HomeMy WebLinkAboutO-2005-008 Flood Elevation final versionORDINANCE NO. 2005-008
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
PERTAINING TO FLOOD DAMAGE PREVENTION; AMENDING CHAPTER
12, ENTITLED "FLOOD DAMAGE PREVENTION", ARTICLE 1, ENTITLED
"IN GENERAL", SECTIONS 12-5 "DEFINITIONS" AND 12-7 "BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD", ARTICLE 11,
ENTITLED, "ADMINISTRATION", SECTION 12-33, "PERMIT
PROCEDURES" AND ARTICLE 111, ENTITLED "HAZARD REDUCTION",
SECTION 12-52, "SPECIFIC STANDARDS" OF THE CITY CODE OF
ORDINANCES, TO UPDATE ALL SUCH PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, recommendations have been made to the City that provisions in Chapter 12,
"Flood Damage Prevention", be updated and amended;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Article 1, "In General", Sections 12-5, "Definitions, and 12-7, "Basis
for establishing the areas of special flood hazard" of the City of Dania Beach Code of
Ordinances, are amended to read as follows:
ARTICLE 1. IN GENERAL
See. 12-5. Definitions.
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Development means any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavating, drilling operations, or storage of materials or equipment.
Existing manufactured home park or subdivision means 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) i-swas completed before the effeetive date of the fleedplain management r-egtda4ions
adopted by a eemmunityFebruary 15, 1978.
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Increased Cost of GenstruetionCompliance (ICC) means the eest to repair- a substantially
damaged building that exeeeds the minimal repair- eest and fha4 is fequif!ed te bfing-a
substantially dainaged building into eemplianee with the leeal fIE)ed dafflage pr-eVe
or-dinanee. WC insufanee eevefage is pr-evided in a standar-d (NFIP) jqeed insura
polieycoverage by a standard flood insurance policy under the NFIP that provides for the
payment of a claim for the cost to comply with the State of Florida and Cily of Dania
Beach floodplain management laws or ordinances after a direct physical loss by flood,
when the City of Dania Beach declares the structure to be "substantially" or "repetitively".
flood -damaged. ICC coverage is provided for in evejy standard NFIP flood insurance
policy and will help pay for the cost to floodproof, relocate, elevate, or demolish the
flood -damaged structure.
New construction means, for the purposes of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial
FIRM or after Deeember- 31, 1974 Februaly 15, 1978, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes, "new
construction" means structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
Primary frontal dune means a continuous or nearlv continuous mound or rid2e of sand
with relatively steep seaward and landward slopes immediately landward and adjacent to
the beach and subject to erosion and overtopping from high tides and waves during major
coastal storms. The inland limit of the priniM frontal dune occurs at the point where
there is a distinct change from a relatively steep slope to a relatively mild slope.
Special flood hazard area (SFHA) (see Area of special flood hazard) means an area
having special flood hazard and shown on a FHBM or FIRM as Zone A, AO, Al-A30,
AE, A99, er-AH, V 1 -3 0, VE or V.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal of exceed fifty
(50) percent of the market value of the structure before the damage occurred. f Substantial
damage also means flood -related damages 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 the average, equals or exceeds twenty-five (25) percent of the market
value of the structure before the damage occurred4A
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Optionai but required fef IGG eligibility for substantially damaged buildings.
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See. 12-7. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency in its Flood Insurance RaAe Study for Broward County, Florida and IncoKporated
Areas Map (FIRA4) #120034 001 and 002--, dated August 18, 1992, with accompanying
maps and other supporting data, and any revision thereto, are adopted by reference and
declared to be a part of this chapter.
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Section 2. That Article 11, "Administration", Section 12-33, "Permit procedures" of
the City of Dania Beach Code of Ordinances, is amended to read as follows:
ARTICLE 11. ADMINISTRATION
See. 12-33. Permit procedures.
Application for a development permit shall be made to the building official on
forms furnished by him or her prior to any development activities, and may include, but
not be limited to, the following plans, in duplicate, drawn to scale showing the nature,
location, dimensions and elevations of the area in question; existing or proposed
structures, fill, storage of materials or equipment, dr-ainingdrainage facilities, and the
location of the foregoing. Specifically, the following information is required:
(1) Application stage.
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(e) Elevation in relation to mean sea level of the bottom of the
lowest horizontal structural member in VE Zones.
(f) Location of existing and proposed infrastructure and utilities.
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Section 3. That Article 111, "Hazard Reduction, Section 12-52, "Specific standards",
of the City of Dania Beach Code of Ordinances, is amended to read as follows:
ARTICLE 111. HAZARD REDUCTION
3 ORDINANCE #2005-008
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Sec. 12-52. Specific standards.
In all areas of special flood hazard where base flood elevation data have been provided, as
set forth in section 12-7, or section 12-32(k), the following provisions are required:
(1) Residential construction. New construction or substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated no lower than eight (9) feet NGNID of . one
(1) foot above the base flood elevation as specified on the Mood
iInsurance fRate mMa -4-i-h—Ter- is gfeater. Should solid foundation
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perimeter walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in
accordance with the standards of subsection (3) of this section.
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(2) Nonresidential construction. New construction or substantial
improvement of any commercial, industrial, or nonresidential structure
shall have the lowest floor, including basement, elevated no lower than
eight (9) feet NGNID one (1) foot above the base flood elevation as
is specified on the Mood ilnsurance r-Rate inMan, whichever- is gr-ea4ef
Structures located in all A Zones may be floodproofed in lieu of being
elevated provided that all areas of the structure below the required
elevation are watertight with walls substantially impermeable to the
passage of water, and use structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
A registered professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such certification shall be
provided to the official as set forth in section 12-33(2).
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(5) Coastal high hazard areas (V Zones). Located within the areas of special
flood hazard established in section 12-7, are areas designated as coastal high
hazard areas. These areas have special flood hazards associated with wave wash,
therefore, the following provisions shall apply:
(b) All buildings or structures shall be elevated so that the bottom of
the lowest supporting horizontal member of the lowest floor (excluding
pilings or columns) is located no lower than thii4een (13) feet above the
base flood elevation kwel, with all space below the lowest horizontal
4 ORDINANCE #2005-008
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supporting member of the lowest floor open so as not to impede the flow
of water. Open lattice work or decorative screening may be permitted for
aesthetic purposes only and must be designed to wash away in the event of
abnormal wave action and in accordance with subsection (5)(h).
Breakaway walls may be pennitted and must be designed to wash away in
the event of abnormal wave action and in accordance with subsection (5).
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Section 4. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed.
Section 6. That this ordinance shall be effective immediately at adoption on second
reading.
PASSED and ADOPTED on first reading on March 22, 2005.
PASSED and ADOPTED on second reading on April 12, 2005.
Q"" C'.�
ANNE CASTRO
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER BERTINO- YES
LOUISE STILSON COMMISSIONER MCELYEA - NO
CITY CLERK VICE -MAYOR FLURY- YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
I �') ' � 4 M,
BY:
S A 0
RNEY
CITY AT/ 0
5 ORDINANCE #2005-008
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORIDA
MIAMI, MIAMI DADE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE
BEFORP THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED
Lv�,, �1, � WHO, ON OATH, SAYS THAT
HE/SHE 18 A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED
DEPARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE
ATTACHED COPY OF ADVERTISEMENT, BEING A:
ORDIANCES 2005-0018 AND 2005-009
IN THE MATTER OF:
Ordinances 2005 008 and 2005 009
IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE
ISSUES OF:
4/1, 1 X 12331809
AFFIANT FUR71HER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,
EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA,
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF
ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT
HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR
CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID
NEWSPA
CS
(SIGNATORE OF AFFIANT)
SWORN TO AND SUBSCRIBED BEFORE ME
ON: 01-April-2005 , A.D.
(SIGNATURE OF NOTARY PnLIC)
Tara L Wak
MY CC*1MISSION4 DD024939 E)(PIRES
)U�- 20,2005
(NAME OF NOTARY, TYPED, PRINTE R STAMPED)
PERSONALLY KNOWN y
PRODUCED IDENTIFICATION
OR
BEFORF CIT-Y COMM*
SION CITY OF DANIA'
BEACH. FLORIDA. ME.
CARDING ADOPTION OF
THE FOLLOWING PRO.
POSED ORDINANCE:
NOTICE IS HEREBY GIV.
EN trat the City CPmmi5_
sion of the City of Oanl
8eacM, Florida. on Apr,81
12. 2005, at 7:00 P M. or
as soon thereafter as the,
Ina�tef May be heard, will
lccrn'�tict -a Public hearing
jin tre City Commission
�Charnbers of the Dania
Beacm City Hall, 100 West
Cania Beach Boulevard,
Dania Beach, Florida to
conScer the proposed
,adoption of the following
Ordinances entitled:
ORDINANCE NO. 2005-
1008
AN ORDINANCE OF THE
�CIT', OF DANIA BEACH,
IFLOR[UA PERTAINING TO
�FLOOD DAMAGE PREVEN.
TION, AMENDING CHAP.
TER 12. ENTITLED "FLOOD
!UAMAGE PREVENTION-,
4ARTICLE 1. ENTITLED "IN
GENERAL". SECTIONS
12 5 "DEFINITIONS' AND
12-7 "BASIS FOR ESTAB-
ILISHING THE AREAS OF
ISPECIAL PLOOD HAZARD'.
,ARTICLE 11, ENTITLED,
!"ADMINISTRATION- SEC-
.1TfON 12-33, "PERMliPRO.
ICEDURES" AND ARTICLE
Ill. ENTITLED "HAZARD RE.
DUCTION", SECTION 12.
152. "SPECIFIC STAN-
jDARDS- OF THE CITY
;COCE OF ORDINANCES, TO
1UPDATE ALL SUCH PROW.
jSIONS ' PROVIDING FOR
jSEVERABILITY; PROVIDING
!FOR CONFLICTS; FUR-
THER. PROVIDING FOR AN
EFFECTIVE DATE. - I
ORDINANCE NO. 2005.
009
AN ORDINANCE OF THE
CITY OF DANIA BEACH,
aLORIDA AMENDING
.HAPTER 25 ENTITLED
TRAFP[C", ARTICLE III,
ENTITLED "PARKING', Dl-
VISiQN 2, ENTITLED
" ENFORCEMENT". SEC-.
,[ON 25-77,
AP-
PEAL", OF THE CITY CODE '
I OF ORDINANCES TO AU-
,THORIZE 7HE USE OFJ
HEARING OFFICERS FOR
MUNICIPAL PARKING OR-
DINANCE VIOLATIONS;;
PROVIDiNG FOR SEVERA-e
BILITY PROVIDING FOR'
CONF6CTS. FURTHER,;
PROVIDING FOR AN EF-:
FECTIVE DATE.
Copies of the proposed.
Ordinances are an file in�
trie Office of the City
ICIerk, City Hill, 100 Westl
:Dania Beach Boulevard 1
Dania Beach, Florida, andl
may De Inspected by thej
public during normal;
,working hours,
I Interestecl parties mayi
jappear at the aforesaidi
&eting and be heard'
with respect to the pro-!
posed Any Person who
decides to appeal any de-;
cision made try the City
commission With respect!
to any matter considered
at this hearing will need a
record of the proceeclings�
and for such purpose may
need to ensure that a ver-
batim record of the pro-
ceedings is made, which
record includes the testl-
mony ancl evidence upon
which the appeal is to bel
based.
In accordance with the
American with Disabilities
Act, persons needing as-
sistance to participate In
any of the proceedn
S ty
Should contact Louise _
son, City Clerk, 100 West
Dania Beach Boulevard,
Dania Beach, Florida
33004. (954) 924-3622 ati
least 48 hours prior to the
meeting
Isi Louis Sbi.�r
City Clerk
April 1, 2004