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O-2018-021 ORDINANCE NO. 2018-02 1 2 AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI 3 SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 6 BUILDING 4 AND BUILDING REGULATIONS, OF THE VILLAGE CODE OF 5 ORDINANCES, BY AMENDING SEC. 6-12 BY TECHNICAL 6 AMENDMENT, TO ELEVATE CONSTRUCTION IN FLOOD HAZARD 7 AREAS INCLUDING FLOOD HAZARD AREAS DESIGNATED AS 8 COASTAL A ZONES TO NOT LESS THAN TWO FEET ABOVE THE 9 BASE FLOOD ELEVATION OR THE DESIGN FLOOD ELEVATION, 10 WHICHEVER IS HIGHER, PROVIDING FOR CONFLICTS, PROVIDING 11 FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the Village administration initiated a review of Chapter 6 Building and Building 15 Regulations to consider the Florida Building Code Residential technical amendments to Sec. 6-12 as 16 required by State of Florida Division of Emergency Management to bring Chapter 6 into conformity with the 17 Florida Building Code; and, 18 19 WHEREAS, the Legislature of the State of Florida has, in Chapter 166 – Municipalities, Florida 20 Statutes, conferred upon local governments the authority to adopt regulations designed to promote the 21 public health, safety, and general welfare of its citizenry; and 22 23 WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas 24 within the boundaries of Miami Shores Village and such areas may be subject to periodic inundation which 25 may result in loss of life and property, health and safety hazards, disruption of commerce and governmental 26 services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, 27 all of which adversely affect the public health, safety and general welfare, and 28 29 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a 30 mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state 31 building code, called the Florida Building Code; and 32 33 WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the Florida 34 Building Code that provide for more stringent requirements than those specified in the Code; and 35 36 WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative and 37 technical amendments to the Florida Building Code to implement the National Flood Insurance Program 38 and incentives; and 39 40 WHEREAS, the Village Council, based upon review of local conditions, recent events, and as 41 demonstrated by evidence, has determined that there is a local need to strengthen the Florida Building 42 Code above the minimum requirements for buildings and structures in flood hazard areas to apply the same 43 elevation requirements to buildings and structures in the coastal high hazard areas regardless of direction 44 of wave approach, and the local need is addressed by the increase in minimum standards; and 45 46 WHEREAS, the Village Council has determined that it is in the public interest to adopt the proposed 47 local technical amendments to the Florida Building Code and the proposed amendment is not more 48 stringent than necessary to address the needs identified, do not discriminate against materials, products or 49 construction techniques of demonstrated capabilities, are in compliance with section 553.73(4), Florida 50 Statutes; and 51 52 WHEREAS, Miami Shores Village was accepted for participation in the National Flood Insurance 53 Program on September 29, 1972 and the Village Council desires to continue to meet the requirements of 54 Title 44 Code of Federal Regulations, sections 59 and 60, necessary for such participation; and 55 56 2 WHEREAS, the Village Council is desires to adopt a requirement to apply flood hazard area 1 requirements to certain designated Coastal A Zones that are subject to moderate wave action to buildings 2 and structures in flood hazard areas for the purpose of participating in the National Flood Insurance 3 Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that 4 requirement to coordinate with the Florida Building Code; and 5 WHFEREAS, the Village Council desires to adopt a requirement to increase the minimum elevation 6 requirements for buildings and structures in flood hazard areas and flood hazard areas designated as 7 Coastal A Zones to not less than two foot above the base flood elevation or the design flood elevation, 8 whichever is higher for the purpose of participation in the National Flood Insurance Program's Community 9 Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with 10 the Florida Building Code; and 11 12 WHEREAS, the Village Council, has determined that it is in the public interest to adopt the proposed 13 floodplain management regulations that are coordinated with the State adoption of the 6th Edition to the 14 2017 Florida Building Code with an effective date of December 31, 2017. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL, that the 17 following floodplain management regulations, and the following local administrative amendments to the 6th 18 Edition to the 2017 Florida Building Code, are adopted. 19 20 Section 1. That Chapter 6 Building and Building Regulations, Sec. 6-12. The Florida Building 21 Code, Residential is hereby amended by the following technical amendments: (words that are stricken out 22 are deletions; words that are underlined are additions). 23 24 25 Chapter 6 Building and Building Regulations 26 Sec. 6-12. – The Florida Building Code, Residential is hereby amended by the following technical amendments: 27 R322.2 Flood hazard areas (including A Zones). 28 All areas that have been determined to be prone to flooding but not subject to high velocity wave action 29 shall be designated as flood hazard areas. Flood hazard areas that have been delineated as subject to 30 wave heights between 1 1 / 2 feet (457 mm) and 3 feet (914 mm) and flood hazard areas that are identified 31 on the Flood Insurance Rate Map as AE 10, shall be designated as Coastal A Zones. All building and 32 structures constructed in whole or in part in flood hazard areas shall be designed and constructed in 33 accordance with Sections R322.2.1 through R322.2.3, and Section R322.3 if in a designated Coastal A 34 Zone. 35 R322.2.1 Elevation requirements. 36 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the 37 lowest floors elevated to or above the design flood elevation. 38 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the 39 lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or the design 40 flood elevation, whichever is higher. 41 2. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor 42 (including basement) elevated at least as high above the highest adjacent grade as the depth 43 number specified in feet on the FIRM, or at least 2 feet (610 mm) if a depth number is not 44 specified. 45 3. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood 46 elevation plus 1 foot or the design flood elevation, whichever is higher. 47 Exception: Enclosed areas below the design flood elevation, including basements whose floors are 48 not below grade on all sides, shall meet the requirements of Section R322.2.2. 49 3 R322.3.2 Elevation requirements. 1 1. All buildings and structures erected within coastal high hazard areas shall be elevated so that the 2 lowest portion of all structural members supporting the lowest floor, with the exception of mat or 3 raft foundations, piling, pile caps, columns, grade beams and bracing, is: 4 1.1. Located at or above the base flood elevation plus 1 foot (305 mm) or the design flood 5 elevation whichever is higher, if the lowest horizontal structural member is oriented parallel 6 to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees 7 (0.35 rad) from the direction of approach, or 8 1.2. Located at the base flood elevation plus 1 foot (305 mm), or the design flood elevation, 9 whichever is higher, if the lowest horizontal structural member is oriented perpendicular to 10 the direction of wave approach, where perpendicular shall mean greater than 20 degrees 11 (0.35 rad) from the direction of approach. 12 2. Basement floors that are below grade on all sides are prohibited. 13 3. The use of fill for structural support is prohibited. 14 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and 15 for drainage purposes under and around buildings and for support of parking slabs, pool decks, 16 patios and walkways. 17 Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the 18 requirements of Sections R322.3.4 and R322.3.5. 19 Areas that have been determined to be prone to flooding and that are not subject to high-velocity 20 wave action shall be designated as flood hazard areas. Flood hazard areas that have been delineated as 21 subject to wave heights between 11/2 feet (457 mm) and 3 feet (914 mm) or otherwise designated by the 22 jurisdiction shall be designated as Coastal A Zones and are subject to the requirements of Section 23 R322.3. Buildings and structures constructed in whole or in part in flood hazard areas shall be designed 24 and constructed in accordance with Sections R322.2.1 through R322.2.3. 25 R322.2.1Elevation requirements. 26 1. Buildings and structures in flood hazard areas, including flood hazard areas designated as 27 Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 28 2 foot (610 mm), or the design flood elevation, whichever is higher. 29 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor 30 (including basement) elevated to a height above the highest adjacent grade of not less than the 31 depth number specified in feet (mm) on the FIRM plus 2 foot (610 mm), or not less than 3 feet 32 (915 mm) if a depth number is not specified. 33 3. Basement floors that are below grade on all sides shall be elevated to or above base flood 34 elevation plus 2 foot (610 mm), or the design flood elevation, whichever is higher. 35 Exception: Enclosed areas below the design flood elevation, including basements with floors that 36 are not below grade on all sides, shall meet the requirements of Section R322.2.2. 37 38 R322.3.4 Walls below design flood elevation. Walls and partitions are permitted below the elevated floor, 39 provided that such walls and partitions are not part of the structural support of the building or structure and: 40 1. Electrical, mechanical, and plumbing system components are not to be mounted on or penetrate 41 through walls that are designed to break away under flood loads; and 42 2. Are constructed with insect screening or open lattice; or 43 3. Are designed to break away or collapse without causing collapse, displacement or other structural 44 damage to the elevated portion of the building or supporting foundation system. Such walls, 45 4 framing and connections shall have a design safe loading resistance of not less than 10 (479 Pa) 1 and no more than 20 pounds per square foot (958 Pa); or 2 4. Where wind loading values of this code exceed 20 pounds per square foot (958 Pa), the 3 construction documents shall include documentation prepared and sealed by a registered design 4 professional that: 5 4.1. The walls and partitions below the design flood elevation have been designed to collapse 6 from a water load less than that which would occur during the design flood. 7 4.2. The elevated portion of the building and supporting foundation system have been designed 8 to withstand the effects of wind and flood loads acting simultaneously on all building 9 components (structural and nonstructural). Water loading values used shall be those 10 associated with the design flood elevation. Wind loading values shall be those required by 11 this code. 12 5. If located in flood hazard areas designated as Coastal A Zones, the walls are provided with flood 13 openings that meet the criteria in R322.2.2. 14 15 Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent 16 herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with 17 this Ordinance. 18 19 Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or 20 unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity 21 of the remaining portions of this Ordinance, which shall be deemed to be severable therefrom. 22 23 Section 4. This Ordinance shall become effective immediately upon adoption on second 24 reading. 25 26 Passed on first reading this 5th day of December, 2017. 27 28 Passed and adopted on second reading this 9th day of January, 2018. 29 30 ATTEST: 31