HomeMy Public PortalAbout12-09 Flood Damage Protection First Reading: MARCH 14,2012
Second Reading: APRIL 11,2012
Public Hearing: APRIL 11,2012
Adopted: APRIL 11,2012
Effective Date: APRIL 12,2012
Sponsored By: City Manager
ORDINANCE NO. 12-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AMENDING CHAPTER 7 OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES BY AMENDING ARTICLE VI ENTITLED "FLOOD DAMAGE
PROTECTION"; PROVIDING A SHORT TITLE; PROVIDING A STATEMENT OF
PURPOSE; PROVIDING OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING
JURISDICTION; PROVIDING A BASIS FOR ESTABLISHING AREAS OF SPECIAL
FLOOD HAZARD; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT
PERMITS; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND
GREATER RESTRICTIONS; PROVIDING FOR INTERPRETATION, PROVIDING A
WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING FOR DESIGNATION OF LOCAL ADMINISTRATOR;
PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES AND
RESPONSIBILITIES OF THE BUILDING OFFICIAL; PROVIDING PROCEDURES
FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL AND
SPECIFIC STANDARDS FOR HAZARD REDUCTION; PROVIDING STANDARDS
FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS;
PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING
FOR ORDINANCES IN CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has in F.S. Chapters 125, 163 and 166 of Florida
Statutes delegated the responsibility to local government units to adopt regulations designed to promote the public
health,safety,and general welfare of its citizenry;and
WHEREAS, the flood hazard areas of the City of Opa-locka, Florida are subject to flooding resulting in
danger to life, loss of property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health,safety and general welfare;and
WHEREAS,the board of county commissioners of Dade County,by Resolution No. R-671-69, adopted on
May 28, 1969,expressed willingness to take action necessary to meet the objectives of the National Flood Insurance
Act of 1968 within Dade County,Florida; and by Resolution No. R-912-70,adopted on July 24, 1970,reaffirmed its
interest in securing flood insurance coverage under said act, and agreed to establish by December 31, 1971,
measures required under the Federal Insurance Program. In August of 1970, the Federal Insurance Administration
declared the entire area of Dade County eligible for federally assisted flood insurance,which insurance will mitigate
the effects of damages from such natural disasters as hurricanes and severe storms and their attendant flooding;and
WHEREAS, in 1993, the City Commission of the City of Opa-locka adopted Ordinance 93-1, which
created Article VI, of Chapter 7 of the Code of Ordinances, entitled"Flood Damage Protection", in order to ensure
compliance with the National Flood Insurance Program within the City;and
WHEREAS, FEMA has now advised the City that certain revisions to the Ordinance are necessary to be
fully compliant with Federal law.
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NOW THEREFORE,BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA THAT:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. Chapter 7 of the City of Opa-locka Code of Ordinances is hereby amended by rescinding
Article VI entitled "Flood Damage Protection", Sections 7-75 through 7-88, in their entirety, and substituting the
following:
ARTICLE VI.FLOOD DAMAGE PROTECTION
Section 7-75 —Purpose
This Article is to insure the continued availability of flood insurance through the National Flood Insurance
Program; to comply with federally imposed requirements; and to protect the public health, safety and general
welfare, by minimizing flood losses in the flood hazard areas of the City of Opa-locka, and to require that uses
vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of
initial construction and substantial improvement;control the alteration of natural floodplains,stream channels,and
natural protective barriers which are involved in the accommodation of flood waters; control filling, grading,
dredging and other development which may increase erosion or flood damage, and; to insure that potential home
buyers are notified that property is in a flood area.
Section 7-76--Definitions
"Accessory structure" shall mean a secondary structure, garage, or other building 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.
"Addition" (to an existing building) shall mean any walled and roofed expansion to the perimeter or height of a
building.
"Area of shallow flooding"shall mean a designated AO,AH,AR/AO,AR/AH or VO zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to
three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard"shall mean the land in the floodplain within a community subject to a one percent or
greater chance of flooding in any given year.
"Base flood"shall mean a flood having a one percent chance of being equaled or exceeded in any given year.
"Base flood elevation"shall mean the water surface elevation associated with the base flood.
"Basement"shall mean any area of the building having its floor subgrade(below ground level)on all sides.
"Below grade facilities" shall mean off-street parking facilities constructed underground and other similar types of
below grade areas within a building which are not habitable areas and, contain neither electrical nor mechanical
equipment.
"Building site"shall mean the ground area of a property occupied by buildings and other structures.
"Crown of the road(center Line)"shall mean a line running parallel with the highway right-of-way which is half the
distance between the extreme edges of the official right-of-way width as shown on a map approved by the
Department of Public Works,or the city.
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"Dade County,Flood Criteria Maps"shall mean those official maps of Dade County showing the required minimum
finished grade elevation of the ground surface within a development site and as adopted by the Board of County
Commissioners and recorded in Plat Book 120 at Page 13-1, 13-2, 13-3, 13-4 and 13-5 of the Public Records of
Dade County,as the same may be amended from time to time.
"Development"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 storage
of equipment or materials.
"Elevated building"shall mean for insurance purposes, a non-basement building which has its lowest elevated floor
raised above ground level by foundation walls,shear walls,posts,piers,pilings,or columns.
"Existing manufactured home park or 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 before June 18, 1974.
"Expansion to an existing manufactured home park or subdivision"shall mean the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including the
installation of utilities,the construction of streets,and either final site grading or the pouring of concrete pads).
"Finished grade as applied to a developments site" shall mean the established finished elevation after filling,
grading,or landscaping of the ground surface at a certain point within a development site.
"Flood or flooding"shall mean,
(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1)The overflow of inland or tidal waters.Including the overflow of streams and rivers.
(2)The unusual and rapid accumulation or runoff of surface waters from any source.
(3)Mudslides(i.e.,mudflows)which are proximately caused by flooding as defined in paragraph
(a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of
normally dry land areas,as when earth is carried by a current of water and deposited along the
path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused
by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature,such as flash flood or an abnormal tidal surge,or by some similarly unusual
and unforeseeable event which results in flooding as defined in paragraph(a)(1)of this definition.
"Floodproofing"shall mean structural and nonstructural additions, changes, or adjustments (other than elevating) to
non residential structures and utilities, which reduce or eliminate flood damage to water supply and sanitary sewage
facilities, structures, and contents of buildings. Floodproofing may be permitted in large residential structures such
as condominiums provided it is limited to electrical and utility rooms only. 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.
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(7) Construction of water supply and waste water treatment and disposal systems to prevent
the entrance or infiltration of flood waters.
(8) Pumping facilities or comparable practices for subsurface drainage systems for buildings
to relieve external foundation wall and basement flood pressures.
(9) Construction to resist rupture or collapse caused by water pressure or flooding debris.
(10) Installation of valves or controls of sanitary and storm 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.
(11) Location of all electrical equipments, circuits and installed electrical appliances in a
manner which will assure they are not subject to flooding and to provide protection from
inundation by the regulatory flood.
(12) Location of any structure, storage facilities for chemicals, explosives, buoyant materials,
flammable liquids or other toxic materials which could be hazardous to the public health,
safety, and welfare in a manner which will assure that the facilities are situated at
elevations above the height associated with the regulatory protection elevation or are
adequately floodproofed to prevent flotation of storage containers, or damages to storage
containers which could result in the escape of toxic materials into flood waters.
"Flood Insurance Rate Map (FIRM)" shall mean an official map of a community on which the Federal Emergency
Management Agency has delineated the areas of special flood hazard and the risk premium zones applicable to the
community.
"Flood Insurance Study" shall mean the official report provided by the Federal Emergency Management Agency.
The report contains flood profiles,as well as the water surface elevation of the base flood.
"Highest adjacent grade"shall mean the highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
"Historic structure"shall mean any structure that is:
(1) Listed individually in the National Register of Historic Places(a listing maintained by the
Department of the Interior)or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(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;
(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.
"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
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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 Section 7-78 (6).
"Manufactured home park or manufactured home subdivision" shall mean a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Manufactured home " 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.
"Mean sea level" shall mean average height of the sea for all stages of the tide. It is used as a reference for
establishing various elevations within a floodplain. For purposes of this chapter, the term is synonymous with
National Geodetic Vertical Datum(NGVD)of 1929 or North American Vertical Datum(NAVD)of 1988.
"Minimum finished grade" shall mean the grade elevation established at the final stage of development or the
Certificate of Occupancy(CO),at a specific development site.
"National Geodetic Vertical Datum (NGVD)" (as corrected in 1929) shall mean a vertical control used as a
reference for establishing varying elevations within the floodplain.
"New construction" shall mean a structure for which the "start of new construction commenced on or after June 18,
1974.The term includes any subsequent improvement to the structure.
"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 grading or
the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations on or
after June 18, 1974.
"North American Vertical Datum(NAVD)"(as corrected in 1988)shall mean a vertical control used as reference for
establishing varying elevations within the floodplain.
"Recreational vehicle"shall mean a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(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.
"Regulatory flood" (also herein referred to as the 100-year flood) shall mean the level of flooding that has a 1%
chance of equaling or exceeding in any given year. (See base flood).
"Start of construction" (for other than new construction or substantial improvements under the Coastal Barrier
Resources Act (Pub. L. 97-348) includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start date means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns,or any work beyond the stage of excavation;or the placement of a manufactured home on a
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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 buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 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 dimension of the building.
"Structure"shall mean for floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank that is principally above ground, as well as manufactured home. Structure, for insurance purposes
means:
(1) A building with two or more outside rigid walls and a fully secured roof that is affixed to a
permanent site;
(2) A manufactured home ("a manufactured home,"also known as a mobile home, is a structure:
built on a permanent chassis, transported to its site in one or more sections, and affixed to a
permanent foundation);or
(3) A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that
is regulated under the community's floodplain management and building ordinances or laws.
For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or
other similar vehicle,except as described in paragraph(3) of this definition, or a gas or liquid
storage tank.
"Substantial damage" shall mean damage of any origin sustained by a structure whereby the cost of restoring the
structure to it's before damage condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
"Substantial improvement" shall mean any reconstruction, rehabilitation, addition, or other improvement of a
structure,or combination of each,the cost of which equals or exceeds 50 percent of the market value of the structure
before the "start of construction" of the improvements. The term includes structures which have incurred
"substantial damage",regardless of the actual repair work performed.The market value of the structure shall be
(1) the appraised value of the structure prior to the start of construction of the initial repair or
improvement,or
(2) in the case of damage,the value of the structure prior to damage occurring. The term does not
include:
(3) any project for improvement of a structure required to comply with existing health, sanitary,
or safety code specifications which have been identified by the local code enforcement
official and which are solely necessary to assure safe living conditions.
"Substantially improved existing manufactured home, park or Subdivision" shall mean when the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the
value of the streets,utilities and pads before the repair,reconstruction or improvement commenced.
"Variance"shall mean a grant of relief from the requirements of this chapter.
"Violation" shall mean the failure of a structure or other development to be fully compliant with the City's
floodplain management regulations. A structure or other development without the elevation certificate, other
certifications, or other evidence required of this ordinance is presumed to be in violation until such time as that
documentation is provided.
Section 7-77--Administration and Enforcement
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Standards for development in a Special Flood Hazard(SFH)Area,and area outside of a Special Flood Hazard Area.
The areas outside the flood zone in designated Zone X is based on Miami-Dade County Code of Ordinance Chapter
11C, specifically Chapter 11C-3 (m) which applies to zones of special flood hazard and outside of the flood hazard
zone.
The Building Official or Flood Administrator or Certified Flood Manager (CFM) of the City of Opa-locka is
responsible for the administration and enforcement of this chapter and shall;
(1) Require all development permits for all new construction and other improvement within
said areas;and
(2) Review permit applications for repairs within said areas to determine that the proposed
repair:
(a) Uses construction materials and utility equipment which are resistant to flood
damage;and
(b) Uses construction methods and practices which will minimize flood damage.
(3) Review permit applications for new construction and substantial improvements within
said areas to assure that the proposed construction (including prefabricated and
manufactured homes):
(a) Is protected against flood damage,
(b) Is designed(or modified)and anchored to prevent flotation,collapse, and lateral
movement of the structure.
(c) Uses construction materials and utility equipment which are resistant to flood
damage,and also uses construction methods and practices which will minimize
flood damage;and
(d) Provides in the plans section of the development permit application the
appropriate flood zone, base flood elevation, crown of road information, and
any other information relevant to compliance with minimum elevation
requirements.
(4) Review subdivision proposals and other proposed new developments to assure that:
(a) All such proposals are consistent with the need to minimize flood damage.
(b) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located, elevated, or constructed to minimize or eliminate flood
damage,and
(c) Adequate drainage is provided so as to reduce the exposure to flood hazards.
(5) Require new and replacement water supply systems and treatment plants and sanitary
sewage plants and systems to be designed to minimize or eliminate infiltration of flood
waters and discharges from the systems and plants into flood waters, and require on-site
waste water disposal systems to be located so as to avoid impairment of them or
contamination from them during flooding.
(6) Require a lowest floor elevation certification or floodproofing certification before tie-
beam inspection and after the lowest floor is completed. Upon placement of the lowest
floor,or flood-proofing by whatever construction means, whichever is applicable, it shall
be the duty of the permit holder to submit to the Building Official as built elevation
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certification in relation to mean sea level. Said certification shall be prepared by or under
the direct supervision of a registered land surveyor or professional engineer and certified
by same.When flood-proofing is utilized for a particular structure, said certification shall
be prepared by or under the direct supervision of a professional engineer or architect and
certified by same using the FEMA Flood-proofing certificate as a requirement. Any work
undertaken prior to submission of the certification shall be at the permit holder's risk.
The Flood Administrator or Certified Flood Manager (CFM) or the Building Official
shall review the elevation certification submitted; deficiencies detected by such review
shall be corrected by the permit holder within 10 days and prior to further progressive
work being permitted to proceed. Failure to submit the survey or failure to make said
corrections shall be cause to issue a stop-work order for the project.
(7) Require that all new subdivision proposals and other proposed developments (including
proposals for manufactured home parks and subdivisions) include within such proposals
base flood elevation data, existing grade and crown of adjacent road elevations, five (5)
acres or 50-lot subdivision in A-Zones.
(8) Obtain, review and reasonably utilize any base flood elevation available from a federal,
state,or other source,including data developed pursuant to Section 7.77(7),as criteria for
requiring that new construction, substantial improvements, or other development in Zone
A on the community's FIRM meet the standards in this chapter.
(9) Review proposed development to assure that all necessary permits have been received
from those governmental agencies, including South Florida Water Management District,
from which approval is required by federal or state law, including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972,U.S.C. 1334.
(10) All records pertaining to the provisions of this chapter shall be maintained in the office of
the Building Official or Flood Administrator or Certified Flood Manager(CFM)and shall
be open for public inspection.
(11) Review proposed development to assure that:
(a) no use shall be made for other than crop, grove, nursery and grazing
purposes, or similar uses, and no building of any type shall be
constructed, erected upon or moved to any land below the elevation
established by the county flood criteria 10-year event or similar finding
as adopted by the Board of County Commissioners, or the back of
sidewalk elevation of the road fronting the property, or if there is no
sidewalk, the elevation of the crown of road or street abutting such
building site,whichever is higher.
(b) For uses other than residential requiring a floor, the floor elevation
shall be a minimum of four (4) inches above the elevation established
by the county flood criteria 10-year event or similar, or the back of
sidewalk elevation, or if there is no sidewalk, the elevation of the
highest crown of road or street abutting such building site,whichever is
higher, or if the road has no crown, then the highest edge of cross
section of the road shall apply. For all residential uses, the floor
elevation shall be a minimum of eight (8) inches above the elevation
established by the county flood criteria 10-year event or similar, or the
back of sidewalk elevation, or if there is no sidewalk, the elevation of
the highest crown of road or street abutting such building site,
whichever is higher, or if the road has no crown, then the highest edge
of cross section of the road shall apply.
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(c) In all cases and for all uses, when the property is located in a Special
Flood Hazard Area,as determined by the flood Insurance Rate Map for
the City of Opa-locka,Florida,the floor elevation obtained as described
in Section 7-77 (11) (a) and (b), shall be compared against the base
flood elevation shown on the Flood Insurance Rate Map and the higher
of the two shall be used for design and construction.
Section 7-78—Standards for development within Special Flood Hazard(SFH)Areas.
(1) No new construction and substantial improvement of any residential structure or
manufactured home shall be permitted in SFH Areas,and no development permit referred
to in Section 7-77 of this chapter shall be issued therefore, unless said new construction
and substantial improvement has the lowest floor (including basement) elevated to or
above the regulatory flood(100-year flood)elevation.
Electrical, plumbing, air conditioning and other attendant utilities must be constructed,
designed, and/or located so as to prevent water from entering or accumulating within
their components during conditions of flooding.
(2) No new construction and substantial improvement of any nonresidential structure shall
be permitted in SFH Areas,and no development permit referred to in Section 7-77 of this
chapter shall be issued therefore,unless said development has the lowest floor(including
basement) elevated to or above the level of the base flood(100-year flood). If the lowest
permitted floor level of such nonresidential structure (including basement) is below the
regulatory flood level then such nonresidential structure together with attendant utility
and sanitary facilities shall be flood-proofed to one foot above the level of the base flood;
provided that the lowest floor level of such nonresidential structure (including basement)
shall be not more than ten (10) feet below the base flood level. Where flood proofing is
utilized for a particular structure, a registered professional engineer or architect shall
certify that the floodproofing methods are adequate to withstand the flood depth,
pressures, velocities, impact and uplift forces associated with the base flood,and a record
of such certificates indicating the specific elevation (in relation to mean sea level) to
which such structure is floodproofed shall be maintained with the designated official.
(3) All manufactured homes placed, or substantially improved, on individual lots or parcels,
in expansions to existing manufactured home parks or subdivisions, in new manufactured
home parks, in substantially improved manufactured home parks, shall meet all of the
requirements for "new construction", including elevation in accordance with Section 7-
78 (1)and anchoring requirement of Section 7-77(3)(b).
(4) All manufactured homes placed,or substantially improved in an existing manufactured
home park or subdivision shall be elevated so that:
(a) The lowest floor of the manufactured home is elevated no lower than
the base flood elevation;or
(b) The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least an equivalent strength, of no less
than 36 inches in height above grade.
(c) The manufactured home shall be securely anchored to the adequately
anchored foundation system to resist flotation, collapse and lateral
movement.
(d) In an existing manufactured home park or subdivision in which a
manufactured home has incurred "substantial damage as the result of a
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flood, any manufactured home placed or substantially improved shall
meet the standards of Section 7-78(1)and 7-77(b)(3).
(5) All recreational vehicles placed within this area shall either:
(1) Be on site for fewer than 180 consecutive days;
(2) Be fully licensed and ready for highway use; or
(3) The recreational vehicle shall meet all the requirements for new construction,
including anchoring and elevation requirements of Section 7-78(3).
(4) Be on the site for fewer than 180 consecutive days. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices and has no
permanently attached structures.
(6) Elevated buildings. New construction and substantial improvements of elevated buildings
that include fully enclosed areas formed by foundations and other exterior walls below
the lowest floor shall be designed to preclude finished living space except allowable uses
(i.e. parking, limited storage and building access) and shall be designed to allow for the
entry and exit of floodwaters to automatically equalize hydrostatic flood forces on
exterior walls. Designs for complying with this requirement must either meet or exceed
the following minimum criteria or be certified by a professional engineer or architect:
(a) Provide a minimum of two (2) openings having a total net area of not
less than one square inch for every square foot of enclosed area subject
to flooding;
(b) The bottom of all openings shall be no higher than one foot above
grade; and
(c) Openings may be equipped with screens, louvers, valves or other
coverings or devices provided they permit the automatic flow of
floodwaters in both directions;
Electrical, plumbing, air conditioning and other utility connections must be constructed,
designed, and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door), (standard exterior door), or entry to the living area (stairway or
elevator); the interior portion of such enclosed area shall not be finished or partitioned
into separate rooms or air conditioned.
(7) Notify, in river line situations, adjacent communities and the Florida NFIP Coordinating
Office to any alteration or relocation of a watercourse, and submit copies of such
notifications to FEMA;
(8) The flood carrying capacity within the altered or relocated portion of any watercourse
shall be maintained.
Section 7-79—Accessory Buildings.
Nothing herein shall be construed to exclude accessory building from the provisions of this chapter.
Section 7-80--Application of Article.
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(1) This article shall apply to and be enforced in the incorporated areas of the City of Opa-
locka,Florida.
(2) Those maps referred to in Section 7-76 as amended effective September 11, 2009,
effective, together with the Flood Insurance Study therein, and any subsequent revisions
thereto, are hereby adopted by reference and are declared to be a part of this Ordinance,
and shall be kept on file available to the public,in the offices of the Building Official.
(3) The provisions of this article shall constitute minimum standards throughout the City of
Opa-locka.
Section 7-81 —Enforcement
The Building Official shall administer and enforce the provisions of this chapter within the City of Opa-locka.
Section 7-82—Rules for interpreting SFH Area boundaries.
The boundaries of the special flood hazard areas shown on the official Flood Insurance Rate Map may be
determined by scaling distances. Required interpretations of those maps for precise locations of said boundaries
shall be made by the Building Official.
Section 7-83—Effect of provisions on ordinances,building codes,other regulations.
This Ordinance shall supersede any conflicting County ordinance, City ordinance, building code, or any other
regulation to the extent that this Article imposes more stringent requirements for the use or development of any
lands or structures within SFH Areas in the incorporated areas of the City of Opa-locka. It is not intended to repeal,
modify,or change any such ordinance,building code or other regulation except as herein stated.
Section 7-84—Interpretation
The provisions of this chapter shall be liberally construed in favor of the governmental entities affected hereby in
order to effectuate the purposes herein stated.
Section 7-85--Variances.
(1) The City Manager or his or her designee shall have the authority and duty to consider and act
upon applications for a variance from these regulations for properties located within the
incorporated areas of the City of Opa-locka as hereinafter set forth. The City Manager or his
designee is hereby advised that in granting any variances hereunder,said official shall consider the
purposes of the Federal Emergency Management Agency as specified in Title 44,Code of Federal
Regulations. Furthermore, the City Manager or his designee shall consider the fact that an annual
report on variances granted shall be submitted to FEMA, which report is the basis for continued
availability of flood insurance to the inhabitants of the incorporated areas of the City of Opa-locka,
and therefore variances shall be granted with extreme caution.
(2) The City Manager or his or her designee may grant variances from the terms of this chapter as will
not be contrary to the public interest, where owing to special conditions, a literal enforcement of
the provisions hereof will result in unnecessary hardship, and so the spirit of the regulations shall
be observed and substantial justice done; provided, that the variance will be in harmony with the
general purpose and intent of this Ordinance and that the same is the minimum variance that will
permit the reasonable use of the premises. Upon receipt of all necessary information including a
staff report,the City Manager or his designee shall review the information and render his decision,
approving, modifying or denying the request. A copy of said decision shall be published in a
newspaper of general circulation. All approvals or modifications shall not be effective until ten
(10) days after the City Manager or his or her designee's decision is published in a newspaper of
11
general circulation, with the costs of publication being borne by the petitioner. A courtesy notice
containing the decision of the City or his or her designee may be mailed to adjacent and abutting
property owners of record, their tenants or their agents, that are duly noted on the application. The
failure to mail or receive such courtesy notice shall not affect any action or proceedings taken
hereunder.
(3) Variances may be issued by the City Manager or his or her designee for the reconstruction,
rehabilitation or restoration of historic structures as defined herein without regard to the
procedures set forth in the remainder of this section, except for Section 7-85(4) (1), and provided
the proposed reconstruction, rehabilitation, or restoration will not result in the loss of historic
designation.
(4) In passing upon all such applications except those pursuant to Section 7-85(3), the City or his
designee, shall consider all technical evaluations, all relevant factors, all standards specified in
other sections of this chapter,and:
(a) The danger that material may be swept onto other lands to the injury of
others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the
community;
(e) The necessity of the facility to be located in close proximity to water.
(0 The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated
development;
(h) The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(j) 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 sites.
(k) Upon consideration of the factors listed above, and the purposes of this
chapter, the City Manager or his designee may attach such conditions,
limitations, and restrictions to any variance as he deems necessary to
further the purposes of this chapter.
(1) Criteria for variances:
(i) Variances shall only be granted upon a determination that the
variance is the minimum necessary, considering the flood
hazard,to afford relief;and in the instance of a historical
12
building, a determination that the variance is the minimum
necessary in order not to destroy the historic character and
design of the building;
(ii) Variances shall only be granted upon (i) a showing of good
and sufficient cause, (ii) a determination that failure to grant
the variance upon or victimization of the public, or conflict
with existing local laws or ordinances.
(m) 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 structure is to be built and stating that the
cost of flood insurance will be commensurate with the increased risk
resulting from the lowest floor being located below the base flood
elevation(as high as$25 for$100 coverage).
(n) The City Manager or his or her designee shall maintain the records of
all variance actions and report any variances to the Federal Emergency
Management Agency upon request.
(o) Review and appeal. Review of any decision or action of the City
Manager or his or her designee pursuant to this Ordinance may be
appealed to the Dade County Environmental Quality Control Board, in
accordance with the procedures set forth in Section 24-6 of the County
Environmental Protection Ordinance. Any person aggrieved by any
decision of the Dade County Environmental Quality Control Board on
an appeal may seek judicial review in accordance with the Florida
Rules of Appellate Procedure.
Section 7-86--Warning and disclaimer of liability.
The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on
scientific studies. Larger floods may occur.
This article shall not be deemed to imply that areas inside or outside designated flood hazard areas will be entirely
free from flood or flood damages, and shall not create liability on the part of the City of Opa-locka or any officer or
employee thereof for any flood damages that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
Section 7-87--Penalties for violation.
(1) Willful violations of the provisions of this chapter or failure to comply with any requirements
hereunder(including violations of conditions, restrictions, or limitations established in connection
with any variances) shall constitute an offense punishable by a fine of not more than five hundred
dollars ($500.00) or imprisonment for not more than sixty (60) days or both. Each day such
violation continues shall be considered as a separate offense.
Section 7-88 --Enforcement through Legal Action.
Notwithstanding the provisions of this Section, the official responsible for the enforcement of the provisions of this
chapter may secure enforcement hereof by any legal action necessary, such as application to any court for injunctive
relief,revocation of any building permit issued hereunder or other appropriate means.
[END OF ORDINANCE]
13
Section 3. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the City of Opa-locka as an addition or amendment thereto.
Section 4. All ordinances or Code provisions in conflict herewith are hereby repealed.
Section 5. If any section, subsection, sentence, clause,phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, district and independent provision and such holding shall not affect the validity of the remaining portions
of this Ordinance.
Section 6. This Ordinance shall, upon adoption, become effective as specified by the City of Opa-
locka Charter and Code of Ordinances.
PASSED AND ADOPTED this 11th day of April, 2012.
7
1'fr►►Aii
YRA T LOR
M• OR
•ttest to:
,z,,,„1/410\ tkg\--)
'canna Flores
terim City Clerk
Approved as o form and legal sufficiency:
ill
Al
� 01F tiler
Jose ti..
Cit;JAtto ey
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER MILLER !. /
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice Mayor Johnson: YES
Mayor Taylor: YES
14
Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner Gail Miller
FROM: Bryan K. Finnie, City Manager
DATE: March 14, 2012
RE: Revision to Flood Damage Prevention Ordinance 93-1 Adopted January 13, 1993
Request: APPROVAL OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
AMEND CHAPTER 7 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCE
BY CREATING ARTICLE VI ENTITLED "FLOOD DAMAGE PROTECTION"
AND SUBMIT TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA).
Recommendation(s): Staff recommends approval.
Ordinance No.93-1 adopted on January 13, 1993:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AMENDING CHAPTER 7 OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES BY CREATING ARTICLE VI ENTITLED "FLOOD DAMAGE
PROTECTION"; PROVIDING A SHORT TITLE; PROVIDING A STATEMENT OF
PURPOSE; PROVIDING OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING
JURISDICTION; PROVIDING A BASIS FOR ESTABLISHING AREAS OF SPECIAL
FLOOD HAZARD; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT
PERMITS; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND
GREATER RESTRICTIONS; PROVIDING FOR INTERPRETATION, PROVIDING A
WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING FOR DESIGNATION OF LOCAL ADMINISTRATOR;
PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES AND
RESPONSIBILITIES OF THE BUILDING OFFICIAL; PROVIDING PROCEDURES
FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL AND SPECIFIC
STANDARDS FOR HAZARD REDUCTION; PROVIDING STANDARDS FOR
STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS; PROVIDING
STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR ORDINANCES IN
CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE.
Description: The Great City of Opa-locka participated in the National Flood Insurance
Program through which city property owners avail flood insurance underwritten by Federal
Government for the city to be in good standing in the National Flood Insurance Program (NFIP).
1
It has adopted the above described flood damage prevention ordinance and has been
implementing its provisions.
On September 28-29, 2011 Dr. Parsad Inmula from Federal Emergency Management Agency
(FEMA) visited the Building Department of the City of Opa-locka. The purpose of this
Community Assistance Visit (CAV) was to evaluate the effectiveness of floodplain management
and other programs the city implements to eliminate or reduce potential flood damage.
Revisions to the Ordinance were made by staff as indicated in FEMA report in order for the City
of Opa-locka to be fully compliant with the National Flood Insurance Program (NFIP) flood
management criteria.
Revisions/Changes: The original ordinance remains the same with the exception of minor revisions
such as changes in definitions to match Code of Federal Regulation. (Title 44 of the Code of Federal
Regulation CFR, Section 60.3, Mean Sea Level in the original ordinance was referenced to National
Geodetic Vertical Datum (NGVD of 1929 only. We also have an additional reference to the North
American Vertical Datum (NAVD of 1988 similar to NGVD of 1929). South Florida Management
District has also been added as a Governmental Permitting Agency. Due to no sand dunes in the City of
Opa-locka, references of sand dunes have been removed. There were also some deletions of repetitive
paragraphs, spelling corrections, addition of definitions, and revisions of terminology.
Account Number: N/A
Financial Impact: Compliance with NFIP will result in savings in Flood Insurance premiums for
properties within the City of Opa-locka.
Implementation Time Line: Immediately
Legislative History: Ordinance 93-1 adopted on January 13, 1993
Analysis: Ordinance 93-1 was reviewed by FEMA and staff. Corrections have been made to
comply with FEMA codes and regulations.
Attachments: I. Ordinance#93-1
Prepared by: Arshad Vigar, Interim Building Director
End of Memorandum
2
THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,APRIL 1,2012 I 5ND
RELIGION NOTES
•cis;,i;:
You an Waled to publish you iUpion events rid services Wine at ow followed by a kiddush/lunch.Weekly
wabdte by gong to Mlantliwaidcomievents and ddddng on•.add to ow Classes for adults and children CITY OF OPA-LOCKA,FLORIDA
NOW on the upper right and follow the shrlpb instructions.i you are (e-mail or call for details?411 41st St., y
owe to air listings a g you have a correction to an adsthg listing or a (Arthur Godfrey Rd.)Miami Beach. NOTICE TO THE PUBLIC
special event at you horse of worship,please e-nall Sue Mutiln at snail- 305-535-0094 or wwwl conlinenrg.
Nn®Mil rhino d.can 305-176-3355.Religion calendws appear the fist King of Glory Anglican Chuck
Sunday of each month. Sunday 10 a.m.Adult education; NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold
11:30 a.m.English Holy Eucharist;130
EVENTS 57th Ave.,Miami.305-621-2239. p.m.Spanish Holy Eucharist;254 public hearings at its Regular Commission Meeting on Wednesday,April 11,2012 at 7:00 p.m.
Christian Schwa Sunday Ratio Curtiss Pkwy.,Miami Springs. at the Opa-locka Municipal Complex,780 Fisherman Street,2nd Floor,Opa-locka,Florida to
Apple Beth TarAhavat Shalom Program:Weekly redo program on 305-742-5262.
Celebrates Passover:The conserva- WINZ-AM(940);&30 a.m.Sunday. Miami Gardens Church of Christ 9 consider 2n1 reading of the following ordinances:
five Passover Seders,officiated by wwwchristiansciencefloridaorg. a.m.Sunday.Bible Study 2255 NW
Rabbi Manuel Armors and Cantor Church of God of Prophecy-Ridge: 183rd St.,Miami Gardens. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
Irving Resnick,include full-course, Call for Bible study time;5937 NW 305-625-068a
Kosher dinners,the full Haggddah 22nd Ave,Miami.305-634-8227. Miami Lakes United Methodist TO APPROVE THE REQUEST OF MAGNOUA APARTMENT, LLC, TO REZONE PROPERTY
reading,and songs;7 p.m.April 6 Chich of the Open Door 930 a.m. Church Holds prayer services and DESCRIBED BY FOLIO 08-2122-003-0040 FROM R-2(DUPLEX)ZONING DISTRICT TO THE
and 8:30 pm.April 7;Temple Beth Sunday.Scoot 1030 a.m.Sunday-. events throughout the week Sunday
Toy Ahsavat Shalom,6438 SW Eighth Worship service;10:45 a.m.Sunday: schedule is 9:30-11 a.m.Korean MAGNOLIA NORTH REDEVELOPMENT OVERLAY(MNRO)ZONING DISTRICT WITH SPECIAL
St.,West Miami S40 per adult.$70 Children's service;10:30 am.and 7 Mission Worship;10 a.m.MLUMC EXCEPTIONS TO OPERATE A MULTIFAMILY HOUSING USE AT THE SITE;PROVIDING FOR
for both nights;$15 child Call p,m,Wednesday:Bible study,6001 Worship Service and Children's
Beat at 7223-757 or Ruth at NW Eighth Ave,Miami. Church;n a.m.Welcome Luncheon, INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING
305.382-0240. 305-759-0373 or write to 11:30 am.-230 p.m.New Direction FOR SEVERABIUTY;PROVIDING FOR CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE
The Association for Jewish Special opendoorc@bellsouth.nef. Christian Center and 7-8 p.m.New
Ed.Celebrates Passover All Jewish Church of God of Prophecy-Ridge: Direction Christian Center,14800 NW (first reading held on March 14,2012).Sponsored by C.M.
adults with developmental disabili- Call for Bible study tine;5937 NW 67th Ave.,Miami Lakes.
ties,along with their family and 22nd Ave.,Miami.305-634-8227. 305-821-7274. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
friends,we Invited to the 35th Country Village Clutch of Christ Miami Sprhgs Baptist Chadc 7
Annual Model Seder and Dinner.A Family Bible Study 930 a.m.Sun- p.m.Tuesdays,6:15 p.m.Wednesdays TO APPROVE THE REQUEST OF MAGNOUA APARTMENT, LLC,TO REZONE PROPERTY
modified Haggadah is used.Individ- day,3201 NW 185th St.,Miami and 9 a.m.Sundays:Bible Study, DESCRIBED BY FOUO 08-2122-003-0610 FROM R-2(DUPLEX)ZONING DISTRICT TO THE
ual participation is encouraged;3:30 - Gardens.786-512-7643. 1015 a.m.Sundays:Worship Services;
p.m.April 1.Greater Miami Jewish Fifth Church of Christ Sdentith 1600 378 Westward Dr.,Miami Springs. MAGNOLIA NORTH REDEVELOPMENT OVERLAY(MNRO)ZONING DISTRICT WITH SPECIAL
Federation,4200 Biscayne Blvd, NW 54th St.,Miami.305-696-3766. 305-888-1538 or EXCEPTIONS TO OPERATE A MULTIFAMILY HOUSING USE AT THE SITE;PROVIDING FOR
c�iverr(a�nly 4 t caregiver's n Rrst ational lUCC of North((United Church of ~ Mount�Methodist Epbcopal INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER;PROVIDING
agency is payer);$16 other. Clrht):9 a.m.Sunday Spiritual Chuck 7:30 p.m.Monday:Bible FOR SEVERABIUTY;PROVIDING FOR CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE
305-279-8150(Charlotte)or discussion;10:30 a.m.Sunday. study 15250 NW 22nd Ave.,Miami
954-442-9624(Bence). Worship service with The Rev. Gardens.305-681-3300. (first reading held on March 14,2012).Sponsored by CM.
Easter lrlduumu-Hoy Week Schedule Aqueelah As-Sallam,pastor. New Mall Pleasant Baptist Chuck
at SL Mail The Ard.a get Holy Wednesday Contemporary Worship Celebrates its 19th anniversary.For AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
Thursday,8-11 p.m.April 5,The Mass 7 p.m.,1200 NE 135th St.,North additional information on the anni-
of the Lord's Supper,Good Friday,10 Miami.305-891-1183 or versary celebration events,call Sister AMENDING CHAPTER 7 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES BY AMENDING
a.m.-noon April 6,Sacrament of 6rstchuchofnmuccorg. Doris Richburg,chairperson,at ARTICLE 7 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES BY AMENDING ARTICLE
Confession held in the chapel.At 6 First Presbyterian Church of Miami 305-687-5174;5518 NW 23rd Ave,
p.m.,Way of the Cross procession Sprigs:Bible study group at 9 a.m. Miami.305-654-8514. VI ENTITLED"FLOOD DAMAGE PROTECTION";PROVIDING A SHORT TITLE;PROVIDING A
held outdoors in the streets.At 8 Sunday in the Bailey Room;10:30 Nodand United Methodist Church: STATEMENT OF PURPOSE;PROVIDING OBJECTIVES;PROVIDING DEFINITIONS;PROVIDING
p.m.,Celebration
Holy Saturday,8 .April with The Rev.an LLah meeyyer pastor CCaall 305-652-5172 for regular service JURISDICTION; PROVIDING A BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD
7,Easter Vigit St Michael The Arch- and a lunch wit follow the service, times and days. HAZARD;PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMITS;PROVIDING FOR
angel Church,2987 W.Flagler St., 301 Westward Dr.,Miami Springs. The Orthodox Cathedral of Christ
Little Havana.305-649-1811. 305-887-8258 or the Savior.Saturday Vespers and COMPUANCE;PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS;PROVIDING FOR
SERVICES wwwmiamispringspresby.com.
Grace Lutheran Church:9 a.m.: Confessions at 6 p.m.,Sunday Matins
at 830 a.m.,Sunday Liturgy at 10
INTERPRETATION,PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY;PROVIDING
Asarnplloru INaaNian Catholic Sunday School;9:40-955 a.m. a.m.16601 NW 77 Ct.,Miami Lakes. PENALTIES FOR VIOLATION;PROVIDING FOR DESIGNATION OF LOCAL ADMINISTRATOR;
auras 9 a.m.Sunday:Divine Sunday Praise singing;10 a.m. 305-822-0437 or PROVIDING PERMIT PROCEDURES;PROVIDING DUTIES AND RESPONSIBIUTIES OF THE
Liturgy in English;10 a.m.Sunday Sunday.Worship service;254 Curtiss www.orthodoxmiami.org.
Sung Divine Liturgy In Ukrainian with Pkwy.,Miami Springs.305-888-2871 Our Lady of the takes Catholic BUILDING OFFICIAL;PROVIDING PROCEDURES FOR VARIANCES FROM THIS ORDINANCE;
parish chair,39 NW 57th Ct.,West or 305-888-9045. Clued:5 p.m.Saturday Vigil Mass; PROVIDING GENERAL AND SPECIFIC STANDARDS FOR HAZARD REDUCTION;PROVIDING
Miami-Dade;305-262-4192 or Ialeah Church of Christ 9:30 a.m. 7,9:30 and 11 a.m.and 5 p.m.:English
httpjAxcm.us. Sunday Bible study;10:30 a.m. Mass;8 a.m.,12:45 and 7 p.m.:Mass STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS;
Beth Moths:6:30-7:30 p.m.Friday: Sunday Worship service;6 p.m. in Spanish;15801 NW 67th Ave., PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS;PROVIDING FOR SEVERABIUTY;
Evening services followed by Oneg; Sunday Worship;7:30 pm.Wednes- Miami Lakes.305-558-2202.
9 a.m.Saturday:Morning service day Bible study,7700 W.20th Ave., Peace Missionary Baptist Church: PROVIDING FOR INCLUSION INTO THE CODE;PROVIDING FOR ORDINANCES IN CONFLICT;
followed by kiddish lunch with Hialeah.305-558-1060. Sunday Early Morning Worship at 8 AND PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 14, 2012).
Rabbi Jory Lang;2225 NE 121st St., Holy Redeemer Catholic Chid, a.m.,Sunday Morning Worship at 11
North Miami 305-891-5508. 1301 NW 71st St.,Miami.305-691-1701 a.m.,Evening Worship every first and Sponsored by C.M.
Beth Torah Beam Roth 7:30 a.m. or www.holyredeee errcmiami.org. third Sundays at 6 pm.,Monday
and 7 p.m.daily Minyan service;6:30 Holy Temple M.B.Clunk 730 a.m. Noon Prayer,Men's Chorus Rehearsal Additional information on the above items may be obtained in the Office of the City Clerk,
p.m.Shabbat Family services with Sunday Morning worship;9:45 a.m. at 8 a.m.Monday;Choir Rehearsal at '"Floor,Opa-locka,Edwin Farber and Cantor Luis Sunday Sunday School;11 a.m., 8 a.m.Monday,Prayer Meeting and 780 Fisherman Street,4 pa-locka,Florida.All interested persons are encouraged to
Caftan;7:30 p.m.Shabbat b'yachad Tuesday:The Worship Experience; Bible Study at 7 p.m.Wednesday, attend this meeting and will be heard with respect to the public hearing.
services with Rabbi Mario Rgmhan 730 p.m.Tuesday:Prayer and Bible 11500 NW 17th Ave.,Miami.
and Cantonal soloist Genine Miller Study,7:30 p.m.Wednesday:Mission 305-681-4681. PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,
and 9 a.m.Shabbat morning serv- Study Hour,5:30 p.m.Thursday: Prince of Peace Catholic Church .
: y ppe y y y
ices,20350 NE 26th Ave,North Youth Ministry 2341 NW 143rd St., 9:45 a.m.and 7:35 p.m.Sunday Mass agency,or commission with respect to any matter considered at such meeting or hearing will
Miami Beach.305-932-2829. Opa-locka;305-681-7883 or in English;7 p.m.Thursday and proceedings,of th
d need a record o the may ChristFeiovstdp-Dondm ww.
mCam- wholytemple-mbc.org. Friday,Monday-Wednesday nee P g ,and for that reason,ma need to ensure that a verbatim
pus:11 a.m.and 12:30 P.M.Sunday Jena People Ministries Church:7:30 Saturday;8,11:30 a.m.and 6 p.m. record of the proceedings is made,which record includes the testimony and evidence upon
Worship service;3 p.m.Sunday p.m.Tuesday Family Bible study; Sunday Mass in Spanish;12800 NW which th
Service in Spanish;500 NE First ce appeal ma y be based.
Ave.,, 4055 NW 183rd St.,Miami Gardens. Sixth St.,Miami 305-559-3171.
Miami.305-238-1818 or 305-625-9630 or SL Bernard de Claims Episcopal
www.cfmiarnl.org. http:/llesnspeoplemiami.og. Chuck 8 and 10 a.m.Sunday and JOANNA FLORES,CMC
Christian Faith Fellowship Clunk Jewish Learning Center Chebad 10 INTERIM CITY CLERK
1030 a.m.Sunday Service;16191 NW a.m.Saturday morning services •TURN TO RELIGION,7ND ,
First Reading: November 25, 1992
Second Reading: January 13, 1993
Posting: January 14, 1993
Adoption: January 13, 1993
Revised: February 14,2012
ORDINANCE NO. 93-1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA,AMENDING CHAPTER 7 OF THE CITY OF
OPA-LOCKA CODE OF ORDINANCES BY CREATING ARTICLE VI
ENTITLED"FLOOD DAMAGE PROTECTION";PROVIDING A SHORT
TITLE; PROVIDING A STATEMENT OF PURPOSE; PROVIDING
OBJECTIVES;ON;PROVIDING A BASIS FO(ESTABLISHING PROVIDING
JURISDICTI AREAS
OF SPECIAL FLOOD HAZARD;PROVIDING FOR ESTABLISHMENT OF
DEVELOPMENT PERMITS; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS;
PROVIDING FOR INTERPRETATION,PROVIDING A WARNING AND A
DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING FOR DESIGNATION OF LOCAL
ADMINISTRATOR;PROVIDING PERMIT PROCEDURES;PROVIDING
DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL;
PROVIDING PROCEDURES FOR VARIANCES FROM THIS ORDINANCE;
PROVIDING GENERAL AND SPECIFIC STANDARDS FOR HAZARD
REDUCTION;PROVIDING STANDARDS FOR STREAMS WITHOUT
ESTABLISHED BASE FLOOD ELEVATIONS;PROVIDING STANDARDS
FOR SUBDIVISION PROPOSALS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION INTO THE CODE;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the Legislature of the State of Florida has in F.S. Chapters 125, 163
and 166 of Florida Statutes delegated the responsibility to local government units to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry;
and
WHEREAS,the flood hazard areas of the City of Opa-locka,Florida are subject to
flooding resulting in danger to life,loss of property,health and safety hazards,disruption of
commerce and governmental services,extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely affect the public health,
safety and general welfare; and
1
WHEREAS, the board of county commissioners of Dade County,by Resolution
No.R-671-69, adopted on May 28, 1969, expressed willingness to take action necessary to
meet the objectives of the National Flood Insurance Act of 1968 within Dade County,
Florida; and by Resolution No.R-912-70, adopted on July 24, 1970,reaffirmed its interest in
securing flood insurance coverage under said act, and agreed to establish by December 31,
1971,measures required under the Federal Insurance Program. In August of 1970,the Federal
Insurance Administration declared the entire area of Dade County eligible for federally assisted
flood insurance, which insurance will mitigate the effects of damages from such natural disasters
as hurricanes and severe storms and their attendant flooding; and whereas, in 1993,the City
Commission of the City of Opa-locka created Article VI,entitled"Flood Damage
Protection"in order to ensure compliance with the National Flood Insurance Program within
city.
NOW THEREFORE,BE IT DULY ORDAINED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA THAT:
Section 1. Chapter 7 of the City of Opa-locka Code of Ordinances is hereby amended to
include a new Article VI entitled"Flood Damage Protection,Sections 7-75 through 7-88 to read
as follows:
ARTICLE VI.FLOOD DAMAGE PROTECTION
Section 7-75 --Purpose
This Article is to insure the continued availability of flood insurance through the National Flood
Insurance Program; to comply with federally imposed requirements; and to protect the
public health, safety and general welfare,by minimizing flood losses in the flood hazard areas of
the City of Opa-locka, and to require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of initial construction and
substantial improvement; control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation of flood waters; control
filling,grading,dredging and other development which may increase erosion or flood damage,
and;to insure that potential home buyers are notified that property is in a flood area.
Section 7-76--Definitions
"Accessory structure"shall mean a secondary structure, garage,or other building 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.
"Addition" (to an existing building)shall mean any walled and roofed expansion to the perimeter
or height of a building.
2
"Area of shallow flooding" shall mean a designated AO,AH,AR/AO,AR/AH or VO zone on a
community's Flood Insurance Rate Map(FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
"Area of special flood hazard"shall mean the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
"Base flood" shall mean a flood having a one percent chance of being equaled or exceeded in
any given year.
"Base flood elevation"shall mean the water surface elevation associated with the base flood.
"Basement"shall mean any area of the building having its floor subgrade(below ground level)
on all sides.
"Below grade facilities"shall mean off-street parking facilities constructed underground and
other similar types of below grade areas within a building which are not habitable areas and,
contain neither electrical nor mechanical equipment.
"Building site"shall mean the ground area of a property occupied by buildings and other
structures.
"Crown of the road(center Line)"shall mean a line running parallel with the highway right-of-
way which is half the distance between the extreme edges of the official right-of-way width as
shown on a map approved by the Department of Public Works, or the city.
"Dade County,Flood Criteria Maps" shall mean those official maps of Dade County showing the
required minimum finished grade elevation of the ground surface within a development site and
as adopted by the Board of County Commissioners and recorded in Plat Book 120 at Page 13-1,
13-2, 13-3, 13-4 and 13-5 of the Public Records of Dade County, as the same may be amended
from time to time.
"Development"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 storage of equipment or materials.
"Elevated building"shall mean for insurance purposes,a nonbasement building
which has its lowest elevated floor raised above ground level by foundation walls,
shear walls,posts,piers,pilings,or columns.
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"Existing manufactured home park or 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 before June 18, 1974.
"Expansion to an existing manufactured homepark or subdivision"
shall mean the preparation of additional sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed(including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Finished grade as applied to a developments site" shall mean the established finished elevation
after filling, grading,or landscaping of the ground surface at a certain point within a
development site.
"Flood or flooding"shall mean,
(a) A general and temporary condition of partial or complete inundation of normally dry
land areas from:
(1)The overflow of inland or tidal waters. Including the overflow of streams and
rivers.
(2)The unusual and rapid accumulation or runoff of surface waters
from any source.
(3)Mudslides (i.e., mudflows) which are proximately caused by
flooding as defined in paragraph(a)(2)of this definition and are akin
to a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited
along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other body of water
as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge,or by some similarly unusual
and unforeseeable event which results in flooding as defined in paragraph(a)(1)of this
definition.
"Floodproofing" shall mean structural and nonstructural additions, changes,or adjustments
(other than elevating)to non residential structures and utilities,which reduce or eliminate
flood damage to water supply and sanitary sewage facilities, structures, and contents of
buildings. Floodproofing may be permitted in large residential structures such as condominiums
provided it is limited to electrical and utility rooms only. 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
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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) Pumping facilities or comparable practices for subsurface drainage
systems for buildings to relieve external foundation wall and basement
flood pressures.
(9) Construction to resist rupture or collapse caused by water pressure or
flooding debris.
(10) Installation of valves or controls of sanitary and storm 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.
(11) Location of all electrical equipments,circuits and installed electrical
appliances in a manner which will assure they are not subject to flooding
and to provide protection from inundation by the regulatory flood.
(12) Location of any structure, storage facilities for chemicals,explosives,
buoyant materials,flammable liquids or other toxic materials which could
be hazardous to the public health, safety, and welfare in a manner which
will assure that the facilities are situated at elevations above the height
associated with the regulatory protection elevation or are adequately
floodproofed to prevent flotation of storage containers,or damages to
storage containers which could result in the escape of toxic materials into
flood waters.
"Flood Insurance Rate Map(FIRM)" shall mean an official map o a community on nazard and ethe
Federal Emergency Management Agency has delineated the areas of special flood
risk premium zones applicable to the community.
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"Flood Insurance Study" shall mean the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the water surface elevation of
the base flood.
"Highest adjacent grade" shall mean the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
"Historic structure"shall mean any structure that is:
(1) Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior)or
preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(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;
(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.
"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 Section 7-78 (6).
"Manufactured home park or manufactured home subdivision" shall mean a parcel(or
contiguous parcels)of land divided into two or more manufactured home lots for rent or sale.
"Manufactured home " 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
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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.
"Mean sea level"shall mean average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within a floodplain. For purposes of this chapter,
the term is synonymous with National Geodetic Vertical Datum(NGVD) of 1929 or North
American Vertical Datum(NAVD)of 1988.
"Minimum finished grade" shall mean the grade elevation established at the final stage of
development or the Certificate of Occupancy(CO), at a specific development site.
"National Geodetic Vertical Datum(NGVD)"(as corrected in 1929) shall mean a vertical
control used as a reference for establishing varying elevations within the floodplain.
"New construction"shall mean a structure for which the "start of new construction commenced
on or after June 18, 1974.The term includes any subsequent improvement to the structure.
"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 grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management regulations
on or after June 18, 1974.
"North American Vertical Datum(NAVD)" (as corrected in 1988) shall mean a vertical control
used as reference for establishing varying elevations within the floodplain.
"Recreational vehicle"shall mean a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest
horizontal projections;
(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.
"Regulatory flood"(also herein referred to as the 100-year flood)shall mean the level of
flooding that has a 1% chance of equaling or exceeding in any given year. (See base flood).
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"Start of construction"(for other than new construction or substantial improvements under the
Coastal Barrier Resources Act(Pub. L. 97-348)) includes substantial improvement, and means
the date the building permit was issued,provided the actual start of construction,repair,
reconstruction,rehabilitation, addition placement, or other improvement was within 180 days of
the permit date. The actual start date means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings,the installation of piles, the
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
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. 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 dimension of the building.
"Structure" shall mean for floodplain management purposes,a walled and roofed building,
including a gas or liquid storage tank,that is principally above ground, as well as manufactured
home. Structure,for insurance purposes means:
(1)A building with two or more outside rigid walls and a fully secured roof,that
is affixed to a permanent site;
(2)A manufactured home("a manufactured home,"also known as a mobile
home, is a structure: built on a permanent chassis, transported to its site in one
or more sections, and affixed to a permanent foundation);or
(3)A travel trailer without wheels,built on a chassis and affixed to a permanent
foundation,that is regulated under the community's floodplain management
and building ordinances or laws. For the latter purpose,"structure"does not
mean a recreational vehicle or a park trailer or other similar vehicle, except as
described in paragraph(3)of this definition, or a gas or liquid storage tank.
"Substantial damage"shall mean damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damage condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement"shall mean any reconstruction,rehabilitation, addition,or other
improvement of a structure,or combination of each,the cost of which equals or exceeds 50
percent of the market value of the structure before the"start of construction"of the
improvements. The term includes structures which have incurred"substantial damage",
regardless of the actual repair work performed. The market value of the structure shall be
(1)the appraised value of the structure prior to the start of construction of the
initial repair or improvement, or
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(2) in the case of damage,the value of the structure prior to damage occurring.
The term does not include:
(3) any project for improvement of a structure required to comply with existing
health, sanitary,or safety code specifications which have been identified by
the local code enforcement official and which are solely necessary to assure
safe living conditions.
"Substantially improved existing manufactured home,park or Subdivision"shall mean when the
repair,reconstruction, rehabilitation or improvement of the streets, utilities and pads
equals or exceeds 50 percent of the value of the streets,utilities and pads before the repair,
reconstruction or improvement commenced.
"Variance" shall mean a grant of relief from the requirements of this chapter.
"Violation" shall mean the failure of a structure or other development to be fully compliant
with the City's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence required of this ordinance is
presumed to be in violation until such time as that documentation is provided.
Section 7-77 --Administration and Enforcement
Standards for development in a Special Flood Hazard(SFH)Area, and area outside of a Special
Flood Hazard Area. The areas outside the flood zone in designated Zone X is based on Miami-
Dade County Code of Ordinance Chapter 11C, specifically Chapter 11C-3 (m)which applies to
zones of special flood hazard and outside of the flood hazard zone.
The Building Official or Flood Administrator or Certified Flood Manager(CFM)of the City of
Opa-locka is responsible for the administration and enforcement of this chapter and shall;
(1) Require all development permits for all new construction and
other improvement within said areas; and
(2) Review permit applications for repairs within said areas to
determine that the proposed repair:
(a) Uses construction materials and utility equipment which
are resistant to flood damage; and
(b) Uses construction methods and practices which will
minimize flood damage.
(3) Review permit applications for new construction and
substantial improvements within said areas to assure that
the proposed construction(including prefabricated and
manufactured homes):
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(a) Is protected against flood damage,
(b) Is designed(or modified)and anchored to prevent flotation,
collapse, and lateral movement of the structure.
(c) Uses construction materials and utility equipment which
are resistant to flood damage, and also uses
construction methods and practices which will minimize
flood damage; and
(d) Provides in the plans section of the development permit
application the appropriate flood zone, base flood elevation, crown
of road information, and any other information relevant to
compliance with minimum elevation requirements.
(4) Review subdivision proposals and other proposed new developments to
assure that:
(a) All such proposals are consistent with the need to minimize flood
damage.
(b) All public utilities and facilities, such as sewer,gas, electrical, and
water systems are located, elevated, or constructed to minimize or
eliminate flood damage, and
(c) Adequate drainage is provided so as to reduce the
exposure to flood hazards .
(5) Require new and replacement water supply systems and treatment plants
and sanitary sewage plants and systems to be designed to minimize or
eliminate infiltration of flood waters and discharges from the systems and
plants into flood waters, and require on-site waste water disposal systems
to be located so as to avoid impairment of them or contamination from
them during flooding.
(6) Require a lowest floor elevation certification or floodproofmg certification
before tie-beam inspection and after the lowest floor is completed.Upon
placement of the lowest floor,or flood-proofing by whatever construction
means, whichever is applicable,it shall be the duty of the permit holder to
submit to the Building Official as built elevation certification in relation to
mean sea level. Said certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer and
certified by same. When flood-proofing is utilized for a particular
structure, said certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same
using the FEMA Flood-proofing certificate as a requirement. Any work
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undertaken prior to submission of the certification shall be at the permit
holder's risk.
The Flood Administrator or Certified Flood Manager(CFM)or the
Building Official shall review the elevation certification submitted;
deficiencies detected by such review shall be corrected by the permit
holder within 10 days and prior to further progressive work being
permitted to proceed.Failure to submit the survey or failure to make
said corrections shall be cause to issue a stop-work order
for the project .
(7) Require that all new subdivision proposals and other proposed
developments(including proposals for manufactured home parks and
subdivisions)include within such proposals base flood elevation data,
existing grade and crown of adjacent road elevations,five(5)acres or 50-
lot subdivision in A-Zones.
(8) Obtain, review and reasonably utilize any base flood elevation available
from a federal, state, or other source, including data developed pursuant to
Section 7.77(7), as criteria for requiring that new construction, substantial
improvements,or other development in Zone A on the
community's FIRM meet the standards in this chapter.
(9) Review proposed development to assure that all necessary
permits have been received from those governmental agencies,
including South Florida Water Management District,from which
approval is required by federal or state law, including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972,U.S.C. 1334.
(10) All records pertaining to the provisions of this chapter shall be maintained
in the office of the Building Official or Flood Administrator or Certified
Flood Manager(CFM)and shall be open for public inspection.
(11) Review proposed development to assure that:
(a) no use shall be made for other than crop,grove,
nursery and grazing purposes,or similar uses, and no
building of any type shall be constructed, erected upon
or moved to any land below the elevation established by
the county flood criteria 10-year event or similar finding as
adopted by the Board of County Commissioners,or the
back of sidewalk elevation of the road fronting the
property, or if there is no sidewalk,the elevation of the
crown of road or street abutting such building site,
whichever is higher.
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(b) For uses other than residential requiring a floor, the
floor elevation shall be a minimum of four(4) inches
above the elevation established by the county flood criteria
10-year event or similar, or the back of sidewalk elevation,
or if there is no sidewalk, the elevation of the highest
crown of road or street abutting such building site,
whichever is higher,or if the road has no crown, then
the highest edge of cross section of the road shall
apply. For all residential uses,the floor elevation
shall be a minimum of eight(8)inches above the elevation
established by the county flood criteria 10-year event or
similar, or the back of sidewalk elevation,or if there is no
sidewalk,the elevation of the highest crown of road or
street abutting such building site, whichever is
higher,or if the road has no crown, then the highest
edge of cross section of the road shall apply.
(c) In all cases and for all uses, when the property is
located in a Special Flood Hazard Area,as determined
by the flood Insurance Rate Map for the City of Opa-locka,
Florida, the floor elevation obtained as described in Section
7-77 (11) (a)and (b), shall be compared against the base
flood elevation shown on the Flood Insurance Rate Map
and the higher of the two shall be used for design and
construction.
Section 7-78—Standards for development within Special Flood Hazard(SFH)Areas.
(1) No new construction and substantial improvement of any
residential structure or manufactured home shall be permitted in SFH
Areas, and no development permit referred to in Section 7-77 of this
chapter shall be issued therefore, unless said new construction and
substantial improvement has the lowest floor(including basement)
elevated to or above the regulatory flood (100-year flood)elevation.
Electrical,plumbing, air conditioning and other attendant utilities must
be constructed, designed, and/or located so as to prevent water from
entering or accumulating within their components during conditions of
flooding.
(2) No new construction and substantial improvement of any nonresidential
structure shall be permitted in SFH Areas,and no development permit
referred to in Section 7-77 of this chapter shall be issued therefore,unless
said development has the lowest floor(including basement)elevated to or
above the level of the base flood(100-year flood). If the lowest permitted
floor level of such nonresidential structure(including basement) is below
the regulatory flood level then such nonresidential structure together with
attendant utility and sanitary facilities shall be flood-proofed to one foot
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above the level of the base flood;provided that the lowest floor level of
such nonresidential structure(including basement) shall be not more than
ten(10)feet below the base flood level. Where flood proofing is utilized
for a particular structure, a registered professional engineer or architect
shall certify that the floodproofing methods are adequate to withstand the
flood depth,pressures,velocities, impact and uplift forces associated with
the base flood,and a record of such certificates indicating the specific
elevation(in relation to mean sea level)to which such structure is
floodproofed shall be maintained with the designated official.
(3) All manufactured homes placed,or substantially improved,on
individual lots or parcels, in expansions to existing manufactured home
parks or subdivisions, in new manufactured home parks, in substantially
improved manufactured home parks, shall meet all of the requirements for
"new construction", including elevation in accordance with Section 7-78
(1)and anchoring requirement of Section 7-77(3) (b).
(4) All manufactured homes placed,or substantially improved in
an existing manufactured home park or subdivision shall be
elevated so that:
(a) The lowest floor of the manufactured home is
elevated no lower than the base flood elevation; or
(b) The manufactured home chassis is supported by
reinforced piers or other foundation elements
of at least an equivalent strength, of no less than 36
inches in height above grade.
(c) The manufactured home shall be securely anchored to the
adequately anchored foundation system to resist
flotation,collapse and lateral movement.
(d) In an existing manufactured home park or subdivision in
which a manufactured home has incurred "substantial
damage as the result of a flood, any manufactured home
placed or substantially improved shall meet the
standards of Section 7-78(1) and 7-77 (b) (3).
(5) All recreational vehicles placed within this area shall either:
(1) Be on site for fewer than 180 consecutive days;
(2) Be fully licensed and ready for highway use; or
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(3) The recreational vehicle shall meet all the requirements for new
construction, including anchoring and elevation requirements of
Section 7-78(3).
(4) Be on the site for fewer than 180 consecutive days.A recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type
utilities and security devices and has no permanently attached
structures.
(6) Elevated buildings. New construction and substantial improvements of
elevated buildings that include fully enclosed areas formed by foundations
and other exterior walls below the lowest floor shall be designed to
preclude finished living space except allowable uses(i.e. parking, limited
storage and building access)and shall be designed to allow for the entry
and exit of floodwaters to automatically equalize hydrostatic flood forces
on exterior walls.Designs for complying with this requirement must
either meet or exceed the following minimum criteria or be certified
by a professional engineer or architect:
(a) Provide a minimum of two(2)openings having a total
net area of not less than one square inch for every
square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one
foot above grade; and
(c) Openings may be equipped with screens, louvers, valves
or other coverings or devices provided they permit the
automatic flow of floodwaters in both directions;
Electrical,plumbing, air conditioning and other utility connections must
be constructed,designed, and/or located so as to prevent water from
entering or accumulating within the components during conditions of
flooding.
Access to the enclosed area shall be the minimum necessary to allow for
parking of vehicles(garage door), (standard exterior door),or entry to the
living area(stairway or elevator);the interior portion of such enclosed
area shall not be finished or partitioned into separate rooms or air
conditioned.
(7) Notify, in riverine situations,adjacent communities and the Florida
NFIP Coordinating Office to any alteration or relocation of a watercourse,
and submit copies of such notifications to FEMA;
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(8) The flood carrying capacity within the altered or relocated portion of any
watercourse shall be maintained.
Section 7-79—Accessory Buildings.
Nothing herein shall be construed to exclude accessory building from the provisions of this
chapter.
Section 7- 80--Application of Article.
(1) This article shall apply to and be enforced in the incorporated areas of the
City of Ova-locka,Florida.
(2) Those maps referred to in Section 7-76 as amended effective September
11,2009, effective,together with the Flood Insurance Study therein, and
any subsequent revisions thereto, are hereby adopted by reference and are
declared to be a part of this Ordinance, and shall be kept on
file available to the public, in the offices of the Building Official.
(3) The provisions of this article shall constitute minimum
standards throughout the City of Opa-locka.
Section 7-81 —Enforcement
The Building Official shall administer and enforce the provisions of this chapter within the City
of Opa-locka.
Section 7-82—Rules for interpreting SFH Area boundaries.
The boundaries of the special flood hazard areas shown on the official Flood Insurance Rate Map
may be determined by scaling distances. Required interpretations of those maps for precise
locations of said boundaries shall be made by the Building Official.
Section 7-83 —Effect of provisions on ordinances,building codes,other regulations.
This Ordinance shall supersede any conflicting County ordinance, City ordinance,building
code, or any other regulation to the extent that this Article imposes more stringent requirements
for the use or development of any lands or structures within SFH Areas in the incorporated areas
of the City of Opa-locka. It is not intended to repeal,modify,or change any such ordinance,
building code or other regulation except as herein stated.
Section 7-84—Interpretation
The provisions of this chapter shall be liberally construed in favor of the governmental entities
affected hereby in order to effectuate the purposes herein stated.
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Section 7-85 --Variances.
(1) The City Manager or his or her designee shall have the authority and duty to
consider and act upon applications for a variance from these regulations for
properties located within the incorporated areas of the City of Opa-locka as
hereinafter set forth. The City Manager or his designee is hereby advised that in
granting any variances hereunder, said official shall consider the purposes of the
Federal Emergency Management Agency as specified in Title 44, Code of Federal
Regulations.Furthermore, the City Manager or his designee shall consider the
fact that an annual report on variances granted shall be submitted to FEMA,
which report is the basis for continued availability of flood insurance to the
inhabitants of the incorporated areas of the City of Opa-locka,and therefore
variances shall be granted with extreme caution.
(2) The City Manager or his or her designee may grant variances from the terms of
this chapter as will not be contrary to the public interest, where owing to special
conditions, a literal enforcement of the provisions hereof will result in
unnecessary hardship, and so the spirit of the regulations shall be observed and
substantial justice done;provided,that the variance will be in harmony with the
general purpose and intent of this Ordinance and that the same is the minimum
variance that will permit the reasonable use of the premises. Upon receipt of all
necessary information including a staff report,the City Manager or his designee
shall review the information and render his decision, either approving,modifying
or denying the request. A copy of said decision shall be published in a newspaper
of general circulation. All approvals or modifications shall not be effective until
ten(10)days after the City Manager or his or her designee's decision is published
in a newspaper of general circulation,with the costs of publication being borne by
the petitioner.A courtesy notice containing the decision of the City or his or her
designee may be mailed to adjacent and abutting property owners of record,their
tenants or their agents,that are duly noted on the application.The failure to mail
or receive such courtesy notice shall not affect any action or proceedings taken
hereunder.
(3) Variances may be issued by the City Manager or his or her designee for the
reconstruction,rehabilitation or restoration of historic structures as defined herein
without regard to the procedures set forth in the remainder of this section,except
for Section 7-85(4)(1), and provided the proposed reconstruction,rehabilitation,
or restoration will not result in the loss of historic designation.
(4) In passing upon all such applications except those pursuant to Section 7-85(3),the
City or his designee, shall consider all technical evaluations, all relevant factors,
all standards specified in other sections of this chapter, and:
(a) The danger that material may be swept onto other lands
to the injury of others;
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(b) The danger to life and property due to flooding or
erosion damage;
(c) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
(d) The importance of the services provided by the proposed
facility to the community;
(e) The necessity of the facility to be located
in close proximity to water.
(f) The availability of alternative locations,not subject
to flooding or erosion damage,for the proposed use;
(g) The compatibility of the proposed use with existing and
anticipated development;
(h) The relationship of the proposed use to the
comprehensive plan and floodplain management program
for that area;
(i) The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(j) 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
sites.
(k) Upon consideration of the factors listed above,and the
purposes of this chapter, the City Manager or his
designee may attach such conditions, limitations, and
restrictions to any variance as he deems necessary to
further the purposes of this chapter.
(1) Criteria for variances:
(i) Variances shall only be granted upon a
determination that the variance is the minimum
necessary,considering the flood hazard,to afford
relief; and in the instance of a historical
building,a determination that the variance is the
minimum necessary in order not to destroy the
historic character and design of the building;
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(ii) Variances shall only be granted upon(i) a showing
of good and sufficient cause, (ii)a determination
that failure to grant the variance upon or
victimization of the public,or conflict with
existing local laws or ordinances.
(m) 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
structure is to be built and stating that the cost of
flood insurance will be commensurate with the increased
risk resulting from the lowest floor being located below the
base flood elevation(as high as $25 for$100 coverage).
(n) The City Manager or his or her designee shall maintain the
records of all variance actions and report any
variances to the Federal Emergency Management Agency
upon request.
(o) Review and appeal.Review of any decision or action of
the City Manager or his or her designee pursuant to this
Ordinance may be appealed to the Dade County
Environmental Quality Control Board, in accordance with
the procedures set forth in Section 24-6 of the County
Environmental Protection Ordinance. Any person
aggrieved by any decision of the Dade County
Environmental Quality Control Board on an appeal may
seek judicial review in accordance with the Florida
Rules of Appellate Procedure.
Section 7-86 --Warning and disclaimer of liability.
The degree of flood protection required herein is considered reasonable for regulatory purposes
and is based on scientific studies. Larger floods may occur.
This article shall not be deemed to imply that areas inside or outside designated flood hazard
areas will be entirely free from flood or flood damages, and shall not create liability on
the part of the City of Opa-locka or any officer or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision lawfully made thereunder.
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Section 7-87 --Penalties for violation.
(1) Willful violations of the provisions of this chapter or failure to comply with any
requirements hereunder(including violations of conditions,restrictions, or
limitations established in connection with any variances) shall constitute an
offense punishable by a fine of not more than five hundred dollars($500.00)or
imprisonment for not more than sixty(60)days or both. Each day such violation
continues shall be considered as a separate offense.
Section 7- 88 --Enforcement through Legal Action.
Notwithstanding the provisions of this Section, the official responsible for the enforcement of the
provisions of this chapter may secure enforcement hereof by any legal action necessary, such as
application to any court for injunctive relief, revocation of any building permit issued hereunder
or other appropriate means.
Section 2.Severability-If any section, subsection, sentence, clause or provision of this
ordinance is held invalid,the remainder of this ordinance shall not be affected by such invalidity.
Section 3. Effective Date-This ordinance shall become effective ten(10)days after final
approval of the City Commission in the manner provided for by law.
Section 4. Inclusion in Code-The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the City of Opa-locka as an addition or amendment
thereto.
PASSED AND ADOPTED this day of ,20 .
Attest:
City Clerk
Commission vote:
Commissioner Rose Tydus
Commissioner Gail Miller
Commissioner Timothy Holmes
Vice Mayor Dorothy Johnson
Mayor Myra Taylor Approved to form:
BY:
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