Proposed Ordinance No. 26-025- Second Reading: An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Part III, Land Development Regulations, Chapter 4, Article X "Flood Prevention Requirements," Section 1 "General," and Section 5 "Specific Requirements by Type of Improvement or Development," of the City Code of Ordinance to Ensure Compliance with State Statute, Providing for Codification, Providing for Severability, Providing for Conflicts, and Providing for an Effective Date.
Staff recommends approval of Proposed Ordinance No. 26-025, Second Reading.
Currently, Article X, Flood Prevention Requirements, Section 5 C, states: “Manufactured homes, as defined in Chapter 1, Article II, are not permitted in flood hazard areas.” This restriction prohibits the placement of manufactured homes within designated flood hazard zones. The existing prohibition in Article X is now in conflict with Florida Statute §553.38. This statute, enacted through House Bill 803, mandates that local governments must allow off-site constructed residential dwellings, including manufactured homes, in any zoning district where single-family detached residences are permitted.
Article X must be amended so that the City’s Flood Ordinance aligns with Florida Statute §553.38. This update is necessary to ensure that manufactured homes are permitted in Special Flood Hazard Areas (SFHA) where single-family detached residences are allowed, in accordance with the new statutory mandate.
Will not affect City programs or services.
No budgetary impact.
No Fiscal impact