§ 11C-2. Definitions.

In construing the provisions of this chapter, where the context will permit and no definition is provided herein, the definitions provided in Chapter 403, Florida Statutes, as may be amended from time to time, and in the rules and regulations promulgated thereunder, as may be amended from time to time, shall apply. The following words and phrases when used in this chapter shall have the meanings ascribed to them in this section.

(a)

Accessory building shall mean a secondary residence, garage, or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include a guest house or servants' quarters unless prohibited by existing deed restrictions or any applicable governmental regulation.

(b)

Addition (to an existing building) shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

(c)

Area of shallow flooding shall mean a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one (1) percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(d)

Area of special flood hazard shall mean the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.

(e)

Base flood shall mean a flood having a one (1) percent chance of being equalled or exceeded in any given year.

(f)

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

(g)

Below grade facilities shall mean off-street parking facilities constructed underground and other similar types of below grade areas within a building which are not habitable areas and, containing neither electrical nor mechanical equipment, are not considered habitable.

(h)

Breakaway walls shall mean any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material, which are not a part of the structural support of the building and which are intended through their design and construction to collapse under specific lateral loading forces caused by abnormally high tides or wave action, without causing damage to the elevated portion of the building or the supporting foundation system or any other building to which they might be carried by floodwaters. A breakaway wall shall have a design-loading capacity of not less than ten (10) pounds per square foot and no more than twenty (20) pounds per square foot.

(i)

Building site shall mean the ground area of a property occupied by buildings and other enclosed structures.

(j)

Coastal high hazard area shall mean the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone VI-30, VE or V.

(k)

Crown of road (center line) shall mean a line running parallel with the highway right-of-way which is half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the Department of Public Works.

(l)

Miami-Dade County Flood Criteria Maps shall mean those official maps of Miami-Dade County showing the required minimum finished grade elevation of the ground surface within a development site and as adopted by the Board of County Commissioners and recorded in Plat Book 120 at Page 13-1, 13-2, 13-3, 13-4 and 13-5 of the Public Records of Miami-Dade County, as the same may be amended from time to time.

(m)

Development shall mean 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.

(n)

Elevated building shall mean a nonbasement 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.

(o)

Existing manufactured home park or subdivision shall mean 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 June 18, 1974, the effective date of Miami-Dade County's adoption of floodplain management regulations.

(p)

Expansion to an existing manufactured home park or subdivision shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

(q)

Finished grade as applied to a development site shall mean the established final elevation after filling or grading of the ground surface at a certain point within a development site.

(r)

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of streams, rivers, or other inland water, or (2) abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes, or tsunamis.

(s)

Floodproofing shall mean 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 may be permitted in large residential structures such as condominiums provided it is limited to electrical and utility rooms only. Floodproofing includes, by way of illustration, 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 flood waters.

(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 pumps to lower water levels in structures.

(7)

Construction of water supply and waste water treatment and disposal systems to prevent the entrance or infiltration of flood waters.

(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 drains to be closed to prevent backup of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

(11)

Location of all electrical equipments, 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 any structure, 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 at elevations above the height associated with the regulatory protection elevation or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters.

(t)

Flood hazard boundary area shall mean an area within an official map of the community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

(u)

Flood insurance rate map (FIRM) shall mean 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.

(v)

Flood insurance study shall mean the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

(w)

Floodway shall mean the channel of a river or other 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 (1) foot.

(x)

Floor shall mean the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

(y)

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

(z)

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

(aa)

Historic structure shall mean any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

(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.

(bb)

Lowest floor shall mean 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 buildings's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 60.3 of 44 CFR Ch. I (10-1—88 Edition).

(cc)

Mangrove stand shall mean an assemblage of mangrove trees which consists of one (1) or more of the following species: Black mangrove ( Avicennia germinans); red mangrove ( Rhizophora mangle); white mangrove ( Languncularia racemosa); and buttonwood ( Conocarpus erecta) .

(dd)

Manufactured home park or manufactured home subdivision shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

(ee)

Manufactured home (trailer) shall mean 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." However, park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer shall be regulated as manufactured homes.

(ff)

Mean sea level shall mean the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).

(gg)

Minimum finished grade shall mean the elevation 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.

(hh)

National Geodetic Vertical Datum (NGVD) ( as corrected in 1929) shall mean a vertical control used as a reference for establishing varying elevations within the floodplain.

(ii)

New construction shall mean a structure for which the "start of new construction" commenced on or after the effective date of the first Floodplain Management Regulation adopted by the County (June 18, 1974). The term includes any subsequent improvement to the structure.

(jj)

New manufactured home park or new manufactured home subdivision shall mean 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 grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by Miami-Dade County, June 18, 1974.

(kk)

Physical start shall mean the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure.

(ll)

Recreational vehicle shall mean a vehicle which is:

(1)

Built on a single chassis; and

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projections; and

(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.

(mm)

Regulatory flood (also herein referred to as the one-hundred-year flood) shall mean the level of flooding that, on the average, is likely to be equalled or exceeded once in any one-hundred-year period (i.e., that has a one (1) percent chance of occurring in any year).

(nn)

Residential or residence shall mean any lot, plot, parcel, tract, area, piece of land or building used exclusively for family dwelling purposes or intended to be so used, including concomitant uses as specified in Chapter 33, Code of Metropolitan Miami-Dade County, Florida.

(oo)

Sand dunes shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

(pp)

Start of new construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)) shall mean the date the building permit was issued provided that physical start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the building permit date.

(qq)

Structure shall mean a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

(rr)

Substantial damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred unless another method of computation under certain stated conditions is approved or authorized by the Federal Emergency Management Administration.

(ss)

Substantial improvement shall mean any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during a six-month period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. However, the accumulation period for a substantial improvement within any coastal building zone, as defined by Section 161.54(1), Florida Statutes, shall be five (5) years. The market value of the structure shall be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which incur substantial damage regardless of actual work performed. The term does not include either:

(1)

Any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely 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.

(tt)

Substantially improved existing manufactured home, park or subdivision shall mean when the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

(uu)

Variance is 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. 87-75, § 1, 11-3-87; Ord. No. 92-150, § 1, 12-1-92; Ord. No. 93-42, § 1, 5-18-93)