23-78 ORDINANCE NO . 23- 78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING
CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH BY REPEALING SECTION 9-6.10 AND ENACTING A NEW
SECTION 9-6.10 RELATING TO FLOOD DAMAGE PREVENTION IN
ALL AREAS OF SPECIAL FLOOD HAZARD WITHIN THE JURISDICTION
OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING FORTH A
STATEMENT OF PURPOSE AND OBJECTIVES, DEFINING SPECIFIC
WORDS AND PHRASES, INCORPORATING BY REFERENCE THE FLOOD
INSURANCE RATE MAP OF JULY 16, 1976, AND REVISIONS
THERETO, ESTABLISHING A DEVELOPMENT PERMIT, PROVIDING
FOR PENALTIES FOR VIOLATION, DESIGNATION OF CHIEF
BUILDING OFFICIAL AS ADMINISTRATOR AND SETTING FORTH
ADMINISTRATOR'S DUTIES, PROVIDING PERMIT AND VARIANCE
PROCEDURES, SETTING FORTH STANDARDS FOR FLOOD HAZARD
REDUCTION AND SUBDIVISION PROPOSALS; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the flood hazard areas of Delray Beach are subject to
periodic inundation which results in loss of life, property, health and
safety hazards, disruption of commerce and governmental services, extra-
ordinary 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, these flood losses are 'daused by the cumulative effect
of obstructions in flood plains causing increases in flood heights and
velocities, and by the occupancy in flood hazard areas by uses vulnerable
to floods or hazardous to other lands which are inadequately elevated,
flood-proofed, or otherwise protected from flood damages; and,
WHEREAS, the Legislature of the State of Florida has delegated
the responsibility to local governmental units to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry,
NOW, :/ THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 9-6.10 of Chapter 9 of the Code of
Ordinances is hereby repealed and a new S'ection 9-6.10 is hereby enacted
to read as follows:
ARTICLE I. PURPOSE AND OBJECTIVES
SECTION A. STATEMENT OF PURPOSE
It is the purpose of this ordinance 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, including facilities
which serve such 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
accomodation 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.
SECTION B. OBJECTIVES
The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control
proj e cts;
(3) to minimize the need for rescue and relief efforts associated
withj flooding and generally undertaken at the expense of the
general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities s~ch as
water and gas mains, electric, telephone and sewer lines, streets
and bridges located in flood plains;
(6) to help maintain a stable tax base by providing for the sound use
and development of flood prone areas in such a manner as to
minimize future flood blight areas; and,
(7) to insure that potential home buyers are notified that property
is in a flood area.
ARTICLE II. DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance its most reasonable
application.
"Appeal" means a request for a review of the Chief Building Official's
interpretation of any provision of this ordinance or a request for a
variance.
"Area of special flood hazard" is the land in the flood plain within
a community subject to a one percent or greater chance of flooding in
any given year.
"Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"Develop..ment" means any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
- 2 - ORD. NO. 23-78
"Existinq mobile home park or mobile home subdivision" means a parcel
(or contiguous parcels) of land divided into two or more mobile 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 before the effective date of this ordinance.
"Expansion to an existinq mobile home park or mobile 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
grading or pouring of concrete pads, or the construction of streets).
"Flood" or "floodinq" means a general and temporary condition of par-
tial 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 source.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community
issued by the Federal Insurance Administration, where the boundaries of
the areas 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 th~~' 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
as the Flood Hazard Boundary-Floodway Map and the water surface eleva-
tion of the base flood.
"Habitable floor" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a com-
bination thereof. A floor used only for storage purposes is not a
"habitable floor".
"Manqrove stand" means an assemblage of mangrove trees which is mostly
low trees noted for a copious development of interlacing adventitious
roots above the ground and which contain one or more of the following
species: black mangrove (Avicennia Nitida); red mangrove (Rhizophora
Mangle); white mangrove (Languncularia Racemosa).; and buttonwood
(Conocarpus Erecta).
"Mean Sea Level" means the average height ~of the sea for all stages of
the tide.
"Mobile 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.
"New construction" means structures for which the "start of construc-
tion'' commenced on or after the effective date of this ordinance.
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"New mobile home .park or mobile home subdivision'"~means a parcel (or
contiguous parcels) of land divided into two or more mobile home lots
for rent or sale for which the construction of facilities for servic-
ing 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 the effective date of this ordinance.
"Sand dunes" mean naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Star% of construction" means the first placement of permanent con-
struction of a structure (other than a mobile home) on a site, such
as the pouring of slabs or footings or any work beyond.the stage of
excavation, including the relocation of a structure. Permanent con-
struction does not include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers or
foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not as part of the
main structure. For a structure (other than a mobile home) without a
basement or poured footings, the "start of construction" includes the
first permanent framing or assembly of the structure or any part there-
of on its piling or foundation. For mobile homes not within a mobile
home park or mobile home subdivision, "start of construction" means
the affixing of the mobile home to its permanent site. For mobile
homes within mobile home parks or mobile home subdivisions, "start of
construction" is the date on which t~e construction of facilities for
servicing the site on which the mobile home is to be affixed (including
at a minimum, the construction of streets, either final'site grading or
the pouring of concrete pads, and installation of utilities) is com-
pleted.
"Structure" means a walled and roofed building that is principally
above ground, as well as a mobile home.
"Substantial improvement", means, for a structure built prior to the
enactment of this ordinance, any repair, reconstruction, or improve-
ment of a structure, the cost of which equals or exceeds fifty percent
of the market value of the structure either, (1) before the improvement
or repair is started, or (2) if the structure has been damaged and is
being restored, before the damage occurred. For the purposes of this
definition "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part
of the building commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however,
include either (1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code specifi- ·
cations which are solely necessary to assure safe living conditions,
or (2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
"Variance" is a grant of relief to a person from the requirements of
this ordinance which permits construction in a manner otherwise pro-
hibited by this ordinance where specific enforcement would result in
unnecessary hardship.
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ARTICLE III. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard
within the jurisdiction of the City of Delray Beach, Florida.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The Flood Insurance Rate Map revised as of July 16, 1976, and any
revisions thereto, identifying areas of special flood hazard by the
Federal Insurance Administration, is hereby adopted by reference and
declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the
provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located' extended, converted
or structurally altered without full compliance with the terms of
this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions, nor is it
intended to repeal Sec. 9-1.2(Sec. 105.4(b)) of the Delray Beach
Code of Ordinances. Where this ordinance and another conflict or
overlap, whichever imposes the more~stringent restrictions.shall
prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance all provisions
shall be: (1) considered as minimum requirements; (2) liberally con-
strued in favor of the governing body; and, (3) deemed neither to
limit nor repeal any other powers granted under state statutes.
SECTION G. WARNING ~ND DISCLAIMER-OF LIABILITY
The degree of flood protection required by this ordinance is con-
sidered 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. This ordinance does not imply that
land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the City
of Delray Beach, its Mayor, members of the City Council, its
officers, employees or appointees thereof for any flood damages
that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
- 5 - ORD. NO. 23-78
SECTION H. PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply with
any of its requirements, including violation of conditions and safe-
guards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Any person who violates
this ordinance or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $500.00 or imprisoned
for not more that 90 days, or both, and in addition shall pay all costs
and expenses involved in the case. Each day such violation continues
shall be considered a separate offense Nothing herein contained shall
prevent the City of Delray Beach from taking such other lawful action
as is necessary to prevent or remedy any violation.
ARTICLE IV. ADMINISTRATION
SECTION A. DESIGNATION OF CHIEF BUILDING OFFICIAL AS ADMINISTRATOR
The Chief Building Official is hereby appointed to administer and
implement the provisions of this ordinance.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE CHIEF BUILDING OFFICIAL AS ADMINISTRATOR
Duties of the Chief Building Official, as administrator, shall include,
but not be limited to:
(1) Review all development permits to assure that the permit require-
ments of this ordinance 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 such permits be provided and maintained
on file with the development permit.
(3) Notify adjacent communities and the State Department of Community
Affairs, 2571 Executive Center Circle East~ Tallahassee, Florida,
32301 prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance
.Administration.
(4) Assure that maintenance is provided within the altered or re-
located portion of said watercourse so that the flood carrying
capacity is not diminished.
(5) Verify and record the actual elevation (in relation to mean sea
level') or,he, lowest fl~or (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 certifi-
'' cation from a registered professional engineer or architect.
- 6 - ORD. NO. 23-78
(8) W~nere 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 article.
(9) When base flood elevation data has not been provided in accord-
ance with Article 3, Section B, 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 Article 5.
(10) Ail records pertaining to the provisions of this ordinance shall
be maintained in the office of the Chief Building Official and
shall be open for public inspection.
SECTION C. PERMIT PROCEDURES
Application for a Development Permit shall be made to the Chief
Building Official on forms furnished by him and may include, but not
be limited to, the following plans in duplicate drawn to scale showing
the nature, location, dimensions, and elevations of the area in ques-
tion; existing or proposed structures, fill storage of materials;
drainage facilities, and the location of the foregoing. Specifically,
the following information is required:
(1) Elevation in relation to mean sea level of the lowest floor
(including basement) of all structures.
(2) Elevation in relation to mean sea level to which any non-resi-
dential structure has been flood-proofed.
(3) Provide a certificate from a registered professional engineer or
architect that the non-residential flood-Proofed structure meets
the flood-proofing criteria in Article 5, Section B(2).
(4) Description of the extent to which any watercourse will be
'altered or relocated as a result of proposed development. '
SECTION D. VARIANCE PROCEDURES
(1) The Board of Adjustment as established by the City of Delray
Beach shall hear and decide appeals and requests for variances
from the requirements of this ordinance.
(2) The Board of Adjustment shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or deter-
mination made by the Chief Building Official, as administrator,
in the enforcement or administration of this ordinance.
(3) .Any person aggrieved bY...the decision of the Board of Adjustment
or any taxpayer may seek review by a court of record of such
decision, in the manner provided by law.
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(4) 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 sec-
tion.
(5) In passing upon such applications, the Board of Adjustment shall
consider all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance, 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 such damage on the indivi-
dual owner;
(d) the importance of the services provided by the proposed
facility to the community;
(e) the necessity to the facility of a w~terfront location,
where applicable;
(f) the availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(g) the compatability 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 vehicles;
(j) 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; and,
(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.
(1) GenerallY, ~variances may be issued for new construction and
substantial improvements ~to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood
level, providing items (a -k) have been fully considered.
As the lot size increases beyond the one-half acre, the
technical justification required for issuing the variance
increases.
(6) Upon consideration of the factors listed above and the purposes
of this ordinance, the Board of Adjustment may attach such con-
ditions to the gr~nting of variances as it deems necessary to
further the purposes of this ordinance.
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(7) Variances shall not be issued within~any designated floodwaY if
any increase in flood levels during the base flood discharge
would result.
8. Conditions 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.
(b) Variances shall only be issued upon (i) a showing of good
and sufficient cause; (ii) a determination that failure to
grant the variance would result in exceptional hardship to
the applicant; and, (iii) 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.
(c) 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 lo~est floor elevation.
(d) The Chief Building Officia~shall maintain the records of all
appeal actions and-repor~t any variances to the Federal
Insurance.Administrationupon request.
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazard the following provisions are
required:
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of
the structure.
(2) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage.
(3) All new construction or substantial improvements shall be con-
structed by methods and practices that minimize flood damage.
(4) All new and replacement w~ter supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the
system.
(5) 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.
(6) On-site waste disposal systems shall be located to avoid impair-
ment to them or contamination from them during flooding.
- 9 - ORD. NO. 23-78
(7) Any alteration, repair, reconstruction, or improvements to a
structure on which the start of construction was begun after
the effective date of this ordinance, shall meet the requirements
of "new construction" as contained in this ordinance.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation data
has been provided as set forth in Article 3, Section B, or Article 4,
Section B (11), the following provisions are required:
(1) Residential Construction - New construction or substantial
improvement of any residential structure shall have the lowest
floor, including basement, elevated to or above base flood
elevation.
(2) Non-residential Construction - New construction or substantial
improvement of any commercial, industrial or other non-
residential structure shall either have the lowest floor,
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 water tight 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 bouyancy. A registered professional engineer~ or
architect shall certify that the standards of thi~ subsection
are satisfied. Such certification shall be provided to the
official as set forth in ArticI~ 4, Section C(3).
(3) Mobile Homes
(a) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over-the-top
and frame ties to ground anchors. Specific requirements
shall be that:
(i) over-the-top ties be provided at. each end' of the mobile
home, with one additional tie per side at an interme-.-
diate, location on mobile homes, of less th&n fifty~~ feet
and one additional~tie per side for mobile homes of
fifty feet or more.
(ii) frame ties be provided at each corner of the home with
four additional ties per side at intermediate points
for mobile homes less than fifty feet long and one
additional tie for mobile homes of fifty feet or longer;
(iii) all components of the anchoring system be capable of
carrying a force of 4,800 pounds; and,
(iv) any additions to the mobile home be similarly anchored.
(b) For new mobile home parks and subdivision; for expansions to
existing mobile home parks and subdivisions; for existing
mobile home parks and subdivisions where the repair, recon-
struction or improvement of the streets, utilities and pads
equals or exceeds fifty percent of value of the streets,
utilities and pads before the repair, reconstruction or
improvement has commenced; and, for mobile homes not placed
in a mobile home park or subdivision require;
(i) stands or lots are elevated on compacted fill or on
- 10- ORD. NO. 23-78
pilings so that the lowest floor 6f the mobile home
will be at or above the base flood level;
(ii) adequate surface drainage and access for a hauler
are provided; and,
(iii) in the instance of elevation on pilings: (1) lots
are large enough to permit steps; (2) piling founda-
tions are placed in stable soil no more than ten feet
part; and, (3) reinforcement is provided for pilings
more than six feet above the ground level.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need to
minimize flood damage.
(2) All subdivision proposals shall have public utilities and facili-
ties such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than
the lesser of fifty lots or five acres.
Section 2. 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 invalidl 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 3. That this ordinance shall become effective upon its
passage on second and.final reading.
PASSED AND ADOPTED in regular session on the second and final
reading on this the 8th day of May , 1978.
MA Y~
ATTEST:
First Reading April 24t 1978
Second Reading May 8, 1978
- 11 - ORD. NO. 23-78
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DEPA'~'iM'E"T OF HOUSING AND ~ReA~ DEvECOpMENT .... A~ROXI~ATE S~ALE
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