Ord No. 15-18 - -— - - ------ ------
ORDINANCE NO. 15-18
jf ORDINANCE NO. 15-18: 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 4.3.4 `BASE
DISTRICT DEVELOPMENT STANDARDS", BY AMENDING
PARAGRAPH 4.3.4M(2) "BASIS FOR MEASUREMENT", TO AMEND
THE BASIS FOR BUILDING HEIGHT MEASUREMENT FOR THOSE
PROPERTIES LOCATED FEMA `V" FLOOD ZONE IN
COMPLIANCE WITH THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA), THE FLORIDA BUILDING
CODE, AND THE COASTAL CONSTRUCTION CONTROL LINE
(CCCL); AND AMENDING APPENDIX "DEFINITIONS" OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES TO AMEND THE DEFINITION OF "GRADE";
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF SECTION 4.4.3 SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSY ENACTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
j( AUTHORITY TO CODIFY;PROVIDING AN EFFECTIVE DATE AND
�j FOR OTHER PURPOSES.
WHEREAS,the Legislature of the State of Florida has,in Chapter 166--Municipalities,Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special flood hazard
areas within the boundaries of the City of Delray Beach and such areas may be subject to periodic inundation
which may result in loss of life and property, health and safety, hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the
tax base,all of which adversely affect the public health, safety and general welfare; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a
mechanism for the uniform adoption,updating, amendment,interpretation and enforcement of a state building
code, called the Florida Building Code;and
WHEREAS, the City of Delray Beach was accepted for participation in the National Flood Insurance
Program (NFIP) on April 9, 1971; and
WHEREAS, the latest Flood Insurance Rate Maps (FIRM) for the City of Delray Beach were effective
on October 5, 2017; and
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WHERAS, the Florida Building Code was amended by the Florida Legislature and effective on January
1, 2018, requiring an additional 12 inches above the minimum base flood elevation required by the FIRM and
NFIP; and
WHEREAS,the City of Delray Beach City Commission has determined that it is in the public interest to
adopt the proposed ordinance that are coordinated with FEMA,NFIP,and the Florida Building Code;and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals,
objectives and policies of the Comprehensive Plan;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 May 21,2018,and voted 7 to 0 to recommend approval of the ordinance;
and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
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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 Section 4.3.4. `Base District Development Standards", Subsection Q) "Height",
Subsection (2) `Basis for measurement", of the Code of Ordinances of the City of Delray Beach,Florida,be and
the same is hereby amended as follows:
(a) — (d) (These subsections shall remain in full force and effect as previously adopted
(e) For buildings located within Zone "V" on the adopted Flood Insurance Rate Maps
(FIRM),as amended, the grade is established as the higher of the following_
Q The minimum required finished floor or base flood elevation as published by
FEMA and the Florida Building Code, as amended; or,
The average crest of the dune located within. the property limits, measured from
north to south.
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Section 3. That ppendix A"Definitions", of the Code of Ordinances of the City o De ay Beac ,
Florida, be and the same is hereby amended as follows:
GRADE. 1) For buildings adjoining one street, the mean elevation of the crown of the street
along the lot frontage. 2) For buildings adjoining more than one street,the average of the
mean elevation of the crown of the adjoining streets. 3)For buildings which are built with
adherence to minimum setback requirements,the grade shall be determined as the average
of the mean elevation of the street or streets which abut the parcel upon which the
building is located. (4) For buildings located within Zone "VE" on the latest adopted
Flood Insurance Rate Maps (EIRM, the grade is established as the higher of (ice
minimum required floor or base flood elevation as required by FEMA and the Florida
Building Code, or, (ii) the average crest of the dune located within the property limits,
measured north to south.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be,and the same are hereby
repealed.
Section 6. Specific authority is hereby given to codify this Ordinance.
Section 7. That this Ordinance shall become effective immediately upon its passage on second and
final reading.
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PASSED AND ADOPTED inegul r"'sessionf k�,second an al reading on this day of
j2018.
Shelly Petrolia,Mayor
ATTEST:
�A
City Clerk
First Reading 6'
Second Reading
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1�PPR TO FORM AN �'
SUM
R. Ma Lohman Ci orney
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