O-703-14 ORDINANCE NO. 703-14
AN ORDINANCE BY THE VILLAGE COUNCIL AMENDING THE MIAMI SHORES
VILLAGE CODE OF ORDINANCES TO REPEAL CHAPTER 8.5 FLOOD DAMAGE
PREVENTION; TO ADOPT A NEW CHAPTER 8.5 FLOOD MANAGEMENT ORDINANCE; TO
ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO
ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,
AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO
THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166—Municipalities,
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 has identified special flood
hazard areas within the boundaries of Miami Shores Village and such areas may be subject to
periodic inundation 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, Miami Shores Village was accepted for participation in the National Flood
Insurance Program on September 29, 1972 and the Village Council desires to continue to meet
the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for
such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; 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
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative
and technical amendments to the Florida Building Code to implement the National Flood
Insurance Program and incentives; and
WHEREAS, the Village Council, based upon review of local conditions and as
demonstrated by evidence has determined that there is a local need to strengthen the Florida
Building Code above the minimum requirements for buildings and structures in flood hazard
areas to apply the same elevation requirements to buildings and structures in the coastal high-
hazard areas regardless of direction of wave approach, and that the local need is addressed by
the increase in minimum standards; and
WHEREAS, the Village Council has determined that it is in the public interest to adopt
the proposed local technical amendment to the Florida Building Code and that the proposed
amendment is not more stringent than necessary to address the need identified, do not
discriminate against materials, products or construction techniques of demonstrated capabilities,
are in compliance with section 553.73(4), Florida Statutes; and
WHEREAS, the Village Council is adopting a requirement to apply coastal high hazard
area requirements in certain designated areas that are subject to moderate wave action for
buildings and structures in flood hazard areas for the purpose of participating in the National
Flood Insurance Program's Community Rating System and, pursuant to section 553.73(5), F.S.,
is formatting that requirement to coordinate with the Florida Building Code; and
WHEREAS, the Village Council has determined that it is in the public interest to adopt
the proposed floodplain management regulations that are coordinated with the Florida Building
Code.
NOW, THEREFORE, BE IT ORDAINED by the Village Council of Miami Shores Village
that the following floodplain management regulations, and the following local administrative
amendments to the 2010 Florida Building Code, are hereby adopted.
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part
hereof.
SECTION 2. This ordinance specifically repeals and replaces the following
ordinance(s) and regulation(s): Chapter 8.5 Flood Damage Prevention.
ARTICLE I. ADMINISTRATION
Sec. 8.5-1. Title.
These regulations shall be known as the Floodplain Management Ordinance of Miami
Shores Village, hereinafter referred to as "this ordinance."
Sec. 8.5-2. Scope.
The provisions of this ordinance shall apply to all development that is wholly within or
partially within any flood hazard area, including but not 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.
Sec. 8.5-3. Intent.
The purposes of this ordinance 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 hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) 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;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
Sec. 8.5-4. Coordination with the Florida Building Code.
This ordinance is intended to be administered and enforced in conjunction with the Florida
Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by
the Florida Building Code.
Sec. 8.5-5.Warning.
The degree of flood protection required by this ordinance and the Florida Building Code, as
amended by Miami Shores Village, is considered the minimum reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur. Flood
heights may be increased by man-made or natural causes. This ordinance does not imply that land
outside of mapped special flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations
contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the
requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by
the Federal Emergency Management Agency, requiring Miami Shores Village to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this ordinance.
Sec. 8.5-6. Disclaimer of Liability.
This ordinance shall not create liability on the part of Village Council of Miami Shores
Village or by any officer or employee thereof for any flood damage that results from reliance on
this ordinance or any administrative decision lawfully made thereunder.
ARTICLE II. APPLICABILITY
Sec. 8.5-7 General.
Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
Sec. 8.5-8. Areas to which this ordinance applies.
This ordinance shall apply to all flood hazard areas within the Miami Shores Village, as
established in Sec. 8.5-9 of this ordinance.
Sec. 8.5-9. Basis for establishing flood hazard areas.
The Flood Insurance Study for Miami-Dade County, Florida and Incorporated Areas dated
September 11, 2009 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 ordinance 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 Miami Shores Village Planning and Zoning Office, 10050 NE 2nd Avenue,
Miami Shores, FL 33138-2382.
Sec. 8.5-10. Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations, pursuant to ARTICLE V. of this
ordinance the Floodplain Administrator may require submission of additional data. Where field
surveyed topography prepared by a Florida licensed professional surveyor or digital topography
accepted by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements
of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
Sec. 8.5-11. Other laws.
The provisions of this ordinance shall not be deemed to nullify any provisions of local, state
or federal law.
Sec. 8.5-12. Abrogation and greater restrictions.
This ordinance supersedes any ordinance in effect for management of development in flood
hazard areas. However, it is not intended to repeal or abrogate any existing ordinances
including but not limited to land development regulations, zoning ordinances, stormwater
management regulations, or the Florida Building Code. In the event of a conflict between this
ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not
impair any deed restriction, covenant or easement, but any land that is subject to such interests
shall also be governed by this ordinance.
Sec. 8.5-13. Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
ARTICLE Ill. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
Sec. 8.5-14. Designation.
The Planning and Zoning Director is designated as the Floodplain Administrator. The
Floodplain Administrator may delegate performance of certain duties to other villageemployees.
Sec. 8.5-15. General.
The Floodplain Administrator is authorized and directed to administer and enforce the
provisions of this ordinance. The Floodplain Administrator shall have the authority to render
interpretations of this ordinance consistent with the intent and purpose of this ordinance and
may establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this ordinance without the granting of a variance pursuant to ARTICLE IV
of this ordinance.
Sec. 8.5-16. Applications and permits.
The Floodplain Administrator, in coordination with other pertinent offices of the village, shall:
(1) Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this ordinance;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably
safe from flooding;
(7) Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance with
this ordinance is demonstrated, or disapprove the same in the event of noncompliance;
and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this ordinance.
Sec. 8.5-17. Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy, additions,
rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any
other improvement of or work on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the pertinent market
value of the building or structure for purposes of this section shall be the market value
before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; the determination requires evaluation of
previous permits issued for improvements and repairs as specified in the definition of
"substantial improvement"; and
(4) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this ordinance is required.
Sec. 8.5-18. Modifications of the strict application of the requirements of the Florida
Building Code.
The Building Official shall coordinate with the Floodplain Administrator to review requests
submitted to the Building Official that seek approval to modify the strict application of the flood
resistant construction requirements of the Florida Building Code to determine whether such
requests require the granting of a variance pursuant to ARTICLE IV.
Sec. 8.5-19. Notices and orders.
The Floodplain Administrator shall coordinate with appropriate local agencies for the
issuance of all necessary notices or orders to ensure compliance with this ordinance.
Sec. 8.5-20. Inspections.
The Floodplain Administrator shall make the required inspections as specified in ARTICLE
VI of this ordinance for development that is not subject to the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code. The Floodplain
Administrator shall inspect flood hazard areas to determine if development is undertaken
without issuance of a permit.
Sec. 8.5-21. Other duties of the Floodplain Administrator.
The Floodplain Administrator shall have other duties, including but not limited to:
(1) Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Sec. 8.5-17 of this ordinance;
(2) 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 the Federal Emergency
Management Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses 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,
flood hazard area boundaries, or floodway designations; such submissions shall be
made within 6 months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code and this ordinance to determine that such
certifications and documentations are complete;
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of
Miami Shores Village are modified; and
(6) Advise applicants for new buildings and structures, including substantial improvements,
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. 8.5-22. 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 ordinance 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 ordinance; notifications to adjacent communities, FEMA, and the state related to
alterations of watercourses; 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 ordinance and the
flood resistant construction requirements of the Florida Building Code. These records shall be
available for public inspection at Village Hall, 10050 NE 2"d Avenue, Miami Shores, FL 33138-
2328, during business days between the hours of 8:30 a.m. and 4:00 p.m.
ARTICLE IV. PERMITS, VARIANCES AND APPEALS
Sec. 8.5-23. Permits required.
Any owner or owner's authorized agent(hereinafter"applicant") who intends to undertake
any development activity within the scope of this ordinance, including buildings, structures and
facilities exempt from the Florida Building Code, which is wholly within or partially within any flood
hazard area shall first make application to the Floodplain Administrator, and the Building Official
if applicable, and shall obtain the required permit(s)and approval(s). No such permit or approval
shall be issued until compliance with the requirements of this ordinance and all other applicable
codes and regulations has been satisfied.
Sec. 8.5-24. Floodplain development permits or approvals.
Floodplain development permits or approvals shall be issued pursuant to this ordinance for any
development activities not subject to the requirements of the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code. Depending on the
nature and extent of proposed development that includes a building or structure, the Floodplain
Administrator may determine that a floodplain development permit or approval is required in addition
to a building permit.
Sec. 8.5-25. Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are exempt
from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this ordinance:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
(6)
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps.
(10)Schools.
Sec. 8.5-26. 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 village. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) 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.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in ARTICLE V of
this ordinance.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
Sec. 8.5-27. Validity of permit or approval.
The issuance of a floodplain development permit or approval pursuant to this ordinance
shall not be construed to be a permit for, or approval of, any violation of this ordinance, the
Florida Building Codes, or any other ordinance of Miami Shores Village. The issuance of
permits based on submitted applications, construction documents, and information shall not
prevent the Floodplain Administrator from requiring the correction of errors and omissions.
Sec. 8.5-28. Expiration.
A floodplain development permit or approval shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions for periods of not more than 180 days each shall be requested in writing and
justifiable cause shall be demonstrated.
Sec. 8.5-29. Suspension or revocation.
The Floodplain Administrator is authorized to suspend or revoke a floodplain development
permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or
incomplete information, or in violation of this ordinance or any other ordinance, regulation or
requirement of Miami Shores Village.
Sec. 8.5-30. Other permits required.
Floodplain development permits and building permits shall include a condition that all other
applicable state or federal permits be obtained before commencement of the permitted
development, including but not limited to the following:
(1) The South Florida Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.141, F.S.
(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
(6) Federal permits and approvals.
ARTICLE V. SITE PLANS AND CONSTRUCTION DOCUMENTS
Sec. 8.5-31. Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the requirements of
this ordinance shall be drawn to scale and shall include, as applicable to the proposed
development:
(1) 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.
(2) Where base flood elevations, or floodway data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Sec. 8.5-32(2)or
(3) of this ordinance.
(3) Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and the base flood elevations are not included on
the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Sec. 8.5-32(1)of this ordinance.
(4) 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.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
(7) Delineation of the Coastal Construction Control Line or notation that the site is seaward
of the coastal construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
(9) Existing 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 ordinance 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 review of such submissions is not necessary to
ascertain compliance with this ordinance.
Sec. 8.5-32. 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:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants 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 floodway data available from a federal or state
agency or other source.
(3) 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:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
(b) Specify that the base flood elevation is two (2)feet above the highest
adjacent grade at the location of the development, provided there is no
evidence indicating flood depths have been or may be greater than two (2)
feet.
(4) 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.
Sec. 8.5-33. Additional analyses and certifications.
As applicable to the location and nature of the proposed development activity, 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:
(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Sec. 8.5-34 of this
ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA,
with the site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (1)foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity 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-carrying capacity; the applicant shall submit the analysis to
FEMA as specified in Sec. 8.5-34 of this ordinance.
(4) For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the proposed
alteration will not increase the potential for flood damage.
Sec. 8.5-34. 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 boundaries, 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 VI. INSPECTIONS
Sec. 8.5-35. General.
Development for which a floodplain development permit or approval is required shall be
subject to inspection.
Sec. 8.5-36. Development other than buildings and structures.
The Floodplain Administrator shall inspect all development to determine compliance with
the requirements of this ordinance and the conditions of issued floodplain development permits
or approvals.
Sec. 8.5-37. Buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities exempt from
the Florida Building Code to determine compliance with the requirements of this ordinance and
the conditions of issued floodplain development permits or approvals.
Sec. 8.5-38. Buildings, structures and facilities exempt from the Florida Building Code,
lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
(1) If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Sec. 8.5-32(3)(b)of this ordinance, the documentation of
height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner's authorized agent.
Sec. 8.5-39. Buildings, structures and facilities exempt from the Florida Building Code,
final inspection.
As part of the final inspection, the owner or owner's authorized agent shall submit to the
Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Sec. 8.5-38 of this
ordinance.
Sec. 8.5-40. Manufactured homes.
The Building Official shall inspect manufactured homes that are installed or replaced in
flood hazard areas to determine compliance with the requirements of this ordinance and the
conditions of the issued permit. Upon placement of a manufactured home, certification of the
elevation of the lowest floor shall be submitted to the Building Official.
ARTICLE VII. VARIANCES AND APPEALS
Sec. 8.5-41. General.
The Planning and Zoning Board shall hear and decide on requests for appeals and requests
for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S.,
the Planning and Zoning Board shall hear and decide on requests for appeals and requests for
variances from the strict application of the flood resistant construction requirements of the
Florida Building Code. This section does not apply to Section 3109 of the Florida Building
Code, Building.
Sec. 8.5-42. Flood hazard areas.
Pursuant to section 553.73(5), F.S., the variance procedures adopted in this local floodplain
management ordinance shall apply to requests submitted to the Building Official for variances to
the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the
provisions of R322 of the Florida Building Code, Residential. This section shall not apply to
Section 3109 of the Florida Building Code, Building.
Sec. 8.5-43. Appeals.
The Planning and Zoning Board shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the Floodplain Administrator in the
administration and enforcement of this ordinance. Any person aggrieved by the decision of
Planning and Zoning Board may appeal such decision to the Circuit Court, as provided by
Florida Statutes.
Sec. 8.5-44. Limitations on authority to grant variances.
The Planning and Zoning Board shall base its decisions on variances on technical
justifications submitted by applicants, the considerations for issuance in Sec. 8.5-48 of this
ordinance, the conditions of issuance set forth in Sec. 8.5-50 of this ordinance, and the
comments and recommendations of the Floodplain Administrator and the Building Official. The
Planning and Zoning Board has the right to attach such conditions for a variance as it deems
necessary to further the purposes and objectives of this ordinance.
Sec. 8.5-45. Restrictions in floodways.
A variance shall not be issued for any proposed development in a floodway if any increase
in base flood elevations would result, as evidenced by the applicable analyses and certifications
required in Sec. 8.5-44 of this ordinance.
Sec. 8.5-46. Historic buildings.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of a
historic building that is determined eligible for the exception to the flood resistant construction
requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings,
upon a 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.
Sec. 8.5-47. 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 ordinance,
provided the variance meets the requirements of Sec. 8.5-45, 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.
Sec. 8.5-48. Considerations for issuance of variances.
In reviewing requests for variances, the Planning and Zoning Board shall consider all
technical evaluations, all relevant factors, all other applicable provisions of the Florida Building
Code, this ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10)The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
Sec. 8.5-49. Building permits issued on the basis of an affidavit.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official
to issue permits, to rely on inspections, and to accept plans and construction documents on the
basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not
extend to the flood load and flood resistance construction requirements of the Florida Building
Code.
Sec. 8.5-50. Conditions for issuance of variances.
Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
(2) Determination by the Planning and Zoning Board that:
(a) Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws
and ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford
relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for$100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
ARTICLE VIII.VIOLATIONS
Sec. 8.5-51. Violations.
Any development that is not within the scope of the Florida Building Code but that is
regulated by this ordinance that is performed without an issued permit, that is in conflict with an
issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of
this ordinance. A building or structure without the documentation of elevation of the lowest floor,
other required design certifications, or other evidence of compliance required by this ordinance
or the Florida Building Code is presumed to be a violation until such time as that documentation
is provided.
Sec. 8.5-52. Authority.
For development that is not within the scope of the Florida Building Code but that is
regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator
is authorized to serve notices of violation or stop work orders to owners of the property involved,
to the owner's agent, or to the person or persons performing the work.
Sec. 8.5-53. Unlawful continuance.
Any person who shall continue any work after having been served with a notice of violation
or a stop work order, except such work as that person is directed by the village to perform to
remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by
law.
ARTICLE IX. DEFINITIONS
Sec. 8.5-54. Scope.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of
this ordinance, have the meanings shown in this section.
Sec. 8.5-55. Terms defined in the Florida Building Code.
Where terms are not defined in this ordinance and are defined in the Florida Building Code,
such terms shall have the meanings ascribed to them in that code.
Sec. 8.5-56. Terms not defined.
Where terms are not defined in this ordinance or the Florida Building Code, such terms shall
have ordinarily accepted meanings such as the context implies.
Sec. 8.5-57. Definitions.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity 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 ordinance or a request for a variance.
ASCE 24. A 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 1-percent chance of being equaled or exceeded in any given
year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the
"100-year flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) 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
sides. [Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line established by the State of Florida pursuant to
section 161.053, F.S., and recorded in the official records of the community, 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 V1430, VE, or V. [Note: The
FBC,B defines and uses the term "flood hazard areas subject to high velocity wave action" and
the FBC, R uses the term "coastal high hazard areas."]
Crown of road (center line). A line running parallel with the road right-of-way which is half
the distance between the extreme edges of the official right-of-way width.
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 1-percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the community'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 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(date the community's first floodplain management
ordinance was adopted). [Also defined in FBC, B, Section 1612.2.]
Existing manufactured home park or subdivision. 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) is
completed before May 20, 2008.
Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including 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, in 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.]
(1) The overflow of inland or tidal waters.
(2) The unusual 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 defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B,
Section 1612.2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community'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 community. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency 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 ordinance (may be referred to as the Floodplain
Manager).
Floodplain development permit or approval. An official document or certificate issued by
the community, 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 ordinance.
Floodway. The channel of a river or other riverine watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one (1)foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation 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.
Free of obstruction. Any type of lower area enclosure or other construction element will
not obstruct the flow of velocity water and wave action beneath the lowest horizontal structural
member of the lowest floor of an elevated building during a base flood event. This requirement
applies to the structures in velocity zones (V-zone)
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 11 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:
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.
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.
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
community'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 8,500
pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000
pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) 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-elevation
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 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided
into two or more manufactured home lots 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 having reasonable
knowledge of relevant facts. As used in this ordinance, 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, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser.
Minimum finished grade.The elevation established in the Miami Shores Flood Criteria
Maps at a specific development site or the crown of an existing adjacent road, whichever is
higher.
New construction. For the purposes of administration of this ordinance and the flood
resistant construction requirements of the Florida Building Code, structures for which the "start
of construction" commenced on or after May 20, 2008 and includes any subsequent
improvements to such structures.
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
quarters when connected to utilities necessary for operation of installed fixtures and appliances.
[Defined in 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01,
F.S.)
(1) Built on a single chassis;
(2) Four hundred (400)square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
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 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, V1-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 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, 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 part 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 50 percent of the market value of the building or 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 50 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 July 21, 2009. If the structure has incurred "substantial damage," any
repairs are considered substantial improvement regardless of the actual repair work performed.
The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.]
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this ordinance, 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 ordinance or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through,
or over which water flows at least periodically.
ARTICLE X. FLOOD RESISTANT DEVELOPMENT
Sec. 8.5-58. Design and construction of buildings, structures and facilities exempt from
the Florida Building Code.
Pursuant to Section 8.5-25 of this ordinance, buildings, structures, and facilities that are exempt
from the Florida Building Code, 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 ASCE 24. Structures exempt from the
Florida Building Code that are not walled and roofed buildings shall comply with the requirements of
ARTICLE XVI of this ordinance.
Sec. 8.5-59. 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 section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this ordinance and ASCE 24.
0
ARTICLE XI. SUBDIVISIONS
Sec. 8.5-60. Minimum requirements.
Subdivision proposals, including proposals for manufactured home parks and subdivisions,
shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
Sec. 8.5-61. 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:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats and final plats;
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 8.3-32(1)of this ordinance; and
(3) Compliance with the site improvement and utilities requirements of ARTICLE XII of this
ordinance.
ARTICLE XII. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 8.5-62. Minimum requirements.
All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
Sec. 8.5-63. Sanitary sewage facilities.
All new and replacement sanitary sewage facilities, private sewage treatment plants
(including all pumping stations and collector systems), and on-site waste disposal systems shall
be designed in accordance with the standards for onsite sewage treatment and disposal
systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into flood waters, and impairment
of the facilities and systems.
Sec. 8.5-64. Water supply facilities.
All new and replacement water supply facilities shall be designed in accordance with the
water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters into the systems.
Sec. 8.5-65. Limitations on sites in regulatory floodways.
No development, including but not limited to site improvements, and land disturbing activity
involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway
encroachment analysis required in Section 8.5-33(1)of this ordinance demonstrates that the
proposed development or land disturbing activity will not result in any increase in the base flood
elevation.
Sec. 8.5-66. Limitations on placement of fill.
Subject to the limitations of this ordinance, fill shall be designed to be stable under
conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged
inundation, and protection against flood-related erosion and scour. In addition to these
requirements, if intended to support buildings and structures (Zone A only), fill shall comply with
the requirements of the Florida Building Code.
Sec. 8.5-67. Limitations on sites in coastal high hazard areas (Zone V).
In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be
permitted only if such alteration is approved by the Florida Department of Environmental
Protection and only if the engineering analysis required by Section 8.5-33(4) of this ordinance
demonstrates that the proposed alteration will not increase the potential for flood damage.
Construction or restoration of dunes under or around elevated buildings and structures shall
comply with Section 8.5-81(3) of this ordinance.
ARTICLE XIII MANUFACTURED HOMES
Sec. 8.5-68. General. Manufactured homes as defined in Section 8.5-57 are not permitted in
Miami Shores Village.
ARTICLE XIV. RECREATIONAL VEHICLES AND PARK TRAILERS
Sec. 8.5-69. Temporary placement.
Recreational vehicles and park trailers placed temporarily in flood hazard areas and
otherwise complying with the provisions of the Miami Shores Village Code of Ordinances shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or
park model is on wheels or jacking system, is attached to the site only by quick-
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
ARTICLE XV. TANKS
Sec. 8.5-70. Underground tanks.
Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or
lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the
design flood, including the effects of buoyancy assuming the tank is empty.
Sec. 8.5-71. Above-ground tanks, not elevated.
Above-ground tanks that do not meet the elevation requirements of Sec. 8.5-72 of this
ordinance shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
Sec. 8.5-72. Above-ground tanks, elevated.
Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the
design flood elevation on a supporting structure that is designed to prevent flotation, collapse or
lateral movement during conditions of the design flood. Tank-supporting structures shall meet
the foundation requirements of the applicable flood hazard area.
Sec. 8.5-73. Tank inlets and vents.
Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
ARTICLE XVI. OTHER DEVELOPMENT
Sec. 8.5-74. 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 ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Sec. 8.5-65 of this ordinance if located in a regulated floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage-resistant materials; and
(5) 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. 8.5-75. Fences in regulated floodways.
Fences in regulated floodways that have the potential to block the passage of floodwaters,
such as stockade fences and wire mesh fences, shall meet the limitations of Sec. 8.5-65 of this
ordinance.
Sec. 8.5-76. Retaining walls, sidewalks and driveways in regulated floodways.
Retaining walls and sidewalks and driveways that involve the placement of fill in regulated
floodways shall meet the limitations of Sec. 8.5-65 of this ordinance.
Sec. 8.5-77. Roads and watercourse crossings in regulated floodways.
Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings
and similar means for vehicles or pedestrians to travel from one side of a watercourse to the
other side, that encroach into regulated floodways shall meet the limitations of Sec. 8.5-65 of
this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall
meet the requirements of Sec. 8.5-33(3) of this ordinance.
Sec. 8.5-78. Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V).
In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors,
landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or
adjacent to buildings and structures provided the concrete slabs are designed and constructed
to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four(4) inches.
Sec. 8.5-79. Decks and patios in coastal high hazard areas (Zone V).
In addition to the requirements of the Florida Building Code, in coastal high hazard areas
decks and patios shall be located, designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
Sec. 8.5-80. Other development in coastal high hazard areas (Zone V).
In coastal high hazard areas, development activities other than buildings and structures
shall be permitted only if also authorized by the appropriate federal, state or local authority; if
located outside the footprint of, and not structurally attached to, buildings and structures; and if
analyses prepared by qualified registered design professionals demonstrate no harmful
diversion of floodwaters or wave runup and wave reflection that would increase damage to
adjacent buildings and structures. Such other development activities include but are not limited
to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
Sec. 8.5-81. Nonstructural fill in coastal high hazard areas (Zone V).
In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification of
the diversion of floodwater or wave runup and wave reflection if the scale and location of
the dune work is consistent with local beach-dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal structural
member of the building.
Sec. 8.5-82. Minimum Finished Grade for Development in Special Flood Hazard Areas,
Flood Hazard Areas, Coastal A Zones, Coastal High Hazard Areas, or Outside Special
Flood Hazard Areas.
For uses other than residential requiring a floor, the floor elevation shall be a minimum of
four(4) inches above the elevation of the highest crown of road or street abutting such building
site or if the road has no crown, then the highest edge of cross section of the road shall apply.
For all residential uses, the floor elevation shall be a minimum of eight(8) inches above the
elevation of the highest crown of road or street abutting such building site or if the road has no
crown, then the highest edge of cross section of the road shall apply. In all cases and for all
uses and whether the property is located in a Special Flood Hazard Area, or outside, the floor
elevation obtained as above described, shall be compared against the base flood elevation
shown in the Flood Insurance Rate Maps and the higher of the two (2)shall be used for design
and construction.
Sec. 8.5-82. The Florida Building Code, Building is hereby amended by the following
technical amendment.
Sec. R322.2, R322.21 Florida Buildinct Code, Residential
Modify Section R322.2 and modify and renumber R322.21 and as follows:
R322.2 Flood hazard areas (including A Zones).
All areas that have been determined to be prone to flooding but not subject to high velocity
wave action shall be designated as flood hazard areas. Flood hazard areas that have been
delineated as subject to wave heights between 11/2 feet(457 mm) and 3 feet(914 mm) and
flood hazard areas that are identified on the Flood Insurance Rate Map as AE 10, shall be
designated as Coastal A Zones. All building and structures constructed in whole or in part in
flood hazard areas shall be designed and constructed in accordance with Sections R322.2.1
through R322.2.3.
R322.2.1 Coastal A Zones. Buildings and structures in flood hazard areas designated as
Coastal A Zones shall be designed and constructed in accordance with Section R322.3.
R322.2.24 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall
have the lowest floors elevated to or above the design flood elevation.
2. Buildings and stFuGtwesin fleed hazaFd areas designated as Geastal A ZORes shall haye the
lowest fleeFs elevated to or abeve t-he base flood elevatieR PIUS I f89t(305 FnFn), 9F t9 the
design flood elevations Whinhever i higher
2.3.In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor
(including basement)elevated at least as high above the highest adjacent grade as the depth
number specified in feet on the FIRM, or at least 2 feet(610 mm) if a depth number is not
specified.
3.4.13asement floors that are below grade on all sides shall be elevated to or above the design
flood elevation.
Exception: Enclosed areas below the design flood elevation, including basements whose
floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.
Modify Section R322.3.4. as follows:
R322.3.4 Walls below design flood elevation. Walls and partitions are permitted below the
elevated floor, provided that such walls and partitions are not part of the structural support of the
building or structure and:
1. Electrical, mechanical, and plumbing system components are not to be mounted on or
penetrate through walls that are designed to break away under flood loads; and
2. Are constructed with insect screening or open lattice; or
3. Are designed to break away or collapse without causing collapse, displacement or other
structural damage to the elevated portion of the building or supporting foundation system.
Such walls, framing and connections shall have a design safe loading resistance of not less
than 10 (479 Pa) and no more than 20 pounds per square foot(958 Pa); or
4. Where wind loading values of this code exceed 20 pounds per square foot(958 Pa), the
construction documents shall include documentation prepared and sealed by a registered
design professional that:
4.1.The walls and partitions below the design flood elevation have been designed to
collapse from a water load less than that which would occur during the design flood.
4.2.The elevated portion of the building and supporting foundation system have been
designed to withstand the effects of wind and flood loads acting simultaneously on all
building components (structural and nonstructural). Water loading values used shall be
those associated with the design flood. Wind loading values shall be those required by
this code.
5. If located in flood hazard areas designated as Coastal A Zones, the walls are provided with
flood openings that meet the criteria in R322.2.2.
Sec. 8.5-83. The Florida Building Code, Building is hereby amended by the following
technical amendment.
Sec. 322.3.2 Florida Building Code, Residential
Modify Section R323.2 as follows:
R322.3.2 Elevation requirements.
1. All buildings and structures erected within coastal high hazard areas shall be elevated so
that the lowest portion of all structural members supporting the lowest floor, with the
exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is:
1.1. Located at or above the base flood elevation plus 1 foot(305 mm) or the design flood
elevation whichever is higher, if the lowest horizontal structural member is oriented
parallel to the direction of wave approach, where parallel shall mean less than or equal
to 20 degrees (0.35 rad)from the direction of approach, or
1.2. Located at the base flood elevation plus 1 foot(305 mm), or the design flood elevation,
whichever is higher, if the lowest horizontal structural member is oriented perpendicular
to the direction of wave approach, where perpendicular shall mean greater than 20
degrees (0.35 rad)from the direction of approach.
2. Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited.
4. Minor grading, and the placement of minor quantities of fill, shall be permitted for
landscaping and for drainage purposes under and around buildings and for support of
parking slabs, pool decks, patios and walkways.
Exception: Walls and partitions enclosing areas below the design flood elevation shall
meet the requirements of Sections R322.3.4 and R322.3.5.
Sec. 8.5-84. The Florida Building Code, Building is hereby amended by the following
technical amendment.
Modify a definition in Section 1612.2. as follows:
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction,
rehabilitation, addition or improvement of a building or structure taking place during a 1—
year period, the cumulative cost of which equals or exceeds 50 percent of the market
value of the structure before the improvement or repair is started. For each building or
structure, the 1—year period begins on the date of the first improvement or repair of that
building or structure subsequent to July 21, 2009. If the structure has sustained
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 that the alteration will not preclude
the structure's continued designation as a historic structure.
(keep the underline and strike-thru because this modifies a definition that is in FBC, EB).
Sec. 8.5-85. The Florida Building Code, Existing Building is hereby amended by the
following technical amendment
Modify a definition in Section 202 as follows:
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction,
rehabilitation, addition or improvement of a building or structure taking place during a 1—
year period, the cumulative cost of which equals or exceeds 50 percent of the market
value of the structure before the improvement or repair is started. For each building or
structure. the 1—year period begins on the date of the first improvement or repair of that
building or structure subsequent to July 21, 2009. If the structure has sustained
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 that the alteration will not preclude
the structure's continued designation as a historic structure.
(keep the underline and strike-thru because this modifies a definition that is in FBQ EB).
Sec. 8.5-86. FISCAL IMPACT STATEMENT.
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
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.
Sec. 8.5-87. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in Miami Shores
Village. This ordinance shall apply to all applications for development, including building permit
applications and subdivision proposals, submitted on or after final adoption of this ordinance.
Sec. 8.6-88. REPEALER.
Any and all ordinances and regulations in conflict herewith are hereby repealed to the
extent of any conflict. This ordinance specifically repeals and replaces the following
ordinance(s) and regulation(s): Chapter 8.5 Flood Damage Prevention.
Sec. 8.5-89. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the Village Council that the provisions of this ordinance shall become and
be made a part of the Village of Miami Shores Code of Ordinances, and that the sections of this
ordinance may be renumbered or relettered and the word "ordinance" may be changed to
"section," "article," "regulation," or such other appropriate word or phrase in order to accomplish
such intentions.
Sec. 8.5-90. 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.
Sec. 8.5-91. EFFECTIVE DATE.
This ordinance shall take effect on adoption.
PASSED on first reading this 18th day of February , 2014.
PASSED and ADOPTED in regular session, with a quorum present and voting, by the
Village Council, upon second and final reading this 18th day of March , 2014.
Herta Holly, Mayor
ATTEST:
Mff IL
Barbara A. Estep, MM
Village Clerk
APPROVED AS TO FORM:
a
Richard Sarafan
Village Attorney