17. o MI iTil "Iff
To: The Honorable Mayor Stoddard and Members of the City
Commission
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Via: Buford R. "Randy" Witt, Acting City Manager / - Y). r� tlzu
From: Thomas J. Vageline, Director
Planning and Zoning Department /`d 1
Date: July 20, 2010 ITEM No. /7
Subiect
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida amending the South Miami Code of Ordinances by adding Section 7 -17
entitled "Type of Construction Required of All Principal Buildings" and Section 7-
18 entitled "Staging of construction and damage to public property, rights -of -way,
alleys or easements and trees and landscaping" to Chapter 7 "Buildings" in order to
list the types of construction allowed and prevent damage to public property;
providing for severability; providing for ordinances in conflict; and providing for
an effective date.
BACKGROUND
In recent months the Administration became aware that the City's regulations on
Buildings (Chapter 7, City Code) needed to be updated in order to recognize that new
construction types and materials permitted by the Florida Building Code were being used
throughout Florida (Section 7 -17). The draft amendment also includes within the Code
specific regulations protecting City property and rights -of way from damage occurring
during construction (Section 7 -18).
PROPOSED AMENDMENT
There are a number of types of construction allowed under the Florida Building Code;
and during the past several decades the type of construction has expanded to include
construction types that are now appropriate for the construction of single family houses
as well as other types of buildings. These include prefabricated concrete, pre -cast
concrete, poured -in -place concrete, steel panel and modular buildings. The new
construction types are as strong or stronger than conventional construction types and
allow for construction of buildings that may be at less cost per square foot than
conventional construction. It is to be noted that the new amendment continues the City's
prohibition of manufactured homes and mobile homes.
2
The attached draft ordinance was reviewed by the Environmental Review and
Preservation Board at its meeting on January 19, 2010. The Board recommended that the
amendment to the City Code be adopted.
There was discussion related to the definition of manufactured home and modular
buildings. In further research there are distinctions between these two types of
construction.
Manufactured home means a building, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term also includes park trailers,
travel trailers, and similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property.
Modular buildings are built in sections at a factory. Modular buildings are built to
conform to all state, local or regional building codes at their destinations. Sections are
transported to the building site on truck beds and then joined together by local
contractors. Local building inspectors check to make sure a modular building's structure
meets requirements and that all finish work is done properly..
The draft ordinance has been changed to allow for new definitions of these two
construction methods: Manufactured homes and Modular buildings.
The draft ordinance has been amended to provide penalties and timeframes for public
property damage restoration. These changes have been indicated as bolded and double
underlined for added words and the deleted words have been
RECOMMENDATION
It is recommended that the attached draft ordinance be approved on first reading.
Attachments:
Draft Ordinance
VV /SAY
Z: \Comm Items \2010 \7- 20- 10\City Code Amend Chap 7 Construction CM Report.doc
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida amending the South Miami Code of Ordinances by adding Section 7 -17
entitled "Type of Construction Required of All Principal Buildings" and Section 7 -18
entitled "Staging of construction and damage to public property, rights -of -way, alleys
or easements and trees and landscaping" to Chapter 7 "Buildings" in order to list the
types of construction allowed and prevent damage to public property; providing for
severability; providing for ordinances in conflict; and providing for an effective date.
WHEREAS, there are a number of types of construction allowed under the Florida
Building Code; and
WHEREAS, during the past several decades the type of construction has expanded
to include construction types that are now appropriate for the construction of single family
houses as well as other types of buildings; and
WHEREAS, prefabricated concrete, precast concrete, poured -in -place concrete,
steel panel and modular buildings allow for construction of buildings that may be at less
cost per square foot than conventional construction; and
WHEREAS, other types of construction are as strong or stronger than
conventional construction types; and
WHEREAS, the Environmental Review and Preservation Board at its meeting on
January 19, 2010 recommended the amendment to the City Codes; and
WHEREAS, the City Commission desires to accept the recommendation of the
Environmental Review and Preservation Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby approves amending Chapter 7 of the City's Code
of Ordinances entitled `Buildings" by making the following amendment:
Chapter 7 BUILDINGS
Section 7 -17. Type of Construction Required of All Principal Buildings.
a. All principal buildings erected within the city shall be constructed pursuant to the
requirements of the Florida Building Code including High Velocity Hurricane Zone
requirements as amended its revisions and interpretations, and pursuant to all other
applicable codes, and be constructed primarily of
1. Wood Frame construction
2. Concrete block construction
1 3. Prefabricated concrete or precast concrete construction
2 4. Poured -In -Place concrete construction
3 5. Steel panel construction
4 6. modular buildings construction
6 b. Definitions.
7 1. Manufactured home means a building, transportable in one or more
8 sections, which is built on a permanent chassis and designed to be used
9 with or without a permanent foundation when connected to the required
10 utilities. The term also includes park trailers, travel trailers, and similar
11 transportable structures placed on a site for 180 consecutive days or
12 longer and intended to be improved property. (Manufactured homes and
13 mobile homes are prohibited under Section 7 -17 of this Code.)
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15 2. Modular building construction shall mean that form of construction that
16 is built in sections at a factory. Modular buildings are built to conform
17 to all state, local or regional building codes at their destinations. Sections
18 are transported to the building site on truck beds and then joined
19 together by local contractors. Local building inspectors check to make
20 sure a modular building's structure meets requirements and that all
21 finish work is done properly.
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23 3. Mobile home shall mean homes built in a factory that conform to a
24 Federal building code, called the HUD code, rather than to building
25 codes at their destinations. Mobile homes are built on a non - removable
26 steel chassis. Sections are transported to the building site on their own
27 wheels. Segments are not always placed on a permanent foundation.
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29 c. Buildings constructed as manufactured homes and mobile homes shall not be
30 permitted.
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32 Section 7 -18. Staging of construction and damage to public property, rights -of -way, alleys
33 or easements and trees and landscaping.
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35 a. Construction of any type shall be done in such a way as to avoid damage to public
36 property, rights- of -way, alleys or easements and trees and landscaping. Delivery of
37 preconstructed portions of a building shall be scheduled such that the vehicles
38 delivering the preconstructed pieces are not too large for the streets accessing the
39 project. Cranes and similar equipment shall be positioned so as not to damage
40 existing trees or landscaping on the project property or public property, rights -of-
41 way, alleys or easements and trees and landscaping.
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b. Any public property, rights -of -way, alleys or easements and trees and landscaping
damaged by construction or trees and landscaping on the project property so
damaged shall be repaired, replaced, corrected or otherwise fixed within thirty
(30) calendar dUs of the occurrence of the dam b the eneral contractor
project owner, or successor in ownership or the property shall he liened for the
occupancy for the Jroiect until all damage has been repaired renlaeed or
corrected•
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
GMW1_9.1
CITY CLERK
day of 12010
MAYOR
1 st Reading —
2ad Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items \2010 \7- 20- 1 0\City Code Amend Chap 7 Construction Ord July 2010.wbk