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Home My WebLink AboutOrdinance 2024-621ORDINANCE 2024 - (OZ -1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5, CHAPTER 265, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "DEFINITIONS," TO REVISE THE DEFINITION OF THE TERM "HEIGHT," AND INCORPRATING TERMS CONSISTENT WITH FEMA, NFIP, AND THE FLORIDA BUILDING CODE TO AMEND THE BASIS FOR BUILDING HEIGHT MEASUREMENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of the City of Sunny Isles Beach and such areas may be subjected to periodic inundation, which may result 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; and WHEREAS, Chapter 553, Florida Statutes, provides a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, the City of Sunny Isles Beach was accepted for participation in the National Flood Insurance Program (NFIP) on March 2, 1994; and WHEREAS, the latest Flood Insurance Rate Maps (FIRM) for the City were effected on September 11, 2009; and WHEREAS, the Florida Building Code was amended, effective December 31, 2023, requiring residential projects to provide an additional 12 inches above the minimum base flood elevation by the FIRM and NFIP; and WHEREAS, the City Commission has determined it is in the public interest to adopt the proposed ordinance, which is consistent and comports with the requirements of FEMA, NFIP, and the Florida Building Code; and WHEREAS, the City Commission has adopted the City's Comprehensive Plan, as well as the City's Land Development Code, which contain regulations for application to the development of land in the City; and WHEREAS, Objective 9 of the Coastal Management Element of the City's Comprehensive Plan is to "[e)mploy development and redevelopment principles and strategies, site development techniques, engineering solutions, and best practices to reduce flood damage risk, Section 265-5 — Definitions Page 1 of 6 158 flood damage claims and losses resulting from high -tide events, storm surge, flash floods and the impacts of sea level rise;" and WHEREAS, Section 265-5 of the City's Land Development Code currently measures building height from the crown of the adjacent road to the highest point of the structure being measured; and WHEREAS, the City Commission wishes to amend Section 265-5 of the Land Development Code to measure building height from the Design Flood Elevation to the highest point of the structure being measured, in order to reduce the flood damage risk of new construction by encouraging additional floodproofing without losing building height; and WHEREAS, the City Commission finds this Ordinance is consistent with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Amendment of Section 265-5. Chapter 265, Article II, Section 265-5, of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Definitions," is hereby amended as follows: ARTICLE II. Definitions and Rules of Construction § 265-5. Definitions. AREA QF SR€61.4.6 F699D HA;ARD — That area within a e9FR R;wRTty ip� ;,p ARP h- Rdped=y-eaT BASE FLOOD - The flood having a one -percent chance of being equaled or exceeded in any given year. Also known as the 100 -year flood. BASE FLOOD ELEVATION (BFE) - Elevation of the 100 -year flood. The BFE is determined by statistical analysis for each local area and is designated on the FIRMS. This elevation is the basis of the insurance and floodplain management requirements of the NFIP. 1 Additions to existing text are shown by underlinechanges to existing text on second reading are shown by double underline, deletions on first reading are shown as StFi keg; and deletions on second reading are shown as . Section 265-5 — Definitions Page 2 of 6 159 DESIGN FLOOD ELEVATION (DFE) -The elevation of the highest flood (generally the BFE including freeboard) that a retrofitting method is designed to protect against. Also referred to as Flood Protection Elevation. FLOODPLAIN — Shall have the same meaning as "area of speeial fleedhazFd." ."Special Flood Hazard Area (SFHA)." FREEBOARD - Additional amount of height incorporated into the Design Flood Elevation (DFE) to account for uncertainties in the determination of flood elevations. HEIGHT — StFUGtUFe heirs....,,,.,.-, Fed, ,,,elusive of all stFur-t res and ,,,.,,,.,., elite The vertical distance from the minimum Design Flood Elevation (DFE) of the structure, per the Florida Building Code and American Society of Civil Engineers, to the hi -h— - �+ -` " ��` �••-`�� T",. "..;.."tgt b- mean roof height between eaves and ridge for a gable, hip and gambrel roof and to the highest point, excluding parapet, of a flat low -slope roof and to the deckline of a mansard roof. In addition: chimneys shall be permitted to extend three feet above the highest point of the roof where it passes through the roof or three feet above the roof if the roof is flat; parapet walls and railings constructed on buildings with flat roofs shall be permitted to extend not higher than 42 inches above the roof; steeples shall be permitted to extend above the roof, not higher than 42 inches. Section 265-5 — Definitions Page 3 of 6 160 Base Building Elevation (Pitched Roof) Within a Special Flood Hazard Area (SFHA) Maximum Roof Height Mean Roof Hat. � D.FEBased onFBCcv Base Building Elevation (Low Slope Roof) Within aSpecial Flood Hazard Area (SpxA) ----7�--------[�---------TopofPmnapmt —q^ | | U ur BldQ"HgL Bldg ~�____________� ` B.FEBased oncurrent FEMA map -p-------------- *** Max. Roof Hgt. -*- Top of Roof �H0L ' [iF£Based onBCorASCE 24 , ------------ B.F.E. Based on curren ______ B.F.E.Bmoedonounen FEMA map ____________`� NGVD 01-01' LOW -SLOPE ROOF - is a roof with a slope of less than 2:12 according to the Florida Building *** Section uss-5-Definitions Page «nro 161 MEAN ROOF HEIGHT - The average of the roof eave height and the height to the highest point on the roof surface, except that, for roof angles of less than or equal to 10°. the mean roof height is permitted to be taken as the roof eave height. SPECIAL FLOOD HAZARD AREA (SFHA) - Portion of the floodplain subject to inundation bV the base flood, designated Zone A, AE, A1- A30, AH, AO, AR, V, VE, or V1- V30 on a FIRM. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity, but shall remain in full force and effect. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 6. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading this _17th_day of October, 2024. PASSED AND ADOPTED on second repding thi AL3 day of November, 2024. Larisa Svechin, Mayor ATTEST: n APPROVED AS TO FORM / I AND LEGAL SUFFICIENCY: Mauricioeta cur, CMC, City Clerk Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Section 265-5 — Definitions Page 5 of 6 162 First Reading Motion:�ke Wok LA414 Second:_Of U/So Vote on First Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Second Reading A Motion: Second: ✓ (Yes) (No) (Yes) (No) (Yes)(No) (Yes) t/(No) 7 (Yes) (No) Vote on Second Reading: Mayor Svechin (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) Section 265-5 — Definitions Page 6 of 6 163 Z.eAE� . ` I �y► iv �a �0 `tl "� t�'3 ,>�• f S k ; E+ m 6W }t_' }'' est f Zone q s f�k(EL6feetl,; _ 00 ' Nie th' r 4, Zd netAE '. + ? IEL'7lf,eet) A rt !� AZone AE Zone AE�t (AL1 feet) + (EL 8 feet] +� ayr�r ( nn t l( Zon0IAFE iEt- teet]I P Y S1P 7J F, 0 eX500 0.2ipctannuachance iftoaii�hezard Zane�AE .—^w� •� one AE AiwFf ' (EL8 feet)1� s ff il i.. sem. +'4'—• t k ? Z6'ne VE'. (EL�i1 feet Zone;AE {EL))8 feet.) t t tern Shoresue nA'� alb �'. t n}il"J f '--Zone 500 I yN 11 j f(EL 10'feeE) fat p w �i.sj,,"t'm eEas ZonerAE taiIELB+feet) (EL 9 feet] 1' pZone VSE �''�e'*r``• i,a.:�, (EL l O feet) R Zon eAEus'ir: kR q �! Zo IEL9"feet] ne E V ., one, a(EL 13 If: "R{.�,(EcL't8lfeeflyl.7ru�d i' l t Zone V.E- .✓ S3 F y ,r,E� O «�eF t �'FLOR C'TF c nNo� F SAN BUSINESS IMPACT ESTIMATE FORM Posted To Webpage on This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5, CHAPTER 265, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "DEFINITIONS," TO REVISE THE DEFINITION OF THE TERM "HEIGHT," AND INCORPRATING TERMS CONSISTENT WITH FEMA, NFIP, AND THE FLORIDA BUILDING CODE TO AMEND THE BASIS FOR BUILDING HEIGHT MEASUREMENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Part I. Summary of the proposed ordinance and statement of public purpose: Section 265-5 of the City's Land Development Code contains definitions for the terms that are used throughout the Code. The definition provided for the term "height" in Sec. 265-5 establishes the method for measuring height of all buildings and structures citywide and the maximum height is established within the development standards of each zoning district. The current definition measures height from the crown of the adjacent road to the highest point of the structure being measured. This ordinance changes the definition of "height" to begin the measurement at the Design Flood Elevation (DFE) of a structure rather than from the crown of the adjacent road, which will encourage floodproofing. The definition of DFE is also incorporated into this ordinance and follows standards from the Federal Emergency Management Agency (FEMA). As shown in the attached Effective Flood Insurance Rate Map (FIRM) for the City (the full FIRM can be accessed at https://sunnyislesbeachfl.withforerunner.com/properties), the majority of properties within the city limits are in the AE flood zone, which is a Special Flood Hazard Area (SFHA), and the Florida Building Code requires the first floor of these properties to be constructed at least I' above the Base Flood Elevation (BFE). Many of the properties within the AE flood zone have an 8' BFE, which means the DFE of the structure must begin at 9'. When the maximum building height is measured from the crown of the adjacent road, the structure within the AE flood zone will lose approximately 4'-5' of allowable height and elevating the structure for further floodproofing would be discouraged because the usable height would be lost. 165 Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Sunny Isles Beach: (fill out subsections a -c as applicable, if not applicable write "not applicable') a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: None. b. Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and None. c. An estimate of the City of Sunny Isles Beach's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. None. iG OF Y'IS�e u -ls Sir FLOR oyW Cif OF suv Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: Unknown. Part IV. Additional Information (if any): The proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses. 167 C,TY 4F 5UN 1. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Amy Canales, Planning& Zoning Director DATE: November 21, 2024 RE: Amendment to Section 265-5 of the City's Code of Ordinances, Titled "Definitions", to Revise the Definition of the Term "Height" RECOMMENDATION: Staff recommends approval of this Ordinance. REASONS: Section 265-5 of the City's Land Development Code contains definitions for the terms that are used throughout the Code. The definition provided for the term "height" in Sec. 265-5 establishes the method for measuring height of all buildings and structures citywide and the maximum height is established within the development standards of each zoning district. The current definition measures height from the crown of the adjacent road to the highest point of the structure being measured. This ordinance changes the definition of "height" to begin the measurement at the Design Flood Elevation (DFE) of a structure rather than from the crown of the adjacent road, which will encourage floodproofing. The definition of DFE is also incorporated into this ordinance and follows standards from the Federal Emergency Management Agency (FEMA). As shown in the attached Effective Flood Insurance Rate Map (FIRM) for the City (the full FIRM can be accessed at https://sunnyislesbeachfl.withforerunner.com/properties), the majority of properties within the city limits are in the AE flood zone, which is a Special Flood Hazard Area (SFHA), and the Florida Building Code requires the first floor of these properties to be constructed at least 1' above the Base Flood Elevation (BFE). Many of the properties within the AE flood zone have an 8' BFE, which means the DFE Item Number: 8.A 156 of the structure must begin at 9'. When the maximum building height is measured from the crown of the adjacent road, the structure within the AE flood zone will lose approximately 4'-5' of allowable height and elevating the structure for further floodproofing would be discouraged because the usable height would be lost. This ordinance does not change the maximum height limitations within the zoning district regulations. Rather, it changes the starting point for the measurement and therefore one implication of this ordinance is that new single-family homes could be able to accommodate a third floor without losing ceiling height, depending on the design of the home. An important note is that properties located on the east side of Collins Avenue will continue to have a maximum height dictated and approved by the Federal Aviation Administration (FAA). ATTACHMENTS: Ordinance Flood Insurance Rate Map Business Impact Estimate Item Number: 8.A 157