2014-3840 Ordinance ORDINANCE NO. 20143840
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 THE DEFINITION OF "SUBSTANTIAL
IMPROVEMENT" TO APPLY TO IMPROVEMENTS TAKING PLACE
DURING A ONE YEAR PERIOD INSTEAD OF DURING A FIVE YEAR
PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City Administration has reviewed its Flood Plain Ordinance for potential
improvements to assist both homeowners and businesses that need to make substantial
improvements to their structures; and
WHEREAS, many property owners are severely constrained by the fact that the ,City
currently considers the last five years worth of improvements when determining whether those
improvements constitute substantial improvement; and
WHEREAS, the Federal Emergency Management Administration (FEMA) does not
require a certain time frame for a determination regarding when substantial improvement to a
structure occurs and other local governments define such period as within one year; and
WHEREAS, by reducing the time frame for consideration in the definition of "substantial
improvement" the City will be encouraging property owners to renovate historic and other types
of properties without fear of financially devastating consequences.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That the definition of "substantial improvement" in Section 54-35 of Division 1 of Article
II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows.
Other existing definitions in Section 54-35 are provided for reference purposes.
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.
Existing construction means, for the purposes of floodplain management, structures for
which "the start of construction" commenced before September 29, 1972. For the purposes of
determining rates, existing construction shall mean structures for which the "start of
construction" commenced before 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 September 29, 1972.
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
2
(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 September 29, 1972. The term also includes
any subsequent improvements to such structures. For flood insurance rates, structures for
which the start of construction commenced on or after 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.
Structure means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank that is principally above ground, as well as a manufactured
home.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred. This term also includes
"repetitive loss" structures as defined herein.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, taking place during a five one-year period, in which the cumulative
cost of which equals or exceeds 50 percent of the market value of the structure before the "start
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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. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITV.
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.
SECTION 4. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect the aeZ�day of Fe6rtta r
PASSED and ADOPTED this /a)% day of Fe brace r y , 2014.
ATTEST:
PHILIP LEVIN
RAFAEL E. GRANADO, CIT
Underline denotes addit °nd enotes deletions
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COMMISSION ITEM SUMMARY
Condensed Title:
SECOND READING/PUBLIC HEARING
Ordinance Amendment modifying the City's Flood Plain Management Ordinance to change the
definition of Substantial Improvement to include improvements over a one year period as opposed to a
five year period.
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/PUBLIC HEARING
The proposed Amendment to Chapter 54 represents only one change to the Flood Plain Management
Ordinance, Chapter 54, to change the definition of "substantial improvement to refer to those
improvements that took place during a one year period, as opposed to the current ordinance's
requirement of a five year period.
Advisory Board Recommendation:
None.
Financial Information:
Source of Amount Account
Funds: 1
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. The Amendment to the Ordinance will have no impact on the City's
finances..
City Clerk's Office Legislative Tracking:
Mariano Fernandez
Sign-Offs:
Department Director Asista City Manager City Manager
N `
T:\AGENDA\2013\Februaryl2\Flood Ordina�ceAme� nt-SUWnd,/,read.docx
AGENDA ITEM ��/OIAMIBEACH
� SATE
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMI SION MEMORANDUM
TO: Mayor Philip Levine and Members of the Cit Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 12, 2014
SUBJECT: 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 THE DEFINITION OF "SUBSTANTIAL IMPROVEMENT" TO
APPLY TO IMPROVEMENTS TAKING PLACE DURING A ONE YEAR
PERIOD INSTEAD OF DURING A FIVE YEAR PERIOD; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on second reading upon completion of Public Hearing.
BACKGROUND
The City Administration has reviewed its Flood Plain Ordinance for potential
improvements to assist both homeowners and businesses that need to make
substantial improvements to their structures. Chapter 54 currently requires that the
value of all improvements to a structure over the previous five years be aggregated,
and, if those improvements exceed 50% of the value of the building only (land value is
excluded), that building must meet all current Flood Ordinance Requirements, including
current elevation requirements. The requirements are covered by Chapter 54's
definition of "Substantial Improvement" by requiring a property be brought up to current
legal standards any time it is substantially approved. Over the years, many property
owners have complained that they feel severely constrained by this calculation method.
They say that the costs associated with bringing buildings up to current flood standards
is prohibitive, and acts as a deterrent to the renovation and improvement to structures
throughout the City.
It is important to note that the requirement to go back five years for the purpose
City Commission Memorandum-Flood Plain Ordinance Amendment
Page 2 of 2
of calculating the applicability of the "50% rule" is purely a function of Chapter 54 in the
City Code, and not a requirement of the Federal Emergency Management Association
(FEMA) or any other federal agency. In fact, the five year standard was only
implemented by the City in 2009 (previously it had been 10 years). Property owners go
to great lengths to ensure that the 50% rule does not apply to them, and many simply
forego making necessary improvements that would increase property values for our
residents, make properties safer, and improve neighborhood aesthetics.
CONCLUSION
For these reasons the City Administration recommends that the Mayor and Commission
adopt the Ordinance on second reading upon completion of a Public Hearing by
amending the definition of substantial improvement to include improvements that have
taken place during the previous one year period as opposed to a five year period.
ATTACHMENTS
Attachment A: Proposed Ordinance
JLM/JJ/MVF/SS
TAAGENDA\2014\February 12\floodamendmentsubstimpmemo.doc
16NE I THURSDAY,JANUARY 30,2014 NE MiamiHerald.com I MIAMI HERALD
MIAMABEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the following public hearings will be heard by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd Floor,City Hall,1700 Convention Center
Drive,Miami Beach,Florida,on Wednesday,February 12,2014:
10:10 a.m.—Single Family Development Regulations/An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And
Regulations,"Division 2,"RS-1,RS-2,RS-3,RS-4 Single-Family Residential Districts,"By Amending The Criteria And Procedures For The Review And Approval Of Single-Family Residential Construction,By Replacing The
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'*Single-Family Residential Review Panel,By Clarifying And Amending The Standards And Procures For Reviewing New Construction And Additions In Single Family Districts,Including Modifications To Lot Coverage,Unit Size
-And Overall Height,By Clarifying The Below Flood Level Construction Requirements For Affected.Properties In High Flood Zones,And By Clarifying Setback And Lot Coverage Requirements.Inquiries may be directed to the
Planning Department at 305-673-7550.
10:25 a.m.—Architecturally Significant Single Family Home Retention Incentives/An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning
Districts And Regulations,"Article II,"District Regulations,"Divi�(on 2,"Single-Family Residential Districts,"By Revising The Standards And Review Requirements For New Construction,Additions And Modifications To
Properties That Contain An Architecturally Significant Single Family Home Not Located Within A Designated Historic District:Inquiries maybe directed to the Planning Department at 305-673-7550.
10:40 a.m.—Alton Road Historic District Buffer Overlay/Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article III,"Overlay Districts,"Creating
Division 8"Alton Road-Historic District Buffer Overlay,"By Including Section 142-858"Location And Purpose,"And Section 142-859"Development Regulations,"Including Among Other Provisions Regulations On Maximum
Floor Area Ratio;Maximum Building Height;Minimum Setbacks;Building Separation;Demolition Or Additions To Contributing Buildings In An Historic District;And Land Use Regulations For Location Of Retail Uses,,Restaurants,
Bars,Entertainment Establishments,Alcoholic Beverage Establishments And Similar Uses;Requiring Conditional Use Approval,Of Such Uses In Excess Of)0,000 Sq.Ft.;And Prohibiting Alcoholic Beverage And Entertainment
Establishments In Open Areas With Exceptions As Prescribed In The Ordinance.Inquiries may be directed to the Planning Department at 305-673-7550.
10:55 a.m.—Mechanical Parking Systems/Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 130"Off-Street Parking,"Article II"Districts,Requirements,"Section 130-38,
"Mechanical And Robotic Parking Systems,"By Modifying The Requirements For Mechanical Parking Devices And Robotic Parking Systems.Inquiries maybe directed to the Planning Department at 305-673-7550.
11:05 a.m. Talmudic University-RM-2 Heights/Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations,"Article II,
"District Regulations,"Subdivision IV,"RM-2—Residential Multifamily,Medium Intensity,"Section 142-217,"Area Requirements,"To Modify The Requirements For Maximum Building Height And Maximum Number Of Stories
ithin The RM-2 District Along Alton Road Between Arthur Godfrey Road And West 34th Street.Inquiries may be directed to the Planning Department at 305-673-7550.
11:15 a.m.—Ordinance 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 The Definition Of"Substantial Improvement"To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period.Inquiries may
be directed to the Building Department at 305-673-7610.
11:25 a.m.—Ordinance Amending Chapter 2 Of The City Code,Entitled"Administration,"By Amending Article III,Entitled"Agencies,Boards And Committees"To Streamline The City's Boards By Expanding The Powers,Duties
And/or Membership Of Certain Agencies,Boards And Committees And Abolishing Those That Are Superseded By The Enhanced Agencies,Boards,And Committees.Inquiries maybe directed to the City Attorney's Office at
305-673-7470.
11:35 a.m.—No Wake Zone Ordinance/Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 66,Entitled"Marine Structures,Facilities And Vehicles,"By Amending Article II,Entitled"Restricted
Wake Zones,"By Amending Section 66-43,Entitled"Restricted Areas,"By Amending Subsection C Thereof Regarding The Slow Speed,Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On
The Appendix Thereto.Inquiries may be directed to the City Attorney's Office at 305-673-7470.
11:45 a.m.—Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled"Administration,"By Amending Article IV Entitled"Officers And Employees,"By Amending Section 2-191 Entitled"Enumeration Of
Organizational Units,"By Creating The Office Of Communications,Office Of Budget And Performance Improvement,Information Technology Department,Procurement Department,Tourism,Culture And Economic Development
Department,Planning Department,Office Of Housing And Community Development,And Office Of Capital Improvement Projects;Eliminating The Divisions Under Offices And Departments;And Further Providing Amendments
To The Names Of Certain Departments And Offices.Inquiries may be directed to the Human Resources Department at 305-673-7524.
11:55 a.m.—NIBERP For GSAF/Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement Between The City And The Government Supervisors Association Of Florida,OPEIU,Local 100(GSAF);
Amending The Miami Beach Employees'Retirement Plan Created By Ordinance 2006-3504;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(DROP)Program From Three(3)To Five
(5)Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional
Creditable Service For Certain Members:Amending Section 6.03 Requiring The City To Contribute At Least The Normal Cost To Pension Each Year,Requiring An Experience Study At Least Every Three(3)Years And Requiring
Five(5),Ten(10)And Twenty(20)Year Projections Of Required Pension Contributions As Part Of The Annual Actuarial Valuation.Inquiries may be directed to the Human Resources Department at 305-673-7524.
Dr.Stanley Sutnick Citizen's Forum—Pursuant to Resolution No.2013-28440,the times for the Dr.Stanley Sutnick Citizen's Forum have been changed to 8:30 a.m.and 1:00 p.m.,or as soon as possible thereafter.
Approximately thirty minutes will be allocated to each session,with individuals being limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed in order
to speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,111 Floor,
City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,1"Floor,City Hall,Miami Beach,
Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
Rafael E.Granado,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its-meeting or its hearing,
such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for
the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding,
please contact us five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
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