Ord No 30-21-2420Ordinance No. 30-21-2420
An Ordinance amending Chapter lOA, Flood Damage and Prevention, of the
City of South Miami Code of Ordinances.
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 Florida Department of Emergency Management, State Floodplain
Management Office, provided a review of Chapter 10A Flood Damage and Prevention, identifying
clarifications and corrections necessary to satisfy the requirements of the National Flood Insurance
Program and achieve consistency with the Florida Building Code; and
WHEREAS, the Florida Building Code includes provisions for buildings in flood hazard
areas, including a requirement for buildings to be elevated to or above the base flood elevation
plus one foot, and coordination between Chapter lOA and the Florida Building Code is necessary
to avoid conflict; and
WHEREAS, definitions for terms not used are removed; and
WHEREAS, the installation of manufactured homes is not permitted in the City, thus
removal of provisions governing the installation of manufactured homes is appropriate; and
WHEREAS, the Federal Emergency Management Agency (FEMA) released FEMA
Policy # 104-008-03 Floodplain Management Requirements for Agricultural Structures and
Accessory Structures; and the City Commission has determined it appropriate to adopt regulations
that are consistent with the FEMA Policy to allow issuance of permits for at-grade wet
floodproofed accessory structures that are not larger than the sizes specified in the FEMA Policy.
WHEREAS, there are no riverine bodies of water in the City of South Miami, thus removal
of provisions governing riverine bodies of water, including floodways, is appropriate; and
WHEREAS, the City Commission has determined it to be appropriate to adopt the
amendments identified herein in order to remain in compliance with FEMA and the National Flood
Insurance rate Program (NFIP).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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Ord. No. 30-21-2420
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter lOA, Sections lOA-5, lOA-7, lOA-lO, lOA-2l, lOA-22, lOA-26, lOA-
27, lOA-28, lOA-29, and lOA-42 of the City of South Miami Code of Ordinances is hereby
amended and shall read as follows:
Section lOA-5 -Definitions.
***
Appeal means a request for a review of the floodplain administrator's interpretation of any
provision of this chapter or a reql::lest for a varianee.
***
Certification means a statement under oath by a Florida licensed architect or engineer. or
by such other professional who is required by this Chapter to certify to the truthfulness of
specific facts.
***
Datum means a reference surface used to ensure that all elevation records are properly
related. The current national datum is the ~JatioRal Geodetie Vertieal Datl::lffi ~JGVD) of
1929, '"hieh is expressed iR relation to mean sea level, or the North American Vertical
Datum (NA VD) of 1988.
***
EJc'l6lcd 8Hihli/9g means a non basement bl::lildiRg bl:lilt to have the lo\,.,est floor elevated
above the grol::lRd level by fol::lRdatioR 'Nalls, posts, piers, eoll::lmRs, piliRgS, or shear ",'aIls.
***
Existing construction means, for the purposes of floodplain management, structures for
which "the start of construction" commenced before September 29, 1972 November 17,
+992-. E~dstiRg eORstruetioR, means for the pl:lf}3oses of determiRiRg rates struetl::lres for
vmieh the "start of eonstruetion" eommeneed before Jl::lRe 1 8, 1974. This term may also be
referred to as "existing structures".
Exisli19g 191:811:ujaCtHYcd hBl'11:C p8yk BY SH8divisiB19 means a manl::lfaetl:lred home parle or
sl::lbdi'lision for vlhieh the eonstrl::letion of faeilities for servieing the lots OR lNhieh the
ffiaRl:lfaetl::lred homes are to be affixed (inell::ldiRg at a miniml::lm the iRstallatioH of l::ltilities,
the eonstrl::letion of streets, and either final site gradiRg or the pOl::lring of eORerete pads) is
eOffi}3leted before ~Jovember 17, 1992.
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Ord. No. 30-21-2420
Expel'lsien Ie an existing manujaeluFed heme perk eF subdi'oi'isiel'l means the JlreJlaration of
additional sites by the eonstrnetion of faeilities for servieing the lots on v/hieh the
manufaetured homes are to be affixed (ineluding the installation of l:l-tilities, the
eonstnletion of streets, and either final site grading or the Jlouring of eonerete Jlads).
Flood or flooding means:
W A general and temporary condition of partial or complete inundation of normally dry
land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) ~4udslides (i.e., mudflovt's) \vhieh are proximately eaused b~' flooding as defined in
subseetion (a)(2) of this definition and are aIdn to a river of liquid and flov/ing mud
on the surfaee of normally dry land areas, as \vhen earth is earried by a eerrent of
v/ater and deJlosited along the path of the eurrent.
(b) The eollaj3se or sebsidenee of land along a shore of a lake or other body of '.vater as the
result of erosion or undermining eaused b~' 'Naves or eerrents of 'Nater e}~eeeding
antieiJlated eyelieal levels or suddenly eaused by an unusually high water le,.tel in a
nateral body of v/ater, aeeomJlanied b~t a severe storm or b~' an unantieiJlated foree of
nature, seeh as a flash flood or an abnormal tidal surge or b~' some similarly enusual
and unforeseeable e:vent vrkieh results in flooding as defined in subseetion (a)(1) of this
definition.
FJeed beunaar}' andfJeeaw6}' m619 (PM}.!) means the offieial maJl of the eommunity on
,,,hieh the Federal Emergeney ~4anagement Ageney (FE~4:1\.) has delineated the areas of
speeial flood haeard and regulatory floodvi~'S.
~li'Jeed hazard beunaary 11'1619 (PHlll.f) means an offieial maJl of the eommunity, issued by
FE~4A., v/here the boundaries of the areas of sJleeial flood hazard have been identified as
only aj3Jlroximate zone A •.
***
FJeeapJeb'l 1I'lel'l8ge1l'lel'll means the oJleration of an overall Jlrogram of eorreetive and
Jlreventive measures for redueing flood damage and Jlreserving and enhaneing, \vhere
Jlossible, natural resourees in the floodJllain, ineluding but not limited to emergeney
Jlreparedness Jllans, flood eontrol vlorks, floodJllain management regulations, and open
sJlaee plans.
FJeeap/-sin 1I'Iel'lagemcl'Il regu/-stiel'ls means this ehapter and other zoning ordinanees,
subdivision regelations, building eodes, heald=. regulations, speeial purpose ordinanees
(sueh as floodJllain ordinanee, grading ordinanee, and erosion eontrol ordinanee), and other
aJlJllieations of poliee JlO'Ner v/hieh eontrol de\'eloJlment in flood Jlrone areas. This term
deseribes federal, State of Florida, or loeal regulations in any eombination thereof, \vhieh
Jlrovide standards for preventing and redueing flood loss and damage.
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Ord. No. 30-21-2420
***
FJeefiway means the ehannel of a river or other watereourse and the adjaeent land areas
that must be reserved in order to diseharge the base flood \"ithout eumulatively inereasing
the water surfaee elevation more than a designated height.
FJeefb.,ayjringe means that area ofilie one pereent (base or 100 year) floodplain on eiilier
side of the regulatory floodv/ay.
***
F'ree efehst-rucliel9 means any type of lovrer area enelosure or other eonstruetion element
will not obstruet the flo'R of veloeity v/ater and 'Nave aetion beneath the lov/est horizontal
struetural member of the lovrest floor of an eleJJated building during a base flood event.
This requirement applies to the struetures in veloeity zones (V Zones).
Functionally dependent use means a use that cannot be used for its intended purpose unless
it is located or carried out in close proximity to water, including only sueh as a docking or
port facility necessary for the loading and unloading of cargo or passengers, shipbuilding
or ship repair. The term does not include long-term storage, manufacture, sales, or service
facilities.
***
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access,
or storage, in an area other than a basement, is not considered a building'S lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable nonelevation design standards of this chapter and the Florida Building Code.
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 one hundred eighty (180)
consecutive days or longer and intended to be improved property. (Manufactured homes
and mobile homes are prohibited under section 20-1.3( C) of the Land Development Code.)
1'.fanu!aCluy:etl heme ptly:k ey: suhtiivisien means a pareel (or eontiguous pareels) of land
divided into t'RO (2) or more manufaetured home lots for rent or sale.
Market value means the value of buildings and structures, excluding the land and other
improvements on the parcel. Market value is the Actual Cash Value (like-kind replacement
cost depreciated for age, wear and tear, neglect, and quality of construction) determined by
a qualified independent appraiser. or tax assessment value adjusted to approximate market
value by a factor provided by the Property Appraiser.
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Ord. No. 30-21-2420
the el:lilding vall:le, vlflieh is the pfoperty value eJ£eluding the land value and that of the
detaehed aeeessof)' struetufes and othef impfovements on site (as agfeed to eeh\'een a
willing euyef and sellef) as established ey ,,,hat the loeal feal estate madcet 'Nill eeaF.
MaFket value ean ee estaelished ey an independent eertified appmisal (othef than a limited
Of euroside appfaisal, Of one eased on ineome appfoaeh), aetual eash vall:le (feplaeement
eost depredated !Of age and quality of eonstfuetion of euilding), Of adjusted taJ£ assessed
values.
***
l~/eal'l sea level means the avefage height of the sea !Of all stages of the tide. It is used as a
fefefenee fOf establishing vaFious elevations '.vithin the floodplain. FOf pUFposes of this
ehaptef, the tefR1 is s~'nonymous vlith National Geodetie 'lertieal Datl:Hll (NG'lD) of 1929,
Of North A:mefiean Vertieal Datum O'lAVD) of 1988.
***
New construction means, for floodplain management purposes, any structure for which the
"start of construction" commenced on or after September 29, 1972 ~lovemeef 17, 1992.
The term also includes any subsequent improvements to such structures. FOf flood
insufanee fates, struetufes !Of vlhieh the start of eonstruetion eommeneed on Of aftef June
1 8, 1974, and ineludes an~' sue sequent impfO\'ements to sueh stmetl:lfes. '
l'lew mal'l'tljactblFed heme paFk eF suedivisieJ1 means a manufaetl:lfed home paFk Of
suedivision ref 'Nhieh the eonstfl:letion of faeilities ref sefvieing the lots on v;hieh the
manufaetufed homes aFe to ee affh£ed (inell:lding at a minimum, the installation of utilities,
the eonstruetion of stfeets, and eithef final site gfading Of the poufing of eonefete pads) is
eompleted on Of aftef the ef:teetive date of the fifst floodplain management eode, ofdinanee
Of standaro.
***
Pril'lcipally aee'le greund means that at least fifty one (51) pefeent of the aetl:lal eash \lalue
of the stmetufe is aeove gfol:lnd.
l1lr=egram deficiency' means a defeet in the eommunity's floodplain management fegulations
Of administmtive pfoeedufes that impaifs ef:teetive implementation of those floodplain
management fegulations Of of the standafds feql:lifed ey the ~lational Flood Insufanee
Pfogfam.
***
Regulateryfieedw8Y means the ehannel of a fivef Of othef vlatefeOUfse and the adjaeent
land aFeas that must ee fesefved in ofdef to disehaFge the ease flood without eumulatively
inefeasing the vlatef sl:lffaee ele1;ation mOfe than a designated height.
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Ord. No. 30-21-2420
Remedy 8 defieiency er 'Iie[alien meaRS to ariag the regulatioe, proeedure, strueture or
other de\Eelopmeet iftto eomplitmee with State of Florida, federal, or loeal floodplaie
managemeet regulatioes; or if this is ROt possiale, to reduee the impaets of its
eoeeompliaRee. Ways the impaets m~' ae redueed ieelude proteetieg the strueture or other
affeeted de\'elopment from flood damages, implemeetieg the eeforeemeet pro'lisioes of
this ehapter or otheF\'Iise deterrieg fature similar violatioes, or redueieg tederal fieaneial
e~(posure with regard to the strueture or other developmeet.
Ri'lerine means relatiag to, formed ay, or resemalieg a river (ieeludieg triautaries), stream,
arook, ete.
Santi tiline meatls eaturally oeeurrieg aeeumulatioes of satld ie ridges or moueds landv/ard
of the aeaeh.
***
Sieffli eel-l-8r meaflS a plaee aelovi grade used to aeeommodate oeeuPaflts of the strueture
afld emergeeey supplies as a means of temporary shelter agaiest severe tornadoes or similar
v/iedstorm aetivity.
***
Substantial damage means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed fifty (50)
percent of the market value of the structure before the damage occurred. This term also
ieeludes "repetitiye loss" struetures as defieed hereie.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the eumulatiye cost of which equals or exceeds fifty (50)
percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures that have incurred "substantial damage"
regardless of the actual repair work performed. This term does not, however, include any
repair or improvement of a structure to correct existing violations of State of Florida or
local health, sanitary, or safety code specifications, which have been identified by the local
code enforcement official prior to the application for permit for improvement, and which
are the minimum necessary to assure safe living conditions. This term does not include any
alteration of a historic structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure.
&8sI619Iiall), i"'lfJre,/eti existing "98nujaetbiPeti heme p8rks er sH8tiivisie19s is 'Nhere the
repair, reeoestruetioe, rehaailitatioe or improvemeet of the streets, utilities and pads equals
or e~(eeeds fifty (50) pereent of the value of the streets, utilities afld pads aefore the repair,
reeoastruetioe or impro\'ement eommeneed.
***
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Ord. No. 30-21-2420
Walerc6l;lrse means a lake, river, ereek, stream, 'Nash, ehannel or other topographie teature
on or over ,\'hieh '#aters flo,\, at least periodieally. '.Vatereourse ineludes speeifieally
designated areas in vrhieh substantial flood damage may oecur.
***
Section IOA-7 -Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency in the flood insurance study (FIS) for Miami-Dade County, Florida and Incorporated
Areas the City of South Miami, dated September 11,2009, with the accompanying maps and other
supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be
a part of this chapter. The flood insurance study and flood insurance rate map are on file at the
City of South Miami Planning and Zoning Department.
Section -IOA-I0 -Compliance.
No structure, development, or land shall hereafter be located, extended, converted or
structurally altered without full compliance with the terms of this chapter and other applicable
regulations.
***
Section IOA-21 -Permit procedures.
Application for a development permit shall be made to the floodplain administrator on
forms furnished by him or her prior to any development activities, and may include, but not be
limited to, the following plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing and proposed structures, earthen fill,
storage of materials or equipment, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(l) Application stage:
a. Elevation in relation to the datum on the Flood Insurance Rate Map (FIRM) meaft
sea level of the proposed lowest floor (including basement) of all buildings;
b. Elevation in relation to the datum on the FIRM mean sea level to which any non-
residential building will be floodproofed;
c. Certificate from a registered professional engineer or architect that the
nonresidential floodproofed building will meet the floodproofing criteria in
subsection (2) and subsection 10A-27(2);
d. Description of the eKtent to 'Nhich any v/atereourse 'Nill be altered or relocated as a
resl:llt of proposed development;
e. Elevation in relation to mean sea level of the bottom of the lo\\'est horizontal
structural member of the loviest floor and provide a certifieation from a registered
engineer or arehiteet indicating that the~' have de\'eloped andfor revielylyled the
structl:lral designs, speeifieations and plans of the eonstruction and eertified that they
are in aecordanee vt'ith aecepted standards ofpraetice in coastal high haard areas;
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Ord. No. 30-21-2420
~f. Survey by a professional surveyor and/or mapper to locate lowest elevation
point, and spot elevations;
g. Certified geotechnical compaBY percolation testing to find out ho\v fast the \vater
drainage tflrol:lgh, soil to determine drainage system, such as, eKfiltration trench
system;
Lft:. Detailed plans documenting the existing stormwater drainage condition of the
site, the adjoining properties, and rights-of-way;
Lh Detailed plans documenting the scope of work in order to ensure proper
drainage of the site and documenting compliance with subsection 20-4.7(C)(4);
U A one hundred twenty-five (125) percent of estimated cost performance, bond
for public right-of-way improvements;
L~. Development, with proper expert testimony and analysis, of a maintenance of
traffic (MOT) plan, which plan shall be provided prior to construction, to ensure safe
passage of both pedestrian and motorist traffic adjacent to proposed drainage work;
Lh Submittal of all plans and permit documents to the City of South Miami
Development Review Committee, which committee shall consist of representatives
of the city's building, planning and zoning, and public works departments in order
to obtain review and sign off as to proposed development permits.
(2) Construction stage:
a. Provide a floor elevation or floedpreefing certification after lowest floor is
completed. Upon placement of the lowest floor, or floodproofing by vihatever
constmction means, or bottom of the leviest horizontal stmctural member it shall
be the duty of the permit holder to submit to the floodplain administrator a
certification of the }lJGVD or }lJAVD elevation of the lowest floor or floodproofed
elevation, or bottom of the loviest horizontal stmctural member of the lo'.vest floor
as built, in relation to the datum on the FIRM mean sea level. Said certification
shall be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by same. When floodproofing is utilized for a
particular building said certification shall be prepared by or under the direct
supervision of a professional engineer or architect and ce~ified by same. Any work
undertaken prior to submission of the certification shall be at the permit holder's
risk. The floodplain administrator shall review the lowest floor and floodproofing
elevation survey data submitted. The permit holder immediately and prior to further
progressive work being permitted to proceed shall correct violations detected by
such review. Failure to submit the surveyor failure to make said corrections
required hereby shall be cause to issue a stop-work order for the project.
b. Provide certification by a professional engineer, prior to completion of
construction, that development and site comply with the requirements of subsection
20-4.7(C)(4).
~ The building official shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to proceed.
Failure to submit the surveyor failure to make said corrections required herein or
pursuant to subsection 20-4.7(C)(4) of the city's land development code, shall be
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Ord. No. 30-21-2420
cause to issue a stop work order for the project, and refusal to issue a certificate of
use or occupancy.
Section 10A-22 -Duties and responsibilities of the floodplain administrator.
(1) Review permits to assure sites are reasonably safe from flooding;
(2) Review all development permits to assure that the permit requirements of this chapter
have been satisfied;
(3) Require copies of additional federal, State of Florida, or local permits, especially as
they relate to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065;
and 553, Part IV, Florida Statutes, be submitted along with the development permit
application and maintain such permits on file with the development permit;
(4) Notify adjaeent eommunities, the Florida Department of Community lA,ffairs
Division of Emergene~' ~4anagement NFIP Coordinating Offiee, South Florida
Water ~4anagement Distriet, the Federal Emergene~' ~4anagement lA,geney, and other
federal andfor State of Florida ageneies with statutory or regulatory, authority prior
to any alteration or reloeation of a v.'atereourse;
(5) lA,ssure that the flood earrying eapaeity 'Nithin the altered or reloeated portion of ~'
\vatereourse is maintained;
ffit6j Verify and record the actual elevation (in relation to the datum on the FIRM mean
sea level) of the lowest floor (A-Zones) or bottom of the 10'llest horizontal struetural
member of the loviest floor (V Zones) of all new and substantially improved
buildings, in accordance with subsections (l) and (2) and subsection 10A-27[(2)],
respectively;
.c~lJ1j Verify and record the actual elevation (in relation to the datum on the FIRM mean
sea level) to which the new and substantially improved buildings have been
floodproofed, in accordance with subsection 10A-27(2);
(Q) f8j Review certified plans and specifications for compliance. When floodproofing is
utilized for a particular building, certification shall be obtained from a registered
engineer or architect certifying that all areas of the building, together with attendant
utilities and sanitary facilities, below the required elevation are water tight with walls
substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effects
of buoyancy in compliance with subsection (2). In eoastal high hazard areas,
eertifieation shall be obtained from a registered professional engineer or arehiteet that
the building is designed and seeurely anehored to pilings or eoh:lmns in order to
v/ithstand veloeity '"vaters and hurrieane WiPfte 'Nash. lA,dditionally in eoastal high
hazard areas, if the area belo\v the lov/est horizontal struetural member of the lovlest
floor is enelosed, it may be done so vlith open vlood lattiee and inseet sereening or
'Nith non supporting brealcavlay "valls that meet the standards of subseetion lOlA,
~
ill f91 Interpret the exact location of boundaries of the areas of special flood hazard. When
there appears to be a conflict between a mapped boundary and actual field conditions,
the floodplain administrator shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable opportunity to
appeal-the interpretation as provided in this article;
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Ord. No. 30-21-2420
tID-fl-Gj When base flood elevation data and floodv.7~7 data have not been provided in
aeeordanee '1lith seetion 10A: 7, the floodplain administrator shall obtain, review and
reasonably utilize any base flood elevation and floodvf7~7 data available from a
federal, State of Florida, or any other source, in order to administer the provisions of
article III; and
{2} fl-l1 Coordinate all change requests to the FIS, and FIRM and fBf~4 with the
requestQer, the State, and FEMA. Studies to support change requests shall be the
responsibility of the requestor who shall submit such studies to FEMA within 6
months of the information becoming available.,..-aOO
(12) '.Vhere base flood ele:vation is utili~ed, obtain and maintain reeords of lovlest floor
and floodproofing elevations for nevI eonstruetion and substantial improvements in
aeeordanee '.vith subseetions 10A: 27( 1) and (2), respeetively.
Section 10A-26 -General standards.
In all areas of special flood hazard, all development sites including new construction and
substantial improvements shall be reasonably safe from flooding, and meet the following
provisions:
(1) Pursuant to Section 8-32, Miami-Dade County Code of Ordinances, where sections
of the Florida Building Code and this Chapter differ, the most restrictive provisions
must prevail;
G.lJB New construction and substantial improvements shall be designed or modified
and adequately anchored to prevent flotation, collapse, and lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(2) ~4anufaetured homes shall be anehored to prevent flotation, eollapse, and lateral
movement ~4ethods of anehoring m~7 inelude, but are not limited to, use of over
the top or frame ties to ground anehors. This standard shall be in addition to and
eonsistent vlith applieable State of florida requirements for resisting "lind forees;
(3) New construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage;
(4) New construction and substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities, including duct work, shall be designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding;
(6) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems;
(7) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems
into flood waters;
(8) On-site waste disposal systems shall be located and constructed to avoid impairment
to them or contamination from them during flooding;
(9) Any alteration, repair, reconstruction or improvements to a building that is in
compliance with the provisions of this chapter shall meet the requirements of "new
construction" as contained in this chapter;
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Ord. No. 30-21-2420
(10) Any alteration, repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this chapter, shall be undertaken only if said non-
conformity is not furthered, extended, or replaced;
(11) All applicable additional federal, State of Florida, and local permits shall be obtained
and submitted to the floodplain administrator along with the application for
development permit. Copies of such permits shall be maintained on file with the
development permit. State of Florida permits means a permit issued by any agency
of the state of Florida and may-include, but are not he-limited to, the following:
a. South Florida Water Management District: in accordance with Chapter 373.036
Florida Statutes, Section (2) (a) -Flood Protection and Floodplain Management;
b. Department of Economic Opportunity Commuaity Affairs: in accordance with
Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553, Part IV
F.S., Florida Building Code;
c. Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage
Treatment and Disposal Systems.
d. Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows. in conjunction with the U.S. Army Corns of
Engineers; Section 404 of the Clean Water Act.
e. Federal permits and approvals.
(12) Standards for subdivision proposals and other new proposed development (iaeludiag
maFlufaetl:lFed homes):
a. Such proposals shall be consistent with the need to minimize flood damage;
b. Such proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize or eliminate
flood damage; and
c. Such proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
(13) When proposed new construction and substantial improvements are partially located
in an area of special flood hazard, the entire structure shall meet the standards for
new construction.
(14) When proposed new construction and substantial improvements are located in
multiple flood hazard risk zones or in a flood hazard risk zone with multiple base
flood elevations, the entire structure shall meet the standards for the most hazardous
flood hazard risk zone and the highest base flood elevation.
Section 10A-27 -Specific standards.
In all A-Zones where base flood elevation data have been provided (Zones AE, AI-30, A
(with base flood elevation), and AH), as set forth in section 10A-7, the following provisions, in
addition to those set forth in section 10A-26, shaJ.l-apply:
(1) Residential construction. All new construction and substantial improvement of any
residential building (iaeludiag maflufaetured home) shall have the lowest floor,
including basement, elevated to no lower than the base flood elevation plus one foot.
Walls of enclosures below elevated residential structures, including when Should
solid foundation perimeter walls be used to elevate a structure, shall have there must
Page 11
Ord. No. 30-21-2420
be a minimum of two (2) openings on different sides of each enclosed area sufficient
to facilitate automatic equalization of flood hydrostatic forces in accordance with
standards of subsection (3).
(2) Non-residential construction. All new construction and substantial improvement of
any commercial, industrial, or non-residential building (ineluding maRufaetured
home) shall have the lowest floor, including basement, elevated to no lower than the
base flood elevation plus one foot. All buildings located in A-Zones may be
floodproofed, in lieu of being elevated, provided that all areas of the building
components, together with attendant utilities and sanitary facilities, below the base
flood elevation plus one foot are water tight with walls substantially impermeable to
the passage of water, and use structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy in accordance with
the Florida Building Code. A registered professional engineer or architect shall
certify that the standards of this subsection are satisfied using the FEMA
Floodproofing Certificate. Such certification along with the corresponding
engineering data, and the operational and maintenance plans shall be provided to the
floodplain administrator.
(3) Enclosures below the lowest floor. New construction and substantial improvements
that include fully enclosed areas formed by foundation and other exterior walls below
the lowest floor shall be designed to preclude finished living space and designed to
allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood
forces on exterior walls.
a. Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet or exceed the following minimum
criteria:
(i) Provide a minimum of two (2) openings on different sides of each enclosed
area having a total net area of not less than one square inch for every square
foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than one foot above adjacent
interior grade (which must be equal to or higher in elevation than the
adjacent exterior grade); and
(iii) Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided they provide the required net area of the openings and
permit the automatic flow of floodwaters in both directions.
b. Fully enclosed areas below the lowest floor shall solely be used for parking of
vehicles, storage, and building access. Access to the enclosed area shall be
minimum necessary to allow for parking of vehicles (garage door), limited storage
of maintenance equipment used in connection with the premises (standard exterior
door), or entry to the living area (stairway or elevator); and
c. The interior portion of such enclosed area shall not be finished or partitioned
into separate rooms.
(4) Slandards for mal'li;ifaclured Manufactured homes and flood related standards [or
recreational vehicles.
a. Manufactured homes and mobile homes are prohibited under section 20-1.3(C)
of the Land Development Code. All manufaetured homes that are plaeed, or
substElfltially improved vlithin Zones l\l 30, ,AH, and i\E, on sites (i) outside of
Page 12
Ord. No. 30-21-2420
an e}EistiRg manHfaetHrea kome parle or sHbaivisioR, (ii) iR a Rev.' maRHfaetl:lfea
kome parle or sHbaivisioR, (iii) iR an e}{paaSiOR to aR e}fistiRg maRHfaetHrea kome
park or sHbaivisioR, or (iv) iR an eKistiRg manHfaeturea kome pafle or sHbaivisioR
OR 'Nkiek a manHfaetHrea kome kas iR6Hrrea "substaRtial aamage" as tke result of
a flooa, tke lowest floor be elevatea OR a permaneRt fol:lRaatioR to RO lov/er tkan
tke base flooa elevatioR aRa be seeHrely anekorea to an aaeqHately anekorea
fOl:lRaatioR system to resist flotatioR, eollapse, 8fla lateral mo:vemeRt.
b. PAl manHfaetHrea kames to be plaeea or sHbstantially improvea iH an eKistiRg
maRHfaetHrea home park or sHbaivisioR tkat are ROt sHbjeet to tke pro:visioRS of
sHbseetioR (4 )a. of tkis seetioR, mHst be elevatea so tkat eitker:
(i) Tke lo\vest floor of tke maRHfaetHrea kome is elevatea to RO lov/er tkan ORe
foot abo:ve tke base flooa elevatioH, or
(ii) Tke manHfaetHrea kome ekassis is sHpportea b~' reiRforeea piers or otker
foHflaatiofl elemeRts of at least aH eqHivaleRt streRgtH tkat are RO less than
tkirty SiK (36) iH6kes iR keigkt above tke graae aRa seeurely aRekorea to aR
aaeqHately anekorea foHRaatioH s~'stem to resist flotatioR, eollapse, afla
lateral movemeRt.
e. Reservea.
Q: .. J:h All recreational vehicles must either:
(i) Be on the site for fewer than one hundred eighty (180) consecutive days, or
(ii) Be fully licensed and ready for highway use (a recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices and has no
permanently attached additions ).:.....,-er
(iii) ~4eet all tke reqHiremeflts for HeVl eORstruetioR, iRelHaiRg aRekoriRg aRa
elevatioR stanaaras iH aeeoraaHee v/itk sHbseetioR (4 )a. aHa b.
(5) Adequate drainage paths around structures shall be provided on slopes to guide water
away from structures within Zone AH and Zone AD.
(6) Accessory structures.. Accessory structures are permitted below the base flood
elevation provided the accessory structures are used only for parking or storage and:
a. Are one-story and not larger than 600 sg. ft.
b. Have flood openings in accordance with Section R322.2 of the Florida Building
Code, Residential.
c. Are anchored to resist flotation, collapse or lateral movement resulting from
flood loads.
d. Have flood damage-resistant materials used below the base flood elevation plus
one (1) foot.
e. Have mechanical, plumbing and electrical systems, including plumbing fixtures,
elevated to or above the base flood elevation plus one (1) foot.
(6) Sl6ndards Jr..ar wa:erW6y'S wif..h es/ahlished hase fleed eleva/felis, hut wilheu/
regula/eFyfleedlt'6Ys.
Page 13
Ord. No. 30-21-2420
Located 'Nithia the areas of s}3ecial flood hazard established ia sectioa 101\ 7, ' .. vhere
streams exist fur \vhich base flood elevatioa data has beeH }3rovided b~r the Federal
Emergeacy ~4aHagemeat .Ageacy vlithout the deliaeatioa of the regulatory flood\vay
(Zoaes 1,\E and 1,\1 30), the follo:wiag }3rovisioas, iH additioa to those set forth ia
subsectioas (1) thfough (5), shall ap}3ly:
a. Datil a regulatory floodwa~r is desigaated, ao HeVI coastructioa, sl:lhstantial
im}3ro'lemeHts, or other develo}3meat iacll:ldiag fill shall he }3ermitted 'NithiH the
areas of s}3ecial flood ha~ard, l:laless it is demoastrated that the cl:lml:llative effect
of the }3ro}3osed develo}3meat, 'whea comhiaed v/ith all other existiHg aHd
antici}3ated develo}3ment v/ill not increase the 'Nater surface elevation of the base
flood more than one fuot at any }3oint vt'ithin the commuHity.
b. Developmeat activities v/hich increase the v/ater surface elevation of the hase
flood by more than one foot m~r be allov/ed, }3ro'lided that the de'f lelo}3er or
ap}3licant first a}3}3lies 'Nith the comml:lnity's eHdorsement for a cOHditional
FI~\.4 revisioH, and receives the ap}3roval of the Federal Emergency ~4anagemeHt
1'\gency (FE~4.A).
(7) SI6I'ld6lras fer waleRF8YS wUh established base jleed eJe'l-atiel'lS and fJeedW8}'s.
Located 'NithiH areas of s}3ecial flood hazard established iH section 101\ 7, are areas
desigaated as floodlN~rs. Since the floodwa~r is an extremely hazardol:ls area due to
the high velocity of flood waters which carry debris, }3oteatial projectiles aHd have
sigHificaHt erosioa }3otential, the following }3royisions, iH addition to those set furth
in sl:lbsectioHs (1) tmol:lgh (5), shall ap}3ly:
a. Prohibit eHcroaclunents, inell:lding fill, nevI construction, sl:lhstaHtial im}3ro\rements
aHd other de\lelo}3ments \vithiH the regl:llatory flood1Nay ualess certificatioH (\vith
Sl:l}3}30rtiHg teclmical data) b~l a registered }3rofessional engineer is provided
tmough hydrologic and hydraulic analyses }3erfurmed in accordance vlith
standard eHgineering }3ractice demonstrating that eacroachments 'Nould ROt result
in any iHcrease in flood levels during OCCl:lITence of the base flood discharge.
b. Reserved.
c. Develo}3meHt activities including nevI construction aHd substantial im}3ro'lements
\vithin the regl:llatory flood1Nay that increase the hase flood eleyatioH may he
allov.red, }3ro:vided that the de\relo}3er or a}3}3licant first a}3}31ies 'Nith the
COmml:lHity's endorsement for a conditional fIRJ.4 revision, and recei'fles the
ap}3roYal of FE~4j\.
d. Whea fill is }3ro}3osed, in accordance v/ith the }3ermit issl:led by the Florida
Departmeat of Health, vlithin the regl:llatory floodV/~r, the develo}3meHt }3ermit
shall be issued only u}3on demonstration by a}3}3ro}3riate engineering aHalyses that
the }3fO}3osed fill'Nill not increase the \vater sl:lrface ele\ratioa of the base flood in
accordance \vith subsection (7)a.
Section IOA-28 -Specific standards for A-Zones without base flood elevations ami
regl:llatory floodways.
Located within the areas of special flood hazard established in section lOA-7, where there
exist A Zones for which no base flood elevation data and regulatory floodlN~r have been provided
or designated by the Federal Emergency Management Agency, the following provisions shall
apply:
Page 14
Ord. No. 30-21-2420
(1) Require standards of section 10A-26.
(2) Require that all new subdivision proposals and other proposed developments
(including }3ro}3osals for manufactured home }3arks and subdivisions) greater than
fifty (50) lots or five (5) acres, whichever is the lesser, include within such proposals
base flood elevation data. Standards set forth in section 10A-27 shall apply.
(3) The floodplain administrator shall obtain, review, and reasonably utilize any base
flood elevation and floodvlay data available from a federal, State of Florida, or any
other source, in order to administer the provisions of this chapter. When such data is
utilized, provisions of section 10A-27 lOA 7 shall apply. The floodplain
administrator shall:
a. Obtain the elevation (in relation to the datum on the FIRM mean sea level) of the
lowest floor (including the basement) of all new and substantially improved
structures,
b. Obtain, if the structure has been floodproofed in accordance with the
requirements of subsection 10A-27(2), the elevation in relation to the datum on
the FIRM meaH sea level to which the structure has been floodproofed, and
c. Maintain a record of all such information.
(4) }>lotif)r, in riverine situations, adjacent communities, the Florida De}3artment of
Community lA,ffairs NFIP Coordinating Office, and the South Florida Vlater
~4anagement District }3rior to any alteration or relocation of a v/atercourse, and
submit cO}3ies of such notifications to fE~4A.
(5) lA,ssure that the flood carrying ca}3acity within the altered or relocated }3ortion of an~r
'Natercourse is maintained.
(6) ~4anufuctured homes shall be installed using methods and }3ractices that minimi:i:e
flood damage. They must be elevated and anchored to }3revent flotation, colla}3se, and
lateral movement. ~4ethods of anchoring may include, but are not limited to, use of
O'ler the to}3 or frame ties to ground anchors. This requirement is in addition to
aJ3}3licable State offlorida and local anchoring requirements for resisting vlind forces.
(7) When the data is not available from any source, in accordance with standards set forth
in subsection (2) of this section, the lowest floor of the structure shall be elevated to
no lower than two (2) above the highest adjacent grade. Standards set forth in section
10A-27 shall apply.
Section 1 OA-29 -Standards for AO-Zones.
Located within the areas of special flood hazard established in section 10A-7, are areas
designated as shallow flooding areas. These areas have flood hazards associated with base flood
depths of one to three (3) feet, where a clearly defined channel does not exist and the path of
flooding is unpredictable and indeterminate; therefore, the following provisions, in addition to
section 10A-26, apply:
(1) All new construction and substantial improvements of residential structures in all AO
Zones shall have the lowest floor, including basement, elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the flood
insurance rate map plus one foot. If no flood depth number is specified, the lowest
floor, including basement, shall be elevated to no less than three (3) hvo (2) feet above
the highest adjacent grade.
Page 15
Ord. No. 30-21-2420
(2) All new construction and substantial improvements of non-residential structures
shall:
a. Have the lowest floor, including basement, elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the flood insurance
rate map plus one foot. If no flood depth number is specified, the lowest floor,
including basement, shall be elevated to at least three (3) two (2) above the
highest adjacent grade, or
b. Together with attendant utility and sanitary facilities be completely floodproofed
to that level to meet the floodproofing standard specified in subsection (2)a.
(3) Adequate drainage paths around structures shall be provided on slopes to guide water
away from structures.
(4) Fully enclosed areas below the lowest floor that are subject to flooding shall meet the
non-elevation design requirements of section IOA-27.
***
See. lOp .. 42. Stnletures in regulatory flood 'Na-y.
Varianees shall not be issued vlithin any designated floodvt'a-)' if ~' impaet in flood
eonditions or iBerease in flood le:vels during the base flood diseharge 'Nould result.
Section 3. Corrections: Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance.
Section 4. Transmittal. The City Manager or designee is authorized to transmit this
Ordinance to the appropriate local, regional and state agencies.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Codification. The provisions of this ordinance will become and be made a part
of the Code of Ordinances of the City of South Miami as amended.
Section 7. Severability. 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 will
not affect the validity of the remaining portions of this ordinance.
Section 8. Effective Date. This ordinance will become effective upon enactment.
Page 16 .
Ord . No . 30-21-2420
PASSED AND ENACTED thi s 7'h da y o f Dece mb e r, 2021.
ATTEST:
~~2&rJ
I Sf Reading -11116 /2 1
2nd Reading -121712 1
READ AND APPROVED AS TO FORM:
LA NGUAG D
E.~~~!JH
COMM ISS ION VOTE:
Mayor Philip s:
Com mi ss ion er Harr is :
5-0
Yea
Yea
Commissio ne r Gi l: Yea
Co mmi ssio ner Liebman : Yea
Co mmi ss ion e r Co rey : Yea
Page 17
City Commission Agenda Item Report
Meeting Date: December 7,2021
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
Agenda Item No:9.
An Ordinance amending Chapter 10A, Flood Damage and Prevention, of the City of South Miami Code of
Ordinances. 3/5 (City Manager-Planning Dept.)
Suggested Action:
Approval
Attachments:
Flood Ordinance Cover Memo.docx
Draft Flood Ordinance.docx
Miami Herald Ad.pdf
MDBRAd.pdf
1
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Commission
VIA: Shari Kamali, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
DATE: November 16, 2021
SUBJECT:
An Ordinance amending Chapter lOA, Flood Damage and Prevention, of the City of South
Miami Code of Ordinances.
REQUEST:
To amend the City's Code of Ordinances provisions regarding flood damage and prevention.
BACKGROUND:
As a requirement to remain in the National Flood Insurance Rate Program (NFIP), the Florida
Division of Emergency Management (FDEM) periodically reviews all floodplain ordinances for
each community in the State to determine if they are appropriate or if any changes need to be
made. Typically, they review them for compliance with both Federal Emergency Management
Agency (FEMA) regulations as well as compliance with the Florida Building Code (FBC). At this
time, FDEM has reviewed the City's floodplain regulations and determined that it is necessary to
amend them to better align them with both FEMA's regulations and the FBe.
ANALYSIS:
The proposed ordinance makes various changes throughout Chapter lOA of the Code of
Ordinances. As highlighted in yellow, these changes include the following:
1. The removal of definitions that are no longer necessary as well as the inclusion of new
definitions and the revision of existing terms;
2. Updated the subject area of the Flood Insurance Study (FIS) that is prepared by FEMA;
3. Added provisions for accessory structures that are in accordance with FEMA's policy that
was issued in 2020;
4. Because manufactured homes are prohibited in in the City, definitions and regulations
pertaining to them are being removed;
5. Because there are no riverine bodies of water in the City, regulations governing them are
being removed where appropriate. This includes regulations for floodways as well;
2
Amendment re Floodplain Ordinance, Chapter lOA
November 16, 2021
Page 2 of 2
6. Per the FBC, buildings in special flood hazard areas (SFHA) are required to be elevated to
or above the base flood elevation plus one foot (also known as freeboarding), In an effort
to avoid any conflicts with the FBC, this and other changes are being made in order to
maintain compliance with all regulations.
7. Miscellaneous changes to the ordinance such as changes to the duties and responsibilities
of the Floodplain Administrator as well as changes to the procedures for applying for
permits when a property is in the SFHA
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
• Draft Ordinance
3
5UNDAY NOVEMBER l8 1021 I NE1GIlBORS 19SE
FLORIDA DEPARTMENT OF AGRICULTURE
Cheese with mold, filthy slicers and bird
excrement at the Fresh Market in Miami Beach
RV 1M\,11) J. SEAL
d"M!@m ill ,n ihal1!d.(om
Moldy food, flying in -
sccts and a nim a ls out of
control and unclean equip -
ment caused The Fresh
Market in South Beach to
fa il it s most reccll! Florida
De p t. of Ag riculture pos t-
ed inspection.
Two out of three ain 't
bad unless you're talking
failed inspections and that
Fresh Market, 1800 West
Ave., has f,tiled two of its
last t hree inspcction s. In
add iti on to Nov . 8, it
failed an Aug. 17, 2020
inspcction, then passed an
Aug. 31, 2020 inspecti o n.
Th e first vio lalio n de-
tOliled by In spector Simeon
Carre ro is "Several pieces
of in-house cut cheese
wit h some whit e m old
grow in g on the c heese
inside a cold deli case."
That cheese gOI trashed.
Pigeons prolife rate on
the outside patio, some -
t imes hanging out on
tables where people cat.
That patio's now closed
for what a sig n say s arc
"schedule d maintenance
and upgr ad es."
Perhaps that ha s so me·
t hin g to do with In spector
Carrero ob serving "cus-
tomer s itting a rea wit h no
overhead pro tection, ina d-
equate ." Also, "bird ex-
crement throughout out-
side ~~ating and servicing
a rea.
While there was a
"pr esence of birds a nd not
cont rollin g them " outside,
th e back room had "sever-
a l glue boards with dead
fl ies and roaches not be-
in g removed."
In th e bakery an d pro-
duce areas, the in spector
saw "several flies in the
processing areas."
Slicers and grinders arc
supp osed to be cl eaned
Almost nine months of dog
treats sold exclusively at Sam's
Club have been recalled
!LV IJ AV IIJ J. N.:AI.
rlumI0'miamill t rald.w",
If you bought Member's
t-.. !ar k Beef Slick Dog
Trea ls at Sam's Club,
c he ck the size of the pack
-all the 2.2-po und bags
so ld since March I have
bee n reca ll ed because
th ey n.l i g l,~t have "m e tal
matenal.
"The recall wa s init iated
across all Sam's Clubs
following a lim ited num-
ber of customer com-
pla ints," the announce-
ment read.
Ei th e r to ss OUI th e t rea ts
or re turn Ih em to Sam's
C lub for a full re fund.
This doggie is n't eating d og treats from Sam's Club.
Any quesli ons about thi s
recall should go to r-.'icm-
ber's r-,'!ark cus tom er serv-
ice, 888-3 01 -0332, r-.'iOll -
d ay through Saturday, 8
a.lll. to midni ght , and 11
a.m. to 9 p.m. on Sunda ys
(all t imes Ea s tern).
DtII'i(iJ,NI!tI/;
3 05-3 76-3559,
@Dm,icl/Nc(l/
UAVID J NI A, d ",,"~~oIcI,om
The Fresh Ma rket, 1800
West Ave .. Miami Beach .
and s anitized every four
hours . In the pro d uce
department, the pine -
ap pl e CUll ing machine
had "old so il build up."
The large g ri nder in the
Illeat department had n 't
been was hed "for o ve r 24
ho urs." In the deli d e pan-
melli, '1Il industri a l can
opener had "old soil build
up " because it hadn't
been cl eaned in over four
hours."
AI t h e popular hot
cou nt er, where food
shou ld be kept at or .tbove
13 5 degrees to keep t h em
fr o m bei ng bacteria
farms . s almon steaks,
po rk roa st and mas hed
potatoes t h at had bee n
CITY Of SOUTH MIAMI . flOR IDIL
CITYCOMMISSIOH
NOTICE Of PIIBue HEIIRING S
there more than two hours
ranged from 11 6 d egrees
to 123 d egr ees.
In a meat depa rtment
d is play case, t.he raw
c hicken sausage was
touching t he raw por k
sausage. All of that sau-
sage followed the mo ld y
c h eese into th e garbage.
During thi s in spection.
apparently th e s tore re-
mained free of the dogs
t hat Sunset Harbour a rca
residents regularly brin g
into the store.
D(l vili 1-Neal:
305-376·3559,
@ Dtlvid/Nl'ai
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21
MIAMI DAILY BUSINESS REVIEW
PtJbIlshcd Doity except S.,turdny, Sunday ami
Legal Holidays
Mlaml, Mlnml-Oadc County, Fklrld o
S TATE OF FLORIOA
COUNTY OF MIAMI·DADE ;
Before the undersigned authority personally appollfed
GUI LLERMO GARCIA, who on oath says th ai he or she Is the
DIRECTOR OF OPERATIONS. legal Noti ccs of the Miami Daily
Business Reviaw ffkJa Miami Rnvicw, a da il y (except
Sa tu rday, Sunday and l eoal Holidays) newspaper,
publlshod :u Miami In Miami -Dade County, Florida; that tho
ilttochod copy of advertisement, being a legal Advertisement
of Notice In lh1:! manor of
erN OF SOUTH MIAMI-PUBLIC H E A~INGS -DEC. 7, 2021
In tho XX XX Court,
was publishod in sa id newspaper in th o i ssuC!s 01
1112612021
Affiant further says that the sa id Miami Daily Business
ReVI ew i s a ncvlSpapcr published ill M iami, i n sa id Miam i -Dado
County, Florida and thaI the sa id newspaper has heretoforo
boon continuously publi5hed in said Minmi -Dade County, Floridll
eac h day (excep t Sat urday, SundilY and l egal HoHdaysj and
has been entered as second class mail matter at Iho post
offico in Miam i In said Miami-Dado County, Florida, for 11 pe ri od
of onc year next preced ing tho fi rs t publication o f tho tlllachod
copy of advert isem!!nt: and affiant further s tlys thai he or sho
has ne ilhor pa id nor prom ised any person, firm or corporati on
any discount , robat e, commission Of refund for Ih o purposo of
th is advertIs ement for publication in the sa id
GUILLERMO GARCIA personally knO\'1n to me
""";:iii~" CHRISTINALYNNRAVIX /f "JJ. "'-. \ Commission # GG 27ml
~;~.~.~i Exphes November 19, 2022 "'~~tk'~:!~~~'" Bonded Thru Tnt, Fak'I L"Iw:ance aoQ..365-70 19
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami 10 function and
conduct vital business during the COVID 19 pandemIc and, at the same
time, to protect the health, safety and welfare of its citIZens, offICers. officials
and administrative staff. and pursuant City of South Miami Code. Chapter
286.011. Fla. Stat. the City's Home Rul e Powers. and City Manager's
declaration of a state of emerge ncy due to the Coronavirus. the City will be
hoKllng its City Com missio n Meeting live in chambers and VIRTUAU Y
through communlcaUons media technology (CMT) until the state of emergency
has ended or social distancing is no Jonger required by any relevant Executive
Orders. All Commission members will participate In Chambers or by video
conrerencing through the Zoom platform and members of the public may
join the meeting via Zoom at OJ!!Rs..;ll~om.usftl305~.93:,s) and participate.
At a mInImum, at least three members of the City Commission win be
phys ically presen t In the City Commission Chambers and they will be
broadcas t on the Zoom platform along with all other members of the
Commisslon. City Staff and the public who may attend remotefy fJ'Om the
Commi ssion Chambers and from other \ocations.
The meellng Is scheduled to begIn on Tuesday~.....Q.oco m~L.l._20:21.J!!
7:Q!!p..:ID.:. to cooslder the following public hearing item fs):
A Resolutfon approving and authorizing the City Manager to execute a
three-year collective bargaining agreement (Ueutenants and Captains)
between the MIami Dade County Police Benevolen\ AssodaUon and
th e City of South Miami.
A ResolutIon relating to a Variance application to reduce the number of
parltlng spaces required for a mixed-use building contain ing a Skilled
Nursing Facility and rela!l space on property identified as folio numbers
09·4025-011..()130 and 09-4025-0:27..Q090 generally located between
SW 61st Avenue and SW 61s 1 Court and as legally described herein.
A Resolution pursuant to Section 20-8.9 and other provisions of the
City of South Miami Land Development Code approving a SpeclaI
Exception for a large-scale deve)opment on a O.S-acre property idenlifted
as folio numbers 09-4025-011-0130 and 09-4025 -027-0090 generally
located between SW 61st Avenue and SW 61st Court and as legally
described here in.
An Ordinance amend ing Chapter lOA, Aood Oamago and Prevention.
of th e City of South Mia ml Code of OrdInances .
22
If you destre to prBserll evidence or you are unable 10 use Zoom. there are
procedures to (olrow and other options available Including a dedicated
Phone line to listen and participate In the meeting and limited public
attendance, an 01 which is set forth in too meeting noti::e posted at City Hall
and at ftttp~.soutbmlam!!l.go_vL~PubJlc·t.d.eetllMls·NoUces. Anyone
who wish8&-to review ~g appUcallon, !ijlppo[tllN::..~\II89ta lion .Q&.
whO desire to have documents made :lVDllnble fOf' vieWIng by evoryone
during the meeting must contact the City CIeri< by cnlJing 30:5-063-6340.
Note that pursuant to Aoridn StaMes 286.0105, a person who decldes to
appeal any decision made by a Board l Agency or Commlsskln with respect to
any maltsr considered at its meeting or heamg, :l record 01 the proceedings
will be required for said appeal and such person WIll be required to have a
_tim Ir.IJ1Sctjpt of the proceedings inclJdIng the lestimony and evidence
upon which the appeal Is to be based.
1 The minimum standards fOl adopting a rasoMion or enacting an OI'dinance are
set forth In 166.041(4) .. , A majonty 01 the members of the governing body
shall constitute a quorum. An affirmative vote 01 a malority 01 8 quorum
present Is necessary to enact any ordi nance or adopt any resolutio n ....
ADA:. To request a modification to a policy, practice or procedure or to request
an auxiliary aide or service in order to pnrticipate In a City program, activity
or event, you must on or before 4:00 p.m. 3 buslness days before the
meeting (not counting the day of the meeting) deliver your request to the
City Clerk by telephone: 305-663-6340, by me ll at 6130 Sunset DrIve, South
Miam i, Florida or email at npayneOsoulhmlamlfl.gov.
11126
Nkenga A. Payne, CMC, FCRM
Cily CletI\
21·9810000564940M
23