Definitions

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Accessory use or structure. A use or structure customarily incidental and subordinate to the principal use or structure and, unless otherwise specifically provided, located on the same premises. "On the same premises" shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered part thereof, and not an accessory structure.

Addition. An extension or increase in floor area, number of stories, or height of a building or structure.

Base flood elevation (BFE). The flood having a one-percent chance of being equaled or exceeded in a given year. The elevation of surface water resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year. The BFE is shown on the flood insurance rate map (FIRM) for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE.

Basement. That portion of a building having its floor subgrade (below ground level) on all sides.

Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building. Any structure built for support, shelter, or enclosure for any occupancy or storage.

Building site. The ground area of a property occupied by buildings and other enclosed structures.

Coastal high hazard area. The area within the area of special flood hazard extending from offshore to the inland limit of a primary dune along an open coast and any other area that is subject to high-velocity wave action from storms or seismic sources and shown on a flood insurance rate map (FIRM) or other flood hazard map as velocity Zone V, VO, VE, or V1-30.

Crown of road (centerline). A line running parallel with the highway right-of-way which is one-half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the department of resilience and public works.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.

Drainage systems. The surface and subsurface system for the removal of water from or control of water on the land, including both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and man-made elements which include culverts, drains, ditches, channels, piping, drainage wells and storage facilities. Any system which collects, conveys, channels, holds, inhibits, diverts or treats stormwater from a given area either by drains, grading or other artificial or natural means thru the use of a drainage structure, including but not limited to a culverts, storm drains, stormwater retention or detention ponds with side slopes that must be stabilized by artificial means, French drains, or exfiltration trench/systems, which convey stormwater into the underlying soil.

Elevated building. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation, perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.

Existing construction. Any structure for which the "start of construction" commenced before September 29, 1972.

Existing manufactured home parks and subdivisions. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 29, 1972.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

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

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

Flood hazard area. The greater of the following two areas:

(1)

The area within a flood plain subject to a one-percent or greater chance of flooding in any year, or

(2)

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

Flood insurance rate map (FIRM). An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study. The official report provided by the Federal Emergency Management Agency containing the flood insurance rate map (FIRM), the flood boundary and floodway map (FBFM), the water surface elevation of the base flood, and supporting technical data.

Floodproofing. Structural and nonstructural additions, changes, or adjustments (other than elevating) to nonresidential structures, and utilities which reduce or eliminate flood damage to water supply and sanitary sewage facilities, structures and contents of buildings. Floodproofing includes, by way of illustration and not limitation, the following measures:

(1)

Anchorage to resist flotation and lateral movement.

(2)

Installation of watertight doors, bulkheads, and shutters, or similar methods of construction to protect against winds, wave action, or floodwaters.

(3)

Reinforcement of walls to resist water pressures.

(4)

Use of paints, membranes, or mortars to reduce seepage of water through walls.

(5)

Addition of mass or weight to structures to resist flotation.

(6)

Installation of sump pumps operating at permitted specification to remove water accumulated due to any passage of vapor and seepage of water during the flooding event.

(7)

Construction of water supply and wastewater treatment and disposal systems to prevent the entrance or infiltration of floodwaters.

(8)

Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

(9)

Construction to resist rupture or collapse caused by water pressure or flooding debris.

(10)

Installation of valves or controls of sanitary and storm drains which will permit the drain to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

(11)

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood.

(12)

Location of all main electrical and mechanical equipment, structures, storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to the public health, safety, and welfare in a manner which will assure that the facilities are situated to or above the base flood elevation, plus one foot of freeboard.

Freeboard. An additional amount of height above the base flood elevation used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed.

Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. The term only includes a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

Highest adjacent grade. The highest finished grade elevation of the ground surface next to the proposed walls of a structure. For purposes of the National Flood Insurance Program (NFIP) this term shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the department of the interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the secretary of the interior, or

b.

Directly by the secretary of the interior in states without approved programs.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

Mangrove stand. An assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia germinans); red mangrove (Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus erectus).

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value. The value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (like-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser or tax assessment value adjusted to approximate market value by a factor provided by the Miami-Dade County Property Appraiser.

Miami-Dade County flood criteria maps. The official maps of Miami-Dade County showing the required minimum finished grade elevation of the ground surface within a development site as adopted by the Board of County Commissioners and recorded in the official records of Miami-Dade County, as amended from time to time.

Minimum finished grade. The elevations established in the Miami-Dade County flood criteria maps at a specific development site or the crown of an existing adjacent road, whichever is higher.

NAVD 88. The North American Vertical Datum of 1988 is the vertical control datum established in 1991 by the minimum-constraint adjustment of the Canadian-Mexican-United States leveling observations which was affirmed in 1993 as the official vertical datum in the National Spatial Reference System ("NSRS") for the Conterminous United States and Alaska.

New construction. Any structure for which the "start of new construction" commenced on or after September 29, 1972.

Nonspecial flood hazard area (NSFHA). Area that is in a moderate-to-low risk flood zone (Zones B, C, X). A NSFHA is not in any immediate danger from flooding caused by overflowing rivers or hard rains.

Recreational vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Residential or residence. Any lot, plot, parcel, tract, area, piece of land or building used for family dwelling purposes or intended to be so used.

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

Special flood hazard areas. An area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

Start of construction. The date of permit issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement commences within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings, or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling); the installation of streets or walkways; excavation for a basement, footings, piers, or foundations; or the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building that is principally aboveground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cumulative cost of which equals or exceeds, over a two-year period, 50 percent of the market value of the structure before the improvement or repair is started. However, the accumulation period for a substantial improvement within a coastal high hazard area shall be five years. If the structure has sustained substantial damage, any repairs are considered substantial Improvement regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

(2)

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

Variance. A grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

(Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)