HomeMy WebLinkAbout2008-10-15 Marine Advisory Board Agenda Addendum ADDENDUM
DANIA BEACH MARINE ADVISORY BOARD
WEDNESDAY, OCTOBER 15, 2008 - 6:00 P.M.
6. NEW BUSINESS
63 Proposed ordinance changing the FEMA floodplain regulations for Marine uses
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Board Members — If you are unable to attend please call the City Clerk's Office at (954)
924-6800, extension 3622
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CITY OF DANIA BEACH
MEMORANDUM
TO: Marine Advisory Board Members
FROM: Thomas J. Ansbro, City Attorney
DATE: September 30, 2008
RE: Proposed Change to City Ordinance Entitled "Flood Damage Prevention": New
Regulations for "Marinas`
In April, 2005, the City's "Flood Damage Prevention" Ordinance (Chapter 12 of the City
Code of Ordinances) was amended and updated in a number of respects to comply with
suggestions made by FEMA representatives.
One of the principal changes had to do with raising the "lowest floor" requirement (this
includes the lowest 7oor of the lowest enclosed area for a building, even a basement of a
building, with certain exceptions, such as garages and storage areas). At FEMA's suggestion, the
City raised the requirement so that a new or substantially improved building would have to be
constructed with the lowest floor at least one foot higher than what the Flood Insurance Rate
Map for a particular area would require (usually between four feet and seven feet above mean
sea level).
City staff, including Mayor Albert Jones and City Commissioner Bob Anton, met with
FEMA representatives last Friday, September 26, 2008. It was discovered that marinas need not
be subject to the "FEMA plus one foot" requirement, if the City chose to amend its flood
ordinances. Since marinas are expected to undergo renovations, including the Banyan Bay
Marina, the City intends to amend the ordinance, to provide a requirement that either allows for
an elevation to meet only the maximum FEMA requirement, or "FEMA plus one inch". possibly.
Since a definition has to be created for a "marina", I drafted a definition to read as follows:
"Marina" means a facility with access to navigable waters that provides moorings or
places for storage of boats and may include associated uses such as repair and service
facilities, offices, retail sale of supplies, equipment and sundries and restaurants. A
marina may be a principal use of the site upon which it is located or it may be an
accessory use to a principal residential use.
The definition is based in part on a definitions of marinas in Webster's Dictionary and
dictionaries used by planners. I expanded it to identify some, but not all, "related uses".
Marina Advisory Board Members
September 30, 2007
Page 2
Comments and suggestions of the Board are welcome.
TJA:slw
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ORDINANCE NO. 211118-
AN ORDINANCI- OF I IE. ('11 Y OF DANIA BEACH, FLORIDA
PERTAINING TO PLOOI) REGI 'LATIONS: AMENDING CHAP"I6R 12.
"FLOOD DAMAGI PRFVENI ION.. OF TIIF CITE" CODE OF OPDIN.-ANCI-S
TO CREATE, A DEFINITION FOR I IIE TERM "\I:ARINA" (SE('TION 12-5,
"DEFINITIONS") AND CRFATING A SPFCIFIC BASE FLOOD ELEVATION
FOR MARINAS WODF SECTION 12-5-' -SPECIFIC STANDARDS':
PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY,
FURTHEK, PROVIDING FOR AN IihFECTIV'E DAII[.
BE IT ORDAINED BY ']'HE CITY COMMISSION OF THE CITE' OF DANIA
BEACH, FLORIDA:
Section 1. That Section 12-5. "Definitions" of the Cite Code of Ordinances is
amended
d i read as follows:
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"Marina" means a facility with access to nay viable waters that provides secure moorings
or Maces for storage of pleasure boats and similar vessels, including related uses such as
repair facilities. offices, retail sale of marine supplies. equipment and sundries and
restaurants. but excluding any residential use".
Section 2. That Section 12-52 of the City Code of Ordinances is amended to read as
follotis:
Sec. 12-52. Specific Standards.
In all areas of special flood hazard where base flood elevation data have heel] provided, as
set forth in section 12-7 or section 12-12 (k). the following provisions are required:
(6) Marinas. New construction or substantial improvement of anv marina shall have the
lowest floor, including basement, elevated no lower than one inch 1" above the base flood
elevation as specified on the Flood Insurance Rate Map. Buildintrs such as dry stack facilities and
other elevated buildings to be constructed or,improved are permitted under the provisions of
Section 12-52 (3). below.
Section 3. Ihat if any, section. clausc. sentence or phrase of this Ordinance is for any
reason held WN alid or unconstitutional by a court of competent jurisdiction. the holding sludl not
affect the validiq of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts ofordinanccs in conflict with the provisions of
this Ordinance are repealed.
Section 5. That this Ordinance shall be effcctive humcdiatck at adoption on second
reading.
PASSED on first reading on 2008.
PASSED AND ADOPTED on second reading on 2008.
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LBER"h-C. JONIa
MAYOR- COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
C1FY CLERK
APPROVED AS TO FORM AND CORRLCI NESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
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