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HomeMy Public PortalAbout1993-02 Amending the code, adding a new chapter entitled Flood Damage PreventionORDINANCE NO. 93-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE BY ADDING A NEW CHAPTER ENTITLED "FLOOD DAMAGE PREVENTION"; PROVIDING FOR STATUTORY AUTHORITY AND LEGISLATIVE FINDINGS; PROVIDING AN INTENT AND PURPOSE; PROVIDING OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING GENERAL PROVISIONS; PROVIDING ADMINISTRATIVE PROCEDURES AND STANDARDS; PROVIDING FOR FLOOD HAZARD REDUCTION; PROVIDING FOR VARIANCES AND APPEALS; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne is located in an area highly susceptible to Flooding; WHEREAS, the Village Council has determined that it is in the best interest of the residents of the Village of Key Biscayne to establish regulations on the development of land to reduce the risk of Flood damage to improvements and structures located in the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Code of the Village of Key Biscayne is hereby amended by adding a new chapter which shall read as follows: Chapter Flood Damage Prevention Sec. 1. Short Title. This Chapter shall be known as the Flood Damage Prevention Chapter. Sec. 2. Statutory Authority and Legislative Findings. A. The Legislature of the State of Florida has in Chapter 166 and 163 Florida Statutes, granted the authority and responsibility to local governmental units, including the Village, the power to adopt regulations designed to promote the public health, safety and general welfare, as well as to adopt development regulations controlling the use of land. B. The flood hazard areas of the Village are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for Flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. C. These Flood losses are caused by the cumulative effect of obstructions in Floodplains causing increases in Flood heights and velocities, and by the occupancy in Flood hazard areas by uses vulnerable to Floods or hazardous to other lands which are inadequately elevated, Flood -Proofed, or otherwise unprotected from Flood damages. Sec. 3. Intent and Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize public and private losses due to Flood conditions in specific areas by provisions designed to: A. restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in Flood heights or velocities; B. require that uses vulnerable to Floods, including facilities which serve such uses, be protected against Flood damage at the time of initial construction or Substantial Improvement; C. control the alteration of natural Floodplains, stream channels, and natural protective 2 barriers which are involved in the accommodation of Flood waters; D. control filling, grading, dredging and other Development which may increase erosion or Flood damage, and; E. prevent or regulate the construction of Flood barriers which will unnaturally divert Flood waters or which may increase Flood hazards to other lands. Sec. 4 Objectives The objectives of this Chapter are: A. to protect human life and health; B. to minimize expenditure of public money for costly Flood control projects; C. to minimize the need for rescue and relief efforts associated with Flooding and generally undertaken at the expense of the general public; D. to minimize prolonged business interruptions; E. to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in Floodplains; F. to help maintain a stable tax base by providing for the sound use and development of Flood Prone Areas in such a manner as to minimize Flood blight areas; G. to insure that potential home buyers are notified that property is in a Flood area; and H. to comply with the requirements of the National Flood Insurance Program so as to ensure the availability of Flood insurance for residents and property owners. Sec. 5. 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 3 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 Structure shall mean a non -habitable, garage, or other Building or Structure on a lot or parcel subordinate to an not forming an integral part of the main or principal Building but pertaining to the use of the main Building. B. Area of Special Flood Hazard shall mean the land in the Floodplain within a community subject to a one percent or greater chance of Flooding in any given year. C. Base Flood Elevation means the elevation for which there is a one percent chance in any given year that Flood levels will equal or exceed it. The Base Flood Elevations are indicated on the Village FIRM. D. Base Flood shall mean a Flood having a one percent chance of being equaled or exceeded in any given year. E. Basement shall mean that portion of a Building having its Floor subgrade (below ground level) on all sides. F. Breakaway Wall shall mean any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material, which is not a part of the structural support of the Building and which is intended through 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 or any other Building to which they might be carried by Flood waters. G. Building shall mean any Structure built for support, shelter or enclosure for any occupancy or storage. H. Coastal High Hazard Area shall mean an Area of Special Flood Hazard extending from off -shore to the inland limit of a primary frontal dune along an open coast and any other 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. 4 I. Development or Development Activity shall mean any man-made 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. J. Development Permit means any building permit, zoning permit, subdivision approval, rezoning, recertification, special exception, variance or any other official action of the Village having the effect of permitting the Development of land. K. Elevated Building means 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) or shear walls. L. 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; or (3) the unusual and rapid accumulation of run-off of surface water from any source. M. Flood -Plain or Flood -Prone Area means any land area susceptible to being inundated by water from any source. N. Floodproofing shall mean any combination of structural and nonstructural additions, changes, or adjustments (other than elevating) to Structures which reduce or eliminate Flood damage to real estate or improved real property, water supply and sanitary sewage facilities, Structures, and their contents. Floodproofing includes by way of illustration, not limitation, the following measures: (1) Anchorage to resist flotation and lateral movement. 5 (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) Locate 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 Base Flood. (12) Locate any Structure, storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous 6 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. 0. Flood Hazard Boundary Map means an official map of the Village, issued prior to the FIRM by the Federal Emergency Management Agency, where the boundaries of the Areas of Special Flood Hazard have been identified. P. 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. Q. Flood Insurance Study shall mean the official report provided by the Federal Emergency Management Agency. The report contains Flood profiles, as well as the water surface elevation of the Base Flood. R. 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. S. Functionally Dependent Structure shall mean a Structure 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. T. Historic Building or Structure shall mean any Structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the 7 requirements for individual listing on the National Register; or (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; 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. U. 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 Building'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 this Chapter. V. Mangrove Stand shall mean an assemblage of mangrove trees which consist of one or more of the following species: black mangrove (Avicennia Germinans); red mangrove (Rhizophora Mangle); white mangrove (Languncularian Racemosa) and buttonwood (Conocarpus Erecta). W. 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 8 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. X. Mean Sea Level shall mean 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) (as corrected in 1929), which means a vertical control used as a reference for establishing varying elevations within a Flood -Plain. Y. New Construction shall mean any Structure for which the Start Of Construction commenced on or after the effective date of this Chapter. The term also includes any subsequent improvements to the Structure. Start of Construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348)), includes Substantial Improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a Building (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 and/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 Structures, 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. Z. 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 9 site grading or the pouring of concrete pads) is completed on or after the effective date of this Chapter. AA. Recreational Vehicle shall mean a vehicle which is: (1) built on a single chassis; and (2) 400 square feet or less when measured at the largest horizontal projection; 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. BB. 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 the prevailing land development regulations of the Village. CC. Sand Dunes shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. DD. 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. EE. Substantial Damage shall mean 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. FF. Substantial Improvement shall mean any combination of additions, rehabilitation, reconstruction, alteration, or other improvements to a Structure, taking place during a one (1) year period in the "A" zones and a five (5) year period in the "V" zones, in which the cumulative cost equals or exceeds 50 percent of the market value of the Structure. The market value of the Structure shall be the appraised value of the Structure prior to the start of the initial work. 10 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 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 for which a Variance has been granted pursuant to this Chapter; or (3) Repairs for damage from any origin which are determined to be less than Substantial Damage. GG. 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. HH. Village shall mean the Village of Key Biscayne. II. Violation shall mean the failure of a Structure or other Development to be fully compliant with the provisions of this Chapter. Sec. 6. General Provisions. A. Lands To Which This Chapter Applies. This Chapter shall apply to all areas of the Village. B. Basis For Establishing The Areas of Special Flood Hazard. The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study and Flood Insurance Rate Map, for Dade County, Florida dated January 20, 1993, with accompanying maps and other supporting data, and 11 any revision thereto, are adopted by reference and declared to be a part of this Chapter. All lands within the Village are within an Area of Special Flood Hazard. C. Development Permits Required. A Development Permit shall be required in conformance with the provision of this Chapter prior to the commencement of any Development Activities. D. Compliance. No Development Activity shall occur without full compliance with the terms of this Chapter and other applicable regulations. E. Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. Interpretation. In the interpretation and application of this Chapter 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. G. Warning and Disclaimer of Liability. The degree of Flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger Floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from Flooding or Flood damages. This Chapter shall not create liability on the part of the Village or by any officer or employee thereof for any Flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. 12 H. Penalties for Violation Violation of the provisions of this Chapter or failure to comply with any of its requirements, including Violation of conditions and safeguards established in connection with grants of a Variance shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, 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 herein contained shall prevent the Village from taking such other lawful actions as are necessary to prevent or remedy any Violation. Sec. 7 Administration. A. Designation of Local Administrator The Village Manager or his designee is hereby appointed to administer and implement the provisions of this Chapter. Whenever the term Village Manager is used in this Chapter, it is intended to include any designee. B. Permit Procedures for Building Construction. Application for a Development Permit for constructing or Substantially Improving a Structure shall be made to the Village Manager on forms furnished by the Village Manager's office prior to any Development Activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed Structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application Stage. (a) Elevation in relation to Mean Sea Level of the proposed Lowest Floor, or the lowest surface of any heating or air conditioning duct work installed below the Lowest Floor, or the lowest horizontal supporting member in a Coastal 13 High Hazard Area (V -Zone), of all proposed Buildings or Substantial Improvements; (b) Elevation in relation to Mean Sea Level to which any proposed Building or Substantial Improvement, not located in a Coastal High Hazard Area (V -zone), will be Flood -Proofed; (c) Signed, sealed certificate, separate from the submitted plans, from a registered professional engineer or architect that the Flood -Proofed Building will meet the Flood -Proofing criteria in this Chapter; (d) Signed, sealed certificate, separate from the submitted plans, from a registered professional engineer or architect that a new or Substantially Improved Building located in the Coastal High Hazard Area (V -Zone) will meet the construction standards contained in Sec. 8.C.; (e) Description of the extent to which any watercourse, swamp, marsh, lake, or pond will be altered, relocated, or created as result of proposed construction, and; (f) Description of the type, extent, and depth of proposed fill and the elevation in relation to Mean Sea Level of the top surface of the fill, and; (g) Description of the type, extent, and depth of proposed excavation in relation to Mean Sea Level. (h) Plot plan, to scale, illustrating the locations of all proposed construction, fill, excavating, and other aspects of the Development. ( i ) Copy of the proposed stormwater management report and Floodplain study, if any, complete with technical supporting data. (j) Grading and drainage plans. (k) Upon request, stormwater management plans. 14 (2) Construction Stage. Floor elevation or Flood - Proofing certifications. (a) Upon placement of the Lowest Floor, or, in the Coastal High Hazard Areas (V - zones) upon placement of the horizontal structural members of the Lowest Floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Village Manager a certification of the elevation of the top of the Lowest Floor, or the lowest surface of any heating or air conditioning duct work installed below the Lowest Floor, or the elevation of the lowest portion of the horizontal structural members of the Lowest Floor, whichever is applicable, as built, in relation to Mean Sea Level. Said certification shall be made on a FEMA Elevation Certificate form No.81-31, or a form containing at least the same information, and shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. (b) When Flood -Proofing is utilized for a Building, the permit holder shall submit to the Village Manager a Flood -Proofing certification at the time the exterior walls are completed to the required Flood -Proofed elevation. Said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same, utilizing the FEMA Floodproofing Certificate form No.81-65, or the equivalent. (c) Any additional work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. (d) The Village Manager shall review the floor elevation survey data or Flood - Proofing certification submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. 15 (e) Failure to submit the elevation or Flood - Proofing certifications or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project. (f) Prior to issuance of a certificate of occupancy for New Construction or Substantial Improvement in the Coastal High Hazard Area (V -Zones), the permit holder shall submit a signed, sealed certificate, separate from the submitted plans, from a registered professional engineer or architect certifying that the Building has been constructed in compliance with the standards contained in Sec. 8.C. A certificate of occupancy will not be issued until this certification has been received and accepted by the Village Manager. C. Duties and Responsibilities of the Local Administrator Duties of the Village Manager, as the local administrator of this Chapter, shall include, but not be limited to: (1) Review all applications for Development Permits to assure that the permit requirements of this Chapter have been satisfied; (2) Advise permittees that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the Development Permit. (3) Verify and record the actual elevation (in relation to Mean Sea Level) of the Lowest Floor of all new or Substantially Improved Buildings, in accordance with Sec. 8.B(1). (4) Verify and record the actual elevation (in relation to Mean Sea Level) to which the new or Substantially Improved Buildings have been elevated or Flood -Proofed, in accordance with Sec. 8.B(2). 16 (5) In Coastal High Hazard Areas, requiring permittees to provide certification from a registered professional engineer or architect that the Building is designed and securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash, in compliance with Sec. 8.C(2)(3)(4). (6) In Coastal High Hazard Areas, the Village Manager shall review plans for adequacy of Breakaway Walls in accordance with Sec. 8.C(8), (9) and (10). (7) When Flood -Proofing is utilized for a particular Building, the Village Manager shall obtain certification from a registered professional engineer or architect, in accordance with this Chapter. (8) The office of the Village Manager shall serve as the official map repository for FEMA Flood Insurance Rate Maps, Flood Boundary and Floodway Maps (if applicable), and Flood Hazard Boundary Maps for the community, together with Letters of Map Amendment (LOMAs) and Letters of Map Revision (LOMRs). At least one copy of all current and superseded maps, LOMAs and LOMRs shall be maintained for public use and viewing. (9) All records pertaining to the provisions of this Chapter shall be maintained in the office of the Village Manager and shall be open for public inspection. Copies of all Development Permits and summary supporting documentation shall be filed by geographic area for ease of coordinating all Floodplain Development Activities. Sec. 8 Provisions for Flood Hazard Reduction. A. General Standards. In all Areas of Special Flood Hazard the following provisions are required: (1) New Construction and Substantial Improvements shall be anchored to prevent flotation, collapse or lateral movement of the Structure; 17 (2) Manufactured Homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. New Construction and Substantial Improvements shall be constructed with materials and utility equipment resistant to Flood damage; New Construction or Substantial Improvements shall be constructed by methods and practices that minimize Flood damage; Electrical, heating, ventilation, plumbing, air conditioning equipment, including duct work, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of Flooding. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of Flood waters into the system; New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of Flood waters into the systems and discharges from the systems into Flood waters; (8) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during Flooding; (9) Any alteration, repair, reconstruction or improvement to a Building which is in compliance with the provisions of this Chapter, shall meet the requirements of New Construction as contained in this Chapter. (10) Adequate drainage paths shall be provided around Structures to guide stormwater runoff away from them; (11) Any improvements made to new or Substantially Improved Buildings for which permits were issued on or after December 31, 1974 shall 18 conform to the requirements for New Construction under this Chapter. (12) Functionally Dependent Structures and any improvements to Historic Buildings may be exempted from one or all of the standards contained in this Chapter, provided the request for an exemption is approved as a Variance, as provided in this Chapter, and with regard to Historic Buildings the proposed improvements are certified by a certified local government or the State Historic Preservation Officer as maintaining the historical integrity and classification of the Building. B. Specific Standards for A -zone Flood Hazard Areas. In all Areas of Special Flood Hazard, areas denoted with an "A" prefix on the FIRM where Base Flood Elevation data have been provided, as set forth in Sec. 6.B, the following provisions are required, in addition to the general standards of Sec. 8.A. (1) Residential Construction. New Construction or Substantial Improvement of any Residential Building (or Manufactured Home) shall have the Lowest Floor, together with all mechanical and electrical equipment, including duct work, and including any basement, elevated no lower than the Base Flood Elevation . Should solid foundation perimeter walls be used to elevate a Structure, openings sufficient to facilitate the unimpeded movements of Flood waters shall be provided in accordance with standards of Sec. 8.B(3). The floor of an attached garage may be placed below the Base Flood Elevation, provided the openings required in Sec. 8.B(3) are installed and all mechanical and electrical equipment, including laundry facilities and food freezers, are elevated above the Base Flood Elevation. (2) Non -Residential Construction. New Construction or Substantial Improvement of any commercial, industrial, or non-residential Building shall have the Lowest Floor, together with all mechanical and electrical equipment, including duct work, and including any Basement, elevated no lower than the Base Flood Elevation. The floor of an attached garage or loading dock may be placed below the 19 Base Flood Elevation, provided the openings required in Sec. 8.B(3) are installed and all mechanical and electrical equipment are elevated above the Base Flood Elevation. Buildings may be Flood -Proofed to an elevation one foot above the required Base Flood Elevation noted above, in lieu of being elevated, provided that all areas of the Building below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Sec. 7.C(4). (3) Elevated Buildings. New Construction or Substantial Improvements of Elevated Buildings that include fully enclosed areas formed by foundation and other exterior walls below the Base Flood Elevation shall be designed to preclude finished living space and shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic Flood forces on exterior walls. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (1) Provide a minimum of two openings (in walls or doors) having a total net area of not less than one square inch for every square foot of enclosed area subject to Flooding; The bottom of all openings shall be no higher than one foot above grade; and, Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both direction. 20 (b) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (d) Use of such enclosed areas shall be limited to parking, storage, and Building access. (4) Manufactured Homes and Recreational Vehicles. (a) All Manufactured Homes placed within the Village must meet all the requirements for New Residential Construction contained in this Chapter, including installation on permanent foundation systems, elevation, and anchoring. At minimum, a permanent foundation system shall constitute reinforced piers placed on poured footings, or other foundation elements of equivalent strength. Any additions to Manufactured Homes subject to provisions of this subsection shall also be considered New Construction and must therefore comply with the requirements of this Chapter, including elevation requirements. (b) All Recreational Vehicles placed on sites must either: Be fully licensed and ready for highway use, or The Recreational Vehicle must meet all the requirements for New Construction, including anchoring and elevation requirements of this Chapter. A Recreational Vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached Structures. 21 (5) Accessory Structures. Accessory Structures may be exempted from the elevation requirement of Sec. 8.B, provided the following criteria are met: (a) The Structure is not used for human habitation, including occupancy as a workplace for extended periods of time; (b) The Structure is designed and constructed so as to have a low potential for damage during a Flood (eg. using flood resistant materials as provided in FEMA Technical Bulletin #88-2, and any subsequent revisions thereto); (c) The Structure shall be located so as to offer the minimum resistance to the flow of floodwaters (eg. parallel to a stream, perpendicular to the ocean); (d) The Structure is firmly anchored to prevent flotation, per Sec. 8.A(1); (e) All electrical service, heating/cooling equipment, and other mechanical or electrical equipment is either elevated above the Base Flood Elevation, or is Floodproofed. One ground -fault interrupt circuit may be installed below the Base Flood Elevation, and all construction below that elevation shall be of flood - resistant materials. (6) Temporary Structures. Certain types of structures (eg. fruit stands, construction site offices) may be sited temporarily on property without having to comply with the General Standards of Sec. 8.A, or the elevation standard of Sec. 8.B, provided the following criteria are met: (a) The Structure is mobile, or can be made so, and is capable of being removed from the site with a minimum of thirty-six (36) hours warning. (b) The Structure does not have an approval to remain on the property for more than 180 days. 22 (c) The applicant submits a plan for the removal of the Structure, containing the following documentation: (i) The name, address, phone number and emergency contact point of the individual responsible for the removal of the Structure. (ii) The time at which the Structure will be removed (ie. a minimum of 72 hours in advance of the projected landfall of a hurricane). (iii) A copy of a contract or other suitable instrument with a trucking company to ensure the availability of removal of the Structure when needed, together with the name, address, and emergency phone number of the responsible trucking company agent. (iv) Designation, accompanied by documentation (eg. signed consent of the property owner), of a site outside the Village to which the Structure will be moved. (v) Signatures of the applicant, property owner on which the Structure will be placed, and owner of the Structure, agreeing to abide by the terms of the removal plan. A temporary development permit shall be issued when a temporary Structure is approved, and the expiration date shall be clearly marked on the face of the permit. The original copy of the removal plan shall be attached to the permit, and the documentation shall be kept on file in the Village Manager's office. A copy of the permit, together with the removal plan, shall be provided by the owner to the local emergency management coordinator. C. Standards for Coastal High Hazard Areas (V Zones). Located within the Areas of Special Flood Hazard are areas designated as Coastal High Hazard Areas, which are denoted with a "V" prefix on the FIRM. These areas, called "velocity zones", have special Flood hazards associated with wave action, therefore, the following provisions shall apply: 23 (3) (1) Building location. All Building shall be located in conformance with the requirements of the State of Florida Coastal Zone Protection Act of 1985. (2) Elevated Buildings. All Buildings shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns), together with all mechanical and electrical equipment, including duct work, is located no lower than the Base Flood Elevation, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Sec. 8.C(8); Piling or column foundations. All Buildings or Structures shall be securely anchored on pilings or columns extending vertically below grade a sufficient depth below the zone of potential scour and securely anchored to subsoil strata; (4) Anchoring and connection requirements. All pile and column foundations and Structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all Building components. Proper structural anchoring shall include a complete system of adequately -sized, galvanized metal connectors securely fastening the various structural subsystems of the Building together, from the roofing and ridge down to the pilings, to resist wind damage. Water loading values shall equal or exceed the Base Flood. Wind loading values shall be in accordance with the South Florida Building Code, and any subsequent revisions thereto. (5) Certification of design. At time of application for a permit, a registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Sec. 8.C(2), (3) and (4) of this Chapter, and shall cite the parameters and variables used in developing the design, including wind loading values, 24 water loading values, depth of potential scour zone, and subsoil strata characteristics. (6) Ban on use of structural fill. There shall be no fill used as structural support. Limited non -compacted fill may be used around the perimeter of a Building for landscaping/ aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the Building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The Village Manager shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been fully considered: (a) Particle composition of fill material does not have a tendency for excessive natural compaction; (b) Volume and distribution of fill will not cause wave defection to adjacent properties; and (c) Slope of fill will not cause wave run-up or ramping. (7) Protection of Sand Dunes and Mangrove Stands. There shall be no alteration of Sand Dunes or Mangrove Stands which would increase potential Flood damage. (8) Enclosures below Base Flood Elevation. Lattice work or decorative screening shall be allowed below the Base Flood Elevation provided they are not part of the structural support of the Building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the Building on which they are to be used. Solid, non -supporting, Breakaway Walls may also be used, but only for purposes of enclosing and securing access to upper floors (foyer for staircase or elevator) and for secured storage and vehicle parking. The solid Breakaway Walls shall have a safe design loading resistance of not less than ten (10) and not more than twenty (20) pounds per square foot. 25 (9) Use of enclosed areas. If aesthetic lattice work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, Building access, or limited storage of maintenance equipment used in connection with the premises. Areas enclosed by solid, Breakaway Walls shall be used for Building access parking and secured storage only. (10) Plans for enclosures. Prior to construction, plans for any Buildings that will have lattice work or decorative screening, or solid, Breakaway Walls must be submitted to the Village Manager for approval, and must comply with the standard noted in Sec. 8.C(8). Certification by a registered architect or engineer is required for any Breakaway Wall designs which do not comply with said standard. Such designs must be certified to collapse as a result of a water loads less than that which would occur during the Base Flood, and to not result in the displacement, collapse, or other structural damage to the rest of the Building and foundation system or to adjoining Structures. Water and wind loading values shall be those set forth in Sec. 8.C(4) above. (11) Restriction on future enclosures. Any alteration, repair, reconstruction or improvement to a Structure shall not enclose the space below the Lowest Floor except as provided for in Sec. 8.C(8)(9). (12) Manufactured Homes. No Manufactured Homes or Recreational Vehicles may be placed in Coastal High Hazard Areas. (13) Certification of completed construction. Upon completion of the Structure or Substantial Improvement, a registered professional engineer or architect shall certify that the building was constructed are in compliance with the provisions contained in Sec. 8.0 of this Chapter, including the approved, certified design specifications provided per Sec. 8.C(5). 26 (14) Accessory Structures. Accessory Structures shall be allowed per Sec. 8.B(5), subject to the following criteria: (a) the Structure is located so as not to cause collapse, displacement, or other structural damage to adjacent primary Structures during a Base Flood event; (b) the Structure is designed to not provide resistance to the combined effects of wave action and wind during a Base Flood event, and to break down into small enough pieces so that the resultant debris does not create a serious danger to adjacent primary Structures (the safe design loading of the walls shall be not less than 10 and no more than 20 lbs per square foot); and (c) the design of the Building is certified by a registered professional engineer or architect to comply with said standards. (15) Temporary structures. Temporary structures shall be permitted per Sec. 8.B(6). Sec. 9 Standards for Subdivision Proposals. A. All subdivision proposals shall be consistent with the need to minimize Flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize Flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to Flood hazards, and; D. Base Flood Elevation and Flood hazard area mapping shall be provided in accordance with this Chapter for subdivision proposals and other proposed development which is greater than the lesser of fifty lots or five acres. D. The Base Flood boundary, floodway and/or V - zone boundary if applicable, and the applicable Base Flood Elevation for the Building site on each lot shall be clearly marked on all recorded subdivision plats, be 27 they for residential, commercial, or industrial use. Sec. 10 Variances. A. The Village Council shall hear and decide requests for Variances from the requirements of this Chapter. B. Any person aggrieved by the decision of the Village Council may appeal such decision to the Circuit Court, as provided in the Florida Rules of Appellate Procedure. C. Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the Structure's continue designation as a Historic Structure and the variance is the minimum to preserve the historic character and design of the Structure. D. In passing upon such requests, the Village Council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Chapter, and: (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to Flooding or erosion damage; (3) the susceptibility of the proposed facility and its contents to Flood damage and the effect of such damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community; (5) the necessity of the facility to a waterfront location, in the case of a functionally dependent facility; (6) the availability of alternative locations, not subject to Flooding or erosion damage, for the proposed use; 28 (7) the compatibility of the proposed use with existing and anticipated Development; (8) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) the safety of access to the property in times of Flood for ordinary and emergency vehicles; (10) the expected heights, velocity, duration, rate of rise and sediment transport of the Flood waters and the effects of wave action, if applicable, expected at the site, and; (11) the costs of providing governmental services during and after Flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. E. Upon consideration of the factors listed above, and the purposes of this Chapter, the Village Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. F. Conditions for Variances: (1) Variances shall only be issued upon a determination that the Variance is the minimum necessary, considering the Flood hazard, to afford relief; and in the instance of a Historical Building, a determination that the Variance is the minimum necessary so as not to destroy the historic character and design of the Building; (2) Variances shall only be issued upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the Variance would result in exceptional hardship, and; (iii) a determination that the granting of a variance will not result in increased Flood heights, additional threats to 29 public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or Chapters. (3) Any applicant to whom a Variance is granted shall be given written notice specifying the difference between the Base Flood Elevation and the elevation to which the Building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced Lowest Floor elevation. (4) The Village Manager shall maintain the records of all Variances and report any variances to the Federal Emergency Management Agency upon request. Sec. 11. Administrative Appeals. A. The Village Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Village Manager in the administration of this Chapter. B. Any person aggrieved by the decision of the Village Council may appeal such decision to the Circuit Court, as provided in the Florida Rules of Appellate Procedure. C. The Village Manager shall maintain the records of all appeal actions under this section. Section 2. Repeal of Conflicting Provisions. All provisions of the Code of Metropolitan Dade County as made applicable to the Village by Article VIII, Section 8.03 of the Village Charter which are in conflict with this Chapter are hereby repealed. Section 3. Severability. The provisions of this Chapter are declared to be severable and if any section, sentence, clause 30 or phrase of this Chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Chapter but they shall remain in effect, it being the legislative intent that this Chapter shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Council Members and it is hereby ordained that the provisions of this Chapter shall become and be made a part of the Village of Key Biscayne Code; that the sections of this Chapter may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Chapter shall become effective on January 20, 1993. PASSED AND ADOPTED on first reading this 22nd day of December, 1992. PASSED AND ADOPTED on second reading this 5th day of January, 1993. Attest: qc2,7 Village k APPROVED AS T ORM AND LEGAL SUFFICIENCY: Villag Attor y Rafael H. Conte, Mayor 31 iie :~Herala PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: ANN MARTULA who on oath says that he/she is: CUSTODIAN OF RECORDS of The Miami Herald, a daily news- paper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: DECEMBER 15, 1992 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade, County Florida, for a period of one year next preceding the first publication of the at- tached copy of advertisement; and affiant further says that he has neither paid nor promised any per- son, firm or corporation any dis- count, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s). Sworn to and subscribed before me this 5th day of Jan„ary A.D.19q3 My Commission expires: / Vii a of Ke otice, of Zonfri 0 nge The VILLAGE: OF KEY BISCAYNF proposes the following ac- tions within the area shown on the map in the advertisement: 1. ADOPTION OF AN ORDINANCE ESTABLISHING FLOOD DAMAGE PREVENTION REGULATIONS IN ACCORDANCE WITH THE REQUIREMENTS OF THE NATIONAL FLOOD IN- SURANCE PROGRAM. 2. ADOPTION OF AN ORDINANCE AMENDING THE VILLAGE ZONING REGULATIONS TO ELIMINATE ADMINISTRATIVE VARIANCES, A PUBLIC HEARING ON THESE ORDINANCES WILL BE HELD ON TUESDAY, DECEMBER 22,1992 AT 7:00 P.M., AT THE COUNCIL CHAMBER, AT 85 WEST MCINTYRE STREET, SECOND FLOOR, KEY E!SCAYNE, FLORIDA 33149. Copies of the proposed ordinances may be obtained at the Key Biscayne Village Offices, Office of the Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Guido H. Inguanzo, Jr. Village Clerk