97-19 ORDINANCE NO. 97-19
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CODE OF THE CITY OF AVENTURA BY
ADDING A NEW ORDINANCE ENTITLED "FLOOD
DAMAGE PREVENTION"; PROVIDING FOR STATUTORY
AUTHORITY AND LEGISLATIVE FINDINGS; PROVIDING
AN INTENT AND PURPOSE; PROVIDING OBJECTIVES;
PROVIDING DEFINITIONS; PROVIDING GENERAL
PROVISIONS; PROVIDING ADMINISTRATIVE
PROCEDURES AND STANDARDS; PROVIDING FOR
FLOOD HAZARD REDUCTION; PROVIDING FOR
VARIANCES AND APPEALS; PROVIDING FOR THE
REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
WHEREAS, the City of Aventura is located in an area highly susceptible to
flooding; and
WHEREAS, the City Council has determined that it is in the best interest of the
residents of the City of Aventura to establish regulations on the development of land to
reduce the risk of flood damage to improvements and structures located in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
~ This Ordinance shall be known as the Flood Damage Prevention
Ordinance.
Sec. 1. Statutory Authority and Legislative Findings.
A. The Legislature of the State of Florida has in Sections 166
and 163 Florida Statutes, granted the authority and
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responsibility to local governmental units, including the City,
to adopt regulations designed to promote the public health,
safety and general welfare, as well as to adopt development
regulations controlling the use of land.
B. The Flood hazard areas of the City are subject to periodic
inundation which results 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.
C. These Flood losses are caused by the cumulative effect of
obstructions in Floodplains causing increases in Flood
heights and velocities, and by the occupancy in Flood
hazard areas by uses vulnerable to Floods or hazardous to
other lands which are inadequately elevated, Flood-Proofed,
or otherwise unprotected from Flood damages.
Sec. 2. Intent and Purpose.
It is the purpose of this Ordinance to promote the public health,
safety and general welfare and to minimize public and private losses due
to Flood conditions in specific areas by provisions designed to:
A. restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in Flood
heights or velocities;
B. require that uses vulnerable to Floods, including facilities
which serve such uses, be protected against Flood damage
at the time of initial construction or Substantial Improvement;
C. control the alteration of natural Floodplains, stream
channels, and natural protective barriers which are involved
in the accommodation of Flood waters;
D. control filling, grading, dredging and other Development
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which may increase erosion or Flood damage, and;
E. prevent or regulate the construction of Flood barriers which
will unnaturally divert Flood waters or which may increase
Flood hazards to other lands.
Sec. 3. Objectives
The objectives of this Ordinance are:
A. to protect human life and health;
B. to minimize expenditure of public money for costly Flood
control projects;
C. to minimize the need for rescue and relief efforts associated
with Flooding and generally undertaken at the expense of
the general public;
D. to minimize prolonged business interruptions;
E. to minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
street and bridges located in Floodplains;
F. to help maintain a stable tax base by providing for the sound
use and development of Flood Prone Areas in such a
manner as to minimize Flood blight areas;
G. to insure that potential home buyers are notified that
property is in a Flood area; and
to comply with the requirements of the National Flood
Insurance Program so as to ensure the availability of Flood
insurance for residents and property owners.
Sec. 4~ Definitions.
In construing the provisions of this Ordinance, where the context will
permit and no definition is provided herein, the definitions provided in
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Section 403, Florida Statutes, as may be amended from time to time, and
in the rules and regulations promulgated thereunder, as may be amended
from time to time, shall apply. The following words and phrases when
used in this Ordinance shall have the meanings ascribed to them in this
section.
A. Accessory Structure shall mean a non-habitable, garage, or
other 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.
B Area of Special Flood Hazard shall mean the land in the
Floodplain within a community subject to a one percent or greater chance
of Flooding in any given year.
C. Base Flood Elevation means the elevation for which there is
a one percent chance in any given year that Flood levels will equal or
exceed it. The Base Flood Elevations are indicated on the City FIRM.
D. Base Flood shall mean a Flood having a one percent
chance of being equaled or exceeded in any given year.
E. Basement shall mean that portion of a Building having its
Floor subgrade (below ground level) on all sides.
F. Breakaway Wall shall mean any type of wall, whether solid
or lattice, and whether constructed of concrete, masonry, wood, metal,
plastic, or any other suitable building material, which is not a part of the
structural support of the Building and which is intended through design
and construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the Building or the supporting
foundation system or any other Building to which they might be carried by
Flood waters.
G. Building shall mean any Structure built for support, shelter
or enclosure for any occupancy or storage.
H. City shall mean the City of Aventura.
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I. Coastal High Hazard Area shall mean an Area of Special
Flood Hazard extending from off-shore to the inland limit of a primary
frontal dune along an open coast and any other area subject to high
velocity waters caused by, but not limited to, hurricane wave wash. The
area is designated on a FIRM as Zone VI-30, VE or V.
J. Development or Development Activity shall mean any man-
made change to improved or unimproved real estate, including, but not
limited to, Buildings or other Structures, mining, dredging, filling, grading,
paving, excavating, drilling operations, or permanent storage of materials
or equipment.
K. Development Permit means any building permit, zoning
permit, subdivision approval, rezoning, recertification, special exception,
variance or any other official action of the City having the effect of
permitting the Development of land.
L. Elevated Building means a non-basement building built to
have the Lowest Floor elevated above the ground level by means of fill,
solid foundation perimeter walls, pilings, columns (posts and piers) or
shear walls.
M. Flood or Flooding shall mean a general and temporary
condition of partial or complete inundation of normally dry land areas
from:
(1) the overflow of streams, rivers, or other inland water;
or
(2) abnormally high tidal water or rising coastal waters
resulting from severe storms, hurricanes or tsunamis;
or
(3) the unusual and rapid accumulation of run-off of
surface water from any source.
N Flood-Plain or Flood-Prone Area means any land area
susceptible to being inundated by water from any source.
O. Floodproofing shall mean any combination of structural and
nonstructural additions, changes, or adjustments (other than elevating) to
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Ordinance No. 97-19
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Structures which reduce or eliminate Flood damage to real estate or
improved real property, water supply and sanitary sewage facilities,
Structures, and their contents. Floodproofing includes by way of
illustration, not limitation, the following measures:
(1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors, bulkheads, and
shutters, or similar methods of construction to protect against winds, wave
action, or Flood waters.
(3) Reinforcement of walls to resist water pressures.
(4) Use of paints, membranes, or mortars to reduce
seepage of water through walls.
(5) Addition of mass or weight to Structures to resist
flotation.
(6) Installation of pumps to lower water levels in
Structures.
(7) Construction of water supply and waste water
treatment and disposal systems to prevent the
entrance or infiltration of Flood waters.
(8) Construction to resist rupture or collapse caused by
water pressure or Flooding debris.
(9) Installation of valves or controls of sanitary and storm
drains which will permit the drains to be closed to
prevent backup of sewage and storm waters into the
Buildings or Structures. Gravity draining of
Basements may be eliminated by mechanical
devices.
(10) Locate 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 Base Flood.
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(11) Locate any Structure, storage facilities for chemicals,
explosives, buoyant materials, flammable liquids or
other toxic materials which could be hazardous to the
public health, safety, and welfare in a manner which
will assure that the facilities are situated at elevations
above the height associated with the regulatory
protection elevation or are adequately Floodproofed
to prevent flotation of storage containers, or damage
to storage containers which could result in the escape
of toxic materials into Flood waters.
P. Flood Hazard Boundary Map means an official map of the
City, issued prior to the FIRM by the Federal Emergency Management
Agency, where the boundaries of the Areas of Special Flood Hazard have
been identified.
Q. Flood Insurance Rate Map (FIRM) shall mean an official
map of a community, on which the Federal Emergency Management
Agency has delineated both the Areas of Special Flood Hazard and the
risk premium zones applicable to the community.
R. Flood Insurance Study shall mean the official report
provided by the Federal Emergency Management Agency (FEMA). The
report contains Flood profiles, as well as the water surface elevation of
the Base Flood.
S. Floor shall mean the top surface of an enclosed area in a
Building (including Basement), i.e., top of slab in concrete slab
construction or top of wood flooring in wood frame construction. The term
does not include the floor of a garage used solely for parking vehicles.
T. Functionally Dependent Structure shall mean a Structure
which cannot be used for its intended purpose unless it is located or
carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing facilities. The term does
not include long-term storage, manufacture, sales, or service facilities.
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U. Historic Building or Structure shall mean any Structure
that's:
(1) Listed individually in the National Register of Historic
Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary
of the Interior as meeting the requirements for
individual listing on the National Register; or
(2) Certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical
significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as
a registered historic district; or
(3) Individually listed on a state inventory of historic
places in states with historic preservation programs
which have been approved by the Secretary of the
Interior; or
(4) Individually listed on a local inventory of historic
places in communities with historic preservation
programs that have been certified either:
a) By an approved state program as determined
by the Secretary of the Interior, or
b) Directly by the Secretary of the Interior in
states without approved programs.
V Lowest Floor shall mean the lowest floor of the lowest
enclosed area (including Basement). An unfinished or Flood-resistant
enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a Basement area, is not considered a
Building's Lowest Floor; provided that such enclosure is not built so as to
render the Structure in violation of the applicable non-elevation design
requirements of this Ordinance.
W. Mangrove Stand shall mean an assemblage of mangrove
trees which consist of one or more of the following species: black
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mangrove (Avicennia Germinans); red mangrove (Rhizophora Mangle);
white mangrove (Languncularian Racemosa) and buttonwood
(Conocarpus Erecta).
X. Manufactured Home (trailer) shall mean a Structure,
transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term Manufactured Home
does not include a Recreational Vehicle; however, park trailers, travel
trailers, and similar transportable structures placed on a site for one
hundred eighty (180) consecutive days or longer shall be regulated as
Manufactured Homes.
Y. NGVD shall mean the sea-level datum now used for the
United States Coast and Geodetic Survey (now known as National
Ocean Survey) level net which is officially known as the "Sea Level
Datum of 1929," the year referring to the last general adjustment of the
net. The datum itself can be considered to be an adjustment based on
the tide observations taken at various tide stations along the costs of the
United States over a number of years.
Z. New Construction shall mean any Structure for which the
Start Of Construction commenced on or after the effective date of this
Ordinance. The term also includes any subsequent improvements to the
Structure. Start of Construction (for other than new construction or
substantial improvements under the Coastal Barrier Resources ACt (P. L.
97-348)), includes Substantial Improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the permit
date. The actual start means the first placement of permanent
construction of a Building (including a Manufactured Home) on a site,
such as the pouring of slabs or footings, installation of piles, construction
of columns, or any work beyond the stage of excavation or the placement
of a Manufactured Home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it
include excavation for a Basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the
property of Accessory Structures, such as garages or sheds not occupied
as dwelling units or not part of the main Building. For a Substantial
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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.
AA. New Manufactured Home Park or New Manufactured Home
Subdivision shall mean 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 on or after the
effective date of this Ordinance.
BB. Recreational Vehicle shall mean a vehicle which is:
(1) built on a single chassis; and
(2) 400 square feet or less when measured at the largest
horizontal projection; and
(3) designed to be self-propelled or permanently towable
by a light duty truck; and
(4) designed primarily not for use as a permanent
dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
CC. Residential or Residence shall mean any lot, plot, parcel,
tract, area, piece of land or Building used exclusively for family dwelling
purposes or intended to be so used, including concomitant uses as
specified in the prevailing land development regulations of the City.
DD. Sand Dunes shall mean naturally occurring accumulations
of sand in ridges or mounds landward of the beach.
EE, Structure shall mean a walled and roofed Building that is
principally above ground, a Manufactured Home, a gas or liquid storage
tank, or other man-made facilities or infrastructures.
FF. Substantial Damage shall mean damage of any origin
sustained by a Structure whereby the cost of restoring the Structure to its
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Ordinance No. 97-19
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before damaged condition would equal or exceed 50 percent of the
market value of the Structure before the damage occurred.
GG. Substantial Improvement shall mean any combination of
additions, rehabilitation, reconstruction, alteration, or other improvements
to a Structure, taking place during a one (1) year period in the 'W' zones
and a five (5) year period in the '¥" zones, in which the cumulative cost
equals or exceeds 50 percent of the market value of the Structure. The
market value of the Structure shall be the appraised value of the Structure
prior to the start of the initial work.
Substantial Improvement is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the Building
commences, whether or not that alteration affects the external dimensions
of the Structure. This term includes Structures which incur Substantial
Damage regardless of actual work performed. The term does not include
either:
(1) Any project for improvement of a Structure required to
correct existing Violations of state or local health, sanitary,
or safety code specifications which have been identified by
the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or
(2) Any alteration of a Historic Structure, provided that the
alteration will not preclude the Structure's continued
designation as a Historic Structure for which a Variance has
been granted pursuant to this Ordinance; or
(3) Repairs for damage from any origin which are determined to
be less than Substantial Damage.
HH. Variance is a grant of relief from the requirements of this
Ordinance which permits construction in a manner otherwise prohibited
by this Ordinance where specific enforcement would result in
unnecessary hardship.
I1. Violation shall mean the failure of a Structure or other
Development to be fully compliant with the provisions of this Ordinance.
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Sec. 5. General Provisions.
A. Lands To Which This Ordinance Applies.
This Ordinance shall apply to all areas of the City.
B. Basis For Establishin,q The Areas of Special Flood Hazard.
The Areas of Special Flood Hazard identified by the Federal
Emergency Management Agency in its Flood Insurance Study and
Flood Insurance Rate Map, for Dade County, Florida dated March
2, 1994, with accompanying maps and other suppoding data, and
any revision thereto, are adopted by reference and declared to be
a par[ of this Ordinance. All lands within the City are within an Area
of Special Flood Hazard.
C. Development Permits Required.
A Development Permit shall be required in conformance with the
provision of this Ordinance prior to the commencement of any
Development Activities.
D. Compliance.
No Development Activity shall occur without full compliance with
the terms of this Ordinance and other applicable regulations.
E. Abrogation and Greater Restrictions.
This Ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Ordinance and another regulation, conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
F. Interpretation.
In the interpretation and application of this Ordinance 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.
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Ordinance No. 97-19
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G. Warnin.q and Disclaimer of Liability.
The degree of Flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering consideration. Larger Floods can and
will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This Ordinance does not imply that
land outside the Areas of Special Flood Hazard or uses permitted
within such areas will be free from Flooding or Flood damages.
This Ordinance shall not create liability on the part of the City or by
any officer or employee thereof for any Flood damages that result
from reliance on this Ordinance or any administrative decision
lawfully made hereunder.
H. Penalties for Violation
Violation of the provisions of this Ordinance or failure to comply
with any of its requirements, including Violation of conditions and
safeguards established in connection with grants of a Variance
shall constitute a municipal ordinance violation. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$500 or imprisoned for not more than 60 days, or both, and in
addition, shall pay all costs and expenses involved in the case.
Each day such Violation continues shall be considered a separate
offense. Nothing herein contained shall prevent the City from
taking such other lawful actions as are necessary to prevent or
remedy any Violation.
Sec. 6. Administration.
A. Designation of Local Administrator
The City Manager or his designee is hereby appointed to
administer and implement the provisions of this Ordinance.
Whenever the term City Manager is used in this Ordinance, it is
intended to include any designee.
B. Permit Procedures for Building Construction.
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Ordinance No. 97-19
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Application for a Development Permit for constructing or
Substantially Improving a Structure shall be made to the City
Manager on forms furnished by the City Manager's office prior to
any Development Activities, and may include, but not be limited to,
the following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question,
existing or proposed Structures, earthen fill, storage of materials or
equipment, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(1) Application Stage.
(a) Elevation in relation to NGVD of the proposed Lowest
Floor, or the lowest surface of any heating or air
conditioning duct work installed below the Lowest
Floor, or the lowest horizontal supporting member in
a Coastal High Hazard Area (V-Zone), of all proposed
Buildings or Substantial Improvements;
(b) Elevation in relation to NGVD to which any proposed
Building or Substantial Improvement, not located in a
Coastal High Hazard Area (V-zone), will be Flood-
Proofed;
(c) Signed, sealed certificate, separate from the
submitted plans, from a registered professional
engineer or architect that the Flood-Proofed Building
will meet the Flood-Proofing criteria in this Ordinance;
(d) Signed, sealed certificate, separate from the
submitted plans, from a registered professional
engineer or architect that a new or Substantially
improved Building located in the Coastal High Hazard
Area (V-Zone) will meet the construction standards
contained in Sec. 7.C.;
(e) Description of the extent to which any watercourse,
swamp, marsh, lake, or pond will be altered,
relocated, or created as result of proposed
Ordinance No. 97-19
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construction, and;
(f) Description of the type, extent, and depth of proposed
fill and the elevation in relation to NGVD of the top
surface of the fill, and;
(g) Description of the type, extent, and depth of proposed
excavation in relation to NGVD;
(h) Plot plan, to scale, illustrating the locations of all
proposed construction, fill, excavating, and other
aspects of the Development.
(i) Copy of the proposed stormwater management report
and Floodplain study, if any, complete with technical
supporting data.
(j) Grading and drainage plans.
(k) Upon request, stormwater management plans.
(2) Construction Stage. Floor elevation or Flood-Proofing
certifications.
(a) Upon placement of the Lowest Floor, or, in the
Coastal High Hazard Areas (V-zones) upon
placement of the horizontal structural members of the
Lowest Floor, whichever is applicable, it shall be the
duty of the permit holder to submit to the City
Manager a certification of the elevation of the top of
the Lowest Floor, or the lowest surface of any heating
or air conditioning duct work installed below the
Lowest Floor, or the elevation of the lowest portion of
the horizontal structural members of the Lowest Floor,
whichever is applicable, as built, in relation to NGVD.
Said certification shall be made on a FEMA Elevation
Certificate form No.81-31, or a form containing at
least the same information, and shall be prepared by
or under the direct supervision of a registered land
surveyor or professional engineer.
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Ordinance No. 97-19
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(b) When Flood-Proofing is utilized for a Building, the
permit holder shall submit to the City Manager a
Flood-Proofing certification at the time the exterior
walls are completed to the required Flood-Proofed
elevation. Said certification shall be prepared by or
under the direct supervision of a professional
engineer or architect and certified by same, utilizing
the FEMA Floodproofing Certificate form No.81-65, or
the equivalent.
(c) Any additional work undertaken prior to submission
and approval of the certification shall be at the permit
holder's risk.
(d) The City Manager shall review the floor elevation
survey data or Flood-Proofing certification submitted.
Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior
to further progressive work being permitted to
proceed. Acceptance of the flood-proofing
certification by the City Manager shall not relieve the
certifying professional of risk and/or liability for the
certification.
(e) Failure to submit the elevation or Flood-Proofing
certifications or failure to make said corrections
required hereby, shall be cause to issue a stop-work
order for the project.
(f) Prior to issuance of a certificate of occupancy for
New Construction or Substantial Improvement in the
Coastal High Hazard Area (V-Zones), the permit
holder shall submit a signed, sealed certificate,
separate from the submitted plans, from a registered
professional engineer or architect certifying that the
Building has been constructed in compliance with the
standards contained in Sec. 7.C. A certificate of
occupancy will not be issued until this certification
has been received and accepted by the City
Ordinance No. 97-19
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Manager.
C. Duties and Responsibilities of the Local Administrator
Duties of the City Manager, as the local administrator of this
Ordinance, shall include, but not be limited to:
(1) Review all applications for Development Permits to assure
that the permit requirements of this Ordinance have been
satisfied;
(2) Advise permittees that additional federal or state permits
may be required, and if specific federal or state permit
requirements are known, require that copies of such permits
be provided and maintained on file with the Development
Permit.
(3) Verify and record the actual elevation (in relation to NGVD)
of the Lowest Floor of all new or Substantially Improved
Buildings, in accordance with Sec. 7.B(1).
(4) Verify and record the actual elevation (in relation to NGVD)
to which the new or Substantially Improved Buildings have
been elevated or Flood-Proofed, in accordance with Sec.
7.B(2).
(5) In Coastal High Hazard Areas, requiring permittees to
provide certification from a registered professional engineer
or architect that the Building is designed and securely
anchored to adequately anchored pilings or columns in
order to withstand velocity waters and hurricane wave wash,
in compliance with Sec. 7.C(2)(3)(4).
(6) In Coastal High Hazard Areas, the City Manager shall
review plans for adequacy of Breakaway Walls in
accordance with Sec. 7.C(8), (9) and (10).
(7) When Flood-Proofing is utilized for a particular Building, the
City Manager shall obtain certification from a registered
professional engineer or architect, in accordance with this
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Ordinance No. 97-19
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Ordinance.
(8) The office of the City Manager shall serve as the official map
repository for FEMA Flood Insurance Rate Maps, Flood
Boundary and Floodway Maps (if applicable), and Flood
Hazard Boundary Maps for the community, together with
Letters of Map Amendment (LOMAs) and Letters of Map
Revision (LOMRs). At least one copy of all current and
superseded maps, LOMAs and LOMRs shall be maintained
for public use and viewing.
(9) All records pertaining to the provisions of this Ordinance
shall be maintained in the office of the City Manager and
shall be open for public inspection. Copies of all
Development Permits and summary supporting
documentation shall be filed by geographic area for ease of
coordinating all Floodplain Development Activities.
Sec. 7 Provisions for Flood Hazard Reduction.
A. General Standards.
In all Areas of Special Flood Hazard the following provisions are
required:
(1) New Construction and Substantial Improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the Structure;
(2) Manufactured Homes shall be anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This standard shall be in addition to
and consistent with applicable state requirements for
resisting wind forces.
(3) New Construction and Substantial Improvements shall be
constructed with materials and utility equipment resistant to
Flood damage;
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Ordinance No. 97-19
Page 19
(4) New Construction or Substantial Improvements shall be
constructed by methods and practices that minimize Flood
damage;
(5) Electrical, heating, ventilation, plumbing, air conditioning
equipment, including duct work, and other service facilities
shall be designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of Flooding.
(6) New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of Flood waters
into the system;
(7) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of Flood waters
into the systems and discharges from the systems into Flood
waters;
(8) On-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination
from them during Flooding;
(9) Any alteration, repair, reconstruction or improvement to a
Building which is in compliance with the provisions of this
Ordinance, shall meet the requirements of New Construction
as contained in this Ordinance.
(10) Adequate drainage paths shall be provided around
Structures to guide stormwater runoff' away from them;
(11) Any improvements made to new or Substantially Improved
Buildings for which permits ware issued on or after the
effective date of this Ordinance shall conform to the
requirements for New Construction under this Ordinance.
(12) Functionally Dependent Structures and any improvements to
Historic Buildings may be exempted from one or all of the
standards contained in this Ordinance, provided the request
for an exemption is approved as a Variance, as provided in
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Ordinance No. 97-19
Page 20
this Ordinance, and with regard to Historic Buildings the
proposed improvements are certified by a certified local
government or the State Historic Preservation Officer as
maintaining the historical integrity and classification of the
Building.
B. Specific Standards for A-zone Flood Hazard Areas.
In all Areas of Special Flood Hazard, areas denoted with an "A" prefix on
the FIRM where Base Flood Elevation data have been provided, as set
forth in Sec. 5. B, the following provisions are required, in addition to the
general standards of Sec. 7.A.
(1) Residential Construction. New Construction or Substantial
Improvement of any Residential Building (or Manufactured
Home) shall have the Lowest Floor, together with all
mechanical and electrical equipment, including duct work,
and including any basement, elevated no lower than the
Base Flood Elevation . Should solid foundation perimeter
walls be used to elevate a Structure, openings sufficient to
facilitate the unimpeded movements of Flood waters shall be
provided in accordance with standards of Sec. 7.B(3). The
floor of an attached garage may be placed below the Base
Flood Elevation, provided the openings required in Sec.
7.B(3) are installed and all mechanical and electricel
equipment, including laundry facilities and food freezers, are
elevated above the Base Flood Elevation.
(2) Non-Residential Construction. New Construction or
Substantial Improvement of any commercial, industrial, or
non-residential Building shall have the Lowest Floor,
together with all mechanicel and electrical equipment,
including duct work, and including any Basement, elevated
no lower than the Base Flood Elevation. The floor of an
attached garage or loading dock may be placed below the
Base Flood Elevation, provided the openings required in
Sec. 7.B(3) are installed and alt mechanical and electrical
equipment are elevated above the Base Flood Elevation.
Buildings may be Flood-Proofed to an elevation one foot
above the required Base Flood Elevation noted above, in
2O
Ordinance No. 97-19
Page 21
lieu of being elevated, provided that all areas of the Building
below the required elevation are water tight with walls
substantially impermeable to the passage of water, and use
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the official
as set forth in Sec. 6.C(4).
(3) Elevated Buildings. New Construction or Substantial
Improvements of Elevated Buildings that include fully
enclosed areas formed by foundation and other exterior
walls below the Base Flood Elevation shall be designed to
preclude finished living space and shall be designed to
allow for the entry and exit of floodwaters to automatically
equalize hydrostatic Flood forces on exterior walls.
(a) Designs for complying with this requirement must
either be certified by a professional engineer or
architect or meet the following minimum criteria:
(i) Provide a minimum of two openings (in walls or
doors) having a total net area of not less than
one square inch for every square foot of
enclosed area subject to Flooding;
(ii) The bottom of all openings shall be no higher
than one foot above grade; and,
(iii)Openings may be equipped with screens,
louvers, valves or other coverings or devices
provided they permit the automatic flow of
floodwaters in both directions.
(b) Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment
used in connection with the premises (standard
exterior door) or entry to the living area (stairway or
Ordinance No. 97-19
Page 22
elevator); and
(c) The interior portion of such enclosed area shall not
be partitioned or finished into separate rooms.
(d) Use of such enclosed areas shall be limited to
parking, storage, and Building access.
(4) Manufactured Homes and Recreational Vehicles.
(a) All Manufactured Homes placed within the City must
meet all the requirements for New Residential
Construction contained in this Ordinance, including
installation on permanent foundation systems,
elevation, and anchoring. At minimum, a permanent
foundation system shall constitute reinforced piers
placed on poured footings, or other foundation
elements of equivalent strength. Any additions to
Manufactured Homes subject to provisions of this
subsection shall also be considered New
Construction and must therefore comply with the
requirements of this Ordinance, including elevation
requirements.
(b) All Recreational Vehicles placed on sites must either:
(i) Be fully licensed and ready for highway use, or
(ii) The Recreational Vehicle must meet all the
requirements for New Construction, including
anchoring and elevation requirements of this
Ordinance.
A Recreational Vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices and has
no permanently attached Structures.
(5) Accessory Structures. Accessory Structures may be
exempted from the elevation requirement of Sec. 7.B,
provided the following criteria are met:
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Ordinance No. 97-19
Page 23
(a) The Structure is not used for human habitation,
including occupancy as a workplace for extended
periods of time;
(b) The Structure is designed and constructed so as to
have a Iow potential for damage during a Flood (eg.
using flood resistant materials as provided in FEMA
Technical Bulletin #88-2, and any subsequent
revisions thereto);
(c) The Structure shall be located so as to offer the
minimum resistance to the flow of floodwaters (eg.
parallel to a stream, perpendicular to the ocean);
(d) The Structure is firmly anchored to prevent flotation,
per Sec. 7.A(1 );
(e) All electrical service, heating/cooling equipment, and
other mechanical or electrical equipment is either
elevated above the Base Flood Elevation, or is
Floodproofed. One ground-fault interrupt circuit may
be installed below the Base Flood Elevation, and all
construction below that elevation shall be of flood-
resistant materials.
(6) Temporary Structures. Certain types of structures (eg. fruit
stands, construction site offices) may be sited temporarily on
property without having to comply with the General
Standards of Sec. 7.A, or the elevation standard of Sec. 7.B,
provided the following criteria are met:
(a) The Structure is mobile, or can be made so, and is
capable of being removed from the site with a
minimum of thirty-six (36) hours warning.
(b) The Structure does not have an approval to remain
on the property for more than 180 days.
(c) The applicant submits a plan for the removal of the
Ordinance No. 97-19
Page 24
Structure, containing the following documentation:
(i) The name, address, phone number and
emergency contact point of the individual
responsible for the removal of the Structure.
(ii) The time at which the Structure will be
removed (ie. a minimum of 72 hours in
advance of the projected landfall of a
hurricane).
(iii) 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.
(iv) Designation, accompanied by documentation
(eg. signed consent of the property owner), of
a site outside the City to which the Structure
will be moved.
(v) 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.
A temporary development permit shall be issued when a
temporary Structure is approved, and the expiration date
shall be clearly marked on the face of the permit. The
original copy of the removal plan shall be attached to the
permit, and the documentation shall be kept on file in the
City Manager's office. A copy of the permit, together with
the removal plan, shall be provided by the owner to the local
emergency management coordinator.
C. Standards for Coastal Hi,qh H~7~rd Areas (V Zones).
Located within the Areas of Special Flood Hazard are areas
designated as Coastal High Hazard Areas, which are denoted with
a "V" prefix on the FIRM. These areas, called "velocity zones",
have special Flood hazards associated with wave action, therefore,
24
Ordinance No. 97-19
Page 25
the following provisions shall apply:
(1) Building location. All Building shall be located in
conformance with the requirements of the State of Florida
Coastal Zone Protection Act of 1985.
(2) Elevated Buildings. All Buildings shall be elevated so that
the bottom of the lowest supporting horizontal member
(excluding pilings or columns), together with all mechanical
and electrical equipment, including duct work, is located no
lower than the Base Flood Elevation, with all space below
the lowest supporting member open so as not to impede the
flow of water. Open lattice work or decorative screening
may be permitted for aesthetic purposes only and must be
designed to wash away in the event of abnormal wave
action and in accordance with Sec. 7.C(8);
(3) Piling or column foundations. All Buildings or Structures
shall be securely anchored on pilings or columns extending
vertically below grade a sufficient depth below the zone of
potential scour and securely anchored to subsoil strata;
(4) Anchoring and connection requirements. All pile and
column foundations and Structures attached thereto shall be
anchored to resist flotation, collapse, and lateral movement
due to the effect of wind and water loads acting
simultaneously on all Building components. Proper
structural anchoring shall include a complete system of
adequately-sized, galvanized metal connectors securely
fastening the various structural subsystems of the Building
together, from the roofing and ridge down to the pilings, to
resist wind damage. Water loading values shall equal or
exceed the Base Flood. Wind loading values shall be in
accordance with the South Florida Building Code, and any
subsequent revisions thereto.
(5) Certification of design. At time of application for a permit, a
registered professional engineer or architect shall certify
that the design, specifications and plans for construction are
in compliance with the provisions contained in Sec. 7.C(2),
Ordinance No. 97-19
Page 26
(3) and (4) of this Ordinance, and shall cite the parameters
and variables used in developing the design, including wind
loading values, water loading values, depth of potential
scour zone, and subsoil strata characteristics.
(6) Ban on use of structural fill. There shall be no fill used as
structural support. Limited non-compacted fill may be used
around the perimeter of a Building for landscaping/aesthetic
purposes provided the fill will wash out from storm surge,
(thereby rendering the Building free of obstruction) prior to
generating excessive loading forces, ramping effects, or
wave deflection. The City Manager shall approve design
plans for landscaping/aesthetic fill only after the applicant
has provided an analysis by an engineer, architect, and/or
soil scientist, which demonstrates that the following factors
have been fully considered:
(a) Particle composition of fill material does not have a
tendency for excessive natural compaction;
(b) Volume and distribution of fill will not cause wave
defection to adjacent properties; and
(c) Slope of fill will not cause wave run-up or ramping.
(7) Protection of Sand Dunes and Mangrove Stands. There
shall be no alteration of Sand Dunes or Mangrove Stands
which would increase potential Flood damage.
(8) Enclosures below Base Flood Elevation. Lattice work or
decorative screening shall be allowed below the Base Flood
Elevation provided they are not part of the structural support
of the Building and are designed so as to breakaway, under
abnormally high tides or wave action, without damage to the
structural integrity of the Building on which they are to be
used. Solid, non-supporting, Breakaway Walls may also be
used, but only for purposes of enclosing and securing
access to upper floors (foyer for staircase or elevator) and
for secured storage and vehicle parking. The solid
Breakaway Walls shall have a safe design loading
Ordinance No. 97-19
Page 27
resistance of not less than ten (10) and not more than
twenty (20) pounds per square foot.
(9) Use of enclosed areas. If aesthetic lattice work or screening
is utilized, such enclosed space shall not be designed to be
used for human habitation, but shall be designed to be used
only for parking of vehicles, Building access, or limited
storage of maintenance equipment used in connection with
the premises. Areas enclosed by solid, Breakaway Walls
shall be used for Building access parking and secured
storage only.
(10) Plans for enclosures. Prior to construction, plans for any
Buildings that will have lattice work or decorative screening,
or solid, Breakaway Walls must be submitted to the City
Manager for approval, and must comply with the standard
noted in Sec. 7. C(8). Certification by a registered architect
or engineer is required for any Breakaway Wall designs
which do not comply with said standard. Such designs must
be certified to collapse as a result of a water loads less than
that which would occur during the Base Flood, and to not
result in the displacement, collapse, or other structural
damage to the rest of the Building and foundation system or
to adjoining Structures. Water and wind loading values shall
be those set forth in Sec. 7.C(4) above.
(11) Restriction on future enclosures. Any alteration, repair,
reconstruction or improvement to a Structure shall not
enclose the space below the Lowest Floor except as
provided for in Sec. 7.C(8)(9).
(12) Manufactured Homes. No Manufactured Homes or
Recreational Vehicles may be placed in Coastal High
Hazard Areas.
(13) Certification of completed construction. Upon completion of
the Structure or Substantial Improvement, a registered
professional engineer or architect shall certify that the
building was constructed are in compliance with the
provisions contained in Sec. 7.C of this Ordinance, including
2'7
Ordinance No. 97-19
Page 28
the approved, certified design specifications provided per
Sec. 7.C(5).
(14) Accessory Structures. Accessory Structures shall be
allowed per Sec. 7. B(5), subject to the following criteria:
(a) the Structure is located so as not to cause collapse,
displacement, or other structural damage to adjacent
primary Structures during a Base Flood event;
(b) the Structure is designed to not provide resistance to
the combined effects of wave action and wind during
a Base Flood event, and to break down into small
enough pieces so that the resultant debris does not
create a serious danger to adjacent primary
Structures (the safe design loading of the walls shall
be not less than 10 and no more than 20 lbs per
square foot); and
(c) the design of the Building is certified by a registered
professional engineer or architect to comply with said
standards.
(15) Temporary structures. Temporary structures shall be
permitted per Sec. 7.B(6).
D. Standards for Subdivision Proposals.
(1) All subdivision proposals shall be consistent with the need
to minimize Flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimize Flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to Flood hazards, and;
(4) Base Flood Elevation and Flood hazard area mapping shall
be provided in accordance with this Ordinance for
28
Ordinance No. 97-19
Page 29
subdivision proposals and other proposed development
which is greater than the lesser of fifty lots or five acres.
(5) The Base Flood boundary, floodway and/or V-zone
boundary if applicable, and the applicable Base Flood
Elevation for the Building site on each lot shall be clearly
marked on all recorded subdivision plats, be they for
residential, commercial, or industrial use.
Sec. 8. Variances.
A. The City Council shall hear and decide requests for
Variances from the requirements of this Ordinance.
B. Any person aggrieved by the decision of the City Council
may appeal such decision to the Circuit Court, as provided
in the Florida Rules of Appellate Procedure.
C. Variances may be issued for the repair or rehabilitation of
Historic Structures upon a determination that the proposed
repair or rehabilitation will not preclude the Structure's
continued designation as a Historic Structure and the
variance is the minimum to preserve the historic character
and design of the Structure.
D. In passing upon such requests, the City Council shall
consider all technical evaluations, all relevant factors, all
standards specified in other sections of this Ordinance, and:
(1) the danger that materials 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
29
Ordinance No. 97-19
Page 30
proposed facility to the community;
(5) the necessity of the facility to a waterfront location, in
the case of a functionally dependent facility;
(6) the availability of alternative locations, not subject to
Flooding or erosion damage, for the proposed use;
(7) the compatibility of the proposed use with existing
and anticipated Development;
(8) the relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
(9) the safety of access to the property in times of Flood
for ordinary and emergency vehicles;
(10) the expected heights, velocity, duration, rate of rise
and sediment transport of the Flood waters and the
effects of wave action, if applicable, expected at the
site, and;
(11) the costs of providing governmental services during
and after Flood conditions including maintenance and
repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and
bridges.
E. Upon consideration of the factors listed above, and the
purposes of this Ordinance, the City Council may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this Ordinance.
F. Conditions for Variances:
(1) Variances shall only be issued upon a determination
that the Variance is the minimum necessary,
considering the Flood hazard, to afford relief; and in
the instance of a Historical Building, a determination
Ordinance No. 97-19
Page 31
that the Variance is the minimum necessary so as not
to destroy the historic character and design of the
Building;
(2) Variances shall only be issued upon:
(i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the Variance would
result in exceptional hardship, and; (iii) a
determination that the granting of a variance will not
result in increased Flood heights, additional threats to
public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or
Ordinances.
(3) Any applicant to whom a Variance is granted shall be
given written notice specifying the difference between
the Base Flood Elevation and the elevation to which
the Building is to be built and stating that the cost of
flood insurance will be commensurate with the
increased risk resulting from the reduced Lowest
Floor elevation.
(4) The City Manager shall maintain the records of all
Variances and report any variances to the Federal
Emergency Management Agency upon request.
Sec. 9. Administrative Appeals.
A. The City Council shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or
determination made by the City Manager in the
administration of this Ordinance.
B Any person aggrieved by the decision of the City Council
may appeal such decision to the Circuit Court, as provided
in the Florida Rules of Appellate Procedure.
C. The City Manager shall maintain the records of all appeal
actions under this section.
31
Ordinance No. 97- t9
Page 32
Section 2. Rer~eal of Conflictina Provisions. All provisions of the Code of
Metropolitan Dade County as made applicable to the City by Article VIII, Section 8.03 of
the City Charter which are in conflict with this Ordinance are hereby repealed.
Section 3. Severabilitv. 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. It is the intention of the Council and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the City of Aventura Code; 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. ~. This Ordinance shall become effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading. This motion was seconded by Councilmember Berger, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Ordinance No. 97- ]9
Page 33
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M Perlow yes
Mayor Arthur I. Snyder absent
The foregoing Ordinance was offered by Councilmember ~o~§,e~-, who
moved its adoption on second reading. This motion was seconded by
Councilmember ]~eskJn , and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder absent
PASSED AND ADOPTED on first reading this 1'* day of July, 1997.
PASSED AND ADOPTED on second reading this 5th day of Au~lust, 1997.
,~ Arthur I. ~nyder, M~r
Attest: -
Teresa M. Smith, CMC, City Clerk
APPR~VE~Dt~,~v,O FORM AND/I~EGAL SUFFICIENCY:
City Attorney
33