HomeMy WebLinkAboutO-2015-008 Amending Chapter 12 Flood Damage Prevention ORDINANCE NO. 2015-008
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 12, ENTITLED, "FLOOD
DAMAGE PREVENTION" OF THE CITY CODE OF ORDINANCES TO
PROVIDE FOR REVISIONS PERTAINING TO THE ACCUMULATION OF
COSTS OF IMPROVEMENTS AND REPAIRS OF BUILDINGS BASED
UPON ISSUED BUILDING PERMITS OVER A ONE (1) YEAR PERIOD
INSTEAD OF A FIVE (5) YEAR PERIOD, 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, the City is formatting that requirement to
coordinate with the Florida Building Code; and
WHEREAS, the City Commission previously adopted 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, the City is formatting
those requirements to coordinate with the Florida Building Code; and
WHEREAS, the City Commission is now amending the requirement to require
accumulation of costs of improvements and repairs of buildings based on issued building permits
from over a five (5) year period to a one (1) year period; and
WHEREAS, the City Commission has determined that it is in the public interest to
amend 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:
Section 1. Recitals. That the foregoing "Whereas" clauses are true and correct and they
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 amended to read as follows:
CHAPTER 12. Flood Damage Prevention; Article I. General.
ARTICLE IX. Definitions.
Sec. 12-52. General.
Substantial improvement.
Any combination of repair, reconstruction, rehabilitation, addition, or other improvement
of a building or structure taking place during a five-(5) one 1 year period, the cumulative cost
of which equals or exceeds fifty (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) one 1
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.
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(b) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
ARTICLE X. FLOOD RESISTANT DEVELOPMENT.
Sec. 12-53. Buildings and Structures.
(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:
(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)one 1 year period,
the cumulative cost of which equals or exceeds fifty (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) one 1 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.
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
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
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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 March 24, 2015.
PASSED and ADOPTED on second reading on April 14, 2015.
ATTEST: 'S MUM C/�y
LOUISE STILSON, CMC SALVINO, SR.
CITY CLERK AYOR
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APPROVED AS TO AND CORRECTNESS:
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THOMAS J. SBR
CITY ATTOYds4EY
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