23-87 F A I L E D 4/14/87
ORDINANCE NO. 23-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILD-
INGS AND CONSTRUCTION", ARTICLE II, "BUILDING
CODE,", SECTION 9-17, "AMENDMENTS AND ADDITIONS TO
CODE", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA BY AMENDING SUBSECTION 105.4,
."PLOT DIAGRAM" TO ADD A CLAUSE TO SECTION 105.4(B),
WHICH ESTABLISHES AN ALTERNATIVE VARIANCE PROCEDURE
TO PERMIT FLOOR SLAB ELEVATIONS OF LESS THAN EIGHT-
EEN (18) INCHES ABOVE THE CROWN OF THE ROAD, BUT
ABOVE THE ONE HUNDRED YEAR FLOOD PLAIN ON REMODELING
TO EXISTING BUILDINGS AND ADDITIONS TO EXISTING
BUILDINGS; WHICH PROVIDES FOR AND REQUIRES THE
EXECUTION AND RECORDING OF A DOCUMENT WHICH INCLUDES
COVENANTS WHICH RELEASE THE CITY, ITS EMPLOYEES,
AGENTS, AND OFFICIALS FROM ANY AND ALL LIABILITY
FROM ALL CLAIMS, ACTIONS, AND CONTROVERSIES ARISING
FROM SAID VARIANCE; WHICH REQUIRES COVENANTS TO
DEFEND, SAVE AND HOLD HARMLESS THE CITY, ITS
EMPLOYEES, AGENTS, AND OFFICIALS FROM ANY CLAIMS,
ACTIONS AND CONTROVERSIES ARISING FROM SAID
VARIANCE; WHICH REQUIRES SAID COVENANTS TO RUN WITH
THE LAND BINDING THE PERSONAL REPRESENTATIVE,
SUCCESSORS, HEIRS AND ASSIGNS OF THE PROPERTY OWNER;
WHICH PROVIDES FOR THE DOCUMENT EMBODYING THE
AFOREMENTIONED COVENANTS TO BE APPROVED BY THE
OFFICE OF THE CITY ATTORNEY; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, PROVID-
ING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida
wishes to provide an alternative variance procedure to slab elevation
requirements;
WHEREAS, the City Council of the City of Delray Beach,
Florida, at the same time wishes to preserve the City's immunity from
any and all liability claims arising from adopting the policy of permit-
ting issuance of the alternative variance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~9_Q~. That Chapter 9, "Buildings and Construction",
Article II, "Building Code", Section 9-17 "Amendments and Additions to
Code", of the Code of Ordinances of the City of Delray Beach, Florida
be, and the same is, hereby amended, by amending subsection 105.4, "Plot
Diagram", to read as follows:
Sec. 9-17. Amendments and additions to code.
The following amendments and additions are hereby made to the
building code adopted by this article:
Sec. 105.4. Plot Diagrams.
(a) Before a building permit shall be issued, the building
department shall be sUpplied with the following:
(1) Drawings to scale showing the location of the proposed
building or structure and existing building or structure
on site lot. Building permit applicants for developments
having had either conditional use or site and development
plan approval shall submit two (2) copies of the approved
site plan.
(2) A certified sketch prepared by a Florida registered land
surveyor or a Florida registered engineer, showing the
boundary line survey of said lot or site and existing
building and/or structure, if any.
(3) Unity of title declaration. When it is found necessary
in order to obtain a building site plan of sufficient
size and dimension to meet the minimum yard requirements,
setback distances or plot area applicable thereto, that
separate lots, plots, parcels or portions thereof must be
combined, added or joined to the whole or portion of any
other recorded lot, parcel or acreage, the applicant for
such building permit shall first place on file or record
as a public document in the official records in the
office of the clerk of the circuit court of Palm Beach
County, an instrument hereinafter referred to as a unity
of title declaration. Such unity of title declaration
shall be in form and content sufficient to unequivocally
state that the aforesaid combination of separate lots,
parcels, acreage, or portions thereof shall be regarded
as unified under one title as an indivisible building
site. Where a unity of title has been recorded and the
owner abandons the project before utilizing the unity of
title, the building official is authorized to release the
unity of title.
(b) Before a slab inspection or prior to framing, the build-
ing department shall be supplied a certified sketch by a Florida
registered engineer showing setback distances from each property line to
the stem walls or sills of the building or structure under construction.
The building department shall be furnished by a Florida registered
engineer or land surveyor, a certificate stating the fact that the top
of the floor slab is above the one hundred-year flood plain and shall be
a minimum of eighteen (18) inches above the crown of the road or
measured to the bottom of the wood joists which will be a minimum of
eighteen (18) inches above the crown of the road. Should the property
owner desire to set the floor elevation at less than eighteen (18)
inches above the crown of the road, but above the one-hundred year storm
or National Insurance minimum elevations, then a variance may be granted
by the city engineer or assistant city engineer providing the applicant
provides a letter which is satisfactory to the city engineer or
assistant city engineer from an engineering firm certifying the drainage
conditions have been investigated, and the proposed floor elevation is
above the flooding level. To determine whether the proposed floor
elevation is above the flooding level, it must be shown that the
structure has adequate drainage to ensure that flooding will not occur
in a one hundred-year storm. No wall, however, shall be constructed
which would exceed by over one (1) foot the elevation of the floor slab
before the stem wall survey has been submitted to the building
department. Alternately, a property owner may obtain a variance from
the city enaineer on remodelina to existin~ buildings and additions tO
existing buildings permittin~ a floor elevation of less than eighteen
(18) inches above the crown in the road, but built above the one-hundred
year flood plain as shown on the Flood Insurance Rate Map, without
submitting t~e certificates described above, bv executin~ and recordin~
a document containing lanauage whereby the property owner, his per~gna~
representative, successors, heirs and assigns ~Qyepants tha~ the
aforementioned parties shall assume the risk of any and all damaae
occurrina as a result of said variance, and will hold harmless, release
and defend the City, of Delrav Beach, Florida, its officials, officers,
employees, and a~ents, from a~l liability or claims for damages arising
directly or indirectly from said variance and covenants to say9 and bold
harmless and defend ~he City of Delray Beach from all claims, actions,
and controversies arisin~ ~rom said variance. The document shall b~
recorded in the Public Records of Palm Beach County. and shall b~
covenants running with the land and the documents embodying said
cQvenants shall be executed with the necessary formalities for
~gcordation and be approved by the Office of the City Attorney.
(c) Any violations existing at this stage of construction must be
corrected before the construction may proceed and before other inspec-
tions are made.
~~i__~. 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.
~9~L_~. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
~9_G_~. That this ordinance shall become effective immedi-
ately upon second and final reading.
PASSED AND ADOPTED on this, the day of
, 1987.
MAYOR
ATTEST:
City Clerk
First Reading March 24, 1987
Second Reading
F A I L E D 4/14/87
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ORD. NO. 23-87