(a)

Any owner or occupant of a building with a balcony, open terrace, or unenclosed yard area must remove or secure all loose objects in the open area at such time as a hurricane watch advisory is issued by the National Hurricane Center.

(b)

Seasonal residents or persons who will be absent from the city for any period in excess of seven days during the hurricane season of June 1 to November 30 of any year must remove or secure such loose objects prior to leaving the premises for an absence in excess of seven days.

(Code 1980, § 19-1)

(a)

All elevators in residential or commercial structures shall have mirrors firmly affixed in a manner so as to afford those persons entering the elevators an unobstructed view of the interior.

(b)

It shall be unlawful for any person to remove interior mirrors from elevators, other than to replace or repair such mirrors.

(Code 1980, § 19-2)

Editor's note— Ord. No. 2005-7, § 1, adopted May 17, 2005, repealed § 8-3 in its entirety. Former § 8-3 pertained to building on pilings; area designated. See also the Code Comparative Table.

The most recent edition of the Florida Building Code with Broward County Administrative Provisions, as from time to time amended, in force in the city by operation of law, is recognized as the building code for the city by express reference, and made a part of this section as fully as if set out at length in this section.

(Code 1980, § 8-1)

To be eligible for issuance of building permits, licensed contractors must file with the building division and annually update:

(1)

a.

A current license issued by the state department of professional regulation, construction industry licensing board, for the category in which they practice; or

b.

A current certificate of competency issued by the county central examining board, for the category in which they practice, along with a copy of their state construction industry licensing board registration card;

(2)

A current county occupational license; and

(3)

Proof of an active contractor's liability insurance policy, to be supplied directly from the contractor's insurance agent.

An annual fee for the maintenance of these records shall be set by resolution of the city commission.

(Code 1980, § 8-5.2)

Before a building permit for moving a building or structure within the city shall be approved or issued, such building or structure shall be inspected by the building official, upon request of the owner or his agent, and the building official shall ascertain that this Code and all other applicable laws or ordinances shall be satisfied. Any building that is moved from one location to another in the city must have approval of the city commission. No wood, wood stucco or frame structure or any type building will be permitted to be moved into the city.

(Code 1980, § 8-7)

Cross reference— Streets, sidewalks and other public ways, ch. 25.

No building, whether formerly used or intended to be used for residential or commercial purposes, or any other purpose shall be transported or moved into the city, other than in transit through the city.

(Code 1980, § 8-8)

(a)

All prime contractors, subcontractors and the owners of property under improvement by building construction shall be individually and severally responsible for the cleanly maintenance of all areas at building sites, adjacent vacant areas of building sites and abutting streets, avenues or alleys.

(1)

During construction, contractors shall keep, at their own expense, the area immediately at the perimeter of the construction site and in the public rights-of-way and surrounding area, clean to a broom sweep daily, and the area within the construction site as clear and clean as possible at all times.

(2)

Upon substantial completion through completion of construction, contractors, at their own expense, shall restore the area immediately at the perimeter of the construction site and in the public rights-of-way to its original condition consistent with F.S. § 337.401 et. seq.

(3)

A contractor that fails to restore the area to its original condition following notice by the city, may be charged with the costs to restore, and final approvals of the work may be withheld by the city until the contractor complies with this section.

(4)

Contractors shall use and exercise due caution, care and skill in performing their work and shall take all reasonable steps to promote safety to the public and to safeguard work site areas pursuant to administrative policy.

(5)

Contractors shall take the necessary precautions so as to avoid interference with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the city or any other person's facilities lawfully occupying the public rights-of-way of the city.

(6)

The city has the right to inspect construction to ensure compliance with this section, and any violation hereof cured by the city may be charged against the contractor, and may be subject to the penalties provided in F.S. § 162.22.

(b)

Whenever the proposed building improvement exceeds two stories in height, trash chutes shall be required at all times the construction process is underway.

(Code 1980, § 8-15; Ord. No. 2006-11, § 1, 6-6-2006)

(a)

Wherever it shall appear to the city manager that a specific zoning category or a specific area within the city should be reexamined to determine the effect of development of property as zoned on surrounding areas, or on the entire city's ability to furnish necessary services, or to maintain its existing quality of life, then using the criteria set forth in subsection (g) of this section, the city manager shall immediately issue an administrative order delineating the areas in question and prohibiting the issuance of any building permits within the areas.

(b)

Any administrative order issued pursuant to subsection (a) of this section shall be complied with by all city personnel and shall be effective until reversed, modified or superseded by resolution passed by the city commission.

(c)

Immediately upon issuance of any administrative order pursuant to subsection (a) of this section, the city manager shall place the matter on the next city commission agenda so that necessary public hearings may be scheduled at the earliest possible time.

(d)

The city commission shall hold one public hearing unless additional hearings are required by general law, by its Charter or otherwise, at the earliest possible time.

(e)

In cases in which the proposed moratorium involves less than five percent of the total land area of the city, the commission shall direct the city clerk to notify by mail each real property owner whose land will be under the moratorium and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed moratorium as it affects that property owner and shall set a time and place for one or more public hearings on such moratorium. Such notice shall be given as quickly as practicable and a copy of such notice shall be kept in a separate book which shall be open to public inspection during the regular business hours of the office of the city clerk.

(f)

In cases in which the proposed ordinance deals with more than five percent of the total land area of the city, the commission shall provide for public notice and hearings as follows:

(1)

The commission shall hold a public hearing on the proposed moratorium after 5:00 p.m. on a weekday.

(2)

The required advertisements shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the municipality and of general interest and readership in the community, not one of limited subject matter, pursuant to F.S. ch. 50. The advertisement shall be in the following form:

"NOTICE OF PROPOSED MORATORIUM

The City of Hallandale Beach proposes to impose a moratorium upon the issuance of building permits within the area shown in the map in this advertisement.

A public hearing on the proposal will be held on (date and time) at Hallandale Beach City Hall."

The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed moratorium. The map shall include major street names as a means of identification of the area.

(3)

In lieu of publishing the advertisement set out in this subsection, the city clerk may mail a notice to each person owning real property within the area to be covered by the moratorium. Such notice shall clearly explain the proposed moratorium and shall notify the person of the time, place and location of both public hearings on the proposed moratorium.

(g)

At the public hearing, the city commission shall inquire into the necessity of a building moratorium and may, by resolution, reverse, modify or supersede any moratorium order previously issued. The commission's determination shall be predicated upon the reasonable necessity for a detailed comprehensive analysis of the areas in question and the probability of detriment to the character of the area by the continuation of the existing zoning districts. The commission shall take into account the existence or possible existence subsequent to development of the property as zoned, the following criteria:

a.

The existence of schools.

b.

Sufficiency of parks, open space and recreational facilities.

c.

Effect upon streets and thoroughfares.

d.

Availability and deficiency of public transportation facilities.

e.

Effect upon air and/or water supplies.

f.

Adequacy of wastewater collection and/or treatment.

g.

Noise levels.

h.

Land use distribution.

i.

Adequacy of other utility services.

j.

Drainage.

k.

Possible conflict with the land use element of or any other factor which may have a deleterious effect on the quality of life of the residents of the area or of the entire city, or of the city's ability to furnish other municipal services.

(h)

Should the city commission, using the criteria set forth in subsection (g) of this section, determine that a building moratorium is reasonably necessary, it shall, by resolution, order the moratorium and direct that no building permits be issued within the affected area. The commission's order shall fix a time within which the city manager shall report back to the commission with his recommendations relating to appropriate zoning districts and regulations for the affected area. This time limitation shall be a reasonable one, predicated upon the time needed for a comprehensive analysis of the area.

(i)

If the city manager is unable to report back to the commission within the time prescribed by its moratorium order, upon timely request by the city manager and only after a duly advertised public hearing with notice as set forth in subsections (e) and (f) of this section, on the need for an extension, the commission may reasonably extend the time limitation.

(j)

Upon notification by the city manager that he is prepared to submit his recommendations relating to the affected areas, the city commission shall call a public hearing at the earliest practicable time, after notice as set forth in subsections (e) and (f) of this section. After the public hearing has been closed, the commission may make its determination as to whether the zoning districts shall remain the same or whether hearings shall be held to consider rezoning. Should the commission determine that the zoning districts shall remain the same, it shall immediately issue its order terminating the building moratorium. Should the commission determine that hearings shall be held to consider rezoning of the property, or new districts created, it shall issue its order continuing the building moratorium and shall immediately initiate the actions required under the law, the Charter or this Code for such changes.

(k)

Upon the completion of all zoning district changes relating to the affected areas, the commission shall issue its order terminating the building moratorium.

(l)

Any resident or property owner of the city may, based upon the criteria set forth in subsection (g) of this section, make written application to the city manager for issuance of an administrative order as provided in this section. If the city manager refuses to issue such order, or fails to take action on the order within 30 days, such person may make written application to the city commission for the issuance of a building moratorium by the commission. Such application to the commission shall be filed with the city clerk. The city manager, upon notice from the city clerk, shall place the matter before the city commission as soon as it is reasonably practicable for the commission's determination as to whether a public hearing shall be called. The term "resident or property owner," as used in this subsection, includes but is not limited to any individual, firm, corporation and governmental entity, including the planning and zoning board.

(m)

Should the commission determine that one or more public hearings should be held as to whether a building moratorium should be imposed, it shall call the hearing for the earliest practicable date and give notice as set forth in subsections (e) and (f) of this section. Pending the public hearings, but using the criteria set forth in subsection (g) of this section, the commission may issue an order prohibiting the issuance of building permits in the affected area.

(n)

Notwithstanding the issuance of any moratorium order, the city commission may authorize the issuance of building permits for nondeleterious items, including but not limited to fences, repairs and like matters, remodeling or refurbishment of an existing single-family or duplex residential structure that does not involve a change in use, where the commission determines that such permit will not affect the outcome of the study, and where the work is done in accordance with all applicable ordinances and laws.

(o)

During the existence of any building moratorium, no applications for variances, special exceptions or zoning district changes, within the affected area, shall be acted upon by any city department or board except as provided by the city commission in its moratorium resolution.

(p)

If a building permit has been issued for any proposed building structure, or other improvement in an area of the city that is subsequently placed under a moratorium, pursuant to the terms of this section, and no actual construction or substantial land scarification has been initiated prior to the initial establishment of the moratorium, the permit shall be suspended at once. The city commission shall hold a public hearing as quickly thereafter as possible to determine what effect allowing the permitted construction to proceed will have on the study of the problems that necessitated the moratorium; and it shall decide whether to reinstate the permit, to modify the permit, or to continue the suspension of the permit for the term of the moratorium. Notice of the public hearing to the permittee shall be by personal service, if possible; and if personal service cannot be effectuated, it shall be by certified mail, return receipt requested. At the public hearing, the commission shall use the standards set forth in subsection (g) of this section, and it shall consider the time and expense actually incurred by the permittee in furtherance of its project. At the conclusion of the moratorium and based upon the findings of the commission, a public hearing may be conducted at the request of the permittee and the commission may revoke, reinstate or modify the suspended permit.

(Code 1980, § 8-16)

Intent and purpose. The purpose of the Hallandale Beach Green Building Program is to promote sustainable development practices as a means of addressing global climate change, protecting natural resources, and ensuring a high quality of life for future residents. Additionally, incorporating green building practices into a building's design, construction and operation has proven to reduce operating costs, enhance building marketability and increase worker productivity.

Green building program certification levels. The city's green building program includes the following certification of achievement levels, which require a minimum number of sustainability points from the sustainability worksheet in section 8-40:

(1)

Earth-friendly at 50 points;

(2)

Enhanced at 75 points; and

(3)

Exemplary at 150 points.

(Ord. No. 2009-20, § 1, 11-4-2009; Ord. No. 2020-019, § 1, 9-2-2020)

Energy Star. An international standard for energy efficient consumer products created by the United States Environmental Protection Agency.

FGBC. Florida Green Building Coalition.

Green building. The resource efficient design, construction, and operation of buildings deemed by employing environmentally sensible construction practices, systems, and materials.

Green building program participant. Any permit application submitted to the building division for new construction or renovation that will achieve a green building certification from an organization accepted by the city's development services department, and any installation permit for Energy Star-rated appliances/fixtures.

GHDS. Green Home Designation Standard of the FGBC.

Green Globes. U.S. commercial/industrial building rating system of the GBI.

GBI. Green Building Initiative.

LEED. Leadership in Energy and Environmental Design Rating System, Version 3.0, of the USGBC, any amendments thereto or subsequent versions.

Major development. Any new project consisting of ten or more residential dwelling units or 4,000 square feet or greater of nonresidential gross floor area.

Major renovation. The total cost of the renovation related to the building envelope or the technical building systems is greater than 50 percent of the assessed value of the building or more than 50 percent of the surface of the building envelope undergoes renovation.

Minor development. Any new project consisting of less than ten residential dwelling units or less than 4,000 square feet of nonresidential gross floor area.

Program certification. The final designation awarded to a program participant for satisfying all requirements associated with a green building program for a particular project.

USGBC. U.S. Green Building Council.

(Ord. No. 2009-20, § 1, 11-4-2009)

(a)

The city shall also make available to the public its certification-based green building program, certification achievement levels and requirements, including pre-requisites and sustainability worksheet.

(b)

The city in conjunction with FSEC, FGBC, USGBC, or other green building organizations, shall conduct at least one training workshop per year in order to educate residents, property owners, and business owners about the city's green building program and incentives available for program participants.

(Ord. No. 2009-20, § 1, 11-4-2009; Ord. No. 2020-019, § 1, 9-2-2020)

(a)

The city's certification-based green building program shall apply to development types pursuant to subsection 32-787(k), during the site plan development review process.

(b)

All new development or substantial renovation projects as specified in said section, shall submit detailed plans and/or specifications of the project's compliance with the requirements in Table 8-40(a), green building prerequisites, and Table 8-40(b), sustainability worksheet, for review by the city's green building coordinator for required city certification.

(c)

Each development type in subsection 32-787(k) shall meet the following prerequisites in Table 8-40(a), and the minimum number of points from at least four different categories in Table 8-40(b), the sustainability worksheet.

(Ord. No. 2020-019, § 1, 9-2-2020)

(a)

Disclosure to proposed purchaser. It shall be unlawful for any owner of property occupied as a residential rental facility to offer to sell condominium parcels without first disclosing to the existing tenants of the property and to all prospective purchasers, whether the condominium property and the living units comply with existing ordinances of the city and, if not, the nature, extent and location of any such noncompliance, whether the owner proposes to remedy such noncompliance and, if so, the proposed date of completion of action necessary to accomplish such compliance.

(b)

Certificate of compliance required. Prior to offering an existing rental unit for sale as a condominium parcel, the owner of the condominium property shall apply to the city manager for a certificate of compliance, which shall issue pursuant to the provisions of this section. Disclosure of the information contained in the certificate of compliance shall be prima facie evidence of compliance with this section.

(c)

Application for certificate. Application for the certificate of compliance shall be accompanied by the information and exhibits required for condominium documents by F.S. §§ 718.104 and 718.503(3)(1), and a statement containing the following information:

(1)

The number of living units presently existing in the building.

(2)

The number of nonliving units in the building that are either occupied or available for occupancy.

(3)

A statement of any change in occupancies that is proposed to be included in the conversion to condominiums.

(4)

Whether any structural repairs, roof repairs, or major electrical or plumbing repairs or alterations are to be done prior to sales of units to the public.

(5)

Whether any known evidence of foundation cracking, settling of the building, seawall defects or deficiencies, structural concrete defects or other major defects or conditions exist in the building at the time of applications or have existed in the past and have been repaired.

(6)

Whether there are any known defects or deficiencies in any existing living unit.

(d)

Certificate of licensed building contractor as to repairs. If the application contains information referred to in subsection (c)(5) of this section, prior to issuance of a certificate of compliance, the applicant shall furnish a certificate of a licensed building contractor certifying that the repairs made, or a contract of repair, result in the building's being structurally sound and safe for human occupancy.

(e)

Application fee. This application shall be accompanied by an application fee for the entire property. Such fee shall be established and is on file in the city clerk's office.

(f)

Applicability of section. The application of this section, the inspections required in this section, and all ordinances and regulations of the city shall be construed and applied with reference to the use of the property without regard for the form of ownership; and all such ordinances and regulations shall be equally applicable to all buildings and improvements of the same kind without regard to the form of ownership.

(Code 1980, § 9-1)

(a)

Generally. Prior to the transfer of title to any rental facility which contains five or more dwelling units, made with the intent to convert to condominiums as defined in this section, the owner of such facility shall give certain organizations designated in this section the right of first refusal to purchase the rental facility within a period of 120 days from the date of notice as provided in this section, on the same terms and conditions, and at the same purchase price, as contained in any contract or agreement to purchase pursuant to which the transfer of title is to be made, or on other mutually agreeable terms and conditions. This right of first refusal shall not extend to tenants of nonresidential units within the rental facility.

(b)

Right extends to tenants' organization and city housing authority. The following organizations shall be entitled to exercise the right of first refusal to purchase the rental facility as specified in this section:

(1)

Any bona fide resident tenants' organization representing a minimum of 15 percent, or five units, whichever is the greater number of the rental units occupied by tenants of the rental facility.

(2)

The city housing authority.

(c)

Applicability of section. All contracts and agreements for purchase of a rental facility, as defined in subsection (a) of this section, made with intent to convert, and title obtained pursuant to this section, shall be contingent upon and subject to full compliance with the requirements of this section.

(d)

Notice of proposed transfer. Prior to the transfer of title to any rental facility with intent to convert to condominium ownership, the contract purchaser shall give written notice of the proposed purchase to each tenant then occupying rental facility and to all organizations then in existence given the right of first refusal to purchase in this section. The notice shall contain the following information in conspicuous form:

(1)

A statement that the tenants may form a tenant organization for the purpose of purchasing the building proposed to be converted to condominiums.

(2)

A statement that the tenants shall have 30 days to form a tenant organization, after which they shall have 120 days to execute a contract with the owner at the purchase price, terms and conditions set forth in the notice, or such terms as are acceptable to the owner, and must settle on the contract within 180 days from the date of receipt of the notice unless such time is extended by the parties.

(3)

A statement that the tenants' organizations or the housing authority shall have the right of first refusal to purchase the rental facility within a period of 120 days from the date of receipt of this notice and in accordance with the provisions of this section.

(4)

A statement of the purchase price, and a copy of the sales agreement or a complete statement of the identical terms and conditions contained in the statement. No additional term may be added unless agreed upon by the parties.

The notice shall be deemed an offer to sell to the organizations eligible to exercise the first right of refusal under this section, on the terms contained in this notice. Notice shall be deemed given the day after notices are sent to all tenants by first class mail.

(e)

Exercise of rights by execution of contract. Either of the organizations stated in subsection (d) of this section may exercise its right of first refusal by executing a contract, and delivering it to the owner, containing the same terms as set forth in the notice within 120 days from the date the notice was given. Tenants shall have an additional 30 days to organize an eligible tenant's organization to purchase the rental facility, commencing with the date of the notice, after which the tenants' organization shall have 120 days to enter into a contract of purchase with the owner.

(f)

Time limitation. Settlement on any contract between the owner and organization specified in this section shall occur within 180 days from the date of the notice provided in this section, unless extended by written consent of the owner. If settlement does not occur within that time, the owner shall be deemed to have complied with the requirements of this section and may proceed to settlement with the contract purchaser.

(g)

Transfer of title deemed intention to convert unless affidavit stating otherwise is filed. All transfers of rental facilities which contain five or more dwelling units shall be deemed to be transferred with intent to convert to condominium and subject to the requirements of this section unless the following requirements are met:

(1)

The contract purchaser, within 30 days prior to the transfer, files an affidavit with the office of the city manager stating that the transfer is not made with intent to convert to condominium.

(2)

The contract purchaser does not, within two years from the date of transfer of title, give tenants notice of intention to create a condominium as provided in F.S. ch. 718.

(h)

New owner required to comply with section. Compliance with the affidavit requirements of subsection (g) of this section shall be sufficient to permit the transfer of title to the contract purchaser without further compliance with the requirements of this section; however, upon the giving of notice of intention to create a condominium within the time limit set forth in subsection (g) of this section, the contract purchaser who is then an owner of the rental facility by the passage of title shall thereupon hold the title in trust subject to the right of first refusal of the organizations specified in this section to purchase the rental facility, and shall be required to satisfy the requirements of this section as an owner and as a contract purchaser of a rental facility with a deemed contract of purchase with identical terms, conditions and purchase price as that contract of purchase by which the contract purchaser became owner of the rental facility.

(i)

Exemptions. The provisions of this section shall not apply to the transfer of rental facilities as follows:

(1)

Any transfer made pursuant to the terms of a bona fide mortgage or deed of trust agreement.

(2)

Any transfer to a mortgagee in lieu of foreclosure or any transfer pursuant to any other proceeding, arrangement or deed in lieu of foreclosure.

(3)

Any transfer made pursuant to a judicial sale or other judicial proceeding brought to secure payment of a debt or for the purpose of securing the performance of an obligation.

(4)

Any transfer of the interest of one cotenant to another cotenant by operation of law or otherwise.

(5)

Any transfer made by will or descent or by interstate distribution.

(6)

Any transfer made to any municipal, county or state government or to any agency, instrumentality or political subdivision of a municipal, county or state government.

(j)

Certificate of compliance. The city manager, upon request and upon receipt of satisfactory proof of compliance with this section, shall furnish to the owner of any rental facility, or to the contract purchaser, or to any other party legitimately interested in any particular rental facility, a certificate in a form appropriate for recordation, certifying that the requirements of this section have been satisfied as of the date of the certificate with respect to the rental facility identified in the certificate.

(Code 1980, § 9-3)

(a)

Each person, firm or corporation owning or operating residential multi-family dwellings with an elevator, including condominiums, within the city shall maintain a written comprehensive emergency operations plan outlining in detail the sequence of operations before, during and after a natural or manmade disaster or other emergency situation. The plan shall include at a minimum, a life safety plan for evacuation, provisions for the health, safety, and welfare of the residents, and the contingency that the building may be rendered unsafe for occupancy. The written comprehensive emergency operations plan shall be maintained on the premises and be available for annual inspections by the city, the cost of which inspections shall be included in the annual life safety inspection fee. In addition, a copy of the comprehensive emergency operations plan must be submitted to the fire department to be kept on record.

(b)

Failure to comply with this section shall subject residential multi-family dwellings, including condominium owners and/or associations, to the penalties prescribed in F.S. § 162.22, as well as code compliance pursuant to chapter 9 of this Code.

(Ord. No. 2011-05, 4-20-2011)

Editor's note— Ord. No. 2011-05, adopted April 20, 2011, repealed the former § 8-113 and enacted a new § 8-113 as set out herein. The former § 8-113 pertained to emergency generator and emergency operations plans required, and derived from Ord. No. 2006-01, 1-17-2006; Ord. No. 2007-06, 5-2-2007; Ord. No. 2010-03, 1-6-2010.

All parking facilities to be developed in the future that serve groups A, E (exclusive of public schools), I, H, S, F, B, M, R (exclusive of single-family, duplex, and triplex units), and A5 (stadiums, reviewing stands, grandstands, enclosed grandstands, arenas, and enclosed domed structures) and open storage yards, including lumberyards and contractors' storage yards of group U occupancies (as described in the Florida Building Code, as amended from time to time) and all parking facilities existing on November 25, 1977, the effective date of the ordinance from which this section is derived, which will be used one-half hour after sundown at any time subsequent to 18 months from that effective date, shall be illuminated according to standards contained in this section.

(1)

For the purposes of this section, exterior parking facilities shall include the parking surface of open parking lots and access to such lots, and parking areas and other nonenclosed areas at grade level for which the parking facilities are a requirement. Garage parking facilities shall include underground, multilevel parking garages, and enclosed grade level parking facilities.

(2)

a.

For exterior parking facilities, the intensity of illumination shall provide an average of one footcandle equal to one lumen per square foot, and shall be well distributed on the pavement areas; however, at no point shall illumination be less than one-fourth footcandle.

b.

Garage parking facilities shall provide an average intensity of illumination of 50 footcandles at the entrance, ten footcandles in traffic lanes and five footcandles in storage areas.

c.

The current edition of the "IES Lighting Handbook," published by the Illuminating Engineers Society, is the standard to be used by the architect or engineer as a guide for the design and testing of parking facility lighting. The standards contained in that handbook shall apply unless standards developed and adopted by this section or subsequent amendments are more severe, in which case the more restrictive standards shall apply.

(3)

All plans for buildings to be constructed after November 25, 1977, to be used for groups A, E (exclusive of public schools), I, H, S, F, B, M, R (exclusive of single-family, duplex, and triplex units), and A5 (stadiums, reviewing stands, grandstands, enclosed grandstands, arenas, and enclosed domed structures) and open storage yards, including lumberyards and contractors' storage yards of group U occupancies as set forth in the Florida Building Code, as amended from time to time, must contain a parking facility lighting plan submitted by a registered architect or a registered engineer. The lighting plan shall be certified by the registered architect or registered engineer as providing illumination in accordance with the applicable minimum standards set forth in subsection (2) of this section. Subsequent construction must comply with the lighting plan. If there exists a question concerning whether the work was done in accordance with specifications, the building official may require as a prerequisite to the issuance of a certificate of occupancy that the architect or engineer who prepared the plans certify that all work was done in accordance with specifications.

(4)

All required illumination shall be controlled by automatic devices.

a.

For business uses with exterior or garage parking facilities, the required illumination shall be provided at least 30 minutes after the closing time of any establishment served by the parking facility.

b.

Any parking facility that serves a residential use must maintain the minimum levels of illumination established by this section through the use of natural or artificial light 24 hours per day.

(5)

All lighting shall be shaded or screened and aimed in such a manner as to minimize offensiveness to any neighboring property.

(Code 1980, § 8-17)

All owners or tenants of property with an illuminated exterior or garage parking facility, regardless of the date of installation of the facility, must replace or repair any light that becomes nonfunctional. A city inspector or law enforcement officer shall give the property owner or tenant written notice of any such malfunction which must be corrected within 15 calendar days of such notice.

(Code 1980, § 8-18)

(a)

In the event of an emergency, the city manager may authorize the issuance of a permit for the use of temporary structures or occupancy otherwise not permitted by the zoning and land development code for a period of up to 90 days. An additional 90 days may be granted if the city manager determines that reasonable progress has been made in alleviating the emergency. The temporary structure or occupancy must be removed upon expiration of the permit. Any decision of the city manager denying a temporary use or occupancy permit or denying an extension may, upon the payment of a filing fee, which is established and on file in the city clerk's office, be appealed to the city commission. Up to a one-year extension to the time period authorized by the city manager may be considered by the city commission at a public hearing if it is determined that extenuating circumstances warrant the extension. The use of temporary structures for sleeping quarters shall not be permitted except in residential zoning.

(b)

In the issuance of a permit, the city manager may impose such reasonable conditions as are necessary for the protection of the occupants and the surrounding properties and he may consider the standards of section 32-704.

(c)

An emergency is defined as an unforeseen event, not caused by the individual affected or by natural deterioration, where an existing structure is damaged or destroyed by any means, including fire, flood, wind, explosion, act of God or act of public enemy to an extent that such structure is rendered uninhabitable.

(Code 1980, § 8-19)

No swimming pool final inspection and approval shall be given by the building department, unless there has been erected a safety barrier as provided in this article.

(Code 1980, § 8-9)

Before any work is commenced on barriers, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of this article. No swimming pool permit shall be issued unless simultaneously a permit is secured for the erection of the required safety barrier; if the premises are already enclosed, a permit for the safety barrier shall not be required if, upon inspection of the premises, the existing barrier is proven to be satisfactory.

(Code 1980, § 8-10)

It shall be within the discretion of the building official to refuse approval of any barrier which, in his opinion, does not furnish the safety requirements in this article, that it is high enough and so constructed to keep the children of preschool age from getting over or through it.

(Code 1980, § 8-11)

The owners of swimming pools heretofore constructed shall be required to comply with the safety precautions of this article as to such existing swimming pools within 60 days after written notice by the building official. This time may be extended for good cause by the city commission.

(Code 1980, § 8-12)

(a)

The safety barrier shall take the form of a screened-in patio, a wooden fence, a wire fence, a rock wall, a concrete block wall, or other materials so as to enable the owner to blend with the style of architecture planned or in existence on the property.

(b)

The minimum height of the safety barrier shall be not less than four feet and not over five feet.

(c)

The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected; in either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area.

(d)

Gates shall be of the spring-lock type, so that they shall automatically be in a closed position at all times.

(e)

Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

(Code 1980, § 8-13)

(a)

In a wooden type fence, the boards, pickets, louvres or other such members shall be spaced, constructed and erected so as to make the fence nonclimbable and impenetrable.

(b)

Walls, whether of the rock or block type, shall be so erected to make them nonclimbable.

(c)

Wire fences shall be the two-inch chainlink or diamond weave nonclimbable type, or of an approved equal, with top rail. They shall be of a heavy, galvanized material.

(Code 1980, § 8-14)

This section shall be known as and may be cited as the "City of Hallandale Beach Historic Preservation Ordinance."

(Ord. No. 2005-6, § 2, 5-3-2005)

(a)

The protection, enhancement and perpetuation of properties of aesthetic, archaeological, architectural, cultural, historic, and paleontological merit are in the interests of the health, prosperity, and welfare of the people of Hallandale Beach. Therefore, this section is intended to:

(1)

Accomplish the protection, enhancement, and perpetuation of buildings, structures, improvements, landscape features, and archaeological and paleontological resources of sites and districts that represent distinctive elements of the city's architectural, cultural, economic, natural, political, prehistoric, religious, scientific, and social history;

(2)

Safeguard the city's architectural, cultural, economic, natural, political, prehistoric, religious, scientific, and social heritage, as embodied and reflected in such individual sites, districts, and archaeological zones;

(3)

Foster understanding and civic pride in the accomplishments and events of the past;

(4)

Protect and enhance the city's attraction to visitors and residents, encourage appropriate redevelopment, and provide support and stimulus to the city's economy; and,

(5)

Promote the use of individual sites and districts for the education, pleasure, and welfare of the people of the city.

(Ord. No. 2005-6, § 2, 5-3-2005)

(a)

This section is intended to and shall govern and be applicable to all property located within the city. Nothing contained herein shall be deemed to supersede or conflict with applicable building and zoning codes. Provisions contained herein shall be cumulative and read in conjunction with other provisions of the city Code and any applicable provisions of the county code and laws of the state.

(b)

The following are exempt from the regulations of this article:

(1)

All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, and all mechanical and electrical equipment not involving exterior changes or construction visible from the public right-of-way, or navigable waterway.

(2)

Any permit which is necessary for both compliance with a lawful order issued by the city's building official, unsafe structures board, or fire marshal for immediate public health, safety, and welfare.

(3)

Internment in a designated cemetery.

(Ord. No. 2005-6, § 2, 5-3-2005)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

Archaeological materials means human-manufactured objects or natural objects altered by human activity that are 100 years of age or more. Consistent with state law, unmarked human remains and associated burial artifacts and materials that are 75 years of age or older and discovered during lawful archaeological activities may also be considered archaeological materials for the purposes of this article.

(b)

Archaeological zone means an area designated by this section that is likely to yield largely subsurface information on the prehistory and history of the city based on prehistoric and historic settlement and land use patterns within the city. These zones will tend to conform to certain natural physiographic features that were the focal points for prehistoric and historic activities.

(c)

Certificate of appropriateness (COA) means a certificate or permit allowing certain alterations or improvements to a designated individual site or property within a designated site or district;

(1)

Regular certificate of appropriateness. A regular COA shall be issued by the staff assigned to the Historic Preservation Board, without the need for board approval, based upon certain guidelines, criteria, and or thresholds established and approved by the board.

(2)

Special certificate of appropriateness. For all applications for a special COA involving the demolition, removal, reconstruction, new construction, or other actions described in the guidelines promulgated by the Historic Preservation Board at an individual site or a site within an historic district, a special COA is required issued directly by the city commission.

(d)

Certificate to dig (CTD) means a certificate approved by the Historic Preservation Board for certain digging and excavation actions or projects that may involve a known or unknown archaeological or paleontological site or archaeological or paleontological resources within a designated archaeological or paleontological zone, designated individual historic site or designated historic district.

(e)

Contributing structures mean structures within an historic district that retain aesthetic, archaeological, architectural, cultural, or historical significance and are integral to the identity of the historic district.

(f)

Demolition means the complete constructive removal of a building, structure, significant landscape feature, or other significant improvement to real property within a designated archaeological zone, designated individual historic site or designated historic district.

(g)

Designated interior shall mean the following:

(1)

The internal structural system important in defining the overall historic character of the building, such as post and beam systems, trusses, summer beams, vigas, cast-iron columns, above-grade stone foundation walls, or load-bearing brick or stone walls;

(2)

The interior spaces that are important in defining the overall historic character of the building, including size, configuration, relationship of rooms and corridors; and

(3)

The interior features and finishes including columns, fireplaces, mantles, light fixtures, hardware, flooring, and other decorative materials that are important in defining the overall historic character of the building.

(h)

Districts means a collection of two or more archaeological zones, buildings, structures, landscape features or other improvements that are concentrated within proximity to one another and have been designated collectively pursuant to this section.

(i)

Exterior means all outside surfaces of a building or structure.

(j)

Florida master site file means an archive and database of all known archaeological and historic sites and districts recorded within the state that is maintained by the Florida Department of State Office of Cultural and Historic Properties and is organized alphabetically by county and numerically, as recorded.

(k)

Guidelines for preservation means, as promulgated and amended, the U.S. Secretary of the Interior's standards for the treatment of historic properties with guidelines for preserving, rehabilitating, restoring, and reconstructing historic buildings and related U.S Department of the Interior standards and guidelines documents.

(l)

Historic Preservation Board means an advisory board of citizens, as described herein, to administer the historic preservation ordinance, with the assistance of city staff.

(m)

Historic survey means the body of information contained within the historic properties survey of the city, as well as other historic properties in the city listed by the Broward County Historical Commission and the Broward County Planning Council as local areas of particular concern, and properties listed within the Florida Master Site File, and any other studies within the city that describe properties of aesthetic, archaeological, architectural, cultural, historic, and paleontological merit.

(n)

Individual site means an archaeological or paleontological zone, historic building, structure, significant landscape feature, place, or other improvement to real property that has been designated as an individual site pursuant to this section. Under provisions of this section, interior spaces may be regulated only where a building or structure is a designated individual site and when so specified in the designation report.

(o)

Landscape feature means any landscape improvement or vegetation including, but not limited to, courtyards, decorative stone, earthen mounds, exterior lighting, fences, gates, outbuildings, planters, plantings, shrubbery, sidewalks, signage, statuary, street furniture, trees, and walls.

(p)

National Register of Historic Places means a federal government listing maintained by the U.S. Department of the Interior that catalogues individual archaeological, paleontological, and historical sites, structures, landscape features and districts that have attained a quality of significance as determined by the National Historic Preservation Act of 1966, as amended.

(q)

Non-contributing structures means structures within an historic district that are not historically or architecturally compatible with other contributing structures within the district.

(r)

Ordinary repairs and maintenance means work done to prevent deterioration of a building or structure or decay or damage to a building or structure or any part thereof by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay, or damage.

(s)

Owner of a designated property means as reflected on the current county tax rolls or current title holder.

(t)

Paleontological zone means an area designated by this section that is likely to yield largely subsurface information on the prehistory and fossil history of the city based on prehistoric environmental patterns within the city as determined in consultation with the Broward County Historical Commission. These zones will tend to conform to certain geological features and deposits.

(u)

Reconstruction means the process of reproducing by new construction, the exact form and detail of a demolished building, structure or object, as it appeared at a certain point in time.

(v)

Undue economic hardship means the occurrence when the failure to issue one of the several certificates would place an onerous and excessive financial burden upon the property owner that would amount to a taking of the owner's property without just compensation.

(Ord. No. 2005-6, § 2, 5-3-2005)

(a)

Criteria. The board shall make recommendations to the city commission who shall have the authority to officially designate areas, places, buildings, structures, interiors, landscape features, archaeological sites, roadways, and other improvements or physical features as individual sites, districts or zones that are significant in the city's archaeology, architecture, culture, and human and natural history and that possess an integrity of location, design, setting, materials, workmanship or association, or:

(1)

Are associated with distinctive elements of the agricultural, architectural, artistic, cultural, economic, natural, political, prehistoric, religious, scientific, and social history that have contributed to the pattern of history in the city, the county, South Florida, the state, or the nation;

(2)

Are associated with the lives of persons significant in the city's past;

(3)

Embody distinctive characteristics of a type, period, style, or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction; or

(4)

Have yielded, or are likely to yield, information in history, prehistory, or paleontology.

(b)

Properties not generally considered; exceptions. Certain properties, such as cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties commemorative in nature, and properties not at least 50 years old, will not normally be considered for designation. However, such properties will qualify if they are integral parts of sites, areas, periods, or districts that do meet the criteria, or if they fall within the following categories:

(1)

A religious property deriving primary significance from architectural or artistic distinction of historic importance.

(2)

A building or structure removed from its location but which is primarily significant for its architectural value, or is the surviving structure most importantly associated with an historic event, period, or person.

(3)

A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his/her productive life.

(4)

A cemetery which derives its primary significance from graves of persons of transcendent importance such as original town settlers or early pioneers, distinctive design features, from age, or from association with historic events.

(5)

A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its historic significance.

(6)

A property or district achieving significance within the past 50 years if it is of exceptional importance.

(c)

Investigation and designation report. Prior to the designation of an individual site, a district or a zone, an investigation and designation report must be filed with the board. The format of the designation report may vary according to the type of designation; however, all reports must address the following:

(1)

The aesthetic, archaeological, architectural, cultural, historic, or paleontological significance of the property or properties being recommended for designation;

(2)

A recommendation for boundaries for districts and zones and an identification of the boundaries of individual sites being designated; and

(3)

If clearly specified, certain identifiable elements of a site, district, or zone may be exempt from the necessity of a certificate of appropriateness or a certificate to dig because of the particular circumstances of the property or properties to be designated.

(4)

Properties previously designated by the Broward County Historical Commission, the state, or listed on the National Register of Historic Places may have those reports previously prepared adopted by the board as a city designation report.

(d)

All reports shall take into consideration the effect of all projected, proposed, or existing public and private improvements and developmental or renewal plans on the integrity of the historic district or the integrity of archaeological or paleontological zones.

(e)

Procedure.

(1)

Petition of the owner. The owner or owners of any property or properties in the city may petition the board for designation of his or her property as an individual site, district, or zone provided that the owner(s) appears before the board with sufficient information to warrant the investigation of the property for future designation and the board finds that the property may be worthy of designation. The board shall, based upon its findings, direct the staff to begin the designation process. Nothing in this subsection shall be deemed to restrict the power of the board to initiate the designation process pursuant to this section.

(2)

Directive of the board. The board shall, upon recommendations from staff, the city commission, the city manager or the acceptance of a petition pursuant to subsection (e)(1) of this section, direct staff to begin the designation process by preparing a designation report, pursuant to subsection (c) of this section and any other standards and guidelines the board may deem necessary, and submitting the designation report according to the procedures described herein.

(3)

Notification of owner. For each proposed designation of an individual site, a district, or a zone, the board is encouraged to obtain the permission of the property owner or owners within the proposed designation area, and is responsible for mailing a copy of the designation report to the owner or owners as notification of the Board's intent to consider designation of the proposed site, district, or zone at least 15 days prior to a public hearing held pursuant to this section.

(4)

Notification of governmental agencies. Upon filing of a designation report, the staff of the board shall immediately notify the appropriate city departments, with building, demolition, environmental, planning, zoning, and public works powers that may be affected by said filing including but not limited to, the city manager, the building official, the director of development services, and the director of public works.

(5)

Notification of a public hearing. For each individual site, district, or zone proposed for designation, a public board hearing must be held no sooner than 15 days and within 60 days from the date a designation report has been filed with the board. Owners of record or other parties having an interest in the property or properties proposed for designation, if known, shall be notified of the public hearing by U.S. mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be published in a newspaper of general circulation at least ten days prior to the hearing. The required advertisements shall be no less than two columns wide by ten inches long in a standard-size or a tabloid-size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city pursuant to F.S. ch. 50 and shall be published for at least five days. Owners shall be given an opportunity at the public hearing to object to the proposed designation.

(6)

Courtesy letters.

a.

All property owners within 150 feet of the individual site or district proposed for historic designation shall receive a courtesy notice indicating the following:

1.

Date and time of public hearing;

2.

Address and or legal description of property or properties to be designated; and

3.

Place and times application can be reviewed.

b.

The names of the property owners shall be as listed in the most current edition of the county tax rolls. Failure of a property owner to receive such courtesy notice shall not void any decision reached on the subject matter.

c.

When a residential structure which contains a legally constituted homeowners' or condominium association is located within the distances in subsection (6)(a) of this section, a single notice transmitted to the current president or officer in charge shall satisfy the requirements for all property owners within the structure.

(7)

Requirement of prompt decision and notification. The board's recommendation for designation shall be forwarded directly to the city commission for decision. The city commission shall by written resolution, state its decision to approve, deny, or amend the proposed designation. Upon designation, the city commission shall direct the city clerk to notify the following of its actions with a copy of the resolution:

a.

The appropriate city agencies with building, demolition, environmental, planning, public works, and zoning powers that may be affected by this action including but not limited to, the city manager, the building official, the director of development services, and the director of public works;

b.

The Broward County Historical Commission administrator;

c.

The owner or owners of the affected property or properties and other parties having an interest in the property or properties, if known; and

d.

The Broward County Property Appraiser.

(8)

Amendment or rescission. The city commission may amend or rescind any designation provided it complies with the same manners and procedures used in the original designation.

(9)

Moratorium. Upon the filing of a designation report by the staff, the owner or owners of the real property that is the subject matter of the designation report or any individual or private or public entity shall not:

a.

Erect any structure on the subject property;

b.

Alter, restore, renovate, move, or demolish any structure or any part of a structure on the subject property until such time as final administrative action, as provided by this section, is completed.

(10)

Recording of designation. All designations shall be recorded with the records division of the county.

(Ord. No. 2005-6, § 2, 5-3-2005)

(a)

Certificate required as prerequisite to alteration. No building, structure, interior, improvement, landscape feature or archaeological or paleontological site within the city that is designated pursuant to section 8-185 of this article shall be altered, constructed, demolished, excavated, moved, rehabilitated, renovated, or restored until an application for a certificate of appropriateness or certificate to dig has been submitted that describes the proposed alteration, construction, demolition, excavation, movement or removal, rehabilitation, renovation, or restoration, or other similar actions, has been submitted to and approved by the city commission or staff, where applicable, pursuant to the procedures in this section. No certificate of appropriateness or certificate to dig shall be approved unless architectural, engineering or other acceptable work plans for the proposed alteration, construction, demolition, excavation, movement or removal, rehabilitation, renovation, or restoration, or other similar actions, are approved by the board or staff pursuant to this section.

(b)

Standards for issuance. The board shall make recommendations to the city commission from time to time to amend the standards by which applications for any certificate of appropriateness or certificate to dig are to be measured and evaluated. In adopting these guidelines, it is the intent of the board to promote the maintenance, restoration, rehabilitation, renovation, and adaptive reuses appropriate to a property or properties, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features and improvements of neighboring buildings, structures, sites, and streetscapes. These guidelines shall also serve as criteria for staff to make decisions regarding applications for regular certificates of appropriateness and certificates to dig. All certificates of appropriateness shall permit the staff to the board and the representatives of other appropriate governmental agencies to inspect from time to time any work approved pursuant to this section.

(c)

Regular certificates of appropriateness. Based upon the criteria established in subsection (b) above and staff's review of the originally approved designation report, applications for a regular certificate of appropriateness shall be accompanied by a certified property survey, comprehensive, professionally prepared architectural plans and specifications including professionally prepared landscape plans, civil engineering plans, elevation drawings, material samples and any other information or articles deemed necessary by staff to fully describe the proposed alterations. The staff of the board shall, within 21 days from the date a complete application has been filed, approve or deny the application for a regular certificate of appropriateness by the owner or owners of a designated site or property within a district or zone. The findings of staff shall be sent by regular mail to the applicant within seven days of the staff decision, accompanied by a statement in full regarding the staff's decision.

(d)

Special certificates of appropriateness. An applicant for a special certificate of appropriateness shall submit his or her application to the board accompanied with a certified property survey, comprehensive, professionally prepared architectural plans and specifications including professionally prepared landscape plans, civil engineering plans, structural engineering reports, elevation drawings, material samples and any other information or articles deemed appropriate by staff or the board to fully describe the proposed appearance, color, texture, or materials, and architectural design of the building and any courtyards, decorative stone, earthen mounds, exterior lighting, fences, gates, outbuildings, planters, plantings, shrubbery, sidewalks, signage, statuary, street furniture, trees, and walls or other structures or landscape features.

(1)

The applicant shall provide adequate information to enable the board to visualize the effect of the proposed action on the applicant's property and adjacent properties and streetscapes. If such application involves a designated archaeological or paleontological zone, the applicant shall provide full plans and specifications of work that may affect the surface and subsurface of the zone.

(2)

The board shall hold a public hearing upon an application for a special certificate of appropriateness affecting any city-designated site, district, or zone. In such instances, notice and procedure of the public hearing shall be given to the property owner or owners by certified mail and to other interested parties by an advertisement in a newspaper of general circulation at least ten days prior to the public hearing in accordance with section 8-185(e)(5) and (6) above.

(3)

The board shall act upon an application within 60 days of receipt of application materials adequately describing the proposed action. The board shall recommend approval, denial, or recommend approval upon modification to the city commission, subject to the acceptance of the modification by the applicant, or suspend action on the application for a period not to exceed 31 days in order to seek technical advice from outside the board members, allow the applicant to reconsider and propose revisions or modifications to the application, or for staff to meet further with the applicant to revise or modify the application.

(4)

The decision of the city commission shall be issued in writing. Evidence of approval of the application shall be by certificate of appropriateness issued by the city commission or the board's staff to the applicant and, whatever its decision, notice in writing shall be given to the applicant and the appropriate city and county agencies with building, demolition, environmental, planning, public works, and zoning powers that may be affected by this action. When an application is denied, the city commission's notice shall provide an adequate written explanation of its decision to disapprove the application.

(5)

Unless otherwise provided in the authorizing language of a particular certificate of appropriateness at the discretion of the city commission, both regular and special certificates of appropriateness shall expire after 365 days. Staff may grant extensions of time of up to an additional 180 days for restoration or rehabilitation work only upon satisfaction that the scope of the work originally approved has not changed and provided that a written request is filed and work is commenced before the expiration of the original certificate.

(6)

Applications for special certificates of appropriateness involving demolition will require a structural report prepared by a licensed structural engineer.

(e)

Certificates to dig.

(1)

When required; how granted. A certificate to dig shall be required prior to the initiation of any proposal involving the excavation or in the event of any new construction, filling, digging, trenching, boring, tree or shrub removal, or any other activity that may alter or reveal surficial, embedded, or buried archaeological or paleontological material on a designated site or district. The procedure to obtain a certificate to dig shall be the same as indicated above for a special certificate of appropriateness and shall require city commission approval.

(f)

Demolition.

(1)

The demolition of a designated building, structure, improvement, site, district, or zone may not occur without the issuance of a special certificate of appropriateness, unless by a superseding order of a court of competent jurisdiction.

(2)

The city's building official and the Unsafe Structures Board shall receive notice of designation of individual sites, districts, or zones pursuant to section 8-185. The staff of the Unsafe Structures Board shall consult with the staff of the Historic Preservation Board before entering a demolition order or placing such properties on an official agenda. The Unsafe Structures Board shall not enter a demolition order unless they first determine in writing that there exists no feasible alternative to demolition.

(3)

The city commission and the Historic Preservation Board shall be deemed interested parties and shall receive ten days prior written notice of any public hearings conducted by the Unsafe Structures Board regarding the demolition of any designated property within the city. The city commission may make recommendations and suggestions to the Unsafe Structures Board and the property owner or owners relative to the feasibility of and the public interest in preserving the designated property.

(4)

At the written request of the city commission, the Unsafe Structures Board shall continue any hearing on any designated property for not less than 30 days to allow consultation with the Historic Preservation Board and the city commission. If the Unsafe Structures Board subjects a designated property to an order providing for demolition, the order shall also, at the written request of the Historic Preservation Board, establish a grace period of no less than 120 days to obtain a permit to repair the property, followed by no less than 180 days to substantially complete such repairs. After entry of such a repair or demolition order, the Unsafe Structures Board shall have the jurisdiction and authority to grant additional extensions of the grace period, provided the agency is satisfied that the repair will be completed within a reasonable time. Nothing in this section shall prohibit the Unsafe Structures Board from entering an order requiring a designated property to be secured.

(5)

No permit for voluntary demolition of a designated building, structure, interior, improvement, landscape feature, zone, site, or other protected element of a property shall be issued to the owner or owners thereof until an application for a special certificate of appropriateness has been submitted and approved pursuant to the procedures in this section. Refusal by the city commission to grant a special certificate of appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The city commission shall be guided by the criteria contained in subsection (6) herein. The city commission may grant a special certificate of appropriateness that may provide for a delayed effective date for demolition. The effective date shall be determined by the city commission based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition delay period, the city commission may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this section. Such steps may include, but shall not be limited to, consultation with interested persons and private organizations, civic groups, and other public agencies, recommendations for acquisition of the property by public or private agencies or organizations, and exploration of the possibility of moving subject structures or other features.

(6)

In addition to all other provisions of this section, the Historic Preservation Board and the city commission shall consider the following criteria in evaluating applications for demolition of designated properties:

a.

Is the structure of such interest or quality that it would reasonably meet national, state, or local criteria for designation as an archaeological, architectural, or historical landmark?

b.

Is the structure of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense?

c.

Is the structure one of the last remaining examples of its kind within the city or county?

d.

Does the structure contribute significantly to the historic character of a designated district?

e.

Would retention of the structure promote the general welfare of the city by providing an opportunity for study of local history, architecture, or design or by developing an understanding of the importance and value of a particular culture or heritage?

f.

Are there definite plans for reuse of the property if the proposed demolition is carried out and what will be the effect of those plans on the character of the surrounding area?

(7)

The loss of a designated structure or feature within the city, destroyed by fire, natural disaster, or other means may be corrected by efforts to reconstruct the resource. In the event a designated structure or feature is demolished illegally without a required special certificate of appropriateness, reconstruction shall be required. The board and the city commission shall be guided by, but not limited to the following:

a.

Is there sufficient evidence (photodocumentation, drawings, and/or physical evidence) to accurately depict the form and detail of the original resource?

b.

Are the original construction materials readily available, or are substitute materials sufficiently similar so as to convey the original qualities of construction?

c.

Were the interior spaces designated or especially significant to the form and function of the building? If so, the board will define the parameters necessary to adequately convey those interior spatial characteristics as requirements in the reconstruction effort.

d.

Has the applicant demonstrated a commitment to the reconstruction effort by making every reasonable effort to preserve or salvage the remaining features of the property?

e.

Are there other unique factors or circumstances that would make reconstruction desirable?

The applicant for the reconstruction effort shall provide the board and the city commission with details of the construction project, to include a description of the existing character of the site, and whether or not there is any salvage potential. Every reasonable effort shall be made to incorporate salvaged elements within the reconstructed historic resource.

(g)

Building permit not to issue without a certificate. No building or other permit that affects any designated property within the city shall be issued by any city, county, or state agency without an approved certificate of appropriateness or certificate to dig.

(h)

Compliance of work with certificate standards; official and staff. All work performed pursuant to the issuance of any certificate shall conform to the requirements of the certificate. The city manager shall hire an historic preservation professional or designate an appropriate city staff member, along with any other necessary city staff, to assist by making necessary inspections in connection with enforcement of this section and shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the city commission and copies of any stop work orders shall be furnished to both the city commission and the applicant. The official selected by the city manager as staff for the board shall be responsible for ensuring that any work not in accordance with an issued certificate of appropriateness or other provisions of this ordinance shall be corrected to comply with the certificate or provision prior to withdrawing the stop work order.

(i)

Emergency and temporary measures. For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction, or other necessary repairs to a designated building or site within the city, pursuant to an order of a government agency or a court of competent jurisdiction.

(1)

The owner of any designated property damaged by storm, fire or other calamity shall be permitted to stabilize the building immediately without board approval and to repair, restore, reconstruct, or rehabilitate the property later under the normal review procedures to this section.

(j)

No action to constitute approval. If no action upon a completed application is taken within 60 days from the date of its receipt, such application shall be deemed to have been approved and no other evidence of approval shall be needed. This time limit may be waived by mutual written consent of the applicant and the city commission.

(k)

Power of review. The board shall have the authority to review and make recommendations on applications for certificates and the city commission shall have the authority to approve or deny applications for certificates of all property within the city, however owned, by either public or private parties. The purposes of this section shall apply equally to plans, projects, or work executed or assisted by any private party, governmental body or agency, department, authority or commission or board of the city, county, or state.

(l)

Archaeological sites or districts. To protect a designated archaeological site, district, or zone (hereinafter "site"), the board may require any of the following:

(1)

An archaeological survey at the applicant's expense conducted by a qualified archaeologist approved by the board containing an assessment of the significance of the archaeological site and an analysis of the impact of the proposed activity on the site;

(2)

Scientific excavation as an evaluation of the site at the applicant's expense by a qualified, professional archaeologist;

(3)

Mitigation measures to offset any potential detrimental effects from activities affecting the site;

(4)

Protection or preservation of all or part of the archaeological site for green space; and

(5)

Request the oversight, technical guidance, or intervention of the Broward County Historical Commission, as appropriate. The board may also require an archaeological survey or scientific excavation as a precondition to consider further action.

(Ord. No. 2005-6, § 2, 5-3-2005)

(a)

Archaeological work. Archaeological surveys, assessments, excavations, and other work required by this section shall be conducted by a qualified, professional archaeologist and be consistent with the guidelines for such work consistent with accepted professional standards and regulations developed by the Florida Department of State Office of Cultural and Historic Properties and the U.S. Department of the Interior, or their successor agencies.

(b)

Sites discovered during the development process. In the event that archaeological materials are discovered by ground-disturbing activities on any property within the city, such activities in the immediate vicinity of the archaeological site shall be discontinued and board notified. The board shall review the site of the discovery and may require that the site be assessed by a qualified professional archaeologist at the expense of the property owner.

(c)

Unmarked human graves. If a discovery is made on any property within the city of an unmarked human grave or graves, then the procedures for notifying the state archaeologist and county medical examiner shall be followed, consistent with F.S. ch. 872, as amended. The disposition of the remains and the preservation of the burial site shall be determined consistent with state law and with the advice and consent of the board.

(Ord. No. 2005-6, § 2, 5-3-2005)

(a)

Ordinary maintenance or repair. Nothing in this section shall prevent the ordinary maintenance or repair of any interior or exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit or certificate of appropriateness for demolition.

(b)

Affirmative maintenance required. The owner of a property designated pursuant to this section either individually or as a contributing part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against such decay and deterioration and shall be free from structural defects through prompt corrections of any of the following defects:

(1)

Facades that fall and injure the subject property, adjoining property, or members of the public;

(2)

Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

(3)

Members of ceilings, roofs, ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration;

(4)

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken, unsecured or missing windows or doors; or

(5)

Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight.

(c)

Undue economic hardship. Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant's property, strict enforcement of the provisions of this section would result in serious undue economic hardship to the applicant, the city commission shall have the power to vary or modify adherence to this section; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect the city.

(d)

Enforcement.

(1)

Notice of administrative enforcement. When a city code compliance specialist or building inspector determines a violation of subsection (b) above, chapter 14 of this Code, or any other code violation, that officer or inspector shall provide written notice of the violation to the owner in writing in accordance with section 14-84 and/or 14-85 of this Code. The property owner shall be granted a reasonable amount of time to perform the corrective action per section 14-84 and/or 14-85 of this Code. Upon neglect, refusal, or failure to comply, the code compliance specialist or building inspector may pursue special magistrate or unsafe structure board action in accordance with section 14-84 and/or 14-85 of this Code.

(2)

Action for injunction and remedial relief; lien on property. If the property owner fails to take corrective action pursuant to a final order issued by the special magistrate or the unsafe structures board, the city may file liens against the property pursuant to sections 14-85 and 14-86 of this Code.

The city may also file an action seeking: (1) An injunction ordering the property owner to take corrective action; (2) An order authorizing the city to enter onto the property to make corrective actions; and (3) civil penalties.

The court shall order an injunction providing such remedies if the city proves that the owner has violated this section and such violation threatens the integrity or existence of an individual site or a contributing structure within a district. Such civil action may be initiated in the name of the city at the discretion of the city manager upon an affirmative vote of a majority of the city commission.

Settlements of such lawsuits may be obtained in the same manner. Nothing herein shall prevent the city commission from initiating or assuming direction of the lawsuit, at its discretion. In the event that the court authorizes the city to enter onto the property to take required corrective action, the court shall also order that the cost of the corrective action shall constitute a lien against the property, accruing interest at the statutory rate for judgments until satisfied.

(3)

Civil penalties. Violation of this section shall be punished by a civil penalty of $500.00. After expiration of the reasonable time period provided in subsection (d)(1), each day that the corrective action is not taken shall constitute a separate violation.

(Ord. No. 2005-6, § 2, 5-3-2005; Ord. No. 2022-005, § 1, 3-2-2022)

(a)

A party aggrieved by a staff decision regarding a regular certificate of appropriateness shall have an opportunity to challenge the staff decision by applying to the board through a written request within 31 days of the staff's findings. The city commission may affirm, modify or reverse any decision of the board. Nothing contained herein shall preclude the city commission from seeking additional information prior to rendering a final decision. The decision of the city commission shall be in writing and a copy of the decision shall be forwarded to the board and the appealing party within the time prescribed by the appropriate Florida Rules of Appellate Procedure.

(b)

A party aggrieved by a decision of the city commission may appeal directly to the circuit court of the county.

(Ord. No. 2005-6, § 2, 5-3-2005)

Failure by an owner of record or any individual, corporation, public or private entity to comply with any provisions of this section shall constitute a violation of section 1-8 of this Code and shall be punishable by civil or criminal penalties including a fine not more than $500.00 per day for each day the violation continues and including a requirement that any work performed contrary to this section must be removed and the property returned to its condition prior to commencement of said action.

(Ord. No. 2005-6, § 2, 5-3-2005)

(a)

Title. These regulations shall be known as the floodplain management ordinance of the City of Hallandale Beach, hereinafter referred to as "this article."

(b)

Scope. The provisions of this article shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Where explicitly stated, this article shall apply to areas outside of flood hazard areas.

(c)

Intent. The purposes of this article and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

(1)

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

(2)

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

(3)

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

(4)

Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

(5)

Minimize damage to public and private facilities and utilities;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(7)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

(8)

Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.

(d)

Coordination with the Florida Building Code. This article is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.

(e)

Warning. The degree of flood protection required by this article and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this article.

(f)

Disclaimer of liability. This article shall not create liability on the part of the city commission or by any officer or employee thereof for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016)

(a)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)

Areas to which this article applies. Unless explicitly stated otherwise, this article shall apply to all flood hazard areas within the city, as established in section 8-72(c) of this article.

(c)

Basis for establishing flood hazard areas. The Flood Insurance Study for Broward County, Florida and Incorporated Areas dated July 31, 2024, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the building division in City Hall, 400 South Federal Highway.

(d)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to section 8-75 of this article the floodplain administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations:

(1)

Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this article and, as applicable, the requirements of the Florida Building Code.

(2)

Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

(e)

Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state or federal law.

(f)

Abrogation and greater restrictions. This article supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article.

(g)

Interpretation. In the interpretation and application of this article, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016; Ord. No. 2024-018, § 2, 6-26-2024)

(a)

Designation. The building official is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees.

(b)

General. The floodplain administrator is authorized and directed to administer and enforce the provisions of this article. The floodplain administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this article without the granting of a variance pursuant to section 8-77 of this article.

(c)

Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the community, shall:

(1)

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

(2)

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this article;

(3)

Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;

(4)

Provide available flood elevation and flood hazard information;

(5)

Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

(6)

Review applications to determine whether proposed development will be reasonably safe from flooding;

(7)

Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this article is demonstrated, or disapprove the same in the event of noncompliance; and

(8)

Coordinate with and provide comments to the building official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this article.

(d)

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

(1)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

(4)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this article is required.

(e)

Modifications of the strict application of the requirements of the Florida Building Code. The floodplain administrator shall review requests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to section 8-77 of this article.

(f)

Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this article.

(g)

Inspections. The floodplain administrator shall make the required inspections as specified in section 8-76 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.

(h)

Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including but not limited to:

(1)

Establish, in coordination with the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 8-73(d) of this article;

(2)

Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, state floodplain management office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA);

(3)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available;

(4)

Review required design certifications and documentation of elevations specified by this article and the Florida Building Code and this article to determine that such certifications and documentations are complete;

(5)

Notify the Federal Emergency Management Agency when the corporate boundaries of City of Hallandale Beach are modified; and

(6)

Advise applicants for new buildings and structures, including substantial improvements that are located in any unit of the coastal barrier resources system established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on flood insurance rate maps as "coastal barrier resource system areas" and "otherwise protected areas."

(i)

Floodplain management records. Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this article and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this article; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this article and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Building Division in City Hall, 400 South Federal Highway.

(Ord. No. 2014-21, § 3, 6-4-2014)

(a)

Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this article, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator, and the building official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes and regulations has been satisfied.

(b)

Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this article for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

(c)

Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this article:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

Nonresidential farm buildings on farms, as provided in F.S. § 604.50.

(3)

Temporary buildings or sheds used exclusively for construction purposes.

(4)

Mobile or modular structures used as temporary offices.

(5)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

(6)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

(7)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(8)

Temporary housing provided by the department of corrections to any prisoner in the state correctional system.

(9)

Structures identified in F.S. § 553.73(10)(k) are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps.

(d)

Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall:

(1)

Identify and describe the development to be covered by the permit or approval.

(2)

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

(3)

Indicate the use and occupancy for which the proposed development is intended.

(4)

Be accompanied by a site plan or construction documents as specified in section 8-75 of this article.

(5)

State the valuation of the proposed work.

(6)

Be signed by the applicant or the applicant's authorized agent.

(7)

Give such other data and information as required by the floodplain administrator.

(8)

For projects proposing to enclose areas under elevated buildings in coastal high hazard areas and coastal A zones, and applications for wet floodproofed accessory structures larger than 100 square feet, include signed declaration of land restriction (non-conversion agreement); the non-conversion agreement shall be recorded on the property deed prior to issuance of the certificate of occupancy.

(e)

Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this article shall not be construed to be a permit for, or approval of, any violation of this article, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions.

(f)

Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. A one-time extension of not more than 180 days may be requested in writing and justifiable cause shall be demonstrated by applicant.

(g)

Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this article or any other ordinance, regulation or requirement of this community.

(h)

Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following:

(1)

The South Florida Water Management District; F.S. § 373.036.

(2)

Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065 and Chapter 64E-6, F.A.C.

(3)

Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; F.S. § 161.141.

(4)

Florida Department of Environmental Protection for activities subject to the joint coastal permit; F.S. § 161.055.

(5)

Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

(6)

Federal permits and approvals.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016; Ord. No. 2021-022, § 2, 10-20-2021)

(a)

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development:

(1)

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development.

(2)

Where base flood elevations, or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with section 8-75(b)(2) or (3) of this article.

(3)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with section 8-75(b)(1) of this article.

(4)

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide.

(5)

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

(6)

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

(7)

Delineation of the coastal construction control line or notation that the site is seaward of the coastal construction control line, if applicable.

(8)

Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.

(9)

Existing and proposed alignment of any proposed alteration of a watercourse.

The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this article.

(b)

Information in flood hazard areas without base flood elevations (approximate zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator shall:

(1)

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

(2)

Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.

(3)

Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

a.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or

b.

Specify that the base flood elevation is three feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than three feet.

(4)

Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(c)

Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents:

(1)

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in section 8-75(d) of this article and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

(2)

For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as zone AO or zone AH.

(3)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in section 8-75(d) of this article.

(4)

For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage.

(d)

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

(Ord. No. 2014-21, § 3, 6-4-2014)

(a)

General. Development for which a floodplain development permit or approval is required shall be subject to inspection.

(b)

Development other than buildings and structures. The floodplain administrator shall inspect all development to determine compliance with the requirements of this article and the conditions of issued floodplain development permits or approvals.

(c)

Buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this article and the conditions of issued floodplain development permits or approvals.

(d)

Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator:

(1)

If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or

(2)

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with section 8-75(b)(3)b. of this article, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(e)

Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in section 8-76(d) of this article.

(f)

Manufactured homes. The building official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this article and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the building official.

(Ord. No. 2014-21, § 3, 6-4-2014)

(a)

General. The city commission of the City of Hallandale Beach shall hear and decide on requests for appeals and requests for variances from the strict application of this article. Pursuant to F.S. § 553.73(5), the city commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. Variances sought under this section shall be advertised, posted and noticed as provided in section 32-967 et seq. relating to variances. An administrative fee, which is established and on file in the city clerk's office, shall be due at the time an application is submitted.

(b)

Appeals. The city commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforcement of this article. Any person aggrieved by the decision of city commission may appeal such decision to the circuit court, as provided by Florida Statutes.

(c)

Limitations on authority to grant variances. The city commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 8-77(g) of this article, the conditions of issuance set forth in section 8-77(h) of this article, and the comments and recommendations of the floodplain administrator and the building official. The city commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this article.

(d)

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 8-75(c) of this article.

(e)

Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 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.

(f)

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this article, provided the variance meets the requirements of section 8-77(d), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(g)

Considerations for issuance of variances. In reviewing requests for variances, the city commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this article, and the following:

(1)

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

(4)

The importance of the services provided by the proposed development to the community;

(5)

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

(6)

The compatibility of the proposed development with existing and anticipated development;

(7)

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

(8)

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

(9)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(10)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(h)

Conditions for issuance of variances. Variances shall be issued only upon:

(1)

Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this article or the required elevation standards;

(2)

Determination by the city commission that:

a.

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

b.

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

c.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

(3)

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and

(4)

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(Ord. No. 2014-21, § 3, 6-4-2014)

(a)

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this article that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this article, shall be deemed a violation of this article. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this article or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Any person who violates this article or fails to comply with any of its requirements shall upon conviction be punished as provided in section 1-8, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing contained in this subsection shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(b)

Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this article and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work.

(c)

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Ord. No. 2014-21, § 3, 6-4-2014)

(a)

Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this article, have the meanings shown in this section.

(b)

Terms defined in the Florida Building Code. Where terms are not defined in this article and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.

(c)

Terms not defined. Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

(Ord. No. 2014-21, § 3, 6-4-2014)

For the purposes of this article, the following terms, phrases, words, and their derivation shall have the meanings given herein, except when the context clearly indicates a different meaning. In the interpretation and application of this article, the definitions provided for herein shall control over definitions that may be included in other documents or manuals, including, but not limited to, the Florida Building Code. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and the word "may" is permissive.

Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Accessory structure. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this article.

ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Bank means the level space separating a waterway from an inland area, often elevated and constructed of compacted soil.

Base flood. A flood having a one-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "one-percent-annual chance flood."

Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM). [Also defined in FBC, B, Section 1612.2.]

Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.]

Berm means an earthen mound designed with impermeability to resist the flow of tidal waters through it to an adjacent property or public right-of-way.

Coastal A zone. Flood hazard areas that are:

(1)

Seaward of SR A1A and designated on the flood insurance rate map as zone A, AE, AO, A1-A30, AE, A99, or AH.

(2)

Landward of a zone V where the inland limit of breaking wave heights greater than or equal to one and one-half feet is delineated on the FIRM.

Coastal construction control line. The line established by the State of Florida pursuant to F.S. § 161.053 and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.

Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V zones" and are designated on flood insurance rate maps (FIRM) as zone V1-V30, VE, or V. [Note: The FBC, B, defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R, uses the term "coastal high hazard areas."]

Critical facility. Hospitals, nursing homes, medical services facilities, convalescent and assisted living facilities; police stations, fire stations, storage of critical records; government buildings and law enforcement offices; evacuation shelters and emergency operation centers that are needed for flood response activities before, during, or after a flood; and public and private utility (water and wastewater) facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood; radio/cellular/TV towers; schools and universities; landfills; and structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.

Crown of road. The elevation of the highest surface of street pavement within the right-of-way abutting the property relative to the National Geodetic Vertical Datum (NGVD) or North America Vertical Datum (NAVD) or otherwise approved by the city engineer.

Declaration of land restriction (non-conversion agreement). A form agreement provided by the floodplain administrator to be reviewed, signed, and recorded by the owner with the property deed in the official public records of the county, pursuant to which the owner to agrees not to convert or modify enclosures in any manner that is inconsistent with the terms of the building permit and regulations relating to enclosures below elevated buildings and accessory structures.

Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

(1)

Area with a floodplain subject to a one-percent or greater chance of flooding in any year; or

(2)

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. [Also defined in FBC, B, Section 1612.2.]

Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before November 24, 1972. [Also defined in FBC, B, Section 1612.2.]

Existing manufactured home park or subdivision. 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 November 24, 1972.

Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.]

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.]

Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

(1)

The area within a floodplain subject to a one-percent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood insurance rate map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]

Flood insurance study (FIS). The official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.]

Floodplain administrator. The office or position designated and charged with the administration and enforcement of this article (may be referred to as the floodplain manager).

Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this article.

Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. [Also defined in FBC, B, Section 1612.2.]

Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

Green-grey infrastructure or green-grey materials means a combination of engineered and natural features that provide environmental qualities and ecosystem value.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings.

Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]

Manufactured home. A structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]

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 (in-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 property appraiser.

Mooring structure means a boat dock, slip, davit, hoist, lift, floating vessel platform, mooring pile, or similar structure attached to land or to a seawall, to which a vessel can be moored.

New construction. For the purposes of administration of this article and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after November 24, 1972, and includes any subsequent improvements to such structures.

North American Vertical Datum (NAVD88) means the vertical control for datum of orthometric height established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988.

Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in F.S. § 320.01.]

Public nuisance means a condition injurious to the public health or safety of the community or neighborhood, or injurious to any considerable number of persons, or a condition that obstructs the free passage or use, in the customary manner, of any public right-of-way.

Recreational vehicle. A vehicle, including a park trailer, which is: [See F.S. § 320.01.]

(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.

Rip-rap means a foundation of unconsolidated boulders, stone, rubble, concrete without protruding rebar, or similar materials placed on or near a shoreline to mitigate wave impacts and prevent erosion.

Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Seawall means a vertical or near vertical (often interlocking) structure placed between an upland area and a waterway or waterbody for erosion control.

Seawall cap means a concrete box structure (usually reinforced) that connects seawall panels, piles, and anchoring system (if present) together at the top.

Shoreline means a tidally influenced area where land meets water.

Special flood hazard area. 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. [Also defined in FBC, B, Section 1612.2.]

Start of construction. The date of issuance of permits for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, [or] the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B, Section 1612.2.]

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 49 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B, Section 1612.2.]

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 49 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.]

(1)

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

(2)

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

Substantial repair or substantial rehabilitation means:

(1)

Any modification to the shoreline or a shoreline structure along more than 50 percent of the length of the property's shoreline; or

(2)

Any modification, alteration, or installation of an appurtenant structure (such as a mooring structure) that exceeds 50 percent of the cost of a tidal flood barrier along the property's shoreline.

Tidal flood barrier means any structure or shoreline feature including, but not limited to, banks, berms, green-grey infrastructure, seawalls, seawall caps, upland stem walls, or other infrastructure that impedes tidal waters from flowing onto adjacent property or public right-of-way, and located within or along a tidally influenced area. This definition is not meant to include rip-rap, derelict erosion control structures, or permeable earthen mounds that do not provide an impermeable water barrier to tidal flooding.

Tidally influenced area means the real property adjacent to, or affected by, a waterway with water level changes in response to the daily tide.

Variance. A grant of relief from the requirements of this article, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this article or the Florida Building Code.

Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016; Ord. No. 2020-030, § 1, 11-18-2020; Ord. No. 2021-022, § 2, 10-20-2021)

Cross reference— Definitions generally, § 1-2.

(a)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 8-74(c) of this article, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of section 8-87 of this article.

(b)

Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area:

(1)

Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322.

(2)

Minor structures and non-habitable major structures as defined in F.S. § 161.54 shall be designed and constructed to comply with the intent and applicable provisions of this article and ASCE 24.

(c)

Specific methods of construction and requirements. Pursuant to Broward County Administrative Provisions for the Florida Building Code, the following specific methods of construction and requirements apply.

(1)

Additional elevation (freeboard) for buildings in special flood hazard areas:

a.

Residential buildings. New construction and substantial improvement/substantial damage of residential buildings shall have the lowest floor, including basement, elevated to or above the elevation as required in the Florida Building Code or at least 18 inches above the highest point of the crown of road of all existing streets adjacent to the plot upon which all other buildings are located, whichever results in the highest elevation.

b.

Nonresidential buildings. New construction and substantial improvement/substantial damage of nonresidential buildings shall have the lowest floor, including basement, elevated or dry floodproofed to or above the elevation required in the Florida Building Code, Building or at least six inches above the highest point of the crown of road of all existing streets adjacent to the plot upon which all other buildings are located, whichever results in the highest elevation.

c.

Critical facilities buildings. New construction and substantial improvement/substantial damage of critical facilities buildings shall have the lowest floor, including basement, elevated or dry flood-proofed to or above the base flood elevation plus two feet, or the 500-year flood elevation, or at least 24 inches above the highest point of the crown of road of all existing streets adjacent to the plot upon which all other buildings are located, whichever results in the highest elevation.

(2)

Additional elevation of buildings outside the special flood hazard areas (i.e. zone X):

a.

Residential buildings. New construction of residential buildings shall have the lowest floor, including basement, elevated to eight inches or above the highest point of the crown of road of all existing streets adjacent to the plot upon which all other buildings are located.

b.

Nonresidential buildings. New construction of nonresidential buildings shall have the lowest floor, including basement, elevated or dry floodproofed to six inches or above the highest point of the crown of road of all existing streets adjacent to the plot upon which all other buildings are located, whichever results in the highest elevation.

c.

Critical facilities. New construction of critical facilities shall have the lowest floor, including basement, elevated or dry flood-proofed to or above the base flood elevation plus two feet, or the 500-year flood elevation, or at least 24 inches above the highest point of the crown of road of all existing streets adjacent to the plot upon which all other buildings are located, whichever results in the highest elevation.

(3)

Coastal A zone. The requirements for buildings in coastal high hazard areas (zone V) shall apply in coastal A zones and backfilled stem wall foundations and dry floodproofing are not permitted.

(4)

Non-conversion agreements. Applications for elevated buildings in coastal high hazard areas and coastal A zones that include enclosures below the elevated floors, and applications for accessory structures larger than 100 square feet, shall include a declaration of land restriction (non-conversion agreement).

(5)

Limitations on enclosed areas below elevated buildings. For buildings in special flood hazard areas, the following limitations apply to enclosed areas below elevated buildings:

a.

Access shall be the minimum necessary to allow for only parking of vehicles (garage door), limited storage of maintenance equipment in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator).

b.

The interior portion shall not be temperature controlled, partitioned, or finished into separate room.

(6)

Substantial damage and substantial improvement. In the Florida Building Code, Building and Florida Building Code, Existing Building, definitions for the terms "substantial damage" and "substantial improvement" shall be as follows:

a.

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 49 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B, Section 1612.2.]

b.

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 49 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.]

1.

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

(d)

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 special flood hazard areas (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.

(5)

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one foot.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016; Ord. No. 2021-022, § 2, 10-20-2021)

(a)

Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(2)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(b)

Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(1)

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats;

(2)

Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with section 8-75(b)(1) of this article; and

(3)

Compliance with the site improvement and utilities requirements of section 8-83 of this article.

(Ord. No. 2014-21, § 3, 6-4-2014)

(a)

Minimum requirements. All proposed new development shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(2)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(b)

Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

(c)

Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.

(d)

Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in section 8-75(c)(1) of this article demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(e)

Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (zone A only), fill shall comply with the requirements of the Florida Building Code.

(f)

Limitations on sites in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by section 8-75(c)(4) of this article demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with section 8-87(h)(3) of this article.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016)

(a)

General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this article. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Pursuant to section 17-25, no manufactured home shall be placed in a coastal high-hazard area, except in an existing manufactured home park or existing manufactured home subdivision. Manufactured homes shall comply with section 17-25.

(b)

Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that:

(1)

In flood hazard areas (zone A) other than coastal high hazard areas and coastal A zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this article.

(2)

In coastal high hazard areas (zone V) and coastal A zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this article.

(c)

Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.

(d)

Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential section R322.2 (zone A) or section R322.3 (zone V and coastal A zone).

(e)

Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential section R322 for such enclosed areas, as applicable to the flood hazard area.

(f)

Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential section R322, as applicable to the flood hazard area.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016; Ord. No. 2021-022, § 2, 10-20-2021)

(a)

Manufactured homes, recreational vehicles and park trailers required to be in mobile home parks. No manufactured home, recreational vehicle or park trailer shall be placed in the city except in a regularly licensed manufactured home park; however, such vehicles may be parked in a duly licensed garage for repairs, in a warehouse or garage for storage, or in or on a sales room or sales lot for manufactured homes, recreational vehicles, park trailers and/or motor vehicles, and when so parked for repairs, storage or for sale shall not be occupied for any purpose. Manufactured homes, recreational vehicles and park trailers shall comply with chapter 17 of this Code. Manufactured homes, recreational vehicles and park trailers placed temporarily in a regularly licensed manufactured home park located in a flood hazard area shall:

(1)

Be on the site for fewer than 180 consecutive days; or

(2)

Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

(b)

Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 8-85(a) of this article for temporary placement shall meet the requirements of section 8-84 of this article for manufactured homes.

(Ord. No. 2014-21, § 3, 6-4-2014)

(a)

Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.

(b)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of section 8-86(c) of this article shall:

(1)

Be permitted in flood hazard areas (zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

(2)

Not be permitted in coastal high hazard areas (zone V) and coastal A zones.

(c)

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to, and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.

(d)

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

(1)

At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

(2)

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016)

(a)

General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall:

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of section 8-83(d) of this article if located in a regulated floodway;

(3)

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

(4)

Be constructed of flood damage-resistant materials; and

(5)

Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.

(b)

Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 8-83(d) of this article.

(c)

Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 8-83(d) of this article.

(d)

Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 8-83(d) of this article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of section 8-75(c)(3) of this article.

(e)

Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be:

(1)

Structurally independent of the foundation system of the building or structure;

(2)

Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and

(3)

Have a maximum slab thickness of not more than four inches.

(f)

Decks and patios in coastal high hazard areas (zone V) and coastal A zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and coastal A zones decks and patios shall be located, designed, and constructed in compliance with the following:

(1)

A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck.

(2)

A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.

(3)

A deck or patio that has a vertical thickness of more than 12 inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures.

(4)

A deck or patio that has a vertical thickness of 12 inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection.

(g)

Other development in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:

(1)

Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

(2)

Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and

(3)

On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems.

(h)

Nonstructural fill in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones:

(1)

Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings.

(2)

Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.

(3)

Where authorized by the state department of environmental protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

(Ord. No. 2014-21, § 3, 6-4-2014; Ord. No. 2016-15, § 2, 8-17-2016)

(a)

Purpose and intent. The purpose of this article is to establish a consistent minimum elevation for tidal flood barriers that will:

(1)

Provide a standard for flood mitigation infrastructure that serves as a barrier to tidal flooding, not seepage, by accounting for water levels predicted under combined conditions of sea level rise, high tides, and high frequency storm surge through the year 2070; and

(2)

Ensure new shoreline structures and major shoreline improvements are designed for use as tidal flood barriers through application of consistent standards that account for future predicted tidal flood conditions and coastal water levels associated with sea level rise in accordance with current regional sea level rise projections, as updated and adopted by the county board of commissioners.

(Ord. No. 2020-030, § 2, 11-18-2020)

This article applies to all new tidal flood barriers, substantial repair or substantial rehabilitation to shorelines and shoreline structures, and the installation of any fixed infrastructure attached to tidal flood barriers (such as mooring structures). This article is not applicable to oceanfront beaches or shorelines seaward of the coastal construction control line.

(Ord. No. 2020-030, § 2, 11-18-2020)

(a)

All new or substantially repaired or substantially rehabilitated banks, berms, green-grey infrastructure, seawalls, seawall caps, upland stem walls, or other similar infrastructure shall be designed and constructed to perform as tidal flood barriers. Tidal flood barriers shall have a minimum elevation of five feet NAVD88. Applications for new or substantially repaired or substantially rehabilitated tidal flood barriers submitted prior to January 1, 2035, may be permitted a minimum elevation of four feet NAVD88, if designed and constructed to accommodate a minimum elevation of five feet NAVD88 by January 1, 2050.

(b)

All property owners must maintain a tidal flood barrier in good repair. A tidal flood barrier is presumed to be in disrepair if it allows tidal waters to flow unimpeded through or over the barrier and onto adjacent property or public right-of-way. Failure to maintain a tidal flood barrier in good repair shall be a citable offense. The owner of the tidal flood barrier shall demonstrate progress towards repairing the cited defect within 60 days after receiving a citation and shall complete repairs within 365 days after receipt of the citation. If the required repair or rehabilitation meets the substantial repair or substantial rehabilitation threshold, no later than 365 days after receipt of the citation, the property owner shall design, obtain permits, cause to be constructed, and obtain final inspection approval of seawall improvements that meet the minimum elevation and design requirements.

(c)

Tidal flood barriers below a minimum five feet NAVD88 elevation shall be improved, designed, and constructed so as to prevent tidal waters from impacting adjacent property or public right-of-way. Causing, suffering, or allowing the trespass of tidal waters onto adjacent property or public right-of-way is hereby declared a public nuisance and a citable offense requiring abatement. Side containment barriers shall be added as necessary by each seawall owner to maintain the rainwater within the owner's property. The owner shall demonstrate progress toward addressing the cited concern within 60 days after receipt of the citation and complete the construction of an approved remedy no later than 365 days after receipt of the citation.

(d)

Tidal flood barriers shall be designed and constructed to prevent tidal waters from flowing through the barrier, while still allowing for the release of upland hydrostatic pressure.

(e)

To the extent practicable, tidal flood barriers shall be designed and constructed to adjoin immediately proximate tidal flood barriers to close gaps and prevent trespass of tidal water.

(f)

All tidal flood barriers undergoing substantial repair or substantial rehabilitation shall be constructed along the property's entire shoreline.

(g)

All tidal flood barriers shall be constructed with natural limerock rip-rap, or other approved habitat enhancement, at the waterward face of the structure.

(h)

Property owners are encouraged to consider approaches and materials that enhance the biological value of traditional (flat surface) seawalls and flood barriers with the incorporation of living shoreline features, use of hybrid green-grey materials, and the use of biological forms, where practicable.

(i)

This section shall not be construed to require the installation of a seawall where, in the opinion of the city, other flood protection measures serve as an equally effective tidal flood barrier.

(j)

Tidal flood barriers capable of automatically being elevated in advance of high tides to prevent tidal flooding are permissible, provided that automation does not require daily human intervention.

(Ord. No. 2020-030, § 2, 11-18-2020)

All real property owners and purchasers shall abide by Section 39-408, Broward County Code of Ordinances, requiring disclosures in contracts for sale of real estate located in tidally influenced areas of the city.

(Ord. No. 2020-030, § 2, 11-18-2020)