HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: George K. Wysong III, City Attorney s✓ceorge K. wy one "'
DATE: July 22, 2024
RE: Ordinance No. 14295 — Amend - Chapter 20 - Flood Damage Prevention
File No. 16167
At its July 11, 2024 meeting, the City Commission adopted the above -referenced agenda
item, SR.1, amending Chapter 20 of the Code of the City of Miami, Florida, as amended, to
provide re -certification of existing drainage systems, and providing standards for development in
special flood hazard areas and non -special flood hazard areas as defined. The Legislation was
inadvertently adopted with a typographical error in the First and Second Whereas clauses and has
been corrected and incremented to Revision B.
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Enclosure(s)
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City of Miami
Ordinance 14295
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16167 Final Action Date: 7/11/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "FLOOD DAMAGE PREVENTION," PROVIDING RE-
CERTIFICATION OF EXISTING DRAINAGE SYSTEMS, AND PROVIDING
STANDARDS FOR DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS
AND NON SPECIAL FLOOD HAZARD AREAS AS NEWLY DEFINED; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Damian Pardo,
Commissioner Manolo Reyes, Commissioner Christine King
WHEREAS, pursuant to Ordinance No. 14039, adopted on December 9, 2021, the City
Commission adopted amendments to Chapter 20 of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, Ordinance No. 14039 allowed the City Code requirements rega ing
flood plain construction and building requirements to satisfy the requirements of th ,
National Flood Insurance Program and achieve consistency with the Florida Building
Code; and
WHEREAS, Section 20-3 of the City Code, which addresses developmentin—:
special flood hazard areas and nonspecial flood hazard areas, has certain requirements
as to recertification of the drainage; and Tap
WHEREAS, it has been determined that this particular issue needed to be further
clarified for property owners and developers so that City of Miami ("City") goals combat
sea level rise and incessant flooding can be addressed;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 20 of the City Code is amended in the following particulars:1
"CHAPTER 20
FLOOD DAMAGE PREVENTION
1 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.
City of Miami Page 1 of 13 File ID: 16167 (Revision: B) Printed On: 8/1/2024
File ID: 16167 Enactment Number: 14295
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Sec. 20-1. Definitions. v CLF-
*
Drainage systems. The surface and subsurface system for the removal of water from or
control of water on the land, including both the natural elements of streams, marshes, swales
and ponds, whether of an intermittent or continuous nature, and man-made elements which
include culverts, drains, ditches, channels, piping, drainage wells and storage facilities. Any
system which collects, conveys, channels, holds, inhibits, diverts or treats stormwater from a
given area either by drains, grading or other artificial or natural means thru the use of a drainage
structure, including but not limited to a culverts, storm drains, stormwater retention or detention
ponds with side slopes that must be stabilized by artificial means, French drains, or exfiltration
trench/systems, which convey stormwater into the underlying soil.
* * *
Existing manufactured home parks and subdivisions. A manufactured home park or
subdivision for which the construction of facilities for servicing the Tots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before September 29, 1972.
* * *
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. 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.
City of Miami Page 2 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
(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 sump pumps operating at permitted specification to lower water
remove water accumulated due to anv passage of vapor
and seepage of water during the flooding event.
(7)
(8)
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0) 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
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buildings or structures. Gravity draining of basements may be eliminated by
Construction of water supply and wastewater treatment and disposal systems
to prevent the entrance or infiltration of floodwaters.
Pumping facilities or comparable practices for subsurface drainage systems for
1.2.1 buildings to relieve external foundation wall and basement flood pressures.
Construction to resist rupture or collapse caused by water pressure or flooding
== R debris.
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, 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 to or above
the base flood elevation, plus one foot of freeboard.
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 ,
13 2, 13 3, 131, and 13 5 of the publis official records of Miami -Dade County, as amended
from time to time.
* * *
Residential or residence. Any lot, plot, parcel, tract, area, piece of land or building used
exskisively for family dwelling purposes or intended to be so used.
* * *
City of Miami Page 3 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
Special flood hazard areas. An area in the floodplain subject to a one percent (1 %) or greater
chance of flooding in any given vear. Special flood hazard areas are shown on FIRMs as Zone
A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
Sec. 20-3. Development in special flood hazard areas and nonspecial flood hazard areas.
N
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* * *
(2) Review permit applications for construction, development or other improvements
within said areas to determine that the proposed activities:
a. Use flood damage -resistant materials and have utility equipment which are
resistant to flood damage; and
b. Have drainage cal ulations that demonstrate retention of rainwater within
surrounding property lines. ,
The drainage
calculations shall be based on a one hundred (100) year storm, per design
standards of the Miami -Dade County Public Works Manual - Part 2 - Design
and Construction - WC 1.1 Rainfall Intensities - 5 min. to 24 hrs. (Rainfall
intensities) from the Miami -Dade County Public Works Manual with
concentration times described below:
i. For residential use, with fewer than four (4) dwelling units, the drainage
calculation must be based on a eiqht-hour time of concentration.
ii. For residential use, with four (4) or more dwelling units, and all other uses,
the drainage calculation must be based on a 1/2-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;
City of Miami Page 4 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
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Enactment Number: 14295
2024 AUG -3 AM I I: 30
d. Provides in the plans part of the permit application the appropriate floodplain
information including Miami -Dade County flood criteria, crown of road
information, 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; and
f. In nonspecial flood hazard areas, the
basement ,
i. shall be usable solely for storage, parking, or access;
ii. shall not contain either main electrical or mechanical equipment; and
ili. require installation of sump pumps to collect and discharge the flow rate of
the basement area multiplied by the Rainfall Intensity per hour required
for the structure.
(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, or existing and proposed grade
elevations within the lot(s), whichever is higher. In cases where the base elevation
fronting the land vary greater than one foot along the frontage of the lot(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- ,including the entrance of a basement. For all
areas that serve a residential use, including, mail rooms, lobbies and entrances
to a basement, the floor elevation shall be a minimum of eight inches above the
base elevation.
b. 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
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 subsection 20-5(b) herein.
City of Miami Page 5 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number. 14295
c. If in the review of a permit application it is determined that in the application
provisions of subsectio► - ) 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 ofcubsestfoa-(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 subsection 20-120) of this chapter.
(15) Drainage systems as defined herein shall require re -certification every one
hundred and twenty (120) months from the date of final inspection as set forth
herein. The property owner shall be notified of the reauired re -certification sixty (60)
days in advance of their due date. Properties with three (3) dwelling units or fewer
are exempt from this section. Residential properties with four (4) dwelling units or
more, or where the drainage systems are comprised of five (5) or more drainage
CD structures on the property shall require that the drainage re -certification be
M completed by a registered professional engineer.
5-7 a. All relevant information on the existing drainage system, including, but not
limited to, the approved as -built drawings and a detailed description of the
'�- existing drainage, including the intent of the system.
w b. A site inspection of the entire drainage system to determine what, if any,
maintenance and repair work is required in order to re -certify the drainage
system in accordance with the following items:
i_ Catch basin grates, manhole covers and outfalls are to be free of
obstructions.
ii. Probe catch basins for mud, debris, silt, etc. (depth of material in a pipe
shall not exceed 5% of the diameter of the pipe and the depth of material in
a catch basin sump shall not exceed 5% of the distance from the bottom of
the structure to the lowest pipe invert).
iii. Check headwalls for deterioration and any signs of erosion.
iv. Check for broken grates.
v. Check weirs and baffles installation (12" min. sump clearance from bottom
of structure to bottom of baffle, if applicable)
vi. Check for areas of sunken or deteriorated pavement which may be a sign
of a drainage problem.
vii. Check for modifications to swales and retention areas.
viii. Check for proper maintenance of swale and retention areas.
ix. Check for alterations to original design and construction of drainage
system.
x. Check for alterations to original design and construction of drainage
system.
xi. Verify that no vegetation exists over drainage system.
c. All pumps shall be inspected by a registered professional engineer irrespective
of property type. All drvwells, including iniection wells, shall be inspected by a
City of Miami Page 6 of 13 File /D: 16167 (Revision: 8) Printed on: 8/1/2024
Enactment Number. 14295
FIIe ID: 16167
4.
certified well driller irrespective of property type. Pressurized system with wells
and/or pumps shall be certified that it continues to function as designed and
constructed. A gravity type drainage system, such as exfiltration systems shall
require re -certification as per this section i through xi. These systems shall be
required to function as designed, constructed and/or permitted. A detailed
report of inspection and proper function from a registered professional engineer
or certified well driller (as applicable) shall be required for re -certification.
d. Completion of all necessary required maintenance and/or repair work as
denoted by the registered professional engineer as performed by a licensed
contractor and verified by the certifying engineer.
e. All copies of plans and drawings, together with supporting calculations and
documentation submitted must be signed, sealed, and dated by a registered
professional, as required by Chapters 471, 472, 481 or 492, Florida Statutes,
as applicable, when the design of the system requires the services of a
registered professional.
A maintenance log, if not already kept by the property owner, will be required
for any future drainage re -certifications. The maintenance log shall include
records related to the operation of the drainage system, including but not
limited, to an estimate of the stormwater volume passing through the system in
a year, dates of inspection and copies of any associated documents that
evidence inspection, and dates of repairs and/or replacements of parts with
type of maintenance and parts replaced, if any.
Existing drainage shall be inspected within 24 months of the adoption of this
ordinance
h. Should property owner be unable to meet the requirements set forth in this
section 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.
i. Drainage systems subiect to the requirements in subsection 20-3(15) of this
chapter where the owner fails to timely respond to the notice of required
recertification or fails to make all required repairs or modifications found to be
necessary by the deadline specified in the Code or any written extension
granted by the building official, or designee, shall result in enforcement as
provided in chapter 2, article X of the City Code in addition to any other
enforcement provided in section 20-14.
Sec. 20-4. Development within special flood hazard areas.
(a) No new construction or substantial improvement of any residential structure 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 elevation (100-year flood) plus one foot of freeboard
City of Miami Page 7 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
(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 elevation (100-year flood) plus one foot of freeboard,
or if the lowest permitted floor level of such nonresidential structure (including
basement) is below the base flood elevation level then such nonresidential structure
together with attendant utility and sanitary facilities shall be designed with
floodproofing up to or above the level of the base flood elevation (100-year flood) plus
one foot of freeboard ; provided that the
lowest floor -level of such nonresidential structure is in compliance with section 20-
3(11) (including excluding basement). 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 elevation, and a
record of such certificates indicating the specific elevation as measured in reference
to NAVD 88) to which such structure is floodproofed shall be maintained with the
building official or his/her designee.
v
>tti Direct access to the common areas for dwelling units or dwelling units shall be
s;5- elevated to above the level of the base flood elevation (100-near flood) plus one
. foot of freeboard and dry flood proofing shall be restricted to independent
cu commercial areas.
Designs shall not prevent access to the common areas of dwelling units, and
designs for dry floodproofinq shall require measures or system components that
do not require human intervention or action before the onset of flooding to be
effective.
01 The lowest point of a basement entrance shall be at a minimum above the base
elevation or the level of the base flood elevation (100-year flood), whichever is
higher plus one foot of freeboard.
(c) All electrical, heating, 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.
(d) All manufactured homes placed, replaced, or substantially improved shall be elevated
so that:
(1) The bottom of the frame of the manufactured home is elevated to or above the
base flood elevation plus one foot of freeboard;
(2) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least an equivalent strength; and
(3) The manufactured home shall be securely anchored to the adequately anchored
foundation system to resist flotation, collapse and lateral movement.
*
Sec. 20-5. Development within coastal high hazard areas.
City of Miami Page 8 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
(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 elevation
unless said new construction or substantial improvement:
* * *
(e) Latticework, mesh screening, or decorative screening shall be allowed below the
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 structural integrity of the building on which it is to be used and provided the
following design specification is met:
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 Tess 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 elevation. and
(2) The elevated portion of the building and supporting foundation system shall not
rn r 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 elevation. Wind loading values used shall
be those required by applicable state or local building standards.
* * *
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Sec. 20-12. Variances and appeals.
(a) Authority of the-buildding-e##isial variance review committee. The ilding-eisial
variance review committee shall be comprised of the Building Official, and the
Directors of Resilience and Public Works, Building, Planning, and Zoning. The
variance review committee, acting by maioritv vote, and pursuant to this section, 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 buildin-efsial variance review committee 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 variance review committee 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
City of Miami Page 9 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
the inhabitants of the city, and therefore variances shall be granted with extreme
caution.
(b) The building -of vial variance review committee 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 buildingo#+oial variance review committee shall review the
information and render his/her their 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
via the Citv's website at www.miamiaov.com. All approvals or
modifications shall not be effective until ten days after the building-e#+sial-'s variance
review committee decision is published ' on the
Citv's website at www.miamigov.com. A courtesy notice containing the decision of the
boikling-effreaal variance review committee 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.
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C\' . Designated Historic Buildings. A variance is authorized to be
ca k ...issued for repair, improvement, or rehabilitation of a historic building that is
d (determined eligible for the exception to the flood -resistant construction requirements
of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a
CZ) determination that the proposed repair, improvement, or rehabilitation will not
preclude the building's continued designation as a historic building and the variance is
the minimum necessary to preserve the historic character and design of the building.
If the proposed work precludes the building's continued designation as a historic
building, a variance shall not be granted and the building and any repair,
improvement, and rehabilitation shall be subject to the requirements of the Florida
Building Code.
(d) In passing upon all such applications except those pursuant to subsection (c) herein,
the building-o fsial variance review committee 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:
(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;
City of Miami Page 10 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
(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
build-ofcial variance review committee may attach such conditions, limitations, and
restrictions to any variance as the build variance review committee deems
necessary to further the purposes of this chapter.
(f) Criteria for variances.
(1) Variances shall only be granted upon a determination that the variance is the
CD -1 necessary, considering the flood hazard, to afford relief; and in the
cc)`'' instance of a historical building, a determination that the variance is the
CI 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,
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c\ (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
1. .�, increased flood heights, additional threats to public safety, extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or
a conflict with existing local laws or ordinances.
e.,
(g) Any applicant to whom a variance is granted shall be given written notice specifying:
(1) That the issuance of a variance to construct a structure below the base flood
elevation 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
(2) Such construction below the base flood elevation level increases risks to life
and property.
(h) The buildirigo#icial variance review committee shall maintain the records of all
variance actions, including justification for their issuance, and report such variances to
the Federal Emergency Management Agency.
(i) Review and appeal. Any person aggrieved by any decision of the building-o icial
variance review committee may appeal to
and the city manager or their designees within 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 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 ofcial variance review
committee. . The appellant
shall have the right to present hic,� their position to the rcv,ew committee City
Manager or their designees which shall hear and consider all facts material to the
appeal. The City Manager or their
designees pursuant to the criteria set forth in subsection (f), shall either affirm the
City of Miami Page 11 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
building -official variance review committee refusal to grant a variance or reverse the
refusal and grant the variance. The decision of the , City Manager or
their designees 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 lviewn
accordance with the Florida Rules of Appellate Procedure.
.1
Sec. 20-14. Penalties for violation.
* *
-
7 CO-.
Violation of this chapter may result in suspension or revocation of certificate off` o
occupancy.
* * *
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, existing
grade elevations, below 6.00' NAVD 88, or for any filling required immediately adjacent and in
connection with construction or reconstruction of a seawall. Elevated or filled lots are required to
meet the following requirements:
Be enclosed by a perimeter retaining wall, minimum elevated 12" above highest existing
and proposed grade elevations.
101 Provide a drainage calculation that demonstrates retention of rainwater within
surrounding property lines based on 100-near storm, 20 minutes time of concentration,
per design standards - Miami Dade County - Public Works Manual - Part 2 - Design and
Construction - WC 1.1 Rainfall Intensities-5 min. to 24 hrs.
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 ten (10) days after adoption by the
City Commission.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
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 12 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167
Enactment Number: 14295
APPROVED AS TO FORM AND CORRECTNESS:
6/4/2024
g III, C y or -y 8/1/2024
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City of Miami Page 13 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
City of Miami
Ordinance 14295
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16167
Final Action Date: 7/11/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "FLOOD DAMAGE PREVENTION," PROVIDING RE-
CERTIFICATION OF EXISTING DRAINAGE SYSTEMS, AND PROVIDING
STANDARDS FOR DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS
AND NON SPECIAL FLOOD HAZARD AREAS AS NEWLY DEFINED; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Damian Pardo,
Commissioner Manolo Reyes, Commissioner Christine King
WHEREAS, pursuant to Ordinance No. 10622, adopted on December 9, 2021, the City
Commission adopted amendments to Chapter 20 of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, Ordinance No. 10622 allowed the City Code requirements regarding
flood plain construction and building requirements to satisfy the requirements of the
National Flood Insurance Program and achieve consistency with the Florida Buildings
Code; and -<
WHEREAS, Section 20-3 of the City Code, which addresses development inns ,
special flood hazard areas and nonspecial flood hazard areas, has certain requirement
as to recertification of the drainage; and "{
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WHEREAS, it has been determined that this particular issue needed to be further
clarified for property owners and developers so that City of Miami ("City") goals combat'
sea level rise and incessant flooding can be addressed;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 20 of the City Code is amended in the following particulars:1
"CHAPTER 20
FLOOD DAMAGE PREVENTION
1 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.
City of Miami Page 1 of 13 File ID: 16167 (Revision: A) Printed On: 8/1/2024
File ID: 16167
Enactment Number: 14295
Sec. 20-1. Definitions.
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Drainage systems. The surface and subsurface system for the removal of water from or
control of water on the land, including both the natural elements of streams, marshes, swales
and ponds, whether of an intermittent or continuous nature, and man-made elements which
include culverts, drains, ditches, channels, piping, drainage wells and storage facilities. Any
system which collects, conveys, channels, holds, inhibits, diverts or treats stormwater from a
given area either by drains, grading or other artificial or natural means thru the use of a drainage
structure, including but not limited to a culverts, storm drains, stormwater retention or detention
ponds with side slopes that must be stabilized by artificial means, French drains, or exfiltration
trench/systems, which convey stormwater into the underlying soil.
Existing manufactured home parks and subdivisions. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before September 29, 1972.
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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. 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.
City of Miami Page 2 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
(5) Addition of mass or weight to structures to resist flotation.
Installation of sump pumps operating at permitted specification to lower water
levele in ctructurec remove water accumulated due to any passage of vapor
and seepage of water during the flooding event.
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.
y'--39) Construction to resist rupture or collapse caused by water pressure or flooding
t--- debris.
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c;,(10) Installation of valves or controls of sanitary and storm drains which will permit
I� c 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
R , 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, 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 to or above
the base flood elevation, plus one foot of freeboard.
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 ,
13 2, 13 3, 13 1, and 13 5 of the Elie official records of Miami -Dade County, as amended
from time to time.
* * *
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.
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City of Miami Page 3 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
Special flood hazard areas. An area in the floodplain subiect to a one percent (1 %) or greater
chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone
A, AO A1-A30, AE, A99, AH, V1-V30, VE or V.
Sec. 20-3. Development in special flood hazard areas and nonspecial flood hazard areas.
* * *
(2) Review permit applications for construction, development or other improvements
within said areas to determine that the proposed activities:
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a. Use flood damage -resistant materials and have utility equipment which are
resistant to flood damage; and
b. Have drainage salsas that demonstrate retention of rainwater within
surrounding property lines.
The drainage
calculations shall be based on a one hundred (100) year storm, per design
standards of the Miami -Dade County Public Works Manual - Part 2 - Design
and Construction - WC 1.1 Rainfall Intensities - 5 min. to 24 hrs. (Rainfall
intensities) from the Miami -Dade County Public Works Manual with
concentration times described below:
i. For residential use, with fewer than four (4) dwelling units. the drainage
calculation must be based on a eight -hour time of concentration.
ii. For residential use, with four (4) or more dwelling units, and all other uses,
the drainage calculation must be based on a'/z-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 Toads,
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;
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File ID: 16167 Enactment Number: 14295
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d. Provides in the plans part of the permit application the appropriate floodplain
information including Miami -Dade County flood criteria, crown of road
information, 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; and
f. In nonspecial flood hazard areas, the
basement_ ,
i. shall be usable solely for storage, parking, or access;
ii. shall not contain either main electrical or mechanical equipment; and
iii. require installation of sump pumps to collect and discharge the flow rate of
the basement area multiplied by the Rainfall Intensity per hour required
for the structure.
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LI^ a. Unless otherwise required by sections 20-4 or 20-5, for uses other than
"w= residential requiring a floor, the floor elevation shall be a minimum of four
A inches above the base elevation- ,includinq the entrance of a basement. For all
!Li _ areas that serve a residential use, including, mail rooms, lobbies and entrances
to a basement, the floor elevation shall be a minimum of eight inches above the
`°,!- base elevation.
(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, or existing and proposed grade
elevations within the lot(s) whichever is higher. In cases where the base elevation
fronting the land vary greater than one foot along the frontage of the lot(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.
b. 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
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 subsection 20-5(b) herein.
City of Miami Page 5 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
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c. If in the review of a permit application it is determined that in the application
provisions 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 cubeestion-(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 subsection 20-12(i) of this chapter.
(15) Drainage systems as defined herein shall require re -certification every one
hundred and twenty (120) months from the date of final inspection as set forth
herein. The property owner shall be notified of the required re -certification sixty (60)
days in advance of their due date. Properties with three (3) dwelling units or fewer
are exempt from this section. Residential properties with four (4) dwelling units or
more, or where the drainage systems are comprised of five (5) or more drainage
structures on the property shall require that the drainage re -certification be
completed by a registered professional engineer.
a. All relevant information on the existing drainage system, including, but not
limited to, the approved as -built drawings and a detailed description of the
existing drainage, including the intent of the system.
b. A site inspection of the entire drainage system to determine what, if any,
maintenance and repair work is required in order to re -certify the drainage
system in accordance with the following items:
i_ Catch basin prates, manhole covers and outfalls are to be free of
obstructions.
ii. Probe catch basins for mud, debris, silt, etc. (depth of material in a pipe
shall not exceed 5% of the diameter of the pipe and the depth of material in
a catch basin sump shall not exceed 5% of the distance from the bottom of
the structure to the lowest pipe invert).
iii. Check headwalls for deterioration and any signs of erosion.
iv. Check for broken grates.
v. Check weirs and baffles installation (12" min. sump clearance from bottom
of structure to bottom of baffle, if applicable)
vi. Check for areas of sunken or deteriorated pavement which may be a sign
of a drainage problem.
vii. Check for modifications to swales and retention areas.
viii. Check for proper maintenance of swale and retention areas.
ix. Check for alterations to original design and construction of drainage
system.
x. Check for alterations to original design and construction of drainage
system.
xi. Verify that no vegetation exists over drainage system.
c. All pumps shall be inspected by a registered professional enqineer irrespective
of property type. All drywells, including iniection wells, shall be inspected by a
City of Miami Page 6 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
certified well driller irrespective of property type. Pressurized system with wells
and/or pumps shall be certified that it continues to function as designed and
constructed. A gravity type drainage system, such as exfiltration systems shall
require re -certification as per this section i through xi. These systems shall be
required to function as designed, constructed and/or permitted. A detailed
report of inspection and proper function from a registered professional engineer
or certified well driller (as applicable) shall be required for re -certification.
d. Completion of all necessary required maintenance and/or repair work as
denoted by the registered professional engineer as performed by a licensed
contractor and verified by the certifying engineer.
e. All copies of plans and drawings, together with supporting calculations and
documentation submitted must be signed, sealed, and dated by a registered
professional, as required by Chapters 471, 472, 481 or 492, Florida Statutes,
as applicable, when the design of the system requires the services of a
registered professional.
f. A maintenance log, if not already kept by the property owner, will be required
for any future drainage re -certifications. The maintenance log shall include
records related to the operation of the drainage system, including but not
limited, to an estimate of the stormwater volume passing through the system in
a year, dates of inspection and copies of any associated documents that
evidence inspection, and dates of repairs and/or replacements of parts with
type of maintenance and parts replaced, if any.
Existing drainage shall be inspected within 24 months of the adoption of this
ordinance
h. Should property owner be unable to meet the requirements set forth in this
section 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.
i. Drainage systems subject to the requirements in subsection 20-3(15) of this
chapter where the owner fails to timely respond to the notice of required
recertification or fails to make all required repairs or modifications found to be
necessary by the deadline specified in the Code or any written extension
granted by the building official, or designee, shall result in enforcement as
provided in chapter 2, article X of the City Code in addition to any other
enforcement provided in section 20-14.
Sec. 20-4. Development within special flood hazard areas.
(a) No new construction or substantial improvement of any residential structure 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 elevation (100-year flood) plus one foot of freeboard
City of Miami Page 7 of 13 File ID: 16167 (Revision: A) Printed on: 811/2024
File ID: 16167 Enactment Number: 14295
(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 elevation (100-year flood) plus one foot of freeboard,
or if the lowest permitted floor level of such nonresidential structure (including
basement) is below the base flood elevation level then such nonresidential structure
together with attendant utility and sanitary facilities shall be designed with cia
floodproofing up to or above the level of the base flood elevation (100-year flood) plus
one foot of freeboard ; provided that the
lowest floor level of such nonresidential structure is in compliance with section 20-
3(11) (insludieg excluding basement). 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 elevation, and a
record of such certificates indicating the specific elevation as measured in reference
to NAVD 88} to which such structure is floodproofed shall be maintained with the
building official or his/her designee.
Direct access to the common areas for dwelling units or dwelling units shall be
elevated to above the level of the base flood elevation (100-vear flood) plus one
foot of freeboard and dry flood proofing shall be restricted to independent
commercial areas.
7.2,j Designs shall not prevent access to the common areas of dwelling units, and
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>? designs for dry floodproofinq shall require measures or system components that
e 3 do not require human intervention or action before the onset of flooding to be
N :. fr effective.
The lowest point of a basement entrance shall be at a minimum above the base
=4,t elevation or the level of the base flood elevation (100-near flood), whichever is
N " higher plus one foot of freeboard.
(c) All electrical, heating, 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.
(d) All manufactured homes placed, replaced, or substantially improved shall be elevated
so that:
(1) The bottom of the frame of the manufactured home is elevated to or above the
base flood elevation plus one foot of freeboard;
(2) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least an equivalent strength; and
(3) The manufactured home shall be securely anchored to the adequately anchored
foundation system to resist flotation, collapse and lateral movement.
Sec. 20-5. Development within coastal high hazard areas.
City of Miami Page 8 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
(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 elevation
unless said new construction or substantial improvement:
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(e) Latticework, mesh screening, or decorative screening shall be allowed below the
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 structural integrity of the building on which it is to be used and provided the
following design specification is met:
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 Tess 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 Toad less than that which
would occur during the base flood elevation; and
;,; (2) The elevated portion of the building and supporting foundation system shall not
c•'' U^ - be subject to collapse, displacement, or other structural damage due to the
>-r; effects of wind and water loads acting simultaneously on all building
i , components (structural and nonstructural). Water loading values used shall be
"" , t those associated with the base flood elevation. Wind loading values used shall
11- es.1 c be those required by applicable state or local building standards.
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Sec. 20-12. Variances and appeals.
(a) Authority of the -building -official variance review committee. The - iilding-ef+sial
variance review committee shall be comprised of the Building Official, and the
Directors of Resilience and Public Works, Building, Planning, and Zoning. The
variance review committee, acting by majority vote, and pursuant to this section, 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 194414ing-effisial variance review committee 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
lid variance review committee 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
City of Miami Page 9 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
the inhabitants of the city, and therefore variances shall be granted with extreme
caution.
(b) The building -official variance review committee 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 build variance review committee shall review the
information and render his/ier their 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
circulation via the City's website at www.miamiqov.com. All approvals or
'modifications shall not be effective until ten days after the bu ld+n-e#flsial's variance
review committee decision is published ' on the
c.a : City's website at www.miamiqov.com. A courtesy notice containing the decision of the
` b ' variance review committee 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)
Designated Historic Buildings. A variance is authorized to be
issued for repair, improvement, or rehabilitation of a historic building that is
determined eligible for the exception to the flood -resistant construction requirements
of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a
determination that the proposed repair, improvement, or rehabilitation will not
preclude the building's continued designation as a historic building and the variance is
the minimum necessary to preserve the historic character and design of the building.
If the proposed work precludes the building's continued designation as a historic
building, a variance shall not be granted and the building and any repair,
improvement, and rehabilitation shall be subject to the requirements of the Florida
Building Code.
(d) In passing upon all such applications except those pursuant to subsection (c) herein,
the building-e#+sial variance review committee 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;
(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;
City of Miami Page 10 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
(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 variance review committee may attach such conditions, limitations, and
restrictions to any variance as the bulidi g-ef icial variance review committee deems
necessary to further the purposes of this chapter.
(f) 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
t N , 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
_ • W rft 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.
(g) Any applicant to whom a variance is granted shall be given written notice specifying:
(1) That the issuance of a variance to construct a structure below the base flood
elevation 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
(2) Such construction below the base flood elevation level increases risks to life
and property.
(h) The building-efticial variance review committee shall maintain the records of all
variance actions, including justification for their issuance, and report such variances to
the Federal Emergency Management Agency.
(i) Review and appeal. Any person aggrieved by any decision of the building -official
variance review committee may appeal to
and the city manager or their designees within 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 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 variance review
committee. . The appellant
shall have the right to present hi% their position to the review committee Gy
Manager or their designees which shall hear and consider all facts material to the
appeal. The City Manager or their
designees pursuant to the criteria set forth in subsection (f), shall either affirm the
City of Miami Page 11 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Number 14295
building-off-icial variance review committee refusal to grant a variance or reverse the
refusal and grant the variance. The decision of the , City Manager or
their designees 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.
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Sec. 20-14. Penalties for violation. - N
Violation of this chapter may result in suspension or revocation of certificate of
occupancy. rrt N
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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, existing
grade elevations, below 6.00' NAVD 88, or for any filling required immediately adjacent and in
connection with construction or reconstruction of a seawall. Elevated or filled lots are required to
meet the following requirements:
Be enclosed by a perimeter retaining wall, minimum elevated 12" above hiqhest existing
and proposed grade elevations.
Provide a drainage calculation that demonstrates retention of rainwater within
surrounding property lines based on 100-year storm, 20 minutes time of concentration,
per design standards - Miami Dade County - Public Works Manual - Part 2 - Design and
Construction - WC 1.1 Rainfall Intensities-5 min. to 24 hrs.
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 ten (10) days after adoption by the
City Commission.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
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 12 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167
Enactment Number; 14295
Wy ng III, C ys ttor 7/1/2024
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City of Miami Page 13 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024