FLOOD DAMAGE PREVENTION

Miami City Code ch. 20

in effect

Miami City Code § 20-1 Definitions.

Sec. 20-1. - Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Accessory use or structure. A use or structure customarily incidental and subordinate to the principal use or structure and, unless otherwise specifically provided, located on the same premises. "On the same premises" shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered part thereof, and not an accessory structure. Addition. An extension or increase in floor area, number of stories, or height of a building or structure. Base flood elevation (BFE). The flood having a one-percent chance of being equaled or exceeded in a given year. The elevation of surface water resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year. The BFE is shown on the flood insurance rate map (FIRM) for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE. Basement. That portion of a building having its floor subgrade (below ground level) on all sides. Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building. Any structure built for support, shelter, or enclosure for any occupancy or storage. Building site. The ground area of a property occupied by buildings and other enclosed structures. Coastal high hazard area. The area within the area of special flood hazard extending from offshore to the inland limit of a primary dune along an open coast and any other area that is subject to high-velocity wave action from storms or seismic sources and shown on a flood insurance rate map (FIRM) or other flood hazard map as velocity Zone V, VO, VE, or V1-30. Crown of road (centerline). A line running parallel with the highway right-of-way which is one-half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the department of resilience and public works. Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment. Drainage systems. The surface and subsurface system for the removal of water from or control of water on the land, including both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and man-made elements which include culverts, drains, ditches, channels, piping, drainage wells and storage facilities. Any system which collects, conveys, channels, holds, inhibits, diverts or treats stormwater from a given area either by drains, grading or other artificial or natural means thru the use of a drainage structure, including but not limited to a culverts, storm drains, stormwater retention or detention ponds with side slopes that must be stabilized by artificial means, French drains, or exfiltration trench/systems, which convey stormwater into the underlying soil. Elevated building. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation, perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. Existing construction. Any structure for which the "start of construction" commenced before September 29, 1972. Existing manufactured home parks and subdivisions. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 29, 1972. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface water from any source. Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Flood hazard area. The greater of the following two areas: (1) The area within a flood plain subject to a one-percent or greater chance of flooding in any year, or (2) The area designated as a flood hazard area on a community's flood hazard map or otherwise legally designated. Flood insurance rate map (FIRM). An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood insurance study. The official report provided by the Federal Emergency Management Agency containing the flood insurance rate map (FIRM), the flood boundary and floodway map (FBFM), the water surface elevation of the base flood, and supporting technical data. Floodproofing. Structural and nonstructural additions, changes, or adjustments (other than elevating) to nonresidential structures, and utilities which reduce or eliminate flood damage to water supply and sanitary sewage facilities, structures and contents of buildings. Floodproofing includes, by way of illustration and not limitation, the following measures: (1) Anchorage to resist flotation and lateral movement. (2) Installation of watertight doors, bulkheads, and shutters, or similar methods of construction to protect against winds, wave action, or floodwaters. (3) Reinforcement of walls to resist water pressures. (4) Use of paints, membranes, or mortars to reduce seepage of water through walls. (5) Addition of mass or weight to structures to resist flotation. (6) Installation of sump pumps operating at permitted specification to remove water accumulated due to any passage of vapor and seepage of water during the flooding event. (7) Construction of water supply and wastewater treatment and disposal systems to prevent the entrance or infiltration of floodwaters. (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 drain to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices. (11) Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood. (12) Location of all main electrical and mechanical equipment, structures, storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to the public health, safety, and welfare in a manner which will assure that the facilities are situated to or above the base flood elevation, plus one foot of freeboard. Freeboard. An additional amount of height above the base flood elevation used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed. Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. The term only includes a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. Highest adjacent grade. The highest finished grade elevation of the ground surface next to the proposed walls of a structure. For purposes of the National Flood Insurance Program (NFIP) this term shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure. 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. 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 nonelevation design requirements of this chapter. Mangrove stand. An assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia germinans); red mangrove (Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus erectus). Manufactured home. 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." Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. The value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (like-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser or tax assessment value adjusted to approximate market value by a factor provided by the Miami-Dade County Property Appraiser. Miami-Dade County flood criteria maps. The official maps of Miami-Dade County showing the required minimum finished grade elevation of the ground surface within a development site as adopted by the Board of County Commissioners and recorded in the official records of Miami-Dade County, as amended from time to time. Minimum finished grade. The elevations established in the Miami-Dade County flood criteria maps at a specific development site or the crown of an existing adjacent road, whichever is higher. NAVD 88. The North American Vertical Datum of 1988 is the vertical control datum established in 1991 by the minimum-constraint adjustment of the Canadian-Mexican-United States leveling observations which was affirmed in 1993 as the official vertical datum in the National Spatial Reference System ("NSRS") for the Conterminous United States and Alaska. New construction. Any structure for which the "start of new construction" commenced on or after September 29, 1972. Nonspecial flood hazard area (NSFHA). Area that is in a moderate-to-low risk flood zone (Zones B, C, X). A NSFHA is not in any immediate danger from flooding caused by overflowing rivers or hard rains. Recreational vehicle. A vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; (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. Residential or residence. Any lot, plot, parcel, tract, area, piece of land or building used for family dwelling purposes or intended to be so used. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard areas. An area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. Start of construction. The date of permit issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement commences within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings, or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling); the installation of streets or walkways; excavation for a basement, footings, piers, or foundations; or the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure. A walled and roofed building that is principally aboveground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement. Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cumulative cost of which equals or exceeds, over a two-year period, 50 percent of the market value of the structure before the improvement or repair is started. However, the accumulation period for a substantial improvement within a coastal high hazard area shall be five years. If the structure has sustained substantial damage, any repairs are considered substantial Improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance. A grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. (Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)

Miami City Code § 20-2 Intent of chapter.

Sec. 20-2. - Intent of chapter. The areas of the City of Miami, 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. Congress established the National Flood Insurance Program with the passage of the National Flood Insurance Act of 1968. The National Flood Insurance Program is a federal program enabling property owners to purchase insurance protection against losses from flooding. This chapter is adopted to ensure that the residents of the city qualify for the sale of federally assisted flood insurance under the National Flood Insurance Program and to comply with federally imposed requirements for participation in said program. The purposes of this chapter and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access, and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-3 Development in special flood hazard areas and nonspecial flood hazard areas.

Sec. 20-3. - Development in special flood hazard areas and nonspecial flood hazard areas. For all development within special flood hazard areas and nonspecial flood hazard areas, the building official or his/her designee shall: (1) Require permits for all proposed construction, development or other improvements within said areas; and (2) Review permit applications for construction, development or other improvements within said areas to determine that the proposed activities: a. Use flood damage-resistant materials and have utility equipment which are resistant to flood damage; and b. Have drainage that demonstrate retention of rainwater within surrounding property lines. The drainage calculations shall be based on a 100-year storm, per design standards of the Miami-Dade County Public Works Manual - Part 2 - Design and Construction - WC 1.1 Rainfall Intensities - 5 min. to 24 hrs. (Rainfall intensities) from the Miami-Dade County Public Works Manual with concentration times described below: 1. For residential use, with fewer than four dwelling units, the drainage calculation must be based on a eight-hour time of concentration. 2. For residential use, with four or more dwelling units, and all other uses, the drainage calculation must be based on a one-half-hour time of concentration. (3) Review permit applications for new construction or substantial improvements within said areas to assure that the proposed construction: a. Is protected against flood damage; b. Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; c. Uses flood damage-resistant materials and has utility equipment which are resistant to flood damage, and also uses construction methods and practices which will minimize flood damage; d. Provides in the plans part of the permit application the appropriate floodplain information including Miami-Dade County flood criteria, crown of road information, flood hazard area and base flood elevation; e. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities are designed and/or located to prevent water entry or accumulation; and f. In nonspecial flood hazard areas, the basement: 1. Shall be usable solely for storage, parking, or access; 2. Shall not contain either main electrical or mechanical equipment; and 3. Require installation of sump pumps to collect and discharge the flow rate of the basement area multiplied by the rainfall intensity per hour required for the structure. (4) Review subdivision proposals and other proposed new developments to assure that: a. All such proposals minimize flood damage; b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are constructed to minimize or eliminate flood damage. (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 floodwaters into the systems and plants, minimize discharges from sanitary systems into floodwaters, and require on-site wastewater disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. (6) Require a lowest floor elevation certificate or floodproofing certification, after the lowest floor is completed, and the as-built before final inspection, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the city a certification of the lowest floor, floodproofed elevation, or the elevation of the lowest horizontal structural members of the lowest floor, whichever is applicable, as built and as measured in reference to NAVD 88. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The city shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop work order for the project. (7) Require that all new subdivision proposals and other proposed developments include within such proposals base flood elevation data according to the city's flood insurance rate map (FIRM) information, and existing grade and crown of adjacent road elevation information according to Miami-Dade County flood criteria information. (8) Obtain, review and utilize any base flood elevation and floodway data available from federal, state, or other sources when base flood elevation data are not shown on the FIRM. (9) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act amendments of 1972, 404 USC 1334. (10) In coastal high hazard areas, review plans for adequacy of breakaway walls in accordance with subsections 20-5(e), (f) and (g) herein. (11) For the purpose of this section, "base elevation" shall be defined as the elevation established by the Miami-Dade County flood criteria map, or the elevation of the crown of road or street abutting such building site, or existing and proposed grade elevations within the lot(s), whichever is higher. In cases where the base elevation fronting the land vary greater than one foot along the frontage of the lot(s), then an alternative engineered solution for flood protection may be presented to the building official or his/her designee in consultation with the director of resilience and public works. a. Unless otherwise required by sections 20-4 or 20-5, for uses other than residential requiring a floor, the floor elevation shall be a minimum of four inches above the base elevation, including the entrance of a basement. For all areas that serve a residential use, including, mail rooms, lobbies and entrances to a basement, the floor elevation shall be a minimum of eight inches above the base elevation. b. The provisions of this subsection shall not apply to off-street parking facilities constructed underground and other similar types of below grade areas within a building which are not lowest floor and contain neither electrical nor mechanical equipment. All such facilities constructed below grade shall be designed and constructed and contain essential equipment, if necessary, to prevent infiltration and accumulation of water or to provide for immediate and continuous elimination of water. A Florida-registered engineer or architect shall submit data and a floodproofing certificate to assure that the design complies with all guidelines of subsection 20-5(b) herein. c. If in the review of a permit application it is determined that in the application of the provisions of this section the building applicant would be required to provide flood protection in excess of the requirements of this chapter, then it shall be the responsibility and authority of the building official or his/her designee to review such plans and may grant a waiver of the requirements of this section to provide flood protection which is no less than the flood protection required by this chapter based upon good engineering practice. Said decision shall be subject to appeal in accordance with subsection 20-12(i) of this chapter. (12) Maintain, for public inspection, in the planning, building and zoning office all records pertaining to the provisions of this chapter. (13) Notify adjacent communities and the Florida Division of Emergency Management prior to the alteration or relocation of a waterway. (14) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (15) Drainage systems as defined herein shall require re-certification every 120 months from the date of final inspection as set forth herein. The property owner shall be notified of the required re-certification 60 days in advance of their due date. Properties with three dwelling units or fewer are exempt from this section. Residential properties with four dwelling units or more, or where the drainage systems are comprised of five or more drainage structures on the property shall require that the drainage re-certification be completed by a registered professional engineer. a. All relevant information on the existing drainage system, including, but not limited to, the approved as-built drawings and a detailed description of the existing drainage, including the intent of the system. b. A site inspection of the entire drainage system to determine what, if any, maintenance and repair work is required in order to re-certify the drainage system in accordance with the following items: 1. Catch basin grates, manhole covers and outfalls are to be free of obstructions. 2. Probe catch basins for mud, debris, silt, etc. (depth of material in a pipe shall not exceed five percent of the diameter of the pipe and the depth of material in a catch basin sump shall not exceed five percent of the distance from the bottom of the structure to the lowest pipe invert). 3. Check headwalls for deterioration and any signs of erosion. 4. Check for broken grates. 5. Check weirs and baffles installation (12 inches minimum sump clearance from bottom of structure to bottom of baffle, if applicable). 6. Check for areas of sunken or deteriorated pavement which may be a sign of a drainage problem. 7. Check for modifications to swales and retention areas. 8. Check for proper maintenance of swale and retention areas. 9. Check for alterations to original design and construction of drainage system. 10. Check for alterations to original design and construction of drainage system. 11. Verify that no vegetation exists over drainage system. c. All pumps shall be inspected by a registered professional engineer irrespective of property type. All drywells, including injection wells, shall be inspected by a certified well driller irrespective of property type. Pressurized system with wells and/or pumps shall be certified that it continues to function as designed and constructed. A gravity type drainage system, such as exfiltration systems shall require re-certification as per this section 1. through 11. These systems shall be required to function as designed, constructed and/or permitted. A detailed report of inspection and proper function from a registered professional engineer or certified well driller (as applicable) shall be required for re-certification. d. Completion of all necessary required maintenance and/or repair work as denoted by the registered professional engineer as performed by a licensed contractor and verified by the certifying engineer. e. All copies of plans and drawings, together with supporting calculations and documentation submitted must be signed, sealed, and dated by a registered professional, as required by F.S. chs. 471, 472, 481 or 492, as applicable, when the design of the system requires the services of a registered professional. f. A maintenance log, if not already kept by the property owner, will be required for any future drainage re-certifications. The maintenance log shall include records related to the operation of the drainage system, including but not limited, to an estimate of the stormwater volume passing through the system in a year, dates of inspection and copies of any associated documents that evidence inspection, and dates of repairs and/or replacements of parts with type of maintenance and parts replaced, if any. g. Existing drainage shall be inspected within 24 months of the adoption of this ordinance h. Should property owner be unable to meet the requirements set forth in this section then an alternative engineered solution for flood protection may be presented to the building official or his/her designee in consultation with the director of resilience and public works. i. Drainage systems subject to the requirements in subsection 20-3(15) of this chapter where the owner fails to timely respond to the notice of required recertification or fails to make all required repairs or modifications found to be necessary by the deadline specified in the Code or any written extension granted by the building official, or designee, shall result in enforcement as provided in chapter 2, article X of the City Code in addition to any other enforcement provided in section 20-14. (Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)

Miami City Code § 20-4 Development within special flood hazard areas.

Sec. 20-4. - Development within special flood hazard areas. (a) No new construction or substantial improvement of any residential structure shall be permitted in special flood hazard areas, and no permit referred to in section 20-3 of this chapter shall be issued therefor, unless said new construction or substantial improvement has the lowest floor (including basement) elevated to or above the level of the base flood elevation (100-year flood) plus one foot of freeboard (b) No new construction or substantial improvement of any nonresidential structure shall be permitted in special flood hazard areas, and no building permit referred to in section 20-3 of this chapter shall be issued therefor, unless said new construction or substantial improvement has the lowest floor (including basement) elevated to or above the level of the base flood elevation (100-year flood) plus one foot of freeboard, or if the lowest permitted floor level of such nonresidential structure (including basement) is below the base flood elevation level then such nonresidential structure together with attendant utility and sanitary facilities shall be designed with dry floodproofing to or above the level of the base flood elevation (100-year flood) plus one foot of freeboard; provided that the lowest floor of such nonresidential structure is in compliance with subsection 20-3(11) (excluding basement). Where floodproofing is utilized for a particular structure, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depth, pressures, velocities, impact and uplift forces associated with the base flood elevation, and a record of such certificates indicating the specific elevation as measured in reference to NAVD 88 to which such structure is floodproofed shall be maintained with the building official or his/her designee. (1) Direct access to the common areas for dwelling units or dwelling units shall be elevated to above the level of the base flood elevation (100-year flood) plus one foot of freeboard and dry flood proofing shall be restricted to independent commercial areas. (2) Designs shall not prevent access to the common areas of dwelling units, and designs for dry floodproofing shall require measures or system components that do not require human intervention or action before the onset of flooding to be effective. (3) The lowest point of a basement entrance shall be at a minimum above the base elevation or the level of the base flood elevation (100-year flood), whichever is higher plus one foot of freeboard. (c) All electrical, heating, air conditioning equipment, ventilation, plumbing, and other service facilities, including duct work, shall be elevated to or above the base flood elevation plus one foot. (d) All manufactured homes placed, replaced, or substantially improved shall be elevated so that: (1) The bottom of the frame of the manufactured home is elevated to or above the base flood elevation plus one foot of freeboard; (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength; and (3) The manufactured home shall be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. (e) All recreational vehicles placed on sites shall meet the requirements of subsection 20-5(k) herein. (f) Elevated buildings. New construction and substantial improvements that include fully enclosed areas formed by foundations and other exterior walls below the lowest floor shall have the enclosed areas designed only for parking, limited storage, and building access and the walls shall have openings 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 be certified by a professional engineer or architect or meet the following minimum criteria: (1) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (2) The bottom of all openings shall be no higher than one foot above grade; (3) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions; and (4) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). (Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)

Miami City Code § 20-5 Development within coastal high hazard areas.

Sec. 20-5. - Development within coastal high hazard areas. (a) Existing uses located on land in a coastal high hazard area which is below the elevation of the base flood shall not be expanded and no building permit referred to in section 20-3 of this chapter may be issued therefor unless the provisions of subsection (b) hereof are complied with. (b) No new construction or substantial improvement shall be undertaken, and no permit referred to in section 20-3 of this chapter may be issued therefor upon any lands within coastal high hazard areas which are below the level of the base flood elevation unless said new construction or substantial improvement: (1) Is located landward of the reach of the mean high tide; (2) Is securely anchored on pilings or columns and elevated so that the bottom of the lowest horizontal supporting member (excluding pilings or columns) is elevated to or above the base flood elevation level plus one foot of freeboard, with all space below the lowest supporting member open so as not to impede the flow of water; and (3) All pile and column foundations and structures attached thereto shall be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. (c) There shall be no fill used as structural support. Noncompacted fill may be used around the perimeter of a building for landscaping or aesthetic purposes provided the fill will wash out from storm surge (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The building official or his/her designee shall approve design plans for landscaping or aesthetic fill only after the applicant has provided an analysis by an engineer, architect, or soil scientist, which demonstrates that the following factors have been fully considered: (1) Particle composition of fill material does not have a tendency toward excessive natural compaction; (2) Volume and distribution of fill will not cause wave deflection to adjacent properties; and (3) Slope of fill will not cause wave runup or ramping. (d) No manmade alteration of sand dunes or mangrove stands which will increase potential flood damage shall be permitted. (e) Latticework, mesh screening, or decorative screening shall be allowed below the lowest floor provided it is not part of the structural support of the building and is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is to be used and provided the following design specification is met: For the purposes of this section, a non-load bearing wall is a breakaway wall and shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood elevation; and (2) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood elevation. Wind loading values used shall be those required by applicable state or local building standards. (f) If aesthetic lattice-work screening, mesh screening, decorative screening, or concrete block is utilized, such enclosed space shall not be designed for human habitation but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. (g) Prior to construction, plans for any structures that will have latticework or decorative screening or breakaway walls shall be submitted to the building official or his/her designee for approval. (h) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except with latticework, decorative screening, or concrete in accordance with the definition of breakaway walls. (i) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in this section. (j) No manufactured homes, except in existing manufactured home parks and subdivisions and provided all anchoring and elevation standards of subsections (b)(2) and (i) herein are met, shall be placed within this zone. (k) All recreational vehicles placed within this area must either: (1) Be fully licensed and ready for highway use; (2) The recreational vehicle shall meet all the requirements for new construction, including anchoring and elevation requirements of this chapter; or (3) 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. (Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)

Miami City Code § 20-6 Accessory structures.

Sec. 20-6. - Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and: (1) If located in areas of special flood hazard (Zone A/AE) other than coastal high hazard areas, are one-story and not larger than 600 square feet and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential; (2) If located in coastal high hazard areas (Zone V/VE), are not located below elevated buildings and are not larger than 100 square feet; (3) Are anchored to resist flotation, collapse, or lateral movement resulting from flood loads; (4) Have flood damage-resistant materials used below the base flood elevation plus one foot; and (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one foot. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-7 Basis for establishing areas of special flood hazard.

Sec. 20-7. - Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance study for Miami-Dade County, Florida, and incorporated areas dated September 11, 2009, with accompanying flood insurance rate maps and other supporting data, and any amendment and revision thereto, are adopted by reference and declared to be part of this chapter. The study and maps shall be kept on file, available to the public, in the office of the building official. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-8 Enforcement.

Sec. 20-8. - Enforcement. The building official or his/her designee shall administer and enforce the provisions of this chapter within the corporate limits of the City of Miami, Florida and as provided for in section 20-14. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-9 Rules for interpreting area boundaries.

Sec. 20-9. - Rules for interpreting area boundaries. The boundaries of the flood hazard areas shown on the official flood insurance rate maps may be determined by scaling distances. Required interpretations of those maps for precise locations of said boundaries shall be made by the building official. Said interpretations shall be subject to review in accordance with the provisions of subsection 20-12(i) of this chapter. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-10 Effect of provisions on ordinances, building code, other regulations.

Sec. 20-10. - Effect of provisions on ordinances, building code, other regulations. This chapter shall supersede any conflicting city ordinance, building code, or any other regulation to the extent that this chapter imposes more stringent requirements for the use or development of any lands or structures within areas of special flood hazard. It is not intended to repeal, modify, or change any ordinance, building code or other regulation except as herein stated. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-11 Interpretation.

Sec. 20-11. - Interpretation. The provisions of this chapter shall be liberally construed in favor of the city in order to effectuate the purposes herein stated. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-12 Variances and appeals.

Sec. 20-12. - Variances and appeals. (a) Authority of the variance review committee. The variance review committee shall be comprised of the building official, and the directors of resilience and public works, building, planning, and zoning. The variance review committee, acting by majority vote, and pursuant to this section, shall have the authority and duty to consider and act upon applications for a variance from these regulations for properties located within the corporate limits of the City of Miami, Florida. The variance review committee is hereby advised that in granting any variances hereunder, said official shall consider the purposes of the National Flood Insurance Program as specified in 44 CFR 60 et seq. Furthermore, the variance review committee shall consider the fact that an annual report on variances granted shall be submitted to the National Flood Insurance Administration, which report is the basis for continued availability of flood insurance to the inhabitants of the city, and therefore variances shall be granted with extreme caution. (b) The variance review committee may grant variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions hereof will result in exceptional hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided, that the variance will be in harmony with the general purpose and intent of this chapter and that the same is the minimum variance that will permit the reasonable use of the premises. Upon receipt of all necessary information including a staff report, the variance review committee shall review the information and render their decision, either approving, modifying or denying the request. The decision and supporting documentation shall be reviewed by the director of the building department who shall document concurrence as part of the record. A copy of said decision shall be published via the city's website at www.miamigov.com. All approvals or modifications shall not be effective until ten days after the variance review committee decision is published on the city's website at www.miamigov.com. A courtesy notice containing the decision of the variance review committee may be mailed to adjacent and abutting property owners of record, their tenants, or their agents, that are duly noted on the application. The failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. (c) Designated historic buildings. A variance is authorized to be issued for repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood-resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. (d) In passing upon all such applications except those pursuant to subsection (c) herein, the variance review committee shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and: (1) The danger that material may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity of the facility to be located on the waterfront; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (e) Upon consideration of the factors listed above, and the purposes of this chapter, the variance review committee may attach such conditions, limitations, and restrictions to any variance as the variance review committee deems necessary to further the purposes of this chapter. (f) Criteria for variances. (1) Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the 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. (2) Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (g) Any applicant to whom a variance is granted shall be given written notice specifying: (1) That the issuance of a variance to construct a structure below the base flood elevation level will result in increased premium rates for flood insurance up to amounts as big as $25.00 for $100.00 of insurance coverage, and (2) Such construction below the base flood elevation level increases risks to life and property. (h) The variance review committee shall maintain the records of all variance actions, including justification for their issuance, and report such variances to the Federal Emergency Management Agency. (i) Review and appeal. Any person aggrieved by any decision of the variance review committee may appeal to the city manager or their designees within 15 days after the date of the decision complained of, a written notice of appeal which shall set forth concisely the decision appealed from and the reasons or grounds for appeal. The building director is required to schedule the appeal for hearing at the earliest possible date, and cause notice thereof to be served upon the appellant and the variance review committee. The appellant shall have the right to present their position to the city manager or their designees which shall hear and consider all facts material to the appeal. The city manager or their designees pursuant to the criteria set forth in subsection (f), shall either affirm the variance review committee refusal to grant a variance or reverse the refusal and grant the variance. The decision of the city manager or their designees which shall be rendered within 15 days after conclusion of the hearing, shall constitute final administrative review. Any person aggrieved by any decision of the review committee on an appeal shall be entitled to judicial review in accordance with the Florida Rules of Appellate Procedure. (Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)

Miami City Code § 20-13 Warning and disclaimer of liability.

Sec. 20-13. - 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 chapter shall not be deemed to imply that the areas inside or outside designated flood hazard areas will be entirely free from flooding or flood damages, and shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-14 Penalties for violation.

Sec. 20-14. - Penalties for violation. (a) 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 as provided in section 1-13. Each day such violation continues shall be considered as a separate offense. (b) Notwithstanding the provisions of subsection (a) above, the building official or his/her designee may secure enforcement hereof by any legal action necessary, including but not limited to chapter 2, article X of the City Code, application to any court for injunctive relief, revocation of any permit issued hereunder or other appropriate means allowed by law. (c) Violation of this chapter may result in suspension or revocation of certificate of occupancy. (Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)

Miami City Code § 20-15 Reserved.

Miami City Code § 20-16 Schedule of fees.

Sec. 20-16. - Schedule of fees. (a) Application for waiver from subsection 20-3(11)(a). (1) Residential .....$210.00 Each additional structure .....26.25 (2) Commercial .....394.00 Each additional structure .....26.25 (b) Application filing fee for variance from sections 20-4 and 20-5. (1) Single-family residential (per house) .....$420.00 (2) Commercial, industrial or other (per building) .....840.00 (c) Appeal to decision of the building official. (1) Residential (per house) .....$473.00 (2) Commercial (per building) .....840.00 (d) Application fees for variances (after the fact). Application fees for variances (after the fact) shall be assessed at double the amount indicated above. (Ord. No. 14039, § 2, 12-9-21)

Miami City Code § 20-17 Fill prohibition for areas not covered by structures.

Sec. 20-17. - Fill prohibition for areas not covered by structures. With the exception of any legally permitted building or accessory structure, no other portion of a lot, as defined by the Miami 21 Code, the zoning ordinance of the City of Miami, Florida, as amended, that is below the crown of road or Miami-Dade County flood criteria maps, whichever is lower, may be elevated or filled so as to obliterate the natural contour of the lot. This section shall not apply to any work necessary to provide reasonable vehicular access to the lot, existing grade elevations, below 6.00' NAVD 88, or for any filling required immediately adjacent and in connection with construction or reconstruction of a seawall. Elevated or filled lots are required to meet the following requirements: (1) Be enclosed by a perimeter retaining wall, minimum elevated 12 inches above highest existing and proposed grade elevations. (2) Provide a drainage calculation that demonstrates retention of rainwater within surrounding property lines based on 100-year storm, 20 minutes time of concentration, per design standards - Miami Dade County - Public Works Manual - Part 2 - Design and Construction - WC 1.1 Rainfall Intensities—5 min. to 24 hrs. (Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)

Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH20FLDAPRFetched: 11/1/2026