HomeMy WebLinkAboutO-14039City of Miami
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Legislation
Ordinance: 14039
File Number: 10622
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/9/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"FLOOD DAMAGE PREVENTION", TO UPDATE THE LANGUAGE TO MATCH
THE CURRENT REQUIREMENTS OF FEDERAL, STATE OF FLORIDA, AND
MIAMI-DADE COUNTY LAWS; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes,
Commissioner Christine King
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida
Statutes, conferred upon local governments the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its residents; and
WHEREAS, the Florida Department of Emergency Management, State Floodplain
Management Office reviewed Chapter 20 of the Code of the City of Miami, Florida, as
amended ("City Code"), titled "Flood Damage Prevention", and identified necessary
clarifications and corrections to satisfy the requirements of the National Flood Insurance
Program ("NFIP") and achieve consistency with the Florida Building Code; and
WHEREAS, the City of Miami ("City") participates in the NFIP's Community Rating
System ("System"), a voluntary incentive program that recognizes and encourages
community floodplain management activities that exceed the minimum program
requirements; and
WHEREAS, in 2020, the NFIP's System established certain minimum prerequisites
for communities to qualify for or maintain class ratings of Class 8 or better; and
WHEREAS, to satisfy the prerequisite and maintain the current rating of Class 7,
all manufactured homes installed or replaced in special flood hazard areas must be
elevated such that the lowest floors are at or above at least the base flood elevation plus
one foot (1'), which necessitates modification of the existing requirements; and
WHEREAS, the Federal Emergency Management Agency (TEMA") released FEMA
Policy #104-008-03 Floodplain Management Requirements for Agricultural Structures and
Accessory Structures ("Policy"); and
WHEREAS, the City has determined it is appropriate to adopt regulations that are
consistent with the FEMA Policy to allow issuance of permits for at -grade wet floodproofed
Accessory Structures that are not larger than the sizes specified in the FEMA Policy; and
WHEREAS, the City Commission has determined it is appropriate and in the best
interest of the community to adopt the identified amendments as stated herein;
City of Miami Page 1 of 21 File ID: 10622 (Revision:) Printed On: 11312022
File ID: 10622 Enactment Number: 14039
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 20 of the City Code is amended in the following particulars:'
"CHAPTER 20
FLOOD DAMAGE PREVENTION
Sec. 20-1. - Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Accessory use or structure. A use or structure customarily incidental and subordinate to the
principal use or structure and, unless otherwise specifically provided, located on the same
premises. "On the same premises" shall be construed as meaning on the same lot or on a
contiguous lot in the same ownership. Where a building is attached to the principal building, it
shall be considered part thereof, and not an accessory structure.
Addition 4G an 9vi tin, qugeIin, 1 4n" walled rnnfed expaRSinn +n the PeFimo+or of
perimeter IfYadbeaFiRg ,A,;rl16 is no,e, extension or increase in floor area, number
of stories, or height of a Building or Structure.
Area of shallow flooding. A designated AO, AH or VO zone on the flood insurance rate map
(FIRM) for the City of Miami, Florida, with a one -percent 1( %) or greater annual chance of
flooding to an average depth of one Lato three feet f2lwhere a clearly defined channel does
not exist, where the path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard. The land in the floodplain within the county subject to a one -
percent 1( %) or greater chance of flooding in any given year. The area may be designated as
zone A on the flood hazard boundary map (FHBM).
Base flood Elevation (BFE). The flood having a one -percent chance of being equaled or
exceeded in a given year. The elevation of surface water resulting from a Flood that has a one
percent (1 %) chance of equaling or exceeding that level in any given year. The BFE is shown
on the Flood Insurance Rate Map (FIRM) for zones AE, AH, Al—A30, AR, AR/A, AR/AE,
AR/Al — A30, AR/AH, AR/AO, V1—V30, and VE.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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File ID: 10622 Enactment Number: 14039
Basement. That portion of a building having its floor subgrade (below ground level) on all
sides.
Breakaway wall. 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 the supporting foundation
system er aRY ether hi 101GIORg to Whinh they might he harried by fleedwaterc
Building. Any structure built for support, shelter, or enclosure for any occupancy or storage.
Building site. The ground area of a property occupied by buildings and other enclosed
structures.
Coastal high hazard area. The area 6611ieGt to high „eIGGity n44te46 n�i cerJ by 19 1t net
%30, `VF—= er V. within the Area of Special Flood Hazard extending from offshore to the inland
limit of a primary dune along an open coast and any other area that is subject to high -velocity
wave action from storms or seismic sources and shown on a Flood Insurance Rate Map (FIRM)
or other Flood hazard maD as velocity Zone V. VO. VE. or V1-30.
Crown of road (centerline). A line running parallel with the highway right-of-way which is
half the distance between the extreme edges of the official right-of-way width as shown on a
map approved by the department of resilience and public works.
13 13 -3 0 it r3 and 13 F of the -PHbiF FeF Miami iami Dade CGi iRt i ��m as e may be
arneRded frem time to time
Development. Any manmade 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 permanent storage of materials or equipment.
Elevated building. A non -basement building built to have the lowest floor elevated above
the ground level by means of fill, solid foundation, perimeter walls, pilings, columns (posts and
piers), shear walls, or breakaway walls.
Existing construction. Any structure for which the "start of construction" commenced before
W" e 18, 1 September 29, 1972.
Ii lRe 18,
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Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) ,
h� irrirramcaTLQ1; The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface water from any source.
(3)Ti erfl, Est earnsFlVeFS, GF GtheF inl Ater.
Flood Damage -Resistant Materials. Any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that requires more
than cosmetic reaair.
Flood hazard ,bsupdar area. A.A area within ;;n nffinial mars of the nnmmi Rity icci led by
flnnrd h;;;z;;rd h,,,o hour, dLQfMALQd �� ;znno o. The greater of the following two (2) areas:
The area within a flood plain subject to a one -percent (1 %) or greater chance
of Flooding in any year or
(2) The area designated as a Flood Hazard Area on a community's flood hazard map or
otherwise legally designated.
Flood insurance rate map (FIRM). An official map of a community on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
Flood insurance study. AR oxamiRatieR eyal atieR and d etei:rnirlatierl of fleed hazaFdc
p Feyided by the Federal ErneFgeRGY nArir,rir emerlt ngeRG„ The official report provided by the
Federal Emergency Management Agency containing the Flood Insurance Rate Map (FIRM), the
Flood Boundary and Floodwav MaD (FBFM). the water surface elevation of the base flood. and
supporting technical data
Floodproofing. Structural and nonstructural additions, changes, or adjustments (other than
elevating) to nonresidential structures, and utilities which reduce or eliminate flood damage to
water supply and sanitary sewage facilities, structures and contents of buildings. FleedpFeefing
eleGtFiGal and utility r,,ems „nly. Floodproofing includes, by way of illustration, and not limitation,
the following measures:
(1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors, bulkheads, and shutters, or similar methods of
construction to protect against winds, wave action, or floodwaters.
(3) Reinforcement of walls to resist water pressures.
(4) Use of paints, membranes, or mortars to reduce seepage of water through walls.
(5) Addition of mass or weight to structures to resist flotation.
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(6) Installation of sump pumps to lower water levels in structures.
(7) Construction of water supply and wastewater treatment and disposal systems to
prevent the entrance or infiltration of floodwaters.
(8) Pumping facilities or comparable practices for subsurface drainage systems for
buildings to relieve external foundation wall and basement flood pressures.
(9) Construction to resist rupture or collapse caused by water pressure or flooding debris.
(10) Installation of valves or controls of sanitary and storm drains which will permit the drain
to be closed to prevent backup of sewage and stormwaters into the buildings or
structures. Gravity draining of basements may be eliminated by mechanical devices.
(11) Location of all electrical equipment, circuits and installed electrical appliances in a
manner which will assure they are not subject to flooding and to provide protection
from inundation by the regulatory flood.
(12) Location of all main electrical and mechanical equipment, any structures, storage
facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic
materials which could be hazardous to the public health, safety, and welfare in a
manner which will assure that the facilities are situated at ele„a+ienc ahe„e +he hei
rocs il+ in +he ecnane of +evil+ wla+eri;lc in+n to or above the base flood
elevation, plus none foot Mof freeboard
deer Pet innli irJe the fleer of a garage i iced celely fer narking Vehinlec
Freeboard. An additional amount of height above the Base Flood Elevation used as a factor
of safety in determining the level at which a Structure's Lowest Floor must be elevated or
floodproofed.
Functionally dependent facility. A facility which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water_, &h-aTThe term only includes a
docking or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, or ship repair, er ceafeed preneccing fanili+iec The term does not include long-term
storage, manufacture, sales, or service facilities.
Highest adjacent grade. The highest finished grade elevation of the ground surface next to
the proposed walls of a structure. For purposes of the National Flood Insurance Program (NFIP)
this term shall mean the highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Historic structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of the 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 historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district.
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(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been 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:
a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area 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 requirements of this Chapter.
Mangrove stand. An assemblage of mangrove trees which are mostly low trees noted for a
copious development of interlacing adventitious roots above the ground and which contain one
or more of the following species: black mangrove (Avicennia germinans); red mangrove
(Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus
erectus).
Manufactured home. A structure, 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 "manufactured home" does not include a
"recreational vehicle." HeweveF, paFk tFariers, travel trailers ��sTrnil.ar tFanspeFtab;e�t;���,��
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market Value. The value of Buildings and Structures, excluding the land and other
improvements on the parcel. Market Value is the actual cash value (like -kind replacement cost
depreciated for age, wear and tear, neglect, and quality of construction) determined by a
qualified independent appraiser or tax assessment value adjusted to approximate Market Value
by a factor provided by the Miami -Dade County Property Appraiser.
Miami -Dade County Flood Criteria Maps. The official maps of Miami -Dade County showing
the required Minimum Finished Grade elevation of the ground surface within a Development site
as adopted by the Board of County Commissioners and recorded in plat book 120 at pages 13-
1, 13-2, 13-3, 13-4, and 13-5 of the public records of Miami -Dade County, as amended from
time to time.
Minimum finished grade. The elevations established in the Miami -Dade County flood criteria
maps at a specific development site or the crown of an existing adjacent road, whichever is
higher.
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File ID: 10622 Enactment Number: 14039
NA VD 88: The North American Vertical Datum of 1988 is the vertical control datum
established in 1991 by the minimum -constraint adjustment of the Canadian -Mexican -United
States leveling observations which was affirmed in 1993 as the official vertical datum in the
National Spatial Reference System ("NSRS") for the Conterminous United States and Alaska.
New construction. Any structure for which the "start of new construction" commenced on or
after j6l;e 18, 197-4 September 29, 1972.
Nonspecia/ Flood Hazard Area (NSFHA). Area that is in a moderate -to -low risk flood zone
(Zones B, C, X). A NSFHA is not in any immediate danger from Flooding caused by overflowing
rivers or hard rains.
Recreational vehicle. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light -duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Residential or residence. Any lot, plot, parcel, tract, area, piece of land or building used
exclusively for family dwelling purposes or intended to be so used.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of
the beach.
Start of new construction. (FeF ether +haR ReW GeRG+r, ,GtieFI „r s bstaR+„l
IdeF the Seasfal-fir+eF ResewFGes AGt (PL 97 348).) The date the b ildiRg pe FF it was issued
1days of the b ildiRg permit date —of permit issuance for New Construction and Substantial
Improvements to existing Structures, provided the actual Start of Construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement commences within 180
days after the date of issuance. The actual Start of Construction means the first placement of
permanent construction of a building (including a manufactured home) on a site, such as the
pouring of a slab or footings, installation of pilings, or construction of columns. Permanent
construction does not include land preparation (such as clearing, excavation, grading, or filling);
the installation of streets or walkways; excavation for a basement, footings, piers, or
foundations; or the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main building. For
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a Substantial Improvement, the actual Start of Construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
Structure. A walled and roofed building that is principally aboveground, a manufactured
home, a gas or liquid storage tank, or other manmade facilities or infrastructures.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement. Any combination of repair, reconstruction, rehabilitation,
alteration, addition or other improvement of a building or structure, the cumulative cost of
which equals or exceeds, over a two-year period, a A 50 percent of the market
value of the structure before the improvement or repair is started. However, the accumulation
period for a substantial improvement within araeastal b6lildiRg-Zeno, as defiRed inF.S. §
161.54(12' a Coastal High Hazard Area; shall be five years. The market „also of the
star A the
" . If the
Structure has sustained Substantial Damage, any repairs are considered Substantial
Improvement regardless of the actual repair work performed. The term does not, however,
include either:
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions; or
(2) Any alteration of a "historic structure," isted OR the Nati„rai RegisteF of HiStGFiG Races
eF suite iRyeRtOFY of hiGteFin plaGes provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Variance. A grant of relief from the requirements of this chapter which permits construction
in a manner otherwise prohibited by this chapter where specific enforcement would result in
unnecessary hardship.
Sec. 20-2. - Intent of chapter.
The areas of the City of Miami, Florida, are subject to flooding resulting in danger to life,
loss of 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,
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Enactment Number: 14039
all of which adversely affect the public health, safety and general welfare. Congress established
the National Flood Insurance Program with the passage of the National Flood Insurance Act of
1968. The National Flood Insurance Program is a federal program enabling property owners to
purchase insurance protection against losses from flooding. This chapter is adopted to ensure
that the residents of the City of Miami qualify for the sale of federally assisted flood insurance
under the National Flood Insurance Program and to comply with federally imposed requirements
for participation in said program. The purposes of this Ordinance and the flood load and flood
resistant construction requirements of the Florida Building Code are to establish minimum
requirements to safeguard the public health, safety, and general welfare and to minimize public
and private losses due to Flooding through regulation of Development in Flood Hazard Areas to:
Minimize unnecessary disruption of commerce, access, and public service during times
of Flooding;
Require the use of appropriate construction practices in order to prevent or minimize
future Flood damage;
Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other Development which may increase Flood damage or
erosion potential;
Manage the alteration of Flood Hazard Areas, watercourses, and shorelines to minimize
the impact of Development on the natural and beneficial functions of the floodplain;
Minimize damage to public and private facilities and utilities;
Help maintain a stable tax base by providing for the sound use and Development of
Flood Hazard Areas;
Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from Flood events; and
Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Sec. 20-3. - Development in special flood hazard areas and nonspecial flood hazard areas.
For all development within special flood hazard areas and nonspecial flood hazard areas,
the building official or his/her designee shall:
(1) Require permits for all proposed construction, development or other improvements
within said areas; and
(2) Review permit applications for construction, development or other improvements within
sandy areas to determine that the proposed activities: use ^^F1GtF ti„r materials and
utility eq� ipment iGh ar�ita Rt to flGed damage; and
a. Use Flood Damage -Resistant Materials and have utility equipment which are
resistant to Flood damage; and
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Enactment Number: 14039
b. Have drainage calculation that demonstrate retention of rainwater within
surrounding property lines. For Residential uses, the drainage calculation must be
based on 100-year storm, 8 hour time of concentration, per design standards WC
1.1 (Rainfall Intensities) from the Miami -Dade County Public Works Manual. For
uses other than Residential, the drainage calculation must be based on 100-year
storm, 1-hour time of concentration.
(3) Review permit applications for new construction or substantial improvements within
said areas to assure that the proposed construction:
a. Is protected against flood damage;
b. Is designed (or modified) and anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
c. Uses Flood Damage -Resistant Materials and has utility equipment
which are resistant to flood damage, and also uses construction methods and
practices which will minimize flood damage; a -Rd
d. Provides in the plans part of the permit application the appropriate floodplain
information including Miami -Dade County flood criteria, crown of road information,
4adear@;l fleed- ze.pe flood hazard area and base flood elevation-;.
e. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities are designed and/or located to prevent water entry or
accumulation -.Land
Where Basements are permitted, the Basement shall be usable solely for stl
parking, or access and shall not contain either main electrical or mechanical
equipment.
(4) Review subdivision proposals and other proposed new developments to assure that:
a. All such proposals minimize flood damage;
b. All public utilities and facilities, such as sewer, gas, electrical, and water systems
are constructed to minimize or eliminate flood damage-,-4pA.
(5) Require new and replacement water supply systems and treatment plants and sanitary
sewage plants and systems to be designed to minimize or eliminate infiltration of
floodwaters into the systems and plants, minimize discharges from sanitary systems
into floodwaters, and require on -site wastewater disposal systems to be located so as
to avoid impairment of them or contamination from them during flooding.
(6) Require a lowest floor elevation certificate or floodproofing certification, after the lowest
floor is completed, and the as -built before final inspection, or in instances where the
structure is subject to the regulations applicable to coastal high hazard areas, after
placement of the horizontal structural members of the lowest floor. Upon placement of
the lowest floor, or floodproofing by whatever construction means, or upon placement
of the horizontal structural members of the lowest floor, whichever is applicable, it shall
be the duty of the permit holder to submit to the city a certification of the lowest floor,
floodproofed elevation, or the elevation of the lowest P^r+;^r of the horizontal structural
members of the lowest floor, whichever is applicable, as built, OR rolatieR to FneaR sea
met and as measured in reference to NAVD 88. Said certification shall be prepared by
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File ID: 10622
Enactment Number: 14039
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 city 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.
(7) Require that all new subdivision proposals and other proposed developments include
within such proposals base flood elevation data according to the City of Miami's flood
insurance rate map (FIRM) information, and existing grade and crown of adjacent road
elevation information according to Miami -Dade County flood criteria information.
(8) Obtain, review and utilize any base flood elevation and floodway data available from
federal, state, or other sources when Base Flood Elevation data are not shown on the
FIRM.
(9) Review proposed development to assure that all necessary permits have been
received from those governmental agencies from which approval is required by federal
or state law, including section 404 of the Federal Water Pollution Control Act
amendments of 1972, 404 USC 1334.
(10) In coastal high hazard areas, review plans for adequacy of breakaway walls in
accordance with section 20-5(e), (f) and (g) herein.
(11) For the purpose of this section, "base elevation" shall be defined as the elevation
established by the Miami -Dade County flood criteria map, or the elevation of the crown
of road or street abutting such building site, whichever is higher. In cases where the
base elevation fronting the land vary greater than one foot along the frontage of the
Iot(s), then an alternative engineered solution for flood protection may be presented to
the building official or his/her designee in consultation with the director of resilience and
public works.
a. Unless otherwise required by Sections 20-4 or 20-5, for uses other than
residential requiring a floor, the floor elevation shall be a minimum of four inches
above the base elevation. For all residential use, the floor elevation shall be a
minimum of eight inches above the base elevation.
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cab. The provisions of this subsection shall not apply to off-street parking facilities
constructed underground and other similar types of below grade areas within a
building which are not lowest floor and contain neither electrical nor mechanical
equipment. All such facilities constructed below grade shall be designed and
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constructed and contain essential equipment, if necessary, to prevent infiltration
and accumulation of water or to provide for immediate and continuous elimination
of water. A Florida -registered engineer or architect shall submit data and a
floodproofing certificate to assure that the design complies with all guidelines of
section 20-5(b) herein.
dc. If in the review of a permit application it is determined that in the application of the
provisions of subsection (11) of this section the building applicant would be
required to provide flood protection in excess of the requirements of this chapter,
then it shall be the responsibility and authority of the building official or his/her
designee to review such plans and may grant a waiver of the requirements of
subsection (11) of this section to provide flood protection which is no less than the
flood protection required by this chapter based upon good engineering practice.
Said decision shall be subject to appeal in accordance with section 20-120i) of this
chapter.
(12) Maintain, for public inspection, in the planning, building and zoning office all records
pertaining to the provisions of this chapter.
(13) Notify adjacent communities and the depaFtMeRt of ,.,,mmupit y affairs Florida Division
of Emergency Management prior to the alteration or relocation of a waterway.
(14) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood -carrying capacity is not diminished.
Sec. 20-4. - Development within special flood hazard areas.
(a) No new construction or substantial improvement of any residential structure e+
mini ifs` t, iron hnmo shall be permitted in special flood hazard areas, and no permit referred
to in section 20-3 of this chapter shall be issued therefor, unless said new construction or
substantial improvement has the lowest floor (including basement) elevated to or above the
level of the base flood (100-year flood) plus one foot (1') of Freeboard. EleGtFi` al p1 imhiRg
anr7 ethor at.t.e.p.dant. i it.ilit.ioc are prehihit.orl holey.g the haQo fleed olovrot.inn
(b) No new construction or substantial improvement of any nonresidential structure shall be
permitted in special flood hazard areas, and no building permit referred to in section 20-3 of
this chapter shall be issued therefor, unless said new construction or substantial
improvement has the lowest floor (including basement) elevated to or above the level of the
base flood (100-year flood) plus one foot (1') of Freeboard ,or if the lowest permitted floor
level of such nonresidential structure (including basement) is below the base flood level
then such nonresidential structure together with attendant utility and sanitary facilities shall
be designed with Floodproofin.1 fteedpFeefed up to one foot Mabove the level of the base
flood; provided that the lowest floo4dr level of such nonresidential structure (including
basement) shall be r„t m„ro th,,, t.or, foot. bele w the base fleed levet. Where floodproofing
is utilized for a particular structure, a registered professional engineer or architect shall
certify that the floodproofing methods are adequate to withstand the flood depth, pressures,
velocities, impact and uplift forces associated with the base flood, and a record of such
certificates indicating the specific elevation (OR relati^r to mo,r sea level and as measured
in reference to NAVD 88) to which such structure is floodproofed shall be maintained with
the building official or his/her designee.
(c)
equi. iromeRtS fGr ReW GeRMri GtiGR ORGli IdiRg eleyatiGr, aR d aNnh9FiF1 y All electrical, heating,
City of Miami Page 12 of 21 File ID: 10622 (Revision:) Printed on: 11312022
File ID: 10622
Enactment Number: 14039
air conditioning equipment, ventilation, plumbing, and other service facilities, including duct
work, shall be elevated to or above the Base Flood Elevation plus one foot (1').
(d) All manufactured homes placed, replaced, or substantially improved ovic+inn
mini,f;;,++i,red home nark nr shall be elevated so that:
(1) The leer bottom of the manufactured home is elevated nn In,^,or +h.An +ho to„ol
of to or above the base flood elevation plus one foot (1') of Freeboard; of
(2) The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least an equivalent strength, of nn loco th@n `zF innhoc in hoigh4 �hn"o
fie; and
(3) The manufactured home shall be securely anchored to the adequately anchored
foundation system to resist flotation, collapse and lateral movement��.
(e) All recreational vehicles placed on sites shall meet the requirements of section 20-5(k)
herein.
(f) Elevated buildings. New construction and of substantial improvements of olo„;;+o,_ h6lildingc
that include fully enclosed areas formed by foundations and other exterior walls below tease
chnll ho rlocigRed in nronll irlo finished living snare eXGept alleWablo i 1ses
+� the Lowest Floor shall have the enclosed areas designed only for parking, limited
storage, and building access and shall ho designed the walls shall have openings to allow
for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces +4 on
exterior walls. Designs for complying with *this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria:
(1) Provide a minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one -foot above grade;
(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; and
c-rcvarivrr,
(54) Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in connection
with the premises (standard exterior door) or entry to the living area (stairway or
elevator) -a .
sepaFate Fee me eF air ngNGlitiGFIed
City of Miami Page 13 of 21 File ID: 10622 (Revision:) Printed on: 11312022
File ID: 10622 Enactment Number: 14039
aRY increase in flnnr-! 1914elc d irinn nnni irronno of Oho hPco fIGGGI dicnharno
con4inn of 4hic nhapter.
r�rniided the annhnrinn ci ihcon4innc (n) and (GI) arld the talo4a4inn
oono mor-o
Sec. 20-5. - Development within coastal high hazard areas.
(a) Existing uses located on land in a coastal high hazard area which is below the elevation of
the base flood shall not be expanded and no building permit referred to in section 20-3 of
this chapter may be issued therefor unless the provisions of subsection (b) hereof are
complied with.
(b) No new construction or substantial improvement shall be undertaken, and no permit
referred to in section 20-3 of this chapter may be issued therefor upon any lands within
coastal high hazard areas which are below the level of the base flood unless said new
construction or substantial improvement:
(1) Is located landward of the reach of the mean high tide;
(2) Is securely anchored on pilings or columns and elevated so that the bottom of the
lowest horizontal supporting member (excluding pilings or columns) is
#4aa elevated to or above the base flood elevation level plus one foot (1') of Freeboard,
with all space below the lowest supporting member open so as not to impede the flow
of water; and
(3) All pile and column foundations and structures attached thereto shall be anchored to
resist flotation, collapse and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components.
(c) There shall be no fill used as structural support. Noncompacted fill may be used around the
perimeter of a building for landscaping or aesthetic purposes provided the fill will wash out
from storm surge (thereby rendering the building free of obstruction) prior to generating
excessive loading forces, ramping effects, or wave deflection. The building official or his/her
designee shall approve design plans for landscaping or aesthetic fill only after the applicant
has provided an analysis by an engineer, architect, or soil scientist, which demonstrates
that the following factors have been fully considered:
(1) Particle composition of fill material does not have a tendency toward excessive natural
compaction;
(2) Volume and distribution of fill will not cause wave deflection to adjacent properties; and
(3) Slope of fill will not cause wave runup or ramping.
(d) No manmade alteration of sand dunes or mangrove stands which will increase potential
flood damage shall be permitted.
(e) Latticework, mesh screening, or decorative screening shall be allowed below the base fleed
eIn Lowest Floor provided it is not part of the structural support of the building and is
designed to break away under abnormally high tides or wave action without damage to the
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Enactment Number: 14039
structural integrity of the building on which it is to be used and provided the following design
specification is met:
on fte I sh'I�„I-^rUeRsist efIatt+Ge, moth SGFeeRiRg „r GG_.A,.ro+o I ier-k For the purposes of this
section, a non -load bearing wall is a breakaway wall and shall have a design safe loading
resistance of not less than ten and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading resistance of 20 pounds per square
foot (either by design or when so required by local or state codes) may be permitted only if
a registered professional engineer or architect certifies that the designs proposed meet the
following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
(2) The elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind
and water loads acting simultaneously on all building components (structural and
nonstructural). Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable state or local
building standards.
(f) If aesthetic lattice -work screening, mesh screening, decorative screening, or concrete block
is utilized, such enclosed space shall not be designed for human habitation (br ay
walls), but shall be designed to be used only for parking of vehicles, building access, or
limited storage of maintenance equipment used in connection with the premises. �rUea_q
Oil 'AwLQ1
inci lFaRGe r FelTll imcy.4111 rocs il4
(g) Prior to construction, plans for any structures that will have latticework or decorative
screening or breakaway walls shall be submitted to the building official or his/her designee
for approval.
(h) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
space below the lowest floor except with latticework, decorative screening, or concrete in
accordance with the definition of breakaway walls.
(i) A registered professional engineer or architect shall certify that the design, specifications
and plans for construction are in compliance with the provisions contained in this section
2-& 4.
(j) No manufactured homes, except in existing manufactured home parks and subdivisions
and provided all anchoring and elevation standards of subsections (b)(2) and (i) herein are
met, shall be placed within this zone.
(k) All recreational vehicles placed within this area must either:
(1) Be fully licensed and ready for highway use;
(2) The recreational vehicle shall meet all the requirements for new construction, including
anchoring and elevation requirements of s bseGtOGRS (b)(2) of this +i.,r, and tier,
20 4Chapter; or
(3) Be on the site for fewer than 180 consecutive days. 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
structures.
City of Miami Page 15 of 21 File ID: 10622 (Revision:) Printed on: 11312022
File ID: 10622 Enactment Number: 14039
Sec. 20-6. — Accessory buildi►g-s-Structures.
Accessory Structures are permitted below the Base Flood Elevation provided the Accessory
Structures are used only for parking or storage and:
(1) If located in Areas of Special Flood Hazard (Zone A/AE) other than Coastal High
Hazard Areas, are one-story and not larger than 600 sq. ft. and have flood openings in
accordance with Section R322.2 of the Florida Building Code, Residential;
(2) If located in Coastal High Hazard Areas (Zone V/VE), are not located below Elevated
Buildings and are not larger than 100 sq. ft.;
(3) Are anchored to resist flotation, collapse, or lateral movement resulting from flood
loads;
(4) Have Flood Damage -Resistant Materials used below the Base Flood Elevation plus
one foot (1'); and
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures,
elevated to or above the Base Flood Elevation plus one foot (11
Sec. 20-7. - Basis for establishing areas of special flood hazard.
(a4 The areas of special flood hazard identified by the Federal Emergency Management
Agency in its flood insurance study, dated "ember ^—r1997, for Miami -Dade County,
Florida, and incorporated areas dated September 11, 2009, with accompanying Flood
Insurance Rate maps and other supporting data, and any amendment and revision thereto,
are adopted by reference and declared to be part of this chapter. The study and maps shall
be kept on file, available to the public, in the office of the building official.
,
G#iGes of the b ildiRg E)#inial
Sec. 20-8. - Enforcement.
The building official or his/her designee shall administer and enforce the provisions of this
chapter within the corporate limits of the City of Miami, Florida and as provided for in Section
20-14.
Sec. 20-9. - Rules for interpreting area boundaries.
The boundaries of the flood hazard areas shown on the official flood insurance rate maps
may be determined by scaling distances. Required interpretations of those maps for precise
locations of said boundaries shall be made by the building official. Said interpretations shall be
subject to review in accordance with the provisions of section 20-120i) of this chapter.
Sec. 20-10. - Effect of provisions on ordinances, building code, other regulations.
This chapter shall supersede any conflicting city ordinance, building code, or any other
regulation to the extent that this chapter imposes more stringent requirements for the use or
development of any lands or structures within SFH „r GHH areas -of Special Flood Hazard. It is
City of Miami Page 16 of 21 File ID: 10622 (Revision:) Printed on: 11312022
File ID: 10622
Enactment Number: 14039
not intended to repeal, modify, or change any ordinance, building code or other regulation
except as herein stated.
Sec. 20-11. Interpretation.
The provisions of this chapter shall be liberally construed in favor of the city in order to
effectuate the purposes herein stated.
Sec. 20-12. Variances and Appeals.
(a) Authority of the building official ^r hic/hor deSigRee The building official ^r hic/hor dirr o0
shall have the authority and duty to consider and act upon applications for a variance from
these regulations for properties located within the corporate limits of the City of Miami,
Florida. The building official ^r hic/hor d96igRee is hereby advised that in granting any
variances hereunder, said official shall consider the purposes of the National Flood
Insurance Program as specified in 44 CFR 60 et seq. Furthermore, the building official er
hic/hor d-osinl;-9 shall consider the fact that an annual report on variances granted shall be
submitted to the National Flood Insurance Administration, which report is the basis for
continued availability of flood insurance to the inhabitants of the City of Miami, and
therefore variances shall be granted with extreme caution.
(b) The building official ^r hic/hor dosigRee may grant variances from the terms of this chapter
as will not be contrary to the public interest, where owing to special conditions, a literal
enforcement of the provisions hereof will result in exceptional hardship, and so the spirit of
the regulations shall be observed and substantial justice done; provided, that the variance
will be in harmony with the general purpose and intent of this chapter and that the same is
the minimum variance that will permit the reasonable use of the premises. Upon receipt of
all necessary information including a staff report, the building official nr hic/hor rlocirrr o0
shall review the information and render his/her decision, either approving, modifying or
denying the request. The decision and supporting documentation shall be reviewed by the
Director of the Building Department who shall document concurrence as part of the record.
A copy of said decision shall be published in a newspaper of general circulation. All
approvals or modifications shall not be effective until ten (10) days after the building
official's eF his/hei: desigRee's decision is published in a newspaper of general circulation. A
courtesy notice containing the decision of the Building official ^r his/her desigRee may be
mailed to adjacent and abutting property owners of record, their tenants, or their agents,
that are duly noted on the application. The failure to mail or receive such courtesy notice
shall not affect any action or proceedings taken hereunder.
(c) Variances may be issued by the building official er his/her deSigRee for the reconstruction,
rehabilitation or restoration of structures listed on the National Register of Historic Places or
the state inventory of historic places without regard to the procedures set forth in the
remainder of this section, except for subsection (gf)(1) herein, provided the proposed
reconstruction, rehabilitation, or restoration will not result in the structure losing its historical
designation.
(d) In passing upon all such applications except those pursuant to subsection (c) herein, the
building official r^r his/her deSigRee shall consider all technical evaluations, all relevant
factors, all standards specified in other sections of this chapter, and:
(1) The danger that material may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
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Enactment Number: 14039
(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 of the facility to be located on the waterfront;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(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 transport of the
floodwaters 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.
(e) Upon consideration of the factors listed above, and the purposes of this chapter, the
building official „r hic/hor d96igReG may attach such conditions, limitations, and restrictions
to any variance as the building official ^r hic/hor d-96igRee deems necessary to further the
purposes of this chapter.
(gf) Criteria for variances:
(1) Variances shall only be granted upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief; and in the instance of a
historical building, a determination that the variance is the minimum necessary in order
not to destroy the historic character and design of the building.
(2) Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship,
and (iii) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(#q) Any applicant to whom a variance is granted shall be given written notice specifying (i) that
the issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as big as $25.00 for $100.00 of
insurance coverage and (ii) such construction below the base flood level increases risks to
life and property.
(+h) The building official ^r his/her designee shall maintain the records of all variance actions,
including justification for their issuance, and report such variances to the Federal
Emergency Management Agency.
Gi) Review and appeal. Any person aggrieved by any decision of the building officiahis/her
des+gRee may appeal to a review committee which shall be comprised of the directors of
resilience and public works, Building, Planning, Zoning and the city
manager or his//n"cT their designees and the diron+E)r „f the rlepaF+r eRt of Y la FIFIiR Y b iIdiFIg
City of Miami Page 18 of 21 File ID: 10622 (Revision:) Printed on: 11312022
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Enactment Number: 14039
anal Znninrr by filingwithin 15 days after the date of the decision complained of, a written
notice of appeal which shall set forth concisely the decision appealed from and the reasons
or grounds for appeal. The chill so+ ^h Building Director is required to
schedule the appeal for hearing at the earliest possible date, and cause notice thereof to be
served upon the appellant and the building official. The City Manager or his/her designee
will chair the meeting. The appellant shall have the right to present his/her position to the
review committee which shall hear and consider all facts material to the appeal. The review
committee, acting by majority vote, and pursuant to the criteria set forth in subsection (,gf),
shall either affirm the building official's refusal to grant a variance or reverse the refusal and
grant the variance. The decision of the review committee, which shall be rendered within 15
days after conclusion of the hearing, shall constitute final administrative review. Any person
aggrieved by any decision of the review committee on an appeal shall be entitled to judicial
review in accordance with the Florida Rules of Appellate Procedure.
Sec. 20-13. - Warning and disclaimer of liability.
The degree of flood protection required herein is considered reasonable for regulatory
purposes and is based on scientific studies. Larger floods may occur. This chapter shall not be
deemed to imply that the areas inside or outside designated flood hazard areas will be entirely
free from flooding or flood damages, and shall not create liability on the part of the city or any
officer or employee thereof for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
Sec. 20-14. - Penalties for violation.
(a) Violations of the provisions of this chapter or failure to comply with any requirements
hereunder (including violations of conditions, restrictions, or limitations established in
connection with any variances) shall constitute an offense punishable as provided in
section 1-13. Each day such violation continues shall be considered as a separate offense.
(b) Notwithstanding the provisions of subsection (a) above, the building official or his/her
designee may secure enforcement hereof by any legal action necessary, including but not
limited to Chapter 2, Article X of the City Code, ^ems application to any court for
injunctive relief, revocation of any permit issued hereunder or other appropriate means
allowed by law.
Sec. 20-15. - Effo^+iye date Reserved.
The GiGFIG of arm me o^ Gr lard aFy 1 (1 1 993 I--Iew or
Tyre-�6�fi�r C a}�t �C�rrr� cc vas-rwve�Fcr
have beeR submitted fE)F bUildiRg peFFFlits GR eF befeFe the e#eGtive date ef this Ghapt&p,
a. PlaRs FL
N /'i Cpe'Gi1fGa iGFIs as F .quiFeGy7e'G OE)R 302..2, South f d1Ng
u Cede,e� ��R aGtual pFepaFatiGRpFieFte De'F.ei�bec.T-20, 1-942-
h d plaRs aril) cry "h � s bsta i ^Gmr�leted by DeGembeF 31
p . eC�FC-atf6�S-�e�l�auzcarrtFai�� �rrrprcccc�crcccn�ucr-o-r
449-�
GGFnpleted, weFe submitted fGF bUildiRg peFFnits pFieFte I R6 ry 10 1993i aRa
City of Miami Page 19 of 21 File ID: 10622 (Revision:) Printed on: 11312022
File ID: 10622 Enactment Number: 14039
MWITZ �.
lip
Sec. 20-16. - Schedule of fees.
(a) Application for waiver fm r^nW'i' a'pr_o nl^ 1192- 20-3(11)(a):
(1) Residential .....$ 210.00
Each additional structure .....26.25
(2) Commercial ..... 394.00
Each additional structure .....26.25
(b) Application filing fee for variance from Y^'ee-I�iT41�g Sections 20-4 and 20-5:
(1) Single-family residential (per house) .....$ 420.00
(2) Commercial, industrial or other (per building) .....840.00
(c) Appeal to decision of the building official ^Y hic/hor des4moo:
(1) Residential (per house) .....$ 473.00
(2) Commercial (per building) .....840.00
(d) Application fees for variances (after the fact). Application fees for variances (after the fact)
shall be assessed at double the amount indicated above.
Sec. 20-17. - Fill prohibition for areas not covered by structures.
With the exception of any legally permitted building or accessory structure, no other portion
of a lot, as defined by the Miami 21 Code, the zoning ordinance of the City of Miami, Florida, as
amended, that is below the crown of road or Miami -Dade County flood criteria maps, whichever
is lower, may be elevated or filled so as to obliterate the natural contour of the lot. This section
shall not apply to any work necessary to provide reasonable vehicular access to the lot or for
any filling required immediately adjacent and in connection with construction or reconstruction of
a seawall.
Section 3. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
City of Miami Page 20 of 21 File ID: 10622 (Revision:) Printed on: 11312022
File ID: 10622
Enactment Number: 14039
APPROVED AS TO FORM AND CORRECTNESS:
1 "-V41 �� r
_�
ria i dez,'City Attor iey 11/8/2021
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 21 of 21 File ID: 10622 (Revision:) Printed on: 11312022