HomeMy WebLinkAboutOrdinance 2009-332
ORDINANCE NO. 2009- ~3~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING CHAPTER 161 OF THE CITY
CODE ENTITLED "FLOOD DAMAGE PREVENTION" TO INCORPORATE
ADDITIONAL REQUIREMENTS OF PARAGRAPH 60.3 (e) OF THE NFIP
REGULATIONS; ADOPTING THE FLOOD INSURANCE RATE MAP
(FIRM) AND THE FLOOD INSURANCE STUDY (FIS) REPORT FOR THE
CITY OF SUNNY ISLES BEACH; PROVIDING FOR SEVERABILITY,
PROVDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, On August 24, 2007, the Department of Homeland Security's Federal
Emergency Management Agency (FEMA) provided our community with Preliminary copies of
revised Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the City of
Sunny Isles Beach; and
WHEREAS, Because of the modifications to the FIRM and FIS report for our community
made by this map revision, certain additional requirements must be met under Section 1361 of the
1968 Act, prior to September 11, 2009; and
WHEREAS, The City of Sunny Isles Beach is required, as a condition of continued
eligibility in the National Flood Insurance Program (NFIP) to adopt or show evidence of adoption of
floodplain management regulations that meet the standards of Paragraph 60.3 (e) of the NFIP
regulations; 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, on April 24, 2003 adopted Ordinance
2003-169, and on October 23,2003 Adopted Ordinance 2003-182, its Flood Damage Prevention for
the life, health, welfare and safety of its citizens; and .
WHEREAS, the Federal Emergency Management Agency (lfFEMAIf) 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. Amendment. The Code of Ordinances of the City of Sunny Isles Beach is hereby
amending Ordinance No. 99-75, Ordinance No. 2001.142, Ordinance 2003-169, and Ordinance
2003-182 "FLOOD DAMAGE PREVENTION" which shall read as follows:
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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 and
authorized 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 safety. and general
welfare of its citizenry. Therefore. the City Commission of the City of Sunny Isles Beach hereby
adopts the following floodplain management regulations.
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 save lives. 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 throughout their intended life span:
(2) Restrict or prohibit uses which are dangerous to life. 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;
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(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 of this Ordinance are:
(1) To protect human life, and health;--and to eliminate or minimize property
damage:
(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 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, flflfr-streets, and bridges and culverts located in floodplains;
(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 hazard 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 ffiiti.al. 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.
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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 Floodplain Administrator's Planning
and Zoning Bourd ' s interpretation of any provision of this Ordinance or a request for
a vanance.
Area of Shallow Flooding shall mean a designated AO or VG AH 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. Such
flooding is characterized by ponding or sheet flow.
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. This term is synonymous with the phrase "special flood hazard area."
Base Flood shall mean the flood having a one percent (1 %) chance of being equaled or
exceeded in any given year. (also called the "lOO-year flood" and the "regulatory flood").
Base flood is the term used throughout this ordinance.
Base Flood Elevation means the water-surface elevation associated with the base flood.
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 of the
building or the supporting foundation system.
Building shall mean any structure built for support, shelter or enclosure for any
occupancy or storage. See Structure
Coastal High Hazard Area shall mean the an area of special flood hazard extending
from offshore to the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or seismic sources
waters caused by, but not limited to, hurricane '.'lave wash. The area is designated on
the FIRM as Zone V1-V30, VE or V.
Datum A reference surface used to ensure that all elevation records are properly related. The
current national datum is the National Geodetic Vertical Datum (NGVD) of 1929. which is
expressed in relation to mean sea level. or the North American Vertical Datum (NA VD) of
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1988.
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 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,
foundation walls. posts, piers, pilings, columns (posts and piers) or shear walls.
Existing Construction shall mean any structure for which the start of construction
commenced before September 29. 1972: based upon specific technical base flood
elevation data that establishes the area of special flood hazard (i.e., FIRM). This term
may also be referred to as "existing structures"
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 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 or Flooding shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflov, of inland or tidal
v,aters and/or the unusual and rapid accumulation or runoff of surface waters from
any source.
(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:
(I) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) Mudslides (i.e.. mudflows) which are proximately caused by flooding as defined in
paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on
the surface of normally dry land areas. as when earth is carried by a current of water and
deposited along the path of the current.
(b) The collapse or subsidence of land along a shore of a lake or other bod y of water as the
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water. accompanied by a severe storm or by an unanticipated force of
nature. such as a flash flood or an abnormal tidal surge or by some similarly unusual and
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unforeseeable event which results in flooding as defined in paragraph (a) (1) of this
definition.
Flood Boundary and Floodwav Map (FBFM) means the official map of the community on
which the Federal Emergency Management Agency (FEMA) has delineated the areas of
special flood hazard and regulatory floodways.
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 only
Approximate Zone A.
Flood Insurance Rate Map (FIRM) shall mean an official map of a community,
issued by FEMA on \vhich the Federal Emergency Management .-\gency has
delineated which delineated both the areas of special flood hazard areas and/or risk
premium zones applicable to the community.
Flood Insurance Study (FIS) shall mean the official hydrology and hydraulics report
provided by the Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary Flood'.vay Map and the water surface elevation of
base flood. The study contains an examination. evaluation. and determination of flood
hazards. and. if appropriate. corresponding water surface elevations. or an examination.
evaluation. and determination of mudslide (i.e.. mudflow) and other flood-related erosion
hazards. The study may also contain flood profiles. as well as the FIRM. FHBM (where
applicable). and other related data and information.
Flood Plain shall mean any land area susceptible to being inundated by water from any
source (see definition of "flooding"). flooding.
Floodplain manaJ!ement means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing. where
possible. natural resources in the floodplain. including but not limited to emergency
preparedness plans. flood control works. floodplain management regulations. and open space
plans.
Floodplain Administrator is the individual appointed to administer and enforce the
floodplain management regulations of the community.
Floodplain manaJ!ement reJ!ulations means this ordinance and other zoning ordinances.
subdivision regulations. building codes. health regulations. special purpose ordinances (such
as floodplain ordinance. grading ordinance. and erosion control ordinance). and other
applications of police power which control development in flood-prone areas. This term
describes Federal. State of Florida. or local regulations in any combination thereof, which
provide standards for preventing and reducing flood loss and damage.
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FloodoroofinJ! means any combination of structural and non-structural additions. changes. or
adiustments to structures. which reduce or eliminate flood damage to real estate or improved
real property. water and sanitary facilities. structures and their contents.
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.
Floodwav frinJ!e means that area of the one-percent (base or lOO-year) floodplain on either
side of the regulatory floodway.
Freeboard means the additional height. usually expressed as a factor of safety in feet. above
a flood level for purposes of floodplain management. Freeboard tends to compensate for
many unknown factors. such as wave action. blockage of bridge or culvert openings, and
hydrological effect of urbanization of the watershed. which could contribute to flood heights
greater than the heights calculated for a selected frequency flood and floodway conditions.
Free of Obstruction means any type of lower area enclosure or other construction element
will not obstruct the flow of velocity water and wave action beneath the lowest horizontal
structural member of the lowest floor of an elevated building during a base flood event. This
requirement applies to the structures in velocity zones (V -Zones).
Functionally Dependent Facility Use shall mean a facility use 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.
Hardshio as related to variances from this ordinance means the exceptional difficulty
associated with the land that would result from a failure to grant the requested variance. The
community requires that the variance is exceptional. unusual. and peculiar to the property
involved. Mere economic or financial hardship alone is not exceptional. Inconvenience.
aesthetic considerations. physical handicaps. personal preferences. or the disapproval of
one's neighbors likewise cannot. as a rule. qualify as an exceptional hardship. All of these
problems can be resolved through other means without granting a variance. even if the
alternative is more expensive. or requires the property owner to build elsewhere or put the
parcel to a different use than originally intended.
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:
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a. Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
c. Individually listed on the Florida a state inventory of historic
places in states 'Nith 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) By an approved state Florida program as determined
by the Secretary of the Interior; or
(ii) Directly by the Secretary of the Interior III states
,tVithout approved programs
Lowest ad;acent J!rade means the lowest elevation. after the completion of construction. of
the ground. sidewalk. patio. deck support. or basement entryway immediately next to the
structure.
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 applicable nonelevation design standards
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
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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.
Manufactured home oark or subdivision means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Market value means the building value. which is the property value excluding: the land value
and that of the detached accessory structures and other improvements on site (as agreed to
between a willing buyer and seller) as established by what the local real estate market will
bear. Market value can be established by an independent certified appraisal (other than a
limited or curbside appraisal. or one based on income approach). Actual Cash Value
(replacement cost depreciated for age and quality of construction of building). or adiusted
tax-assessed values.
Mean Sea Level shall mean the average height of the sea for all stages of the tide. It
is used as a reference for establishing various elevations within the floodplain. For
purposes of this Ordinance, the term is synonymous with National Geodetic Vertical
Datum (NGVD). of 1929. or North American Vertical Datum (NA VD) of 1988
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 "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.
North American Vertical Datum (NA VD) of 1988 means a vertical control used as a
reference for establishing varying elevations within the floodplain.
Primary 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.
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Princioallv above J!round means that at least 51 percent of the actual cash value of the
structure is above ground.
ProJ!ram deticiencv means a defect in the community's floodplain management regulations
or administrative procedures that impairs effective implementation of those floodplain
management regulations or of the standards required by the National Flood Insurance
Program.
Public safetv and nuisance means anything which is iniurious to safety or health of the
entire community or a neighborhood. or any considerable number of persons. or unlawfully
obstructs the free passage or use. in the customary manner. of any navigable lake. or river.
bay. stream. canal. or basin.
Reasonablv safe from tloodinJ! means base flood waters will not inundate the land or
damage structures to be removed from the SFHA and that any subsurface waters related to
the base flood will not damage existing or proposed buildings.
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.
ReJ!ulatory tloodwav means the channel of a river or other watercourse and the adiacent 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.
Remedv a deticiencv or violation means to bring the regulation. procedure. structure or other
development into compliance with State of Florida. Federal. or local floodplain management
regulations: or if this is not possible. to reduce the impacts of its noncompliance. Ways the
impacts may be reduced include protecting the structure or other affected development from
flood damages. implementing the enforcement provisions of this ordinance or otherwise
deterring future similar violations. or reducing Federal financial exposure with regard to the
structure or other development.
Repetitive Loss Structure means flood-related damages sustained by a structure
on two separate occasions during a lO-year period ending on the date ofthe event
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for which the second claim is made, in which the cost of repairing 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.
Riverine means relating to. formed by. or resembling a river (including tributaries). stream.
brook. etc.
Sand Dunes mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Shallow floodinJ! - see area of shallow floodine.
Soecial flood hazard area - see area of special flood hazard.
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 of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main building. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building; whether or not that alteration affects the external
dimensions of the building.
Storm cellar means a place below grade used to accommodate occupants of the structure and
emergency supplies as a means of temporary shelter against severe tornadoes or similar
windstorm activity.
Structure shall mean a walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank,
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
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exceed fifty percent (50%) of the market value of the structure before the damage
occurred. This term also includes "repetitive loss" structures as defined herein
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 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 of the actual repair work performed. For
the purposes of this definition, Asubstantial 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 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 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.
Violation means the failure of a structure or other development to be fully compliant with
the requirements of this ordinance. A structure or other development without the elevation
certificate. other certifications. or other evidence of compliance required in this ordinance is
presumed to be in violation until such time as that documentation is provided.
Watercourse means a lake. river. creek. stream. wash. channel or other topographic feature
on or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
Water surface elevation means the height. in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 or the North American Vertical Datum (NA VD) of 1988. of floods
of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
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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. The Flood Insurance Study and Flood Insurance Rate Map are on
file at the Building Department 18070 Collins Avenue. Sunny Isles Beach FL 33160
SECTION C. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Citv Commission of the Citv of Sunnv Isles Beach hereby appoints the BuildinJ! Ofticial to
administer and implement the provisions of this ordinance and is herein referred to as the Floodplain
Administrator
Section D.
EST ABLISHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be required in conformance with the provision of this Ordinance prior
to the commencement of any development activities.
Section E.
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 F.
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 G.
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 of the governing body and shall be
(3) deemed neither to limit nor repeal any other powers granted under State Statutes.
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Section H.
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 I.
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 subject to enforcement by the Local Government Code
Enforcement Boards Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for
declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. 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
DESIGN.^~TION OF LOC'\L .^~DMINISTR.'\TOR.
Section .^~.
The Building Official is hereby appointed to administer and implement the provisions of this
Ordinance.
Section A.
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 of the area in question; existing or proposed structures, earthen
fill, storage of materials or equipment, drainage facilities and the location of the foregoing.
Specifically, the following information is required:
(1) Application Storage Stage
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(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). Article 4. Section A (2) and Article
5. Section B (2):
(d) Description of the extent to which any watercourse will be altered or
relocated as a result of a proposed development.
( e) Elevation in relation to mean sea level of the bottom of the lowest horizontal
structural member of the lowest floor and provide a certification from a
registered engineer or architect indicating that they have developed and/or
reviewed the structural designs, specifications and plans of the construction
and certified that are in accordance with accepted standards of practice in
Coastal High Hazard Areas
(2) Construction Stage:
(a) Provide a floor elevation or flood-proofing certification after the lowest
floor is completed, or instances where the building is subject to the
regulations applicable to Coastal High Hazard Areas, after placement of the
horizontal structural members of the lowest floor,. Upon placement of the
lowest floor, or flood-proofing by whatever construction means, or upon
placement of the horizontal structural members of the lowest floor,
whichever is applicable, it shall be the duty of the permit holder to submit to
the Building Official ~ certification of the elevation of the lowest floor, or
flood-proofed elevation, or the elevation of the lowest portion of the
horizontal structural members of the lowest floor, whichever is applicable,
as built in relation to mean sea level. Said certification shall be prepared by
or under the direct supervision of a registered land surveyor or professional
engineer and certified by same. When flood proofing is utilized for a
particular building, said certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same.
Any work undertaken prior to submission of the certification shall be at the
permit holder's risk.
(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
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corrections required hereby, shall be cause to issue a stop-work order for the
project.
Section C.
DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR.
Duties of the Building Official shall include, but shall not be limited to:
(1) Rcview all development permits to assure that the permit requirements of this Ordinance
have been satisfied.
(2) Ad','ise permittee that additional Federal or State permits may be required, and if specific
Federal or State permit requirements are kno',vn, require that copies of such permits be
provided and maintained on file 'Nith the development permit.
(3) Notify adjacent communities and thc appropriate State agencies prior to any altcration or
relocation of a watercourse and submit evidence of such notification of the Federal
Emergency Management ,'\gency.
(1) }.ssure that maintenance is provided 'Nithin 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 impro','ed structures, in accordance 'Nith
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 ,^.rticle 1-
Section B(2) and Scction D(2).
(7) In Coastal High Hazard ,^.reas, certification shall be obtained from a registered
professional enginecr or architect that the structure is designed and securely anchored to
adequately anchored pilings or columns in order to 'tvithstand velocity waters and hurricanc
'.yave ','lash.
(8) In Coastal High Hazard ,^.reas, the Building Official shall revie'.v plans for adequacy of
breaka'.vay '.valls in accordance with ,^.rticle 5, Section (B)(6)(f).
(9) \Vhen flood proofing is utilized for a structure, the Building Official shall obtain
certification from a registered professional engineer or architect, in accordance with ,^.rticle
5, (B)(2) and 5(D)(2).
(10) 'Nhere interpretation is needed as to the exact location of boundaries of the areas of special
flood hazard (for example. v,here there appears to be a conflict betvieen a mapped
boundary and actHal 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.
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(11) "\Then base flood elevation data or floodway data have not been provided in accordance
'llith ,^.rticle 3, Section B, the Building Official shall obtain, review and reasonably utilize
any base flood elevation and flood'Nay data available from a Federal, State or other source,
in order to administer the provisions of /\rticle 5.
(12) ,\ll records pertaining to the provisions of this Ordinance shall be maintained in the office
of the City Clerk and shall be open for public inspection.
(1) Review permits to assure sites are reasonabl y safe from flooding:
(2) Review all development permits to assure that the permit requirements of this ordinance
have been satisfied:
(3) Require copies of additional Federal. State of Florida. or local permits. especially as they
relate to Chapters 161.053: 320.8249: 320.8359; 373.036: 380.05: 381.0065: and 553. Part
IV. Florida Statutes. be submitted along with the development permit application and
maintain such permits on file with the development permit:
(4) Notify adiacent communities. the Florida Department of Community Affairs - Division of
Emergency Management - NFIP Coordinating Office. the Federal Emergency Management
Agency. and other Federal and/or State of Florida agencies with statutory or regulatory
authority prior to any alteration or relocation of a watercourse:
(5) Assure that the flood-carrying capacity within the altered or relocated portion of any
watercourse is maintained:
(6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-
Zones) or bottom of the lowest horizontal structural member of the lowest floor (V -Zones) of
all new and substantially improved buildings. in accordance with Article 5. Section B (1) and
(2) and Section E (2). respectively:
(7) Verify and record the actual elevation (in relation to mean sea level) to which the new and
substantially improved buildings have been flood-proofed. in accordance with Article 5.
Section B (2):
(8) Review certified plans and specifications for compliance. When flood-proofing is utilized for
a particular building, certification shall be obtained from a registered engineer or architect
certifying that all areas of the building. together with attendant utilities and sanitary facilities.
below the required elevation are water tight with walls substantially impermeable to the
passage of water. and use structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy in compliance with Article 5. Section B
(2) of this ordinance. In Coastal High Hazard Areas. certification shall be obtained from a
registered professional engineer or architect that the building is designed and securely
anchored to pilings or columns in order to withstand velocity waters and hurricane wave
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wash. Additionally in Coastal Hig:h Hazard Areas. if the area below the lowest horizontal
structural member of the lowest floor is enclosed. it may be done so with open wood lattice
and insect screening or with non-supporting breakaway walls that meet the standards of
Article 5. Section E (6) of this ordinance:
(9) Interpret the exact location of boundaries of the areas of special flood hazard. When there
appears to be a conflict between a mapped boundary and actual field conditions. the
Floodplain Administrator 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;
(10) When base flood elevation data and floodway data have not been provided in accordance
with Article 3. Section B. the Floodplain Administrator shall obtain. review and reasonably
utilize any base flood elevation and floodway data available from a Federal. State of Florida.
or any other source. in order to administer the provisions of Article 5:
(11) Coordinate all change requests to the FIS. FIRM and FBFM with the requester. State of
Florida. and FEMA. and
(12) Where Base Flood Elevation is utilized. obtain and maintain records of lowest floor and
floodproofing elevations for new construction and substantial improvements in accordance
with Article 5. Sections B (1) and (2). respectively.
ARTICLE V.
PROVISIONS FOR FLOOD HAZARD REDUCTION
Section A.
GENERAL STANDARDS.
In all areas of special flood hazard the following pro'/isions are required:
In all areas of special flood hazard. all development sites including new construction and substantial
improvements shall be reasonably safe from flooding. and meet the following provisions:
(1) New construction and substantial improvements of existing structures shall be anchored to
prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads. including the effects of buoyancy;
(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.
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(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.
(11) All applicable additional Federal. State of Florida. and local permits shall be obtained and
submitted to the Floodplain Administrator along with the application for development
permit. Copies of such permits shall be maintained on file with the development permit.
State of Florida permits may include. but not be limited to. the following:
(a) In accordance with Chapter 373.036 Florida Statutes. Section (2) (a) - Flood
Protection and Floodplain Management:
(b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of
Critical State Concern. and Chapter 553. Part IV F.S.. Florida Building Code:
(c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage
Treatment and Disposal Systems: and
Cd) Department of Environmental Protection. Coastal Construction Control Line: III
accordance with Chapter 161.053 F.S. Coastal Construction and Excavation.
(12) Standards for Subdivision Proposals and other new Proposed Development (including
manufactured homes):
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(a)
Such proposals shall be consistent with the need to minimize flood damage:
(b)
Such shall have public utilities and facilities such as sewer. gas. electrical. and water
systems located and constructed to minimize or eliminate flood damage: and
(c)
hazards.
Such proposals shall have adequate drainage provided to reduce exposure to flood
(13) When proposed new construction and substantial improvements are partially located in an
area of special flood hazard. the entire structure shall meet the standards for new
construction.
(14) When proposed new construction and substantial improvements are located in multiple flood
hazard risk zones or in a flood hazard risk zone with multiple base flood elevations. the
entire structure shall meet the standards for the most hazardous flood hazard risk zone and
the highest base flood elevation.
Section B.
SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data haye been provided, as set forth
in ..^~rticle 3, Section B, or Article 1, Section C (11), the following provisions are required:
In all A-Zones where base flood elevation data have been provided (Zones AE. Al-30. A (with base
flood elevation). and AH). as set forth in Article 3. Section B. the following provisions. in addition
to those set forth in Article 5. Section A. shall apply:
(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 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 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 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 the
FEMA Floodproofing Certificate. Such certification along with the corresponding
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engineering data. and the operational and maintenance plans shall be provided to the
Floodplain Administrator. accepted standards of practice for meeting the provisions abo'.e
and shall provide such certification to the official as set forth above and in Article 1, Section
Gf9t:
(3) Elevated Buildings. Enclosures below the Lowest Floor New construction or substantial
improvements of existing elevated structures that include any fully enclosed area located
below the lowest floor elevation and formed by foundation and other exterior walls shall be
designed so as to be a flood resistant or 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. 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 of vehicles (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 the base flood elevation.
(b) All manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision must be elevated ffi so that:
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(i) The lowest floor of the manufactured home is elevated no lower
than the level of the 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
(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 .^.rticle 3, Section B,
are areas designated as floodways. .\ floodv,ay may be an extremely hazardous area due to
'/elocity 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 follmving pro',isions shall apply:
(a) Prohibit encroachments, including earthen fill, ne'tV construction, substantial
improvements and other development within the regulatory floodway unless
certification '.vith supporting technical data is provided by a registered
professional engineer demonstrating that encroachments shall not result in
any increase in flood le'/els during occurrence of the base flood discharge.
(b) Only if Article 5, Section B (5)(a) is satisfied, then all nev, construction and
substantial improvements shall comply with all other applicable flood hazard
reduction pro',isions of .^sticle 5.
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(c) Prohibit the placement of manufactured homes (mobile homes), except in an
existing manufactured homes (mobile homes) park or subdivision. /\
replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring standards of
l\rticle 5, Section ,'\(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 floodway that would result in
an increase in base flood elevations may be permitted. provided that the
applicant first applies for a conditional FIRM and floodway revision. fulfills
the requirements for such revisions as established under the mapping
provisions of Title 11 of code of Federal Regulations. Section 65.12. and
receives the appronl of FEM,^..
(5) 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:
(a) All buildings shall be located 25 feet landward of the reach of the mean high
tide;
(b) All buildings shall be elevated so that the bottom of the lowest 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 may be permitted for aesthetic purposes eflly 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
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
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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) V olume and distribution of fill will not cause wave defection to
adjacent 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~ lowest floor
elevation provided they are not part of the 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. Only open wood-latticework shall be allowed.
U) 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.
(k) Any alteration, repair, reconstruction or improvement to a structure shall not enclose
the space below the lowest floor except with lattice work or decorative screening, as
provided for in Article 5, Section B(6)(h) and (i).
(I) 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.
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(5)
(6) Standards for waterways with established Base Flood Elevations. but without Regulatory
Floodways
Located within the areas of special flood hazard established in Article 3. Section B. where
streams exist for which base flood elevation data has been provided by the Federal
Emergency Management Agency without the delineation of the regulatory floodway (Zones
AE and Al-30). the following provisions. in addition to those set forth in Article 5. Section
B (1) through (5). shall apply:
(a) 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. 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 community.
(b) Development activities 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 community's endorsement - for a conditional FIRM revision. and
receives the approval of the Federal Emergency Management Agency (FEMA).
(7) Standards for waterways with established Base Flood Elevations and Floodways.
Located within areas of special flood hazard established in Article 3. Section B. are areas
designated as floodways. Since the flood way is an extremely hazardous area due to the high
velocity of flood waters which carry debris. potential proiectiles and have significant erosion
potential. the following provisions. in addition to those set forth in Article 5. Section B (1)
through (5). shall apply:
(a) Prohibit encroachments. including fill. new construction. substantial improvements
and other developments within the regulatory floodway unless certification (with
supporting technical data) by a registered professional engineer is provided through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice demonstrating that encroachments would not result in any
increase in flood levels during occurrence of the base flood discharge.
(c) Development activities including new construction and substantial improvements
within the regulatory floodway that increase the base flood elevation may be
allowed. provided that the developer or applicant first applies - with the
community's endorsement - for a conditional FIRM revision. and receives the
approval of FEMA.
(d) When fill is proposed. III accordance with the permit issued by the Florida
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Department of Health. within the regulatory floodway. the development permit shall
be issued only upon demonstration by appropriate engineering analyses that the
proposed fill will not increase the water surface elevation of the base flood in
accordance with Article 5. Section B (7) (a).
(8) For all structures located seaward of the Coastal Construction Control Line (CCCL). the
lowest floor of all new construction and substantial improvements shall be elevated to no
lower than the lOa-year flood elevation established by the Florida Department of
Environmental Protection or by FEMA in accordance with Article 3. Section B. whichever is
higher. All non-elevation design requirements of Article 5. Section B shall apply.
Section C.
STANDARDS FOR A ZONES 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) 'A'hen base flood elevation data or ill!d floodway data have not been provided in accordance
with ,^..rticle 3, Section B, then the Building Official shall obtain, review and reasonably
utilize any base flood elevation and flood'.vay data available from a Federal, State or other
source, in order to administer the provisions of ,'\rticlc 5
(a) Obtain the elevation (in relation to the mean sea level) of the 1000vest floor (including
the basement) of all neVi and substantially improyed structures,
(b) Obtain, if the structure has been flood proofed in accordancc with the rcquircments
of this ordinance, the eleyation in relation to the mean sea level to which thc structure
has been flood proofed, and
(c) Maintain a record of all such information with the official designated in ,^.rticle 3,
Section C.
(2) Notify, in reverine situations, adjaccnt communities and the state Coordinating Office prior
to any alternation or relocation of a watercourse, and submit copies of such notifications to
FEMA.
(3) ,^..ssure that the flood carring capacity 'Nithin the altered or relocated portion of any
v,'atercourse is maintained.
( 1) Manufactured homes shall be installed using mcthods and practices that minimizc flood
damage. They must be ele'.'ated and anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but not limited to, use of o','er the top or
framc tics to ground anchors. This requiremcnt is in addition to applicable State and local
an.choring requirements for resistin.g '.vind forces.
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'Nhen the data is not available from any source as in paragraph (1) of this section, all ne''v
subdivision proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres, 'Nhichever is the
lesser, shall be required to include within such proposals base flood elevation data.
(1) Require standards of Article 5. Section A.
(2) Require that 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. include within such proposals base flood elevation data. Standards
set forth in Article 5. Section B shall apply.
(3) The Floodplain Administrator shall obtain. review. and reasonably utilize any base flood
elevation and floodway data available from a Federal. State of Florida. or any other source.
in order to administer the provisions of this ordinance. When such data is utilized.
provisions of Article 5. Section B shall apply. The Floodplain Administrator shall:
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.
b) Obtain. if the structure has been floodproofed in accordance with the requirements of
Article 5. Section B (2). 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.
(4) Notify. in riverine situations. adiacent communities. the Florida Department of Community
Affairs - NFIP Coordinating Office. and the prior to any alteration or relocation of a
watercourse. and submit copies of such notifications to FEMA.
(5) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(6) Manufactured homes shall be installed using methods and practices that minimize flood
damage. They must be elevated and anchored to prevent flotation. collapse. and lateral
movement. Methods of anchoring may include. but are not limited to. use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable State of Florida
and local anchoring requirements for resisting wind forces.
(7) When the data is not available from any source. in accordance with standard set forth in
Article 5, Section C (2) of this Section. the lowest floor of the structure shall be elevated to
no lower than above the highest adiacent grade. Standards set forth in Article 5. Section B
shall apply.
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STANDARDS FOR STREAMS WITH ESTABLISHED BASE FLOOD
ELEV ATION WITHOUT REGULARORY FLOODW A YS.
Section D.
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.
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') 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) 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
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hydrodynamic loads and effects of buoyancy. Certification is required as
state in Article 5, Section B(2).
(3) Adequate drainage paths around structures shall be provided on slopes to guide water away
from structures.
(4) Fully enclosed areas below the lowest floor that are subiect to flooding shall meet the non-
elevation design requirements of Article 5. Section B.
Section F
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.
Section G
ST ANDARDS FOR COASTAL HIGH HAZARD AREAS (V -ZONES)
Located within areas of special flood hazard established in Article 3. Section B are Coastal High
Hazard Areas. designated as Zones Vl-30. VE. or V (with BFE). The following provisions shall
~
(1) Meet the standards of Article 4. Section A. and Article 5, Sections A. B (except B (7)). C.
andD.
(2) All new construction and substantial improvements in Zones V1-V30. VE. and V (with
BFE) shall be elevated on pilings or columns so that:
a) The bottom of the lowest horizontal structural member of the lowest floor (excluding
the pilings or columns) is elevated to no lower than the base flood elevation whether
or not the structure contains a basement: and
b) The pile or column foundation and structure attached thereto is anchored to resist
flotation. collapse. and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Water loading will be those
values associated with the base flood. Wind loading values will be those required by
applicable State of Florida or local. if more stringent than those of the State of
Florida. building standards.
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c) For all structures located seaward of the Coastal Construction Control Line (CCCL).
the bottom of the lowest horizontal structural member of the lowest floor of all new
construction and substantial improvements shall be elevated to the lOa-year flood
elevation established by the Florida Department of Environmental Protection or the
base flood elevation. whichever is the higher.
(3) A registered professional engineer or architect shall develop or review the structural design.
specifications and plans for the construction. and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this Section.
(4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal
structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures. The Floodplain Administrator shall maintain a record of
all such information.
(5) All new construction and substantial improvements shall be located landward of the reach of
mean high tide.
(6) Provide that all new construction and substantial improvements have the space below the
lowest floor either free of obstruction or constructed with nonsupporting breakaway walls.
open wood lattice-work. or insect screening intended to collapse under wind and water loads
without causing collapse. displacement. or other structural damage to the elevated portion of
the building or supporting foundation system. For the purpose of this section. a breakaway
wall shall have a design safe loading resistance of not less than 10 and no more than 20
pounds per square foot. Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so required by State of
Florida or local codes) may be permitted only if a registered professional engineer or
architect certifies that the designs proposed meet the following conditions:
a) Breakaway wall collapse shall result from water load less than that which would
occur during the base flood; and
b) The elevated portion of the building and supporting foundation system shall not be
subiect to collapse. displacement. or other structural damage due to the effects of
wind and water loads acting simultaneously on all building components (structural
and nonstructural). The water loading shall be those values associated with the base
flood. The wind loading values shall be those required by applicable Florida or local.
if more stringent than those of the State of Florida. building standards.
(c) Such enclosed space shall be useable solely for parking of vehicles. building access.
or storage.
(7) Prohibit the use of fill for structural support. No development permit shall be issued for
development involving fill in coastal high hazard areas unless it has been demonstrated
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-
through appropriate engineering analyses that the subiect fill does not cause any adverse
impacts to the structure on site or other properties.
(8) Prohibit man-made alteration of sand dunes and mangrove stands that would increase
potential flood damage.
(9) Standards for Manufactured Homes
(a) All manufactured homes to be placed or substantially improved on sites: (i) Outside a
manufactured home park or subdivision. (ii) In a new manufactured home park or
subdivision. (iii) In an expansion to an existing manufactured home park or
subdivision. or. (iv) In an existing manufactured home park or subdivision in which a
manufactured home has incurred "substantial damage" as the result of a flood. must
meet the standards of Article 5. Section E (2) though (8). or
(b) All manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision shall meet the requirements of
Article 5. Section B (4) (b).
(10) Recreational vehicles placed on sites within Zones VE. V1-V30. V (with base flood
elevation) on the FIRM either
(a) Be on the site for fewer than 180 consecutive days.
(b) Be fully licensed and ready for highway use (on its wheels or iacking system. is
attached to the site only by quick disconnect type utilities and security devices. and
has no permanently attached additions): or
(c) Meet the requirements of Article 5. Section E (2) through (8).
(11) For all structures located seaward of the Coastal Construction Control Line (CCCL). the
bottom of the lowest horizontal structural member of the lowest floor of all new construction
and substantial improvements shall be elevated to the flood elevation established by the
Florida Department of Environmental Protection or the base flood elevation whichever is
higher. All non-elevation design requirements Article 5. Section E (2) through (10) shall
mmlY:.
(12) When fill is proposed. in accordance with the permit issued by the Florida Department of
Health. in coastal high hazard area. the development permit shall be issued only upon
demonstration by appropriate engineering analyses that the proposed fill will not increase the
water surface elevation of the base flood nor cause any adverse impacts to the structure on
site or other properties by wave ramping or deflection.
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ARTICLE VI.
VARIANCE PROCEDURES.
Section A.
DESIGNATION OF VARIANCE AND APPEALS BOARD.
The City Commission shall hear and decide appeals and requests for variances from the
requirements of this Ordinance.
Section B.
DUTIES.
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.
Any person or entity aggrieved by the decision of the City Commission may appeal such
decision to the Circuit Court, pursuant to the Florida Rules of Civil Procedure.
Section D.
VARIANCE PROCEDURES.
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:
(1) The danger that materials may be swept onto other lands to the injury of
others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity of a facility to a waterfront location, III the case of a
functionally dependent use;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated
development;
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(8) The relationship of the proposed use to a comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at
the site; and
(11) The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems, and streets and bridges.
Section E. CONDITIONS FOR VARIANCES.
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.
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.
Conditions for Variances from this Ordinance:
ill 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.
.ou 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.
V ARIANCE NOTIFICATION.
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Any applicant to whom a variance is granted shall be given written notice
over the signature of a community official that:
(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.
The Building Official will maintain a record of all variance actions, including
justification 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.
Section H.
STRUCTURES IN REGULATORY FLOODWAY.
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
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 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-lettered to accomplish such intentions
and that the word "Ordinance" shall be changed to "Section" or other appropriate word.
Section C. Effective Date. This Ordinance shall become effective ten (10) days after adoption
on second reading.
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PASSED AND ADOPTED on first reading the ~day of ..3u. L-l( ,2009.
PASSED AND ADOPTED on second reading this t OJ,1,. day of S~M~~ 2009.
ATT'EST:
1~~ut~
,
.'~ A~
Jane A. Hines, CMC, City Clerk
, .
.)
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
7
Motion on second reading by: \/, ~~Y' ~r'rt-~e.
Vote: 5-0
Second on second reading by: C~~16I'1€e. <d:6orvrttN
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
v (Yes)
--v:r (Yes)
V (Yes)
v... (Yes)
V (Yes)
(No)
(No)
(No)
(No)
(No)
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Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Clayton L. Parker, Building Official/Flood Plain Manager
DATE:
7/16/2009
RE:
An ordinance amending existing regulations of Chapter 161 of the City of
Sunny Isles Beach Code to incorporate any additional requirements of
Paragraph 60.3 (e) of the NFIP regulations.
RECOMMENDATION:
Staff recommends the City Commission adopts this ordinance which amends the existing
Flood Damage Prevention regulations as set forth in Chapter 161 of the City of Sunny
Isles Beach Code to incorporate any additional requirements of Paragraph 60.3 (e) of the
NFIP regulations as mandated by FEMA.
REASONS:
On August 24, 2007, the Department of Homeland Security's Federal Emergency
Management Agency (FEMA) provided our community with Preliminary copies of
revised Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for
the City of Sunny Isles Beach. Because of the modifications to the FIRM and FIS report
for our community made by this map revision, certain additional requirements must be
met under Section 1361 of the 1968 Act, prior to September 11,2009.
The City of Sunny Isles Beach is required, as a condition of continued eligibility in the
National Flood Insurance Program (NFIP) to adopt or show evidence of adoption of
floodplain management regulations that meet the standards of Paragraph 60.3 (e) of the
NFIP regulations. The modifications are pursuant to Section 206 of the Flood Disaster
protection Act of 1973 (Public Law 93-234) in accordance with the National Flood
Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development
Act of 1968, Public Law90-448) 42 U.S.C. 4001-4128, and 44 CFR Part 65.
ATTACHMENTS:
. Ordinance
Date
'1A
GJ-=Jo-o9
Agenda Item
http://sibagenda.sibfl.net/agendalPreview .aspx?l temID=65&MeetingID: