HomeMy WebLinkAboutO-1977-165 I
ORDINANCE NO. 165
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
ENACTING AND ORDAINING AN ORDINANCE TO BE
KNOWN AND CITED AS THE "FLOOD DAMAGE PRE-
VENTION
FLORIDA; QAND N ANCE" OF THE I TY OF A
WHICH CONTAINS ARIOUSDEF�
INITIONS , FINDINGS OF FACTS , STATEMENT OF
PURPOSE AND OBJECTIVES; AND SETTING FORTH
THE APPLICABLE LANDS , PERMIT REQUIREMENT,
COMPLIANCE, ABROGATION AND GREATER RESTRIC-
TIONS , INTERPRETATION, WARNING AND DISCLAIMER
OF LIABILITY, PENALTIES FOR VIOLATIONS , AD-
MINISTRATION, DESIGNATION OF THE ADMINISTRATION,
DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATION,
PERMIT PROCEDURES , VARIANCE PROCEDURES, PRO-
VISIONS FOR FLOOD HAZARD REDUCTION, GENERAL
STANDARDS , SPECIFIC STANDARDS AND STANDARDS FOR
SUBDIVISION PROPOSALS ; AND PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS , as provided in Article VIII , Section 2(b) of the
Constitution of the State of Florida, the Legislature of State of
Florida has in and by its enactment of Chapter 166, Florida Statutes
known and cited as the "Municipal Home Rule Powers Act" delegated the
responsibility to local governmental units to adopt regulations
designed to promote public health, safety and general welfare of its
citizenry.
WHEREAS , the City Commission of the City of Dania, Florida,
has found:
1 . The flood hazard areas of City of Dania are
subject to periodic inundation which results in
loss of life, 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 .
2 . These flood losses are caused by the cumulative
ieffect of obstructions in flood plains causing
increases in flood heights and velocities , and by
the occupancy in flood hazard areas by uses vul-
nerable to floods or hazardous to other lands which
are inadequately elevated, flood-proofed, or
1 otherwise protected from flood damages .
WHEREAS , the City Commission of the City of Dania, Florida
has determined that the purpose of the adoption of this ordinance is
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to Promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in
specific areas by provisions designed to :
1. restict or prohibit uses which are dangerous
to health, safety and Property due to water or
erosion or in flood heights or velocities ;
2. require that uses vulnerable to floods , in-
cluding facilities which serve such uses , be
Protected against flood damage at the time of
initial construction;
3 . control the alteration of natural flood plains ,
stream channels , and natural protective barriers
which are involved in the accomodation of flood
waters ;
4. control filling, grading, dredging and other
development which may increase erosion or flood
damage; and
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5. prevent or regulate the construction of flood
I barriers which will unnaturally divert flood waters
or which may increase flood hazards to other lands .
WHEREAS , the City Commission of the City of Dania, Florida,
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has established as its objectives in the adoption of this ordinance
the following :
1. to protect human life and health;
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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 , streets and bridges
located in flood plains ;
6 . to help maintain a stable tax base by providing
for the sound use and development of flood prone
i areas in such a manner as to minimize future flood
j blight areas ; and,
7 . to insure that Potential home buyers are notified
that property is in a flood area.
NOW, THEREFORE , IN ORDER TO ACCOMPLISH ALL OF THE FOREGOING,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA:
Section 1 . That for the accomplishment of the purposes and
objections as set forth hereinabove this ordinance which shall be
known and cited as the "Flood Damage Prevention Ordinance" is hereby J
promulgated, enacted and ordained to read, after the effect of such
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promulgation, enactment and ordainment , as follows , to-wit :
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ARTICLE 1 . DEFINITIONS .
Unless specifically defined below, words or phrases used in this
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ordinance shall be interpreted so as to give them the meaning they
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have in common usage and to give this ordinance its most reasonable j
application.
(a) "Appeal" means a request for a review of the City' s Building
Official ' s interpretation of any provision of this ordinance or a
j request for a variance .
(b) "Area of special flood hazard" is the land in the flood plain
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within a I community subject to a one subj percent or greater chance of
flooding in any given year.
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(c) "Base flood" means the flood having a one percent chance of being
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(d) "Development" means any man-made change to improved or unimproved
1 real estate, including, but not limited to, buildings or other
structures , mining , dredging, filling, grading, paving, excavation
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a or drilling operations .
(e) "Existing mobile home park or mobile home subdivision" means a
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parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
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.,, facilities for servicing the lot on which the mobile home is to be
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j affixed (including, at a minimum, the installation of utilities ,
j either final site grading or the pouring of concrete pads , and the
construction of streets) is completed before the effective date of
this ordinance.
(f) "Expansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the con-
struction of facilities for servicing the lots on which the mobile
homes are to be affixed (including the installation of utilities,
either final site grading or pouring of concrete pads , or the
construction of streets) .
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(g) "Flood" or "flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters ;
(2) the unusual and rapid accumulation or
runoff of surface waters from any source .
(h) "Flood Hazard Boundary Map (FHBM) " means an official map of a
community, issued by the Federal Insurance Administration, where
the boundaries of the areas of special flood hazard have been
designated as Zone A.
(i) "Flood Insurance Rate Map (FIRM) " means an official map of a
community, on which the Federal Insurance Administration has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community .
I (j) "Flood Insurance Study" is the official report provided by the
Federal Insurance Administration. The report contains flood profiles ,
j as well as the Flood Hazard Boundary-Floodway Map and the water
surface elevation of the base flood.
(k) "Habitable Floor" means any floor usable for living purposes ,
which includes working, sleeping, eating , cooking or recreation, or
a combination thereof. A floor used only for storage purposes is
not a "habitable floor. "
(1) "Mean Sea Level" means the average height of the sea for all
stages of the tide.
(m) "Mobile Home" means a structure, transportable in one or more
sections , which is built on a permanent chassis and designed to be
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used with or without a permanent foundation when connected to the
required utilities . It does not include recreational vehicles or
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travel trailers .
(n) "New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
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Iordinance .
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(o) "New mobile home park or mobile home subdivision" means a parcel
(or contiguous parcels) of land divided into two or more mobile home
lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile home is to be affixed (including,
at a minimum, the installation of utilities , either final site grading
or the pouring of concrete pads , and the construction of streets)
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is completed on or after the effective date of this ordinance.
(p) "Start of construction" means the first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond the stage
of excavation, including the relocation of a structure . Permanent
construction does not 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 as part of
the main structure. For a structure (other than a mobile home)
without a basement or poured footings , the "start of construction"
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includes the first permanent framing or assembly of the structure or
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any part thereof on its piling or foundation. For mobile homes not
within a mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to its permanent
site. For mobile homes within mobile home parks or mobile home
subdivisions , "start of construction" is the date on which the
construction of facilities for servicing the site on which the mobile
home is to be affixed (including, at a minimum, the construction of
streets , either final site grading or the pouring of concrete pads ,
and installation of utilities) is completed.
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(q) "Structure" means a walled and roofed building that is principally
above ground, as well as a mobile home .
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(r) "Substantial improvement" means , for a structure built prior
to the enactment of this ordinance, any repair, reconstruction, or
improvement of a structure , the cost of which equals or exceeds
fifty percent of the market value of the structure either, (1) before
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the improvement or repair is started, or (2) if the structure has
been damaged and is being restored, before the damage occurred. For
the purposes of this definition "substantial improvement" is con-
sidered 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
structure. The term does not, however, include either (1) any project
for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions , or (2) any alteration of
a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places .
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j (s) "Variance" is a grant of relief to a person from the requirements
of this ordinance which permits construction in a manner otherwise
prohibited by this ordinance where specific enforecement would
result in unnecessary hardship.
ARTICLE 2. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard within
the jurisdiction of the City of Dania, Florida.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance
Administration in its Flood Insurance Rate Map (FIRM) , #120034, dated
June 28, 1974, and any revisions thereto are adopted by reference
and declared to be a part of this ordinance .
! SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
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A Development Permit shall be required in conformance with the
provisions of this ordinance .
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SECTION D. COMPLIANCE
No structure or land shall hereafter be located, extended, converted,
or structurally altered without full compliance with the terms of
this ordinance and other applicable regulations .
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements , covenants , or deed restrictions . However, where
this ordinance and another conflict or overlap , whichever imposes
the more stringent restrictions shall prevail .
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance all provisions
shad be : (1) considered as minimum requirements ; (2) liberally
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construed in favor of the governing body; and (3) deemed neither to
{ limit nor repeal any other powers
� p granted under state statutes .
I SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is con-
sidered reasonable for regulatory g y purposes and is based on scientific i
and engineering considerations . Larger floods can and will occur on
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rare occasions . Flood heights may be increased by man-made or natural
causes . This ordinance does not imply that land outside the areas
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f of special flood hazard or uses permitted ed within such areas wil
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free from flooding or flood damages . This ordinance shall not create
liability on the part of the City of Dania, Florida, or by any
officer or employee thereof for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully
made thereunder.
SECTION H. PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply
with any of its requirements , including violation of conditions and
safeguards established in connection with grants of variance or
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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
$ or imprisoned for not more than
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. Nothing herein contained shall prevent the City
of Dania, Florida , from taking such other lawful action as is
necessary to prevent or remedy any violation.
ARTICLE 3. ADMINISTRATION
SECTION A. DESIGNATION OF BUILDING OFFICIAL
The Building Official is hereby appointed to administer and implement
the provisions of this ordinance .
SECTION B . DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
Duties of the Building Official shall include , but not be limited to :
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(1) Review all development permits to assure
that the permit requirements of this ordinance
have been satisfied.
(2) Advise permittee that additional federal or
state permits may be required, and if specific
federal or state permits are known, require that
copies of such permits be provided and maintained
on file with the development permit .
(3) Notify adjacent communities and the Florida
Department of Community Affairs prior to any
alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal
Insurance Administration.
(4) Assure that maintenance is provided within the
altered or relocated portion of said watercourse so
that the flood carrying capacity is nog diminished .
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(5) Verify and record the actual elevation (in
j relation to mean sea level) of the lowest floor
(including basement) of all new or substantially
i improved structures .
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in
relation lto mean fy and rsea rlevel)d the atouwhiche the al 1new(or
j substantially improved structures have been flood-
proofed.
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(7) When flood-proofing is utilized for a 1
particular structure, the Building Official
shall obtain certification from a registered
professional engineer or architect .
(8) Where interpretation is needed as to the
exact location of the boundaries of the areas of
special flood hazard (for example , where there
appears to be a conflict between a mapped boundary
and actual field conditions) the Building Official
shall make the necessary interpretation. The
person contesting the location of the boundary
shall be given a reasonable opportunity to appeal
the interpretation as provided in this article .
(9) All records pertaining to the provisions of
this ordinance shall be maintained in the office
of the Building Official and shall be open for
public inspection .
SECTION C. PERMIT PROCEDURES
Application for a Development Permit shall be made to the Building
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Official on forms furnished by him 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 , fill storage of materials ;
, i drainage facilities , and the location of the foregoing . Specifically,
the following information is required :
(1) Elevation in relation to mean sea level of
the lowest floor (including basement) of all
structures
(2) Elevation in relation to mean sea level to
which any non-residential structure has been
flood-proofed
(3) Provide a certificate from a registered pro-
fessional engineer or architect that the non-
residential flood-proofed structure meets the
flood-proofing criteria in Article 5 , Section B(2) .
(4) Description of the extent to which any
watercourse will be altered or relocated as a
result of proposed development
SECTION D. VARIANCE PROCEDURES
j (1) The City Planning and Zoning Board as established
by the City Commission of the City of Dania, Florida
shall hear and decide appeals and requests for
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variances from the requirements of this ordinance .
(2) The City Planning and Zoning Board shall hear
and decide appeals when it is alleged there is an
error in any requirement , decision, or determination
made by the Building Official in the enforcement or
administration of this ordinance .
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(3) Any person aggrieved by the decision of
the City Planning and Zoning Board or any
taxpayer may appeal such decision to the Circuit
Court of Broward County, Florida, as provided
in Florida Statutes .
(4) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed
on the National Register of Historic Places or the
State Inventory of Historic Places without regard
to the procedures set forth in the remainder of
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this section.
(5) In passing upon such applications , the City
Planning and Zoning Board shall consider all
technical evaluations , all relevant factors ,
standards specified in other sections of this
ordinance, and:
(a) the danger that materials may be swept
onto other lands to the injury of others ;
(b) the danger to life and property due to
flooding or erosion damage;
f susceptibility
facility anditslconten f tstoh flood pdamage and
the effect of such damage on the individual
owner;
(d) the importance of the services provided
by the proposed facility to the community;
(e) the necessity to the facility of a
waterfront location, where applicable;
(f) the availability of alternative locations ,
not subject to flooding or erosion damage,
for the proposed use;
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(g) the compatability of the proposed use with
,. existing and anticipated development;
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(h) the relationship of the proposed use to !
the comprehensive plan and flood plain F
jmanagement program for that area;
(i) the safety of access to the property in
times of flood for ordinary and emergency
vehicles ; g y
'333! U) 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,
(k) 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
S water systems , and streets and bridges .
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(1) Generally, variances may be issued for I
new construction and substantial improvements
to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by
lots with existing structures constructed
below the base flood level, providing item
(a-k) have been fully considered. As the lot
size increases beyond the one-half acre, the
technical justification required for issuing
I the variance increases .
(6) Upon consideration of the factors listed
above and the purposes of this ordinance, the City
Planning and Zoning Board may attach such conditions
to the granting of variances as it deems necessary
to further the purposes of this ordinance.
{ (7) Conditions for Variances
(a) Variances shall only be issued upon a
determination that the variance is the
minimum necessary, considering the flood
hazard, to afford relief.
(b) Variances shall only be issued upon (i)
a showing of good and sufficient cause; (ii)
a determination that failure to grant the
variance would result in exceptional hardship
to the applicant; and, (iii) a determination
j that the granting of a variance will not
result in increased flood heights , additional
threats to public safety, extraordinary
public expense, create nuisances , cause fraud
on or victimization of the public, or conflict
with existing local laws or ordinances .
(c) Any applicant to whom a variance is
granted shall be given written notice spec-
ifying the difference between the base flood
elevation and the elevation to which the
structure is to be built and stating that the
cost of flood insurance will be commensurate
with the increased risk resulting from the
reduced lowest floor elevation.
(d) The City Building Official shall maintain
the records of all appeal actions and report
any variances to the Federal Insurance Admini-
stration upon request.
ARTICLE 4. PROVISIONS FOR FLOOD HAZARD REDUCTION
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i SECTION A. GENERAL STANDARDS
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In all areas of special flood hazard the following provisions
are required;
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse
or lateral movement of the structure .
(2) All new construction and substantial improvements
j shall be constructed with materials and utility
equipment resistant to flood damage.
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(3) A11 new construction or substantial improvements
shall be constructed by methods and practices that
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minimize flood damage..
(4) All new and replacement water supply systems
i shall be designed to minimize or eliminate infiltration
of flood waters into the system.
(5) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate in-
filtration of flood waters into the systems and j
discharges from the systems into flood waters .
(6) On-site waste disposal systems shall be
located to avoid impairment to them or contami-
nation from them during flooding.
(7) Any alteration, repair, reconstruction, or
improvements to a structure on which the start of
construction was begun after the effective date of
this ordinance , shall meet the requirements of
"new construction" as contained in this ordinance .
J SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation
data has been provided, as set forth in Article 2 , Section
B, the following provisions are required:
(1) Residential Construction - New construction
or substantial improvement of any residential
structure shall have the lowest floor, including
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basement, elevated to or above base flood elevation.
(2) Non-residential Construction - New construction
or substantial improvement of any commercial ,
industrial or other non-residential structure
shall either have the lowest floor, including
basement, elevated to the level of the base flood j
. a elevation or, together with attendant utility and
sanitary facilities , be flood-proofed so that
below the base flood level the structure is water
tight with walls substantially impermeable to the
passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyance. A
registered professional engineer or architect
shall certify that the standards of this subsection i
are satisfied. Such certification shall be
provided to the official as set forth in Article
i 3, Section C (3) .
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(3) Mobile Homes
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(a) No mobile home shall be placed in a
floodway or Coastal High Hazard Area, except
in an existing mobile home park or existing
mobile home subdivision.
(b) All mobile homes shall be anchored to
resist flotation, collapse, or lateral movement
by providing over-the-top and frame ties to
ground anchors . Specific requirements shall
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be that :
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a
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at)eac Of Oheendhe-top ties be provided
17 one additional the
mobile home, with
intermediate locationroside at an
Of less than fifty mobile homes
tional tie feet and one addi-
of fift per side for mobile homes
Y feet or more.
(li) frame
corner Of ties be provided at each
ties the home with four additional
Mobile side at intermediate points for
homes less than and one additional tie fifty feet long
Of fifty feet or for mobile homes
Longer;
(iii) all com
system be Ple Ofs of the anchoring
4, 800 Pounds; and of carrying a force of
similarly additions to the mobile home be
y anchored.
(c) For new
mobile home parks and subdivisions ;
expansions to existing mobile home
divisions; for existing
existingfor
divisions where the mobile
home Parks
and sub-
improvement YePair, rechome uti P arks and sub-
or exceeds if fifty percentStreevalue
and pads equals
utilities andit
°T im roveand pads before the re aO the streets ,
P has co and reconstruction
not placed in a mobile homed
require : park orfsubdiviaionomes
j (i) stands or lots are elevated on
Pacted fill or on
Pilings so that the
lowest floor of Om-
at or above the the mobile home will be
base flood level;
for adequate surface drainage
a hauler are provided; and, and access
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(iii) in the instance of
pilings ; (1) lots are large ation on
elev
Permit steps 2 fo enough to
Placed in stable) piling foundations are
"• apart; and, soil no more than ten
for pilin s (3) reinforcement is feet
ground level more than six feet abovevided f
SECTION C. STANDARDS FOR S UBDIVISION PROPOSALS F
(1) All subdivision the need to minimize flo odsdamagshall e .
be consistent with
(2) All Subdivision
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utilities and facilities such s shall have +'and water systems located and as sewer, public
flood damage. constructed electrical
i minimize
drainage providedlto ron ed shall have reduce exposure adequate ,
(4) Base flood elevation to flood hazards , e
subdivision proposals data shall be Which is greater than and Other Provided for
five the lesser development
acres , of fift `
Y Lots Or
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Section 2. That all resolutions or parts of resolutions
and all ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section 3. That this ordinance shall be in force and take
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effect immediately upon its passage and adoption. j
PASSED and ADOPTED on First Reading on the 27th day of
December , 1977 .
PASSED and ADOPTED on Second and Final Re,,ding on the 27th
day of December, 1977 .
�1AYOR - COMMISSIONER
ATTEST:
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CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTIVENESS
CITY ATTORNEY- CITY OF DANIA FLORIDA
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