Ord 38-05
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ORDINANCE NO. 38-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, BY AMENDING
APPENDIX "A" "DEFINITIONS", BY ENACTING A NEW
DEFINITION FOR "LOWEST FLOOR" AND AMENDING
SECTION 4.5.3, "FLOOD DAMAGE CONTROL
DISTRICTS", IN ORDER TO INCLUDE A REFERENCE TO
THE DEFINITION OF "LOWEST FLOOR" AS PROVIDED
IN APPENDIX "A"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its
ordinance on flood damage control districts in order to comply with the National Flood Insurance
Program minimum regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA:
Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of
the City of Delray Beach, Florida, is hereby amended to read as follows:
LOWEST FLOOR
Lowest floor shall mean the lowest floor of the lowest enclosed area (including
basements). An unfinished or flood resistant enclosure. usable solely for parking of vehicles.
building access or storage in an area other than a basement area is not considered a
building's lowest floor: provided. that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of 44 CFR Section 60.3.
Section 2. That Section 4.5.3, "Flood Damage Control Districts" of the Land
Development Regulations of the City of Delray Beach, Florida, 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 general welfare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
í ' /,,\
(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 ,
í
with the terms of this Section. The Chief Building Official is responsible for the issuance of permits I
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 promWgated by the Federal Emergency
Management Agency.
(3) Restrictions: 11ris 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
Standard Building Code. Where this Section and another provision conflict or overlap, whichever
imposes the more stringent restrictions shall prevail I
(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.
2 ()RJ). N(). 38-05
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(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 &ee 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 appomtees thereof for any flood damages that result from rehance thereon or any administrative
decision lawfully made thereunder.
(C) Review and Approval Process: See Section 2.4.6(1)]
(D) Consttuction Standards:
(1) General: In all areas of special flood hazard, the fonowing provisions apply:
(a) All new construction and substantial improvements shall be
anchored to prevent floatation, collapse, or lateral movement of the
structure.
(b) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
(c) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage.
(d) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(e) 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.
(t) On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(g) 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) Manufactured homes shall be anchored to prevent floatation,
collapse, or lateral movement. Method of anchoring may include,
3 ORD. NO. 38-05
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but is not 1inùted 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.
(i) Electrical, heating, ventilation, plumbing, at! conditioning
equipment, and other service facilities shall be designed and located
so as to prevent water from entering or accumulating within the
compartments during conditions of flooding.
(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 substanrially 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.
4 ()RJ). N(). 38-05
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(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).
(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;
(f) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated
development;
(11) 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;
G) 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
5 ()RJ). N(). 38-05
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(I) 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 detennination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief; and in the instance of a historical building, a
detennination that the variance is the minimum necessary so as not
to destroy the historic character and desjgn of the building.
(b) Variances shall only be issued upon a showing of good and
sufficient cause; a detennination that failure to grant the variance
would result in exceptional hardship to the applicant; and a
detennination 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
Implemenring this Section shall:
(1) Review all development pennits to assure that the pennit requirements of
this chapter have been satisfied.
(2) Advise pennittee that additional federal or state pennits may be required,
and if specific federal or state permits are known, require that copies of the pennits be provided and
maintained on file with the development pennit.
6 ()R1). N(). 38-05
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(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 em 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.
(6) Verify and record the actual elevation em relation to mean sea level) to
which the new or substantially improved structures have been flood-proofed.
(!) When flood-proofing is utilized for a particular structure, the Chief Building
Official, as administrator, shall obtain certification from a registered professional engmeer 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 adnunister 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
resulting from the reduced lowest floor elevation (as defined in Appendix "A" to these LDRs).
7 ()RJ).N().38-05
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(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 ftnal reading.
~ W ASSED AND ADOPTED in regular session on second and final reading on this the
\ day of ~~ ,2005.
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ATTEST:
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CI1Y CLERK
First Reading ~\\\c)5
III ,....,
Second Reading \.9\Z). \~
8 ()RJ). N(). 38-05
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \0\\ - REGULAR MEETING OF JUNE 21. 2005
ORDINANCE NO. 38-05
DATE: JUNE 17, 2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR), Section 4.5.3, "Flood Damage Control
DIstricts" and Appendix "A", "DefInitions", to provide for a definition of "Lowest Floor" to comply
with National Flood Insurance Program Regulations.
This amendment is corrective in nature. In July, 2004, the Department of Community Affairs
conducted a Community Assistance Visit (CA V) concerning the City's Floodplain Management
Program. The purpose of the VISIt was to assess the effectiveness of the City's administration and
enforcement of its floodplain management regulations as well as providing an opporturuty to maintain
periodic contact with local governments. The discussions focused on section 4.5.3, "Flood Damage
Control Districts" of the LDR and Section 60.3(c) of the National Flood Insurance Program (NFIP)
regulations. Based upon review of these regulations, the City's regulations were lacking a defmition of
"Lowest Floor", wluch is required to meet the nunimum criteria of the NFIP. Adoption of local
regulations that meet the nunimum NFIP regulatory standards is required to participate in the program.
Thus, the proposed changes to Section 4.5.3 and Appendix "A" adding a definition of "Lowest Floor"
IS proposed. The proposed change will ensure the City's regulations are consistent with the NFIP
minimum regulations, which will ensure the City's Flood Damage Protection Ordinance is properly
enforced.
The Planning and Zoning Board held a public hearing at its meeting of May 23, 2005. There was no
public testimony. After discussing the amendment, the Board voted 4-0 to recommend to the City
Commission approval of the proposed amendment by adopting the fIndings of fact and law contained
in the staff report and fInding that the request is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5(M) (Amendment to Land Development Regulations).
At the fIrst reading on June 7, 2005, the City Commission passed Ordinance No. 38-05.
Recommend approval of Ordinance No. 38-05 on second and fInal reading.
S'\Clty Clerk\agenda memos\Ord 38"{)5 DefuutlOn of Lowest Floor 062105
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~ CITY COMMISSION DdcOMENTATION - II
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TO: DAVIDT.~ ~GER
THRU: PAUL DO LING, DIRECT OF PLANNING AND ZONIN
FROM: JEFFREY A. COSTELLO, ASSIST ANT PLANNING DIRECT
SUBJECT: MEETING OF JUNE 7, 2005
CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.5.3 "FLOOD DAMAGE CONTROL DISTRICTS" AND APPENDIX "A"
DEFINITIONS TO PROVIDE FOR A DEFINITION OF LOWEST FLOOR TO COMPLY
WITH NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS.
II BACKGROUND I ANAL YSIS II
This amendment is corrective in nature. In July 2004, the Department of Community Affairs conducted a
Community Assistance Visit (CA V ) concerning the City's Floodplain Management Program. The purpose
of the visit was to assess the effectiveness of the City's administration and enforcement of its floodplain
management regulations as well as providing an opportunity to maintain periodic contact with local
governments. The discussions focused on Section 4.5.3, "Flood Damage Control Districts" of the Land
Development Regulations and Section 60.3(c) of the National Flood Insurance Program (NFIP)
regulations. Based upon review of these regulations, the City's regulations were lacking a definition of
"Lowest Floor", which is required to meet the minimum criteria of the NFIP. Adoption of local regulations
that meet the minimum NFIP regulatory standards is required to participate in the program. Thus, the
proposed changes to Section 4.5.3 and Appendix A adding a definition of "Lowest Floor" is proposed.
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR
amendment must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
Future Land Use Element Policv A-5.3: The City shall continue to enforce its Flood Damage
Protection Ordinance.
The proposed change will ensure the City's regulations are consistent with the NFIP minimum
regulations, which will ensure the City's Flood Damage Protection Ordinance IS properly enforced. Based
upon the above, positive findings can be made that the proposed amendment is consistent with the City's
Comprehensive Plan.
I PLANNING AND ZONING BOARD CONSIDERATION II
At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 4-0 (Kincaide, Morris, Zacks absent) to recommend to the City Commission
approval of the proposed amendment, by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth
in Section 2.4.5(M) of the Land Development Regulations.
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City Commission Documentation
Meeting of June 7,2005
LDR Amendment - Section 4.5.3 "Flood Damage Control Districts" & Appendix "A" Definitions
Page 2
II RECOMMENDED ACTION II
Approve on first reading the ordinance amending Land Development Regulations Section 4.5.3 Flood
DamaQe Control Districts and Appendix "A" Definitions to provide a definition of "Lowest Floor", by
adopting the findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations, with second reading to occur on June 21,2005.
Attachment: Proposed Ordinance
ORDINANCE NO. 38-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING APPENDIX "An
"DEFINITIONS", BY ENACTING A NEW DEFINITION FOR
"LOWEST FLOOR" AND AMENDING SECTION 4.5.3, "FLOOD
DAMAGE CONTROL DISTRICTS", IN ORDER TO INCLUDE A
REFERENCE TO THE DEFINITION OF "LOWEST FLOOR" AS
PROVIDED IN APPENDIX "A"; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its
ordinance on flood damage control districts in order to comply with the National Flood Insurance
Program minimum regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Appendix" A", "Definitions", of the Land Development Regulations of the
City of Delray Beach, Florida, is hereby amended to read as follows:
LOWEST FLOOR
Lowest floor shall mean the lowest floor of the lowest enclosed area (inc/udinQ
basements ). An unfinished or flood resistant enclosure. usable solely for parkinQ of
vehicles. buildinQ access or storaQe in an area other than a basement area is not
considered a buildinq's lowest floor; provided. that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation desian requirements of 44
CFR Section 60.3.
Section 2. That Section 4.5.3, "Flood Damage Control Districts" of the Land
Development Regulations of the City of Delray Beach, Florida, 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 general welfare, and to minimize 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, induding 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 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 Standard 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 goveming 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-
2 ORD. NO. 38-05
made or natural æuses. 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(1)]
(D) Construction Standards:
(1 ) General: In all areas of special flood hazard, the following provisions apply:
(a) All new construction and substantial improvements shall be
anchored to prevent floatation, collapse, or lateral movement of the
structure.
(b) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
(c) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage.
(d) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(e) 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.
(f) On-site waste disposal systems shall be loæted to avoid
impairment to them or contamination from them during flooding.
(g) 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) Manufactured homes shall be anchored to prevent floatation,
collapse, or lateral movement. Method of anchoring may indude, 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 appliæble
requirements for resisting wind forces.
3 ORD. NO. 38-05
(i) Electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service facilities shall be designed and located so as to
prevent water from entering or accumulating within the
compartments during conditions of flooding.
(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 ), induding 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).
4 ORD. NO. 38-05
(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;
(f) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated
development;
(h) The relationship of the proposed use to the comprehensive plan
and flood plain management program for that area;
(i) The safety of access to the property in times of flood for ordinary
and emergency vehides;
0) 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
(I) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of 1 /2 acre or less
5 ORD. NO. 38-05
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.
(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
6 ORD. NO. 38-05
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.
(6) 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 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.
7 ORD. NO. 38-05
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.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
8 ORD. NO. 38-05
~c: C-áAlJ{ ~~.
g~ ' Friday; June 10. 2005 '- Boca ~ àeaèh News . www.bocáiIeWs.com
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~ ~
LEGAL NOTICES LEGAL NOTICES
At'M:MJI.X 'A. t"HUVlUlMi A :sAVIMj OF lMf CITY Of ŒLAAY ÐEACH.
CLAUSE, I. GEN£AAL REPØ.lER
aAUSE.1KJ AA EfÆC11\IE DAlf. FlORIDA. BY AMENDING N'PENDIX
"I.", "DmIITI0NS". BY REPEAlING
OIIIIIIWIΠ110. 41-115 ntE DEANITlON OF "RESTAURIWT"
IN ITS ENTIRETY IUJ ENI.CTJNG A
AA OROItIANCE OF tHE CßY COM- NEW 0EANITl0N FOR "RESTAURANT
MISSION OF tHE CITY OF OB..RAY = A~", PROVIDING A SAVING
100 BEACH, AMENDING CHAP1Ð\ 100. SE, GENERAL REPEALER I
"NUISANCES", OF THE COOE OF aAUSE. AAO AN EFfI'CTIVE DAlf. I
ANNOUNCEMENTS ORDINANCES OF THE CßY Of DEL- ~be_tI1at~a","""" ;
RAY 8EAC1i. FlORIDA, BY AMEND-
~ ING SECTION 10001, "fXISTENCE Of decides 10 appeal any decision made
WEEDS, 1RASIt AAO VEGETATION I7j "" CiIy CoovnossIon WIllI respe<:J \I)
UPON lANDSPROItIlIITEIY, TO PRO- any maI\e( considerød at Jhese hear-
LEGAL NOTICES VIDE THAT VEGETATION OR TREES ìngs, stJCI1person may.-1 10 .....'"
WtIICti INIDIFERE WITH TRAffIC lhata_ noconl_....tes-
ROW. SAfETY OR lmUTIES ARE A limon)' and tMdenœ upon which ...."
çrn Of...... IUÇII,~ NUISANCE AND TO PROVIDE FOR appeal is to be based The City does
IICIT1CI Of MUC_ ENfORCEMENT, BY AMENDING SEC- not provide nor _ stJCI1 RIOQI1
TlON 10002, "tANDS TO BE KEPT pursu>nt to F S 286 0105
A I'UBUC HEARING wiI be held on .... FR!£ Of DEBRIS. VEGETATION AAO
~~~~:e:: THE UIŒ", TO READ "'HURRICANES CITY OF ŒLAAY BEACH
lANDS TO BE KEPT FREE OF DEBRIS CheveIIe 0 Nubm
at any ccatInuat10n of stJCI1 meetrng VEGETATlONANDtHEUlŒ", TOAOO CiIy CIeri<
~~~JJ~~ A DUTY TO CORRECT AAO INSPECT
AND TO ADD lmUTIES ÞS A !W- I'UBUSH Fnday. June 10,2005
1st Avenue, DeIr3y Beach. Aorida, at ARO, BY REPEAlING' SECTION Boca RatoniDeIray Beach News
whICh bme Ihe CIty CommissIon WI. 100 20, "1NSPECT1ON OF lANDS TO AI! 1122501 .
COOSI<Ief \I1eIr adopboo The pro IOSed OETERMINE VIOLATION". BY
ordinances may be onspected at lIIe AMENOING SECTION 100 21
0Ifice of lIIe CIty Clef!< at City Hall, 100 "NOTICE OF VIOlATION REQUIRBJ"'
~~~":.,ueIÌouO::Ð~Ìn ~::.; TO READ. "NOTICE OF VIOlATIoN
REQUIRBJ.ABATEMENT AND AlTER-
5:00 pm, Monday Ihrouuh Fnday, NATI1Æ ENFORCEMENT", TO PRO-
eJ<Œ¡>t holidays All lllterestBd pallles VIDE AlTERNATE ENFORCEMENT
are _ to attend and be heanl willi PROCEDURES, BY PMENDlNG SEC-
respect to"" proposed ofdlllanœs TlON 100 22, "CONTENT AAO FORM
OF NOTICE", TO ClARIFY NOTICE
ORDlIWIΠNO 35.a5 REQUIREMENTS, BY AMENDING
SECTION 100 23, "NOTICE OF
Mi ORDINANCE OF THE CITY COM- RECURRING NUISANCE REQUIRED,
MISSION OF THE CITY OF OElRAY CONTENr AAD FORM". BY ENACTING
BEACH, A.ORIDA, REZONING AND ANEWSECTlON(A)TOPRO\I1DEFOR
PLACING lAND PRESENTlY ZONED NO NOTICE FOR RECURRING NUI-
~1Äi.fDI~M~!jY =~: = ~,8&?~g\f~
TV FACILITIES) OISTRICT~SAlO lAND RENUMBERING AND DEWING
BEING A PARCEL LOCATED ON THE DUPUCAllVE NOTICE PROVISIONS
WEST SIDE OF IIW 4TH AVENUE, TO ADD SUBSECTION loo23(~ n:i
APPROXIMATELY 80 ÆET SOlITH OF PROVIDE THAT NOTICES OF R UR-
MARTIN LUTHER KING JR. ORIVE RING PUBLIC NUISANCE PURSUED
{NW 2ND AVENUEt, ~ MORE PAR- UNDER THE CODE ENfORCEMENT
TICULARLY DES RIBED HEREIN PRDCESS SHAlL BE ISSUED Ir¡
AMENDING "ZONING MAP OF DEL: ACCOROMiCE WITH LAW. BY
RAY BEACH, A.ORIDA, APRIL 201J5" AMENDING SECTION 100 26,
PROVIDING A GENERAl REI'EAlfFÌ "JlSSESSMEIIf Of COSTS, INTEREST
CLAUSE. A SAVING ClAUSE. AAD AA MiD AlTORNEY'S ÆES, LIENS", TO
EFfECTIVE DAlf. REMOVE THE REfERENΠTO THE
LAWS Of RDRIDA, BY AMENDING
ORIIIIIAHCE 110, 38-85 SECTION 10027, "ENFORCEMENT OF
~SESSMENr, PRIORITY OF LIEN"
,W ORDINANCE Of THE CITY COM- TO CLARIFY THE ENFORCEMENT
I~ISSION OF tHE CßY Of OElRAY PERMlmD. AND TO PROVIDE
I3EACH, A.ORIDA, AMENDING THE GRAMMATICAl CHANGES TO ALL
LAND IJEVEt.D/'MENT REGULATIONS - SECTIONS; PROVIDING A SAVING
OF THE CßY Of OElRAY BEACH ClAUSE. A GENERAL REPEAlER
A.ORIDA, BY AMENDING APPENOO< CLAUSE. AND AA EFfECTIVE OAlf.
"A" "DEFINtTIONS", BY ENACTING A
NEW DEFINITION FOR ·LOWESf 0IIIIt1WlCE: NO. 4t.a5
FLOOR" AND AMENDING SECTION
45 3, "A.OOO DAMAGE CONTROl Mi ORDINANCE OF tHE CßY COM-
DISTRICTS", IN ORDER TO INClUDE MISSION OF tHE em Of OElRAY
A REFERENCE TO THE DEfINITION OF BEACH, A.ORIDA, AMENDING THE
"LOWEST A.OOR" ~ PROVIDED IN lNID DEVElOf'M€NT REGUlATIONS
,.