Design

(a)

Design analysis. Responsibility for proper design rests with the engineer who prepares the plans. Each improvement shall be designed to support all loads that may come upon it, to withstand the forces of water, wind and usage; and to meet the specific requirements of the building department and/or department of resilience and public works for location, elevation, and construction.

(1)

General. Any improvement, bulkhead, seawall, pier, wharf, dock, groin, cut, marine, railway or other related structure included in this article shall admit of rational analysis in accordance with well-established principles of mechanics and sound engineering practices, and without exceeding the allowed stresses for the various materials as specified in the Florida Building Code.

(2)

Bulkheads and seawalls. Bulkheads and seawalls and all parts thereof must be designed to support the estimated or actual imposed load, either dead, live or any other, both during construction and after the completion of such bulkhead or seawall. Seawalls, bulkheads, and any other shoreline protection structures or elements shall be designed and built in a substantially impermeable manner pursuant to the current department of resilience and public works' design and construction standards to prevent water from flowing through or over the seawall/shoreline protection while still allowing for the release of hydrostatic pressure from the upland direction. The elevation of the top of a bulkhead must comply with the current minimum finished elevation requirements as set by the department of resilience and public works. In cases where the proximity of an existing structure/building or functional requirement prevents the ability of an existing bulkhead or seawall to be raised to current minimum finished elevation requirements, an alternate method of constructing a wall or other substantially impermeable protection structure/element may be proposed to and considered for acceptance by the department of resilience and public works pursuant to the variance process outlined in subsection 29-89(a)(6) of the City Code. Any alternative to constructing a bulkhead or seawall at the current property/shoreline interface must be designed for and constructed on the same property fronting the shoreline in a manner and location that prevents flooding from tidal waters to adjacent properties and the public right-of-way.

(3)

Terrace-type wall. Subject to certain types of conditions of the site or location of the improvement, step-type bulkheads or terrace-type walls will be permitted.

(4)

Waterfront properties. For all tidally-influenced areas and waterfront properties, except those fronting the Miami River and its tributaries, the top elevation of seawalls, bulkheads, living shorelines, or other shoreline protection structures or elements shall be constructed to a minimum elevation of six feet NAVD 88. The top elevation of new seawalls, bulkheads, living shorelines or other shoreline protection structures or elements fronting the Miami River or its tributaries shall be constructed to a minimum elevation of four feet NAVD 88 with the same being designed and constructed with the ability to be incrementally raised a minimum of two feet above their initial designed and constructed elevation to mitigate high tide flooding associated with realized and additional sea level rise through the year 2070. An application for a permit required by this article shall be accompanied by a proposed plan for incremental improvements through the year 2070 demonstrating the ability for the permitted improvement to be incrementally raised through 2070 as well as appropriate modification details, to include load calculations, demonstrating the capability of being raised a minimum of two feet above the minimal elevations. All such structures or elements must be designed and constructed in accordance with the department of resilience and public works' design and construction standards. This criteria applies to new construction or when substantial improvements to a property are performed. This subsection is not to be interpreted to impair the obligation of contracts, including without limitation, restrictive covenants or deed restrictions, under the Constitution of the state.

(5)

Substantial repairs/improvements of seawalls and bulkheads. Seawall and bulkhead improvements meeting the substantial repair threshold at the time of permit application must meet the requirements of subsection 29-89(a)(4) of the City Code and the department of resilience and public works' current design and construction standards and minimum finished elevation requirements for the length of the property. For the purposes of this section, the substantial repair threshold shall be defined as any seawall or bulkhead repair consisting of 50 percent or more of the current length of the existing barrier, any repairs that are 50 percent or more of the cost of a new seawall or bulkhead along the length of the existing barrier or property shoreline, or any improvement to the seawall or bulkhead which results in an elevation change along 50 percent or more of the length of the structure.

(6)

Requests for finished elevation variance. Property owners may request a variance to the following:

a.

The requirement that seawalls, bulkheads, living shorelines, and other shoreline protection structures be elevated to the current minimum elevation requirements in subsection 29-89(a)(4) of the City Code by using an alternative method of construction pursuant to subsection 29-89(a)(2) of the City Code;

b.

The requirement for incremental raising of seawalls, bulkheads, living shorelines, and other shoreline protection structures be able to be incrementally raised, including furnishing the required report demonstrating the same pursuant to subsection 29-89(a)(4); and/or

c.

The requirement that that seawalls, bulkheads, living shorelines, and other shoreline protection structures be elevated to the current minimum elevation requirements in subsection 29-89(a)(4) of the City Code by using an alternative method of construction pursuant to subsection 29-89(a)(2) of the City Code for single-family homes to ensure the safe dockage of boats.

Said variances may be granted due to extenuating conditions or circumstances peculiar to their properties provided the property owner can demonstrate that a proposed new or reconstructed seawall, bulkhead, living shoreline, or other shoreline protection structure/element is capable of preventing flooding of the public right-of-way or the neighboring public or private properties despite issuance of the variance. The city manager's designee may consider such request for a variance and impose such conditions as needed to prevent any potential present or future adverse effects from the granting of the same. A variance, if approved, does not absolve a property owner from responsibility to prevent tidal waters from flowing overland or through the above-mentioned improvements to adjacent properties or the public right-of-way pursuant to section 29-95 of the City Code.

The denial of any variance may be appealed within 30 days after receipt of written request from the applicant to a review committee which shall be comprised of the director of the department of resilience and public works, the director of the department of planning, the director of the department of building, and an assistant city manager. The applicant shall have the right to present its position to the review committee which shall review the city manager's designee's denial of the variance. The committee, by a three-fourths vote, shall either affirm the city manager's designee's denial of the variance or reverse the decision. The committee shall, in determining whether city manager's designee's denial was reasonable, determine if the denial of the variance was necessary to meet the intent of the article. If the review committee votes to reverse the decision of the city manager's designee and grant the variance, the review committee may impose any conditions necessary to meet the intent of this article in the same manner in which the city manager's designee could have had the variance been initially approved. The decision of this committee, which shall be rendered within 30 days after conclusion of the hearing, shall be final.

(b)

Lateral support from fills. No fill deposited as a berm on the water side of the bulkhead shall be considered as offering any lateral support to the bulkhead, without approval by the building department.

(Code 1967, § 27-29; Code 1980, § 29-49; Ord. No. 12926, § 2, 6-14-07; Ord. No. 12959, § 2, 1-10-08; Ord. No. 13315, § 2, 3-8-12; Ord. No. 13980, § 3, 3-25-21)