HomeMy WebLinkAboutO-2024-003 Amending Ch. 12 Flood Damage PreventionORDINANCE NO. 2024-()X3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 12, ENTITLED, "FLOOD
DAMAGE PREVENTION'' OF THE CITY'S CODE OF ORDINANCES IN
ORDER TO AMEND THE ELEVATION REQUIREMENTS FOR ALL NEW
AND SUB ST ANTIALL Y IMPROVED RESIDENTIAL AND NON-
RESIDENTIAL BUILDINGS , STRUCTURES, MANUFACTURED HOMES
AND FOR OTHER PURPOSES ; AND ADOPTING TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR
SEVERABILITY, CODIFICATION; PROVIDING FOR CONFLICTS; AND
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has , in Chapter 166 , F lorida Statutes,
conferTed 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 haza rd areas within the boundaries of the City of Dania Beach and such areas may
be subject to periodic inundation (flooding) which ma y result in lo ss of life and property, heal.th
and safety hazard s, disruption of commerce and governmenta l services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of which
ad ve rsely affect the public health , safety and general welfare; and
WHEREAS, the City of Dania Beach was accepted for participati on 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 requirem ents 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 C ity Commission is adopting amendments to Chapter 12 of the City's
Code of Ordinances, entitled "Flood Damage Prevention", for the purpose of strengthening the
City's participation in the National Flood Insurance Program's Community Rating System and,
where applicable, pursuant to Section 553.73(5), F .S., is formatting the City's flood damage
prevention 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 I . GENERAL.
* * *
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 ha zard areas to:
(a) Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
(b) Require the use of appropriate construction practices m order to prevent or
minimize future flood damage;
(c) Manage filling , grading, dredging, mining, paving, excavation, drilling
operations, storage of equipment or materials, and other development which may increa se 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;
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(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 Title 44, Code of Federal Regulations, Section 59 .22.
* * *
ARTICLE Il. APPLICABILITY
* * *
Sec. 12-9. Basis for establishing flood hazard areas.
The Flood Insurance Study for Broward County, Florida and Incorporated Areas dated 1\ugust
18, 2014 July 31, 2024, 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 chapter 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 B lvd. Dania Beach, FL 33004.
* * *
Sec. 12-21. Other duties of the floodplain administrator.
The floodplain administrator shall have other duties , including but not limited to:
(a) Establish, procedures for administering and documenting dete1minations 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";
.(hl.Je) Require applicants who submit hydrologic and hydraulic engineering ana lyses to
support permit applications to submit to FEMA the data and information necessary to maintain
the flood insurance rate maps if the analyses propose to change base flood elevations, QLflood
hazard area boundaries, or floodway designations; such submissions shall be made within six (6)
months of such data becoming availab le;
.(0._tdJ Review required design certifications and documentation of elevations specified
3 ORDINANCE #2024-C:03
by this chapter and the Florida Building Code to determine that such certifications and
documentations are complete;
.(g)_EeJ Notify the Federal Emergency Management Agency when the corporate
boundaries of Dania Beach are modified; and
hlE!t Advise applicants for new buildings and structures, including substantial
i~provements, 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 chapter and the flood resistant
construction requirements of the Florida Building Code, including flood insurance rate maps;
letters of change; records of issuance of 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, FEW,, and the state related to alterations of
1uatereourses; 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 constrnction requirements of the Florida Building Code. These records shall be
avai lab le for public inspection at Dania Beach City Hall located at 100 W. Dania Bach Blvd.
Dania Beach, FL 33004
* * *
4 ORDINANCE #2024-CC,3
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 de velopment:
(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 floodv,ay data are not included on the Flru.4 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 ·.vill 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 F00-1 or in the flood insurance study, such elevatioAs shall be established in
accordance with section 12 32(a) of this chapter .
.(hl.Je) 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.
{B_(e) Location, extent, amount, and proposed final grades of any filling, 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;
@)_(£) Where the placement of fill is proposed, amount, type, and source of fill material;
compaction s pecifications; a description of the intended purpo se of the fill areas; and evidence
that the proposed fill areas are the minimum necessary to achieve the intended purpose .
.(tl_fg) Delineation of the coa stal construction control line or notation that th e site is
seawa rd of that line, if applicable.
ill .. Jh) Extent of any proposed alteration of sand dunes or mangrove stands, provided
such alteration is approved by the Florida Department of Environmental Protection.
5 ORDINANCE #2024-a'J3
(i) E*isting 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 chapter 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 rev iew of such submissions is not necessary to ascertain compliance
with this chapter.
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 d ata prepared in accordance
with currently accepted engineering practices.
(b) Obta in, revi ew, and prov ide to applicant 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 floodv1ay data avai lable from a federal or state agency or other so urce.
( 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 m
accordance with currently accepted engineering practices; or
(2) Specify that the base flood elevation is three (3) feet above the highest
adjacent grade at the location of the development, pro v ided there is no evidence
indicating flood depths have been or may be greater than 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 .
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Sec. 12-3 3. Ad ditional analyses an d certifications.
For activities that propose to alter sand dunes or mangrove stands in coastal high ha zard areas
(Zone Y), the app licant shall submit with the site p lan and cons truction documents an
engineering ana lysis prepared, signed and sealed by a Florida licensed engineer that
demonstrates that the proposed alteration will not increase the potentia l for flood damage. As
applicab le to the location and nature of the proposed development acth1 ity 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 floodv1ay , a
floodv,ray encroachment analysis that demonstrates that the encroachment of the proposed
de•1elopment •will not cause any increase m base flood elevations; where the applicant propos es
to lttldertake de•1elopment activities that do increase base flood elevations, the appli cant shall
submit such analysis to FEMA as specified in section 12 3 4 of this chapter and shall submit the
conditional letter of map revision, if issued by FEMA, with the site plan and cons truction
documents .
(b) For development activities proposed to be located in a riverine flood ha'tlard area
for which base flo o d el evations are included in the flo o d insurance study or on the FIRM and
flo odways have not been designated, hydrologic and hydraulic analyses that demonstrate that the
cumu lative effect of the proposed development, when combined with all other mu s ting and
anticipated flood haz3ard area encroachments, •.vill 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 ha'tlard
areas not connected to a riverine fl ood ha 'tlard area or in flood ha 'tl ard areas identified as 'tl one AO
or'tlone AH.
(c) For alteration of a watercour se, an engineeiing analysis prepared in accordance
w ith standard engineering practices •Nhich demonstrates that the flood carrying capacit)1 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 cany.ng
capacity; the applicant shall submit the ana lysis to FEMA as specified in s ection 12 34 of this
ch apter.
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(d) For activities that propose to alter sand danes or mangrove stands in coastal high
ha2ard areas (2one V), afl 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 bmmdaries, 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 VII. VARIANCES AND APPEALS
* * *
Sec. 12-44. Reserved . Restrietiees in fleedwoys.
A variance shall not be issued for any proposed development in a floodway if any iflcrease in
base flood elevations would result, as evidenced by the applicable analyses and certifications
required in section 12 33 of this chapter.
Sec. 12-45. Historic buildings.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic
building that is d etermined eligible for the exception to the flood resistant construction
requirements of the Florida Building Code, Existing Building Chapter 12._H 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.
8 ORDINANCE #2024-®
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 4 4, 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.
* * *
ARTICLE IX DEFINITIONS
Sec. 12-52. General.
(a) Scope. Unless otherwise expressly stated, the following words and terms shall , for
the purposes of this chapter, have the meanings shown in this section.
(b) Terms defined in the Florida Building Code. Where terms are not defined in this
article and are defined in the Florida Building Code, such terms sha ll have the meanings ascribed
to them in that Code.
( c) Terms not defined. Where terms are not defined in this article or the Florida
Building Code, such terms shall have ordinarily accepted meanings su ch as the context implies.
( d) Definitions.
A/.teretion &f e welercourse. A dam, impoundment, channe l relocation, change in channel
alignment, channelination, or change in cross sectional area of the channel or the channel
capacity, or any other form of modification v1hich may alter, impede, retard or change the
direction or velocity (or any or aH 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 24A 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 I-percent chance of being equaled or exceeded in any given year.
[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 "I-percent-annual chance flood".
9 ORDINANCE #2024-®
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NA VD) 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 sid es.
[Also defined in FBC, B , Section 1612.2.]
Coastal construction control line. The line established by the State of Florida pursuant to F.S. §
161.053 , 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 Vl-V30, VE, or V. [Note: The FBC, B defines and
uses the term "flood hazard areas subject to high 'relocity ·wave action" and the FBC, Ruses 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 activ ities 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 Flood
Design Class 3 Risk Category III and Flood Design Class 4 Risk Category IV pursuant to the
Florida Building Code, Building.
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 (NA VD), unless otherwise approved by the Floodplain Manager.
Declaration of land restriction (Nonconversion agreement). A form provided by the floodplain
10 ORDINANCE #2024ill3
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 below elevated
dwellings.
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 I-percent or greater chance of flooding in any
year; or
(2) Area designated as a flood hazard area on the city's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to
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 Febmary 15, 1978. [Also defined in FBC, B, Section 1612.2.]
Existing memtfactured home perk or scuhdi¥ision. A manufactured home park or subdivision for
which the eon.struction of facilities for servicing t.he lots on which the manufactured homes are to
be affixed (including, at a. minimum, the iastalla.tioa of utilities, the con.struetion of streets, and
either fiaal site gradiag or the pouring of concrete pads) is completed before February 15 , 1978.
Expensio~~ to cm existing mtmufeetured home perk or subdivision. The preparation of additional
11 ORDINANCE #2024-f.113
sites by the collstruction of facilities for servicing the lots on ·Nhich the manufactured homes are
to be affixed (inelud-ing 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, m 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
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
(a) The overflow of inland or tidal waters.
(b) The unusua l 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 defmed 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 ha zard area on the city's flood hazard map, or
otherwise legally designated.
Flood insurance rate map (FIRM). 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 is sued 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.
12 ORDINANCE #2024-.aJ:3
Floedway. The channel of a river or other riverine ·.vatercornse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the •.yater
surface elevation more than one (1) foot. [Also defined ia FBC, B, Section 1612.2.]
Floedway encr0cwhme,1t amilysis. A..n engineering analysis of the impact that a proposed
encroachment into a floodv1ay is expected to hw1e on the floodway boundaries and base flood
elevations; the evaluatioa 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 RH 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:
fil_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.
{hl__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.
13 ORDINANCE #2024-C03
(£)_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 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 eight thousand
five hundred (8 ,5 00) pounds gross vehicular weight rating or less which has a vehicular curb
weight of s ix thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-
five ( 45) square feet or less, which is:
(a) Designed primarily for purposes of transpo1iation of property or is a deriv ation of
such a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than
twelve (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 -e levation 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 lSC-1 .0 101 , F.A.C.]
14 ORDINANCE #2024-C/)'3
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lo ts 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 ha11ing reasonable
knowledge of relevant foots . As used in this chapter, the The term refers to the market value of
buildings and structures , excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, is the actual cash value (in-kind
replacement cost depreciated for age, wear and tear, neglect, and quality of construction)
determined by a qualified independent appraiser, or tax assessment valu e adjusted to
approximate market value by a factor provided by the county property appraiser.
New construction. For the pmposes 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 .
l"lew m0nufaetured home pm·k or subdivision. A manufactured home park or subdivision for
1which 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 po wing of concrete pads) is completed on or after February 15 ,
-1-9-1-&-
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 qua1ters
when connected to utilities necessary for operation of installed fixtures and appliances. [Defined
in F.S. § 320.01.]
Recreational vehicle. A vehicle, including a park trailer, which is: [See F.S. § 320.01 .)
(a) Built on a single chassis;
(b) Fom hundred (400) square feet or less when measured at the largest hori zontal
projection;
( c) Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) Designed primarily not for u se as a permanent dwelling but as temporary l iving
quarters for recreational, camping, travel, or seasonal use.
15 ORDINANCE #2024-{xr3
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, Vl-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 to
existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within one hundred eighty (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 patt 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
forty -nine ( 49) 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 (2)
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.]
S ubstantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or
other improvement of a building or stmcture taking place during a one (1) year period, the
cumulative cost of which equals or exceeds forty -nine ( 49) 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
s tructure subsequent to the date of permit issuance. If the structure has incuned "substantial
16 ORDINANCE #20 24-1XS3
damage," any repairs are considered a substantial improvement regardless of the actual repair
work performed. The term does not, however, include e ither: [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.
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 ·.vater flov;s at least periodically.
ARTICLE X FLOOD RESISTANT DEVELOPMENT
Sec. 12-53. Buildings and structures.
(a) Design and construction of buildings, structures and facilities exempt fr om the
Florida Building Co de. 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 substantia l 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 ha zard area:
(1) Buildings and structures shall be designed and constrncted to comply w ith
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 strnctures as defined in F .S. §
17 ORDINANCE #2024-.ffJ3
(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 rooms unless a partition is required by the
fire code.
(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 defined in Sec .
12-52 of this chapter. follows:
Substantial intprovement. Any eombination of repmr, reconstruction, rehabilitation,
addition, or other improvement of a building or structure taking place during a one year
pe1:iod, the cumulative cost of which equals or exceeds forty nine (49) perceat of the
market value of the building or structure before the improvement or repair is started. For
each building or struetw=e, the one 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 ineurred "substantial damage," any repairs are eonsidered
substantial improvement regardless of the actual repair work performed. The term does
not, however, include either:
l . Any prajeet for improvemeat of a building required to correct mdsting health,
sanitary, or safety code vio lations 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
strueture's eontinued desigootion 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 Building", definitions for the term "substantial damage" shall be as defined in
19 ORDINANCE #2024-{X' ~
Sec. 12-52 of this chapter. foUov1s:
8ubsUmtit1l dtm'lt1ge. 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
forty nine (49) pereent of the market value of the building or structure before the damage
oceurred. The term also includes flood related damage sustained by a structure on two (2)
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.
(5) Critical facilities. Construction of new and substantially improved critical
facilities shall be located outside the limits of the s pecial 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 elevation required by ASCE 24, the base flood elevation plus
three (3) feet or the five hundred-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. SUBDWISIONS
* * *
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 fi v e (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
20 ORDINANCE #2 024 -lt':J
(c) Compliance with the site improvement and utilities requirements of article XIl of
this chapter.
ARTICLE XII. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
* * *
Sec. 12-59. Reserved. Limitatiees ee sites ie regulatery fleed·"'·ays.
No development, including but not limited to site improvements, and land disturbing activity
involving fill or regrading, shall be authorizaed in the regulatory floodv,ray unless the floodv,ray
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.
* * *
ARTICLE XIII. MANUFACTURED HOMES
* * *
Sec. 12-65. Reserved. Ele¥atiee.
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 ele~·atien Elevation requirement.
(a) All manufactured homes in special flood hazard areas, including new
installations, substantial improvements, and replacement homes shall be elevated such that the
bottom of the frame is at or above the elevation required by section 12-53(c)(l) of this chapter,
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)(l) 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 supp01ted by
reinforced piers or other foundation elements of at least equivalent strength that are not less than
21 ORDINANCE #2024-CO~
thirty-six (36) inches in height above grade or above the elevation required by section 12-
53(c)(l) of this chapter; or at least six (6) inches abo11e the crown of road ele11ation of the road
adjacent to the plot, v1hiohe11er is higher.
* * *
ARTICLE XVL 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:
Be located and constructed to minimize flood damage; (a)
(b) Meet the limitations of section 12 59 of this chapter if located in a regulated
flood•.vay;
fhl_te) Be anchored to prevent flotation , collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;
@Ed) Be constructed of flood damage-resistant materials; and
@_fej 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. Reserved. Fenees in regulated fleadways.
Fences in regulated floodways that have the potential to block tbe 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. Reserved. Retaining waUs, sidewallEs and driveways in regulated flaadways.
Retaining walls and sidewalks and dri•1eways that in11ol11e the placement of fill in regulated
floodv,ays shall meet the limitations of Section 12 59 of this chapter.
22 ORDINANCE #2024-.ru
Sec. 12-79. Reserved. Roods end watereourse erossiogs in regulated fl00Elwoys.
R-0ads and watereoUrse crossings, including roads, bridges, culverts, lov,r water crossings and
similar means for vehicles or pedestrians to travel from one side of a •.vatercourse to the other
side, that encroach into regulated floodv,rays shall meet the limitations of section 12 59 of this
chapter. Alteration of a watercourse that is part of a road or watereoUrse crossing shall meet the
requirements of section 12 33(e) of this chapter.
* * *
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 lo cal
technical amendments because all development has been subject to the requirements of the local
floodplain management ord inance 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 app ly 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 w ith the provis ion s 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 10
days after passage.
23 ORDINANCE #2024-&J
PASSED on first reading on f-<1.tbrU(U1.;J '11 , 2024.
PASSED and ADOPTED on second reading on k\{,l(CN\ \1, , 2024.
First Reading: .
Motion by: (1 mm, ~,,cntr ~tmt.,S
Second by: \ (::( tv\CUf.Y Lew \ ~V)
Second Reading:
Motion by: G'IYYO i «(C.nf r J::i CO£ t;.
Second by: ~ -~ ( ~( {;( yCJ l.R..0
FINAL VOTE ON ADOPTION: Unanimous /
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
APPROVED AS TO FORM AND CORRECTNESS:
/2__:
24
ARCHIBAL
MAYOR
ORDINAN CE #20 24 -.@3