24-021 1 ORDINANCE NO.24-021
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA,AMENDING PART III,CHAPTER
s 4, "SITE DEVELOPMENT STANDARDS," ARTICLE X, "FLOOD
6 PREVENTION REQUIREMENTS," SECTION 1.0
7 "ADMINISTRATION," SECTION 1.D "APPLICABILITY,"
8 SECTION 2.A "DEVELOPMENT IN FLOOD HAZARD AREAS,"
9 AND SECTION 5.E "BUILDING AND STRUCTURES;"
10 PROVIDING FOR CODIFICATION, SEVERABILITY,
11 CONFLICTS,AND PROVIDING FOR AN EFFECTIVE DATE.
12
13 WHEREAS, the Legislature of the State of Florida has, in Chapter 166— Municipalities,
14 Florida Statutes, conferred upon local governments the authority to adopt regulations designed to
15 promote the public health, safety, and general welfare of its citizenry; and
16 WHEREAS, the City of Boynton Beach participates in the National Flood Insurance
17 Program, and the City of Boynton desires to continue to meet the requirements of Title 44 Code
18 of Federal Regulations, Sections 59 and 60,necessary for such participation; and
19 WHEREAS, the Federal Emergency Management Agency has revised and reissued the
20 Flood Insurance Study for Palm Beach County, Florida, and Incorporated Areas, with an effective
21 date of December 20, 2024; and
22 WHEREAS,the City of Boynton Beach has determined that it is in the best interest of the
23 public to amend Part III, Chapter 4, "Site Development Standards,"Article X, "Flood Prevention
24 Requirements," Section 1.0 "Administration," Section 1.D "Applicability," Section 2.A.
25 "Development in Flood Hazard Areas,"and Section 5.E "Building and Structures"to identify the
26 effective date of the revised Flood Insurance Study and Flood Insurance Rate Maps.
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27 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA:
29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
30 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
31 Section 2: Part III, Chapter 4, Article X, Section 1.C, entitled "Administration"of the
32 Code of Ordinances of the City of Boynton Beach is hereby amended as follows:
33 Part III,Chapter 4,Article X,Section 1,Part C"Administration,"Section 7"Other Duties"
34 C. Administration.
35 ...
36 7. Other Duties. The Floodplain Administrator shall have other duties, including but not
37 limited to:
38 ...
39 c. Require applicants who submit hydrologic and hydraulic engineering analyses to support
40 permit applications to submit to FEMA the data and information necessary to maintain the Flood
41 Insurance Rate Maps(FIRM)if the analyses propose to change base flood elevations,flood hazard
42 area boundaries, ; such submissions shall be made within six (6)months
43 of such data becoming available;
44 ...
45 Section 3: Part III, Chapter 4, Article X, Section 1.D, entitled "Applicability" of the
46 Code of Ordinances of the City of Boynton Beach is hereby amended as follows:
47 Part III, Chapter 4,Article X, Section 1, Part D entitled "Applicability"
48 D. Applicability.
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49 ...
50 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm
51 Beach County, Florida and Incorporated Areas dated October 5, 2017 December 20, 2024, and all
52 subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent
53 amendments and revisions to such maps, are adopted by reference as a part of this article and shall
54 serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish
55 flood hazard areas are on file in the Development Department at the city.
56 ...
57 Section 4: Part III, Chapter 4, Article X, Section 2.A, "Development in Flood Hazard
58 Areas"of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows:
59 Part III, Chapter 4, Article X, Section 2, Part A entitled "Development in Flood Hazard
60 Areas"
61 A. Development in Flood Hazard Areas.
62 ...
63 2. Where base flood elevations;or fleedway data pis not included on the FIRM or in the
64 FIS, they shall be established in accordance with Sections 4.B.2 or 4.B.3 1-B7-or-Section 2.C.
65 below.
66 3. Where the parcel on which the proposed development will take place will have more than
67 fifty (50) lots or is larger than five (5) acres and the base flood elevations are not included on the
68 FIRM or in the FIS, such elevations shall be established in accordance with Section 4.B.1. 2.B.
69 below.
70 ...
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71
72 Section 5: Part III, Chapter 4, Article X, Section 5.E, entitled `Buildings and
73 Structures"of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows:
74 Part III, Chapter 4,Article X, Section 5, Part E entitled"Buildings and Structures"
75 E. Buildings and Structures.
76 ...
77 2. Buildings and structures seaward of the coastal construction control line. If extending, in
78 whole or in part, seaward of the coastal construction control line and also located, in whole or in
79 part, in a flood hazard area:
80 ...
81 b. Minor structures and non-habitable major structures as defined in section 161.54, F.S.,
82 shall be designed and constructed to comply with the intent and applicable provisions of this
83 ordinance article and ASCE 24.
84 ...
85 Section 6: Codification. It is the intention of the City Commission of the City of
86 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall
87 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida,
88 and that Sections of this Ordinance may be renumbered,re-lettered and the word"Ordinance"may
89 be changed to "Section," "Article," or such other word or phrase in order to accomplish such
90 intention.
91 Section 7: Severability. If any clause, section,or other part of this Ordinance shall be
92 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
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93 or invalid part shall be considered eliminated and in no way affect the validity of the other
94 provisions of this Ordinance.
95 Section 8: Conflicts. That all Ordinances, parts of Ordinances, Resolutions, or parts
96 of Resolutions in conflict herewith be and the same are repealed to the extent of such conflict.
97 Section 9: Effective Date. That this Ordinance shall take effect immediately upon
98 passage.
99
100 [SIGNATURE ON THE FOLLOWING PAGE]
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102 FIRST READING this
iS day of C 2024.
103 SECOND, FINAL READING, AND PASSAGE this 1 cday of (Dejber2024.
104 CITY OF BOYNTON BEACH, FLORIDA
105 YES NO
106
107 Mayor—Ty Penserga t/
108
109 Vice Mayor— Aimee Kelley
110
111 Commissioner—Woodrow L. Hay
112
113 Commissioner—Angela Cruz
114
115 Commissioner—Thomas Turkin
116
117 VOTE c—C
118 ATTEST:
119
120O 11
121 Ir, " � !Ce /P 142
122 Mayle; I: esus, MMC T ' -•ga
123 City Cl ,,,,•%� Ma •
124 =OV WON `�‘
125 0ke F ':9n2t • PPROVED AS TO FORM:
126 (Corporate Seal) IAA j,.i •
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127 iV; WO: i
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128 � �:I"G 1820• •: % - !%Gv� �
129 '� % Shawna G. Lamb
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130 ‘. FLOW= City Attorney
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