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HomeMy WebLinkAboutOrdinance 2001-142 ORDINANCE NO. 2001- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 99-75, ENTITLED IIFLOOD DAMAGE PREVENTION-; PROVIDING FOR AMENDMENT OF DEFINITIONS, GENERAL PROVISIONS AND ADMINISTRATION; AMENDING CONDITIONS FOR VARIANCES; PROVIDING FOR SEVERABILITY, PROVDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Federal government has certain requirements to be adopted by municipalities in an attempt to prevent flood damage; and WHEREAS, the City of Sunny Isles Beach, on July 15,1999, adopted Ordinance No. 99-75, its Flood Damage Prevention for the health, welfare and safety of its citizens; and WHEREAS. the Federal Emergency Management Agency ("FEMA") has identified the City of Sunny Isles Beach as lying within a special flood hazard area; and WHEREAS. the City wishes to adopt this amendment to the flood damage prevention ordinance. in accordance with FEMA requirements and for the special benefit. health. welfare and safety of its citizens; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the City of Sunny Isles Beach is hereby amending Ordinance No. 99-75, "FLOOD DAMAGE PREVENTION" which shall read as follows: ARTICLE I. STATUTORY AUTHORIZATION. FINDINGS OF FACT. PURPOSE AND OBJECTIVES. Section A. STATUTORY AUTHORIZATION. The Legislature of the State of Florida has in Florida Statutes (Chapters 166 and 163) delegated to local governmental units, including the City of Sunny Isles Beach, the responsibility of adopting ordinances which are designed to promote the public health, safe and general welfare of its citizenry. Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 -3:55 PM Section B. FINDINGS OF FACT. (1) The City of Sunny Isles Beach acknowledges that there exist flood hazard areas within the City of Sunny Isles Beach which are subject to periodic inundation which can 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 of the City of Sunny Isles Beach. (2) Losses due to floods may be caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities. Section C. 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: (1) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (2) 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 flood heights, velocities or erosion; (3) Control the alteration of natural flood plains, stream channels and natural protective barriers that are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging and other development which may increase flood damage or erosion; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Section D. OBJECTIVES. The objectives ofthis Ordinance are: (I) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; 3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense ofthe general public; Flood Damage Prevention Ord. Legislation/Ordinancesl Attorney 10/210 I --3:55 PM 2 (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines and streets and bridges located in flood plains; (6) 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 (7) To insure that potential homebuyers are notified that property is in a flood area. ARTICLE II. DEFINITIONS. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them meaning they have in common usage and to give this Ordinance its most reasonable application. Accessory Structure (Appurtenant Structure) shall mean a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment and may not be used for human habitation and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns and hay sheds. A guesthouse shall not be considered an accessory structure under the provisions of this Ordinance. Addition (to an existing building) shall mean 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 firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load-bearing walls is considered new construction. Appeal shall mean a request for a review of the Planning and Zoning Board's interpretation of any provision of this Ordinance or a request for a variance. Area of Shallow Flooding shall mean 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 exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Area of Special Flood Hazard shall mean the land in the flood plain within a community subject to a one percent (1 %) or greater chance of flooding in any given year. Flood Damage Prevention Ord, Legislation/Ordinances! Attorney 10/2/01 --3:55 PM 3 Base Flood shall mean the flood having a one percent (1 %) chance of being equaled or exceeded in any given year. Basement shall mean that portion of a building having its floor sub grade (below ground level) on all sides. Breakaway Wall shall mean 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 ofthe building or the supporting foundation system. Building shall mean any structure built for support, shelter or enclosure for any occupancy or storage. Coastal High Hazard Area shall mean the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone VI-30, VE or V. Development shall mean 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 Building shall mean 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) or shear walls. Existing Construction shall mean any structure for which the start of construction commenced before May 12, 1998, based upon specific technical base flood elevation data that establishes the area of special flood hazard (i.e., FIRM). Existing Manufactured Home Park or Subdivision shall mean 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 first flood plain management regulations adopted by a coll'lfll:'l:lflity (i.e., a Sf)eeifie date). this ordinance. Expansion to an Existing Manufactured Home Park or Subdivision shall mean 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 Damage Prevention Ord, Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 4 Flood or Flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source. Flood Hazard Boundary Map (FHBM) shall mean an official map of a community, issued by the Federal Emergency Management Agency (FEMA), where the boundaries of the areas of special flood hazard have been defined as Zone A. Flood Insurance Rate Map (FIRM) shall mean an official map of a community, on which the Federal Emergency Management Agency has delineated the areas of special flood hazard an/or risk premium zones applicable to the community. Flood Insurance Study shall mean the official report 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 base flood. Flood Plain shall mean any land area susceptible to flooding. Floodway shall mean 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 a designated height. Functionally Dependent Facility shall mean 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, or ship repair. The term does not include long-term storage, manufacturing, sales or service facilities. Highest Adjacent Grade shall mean the highest natural elevation of the ground surface, prior to construction, next to the proposed foundation walls of a building. Historic Structures shall mean 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; Flood Damage Prevention Ord, Legislation/Ordinancesl Attorney 10/2/01 --3:55 PM 5 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 d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) fB By an approved state program as determined by the Secretary of the Interior; (ii) (2) Directly by the Secretary of the Interior in states without approved programs; or (iii) ~lndividually listed on a local inventory of sites designated by the City of Sunny Isles Beach as historically significant. Lowest Floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the provisions of this Code. Mangrove Stand shall mean 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 nitida); red mangrove (Rhizophora mangle); white mangrove (Longunculariaracemosa); and buttonwood (Conocarpus erecta). Manufactured Home shall mean 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 shall mean the average height ofthe sea for all stages ofthe tide. It is used as a reference for establishing various elevations within the floodplain. For purposes ofthis Ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). National Geodetic Vertical Datum (NGVD) shall mean a vertical control used as a reference for establishing varying elevations within the floodplain as corrected in 1929. Flood Damage Prevention Ord. Legislation/Ordinances! Attorney 10/2/01 --3:55 PM 6 New Construction shall mean any structure for which the Astart of construction" commenced after September 29, 1972, based upon specific technical base flood elevation data which establishes the area of special flood hazard (i.e., FIRM). The term also includes any subsequent improvements to such structure. New Manufactured Home Park or Subdivision shall mean 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 September 29, 1972. 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. Recreation Vehicle shall mean a vehicle that is: a. Built on a single chassis; b. Four Hundred (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. Sand Dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. Start of Construction (for any other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)), includes substantial improvement, and shall mean the 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 Flood Damage Prevention Ord. Legislation/Ordinances! Attorney 10/2/0 I --3:55 PM 7 foundations or the erection oftemporary 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 shall mean 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 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 fifty percent (50%) of the market value of the structure before the damage occurred. Substantial Improvement shall mean any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a five (5) year period, in which the cumulative costs equals or exceeds fifty percent (50%) of the fair market value of the structure prior to the improvement. The fair market value ofthe building should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) the assessed value of the building prior to the start of the initial repair or improvement. or (3) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. For the 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 either (1) any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been pre-identified by the Building, Planning and ZoniBg Department Code Enforcement Official and which are solely necessary to assure safe living conditions or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Substantially Improved Existing Manufactured Home Parks or Subdivisions shall mean a repair, reconstruction, rehabilitation or improvement ofthe streets, utilities and pads which equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this Ordinance that permits construction in a manner otherwise prohibited by this Ordinance. Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 8 ARTICLE III. GENERAL PROVISIONS. Section A. LANDS TO WHICH ORDINANCE APPLIES. This Ordinance shall apply to all areas of special flood hazard within the jurisdiction ofthe City of Sunny Isles Beach. Section B. BASIS FOR AREA OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study and Flood Insurance Rate Map for Miami-Dade County, Florida, dated July 17, 1995, Panel 84 of 625. with accompanying maps and other supporting data and any revision thereto, are adopted by Ordinance. Section C. ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be required in conformance with the provision ofthis Ordinance prior to the commencement of any development activities. Section D. COMPLIANCE. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. Section 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. Section F. INTERPRETATION. In the interpretation and application of this Ordinance all provisions shall be (1) considered as minimum requirements, shall be (2) liberally construed in favor ofthe governing body and shall be (3) deemed neither to limit nor repeal any other powers granted under State Statutes. Section 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 does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 9 the City of Sunny Isles Beach or by any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. Section H. PENALTIES FOR VIOLATION. Violation of the provisions of this Ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. 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 sixty (60) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. This ordinance shall also be subiect to enforcement by the Local Government Code Enforcement Boards Act. Chapter 162. F.S.. as amended. Enforcement may also be bv suit for declaratory. iniunctive or other aooropriate relief in a court of competent iurisdiction. Nothing herein shall prevent the City of Sunny Isles Beach from taking other lawful actions as is necessary to prevent or remedy any violation. ARTICLE IV. ADMINISTRATION Section A. DESIGNATION OF LOCAL ADMINISTRATOR. The Building Official is hereby appointed to administer and implement the provisions of this Ordinance. Section B. PERMIT PROCEDURES. Application for a Development Permit shall be made to the Building Official, on forms furnished by the Building, Planning and Zoning Department, 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 ofthe 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 Storage: (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. (b) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed. Flood Damage Prevention Ord, Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 10 (c) Certificate from a registered professional engineer or architect that any non- residential flood-proofed structure will meet the flood-proofing criteria in Article 5, Section B(2) and Section D(2). (d) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development. (2) Construction Stage: (a) Section C. Provide a r'0galatory floor elevation or flood-proofmg certification after the lowest floor is completed, UpOFl plaeemem: of the lowest floor, or instances where the stnIoture building is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor; .:- or for non residem.ial stnlomres, flood proofing, Upon placement of the lowest floor. or flood-proofing bvwhatever construction means. or upon placement ofthe horizontal structural members of the lowest floor. whichever is applicable, it shall be the duty ofthe permit holder to submit to the Building Official ~ certification of the elevation of the lowest floor, or flood-proofed elevation, or the elevation of the lowest portion ofthe horizontal structural members ofthe 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. (b) The Building Official shall review the referenced 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. DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR. Duties ofthe Building Official shall include, but shall not be limited to: (I) Review all development permits to assure that the permit requirements of this Ordinance have been satisfied. (2) 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. Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 11 (3) Notify adjacent communities and the appropriate State agencies prior to any alteration or relocation of a watercourse and submit evidence of such notification of the Federal Emergency Management Agency. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that flood-carrying capacity is not diminished. (5) Verify and record the actual elevation, in relation to mean sea level, of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Article 5, Section B(I). (6) Verify and record the actual elevation, in relation to mean sea level, to which the new or substantially improved structures have been flood-proofed, in accordance with Article 4, Section B(2) and Section D(2). (7) In Coastal High Hazard Areas, certification shall be obtained from a registered professional engineer or architect that the structure is designed and securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (8) In Coastal High Hazard Areas, the Building Official shall review plans for adequacy of breakaway walls in accordance with Article 5, Section (B)(6)(f). (9) When flood proofing is utilized for a structure, the Building Official shall obtain certification from a registered professional engineer or architect, in accordance with Article 5, (B)(2) and 5(D)(2). (10) 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 maplJed 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 Article. (11) When base flood elevation data or floodway data have not been provided in accordanc~ with Article 3, Section B, 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 Article 5. (12) All records pertaining to the provisions ofthis Ordinance shall be maintained in the office of the City Clerk and shall be open for public inspection. Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 -3:55 PM 12 ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION Section A. GENERAL STANDARDS. In all areas of special flood hazard the following provisions are required: (1) New construction and substantial improvements of existing structures 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 of existing structures shall be constructed with materials and utility equipment resistant to flood damage. (4) New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage. (5) All electrical, heating and air conditioning equipment, ventilation, plumbing 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 floodwaters into the system. (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (9) Any alteration, repair, reconstruction or improvements to a structure that 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 improvement to a structure that is not compliant with the provisions of this Ordinance shall be undertaken only if the nonconformity is not furthered, extended or replaced. Flood Damage Prevention Ord. Legislation/Ordinancesl Attorney 10/2/01 -3:55 PM 13 Section B. SPECIFIC STANDARDS. In all areas of special flood hazard where base flood elevation data have been provided, as set forth in Article 3, Section B, or Article 4, Section C (11), the following provisions are required: (I) Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement elevated no lower than ten feet (10') OOo'/e the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Article 5, Section B (3). (2) Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall have the lowest floor, including basement, elevated no lower than ten (1 Q) feet aeeve the base flood elevation. Structures located in A-zones, together with attendant utility and sanitary facilities, may be flood-proofed in lieu of elevation provided that all areas of the structure below the base flood elevation are designed to be water tight, with walls substantially impermeable to the passage of water and 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 design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the official as set forth above and in Article 4, Section C(9). (3) Elevated Buildings. New construction or substantial improvements of existing elevated structures that include any fully enclosed area located below base flood elevation and formed by foundation and other exterior walls shall be designed so as to be a flood resistant or oofinished enolosW"e and designed to preclude finished living space and to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following criteria: (i) 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; (ii) The bottom of all openings shall be no higher than one foot above grade; and (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. Flood Damage Prevention Ord, Legislation/Ordinancesl Attorney 10/2/01 --3:55 PM 14 (b) Access to the enclosed area shall be the minimum necessary to allow for parking ofvehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). (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 or substantially improved manufactured home parks or subdivisions, must have the lowest floor including basement, elevated no lower than tea (10) feet above the base flood elevation. (b) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated to that: (i) The lowest floor ofthe manufactured home is elevated no lower than ten (10) feet above the level ofthe base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength and no less than 36 inches in height above grade. (iii) The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. (iv) On a site 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 on that site must meet the standards of Article 5, Section B(4)(b)(i) and (iii) above. (c) All recreational vehicles placed on sites must either: (i) Be fully licensed and ready for highway use. 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 structures; or Flood Damage Prevention Ord, Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 15 (ii) The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of Article 5, Section B(4)(a) and 5(B)(4)(b)(iii) above. (5) Floodways. Located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. A floodway may be an extremely hazardous area due to velocity floodwaters, debris and erosion potential. In addition, the area must remain free of encroachment in order to discharge the base flood without increased flood heights. Therefore, the following provisions shall apply: (a) Prohibit encroachments, including earthen fill, new construction, substantial improvements and other development within the regulatory floodway unless certification with supporting technical data is provided by a registered professional engineer demonstrating that encroachments shall not result in any increase in flood levels during occurrence ofthe base flood discharge. (b) Only if Article 5, Section B ( 5)( a) is satisfied, then all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Article 5. (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 Article 5, Section A(2), and the elevation standards of Article 5, Section B(1) and the encroachment standards of Article 5, Section B(5)(a) are satisfied. (6) Coastal High Hazard Areas (V Zones). Located within the areas 0 special flood hazard established in Article 3. Section 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: {ill All buildings shall be located 25 feet landward ofthe reach ofthe mean high tide; ili1 All buildings shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings of columns) is located no lower than one foot (1 ') above the base flood elevation level. with all space below the lowest supporting member open so as not to impede the flow of water. Ooen 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 Article 5. Section B(6)(h); (c) All buildings or structures shall be securely anchored on pilings or columns; Flood Damage Prevention Ord, Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 16 (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 on all building components. Water loading values shall equal or exceed the base flood. Wind loading values shall be in accordance with South Florida Building Code. current 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 Article 5. Section 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: (i) Particle composition of fill material does not have a tendency for excessive natural compaction; (ii) Volume and distribution of fill will not cause wave defection to adiacent properties: and (iii) Slope of ill 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 ofthe structural support of the building and designed so as to breakaway. under 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: (i) No solid walls shall be allowed. and; (ii) 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. Flood Damage Prevention Ord, Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 17 (j) (k) (1) Section C. Prior to construction, plans for any buildings that will have lattice work or decorative screening must be submitted to the Building Official for apl'roval. 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 Article 5, Section B(6)(h) and (i). Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile home) park or subdivision, except where otherwise reauired by law and required by the City's Comprehensive Land Use Master Plan. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Article 5, Section B(6)(e), and the elevation standards of Article 5, Section B(6)(b) are met. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATION AND/OR FLOODW A YS. Located within the areas of special flood hazard established in Article 3, Section B, where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply: (1) When base flood elevation data or floodway data have not been provided in accordance with Article 3, Section 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 Article 5. If data are not available from outside sources, then the following provisions (2 & 3) shall apply: (2) No encroachments, including fill material or structures, shall be located within areas of special flood hazard, a distaflce oftwenty (20) feet eaeh side fr-em the top ofthe baak unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation ofthe base flood more than one foot (I') at any point within the community. The engineering certification should be supported bv technical data that conforms to standard hydraulic engineering principles. such encroaehmem shall not result in any increase in flood levels duriBg the OeeWTeflCe of the base flood discharge. (3) lB Special Flood Hazard Areas without Base flood Elevation data, New construction aa6 or substantial improvements of existing structures shall be elevated or flood-proofed to elevations established in accordance with Article 4, Section CO!). have the lowest floor of the lowest eBclosed area (iBe1uding basement) eleyated BO less thaB three (3) f-eet abo'le the highest adjacent grade at the building site. Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 18 Section D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES). Located within the areas of Special Flood Hazard established in Article 3, Section B, are areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of ORe to three (1' 3') two to three (2-3') feet, where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map, above the highest adjacent grade. If no flood depth number is specified, the lowest flood, including basement, shall be elevated at least two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvements of non-residential structures shall: (a) (b) Section E. Have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet (2') above the highest adjacent grade; or Together with attendant utility and sanitary facilities be completely flood- proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as state in Article 5, Section B(2). STANDARDS FOR SUBDIVISION PROPOSALS. (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, greater than fifty (50) lots of five (5) acres, whichever is less. Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 19 ARTICLE VI. VARIANCE PROCEDURES. (llJAt The City Commission shall hear and decide appeals and requests for variances from the requirements of this Ordinance. ill ~ The Commission shall hear and decide appeals when it is alleged an error in any requirement, decision or determination is made by the Building Official in enforcement or administration ofthis Ordinance. ill Anv person or entity aggrieved bv the decision of the City Commission may appeal such decision to the Circuit Court. pursuant to the Florida Rules of Civil Procedure. ill fGj Variances from this Ordinance may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure. ill ~ In passing upon such applications, the Commission shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and the following: @)JB The danger that materials may be swept onto other lands to the injury of others; Dll.~ The danger to life and property due to flooding or erosion damage; {Y.~ The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; @'J4j The importance of the services provided by the proposed facility to the community; ~ The necessity of a facility to a waterfront location, in the case of a functionally dependent use; ill f6j The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) f7j The compatibility of the proposed use with existing and anticipated development; Qll f8j The relationship ofthe proposed use to a comprehensive plan and floodplain management program for that area; Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 20 ill f9j The safety of access to the property in times of flood for ordinary and emergency vehicles; ill (-H)f 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 ill fHjThe 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. @ fBj Upon consideration of the factors listed above, and the purposes of this Ordinance, the City Commission may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this Ordinance. ill (F1 Variances from this Ordinance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 00 tGj Conditions for Variances from this Ordinance: ~ fB Variances shall only be issued when the following applies: (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 public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (Q) ~ 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 an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. i9 ~ 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. Flood Damage Prevention Ord, Legislation/Ordinances/Attorney 10/2/01 --3:55 PM 21 @ (4j The office ofthe City Clerk Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Section 2. Severability. The provisions ofthis Ordinance are declared to be severable and if any section, sentence, clause or phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Codification. 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 City of Sunny Isles Beach Code. Sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 16th day of October, 2001. PASSED AND ADOPTED on second reading this 13~ay 01. ,~.. " ~ ~ AtTEST: ..... 'Ir i ,:3 0,,;' - t.; v'. "". ~~~ . . Rich~d ~own-M6dlla, City Clerk APPN,OYED AS TO LEGAL FORM AND SUFfiCIENCY: M. Dannheisser, City Attorney Motion on second reading by: ", a d\~'OQ. t(~ FF~ Second on second reading by: ComW\\ s.~ 'O&J~ ~I ~ Vote: .6-0 Mayor David Samson Vice Mayor Lila Kauffinan Commissioner Norman S. Edelcup Commissioner Gerry Goodman Commissioner Daniel Iglesias v (Yes) V (Yes) V(Y es) ~(Yes) - V(Yes) _(No) _(No) _(No) _(No) _(No) Flood Damage Prevention Ord. Legislation/Ordinances/Attorney 10/2/01 -3:55 PM 22