HomeMy WebLinkAboutLegislation-SUBCity 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 regakdIng
flood plain construction and building requirements to satisfy the requirements of the::: c�
National Flood Insurance Program and achieve consistency with the Florida Building:4
Code; and
WHEREAS, Section 20-3 of the City Code, which addresses development in = 6
special flood hazard areas and nonspecial flood hazard areas, has certain requiremOts tv
as to recertification of the drainage; and v,
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
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
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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File ID: 16167 Enactment Number: 14295
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Sec. 20-1. Definitions. , -.�TL.
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Drainage systems. The surface and subsurface system for the removal of water from or N z
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control of water on the land, including both the natural elements of streams, marshes, swales x 0 N
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.
* * *
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 any passage of vapor
and seepage of water during the flooding event.
(7)
(6)
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
rn buildings to relieve external foundation wall and basement flood pressures.
Construction to resist rupture or collapse caused by water pressure or flooding
. Z" debris.
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i t-=T10) Installation of valves or controls of sanitary and storm drains which will permit
• ``-i_== 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
d , 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 ,
the pubis 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.
* * *
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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 anv 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:
a. Use flood damage -resistant materials and have utility equipment which are
resistant to flood damage; and
b. Have drainage salou4ations 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 %-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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ORIGINAL. BACKUP ORIGINAL CAN BE
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Flle ID: 16167 Enactment Number: 14295
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: ,
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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
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.4the basement area multiplied by the Rainfall Intensity per hour required
I'� for the structure.
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i. shall be usable solely for storage, parking, or access;
(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.
THIS DOCUMENT IS A SUBSTITUTION TO
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 e€-subsecfion (11) of this section the building applicant would be
required to provide flood protection in excess of the requirements of this
chapter, then it shall be the responsibility and authority of the building official or
his/her designee to review such plans and may grant a waiver of the
requirements et -subsection (11-) of this section to provide flood protection which
is no Tess 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.
*
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(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
U_. 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
3~ - 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 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 prates.
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 drywells, including injection wells, shall be inspected by a
City of Miami Page 6 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
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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.
g_ 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: 8) 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 dry
floodproofing tip 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(111(iRoloding 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.
• >-.121 Direct access to the common areas for dwelling units or dwelling units shall be
g' " elevated to above the level of the base flood elevation (100-near flood) plus one
cu Su- foot of freeboard and dry flood proofing shall be restricted to independent
commercial areas.
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Designs shall not prevent access to the common areas of dwelling units, and
a designs for dry floodproofing shall require measures or system components that
do not require human intervention or action before the onset of flooding to be
effective.
Q1 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.
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ORIGINAL. BACKUP ORIGINAL CAN BE
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City of Miami Page 8 of 13 File ID: 16167 (Revision: B) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
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(b) No new construction or substantial improvement shall be undertaken, and no permit I u p
referred to in section 20-3 of this chapter may be issued therefor upon any lands I- a 0
within coastal high hazard areas which are below the level of the base flood elevation m - N
unless said new construction or substantial improvement: N oc 2
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(e) Latticework, mesh screening, or decorative screening shall be allowed below the 2 Lai m W
lowest floor provided it is not part of the structural support of the building and is n d 1-
designed to break away under abnormally high tides or wave action without damage 0 z a
to the structural integrity of the building on which it is to be used and provided the N 3 Lu
following design specification is met: = p H
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
in Lai
c, U ` be subject to collapse, displacement, or other structural damage due to the
,weffects of wind and water Toads acting simultaneously on all building
Li1 components (structural and nonstructural). Water loading values used shall be
those associated with the base flood elevation. Wind loading values used shall
N 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 building-e#isial
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 build 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-o#+sial 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 building -official variance review committee shall review the
information and render hic/hef 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 building ofsial's variance
review committee decision is published ' on the
City's website at www.miamiqov.com. A courtesy notice containing the decision of the
building -official 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.
co ,
abilitation
_ • ,cc ,
C\' . Designated Historic Buildings. A variance is authorized to be
cn ' •issued for repair, improvement, or rehabilitation of a historic building that is
Zdetermined eligible for the exception to the flood -resistant construction requirements
c- of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a
T� 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 subiect to the requirements of the Florida
Building Code.
(d) In passing upon all such applications except those pursuant to subsection (c) herein,
the building-of+cial 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;
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ORIGINAL. BACKUP ORIGINAL CAN BE
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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 -dial variance review committee may attach such conditions, limitations, and
restrictions to any variance as the building -official 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
cp c ``' 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.
`'� "' [y, T(2) Variances shall only be granted upon (i) a showing of good and sufficient cause,
IWI.cv (ii) a determination that failure to grant the variance would result in exceptional
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0. ‘ I > 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
iQ' i 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-e#+sial 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.
Review and appeal. Any person aggrieved by any decision of the building -official
variance review committee may appeal to
(i)
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-ofeial variance review
committee. . The appellant
shall have the right to present his/her their position to the 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
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ORIGINAL. BACKUP ORIGINAL CAN BE
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City of Miami Page 11 of 13 File ID: 16167 (Revision: 8) Printed on: 8/1/2024
File ID: 16167 Enactment Number: 14295
bui ding-e#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 tevie iin
accordance with the Florida Rules of Appellate Procedure.
--4 1
Sec. 20-14. Penalties for violation.
* * * :..�7
Violation of this chapter may result in suspension or revocation of certificate of 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
qrade 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.
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.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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:
WyngIII, C y
6/4/2024
Wy j ng III, C y or -y 8/1/2024
Wy ng III, C y`attor�ey / 7/1/2024
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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.miami• .com
File Number: 16167 Final Action Dat
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CH TER
20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDE("CITY
CODE"), TITLED "FLOOD DAMAGE PREVENTION," PROVIDING
CERTIFICATION OF EXISTING DRAINAGE SYSTEMS, AND PR' IDING
STANDARDS FOR DEVELOPMENT IN SPECIAL FLOOD HA "D AREAS
AND NON SPECIAL FLOOD HAZARD AREAS AS NEWLY D. INED; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Da n Pardo,
Commissioner Manolo Reyes, Commissioner Christine Ki
7/11 /2024
WHEREAS, pursuant to Ordinance No. 10622, ado ed on December 9, 2021, the City
Commission adopted amendments to Chapter 20 of the ' • de of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, Ordinance No. 10622 allowed
flood plain construction and building requiremen
National Flood Insurance Program and achiev
Code; and
WHEREAS, Section 20-3 of the
special flood hazard areas and nonspe
as to recertification of the drainage;
e City Code requirements regarding
o satisfy the requirements of the
onsistency with the Florida Building:::c
Code, which addresses development in; 4
I flood hazard areas, has certain requirements:
r—
WHEREAS, it has been d- ermined that this particular issue needed to be further
clarified for property owners an. `.evelopers so that City of Miami ("City") goals combat
sea level rise and incessant f .ding can be addressed;
NOW, THEREFO , BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. T
adopted and inco
Sectio
•
N
recitals and findings contained in the Preamble to this Ordinance are
rated as if fully set forth in this Section.
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
SUBSTITUTED
File ID: 16167
Sec. 20-1. Definitions.
2024 !I
1-4., E
-2 r+M11:31
r }... ^J i r'�
*
Drainage systems. The surface and subsurface system fo
control of water on the land, including both the natural ele
and ponds, whether of an intermittent or continuous natu
include culverts, drains, ditches, channels, piping, drai
system which collects, conveys, channels, holds, inhi
given area either by drains, grading or other artifici
structure, including but not limited to a culverts, s
ponds with side slopes that must be stabilized
trench/systems, which convey stormwater int
*
Enactment Number. 14295
e removal of water from or
is of streams, marshes, swales
, and man-made elements which
e wells and storage facilities. Any
s, diverts or treats stormwater from a
r natural means thru the use of a drainage
m drains, stormwater retention or detention
artificial means, French drains, or exfiltration
e underlying soil.
*
Existing manufactured home parks d subdivisions. A manufactured home park or
subdivision for which the constructi• of facilities for servicing the lots on which the
manufactured homes are to be aff d (including, at a minimum, the installation of utilities, the
construction of streets, and eith inal site grading or the pouring of concrete pads) is
completed before September 1972.
* * *
Floodproofing. Strural and nonstructural additions, changes, or adjustments (other than
elevating) to nonresi- ntial structures, and utilities which reduce or eliminate flood damage to
water supply and itary sewage facilities, structures and contents of buildings. Floodproofing
includes, by way illustration and not limitation, the following measures:
(
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
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File ID: 16167
Enactment Number: 14295
c-,
cv
�La (10) Installation of valves or controls of sanitary a storm drains which will permit
the drain to be closed to prevent backup of -wage and stormwaters into the
' buildings or structures. Gravity draining o easements may be eliminated by
(5) Addition of mass or weight to structures to resist flotation.
(6) Installation of sump pumps operating at permitted specification to
remove water accumulated due to an •assa•e or LJJ
and seepage of water during the flooding event.
(7) Construction of water supply and wastewater treatment and d .osal systems
to prevent the entrance or infiltration of floodwaters. �.
(8) Pumping facilities or comparable practices for subsurfac- drainage systems for CO
N
buildings to relieve external foundation wall and base
nt
flood pressures.
Construction to resist rupture or collapse caused b ater pressure or flooding
debris.
4 mechanical devices.
(11) Location of all electrical equipment, cuits and installed electrical appliances
in a manner which will assure they re not subject to flooding and to provide
protection from inundation by th_ egulatory flood.
(12) Location of all main electric- -nd mechanical equipment, structures, storage
facilities for chemicals, exp ,sives, buoyant materials, flammable liquids or
other toxic materials whi could be hazardous to the public health, safety, and
welfare in a manner w will assure that the facilities are situated to or above
the base flood elevat , plus one foot of freeboard.
Miami -Dade County flood cr -ria maps. The official maps of Miami -Dade County showing the
required minimum finished g de elevation of the ground surface within a development site as
adopted by the Board of C• : my Commissioners and recorded in ,
the sula4is official records of Miami -Dade County, as amended
from time to time.
* * *
Residential . residence. Any lot, plot, parcel, tract, area, piece of land or building used
exclusively fo amily dwelling purposes or intended to be so used.
* * *
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 subject to a one percent (1 % r greater
chance of flooding in any given year. Special flood hazard areas are shown on FIR 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 floo• azard areas.
* * *
(2) Review permit applications for construction, developm= or other improvements
within said areas to determine that the proposed acti ' es:
a. Use flood damage -resistant materials and h. e utility equipment which are
resistant to flood damage; and
b. Have drainage salGtilations that demon rate retention of rainwater within
surrounding property lines.
..
Cr)
C -• c�
Lsj - �:.
- 1.-g calculations shall be based
"� standards of the Miami -Da
I • 1.— and Construction - WC 1
c: intensities) from the M.
Cr. t :� concentration times
The drainage
a one hundred (100) year storm, per design
County Public Works Manual - Part 2 - Desiqn
Rainfall Intensities - 5 min. to 24 hrs. (Rainfall
i-Dade County Public Works Manual with
scribed below:
i. For residenti se, with fewer than four (4) dwelling units, the drainage
calculation ' st be based on a eight -hour time of concentration.
ii. For resid= [al use, with four (4) or more dwelling units, and all other uses,
the drai ► qe calculation must be based on a 1/2-hour time of
conce • ration.
(3) Review p it applications for new construction or substantial improvements
within s. • areas to assure that the proposed construction:
a.
rotected against flood damage;
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;
City of Miami
Page 4 of 13
File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167
Enactment Number: 14295
1211 AUG -2 AMU: I: 31
d. Provides in the plans part of the permit application the appropriate fl
information including Miami -Dade County flood criteria, crown of r• .d
information, flood hazard area and base flood elevation;
dplain
e. Electrical, heating, ventilation, plumbing, air conditioning equ ent, and
other service facilities are designed and/or located to prey- water entry or
accumulation; and
f. In nonspecial flood and areas, the
basement
i. shall be usable solely for storage, parking, • access;
ii. shall not contain either main electrical o echanical equipment; and
iii. require installation of sump pumps t' collect and discharge the flow rate of
the basement area multiplied by t, - Rainfall Intensity per hour required
for the structure.
w
a. Unless oth- Ise required by sections 20-4 or 20-5, for uses other than
'-" - residentia equiring a floor, the floor elevation shall be a minimum of four
(11) For the purpose of this section •ase elevation" shall be defined as the elevation
established by the Miami -Da. - County flood criteria map, or the elevation of the
crown of road or street abu ng 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 g .ter than one foot along the frontage of the lot(s), then an
alternative engineereolution for flood protection may be presented to the
building official or h' • er designee in consultation with the director of resilience
and public works.
inches . -ove the base elevation- ,includinq the entrance of a basement. For all
areas at serve a residential use, including, mail rooms, lobbies and entrances
to a sement, the floor elevation shall be a minimum of eight inches above the
1.
b. elevation.
w
he 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.
SUBSTITUTED
City of Miami
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C21
LL4.0
File ID: 16167
Enactment Number: 14295
C.J
1
c. If in the review of a permit application it is determined that in the applic ion
provisions of this section the building applicant wo '• be
required to provide flood protection in excess of the requirements o is
chapter, then it shall be the responsibility and authority of the buil• g official or
his/her designee to review such plans and may grant a waiver • he
requirements ef-subsestion (11) of this section to provide floo• •rotection which
is no less than the flood protection required by this chapter • . sed upon good
engineering practice. Said decision shall be subject to ap• al in accordance
with subsection 20-12(i) of this chapter.
(15) Drainage systems as defined herein shall require re -rtification every one
hundred and twenty (120) months from the date of al inspection as set forth
herein. The property owner shall be notified of the -quired re -certification sixty (60)
days in advance of their due date. Properties wi three (3) dwelling units or fewer
are exempt from this section. Residential pro • les with four (4) dwelling units or
more, or where the drainage systems are co ► •rised of five (5) or more drainage
structures on the property shall require tha e drainage re -certification be
completed by a registered professional er ineer.
Lai
w
a. All relevant information on the exi- ng drainage system, including, but not
limited to, the approved as -built ' awings and a detailed description of the
existing drainage, including thz tent of the system.
b. A site inspection of the enti drainage system to determine what, if any,
maintenance and repair rk is required in order to re -certify the drainage
system in accordance the following items:
manhole covers and outfalls are to be free of
Probe catch• .sins for mud, debris, silt, etc. (depth of material in a pipe
shall not ex •ed 5% of the diameter of the pipe and the depth of material in
n sump shall not exceed 5% of the distance from the bottom of
re to the lowest pipe invert).
eadwalls for deterioration and any signs of erosion.
iv. for broken grates.
v. k weirs and baffles installation (12" min. sump clearance from bottom
o .tructure to bottom of baffle, if applicable)
vi. eck 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.
vi Check for proper maintenance of swale and retention areas.
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.
i_ Catch basin Brat
obstructions.
il.
a catch b
the stru
Check
Che
Ch
c. All pumps shall be inspected by a registered professional engineer irrespective
of property type. All dwells, including iniection wells, shall be inspected by a
SUBSTITUTED
City of Miami
Page 6 of 13 File !D: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment Nu
r: 14295
certified well driller irrespective of property type. Pressurized syste ith wells
and/or pumps shall be certified that it continues to function as desied and
constructed. A gravity type drainage system, such as exfiltration - stems shall
require re -certification as per this section i through xi. These sy ems shall be
required to function as designed, constructed and/or permitte• A detailed
report of inspection and proper function from a registered pr, essional engineer
or certified well driller (as applicable) shall be required for r -certification.
d. Completion of all necessary required maintenance and/ repair work as
denoted by the registered professional engineer as p: ormed by a licensed
contractor and verified by the certifying engineer.
e. All copies of plans and drawings, together with s .porting calculations and
documentation submitted must be signed, seal: and dated by a registered
professional, as required by Chapters 471, 47 , 481 or 492, Florida Statutes,
as applicable, when the design of the syste -'requires the services of a
registered professional.
f. A maintenance log, if not already kept
for any future drainage re-certificatio
records related to the operation of t
limited, to an estimate of the stor
a year, dates of inspection and c
evidence inspection, and dates
type of maintenance and part
a
g, Existing drainage shall be spected within 24 months of the adoption of this
1-- tc ordinance
"_'
the property owner, will be required
The maintenance log shall include
drainage system, including but not
ater volume passing through the system in
es of any associated documents that
f repairs and/or replacements of parts with
eplaced, if any.
cv _ h. Should property own
section then an alte
presented to the
director of resili
e unable to meet the requirements set forth in this
ative engineered solution for flood protection may be
(ding official or his/her designee in consultation with the
ce and public works.
i. Drainage sys ms subject to the requirements in subsection 20-3(15) of this
chapter wh: e the owner fails to timely respond to the notice of required
recertifica •n or fails to make all required repairs or modifications found to be
necessa by the deadline specified in the Code or any written extension
grantee •y the building official, or designee, shall result in enforcement as
provi• d in chapter 2, article X of the City Code in addition to any other
enfement provided in section 20-14.
Sec. 20-4. De lopment within special flood hazard areas.
(a) new construction or substantial improvement of any residential structure shall be
ermitted 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
SUBSTITUTED
City of Miami
Page 7 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167 Enactment mber: 14295
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C)
(b)
No new construction or substantial improvement of any nonresidential s
be permitted in special flood hazard areas, and no building permit refe
20-3 of this chapter shall be issued therefor, unless said new constr
substantial improvement has the lowest floor (including basement)
above the level of the base flood elevation (100-year flood) plus
or if the lowest permitted floor level of such nonresidential struc
basement) is below the base flood elevation level then such n
together with attendant utility and sanitary facilities shall be
floodproofing up to or above the level of the base flood ele
one foot of freeboard
lowest floor level of such nonresidential structure is in c'
3(11) (including excluding basement). Where floodp
structure, a registered professional engineer or arc
floodproofing methods are adequate to withstand
velocities, impact and uplift forces associated w
record of such certificates indicating the specif
to NAVD 88) to which such structure is flood
building official or his/her designee.
cture shall
d to in section
ion or
evated to or
e foot of freeboard,
e (including
residential structure
signed with
tion (100-year flood) plus
provided that the
pliance with section 20-
ofing is utilized for a particular
ect shall certify that the
e flood depth, pressures,
the base flood elevation, and a
elevation as measured in reference
oofed shall be maintained with the
al Direct access to the common areas
elevated to above the level of the
foot of freeboard and dry flood pr
commercial areas.
r dwelling units or dwelling units shall be
se flood elevation (100-year flood) plus one
finq shall be restricted to independent
Designs shall not prevent a -ss to the common areas of dwelling units, and
�-" designs for dry floodproofi • shall require measures or system components that
do not require human int: ention or action before the onset of flooding to be
:Al- effective.
tom.
The lowest point of
elevation or the le
higher Dlus one f''.t
asement entrance shall be at a minimum above the base
of the base flood elevation (100-year flood), whichever is
of freeboard.
(c) All electrical, hea g, air conditioning equipment, ventilation, plumbing, and other
service facilities ncluding duct work, shall be elevated to or above the base flood
elevation plus e foot.
(d) All manufa red homes placed, replaced, or substantially improved shall be elevated
so that:
(1) The %ottom of the frame of the manufactured home is elevated to or above the
b- `- flood elevation plus one foot of freeboard;
2 he 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
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File ID: 16167
Enactment Number: 14295
* *
(b) No new construction or substantial improvement shall be undertaken, an• o permit
referred to in section 20-3 of this chapter may be issued therefor upon y lands W
within coastal high hazard areas which are below the level of the bas: ood elevation 1-
unless said new construction or substantial improvement:
1-
*
*
*
(e) Latticework, mesh screening, or decorative screening shall < - allowed below the
lowest floor provided it is not part of the structural support the building and is m
designed to break away under abnormally high tides or ! ve action without damage
to the structural integrity of the building on which it is t• .e used and provided the (,%)
following design specification is met:
For the purposes of this section, a non -load beari . wall is a breakaway wall and
shall have a design safe loading resistance of less than ten and no more than
20 pounds per square foot. Use of breakaway alls which exceed a design safe
loading resistance of 20 pounds per square ; of (either by design or when so
required by local or state codes) may be p mitted only if a registered professional
engineer or architect certifies that the de- • ns proposed meet the following
conditions:
(1) Breakaway wall collapse shall ro It from a water load less than that which
would occur during the base fl .d elevation; and
(2) The elevated portion ofth- .uilding and supporting foundation system shall not
- be subject to collapse, di •lacement, or other structural damage due to the
>-1: effects of wind and wat• loads acting simultaneously on all building
1—"lc components (structur and nonstructural). Water loading values used shall be
z those associated wi the base flood elevation. Wind loading values used shall
i r n' be those required applicable state or local building standards.
ca
L.J
* * *
c..a
Sec. 20-12. Variances • d appeals.
(a) Authority the ildings#+sial variance review committee. The iiding-e#+sial
varianc= eview committee shall be comprised of the Building Official, and the
Direct- s of Resilience and Public Works, Building, Planning, and Zoning. The
varice review committee, acting by maiority vote, and pursuant to this section, shall
ha the authority and duty to consider and act upon applications for a variance from
t-'-se regulations for properties located within the corporate limits of the City of Miami,
lorida. The building-of#iciall 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 o fcial 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
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Enactment Number: 14295
File ID: 16167
(b)
(c)
(d)
issued for repair, improvem
determined eligible for the
of the Florida Building Co
determination that the p
preclude the building'
the minimum neces
If the proposed wo
building, a varian
improvement,
Building Cod
In passing
the
all relev
t
the inhabitants of the city, and therefore variances shall be granted with extr
caution.
The wilding-e#+siat variance review committee may grant variances fro
this chapter as will not be contrary to the public interest, where owing
conditions, a literal enforcement of the provisions hereof will result i
hardship, and so the spirit of the regulations shall be observed and
done; provided, that the variance will be in harmony with the gen
intent of this chapter and that the same is the minimum varianc
reasonable use of the premises. Upon receipt of all necessary
staff report, the buiid♦ngefcial variance review committee s
information and render his/heF their decision, either approv
the request. The decision and supporting documentation
director of the building department who shall document
record. A copy of said decision shall be published
circulation via the City's website at www.miamiqov.c
Modifications shall not be effective until ten days a
review committee decision is published •
City's website at www.miamigov.com. A courte
bonding official variance review committee m
property owners of record, their tenants, or
application. The failure to mail or receive s
action or proceedings taken hereunder.
the terms of
special
xceptional
ubstantial justice
I purpose and
hat will permit the
formation including a
II review the
g, modifying or denying
all be reviewed by the
ncurrence as part of the
. All approvals or
r the laiiiiding-officialls variance
on the
notice containing the decision of the
be mailed to adjacent and abutting
it agents, that are duly noted on the
h courtesy notice shall not affect any
Design. d Historic Buildings. A variance is authorized to be
, or rehabilitation of a historic building that is
ception to the flood -resistant construction requirements
, Existing Building, Chapter 12 Historic Buildings, upon a
posed repair, improvement, or rehabilitation will not
ontinued designation as a historic building and the variance is
to preserve the historic character and design of the building.
precludes the building's continued designation as a historic
shall not be granted and the building and any repair,
rehabilitation shall be subject to the requirements of the Florida
on all such applications except those pursuant to subsection (c) herein,
variance review committee shall consider all technical evaluations,
factors, all standards specified in other sections of this chapter, and:
(1) T danger that material may be swept onto other lands to the injury of others;
(2) e 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;
) 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
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File ID: 16167
Enactment Number: 14295
(7)
(8)
(9)
(10)
The compatibility of the proposed use with existing and anticipated dev- • pment;
The relationship of the proposed use to the comprehensive plan and f odplain
management program for that area;
The safety of access to the property in times of flood for ordinary emergency
vehicles;
The expected heights, velocity, duration, rate of rise and sedim: t transport of
the floodwaters and the effects of wave action, if applicable,-_'•ected at the site;
and
(11) The costs of providing governmental services during and er flood conditions
including maintenance and repair of public utilities and cilities such as sewer,
gas, electrical and water systems, and streets and bri' •es.
(e) Upon consideration of the factors listed above, and the pu oses of this chapter, the
boils g-effisial variance review committee may attach s conditions, limitations, and
restrictions to any variance as the i uilding-e#+sial varia e review committee deems
necessary to further the purposes of this chapter.
(f) Criteria for variances.
(g)
Variances shall only be granted upon a d
minimum necessary, considering the flo
instance of a historical building, a dete
minimum necessary in order not to d
the building.
Variances shall only be granted
(ii) a determination that failure t
hardship, and (iii) a determina
increased flood heights, addi
expense, create nuisance,
rmination that the variance is the
hazard, to afford relief; and in the
'nation that the variance is the
troy the historic character and design of
u • • n (i) a showing of good and sufficient cause,
rant the variance would result in exceptional
n that the granting of a variance will not result in
nal threats to public safety, extraordinary public
use fraud on or victimization of the public, or
conflict with existing local . ws or ordinances.
Any applicant to whom a varice is granted shall be given written notice specifying:
(1) That the issuance of : variance to construct a structure below the base flood
elevation level will sult in increased premium rates for flood insurance up to
amounts as big - $25.00 for $100.00 of insurance coverage, and
(2) Such construct below the base flood elevation level increases risks to life
and property.
(h) The building offici variance review committee shall maintain the records of all
variance actions ncluding justification for their issuance, and report such variances to
the Federal E rgency Management Agency.
(i) Review and • peal. Any person aggrieved by any decision of the building-efficial
variance r ew committee may appeal to
and the Ity manager or their designees within 15 days after the date of the decision
comp ned of, a written notice of appeal which shall set forth concisely the decision
app: led from and the reasons or grounds for appeal. The building director is
re• ired to schedule the appeal for hearing at the earliest possible date, and cause
ice thereof to be served upon the appellant and the building-o#icial variance review
ommittee. . The appellant
shall have the right to present his/her their position to the City
Manager or their designees which shall hear and consider all facts material to the
appeal. The Citv 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
mber: 14295
b ' variance review committee refusal to grant a variance o ' everse the
refusal and grant the variance. The decision of the review committee, ' itv Manager or
their designees which shall be rendered within 15 days after conclu '•n of the
hearing, shall constitute final administrative review. Any person ag• leved by any
decision of the review committee on an appeal shall be entitled t• udicial review in
accordance with the Florida Rules of Appellate Procedure.
0
Sec. 20-14. Penalties for violation. t
N
L Violation of this chapter may result in suspension o - evocation of certificate of .C3
c�
N
occupancy.
Sec. 20-17. Fill prohibition for areas not covered by ructures.
With the exception of any legally permitted b Iding or accessory structure, no other portion
of a lot, as defined by the Miami 21 Code, the , • ning ordinance of the City of Miami, Florida, as
amended, that is below the crown of road or lami-Dade County flood criteria maps, whichever
is lower, may be elevated or filled so as to . - iterate the natural contour of the lot. This section
shall not apply to any work necessary to p •vide reasonable vehicular access to the lot, existing
grade elevations, below 6.00' NAVD 88, -r for any filling required immediately adjacent and in
connection with construction or recons ction of a seawall. Elevated or filled lots are required to
meet the following requirements:
Be enclosed by a perimeter etaininq wall, minimum elevated 12" above highest existing
and proposed grade elev- ons.
13) Provide a drainage cal. A lation that demonstrates retention of rainwater within
surrounding property es based on 100-year storm, 20 minutes time of concentration,
per design standar. Miami Dade County - Public Works Manual - Part 2 - Design and
Construction - WC .1 Rainfall Intensities-5 min. to 24 hrs.
Section 3. I ny section, part of section, paragraph, clause, phrase, or word of this
Ordinance is decled invalid, the remaining provisions of this Ordinance shall not be affected.
Section . This Ordinance shall become effective ten (10) days after adoption by the
City Commis- .n.2
2 This ' dinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days •m the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effe' ive immediately upon override of the veto by the City Commission or upon the effective date stated
he -in, whichever is later.
SUBSTITUTED
City of Miami
Page 12 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024
File ID: 16167
Enactment Number: 14295
SUBSTITUTED
City of Miami
Page 13 of 13 File ID: 16167 (Revision: A) Printed on: 8/1/2024