Ord No. 22-17 ............................. ................. ..
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ORDINANCE NO.22-17
AN ORDINANCE OF THE C[TY C()1VMSSION OF THE CITY OF DELRAY
BEACI-L FLORIDA, AMENDING THE LAND DEVELOPMENT
RE GULAT[ONS OF THE CODE OF ORDINANCES, BY AMENDING
CFIAFTER 10, -FLOOD DAMAGE CO OL DISTRICTS AND C10ASTAL
CONSTRUCTION" SECTION 10.12, "APPLICABILITY"; PARAGRAPH (C),
"BASIS FOR ESTABIJSHNG FLOOD HAZARD AREAS",TO UPDATE TI-E
FLOOD INSURANCE STUDY DATE AND FLOOD INSLRANCE RATE
MAPS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE
AND FOR OTHER PURPOSES.
WHEREAS,the Legislature of the State of Florida has,in Chapter 166,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 City of Delray Beach participates in the National Flood Insurance Program and
the City Commission of the City of Delray Beach desires to continue to meet the requirements of Title 44
Code of Federal Regulations,Sections 59 and 60,necessary for such participation;and
WHEREAS, the Federal Emergency Management Agency has revised and reissued the Flood
Insurance Study for Palm Beach County, Florida and Incorporated Areas, with an effective date of
October 5,2017;and
WHEREAS, the City of Delray Beach has determined that it is in the public interest to amend
Chapter 10, "Flood Damage Control Districts and Coastal Construction" of the Land Development
Regulations of the City of Delray Beach to identify the effective date of the revised Flood Insurance Study
and Flood Insurance Rate Maps.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on June 19, 2017 and voted 7 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
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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 QTY CONMISSION OF THE QTY OF
DELRAY BEACH,FLORIDA,THAT THE FOLLOWING ANIENDNIENT IS HEREBY ADOPTED:
Section 1. That the recitations set forth above are 'incorporated herein.
Section 2. That Section 10.1.2, "Applicability', Paragraph (C), "Basis for Establishing Flood
Hazard Areas", 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:
(A)— (B) (These subsections shall remain in full force and effect as previously adopted)
Basis for Establishing Flood Hazard Areas: The Flood Insurance Study*ad
Wa-ve GeunW, Flefida dated Januafy-5, 1-9-09 for Palm
Beach Count, Florida, and Incorporated Areas dated October 5, 2017, and an subsequent
amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all
subsequent amendments and revisions to such maps, are adopted by reference as a part of the
Fleedplain .34—a-m-gem m Regulations this ordinance and shall serve as the minimum basis for
establishing flood hazard areas.Studies and maps that establish flood hazard areas are on file at the
Delray Beach Building Division, 100 NW 1st Avenue,Delray Beach,Florida.
(D) — (G) (These subsections shall remain in full force and effect as previously adopted)
Section 3. For the purposes of jurisdictional applicability, this ordinance shall apply in the
City of Delray Beach. This ordinance shall apply to all applications for development, including building
permit applications and subdivision proposals,submitted on or after the effective date of this ordinance
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.
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ORD.NO.22-17