HomeMy WebLinkAboutO-1983-018 •
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ORDINANCE NO. 18
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING IN ITS ENTIRETY ORDINANEI NO. 165
AS PASSED AND ADOPTED ON DECEMBER 27, 1977 , }TO BE KNOWN AND CITED AS THE "FLOOD DAMAGE
PREVENTION ORDINANCE" OF THE CITY OF DANIA,
FLORIDA; AND WHICH CONTAINS VARIOUS DEFINI-
TIONS, FINDINGS OF FACTS, STATEMENT OF PUR-
POSE AND OBJECTIVES ; AND SETTING FORTH THE i
APPLICABLE LANDS, PERMIT REQUIREMENT, COM-
PLIANCE, ABROGATION AND GREATER RESTRICTIONS , q INTERPRETATION, WARNING AND DISCLAIMER OF
LIABILITY, PENALTIES FOR VIOLATIONS , ADMINIS-
TRATION, DESIGNATION OF THE ADMINISTRATION,
DUTIES AND TRATION, PERMIT OPROCEDURES,NSIBILITIES OF THE ADPROVISION FOR MINIS-
TRATION,
STANDARDS, SPECIFIC STANDARDS HAZARDEION ANDTSTTANDARDSRAL
FOR SUBDIVISION PROPOSALS ; AND PROVIDING THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND
1 ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH BE REPEALED TO THE EXTENT OF
1 SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE .
1
WHEREAS , as provided by Article VIII, Section 2(b) of the
j Constitution of the State of Florida , the Legislature of the
State of Florida has , in and by its enactment of Chapter 166 , �
Florida Statutes , known and cited as the "Municipal Home Rule
1 Powers Act"
, and further by its enactment of Chapters 125 and
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166 , Florida Statutes , delegated the responsibility to local
3 governmental units to adopt regulations designed to promote public
health, safety and general welfare of its citizenry. r
WHEREAS �
the City Commission of the City of Dania , Florida,
has found: —
1 . The flood hazard areas of the City of
Dania are subject to periodic inundation
which results health and saf in loss of life , property ,
ety hazards , disruption of `commerce and governmental services , extra-
ordinanry 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 cumu-
lative effect of obstructions in flood
1 plains causing increases in flood heights
and velocities ,
vulnerable the occupancylto
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floods or hazardous to other lands which
are inadequately elevated, flood-proofed,
or otherwise protected from flood damages . ?
WHEREAS , the City Commission of the City of Dania , Florida ,
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has determined that the purpose of the adoption of this ordinance
is 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 . restrict or prohibit uses which are
dangerous to health, safety and
property due to water or erosion or
j in flood heights or velocities ;
2 . require that uses vulnerable to floods ,
including facilities which serve such
uses , be protected against flood damage
at the time of initial construction;
j 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
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erosion or flood damage ; and
1 5 . prevent or regulate the construction of
flood 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 ,
has established as its objectives in the adoption of this ordinance
the following:
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- I 1. to protect human life and health;
2. to minimize expenditure of public money
for costly flood control projects ;
3 . to minimize the need for rescue and relief
efforts associated with flooding and general-
ly 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 , elec-
tric , telephone and sewer lines , streets and
ibridges located in flood plains ;
6 . to help maintain a stable tax base by providing
for the sound use and development of flood
prone areas in such a manner as to minimize
future flood blight areas ; and,
7 . to insure that potential home buyers are noti-
fied 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
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objections as set forth hereinabove , this ordinance , which shall
be known and cited as the "Flood Damage Prevention Ordinance",
is hereby promulgated, enacted and ordained to read, after the
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effect of such promulgation, enactment and ordainment , as fol-
lows , to wit :
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT ,
PURPOSE AND OBJECTIVES
(A) STATUTORY AUTHORIZATION
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The Legislature of the State of Florida has , i
in Chapters 125 , 163 and 166 , Florida Statutes , delegated the
responsibility to local governmental units to adopt regulations
designed to promote the public health, safety , and general wel-
fare of its citizenry, Therefore, the City Commission of the
City of Dania , Florida, does ordain as follows :
" (B) FINDINGS OF FACT
(1) The flood hazard areas of the City of
Dania are subject to periodic inundation which
results in loss of life , property, health and
safety hazards , disruption of commerce and govern-
mental services , extraordinary public expenditures
i 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 cumu-
lative effect of obstructions in flood plains
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causing increases in flood heights and velocities ,
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and by the occupancy in flood hazard areas by uses
jvulnerable to floods or hazardous to other lands
which are inadequately elevated , flood-proofed,
! or otherwise unprotected from flood damages .
(C) STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote
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jthe public health , safety and general welfare and to minimize
Ili public and private losses due to flood conditions in specific j
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areas by provisions designed to:
(1) restrict or prohibit uses which are
dangerous to health, safety and property due to
water or erosion hazards , or which result in j
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damaging increases in erosion or in flood heights
or velocities ;
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(2) require that uses vulnerable to floods ,
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including facilities which serve such uses , be E
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protected against flood damage at the time of
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initial construction;
(3) control the alteration of natural flood
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plains , stream channels , and natural protective y
barriers which are involved in the accomodation
of flood waters ;
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(4) control filling, grading, dredging and
other development which may increase erosion or
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flood damage , and;
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j (5) prevent or regulate the construction of
flood barriers which will unnaturally divert
flood waters or which may increase flood hazards
to other lands .
(D) OBJECTIVES s
The objectives of this ordinance are :
( 1) to protect human life and health;
(2) to minimize expenditure of public money
for costly flood control projects ;
(3) to minimize the need for rescue and relief
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efforts associated with flooding and generally
undertaken at the expense of the general public ;
( 4) to minimize prolonged business inter- E
ruptions ; `
(5) to minimize damage to public facilities
and utilities such as water and gas mains , electric ,
telephone and sewer lines , streets and bridges
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located in flood plains ;
(6) to help maintain a stable tax base by
providing for the sound use and development of
flood prone areas in such a manner as to minimize {j
future flood blight areas ; and
(7) to insure that potential home buyers I
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are notified the property is in a flood area.
ARTICLE 2 . DEFINITIONS
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Unless specifically defined below, words or phrases used t
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in this ordinance shall be interpreted so as to give them the f
i meaning they have in common usage and to give this ordinance its
most reasonable application.
"A eal" means a request for a review of the Building
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Official ' s interpretation of any provision of this ordinance or
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a request for a variance.
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"Area of shallow flooding" means a designated AO or VO Zone
on a community ' s Flood Insurance Rate Ma� p (FIRM) with base flood
1 depths from one to three feet where a clearly defined channel does
not exist , where the path of flooding is unpredictable and inde-
terminate , and where velocity flow may be evident .
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i "Area of special flood hazard" is the land in the flood i
plain within a community subject to a one percent or greater
chance of flooding in any given year.
"Base Flood" means the flood having a one percent chance
of being equaled or exceeded in any given year.
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"Basement" means that portion of a building between floor i
and ceiling, which may be partly below and partly above grade.
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"Building" means any structure built for support , shelter,
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or enclosure for any occupancy or storage.
"Coastal High Hazard Area" means the area subject to high
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velocity waters caused by, but not limited to , hurricane wave
wash or tsunamis . The area is designated on a FIRM as Zone V1 - 30.
"Development" means any man-made change to improved or ,
unimproved real estate, including, but not limited to, buildings
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or other structures , mining, dredging, filling , grading, paving,
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excavation or drilling operations .
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"Existing mobile home park or mobile home subdivision" means k
a parcel (or contiguous parcels) of land divided into two or more
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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) is considered "new construction" .
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"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 of runoff
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of surface waters from any source.
"Flood Hazard Boundary Map (FHBM) " means an official map of
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a community, issued by the Federal Emergency Management Agency ,
where the boundaries of the areas of special flood hazard have
been defined as Zone A.
"Flood Insurance Rate Mal) (FIRM) " means an official map of
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a community, on which the Federal Emergency Management Agency has j
delineated both the areas of special flood hazard and the risk s
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j premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by
the Federal Emergency Management Agency. The report contains
flood profiles , as well as the Flood Boundary-Floodway Map and
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the water surface elevation of the base flood.
"Floodway" means the channel of a river or other water-
course 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 .
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"Floor" means the top surface of an enclosed area in a
j building ( including basement) , i. e. , top of slab in concrete
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slab construction or top of wood flooring in wood frame con-
struction. The term does not include the floor of a garage
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used solely for parking vehicles .
"Highest Adjacent Grade" means the highest natural ele-
vation of the ground surface , prior to construction , next to
the proposed walls of a structure.
"Mangrove Stand" means an assemblage of mangrove trees f
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jwhich is mostly low trees noted for a copious development of
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interlacing adventitious roots above the ground and which con- k
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tain one or more of the following species : black mangrove
(Avicennia nitida) ; red mangrove (Rhizophora mangle) ; white
mangrove (Languncularia racemosa) ; and buttonwood (Conocarpus
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erecta) .
"Mean Sea Level" means the average height of the sea
for all stages of tide. It is used as a reference for establish-
ing various elevations within the flood plain. For purposes of I
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this ordinance , the term is synonymous with National Geodetic
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Vertical Datum (NGVD) .
"Mobile Home" means a structure, transportable in one
or more sections , which is built on a permanent chassis and
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designed to be used with or without a permanent foundation when
connected to the required utilities . It does not include recre-
ational vehicles or travel trailers .
"National Geodetic Verticle Datum (NGVD) " as corrected in
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1929 is a verticle control used as a reference for establishing
varying elevations within the flood plain.
"New Construction" means structures for which the "start
of construction" commenced on or after the effective date of
this ordinance.
"New Mobile Home Park or Mobile Home Subdivision" means a
parcel or contiguous parcels of land divided into two or more
jmobile home lots for rent or sale for which the construction
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of facilities for servicing the lot on which the mobile home is
to be affixed (including
, at a minimum, the installation of
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i utilities , either final site grading or the pouring of concrete '
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pads , and the construction of streets) is completed on or
after the effective date of this ordinance .
"Sand Dunes" means naturally occurring accumulation of
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sand in ridges or mounds landward of the beach.
"Start of Construction" means the first placement of per-
manent construction of a structure (other than a mobile home) on
a site , such as the pouring of slabs or footings or any work
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beyond the stage of excavation, including the relocation of a
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structure . Permanent construction does riot include the instal-
lation of streets and/or walkways ; nor does it include excavation
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for a basement , footings , piers or foundations or the erection
of temporary forms ; nor does it include the installation on the
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property of accessory buildings , such as garages or sheds not !
occupied as dwelling units or not a part of the main structure. !
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For a structure (other than a mobile home) without a basement or
poured footings , the "start of construction" includes the first
permanent framing or assembly of the structure or any part
thereof on its piling or foundation. For mobile homes or within
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j a mobile home park or mobile home subdivision, "start of con-
struction" means the affixing of the mobile home to its permanent
site . For mobile homes within mobile home parks or mobile home
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subdivisions , "start of construction" is the date on which the
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construction of facilities for servicing the site on which the
mobile home is to be affixed (including, at a minium, the con-
struction of streets , either final site grading or the pouring
of concrete pads and installation of utilities) is completed.
"Structure" means a walled or roofed building that is
principally above ground, a mobile home , a gas or liquid storage
tank, or other man-made facilities or infrastructures .
"Substantial Improvement" means any repair, reconstruction ,
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or improvement of a structure, the cost of which equals or ex-
ceeds fifty percent of the market value of the structure, either
( 1) before the improvement or repair is started, or (2) if the � 1
structure has been damaged and is being restored, before the
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poses of this definition, "sub-
damage occurred. For the pur
stantial 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 structure. The term
does not, however, include either (1) any project for improve-
ment of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely neces-
sary to assure safe living conditions , or ( 2) any alteration of
a structure listed on the National Register of Historic Places or
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a State Inventory of Historic Places .
Variance" is a grant of relief to a person from the
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requirements of this ordinance which permits construction in a
manner otherwise prohibited by this ordinance whre specific en-
forcement would result in unnecessary hardship .
ARTICLE 3 . GENERAL PROVISIONS
(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.
(B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD €
The areas of special flood hazard identified
by the Federal Emergency Management Agency in its Flood Insurance
Rate Map (FIRM) 11120034-0001-0002 , dated July 5 , 1933 , with f
jaccompanying maps and other supporting data, and any revision
thereto are adopted by reference and declared to be a part of
this ordinance. f
(C) ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in !
conformance with the provisions of this ordinance prior to the
commencement of any developm
ent activities . M
(D) COMPLIANCE
No structure or land shall hereafter be
located, extended , converted or structurally altered without full
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compliance with the terms of this ordinance and other applicable
regulations .
(E) ABROGATION AND GREATER RESTRICTIONS
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i This ordinance is not intended to repeal ,
abrogate , or impair any existing easements , covenants , or deed
restrictions . However, where this ordinance and another con- 4
flict or overlap, whichever imposes the more stringent restrictions
shall prevail .
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(F) INTERPRETATION
In the interpretation and application of this
ordinance , all provisions shall be : ( 1) considered as minimum
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requirements ; (2) liberally construed in favor of the governing
body, and; (3) deemed neither to limit nor repeal any other powers }�
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granted under state statutes .
(G) WARNING AND DISCLAIMER OF LIABILITY I
The degree of flood protection required by this
ordinance is considered reasonable for regulatory purposes and is
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based on scientific and engineering consideration. Larger floods f
can and will occur on rare occasions . Flood heights may be in- f
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creased by man-made or natural causes . This ordinance does not
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imply that land outside the areas of special flood hazard or uses
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I 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 Dania or by any officer or employee thereof for any r
flood damages that result from reliance on this ordinance or any
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administrative decision lawfully made thereunder.
i (H) PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance
or failure to comply with any of its requirements , including vio-
lation of conditions and safeguards established in connection
with grants or 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 90 days , or both, and in addition, shall pay all costs and ex- J
penses involved in the case . Each day such violation continues
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shall i,-: : considered a separate offense. Nothing, h n contained
shall prevent the City of Dania from taking such lawful action as is
necessary to prevent or remedy any violation. ; I
ARTICLE 4 . ADMINISTRATION
(A) DESIGNATION OF BUILDING OFFICIAL E
The Building Official is hereby [
appointed to administer and implement the provisions of this
ordinance.
(B) PERMIT PROCEDURES
Application for a Development Permit
shall be made to the Building Official on forms furnished by him f
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or her 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 , fill,
storage of materials , draining facilities , and the location of
! the foregoing. Specifically, the following information is !
f required : j
1 (1) Elevation in relation to mean
sea level of the proposed lowest floor
(including basement) of all structures ;
(2) Elevation in relation to mean sea
level to which any non-residential structure
will be flood-proofed ;
(3) Provide a certificate from a
registered professional engineer or architect
that the non-residential flood-proofed
structure meets the flood-proofing criteria
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in Article 5 (B) (2) ;
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(4) Description of the extent to which
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any watercourse will be altered or relocated
as a result of proposed development ; and
(5) Provide a floor elevation or flood-
proofing certification after the lowest floor
is completed , or in instances where the IJ�
structure is subject to the regulations appli-
cable to Coastal High Hazard Areas , after
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placement of the horizontal structural j
members of the lowest floor. Within twenty-
one (21) calendar days of establishment of €
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the lowest floor elevation, or flood-proof- E
ing by whatever construction means , or upon
placement of the horizontal structural mem-
bers of the lowest floor, whichever is
applicable , it shall be the duty of the permit
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i holder to submit to the Building Official a
t certification of the elevation of the lowest E
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floor, flood-proofed elevation, or the eleva- E
tion of the lowest portion of the horizontal (�
! structural members of the lowest floor, which- p
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j ever is applicable , as built , in relation to
-•� mean sea level. Said certification shall be E
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prepared by or under the direct supervision of
a registered land surveyor or professional
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engineer and certified by same. When flood-
proofing is utilized for a particular building, j
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said certification shall be prepared by or under
the direct supervision of a professional engi-
neer or architect and certified by same. Any
work done within the twenty-one (21) day cal-
endar period and prior to submission of the
certification shall be at the permit holder' s
risk. The Building Official shall review the
floor elevation survey data submitted. De-
ficiencies detected by such review shall be
corrected by the permit holder immediately and
prior to further progressive work being per-
mitted to proceed. Failure to submit the sur-
vey or failure to make said corrections
required hereby, shall be cause to issue a
stopwork order for the project .
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(C) DUTIES AND RESPONSIBILITIES OF THE
BUILDING OFFICIAL
Duties of the Building Official shall
include, but not be limited to :
(1) Review all development permits to
assure that the permit requirements of this
ordinance have been satisfied;
(2) Advise permittee that additional s
federal or state permits may be required, and
if specific federal or state permits are known,
require that copies of such permits be pro-
vided and maintained on file with the develop-
ment permit .
( 3) Notify adjacent communities and the
Florida Department of Community Affairs prior
to any alteration or relocation of a water-
course, and submit evidence of such notifica-
tion to the Federal Emergency Management
Agency.
(4) Assure that maintenance is provided
within the altered or relocated portion of
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said watercourse so that the flood-carrying
capacity is not diminished.
(5) Verify and record the actual eleva-
tion (in relation to mean sea level) of the '
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i lowest floor ( including basement) of all new
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or substantially improved structures , in ac-
cordance with Article 4 (B) (5) .
(6) Verify and record the actual eleva-
tion (in relation to mean sea level) to which
the new or substantially improved structures
have been flood-proofed , in accordance with
Article 4 (B) (5) .
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(7) In Coastal Hazard Areas , certifi-
cation shall be obtained from a registered
professional tonal engineer or architect that the y,
structure is securely anchored to adequately
anchored pilings or columns in order to with-
stand velocity waters and hurricane wave wash.
(o) In Coastal High Hazard Areas , the
Building, Official shall review plans for ade-
quacy of breakaway walls in accordance with
Article 5 (B) (5) (h) .
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(9) When flood-proofing is utilized for
a particular structure , the Building Official
shall obtain certification from a registered
professional engineer or architect .
( 10) Where interpretation is needed as to
the exact location of boundaries of the areas
of special flood hazard ( for example , where
there appears to be a conflict between a mapped
boundary and actual field conditions) , the
Building Official shall make the necessary
interpretation. The person contesting the lo-
cation of the boundary shall be given a rea-
sonable opportunity to appeal the interpreta-
tion as provided in this article.
(11) When base flood elevation data has
not been provided in accordance with Article 3 ,
(B) , then the Building Official shall obtain,
review and reasonably utilize any base flood
elevation data available from a Federal , State
or other source, in order to administer the
provisions of Article 5.
(12) All records pertaining to the pro-
visions of this ordinance shall be maintained
in the office of the Building Official and l r )
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shall be open for public inspection.
(D) VARIANCE PROCEDURES
(1) The City Planning and Zoning Board ,
as established by the City of Dania shall hear ¢'
and decide appeals and requests for 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
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or determination made by the Building Official
in the enforcement or administration of this
ordinance.
(3) Any person aggrieved by the decision
of the City Planning and Zoning Board or any
taxpayer may appeal such decision to the Cir-
cuit Court of Broward County, Florida , as pro-
vided in the Florida Statutes .
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(4 ) Variances may be issued for the re-
construction, 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 this section.
(5) In passing upon such applications ,
the City Planning and Zoning Board shall con-
sider all technical evaluations , all relevant
factors , all standards specified in other
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sections of this ordinance ; and
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(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 ;
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(c) the susceptibility of the pro- €
posed facility and its contents to flood f(
damage 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;
(g) the compatability of the pro-
posed use with existing and anticipated
development ;
(h) the relationship of the proposed
use to the comprehensive plan and flood
plain management program for that area;
(i) the safety of access to the
property in times of flood for ordinancy
and emergency vehicles ;
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(j ) the expected heights, velocity ,
duration, rate of rise and sediment trans- i
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port of the flood waters and the effects
of wave action, if applicable , expected at
the site ; and
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(k) the costs of providing govern-
mental 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 .
(6) Upon consideration of the factors
listed above and the purposes of this ordinance,
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771
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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.
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(7) Variances shall not be issued within
any designated floodway il any increase in
flood levels during the base flood discharge
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would result.
(8) Conditions for Variances :
(a) Variances shall only be issued s
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upon a determination that the variance i
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is the minimum necessary, considering
the flood hazard, to afford relief ; f
(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 that the granting of
a variance will not result in increased
flood heights , additional threats to public
I
safety , extraordinary public expense ,
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create nuisance, cause frad on or victi-
mization 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
specifying 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 re-
sulting from the reduced lowest floor
elevation. _ zryir
(d) The Building Official shall
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maintain the records of all appeal ac-
tions and report any variances to the f I
Federal Emergency Management Agency upon
request.
ARTICLE 5 . PROVISIONS FOR FLOOD HAZARD REDUCTION
(A) GENERAL STANDARDS
In all areas of special flo
od ood haz
ard,
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the fo
llowing g provisions are required :
(1) All new construction and substantial
Iimprovements shall be anchored to prevent
flotation , collapse or lateral movement of r
t
the structure;
a
j (2) All new construction and substantial t
Iimprovements shall be constructed with materials
and utility equipment resistant to flood damage ;
f
(3) All new construction or substantial E
improvements shall be constructed by methods
and practices that minimize flood damage ;
(4) All new and replacement water supply
1 systems shall be designed to minimize or elimi- j
�{ nate infiltration of flood waters into the {{�
system; i
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(5) New and replacement sanitary sewage
systems shall be designed to minimize or eli-
minate infiltration of flood waters into the
systems and discharges from the systems into
flood waters ;
j
(6) On-site waste disposal systems shall
I) be located and constructed to avoid impairment
+ to them or contamination from them during
flooding, and;
( 7) Any alteration , repair, reconstruction
or improvements to a structure which is in com-
pliance with the provisions of this ordinance,
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shall meet the requirements of "new con-
struction" as contained in this ordinance .
(B) SPECIFIC STANDARDS
In all areas of special flood hazard
where base flood elevation data has been provided, as set forth
in Article 3 (B) , or Article 4 (C) (11) , the following provisions
are required :
(1) Residential Construction - New con-
struction or substantial improvement of any
s
s
residential structure shall have the lowest !`
j floor, including basement, elevated no lower
than the base flood elevation.
(2) Non-residential Construction - New {
construction or substantial improvement of any C
commercial, industrial or other non-residential
structure shall either have the lowest floor ,
including basement , elevated no lower than the 4
base flood elevation or , together with atten-
dant utility and sanitary facilities , be flood-
. !'
proofed so that all areas of the structure t
below the required elevation is water tight
and with walls substantially impermeable to
the passage of water and with structural com-
ponents having the capability of resisting
hydrostatic and hydrodynamic loads and effects
of buoyancy. A registered professional engi-
neer or architect shall certify that the
F
standards of this subsection are satisfied.
Such certification shall be provided to the
official as set forth in Article 4 (B) ( 3) .
Flood-proofing shall not be allowed in B
Zones.
I
(3) Mobile Homes
(a) No mobile home shall be placed
in a flood-way or coastal high hazard area ,
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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 be that :
(i) over-the-top ties be pro-
vided at each end of the mobile home,
with one additional tie per side at
h
an intermediate location on mobile
homes of less than fifty (50) feet
and one additional tie per side at an
intermediate location on mobile homes
of less than fifty (50) feet and one
additional tie per side for mobile
homes of fifty (50) feet or more;
( ii) frame ties be provided at
each corner of the home for four (4)
additional ties per side at inter- I�
.,. mediate points for mobile homes less
than fifty (50) feet long and one II{
additional tie for mobile homes of
fifty (50) feet or longer;
I
( iii) all components of the
anchoring system be capable of
carrying a force of 4 ,800 pounds , and ;
i
(iv) any additions to the mobile
home be similarly anchored.
(c) For new mobile home parks and j
subdivisions ; for expansions to existing
mobile home parks and subdivisions ; for
existing mobile home parks and subdivisions
where the repair , reconstruction or :.
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improvement has commenced; and, for
mobile homes not placed in a mobile home �
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j park or subdivision, require: tt
I (i) stands or lots are elevated F
on compacted fill or on pilings so that
the lowest floor of the mobile home will $€
i be at or above the base flood level ;
(ii) adequate surface drainage and
access for a hauler are provided; and,
(iii) in the instance of elevation
s
on pilings : (1) lots are large enough to
permit steps ; (2) piling foundations are
placed in stable soil no more than ten feet g
apart ; and, (3) reinforcement is provided
JJJ for pilings more than six feet above the
ground level .
(4) Coastal High Hazard Areas (V Zones) -
i i
Located within the areas of special flood hazard !
established in Article 3 (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 or structures shall
be located 100 feet landward of the reach
of the mean high tide ;
(b) All buildings or structures
shall be elevated so that the lowest
supporting horizontal member (excluding
pilings or columns) is located no lower
than the ease flood elevation level ,
with all. supporting
space below the lowest
p
member open so as not to impede the flow of
water. Open lattice work or decorative
screening may be permitted for aesthetic
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purposes only and must be designed to
wash away in the event of abnormal wave
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action and in accordance with Article 5
(B) (5) (h) ;
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(c) All buildings or structures shall
i
be securely anchored on pilings or columns ;
(d) Pilings or colunns used as
structural support shall be designed and
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anchored so as to withstand all applied
loads of the base flood flow; f
(.e) Compliance with provisions con-
tained in Article 5 (B) (5) (b) , (c) and
(d) shall be certified to by a professional
engineer or architect;
(f) There shall be no fill used as
structural support ;
(g,) There shall be no alteration of
sand dunes or mangrove stands which would
increase potential flood damage;
(h) Lattice work or decorative
screening shall be allowed below the base
i
flood elevation provided they are not part
i
j of the structural support of the building
i
and are designed so as to break away under
I
abnormally high tides or wave action, with-
out damage to the structural integrity of
the building on which they are to be used
and provided the following design specifi-
cations are met :
(i) No solid walls shall be
j
allowed; and ,
( ii) Material shall consist of
wood or mesh screening only .
( i) If aesthetic lattice works or
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screening are utilized, such enclosed I
space shall not be used for human habi-
tation;
I (j ) Prior to construction, plans
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for any structures that will have lattice IrI
work or decorative screening must be sub- R
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mitted to the Building Official for
i
approval ; o
(k) Prohibit the placement of mobile
R
jhomes , except in an existing mobile home
f t
park or existing mobile home subdivision;
and,
t
I
�+ (1) Any alteration , repair , recon-
struction or improvement to a structure
j shall not enclose the space below the i
lowest floor except for lattice work or
decorative screening , as provided in
Article 5 (B) (5) (h) and (i) .
1
I (C) STANDARDS FOR SUBDIVISION PROPOSALS r
(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,
S
gas , electrical and water systems located and
,
constructed to minimize flood damage ;
( 3) All subdivision proposals shall have
i
adequate drainage provided to reduce exposure
to flood hazards ; and,
(4) Base flood elevation data shall be
provided for subdivision proposals and other j
I
proposed development which is greater than the
lesser of fity lots or five acres .
Section 2 . That all ordinances and parts of ordinances
and all resolutions or parts of resolutions in conflict herewith
Y �
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I
be repealed to the extent of such conflict .
i
Section 3 . That this ordinance shall be in force and take
i
effect immediately upon its passage and adoption.
PASSED AND ADOPTED on First Reading on the 26th _ day of
:illy 1983.
PASSED AND ADOPTED on Second and Final Reading on the 9th
day of August 1983 .
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MAYOR—COMMISSI N ;
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ATTEST:
CITY CLi&RKoAUDITOR
s
,
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APPROVED FOR FORM AND CORRECTNESS :
1 FRANK C. ADLER, City Attorney
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—24— ,s ern
Y 1ET�R+tfr.�--
L�FOL6 O Y C ,�5O55�ON
�.OtV N OLINL, F top,
THE SUN-TATTLER1yan 04
pI�
.f pyya F M4 M A t G,
IMy LOG PT M 0 G°On
Established as The Hollywood Sun -January 4, 1935 HOLLYWOOD, BROWARD COUNTY, FLORIDA " Dan
v.n oMa a.a_�wa.aa,
W°p°yG °°optlM LII IGG� .
•n°°In� of IIIG Oryln°llp
MN1M4
STATE OF FLORIDA �.An,agtMn a tM C1W a
oMw nwiM,tnnGn°xp W m
COUNTY OF BROWg1;p p°t..w MantlncG Na lu °,
Mr tli Hn°p W LMOGOyOanq�
Before the undersigned authority personally appeared Julie Bates crW of n Ord Nn a Ins
CIN oyn aan ud W NN
who on oath says (he/she) is C 1 a c i f i a ' t and1�m'°'m:aVoKKq,0"„".
Of THE SUN-TATTLER, a daily newspaper nl�nerraar.m°nr
published a[ Hollywood in Broward NlMiifrlG" °pmian Md
County, Florida; that the attached ca a"M °°''""0 1
py of advertisement, being a N 10°' °GnmSn Gf Yaa «
Of Ne rl g • _.Q�1C e_ tM�"iIrNIM, aiNatNw-a
tn. aMWnlSfr°fNa LufNG ona -
n+gnN°N"M IAG °.GOLLinwutrM.�.P�,
in the matteroF City Of Dania
.ra ItMlt•°4 SF�GGttlt'SNM•
tnthe Comm. Room °Ma5 t°w5t Ou' f°r
was published in said newspaper in the issue ofAug ] 1 qg� .n � t
rnoMbM MG r.«wnr,G„
M n�°fGWtItN "'4
'WN N 111L4: ��wn,
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Affiantfurthersays that the said SUN-TATTLER isanew a r A a �• I
" c MIIIGM1IIG q
said Broward County.Florida,and thatthesaidnewspaperhash retoflorebeencontinuosly °°.rt.fbtn5 �
in Wn1 OMt° &M a
. . VAN Ow%W
OMI6 brt°a MO tt1G°M P
Published in said Broward County,Florida,each week and has been entered as second class N°*'%.�wF.�.�
matter at the post office in Hollywood in said County, Florida,for a period of one year next ewe .r/Im
Preceding the first publication of the attached coa � °�N'OyeOto
says that he has neither paid nor promised anPerson,
of firmadvertisement;carporation and aany d further An.°'OpOfKwtwn'tl`,YuiT
rebate,commission or refund for the purpose of sur'rlg this advertise rent for publication
1eYM tn.N..raMNNry� tI,IG
in the • ' newspaper. commlGnon ro9O
riLM M,' "0 tr1G tw°°
fglwq,woG.rN�iwT�.N'pi.
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Sworn tgand subscri d before me
wMM dtwlar
day this A.O.IS�� }
NOTARY PUBLIC
NOrpq�y) pU9LIC STATf OF FLORIDA
(S�'Y COM M I S S IO!;f•.pit;< AT LARGE
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BOND.D rh'R.. G v '' ;795
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