10-06-09 Item 17South Miami
AB- America City
CITY OF SOUTH MIAMI , I I®r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas Vageline, Director
Planning and Zoning Departmen (�►'
Date: October 6, 2009 ITEM No.:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING THE SOUTH MIAMI CODE OF ORDINANCES IN ORDER
TO REMOVE EXISTING CHAPTER 10A ENTITLED "FLOODS" AND TO REPLACE SAID
CHAPTER WITH A NEW CHAPTER 10A ENTITLED "FLOOD DAMAGE PREVENTION"
WHICH CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR STATUTORY
AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING
DEFINITIONS; PROVIDING GENERAL PROVISIONS; PROVIDING LANDS TO WHICH
THIS ORDINANCE APPLIES; PROVIDING A BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD; PROVIDING A DESIGNATION OF FLOODPLAIN
ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMIT;
PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND GREATER
RESTRICTIONS; PROVIDING FOR INTERPRETATION; PROVIDING A WARNING AND A
DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR VIOLATION; PROVIDING
ADMINISTRATION; PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES AND
RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR; PROVIDING PROVISIONS
FOR FLOOD HAZARD REDUCTION; PROVIDING GENERAL STANDARDS; PROVIDING
SPECIFIC STANDARDS; PROVIDING STANDARDS FOR A -ZONES WITHOUT BASE
FLOOD ELEVATIONS AND REGULATORY FLOODWAYS; PROVIDING STANDARDS FOR
AO- ZONES; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING DESIGNATION OF
VARIANCE AND APPEALS BOARD; PROVIDING THE DUTIES OF VARIANCE AND
APPEALS BOARD; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING THE
CONDITIONS FOR VARIANCES; PROVIDING FOR VARIANCE NOTIFICATION;
PROVIDING FOR HISTORIC STRUCTURES; PROVIDING FOR STRUCTURES ON
REGULATORY FLOODWAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND:
When the legislature of the State of Florida authorized and delegated the responsibility of local
government units to adopt regulations designed to promote the public health, safety, and general welfare
of its citizenry via Chapter 166 of the Florida Statutes, the City of South Miami took this opportunity to
adopt Ordinance Number 32 -92 -1526 on November 17, 1992. By adopting this ordinance, Chapter l0A of
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the South Miami Code of Ordinances entitled "Floods" was created in an effort to aid in the prevention of
flooding as well as promoting safety and well being within the city.
On January 23, 2007, Section 10A -45 entitled "Permit Procedures" was amended via Ordinance Number
02 -07 -1903 to include regulations that would require properties to retain stormwater drainage on -site. The
intent of this amendment was to not only prevent development that would result in the contribution to
recurrent or stormwater runoff from the developing property onto adjoining properties or rights -of -way,
but also require developers to provide certification by a professional engineer that the site being
developed meets the requirement to maintain stormwater on -site. Last, the ordinance amended the
permitting process to ensure that a proper review of the drainage for a project is obtained. ro
Through a series of studies, the Federal Emergency Management Agency (FEMA) has updated the Flood
Insurance Rate Maps (FIRM) on September 11, 2009 that provides a more accurate visual representation
of what areas are considered Special Flood Hazard Areas (SFHA) and what are not. At the time of the
adoption of this map, FEMA also took the opportunity to update the language regarding flood areas as
well. Because of this, the City of South Miami was encouraged to amend the South Miami Code of
Ordinances to remove the existing Chapter l0A entitled "Floods" in its entirety and replace it with a new
Chapter l0A entitled "Flood Damage and Prevention."
PROPOSED AMENDMENT -CITY CODE
Because there is a significant amount of language being either added, updated, or removed, the subject
amendment ordinance will be removing the original Chapter 10A entitled "Floods" in its entirety and
replacing it with a new Chapter 10A entitled "Flood Damage Prevention." The new chapter 10A will
include the updated language that was provided to the City by FEMA as well as the integration of the
language from Ordinance Number 02 -07 -1903 which requires properties to retain stormwater drainage on
site, and ensuring that a proper review of drainage is obtained.
RECOMMENDATION
It is recommended that the attached draft ordinance amending the South Miami Code of Ordinances be
approved on first reading.
Attachments:
Draft Flood Ordinance — Revised on September 10, 2009
Chapter IOA, entitled "Floods, " South Miami Code of Ordinances
Ordinance #02 -07 -1903
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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 IN ORDER TO REMOVE EXISTING CHAPTER 10A ENTITLED
"FLOODS" AND TO REPLACE SAID CHAPTER WITH A NEW CHAPTER 10A
ENTITLED "FLOOD DAMAGE PREVENTION" WHICH CONTAINS THE
FOLLOWING SECTIONS; PROVIDING FOR STATUTORY AUTHORIZATION,
FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING DEFINITIONS;
PROVIDING GENERAL PROVISIONS; PROVIDING LANDS TO WHICH THIS
ORDINANCE APPLIES; PROVIDING A BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD; PROVIDING A DESIGNATION OF FLOODPLAIN
ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT
PERMIT; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND
GREATER RESTRICTIONS; PROVIDING FOR INTERPRETATION; PROVIDING A
WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING ADMINISTRATION; PROVIDING PERMIT
PROCEDURES; PROVIDING DUTIES AND RESPONSIBILITIES OF THE
FLOODPLAIN ADMINISTRATOR; PROVIDING PROVISIONS FOR FLOOD
HAZARD REDUCTION; PROVIDING GENERAL STANDARDS; PROVIDING
SPECIFIC STANDARDS; PROVIDING STANDARDS FOR A -ZONES WITHOUT BASE
FLOOD ELEVATIONS AND REGULATORY FLOODWAYS; PROVIDING
STANDARDS FOR AO- ZONES; PROVIDING FOR VARIANCE PROCEDURES;
PROVIDING DESIGNATION OF VARIANCE AND APPEALS BOARD; PROVIDING
THE DUTIES OF VARIANCE AND APPEALS BOARD; PROVIDING FOR VARIANCE
PROCEDURES; PROVIDING THE CONDITIONS FOR VARIANCES; PROVIDING
FOR VARIANCE NOTIFICATION; PROVIDING FOR HISTORIC STRUCTURES;
PROVIDING FOR STRUCTURES ON REGULATORY FLOODWAY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the legislature of the State of Florida has authorized and delegated in
Chapter 166, Florida Statutes, the responsibility of local government units to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the City Commission adopted Ordinance No. 32 -92 -1526, creating the
chapter entitled "Floods ", Chapter 1 O on November 17, 1992; and
WHEREAS, the City Commission amended Section 10A -45 entitled "Permit
Procedures" on January 23, 2007 via Ordinance No. 02 -07 -1903; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has updated the
language used to govern Special Flood Hazard Areas (SFHA), requiring the removal of the
existing Chapter 10A entitled "Floods" of the City Code of Ordinances and the placement of a
new Chapter l0A entitled "Flood Damage and Prevention "; and
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WHEREAS, the Federal Emergency Management Agency (FEMA) amended the Flood
Insurance Rate Map (FIRM) for the City of South Miami which has an effective date of
September 11, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Chapter l0A entitled "Floods" of the City Code of Ordinances is hereby repealed
in its entirety.
Section 2. That new Chapter 10A entitled "Flood Damage Prevention" as fully written below is
herby adopted.
Chapter 10A
Flood Damage Prevention
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE,
AND OBJECTIVES
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Florida has authorized and delegated in Chapter 166,
Florida Statutes, the responsibility of local government units to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry.
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of the City of South Miami are subject to periodic
inundation, which results 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.
(2) These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities, and by the
occupancy in flood hazard areas by uses vulnerable to floods or hazardous to
other lands which are inadequately elevated, flood - proofed, or otherwise
unprotected from flood damages.
SECTION C. STATEMENT OF PURPOSE
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It is the purpose of this ordinance to save lives, promote the public health, safety and
general welfare, and minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to life, health, safety and property
due to water or erosion hazards; which result in damaging increases in erosion or
in flood heights and velocities;
(2) Require that uses vulnerable to floods including facilities which serve such uses
be protected against flood damage throughout their intended life span;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
SECTION D. OBJECTIVES
The objectives of this ordinance are to:
(1) Protect human life, health and to eliminate or minimize property damage;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, roadways, and bridges and culverts located in
floodplains;
(6) Maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize flood blight areas; and
(7) Ensure that potential homebuyers are notified that property is in a flood hazard
area.
ARTICLE 2. DEFINITIONS
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Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so
as to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
Accessory structure (Appurtenant structure) means a structure that is located on the same parcel
of property as the principal structure and the use of which is incidental to the use of the principal
structure. Accessory structures should constitute a minimal investment, may not be used for
'human habitation, and be designed to have minimal flood damage potential. Examples of
accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.
Appeal means a request for a review of the Floodplain Administrator's interpretation of any
provision of this ordinance or a request for a variance.
Area of shallow flooding means a designated AO or AH Zone on the community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
Area of special flood hazard is the land in the floodplain within a community subject to a one-
percent or greater chance of flooding in any given year. This term is synonymous with the phrase
"special flood hazard area."
Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year (also called the "100 -year flood" and the "regulatory flood "). Base flood is the term
used throughout this ordinance.
Base Flood Elevation means the water - surface elevation associated with the base flood.
Basement means any portion of a building having its floor sub -grade (below ground level) on all
sides.
Building — see Structure.
Datum A reference surface used to ensure that all elevation records are properly related. The
current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is
expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988.
Development means any man-made change to improved or unimproved real estate, including,
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, or storage of materials or equipment.
Elevated building means a non - basement building built to have the lowest -floor elevated above
the ground level by foundation walls, posts, piers, columns, pilings, or shear walls.
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I Encroachment means the advance or infringement of uses, plant growth, fill, excavation,
2 buildings, permanent structures or development into a floodplain, which may impede or alter the
3 flow capacity of a floodplain.
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5 Existing, Construction means, for the purposes of floodplain management, structures for which
6 "the start of construction" commenced before November 17, 1992. Existing construction, means
7 for the purposes of determining rates structures for which the "start of construction" commenced
8 before June 18, 1974. This term may also be referred to as "existing structures ".
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10 Existing manufactured home park or subdivision means a manufactured home park or
11 subdivision for which the construction of facilities for servicing the lots on which the
12 manufactured homes are to be affixed (including at a minimum the installation of utilities, the
13 construction of streets, and either final site grading or the pouring of concrete pads) is completed
14 before November 17, 1992.
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16 Expansion to an existing manufactured home park or subdivision means the preparation of
17 additional sites by the construction of facilities for servicing the lots on which the manufactured
18 homes are to be affixed (including the installation of utilities, the construction of streets, and
19 either final site grading or the pouring of concrete pads).
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21 Flood or flooding means:
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23 a) A general and temporary condition of partial or complete inundation of normally dry land
24 areas from:
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26 (1) The overflow of inland or tidal waters.
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28 (2) The unusual and rapid accumulation or runoff of surface waters from any source.
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30 (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
31 paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on
32 the surface of normally dry land areas, as when earth is carried by a current of water and
33 deposited along the path of the current.
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35 b) The collapse or subsidence of land along a shore of a lake or other body of water as the
36 result of erosion or undermining caused by waves or currents of water exceeding anticipated
37 cyclical levels or suddenly caused by an unusually high water level in a natural body of
38 water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash
39 flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event
40 which results in flooding as defined in paragraph (a) (1) of this definition.
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42 Flood Boundary and Floodway Map (FBFM) means the official map .of the community on
43 which the Federal Emergency Management Agency (FEMA) has delineated the areas of special
44 flood hazard and regulatory floodways.
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Flood Hazard Boundary Map (FHBM) means an official map of the community, issued by
FEMA, where the boundaries of the areas of special flood hazard have been identified as only
Approximate Zone A.
Flood Insurance Rate Map (FIRM) means an official map of the community, issued by
FEMA, which delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
Flood Insurance Study (FIS) means the official hydrology and hydraulics report provided by
FEMA. The study contains an examination, evaluation, and determination of flood hazards, and,
if appropriate, corresponding water surface elevations, or an examination, evaluation, and
determination of mudslide (i.e., mudflow) and other flood - related erosion hazards. The study
may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other
related data and information.
Floodplain means any land area susceptible to being inundated by water from any source (see
definition of "flooding ").
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
Floodplain Administrator is the individual appointed to administer and enforce the floodplain
management regulations of the community.
Floodplain management regulations means this ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications
of police power which control development in flood -prone areas. This term describes Federal,
State of Florida, or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Floodproofing means any combination of structural and non - structural additions, changes, or
adjustments to structures, which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway means the channel of a river or other 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 a designated height.
Floodway fringe means that area of the one - percent (base or .100 -year) floodplain on either side
of the regulatory floodway.
Freeboard means the additional height, usually expressed as a factor of safety in feet, above a
flood level for purposes- of floodplain management. Freeboard tends to compensate for many
unknown factors, such as wave action, blockage of bridge or culvert openings, and hydrological
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effect of urbanization of the watershed, which could contribute to flood heights greater than the
heights calculated for a selected frequency flood and floodway conditions.
Free of Obstruction means 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- Zones).
Functionally dependent use means a use that cannot be used for its intended purpose unless it is
located or carried out inclose proximity to water, such 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.
Hardship as related to variances from this ordinance means the exceptional difficulty associated
with the land that would result from a failure to grant the requested variance. The community
requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal ,preferences, or the disapproval of one's neighbors likewise cannot,
as a rule, qualify as an exceptional hardship. All of these problems can be resolved through
other means without granting a variance, even if the alternative is more expensive, or requires
the property owner to build elsewhere or put the parcel to a different use than originally
intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to the
start of construction, next to the proposed walls of a structure.
Historic Structure means any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
c) - Individually listed on the Florida inventory of historic places, which has been approved by
the Secretary of the Interior; or
d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By the approved Florida program as determined by the Secretary of the Interior, or
(2) Directly by the Secretary of the Interior.
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Lowest adjacent grade means the lowest elevation, after the completion of construction, of the
ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
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 ordinance.
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.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Market value means the building value, which is the property value excluding the land value
and that of the detached accessory structures and other improvements on site (as agreed to
between a willing buyer and seller) as established by what the local real estate market will bear.
Market value can be established by an independent certified appraisal (other than a limited or
curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost
depreciated for age and quality of construction of building), or adjusted tax- assessed values.
Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this
ordinance; the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929, or
North American Vertical Datum (NAVD) of 1988.
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a
reference for establishing varying elevations within the floodplain.
New Construction means, for floodplain management purposes, any structure for which the
"start of construction" commenced on or after November 17, 1992. The term also includes any
subsequent improvements to such structures. For flood insurance rates, structures for which the
start of . construction commenced on or after June 18, 1974, and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of the first floodplain management code, ordinance or standard.
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North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference
for establishing varying elevations within the floodplain.
Principally above ground means that at least 51 percent of the actual cash value of the structure
is above ground.
Program deficiency means a defect in the community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
regulations or of the standards required by the National Flood Insurance Program.
Public safety and nuisance means anything which is injurious to safety or health of the entire
community or a neighborhood, or any considerable number of persons, or unlawfully obstructs
the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
Reasonably safe from flooding means base flood waters will not inundate the land or damage
structures to be removed from the SFHA and that any subsurface waters related to the base flood
will not damage existing or proposed buildings.
Recreational vehicle means a vehicle that is:
a) Built on a single chassis;
b) 400 square feet or less when measured at the largest horizontal projection;
c) Designed to be self - propelled or permanently towable by a light duty truck; and
d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other 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 a designated height.
Remedy a deficiency or violation means to bring the regulation, procedure, structure or other
development into compliance with State of Florida, Federal, or local floodplain management
regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the
impacts may be reduced include protecting the structure or other affected development from
flood damages, implementing the enforcement provisions of this ordinance or otherwise
deterring future similar violations, or reducing Federal financial exposure with regard to the
structure or other development.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
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I Sand dune means naturally occurring accumulations of sand in ridges or mounds landward of
2 the beach.
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4 Shallow flooding — see area of shallow flooding.
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6 Special flood hazard area — see area of special flood hazard.
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8 Start of construction means, for other than new construction and substantial improvements
9 under the Coastal .Barrier Resources Act P. L. 97348, includes substantial improvement, and
10 means the date the building permit was issued, provided the actual start of construction, repair,
11 reconstruction, or improvement was within 180 days of the permit date. The actual start means
12 the first placement of permanent construction of a building (including a manufactured home) on
13 a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or
14 any work beyond the stage of excavation or placement of a manufactured home on a foundation.
15 Permanent construction does not include land preparation, such as clearing, grading and filling;
16 nor does it include the installation of streets and/or walkways; nor does it include excavation for
17 a basement, footings, piers or foundations or the erection of temporary forms; nor does it include
18 the installation on the property of accessory buildings, such as garages or sheds not occupied as
19 dwelling units or not part of the main building. For substantial improvement, the actual start of
20 construction means the first alteration of any wall, ceiling, floor, or other structural part of a
21 building, whether or not that alteration affects the external dimensions of the building.
22
23 Storm cellar means a place below grade used to accommodate occupants of the structure and
24 emergency supplies as a means of temporary shelter against severe tornadoes or similar
25 windstorm activity.
26 -
27 Structure means, for floodplain management purposes, a walled and roofed building, including
28 gas or liquid storage tank that is principally above ground, as well as a manufactured home.
29
30 Substantial damage means damage of any origin sustained by a structure whereby the cost of
31 restoring the structure to its before damaged condition would equal or exceed 50 percent of the
32 market value of the structure before the damage occurred. This term also includes "repetitive
33 loss" structures as defined herein.
34
-35 Substantial improvement means any reconstruction, rehabilitation, addition, or other
36 improvement of a structure, the cumulative cost of which equals or exceeds 50 percent of the
37 market value of the structure before the "start of construction" of the improvement. This term
38 includes structures that have incurred "substantial damage" regardless of the actual repair work
39 performed. This term does not, however, include any repair or improvement of a structure to
40 correct existing violations of State of Florida or local health, sanitary, or safety code
41 specifications, which have been identified by the local code enforcement official prior to the
42 application for permit for improvement, and which are the minimum necessary to assure safe
43 living conditions. This term does not include any alteration of a historic structure, provided that
44 the alteration will not preclude the structure's continued designation as a historic structure.
45
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Substantially improved existing manufactured home parks or subdivisions is where the
repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or
exceeds 50 percent. of the value of the streets, utilities and pads before the repair, reconstruction
or improvement commenced.
Variance is a grant of relief from the requirements of this ordinance.
Violation means the failure of a structure or other development to be fully compliant with the
requirements of this ordinance. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this ordinance is
presumed to be in violation until such time as that documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on
or over which waters flow at least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
ARTICLE 3. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard within the jurisdiction of
the City of South Miami.
SECTION B. 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 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 ordinance.
The Flood Insurance Study and Flood Insurance Rate Map are on file at the City of South
Miami Planning and Zoning Department.
SECTION C. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The City of South Miami hereby appoints the Building Official to administer and
implement the provisions of this ordinance and is herein referred to as the Floodplain
Administrator.
SECTION D. ESTABLISHMENT OF DEVELOPMENT PERMIT
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A development permit shall be required in conformance with the provisions of this
ordinance prior to the commencement of any development activities.
SECTION E. COMPLIANCE
No structure or land shall hereafter be located, extended, converted or structurally altered
without full compliance with the terms of this ordinance and other applicable regulations.
SECTION F. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION G. 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 of Florida
statutes.
SECTION H. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This. ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This ordinance shall not create liability on the part of the City of South
Miami or by any officer or employee thereof for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made thereunder.
SECTION I. PENALITIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply with any of its
requirements, including violation of conditions and safeguards established in connection
with grants of variance or special exceptions, shall be punishable for a non - criminal
violation. Any person who violates this ordinance or fails to comply with any of its
requirements shall, upon adjudication therefore, be fined not more than $500, and in
addition, shall pay all costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense. Nothing herein contained shall prevent
the Floodplain Administrator from taking such other lawful actions as are necessary to
prevent or remedy any violation.
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ARTICLE 4. ADMINISTRATION
SECTION A. 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:
(1) Application Stage:
a) Elevation in relation to mean sea level of the proposed lowest floor
(including basement) of all buildings;
b) Elevation in relation to mean sea level to which any non - residential building
will be flood - proofed;
c) Certificate from a registered professional engineer or architect -that the non-
residential flood - proofed building will meet the flood - proofing criteria in
Article 4, Section A (2) and Article 5, Section B (2);
d) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development; and
e) Elevation in relation to mean sea level of the bottom of the lowest horizontal
structural member of the lowest floor and provide a certification from a
registered engineer or architect indicating that they have developed and/or
reviewed the structural designs, specifications and plans of the construction
and certified that they are in accordance with accepted standards of practice
in Coastal High Hazard Areas.
f) Survey by a professional surveyor and/or mapper to locate lowest elevation
point, and spot elevations;
g) Certified geotechnical company percolation testing to find out how fast the
water drainage through soil to determine drainage system, such as,
exfiltration trench system;
h) Detailed plans documenting the existing Stormwater drainage condition of
the site, the adjoining properties, and rights -of -way;
i) 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);
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(2)
j) A one - hundred twenty -five (125) percent of estimated cost performance
bond for public right -of -way improvements;
k) 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.
1) 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.
Construction Stage:
a) Provide a floor elevation or floodproofing certification after lowest floor is
completed. Upon placement of the lowest floor, or flood - proofing by
whatever construction means, or bottom of the lowest horizontal structural
member it shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the NGVD or NAVD elevation of the lowest
floor or flood - proofed elevation, or bottom of the lowest horizontal
structural member of the lowest floor as built, in relation to 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 flood proofing is utilized for a particular building said certification
shall be prepared by or under the direct supervision of a professional
engineer or architect and certified 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 flood - proofing
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 survey or 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 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 survey or failure to make said
corrections required herein or pursuant to Section 20- 4.7(C)(4) of the City's
land development code, shall be cause to issue a stop work order for the
project, and refusal to issue a certificate of use or occupancy.
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SECTION B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
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ADMINISTRATOR
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Duties of the Administrator shall include, but not be limited to:
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(1)
Review permits to assure sites are reasonably safe from flooding;
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(2)
Review all development permits to assure that the permit requirements of this
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ordinance have been satisfied;
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(3)
Require copies of additional Federal, State of Florida, or local permits, especially
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as they relate to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05;
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381.0065; and 553, Part IV, Florida Statutes, be submitted along with the
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development permit application and maintain such permits on file with the
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development permit;
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(4)
Notify adjacent communities, the Florida Department of Community Affairs —
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Division of Emergency Management — NFIP Coordinating Office, South Florida
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Water Management District, the Federal Emergency Management Agency, and
20
other Federal and/or State of Florida agencies with statutory or regulatory
21
authority prior to any alteration or relocation of a watercourse;
22
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(5)
Assure that the flood - carrying capacity within the altered or relocated portion of
24
any watercourse is maintained;
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(6)
Verify and record the actual elevation (in relation to mean sea level) of the lowest
27
floor (A- Zones) or bottom of the lowest horizontal structural member of the
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lowest floor (V- Zones) of all new and substantially improved buildings, in
29
accordance with Article 5, Section B (1) and (2) and Section E (2), respectively;
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(7)
Verify and record the actual elevation (in relation to mean sea level) to which the
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new and substantially improved buildings have been flood - proofed, in accordance
33
with Article 5, Section B (2);
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(8)
Review certified plans and specifications for compliance. When flood - proofing is
36
utilized for a particular building, certification shall be obtained from a registered
37
engineer or architect certifying that all areas of the building, together with
38
attendant utilities and sanitary facilities, below the required elevation are water
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tight with walls substantially impermeable to the passage of water, and use
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structural components having the capability of resisting hydrostatic and
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hydrodynamic loads and the effects of buoyancy in compliance with Article 5,
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Section B (2) of this ordinance. In Coastal High Hazard Areas, certification shall
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be obtained from a registered professional engineer or architect that the building
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is designed and securely anchored to pilings or columns in order to withstand
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velocity waters and hurricane wave wash. Additionally in Coastal High Hazard
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floor is enclosed, it may be done so with open wood lattice and insect screening or
with non - supporting breakaway walls that meet the standards of Article 5, Section
E (6) of this ordinance;
(9) 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;
(10) When base flood elevation data and floodway data have not been provided in
accordance with Article 3, Section B, the Floodplain Administrator shall obtain,
review and. reasonably utilize any base flood elevation and floodway data
available from a Federal, State of Florida, or any other source, in order to
administer the provisions of Article 5;
(11) Coordinate all change requests to the FIS; FIRM and FBFM with the requester,
State of Florida, and FEMA, and
(12) Where Base Flood Elevation is utilized, obtain and maintain records of lowest
floor and floodproofing elevations for new construction and substantial
improvements in accordance with Article 5, Sections B (1) and (2), respectively.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. 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) 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) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral
movement. Methods of anchoring may include, but are not limited to, use of
over - the -top or frame ties to ground anchors. This standard shall be in addition to
and consistent with applicable State 'of Florida requirements for resisting wind
forces;
(3) New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage;
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(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 ordinance shall meet the requirements of
"new construction" as contained in this ordinance;
(10) Any alteration, repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this ordinance, 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 may include, but not be 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 Community 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; and
(12) Standards for Subdivision Proposals and other new Proposed Development
(including manufactured homes):
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2 damage;
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4 b) Such shall have public utilities and facilities such as sewer, gas, electrical,
5 and water systems located and constructed to minimize or eliminate flood
6 damage; and
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8 c) Such proposals shall have adequate drainage provided to reduce exposure
9 to flood hazards..
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11 (13) When proposed new construction and substantial improvements are partially
12 located in an area of special flood hazard, the entire structure shall meet the
13 standards for new construction.
14,
15 (14) When proposed new construction and substantial improvements are located in
16 multiple flood hazard risk zones or in a flood hazard risk zone with multiple base
17 flood elevations, the entire structure shall meet the standards for the most
18 hazardous flood hazard risk zone and the highest base flood elevation.
19
20 SECTION B. SPECIFIC STANDARDS.
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22 In all A -Zones where base flood elevation data have been provided (Zones AE, Al -30, A
23 (with base flood elevation), and AH), as set forth in Article 3, Section B, the following
24 provisions, in addition to those set forth in Article 5, Section A, shall apply:
25.
26 (1) Residential Construction. All new construction and substantial improvement of
27 any residential building (including manufactured home) shall have the lowest
28 floor, including basement, elevated to no lower than the base flood elevation.
29 Should solid foundation perimeter walls be used to elevate a structure, there must
30 be a minimum of two openings on different sides of each enclosed area sufficient
31 to facilitate automatic equalization of flood hydrostatic forces in accordance with
32 standards of Article 5, Section B (3).
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34 (2) Non - Residential Construction. All new construction and substantial improvement
35 of any commercial, industrial, or non - residential building (including
36 manufactured home) shall have the lowest floor, including basement, elevated to
37 no lower than the base flood elevation. All buildings located in A -Zones may be
38 flood- proofed, in lieu of being elevated, provided that all areas of the building
39 components, together with attendant utilities and sanitary. facilities, below the
40 base flood elevation are water tight with walls substantially impermeable to the
41 passage of water, and use structural components having the capability of resisting
42 hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered
43 professional engineer or architect shall certify that the standards of this subsection
44 are satisfied using the FEMA Floodproofing Certificate. Such certification along
45 with the corresponding engineering data, and the operational and maintenance
46 plans shall be provided to the Floodplain Administrator.
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(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 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) Standards for Manufactured Homes and Recreational Vehicles
a) All manufactured homes that are placed, or substantially improved within
Zones Al -30, AH, and AE, on sites (i) outside of an existing
manufactured home park or subdivision, (ii) in a new manufactured home
park or subdivision, (iii) in an expansion to an existing manufactured
home park or subdivision, or (iv) in an existing manufactured home park
or subdivision on which a manufactured home has incurred "substantial
damage" as the result of a flood, the lowest floor be elevated on a
permanent foundation to no lower than the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
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(5)
(6)
b) All manufactured homes to be placed or substantially improved in an
existing manufactured home park or subdivision that are not subject to the
provisions of paragraph 4 (a) of this Section, must be elevated so that
either:
(i) The lowest floor of the manufactured home is elevated to no lower
than one foot above the base flood elevation, or-
(ii) The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least an equivalent strength that are
no less than 36 inches in height above the grade and securely
anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
c) - Reserved.
d) All recreational vehicles must either:
(i) Be on the site for fewer than 180 consecutive days,
(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), or
(iii) Meet all the requirements for new construction, including anchoring
and elevation standards in accordance with Article 5, Section B (4)
(a) and (b).
Adequate drainage paths around structures shall be provided on slopes to guide
water away from structures within Zone AH.
Standards for waterways with established Base Flood Elevations, but without
Regulatory Floodways.
Located within the areas of special flood hazard established in Article 3, Section
B, where streams exist for which base flood elevation data has been provided by
the Federal Emergency Management Agency without the delineation of the
regulatory floodway (Zones AE and Al -30), the following provisions, in addition
to those set forth in Article 5, Section B (1) through (5), shall apply:
a) Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development including fill shall be permitted
within the areas of special flood hazard, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all
other existing and anticipated development will not increase the water
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surface elevation of the base flood more than one foot at any point within
the community.
b) Development activities which increase the water surface elevation of .the
base flood by more than one foot may be allowed, provided that the
developer or applicant first applies — with the community's endorsement —
for a conditional FIRM revision, and receives the approval of the Federal
Emergency Management Agency (FEMA).
(7) Standards for waterways with established Base Flood Elevations and F000dways.
Located within areas of special flood hazard established in Article 3, Section B,
are areas designated as floodways. Since the floodway is -an extremely hazardous
area due to the high velocity of flood waters which carry debris, potential
projectiles and have significant erosion potential, the following provisions, in
addition to those set forth in Article 5, Section B (1) through (5), shall apply:
a) Prohibit encroachments, including fill, new construction, substantial
improvements and other developments within the regulatory floodway
unless certification (with supporting technical data) by a registered
professional engineer is provided through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice
demonstrating that encroachments would not result in any increase in
flood levels during occurrence of the base flood discharge.
b) Reserved.
C) Development activities including new construction and substantial
improvements within the regulatory floodway that increase the base flood
elevation may be allowed, provided that the developer or applicant first
applies — with the community's endorsement — for a conditional FIRM
revision, and receives the approval of FEMA.
d) When fill is proposed, in accordance with the permit issued by the Florida
Department of Health, within the regulatory floodway, the development
permit shall be issued only upon demonstration by appropriate engineering
analyses that the proposed fill will not increase the water surface elevation
of the base flood in accordance with Article 5, Section B (7) (a).
SECTION C. SPECIFIC STANDARDS FOR A -ZONES WITHOUT $ASE
FLOOD ELEVATIONS AND REGULATORY FLOODWAYS.
Located within the areas of special flood hazard established in Article 3, Section B,
,where there exist A Zones for which no base flood elevation data and regulatory
floodway have been provided or designated by the Federal Emergency Management
.Agency, the following provisions shall apply:
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(1) Require standards of Article 5, Section A.
(2) Require that all new subdivision proposals and other proposed developments
(including proposals for manufactured home parks and subdivisions) greater than
50 lots or 5 acres, whichever is the lesser, include within such proposals base
flood elevation data. Standards set forth in Article 5, Section B shall apply.
(3) The Floodplain Administrator shall obtain, review, and ,reasonably utilize any
base flood elevation and floodway data available from a Federal, State of Florida,
or any other source, in order to administer the provisions of this ordinance. When
such data is utilized, provisions of Article 5, Section B shall apply. The
Floodplain Administrator shall:
a) Obtain the elevation (in relation to the mean sea level) of the lowest floor
(including the basement) of all new and substantially improved structures,
b) Obtain, if the structure has been fl'oodproofed in accordance with the
requirements of Article 5, Section B (2), the elevation in relation to the mean
sea level to which the structure has been floodproofed, and
c) Maintain a record of all such information.
(4) Notify, in riverine situations, adjacent communities, the Florida Department of
Community Affairs — NFIP Coordinating Office, and the South Florida Water
Management District prior to any .alteration or relocation of a watercourse, and
submit copies of such notifications to FEMA.
(5) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(6) Manufactured homes shall be installed'using methods and practices that minimize
flood damage. They must be elevated and anchored to prevent flotation, collapse,
and lateral movement. Methods of anchoring may include, but are not limited to,
use of over -the -top or frame ties to ground anchors. This requirement is in
addition to applicable State of Florida and local anchoring requirements for
resisting wind forces.
(7) When the data is not available from any source, in accordance with standards set
forth in Article 5, Section C (2) of this Section, the lowest floor of the structure
shall be elevated to no lower than two above the highest adjacent grade.
Standards set forth in Article 5, Section B shall apply.
SECTION D. STANDARDS FOR AO -ZONES
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Located within the areas of special flood hazard established in Article 3, Section B, are
areas designated as shallow flooding areas. These areas have flood hazards associated
with base flood depths of one to three 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 Article -5, Section A, 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. If no flood depth number is specified, the lowest
floor, including basement, shall be elevated to no less than two feet above the
highest adjacent grade.
(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. If no flood depth number is specified, the
lowest floor, including basement, shall be elevated to at least two feet
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
Article 5, Section D (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 Article 5, Section B.
ARTICLE 6. VARIANCE PROCEDURES.
SECTION A. DESIGNATION OF VARIANCE AND APPEALS BOARD.
The City Commission as established by the Charter of the City of South Miami shall hear
and decide appeals and requests for variances from the requirements of this ordinance.
SECTION B. DUTIES OF VARIANCE AND APPEALS BOARD.
The board shall hear and decide appeals when it is alleged an error in any requirement,
decision, or determination is made by the Floodplain Administrator in the enforcement or
administration of this ordinance. Any person aggrieved by the decision of the board may
appeal such decision to the Circuit Court.
SECTION C. VARIANCE PROCEDURES.
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In acting upon such applications, the City Commission shall consider all technical
evaluations, all relevant factors; standards specified in other sections of this ordinance,
and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment of transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
and
(11) 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, and streets and bridges.
SECTION D. CONDITIONS FOR VARIANCES.
(1) Variances shall only be issued when there is:
a) A showing of good and sufficient cause;
b) A determination that failure to grant the variance would result in exceptional
hardship; and
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C) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public expense, create nuisance, cause
fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary deviation from the requirements of this ordinance.
(3) Variances shall not be granted after - the -fact.
(4) The Floodplain Administrator shall maintain the records of all variance actions,
including justification for their issuance or denial, and report such variances in the
community's NFIP Biennial Report or upon request to FEMA and the State of
Florida, Department of Community Affairs, NFIP Coordinating Office.
SECTION E. VARIANCE NOTIFICATION.
Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood elevation
will result in increased premium rates for flood insurance up to amounts as high
as $25 for, $100 of insurance coverage, and
(2) Such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the Floodplain Administrator in the Office of
the Clerk of Court and shall be recorded in a manner so that it appears in the chain of title
of the affected parcel of land.
SECTION F. HISTORIC STRUCTURES.
Variances may be issued for the repair or rehabilitation of "historic" structures — meeting
the definition in this ordinance — upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a "historic"
structure.
SECTION G. STRUCTURES IN REGULATORY FLOODWAY.
Variances shall not be issued within any designated floodway if any impact in flood
conditions or increase in flood levels during the base flood discharge would result.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
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Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2nd Reading —
day of , 2009
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM
CITY ATTORNEY
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COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
Chapter 10A
FLOODS
Art. I. In General, §§ 10A- 1- 10A -30
Art. II. Flood Damage Prevention, §§ 10A- 31- 10A•50
ARTICLE I. IN GENERAL
Secs. 10A- 1- 10A -30. Reserved.
ARTICLE R. FLOOD DAMAGE PREVENTION*
Sec. 10A -31. Findings of fact.
The flood hazard areas of the city are subject to periodic inun-
dation which results in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, ex-
traordinary 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.
These flood losses are caused by the cumulative effect of ob-
structions in floodplains causing increases in flood heights and
velocities, and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands which are inad-
equately elevated, floodproofed, or otherwise unprotected from
flood damages. (Ord. No. 1526, § 1, 11- 17 -92)
Sec. 10A -32. Short title.
This article may be cited as "Flood Damage Prevention
Ordinance." (Ord. No. 1526, § 2,11-17-92)
*Editor's note — Ordinance No. 1526, adopted November 17, 1992, did not
specifically amend the Code; hence, codification of §§ 1 -20 as §§ 1OA- 31- 10A -50
was at the discretion of the editor.
Cross references— Administration and city government, Ch. 2; buildings, Ch.
7; subdivisions, Ch. 17A.
Supp. No. 47 139
§ IOA -33 SOUTH MIAMI CODE § IuA -34
Sec. 10A -33. Statement of purpose.
. It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private
losses due to flood conditions in spec areas by provisions de-
signed to:
(1) Restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood
heights or velocities;
(2) Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage
at the time of initial construction;
(3) Control the alteration of natural floodplains, stream chan-
nels, and natural protective barriers which are involved in
the accommodation of floodwaters;
(4) Control filling, grading, dredging and other development
which may increase erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers which
Will unnaturally divert floodwaters or which may increase
flood hazards to other lands. (Ord. No. 1526, § 3, 11.17 -92)
Sec. 10A -34. Objectives.
The objectives of this article are as follows:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood
control projects;
(3) To minimize the need for rescue and relief efforts associ-
ated with flooding and generally undertaken at the ex-
pense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to'public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains;
Supp. No. 47 140
§ 1OA -34 FLOODS § 10A -35
(6) To help maintain a stable tax base by providing for the
sound use and development of flood -prone areas in such a
manner as to minimize flood blight areas; and
(7) To insure that potential home buyers are notified that prop-
erty is in a flood area. (Ord. No. 1526, § 4, 11- 17 -92)
Sec. 10A -35. Definitions.
Unless specifically defined below, words or phrases used in this
article shall be interpreted so as to give the words and phrases the
meaning they have in common usage and to give this article its
most reasonable application.
Addition (to an existing building) means any walled and roofed
expansion to the perimeter of a building in which the addition is
connected by a common load - bearing wall other than a fire wall.
Any walled and roofed addition which is connected by a fire wall
or is separated by, independent perimeter load - bearing walls is
defined as new construction.
Appeal means a request for a review of the building official's
interpretation of any provision of this article or a request for a
variance from this article.
Area of special flood hazard means the land in the floodplain
within a community subject to a one - percent or greater chance of
flooding in any given year.
Base flood means the flood having a one - percent chance of being
equalled or exceeded in any given year.
Basement means that portion of a building having its floor sub -
grade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural
support of the building and is intended through its design and
construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or
supporting foundation system.
Building means any structure built for support, shelter, or en-
closure for any occupancy or storage.
Supp. No. 47 141
s" 10A -35 SOUTH MIAMI CODE § iOA -35
Development means any manmade change to improved or un-
improved real estate, including, but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving, ex-
cavating, drilling operations or permanent storage of materials or
equipment.
Elevated building means a nonbasement building built to have
the lowest floor elevation above ground level by means of fill,
solid foundation perimeter walls, pilings, columns, posts, piers,
shear walls, or breakaway walls.
Existing construction means any structure for which the start
of construction commenced before June 18, 1974.
Flood or flooding means a general and temporary condition of
partial or complete inundation of normally dry land areas from
the overflow of inland or tidal waters, or the unusual and .rapid
accumulation or runoff of surface waters from any source.
Flood hazard boundary map (FHBM) means an official map of
a community, issued by the Federal Emergency Management
Agency, where boundaries of the special flood hazard have been
defined as Zone A.
Flood insurance rate map (FIRM) means an official map of a
community, on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and
risk premium zones applicable to the community.
Flood insurance study means the official report provided by the
Federal Emergency Management Agency, containing flood pro-
files, as well as the flood boundary floodway map and the water
surface elevation of the base flood.
Floor means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab construction
or top of wood flooring in wood frame construction. The term does
not include the floor of a garage used solely for parking vehicles.
Highest adjacent grade means the highest natural elevation of
the ground surface, prior to construction, next to the proposed
walls of a building.
Supp. No. 47 142
§ 1OA -35 FLOODS- § 10A -35
Historic structure means any structure that is:
(1) Listed individually in- the National Register of Historic
Places (a listing maintained by the department of interior)
or preliminarily determined by the secretary of the interior
as meeting the requirements for individual listing. on the
National Register;
(2) Certified or preliminarily determined by the secretary of
the interior as contributing to the historical significance of
a registered historical district or a district preliminarily
determined by the secretary to qualify as a registered his-
toric district;
(3) Individually listed on a state inventory of historic places
where such list is part of historic preservation programs
approved by the secretary of the interior; or
(4) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have
been certified either by an approved state program as de-
termined by the secretary of the interior, or directly by the
secretary of the interior.
Manufactured home or mobile home means a building, trans-
portable in one (1) 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 transport-
able structures placed on a site for one hundred eighty (180) con-
secutive 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).
Mean sea level means the average height of the sea for all
stages of the tide. It is used as a reference for establishing various
elevations within the floodplain. For purposes of this article, the
term is synonymous with National Geodetic Vertical Datum
(NGVD).
National Geodetic Vertical Datum (NGVD), as corrected in 1929,
means a vertical control used as a reference for establishing
varying elevations within the floodplain.
Supp. No. 47 143
y 10A -35 SOUTH MIAMI COLE § 1OA -35
New construction means any structure for which the start of
construction commenced after June 18, 1974. The term also in-
cludes any subsequent improvements to such structure.
Recreational vehicle means a vehicle which is built on a single
chassis; four hundred (400) square feet or less when measured at
the largest horizontal projection; designed to be self - propelled or
permanently towable by a light duty truck; and designed prima-
rily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel or seasonal use.
Start of construction includes substantial improvement, and
means the date the building permit was issued, provided the ac-
tual start of construction, repair, reconstruction, or improvement
was within one hundred eighty (180) days of the permit date. The
actual start means the first placement of permanent construction
of a building on a site, such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond
the stage of excavation. Permanent construction does not include
land preparation, such as clearing, grading and filling nor does it
include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the instal-
lation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main
building. For a substantial improvement, the actual start of con-
struction 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.
Structure means a walled and roofed building that is princi-
pally above ground, a gas or liquid storage tank, or other man-
made facilities or infrastructures.
Substantial damage mea ns. 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.
Substantial improvement means any combination of repairs,
reconstruction, alteration, or improvements to a building, taking
place during a ten -year period, in which the cumulative cost equals
Supp. No. 47 144
§ 1OA -35 FLOODS § 1OA -38
or exceeds fifty (50) percent of the market value of the building.
The market value of the building should be the appraised value of
the building prior to the start of the initial repair or improve-
ment; or, in the case of damage, the value of the building prior to
the damage occurring. This term includes structures which have
incurred substantial damage, regardless of the actual repair work
performed. For the purposes of this definition, substantial im-
provement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building com-
mences, whether or not that alteration affects the external di-
mensions of the building. The term does not, however, include
any project for improvement of a building required to comply with
existing health, sanitary, or safety code specifications which have
been identified by the building official and which are solely nec-
essary to assure safe living conditions.
Variance (from this article) means a grant of relief from the
requirements of this article which permits construction in a
manner otherwise prohibited by this i cl � h where
en-
forcement would result in'unnecessary h dp Od. 1526,
§ 5, 11- 17 -92)
Sec. 10A -36. Jurisdiction.
This article shall apply to all areas of special flood hazard within
the jurisdiction of the city. (Ord. No. 1526, § 6, 11- 17 -92)
Sec. 10A -37. Basis for establishing areas of special flood
hazard.
The areas of special flood hazard are to be identified by the
Federal Emergency Management Agency in the flood insurance
rate map (FIRM), dated November 4, 1987, with other supporting
data, and any revision thereto, are adopted by reference and de=
clared to be a part of this article. (Ord. No. 1526, § 7, 11- 17 -92)
Sec. 10A -38. Establishment of development permit.
A development permit shall be required in conformance with
the provision of this article prior to the commencement of any
development activities. (Ord. No. 1526, § 8, 11= 17 -92)
Supp. No. 47 144.1
§ 1AA00 SOUTH MIAMI CODE § 10A -43
Sec. 10A -39. Compliance.
No structure or land shall hereafter be located, extended, con-
verted or structurally altered without full compliance with the
terms of this article and other applicable regulations. (Ord. No.
1526, § 9, 11- 17 -92)
Sec. 10A40. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this article and another conflict or overlap, whichever im-
poses the more stringent restrictions shall prevail. (Ord. No. 1526,
§ 10, 11- 17 -92)
Sec. 10A -41. Interpretation.
In the interpretation and application of this article, all provi.
sions shall be considered as minimum requirements; liberally
construed in favor of the governing body; and deemed neither to
limit nor repeal any other powers granted under Florida Statutes.
(Ord. No. 1526, § 11, 11- 17 -92)
Sec. 10A -42. Warning and disclaimer of liability.
The degree of flood protection required by this article is con-
sidered reasonable for regulatory purposes and is based on scien-
tific and engineering consideration. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This article does not imply that land
outside the areas of special flood hazard or uses permitted within .
such areas will be free from flooding or flood damages. This ar-
ticle shall not create liability on the part of the city, or by any
officer or employee thereof, for any flood damages that result
from reliance on this article or any administrative decision law-
fully made thereunder. (Ord. No. 1526, § 12, 11- 17 -92)
Sec. 10A -43. Penalties for violation.
Violations of the provisions of this article or failure to comply
with any of its requirements, including violation of conditions
and safeguards established in connection with grants of variance
Supp. No. 47
144.2 .
§ 1OA -43 FLOODS § 10A -45
or special exceptions, shall constitute a misdemeanor. Any person
who violates this article or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more
than two hundred fifty dollars ($250.00) per day, and in addition,
shall pay all costs and expenses involved in the case. Each day
such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the city from taking such
other lawful actions as is necessary to prevent or remedy any
violation.
(Ord. No. 1526, § 13, 11- 17 -92)
Sec. 10A -44. Designation of local administrator.
The city hereby appoints the building official as the local
administrator to administer and implement all provisions of this
article within the boundaries of the city.
(Ord. No. 1526, § 14, 11- 17 -92)
Sec. 10A -45. Permit procedures.
Application for a development permit shall be made to the
building official on forms furnished by him or her prior to any
development activities, and may include, but not be limited to,
the following plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevations of the area in ques-
tion, existing or proposed structures, earthen fill, storage of
materials or equipment, drainage facilities, and the location of
the foregoing. Specifically, the following information is required:
(1) Application stage.
a. Elevation in relation to mean sea level of the pro-
posed lowest floor (including basement) of all build-
ings;
b. Elevation in relation to mean sea level to which any
nonresidential building will be floodproofed;
C. Certificate from a registered professional engineer
or architect that the nonresidential floodproofed
building will,meet the floodproofing criteria in sub -
section 10A- 49(2), of this article;
Supp. No. 64 144.3
§ 10A -45 SOUTH MIAMI CODE § 1OA -45
d. Description of the extent to which any watercourse
will be altered or relocated as the result of proposed
development;
e. Survey by a professional surveyor and/or mapper to
locate lowest elevation point, and spot elevations;
f. Certified geotechnical company percolation testing
to find out how fast the water drainage through soil
to determine drainage system, such as, exfiltration
trench system;
g. Detailed plans documenting the existing stormwater
drainage condition of the site, the adjoining proper-
ties, and rights -of -way;
h. 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);
i. A one hundred twenty -five (125) percent of esti-
mated cost performance bond for public right -of -way
improvements;
j. 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.
k. Submittal of all plans and permit documents to the
City of South Miami's Site Review Committee, which
committee shall consist of representatives of the
city's building, zoning, and public works depart-
ments in order to obtain review and sign off as to
proposed development permits.
(2) Construction stage.
a. Provide a floor elevation or floodproofing certifica-
tion after the lowest floor is completed. Upon place-
ment of the lowest floor, or floodproofing by what-
ever construction means, it shall be the duty of the
permit holder to submit to the building official a
certification of elevation of the lowest floor,
floodproofed elevation as built, in relation to mean
Supp. No. 64 144.4
§ 1OA -45 FLOODS § 1OA -46
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 engi-
neer or architect and certified by same. Any work
undertaken prior to submission of the certification
shall be at the permit holder's risk. 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 survey or failure to
make said corrections required hereby, shall be
cause to issue a stop work order for the project, and
refusal to issue a certificate of use or occupancy.
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. Fail-
ure to submit the survey or failure to make said
corrections required herein or pursuant to subsec-
tion 20- 4.7(C)(4) of the city's land development code,
shall be cause to issue a stop work order for the
project, and refusal to issue a certificate of use or
occupancy.
(Ord. No. 1526, § 15; 11- 17 -92; Ord. No. 1903, § 1, 1- 23 -07)
Sec. 10A -46. Duties and responsibilities of the building
official.
The duties of the building official shall include, but not be
limited to, the following:
(1) Review all development permits to assure that the permit
requirements of this article have been satisfied.
Supp. No. 64 144.4.1
§ 10A -46 SOUTH MIAMI CODE § 10A -46
(2) Advise permittee that additional federal or state permits
may be required, and if specific federal or state require-
ments are known, require that copies of such permits be
provided and maintained on file with the development
permit.
(3) Notify adjacent communities, Metro -Dade County Depart;
went of Environmental Resource Management, South
Florida Water Management District and South Florida
Regional Planning Council prior to any alteration or
reloca-
Supp. No. 64 144.4.2
§ 1OA -46 FLOODS § 10A -46
tion of a watercourse, and submit evidence of such notifi-
cation to the Federal Emergency Management Agency.
(4) Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that flood - carrying
capacity is not diminished.
(5) Verify and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new
or substantially improved buildings, in accordance with
section 10A -45(2) of this article.
(6) Verify and record the actual elevation (in relation to mean
sea level) to which the new or substantially improved build-
ings have been floodproofed, in accordance with section
10A -45(2) of this article.
(7) When floodproofing is utilized for a particular building, the
building official,shall obtain certification from a registered
professional engineer or architect, in accordance with sec-
tion 10A -49(2) of this article.
(8) Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (e.g., where
there appears to be a conflict between a mapped boundary
and actual field conditions), the building official shall make.
the necessary interpretation. The person contesting the lo-
cation of the boundary shall be given a reasonable oppor-
tunity to appeal the interpretation as provided in this ar-
ticle.
(9) When base flood elevation data or floodway data have not
been provided in accordance with section 10A -37, then the
building official shall obtain, review and reasonably utilize
any base flood elevation and floodway data available from
a federal, state or other source, in order to administer the
provisions of sections 10A -48, 10A -49 and 10A -50.
(10) All records pertaining to the provisions of this article shall
be maintained in the building and zoning department and
shall be open for public inspection. (Ord. No. 1526, § 16,
11- 17 -92)
Supp. No. 47 144.5
1C.A. A7 Sv'v i iz iviuun'i ivi�E § 10A -47
Sec. 10A -47. Procedures for variances from this article.
(a) The city commission, as established by the Charter of the
city, shall hear and decide appeals and requests for variances
from requirements of this article.
(b) The city commission shall hear and decide appeals when it
is alleged that there is an error in any requirement, decision, or
determination made by the building official in the enforcement or
administration of this article.
(c) Any person aggrieved by the decision of the city commission
or any taxpayer may appeal such decision to the Appellate Divi-
sion of the Circuit Court, as provided in Florida Statutes 120.68.
(d) Variances may be issued for the repair or rehabilitation of
historic structures (see definition) upon a determination that the
proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is
the minimum to preserve the historic character and design of the
structure.
(e) In passing upon such applications, the city commission shall
consider all technical evaluations, all relevant factors, all stan-
dards specified in other sections of this article, and:
(1) The danger that materials may be swept onto other lands
to the injury of others;
(2) The danger to life and property due to flooding or erosion
damage;
(3) The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the indi-
vidual owner;
(4) The importance of the services provided by the proposed
facility to the community;
(5) The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(6) The compatibility of the proposed use with existing and
anticipated development;
Supp. No. 47 144.5
§ 1OA -47 FLOODS § 10A -47
(7) The compatibility of the proposed use to the comprehensive
plan and floodplain management program for that area;
(8) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise and
sediment transport of 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, and streets and bridges.
(f) Upon consideration of the factors listed above, and the pur-
poses of this article, the city commission may attach such condi-
tions to the granting of variances as it deems necessary to further
the purposes of this article.
(g) Conditions for granting variances from this article:
(1) Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief; and in the instance of a his-
torical building, a determination that the variance is the
minimum necessary so as not to destroy the historic char-
acter and design of the building.
(2) Variances from this article shall only be issued upon:
a. showing of good and sufficient cause;
b. determination that failure to grant the variance would
result in exceptional hardship; and
c. determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nui-
sance, cause fraud on or victimization of the public, or
conflict with existing local, laws or ordinances.
(3) Any applicant to whom a variance is granted shall be given
written notice specifying the difference between the base
flood elevation and the elevation to which the building is to
be built and stating that the cost of flood insurance will be
Supp. No. 47 144.7
§ 1OA -47 SOUTH MIAMI CODE § 10A -48
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(4) The building official shall maintain the records of all ap-
peal actions and report any variances to the Federal Emer-
gency Management Agency upon request. (Ord. No. 1526, §
17, 11- 17 -92)
Sec. 10A -48. Standards for flood hazard reduction —Gen-
eral.
In all areas of special flood hazard the following provisions are
required:
(1) New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure;
(2) New construction and substantial improvements shall be
constructed with materials and utility equipment resistant
to flood damage;
(3) New construction or substantial improvements shall be con-
structed by methods and practices that minimize flood
damage;
(4) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and/or located so as to prevent water from entering or ac-
cumulating within any component during conditions of
flooding,
(5) New and replacement water supply systems shall be de-
signed to minimize or eliminate infiltration of floodwaters
into the system;
(6) New and replacement sanitary sewage systems shall be
designed to minimized or eliminate infiltration of floodwa-
ters into the systems and discharges from the systems into
floodwaters;
(7) On -site waste disposal systems shall be located and con.
structed to avoid impairment to them or contamination
from them during flooding,
Supp. No. 47
144.8
§ 1OA -48 FLOODS § 1OA -49
(8) Any alteration, repair, reconstruction or improvements to
a building which is in compliance with the provisions of
this article, shall meet the requirements of new construc-
tion as contained in this article; and
(9) Any alteration, repair, reconstruction or improvements to
a building which is not in compliance with the provisions. of..
this article, shall be undertaken only if said nonconformity
is not furthered, extended, or replaced. (Ord. No. 1526, §
18, 11- 17 -92)
Sec. 10A -49. Same — Specific.
In all areas of special flood hazard where base flood elevation
data has been provided, as set forth in section 1OA -37 or 10A-
46(9), the following provisions are required:
(1) Residential construction.. New construction. or substantial
improvement of any residential building shall have the
lowest floor, including basement, elevated no lower than
the base flood elevation. Should solid foundation perimeter
walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of floodwaters shall
be provided in accordance with standards of subsection (3).
(2) Nonresidential construction. New construction or substan-
tial improvement of any commercial, industrial, or nonres-
idential building shall have the lowest floor, including base-
ment, elevated no lower than the base flood elevation. A
registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such
certification shall be provided to the building official as set
forth in section (7).
(3) Elevated buildings. New construction or substantial im-
provements of elevated buildings that include fully en-
closed areas formed by foundation and other exterior walls
below the base flood elevation shall be designed to preclude
finished living space and designed to allow for the entry
and exit of floodwaters to automatically equalize hydro-
static flood forces on exterior walls.
Supp. No. 47 144.9
3 10A -49 SOUTH MIAMI C:GDE 4 1OA -50
a. Designs for complying with this requirement must ei-
ther be certified by a professional engineer or archi-
tect, or meet the following minimum criteria:
1. Provide a minimum of two openings having a total
net area of not less than one (1) square inch for
every, square foot of enclosed area subject to
flooding,
2. The bottom of all openings shall be no higher than
one (1) foot above grade; and
3. Openings may be equipped with screens, louvers,
valves or other coverings or devices, provided they
permit the automatic flow of floodwaters in both
directions.
b. Access to the enclosed area shall be the minimum nec-
essary to allow for parking of vehicles (garage door) or
limited storage of maintenance equipment used in con-
nection 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
partitioned or finished into separate rooms. (Ord. No.
1526, § 19, 11- 17 -92)
Sec. 10A -50. Standards for subdivision proposals.
(a) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(b) All subdivision proposals shall have public utilities and fa-
cilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage;
(c) All subdivision proposals shall have adequate drainage, pro-
vided to reduce exposure to flood hazards; and'
(d) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than
the lesser of fifty (50) lots or five (5) acres. (Ord. No. 1526, § 20,
11.17 -92)
Supp. No. 47 144.10
ORDINANCE NO.: 02-07-19
AN ORDINANCE, OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
DRAINAGE; AMENDING SECTION 1OA -45 OF THE . CITY'S
CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE SO AS TO PREVENT
DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING
TO OR CAUSING RECURRENT OR EXCESSIVE PONDING ON
ADJOINING PROPERTIES OR PUBLIC RIGHS -OF=WAY AND TO
AMEND THE PERMITTING PROCESS SO AS TO ENSURE
PROPER REVIEW AND DRAINAGE; PROVIDING FOR
SEVERABILITY, ORDINANCES -IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to promote, protect and improve the health, safety and welfare of the residents and
businesses of, and visitors to, the City of South Miami by enhancing the minimum
requirements of the Florida Building Code; and,
WHEREAS, prior to the passage of the Florida Building Code, south Florida was
governed by the South Florida Building Code (SFBC), which code required individual
property owners to maintain all rain run -off on their property; and,
WHEREAS, the SFBC is no longer in application, and the city desires to
implement certain safeguards to ensure that stormwater drainage is properly regulated;
and,
WHEREAS, flooding is a major issue in the state of Florida and specifically a
major issue for the general health, welfare and safety of the residents and businesses of
South Miami, and,
WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
163 and 166, Florida Statutes, the City desires to enhance its minimum Housing standard,
to require, individual property owners to maintain stormwater drainage on their
properties; and,
WHEREAS, the City already amended section 20 -4,7 of the City's land
development code to require properties to maintain stormwater on site, or provide
adequate drainage so as to prevent contributing or causing recurrent and/or excessive
ponding to adjoining properties or public rights -of -way; and,
Additions shown by underlining and deletions shown by evef ng:
Pg. 2 of Ord. No. 02 -07 -1903
WHEREAS, the Mayor and City Commission desire to amend section 1OA -45 of
the City's Code to require greater permitting requirements relating to flood zones.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 10A -45 is amended to reads as follows:
Application for a development permit shall be made, to the building official on
forms furnished by him or her prior to any development activities, and may include, but
not be limited to, the following plans in duplicate drawn to scale showing the nature,
location, 'dimensions, and elevations of the area in question, existing or proposed
structures, earthen fill, storage of materials or equipment, drainage facilities, and the
location of the foregoing. Specifically, the following information is required:
(3) Application stage.
a. Elevation in relation to mean sea level of the proposed lowest floor
(including basement) of all buildings;
b. Elevation in relation to mean sea level to which any nonresidential
building will be flood proofed;
C. Certificate from a registered professional engineer or architect that
the nonresidential floodproofed building will meet the floodproofing'
criteria in section 10A- 49(2), of this article;
d. Description of the extent to which any watercourse will be altered or
relocated as the result of proposed development.
e. Survey by a profession surveyor and/or mapper to locate lowest
elevation point, and spot elevations;
f. Certified geotechnical company percolation testing to find out how
fast the water drainage through soil to determine drainage system,
such as, exfiltration trench system;
g_ Detailed plans documenting the existing stormwater drainage
condition of the site the adjoining properties, and rights -of way,
h. Detailed plans documenting the scope of work in order to ensure
proper drainage of the site and documenting compliance with section
20- 4.7(C)(4);
i. A 125 percent of estimated cost performance bond for public right -
of -way improvements;
1 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.
k. Submittal of all plans and permit documents to the City of South
Miami's "site review committee" which committee shall consist of
Additions shown by underlining and deletions shown by eve-' g
Pg. 3 of Ord. No. 02 -07 -1903
representatives of the city's building zoning, and public works
departments in order to obtain review and sign off as to proposed
development permits.
(4) Construction stage.
a. Provide a floor elevation or floodproofing certification after, the
lowest floor is completed. Upon placement of the lowest floor, or
floodproofing by whatever construction means, it shall be the duty of
the permit holder to submit to the building official a certification of
elevation of the lowest floor, floodproofed elevation as built, in
relation to 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 certified by same. Any work undertaken prior to
submission of the certification shall be at the permit holder's risk.
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 survey or
failure to make said corrections required hereby, shall be -cause to
issue a stop work order for the project, and refusal to issue a
certificate of use or occupancy.
b. Provide certification by a professional engineer, prior to completion
of construction that development and site comply with the
requirements of 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 survey. or failure to make said corrections required herein
or pursuant to section 20- 4.7(C)(4) of the City's land development
code shall be cause to issue a stop work order for the project, and
refusal to issue a certificate of use or occupancy.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Additions shown by underlining and deletions shown by eve -gig:
Pg. 4 of Ord. No. 02 -07 -1903
Section 4. This ordinance shall be codified, and included in the Code of
Ordinances.
Section S. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this - 13"tlay of Z 2007.
ATTEST: APPROVED:
f
CITY CLERK v MAYOR 1
READ AND OVED AS TO ORM:
Luis . igueredo,
agin Gallop Figueredo, P.A.
Office of City Attorney
e
l 5t Reading — 12 /�13 / 0 6
2nd Reading — 1/23/07
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown by ever-
4 -0
Yea
>Yea
Yea
absent
Yea