92-2822 Ordinance
ORDINANCE NO.
92-2822
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 8, ENTITLED, "BUILDING REGULATIONS" BY
ADDITION OF ARTICLE II, ENTITLED "FLOOD PLAIN
MANAGEMENT": REGULATING DEVELOPMENT WITHIN
FLOOD HAZARD DISTRICTS: PROVIDING LEGISLATIVE
INTENT: PROVIDING FOR DEFINITIONS: PROVIDING
FOR MINIMUM REQUIREMENTS AND RESTRICTIONS FOR
DEVELOPMENT WITHIN DESIGNATED FLOOD ZONES:
PROVIDING PENALTIES FOR VIOLATIONS: PROVIDING
FOR APPEALS FROM DECISIONS OF THE BUILDING
OFFICIAL: PROVIDING FOR VARIANCES: PROVIDING
FOR CONFORMANCE WITH FEDERAL EMERGENCY
MANAGEMENT AGENCY DESIGNATIONS AND POLICIES:
PROVIDING FOR REPEALER: PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Federal Emergency Management Agency (FEMA) has
recently amended the Flood Insurance Rate Maps and has divided Dade
County into twenty-eight individual communities, and requires each
community to adopt its own Flood Plain Management Ordinance in
conformance with federal regulations for the National Flood
Insurance Program; and
WHEREAS, the adoption of this ordinance is necessary in order
to enable property owners within the City of Miami Beach to obtain
flood insurance under the National Flood Insurance Program.
BE IT ORDAINED BY THE CITY COMMISSION BY THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1.
ADDITION OF ARTICLE II TO MIAMI BEACH CITY CODE
CHAPTER 8.
That Miami Beach city Code Chapter 8, entitled "Building
Regulations" is hereby amended by addition of a new Article II, to
read as follows:
ARTICLE II. FLOOD PLAIN MANAGEMENT
Sec. 8-6. Statutory Authorization.
The legislature of the state of Florida has in Section 166.021 (3)
Florida statutes delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry.
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Sec. 8-7. Findings of Fact.
(a) The flood hazard areas of City of Miami Beach are
subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(b) These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood
heights and velocities, and by the occupancy in flood
hazard areas by uses vulnerable to floods or hazardous to
other lands which are inadequately elevated, flood-
proofed, or otherwise unprotected from flood damages.
Sec. 8-8. statement of Purpose.
It is the purpose of this ordinance to promote the public health,
safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to:
(a) restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood
heights or velocities;
(b) require that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(c) control the alteration of natural floodplains, stream
channels, and natural protective barriers which are
involved in the accommodation of flood waters;
(d) control filling, grading, dredging and other development
which may increase erosion or flood damage, and;
(e) prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other lands.
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Sec. 8-9. objectives.
The objectives of this ordinance are:
(a) to protect human life and health;
(b) to minimize expenditure of public money for costly flood
control projects;
(c) to minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
(d) to minimize prolonged business interruptions;
(e) to minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, street and bridges located in floodplains;
(f) to help maintain a stable tax base by providing for the
sound use and development of flood prone areas in such a
manner as to minimize flood blight areas, and;
(g) to insure that potential home buyers are notified that
property is in a flood ares.
Sec. 8-10. Definitions.
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance its most reasonable
application.
"Addition (to an existinq building)" means any walled and roofed
expansion to the perimeter of a building in which the addition is
connected by a common load-bearing wall other than a fire wall. Any
walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load-bearing walls is new
construction.
"Appeal" means a request for a review of the Building Official's
interpretation of any provision of this ordinance or a request for
a variance.
"Area of shallow floodinq" means a designated AO or VO Zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths
from one to three feet where a clearly defined channel does not
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exist,
where the path of flooding
is unpredictable and
indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain within
a community subject to a one percent or greater chance of flooding
in any given year.
"Base flood" means the flood having a one percent chance of being
equaled or exceeded in any given year.
"Basement" means that portion of a building having its floor
subgrade (below ground level) on all sides.
Breakaway wall" means a wall that is not part of the structural
support of the building and is intended. through its design and
construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or
the supporting foundation system.
"Bui1dinq" means any structure built for support, shelter, or
enclosure for any occupancy or storage.
"Coastal High Hazard Area" means an area of special flood hazard
extending from offshore to the inland limit of a primary frontal
dune along an open coast and any other area subj ect to high
velocity wave action from storms or seismic sources.
"Development" means any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavating,
drilling operations, or permanent storage of materials or
equipment.
"Elevated buildinq" means a non-basement building built to have the
lowest floor elevated above the ground level by means of fill,
solid foundation perimeter walls, pilings, columns (posts and
piers), shear walls, or breakaway walls.
"Existinq Construction" Any structure for which the "start of
construction" commenced before (the effective date of the first
floodplain management code, ordinance, or standard based upon
specific technical base flood elevation data which establishes the
area of special flood hazard) or (specific date).
,,--
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"Existinq 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 the
effective date of the floodplain management regulations adopted by
a community (before the effective date of the first floodplain
management code, ordinance, or standard based upon specific
technical base flood elevation data which established the area of
special flood hazard) or (specific date).
"Expansion to an existinq manufactured home park or subdivision"
means the preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the
pouring of concrete pads).
"Flood" or "floodinq" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
"Flood Hazard Boundary Map (FHBM) " means an official map of a
community, issued by the Federal Emergency Management Agency, where
the boundaries of the areas of special flood hazard have been
defined as Zone A.
"Flood Insurance Rate Map (Firm) " means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
"Flood Insurance studv" is the official provided by the Federal
Emergency Management Agency. The report contains flood profiles,
as well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
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"Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface
elevation more than one foot.
"Floor" means the top surface of and enclosed area in a building
(including basement), i.e., top of slab in concrete slab
construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for
parking vehicles.
"FunctionallY dependent facility" means a facility which cannot be
used for its intended purpose unless it is located or carried out
in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing facilities. The
term does not include long-term storage, manufacture, sales, or
service facilities.
"Hiqhest ad; acent qrade" means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls
of a building.
"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:
b. Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical
significance of a registered historic district or a
district preliminarily determined by the Secretary to
qualify as a registered historic district:
c. Individually listed on a state inventory of historic
places in states with historic preservation programs
which have been approved by the Secretary of the
Interior; or
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d. Individually listed on a local inventory of historic
places in communities with historic preservation programs
that have been certified either:
1. By an approved state program as determined by the
Secretary of the Interior, or
2. Directly by the Secretary of the Interior in states
without approved programs.
"Manqrove stand" means an assemblage of mangrove trees which is
mostly low trees noted for a copious development of interlacing
adventitious roots above the ground and which contain one or more
of the following species: black mangrove (Avicennia nitidal; red
mangrove (Rhizophora mangele); white mangrove (Lonquncular-
iaracemosa); and buttonwood (Conocarpus erecta).
"Manufactured home" means a building, transportable in one or more
sections, which is built on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities. The term also includes park trailers, travel
trailers, and similar transportable structures placed on a site for
180 consecutive days or longer and intended to be improved
property.
"Mean Sea Level" means the average height of the sea for all stages
of the tide. It is used as a reference for establishing various
elevations within the floodplain. For purposes of this ordinance,
the term is synonymous with national Geodetic Vertical Datum
(NGVD) .
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is
a vertical control used as a reference for establishing varying
elevations within the floodplain.
New construction" Any structure for which the "start of
construction" commenced after (the effective date of the first
floodplain management code, ordinance, or standard based upon
specific technical base flood elevation data which establishes the
area of special flood hazard.) or (specific date). The term also
includes any subsequent improvements to such structure.
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"New 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 on or after the effective
date of floodplain management regulations adopted by a community.
"Primarv frontal dune" means a continuous or nearly continuous
mound or ridge of sand with relatively steep seaward and landward
slopes immediately landward and adjacent to the beach and subject
to erosion and overtopping from high tides and waves during major
coastal storms. The inland limit of the primary frontal dune
occurs at the point where there is a distinct change from a
relatively steep slope to a relatively mild slope.
"Recreational vehicle" means a vehicle which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest
horizontal projection;
c. designed to be self-propelled or permanently towable by
a light duty truck; and
d. designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational,
camping, travel, or seasonal use.
"Reference feature" is the receding edge of a bluff or eroding
frontal dune, or if such a feature is not present, the normal
highwater line or the seaward line of permanent vegetation if a
highwater line cannot be identified.
"Sand dunes" means naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
"60-vear setback" means a distance equal to 60 times the average
annual long term recession rate at a site, measured from the
reference feature.
"start of construction" (for other than new construction or
substantial improvements under the Coastal Barrier Resources Act
(P. L. 97-348)), includes substantial improvement, and means the
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date the building permit was issued, provided the actual start of
construction, repair, reconstruction, or improvement was within 180
days of the permit date. The actual start means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond
the stage of excavation or the placement of a manufactured home on
a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main building. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
"structure" means a walled and roofed building that is principally
above ground, a manufactured home, a gas or liquid storage tank, or
other man-made facilities or infrastructures.
"Substantial damaqe" 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.
"Substantial improvement" means any combination of repairs,
reconstruction, alteration, or improvements to a building, taking
place during (the life of a building) (a ten (10) year period), in
which the cumulative cost equals or exceeds fifty percent of the
market value of the building. The market value of the building
should be (1) the appraised value of the building prior to the
start of the initial repair or improvement, or (2) in the case of
damage, the value of the building prior to the damage occurring.
This term includes structures which have incurred "substantial
damage", regardless of the actual repair work performed. For the
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purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the
building. The term does not, however, include any proj ect for
improvement of a building required to comply with existing health,
sanitary, or safety code specifications which have been identified
by the Code Enforcement Official and which are solely necessary to
assure safe living conditions.
"SubstantiallY improved existinq manufactured home parks or
subdivisions" is where the repair, reconstruction, rehabilitation
or improvement of the streets, utilities and pads equals or exceeds
50 percent of the value of the streets, utilities and pads before
the repair, reconstruction or improvement commenced.
"30-year setback" means a distance equal to 30 times the average
annual long term recession rate at a site, measured from the
reference feature.
"variance" is a grant of rel ief from the requirements of this
ordinance which permits construction in a manner otherwise
prohibited by this ordinance where specific enforcement would
result in unnecessary hardship.
"Zone of imminent collapse" means an area subject to erosion
adjacent to the shoreline of an ocean, bay, or lake and within a
distance equal to 10 feet plus 5 times the average annual long-term
erosion rate for the site, measured from the reference feature.
Sec. 8-11. General provisions.
(a) Lands to which this article applies.
This article shall apply to all areas of special flood hazard
within the jurisdiction of city of Miami Beach.
(b) Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal
Emergency Management Agency in its National Flood Insurance study,
dated November 4, 1987 with accompanying maps and other supporting
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data, and any revision thereto, are adopted by reference and
declared to be a part of this ordinance.
(c) Establishment of development permit.
A Development Permit shall be required in conformance with the
provision of this ordinance prior to the commencement of any
development activities.
(d) Compliance required.
No structure or land shall hereafter be located, extended,
converted or structurally altered without full compliance with the
terms of this article and other applicable regulations.
(e) Abrogation and greater restrictions.
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(f) Interpretation.
In the interpretation and application of this ordinance all
provisions shall be:
(1) 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.
(g) Warning and disclaimer of liability.
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering consideration~ Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This ordinance shall not create
liability on the part of the city of Miami Beach or any officer or
employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made
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thereunder.
(h) Penalties for violation.
Any person who violates this ordinance or fails to comply with any
of its requirements shall, upon conviction thereof, be fined not
more than $500.00 or imprisoned for not more than 60 days. Each day
such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of Miami Beach from
taking such other lawful actions as are necessary to prevent or
remedy any violation.
Sec. 8-12. Administration.
(a) Designation of Building Official.
The Building Official is hereby appointed to administer and
implement the provisions of this article.
(b) Permit Procedures.
Application for a Development Permit shall be made to the Building
Official 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 or
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
non-residential building will be flood-proofed;
c Certificate from a registered professional engineer
or architect that the non-residential flood-proofed
building will meet the flood-proofing criteria in
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section 8-16, Subparagraph B(2) ;
d Description of the extent to which any watercourse
will be altered or relocated as result of proposed
development, and;
(2) Construction stage.
Provide a floor elevation or flood-proofing certification
after the lowest floor is completed, or instances where
the building is subject to the regulations applicable to
Coastal High Hazard Areas, after placement of the
horizontal structural members of the lowest floor.
Upon placement of the lowest floor, of flood-proofing by
whatever construction means, or upon placement of the
horizontal structural members of the lowest floor,
whichever is applicable, it shall be the duty of the
permit holder to submit to the Building Official a
certification of the elevation of the lowest floor,
flood-proofed elevation, or the elevation of the lowest
portion of the horizontal structural members of the
lowest floor, whichever is applicable, as built, in
relation to mean sea level. Said certification shall be
prepared by or under the direct supervision of a
registered land surveyor or professional engineer and
certified by same. When flood-proofing 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 Building Official
shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected
by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to
submit the surveyor failure to make said corrections
required hereby, shall be cause to issue a stop-work
order for the project.
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Sec. 8-13. Duties and responsibilities of the Buildinq Official.
Duties of the Building Official shall include, but not be limited
to:
(a) Review all development permits to assure that the permit
requirements of this ordinance have been satisfied;
(b) Advise permittee that additional federal or state permits
may be required, and if specific federal or state permit
requirements are known, require that copies of such
permits be provided and maintained on file with the
development permit.
(c) Notify adjacent communities and the Department of
Community Affairs prior to any alteration or relocation
of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
(d) Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood-
carrying capacity is not diminished.
(e) Verify and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement)
of all new or substantially improved buildings, in
accordance with section 8-12, Subparagraph B (2).
(f) Verify and record the actual elevation (in relation to
mean sea level) to which the new or substantially
improved buildings have been flood-proofed, in accordance
with Section 8-12, Subparagraph B (2).
(g) In Coastal Hazard Areas, certification shall be obtained
from a registered professional engineer or architect that
the building is designed and securely anchored to
adequately anchored pilings or columns in order to
withstand velocity waters and hurricane wave wash.
(h) In Coastal High Hazard Areas, the Building Official shall
review plans for adequacy of breakaway walls in
accordance with section 8-16, Subparagraph B (6) (h).
(i) When flood-proofing is utilized for a particular
building, the Building Official shall obtain
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certification from registered professional engineer or
architect, in accordance with Section 8-16, Subparagraph
B (2).
(j) Where interpretation is needed as to the exact location
of boundaries of the areas of special flood hazard (for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the Building
Official 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 section.
(k) When base flood elevation data or floodway data have not
been provided in accordance with section 8-11,
Subparagraph B, then the Building Official shall obtain,
review and reasonably utilize any base flood elevation
and floodway data available from a federal, state or
other source, in order to administer the provisions of
section 8-16.
(I) All records pertaining to the provisions of this
ordinance shall be maintained in the office of the
Building Official and shall be open for public
inspection.
Sec. 8-14. Appeals.
(a) The Flood Plain Management Board established by the City
of Miami Beach shall hear and decide appeals when it is
alleged that there is an error in any requirement,
decision or determination made by the Building Official
in the enforcement or administration of this ordinance.
Any person aggrieved by any action or decision of the
Building Official may appeal said decision by filing
within fifteen (15) days after the date of the action or
decision complained of, a written notice of appeal which
shall set forth concisely the action or decision appealed
from and the reasons or grounds for the appeal.
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(b) The Flood Plain Management Board shall set such appeal
for hearing at the earliest possible date, and cause
notice thereof to be served upon the appellant and the
Building Off icial. The Flood Plain Management Board
shall hear and consider all facts material to the appeal,
and render a decision promptly. The decision shall be in
writing and shall be promptly mailed to the appellant.
The Board may affirm, reverse or modify the action or
decision appealed from, provided that the Board shall not
take any action which conflicts with or nullifies any of
the provisions of this article. The words "action" and
"decision" as used herein shall not include the filing of
any action by the City of Miami Beach, in any court.
(c) The Board shall not have jurisdiction to reconsider the
subj ect matter of any appeal after its final
administrative determination for a period of six (6)
months from the date of the Board's final action, unless
the Board determines that
(1) there has been a material and substantial
change in the circumstances;
(2) there is newly discovered evidence which could
not have been discovered through the use of
due diligence prior to the original hearing
and which will probably change the result if a
rehearing is granted, or
(3) the Board has overlooked or failed to consider
something which renders the decision issued
erroneous.
The Building Official may reconsider at any time any action or
deicsion taken by him and therefore may modify such an action
or decision.
(d) The decision of the Board shall constitute final
administrative review and no hearing or reconsideration
shall be considered except as provided in paragraph (c)
above. Any person aggrieved by the decision of the Flood
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Plain Management Board may seek judicial review of such
decision in a court of competent jurisdiction pursuant to
the Florida Rules of Appellate Procedure.
Sec. 8-15. Variance Procedures.
(a) The Flood Plain Management Board as established by the
City of Miami Beach shall hear and decide requests for
variances from the requirements of this ordinance.
(b) The Board shall fix a reasonable time for the hearing of
the variance request after an application is complete, as
determined by the Building Official, and shall decide
same within a reasonable time. The decision of the Board
shall be in writing and shall be mailed promptly to the
applicant.
(c) In passing upon such applications, the Flood Plain
Management Board shall consider all technical
evaluations, all relevant factors, all standards
specified in other sections of this ordinance, and:
(1) the danger that materials may be swept onto other
lands to the injury of others:
(2) the danger to 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 of the facility to a waterfront
location, in the case of a functionally dependent
facility:
(6) the availability of alternative locations, not
subject to flooding or erosion damage, for the
proposed use:
(7) the compatibility of the proposed use with existing
and anticipated development:
(8) the relationship of the proposed use to the
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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 transport of the flood waters 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.
(d) Upon consideration of the factors listed above, and the
purposes of this ordinance, the Flood Plain Management
Board may attach such conditions to the granting of
variances as it deems necessary to further the purposes
of this ordinance.
(e) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
(f) Conditions for variances:
(1) Variances shall only be issued upon a determination
that the variance is the minimum necessary,
considering the flood hazard, to afford relief; and
in the instance of a historical building, a
determination that the variance is the minimum
necessary so as not to destroy the historic
character and design of the building;
(2) Variances shall only be issued upon (i) a showing of
good and sufficient cause, (ii) a determination that
failure to grant the variance would result in
exceptional hardship, and; (iii) a determination
that the granting of a variance will not result in
increased flood heights, additional threats to
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public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or
ordinances.
(3) Any applicant to whom a variance is granted shall be
given written notice specifying the difference
between the base flood elevation and the elevation
to which the building is to be built and stating
that the cost of flood insurance will be
commensurate with the increased risk resulting from
the reduced lowest floor elevation.
(4) The Building Official shall maintain the records of
all appeal actions and report any variances to the
Federal Emergency Management Agency upon request.
(g) Variances may be issued for the repair or rehabilitation
of historic structures (see definition) 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.
(h) The Board shall not have jurisdiction to reconsider the
subject matter of any appeal after its final
administrative determination for a period of six (6)
months from the date of the Board's final action, unless
the Board determines that
(1) there has been a material and substantial
change in the circumstances;
(2) there is newly discovered evidence which could
not have been discovered throught the use of
due diligence prior to the original hearing
and which will probably change the result if a
rehearing is granted, or
(3) the Board has overlooked or failed to consider
something which renders the decision issued
19
erroneous.
(i) The decision of the Flood Plain Management Board shall be
final and there shall be no further review thereof except
by resort to a court of competent jurisdiction pursuant
to the Florida Rules of Appellate Procedure.
Sec. 8-16. provisions for flood hazard reduction.
(a) General Standards.
In all areas of special flood hazard the following provisions are
required:
(1) New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral
movement of the structure;
(2) Manufactured homes shall be anchored to prevent
flotation, collapse, or 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 requirements for resisting wind forces.
(3) New construction and substantial improvements shall be
constructed with materials and utility equipment
resistant to flood damage;
(4) New construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
(5) Electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities
shall be designed and/or located so as to prevent water
from entering or accumulating within the components
during conditions of flooding.
(6) New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
water into the system;
20
(7) New and replacement sani tary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems
into flood waters;
(8) On-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination
from them during flooding, and;
(9) Any alteration, repair, reconstruction or improvements to
a building which is in compliance with the provisions of
this ordinance, shall meet the requirements of "new
construction" as contained in this ordinance.
(10) Any alteration, repair, reconstruction or improvements to
a building which is not in compliance with the provisions
of this ordinance, shall be und~rtaken only if said non-
conformity is not furthered, extended, or replaced.
(b) Specific Standards.
In all areas of special flood hazard where base flood elevation
data have been provided, as set forth in section 8-13, Subsection
B, or Article 4, section C (11), the following provisions are
required:
(1) Residential
Construction.
New
construction
or
substantial improvement of any residential building (or
manufactured home) shall have the lowest floor, including
basement elevated no lower than (0 feet) above the base
flood elevation. Should solid foundation perimeter walls
be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall
be provided in accordance with standards of Subsection
8-16, Subparagraph B (3).
(2) Non-Residential Construction. New construction or
substantial improvement of any commercial, industrial, or
non-residential building (or manufactured home) shall
have the lowest floor, including basement, elevated no
lower than (0 feet) above the level of the base flood
21
elevation. Buildings located in all A-zones may be flood-
proofed in lieu of being elevated provided that all areas
of the building below the required elevation are water
tight with walls substantially impermeable to the passage
of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such
certification shall be provided to the official as set
forth in section 8-13, subparagraph (i).
(3) Elevated Buildinqs. New construction or substantial
improvements of elevated buildings that include fully
enclosed areas formed by foundation and other exterior
walls below the base flood elevation shall be designed to
preclude finished living space and designed to allow for
the entry and exit of floodwaters to automatically
equalize hydrostatic flood forces on exterior walls.
a. Designs for complying with this requirement must
either be certified by a professional engineer or
architect or meet the following minimum criteria:
1. Provide a minimum of two openings having
a total net area of not less than one
square inch for every square foot of
enclosed area subject to flooding;
2. The bottom of all openings shall be no
higher than one foot above grade; and,
3. openings may be equipped with screens,
louvers , valves or other coverings or
devices provided they permit the
automatic flow of floodwaters in both
direction.
b. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment
22
used in connection with the premises (standard
exterior door) or entry to the living area (stairway
or elevator); and
c. The interior portion of such enclosed area shall not
be partitioned or finished into separate rooms.
(4) Standards for Manufactured Homes and Recreational
Vehicles.
a. All manufactured homes placed, or substantially
improved, on individual lots or parcels, in
expansions to existing manufactured home parks or
subdivisions, or in new manufactured home parks or
subdivisions, must meet all the requirements for new
construction, including elevation and anchoring.
b. All manufactured homes placed or substantially
improved in an existing manufactured home park or
subdivision must be elevated so that:
1. The lowest floor of the manufactured home
is elevated no lower than (0 feet) above
the level of the base flood elevation, or
2. The manufactured home chassis is supported
by reinforced piers or other foundation
elements of at least an equivalent
strength, of no less than 36 inches in
height above grade.
3 . The manufactured home must be securely
anchored to the adequately anchored
foundation system to resist flotation,
collapse and lateral movement.
4. In an existing manufactured home park or
subdivision on which a manufactured home
has incurred "substantial damage" as the
result of a flood, any manufactured home
placed or substantially improved must meet
the standards of section 8-16,
subparagraphs B(4)b.l and 3 above.
23
c. All recreational vehicles placed on sites must
either:
1. Be on site for fewer than 180 consecutive
days,
2. Be fully licensed and ready for highway
use, or
3. The recreational vehicle must meet all
the requirements for new construction,
including anchoring and elevation
requirements of section 8-16,
Subparagraphs B (4)a or b.1 and 3, above.
A recreational vehicle is ready for
highway use if it is 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
structures.
(S) Floodways. Located within areas of special flood
hazard established in section 8-11, Subparagraph B, are
areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and has
erosion potential, the following provisions shall apply:
a. Prohibit encroachments, including fill, new
construction, substantial improvements and other
developments unless certification (with supporting
technical data) by a registered professional
engineer is provided demonstrating that
encroachments shall not result in any increase in
flood levels during occurrence of the base flood
discharge;
b. If section 8-16, Subparagraph B(S)a is satisfied,
all new construction and substantial improvements
24
shall comply with all applicable flood hazard
reduction provisions of section 8-16.
c. Prohibit the placement of manufactured homes (mobile
homes), except in an existing manufactured homes
(mobile homes) park or subdivision. A replacement
manufactured home may be placed on a lot in an
existing manufactured home park or subdivision
provided the anchoring standards of Section 8-16,
Subparagraph (a) (2), and the encroachment standards
of section 8-16, Subparagraph (b) (5)a, are met.
(6) Coastal Hiqh Hazard areas (V Zones l . Located within
the areas of special flood hazard established in section
8-11, Subsection (b), are areas designated as Coastal
High Hazard areas. These areas have special flood
hazards associated with wave wash, therefore, the
following provisions shall apply:
a. All building shall be located west of the Beach Berm
and The Erosion Control Line.
b. All buildings shall be elevated so that the bottom
of the lowest supporting horizontal member
(excluding pilings or columns) is located no lower
than (0 feet) above the base flood elevation level,
with all space below the lowest supporting member
open so as not to impede the flow of water. Open
lattice work or decorative screening may be
permitted for aesthetic purposes only and must be
designed to wash away in the event of abnormal wave
action and in accordance with section 8-16,
Subparagraph (b) (6)h;
c. All buildings or structures shall be securely
anchored on pilings or columns;
d. All pile and column foundations and structures
attached thereto shall be anchored to resist
flotation, collapse, and lateral movement due to the
effect of wind and water loads acting simultaneously
25
on all building components. Water loading values
shall be in accordance with South Florida Building
Code, 1988 Edition.
e. A registered professional engineer or architect
shall certify that the design, specifications and
plans for construction are in compliance with the
provisions contained in Section 8-16, Subparagraphs
(b) (6)b, c and d of this ordinance.
f. There shall be no fill used as structural support.
Non-compacted fill may be used around the perimeter
of a building for landscaping/aesthetic purposes
provided the fill will wash out from storm surge,
(thereby rendering the building free of obstruction)
prior to generating excessive loading forces,
ramping effects, or wave deflection. The Building
Official shall approve design plans for
landscaping/aesthetic fill only after the applicant
has provided an analysis by an engineer, architect,
and/or soil scientist, which demonstrates that the
following factors have been fully considered:
1. Particle composition of fill material does
not have a tendency for excessive natural
compaction;
2. Volume and distribution of fill will not
cause wave defection to adjacent
properties; and
3. Slope of fill will not cause wave run-up
or ramping.
g. There shall be no alteration of sand dunes or
mangrove stands which would increase potential flood
damage;
h. Lattice work or decorative screening shall be
allowed below the base flood elevation provided they
are not part of the structural support of the
building nd are designed so as to breakaway, under
26
abnormally high tides or wave action, without damage
to the structural integrity of the building on which
they are to be used and provided the following
design specifications are met:
1. No solid walls shall be allowed, and;
2. Material shall consist of lattice or mesh
screening only.
i. If aesthetic lattice work or screening is utilized,
such enclosed space shall not be designed to be used
for human habitation, but shall be designed to be
used only for parking of vehicles, building access,
or limited storage of maintenance equipment used in
connection with the premises.
j. Prior to construction, plans for any buildings that
will have lattice work or decorative screening must
be submitted to the Building Official for approval:
k. Any alteration, repair, reconstruction or
improvement to a structure shall not enclose the
space below the lowest floor except with lattice
work or decorative screening, as provided for in
Section 8-16, Subparagraphs B(6) (h) and (i).
l. Prohibi t the placement of manufactured homes (mobile
homes), except in an existing manufactured homes
(mobile homes) park or subdivision. A replacement
manufactured home may be placed on a lot in an
existing manufactured home park or subdivision
provided the anchoring standards of Section 8-16,
Subparagraph (b) (6}e, and the elevation standards
of Section 8-16, Subparagraph (b) (6}b are met.
(7) STANDARDS FOR SUBDIVISION PROPOSALS:
a. All subdivision proposals shall be consistent with
the need to minimize flood damage;
b. All subdivision proposals shall have public
utilities and facilities such as sewer, gas,
electrical and water systems located and
27
electrical
and
water
systems
located
and
constructed to minimize flood damage;
c. All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood
hazards, and
d. Base flood elevation data shall be provided for
subdivision
proposals
and
other
proposed
development (including manufactured home parks and
subdivisions) which is greater than the lesser of
fifty lots or five acres.
SECTION 2.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3.
SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4.
EFFECTIVE DATE.
This ordinance shall take effect on the
12th
day of
December
, 1992.
PASSED and ADOPTED this
2nd day of
December
, 1992.
ATTEST:
~t:.~
CITY CLERK
1st reading 11/18/92
2nd reading 12/2/92
SUS:scf:flood'92.ord
FORM APPROVED
LEGAL DEPT.
By g c.y
28
Date 5~ .I~. f... r~