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File #:
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ORD 2021-009
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Name:
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Chapter 10 Code of Ordinances Amendment
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Type:
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Ordinance
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Status:
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Passed
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On agenda:
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4/22/2021
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Final action:
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4/22/2021
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Title:
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AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 10, "FLOOD PREVENTION AND PROTECTION," ARTICLE II, "APPLICABILITY," SECTION 10-9, "BASIS FOR ESTABLISHING FLOOD HAZARD AREAS;" AND BY AMENDING ARTICLE III, "ADMINISTRATION," DIVISION 5, "VARIANCES AND APPEALS," SECTIONS 10-41, 10-42, 10-47, AND 10-48, THEREIN; AND BY AMENDING ARTICLE IV, "DEFINITIONS," SECTION 10-63, "DEFINITIONS;" AND BY AMENDING ARTICLE V, "FLOOD RESISTANT DEVELOPMENT," DIVISION 4, "MANUFACTURED HOMES," SECTION 10-80, "FOUNDATIONS;" BY REPEALING IN THEIR ENTIRETY SECTIONS 10-83, "GENERAL ELEVATION REQUIREMENT," AND 10-84, "ELEVATION REQUIREMENT FOR CERTAIN EXISTING MANUFACTURED HOME PARKS AND SUBDIVISIONS," AND RENUMBERING THE SUBSEQUENT SECTIONS WITHIN DIVISION 4, STARTING AT 10-83; AND BY ENACTING NEW PROVISIONS WITHIN ARTICLE III, "ADMINISTRATION," DIVISION 5, "VARIANCES AND APPEALS," SPECIFICALLY NEW SECTIONS 10-49, "ADDITIONAL VARIANCE CONSIDERATIONS FOR CERTAIN ACCESSORY STRUCTURES," AND 1...
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Indexes:
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Amendment, Chapter 10, Code of Ordinances, Flood Prevention, Ordinance
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Code sections:
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Chapter 10 - Flood prevention and protection
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AGENDA ITEM REPORT
TITLE:
title
AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES, BY AMENDING CHAPTER 10, “FLOOD PREVENTION AND PROTECTION,” ARTICLE II, “APPLICABILITY,” SECTION 10-9, “BASIS FOR ESTABLISHING FLOOD HAZARD AREAS;” AND BY AMENDING ARTICLE III, “ADMINISTRATION,” DIVISION 5, “VARIANCES AND APPEALS,” SECTIONS 10-41, 10-42, 10-47, AND 10-48, THEREIN; AND BY AMENDING ARTICLE IV, “DEFINITIONS,” SECTION 10-63, “DEFINITIONS;” AND BY AMENDING ARTICLE V, “FLOOD RESISTANT DEVELOPMENT,” DIVISION 4, “MANUFACTURED HOMES,” SECTION 10-80, “FOUNDATIONS;” BY REPEALING IN THEIR ENTIRETY SECTIONS 10-83, “GENERAL ELEVATION REQUIREMENT,” AND 10-84, “ELEVATION REQUIREMENT FOR CERTAIN EXISTING MANUFACTURED HOME PARKS AND SUBDIVISIONS,” AND RENUMBERING THE SUBSEQUENT SECTIONS WITHIN DIVISION 4, STARTING AT 10-83; AND BY ENACTING NEW PROVISIONS WITHIN ARTICLE III, “ADMINISTRATION,” DIVISION 5, “VARIANCES AND APPEALS,” SPECIFICALLY NEW SECTIONS 10-49, “ADDITIONAL VARIANCE CONSIDERATIONS FOR CERTAIN ACCESSORY STRUCTURES,” AND 10-50, “ADDITIONAL VARIANCE CONSIDERATIONS FOR AGRICULTURAL STRUCTURES;” AND ENACTING WITHIN ARTICLE V, “FLOOD RESISTANT DEVELOPMENT,” DIVISION 1, “BUILDINGS AND STRUCTURES,” SPECIFICALLY THE NEW SECTION 10-70, “ACCESSORY STRUCTURES,” TO PROVIDE CONSISTENCY WITH CHANGES REQUESTED BY THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND APPROVED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY RELATING TO FLOODPLAIN MANAGEMENT IN FLOOD HAZARD AREAS. (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the April 8, 2021, City Commission Meeting.
The City participates in the National Flood Insurance Program’s (NFIP) Community Rating System (CRS), a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements. A lower CRS rating represents better floodplain/stormwater management practices. The City is currently at a CRS rating of Class 7, making City residents eligible for a fifteen percent (15%) discount in the premium costs for NFIP policies issued or renewed in Special Flood Hazard Areas (SFHA). In 2020, the NFIP CRS established new minimum prerequisites for communities to qualify for and maintain class ratings of Class 8 or better. These prerequisites were released on January 1, 2021, as an addendum to the 2017 CRS Coordinator’s Manual. In addition, the Federal Emergency Management Agency (FEMA) released FEMA Policy #104-008-03, Floodplain Management Requirements for Agricultural Structures and Accessory Structures, to provide criteria and variances for accessory and agriculture structures in the SFHA.
DISCUSSION:
To ensure compliance and consistency with these regulatory and administrative changes in Floodplain management, the City proposes modifications to the City’s Code of Ordinances, Chapter 10, “Flood Prevention and Protection,” to address same. First, as a prerequisite of maintaining the City’s Class 7 rating, staff proposes code revisions that will establish safer elevation requirements for manufactured homes. This will require all new, replaced, or substantially improved manufactured homes in a SFHA to be elevated to the same height as one- and two-family dwellings such that the lowest floors are at or above at least the base flood elevation plus one (1) foot. Second, staff acknowledges the unique characteristics and uses of agricultural and accessory structures within the SFHA and seeks to define those structures in this context; as well as establish specific conditions and limitations that must be imposed when building or substantially modifying those structures. Pursuant to the proposed City Code amendments, the City may issue a permit as a matter of right for smaller accessory structures-one (1) story and not larger than 600 square feet-to be made safe by not only using dry floodproofing as originally authorized, but now through the use of wet floodproofing techniques as well. For larger accessory structures and all agricultural structures, variances may be authorized consistent with FEMA’s policy. These City Code amendments will not affect currently existing manufactured homes, nor accessory and agricultural structures, unless substantially improved or replaced, according to the City’s Code of Ordinances and the Florida Building Code (Broward County Amendments).
RECOMMENDATION:
The Planning & Zoning Board, at its March 10, 2021, meeting, recommended approval of this ordinance.
FISCAL IMPACT: N/A
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