Ordinance No. 05-24ORDlNANCE NO.05-24
AN ORDlNANCE OF THE ClTY COMMISSlON OF THE CITY OF
DELRAY BEACH,FLORlDA,AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
CODE OF ORDINANCES.CHAPTER IO."FLOOD DAMAGE
CONTROL DISTRICTS AND COASTAL CONSTRUCTION."
ARTICLE IO.I,"ADMINISTRATION."SECTION 10.1.2.
APPLICABILITY."TO REFERENCE THE MOST RECENTLY
ADOPTED FLOOD INSURANCE STUDY;AMENDING SECTlON
I 0.1.7,"VARIANCES AND APPEALS."TO REPLACE REFERENCES
TO THE BOARD OF ADJUSTMENT FOR APPEALS TO
FLOODPLAIN MANAGEMENT REGULATIONS WITH THE
APPROPRIATE REVIEWING BODY FOR CONSlSTENCY WlTH
CHAPTER 2 AND UPDATING THE FLORIDA BUILDlNG CODE
CHAPTER CIT A TION FOR HISTORIC STRUCTURES;AMENDING
ARTICLE 10.2."DEFINITIONS."SECTION 10.2.2."DEFINITIONS."
BY DELETING THE DEFINITIONS FOR "EXISTING
MANUFACTURED HOME PARK OR SUBDIVISION,""EXPANSION
TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION."AND "NEW MANUFACTURED HOME PARK OR
SUBDIVISION."FOR CONSISTENCY WITH STATE FLOODPLAIN
REQUIREMENTS FOR ALL MANUFACTURED HOMES,AND BY
AMENDING THE DEFINITIONS FOR ·'COASTAL HIGH HAZARD
AREA."HISTORIC STRUCTURE."AND"MARKET VALUE."TO BE
CONSISTENT WITH INDUSTRY STANDARDS;AND AMENDING
ARTICLE 10.3,"FLOOD RESISTANT DEVELOPMENT."SECTION
10.3.4."MANUFACTURED HOMES."TO CREATE A UNIFORM
ELEVATION FOR ALL MANUFACTURED HOMES IN FLOOD
HAZARD AREAS;PROVIDING A CONFLICTS CLAUSE,A
SEVERABILITY CLAUSE,AUTHORITY TO CODIFY,AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS.the Land Development Regulations (the "LDR )of the City of Delray Beach
("City'')Code of Ordinances provide authority for the City Commission to amend,change,
supplement,or repeal the LOR from time to time;and
WHEREAS,the United States Federal Emergency Management Agency issued a revised
Flood Insurance Study for Palm Beach County,Florida and Incorporated Areas,with an effective
date of December 20,2024;and
WHEREAS,the City participates in the National Flood Insurance Program (NFIP)
Community Rating System (CRS),a voluntary incentive program that recognizes and encourages
community floodplain management activities that exceed the minimum program requirements;and
WHEREAS,citizens and property owners in CRS communities can obtain discounted
premium rates for flood insurance policies;and
WHEREAS,the City achieved a CRS rating of Class 6:and
WHEREAS,in 2020 the NFIP CRS established certain minimum prerequisites for
communities to qualify for or maintain class ratings of Class 8 or higher;and
WHEREAS,to satisfy the prerequisites and maintain the current CRS rating,all
manufactured homes installed or replaced in special flood hazard areas must be elevated such that
the bottom of the lowest horizontal structural member is at or above the base flood elevation plus
one (I)foot or as required by the Florida Building Code,whichever is higher,with additional
freeboard elevation is allowed per Section 4.3.4(1)(2);and
WHEREAS,pursuant to Florida Statutes 163.3 l 74(4)(c),the Plann ing and Zoning Board
for the City of Delray Beach,sitting as the Local Plann ing Agency,considered this item at a public
hearing on August 12,2024,and voted 5 to O to recommend approval of the proposed text
amendments,finding that the request and approval is consistent with the Comprehensive Plan and
meets the criteria set forth in the Land Development Regulations.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH,FLORIDA,AS FOLLOW S:
Section I.The recitations set forth above are incorporated herein.
Section 2.The City Commission of the City of Delray Beach finds this Ordinance is
consistent with the Comprehensive Plan,meets the criteria set forth in the Land Development
Regulations,and is in the best interests of the City.
Section 3.Chapter I 0,"Flood Damage Control Districts and Coastal Construction."
Article 10.1,"Administration."Section 10.1.2."Applicability."of the Land Development
Regulations of the City of Delray Beach,is hereby amended as follows:
Sec.10 .1.2.Applic abili ty.
(A)General.Where there is a conflict between a general requirement and a specific
requirement,the specific requirement shall be applicable.
(B)Areas to which the floodplain management regulations apply.The Floodplain
Management Regulations shall apply to all flood hazard areas within the City of Delray
Beach,as established in LOR Section I 0.1.2(C).
(C)Basis for establishing flood hazard areas.The Flood Insurance Study for Palm Beach
County,Florida,and Incorporated Areas dated Octo ber 5,217-December 20_2024.
and all subsequent amendments and revisions,and the accompanying Flood Insurance
Rate Maps (FIRM),and all subsequent amendments and revisions to such maps,are
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adopted by reference as a part of this ordinance the Floodplain Management
Regulations 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)Submission of additional data to establish flood hazard areas.To establish flood
hazard areas and base flood elevations,pursuant to LOR Section I 0.1.5 the Floodplain
Administrator may require submission of additional data.Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography
accepted by the community indicates that ground elevations:
(I)Are below the closest applicable base flood elevation,even in areas not
delineated as a special flood hazard area on a FIRM,the area shall be considered
as flood hazard area and subject to the requirements of the Floodplain
Management Regulations and,as applicable,the requirements of the Florida
Building Code.
(2)Are above the closest applicable base flood elevation,the area shall be regulated
as special flood hazard area unless the applicant obtains a Letter of Map Change
that removes the area from the special flood hazard area.
(E)Other laws.The provisions of the Floodplain Management Regulations shall not be
deemed to nullify any provisions of local,state or federal law.
(F)Abrogation and greater restrictions.The Floodplain Management Regulations
supersede any LOR Section in effect for management of development in flood hazard
areas.However,it is not intended to repeal or abrogate any existing ordinances
including but not limited to land development regulations,zoning ordinances,
stormwater management regulations,or the Florida Building Code.ln the event of a
conflict between the Floodplain Management Regulations and any other ordinance,the
more restrictive shall govern.The Floodplain Management Regulations shall not
impair any deed restriction,covenant or easement,but any land that is subject to such
interests shall also be governed by the Floodplain Management Regulations.
(G)Interpretation.ln the interpretation and application of the Floodplain Management
Regulations,all provisions shall be:
(I)Considered as minimum requirements;
(2)Liberally construed in favor of the governing body;and
(3)Deemed neither to limit nor repeal any other powers granted under state statutes.
Section4,Chapter 10."Flood Damage Control Districts and Coastal Construction."
Article 10.1."Administration."Section 10.1.7."Variances and Appeals."of the Land
Development Regulations of the City of Delray Beach,is hereby amended as follows:
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Sec.10.1.7.Variances and appeals.
(A)General.The Board of Adjustment appropriate reviewing body identified in Chapter2
shall hear and decide on requests for appeals and requests for variances from the strict
application of the Floodplain Management Regulations.Pursuant to section 553.73(5),
F.S.,the Board of Adjustment reviewing body shall hear and decide on requests for
appeals and requests for variances from the strict application of the ílood resistant
construction requirements of the Florida Building Code.This section does not apply to
Section 3109 of the Florida Building Code,Building.
(B)Appeals.The Board of Adjustment reviewing body shall hear and decide appeals when
it is alleged there is an error in any requirement,decision,or determination made by
the Floodplain Administrator in the administration and enforcement of the Floodplain
Management Regulations.Any person aggrieved by the decision may appeal such
decision to the Circuit Court,as provided by Florida Statutes.
(C)Limitations on authority to grant variances.The Board of Adjustment reviewing body
shall base its decisions on variances on the technical justifications submitted by
applicants,the considerations for issuance in LOR Section 10.1.7(G),the conditions of
issuance set forth in LOR Section 10.1.7(H),and the comments and recommendations
of the Floodplain Administrator.The Board of Adjustment reviewing body has the right
to attach such conditions as it deems necessary to further the purposes and objectives
of the Floodplain Management Regulations.
(O)Restrictions in floodways.A variance shall not be issued for any proposed development
in a íloodway if any increase in base flood elevations would result,as evidenced by the
applicable analyses and certifications required in LOR Section I O.I .5(C).
(E)Historic buildings.A variance is authorized to be issued for the repair,improvement,
or rehabilitation of a historic building that is determined eligible for the exception to
the ílood resistant construction requirements of the Florida Building Code,Existing
Building,Chapter 111 Historic Buildings,upon a determination that the proposed
repair,improvement,or rehabilitation will not preclude the building's continued
designation as a historic building and the variance is the minimum necessary to
preserve the historic character and design of the building.If the proposed work
precludes the building's continued designation as a historic building,a variance shall
not be granted and the building and any repair,improvement,and rehabilitation shall
be subject to the requirements of the Florida Building Code.
(F)Functionally dependent uses.A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use,
as defined in the Floodplain Management Regulations,provided the variance meets the
requirements of LOR Section 10.1.7(D),is the minimum necessary considering the
ílood hazard,and all due consideration has been given to use of methods and materials
that minimize flood damage during occurrence of the base ílood.
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(G)Considerations for issuance of variances.In reviewing requests for variances,the
Board of Adjustment reviewing body shall consider all technical evaluations,all
relevant factors,all other applicable provisions of the Florida Building Code,the
Floodplain Management Regulations,and the following:
(I)The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;
(2)The danger to life and property due to flooding or erosion damage;
(3)The susceptibility of the proposed development,including contents,to flood
damage and the effect of such damage on current and future owners;
(4)The importance of the services provided by the proposed development to the
community;
(5)The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
(6)The compatibility of the proposed development with existing and anticipated
development;
(7)The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8)The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
(9)The expected heights,velocity,duration,rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action,if applicable,
expected at the site;and
(10)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,streets and bridges.
(H)Conditions for issuance of variances.Variances shall be issued only upon:
(I)Submission by the applicant,of a showing of good and sufficient cause that the
unique characteristics of the size,configuration,or topography of the site limit
compliance with any provision of the Floodplain Management Regulations or
the required elevation standards;
(2)Determination by the Board of Adjustment-reviewing body that:
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(a)Failure to grant the variance would result in exceptional hardship due to
the physical characteristics of the land that render the lot undevelopable;
increased costs to satisfy the requirements or inconvenience do not
constitute hardship;
(b)The granting of a variance will not result in increased flood heights,
additional threats to public safety,extraordinary public expense,nor
create nuisances,cause fraud on or victimization of the public or conflict
with existing local laws and ordinances;and
(c)The variance is the minimum necessary,considering the flood hazard,
to afford relief;
(3)Receipt of a signed statement by the applicant that the variance,if granted,shall
be recorded in the Office of the Clerk of the Court in such a manner that it
appears in the chain of title of the affected parcel of land;and
(4)If the request is for a variance to allow construction of the lowest floor of a new
building,or substantial improvement of a building,below the required
elevation,a copy in the record of a written notice from the Floodplain
Administrator to the applicant for the variance,specifying the difference
between the base flood elevation and the proposed elevation of the lowest floor,
stating that the cost of federal flood insurance will be commensurate with the
increased risk resulting from the reduced floor elevation (up to amounts as high
as $25.00 for $100.00 of insurance coverage),and stating that construction
below the base flood elevation increases risks to life and property.
Section 5.Chapter I O,··Flood Damage Control Districts and Coastal Construction."
Article 10.2."Definitions."Section 10.2.2."Definitions."of the Land Development Regulations
of the City of Delray Beach,is hereby amended as follows:
Sec.10.2.2.-Definitions.
The following words,terms and phrases,when used in this article Chapter,shall have the
meanings ascribed to them in this section Section,except where the context clearly indicates a
different meaning:
Coastal high hazard area.A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources.Coastal high hazard areas are also referred to as
high hazard areas subject to high velocity wave aetion"or "V Zones'and are designated on
Flood Insurance Rate Maps (FIRM)as Zone V I V30,VE,or V.
Existing manufactured home perk or subdivision.manufactured home park or subdH1ston
for which the construction of facilities for serviemng the lots on which the manufactured homes
are to be affixed (including,at a minimum,the installation of utilities,the construction of
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streets,and either final site grading or the pouring of concrete pads)is completed before April
9,1974
Expansion to an existing manufactured home park or subdivision.The preparation of
additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (ineludmng the installation of utilities,the construction
of streets,and either final site grading or the pouring of concrete pads).
Historic structure.Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code,Existing Building,Chapter H 1
Historic Buildings.
Letter of map change (LOMC).An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study.Letters of Map
Change include:
(l)Letter of map amendment (LOMA):An amendment based on technical data
showing that a property was incorrectly included in a designated special flood
hazard area.A LOMA amends the current effective Flood Insurance Rate Map
and establishes that a specific property,portion of a property,or structure is not
located in a special flood hazard area.
(2)Letter of map revision (LOMR):A revision based on technical data that may
show changes to flood zones,flood elevations,special flood hazard area
boundaries and floodway delineations,and other planimetrie features.
()Letter of map revision based on fill (LOMR-F):A determination that a
structure or parcel of land has been elevated by fill above the base flood
elevation and is,therefore,no longer located within the special flood hazard
area.In order to qualify for this determination,the fill must have been permitted
and placed in accordance with the community's floodplain management
regulations.
(h)Conditional letter of map revision (CLOMR):A formal review and comment
as to whether a proposed flood protection project or other project complies with
the minimum NFlP requirements for such projects with respect to delineation
of special flood hazard areas.A CLOMR does not revise the effective Flood
Insurance Rate Map or Flood Insurance Study;upon submission and approval
of certified as-built documentation,a Letter of Map Revision may be issued by
FEMA to revise the effective FIRM.
Market value.The price at which a property will change hands between a wiling buyer and a
willing seller.neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts.s used intheFloodplain Management Regulations.the term
refers to the market The value of buildings and structures,excluding the lanci and other
improvements on the parcel.Market value may be established by a qualified independent
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appraiser,is the Actual Cash Value (in-kind replacement cost depreciated for age,wear and
tear,neglect,and quality of construction)as determined by a qualified independent appraiser,
or tax assessment value adjusted to approximate market value by a factor provided by the
County Property Appraiser.
Vew manuftetured home park or subdivision.manufactured home park or subdivision Hr
which the construc tion of facilities for serv temng the lots on which the manufactured homes are
to be affixed (ineludmng at a minimum.the installation of utilities.the construct ion ol streets,
and either final site grading or the pouring of concrete pads)is completed on or after April 9,
1971.
Section6.Chapter 10,"Flood Damage Control Districts and Coastal Construction."
Article I 0.3."Flood Resistant Development,"Section I 0.3.4,"Manufactured homes,"of the Land
Development Regulations of the City of Delray Beach,is hereby amended as follows:
Sec.10.3.4.Manufactured homes.
(A)General.All manufactured homes installed in ílood hazard areas shall be installed by
an installer that is licensed pursuant to section 320.8249,F.S.,and shall comply with
the requirements of Chapter l SC-1,F.A.C.and the requirements of the Floodplain
Management Regulations.If located seaward of the coastal construction control line,
all manufactured homes shall comply with the more restrictive of the applicable
requirements.
(B)Foundations.All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on pemrnnent,reinforced foundations
that:
(1)In flood hazard areas (Zone A)other than coastal high hazard areas,are
designed in accordance with the foundation requirements of the Florida
Building Code,Residential Section R322 .2 and the Floodplain Management
Regulations.Fo unda tions for manufacture d hom es subj ect to]DR Section
10.3.4F)are permitted to be reinforced piers or other foundation elements of
at least equivalent strength.
(2)In coastal high hazard areas (Zone V),are designed in accordance with the
foundation requirements of the Florida Building Code,Residential Section
R322.3 and the Floodplain Management Regulations.
(C)Anchoring.All new manufactured homes and replacement manufactured homes shall
be installed using methods and practices which minimize flood damage and shall be
securely anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement.Methods of anchoring include,but are not limited to,use
of over-the-top or frame ties to ground anchors.This anchoring requirement is 111
addition to applicable state and local anchoring requirements for wind resistance.
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(O)
(E)
(F)
Elevation.Manufactured homes that are placed,replaced,or substantially improved
shall comply with LDR Section I0.3.4E)or I0.3.4F)as applicable.AI]manufactured
homes that are placed,replaced,or substantially improved in flood hazard areas shall
be elevated such that the bottom of the lowest horizontal structural member is at or
above the base flood elevation plus one (1)foot or as required by the Florida Building
Code,as amended,whichever is higher.Additional freeboard elevation is allowed per
Section 4.3.4(J)(2).
General elevation requirement.Unless sub¡eet to the requirements of L DR Section
I 0.3.4F).all manufactured homes that are placed,replaced,or substantially improved
on sites located:(a)outside of a manufactured home parle or subdivision;(b)in a new
manufactured home park or subdivision;{e}mn an expansion to an etsting
manufactured home park or subdivision;or (d)in an existing manufactured home park
or subdivision upon which a manufactured home has incurred 'substantial damage'as
the result of a flood,shall be elevated such that the bottom of the frame is at or above
the elevation required,as applicable to the flood hazard area,in the Florida Building
Cod R id'IS'R322.2(Z A)S'R322.3(Z V)o e Kestenia ecHOn I.----ne OF ee1On .0ne V .
Elevation requirement for certain existing manufactured home parks and
subdivisions.Manufactured homes that are not subject-to LDR Section 40.3.4(E)
including manufactured homes that are placed,replaced,or substantially improved on
sites located in an existing manufactured home park or subdivision,unless on a site
where substantial damage as result of flooding has occurred,shall be elevated such that
either the:
(1 )
(29
Bottom of the frame of the manufactured home is at or above the elevation
required,as applicable to the flood hazard area,in the florida Building Code,
Residential Seetin R322.2 (/0ne A}or Section R322.3 (/0ne V;or
Bottom of the frame is supported by reinforced piers or other foundation
elements of at least equivalent strength that are not less than 3 6 inches in height
above grade.
(G)(E)Enclosures.Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code,Residential Section R322.2 or R322.3 for
such enclosed areas,as applicable to the flood hazard area.
(H F)Utility equipment.Utility equipment that serves manufactured homes,including
electric,heating,ventilation,plumbing,and air conditioning equipment and other
service facilities,shall comply with the requirements of the Florida Building Code,
Residential Section R322,as applicable to the flood hazard area.
Section 7.
are,hereby repealed.
All ordinances or parts of ordinances in conflict herewith be,and the same
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Section 8.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 9.Specific authority is hereby given to the City Clerk to codify this Ordinance.
Section 10.This Ordinance shall become effective immediately upon its passage on
second and final reading.
PASS ED AND ADOPTED in regular session on second and final reading on this _/-
day of //on 04 ,2024
Alexis Givings.Iríterim City Clerk
d legal sufficiency:
L City Attorney
First Readi O 10/t ~
second Readg ""7/,?ca
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