Ordinance No. 2022-06 Amending Code Relating to FloodPlain Management and Flood Resistant Development Regulations - April 5, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE IV, "FLOODS," OF CHAPTER 30, "ENVIRONMENT," OF THE
CITY CODE OF ORDINANCES RELATING TO FLOODPLAIN
MANAGEMENT AND FLOOD RESISTANT DEVELOPMENT
REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida
Statutes, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special
flood hazard areas within the boundaries of the City of Aventura (the "City") and such
areas may be subject to periodic inundation which may result in loss of life and property,
health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety and general welfare; and
WHEREAS, the Florida Division of Emergency Management reviewed Ordinance
Number 2022-05, adopted on February 1 , 2022, and identified recommended revisions
and required corrections necessary to achieve consistency with the National Flood
Insurance Program and the Florida Building Code; and
WHEREAS, the City Commission desires to update its flood regulations under
Article IV, "Floods," of Chapter 30 of the City Code to meet the requirements of Title 44
Code of Federal Regulations, Sections 59 and 60, necessary to continue participation in
the NFIP; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest
of the City and the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:'
Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by stFik�b.
City of Aventura Ordinance No. 2022-06
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. Amendments. That Article IV, "Floods," of Chapter 30 of the Code
of Ordinances of the City of Aventura, Florida, is hereby amended as set forth in Exhibit
"A," attached hereto and incorporated herein.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura, that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions, and that the
word Ordinance shall be changed to Section or other appropriate word.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or
parts of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved
its adoption on first reading. This motion was seconded by Commissioner Landman and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Rachel S. Friedland Yes
Mayor Enid Weisman Yes
Page 2 of 27
City of Aventura Ordinance No. 2022-06
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on second reading. This motion was seconded by Commissioner Landman and
upon being put to a vote, the vote was as follows:
Commissioner Billy Joel Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Rachel S. Friedland Yes
Mayor Enid Weisman Yes
PASSED on first reading on this 15th day of March, 2022.
PASSED AND ADOPTED on second reading on this 5th day of April, 2022.
yr, RACH L S. FRIEDLAND, VICE MAYOR
Cary �! rGxc�``
ATTEST:
ELLISA L. HORVA H, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 27
City of Aventura Ordinance No. 2022-06
EXHIBIT A
Exhibit A Page 4 of 27
City of Aventura Ordinance No. 2022-06
Chapter 30 — Environment
ARTICLE IV. — FLOODS
DIVISION 1 — FLOODPLAIN MANAGEMENT ADMINISTRATION.
Section 30-121 . - General.
(a) Title. These regulations shall be known as the Floodplain Management Ordinance of
the City of Aventura.
(b) Scope. The provisions of this article shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the subdivision of land;
filling, grading, and other site improvements and utility installations; construction, alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of
buildings, structures, and facilities that are exempt from the Florida Building Code;
installation or replacement of tanks;; installation of swimming pools; and any other
development.
(c) Intent. The purposes of this article and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety, and general welfare and to minimize public and
private losses due to flooding through regulation of development in flood hazard areas
to:
(1) Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
(2) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase
flood damage or erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development
of flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for City
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Exhibit A Page 5 of 27
City of Aventura Ordinance No. 2022-06
(d) Coordination with the Florida Building Code. This article is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited,
ASCE 24 refers to the edition of the standard that is referenced by the Florida Building
Code.
(e)Warning. The degree of flood protection required by this article and the Florida Building
Code, as amended by the City, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and
will occur. Flood heights may be increased by man-made or natural causes. This article
does not imply that land outside of mapped special flood hazard areas, or that uses
permitted within such flood hazard areas, will be free from flooding or flood damage. The
flood hazard areas and base flood elevations contained in the Flood Insurance Study and
shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal
Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management
Agency, requiring the City to revise these regulations to remain eligible for participation
in the National Flood Insurance Program. No guaranty of vested use, existing use, or
future use is implied or expressed by compliance with this article.
(f) Disclaimer of Liability. This article shall not create liability on the part of the City, the
City Commission, or by any officer or employee thereof for any flood damage that results
from reliance on this article or any administrative decision lawfully made thereunder.
Section 30-122. -Definitions.
Unless otherwise expressly stated, the following words and terms shall, for the purposes
of this article, have the meanings shown in this section. Where terms are not defined in
this article and are defined in the Florida Building Code, such terms shall have the
meanings ascribed to them in that code. Where terms are not defined in this article or
the Florida Building Code, such terms shall have ordinarily accepted meanings such as
the context implies.
Accessory structure means a non-habitable, garage or storage building or structure on
a lot or parcel subordinate to and not forming an integral part of the main or principal
building, but pertaining to the use of the main building.
Appeal means a request for a review of the Floodplain Administrator's interpretation of
any provision of this article.
ASCE 24 means a standard titled Flood Resistant Design and Construction that is
referenced by the Florida Building Code. ASCE 24 is developed and published by the
American Society of Civil Engineers, Reston, VA.
Base flood means a flood having a 1-percent chance of being equaled or exceeded in
any given year. The base flood is commonly referred to as the "l00-year flood" or the
1-percent-annual chance flood."
Base flood elevation (BFE) means the elevation of the base flood, including wave height,
relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
Exhibit A Page 6 of 27
City of Aventura Ordinance No. 2022-06
(NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
Basement means the portion of a building having its floor subgrade (below ground level)
on all sides.
Coastal A Zone means an area within a special flood hazard area, landward of a V zone
or landward of an open coast without mapped coastal high hazard areas. In a coastal A
zone, the principal source of flooding must be astronomical tides, storm surges, seiches
or tsunamis, not riverine flooding. During the base flood conditions, the potential for
breaking wave height shall be greater than or equal to 1 '/2 feet (457 mm). The inland
limit of the Coastal A Zone is (a) the Limit of Moderate Wave Action if delineated on a
FIRM, or (b) designated by the City.
Coastal GGnstrUGUGn Gentrol hine means the "ne established by the State of Florida
pursuant o sect�-en 161.053,rrr C.C., and reGGYQed onr the nffiGial re eriJofthe Gityi whiGh
defines that portion of the beaGh dune systern subjeGt tG severe fIUGtuatiens based en a
1 0 year sterm surge�te m waves er other pr�Gtable weather�Ttions
y", "� f � arc-avccr cTvi-r..T
Coastal high hazard area means a special flood hazard area extending from offshore to
the inland limit of a primary frontal dune along an open coast and any other area subject
to high velocity wave action from storms or seismic sources. Coastal high hazard areas
are also referred to as "high hazard areas subject to high velocity wave action" or "V
Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VIE,
or V.
Design flood means the. The flood associated with the greater of the following two areas:
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any
year; or
(2) Area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
Design flood elevation means the elevation of the "design flood," including wave height,
relative to the datum specified on the City's legally designated flood hazard map. In
areas designated as Zone AO, the design flood elevation shall be the elevation of the
highest existing grade of the building's perimeter plus the depth number (in feet)
specified on the flood hazard map. In areas designated as Zone AO where the depth
number is not specified on the map, the depth number shall be taken as being equal to
2 feet.
Development means any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, tanks, temporary structures,
temporary or permanent storage of equipment or materials, mining, dredging, filling,
grading, paving, excavations, drilling operations or any other land disturbing activities.
Exhibit A Page 7 of 27
City of Aventura Ordinance No. 2022-06
Existing building and existing structure means any buildings and structures for which the
"start of construction" commenced before September 29, 1972.
Federal Emergency Management Agency (FEMA) means the federal agency that, in
addition to carrying out other functions, administers the National Flood Insurance
Program.
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials mean any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining any
damage that requires more than cosmetic repair.
Flood hazard area means the greater of the following two areas:
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding
in any year.
(2) The area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM) means the official map of the City on which the
Federal Emergency Management Agency has delineated both special flood hazard
areas and the risk premium zones applicable to the City.
Flood Insurance Study (FIS) means the official report provided by the Federal
Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map (if applicable), the water surface elevations of the base
flood, and supporting technical data.
Floodplain Administrator means the office or position designated and charged with the
administration and enforcement of this article (may be referred to as the Floodplain
Manager).
F400dplain development permit or approval means an OffiGial dE)Gurnent Or GeFtifiGate
0ssued—by the City,etiFer evidenGe of approval OF enGUrre Ge, whriGh authorizes
perfermanGe of speGifiG development aGtivities that are IGGated on fleed hazard areas and
that are determined to he Gomoliont with this ordinonne
e.
Florida Building Code means the family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building, Florida Building Code,
Residential; Florida Building Code, Existing Building, Florida Building Code, Mechanical;
Florida Building Code, Plumbing, Florida Building Code, Fuel Gas.
Exhibit A Page 8 of 27
City of Aventura Ordinance No. 2022-06
Functionally dependent use means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water, including only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities; the term does not include
long-term storage or related manufacturing facilities.
Highest adjacent grade means the. The highest natural elevation of the ground surface
prior to construction next to the proposed walls or foundation of a structure.
Historic structure means any structure that is determined eligible for the exception to the
flood hazard area requirements of the Florida Building Code, Existing Building, Chapter
12 Historic Buildings.
Letter of Map Change (LOMC) means an official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.
Letters of Map Change include:
(1) Letter of Map Amendment (LOMA)- An amendment based on technical data
showing that a property was incorrectly included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map
and establishes that a specific property, portion of a property, or structure is not
located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may
show changes to flood zones, flood elevations, special flood hazard area
boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a
structure or parcel of land has been elevated by fill above the base flood elevation
and is, therefore, no longer located within the special flood hazard area. In order
to qualify for this determination, the fill must have been permitted and placed in
accordance with the City's floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment
as to whether a proposed flood protection project or other project complies with
the minimum NFIP requirements for such projects with respect to delineation of
special flood hazard areas. A CLOMR does not revise the effective Flood
Insurance Rate Map or Flood Insurance Study; upon submission and approval of
certified as-built documentation, a Letter of Map Revision may be issued by FEMA
to revise the effective FIRM.
Lowest floor means the lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, other than
a basement, usable solely for vehicle parking, building access or limited storage provided
that such enclosure is not built so as to render the structure in violation of the non-
elevation requirements of the Florida Building Code or ASCE 24.
Market value means the ice at whiGi-a property Will Ghange hands between willing
buyer and a willing seller, neither party being under GOMPUlsion to buy er sell and both
having reasonable knowledge of relevant faGtS. As used On this aFtiGle, the term refers
to the market value of buildings and structures, excluding the land and other
Exhibit A Page 9 of 27
City of Aventura Ordinance No. 2022-06
improvements on the parcel. Market value is the may be established by a qualified
0ndependent appraiser Actual Cash Value (in-kind replacement cost depreciated for
age, wear and tear, neglect, and quality of construction) established by a qualified
independent appraiser, or tax assessment value adjusted to approximate market value
by a factor provided by the Property Appraiser.
New construction means for the purposes of administration of this article and the flood
resistant construction requirements of the Florida Building Code, structures for which the
"start of construction" commenced on or after September 29, 1972 and includes any
subsequent improvements to such structures.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Special flood hazard area means an area in the floodplain subject to a 1 percent or
greater chance of flooding in any given year. Special flood hazard areas are shown on
FIRMs as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, VIE or V.
Start of construction means the date of issuance of permits for new construction and
substantial improvements, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within 180
days of the date of the issuance. The actual start of construction means either the first
placement of permanent construction of a building on a site, such as the pouring of slab
or footings, the installation of piles, or the construction of columns. Permanent
construction does not include land preparation (such as clearing, grading, or filling), the
installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main buildings.
For a substantial improvement, the actual "start of construction" means the first alteration
of any wall, ceiling, floor or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Substantial damage means damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before-damaged condition
would equal or exceed 50 percent of the market value of the building or structure before
the damage occurred.
Substantial improvement means any combination of repair, reconstruction, rehabilitation,
alteration, addition, or other improvement of a building or structure taking place during a
five year period, the cumulative cost of which equals or exceeds 50 percent of the market
value of the building or structure before the improvement or repair is started. The period
of accumulation begins when the first improvement or repair of each building is permitted
after February 15, 2021 . If the structure has incurred "substantial damage," any repairs
are considered substantial improvement regardless of the actual repair work performed.
The term does not, however, include either:
(1) Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are
Exhibit A Page 10 of 27
City of Aventura Ordinance No. 2022-06
the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
(3) Repairs for damage from any origin which are determined to be less than
substantial damage.
Variance means a grant of relief from the requirements of this article, or the flood
resistant construction requirements of the Florida Building Code, which permits
construction in a manner that would not otherwise be permitted by this article or the
Florida Building Code.
Section 30-123. - Applicability.
(a) General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
(b) Areas to which this article applies. This article shall apply to all areas of the City of
Aventura.
(c) Basis for establishing flood hazard areas. The Flood Insurance Study for Miami-
Dade County, Florida and Incorporated Areas dated September 11 , 2009, and all
subsequent amendments and revisions, and the accompanying Flood Insurance Rate
Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted
by reference as a part of this article and shall serve as the minimum basis for establishing
flood hazard areas. Studies and maps that establish flood hazard areas are on file at the
City of Aventura Government Center, 19200 West Country Club Drive.
(d) Other laws. The provisions of this article shall not be deemed to nullify any provisions
of local, state, or federal law.
(e) Abrogation and greater restrictions. This article supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to
repeal or abrogate any existing ordinances including but not limited to land development
regulations, zoning ordinances, stormwater management regulations, or the Florida
Building Code. In the event of a conflict between this article and any other ordinance,
the more restrictive shall govern. This article shall not impair any deed restriction,
covenant or easement, but any land that is subject to such interests shall also be
governed by this article.
(f) Interpretation. In the interpretation and application of this article, all provisions shall
be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Exhibit A Page ll of 27
City of Aventura Ordinance No. 2022-06
Section 30-124. - Duties and Powers of the Floodplain Administrator.
(a) Designation. The Public Works/Transportation Department Director is designated as
the Floodplain Administrator. The City Manager's designee shall serve as the City's-
Floodplain Administrator. T; 's Floodplain Administrator shall be
fleedplain manager and shall maintain fleedplain management GertifiGatien at all torn
whole serving as the r�FloodplainAdministrator. The Floodplain Administrator may
delegate pe`�rfor`mance of certain duties to other employees provided such employees
obtain and maintain certified floodplain manger certification from the Association of State
Floodplain Managers, Inc.
(b) General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this article. The Floodplain Administrator shall have the
authority to render interpretations of this article consistent with the intent and purpose of
this article and may establish policies and procedures in order to clarify the application
of its provisions. Such interpretations, policies, and procedures shall not have the effect
of waiving requirements specifically provided in this article without the granting of a
variance pursuant to Section 30-128 of this article.
(c) Applications and permits. The Floodplain Administrator, in coordination with other
pertinent offices of the City, shall:
(1) Review applications and plans to determine whether proposed new development
will be located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard
areas for compliance with the requirements of this article;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination
shall have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be
reasonably safe from flooding;
(7) Issue development permits for development other than buildings and structures
that are subject to the Florida Building Code, including buildings, structures and
facilities exempt from the Florida Building Code, when compliance with this article
is demonstrated, or disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood
hazard areas comply with the applicable provisions of this article.
(d) Substantial improvement and substantial damage determinations. For applications
for building permits to improve buildings and structures, including alterations, movement,
Exhibit A Page 12 of 27
City of Aventura Ordinance No. 2022-06
enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other
improvement of or work on such buildings and structures, the Floodplain Administrator,
in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; the determination requires
evaluation of previous permits issued for improvements and repairs as specified
in the definition of "substantial improvement"; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this article is
required.
(e) Modifications of the strict application of the requirements of the Florida Building Code.
The Floodplain Administrator shall review requests submitted to the Building Official that
seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such
requests require the granting of a variance pursuant to Section 30-128 of this article.
(f) Notices and orders. The Floodplain Administrator shall coordinate with appropriate
local agencies for the issuance of all necessary notices or orders to ensure compliance
with this chapter.
(g) Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 30-127 of this article for development that is not subject to the Florida
Building Code, including buildings, structures and facilities exempt from the Florida
Building Code. The Floodplain Administrator shall inspect flood hazard areas to
determine if development is undertaken without issuance of a permit.
(h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
other duties, including but not limited to:
(1) Establish, in coordination with the Building Official, procedures for administering
and documenting determinations of substantial improvement and substantial
damage made pursuant to Section 30-124(d) of this article.
(2) Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information
Exhibit A Page 13 of 27
City of Aventura Ordinance No. 2022-06
necessary to maintain the Flood Insurance Rate Maps if the analyses propose to
change base flood elevations, or flood hazard area boundaries; such submissions
shall be made within 6 months of such data becoming available.
(3) Review required design certifications and documentation of elevations specified
by this article and the Florida Building Code to determine that such certifications
and documentations are complete.
(4) Notify the Federal Emergency Management Agency when the corporate
boundaries of the City are modified.
(5) Advise applicants for new buildings and structures, including substantial
improvements, that are located in any unit of the Coastal Barrier Resources
System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and
the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood
insurance is not available on such construction; areas subject to this limitation are
identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System
Areas" and "Otherwise Protected Areas."
(h) Floodplain management records. Regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary
for the administration of this article and the flood resistant construction requirements of
the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change;
records of issuance of permits and denial of permits; determinations of whether proposed
work constitutes substantial improvement or repair of substantial damage; required
design certifications and documentation of elevations specified by the Florida Building
Code and this article; notifications to adjacent communities, FEMA, and the state related
to alterations of watercourses; assurances that the flood carrying capacity of altered
watercourses will be maintained; documentation related to appeals and variances,
including justification for issuance or denial; and records of enforcement actions taken
pursuant to this article and the flood resistant construction requirements of the Florida
Building Code. These records shall be available for public inspection at the City of
Aventura Government Center, 19200 West Country Club Drive.
Section 30-125. - Permits.
(a) Permits required. Any applicant who intends to undertake any development activity
within the scope of this article, including buildings, structures and facilities exempt from
the Florida Building Code, which is wholly within or partially within any flood hazard area
shall make application to the City and shall obtain the required permit(s) and
approval(s).No such permit or approval shall be issued until compliance with the
requirements of this article and all other applicable codes and regulations has been satisfied.
(b) F400dplaih development Development permits or approvals. Floodplain development
Development permits or approvals shall be issued pursuant to this article for any
development activities not subject to the requirements of the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building Code.
Depending on the nature and extent of proposed development that includes a building or
Exhibit A Page 14 of 27
City of Aventura Ordinance No. 2022-06
structure, the Floodplain Administrator may determine that a floodplaie development permit
is required in addition to a building permit.
(c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant
to the requirements of federal regulation for participation in the National Flood Insurance
Program (44 C.F.R. Sections 59 and 60), floodpla-ie development permits shall be
required for the following buildings, structures and facilities that are exempt from the
Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this article:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S.,
which are directly involved in the generation, transmission, or distribution of
electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means
an open-sided wooden but that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site and
have walls, roofs, and a floor constructed of granite, marble, or reinforced
concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the
Florida Building Code if such structures are located in flood hazard areas
established on Flood Insurance Rate Maps
(d) Application for a permit or approval. To obtain a floodplaie development permit or
approval the applicant shall first file an application in writing on a form furnished by the
City. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and
definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section
30-126 of this article.
Exhibit A Page 15 of 27
City of Aventura Ordinance No. 2022-06
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
(e) Validity of permit or approval. The issuance of a floodpla-ie development permit
pursuant to this article shall not be construed to be a permit for, or approval of, any
violation of this article, the Florida Building Codes, or any other ordinance of the City.
The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction
of errors and omissions.
(f) Expiration. A #leedplaio development permit shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested
in writing and justifiable cause shall be demonstrated.
(g) Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplaie development permit if the permit was issued in error, on the basis of
incorrect, inaccurate or incomplete information, or in violation of this article or any other
ordinance, regulation or requirement of the City.
(h) Other permits required. Floodplain development Development permits and building
permits shall include a condition that all other applicable state or federal permits be
obtained before commencement of the permitted development, including but not limited
to the following:
(1) The South Florida Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems;
section 381 .0065, F.S. and Chapter 64E-6, F.A.C.
I �, , ,, ,
�a s, ysiGal aGtv}�es ivi hervre pretectienrr er other aGti v hies sec�n�orvrard-^vf
the Geactal Genstri�G�n Gen�l line; contien 161 04 1 F.S.
r�.r� rrrcra rr rr r-m��cccro ,
(4) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; section 161 .055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of
Engineers; Section 404 of the Clean Water Act.
(6) Federal permits and approvals.
Section 30-126. - Site Plans and Construction Documents.
(a) Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this article shall be drawn
Exhibit A Page 16 of 27
City of Aventura Ordinance No. 2022-06
to scale and shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas and flood zone(s), base flood elevation(s), and
ground elevations if necessary for review of the proposed development.
(2) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures; in coastal high hazard areas, new buildings shall
be located landward of the reach of mean high tide;
(3) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(4) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the
fill areas; and evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
(F) Delinreation of the Coastal Genrstrac n Control Lone or notation that� site ir�s
seaward of Gea-stal E6n5-tFUEtien Ge }trel line, if applicable
(6) Extent of any proposed alteration of sand dunes or mangrove stands, provided
such alteration is approved by the Florida Department of Environmental
Protection.
The Floodplain Administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this article but that are not
required to be prepared by a registered design professional if it is found that the nature
of the proposed development is such that the review of such submissions is not
necessary to ascertain compliance with this article.
(b) Additional analyses and certifications. For activities that propose to alter sand dunes
or mangrove stands in coastal high hazard areas (Zone V), the applicant shall have an
engineering analysis that demonstrates the proposed alteration will not increase the
potential for flood damage. The analysis shall be signed and sealed by a Florida licensed
engineer and submitted with the site plan and construction documents.
(c) Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an
application, the applicant has the right to seek a Letter of Map Change from FEMA to
change the base flood elevations or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be
prepared by a Florida licensed engineer in a format required by FEMA. Submittal
requirements and processing fees shall be the responsibility of the applicant.
Section 30-127. - Inspections.
(a) General. Development for which a floodplaie development permit is required shall be
subject to inspection.
(b) Development other than buildings and structures. The Floodplain Administrator shall
Exhibit A Page 17 of 27
City of Aventura Ordinance No. 2022-06
inspect all development to determine compliance with the requirements of this article
and the conditions of issued fleedplain development permits.
(c) Buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this article and
the conditions of issued floodplaie development permits.
(d) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor
inspection. Upon placement of the lowest floor, including basement, and prior to further
vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain
Administrator the certification of elevation of the lowest floor prepared and sealed by a
Florida licensed professional surveyor.
(e) Buildings, structures and facilities exempt from the Florida Building Code, final
inspection. As part of the final inspection, the owner or owner's authorized agent shall
submit to the Floodplain Administrator a final certification of elevation of the lowest floor
or final documentation of the height of the lowest floor above the highest adjacent grade;
such certifications and documentations shall be prepared as specified in Section 30-
127(d) of this article.
Section 30-128. - Variance and Appeals.
(a) General. The City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of this article. Pursuant to section
553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of the flood resistant construction
requirements of the Florida Building Code. This seGtien does not apply to seGtien 3109
of the Re a Buddin,19 Code, Building.
(b) Appeals. The City Commission shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the administration and enforcement of this article. Any person aggrieved
by the decision may appeal such decision to the Circuit Court, as provided by Florida
Statutes.
(c) Limitations on authority to grant variances. The City Commission shall base its
decisions on variances on technical justifications submitted by applicants, the
considerations for issuance in Section 30-128(f) of this article, the conditions of issuance
set forth in Section 30-128(g) of this article, and the comments and recommendations of
the Floodplain Administrator and the Building Official. The City Commission has the right
to attach such conditions as it deems necessary to further the purposes and objectives
of this article.
(d) Historic buildings. A variance is authorized to be issued for the repair, improvement,
or rehabilitation of a historic building that is determined eligible for the exception to the
Exhibit A Page 18 of 27
City of Aventura Ordinance No. 2022-06
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.
(e) Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally
dependent use, as defined in this article, provided the variance is the minimum
necessary considering the flood hazard, and all due consideration has been given to use
of methods and materials that minimize flood damage during occurrence of the base
flood.
(f) Considerations for issuance of variances. In reviewing requests for variances, the
City Commission shall consider all technical evaluations, all relevant factors, all other
applicable provisions of the Florida Building Code, this article, and the following-
(1) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the City;
(5) The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable, expected
at the site; and
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, streets and bridges.
(g) Conditions for issuance of variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the
Exhibit A Page 19 of 27
City of Aventura Ordinance No. 2022-06
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this article or the required elevation standards;
(2) Determination by the City Commission that:
(a) Failure to grant the variance would result in exceptional hardship due to
the physical characteristics of the land that render the lot undevelopable,
provided however that increased costs to satisfy the requirements of this
article or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create
nuisances, cause fraud on or victimization of the public or conflict with
existing local laws and ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to
afford relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall
be recorded in the Office of the Clerk of the Court in such a manner that it appears
in the chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation, a
copy in the record of a written notice from the Floodplain Administrator to the
applicant for the variance, specifying the difference between the base flood
elevation and the proposed elevation of the lowest floor, stating that the cost of
federal flood insurance will be commensurate with the increased risk resulting
from the reduced floor elevation (up to amounts as high as $25 for $100 of
insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
Section 30-129. - Violations.
(a) Violations. Any development that is not within the scope of the Florida Building Code
but that is regulated by this article that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this article, shall be
deemed a violation of this article. A building or structure without the documentation of
elevation of the lowest floor, other required design certifications, or other evidence of
compliance required by this article or the Florida Building Code is presumed to be a
violation until such time as that documentation is provided.
(b) Authority. For development that is not within the scope of the Florida Building Code
but that is regulated by this article and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of
the property involved, to the owner's agent, or to the person or persons performing the
work.
(c) Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person
Exhibit A Page 20 of 27
City of Aventura Ordinance No. 2022-06
is directed to perform to remove or remedy a violation or unsafe condition, shall be
subject to penalties as prescribed by law.
Lqj{c}Penalties for violation. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person
is directed to perform to remove or remedy a violation or unsafe condition, shall be
subject to penalties as prescribed under Section 2-343 of the City Code. Each day such
violation continues shall be considered a separate offense. Nothing contained herein
shall prevent the floodplain administrator from taking such other lawful actions as are
necessary to prevent or remedy any violation.
DIVISION 2. - FLOOD RESISTANT DEVELOPMENT
Section 30-141 . - Buildings and Structures.
(a) Design and construction of buildings, structures and facilities exempt from the Florida
Building Code. Pursuant to Section 30-125(c) of this article, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial improvement
or repair of substantial damage of such buildings, structures and facilities, shall be designed
and constructed in accordance with the flood load and flood resistant construction
requirements of ASCE 24. Structures exempt from the Florida Building Code that are not
walled and roofed buildings shall comply with the requirements of Section 30-147 of this
article.
(b) Buildings a�StFUefi�Sseaward of the Goastai GonstFU ���„ tr l line If
Fi titFY��}�ro���r
extending, On whele er On part,
seaward of the Geastal GenStruGtien Gentrel line and also
Inoated0 in whole or in part, in a flood hazard area:
LI) Buildings and StrUGtUres shall be designed and GenStrUGted W GE)Fnply with the
mere restrctive appI;ttGable requirements of the Flor4da Building Code, Building
SeEti n 3109 a�QeGtien 1612 nr Florida Building Code Residential SeGti
R 322.
J2� Miner struGtures and non habitable major StrUGtUres as defined on seGtien ,
C�hall he designed and GeTnstrruGted-te GE)mnl��th intent d annliGablle
of this Ghap-ter and ASCE 24.
LL{c}Specific methods of construction and requirements. Pursuant to Chapter 8 Article
III of the Miami-Dade County Code, the following specific methods of construction and
requirements apply:
(1) Elevation of buildings. For all buildings and structures, the minimum elevation
requirements are the elevations specified in the Florida Building Code or 18
inches above the highest point of the adjacent road crown elevation, whichever is
higher.
(2) Cumulative Substantial Improvement. In the Florida Building Code, Building
and Florida Building Code, Existing Building, definitions for the term "Substantial
Improvement" shall be as follows:
Exhibit A Page 21 of 27
City of Aventura Ordinance No. 2022-06
SUBSTANTIAL IMPROVEMENT. For the purpose of determining
compliance with the flood provisions of this code, any combination of
repair, reconstruction, rehabilitation, alteration, addition or
improvement of a building or structure taking place during a five year
period, the cumulative cost of which equals or exceeds 50 percent of
the market value of the structure before the improvement or repair is
started. The period of accumulation begins when the first
improvement or repair of each building is permitted after January 15,
2021 . If the structure has sustained substantial damage, any repairs
are considered substantial improvement regardless of the actual
repair work performed. The term does not, however, include either:
(a) Any project for improvement of a building required to correct
existing health, sanitary or safety code violations identified by the
building official and that is the minimum necessary to assure safe
living conditions;
(b) Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a historic
structure;
(c) Repairs for damage from any origin which are determined to be
less than substantial damage.
(3) Limitations on Enclosures Under Elevated Buildings and Dwellings. Enclosed
areas shall: (a) have the minimum necessary access to allow for parking of
vehicles (garage door), limited storage of maintenance equipment used in
connection with the premises (standard exterior door), or entry to the elevated
building (stairway or elevator); and (b) not have the interior portion partitioned or
finished into separate rooms except for stairwells, ramps and elevators, unless
partitions are required by the fire code; and c) in coastal high hazard areas, be
enclosed by insect screening or open lattice. The limitation on partitions does not
apply to load bearing walls interior to perimeter wall foundations (crawlspaces).
(4) Detached accessory structures. Accessory structures are permitted below the
base flood elevation provided the accessory structures are used only for parking
or storage and:
(a) If located in special flood hazard areas (Zone A/AE) other than coastal high
hazard areas, are one-story and not larger than 600 sq. ft. and have flood
openings in accordance with Section R322.2 of the Florida Building Code,
Residential.
(b)Are anchored to resist flotation, collapse or lateral movement resulting from
flood loads.
(c) Have flood damage-resistant materials used below the base flood elevation
plus one (1) foot.
Exhibit A Page 22 of 27
City of Aventura Ordinance No. 2022-06
(d) Have mechanical, plumbing and electrical systems, including plumbing
fixtures, elevated to or above the base flood elevation plus one (1) foot, with
the exception of no more than one switch and one outlet below the base flood
elevation if connected to a ground fault interrupt circuit breaker.
(5) All buildings and StrUGtUres shall adhere to the StriGter of either the state e
federal elevation requirement.
(d) Temporary structures. Certain types of structures (e.g., fruit stands, construction-site
offices) may be sited temporarily on property for not more than 180 days without having
to comply with the anchoring, elevation and other requirements for buildings provided
the following criteria are met:
(1) The structure is mobile, or can be made so, and is capable of being
removed from the site with a minimum of 36 hours warning.
(2) The applicant submits a plan for the removal of the structure, containing
the following documentation:
a. The name, address, phone number and emergency contact point of the
individual responsible for the removal of the structure.
b. The time at which the structure will be removed (i.e., a minimum of 72
hours in advance of the projected landfall of a hurricane).
c. A copy of a contract or other suitable instrument with a trucking company
to ensure the availability of removal of the structure when needed, together
with the name, address, and emergency phone number of the responsible
trucking company agent.
d. Designation, accompanied by documentation (e.g., signed consent of the
property owner), of a site outside the City to which the structure will be moved.
e. Signatures of the applicant, property owner on which the structure will be
placed, and owner of the structure, agreeing to abide by the terms of the
removal plan.
(3) Upon review and approval by the Floodplain Administrator, the permittee
shall provide a copy of the permit and removal plan to the local emergency
management coordinator.
Section 30-142. - Subdivisions.
(a) Minimum requirements. Subdivision proposals shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood
damage; and
Exhibit A Page 23 of 27
City of Aventura Ordinance No. 2022-06
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around
and away from proposed structures.
(b) Subdivision plats. Where any portion of proposed subdivisions lies within a flood
hazard area, the following shall be required:
(1) Delineation of flood hazard areas and flood zones, and design flood elevations,
as appropriate, shall be shown on preliminary plats; and
(2) Compliance with the site improvement and utilities requirements of Section 30-
143 of this article.
Section 30-143. - Site Improvements, Utilities, and Limitations.
(a) Minimum requirements. All proposed new development shall be reviewed to
determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood
damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around
and away from proposed structures.
(b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on-
site waste disposal systems shall be designed in accordance with the standards for
onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24
Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and
discharge from the facilities into flood waters, and impairment of the facilities and
systems.
(c) Water supply facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-
532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the systems.
(d) Limitations on placement of fill. Subject to the limitations of this article, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood-related
erosion and scour. In addition to these requirements, if intended to support buildings and
structures (Zone A only), fill shall comply with the requirements of the Florida Building
Code.
(e) Limitations on sites in coastal high hazard areas (Zone V) and Coastal A Zones. In
Exhibit A Page 24 of 27
City of Aventura Ordinance No. 2022-06
coastal high hazard areas and Coastal A Zones, alteration of sand dunes and mangrove
stands shall be permitted only if such alteration is approved by the Florida Department
of Environmental Protection and only if the engineering analysis required by Section 30-
126(b) of this article demonstrates that the proposed alteration will not increase the
potential for flood damage. Construction or restoration of dunes under or around
elevated buildings and structures shall comply with Section 30-147(e) of this article.
Section 30-144. - Manufactured Homes.
Manufactured homes sba# (defined in 15C-1 .0101 , Florida Administrative Code) shall
not be permitted in the City.
Section 30-145. - Recreational Vehicles and Park Trailers.
Recreational vehicles and park trailers shall not be permitted in the City.
Section 30-146. - TANKS
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty.
(b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of Section 30-146(c) of this article shall:
Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas
and Coastal A Zones, provided the tanks are anchored or otherwise designed
and constructed to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty and the effects of
flood-borne debris.
Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
(c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
elevated to or above the design flood elevation and attached to a supporting structure
that is designed to prevent flotation, collapse or lateral movement during conditions of
the design flood. Tank-supporting structures shall meet the foundation requirements of
the applicable flood hazard area.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions
of the design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
Exhibit A Page 25 of 27
City of Aventura Ordinance No. 2022-06
Section 30-147. - Other Development.
(a) General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not
specified in this article or the Florida Building Code, shall-
(1) Be located and constructed to minimize flood damage;
(2) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
(3) Be constructed of flood damage-resistant materials; and
(4) Have mechanical, plumbing, and electrical systems above the design flood
elevation or meet the requirements of ASCE 24, except that minimum electric
service required to address life safety and electric code requirements is permitted
below the design flood elevation provided it conforms to the provisions of the
electrical part of building code for wet locations.
(b) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal
A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used as
parking pads, enclosure floors, landings, decks, walkways, patios and similar
nonstructural uses are permitted beneath or adjacent to buildings and structures
provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is
capable of causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
(c) Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In
addition to the requirements of the Florida Building Code, in coastal high hazard areas
and Coastal A Zones decks and patios shall be located, designed, and constructed in
compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom
of the lowest horizontal structural member at or above the design flood elevation
and any supporting members that extend below the design flood elevation shall
comply with the foundation requirements that apply to the building or structure,
which shall be designed to accommodate any increased loads resulting from the
attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall
be designed and constructed either to remain intact and in place during design
flood conditions or to break apart into small pieces to minimize debris during
flooding that is capable of causing structural damage to the building or structure
Exhibit A Page 26 of 27
City of Aventura Ordinance No. 2022-06
or to adjacent buildings and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or
that is constructed with more than the minimum amount of fill necessary for site
drainage shall not be approved unless an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters
or wave runup and wave reflection that would increase damage to the building or
structure or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that
is at natural grade or on nonstructural fill material that is similar to and compatible
with local soils and is the minimum amount necessary for site drainage may be
approved without requiring analysis of the impact on diversion of floodwaters or
wave runup and wave reflection.
(d) Other development in coastal high hazard areas (Zone V) and Coastal A Zones. In
coastal high hazard areas and Coastal A Zones, development activities other than
buildings and structures shall be permitted only if also authorized by the appropriate
federal, state or local authority; if located outside the footprint of, and not structurally
attached to, buildings and structures; and if analyses prepared by qualified registered
design professionals demonstrate no harmful diversion of floodwaters or wave runup
and wave reflection that would increase damage to adjacent buildings and structures.
Such other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless
designed and constructed to fail under flood conditions less than the design flood
or otherwise function to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as
filled systems or mound systems.
(e) Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones.. In
coastal high hazard areas and Coastal A Zones:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five
units horizontal shall be permitted only if an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters
or wave runup and wave reflection that would increase damage to adjacent
buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand dunes
under or around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave runup and wave
reflection if the scale and location of the dune work is consistent with local beach-
dune morphology and the vertical clearance is maintained between the top of the
sand dune and the lowest horizontal structural member of the building.
Exhibit A Page 27 of 27