HomeMy WebLinkAboutO-2014-007 Chapter 12 Flood Damage Protection ORDINANCE NO. 2014-007
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES TO
REPEAL CHAPTER 12, ENTITLED "FLOOD DAMAGE PREVENTION"
AND ADOPTING A NEW CHAPTER 12, ENTITLED "FLOOD DAMAGE
PREVENTION"; ADOPTING FLOOD HAZARD MAPS, DESIGNATING A
FLOODPLAIN ADMINISTRATOR; ADOPTING PROCEDURES AND
CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR
OTHER PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
special flood hazard areas within the boundaries of the City of Dania Beach and such areas may
be subject to periodic inundation (flooding) which may result in loss of life and 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; and
WHEREAS, the City of Dania Beach was accepted for participation in the National
Flood Insurance Program on February 15, 1978, and the City Commission desires to continue to
meet the requirements of Title 44 of the Code of Federal Regulations, Sections 59 and 60, which
is necessary for such participation; and
WHEREAS, the City Commission previously adopted a requirement to increase the
minimum elevation requirement for buildings in flood hazard areas and pursuant to Broward
County Board of Rules and Appeals, Section 103, is formatting that requirement to coordinate
with the Florida Building Code; and
WHEREAS, the City Commission is now adopting limitations on enclosed areas under
elevated buildings, a requirement to require accumulation of costs of improvements and repairs
of buildings based on issued building permits over a five (5) year period, a requirement to
require buildings that sustain repetitive flood damage over a ten (10) year period to be included
in the definition of"substantial damage", requirements for critical facilities, and requirements
for providing hydraulically equivalent volume in the flood hazard area for proposed fill and,
pursuant to Broward County Board of Rules and Appeals, Section 103, is formatting those
requirements to coordinate with the Florida Building Code; and
WHEREAS, the City Commission has determined that it is in the public interest to adopt
the proposed floodplain management regulations that are coordinated with the Florida Building
Code.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Dania Beach, Florida, as follows:
Section 1. Recitals. That the foregoing "Whereas" clauses are true and correct, and are
made a part of and incorporated into this Ordinance by this reference.
Section 2. Amendment. Chapter 12, "Flood Damage Prevention" of the City Code of
Ordinances is deleted and replaced in its entirety as follows:
CHAPTER 12. FLOOD DAMAGE PREVENTION.ARTICLE I. GENERAL.
Sec. 12-1. Title. These regulations shall be known as the Floodplain Management
Ordinance of the City of Dania Beach,referred to in this Ordinance as"this chapter."
Sec. 12-2. Scope. The provisions of this chapter shall apply to all development that is
wholly within or partially within any flood hazard area, including but not limited to the subdivision
of land; filling, grading,and other site improvements and utility installations;construction,alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings,
structures, and facilities that are exempt from the Florida Building Code; placement, installation, or
replacement of manufactured homes and manufactured buildings; installation or replacement of
tanks; placement of recreational vehicles; installation of swimming pools; and any other
development.
Sec. 12-3. Intent. The purposes of this chapter and the flood load and flood resistant
construction requirements of the Florida Building Code are to establish minimum requirements
to safeguard the public health, safety, and general welfare and to minimize public and private
losses due to flooding through regulation of development in flood hazard areas to:
(a) Minimize unnecessary disruption of commerce, access and public service
during times of flooding;
(b) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
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(c) Manage filling, grading, dredging, mining, paving, excavation, drilling
operations, storage of equipment or materials, and other development which may
increase flood damage or erosion potential;
(d) Manage the alteration of flood hazard areas, watercourses, and shorelines
to minimize the impact of development on the natural and beneficial functions of
the floodplain;
(e) Minimize damage to public and private facilities and utilities;
(f) Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas;
(g) Minimize the need for future expenditure of public funds for flood control
projects and response to and recovery from flood events; and
(h) Meet the requirements of the National Flood Insurance Program for
community participation as set forth in the Title 44, Code of Federal Regulations,
Section 59.22.
Sec. 12-4. Coordination with the Florida Building Code. This chapter is intended to
be administered and enforced in conjunction with the Florida Building Code. Where cited,
ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.
Sec. 12-5. Warning. The degree of flood protection required by this chapter and the
Florida Building Code, as amended by the City, is considered the minimum reasonable protection
for regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur. Flood heights may be increased by man-made or natural causes. This chapter does
not imply that land outside of mapped special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base
flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44, Code of Federal Regulations, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring the City to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this chapter.
Sec. 12-6. Disclaimer of Liability. This chapter shall not create liability on the part of
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the City Commission of Dania Beach or by any of its officers or employees for any flood
damage that results from reliance on this chapter or any administrative decision lawfully made
under provisions of this chapter.
ARTICLE II. APPLICABILITY.
Sec. 12-7. General. Where there is a conflict between a general requirement and a
specific requirement,the specific requirement shall be applicable.
Sec. 12-8. Areas to which this ordinance applies. This chapter shall apply to all flood
hazard areas within the City of Dania Beach, as established in Section 12-9 of this chapter.
Sec. 12-9. Basis for establishing flood hazard areas. The Flood Insurance Study for
Broward County, Florida and Incorporated Areas dated August 18, 2014, and all subsequent
amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all
subsequent amendments and revisions to such maps, are adopted by reference as a part of this
ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and
maps that establish flood hazard areas are on file at the Dania Beach City Hall located at 100 W.
Dania Bach Blvd. Dania Beach, FL 33004
Sec. 12-10. Submission of additional data to establish flood hazard areas. To
establish flood hazard areas and base flood elevations, pursuant to Article V of this ordinance the
Floodplain Administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography accepted
by the City indicates that ground elevations:
(a) Are below the closest applicable base flood elevation, even in areas not
delineated as a special flood hazard area on a FIRM,the area shall be considered as
flood hazard area and subject to the requirements of this ordinance and, as
applicable,the requirements of the Florida Building Code.
(b) Are above the closest applicable base flood elevation, the area shall be
regulated as special flood hazard area unless the applicant obtains a Letter of Map
Change that removes the area from the special flood hazard area.
Sec. 12-11. Other laws. The provisions of this chapter shall not be deemed to nullify
any provisions of local, state or federal law.
Sec. 12-12. Abrogation and greater restrictions. This chapter supersedes any
ordinance or Code in effect for management of development in flood hazard areas. However, it is
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not intended to repeal or abrogate any existing ordinances including but not limited to land
development regulations, zoning ordinances, storm water management regulations, or the Florida
Building Code. In the event of a conflict between this chapter and any other ordinance or Code,
the more restrictive provision shall govern. This chapter shall not impair any deed restriction,
covenant or easement, but any land that is subject to such interests shall also be governed by this
chapter.
Sec. 12-13. Interpretation. In the interpretation and application of this chapter, all
provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the City Commission; and
(c) Deemed neither to limit nor repeal any other powers granted under state
statutes.
ARTICLE III. DUTIES AND POWERS OF THE FLOODPLAIN
ADMINISTRATOR
Sec. 12-14. Designation. The Building Official is designated as the Floodplain
Administrator. The Floodplain Administrator may delegate performance of certain duties to other
employees.
Sec. 12-15. General. The Floodplain Administrator is authorized and directed to
administer and enforce the provisions of this chapter. The Floodplain Administrator shall have
the authority to render interpretations of this chapter consistent with the intent and purpose of
this chapter and may establish policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies, and procedures shall not have the effect of waiving
requirements specifically provided in this chapter without the granting of a variance pursuant to
Article VII of this chapter.
Sec. 12-16. Applications and permits. The Floodplain Administrator, in coordination
with other pertinent offices of the City, shall:
(a) Review applications and plans to determine whether proposed new
development will be located in flood hazard areas;
(b) Review applications for modification of any existing development in flood
hazard areas for compliance with the requirements of this chapter;
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(c) Interpret flood hazard area boundaries where such interpretation is
necessary to determine the exact location of boundaries; a person contesting the
determination shall have the opportunity to appeal the interpretation;
(d) Provide available flood elevation and flood hazard information;
(e) Determine whether additional flood hazard data shall be obtained from
other sources or shall be developed by an applicant;
(f) Review applications to determine whether proposed development will be
reasonably safe from flooding;
(g) Issue floodplain development permits or approvals for development other
than buildings and structures that are subject to the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building
Code, when compliance with this chapter is demonstrated, or disapprove the same
in the event of noncompliance; and
(h) Coordinate with and provide comments to the Building Official to assure
that applications, plan reviews, and inspections for buildings and structures in flood
hazard areas comply with the applicable provisions of this chapter.
Sec. 12-17. Substantial improvement and substantial damage determinations. For
applications for building permits to improve buildings and structures, including alterations,
movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other
improvement of or work on such buildings and structures,the Floodplain Administrator shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal
of the market value prepared by a qualified independent appraiser, of the building
or structure before the start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
(b) Compare the cost to perform the improvement, the cost to repair a
damaged building to its pre-damaged condition, or the combined costs of
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improvements and repairs, if applicable, to the market value of the building or
structure;
(c) Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; the determination
requires evaluation of previous permits issued for improvements and repairs as
specified in the definition of "substantial improvement"; for proposed work to
repair damage caused by flooding, the determination requires evaluation of
previous permits issued to repair flood related damage as specified in the definition
of"substantial damage", and
(d) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this chapter is
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required.
Sec. 12-18. Modifications of the strict application of the requirements of the Florida
Building Code. The Floodplain Administrator shall review requests submitted to the Building
Official that seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such requests
require the granting of a variance pursuant to Article VII of this chapter.
Sec. 12-19. Notices and orders. The Floodplain Administrator shall coordinate with
appropriate local agencies for the issuance of all necessary notices or orders to ensure
compliance with this chapter.
Sec. 12-20. Inspections. The Floodplain Administrator shall make the required
inspections as specified in Article VI of this chapter for development that is not subject to the
Florida Building Code, including buildings, structures and facilities exempt from the Florida
Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if
development is undertaken without issuance of a permit.
Sec. 12-21. Other duties of the Floodplain Administrator. The Floodplain
Administrator shall have other duties, including but not limited to:
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(a) Establish, procedures for administering and documenting determinations
of substantial improvement and substantial damage made pursuant to Section 12-
17 of this chapter;
(b) Require that applicants proposing alteration of a watercourse notify
adjacent communities and the Florida Division of Emergency Management, State
Floodplain Management Office, and submit copies of such notifications to
"FEMA";
(c) Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data and
information necessary to maintain the Flood Insurance Rate Maps if the analyses
to change base flood elevations, flood hazard area boundaries
propose , or
floodway designations; such submissions shall be made within six (6) months of
such data becoming available;
(d) Review required design certifications and documentation of elevations
specified by this chapter and the Florida Building Code to determine that such
certifications and documentations are complete;
(e) Notify the Federal Emergency Management Agency when the corporate
boundaries of Dania Beach are modified; and
(f) Advise applicants for new buildings and structures, including substantial
improvements,that are located in any unit of the Coastal Barrier Resources System
established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal
Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is
not available on such construction; areas subject to this limitation are identified on
Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and
"Otherwise Protected Areas."
Sec. 12-22. Floodplain management records. Regardless of any limitation on the
period required for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary for the
administration of this ordinance and the flood resistant construction requirements of the Florida
Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of
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permits and denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and documentation
of elevations specified by the Florida Building Code and this chapter; notifications to adjacent
communities, FEMA, and the state related to alterations of watercourses; assurances that the
flood carrying capacity of altered watercourses will be maintained; documentation related to
appeals and variances, including justification for issuance or denial; and records of enforcement
actions taken pursuant to this chapter and the flood resistant construction requirements of the
Florida Building Code. These records shall be available for public inspection at Dania Beach
City Hall located at 100 W. Dania Bach Blvd. Dania Beach, FL 33004
ARTICLE IV. PERMITS.
Sec. 12-23. Permits required. Any owner or owner's authorized agent (referred to as
"applicant") who intends to undertake any development activity within the scope of this chapter,
including buildings, structures and facilities exempt from the Florida Building Code, which is
wholly within or partially within any flood hazard area shall first make application to the
Floodplain Administrator, if applicable, and shall obtain the required permit(s) and approval(s).
No such permit or approval shall be issued until compliance with the requirements of this chapter and
all other applicable codes and regulations has been satisfied.
Sec. 12-24. Floodplain development permits or approvals. Floodplain development
permits or approvals shall be issued pursuant to this chapter for any development activities not
subject to the requirements of the Florida Building Code, including buildings, structures, and
facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed
development that includes a building or structure,the Floodplain Administrator may determine that a
floodplain development permit or approval is required in addition to a building permit.
Sec. 12-25. Buildings, structures and facilities exempt from the Florida Building
Code. Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program(44 C.F.R., Sections 59 and 60), floodplain development permits or approvals
shall be required for the following buildings, structures and facilities that are exempt from the
Florida Building Code and any further exemptions provided by law, which are subject to the
requirements of this chapter:
(a) Railroads and ancillary facilities associated with them.
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(b) Nonresidential farm buildings on farms, as provided in section 604.50,
F.S.
(c) Temporary buildings or sheds used exclusively for construction purposes.
(d) Mobile or modular structures used as temporary offices.
(e) Those structures or facilities of electric utilities as defined in section
366.02, F.S., which are directly involved in the generation, transmission, or
distribution of electricity.
(f) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this the term"chickee"means an
paragraph,
o en-sided wooden but that has a thatched roof of palm or palmetto or other
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traditional materials, and that do not incorporate any electrical, plumbing, or other
non-wood features.
(g) Family mausoleums not exceeding two hundred fifty (250) square feet in
area which are prefabricated and assembled on site or preassembled and delivered
on site and have walls, roofs, and a floor constructed of granite, marble, or
reinforced concrete.
(h) Temporary housing provided by the Department of Corrections to any
prisoner in the state correctional system.
(i) Structures identified in section 553.73(10)(k), F.S., are not exempt from
the Florida Building Code if such structures are located in flood hazard areas
established on Flood Insurance Rate Maps.
Sec. 12-26. Application for a permit or approval. To obtain a floodplain development
permit or approval the applicant shall first file an application in writing on a form furnished by
the City. The information provided shall:
(a) Identify and describe the development to be covered by the permit or
approval.
(b) Describe the land on which the proposed development is to be conducted
by legal description, street address, or similar description that will readily identify
and definitively locate the site.
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(c) Indicate the use and occupancy for which the proposed development is
intended.
(d) Be accompanied by a site plan or construction documents as specified in
Article V of this chapter.
(e) State the valuation of the proposed work.
(f) Be signed by the applicant or the applicant's authorized agent.
(g) Give such other data andinformationas reqw red by the Floodplain
Administrator.
Sec. 12-27. Validity of permit or approval. The issuance of a floodplain development
permit or approval pursuant to this chapter shall not be construed to be permit for, or approval
of, any violation of this chapter, the Florida Building Codes, or any other ordinance or Code of
the City. The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of
errors and omissions.
Sec. 12-28. Expiration. Floodplain development permit or approval shall become
invalid unless the work authorized by such permit is commenced within one hundred eighty
(180) days after its issuance, or if the work authorized is suspended or abandoned for a period of
one hundred eighty (180) days after the work commences. Extensions for periods of not more
than one hundred eighty (180) days each shall be requested in writing and justifiable cause shall
be demonstrated.
Sec. 12-29. Suspension or revocation. The Floodplain Administrator is authorized to
suspend or revoke a floodplain development permit or approval if the permit was issued in error
on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter, or
any other ordinance, regulation or requirement of the City.
Sec. 12-30. Other permits required. Floodplain development permit(s) and building
permits shall include a condition that all other applicable state or federal permits be obtained
before commencement of the permitted development, including but not limited to the following:
(a) The South Florida Water Management District; section 373.036, F.S.
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(b) Florida Department of Health for onsite sewage treatment and disposal
systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.
(c) Florida Department of Environmental Protection for construction,
reconstruction, changes, or physical activities for shore protection or other activities
seaward of the coastal construction control line; section 161.141, F.S.
(d) Florida Department of Environmental Protection for activities subject to
the Joint Coastal Permit; section 161.055, F.S.
(e) Florida Department of Environmental Protection for activities that affect
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wetlands and alter surface water flows in conjunction with the U.S. Corps o
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Engineers; Section 404 of the Clean Water Act
(f) Federal permits and approvals.
ARTICLE V. SITE PLANS AND CONSTRUCTION DOCUMENTS.
Sec. 12-31. Information for development in flood hazard areas. The site plan or
construction documents for any development subject to the requirements of this chapter shall be
drawn to scale and shall include,as applicable to the proposed development:
(a) Delineation of flood hazard areas, floodway boundaries'and flood zone(s),
base flood elevation(s), and ground elevations if necessary, for review of the
proposed development.
(b) Where base flood elevations or floodway data are not included on the
FIRM or in the Flood Insurance Study, they shall be established in accordance with
Section 12-32(b) or(c) of this chapter.
(c) Where the parcel on which the proposed development will take place will
have more than fifty (50) lots or is larger than five (5) acres and the base flood
elevations are not included on the FIRM or in the Flood Insurance Study, such
elevations shall be established in accordance with Section 12-32(a) of this chapter.
(d) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures; in coastal high hazard areas, new buildings shall
be located landward of the reach of mean high tide.
(e) Location, extent, amount, and proposed final grades of any filling,
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grading, or excavation; including the location of excavation that is required to
compensate for permitted fill. If excavation to compensate for permitted fill is
located on a different parcel of land, a site plan of the excavation site shall be
included, along with other documentation required by the Building Official;
(f) Where the placement of fill is proposed, amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the fill
areas; and evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
(g) Delineation of the Coastal Construction Control Line or notation that the
site is seaward of that line,if applicable.
(h) Extent of any proposed alteration of sand dunes or mangrove stands,
provided such alteration is approved b the Florida Department of Environmental
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Protection.
(i) Existing and proposed alignment of any proposed alteration of a
watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this ordinance but that are not
required to be prepared by a registered design professional if it is found that the nature of the
proposed development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance.
Sec. 12-32. Information in flood hazard areas without base flood elevations
(approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood
elevation data have not been provided,the Floodplain Administrator shall:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices.
(b) Obtain, review, and provide to applicants base flood elevation and
floodway data available from a federal or state agency or other source or require
the applicant to obtain and use base flood elevation and floodway data available
from a federal or state agency or other source.
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(c) Where base flood elevation and floodway data are not available from
another source, where the available data are deemed by the Floodplain
Administrator to not reasonably reflect flooding conditions, or where the available
data are known to be scientifically or technically incorrect or otherwise inadequate:
(1) Require the applicant to include base flood elevation data prepared
in accordance with currently accepted engineering practices; or
(2) Specify that the base flood elevation is three (3) feet above the
highest adjacent de at the location of the development, provided there
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is no evidence indicatingflood depths have been or may be eater than
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three(3) feet.
Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed
engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to
satisfy the submittal requirements and pay the processing fees.
Sec. 12-33. Additional analyses and certifications. As applicable to the location and
nature of the proposed development activity and in addition to the requirements of this section,
the applicant shall have the following analyses signed and sealed by a Florida licensed engineer
for submission with the site plan and construction documents:
(a) For development activities proposed to be located in a regulatory
floodway, a floodway encroachment analysis that demonstrates that the
encroachment of the proposed development will not cause any increase in base
flood elevations; where the applicant proposes to undertake development activities
that do increase base flood elevations, the applicant shall submit such analysis to
FEMA as specified in Section 12-34 of this chapter and shall submit the
Conditional Letter of Map Revision, if issued by FEMA, with the site plan and
construction documents.
(b) For development activities proposed to be located in a riverine flood
hazard area for which base flood elevations are included in the Flood Insurance
Study or on the FIRM and floodways have not been designated, hydrologic and
hydraulic analyses that demonstrate that the cumulative effect of the proposed
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development, when combined with all other existing and anticipated flood hazard
area encroachments, will not increase the base flood elevation more than one (1)
foot at any point within the City. This requirement does not apply in isolated flood
hazard areas not connected to a riverine flood hazard area or in flood hazard areas
identified as Zone AO or Zone AH.
c For alteration of a watercourse an engineering analysis re ared in
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accordance with standard engineering practices which demonstrates that the flood-
carrying capacity of the altered or relocated portion of the watercourse will not be
decreased, and certification that the altered watercourse shall be maintained in a
manner which preserves the channel's flood-carrying capacity; the applicant shall
submit the analysis to FEMA as specified in Section 12-34 of this chapter.
(d) For activities that propose to alter sand dunes or mangrove stands in
coastal high hazard areas (Zone V), an engineering analysis that demonstrates that
the proposed alteration will not increase the potential for flood damage.
Sec. 12-34. Submission of additional data. When additional hydrologic, hydraulic or
other engineering data, studies, and additional analyses are submitted to support an application,
the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMS, and to submit such data to FEMA for such purposes. The analyses shall be prepared by
a Florida licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
ARTICLE VI. INSPECTIONS.
Sec. 12-35. General. Development for which a floodplain development permit or
approval is required shall be subject to inspection.
Sec. 12-36. Development other than buildings and structures. The Floodplain
Administrator shall inspect all development to determine compliance with the requirements of
this chapter and the conditions of issued floodplain development permits or approvals.
Sec. 12-37. Buildings, structures and facilities exempt from the Florida Building
Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt
from the Florida Building Code to determine compliance with the requirements of this chapter
and the conditions of issued floodplain development permits or approvals.
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Sec. 12-38. Buildings, structures and facilities exempt from the Florida Building
Code, lowest floor inspection. Upon placement of the lowest floor, including basement and
prior to further vertical construction, the owner of a building, structure or facility exempt from
the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain
Administrator:
(a) If a design flood elevation was used to determine the required elevation of
the lowest floor, the certification of elevation of the lowest floor prepared and
sealed by a Florida licensed professional surveyor; or
(b) If the elevation used to determine the required elevation of the lowest floor
was determined in accordance with Section 12-32(c)(2) of this chapter, the
documentation of height of the lowest floor above highest adjacent grade, prepared
by the owner or the owner's authorized agent.
Sec. 12-39. Buildings, structures and facilities exempt from the Florida Building
Code; final inspection. As part of the final inspection, the owner or owner's authorized agent
shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor
or final documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 12-38 of this chapter.
Sec. 12-40. Manufactured homes. The Building Official shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with the
requirements of this ordinance and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted to the
Building Official.
ARTICLE VII. VARIANCES AND APPEALS.
Sec. 12-41. General. The City Commission shall hear and decide on requests for
appeals and requests for variances from the strict application of this ordinance. Pursuant to
section 553.73(5), F.S., the City Commission shall hear and decide requests for appeals and
requests for variances from the strict application of the flood resistant construction requirements
of the Florida Building Code. This section does not apply to Section 3109, of the Florida
Building Code, Building.
Sec. 12-42. Appeals. The City Commission shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination made by the Floodplain
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Administrator in the administration and enforcement of this ordinance. Any person aggrieved by
the decision of City Commission may appeal such decision to the 17'h Judicial Circuit Court of
Broward County, Florida, as provided by Florida Statutes.
Sec. 12-43. Limitations on authority to grant variances. The City Commission shall
base its decisions on variances on technical justifications submitted by applicants, the
considerations for issuance in Section 12-47 of this chapter, the conditions of issuance set forth
in Section 12-48 of this chapter, and the comments and recommendations of the Floodplain
Administrator.
The City Commission has the right to attach such conditions as it deems necessary to
further the purposes and objectives of this chapter.
Sec. 1244. Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would result, as evidenced by
the applicable analyses and certifications required in section 12-33 of this chapter.
Sec. 1245. Historic buildings. A variance is authorized to be issued for the repair,
improvement, or rehabilitation of a historic building that is determined eligible for the exception
to the flood resistant construction requirements of the Florida Building Code, Existing Building
Chapter 11 Historic Building, upon at determination that the proposed repair, improvement, or
rehabilitation will not preclude the building's continued designation as a historic building and the
variance is the minimum necessary to preserve the historic character and design of the building.
If the proposed work precludes the building's continued designation as a historic building, a
variance shall not be granted and the building and any repair, improvement, and rehabilitation
shall be subject to the requirements of the Florida Building Code.
Sec. 12-46. Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally dependent
use, as defined in this chapter, provided the variance meets the requirements of Section 12-44, is
the minimum necessary considering the flood hazard, and all due consideration has been given to
use of methods and materials that minimize flood damage during occurrence of the base flood.
Sec. 12-47. Considerations for issuance of variances. In reviewing requests for
variances, the City Commission shall consider all technical evaluations, all relevant factors, all
other applicable provisions of the Florida Building Code,this chapter, and the following:
17 ORDINANCE#2014-007
(a) The danger that materials and debris may be swept onto other lands
resulting in further injury or damage;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed development, including contents, to
flood damage and the effect of such damage on current and future owners;
(d) The importance of the services provided by the proposed development to
the City;
(e) The availability of alternate locations for the proposed development that
are subject to lower risk of flooding or erosion;
(f) The compatibility of the proposed development with existing and
anticipated development;
(g) The relationship of the proposed development to the comprehensive plan
and floodplain management program for the area;
(h) The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
(i) The expected heights, velocity, duration, rate of rise and debris and
sediment transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;and
0) 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 water systems, streets and bridges.
Sec. 12-48. Conditions for issuance of variances.Variances shall be issued only upon:
(a) Submission by the applicant, of a showing of good and sufficient cause
that the unique characteristics of the size, configuration, or topography of the site
limit compliance with any provision of this chapter or the required elevation
standards;
(b) Determination by the City Commission that:
(1) Failure to grant the variance would result in exceptional hardship
18 ORDINANCE#2014-007
due to the physical characteristics of the land that render the lot
undevelopable; increased costs to satisfy the requirements or
inconvenience do not constitute hardship;
(2) The granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense,
nor create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws and ordinances; and
(3) The variance is the minimum necessary, considering the flood
hazard,to afford relief;
(c) Receipt of a signed statement by the applicant that the variance, if granted,
shall be recorded in the Office of the Clerk of the Court in such a manner that it
appears in the chain of title of the affected parcel of land; and
(d) If the request is for a variance to allow construction of the lowest floor of
a new building, or substantial improvement of a building, below the required
elevation, a copy in the record of a written notice from the Floodplain
Administrator to the applicant for the variance, specifying the difference between
the base flood elevation and the proposed elevation of the lowest floor, stating that
the cost of federal flood insurance will be commensurate with the increased risk
resulting from the reduced floor elevation (up to amounts as high as $25.00 for
$100.00 of insurance coverage), and stating that construction below the base flood
elevation increases risks to life and property.
ARTICLE VIII. VIOLATIONS.
Sec. 12-49. Violations. Any development that is not within the scope of the Florida
Building Code but that is regulated by this chapter that is performed without an issued permit,
that is in conflict with an issued permit, or that does not fully comply with this chapter, shall be
deemed a violation of this chapter. A building or structure without the documentation of
elevation of the lowest floor, other required design certifications, or other evidence of
compliance required by this chapter or the Florida Building Code is presumed to be a violation
until such time as that documentation is provided.
19 ORDINANCE#2014-007
Sec. 12-50. Authority. For development that is not within the scope of the Florida
Building Code but that is regulated by this chapter and that is determined to be a violation, the
Floodplain Administrator is authorized to serve notices of violation or stop work orders or both
to owners of the property involved, to the owner's agent, or to the person or persons performing
the work, or to any or all of them.
Sec. 12-51. Unlawful continuance. Any person who shall continue any work after
having been served with a notice of violation or a stop work order, except such work as that
person is directed to perform to remove or remedy a violation or unsafe condition, shall be
subject to penalties as prescribed by law.
ARTICLE IX. DEFINITIONS.
Sec. 12-52. General.
(a) Scope. Unless otherwise expressly stated, the following words and terms shall,
for the purposes of this ordinance have the meanings shown in this section.
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(b) Terms defined in the Florida Building Code. Where terms are not defined in
this ordinance and are defined in the Florida Building Code, such terms shall have
the meanings ascribed to them in that Code.
(c)Terms not defined. Where terms are not defined in this ordinance or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the
context implies.
(d) Definitions.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction or velocity (or any or all of the foregoing) of the riverine flow of water during
conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision
of this chapter or a request for a variance.
ASCE 24. A standard titled "Flood Resistant Design and Construction"that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
20 ORDINANCE#2014-007
[Also defined in the Florida Building Code ("FBC"), B, Section 1612.2.] The base flood is
commonly referred to as the "100-year flood" or the"1-percent-annual chance flood".
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line established by the State of Florida pursuant to
section 161.053, F.S., and recorded in the official records of the City, which defines that portion
of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm
waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave action" or "V Zones" and are designated on
Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. [Note: The FBC,B defines and
uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the
term"coastal high hazard areas."]
Critical Facility. Hospitals, nursing homes, medical services facilities, convalescent and assisted
living facilities; police stations, fire stations, storage of critical records; government buildings
and law enforcement offices; evacuation shelters and emergency operation centers that are
needed for flood response activities before, during or after a flood; and public and private utility
(water and wastewater) facilities that are vital to maintaining or restoring normal services to
flooded areas before, during and after a flood; radio/cellular/TV towers; schools and universities;
landfills; and structures or facilities that produce, use or store highly volatile, flammable,
explosive, toxic, or water-reactive materials. The term includes facilities that are assigned Risk
Category III and Risk Category IV pursuant to the Florida Building Code,Building.
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding
21 ORDINANCE#2014-007
in any year; or
(2) Area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
Designflood elevation. The elevation of the "design flood," including wave height, relative to
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the datum specified on the community's legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard
map. In areas designated as Zone AO where the depth number is not specified on the map, the
depth number shall be taken as being equal to two (2) feet. [Also defined in FBC, B, Section
1612.2.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations,
drilling operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction"commenced before February 15, 1978.[Also defined in FBC, B, Section 1612.2.]
Existing manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed(including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed before February 15,
1978.
Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
22 ORDINANCE#2014-007
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
(a) The area within a floodplain subject to a one (1) percent or greater chance of
flooding in any year.
(b) The area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FRIM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the City. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the FEMA that contains the
Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water
surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B,
Section 1612.2.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this chapter(may be referred to as the Floodplain Manager).
Floodplain development permit or approval. An official document or certificate issued by the
City, or other evidence of approval or concurrence, which authorizes performance of specific
development activities that are located in flood hazard areas and that are determined to be
compliant with this chapter.
Floodway. The channel of a river or other riverine 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 (1) foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
23 ORDINANCE#2014-007
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida
Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code,
Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic
Buildings.
Letter of Map Change ("LOMC"): An official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.
Letters of Map Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the City's
24 ORDINANCE#2014-007
floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less, which is:
(a) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than
12 persons; or
(c) Available with special features enabling off-street or off-highway operation and
use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such enclosure
is not built so as to render the structure in violation of the non-elevation requirements of the
Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle" or"park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this chapter, the term refers to the market value of
25 ORDINANCE#2014-007
buildings and structures, excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Value (replacement cost
depreciated for age and quality of construction), or tax assessment value adjusted to approximate
market value by a factor provided by the County Property Appraiser.
New construction. For the purposes of administration of this chapter and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after February 15, 1978 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after February 15,
1978.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living quarters
when connected to utilities necessary for operation of installed fixtures and appliances. [Defined
in 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer,which is: [See section 320.01, F.S.)
(a) Built on a single chassis;
(b) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(c) Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping,travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a one (1) percent or greater
chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone
A, AO, Al-A30,AE,A99, AH,V1-V30,VE or V. [Also defined in FBC, B Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial improvements
26 ORDINANCE#2014-007
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings,the installation of piles, or the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before-damaged condition would equal or exceed
50 percent of the market value of the building or structure before the damage occurred. The term
also includes flood-related damage 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 average,
equals or exceeds 25 percent of the market value of the structure before the damage occurred.
[Also defined in FBC, B Section 1612.2.]
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition,
or other improvement of a building or structure taking place during a five (5) year period, the
cumulative cost of which equals or exceeds 50 percent of the market value of the building or
structure before the improvement or repair is started. For each building or structure, the five (5)
year period begins on the date of the first improvement or repair of that building or structure
subsequent to the date of permit issuance. If the structure has incurred "substantial damage," any
repairs are considered substantial improvement regardless of the actual repair work performed.
The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.]
(a) Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the Building Official and that are the
minimum necessary to assure safe living conditions.
(b) Any alteration of a historic structure provided the alteration will not preclude the
27 ORDINANCE#2014-007
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this chapter, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this chapter or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on,through or over
which water flows at least periodically.
ARTICLE X. FLOOD RESISTANT DEVELOPMENT.
Sec. 12-53. Buildings and Structures.
a Design and construction of buildings, structures and facilities exempt( ) gn g , e pt
from the Florida Building Code. Pursuant to Section 12-25 of this chapter,
buildings, structures, and facilities that are exempt from the Florida Building Code,
including substantial improvement or repair of substantial damage of such buildings,
structures and facilities, shall be designed and constructed in accordance with the flood
load and flood resistant construction requirements of ASCE 24. Structures exempt from
the Florida Building Code that are not walled and roofed buildings shall comply with
the requirements of Article XVI,of this chapter.
(b) Buildings and structures seaward of the coastal construction control
line. If extending, in whole or in part, seaward of the coastal construction control
line and also located, in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to
comply with the more restrictive applicable requirements of the Florida
Building Code, `Building", Section 3109 and Section 1612 or Florida
Building Code, "Residential", Section R322.
(2) Minor structures and non-habitable major structures as defined in
section 161.54, F.S., shall be designed and constructed to comply with the
intent and applicable provisions of this chapter and ASCE 24.
(c) Specific methods of construction and requirements. Pursuant to
Broward County Administrative Provisions for the Florida Building Code, the
following specific methods of construction and requirements apply:
(1) Additional elevation (freeboard). For buildings in special flood
hazard areas, the minimum elevation requirements in the Florida Building
28 ORDINANCE#2014-007
Code, "Residential", shall be to or above the base flood elevation plus one
(1) foot.
(2) Limitations on enclosed areas below elevated building. For
buildings in special flood hazard areas, the following limitations apply to
enclosed areas below elevated buildings:
a. Access shall be the minimum necessary to allow for only
parking of vehicles (garage door), limited storage of
maintenance equipment in connection with the remises
P
(standard exterior door), or entry to the living area
(stairway or elevator).
b. The interior portion shall not be temperature controlled,
partitioned,or finished into separate room.
(3) Cumulative substantial improvement. In the Florida Building
Code, Building and the Florida Building Code, Existing Building,
definitions for the term"Substantial Improvement"shall be as follows:
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction,
rehabilitation, addition, or other improvement of a building or structure taking place
during a five (5) year period, the cumulative cost of which equals or exceeds 50 percent
of the market value of the building or structure before the improvement or repair is
started. For each building or structure, the five (5) year period begins on the date of the
first improvement or repair of that building or structure subsequent to the date of permit
issuance. If the structure has incurred "substantial damage," any repairs are considered
substantial improvement regardless of the actual repair work performed. The term does
not, however, include either:
1. Any project for improvement of a building required to correct existing
health, sanitary, or safety code violations identified by the Building Official and
that are the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided the alteration will not
preclude the structure's continued designation as a historic structure.
(4) Repetitive flood damage and substantial damage. In the Florida
Building Code, "Building" and the Florida Building Code, "Existing
29 ORDINANCE#2014-007
Building", definitions for the term "Substantial Damage" shall be as
follows:
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a building or
structure whereby the cost of restoring the building or structure to its before-damaged
condition would equal or exceeds fifty (50)percent of the market value of the building or
structure before the damage occurred. The term also includes flood-related damage
sustained by a structure on two separate occasions duringa ten(l 0)year period for which
the cost of repairs at the time of each such flood event, on average, equals or exceeds
twenty-five (25)percent of the market value of the structure before the damage occurred.
(5) Critical Facilities. Construction of new and substantially
improved critical facilities shall be located outside the limits of the special
flood hazard area. Construction of new critical facilities shall be
permissible within the special flood hazard area if no feasible alternative
site is available. If permitted, critical facilities shall be elevated or
protected to or above the base flood elevation plus three (3) feet or the
500-year (0.2 percent chance) flood elevation, whichever is higher. Flood
proofing and sealing measures must be implemented to ensure that toxic
substances will not be displaced by or released into floodwaters. Access
routes elevated to or above the base flood elevation shall be provided to all
critical facilities to the maximum extent possible. Critical facilities shall
be designed to remain operable during such event.
ARTICLE XI. SUBDIVISIONS.
Sec. 12-54. Minimum requirements. Subdivision proposals, including proposals for
manufactured home parks and subdivisions, shall be reviewed to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
(b) All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to minimize or
eliminate flood damage; and
(c) Adequate drainage is provided to reduce exposure to flood hazards; in
30 ORDINANCE#2014-007
Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters
around and away from proposed structures.
Sec. 12-55. Subdivision plats. Where any portion of proposed subdivisions, including
manufactured home parks and subdivisions, lies within a flood hazard area, the following shall
be required:
(a) Delineation of flood hazard areas, floodway boundaries and flood zones,
and design flood elevations,as appropriate, shall be shown on preliminary plats;
(b) Where the subdivision has more than fifty (50) lots or is larger than five
(5) acres and base flood elevations are not included on the FIRM, the base flood
elevations determined in accordance with Section 12-32(a) of this chapter; and
(c) Compliance with the site improvement and utilities requirements of
Article XII of this chapter.
ARTICLE XII. SITE IMPROVEMENTS,UTILITIES AND LIMITATIONS.
Sec. 12-56. Minimum requirements. All proposed new development shall be reviewed
to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
(b) All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to minimize or
eliminate flood damage; and
(c) Adequate drainage is provided to reduce exposure to flood hazards; in
Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters
around and away from proposed structures.
Sec. 12-57. Sanitary sewage facilities. All new and replacement sanitary sewage
facilities, private sewage treatment plants (including all pumping stations and collector systems),
and on-site waste disposal systems shall be designed in accordance with the standards for onsite
sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters into the facilities and discharge from the
facilities into flood waters, and impairment of the facilities and systems.
31 ORDINANCE#2014-007
Sec. 12-58. Water supply facilities. All new and replacement water supply facilities
shall be designed in accordance with the water well construction standards in Chapter 62-
532.500, Florida Administrative Code ("F.A.C.") and ASCE 24 Chapter 7 to minimize or
eliminate infiltration of floodwaters into the systems.
Sec. 12-59. Limitations on sites in regulatory floodways. No development, including
but not limited to site improvements, and land disturbing activity involving fill or regrading,
shall be authorized in the regulatory floodway unless the floodway encroachment analysis
required in Section 12-33(a) of this chapter demonstrates that the proposed development or land
disturbing activity will not result in any increase in the base flood elevation.
Sec. 12-60. Limitations on placement of fill. Subject to the limitations of this chapter,
fill shall be designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters,prolonged inundation, and protection against flood-related erosion and
scour. In addition to these requirements, if intended to support buildings and structures (Zone A
only), fill shall comply with the requirements of the Florida Building Code. For all excavation
and fill projects, the volume of space occupied by the permitted fill below the base flood
elevation shall be compensated for and balanced by a hydraulically equivalent amount of
excavation taken from below the base flood elevation. All such excavation shall be connected to
a drainage canal directly or via a culvert.
Sec. 12-61. Limitations on sites in coastal high hazard areas (Zone V). In coastal
high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such
alteration is approved by the Florida Department of Environmental Protection and only if the
engineering analysis required by Section 12-33(d) of this chapter demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structures shall comply with Section 12-83(c) of this
chapter.
ARTICLE XIII. MANUFACTURED HOMES.
Sec. 12-62. General. All manufactured homes installed in flood hazard areas shall be
installed by an installer licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. If located seaward
of the coastal construction control line, all manufactured homes shall comply with the more
restrictive of the applicable requirements.
32 ORDINANCE#2014-007
Sec. 12-63. Foundations. All new manufactured homes and replacement manufactured
homes installed in flood hazard areas shall be installed on permanent, reinforced foundations
that:
(a) In flood hazard areas (Zone A) other than coastal high hazard areas, are
designed in accordance with the foundation requirements of the Florida Building
Code, "Residential", Section R322.2 and this chapter.
(b) In coastal high hazard areas (Zone V), are designed in accordance with the
foundation requirements of the Florida Building Code, "Residential", Section
R322.3 and this chapter.
Sec. 12-64. Anchoring. All new manufactured homes and replacement manufactured
homes shall be installed using methods and practices which minimize flood damage and shall be
securely anchored to an adequately anchored foundation system to resist flotation, collapse or
lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This anchoring requirement is in addition to applicable state and
local anchoring requirements for wind resistance.
Sec. 12-65. Elevation. Manufactured homes that are placed, replaced, or substantially
improved shall comply with Section 12-66 or 12-67 of this chapter, as applicable.
Sec. 12-66. General elevation requirement. Unless subject to the requirements of
Section 12-67 of this chapter, all manufactured homes that are placed, replaced, or substantially
improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion to an existing manufactured home
park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated
such that the bottom of the frame is at or above the elevation required, as applicable to the flood
hazard area, in the Florida Building Code, "Residential", Section R322.2 (Zone A) or Section
R322.3 (Zone V); and Section 12-53(c)(1)of this chapter.
Sec. 12-67. Elevation requirement for certain existing manufactured home parks
and subdivisions. Manufactured homes that are not subject to Section 12-66 of this chapter,
including manufactured homes that are placed, replaced, or substantially improved on sites
located in an existing manufactured home park or subdivision, unless on a site where substantial
33 ORDINANCE#2014-007
damage as result of flooding has occurred, shall be elevated such that either the:
(a) Bottom of the frame of the manufactured home is at or above the elevation
required, as applicable to the flood hazard area, in the Florida Building Code,
"Residential", Section R322.2 (Zone A) or Section R322.3 (Zone V); or
(b) Bottom of the frame is supported by reinforced piers or other foundation
elements of at least equivalent strength that are not less than thirty-six(36) inches in
height above grade.
Sec. 12-68. Enclosures. Enclosed areas below elevated manufactured homes shall
comply with the requirements of the Florida Building Code, "Residential", Section R322 for
such enclosed areas, as applicable to the flood hazard areas and Section 12-53(c)(2) of this
chapter.
Sec.12-69. Utility equipment. Utility equipment that serves manufactured homes,
including electric, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities, shall comply with the requirements of the Florida Building Code,
"Residential", Section R322, as applicable to the flood hazard area.
ARTICLE XIV. RECREATIONAL VEHICLES AND PARK TRAILERS.
Sec. 12-70. Temporary placement. Recreational vehicles and park trailers placed
temporarily in flood hazard areas shall:
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the site only by
quick-disconnect type utilities and security devices, and has no permanent
attachments such as additions, rooms, stairs,decks and porches.
Sec. 12-71. Permanent placement. Recreational vehicles and park trailers that do not
meet the limitations in Section 12-70 of this chapter for temporary placement shall meet the
requirements of Article XIII of this chapter for manufactured homes.
ARTICLE XV. TANKS.
Sec. 12-72. Underground tanks. Underground tanks in flood hazard areas shall be
anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
34 ORDINANCE#2014-007
assuming the tank is empty.
Sec. 12-73. Above-ground tanks not elevated. Above-ground tanks that do not meet
g � �'
the elevation requirements of Section 12-74 of this chapter shall:
(a) Be permitted in flood hazard areas(Zone A) other than coastal high hazard
areas, provided the tanks are anchored or otherwise designed and constructed to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of
buoyancy assuming the tank is empty and the effects of flood-borne debris.
(b) Not be permitted in coastal high hazard areas (Zone V).
Sec. 12-74. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas
shall be attached to and elevated to or above the design flood elevation on a supporting structure
that is designed to prevent flotation, collapse or lateral movement during conditions of the design
flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood
hazard area.
Sec.12-75. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(a) At or above the design flood elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the contents of the tanks during
conditions of the design flood; and
(b) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the design
flood.
ARTICLE XVI. OTHER DEVELOPMENT.
Sec. 12-76. General requirements for other development. All development, including
man-made changes to improved or unimproved real estate for which specific provisions are not
specified in this chapter or the Florida Building Code, shall:
(a) Be located and constructed to minimize flood damage;
(b) Meet the limitations of Section 12-59 of this chapter if located in a
regulated floodway;
(c) Be anchored to prevent flotation, collapse or lateral movement resulting
35 ORDINANCE#2014-007
from hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
(d) Be constructed of flood damage-resistant materials; and
(e) Have mechanical,plumbing, and electrical systems above the design flood
elevation, except that minimum electric service required to address life safety and
electric code requirements is permitted below the design flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
Sec. 12-77. Fences in regulated floodways. Fences in regulated floodways that have
the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,
shall meet the limitations of Section 12-59 of this chapter.
Sec. 12-78. Retaining walls, sidewalks and driveways in regulated floodways.
Retaining walls and sidewalks and driveways that involve the placement of fill in regulated
floodways shall meet the limitations of Section 12-59 of this chapter.
Sec. 12-79. Roads and watercourse crossings in regulated floodways. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means
for vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the limitations of Section 12-59 of this chapter.
Alteration of a watercourse that is part of a road or watercourse crossing shall meet the
requirements of Section 12-33(c)of this chapter.
Sec. 12-80. Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In
coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings
and structures provided the concrete slabs are designed and constructed to be:
(a) Structurally independent of the foundation system of the building or
structure;
(b) Frangible and not reinforced, so as to minimize debris during flooding that
is capable of causing significant damage to any structure; and
(c) Have a maximum slab thickness of not more than four(4) inches.
Sec. 12-81. Decks and patios in coastal high hazard areas (Zone V). In addition to
36 ORDINANCE#2014-007
the requirements of the Florida Building Code, in coastal high hazard areas decks and patios
shall be located,designed, and constructed in compliance with the following:
(a) A deck that is structurally attached to a building or structure shall have the
bottom of the lowest horizontal structural member at or above the design flood
elevation and any supporting members that extend below the design flood elevation
shall comply with the foundation requirements that apply to the building or
structure, which shall be designed to accommodate any increased loads resulting
from the attached deck.
(b) A deck or patio that is located below the design flood elevation shall be
structurally independent from buildings or structures and their foundation systems,
and shall be designed and constructed either to remain intact and in place during
design flood conditions or to break apart into small pieces to minimize debris
during flooding that is capable of causing structural damage to the building or
structure or to adjacent buildings and structures.
(c) A deck or patio that has a vertical thickness of more than twelve (12)
inches or that is constructed with more than the minimum amount of fill necessary
for site drainage shall not be approved unless an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to the building or
structure or to adjacent buildings and structures.
(d) A deck or patio that has a vertical thickness of twelve (12) inches or less
and that is at natural grade or on nonstructural fill material that is similar to and
compatible with local soils and is the minimum amount necessary for site drainage
may be approved without requiring analysis of the impact on diversion of
floodwaters or wave runup and wave reflection.
Sec. 12-82. Other development in coastal high hazard areas (Zone V). In coastal
high hazard areas, development activities other than buildings and structures shall be permitted
only if also authorized by the appropriate federal, state or local authority; if located outside the
footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by
qualified registered design professionals demonstrate no harmful diversion of floodwaters or
37 ORDINANCE#2014-007
wave run-up and wave reflection that would increase damage to adjacent buildings and
structures. Such other development activities include but are not limited to:
a Bulkheads seawalls retaining walls revetments and similar erosion
( ) g
control structures;
(b) Solid fences and privacy walls, and fences prone to trapping debris,unless
designed and constructed to fail under flood conditions less than the design flood or
otherwise function to avoid obstruction of floodwaters; and
(c) On-site sewage treatment and disposal systems defined in 64E-6.002,
F.A.C., as filled systems or mound systems.
Sec. 12-83. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high
hazard areas:
(a) Minor grading and the placement of minor quantities of nonstructural fill
shall be permitted for landscaping and for drainage purposes under and around
buildings.
(b) Nonstructural fill with finished slopes that are steeper than one unit
vertical to five units horizontal shall be permitted only if an analysis prepared by a
qualified registered design professional demonstrates no harmful diversion of
floodwaters or wave runup and wave reflection that would increase damage to
adjacent buildings and structures.
(c) Where authorized by the Florida Department of Environmental Protection
or applicable local approval, sand dune construction and restoration of sand dunes
under or around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave runup and wave
reflection if the scale and location of the dune work is consistent with local beach-
dune morphology and the vertical clearance is maintained between the top of the
sand dune and the lowest horizontal structural member of the building.
Section 3. Applicability. For the purposes of jurisdictional applicability, this ordinance
shall apply in the City of Dania Beach. This ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals, submitted on or
38 ORDINANCE#2014-007
after the date of adoption.
Section 4. Conflict. All ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed to the extent of such
conflict.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than
the part so declared.
Section 6. Effective Date. That this ordinance shall be in force and take effect
immediately upon its passage and adoption.
PASSED on first reading on May 27, 2014.
PASSED and ADOPTED on second reading on June 24,2014.
ATTEST:
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LOUISE STILSON, CMC 1' WAL ER B. DUKE, III
CITY CLERK MAYOR
APPROVED AS T O AND CORRECTNESS:
THO J. BR
CITY ATTO MI
39 ORDINANCE#2014-007