HomeMy WebLinkAboutO-11029U-92-721
12/2/92
ORDINANCE NO.
11029
AN ORDINANCE RELATING TO FLOOD DAMAGE
PREVENTION, AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, BY ADDING A NEW CHAPTER,
ENTITLED "FLOOD DAMAGE PREVENTION"; PROVIDING
FOR: DEFINITIONS; INTENT AND PURPOSE;
REQUIREMENTS FOR DEVELOPMENT IN SPECIAL FLOOD
HAZARD AREAS, AND NON SPECIAL FLOOD HAZARD
AREAS; PROVIDING FOR ADMINISTRATION,
ENFORCEMENT, VARIANCES, PENALTIES, APPEALS,
AND DISCLAIMER OF LIABILITY; PROVIDING THAT
SHOULD THIS ORDINANCE BE INCONSISTENT OR IN
CONFLICT WITH ANOTHER, THE ORDINANCE IMPOSING
GREATER RESTRICTIONS SHALL PREVAIL; ADOPTING,
BY REFERENCE, THE FLOOD INSURANCE STUDY, THE
FLOOD INSURANCE RATE MAP, AND THE DADE COUNTY
FLOOD CRITERIA MAPS; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 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.
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Addition (to an existing building). 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 new construction.
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 or greater annual chance of
flooding to an average depth of one to three feet where 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 flood plain
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. The flood having a one percent (1%) chance of
being equalled or exceeded in a given year.
Basement. That portion of a building having its floor
subgrade (below ground level) on all sides.
Below grade facilities. Off-street parking facilities
constructed underground and other similar types of below
grade areas within a building which are not habitable areas
and contain neither electrical nor mechanical equipment.
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
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forces without causing damage to the elevated portion of the
building or the supporting foundation system or any other
building to which they might be carried by flood waters.
Buis. 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 subject to high velocity
waters caused by, but not limited to, hurricane wave wash.
The area is designated on the City of Miami FIRM as Zone
VI - 30, VE or V.
Crown of Road (center line). 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 Public Works.
Dade County Flood Criteria Maps. The official maps of 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 Dade County, as the same may be amended
from time to time.
Development. 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 permanent
storage of materials or equipment.
Elevated buildink. A non -basement building built to have
the lowest floor elevated above the ground level by means of
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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 June 18, 1974.
Existing manufactured home park or subdivision. A
manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including at a
minimum the installation of utilities, the construction of
streets, and either final site grading or the pouring of
concrete pads) was completed before June 18, 1974, the
effective date of the floodplain management regulations
adopted by Dade County.
Expansion to an existing manufactured home park or
subdivision. The preparation of additional sites by the
construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Finished grade as applied to development site. The
established final elevation after filling or grading of the
ground surface at a certain point within a development site.
Flood or flooding. A general and temporary condition of
partial or complete inundation of normally dry land areas
from:
(1) abnormally high tidal water or rising coastal waters
resulting from severe storms, hurricanes;
(2) the unusual and rapid accumulation or runoff of surface
water from any source;
(3) the overflow of streams, rivers, or other inland water.
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Flood Hazard Boundary Area. An area within an official map
of the community, issued by the Federal Emergency Management
Agency, where the boundaries of the areas of special flood
hazard have been defined as Zone A.
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. An examination, evaluation and
determination of flood hazards provided by the Federal
Emergency Management Agency.
Flood proofing. 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. Flood
proofing may be permitted in large residential structures
such as condominums provided it is limited to electrical and
utility rooms only. Flood proofing includes, by way of
illustration, 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 flood waters;
(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;
(6) installation of pumps to lower water levels in
structures;
(7) construction of water supply and waste water treatment
and disposal systems to prevent the entrance or
infiltration of flood waters;
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(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 drain which will permit the drain to be closed to
prevent backup of sewage and storm waters into the
buildings or structures. Gravity draining of basements
may be eliminated by mechanical devices;
(11) location of all electrical equipments, circuits and
installed electrical appliances in a manner which will
assure they are not subject to flooding and to provide
protection from inudation by the regulatory flood;
(12) location of any structure, 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 elevations above the height associated with
the regulatory protection elevation or are adequately
floodproofed to prevent flotation of storage
containers, or damage to storage containers which could
result in the escape of toxic materials into flood
waters;
Floodway. 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 one foot.
Floor. 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.
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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, such as a docking
or port facility necessary for the loading and unloading of
cargo or passengers, shipbuilding, ship repair, or seafood
processing facilities. 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:
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; or
b. 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; or
C. 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
d. individually listed on a local inventory of historic
places in communities with historic preservation
programs that have been certified either:
(1) by an approved state program as determined by the
Secretary of the Interior; or
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(2) 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 non -elevation design
requirements of 44 CFR Ch.I Section 60.3.
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 erecta).
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". However, park trailers, travel trailers and
similar transportable structures placed on a site for one
hundred eighty (180) consecutive days or longer shall be
regulated as manufactured homes.
Manufactured home bark or subdivision. A parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
Mean sea level. The average height of the sea for all
stages of the tide. It is used as a reference for
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establishing various elevations within the floodplain. For
purposes of this ordinance, the term is synonymous with
National Geodetic Vertical Datum (NGVD).
Minimum finished grade. The elevations established in the
Dade County Flood Criteria Maps at a specific development
site or the crown of an existing adjacent road, whichever is
higher.
National Geodetic Vertical Datum (NGVD). (As corrected in
1929) A vertical control used as a reference for
establishing varying elevations within the floodplain.
New construction. Any structure for which the "start of new
construction" commenced on or after June 18, 1974.
New manufactured home park or subdivision. A manufactured
home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads)
was completed on or after June 18, 1974.
Physical start. The first placement of permanent
construction of a structure (including a manufactured home)
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 or the placement of a
manufactured home on a foundation. Permanent construction
does not include land preparation such as clearing, grading,
and filling; nor does it include the installation on the
property of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main
structure.
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Recreational vehicle. A vehicle which is:
a. built on a single chassis; and
b. 400 square feet or less when measured at the largest
horizontal projection; and
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.
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
rides or mounds landward of the beach.
Start of new construction. (For other than new construction
or substantial improvements under the Coastal Barrier
Resources Act (P.L. 97-348) The date the building permit
was issued provided that physical start of construction,
repair, reconstruction, or improvement was within one
hundred eighty (180) days of the building permit date.
Structure. A walled and roofed building that is principally
above ground, a manufactured home, a gas or liquid storage
tank, or other man-made 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 fifty percent
(50%) of the market value of the structure before the damage
occurred.
Substantial improvement. Any repair, reconstruction,
rehabilitation, or improvement of a structure, the cost of
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which equals or exceeds, over a two (2) year period, a
cumulative total of fifty percent (50%) of the market value
of the structure. However, the accumulation period for a
substantial improvement within any coastal building zone, as
defined in Section 161.54 (12), Florida Statutes, shall be
five (5) years. The market value of the structure shall be
(1) the assessed value of the structure prior to the start
of the initial repair or improvement, or (2) in the case of
damage, the value of the structure prior to the damage
occurring. In cases where the assessed value of a structure
is questioned by the permit applicant, an adjustment may be
made, however, the burden of proof is upon the applicant who
may submit an independent appraisal by a qualified appraiser
in support thereof.
For purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects
the external dimensions of the structure. This term
includes structures which have incurred "substantial damage"
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", listed on the
National Register of Historic Places or State Inventory
of Historic Placws, provided that the alteration will
not preclude the structure's continued designation as a
"historic structure".
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Substantially improved existing manufactured home parks or
subdivisions. The repair, reconstruction, rehabilitation or
improvement of the streets, utilities and pads equals or
exceeds fifty percent (50%) of the value of the streets,
utilities and pads before the repair, reconstruction or
improvement commenced.
Variance. A grant of relief from the requirements of this
ordinance which permits construction in a manner otherwise
prohibited by this Ordinance where specific enforcement
would result in unnecessary hardship.
Section 2. Intent of Article.
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, 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.
Section 3. Development in either Special Flood Hazard
Areas, or Non Special Flood Hazard Areas.
For all development within Special Flood Hazard Areas and
Non Special Flood Hazard Areas, the Building Official or his
designee shall:
(a) Require permits for all proposed construction,
development or other improvements within said areas;
and
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(b) Review permit applications for construction,
development or other improvements within said Areas to
determine that the proposed activities:
(1) uses construction materials and utility equipment
which that are resistant to flood damage; and
(2) uses construction methods and practices which will
minimize flood damage; and
(c) Review permit applications for new construction or
substantial improvements within said Areas to assure
that the proposed construction:
(1) is protected against flood damage; and
(2) is designed (or modified) and anchored to prevent
flotation, collapse or lateral movement of the
structure; and
(3) uses construction materials and utility equipment
which are resistant to flood damage, and also uses
construction methods and practices which will
minimize flood damage; and
(4) provides in the plans part of the permit
application the appropriate flood plain
information including Dade County Flood Criteria,
crown of road information, Federal Flood Zone and
base flood elevation.
(5) electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service
facilities designed and/or located to prevent
water entry or accumulation.
(d) Review subdivision proposals and other proposed new
developments to assure that:
(1) all such proposals minimize flood damage; and
(2) all public utilities and facilities, such as
sewer, gas, electrical, and water systems are
constructed to minimize or eliminate flood damage;
and
(3) adequate drainage is provided so as to reduce the
exposure to flood hazards; and
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(e) 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
flood waters into the systems and plants and discharges
from the systems and plants into flood waters, and
require on -site waste water disposal systems to be
located so as to avoid impairment of them or
contamination from them during flooding.
(f) Require a lowest floor elevation certificate or flood
proofing certification, after the lowest floor is
completed 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 flood proofing 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, flood proofed elevation, or the elevation of the
lowest portion of the horizontal structural members of
the lowest floor, whichever is applicable, 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 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
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corrections required hereby, shall be cause to issue a
stop -work order for the project.
(g) 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 Dade County Flood Criteria
information.
(h) Obtain, review and utilize any base flood elevation and
floodway data available from federal, state, or other
sources.
(i) 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,
U.S.C. 1334.
(j) In Coastal High Hazard Areas, review plans for adequacy
of breakaway walls in accordance with Section 5(e), (f)
and (g) herein.
(k) Review proposed development to assure that no use shall
be made for other than crop, grove, nursery and grazing
purposes, or similar uses, and no building of any type
shall be constructed, erected or moved on any land
below the elevation established by the Dade County
Flood Criteria Map, or the back of sidewalk elevation
of the road fronting the property, or if there is no
sidewalk, the elevation of the crown of road or street
abutting such building site, whichever is higher. And
before any such land shall be used, except as above
authorized, it shall be filled as required by the
Building Official or his designee in consultation with
the Director of Public Works.
(1) For uses other than residential requiring a floor,
the floor elevation shall be a minimum of four
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(2)
(3)
inches (4") above the elevation established by the
City's FIRM, or the back of sidewalk elevation, or
if there is no sidewalk, the elevation of the
highest crown of road or street abutting such
building site, whichever is higher, or if the road
has no crown, then the highest edge of cross
section of the road shall be applied. For all
residential use, the floor elevation shall be a
minimum of eight (8) inches above the elevation
established by the City's FIRM, or the back of
sidewalk elevation, or if there is no sidewalk,
the elevation of the highest crown of road or
street abutting such building site, whichever is
higher, or if the road has no crown, then the
highest edge of cross section of the road will be
applied.
In all cases and for all uses and whether the
property is located in a Special Flood Hazard
Area, or in a Non Special Flood Hazard Area, the
floor elevation obtained as above described, shall
be compared against the Base Flood elevation shown
in the City's FIRM and the higher of the two shall
be used for design and construction.
The provision 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 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
flood proofing certificate to assure that the
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design complies with all guidelines of Section
S(b) herein.
(4) If in the review of a permit application it is
determined that in the application of the
provisions of Section 3(k) of this Chapter, the
building applicant would be required to provide
flood protection in excess of the requirements of
this Chapter, then it shall be be the
responsibility and authority of the Building
Official or his designee, to review such plans and
may grant a waiver of the requirements of Section
3(k) of this Chapter 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 12(j)
of this Chapter.
(1) Maintain, for public inspection, in the Planning,
Building and Zoning office all records pertaining to
the provisions of this Chapter.
(m) Notify adjacent communities and the Department of
Community Affairs prior to the alteration or relocation
of a waterway.
(n) Assure that maintenance is provided within the alterred
or relocated portion of said watercourse so that the
flood -carrying capacity is not diminished.
Section 4. Development within Special Flood Hazard
Areas.
(a) No new construction or substantial improvement of any
residential structure or manufactured home shall be permitted in
Special Flood Hazard Areas, and no permit referred to in Section
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). Electrical, plumbing and other attendant
utilities are prohibited below the base flood elevation.
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(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 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), 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 floodproofed
up to one foot above the level of the base flood; provided that
the lowest flood level of such nonresidential structure
(including basement) shall be not more than ten (10) feet below
the base flood level.
Where flood proofing is utilized for a particular
structure, a registered professional engineer or architect shall
certify that the flood proofing 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 (in relation to mean sea level)
to which such structure are flood proofed shall be maintained
with the Building Official or his designee.
(c) All manufactured homes placed, or substantially
improved, on individual lots or parcels, in expansions to
existing manufactured home parks or subdivisions, shall meet all
the requirements for new construction, including elevation and
anchoring.
(d) All manufactured homes placed or substantially improved
in an existing manufactured home park or subdivision shall be
elevated so that:
(1) the lowest floor of the manufactured home is
elevated no lower than the level of the base flood
elevation; or
(2) the manufactured home chassis is supported by
reinforced piers or other foundation elements of
at least an equivalent strength, of no less than
36 inches in height above grade; and
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(3) the manufactured home shall be securely anchored
to the adequately anchored foundation system to
resist flotation, collapse and lateral movement;
and
(4) in an existing manufactured home park or
subdivision in which a manufactured home has
incurred "substantial damage" as the result of a
flood, any manufactured home placed or
substantially improved shall meet the standards of
Section 4(d)(1) and (3) herein.
(e) All recreational vehicles placed on sites shall meet
the requirements of Section 5(k) herein.
(f) Elevated buildings. New construction or substantial
improvements of elevated buildings that include fully enclosed
areas formed by foundations and other exterior walls below the
base flood elevation shall be designed to preclude finished
living space except allowable uses, i.e. parking, limited storage
and building access and shall be designed to allow for the entry
and exit of floodwaters to automatically equalize hydrostatic
flood forces in 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 (2) openings having a
total net area of not less than one square inch
for every square foot of enclosed area subject to
flooding; and
(2) the bottom of all openings shall be no higher than
one 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; and
(4) electrical, plumbing, and other utility
connections are prohibited below the base flood
elevation; and
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(5)
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 premises (standard exterior
door) or entry to the living area (stairway or
elevator); and
(6)
the interior portion of such enclosed area shall
not be partitioned or finished into separate rooms
or air conditioned.
(g) Floodways. Located within areas of Special Flood
Hazard are areas
designated as floodways. Since the floodway is
an extremely
hazardous area due to the velocity of flood waters
which carry
debris, potential projectiles and has erosion
potential, the following provisions shall apply:
(1)
prohibit encroachment, including fill, new
construction, substantial improvements and other
developments unless certification (with supporting
technical data) by a registered professional
engineer is provided demonstrating that
encroachments shall not result in any increase in
flood levels during occurrence of the base flood
discharge;
(2)
if Section 4(f)(1) of this Chapter is satisfied,
all new construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of Section 4 of this Chapter;
(3)
prohibit the placement of manufactured homes
(mobile homes), except in an existing manufactured
home (mobile home) park or subdivision. A
replacement manufactured home may be placed on a
lot in an existing manufactured home park or
subdivision provided the anchoring standards of
Sections 4(c) and (d) and the elevation standards
of Section 4(a) of this Chapter are met.
-20-
Section 5. Development within Coastal High Hazard Areas.
(a) Existing uses located on land in a Costal High Hazard
Areas which is below the elevation of the base flood shall not be
expanded and no building permit referred to in Section 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 3 of this Chapter
may be issued therefor upon any lands within Costal 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; and
(2) is securely anchored on pilings or columns and
elevated so that the bottom of the lowest
supporting member (excluding pilings or columns)
is located no lower than the base flood elevation
level, 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.
Non -compacted 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 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:
-21- 11029
(1) particle composition of fill material does not
have a tendency toward excessive natural
compaction; and
(2) volume and distribution of fill will not cause
wave deflection to adjacent properties; and
(3) slope of fill will not cause wave run-up or
ramping.
(d) No man-made alteration of sand dunes or mangrove stands
which will increase potential flood damage shall be permitted.
(e) Lattice work or decorative screening shall be allowed
below the base flood elevation provided they are not part of the
structural support of the building and are designed to breakaway
under abnormally high tides or wave action without damage to the
structural integrity of the building on which they are to be used
and provided the following design specification is met:
(1) material shall consist of lattice, mesh screening
or concrete block. For the purposes of this
section, a breakway wall shall have a design safe
loading resistance of not less than ten (10) and
no more than twenty (20) pounds per square foot.
Use of breakway walls which exceed a design safe
loading resistance of twenty (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:
(i) Breakway wall collapse shall result from a
water load less than that which would occur
during the base flood; and
(ii) 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 (structrural and non-
-22- 11029
structural). 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 or concrete block
is utilized, such enclosed space shall not be designed for human
habitation (breakaway 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.
Areas enclosed by unreinforced concrete block (breakaway walls)
exceeding 299 sq. ft. in size will be considered the lowest floor
for flood insurance purposes and therefor higher insurance
premiums will result.
(g) Prior to construction, plans for any structures that
will have lattice work or decorative screening or breakaway wall,
shall be submitted to the Building Official or his designee for
approval.
(h) Any alteration, repair, reconstruction or improvement
to a structure shall not enclose the space below the lowest floor
except with lattice work, 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
Section 4(b).
(j) No manufactured homes, except in existing manufactured
home parks and subdivisions and provided all anchoring and
elevation standards of Sctions 5(b)(2) and 5(1) 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; or
(2) the recreational vehicle shall meet all the
requirements for new construction, including
anchoring and elevation requirements of Sections
5(b)(2) and 4(1) herein; or 102 9
-23-
(3) be on the site for fewer than one hundred and
eighty (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.
Section 6. Accessory buildings.
Nothing herein shall be construed to exclude accessory
buildings from the provisions of this Chapter.
Section 7. Basis for establishing the Areas of Special
Flood Hazard.
The areas of Special Flood Hazard identified by the Federal
Emergency Management Agency in its Flood Insurance Study, dated
November 4, 1987, with accompanying maps and other supporting
data, and any revision thereto, are adopted by reference and
declared to be part of this Ordinance.
(b) Those maps referred to in Section 2 of this Chapter, as
amended effective November 4, 1987, together with all explanatory
matter therein are hereby adopted by reference and are declared
to be a part of this Chapter, and shall be kept on file,
available to the public, in the offices of the Building Official.
Section 8. Enforcement.
The Building Official or his designee shall administer and
enforce the provisions of this Chapter within the corporate
limits of the City of Miami, Florida.
Section 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 12(j) of this Chapter.
-24- 11029
Section 10. Sffect 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 or CHH Areas.
It is not intended to repeal, modify, or change any ordinance,
building code or other regulation except as herein stated.
Section 11. Interpretation.
The provisions of this Chapter shall be liberally construed
in favor of the City in order to effectuate the purposes herein
stated.
Section 12. Variances.
(a) Authority of the Building Official or his designee.
The Building Official or his designee 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 or his designee is hereby advised that in granting any
variances hereunder, said Official shall consider the purposes of
the National Flood Insurance Program as specified in Title 44,
Code of Federal Regulations, Part 60, et seq. Furthermore, the
Building Official or his designee 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 or his designee 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
-25- 1 1 9 2 9
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 or his designee shall review the information and render
his decision, either approving, modifying or denying the request.
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 or
his designee's decision is published in a newspaper of general
circulation. A courtesy notice containing the decision of the
Official or his designee 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 or his
designee 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
Section 12(g)(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 Section 12(c) herein, the Building Official or his
designee 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;
(3) the susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the individual owner;
-26- 11029
(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 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.
(e) Upon consideration of the factors listed above, and the
purposes of this Chapter, the Building Official or his designee
may attach such conditions, limitations, and restrictions to any
variance as the Building Official or his designee deems necessary
to further the purposes of this Chapter.
(f) Notwithstanding anything in this Chapter to the
contrary, a variance shall not be issued within any designated
floodway if any increase in flood levels during the base flood
discharge would result.
(g) 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
-27- 11029
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.
(h) 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 twenty-five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage and (ii) such
construction below the base flood level increases risks to life
and property.
U) The Building Official or his designee shall maintain
the records of all variance actions, including justification for
their issuance, and report such variances to the Federal
Emergency Management Agency.
(j) Review and appeal. Any person aggrieved by any
decision of the Building Official or his designee, may appeal to
a review committee which shall be comprised of the Director of
Public Works or his designee, the City Manager or his designee
and the Director of the Department of Planning, Building and
Zoning by filing within fifteen (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 review committee shall set such appeal
for hearing at the earliest possible date, and cause notice
-28- 11029
thereof to be served upon the appellant and the Building
Official. The appellant shall have the right to present its
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
Section 12(g), shall either affirm the Building Official's
refusal to grant a variance or reverse its refusal and grant the
variance. The decision of the review committee, which shall be
rendered within fifteen (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.
Section 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.
Section 14. Severability.
If any section, clause, provisions, or portion of this
Chapter is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of said Chapter shall not
be affected thereby.
Section 15. 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
-29- 1.1 Q 2 9
punishable by a fine of not more than five hundred dollars
($500.00) or imprisonment for not more than sixty (60) days or
both. 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 designee may secure enforcement
hereof by any legal action necessary, such as application to any
court for injunctive relief, revocation of any permit issued
hereunder or other appropriate means.
Section 16. Effective Date.
The provisions of this Chapter shall become effective on
January 10, 1993. However,
(a) The provisions of this Chapter shall not apply to those
buildings for which a permit has been issued and is in
effect or for which proper and complete application and
plans have been submitted for building permits on or
before the effective date of this Chapter provided that
the construction under the permit shall be commenced
and progressively carried to a conclusion within the
time limitation for permits established in Section
304.3 of the South Florida Building Code. Furthermore,
the provisions of this Chapter shall not apply to
buildings for which:
(1) plans and specifications as required by Section
302.2, South Florida Building Code, were in actual
preparation prior to December 20, 1992; and
(2) said plans and specifications were substantially
completed by December 31, 1992; and
(3) applications for building permits accompanied by
said plans and specifications, as completed, were
submitted for building permits prior to
January 10, 1993; and
(4) construction under said building permits is
commenced and progressively carried to a
conclusion within the time limitations for permits
-30- 11029
established in Section 304.3 of the South Florida
Building Code.
(b) For the purpose of this Section, the burden shall be on
the applicant to submit to the Building Official or his
designee, competent, substantial evidence establishing
compliance with these provisions. Such evidence may
include affidavits sworn to under oath by registered
professional Florida architects or engineers; dated
work sheets of such architects or engineers; invoices;
contracts and other tangible documentary evidence
establishing compliance herewith. The term
"substantially completed" shall mean that the plans and
specifications referred to herein above are fifty
percent (50%) or more completed as of December 20,
1992.
(c) Determinations by the Building Official or his
designee, pursuant to this Section, may be appealed to
the Flood Damage Prevention Review Committee in
accordance with Section 12(j) of this Chapter.
Section 17. It is the intention of the City Commission
that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article", "chapter", or
other appropriate words to accomplish such intention.
PASSED ON FIRST READING BY TITLE ONLY this 12th day of
November, 1992.
-31- 11029
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this loth day of
ATTE
MATTY HIRAI
CITY CLERK
December , 1992.
PREPARED AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOB/kd/bss/osk/M948
45-- - 1 "�
VIER L., ARE , MAYOR
-32- 110 2 9
Zitv of �tttmr
0,..
9i CESAR H. ODIO
City Clerk
MATTY City Manager
� "°"� l�"'
° February 1, 1993
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
Enclosed herewith please find a copy of the following Ordinances
ano kesoiution which amend the Code of the City of Miami,
Florida:
R 92-693 11021 11026
11028 11029 11032
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
B Y :_k �tSZ
DEPUTY CITY ERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0706/(305) 250-5360
Zitv of �laml
MATTY HIRAI
City Clerk
February 1, 1993
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
and Resolution which amend the Code of the City of Miami,
Florida:
R 92-693
11028
11021 11026
11029 11032
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY CLER ir
U
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360
0114-tv of Pt ant, &
l W, r
ri
MATTY HIRAI
City Clerk : ""':...
February 1, 1993
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
and a Resolution which amend the Code of the City of Miami,
Florida:
R 92-693
11028
11021 11026
11029 11032
If I can be of any further assistance, please do not hesitate to
call.
Very truly rs,
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360
01.1ifia of �iztmi
SERGIO RODRIGUEZ, AICP
Director
December 29, 1992
CESAR H. ODIO
City Manager
4 3
o
M
Mr. Robert Pennock, Chief
a— a_
Tt--<!
m
C-3
Florida Department of Community Affairs (DCA);-
'
o
Division of Resource Planning and Management_
n
.Z
Bureau of Local Planning-
2740 Centerview Drive
Tallahassee, FL 32399-2100
^'
Re: Transmittal of Application No. 92-7, a proposed amendment to
the Miami Comprehensive Neighborhood Plan 1989-2000.
Dear Mr. Pennock:
The City of Miami, on December 10, 1992, adopted Ordinance 11029 amending the
Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This proposed
amendment is a small scale development activity and, according to Chapter
163.3187, is submitted without regard to statutory limits on the frequency of
consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987,
Chapter 163.3187(1)(C)l and 4 FS 1992 (abbreviated review) and Rule 9J-11.011,
Florida Administrative Code, and the direction of t e Department of Community
Affairs (DCA), I am pleased to provide you with five (5) copies of these
documents consisting of:
a) A response to the checklist provided by the Department of Community
Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment 92-7 A);
b) Analysis of the availability of, and demand on, public facilities
(Attachment 92-7 B);
c) Analysis of the compatibility of the proposed land use change with
the land use element goals, objectives and policies, as well as
those of other affected elements (Attachment 92-7 C);
d) A map illustrating the boundary of the subject property and its
location in relation to surrounding streets, and thoroughfare
networks; and the present land use designations of the property and
abutting properties (Attachment 92-7 D);
Page 1 of 2
Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452
PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128
Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708
Mr. Robert Pennock December 29, 1992
e) A copy of support documents on which recommendations are based (PZ-
5, City Commission Meeting of December 10, 1992) (Attachment 92-7
E);
f) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as
amended through January 24, 1991. This volume contains all of the
adopted MCNP elements. (Attachment 92-7 F); and
g) A copy of MCNP Land Use Plan Map Amendment Ordinance 11029 as
adopted, (Attachment 92-4 G).
If, in the 90 day abbreviated review process, there are points that need
clarification, you may contact Roberto E. Lavernia, Planner I, Planning,
Building and Zoning Department, at (305) 579-6086.
Sincerely,
rgi Rodriguez, AICP
Director
SR/rl
Attachments
cc: Jeffery B. Hepburn, Asst. Director
Department of Development and Housing Conservation
Alberto Ruder, Director
Parks and Recreation Department
oseph W. McManus, Deputy Director
Planning, Building and Zoning Department
Clark P. Turner, Planner II
Planning, Building and Zoning Department
Robert Lavernia, Planner I
Planning, Building and Zoning Department
Doc:[robert]<robert>transm/92-7
Page 2 of 2
(letter only)
(letter only)
(letter only)
(letter only)
(letter only)
(letter only)
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
PZ= 14
TO : The Honorable Mayor and DATE : n r^ T` ! FILE
Member of the City Commission L;V " 199
SUBJECT: Proposed Floodplain
Management Ordinance
Cesar H. Odio
FROM City Manager REFERENCES:
101
ENCLOSURES:
Recommendation
It is respectfully recommended that the City Commission adopt the
attached Floodplain Management Ordinance, as required by the
Federal Emergency Management Agency (FEMA), in order to establish
eligibility in the National Flood Insurance Program (NFIP). The
intent and purpose of this ordinance is to regulate proposed
development in flood hazard areas to ensure that such development
will not aggravate existing flood conditions and that new
buildings will be protected from flood damage.
BacKground
Since 1968 the National Flood Insurance Program (NFIP) has
provided federally bacKed flood insurance to encourage
communities to enact and enforce floodplain regulations. The
program has been very successful in helping flood victims get
bacK on their feet. In August of 1970, the Federal Insurance
Administrator declared the entire area of Dade County eligible
for federally assisted flood insurance. Over the years, Dade
County was responsible for managing floodplain management
activities for all municipalities in the county. However, in July
of 1992, the Federal Insurance Administrator determined that Dade
County Metropolitan Government is "incapable" of managing
floodplain activities for the entire Dade County area, and
therefore, each municipality must establish eligibility in the
NFIP, as a separate and independent community. For this reason,
each municipality must adopt a Floodplain Management Ordinance.
This proposed ordinance, meets the requirements for participation
in the NFIP and, if adopted, will maKe the citizens of Miami
eligible to purchase federally sponsored flood insurance.
1102-9 1
tw
The Honorable Mayor and
Members of the City Commission
Page 2
If the City fails to adopt this ordinance by January 20, 1993, it
will be considered to be noncompliant and will be ineligible to
participate in the NFIP. Nonparticipating communities become
subject to the sanctions outlined in Section 202(a) of the Flood
Disaster Act of 1973 (as amended). Flood insurance, Federal
grants and loans, Federal disaster assistance, and Federal
mortgage insurance are not available for the acquisition or
construction of structures within the identified Special Flood
Hazard Areas depicted on the Flood Insurance Rate Maps (FIRM) in
nonparticipating communities.
�7/
RE r:_ IVED
MIAMI REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Willlams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
CITY OF MIAMI
ORDINANCE NO. 11029
in the ........... N . N . X ...................... Court,
was published in said newspaper in the Issues of
January 4, 1993
Affiant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
Published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered a
second c s mail matter at the post allies In Miami in said
Dade C n Florida, fora perlod of one year next preceding
the fi pu lication of the attached copy of advertisement; and
off
fu er says that she has neither paid nor promised any
pereo , f m or corporation any discount, rebate, commission
or re for the purpose of securing this advertisement }or
publl on in the said newspaper. i
Sworn to and subscribed before me this
4th . ay of ....
J ..uary ...... ...., A.D. 19.;..9.3.
.....
(SEAL)
,Sookie Willlams
personally known to me.
OFFICIAL NO A.R� Y 5I L
ACNEi E. FFNA
NOTARY PUBLIC STATE OFF I'10RIDA
COMMISSION NO. CC 172108
MY COMMISSION FXP. JAN. 6,1996
C1 I TV 4W-1011 =L,,FA0FdbA
All interesbmd persotylt:svllltelte twice that on the 10th 40V
December, 199Z :the Cff1! C tttssion of Miami, Ftorift adloptW
the following titled or=a at:
OiMNANCE NIX "W
AN EMEMIkENOiC ORDINANCE AM@19tN(�tf 1
AND 6 OF DRDKVWNO. lo920, THE #Wu* ( :
POMOM ORDWAWE ADOPTEIIAW 2fR 19(11
ANt1OONG So"MBER 30,124: FOR 1011511a11Rf11DSE
OF 6660EAVIA11 THE FY`92 WJQW A. ' RIAT�?NS` .
FOR tHEj.VM0 AND SOLID VVAST DEPARTMfWS
A1S A" RE$ LT QF EMERGENCY EXPENDITURES
MLAtING TO,HUR$ICANE ANDREW AND A BUDIMT-
ARY A 4STIIkW IN SPECIAL PROGRAMS A"D
ACCOUNTS; LNG A REPEALER PROVISION AND
A SEVERAB(LITY CLAtlBE.
OMIiIRIIANCE NO.11927 "_
AN ORDINANCE Ai &OIPtQ SECTION ,ti 3 OF THE
CODE.OP*E CFtr.C3F"MIAM1, ELORf(iA; A$A#AE1NDED,
CONCERNING THE'($OV>9S*NG Bt3DY OF Tfq'MIAMI
SPORTS AND EXH11*t�[Dfi AUTHORITY THEREO"Y'ELIM-
)MATING THE NECESS1TY,F0W$E0ARATE G11Aim BY
HAVING ALL MEMa"S SERV£;A QP{E YEAR TER9ft OF
OFFICE COMMEN(*G ON NOVEMBER 30, 1292 AND
ENDING ON NOVENWR 29,198E A11D TWO YEAR TERMS
THEREAFTER, EXCEPT Tt#E CAYY �BaON MEMBE�t
WHOSE TERM SHAk RIiW FEti�Y€AR REViEYYAFi-°
BY THE CITY COMMISSION Q4:l1W 1ST OF EACH-10it-.
FOLLOWING THE INITIAL APP"TMENT; TEAM -
TO COMMENCE ON NOVEMBER 30, lift.Q01l ININ4
A REPEALER PROVISION, SEVEk*LITY CLAUSE
PROVIDING FOR AN EFFECTIVE.DO*
ORDINANCE NO: JUN. ;
AN ORDINANCE RELATING TO ,FLOG I 1'AGE
PREVENTION, AMENbtNG THE CODE OF )HE CfTY OF
MIAMi, FLORIDA, BY AD 1 A NEW.M;*T tNTI-
TLED "FLOOD DAM14 =(TION' ; F ►Dlf�
DEFINITIONS; INT A1NO1*JW_PS1E;AE0UWWENM
FOR DEVELOPM15W IN SP AL FLOL�I 1flIZAR1O
AREAS, AND NON (3POiP14`i. FL_ AkfiEA"�rF
PROVIDING FOR A4OM STRA 0 4CEMW
YARtANCES, PENALVIl3S, APPEALS Al ;,Dr
OF LIABt-LITY; PL'FQV""NC,.'Tfii1 - :140( w
ORDINANCE BE IN TENT OR CO
Ol(<'1NFf:ICTM�
ANOTHER, THE ORDINANCE IMPOSING 4REATE I—,
RESTRICTIONS SMALL PREVAIL; ADOPTING, &Y
REFERENCE, THE 'FLOOD INSUR CE-STUDY, THE,-
FLOOD INSURANCE RATE MAP, 71ND�DADEODUMTY
FLOOD CRITERIA MAWS;-SWTAW** A �ILITY .
CLAUSE AND PROVING AN a*vrT(VE DATE.
OROINA 'il> .11 AN ORDINANCE AMEN011+ ,JME FUTUM LANE -USE
MAP OF ORDINANCE N(i05440, ASdAMENAW_ THE
MIAMi COMPREKSINSM NEI(ltii#dlfRMOOt3=f`LA4N
1989-2000, FOR THE PIR060TV LOCATED A4T $
NORTHWEST 30TR &TRLI'TC ,:'111I:AMI, FLORID/4
PARTICULARLY DESCMBE-"EREIN), BY
LAID USE DESIGW' Tfi FROM RF f1 %X TO
MEDIUM DENSITY Tl MIL.Y R69i AL,VAKING
FINDINGS; 'iNSTRUtE T L OF A;. Y
OF" THIS ORDIN14 A Y 1 A.G ES;
CONTAINING A REP6ALf'f?V,. BIL
ITY CLAUSE; AND PIiIW DATE.
ORN"wall i10
AN ORDINANCE AMEi1011" TV4'Nt i lM OF,
ORDINANCE NO. 1hg0D AS APEP flKi
Q l`JANCE OF TNt CITY OlaaMfANN,+VLORiVA ]BY
CHANGING THE ZOfltlitGFI("rATK)NFROM PR
,
PARKS AND RECR T1 MU.... '-,I FAMILY
RESIDENTIAL, FOR : AT 22$
NORTHWEST 30TW L ,; A (MOft
PARTICULARLY DE . sA BY INAKINi4
ALL THE NEC ESS Oli12PAGE NO'°9!1 OF
SAID "ZONING ATI.AS6 A4181G ASEP1rALER
PROVISION AND`$ IMTY CLAUSE; AND'
PROVIDING FOR AN-EfECT( f'FL4TE. ,
ORO01NO.11031
AN .ORDINANCE OF"4E CiTY- OF
CHAPTER 14 OF CODE OF;MiiE C" AV k'0111lli.
FLORIDA, AS AM (` �. P A
PREYtOUSLY AP ' �4�Ei AF1R
(RESOLUTION NO.Bri t1:
AWO MAJOR USE - --• NT�
UTES, BY AMENDIIi OECTiOr i-59.OF THE Ct3ot'
•`DEFINITIONS", REQA WG T ON OF TOTAL
ALLOWABLE DEVEft W if W Seandk
14,60 OF THE CODE. _ . A1i1MM'OF DEVELOPMEItIT
CREDITS WITH BUf T` BY CIA
fF TO ANCE
NO BY AME
TION CON
NG A�f 1 Igw�
i' At4
ABILITY CCJk F
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
CITY OF MDMI
ORDINANCE NO. 11029
in the ................... X. X..X ............. Court,
was published in said newspaper in the issues of
January 20, 1993
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade C Florida, for a period of one year next preceding
the fir pu cation of the attached copy of advertisement; and
affian furt r says that she has neither paid nor promised any
pers , ti or corporation any discount, rebate, commission
or re un for the P ose of securing this advertisement for
ubli a n to the newspaper.
Sworn to and subscribed before me this
MAE-
20th.. y of ..... J . Uazy...., A.D.,993...
FF Ai?.......... .
(SEAL)Q AGNES E. PENA
NOTARY puBLIC STA; E OF FLORIDA
Sookie Williams ersoria gffiM W. CC 172108
MY COMMISSION EXP. 4.N. 6,1996
�MIMI�Nii` tttttt��lr��tt�■nl
LF.QAL t#,0Ttt9
(MD11D)
Ail interested pb{s ikiill: take notice that en the 11" day of, r
December :Z991, the Ctt Commisaiort of Miami Fblieiai4sdopteE ..
ths*foito' l', titted Ordilwalcas:
0*biNAME NO.11025
AN 1�11ERGENCY bfbNANCE AMENC� W; Opoow CE'
NO. ift1l, ADOPTED 014 JULY 19; IM, AS AMENOW,
1NHIE2M ESTABLISHED INITIAL Rf.SOURCE$,AND'rAMWTT
APfHt ttt`P10NR'+POR THE L111N. TRU94T- FUND RECEIVED AND DEP691719�Y
TO-00NANCE 0. 91157i,ADOPTED' AP 'Or 190i; TEi `
PRt3V#Q9 FOR AN, iNOREA9E iN AWE AMOWNT.Dlz
$1,002,*, AS A RESULT OF ADDITIONEL,M0"S.,
DEPOSITED 1N SAiD ,FUND DUE TO SUCCE 0�!I. �?R�
FEI__RE AI:TIONS, GONTAMING A REPEALER PRQVI•
St Oty ANb BE1/ItFfA91f,1'CY CLAUS€.
o} t11fiAI E M0.1110 26 .
AN ORDINANCE AMEI�tQiNG SfwGTlOtf 'J 3 tF THE,
BODE OF THE.CITY OF NTIhtiA1, FIL IDA, AS AMENOEM
INATING THE NECESSITY FOR SE TE'GROUPS BY
HAViN G ALL MEMBERS SERVE A ON . W TEFAA OF
OFFICE COMMENCING "ON°"NOVEI*KW 30, 190 ANO
ENDI 3 ON NOVEMBE . 29, `lM `ANb'TWO,YEAR
TER THEAEAFTER, EXCePT THE CITY COMMISSION
REVIISIABLE BY THE CITY COMMRSI®l1XIMJU14E1ST
OF E ICH YEAR,FOLLOWtNG THE INITIAL A14PQtItikT
MEI►%, SUiCH TERM TO COMMENCE fiQYfrIrIBEEi'Q0
i992 CONTAINING A REPEALER 0:1FISiON, SE'V•
EFUISILITy CLAUSE AND PROVIDING FOR AN EFF
TiVE DATE.
MANCS NO.
AN EMERGENCY OR ANCE AM1 G..S£CTION 1
ANUS OF ORDINANCE NO, 10520, AS+A►MENDEDy THE
ANNt1AL APPROPRIATIONS ORDINANCE ADOPTED
SEPTEMBER 26, 1991, FOR FISCAL YEAR 411t!1=02,
ENDING SEPTEMBER 30, 1492, FOR, THE PURPOSE OF
INCREASING THE BUDGET 1APPR4PRtAT10NS FOR THE
POLICE AND SOLID WASTE DEPARTMENTS AS A
RESULT OF EMERGENCY 120ENDITl MS RELAT00 i'O '
HURRICANE ANDREW AND A BU156ETA0 AWUST
MkMT'iN=SPECIALPROGRAMS AND ACCt3U*T-,S�,
Ci#lt:X111yI1iG a4 i i11F.R .ftRONl9NQak•AND A-
ABtt:ITY,4,-*f;AUS1.; .'
ORDINANf� NO. 11029"
AN ORDINANCE RELATING TO FLOOD OAMASt-POE-
VENTION, AMENDING THE CODE OFF THE ( Y` OF
MIAMI, FLORIDA, BY ADDING A NEW CHAP`TB%,ENTi-
TI ED "FLOOtA DAIi�AGE PREVENTiQNd )_ 0110410
FOA:` Ci FI iTIfTiVS; INTENT AN+D °PURIFO
REOVIFIEM.EN :S trOR iIEVELOPMFNT N SPECIAL -
FLOOD HUAt#D AREAS. AND NON ` L FL+3OD
AND DISCLAIMER OF LIABILITY;
SHOULD THIS ORDINANCE BE IN 1F1$I "
l3ONFtiCT WITH•ANOTOER;-tHE O 1;
,ING GREATER}%EgTRICTIONS SHAtIei AM- EVA11a=�
ADOPTING; BY -REFERENCE, THE FLOOD M {RANGE -
STUDY; THE FLOOD INSURj11NCE RATE *0%111b M6 OF
DADE COUNTY FLOOD CRITERIA MAPS; 0614TAINItl18
A SEVERASILITY CLAUSE 'AND PROVIOIN01ifOR AN
EFFECTIVE DATE.
ORS!( MO. 1low
AN ORDINANCE
AMEND" ,THE FUTURE LA,iNtiO USE
t.1 t .
yti 00D Pi.Ato
)CAF�D- AT"228 ,
1 E7 BTION F Fi WW,
M ft1?pi t ` 5 LTA FAMILY RES1�tls
MAKINI'i FINDfNf &.14Ni'I'4IWtING THE fiRANS1i GTAC
OF A'COPY-01; Tft OROMA14CE
CIES;-CONTAINING A REPEALER PROVISION AM Sft:.
ERABILITY CLAUSE; AND PROVIDING FOR -AN EFFIC,-
TIVE DATE.
ORDMANCC 100.11031
Ak ORDINANCE AMENDI IG THE,ZONING ATLAS OF
ORDINANCE NO. 11000; AS AMENDED,; THE ZONING .
ORDINANCE OF THE CITY OF MIAMt; FLORIDA; BY
Cti GING THE ZONING CLASSIFICATION FROM PR
PA*S;AND RECREATI_0N TO F0 MULTI 'FAMILY RESI-
DENTIAL', FOR THE, PROPERTY LOCATED AT 229.
N ST 30 1 TREE'F. MIAMI, FLORIDA (Mgi�E
PA f.ANLY t}F66111MD HENItk' A146 BY MA' M
ALL Tf L i066§A0Y CHANGES ON PAGE NO. 21 OF
SAID ZONING ATLAS; CONTAINING A Rgilk ALE04IIO =
VISION AND SEVERABtLITY CLAUS& AND PROVfO M `
FOI 4iAl, liMCTiVE QATE
oRftAfte Mo.1te32
AN ORDINANCE OF THE CITY OF MIAMt AM9N0J" .
CHAPTER 14 Of THE CODE OF THE CiTY OF•MIANM,:
FLORIDA, AS.AMENKC1 ("CODE"), PERTAINING TO A
PREVIOUSLY'. APPROVED DEVELOPMENT ORDER (RES-
OLUTION NO.:8&111, ADOPTED FEBRUARY. 11, 1988)
ANO-MAJOR USE SPECIAL PERMIT PURSUANT TO
ZONING ORDINANCE NO. OW, f,QR TRE.SOUMEAST
OV6 QM0,AW WES# DENEk�
iMPA&,:Ii60iIIA.NT TO 4i4iA1+TEC~<� ST>
UTE$„ 0. AMENOING SECTION 1 1114E 4AbE
"W.INITIONWr`, RAGARD413 THE* _JDEVIJR4710N Or -
TOTAL A Ql WASrL6 DEVELgPMO T, 0I Tfiwl G
SECTION 14-00 (�
,OF THE C, '"I�WM41T1ON OF
---._. _,...,..�w.,..r.mctuMrYast4ni nt>3t3 PE1�f1Ts•:8Y
AMENDING
SECTION
RTATIO14 COW
AMENDING SECTION 14.71, '
TROL" MEASURES", PERTAIfV W_10 iADESHARii16 '
INFORMATION; CONTAINING A; A�i-EIR 4D�
ANO'A SE% ,
FOR
AN EFFECTIVE DATE.
said ordinenee9`risy be inspected by the.puWic allthp Office of
the City Cierk, 3WO -Pan nd
American Drive, Miami, Florida, Moay
through Friday, excluding holidays, between the hours of 4:06
a.m. and 5:00 P.M.
(1005)
MATTY HIRA1
CITY CLERK'
MIAMI, FLORIDA 120110M
11120
Is