HomeMy WebLinkAboutO-2018-013 Amending Ch. 12 Flood Damage Prevention ORDINANCE NO. 2018-013
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 ADD
DEFINITIONS OF TERMS; TO PROVIDE FOR REVISIONS PERTAINING
TO DEFINITIONS OF THE TERMS "SUBSTANTIAL IMPROVEMENT"
AND "SUBSTANTIAL DAMAGE" AS TO PERCENTAGE THRESHOLDS
RELATED TO BUILDING AND STRUCTURE REPAIRS AND SIMILAR
ACTIVITIES; AMENDING ELEVATION REQUIREMENTS FOR ALL NEW
AND SUBSTANTIALLY IMPROVED RESIDENTIAL AND NON-
RESIDENTIAL BUILDINGS AND STRUCTURES; AMENDING
PROVISIONS RELATING TO ENCLOSURE LIMITS, MANUFACTURED
HOMES AND FOR OTHER PURPOSES; ADOPTING TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE; 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, Chapter 553, Florida Statutes, allows for local technical amendments to the
Florida Building Code that provide for more stringent requirements than those specified in the
Code and allows adoption of local administrative and local technical amendments to the Florida
Building Code to implement the National Flood Insurance Program and incentives; and
WHEREAS, the City Commission is adopting amendments to Chapter 12 of the City
Code of Ordinances to (1) change the substantial improvement and substantial damage
thresholds; (2) require nonconversion agreements for enclosed areas under elevated dwellings;
and (3) establish elevation requirements for manufactured homes consistent with other buildings
and structures for the purpose of strengthening City participation in the National Flood Insurance
Program's Community Rating System and, where applicable, pursuant to Section 553.73(5),
F.S., is formatting those requirements to coordinate with the Florida Building Code (the "FBC");
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 1. GENERAL.
Sec. 12-2. Scope.
Unless otherwise specified, t-The provisions of this chapter shall apply to all development
that is wholly within or partially within any flood hazard area, including but 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.
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ARTICLE IV. PERMITS.
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.
(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 and information as required by the floodplain administrator.
For projects that propose to enclose areas under elevated buildings, include a
signed declaration of land restriction (nonconversion agreement); the agreement
shall be recorded in the Broward County public records applicable to the property
prior to issuance of the certificate of occupancy_
ARTICLE IX. DEFINITIONS.
Sec. 12-52. General.
Crown of road. The elevation of the highest surface of street pavement within the right-
of-way abutting the property relative to the National Geodetic Vertical Datum (NGVD) or North
American Vertical Datum(NAVD), unless otherwise approved by the Floodplain Manager.
Declaration of land restriction (Nonconversion agreement). A form provided by the
Floodplain Administrator to be signed by the owner and recorded in the public records of
Broward County applicable to the property in which the owner covenants not to convert or
modify a building, structure or both in any manner that is inconsistent with the terms of the
building permit and these regulations, including regulations applicable to enclosures constructed
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below elevated dwellings.
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 fly-forty-nine (5949) 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 ten-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. (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 one (1) year
period, the cumulative cost of which equals or exceeds fr€tyforty-nine (5949) percent of the
market value of the building or structure before the improvement or repair is started. For each
building or structure, the 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 a 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
structure's continued designation as a historic structure.
ARTICLE X. FLOOD RESISTANT DEVELOPMENT.
Sec. 12-53. Buildings and Structures.
(a) Design and construction of buildings, structures and facilities exempt 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,
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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
the ASCE 24 standard. 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 F.S. §
161.54, 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 iti,,na Elevation (€reeboafd) irements. For building '
flood hazard areas, the minimum elevation r-equirements in thke—Perrida
Building ,2, "R-esiden4 ", shall be-t6or- c`lboye the base eleyat-i
„its one (1) feet-.
a. All new and substantially improved residential buildings and structures in
special flood hazard areas shall have the lowest floor, including basement,
elevated to or above the elevation required in the Florida Building Code.
b. All new and substantially improved non-residential buildings and
structures in special flood hazard areas shall either have the lowest floor,
including basement, elevated to or above the elevation required in the
Florida Building Code, or together with attendant utility and sanitary
facilities be designed so that the structure is watertight to that elevation
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with walls substantially impermeable to the passage of water and with
structural components havingthe he capability of resisting_hydrostatic and
hydrodynamic loads and effects of buoyancy.
(2) Limitations on enclosed areas below an 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 premises (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 Section 202 of the Florida Building
Code, Building and Section 202 of 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 one (1) year period, the cumulative cost of which equals or exceeds
€rft�-forty-nine (5049) percent of the market value of the building or structure
before the improvement or repair is started. For each building or structure, the 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
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not preclude the structure's continued designation as a historic
structure.
(4) Repetitive flood damage and substantial damage. In Section 202 of the
Florida Building Code, "building" and Section 202 of the Florida Building
Code, "existing Existing building 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 exceed fifty--forty nine (5449) 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 ten-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.
ARTICLE XIII. - MANUFACTURED HOMES
Sec. 12-66. - General elevation requirement.
_(a) Unless sebjeet to the requirements of seetien-12 67 of this ehapte--aAll
manufactured homes in special flood hazard areas, including new installations, substantial
improvements, and replacement homes that are ,.laeea v,.laeeaor- substantially improved
damage"sites leeated; (a) outside of a n+anufaetwed home park or- subdivision; (b) in a new manufaetwed
home park or- subdivision; (e) i . sion to an existing manufaetwed home pafk of
subdivision; or (d) in an existing ffianufaehjrtad hiqmia. park or- subdivision upon "ieh—a
manufaetured home has ineuffed "substantial as the result of a fleed, 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.
(b) All manufactured homes that are placed or replaced on sites outside special flood
hazard areas (Zone X) shall be elevated such that the bottom of the frame is supported by
reinforced piers or other foundation elements of at least equivalent strength that are not less than
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36 inches in height above grade; or at least six (6) inches above the crown of road elevation of
the road adjacent to the plot, whichever is higher.
See. 12 67. Elevation r-equkemefA fef eei4ain existing manufaetwed home par-ks anA
„l d
existing manufaetufed home pafk or- subdivision, unless en a site where substantial damage-as
r-estilt off1.,.,. ing has o ,.,.o,l shall be elevated sue sueh that either-the;
applieable to the flood hazard area, in the Florida Building Code, "Residential", See
(a) Beffem of the fr-afne of the manufaetufed heme is at or above the elevation required, as
foundation elemei4s of at least equivalefA strength and not less than thil4y six (36)
inehes in height above grade or-above the base fleed elevation plus one feet, whiehe
r-estilts in the highest elevation;
Sec. 12-6769. —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. 12-6869. —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.
Section 3. In terms of design, plan application review, construction and inspection of
buildings and structures, the cost impact as an overall average is negligible in regard to the local
technical amendments because all development has been subject to the requirements of the local
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floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
Section 4. 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 5. 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 6. 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 7. Effective Date. That this Ordinance shall be in force and take effect
immediately upon its passage and adoption.
PASSED on first reading on June 26, 2018.
PASSED and ADOPTED on second reading on July 24, 2018.
ATTEST:
s
THOMAS SCHNEIDER, CMC A� TAMARA JAMVJ§
CITY CLERK "J�8 �r` MAYOR
/SHED
APPROVED AS TO il
AND CORRECTNESS:
6)—
rA ,
I
THOM S J. S O
CITY ATTO E
9 ORDINANCE#2018-013
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT WEXIM MAUL
Governor Director
September 7, 2018
Mr. Robert Baldwin, City Manager
City of Dania Beach S E P 14 5011
100 W. Dania Beach Boulevard
Dania Beach, FL 33004-3643 By
Dear Mr. Baldwin;
This letter acknowledges receipt and approval of Ordinance No.2018-013 related
to Chapter 12 (Flood Damage Prevention)of the City's Code of Ordinances. The
ordinance amends previsions adapted by Ordinance 2014-007.We appreciate the City's
careful attention to maintaining consistency with the requirements of the National Flood
Insurance Program.
Please note that any subsequent changes to these regulations, including any future
amendments to adopt requirements or code amendments that exceed NFIP minimums, are
subject to review by this office prior to adoption. As the NFIP State Coordinating Agency,
one of our responsibilities is to work with communities to ensure they remain compliant with
the NFIP requirements for participation in the NFIP.
Please do not hesitate to contact us at floods(Mem myflorida.com and (850)815-4556.
Sincerely,
e ''-
I —:C�
Steve Martin
State Floodpiain`Manager
Bureau of Mitigation
SM/rq
cc: Eleanor Norena, Operations Manager
BIVISION HEADQUARTFIRS '
2555 Shumard Oak Blvd T91:850-815-4000 2702 Directors Row
Tallahassee, FL 32389-2100 www.FlorldaDlaaster.oro Orlando, FL 32809-583,1