66-87 ORDINANCE NO. 66-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND
CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA BY AMENDING ARTICLE XII,
"FLOOD HAZARDS", SECTION 9-416, "DEFINITIONS", TO ADD AND
REVISE CERTAIN DEFINITIONS IN ACCORDANCE WITH THE
FEDERAL EMERGENCY MANAGEMENT AGENCY; BY AMENDING
SECTION 9-436, "PERMIT PROCEDURES", TO PROVIDE FOR A
CONSTRUCTION STAGE IN THE PERMIT PROCEDURE; BY
AMENDING SECTION 9-437, "VARIANCE PROCEDURES", TO
PROVIDE VARIANCE PROCEDURES FOR A HISTORICAL BUILDING;
BY ENACTING A NEW SECTION 9-438, "PENALTIES OF
VIOLATION", TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS
ARTICLE; BY AMENDING SECTION 9-448, "GENERAL
" STANDARDS", TO CORRECT TYPOGRAPHICAL ERRORS AND TO
ESTABLISH STANDARDS FOR MANUFACTURED HOMES, SERVICE
FACILITIES, AND NEW AND REPLACEMENT WATER SUPPLY
SYSTEMS; BY AMENDING SECTION 9-449(D)(11), "COASTAL HIGH
HAZARD AREAS (V ZONES)", TO PROHIBIT THE PLACEMENT OF
MANUFACTURED HOMES WITH CERTAIN EXCEPTIONS; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 9, ~'Buildings and Construction", Article XlI, "Flood
Hazards', Division 1, "Generally", Section 9-416, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Sec. 9-416. Definitions.
Unless specifically defined below, words or phrases used in this article shall be
interpreted so as to give them the meaning they have in common usage and to give this
article its most reasonable application. As used in this article:
Addition (to existing building) means any walled and roofed expansion to the
perimeter of a building in which the addition is connected to a load-bearin~ wall other
than a fire wall. Any walled and roofed, addition which is connected by a fire wall and
is separated by independent perimeter load-bearing wall is new construction.
Appeal means a request' for .~ review of the Chief Building Official's interpretation
of any provision of this article or a request for a variance.
Ar~a of shallow flooding means a designated AO or VO Zone on the Flood Insurance
Rate ,.~? (FIRM) with base flood depths from one to three feet Where a clearly defined
channel does not exist, where the path of flood is unpredictable and indeterminate, and
when w locity flow may be evident.
kr;a of special flood hazard is the land in the floodplain within a community
subject ~o a one per cent (1%) or greater chance of flooding in any given year.
Base flood means the flood having a one per cent (1%) chance of being equalled or
exceeded in any given year.
Basement means that portion of a buildtn~ havin~ its floor sub~rade below ~round
level On all sides.
Breakaway wall means a wall that is not part of the structural support of the
building and is intended through its desitin and construction to collapse under specific
lateral loading forces without causin~ damage to the elevated portion of the buildin~ on
~ foundation system.
Building means any structure for support, shelter, or enclosure for any occupancy
or storable.
Coastal high hazard area means the area subject to high velocity waters caused
by, but not limited to, hurricane wave wash er-isaemmis. The area is desi~,ned on a
FIRM as zone VI-30, VE or V.
Development means any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredfflng, filling,
~ading, paving, excavation,_ er drilling operations or permanent storage of materials.
Elevated buildin~ means a non-basement building built, to. have the lowest floor
elevated above the ~round level by means of fill, solid foundation perimeter walls,
pilings, columns (post and piers), shear walls, or breakaway walls.
Existing mobile-heine manufactured home park or mobite-h~ate manufactured home
subdivision means a parcel (or conti~'uous parcels) of land divided in{o two (2) or more
mobtte-t~)me manufactured home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile-heine manufactured home is to be
affixed (including, at a minimum, the installation of utilities ;-either final site crading or
the pouring of concrete pads, and the construction of streets) is completed before
May 8, 1978.
Expansion to an existing mebite-4~ome manufactured home park or
manufactured home subdivision means the preparation of additional sites by the
construction of facilities for servicing the lots on which the mobile homes are to be
affixed (including the installation of utilities, either final site ~Tading or pouring of
concrete pads, or the construction of streets).
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any
SOUFCe.
Flood Hazard Boundary Map (FHBM) means an official map of a eommunii~y, issued
by the Federal Insurance Administration, wher~ the boundaries of the area of special
flood hazard have been designated as Zone A.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which
the Federal Insurance Administration has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
Flood insurance study is the official report provided by the Federal Insurance
Administration. .The report contains flood profiles, as well s the Flood Hazard
Boundary-Floodway Map and the water surface elevation of the base flood.
Floodway me ms the channel of a river or other water course and the adjacent land
areas that are reserved in order to discharge the base flood without cumulatively
increasinG the water surface elevation more than one foot.
Floor means the top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete construction or top of wood flooring in wood
frame construction. The term does not include the floor of the garage used solely for
parking vehicles.
Functionally dependent facility means a facility which cannot be used for its
interbed purpose unless it is loca%ed or carried out in close proximity to 'Water, such as
a dockinG or port facility for loadinG and unloadtn~ of cargo or passengerS, ship
2 ORD. NO. 66-87
buildin~, ship repair, or seafood processin~ facilities, excludtn~ lone-term storage,
manufacture, sales or service facilities.
Highest adjacent ~rade means the hi,heat natural elevation of the ~[round surface,
prior to construction, next to the proposed walls of structure.
ManK?ove stand means an assemblage of man~'ove trees which is mostly low trees
noted for a copious development of interlacing adventitious roots above the ~-round and
which contain one or more of the following species: black man,rove (Avicennia nitida);
red mangrove (Rhtzophora mangle); white man,rove (Lanffuncularia racemosa); and
buttonwood (Concooarpus erects).
Mean sea level means the average height of the sea for all sta~es of the tide. It
is used as reference for establishin~ various elevations within the flood plain. Fo~
purposes of this ordinance, the term is synonymous with National Geodedic Vertical
Datum (NGVD).
Me~i~-~ Manufactured home means a structure, transportable in one or more
Sections, which is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It does not include
recreational vehicles or travel trailers.
National Geodedic Vertical Datum (NGVD) is the 1929 correction of the vertical
control reference used for establishin~ varyin~ elevations within the flood plain.
New construction means structures for which the "start of. construction" commenced
on or after May 8, 1978.
New mebi~e--he~e manufactured home park or mebi~e--l~eme manufactured home
subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more
mobA~e-~mome manufactured home lots for rent or sale for which the construction of
facilities for servicing the lot on which the .mobile home is to be affixed (including, at a
minimum, the installation of utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is completed on or after May 8, 1978.
Sand dunes means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
fe~ - er--en~ - ~ve~k - -be.yen d- -t4~- stage--of- -exeavmtio~ r- ~ne~~-~e~e~ - a
st~-t~et~t ~ev - - -Pe~nanen~- ~t~elew--dees- ~t- 4metude--ttt~ -in~ta~la~en- -~f=-st~.eets- ~e~
e~-aeee~se~.y- ~l~s ?- stteh- ~s--~eenlk, es-e~.- sheds- -net--eee~pie~-as-d~ve~-~t.e-er -~
eeml~leted~.
Start of construction means for other than new construction or substantial
improvement under the Coastal Barrier Resources Act (P.L. 97-34~), includes sub-
stantial improvement, and means the date for building permit was issued, provided the
actual start of construction is within 180 d~ys of the permit date. The actual start
means the first placement of permanent construction of a structure (includin~ a
manufactured home) on a site, such as the t)ourin~r of slabs on foottnl~s, installatior~
p es, construction of columns, or any work beyond the slope of excavation or the
placement of a manufactured home on a foundation -- does not include land preparation,
3 ORD. NO. 66-87
such as clearing, grading, flllin~ -- nor does it include installation of streets and/or
walkways, the excavation for a basement, footing piers on foundation or the erection
temporary forms, the installation of the property's accessory building, such as garages
or sheds not occupied as dwellin~ units or not part of the main structure.
Structure means a walled and roofed building that is principally above ground, as
well as a moblte manufactured home.
~4~si, anilai--impt, e~-eme~t, - mean~;-- f~r - a- ~-buiR--priot- -to - Ma~-& r --1~- ~F
r el~a~- r- ~I~a~i~u~to n--el- - ilr~pi.o~mm~--ei~ - a- -sli'si~h~ r - i he- -ee~- - e~--wht~a - ~el~tSts-- ol·
attel-ali~m s - -~f4eets- -the - -e~ter~al- - dimension, s- -e ~ - ~ - si r t~elm'e~. - - -T~ - ie tm- - d<~s- -rtei
he~-ver r-in~ -eit~h~r~ %~ ~y- ~~- ~er-~~nt-e~-a- s~r~~ ~ ~~-~th
Substantial improvement means any combination of rep~rs, reconstruction, ~tera-
tion, or improvement to a structure takin~ place du~n~ the ~fe of a structure in which
the cumulative cost equ~s or exceeds fifty percent (50~) of the market v~ue of the
structure. The market v~ue of the structure should be:
(1) The appraised v~ue of the structure prior to the start of the intern~ repairs
o~ improvement, or
(2) In the case of damage, the value of the structure p~or to the damage
occur~n~.
Subst~ti~ improvement ts considered to occur when the first ~teration of any
w~l, fl~r, cei~n~ or other structur~ ~arts of the builffin~ commences. The ~teratlon
need not affect the exte~n~ ~menaion of the b~l~n~.
V~ce is a ~t of relief to a person from the requirements of this article
which permits construction in a m~ner other~se prohibited-by this article where
specific enforcement would result in unnecessary hardsMp.
Section 2. That Chapter 9, "B~l~s and ~ns~efion~, A~cle XII, ~Fl~d
Hazards", Di~aion 2, "Administration ~d Bnfo~nt", Section 9-436, "Permit
procedures", of the Code of Or~nances of the CitY of Delray B~ch, ~o~da, be, and
the s~e is hereby amended to read as follows:
Sec. 9-436. Permit procedures.
Application for a development pe)~mit sh~l be made to the c~ef buil~n~ official on
forms fur~shed by him ~d may inclv, de, but not be ~mited to, the follo~n~ plans in
dup~cate d~awn to sc~e shoWin~ the nature, location, dimensions, and eleva~ons of the
area in question; e~stin~ or propos~d structures, ~ storage of mater,s; dr~na~e
faci~ties, and the location of the for~oin~. Speciflc~ly, the folM~n~ information is
required:
(1) Application Sta~e
(a) Elevation in relation to mean sea level of the lowest fl~r (includin~
basement) of ~1 structures.
(b) Elevation in relation to me~ sea level to which any nonresidenti~
structure has been fl~d-pr~fed.
(c) Pro, de a ce~ifleate from a re~stered professional on,neet or architect
that the nonrestdenti~ fl~d-p~fed structure meets the fl~d-pr~fln~
c~te~a tn section 9-449(b).
4 ORD. NO. 66-87
(d) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
(2) Construction Stage
Provide a floor elevation., of flood proofing certification, after the lowest., floor
is complete or in the instance where the structure is subject to the regulation
applicable to Coa'stal High Hazard Areas, after placement of the horizontal
structure members of the lowest floor. Upon placement of the lowest floor,
on flood proofing by whatever construction means, or upon placement of th~
horizontal structural members of the lowest floor, whichever is applicable, it
shall be the duty of the. permit holder to submit to the chief bulldin~ official
a certification of the lowest floor, flood-proof elevation, or elevation of the
lowest portion ..°f the horizontal structural member of the lower floor,
whichever is applicable in relation to mean seal level (NGVD). Said certifica-
tion shall be prepa['~d by or Under the direction of a re~t'stered land
Surveyor or professional engineer and certified by same." When flood proof is
certified for a particular "building, said certification shall be prepared by or
under the direct Supervision of a profesgi°nal engineer and certified by same.
Any work ur~dertaken prior to submi, sston of the certification shall be at the
permit holder's risk. The chief building 'official shall review the floor
e'levatton survey data submitted, and any discrepancies detected by said
r~view shall be corrected by the permit hold~r immediately and .prior to
further progressive work being permitted toI.~roceed. Failure to correct
deficiencies or to submit the survey shall be cause to issue a stop-work
order.
Section 3. That Chapter 9, "Buildings and Constructionn, Article XII, "Flood
Hazards", Division 2, "Administration and Enforcement", Section 9-437, "Variance
procedures", Paragraph (h), "Conditions for variances", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended by amending
subparagraph (1) to read as follows:
(1) 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 th~
variance is the minimum necessary so as not to destroy the hl's~oric
character and desitin of the building.
Section 4. That Chapter 9, "Buildings and Construction", Article XII, "Flood
Hazards", Division 2, "Administration and Enforcement", of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended by enacting a
new Section 9-438, "Penalties of violation", to read as follows:
Sec. 9-438. Penalties of violation.
Violation of the provisions of this ordinance or failure to comply with any of its
requirements, including violation of conditions and safeguards established in connection
with variance on special exception shall constitute a misdemeanor. Any person who
violates this ordinance or falls to comply with any of its requirements shall upon
conviction thereof, be fined not more than ten (10) times the market value at the time
of the violation or imprisoned for not more thsn thirty (30) days or both. Each day
such violation continues shall be considered a separate offense. Nothtn~ herein
contained shall prevent the City from taking other lawful ~ction as is necessary to
prevent or remedy any violation.
Section 5. That Chapter 9, "Buildings and Construction", Article XII, "Flood
Hazards", 'Division 3, "Hazard Reduction", Section 9-448, "General standardsn, of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby
amended to read as follows:
Sec. 9-448. General standards.
In all areas of special flood hazard the following previsions are required:
5 ORD. NO. 66-87
(a) All new construction and ~substantial improvements shall be anchored to
prevent ~km floatation, collapse or lateral movement of the structure.
(b) All new construction or 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 infllt~'ation of flood waters into the systems and discharges from the
systems into flood waters.
(f) On-site waste disposal systems shall be located to avoid impairment to them or
' contamination from them during flooding.
~8~ (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 article.
(h) Manufactured homes shall be anchored to prevent, floatation, collapse, or
lateral movement. Method of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ~round anchors. This standard shall be
in addition to and consistent with applicable requirements for resisting
forces.
(i) Electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service facilities shall be desi~ned and/or located so as to prevent
water from entering or accumulating within the compartments during
conditions of flooding.
(i) New and replacement water supply systems shall be desi~ned to minimize or
eliminate infiltration of flood water into the system.
Section 6. That Chapter 9, "Buildings and Construction", Article XII, "Flood
Hazards", Division 3, "Hazard Reduction", Section 9-449, "Specific standards",
Subsection (11) of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same are hereby, amended to read a~ follows:
(11) Prohibit the placement of me~4~e-~l~mes manufactured homes, e~c~pt in an
existing m~i~e--heme manufactured home park or existing
manufactured home subdivision.
Section 7. 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 8. That this ordinance shall become [:ffective ten (10) days after its
passage on second 'and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 8th d.yof September , 1987.
MAYOR
ATTEST~
Ctty/~lerk , - -
First Reading August 25r 1987
Second Reading September 8: 1987
6 ORD. NO. 66-87