HomeMy WebLinkAboutOrdinance 2003-182
ORDINANCE NO. 2003--1B.~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 99-75,
ORDINANCE NO.: 2001-142, AND ORDINANCE 2003-169, ENTITLED
"FLOOD 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,
on November 13,2001, adopted Ordinance No.2001-142, and on April 24, 2003 adopted Ordinance
2003-169, 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, Ordinance No. 2001.142 and Ordinance 2003-169 "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.
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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 ofthe 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 ofnatural 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:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
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3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(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 ofthe 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 shaH Rot be considered an. accessory stmeture under the proyisions 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.
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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.
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 Vl-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 penmmoot 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; September 29. 1972~ 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 managemem regulations adopted by a eOmRlooity (i.e., a specifie 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
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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 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
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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
d. Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified
either:
(i) fJi By an approved state program as determined by the
Secretary of the Interior; or
(ii) (2) Directly by the Secretary of the Interior in states
without approved programs; ef
(iii) (3)lndividl:laUy listed OR a local inventory of sites
desigaated by the City of Sl:H'H'l-Y Isles Beael1 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).
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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.
New Construction shall mean any structure for which the A "start 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
adiacent to the beach and subiect to erosion and overtopping from high tides and
waves during maior 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.
Reoetitive Loss Structure means flood-related damages sustained by a structure
on two separate occasions during a 10- year period ending on the date of the event
for which the second claim is made. in which the cost of reoairing the flood
damage. on the average. equaled or exceeded 25% of the market value of the
building at the time of each such flood event.
Sand Dunes mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
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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
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 ofthe 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
infrastructlHes.
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 ofthe structure prior to the improvement. The fair market value of the
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 ofthe 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 BuildiRg, PlanniRg
and Zoning Department Code Enforcement Official and which are solely necessary
to assure safe living conditions or (2) any alteration of a "historic structure."
vrovided that the alteration will not preclude the structure's continued designation as
a "historic structure."
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Substantially Improved Existing Manufactured Home Parks or Subdivisions shall
mean a repair, reconstruction, rehabilitation or improvement of the 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.
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 of the 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.
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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
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 bv the Local Government Code
Enforcement Boards Act. Chapter 162. F.S.. as amended, Enforcement may also be by suit for
declaratory. iniunctive or other appropriate 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
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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.
(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) Provide a reg1:llatory floor elevation or flood-proofing certification after the
lowest floor is completed, Upon placement ofthe lowest floor, or instances
where the struoture 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 residemial stnIetui'es, flood
proofiRg, Upon placement of the lowest floor. or flood-proofing by whatever
construction means. or upon placement ofthe horizontal structural members
ofthe 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.
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Section C.
DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR.
Duties of the Building Official shall include, but shall not be limited to:
(1) Review all development permits to assure that the permit requirements ofthis Ordinance
have been satisfied.
(2) Advise permittee that additional Federal or State permits may be required, and if speeifio
Federal or State permit requiremeflts are lrn.o'.'m, require that copies of such permits be
provided and maintained on file with the development permit.
(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(1).
(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 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 Article.
(11) When base flood elevation data or floodway data have not been provided in accordance
with Article 3, Section B, the Building Official shall obtain, review and reasonably utilize
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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.
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.
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(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.
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:
(1) 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 tefl feet (10') abo'/e the base flood elevation. Should solid foundation perimeter
walls be used to elevate a structure, openings sufficient to facilitate the automatic
equalization of flood hydrostatic forces on both sides of the exterior walls l:lllimpeded
moyemOO:ts 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 teB (10) feet aboye 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 the lowest floor elevation base
flood ele:'fation and formed by foundation and other exterior walls shall be designed so as to
be a flood resistant or unfinished efleloslH'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 subj ect to flooding;
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(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. Openings must provide
the required net opening when equipped with the devices.
(b) Access to the enclosed area shall be the minimum necessary to allow for
parking ofvehic1es (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 teB (10) f-eet aboye the base flood elevation.
(b) All manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision must be elevated te so that:
(i) The lowest floor ofthe manufactured home is elevated no lower
than ten (10) feet abo'/e 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:
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(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
(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) Floodwavs. 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 of the 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(l)
and the encroachment standards of Article 5, Section B(5)(a) are satisfied.
@ Encroachments within the adopted regulatory floodwav that would result in
an increase in base flood elevations may be permitted. provided that the
applicant first applies for a conditional FIRM and floodwav revision. fulfills
the requirements for such revisions as established under the mapping
provisions of Title 44 of code of Federal Regulations. Section 65.12. and
receives the approval ofFEMA.
(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:
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{ill All buildings shall be located 25 feet landward ofthe reach of the mean high
tide;
ill All buildings shall be elevated so that the bottom of the lowest suaaortiRg
horizontal structural member (excluding pilings or ef columns) is located no
lower than one foot (1 ') above the base flood elevation~. with all space
below the lowest supporting member open so as not to impede the flow of
water. Open wood-lattice work only or deeorati'le sereooing may be
permitted for aesthetic purposes ealv 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;
(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
Seuth 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 apl'licant 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 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 lowest floor
elevation provided they are not part of the structural support of the building and
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(i)
(j)
(k)
Section C.
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,
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. Only open wood-latticework shall be allowed.
Prior to construction. plans for any buildings that will have lattice work or decorative
screening must be submitted to the Building Official for approval. Open wood lattice
work is to be allowed only.
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).
(1)
Prohibit the placement of manufactured homes (mobile homes). except in an existing
manufactured homes (mobile home) park or subdivision. except where otherwise
required 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 ef and floodway data have not been provided in accordance
with Article 3, Section B, theH 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 Bot aywlable from
outside SOl:Kces, then the following provisions (2 & 3) shall apply:
(a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including
the basement) of all new and substantially improved structures,
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(b) Obtain, if the structure has been flood proofed in accordance with the requirements
ofthis ordinance, the elevation in relation to the mean sea level to which the structure
has been flood proofed, and
(c) Maintain a record of all such information with the official designated in Article 3,
Section C,
(2) Notify, in reverine situations, adjacent communities and the state Coordinating Office prior
to any alternation or relocation of a watercourse, and submit copies of such notifications to
FEMA,
(3) Assure that the flood carring capacity within the altered or relocated portion of any
watercourse is maintained,
(4) Manufactured homes shall be installed using methods and practices that minimize flood
damage. They must be elevated and anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but not limited to, use of over-the -top or
frame ties to ground anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
(5) ',Vhen the data is Rot ayailable from any som-oe as in paragraph (1) abo'fe, theR the follo,,::ing
provisioRs (a & b) shall apply.
When the data is not available from any source as in paragraph (1) of this section. all new
subdivision proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres. whichever is the
lesser. shall be required to include within such proposals base flood elevation data.
(a)(2) No en.croacllmems, iBelading fill material or strnctui'es, shall be looated withiR areas of
speoial flood hazard, a distance oftwenty (20) feet each side from the top ofthe baBk l:lBless
oertificatioR by a registered professioRal engineer is provided demoRstrating that the
cl:lHR:llative effeot of the proposed de';elopment when combiRed with all other eKisting and
antioiaated development 'will Rot ioorease the water swface el&'latioR of the base flood more
than one foot (1') at any point ',vithiR the eOBUlMIDitv. The eRgineeriRg eertifieatioR showa
be supported by teohnioal data that oOflforms to standard hydral:llie engiBeeriJ.:lg prineieles,
such oocroaohmeftt: shan not resl:l:lt iR any iRei"eaSe in flood le~;els dtiriRg the oeCl:lITooee of
the base flood diseharge.
(b )(3) :m Speoial Flooa Hazard ~'\reas withom Base Flood ElevatioR data, Hew eORstrnotioR and ill:
substantial il'Rpfovemoots of existiRg strnotm-es shall be elevated or flood pr{)of-ed to
elevatioRs established in aooordance with Article 4. Section C(1I), ha'le the lowest floor of
the lowest eflelosed area (inoluding basement) elevated BO less than three (3) f-eet above the
highest adjaeent grade at the building site.
Section D.
STANDARDS FOR STREAMS WITH ESTABLISHED BASE FLOOD
ELEVATION WITHOUT REGULARORY FLOODW A YS.
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Located within the areas of special flood hazard established in by this Ordinance, 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:
Until a regulatory floodway is designated, no new construction, substantial improvements, or other
development (including fill) shall be permitted within the areas of special flood hazard, designated as
zoned Al-30 and AE on the FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated development will not
increase the water surface elevation of the base flood more than one foot at any point within the City.
Development activities in Zones Al-30, AE, and AH, on the City's FIRM which increase the water
surface elevation of the base flood by more than one foot may be allowed, provided that the
developer or applicant first applies - with the City's endorsement - for a conditional FIRM revision,
and receives the approval of the Federal Emergency Management Agency.
Section E.:Q. 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 one 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 adj acent grade.
(2) All new construction and substantial improvements of non-residential structures shall:
(a) 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
(b) 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).
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Section F. B. STANDARDS FOR SUBDNISION 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.
ARTICLE VI.
VARIANCE PROCEDURES.
Section A.
DESIGNATION OF VARIANCE AND APPEALS BOARD.
ffi(f..) The City Commission shall hear and decide appeals and requests for variances from the
requirements of this Ordinance.
Section B.
DUTIES,
ill tBj 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 of this
Ordinance,
Section C.
APPEAL.
ill Any 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 (C) Variaflces from this OrdiRaflee may be issl:led for the repair or rehabilitatioR of mstoric
strl:letl:H"es l:lpOfl a determiRatioR that the proposed repair or rehabilitation will Rot preell:lae the
strl:lctlH'e's eonti-ooed designatioR as aR "histone strl:letl:H"e" and the 'lariaRce is the miniml:HB to
preserve the historic charaeter aRd design. of the structlH'e.
Section D.
VARIANCE PROCEDURES.
ill fQt 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:
titl..(l) The danger that materials may be swept onto other lands to the injury of
others;
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@.f2t 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;
tiQ(4) The importance of the services provided by the proposed facility to the
community;
&tl(5) The necessity of a facility to a waterfront location, in the case of a
functionally dependent use;
ill (6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
fgi (7) The compatibility of the proposed use with existing and anticipated
development;
00 (8t The relationship ofthe proposed use to a comprehensive plan and floodplain
management program for that area;
ill (9) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
ill 00) The expected heights, velocity, duration, rate of rise and sediment transport
ofthe flood waters and the effects of wave action, if applicable, expected at
the site; and
00 flltThe 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.
Section E.
CONDITIONS FOR VARIANCES.
(1~ 00 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.
(2) f+) fB 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.
ill (~ Conditions for Variances from this Ordinance:
{ill tB Variances shall only be issued when the following applies:
(i) A showing of good and sufficient cause;
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(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.
Dll ~ 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.
Section F.
VARIANCE NOTIFICATION.
w ~ Any applicant to whom a variance is granted shall be given written notice
over the signature of a community official that: specifying the difIerenee bet\veen the
base flood el~/atiofl afld the eleyatiofl to whieh the building is to be built aaa stating
that the cost of flood insl:liaflee will be oommeflsarate with the increased risk
resulting from the real:leed lowest floor ele'latioR.
(1) The issuance of a variance to construct a structure below the base flood
elevation will result in increased premium rates for flood insurance up to
amounts as high as $25.00 for $100.00 of insurance coverage. and
(2) Such construction below the base flood level increases risks to life and
property,
A COpy of the notice shall be recorded by the City Clerk of the City of Sunny Isles
Beach and shall be recorded in a manner so that it appears in the chain of title of the
affected parcel of land.
@ (4) The offiee ofthe City Clerk Bl:lilding Offieial shall maintain the reeor-ds of all
appeal aetiofls and report any varianoes to the Federal Emergeney Maflagement
~A..gefley ~on request.
The Building Official will maintain a record of all variance actions. including
iustification for their issuance. and report such variances issued in its biennial report
submitted to the Federal Emergency Management Agency.
Section G.
HISTORIC STUCTURES
Variances may be issued for the repair or rehabilitation of "historic" structures - meeting the
definition in this ordinance - upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as a "historic" structure.
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Section H,
STRUCTURES IN REGULATORY FLOODW A Y.
Variances shall not be issued within any designated floodway if any impact in flood conditions
or increase in flood levels during the base flood discharge would result.
ARTICLE VII
SEVERABILITY AND CODIFICATION
Section A, Severability, The provisions of this Ordinance are declared to be severable and if any
sectio~ 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 B. 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 C, Effective Date, lIDs Ordinance shall become effective ten (10) days after adoption
on second reading,
PASSED AND ADOPTED on first reading the ~tty of cc:y, pf;e...JJt'> ~ , 2003
PASSED AND ADOPTED on second reading this -riy of ~ ,2003,
.JATTEST:
, . I'
, ..:~'-" ~
. ')_ ',Kmes, d,ty ~lerk
APPROVED AS TO LEGAL FORM
AND suFFJ:CIENCY:
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Vote: 4,-f)
Motion on second reading by: ~ ~ io.,Q,~
Second on second reading by: .. -5::"( 0..1 €'.A-
Mayor Edelcup
Vice Mayor Goodman
Commissioner Iglesias
Commissioner Thaler
/ (Yes)
v (Yes)
,/ (Yes)
v"" (Yes)
(No)
(No)
(No)
(No)
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