HomeMy WebLinkAboutO-2011-021 Flood Regulations - PER STATE 2011 ORDINANCE NO. 2011-021
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
PERTAINING TO FLOOD REGULATIONS; AMENDING CHAPTER 12,
"FLOOD DAMAGE PREVENTION" OF THE CITY CODE OF
ORDINANCES; AMENDING SECTION 12-5 ("DEFINITIONS"); AMENDING
ARTICLE II, "ADMINISTRATION", CODE SECTION 12-31
("DESIGNATION OF BUILDING OFFICIAL"), SECTION 12-32 ("DUTIES
AND RESPONSIBILITIES OF THE BUILDING OFFICIAL"), SECTION 12-34
("VARIANCE PROCEDURES"), AND SECTION 12-52 ("SPECIFIC
STANDARDS"); PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; 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, "Definitions" of the City Code of Ordinances is
amended to read as follows:
Elevated building means a non-basement building (i) built, in the ease of a building i
Zones A! 30 n E n n 99 A n A 14 B, C, ver-D to-ha have the top of the eteya4e floor-, . i
sass , or V, to have the-lie#em of the lowest her-,,mall.
stmetun4 member of the elevated floor- elevated abeve the ground level by me
�eelwnns
(posts
magnitude oF-the base flood. i the eases-ef Zenes A! 30, A E, A, A 99, AO, A 14, BG,Y, or
"eleiated building" 1.,e ineludes a building elevated- means ef fill—e, „ua f,,,,,a.,t:,n
per-ifneter-walls with opening suffieient to f4eilitate the unimpeded fnevement ef fl waters. T.H.
the ease of Zenes V! 30, VE, of V, "elevated building" also ineludes a building ether-wise
fneefing the definition of"eleva4ed building", even thetigh the lower-area is enelesed by means of
break walls i bffeakaway wa4is meet the standards of seefien 12 52. built to have the
lowest floor elevated above the ground level by foundation walls, posts, piers, columns, pilings
or shear walls.
Existing construction means for the purposes of detefmining rates,
the "AaA ef eenstmefien" eenuneneed before the effeetive date ef the FIRM or-before january 1,
1975, fer- FIRMs effeetive before that date. "Existing eenstmefien may a4se be r-efeffed to as
flexisfing ." floodplain management structures for which "the start of construction"
commenced before February 15 1978 The term may also be referred to as"existing structures.
Free of Obstruction means any type of lower area enclosure or other construction element
will not obstruct the flow of velocity water and wave action beneath the lowest horizontal
structural member of the lowest floor of an elevated building during a base flood event. This
requirement applies to the structures in velocity zones (V-Zones).
New construction means, for the purposes of detemii ee rates,
stmetwes. floodplain management purposes, any structure for which the "start of construction"
commenced on or after February 15, 1978. The term also includes any subsequent improvements
to such structures.
Reasonabl
y Safe from Flooding means base flood waters will not inundate the land or
damage structures to be removed from the SFHA and that any subsurface waters related to the
base flood will not damage existing or proposed buildings.
• •
Regulatory floodway 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-( eet a designated height.
• 0 •
Structure means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home. " ,
than a gas er- liquid storage twik that is pr-ineipally abeve ground and affixed to a pefmanen4 s
ineludes a building while in the eoufse of eenstmefien, alteration or- r-epaif, btA does not inelude
sueh materials er-supplies me within an enelesed building on the pr-emises.
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 fifty (50)
percent of the market value of the structure before the damage occurred.
means fleed related damages sustained by a stfuetufe en twe (2) sepaFate eeeasions dufing a ten
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eoeuffed. This term also includes "repetitive loss" structures as defined herein.
Violation means the failure of a structure or other development to be fully compliant with
the community's flood plain management regulations. A structure or other development without
the elevation certificate, other certifications or other evidence of compliance required in this
Chapter is presumed to be in violation until such time as that documentation is provided.
Section 2. That Article II, "Administration", Section 12-31 of the City Code of
Ordinances is amended to read as follows:
Sec. 12-31. Designation of building official.
The building official is y appointed to administer and implement the provisions of
this eChapter:and is her-ei referred to in this Chapter as the Floodplain Administrator.
Section 3. That Section 12-32 of the City Code of Ordinances is amended to read as
follows:
Sec. 12-32. Duties and responsibilities of the building official.
Duties of the building official shall include, but not be limited to:
(a) Review all development permits to assure sites are reasonably safe from
flooding and that the permit requirements of this chapter have been satisfied.
(b) Arise Assure 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.
(e) Verify and record the actual elevation (in relation to mean sea level) of the
lowest floor (including basement), or the lowest horizontal structural member (V-
Zones) or both of all new or substantially improved structures, in accordance with
subsection 12-33(2).
(m) Within 6 months notify FEMA of any changes in the base flood elevation b
submitting technical or scientific data so insurance and floodplain management can
be based on current data.
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Section 4. That Section 12-34 of the City Code of Ordinances is amended to read as
follows:
Sec. 12-34. Variance procedures.
(h) Conditions for variances:
(4) Variances shall not be granted after it has been determined that the construction does not
meet the requirements of this Chapter.
(4)(5) The building official shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
Section 5. That Section 12-52 of the City Code of Ordinances is amended to read as
follows:
Sec. 12-52. Specific standards.
In all areas of special flood hazard where base flood elevation data have been provided, as
set forth in section 12-7, or section 12-32(k),the following provisions are required:
• • •
(4) Floodways. Located within areas of special flood hazard established in section 12-7,
are areas designated as floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential projectiles and has erosion
potential,the following provisions shall apply:
(a) Prohibit encroachments, including fill, new construction, substantial
improvements and other developments unless certification (with supporting
technical data) by a registered professional engineer is provided hydrologic and
hydraulic analyses performed in accordance with standard engineering_practice
demonstrating that encroachments shall not result in any increase in flood levels
during occurrence of the base flood discharge;
• • •
Section 6. 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 7. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
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Section 8. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on June 28, 2011.
PASSED AND ADOPTED on second reading on July 12, 2011.
PATRICIA A. FLURY
s FIRST MAYOR
ATTEST: o�P�, airy
a
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
THO AS . AN RO
CITY ATTORNEY
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