plain managerrrtient program for that area;
(i) The safety of access to the property in times of flood for ordinary and
Lucy vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
(k) The costs of providing governmental services during and after flood
conditions including maintertiance and repair of public utilities and
facilities such as sewer, mss, electrical, and water systems, and streets
and bridges; and SECTION 4.5.3 (E) (2) (1)
ORD. NO. 02-11
(1) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of 1 /2 acre or less in
size contiguous to and surrounded by lots with existing stnactures
constnrted below the base flood level providing that the requirements
of this Section have been fully considered As the lot size increases
beyond the 1/2 acre, the technical justification required for issuing the
variance increases.
(3) Upon consideration of the factors listed above and the purposes of this
Section, the Board of Adjustment may attach conditions to the granting of variances as it deems
necessary to further the purposes of this chapter.
(4) Variances shall not be issued within any designated flood way if any irbcrease in
flood levels during the base flood discharge ~wuld result.
(5) Basis for Variances:
(a) Variances shall only be issued upon a determination that the variance
is the minimiun necessary, considering the flood hazard, to afford
relief; and in the instance of a historical building, a detemvnation that
the variance is the minim~mt necessary so as not to destroy the historic
character and design of the building.
(b) Variances shall only be issued upon a showing of good and sufficient
cause; a determination that failure to grant the variance vwuld result in
exceptional hardship to the applicant; and a determination that the
granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victirruzation of the public, or conflict
with e~dsting local laws or om}inances.
(F) Other Administrative Functions: The Chief Building Official in his duky of
implementing this Section shall:
(1) Review all development permits to assure that the permit requir+err~xlts of this
chapter have been satisfied
(2) Advise pemiittee that additional federal or state permits maybe required, and
if specific federal or state permits are lmown, regtrire that copies of the pexrnits be provided and
maintained on file with the development permit.
ORD. NO. 02-11
(3) Notify adjacent comrn.mities and the State Departrrrer~t of Community Affairs,
1571 Executive Center Circle East, Tallahassee, Florida, 32301, prior to any alteration or relocation of
a water course, and submit evidence of the notification to the Federal Insiuance Adrrrinistration
(4) Assure that maintenance is provided within the altered or relocated portion of
the water course so that the flood carrying capacity is not diminished.
(5) Verify and record the actual elevation (in re]ation to mean sea level) of the
lowest floor (as defined in Appendix "A" to these LD1Zs) (including basement) of all new or
substantially improved structures.
(6) Verify and record the actual elevation (in relation to mean sea level) to which
the new or substantially improved stntict~u+es have been flood-proofed
(7) When flood-proofing is ukilized for a particular structure, the Chief Building
Official, as administrator, shall obtain certification from a registered professional engineer or
architect.
(8) Where interpretation is needed as to the exact location of the boundaries of
the areas of special flood hazard (for example, where there appeals to be a conflict between a mapped
boundary and actual field conditions) the Chief Building Official, as administrator, shall make the
necessary interpretation The person contesting the location of the boundary shall be given a
reasonable opporhuiity to appeal the infieipretation as provided in this chapter.
(9) When base flood elevation data has not been provided, then the Chief
Building Official, as admunistrator, shall obtain, review and reasonably utilize any base flood elevation
data available from a federal, state, or other source, in order to administer the provisions of this
Section
(10) All records pertaining to the provisions of this chapter shall be maintained in
the office of the Chief Building Official and shall be open for public inspection
(11) In coastal high hazard areas certification shall be obtained from a registered
professional engineer or architect that the stnccuure is sectmely anchored to aaequabely anchored
pilings or columns in order to withstand velocity waters and hurricane wave wash.
(12) In coastal high hazard areas the Cfiief Building Official shall review plans for
the adequacy of breakaway walls.
(13) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation to which the structure is
to be built and stating that the cost of flood irtistuance will be corrrrrrenst.uate with the increased risk
ORD. NO. 02-11
resulting from the reduced lowest floor elevation (as defined in Appendix "A" to these LDRs).
(14) The Chief Building Official shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Administration upon request.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a wluole or part thereof other than the
part declared to be invalid
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed
tion 5. That this ordinance shall become effective irrnrediately upon its passage on
second and final reading The Clerk shall provide a copy of the adopted ordinance to the Florida
Building Commission within thirty (30) days of passage on second and final reading
PASSED AND ADOPTED in r session on second and final reading on this the
day of , 2011.
ATTEST MAYOR
City Clerk
First Reading
Second
ORD. NO. 02-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
Page 1 of 2
FROM: MARK MCDONNELL, AICP, ASST. PLANNING AND ZONING DIRECTOR
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: December 27, 2010
SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011
ORDINANCE NO.02-11
ITEM BEFORE COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that amends
provisions in the Flood Damage Control Districts to conform with changes in State law.
BACKGROUND
Recent changes made in the Florida Building Code (FBC) relating to flood damage resistance must be
reflected in local governmental codes. This amendment provides the necessary updates to ensure
consistency between our Land Development Regulations and the FBC. Following are highlights of the
proposed amendment:
1. The lowest floor elevation is to be raised twelve inches (12") above the Base Flood Elevation (BFE)
for all new construction and substantial improvements in the special flood hazard areas for residential
and commercial structures, mechanical equipment, utility areas, or any enclosed area including
basements and attached garages, or must otherwise be provided with flood proofing per FEMA
standards;
2. Current general language is to be replaced to specifically require all mechanical, electrical and
plumbing equipment to be located at or above the BFE. Features listed include all heaters, air
conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc.;
3. Openings will be required where enclosed space occurs below the BFE to allow for automatic entry
and exit of flood waters. FEMA requires a minimum of two (2) openings having a total new area not
less than one (1) square inch per square foot of enclosed area. All such openings must be one (1) foot
above adjacent grade;
4. Louvers, screens or other opening covers will not be allowed to block or impede the automatic flow
of floodwaters into and out of the enclosed areas;
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4082&MeetingID=280 1 /5/2011
Coversheet
Page 2 of 2
5. Identifies that doors by themselves do not meet the flood venting requirements, but openings that
satisfy items 3 and 4 above may be installed to meet minimum requirements.
REVIEW BY OTHERS
The Planning and Zoning Board voted 6 - 0 recommending approval at their December 20, 2010
meeting.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 02-11 for acity-initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
http://itwebapp/AgendaIntranet/B luesheet.aspx?Item
MEETING DATE: DECEMBER 20, 2010
AGENDA NO: IV. C.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
4.5.3, FLOOD DAMAGE CONTROL DISTRICTS, TO COMPORT WITH
STATE REQUIREMENTS.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
city-initiated amendment to Land Development Regulations (LDRs) that amends provisions in
the Flood Damage Control Districts.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ANALYSIS
Recent changes made in the Florida Building Code (FBC) relating to Flood Control must be
reflected in local governmental codes. This amendment provides the necessary updates to
ensure consistency between our Land Development Regulations and the FBC. Following are
highlights of the proposed amendment:
1. The lowest floor elevation must be raised twelve inches (12") above the Base Flood
Elevation (BFE) for all new construction and substantial improvements in the special flood
hazard areas for residential and commercial structures, mechanical equipment, utility areas,
or any enclosed area including basements and attached garages, or must otherwise be
provided with flood proofing per FEMA standards.
2. Current general language is to be replaced that specifically requires all mechanical,
electrical and plumbing equipment to be located at or above the BFE. Features listed
include all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities,
plumbing fixtures, etc.
3. Openings are to be required where enclosed space occurs below the BFE to allow for
automatic entry and exit of flood waters. FEMA requires a minimum of two (2) openings
having a total new area not less than one (1) square inch per one (1) square foot of
enclosed area. All such openings must be one (1) foot above adjacent grade.
4. Louvers, screens or other opening covers shall not block or impede the automatic flow of
floodwaters into and out of the enclosed areas.
5. Doors by themselves do not meet the flood venting requirements, but openings that satisfy
items 3 and 4 above may be installed in doors.
Planning and Zoning Board Meeting, December 20, 2010
LDR Amendment -Flood Damage Control Districts
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals, Objectives and/or Policies of the
Comprehensive Plan. The following were identified as relevant to this amendment:
Objective A-1
Property shall be developed or redeveloped, in a manner so that the future use, intensity and
density are appropriate in terms of soil, topographic, and other applicable physical
considerations; encourage affordable goods and services; are complementary to and
compatible with adjacent land uses; and fulfill remaining land use needs.
This objective is supported as new regulations will ensure that development and redevelopment
is appropriate in terms of topographic and other physical considerations, by requiring minimum
elevations for specked features along with openings to allow for the flow of floodwaters.
Objective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed
and updated, to provide timely, equitable and streamlined processes including, but not limited
to, building permit processes for residential developments and to accommodate mixed-use
developments, and other innovative development practices.
Policv A-5.2 The City shall continue to enforce its Flood Damage Protection Ordinance.
Both Objective A-5 and Policy A-5.2 are supported by the proposed regulations. The objective
requires that the LDRs be regularly reviewed and regularly updated, and the policy requires the
city to enforce its Flood Damage Protection Ordinance.
REVIEW BY OTHERS
Courtesv Notices
Courtesy notices were provided to the following civic associations:
^ Neighborhood Advisory Council
^ Delray Citizen's Coalition
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.5.3, Flood Damage Control Districts, by adopting
the findings of fact and law contained in the staff report, and finding that the text amendment
and approval thereof is consistent with the Comprehensive Plan and meets the criteria set
forth in LDR Section 2.4.5(M)
2
Planning and Zoning Board Meeting, December 20, 2010
LDR Amendment -Flood Damage Control Districts
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.5.3, Flood Damage Control Districts, by adopting
the findings of fact and law contained in the staff report, and finding that the text amendment
and approval thereof is inconsistent with the Comprehensive Plan and does not meet the
criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
Recommend approval of the amendment to Land Development Regulations, Section 4.5.3,
Flood Damage Control Districts, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
^ Draft LDR Text Amendment
3
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