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ORDINANCE 2024 - (OZ -1
<br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
<br />FLORIDA, AMENDING SECTION 265-5, CHAPTER 265, ARTICLE II, OF THE CODE OF
<br />ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "DEFINITIONS," TO
<br />REVISE THE DEFINITION OF THE TERM "HEIGHT," AND INCORPRATING TERMS
<br />CONSISTENT WITH FEMA, NFIP, AND THE FLORIDA BUILDING CODE TO AMEND
<br />THE BASIS FOR BUILDING HEIGHT MEASUREMENT; PROVIDING FOR REPEALER,
<br />SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
<br />WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority
<br />to adopt regulations designed to promote the public health, safety, and general welfare of its
<br />citizenry; and
<br />WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special
<br />flood hazard areas within the boundaries of the City of Sunny Isles Beach and such areas may
<br />be subjected to periodic inundation, which may result in loss of life and property, health and
<br />safety, hazards, disruption of commerce and governmental services, extraordinary public
<br />expenditures for flood protection and relief, and impairment of the tax base, all of which
<br />adversely affect the public health, safety and general welfare; and
<br />WHEREAS, Chapter 553, Florida Statutes, provides a mechanism for the uniform
<br />adoption, updating, amendment, interpretation and enforcement of a state building code,
<br />called the Florida Building Code; and
<br />WHEREAS, the City of Sunny Isles Beach was accepted for participation in the National
<br />Flood Insurance Program (NFIP) on March 2, 1994; and
<br />WHEREAS, the latest Flood Insurance Rate Maps (FIRM) for the City were effected on
<br />September 11, 2009; and
<br />WHEREAS, the Florida Building Code was amended, effective December 31, 2023,
<br />requiring residential projects to provide an additional 12 inches above the minimum base flood
<br />elevation by the FIRM and NFIP; and
<br />WHEREAS, the City Commission has determined it is in the public interest to adopt the
<br />proposed ordinance, which is consistent and comports with the requirements of FEMA, NFIP,
<br />and the Florida Building Code; and
<br />WHEREAS, the City Commission has adopted the City's Comprehensive Plan, as well as
<br />the City's Land Development Code, which contain regulations for application to the
<br />development of land in the City; and
<br />WHEREAS, Objective 9 of the Coastal Management Element of the City's Comprehensive
<br />Plan is to "[e)mploy development and redevelopment principles and strategies, site
<br />development techniques, engineering solutions, and best practices to reduce flood damage risk,
<br />Section 265-5 — Definitions Page 1 of 6 158
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