HomeMy WebLinkAboutO-2002-045 ORDINANCE NO. 2002- 045
AN ORDINANCE OF THE CITY OF DANIA BEACH FLORIDA
AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES,
WHICH CHAPTER IS ENTITLED "FLOOD DAMAGE PREVENTION"
AMENDING SECTION 12-5 ENTITLED "DEFINITIONS"; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Section 12-5, entitled "Definitions" (of Chapter 12 of the Code of
Ordinances of the City of Dania Beach, which Chapter is entitled "Flood Damage
Prevention") is amended to include the following additional definitions:
Critical Facility means a facility for which even a slight chance of flooding might
be too great. Critical facilities include, but are not limited to schools, nursing
homes, hospitals, police, fire and emergency response installations, installations
which produce, use or store hazardous materials or hazardous waste.
Encroachment means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain,
which may impede or alter the flow capacity of a floodplain.
Floodplain Management Administrator is the individual appointed to administer
and enforce the floodplain management regulations.
Hardship (as related to variances of this ordinance) means the exceptional
hardship that would result from a failure to grant the requested variance. The
{governing body) 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.
Increased Cost of Construction (ICC) means the cost to repair a substantially
damaged building that exceeds the minimal repair cost and that is required to
bring a substantially damaged building into compliance with the local flood
damage prevention ordinance. ICC insurance coverage is provided in a standard
(NFIP) flood insurance policy.
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ORDINANCE NO. 2002-045
Lowest adjacent grade 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 means 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 nonelevation design standards of this
ordinance.
Manufactured home park 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, excluding the land (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 independent certified appraisal,
replacement cost depreciated by age of building (Actual Cash Value) or adjusted
assessed values.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization, bridge,
conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure,
vegetation or other material in, along, across or projecting into any watercourse
which may alter, impede, retard or change the direction and/or velocity of the flow
of water, or due to its location, its propensity to snare or collect debris carried by
the flow of water, or its likelihood of being carried downstream.
Public safety and nuisance, anything which is injurious to safety or health of an
entire community or 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.
Regulatory flood way means 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 one foot.
Repetitive Loss 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 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.
Special Flood Hazard Area (SFHA) (see Area of Special Flood Hazard) means
an area having special flood hazard and shown on a FHBM or FIRM as Zone A,
AO, Al-A30, AE, A99, orAH.
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ORDINANCE NO. 2002-045
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 50 percent of the market value of the structure before the
damage occurred. [Substantial damage also means flood-related damages
sustained by a structure on two separate occasions during a 10-year period for
which the cost of repairs at the time of each such flood event, on the average,
equals or exceeds 25 percent of the market value of the structure before the
damage occurred.]* *Optional but required for /CC eligibility for substantially
damaged buildings.
Section 2. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
Section 3. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. That this ordinance shall be in force and take effect immediately upon
adoption.
® PASSED AND ADOPTED on first reading on October 8, 2002.
PASSED AND ADOPTED on second reading on October 22, 2002.
RT B RO H. CHUNN, JR.
MAY R — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO — OUT OF ROOM
CAA��_ COMMISSIONER MCELYEA -ABSENT
CHARLENEJCUNSON COMMISSIONER MIKES -YES
CITY CLERK VICE-MAYOR FLURY -YES
MAYOR CHUNN -YES
APPROVED AS TP M AND CORRECTNESS:
BY: I I
THOMAS J. ANSBRO
CITY ATTORNEY
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ORDINANCE NO. 2002-045
AGENDA REQUEST FORM
CITY OF DANIA BEACH
•
AGENDA ITEM NO.
41 1/
1. DATE OF COMMISSION MEETING: 10/08/02
2. DESCRIPTION OF AGENDA ITEM: 2ND READING ORDINANCE
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND READING
4. SUMMARY EXPLANATION & BACKGROUND:
REVISIONS TO CHAPTER 12, FLOOD PREVENTION—DEFINITIONS
5. Attached Exhibits and additional backup materials (please list):
STAFF MEMORANDUM
ORDINANCE
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF
Submitted by: Date
Kenneth Koch, Building Official October 7, 2002
Growth Management Department
City Manager Date
r Memorandum
To: Ivan Pato, City Manager
From: Ken Koch, Building Official
Date: 9/20/2002
Re: Revisions to Chapter 12, Flood Prevention
The city was the subject of a cyclic review (Community Assistance Contact) by the
State of Florida Department of Community Affairs, Division of Emergency
Management in June of this year. One of the findings as a result of this visit was that
our Flood Prevention Ordinance was deficient in the area of definitions. The state
representative stated specifically that the term "Lowest Floor" was missing and
should be added to the ordinance. A copy of the latest Model Ordinance was
included for my review.
I have examined the ordinance provided and find that many definitions are in this
version that are not in the version that Dania adopted in 1983. This can be explained
by noting that the copy of this latest ordinance shows a date of adoption by the state
of July 1999.
I recommend that those certain definitions that are in the latest model ordinance that
are not currently in the Dania Beach ordinance be adopted. A list of the definitions is
in the attached proposed ordinance.
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
• ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania
Beach, Florida, on October 22, 2002, at 7:00 p.m. or as soon thereafter as the
matter may be heard, will conduct a public hearing in the City Commission
Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard,
Dania Beach, Florida to consider the proposed adoption of the following
Ordinances entitled:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES,
WHICH CHAPTER IS ENTITLED "FLOOD DAMAGE PREVENTION"
AMENDING SECTION 12-5 ENTITLED, <"DEFINITIONS"; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO THE REMOVAL AND DISPOSAL OF LANDSCAPING
MATERIALS (SUCH AS GRASS AND WEED CLIPPINGS) FROM
PRIVATE PROPERTY TO PREVENT INTERFERENCE WITH THE USE
OF PUBLIC STREETS, SIDEWALKS AND STORM DRAIN SYSTEMS;
AMENDING CHAPTER 17 OF THE CITY CODE OF ORDINANCES,
WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" TO
CREATE SECTION 17-25 OF THE CODE OF ORDINANCES, TO BE
ENTITLED "REMOVAL OF LANDSCAPING MATERIALS FROM
PRIVATE PROPERTY"; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
A copy of these proposed Ordinances are on file in the Office of the City Clerk,
City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be
inspected by the public during normal working hours.
Interested parties may appear at the aforesaid meeting and be heard with
respect to the proposed. Any person who decides to appeal any decision made
by the City Commission with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to ensure that
a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing
assistance to participate in any of the proceedings should contact Charlene
Johnson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida
33004, (954) 924-3622 at least 48 hours prior to the meeting.
/s/ Charlene Johnson, CMC
City Clerk
• Run in Sun Sentinel: October 11, 2002