2013-3823 Ordinance ORDINANCE NO. 2013-3823
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 54, ENTITLED
"FLOODS," BY AMENDING ARTICLE II, ENTITLED "FLOODPLAIN
MANAGEMENT," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 54-35, ENTITLED
"DEFINITIONS" BY AMENDING AND DELETING CERTAIN
DEFINITIONS THEREIN; BY AMENDING DIVISION 2, ENTITLED
"GENERAL PROVISIONS," BY AMENDING SECTION 54-38,
ENTITLED "DESIGNATION OF FLOODPLAIN ADMINISTRATOR" TO
DESIGNATE THE BUILDING OFFICIAL, INSTEAD OF THE BUILDING
DIRECTOR, AS THE FLOODPLAIN ADMINISTRATOR; BY AMENDING
DIVISION 3, ENTITLED "ADMINISTRATION," BY AMENDING
SECTION 54-45, ENTITLED "PERMIT PROCEDURES" AND SECTION
54-46, ENTITLED "DUTIES AND RESPONSIBILITIES OF THE
BUILDING DIRECTOR OR DESIGNEE" TO CHANGE ALL BUILDING
DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN
ADMINISTRATOR; AMENDING DIVISION 4, ENTITLED "PROVISIONS
FOR FLOOD HAZARD REDUCTION"; BY AMENDING SECTION 54-47,
ENTITLED "GENERAL STANDARDS," SECTION 54-48, ENTITLED
"SPECIFIC STANDARDS," AND SECTION 54-49, ENTITLED
"SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD
ELEVATIONS AND REGULATORY FLOODWAYS" TO MODIFY
CERTAIN FLOOD HAZARD REDUCTION PROVISIONS; BY
DELETING THE PROVISIONS IN SECTION 54-50, ENTITLED
"STANDARDS FOR A-O ZONES"; BY AMENDING DIVISION 5,
ENTITLED "VARIANCE PROCEDURES," TO CHANGE ALL BUILDING
DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN
ADMINISTRATOR; PROVIDING NON-SUBSTANTIVE, CLERICAL
REVISIONS THROUGHOUT ARTICLE II OF CHAPTER 54; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has been directed by the Federal Emergency
Management Administration to revise its City Code provisions concerning floodplain
management.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Division 1 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
CHAPTER 54
FLOODS
ARTICLE II. Floodplain Management
DIVISION 1. Generally
Sec. 54-35. Definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so
as to give them the meaning they have in common usage and to give this article its most
reasonable application.
Addition (to an existing building) means any walled and roofed expansion to the
perimeter or height of a building the ReGted by a GGP;M.Q-n In—ad- bearing
Any walled =cj r-nnnAr-tiad
Existing construction means, for the purposes of floodplain management, structures for
which "the start of construction" commenced before Devermr bee 12, 4992 September 29, 1972.
For the purposes of determining rates, existing construction shall mean structures for which the
"start of construction" commenced before Dese.m.-beF 12, 2-September 29, 1972. This term
may also be referred to as "existing structures".
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before nzGeFnbeF12, 1992 September 29, 1972.
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,
wheFe the beuRdaFffies of the ar-1-9-aS Of GpeGial fleed hazaFd have been identified a6 only
�rrrnvirv►ate X
Floodplain management regulations means this article and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications
of police power which control development in floodprone areas. This term describes federal,
State of Florida, South Florida Water Management District (SFWMD), or local regulations in any
combination thereof, which provide standards for preventing and reducing flood loss and
damage.
Historic structure means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National
Register; or
(b) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic or a district
preliminarily determined by the Secretary to qualify as a registered historic
district; or
(c) Individually listed on the Florida Inventory of Historic Places, which has been
approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
1. By the approved Florida program as determined by the Secretary of the
Interior, or
2. Directly by the Secretary of the Interior; or
(e) Designated as an historic building, historic structure, or a contributing structure
located within a local historic district, by the City of Miami Beach.
New construction means, for floodplain management purposes, any structure for which
the "start of construction" commenced on or after DeGeFnbeF 12, 1992 September 29, 1972.
The term also includes any subsequent improvements to such structures. For flood insurance
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rates, structures for which the start of construction commenced on or after DevembeF 12, 1992
September 29, 1972, and includes any subsequent improvements to such structures.
Repetitive loss structure means a building that has incurred flood-related damages on
two occasions during a 10-year period ending on the date of the event for which claim is made,
on the average, equaled or exceeded 25 percent of the market value of the building the time of
each such flood event.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, taking place during a five-year period, in which the cumulative cost
of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred "substantial
damage" regardless of the actual repair work performed. This term does not, however, include
any repair or improvement of a structure to correct existing violations of State of Florida or local
health, sanitary, or safety code specifications, which have been identified by the local code
enforcement official prior to the application for permit for improvement, and which are the
minimum necessary to assure safe living conditions. This term does not include any alteration of
an existing historic structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure.
SECTION 2.
That Division 2 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
DIVISION 2. General Provisions
Sec. 54-38. Designation of floodplain administrator.
The commission of the City of Miami Beach hereby appoints the building diFeGte official
or his/her designee to administer and implement the provisions of this article and is herein
referred to as the floodplain administrator.
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SECTION 3.
That Division 3 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
DIVISION 3. Administration
Sec. 54-45. Permit procedures.
Application for a development permit shall be made to the h,�ildiRg rdoFeGtGF Or his/her
floodplain administrator on forms furnished by him or her prior to any development
activities, 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 question; existing and
proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the
location of the foregoing. Specifically, the following information is required:
(1) Application stage:
(a) Elevation in relation to mean sea level of the proposed lowest floor
(including basement) of all buildings;
(b) Elevation in relation to mean sea level to which any nonresidential
building will be floodproofed;
(c) Certificate from a registered professional engineer or architect that the
nonresidential floodproofed building will meet the floodproofing criteria in
subsection 54-45(2) and subsection 54-48(2);
(d) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development; and
(e) Elevation in relation to mean sea level of the bottom of the lowest
horizontal structural member of the lowest floor and provide a certification
from a registered engineer or architect indicating that they have
developed and/or reviewed the structural designs, specifications and
plans of the construction and certified that [they] are in accordance with
accepted standards of practice in coastal high hazard areas.
(2) Construction stage: Upon placement of the lowest floor, or floodproofing by
whatever construction means, or bottom of the lowest horizontal structural
member, it shall be the duty of the permit holder to submit to the
9F hisiReF designee-floodplain administrator a certification of the NGVD or NAVD
elevation of the lowest floor or floodproofed elevation, or bottom of the lowest
horizontal structural member of the lowest floor as built, in relation to mean sea
level. Said certification shall be prepared by or under the direct supervision of a
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registered land surveyor or professional engineer and certified by same. When
floodproofing is utilized for a particular building said certification shall be
prepared by or under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to submission of the
certification shall be at the permit holder's risk. The
designee-floodplain administrator shall review the lowest floor and floodproofing
elevation survey data submitted. The permit holder immediately and prior to
further progressive work being permitted to proceed shall correct violations
detected by such review. Failure to submit the survey or failure to make said
corrections required hereby shall be cause to issue a stop-work order for the
project.
Sec. 54-46. Duties and responsibilities of the building diFertGF OF hiislheF designee
floodplain administrator.
Duties and responsibilities of the b ildiRg d-iFeGtGF ^r his floodplain
administrator shall include, but are not be limited to:
(1) Review permits to assure'sites are reasonably safe from flooding;
(2) Review all development permits to assure that the permit requirements of this
article have been satisfied;
(3) Require copies of additional federal, State of Florida, or local permits, especially
as they relate to F.S. §§ 161.053, 320.8249, 320.9359 320.8325, 373.036,
380.05, 381.0065, and ch. 553, pt. IV, be submitted along with the development
permit application and maintain such permits on file with the development permit;
(4) Notify adjacent communities, the Florida Department of
Economic Opportunity — Division of Emergency Management — NFIP
Coordinating Office, South Florida Water Management District, the Federal
Emergency Management Agency F( EMA), and other federal and/or State of
Florida agencies with statutory or regulatory authority prior to any alteration or
relocation of a watercourse;
(5) Assure that the floodcarrying capacity within the altered or relocated portion of
any watercourse is maintained;
(6) Verify and record the actual elevation (in relation to mean sea level) of the lowest
floor (A-zones) or bottom of the lowest horizontal structural member of the lowest
floor (V-zones) of all new and substantially improved buildings, in accordance
with subsections 54-48(1) and (2) and subsection 54-51(2), respectively;
(7) Verify and record the actual elevation (in relation to mean sea level) to which the
new and substantially improved buildings have been floodproofed, in accordance
with subsection 54-47(2);
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(8) Review certified plans and specifications for compliance. When floodproofing is
utilized for a particular building, certification shall be obtained from a registered
engineer or architect certifying that all areas of the building, together with
attendant utilities and sanitary facilities, below the required elevation are
watertight with walls substantially impermeable to the passage of water, and use
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy in compliance with subsection
54-47(2) of this article. In coastal high hazard areas, certification shall be
obtained from a registered professional engineer or architect that the building is
designed and securely anchored to pilings or columns in order to withstand
velocity waters and hurricane wave wash. Additionally, in coastal high hazard
areas, if the area below the lowest horizontal structural member of the lowest
floor is enclosed, it may be done so with open wood lattice and insect screening
or with nonsupporting breakaway walls that meet the standards of subsection 54-
51(6) of this article;
(9) Interpret the exact location of boundaries of the areas of special flood hazard.
When there appears to be a conflict between a mapped boundary and actual
field conditions, the h,�ildiRg ,vireo+„r er hi-Q1/hp-r- desigRee floodplain 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;
(10) When base flood elevation data and floodway data have not been provided in
accordance with section 54-37, the building diFeGt nr OF hic/hei: desinr+oo
floodplain administrator shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, State of Florida, or any
other source, in order to administer the provisions of division 4;
(11) Coordinate all change requests to the FIS; and FIRM and F=QF"" with the
requester, State of Florida, Cooperating Technical Partner, and FEMA; and
(12) Where base flood elevation is utilized, obtain and maintain records of lowest floor
and floodproofing elevations for new construction and substantial improvements
in accordance with subsections 54-48(1) and (2), respectively.
SECTION 4.
That Division 4 of Article II of Chapter 54 of the Code of the City of Miami Beach is
hereby amended as follows:
DIVISION 4. Provisions for Flood Hazard Reduction
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Sec. 54-47. General standards.
In all areas of special flood hazard, all development sites, including new construction
and substantial improvements, shall be reasonably safe from flooding and meet the following
provisions:
(1) New construction and substantial improvements shall be designed or modified
and adequately anchored to prevent flotation, collapse, and lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
(2) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral
movement. Methods of anchoring may include, but are not limited to, use of over-
the-top or frame ties to ground anchors. This standard shall be in addition to and
consistent with applicable State of Florida requirements for resisting wind forces,
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(13) Standards for subdivision proposals and other new proposed development
(including manufactured homes):
(a) Such proposals shall be consistent with the need to minimize flood
damage;
(b) Such proposals shall have public utilities and facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize or
eliminate flood damage; and
(c) Such proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
(14) When proposed new construction and substantial improvements are partially
located in an area of special flood hazard, the entire structure shall meet the standards for new
construction.
(15) When proposed new construction and substantial improvements are located in
multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood
elevations, the entire structure shall meet the standards for the most hazardous flood hazard
risk zone and the highest base flood elevation.
Sec. 54-48. Specific standards.
In all A-zones where base flood elevation data have been provided (zones AE, Al-30, A
(with base flood elevation), and AH), as set forth in section 54-37, the following provisions, in
addition to those set forth in sections 54-47 and 54-49, shall apply:
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(1) Residential construction.
(a) All new construction and substantial improvement of any residential
building (including manufactured homes) shall have the lowest floor, including
basement, elevated to no lower than Zere feet above the base flood
elevation. Should solid foundation perimeter walls be used to elevate a
structure, there must be a minimum of two openings on different sides of
each enclosed area sufficient to facilitate automatic equalization of flood
hydrostatic forces in accordance with standards of subsection 54-48(3).
�_a}Lbj The lowest floor of an addition to the nonsubstantial improvement of a
residential structure shall be elevated to no lower than aeFe feet above
the existing lowest finished floor elevation.
(2) Nonresidential construction.
(a) All new construction and substantial improvement of any commercial,
industrial, or nonresidential building (including manufactured homes) shall
have the lowest floor, including basement, elevated to no lower than the base
flood elevation. All buildings located in A-zones may be floodproofed, in lieu
of being elevated, provided that all areas of the building components,
together with attendant utilities and sanitary facilities, below the base flood
elevation plus one foot are watertight with walls substantially impermeable to
the passage of water, and use structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A
registered professional engineer or architect shall certify that the standards of
this subsection are satisfied using the FEMA floodproofing certificate. Such
certification along with the corresponding engineering data, and the
operational and maintenance plans shall be provided to the floodplain
administrator.
{a}LbIThe lowest floor of an addition to the nonsubstantial improvement of a
commercial structure shall be elevated to no lower than
the existing lowest finished floor elevation.
(6) Standards for waterways with established base flood elevations, but without
regulatory floodways. Located within the areas of special flood hazard established in
section 54-36-54-37, where streams exist for which base flood elevation data has been
provided by the Fed Fal CmcFgeRGY Management AgeRG/ FEMA without the delineation
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of the regulatory floodway (zones AE and Al-30), the following provisions, in addition to
those set forth in subsections 54-48(1) through (5), shall apply:
(a) Until a regulatory floodway is designated, no new construction,
substantial improvements, or other development including fill shall be
permitted within the areas of special flood hazard, unless it is
demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development will
not increase the water surface elevation of the base flood more than one
foot at any point within the community.
(b) Development activities which increase the water surface elevation of the
base flood by more than one foot may be allowed, provided that the
developer or applicant first applies, with the community's endorsement,
for a conditional FIRM revision, and receives the approval of the Cederal
F=Fner„eRGY ManagemeRt AgeAGY (FEMA}.
(8) (Seaward structures.} For all structures located seaward of the coastal
construction control line (CCCL), the lowest floor of all new construction and substantial
improvements shall be elevated to no lower than the 100-year flood elevation
established by the Florida Department of Environmental Protection or by FEMA in
accordance with section 54-37, whichever is higher. All nonelevation design
requirements of section 54-48-54-51 shall apply.
Sec. 54-49. Specific standards for A-zones without base flood elevations and regulatory
floodways.
Located within the areas of special flood hazard established in section 54-37, where
there exist A-zones for which no base flood elevation data and regulatory floodway have been
provided or designated by the FedeFal CmeFgennv MaRagemeRt_Agel;Gy FEMA, the following
provisions shall apply:
(1) Require standards of section 54-47.
(2) Require that all new subdivision proposals and other proposed developments
(including proposals for manufactured home parks and subdivisions) greater than 50 lots
or five acres, whichever is the lesser, include within such proposals base flood elevation
data. Standards set forth in section 54-48 shall apply.
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(3) The building diFeGteF nr hie/heF de6ignoo floodplain administrator shall obtain,
review, and reasonably utilize any base flood elevation and floodway data available from
a federal, State of Florida, or any other source, in order to administer the provisions of
this article. When such data is utilized, provisions of section 54-48 shall apply. The
h,iildiRg direGtGF OF his/hc,T floodplain administrator shall:
(a) Obtain the elevation (in relation to the mean sea level) of the lowest floor
(including the basement) of all new and substantially improved structures,
(b) Obtain, if the structure has been floodproofed in accordance with the
requirements of subsection 54-48(2), the elevation in relation to the mean
sea level to which the structure has been floodproofed, and
(c) Maintain a record of all such information.
(4) Notify, in riverine situations, adjacent communities, the Florida Department of
Community Affairs — NFIP Coordinating Office, and the
nn,,,,geMeRt 906triGt SFWMD prior to any alteration or relocation of a watercourse, and
submit copies of such notifications to FEMA.
(5) Assure that the flood-carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(6) Manufactured homes shall be installed using methods and practices that
minimize flood damage. They must be elevated and anchored to prevent flotation,
collapse, and lateral movement. Methods of anchoring may include, but are not limited
to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to
applicable State of Florida and local anchoring requirement for resisting wind forces.
(7) When the data is not available from any source, in accordance with standards set
forth in subsection 54-49(2) of this section, the lowest floor of the structure shall be
elevated to no lower than three feet above the highest adjacent grade. Standards set
forth in section 54-48 shall apply.
Sec. 54-50. Stan aFe-1- imr Ar'1 zen+es. Reserved.
flood depths Of GRe te thFee feet, wheFe a GleaFly defwF;ed GhaRRel does F;et exist aF;d the path ef
dffivnsieR 4, seGti9R 54 47, apply,
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ianent gFade at least as high a6 the depth n,,FAheF 6pes nisi-) in feet GR the flood
,
shalk .
(a) Have the lowest flnnr, innl,,i-deRg basement, elevated above the highe6i
adjaaG nt grade at least as high as the depth number snenifiei^ in feet nn
the flee d ins,,rani+e rate Fnap. If nn fl9Gd Fdept•hTnu her is c nenified, the
In\elest flnnr, ini+l,sling has emeRt, shall he elevated to at least two feet
above the highest adjaGeRt gFade, 9
(b) Tegetth`withatten�daar+� utility and sanitanaanilit es be nmmple ely
fleedpFeefead to no le66 than ene feet above that level to meet the
(4) Fully eRG196ed areas belew the lowest floeF that are subjert t9 ftediRq shall Meet
the RORel�• de6igR ,,ir en+s of-G4-QGtiGR 54-49
Sec. 54-51. Standards for coastal high hazard areas (V-zones).
Located within areas of special flood hazard established in section 54-37 are coastal
high hazard areas, designated as zones V1—V30, VE, or V (with BFE). The following provisions
shall apply:
(1) Meet the standards of section 54-45, and sections 54-47, 54-48 (except 54-
48(7)),.and 54-49-, and 54-5G
(2) All new construction and substantial improvements in zones V1—V30, VE, and V
(with BFE) shall be elevated on pilings or columns so that:
(a) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to no lower than the base
flood elevation whether or not the structure contains a basement; and
(b) The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse, and lateral movement due to the effects of
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wind and water loads acting simultaneously on all building components.
Water loading will be those values associated with the base flood. Wind
loading values will be those required by applicable State of Florida or
local, if more stringent than those of the State of Florida, building
standards.
(c) For all structures located seaward of the coastal construction control line
(CCCL), the bottom of the lowest horizontal structural member of the
lowest floor of all new construction and substantial improvements shall be
elevated to the 100-year flood elevation established by the Florida
Department of Environmental Protection or the base flood elevation,
whichever is the higher.
(3) A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions of this section.
(4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings and columns)
of all new and substantially improved structures. The floodplain administrator
shall maintain a record of all such information.
(5) All new construction and substantial improvements shall be located landward of
the reach of mean high tide.
(6) Provide that all new construction and substantial improvements have the space
below the lowest floor either free of obstruction or constructed with nonsupporting
breakaway walls, open wood lattice-work, or insect screening intended to
collapse under wind and water loads without causing collapse, displacement, or
other structural damage to the elevated portion of the building or supporting
foundation system. For the purpose of this section, a breakaway wall shall have a
design safe loading resistance of not less than ten and no more than 20 pounds
per square foot. Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so required by
State of Florida or local codes) may be permitted only if a registered professional
engineer or architect certifies that the designs proposed meet the following
conditions:
(a) Breakaway wall collapse shall result from water load less than that which
would occur during the base flood; and
(b) The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage
in and water loads actin simultaneous) on all
due to the effects of wind a g y
building components (structural and nonstructural). The water loading
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shall be those values associated with the base flood. The wind loading
values shall be those required by applicable Florida or local, if more
stringent than those of the State of Florida, building standards.
(c) Such enclosed space shall be useable solely for parking of vehicles,
building access, or storage. Such space shall not be finished, partitioned
into multiple rooms, or temperature-controlled.
(7) Prohibit the use of fill for structural support. No development permit shall be
issued for development involving fill in coastal high hazard areas unless it has
been demonstrated through appropriate engineering analyses that the subject fill
does not cause any adverse impacts to the structure on site or other properties.
(8) Prohibit manmade alteration of sand dunes and mangrove stands that would
increase potential flood damage.
(9) Standards for manufactured homes.
(a) All manufactured homes to be placed or substantially improved on sites:
(i) outside a manufactured home park or subdivision, (ii) in a new
manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision in which a manufactured home
has incurred "substantial damage" as the result of a flood, must meet the
standards of subsections 54-51(2) through (8), or
(b) All manufactured homes placed or substantially improved on other sites in
an existing manufactured home park or subdivision shall meet the
requirements of subsection 54-48(4)(b).
(10) Recreational vehicles placed on sites within zones VE, V1—V30, V (with base
flood elevation) on the FIRM either:
(a) Be on the site for fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use (on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions); or
(c) Meet the requirements of subsections 54-51(2) through (8).
(d) Prohibit the placement of recreational vehicles, except in an existing
recreational vehicle park. Recreational vehicles placed on other sites in
an existing recreational park must be on site for fewer than 180
consecutive days and be fully licensed and ready for highway use (on its
wheels or jacking system, is attached to the site by quick disconnect type
utilities and security devices, and has no permanently attached additions).
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They shall also have a plan for removal in case of a threat at least four
hours prior to the arrival of the threat.
(11) For all structures located seaward of the coastal construction control line (CCCL),
the bottom of the lowest horizontal structural member of the lowest floor of all
new construction and substantial improvements shall be elevated to the flood
elevation established by the Florida Department of Environmental Protection or
the base flood elevation, whichever is higher. All nonelevation design
requirements subsections 54-51(2) through (10) shall apply.
(12) When fill is proposed, in accordance with the permit issued by the Florida
Department of Health, in coastal high hazard areas, the development permit shall
be issued only upon demonstration by appropriate engineering analyses that the
proposed fill will not increase the water surface elevation of the base flood nor
cause any adverse impacts to the structure on site or other properties by wave
ramping or deflection.
SECTION 5.
That Division 5 of Article II of chapter 54 of the Code of the City of Miami Beach is
hereby amended as follows:
DIVISION 5. Variance Procedures
Sec. 54-52. Designation of variance and appeals board.
The city's floodplain management board shall hear and decide appeals and requests for
variances from the requirements of this article.
Sec. 54-53. Duties of variance and appeals board.
The board shall hear and decide appeals when it is alleged an error in any requirement,
decision, or determination is made by the b iildiRg direr ter .,r his/her deSegRee floodplain
administrator in the enforcement or administration of this article. Any person aggrieved by the
decision of the board may appeal such decision to the circuit court by petition for writ of
certiorari according to the rules of appellate procedure.
Sec. 54-54. Variance procedures.
In acting upon such applications, the city's floodplain management board shall consider
all technical evaluations, all relevant factors, standards specified in other sections of this article,
and
(1) The danger that materials may be swept onto other lands to the injury of others;
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(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner,
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage,
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment of transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
and
(11) 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.
Sec. 54-55. Conditions for variances.
(1) Variances shall only be issued when there is:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in
exceptional hardship; and
(c) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public expense, create nuisance,
cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary deviation from the requirements of this article.
(3) The WildiRg deFe `teF or his/heGrdsig floodplain administrator shall maintain
the records of all variance actions, including justification for their issuance or
denial, and report such variances iR the NFIR hiennial T rt .,r upon
16
I
request to FEMA and the State of Florida, Department of Economic
Opportunity-Affa4s, NFIP coordinating office.
(4) Applicant shall take all necessary steps to have a building permit issued by the
building department within a period of 18 months from the date of issued
variance or it shall become null and void.
Sec. 54-56. Variance notification.
Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood
elevation will result in increased premium rates for flood insurance up to amounts
as high as $25.00 for$100.00 of insurance coverage, and
(2) Such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the building diFeGtnr „r 186/heF desigR
floodplain administrator in the office of the clerk of court and shall be recorded in a manner so
that it appears in the chain of title of the affected parcel of land.
Sec. 54-57. Historic structures.
Variances may be issued for the repair or rehabilitation of "historic" structures, meeting
the definition in this article, upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as a "historic" structure and the variance is
the minimum to preserve the historic character and design of the structure.
Sec. 54-58. Structures in regulatory floodway.
Variances shall not be issued within any designated floodway if any impact in flood
conditions or increase in flood levels during the base flood discharge would result.
SECTION 6. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 7. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
17
SECTION 8. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect the v26 day of OC laso— , 2013.
PASSED and ADOPTED this day of 676 2013.
ATTEST:
'_ A I HERRE B 6WER
AYOR
RA AEL E. GRANADO, I ATED
Underline denotes additio ''�` iYotes deletions
(Sponsored by Mayor Mattier �
APPROVED AS TO
FORM&LANGUAGE .
&AYRCUTION
CUT
R
C:\Users\attocabs\Documents\Floodplain Management Amending Chapter 54 FINAL 8-30-13.docx
18
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying the City's Flood Plain Management
Ordinance to incorporate minor changes recommended by FEMA.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data(Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summary/Recommendation:
SECOND READING
The proposed Amendments to Chapter 54 represent minor "clean--up" provisions recommended by
FEMA, or clarifications to the Ordinance to be consistent with the Florida Building Code and Flood
Insurance Regulations.
The Administration recommends that the City Commission approve the Ordinance on Second
Reading.
Advisory Board Recommendation:
Both the Flood Plain Management Board and the Historic Preservation Board were presented
versions of this Ordinance that included language exempting Historic properties from the City's
variance procedures. Those provisions are not found in this version of the Ordinance. Staff has
separated that controversial item and on this same agenda is the subject of a request by staff for a
referral to the Land Use and Development Committee. The Historic Preservation Board unanimously
supported the Ordinance as it was presented to them, the FPMB unanimously opposed the
Ordinance at that time. The current version of the Ordinance proposes no change with regard to
variance procedures, and therefore is made up entire) of"clean-up" language.
Financial Information:
Source of Amount Account
Funds:
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. As the Amendment to the Ordinance is primarily a "clean-up" per the
recommendations of FEMA, there is no financial impact.
City Clerk's Office Legislative Tracking:
Mariano Fernandez
Sign-Offs:
D Director ssista City Manager City Manager
T:\AGENDA\2013\September11\Flood Ordinance Am ent-SUM 1st ad.docx
/� AM AGENDA ITEM R!�H
�r SATE 1
MAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me bers of t e City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SUBJECT: AN ORDINANCE OF THE MA R AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLOR DA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 54, ENTITLED
"FLOODS," BY AMENDING ARTICLE II, ENTITLED i6FLOODPLAIN
MANAGEMENT," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 54-35, ENTITLED
"DEFINITIONS" BY AMENDING AND DELETING CERTAIN
DEFINITIONS THEREIN; BY AMENDING DIVISION 2, ENTITLED
"GENERAL PROVISIONS," BY AMENDING SECTION 54-38,
ENTITLED "DESIGNATION OF FLOODPLAIN ADMINISTRATOR" TO
DESIGNATE THE BUILDING OFFICIAL, INSTEAD OF THE
BUILDING DIRECTOR, AS THE FLOODPLAIN ADMINISTRATOR;
BY AMENDING DIVISION 3, ENTITLED "ADMINISTRATION," BY
AMENDING SECTION 54-45, ENTITLED 66PERMIT PROCEDURES"
AND SECTION 54-46, ENTITLED 66DUTIES AND RESPONSIBILITIES
OF THE BUILDING DIRECTOR OR DESIGNEE" TO CHANGE ALL
BUILDING DIRECTOR REFERENCES THEREIN TO THE
FLOODPLAIN ADMINISTRATOR; AMENDING DIVISION 4,
ENTITLED "PROVISIONS FOR FLOOD HAZARD REDUCTION"; BY
AMENDING SECTION 54-47, ENTITLED "GENERAL STANDARDS,"
SECTION 54-48, ENTITLED "SPECIFIC STANDARDS," AND
SECTION 5449, ENTITLED ``SPECIFIC STANDARDS FOR A-ZONES
WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY
FLOODWAYS99 TO MODIFY CERTAIN FLOOD HAZARD
REDUCTION PROVISIONS; BY DELETING THE PROVISIONS IN
SECTION 54-50, ENTITLED 66STANDARDS FOR A-O ZONES"; BY
AMENDING DIVISION 5, ENTITLED 66VARIANCE PROCEDURES,"
TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN
TO THE FLOODPLAIN ADMINISTRATOR; PROVIDING NON-
SUBSTANTIVE, CLERICAL REVISIONS THROUGHOUT ARTICLE II
OF CHAPTER 54; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Commission Memo Re Amendment of Chapter 54, "Floods"
October 16, 2013
Page 2 of 3
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of the proposed amendments to Chapter 54,
"Floods".
BACKGROUND
In August 2012, the City of Miami Beach received a Community Assistance Visit
"CAV" from the Federal Emergency Management Agency's ("FEMA") National Flood
( ) 9 Y
Insurance Program ("NFIP"). These visits are routine, and occur approximately every
five years. The purpose of the visit was to evaluate the effectiveness of floodplain
management and other programs the City implements to reduce the impacts of flooding.
On December 20, 2012, FEMA prepared a summary report of its findings from this visit
and provided it in a letter of that date to Mayor Matti,Herrera Bower ("Exhibit 1"). While
most of the findings were in the nature of items that staff could respond to directly, the
letter included recommended changes to Chapter 54, "Floods", of the City of Miami
Beach's Code of Ordinances in an attached "Table 1". Through subsequent
communications with the agency, some additional proposed amendments were
suggested. The purpose of this Ordinance Amendment is to incorporate FEMA's
proposed changes into Chapter 54, as well as other minor changes proposed by staff.
In all instances, the changes are minor, with little or no impact to the public, and
constitute "cleanup" language.
ANALYSIS
The proposed revisions to Chapter 54 are primarily minor in nature and do not change
the applicability or underlying impact of the Floodplain Ordinance on the community.
These changes are clearly delineated in "Exhibit 2", which is the proposed Amended
Ordinance, with changes presented in strike through/underline format. Throughout the
Chapter, references to the Building Director have been changed to "Floodplain
Administrator". Other changes include elimination of obsolete terminology or references
to obsolete agencies, elimination of inapplicable language, correction of scrivener's
errors from previous versions, new or revised definitions that FEMA considers
important, and clarifications to ensure consistency with the Florida Building Code and
NFIP requirements.
It is important to note that FEMA recommended that the City change the definition of
"Substantial Improvement" in Section 54-35, by eliminating a sentence that reads as
follows: "This term does not include any alteration on an existing historic structure,
provided that the alteration will not preclude the structure's continued designation as a
historic structure." The City Attorney's Office had also recommended the elimination of
this language to avoid the impression that historic structures are exempt from FEMA's
regulations when in fact there are provisions later in the Ordinance that require historic
structures to obtain variances. Unfortunately, the two City Boards involved in this issue
take positions that are diametrically opposed. The Historic Preservation Board voted
unanimously in support of a version of the Ordinance that eliminated the requirement for
variances for historic structures. The Flood Plain Management Board (FPMB), the entity
that hears these variance requests, voted unanimously against eliminating the variance
requirement for historic structures.
Commission Memo Re Amendment of Chapter 54, "Floods"
October 16, 2013
Page 3 of 3
Because of the nature and complexities of the issues related to the variance process for
historic structures, and the need to meet a September deadline for a first reading of
these Ordinance amendments by FEMA, staff is now presenting the Ordinance to the
City Commission with absolutely no changes to variance procedure provisions. By a
separate agenda item on this agenda, staff is requesting that the issue of variances for
historic structures be referred to the Land Use and Development Committee for
discussion and recommendation at a later date. The Ordinance before the Commission
now consists of clean-up language as recommended by FEMA, staff and the City
Attorney's Office, and as itemized in Exhibit 3.
FIVE YEAR FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term
economic impact (at least 5 years) of this proposed legislative action. As the
Amendment to the Ordinance is primarily a "clean-up" per the recommendations of
FEMA, there is no financial impact.
CONCLUSION
The Administration recommends that the City Commission adopt the attached Ordinance
amend i hapter 54, "Floods" on Second Reading.
JLM/JJ/MV
Attachments
T:\AGENDA\2013\Sept11\Flood Ordinance Amendment-Memo.docx
r
Exhibit 1
U.S.Department of Homeland Security ;
Region IV
3003 Chamblee'1iicker Road j
Atlanta,Ga 30341
oe4r
w fi FEMA
�AlgND S�G��
December 20,2012
The Honorable Matti Herrera Bower
Mayor,City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139.
Reference: National Flood Insurance Program(NFIP)Community Assistance Visit(CAV)
Report of Findings
Dear Mayor Bower: '
This is to provide you with the findings of the CAV conducted by the Federal Emergency
Management Agency(FEMA)during August 21-23,2012. The purpose of this visit was to
evaluate the effectiveness of flo dplain management and other programs the City implements to
eliminate or reduce potm ial loss of lives and property damage caused by flooding as part of the i
City's participation in the NFIP. We appreciate the assistance,cooperation,professionalism,and
hospitality of Mr.Mohsen Jarahpour,Chief Building Inspector,during this visit.
We commend the City for implementing more stringent development requirements in its
floodplain management program. The City has achieved a Class 6 rating in the NFIP's
I
Community Rating System Program effective May 1,2012. As a result,the flood insurance
policy holders in areas of special flood hazard in the City receive 20%discount in their flood
insurance premiums;resulting in an annual savings of over$3.4 million. f
We have reviewed the following as a part of the CAV:
Floodplain mana.�ement regulations
The City's floodplain management regulations are contained in Article II of Chapter 54 of its
code of ordinances. A detailed review of these regulations revealed some shortcomings,which
are described in Table 1 (enclosed). It is important that the City correct these shortcomings. I
Please provide us with a revised ordinance correcting these shortcomings by March 1,2013.
Development permit procedures in the Special Flood Hazard Areas(SFFIAAs)
We have reviewed the City's Building Department Policies and Procedures Manual,dated June
28,2011,prepared by JRD&Associates,Inc. This manual did not appear to have any
www.fema.gov
e
4
Mayor Bower
Page 2
information on floodplain management program of the City(e.g.determination of flood zone and
the base flood elevation,substantial improvement,substantial damage). We strongly encourage
you to integrate the floodplain management aspects also into this manual.
Elevation Certificates
We have reviewed a total of 26 elevation certificates. We commend you for the capabilities and
diligence of your staff in reviewing the elevation certificates as we have found only three minor
issues with them. These are:
1. 230 W.Rivo Alto Drive—Longitude needs to be "West"or"negative";
2. 5245 Pinetree Drive—Longitude needs to be"West"or"negative";and
3. 6396 N.Bay Road—Description of machinery/equipment in Section D missing.
Please have your staff coordinate with the respective Professional Surveyor and Mappers in
correcting these minor shortcomings for your record keeping. j
Engineered flood openings for floodprone enclosures in A-Zones
Three structures are provided with engineered flood_ openings to automatically equalize flood
hydrostatic forces on walls. However,certification by Florida licensed professional engineer is
not obtained. Please provide us with these certifications for the following structures by March
29,2013:
I
1. 230 W.Rivo Alto Drive;
2. 354 Washington Avenue;and
3. 226 Palm Avenue.
Variance
The City gr anted a variance to the elevation requirement of its floodplain management
regulations to the single-family residential structure located at 4245 N.Meridian Avenue with
certain conditions attached. The documentation indicates that this is a designated historic
structure on the City's inventory of historic places. However,as the City's regulations as well as
those of the NFIP require, a review of proposed alterations and/or improvements and
determination that such changes did not preclude this structure's continued designation as a
historic structure is not maintained. Please provide us with this documentation by March 1,
2013.
.Review-and determination of-potential"substantial-damage" �
Flood insurance claims data for the City of Miami Beach indicates that$22,169,572 was paid for
825 losses. There were 12 claims that were categorized as"substantial damage"claims. !
i
I
Mayor Bower
Page 3
The entire claims data for 825 losses was provided to the City during the visit. However,Table 3
(enclosed)includes only 75 Structures for which the least amount of claim paid exceeded
$75,000. Please provide us with the City's review and determination for potential substantial
damage or substantial improvements,when further improvements were made in addition to
repairing the damage that the structures sustained,with supporting documentation by March 29,
2013.
Submit-for-rate structures
Submit-for-rate structures are those that were deemed,through the flood insurance rating
process,to have their lowest floor elevations located two or more feet below the base flood
elevation. These structures are described in Table 4(enclosed). Please investigate these
potential violations and provide us with your determinations with supporting documentation by
March 29,2013.
We appreciate your diligence in providing us with the requested documentation by the target
dates indicated. If you or your staff have any questions or require additional information,please
call Prasad Inmula at(770)220-8841 or e-mail,at Prasad.Inmula@fema.dhs.gov. +
Sincerely,
cam'J
Susan W.Wilson,CFM,Chief
Floodplain Management&Insurance Branch
Mitigation Division
j
Enclosures
Table 1
City of Miami Beach (Miami-Dade County), Florida
Flood lain Management Ordinance Review
Section Title Provision Revision
54-35 Definitions Addition Addition means any walled and roofed
expansion to the perimeter or height of a
building.
Existing construction Revise dates to September 29, 1972.
Existing manufactured Revise dates to September 29, 1972.
home park or
subdivision '
FBFM Delete.
FHBM Delete.
Floodplain management Add SFWMD to the list of standards.
regulations
New construction Revise dates to September 29, 1972. I
Repetitive loss(new) Repetitive loss structure means a building that j
has incurred flood-related damages on two !
occasions during a 10-year period ending on j
the date of the event for which a second claim
is made,in which the cost of repairing the
flood damage,on the average,equaled or
exceeded 25 percent of the market value of
the building at the time of each such flood
event.
Substantial Delete the last part of the definition related to
improvement a historic structure.
54-47 General 13 (b) Revise"Such"to"Such proposals".
i
standards
54-48 Specific (1) Delete"zero foot above".
standards
(1) (a) Revise to: "The lowest floor of a
nonsubstantial lateral addition to a residential
structure shall be elevated to no lower than the
lowest floor of the principal structure."
(2) (b) Revise to: "The lowest floor of a
nonsubstantial lateral addition to a
nonresidential structure shall be elevated or
-floodproofed to-no lower-than the lowest floor
of the principal structure."
(6) Revise"section 54-36 to section 54-37".
(8) Revise"section 54-48 to section 54-51".
54-49 (3) Revise"building director or his/her designee"
to"floodplain administrator".
54-50 (1) Delete"in all AO-zones".
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