Ordinance 030-1983ORDINANCE NO. 030 -1983
AN ORDINANCE OF THE COUNTY OF MONROE,
FLORIDA, PROVIDING THAT THE CODE OF ORDI-
NANCES, COUNTY OF MONROE,FLORIDA, BE AMENDED
BY AMENDING ARTICLE V., "FLOOD HAZARD
DISTRICT.DEVELOPMENT", OF CHAPTER 6, "BUILD-
INGS AND CONSTRUCTION", TO PROVIDE FOR
INCORPORATION OF NEW FEDERAL EMERGENCY
MANAGEMENT AGENCY REQUIREMENTS; PROVIDING FOR
REPEALING OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That Article V, "Flood Hazard District
Development" of Chapter 6, Buildings and Construction" of the
Monroe County Code of Ordinances be amended to read as
follows:
"Sec. 6-177. Definitions.
For the purpose of this article, the following
definitions shall apply. Unless specifically defined
below, words or phrases used in this Article shall be
interpreted so as to give them the meaning they have in
common usage and to give this Article its most
reasonable application.
Appeal means a request for a review of the Director
of Planning, Building and Zoning's interpretation of
any provision of this Article or a request for a
variance.
Area of special flood hazard is the land in the
flood plain within a community subject to a one percent
x
or greater chance of flooding in any given year.
Base flood means the flood having a one percent
chance of being equaled or exceeded in any given year.
Basement means that portion of a building between
floor and ceiling which may be partly below and partly
above grade.
Building means any structure built for support,
shelter, or enclosure for any occupancy or storage.
Coastal high hazard area means the area subject to
high velocity waters caused by, but not limited to,
hurricane wave wash or tsunamis. The area is
designated on FIRM as Zone V1-30.
Development means any man-made change ;to improved
or unimproved real estate, including, but not limited
to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations.
Dunes means naturally occurring accumulations of
sand or other loose organic material in ridges or
mounds landward of the beach.
Existing mobile home park or mobile home subdivision
means that on June 1, 1977, the land is properly zoned
and platted for mobile homes or a mobile home variance
has been granted and the lot on which the mobile home
therein is to be affixed has at a minimum either final
site grading or concrete pads in place, has a street or
road serving said lot and utilities servicing said lot
are connected. Said definition being in accordance
with Title 44, Code of Federal Regulation, Parts 59,
60, 61, 64, 65, and 67, definition of "existing mobile
home park or mobile home subdivision."
Expansion to an existing mobile home park or mobile
home subdivision means the preparation of additional
sites by the construction of facilities for servicing
the lots on which the mobile homes are to be affixed
(including the installation of utilities, either final
site grading or pouring of concrete pads, or the
construction of streets.) Any expansion is considered
"new construction".
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Flood or flooding means 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 of runoff
of surface waters from any source.
Flood hazard boundary map (FHBM) means an official
map of a community,issued by the Federal Emergency
Management Agency, where the boundaries of the areas of
special flood hazard have been defined as Zone A.
Flood Insurance Rate Map (FIRM) means 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 is 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.
Floor means 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.
Highest adjacent grade means the highest natural
elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
Mangrove stand means an assemblage of mangrove trees
which is 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 Nitida); red
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mangrove (Rhizophora Mangle); white mangrove
(Languncularia Racemosa); and buttonwood (Conocarpus
Erecta).
Mean Sea Level means the average height of the sea
for all stages of the tide. It is used as a reference
for establishing various elevations within the flood
plain. For purposes of this Article, the term is
synonymous with National Geodetic Vertical Datum
(NGVD) .
Mobile home means 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.
It does not include recreational vehicles or travel
trailers.
National Geodetic Vertical Datum (NGVD) as corrected
in 1929 is a vertical control used as a reference for
establishing varying elevations within the flood plain.
New construction means structures for which the
"start of construction" commenced on or after the
effective date of this article.
New mobile home park or mobile home park subdivision
means a parcel or contiguous parcels of land divided
into two or more mobile home lots for rent or sale for
which the construction of facilities for servicing the
lot on which the mobile home is to be affixed
(including, at a minimum, the installation of
utilities, either final site grading or the pouring of
concrete pads, and the construction of streets) is
completed on or after June 1, 1977.
Residential. The term "residential" or "residence"
is applied herein to any lot, plot, parcel, tract, area
or piece of land or any building used exclusively for
family dwelling purposes or intended to be so used.
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Start of construction means the first placement of
permanent construction of a structure (other than a
mobile home) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation,
including the relocation of a structure. Permanent
construction does not 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 buildings, such as garages or sheds not
occupied as dwelling units or not a part of the main
structure. For a structure (other than a mobile home)
without a basement or poured footings, the "start of
construction" includes the first permanent framing or
assembly of the structure or any part thereof on its
piling or foundation. For mobile homes not within a
mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to
its permanent site. For mobile homes within mobile
home parks or mobile home subdivisions, "start of
construction" is the date on which the construction of
facilities for servicing the site on which the mobile
home is to be affixed (including, at a minimum, the
construction of streets, either final site grading or
the pouring of concrete pads and installation of
utilities) is completed.
Structure means a walled and roofed building that is
principally above ground, a mobile home, a gas or
liquid storage tank, or other man-made facilities or
infrastructures.
Substantial improvement means any repair,
reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty (50 percent of the
market value of the structure either (1) before the
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improvement or repair is started, or (2) if the
structure has been damaged and is being restored,
before the damage occurred. For the purposes of this
definition "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. The term does
not, however, include either (1) any project for
improvement of a structure to comply with existing
state or local health, sanitary, or safety code
specifications which are solely necessary to assure
safe living conditions, or (2) any alteration of a
structure listed on the National Register of Historic
Places or a State Inventory of Historic Places. (Ord.
No. 3-1975, §2)
Variance is a grant of relief to a person from the
requirements of this ordinance which permits construc-
tion in a manner otherwise prohibited by this Article
where specific enforcement would result in unnecessary
hardship.
Cross reference - Rules of construction and defini-
tions generally, § 1-2.
Sec. 6-178. Statement of legislative intent.
The coastal areas of the county are subject to
flooding, resulting in danger to life, loss of
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.
The board of county commissioners deem it in the best
interest of its citizens that said county at all times
be eligible for and receive the benefits of the
national flood insurance program administered by the
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Federal Emergency Management Agency, said program
providing its citizens with federally subsidized flood
insurance, VA and F.H.A. mortgage insurance,
conventional mortgage loans from federally insured or
regulated lending institutions for purposes of
purchasing and improving real property and makes
available federal flood disaster assistance funds so
long as said county adopts and maintains certain flood
plain management regulations consistent with federal
criteria as set forth in Title 44, Code of Federal
Regulations, Parts 59, 605 61, 645 65 and 67; and
whereas the administrator of the Federal Emergency
Management Agency has previously identified this county
as being a coastal high hazard area, therefore, the
provisions of Section 60.3(e) of Title 44, Code of
Federal Regulations must be adopted and adhered to by
this county in order to maintain continued
participation in the program. It is therefore the
intent of the board that the provisions of this article
will be strictly adhered to. (Ord. No. 3-1975, § 1;
Ord. No. 8-1977, § 1)
Sec. 6-179. Development in areas of special flood
hazard.
The county official responsible for the
administration and enforcement of this article shall,
to the extent not otherwise prohibited by sections
6-180 and 6-181, with respect to development within
areas of special flood hazard.
(a) Require building permits for all proposed
construction or other improvements within said
district, containing, in addition to the
requirements of Section 6-231, the following
information:
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(1) Elevation in relationship to the National
Geodetic Vertical Datum (NGVD) of 1929 of the
proposed lowest floor (including basement) of
all structures.
(2) Elevation in relation to NGVD to which any
non residential structure will be proofed.
(3) A certificate from a registered
professional engineer or architect that the
flood -proofed structure meets the flood -proofing
criteria contained Section 6-181(b)(2) of this
Article.
(4) A flood elevation or flood -proofing
certification after the lowest floor is
completed, or in instances where the structure
is subject to the regulations applicable to
Coastal High Hazard Areas, after placement of
the horizontal structural members of the lowest
floor. Within twenty one calendar days of
establishment of the lowest floor elevation, or
flood -proofing by whatever construction means,
or 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 Director of Planning,
Building and Zoning a certificate of the
elevation of the lowest floor, flood -proofed
elevation, or the elevation of the lowest
portion of the horizontal structural members of
the lowest floor, whichever is applicable, as
built, in relation to NGVD. Said certification
shall be prepared by or under the direct
supervision of a registered land surveyor or
professional engineer and certified by same.
When flood -proofing is utilized for a particular
building, said certification shall be prepared
by or under the direct supervision of a
professional engineer or architect and certified
by same. Any work done within the twenty one
day calendar period and prior to submission of
the certification shall be at the permit
holder's risk.
(b) Review building permit applications for
repair within said districts to determine that the
proposed repair meets the requirements of this
Article.
(c) Review building permit applications for new
construction or substantial improvements within
said districts to assure that the proposed
construction (including prefabricated and mobiles
homes):
(1) Is protected against flood damage,
(2) Is designed or modified and anchored to
prevent flotation, collapse or lateral movement
of the structure,
(3) Uses construction materials and utility
equipment that are resistant to flood damage,
and also uses construction methods and practices
that will minimize flood damages.
Review the floor elevation survey data submitted
under Sec. 6-179(a)(4). Deficiencies detected by
such review shall be corrected by the permit
holder immediately and prior to further
progressive work being permitted to proceed.
Failure to submit the survey or failure to make
said corrections required hereby, shall be cause
to issue a stop -work order for the project.
(d) Review subdivision proposals and other
proposed new developments to assure that:
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(1) All such proposals are consistent with the
need to minimize flood damage,
(2) All public utilities and facilities, such
as sewer, gas, electrical, and water systems are
located, elevated, or constructed to minimize or
eliminate flood damage, and,
(3) Adequate drainage is provided so as to
reduce exposure to flood hazards.
(4) All subdivisions and other proposed
developments consisting of the lesser of 50
units or 5 acres, base flood elevation data
shall
be provided by the developer.
(e) Require new or replacement water supply
systems and treatment plants and sanitary sewage
plants and systems to be designed and constructed
in accordance with applicable Federal, State and
County regulations.
(f) Advise permittee that additional federal or
state permits may be required, and if specific
federal or state permits are known, require that
copies of such permits be provided and maintained
on file with the building permit application.
(g) Notify adjacent communities and the Florida
Department of Community Affairs prior to any
alteration or relocation of a watercourse, and
submit evidence of such notification to the
Federal Emergency Management Agency.
(h) In Coastal High Hazard Areas certification
shall be obtained from a registered professional
engineer or architect that the structure is
securely anchored to adequately anchored pilings
or columns in order to withstand velocity waters
and hurricane wave wash.
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(i) In Coastal High Hazard Areas, the Director of
Planning, Building and Zoning shall review plans
for adequacy of breakaway walls in accordance with
the provisions of this Article.
(j) When flood -proofing is utilized for a
particular structure, the Director of Planning,
Building and Zoning shall require the applicant to
provide certification from a registered
professional engineer or architect.
(k) Where interpretation is needed as to the
exact location of boundaries of the areas of
special flood hazard (for example, where there
appears to be a conflict between a mapped boundary
and actual field conditions) the Director of
Planning, Building and Zoning shall make the
necessary interpretation. The person contesting
the location of the boundary shall be given a
reasonable opportunity to appeal the
interpretation as provided in this article.
(1) When base flood elevation data has not been
provided in accordance with Section 6-184 of this
Article, then the Director of Planning, Building
and Zoning shall obtain, review, and reasonably
utilize any base flood elevation data available
from a federal, state or other source, in order to
administer the provisions of Section 6-181 of this
Article.
(m) All records pertaining to the provisions of
this ordinance shall be maintained in the office
of the Director of Planning, Building and Zoning
and shall be open for public inspection.
Sec. 6-180. Elevation requirements.
(a) Buildings located in areas of special flood
hazard must have the lowest portion of the lowest floor
elevated to the level of the one hundred (100) year
11
flood. The space below must be kept free of
obstructions, but may be covered as described in
Section 6-181(b)(3)(f) of this Article and used for
parking and temporary storage. Elevated structures
shall be serviced by electrical and mechanical
equipment that is also elevated to or above the level
of the one hundred (100) year flood. Panel boards and
disconnect switches (where used) must be located above
the one hundred (100) year flood level. House sewer
and storm drainage systems that extend below the one
hundred (100) year flood level shall be provided with
automatic back flow valves or devices installed at the
point where the line passes an exterior wall or slab.
All new construction shall be located landward of the
reach of the mean high tide. All such new construction
shall be adequately anchored by pilings or columns and
fill shall not be used for structural support. No
man-made alteration of sand dunes and mangrove stands
shall be allowed which would increase potential for
flood damage.
(b) Effective June 1, 1977, the placement of
mobile homes (except in existing zoned and platted
mobile home parks and subdivisions or on lots with
existing mobile home variances) within areas of special
flood hazard is absolutely prohibited in accordance
with Title 44, Section 60.3(e)(7), Code of Federal
Regulations.
The term "existing" as used herein shall be as
defined in Section 6-177 of this Article. Said
definition being in accordance with Title 44, Section
59, Code of Federal Regulations definition of "existing
mobile home park or mobile home subdivision".
After April 1, 1977, all mobile homes so
qualifying for placement in existing zoned and platted
mobile home parks and subdivisions. A mobile home so
12
qualifying for placement may be placed at a height
below said minimum elevation providing that a variance
is granted by the Board of County Commissioners. The
requirement for granting of said variance is that the
mobile home to be placed will be placed on a qualified
lot which is presently contiguous to and surrounded by
mobile homes which are not elevated to the base flood
elevation. In such cases, the Board may grant a
variance to allow said mobile home to be placed at an
elevation equal to that of the neighboring mobile
homes.
No other variances shall be issued for mobile
homes.
An existing mobile home may in all cases be
replaced without elevation and without need of variance
providing the mobile home so replaced was at a height
below the required base flood elevation.
If a mobile home is placed in an existing park or
subdivision or varianced lot, the building department
shall not issue a building permit or certificate of
occupancy unless and until the owner of the mobile home
or lessee, as the case may be, shows the building
official a recorded deed or unrecorded written lease
wherein the mobile home owner has the fact disclosed to
him in said deed or lease that the mobile home is being
located in a flood -prone area and that an evacuation
plan indicating vehicular access and an escape route is
filed with the disaster preparedness authorities.
(c) Existing uses located on land in areas of
special flood hazard which is below the base flood
elevation shall not be expanded and no building permit
referred to in section 6-179 of this article may be
issued therefore unless the provisions of paragraph (a)
of this section are complied with; however, this shall
not preclude routine maintenance of existing structures
13
or improvements thereto which are less than substantial
improvements, as herein defined, and which do not
increase the physical size of such structure.
(d) In all instances where residential
subdivision deed restrictions in the County authorize
only the elevation of the lowest floor of said
buildings to a height less than the elevation mandated
and required under this section, the minimum elevation
of said lowest floor as required by this section shall
become the maximum elevation allowed in said
subdivision. (Ord. No. 3-1975, § 4; Ord. No. 8-1977,
§ 2, 3; Ord. No. 12-1979, § 1)
Sec. 6-181. Development within areas of special flood
hazard.
Nonresidential structures, and motels located in
areas of special flood hazard may make use of the space
below the one hundred (100) year flood level for
equipment and non -living areas, under the condition
that they be floodproofed up to the level of the one
hundred (100) year flood, that is, electrical equipment
may be located below the level of the one hundred (100)
year flood if it is protected in a waterproof vault or
is of the submersible type. An office, bath, utility
room, storage or laundry may be located below the level
of the one hundred (100) year flood if their omission
would cause extreme hardship and if they will be
floodproofed. However, proper recognition should be
given to the existing flood hazard, and investment
below the level of the one hundred (100) year flood
should be minimized. A U.S. Corp of Engineers Manual,
"Floodproofing Regulations" should be referred to in
order to facilitate design and detailing of floodproof
construction. (Ord. No. 3-1975, § 5)
(a) In all areas of special flood hazard the
following provisions are required:
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(1) All new construction and substantial
improvements shall be anchored to prevent
flotation, collapse or lateral movement of the
structure;
(2) All new construction and substantial
improvements shall be constructed with materials
and utility equipment resistant to flood damage;
(3) All new construction or substantial
improvements shall be constructed by methods and
practices that minimize flood damage;
(4) All new and replacement water supply
systems shall be designed to minimize or
eliminate infiltration of flood waters into the
system;
(5) New and replacement sanitary sewage systems
shall be designed and constructed in accordance
with applicable Federal, State and County
regulations.
(6) On -site waste disposal systems shall be
designed and constructed in accordance with
applicable Federal State and County regulations.
(7) Any alteration, repair, reconstruction, or
improvements to a structure which is in
compliance with the provisions of this
ordinance, shall meet the requirements of "new
construction" as contained in the Article.
(b) In all areas of special flood hazard where
base flood elevation data has been provided, as set
forth in Section 6-184 of this Article, the following
provisions are required:
(1) Residential construction - New construction
or substantial improvement of any residential
structure shall the lowest floor, including
basement, elevated to the base flood elevation.
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(2) Non-residential construction - New
construction or substantial improvement of any
commercial, industrial or other non-residential
structure shall either have the lowest floor,
including basement, elevated to the base flood
elevation or, together with attendant utility
and sanitary facilities, be flood -proofed so
that all areas of the structure below the
required elevation is water tight and with walls
substantially impermeable to the passage of
water and with structural components having the
capability of resisting hydrostatic and
hydrodynamic loads and effects 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 Section 6-179 of this Article.
(3) Coastal High Hazard Areas (V Zones) - Located
in the areas of special flood hazard established in
Section 6-184 of this Article, are areas designated as
coastal high hazard areas. These areas have special
flood hazards associated with wave wash, therefore, the
following provisions shall apply:
(a) All buildings or structures shall be
elevated so that the lowest supporting
horizontal member (excluding pilings or columns)
is located at the base flood elevation level,
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
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in the event of abnormal wave action and in
accordance with Section 6-181(b)(3)(f) and (g)
of this Article;
(b) All buildings or structures shall be
securely anchored on pilings or columns;
(c) Pilings or columns used as structural
support shall be designed and anchored so as to
withstand all applied loads of the base flood
flow;
(d) Compliance with provisions contained in
Section 6-181(b)(3)(a), (b) and (c) of this
Article shall be certified to by a professional
engineer or architect;
(e) There shall be no fill used as structural
support;
(f) 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 and provided the following design
specifications are met:
(1) No solid walls shall be allowed, and
(2) Material shall consist of wood or mesh
screening only.
(g) If aesthetic lattice works or screening are
utilized, such enclosed space shall not be used
for human habitation;
(h) Prior to construction, plans for any
structure that will have lattice work or
decorative screening must be submitted to the
Director of Planning, Building and Zoning for
approval;
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(i) Prohibit the placement of mobile homes,
except in an existing mobile home park or
existing mobile home subdivision; and
(j) Any alteration, repair, reconstruction or
improvement to a structure shall not enclose the
space below the lowest floor except for lattice
work or decorative screening, as provided for in
Section 6-181(b)(3)(f) and (g) of this Article.
(k) All buildings shall comply with provisions
of Chapter 4, Article II (SHORELINE PROTECTION)
Section 4-18, Monroe County Code.
(1) No man-made alteration of sand dunes and
mangrove stands shall be allowed which would
increase potential for flood damage.
Sec. 6-182. Site utility lines.
Site utility lines shall be made waterproof as far
as possible to eliminate infiltration of flood waters
into the system and discharges from the system into
flood waters. Joints between sewer drain tile shall be
sealed with caulking, plastic, or rubber gaskets and
all manhole covers shall be sealed in a similar manner.
(Ord. No. 3-1975, § 6)
Sec. 6-183. Application of article; adoption of maps.
(a) This article shall apply to and be enforced
in all the unincorporated areas of the County.
(b) The areas of special flood hazard identified
by the Federal Emergency Management Agency in its Flood
Insurance Study and Wave Height Analysis for Monroe
County, Florida, Unincorporated Areas, dated
December 1, 1983 with accompanying maps and other
supporting data, and any revision thereto are adopted
by reference and declared to be a part of this Article;
and shall be kept on file, available to the public, in
the offices of the County Building and Zoning
Department. (Ord. No. 3-1975, § 8)
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No structure shall hereafter be located, extended,
converted, or structurally altered without full
compliance with the terms of this Article and other
applicable regulations.
Sec. 6-184. Enforcement.
The director of the County Building and Zoning
Department shall administer and enforce this article.
(Ord. No. 3-1975, § 9)
Sec. 6-185. Rules for interpreting district
boundaries.
The boundaries of the flood hazard districts shown
on the official flood hazard boundary maps may be
determined by scaling distances. Required
interpretations of those maps for precise locations of
such boundaries shall be made by the director of the
County Building and Zoning Department. (Ord.
No. 3-1975, § 10)
Sec. 6-186. Variances.
(a) Authority of the County Commission. The
County Commission shall have the authority and duty to
consider and act upon applications for a variance from
the regulations of this article. The County Commission
shall also have the authority to consider and act upon
appeals when it is alleged there is an error in any
requirement, decision, or determination made by the
Director of Planning, Building and Zoning in the
enforcement or administration of this Article. Such
Board is admonished that in granting any variances
hereunder, it must consider the purposes of the
National Flood Insurance Program, as specified in
Title 24, Code of Federal Regulations, Chapter 10,
subchapter B, Parts 59, et seq. Further, such Board
shall consider the fact that an annual report on
variances granted must be submitted to the National
Flood Insurance Administration, which report is the
19
basis for continued availability of flood insurance to
the inhabitants of the County, and therefore, variances
should be granted with extreme caution.
(b) Variance to be in harmony with general
purpose and intent of the article. The Board may grant
variances from the terms of this article as will not be
contrary to the public interest, where owing to special
conditions, a literal enforcement of the provisions
hereof will result in unnecessary hardship, and so the
spirit of the regulations shall be observed and
substantial justice done: Provided that the variance
will be in harmony with the general purpose and intent
of this article and that the same is the minimum
variance that will permit the reasonable use of the
premises.
(c) Conditions. Variances may be granted only
upon the following conditions.
(1) A new structure is to be erected on a lot
of one-half acre or less in size, contiguous to
and surrounded by lots with existing structures
constructed below the flood protection
elevation, or
(2) If an official historic structure located
below the minimum level is to be restored or
re -constructed.
(3) A determination that the variance is the
minimum necessary, considering the flood hazard,
to afford relief;
(4) A showing of good and sufficient cause;
(5) A determination that failure to grant the
variance would result in exceptional hardship to
the applicant;
(6) A determination that the granting of a
variance will not result in increased flood
heights, additional threats to public safety,
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extraordinary public expense, create nuisance,
cause fraud on or victimization of the public,
or conflict with existing local laws or
ordinances;
(7) 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 structure 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.
(8) The Director of Planning, Building and
Zoning shall maintain the records of all appeal
actions and report any variances to the Federal
Emergency Management Agency upon request.
A variance may only be issued if good and
sufficient cause exists for granting it or if failure
to grant the variance would result in exceptional
hardship to owners of the land.
In all circumstances, as a matter of policy,
variances may only be issued if the County requires
that a notice be placed on the deed to the property
stating that the proposed construction will be located
in a flood prone area. In the case of a variance for
new construction or substantial improvement for which
construction is to be started after December 31, 1974,
and which is located in an area designated on an
effective Flood Insurance Rate Map as having special
flood hazards, the notice must contain a statement of
the number of feet that the lowest nonfloodproofed
floor of the proposed structure will be below the one
hundred (100) year flood level and that actuarial flood
insurance rates increase as the first floor elevation
decreases.
21
In all cases the County must notify the
administrator of the insurance of the variance in
writing, including written notification documenting the
justification for the issuance. A copy of the
notification should be sent to the state coordinating
agency.
(d) Review and appeal. Review and appeal of any
such decision by the County Commission shall be by
petition to the circuit for relief.
(e) Guidelines. When the Board of County
Commissioners shall consider the propriety of granting
a variance as permitted by this article, the following
factors shall not be considered:
(1) The physical disabilities or handicaps and
health of the applicant or members of his or her
family.
(2) The domestic difficulties of the applicant
or members of his or her family.
(3) The financial hardships of the applicant or
members of his or her family and the financial
difficulty of the applicant in complying with
this article.
The following factors shall be relevant in the granting
of a variance:
(4) Whether the public would suffer if the
variance is granted.
(5) Whether this article operates against the
property so as to constitute an arbitrary and
capricious interference with the basic right of
private property.
(6) Whether it is possible to use the property
by a conforming method of construction.
(7) Whether failure to grant a variance would
in effect deprive the applicant of his property
without compensation.
22
(8) Physical characteristics of construction.
(9) The danger that materials may be swept onto
other lands to the injury of others;
(10) The danger of life and property due to
flooding or erosion damage;
(11) The susceptibility of the proposed facility
and its contents to flood damage and the effect
of such damage on the individual owner;
(12) The importance of the services provided by
the proposed facility to the community;
(13) The necessity to the facility of a
waterfront location, where applicable;
(14) The availability of alternative locations,
not subject to flooding or erosion damage, for
the proposed use;
(15) The compatability of the proposed use with
existing and anticipated development;
(16) The relationship of the proposed use to
the comprehensive plan and flood plain
management program for that area;
(17) The safety of access to the property in
times of flood for ordinary and emergency
vehicles;
(18) 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,
(19) 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.
(f) Upon consideration of the factors listed
above and the purposes of this article, the County
23
Commission may attach such conditions to the granting
of variances as it deems necessary to further the
purposes of this Article.
(g) Application fee. Each application for a
variance hereunder shall be accompanied by a fifty
dollar ($50.00) application fee made payable to the
County. (Ord. No. 3-1975, § 13; Ord. No. 8-1977, § 4,
5)
Cross references - Variances under subdivision
regulations, Ch. 17, Art. VII, special exceptions under
zoning ordinance, Ch. 19, Art. IV.
Sec. 6-188. Warning and disclaimer of liability.
The degree of flood protection required in this
article is considered reasonable for regulatory
purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by
man-made or natural causes. This Article 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 Article shall not
create liability on the part of Monroe County or by any
officer or employee thereof for any flood damages that
result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
(Ord. No. 3-1975, § 14)
Sec. 6-188. Conflicting regulations.
This article shall supersede any conflicting
ordinance, building code, or any other regulation to
the extent that this article imposes more stringent
requirements for the use or development of any lands or
structures within areas of special flood hazard. It is
not intended to repeal, modify, or change any
ordinance, building code or other regulation except as
herein stated. It is not intended to repeal, abrogate,
24
or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and
another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail. (Ord. 3-1975,
§ 11)
Sec. 6-189. Interpretation.
In the interpretation and application of this
Article all provisions shall be:
(1) Considered as minimum requirements.
(2) Liberally construed in favor of the County,
in order to effectuate the purposes herein
stated. (Ord. No. 3-1975, § 12)
(3) Deemed neither to limit nor repeal any
other powers granted under the laws of the
State.
Sec. 6-190. Effect on subdivision ordinance.
It is the intention of the County Commissioners
and it is hereby ordained that the provision of this
article shall supplement the County subdivision
ordinance. (Ord. No. 3-1975, § 16) For subdivisions
proposed in areas of special flood hazard the following
provisions are required:
(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 individual sewage
disposal systems, sewer, gas, electrical and water
systems located and constructed to minimize flood
damage;
(c) All subdivision proposals shall have adequate
drainage provided in accordance with applicable
rules and regulations of the South Florida Water
Management District to reduce exposure to flood
hazards.
25
For subdivisions and other proposed developments
consisting of the lesser of fifty units or five acres,
base flood elevation data shall be provided by the
developer.
Sec. 6-191. Effect on previous building permits.
Provisions of this article shall not apply to
those buildings for which a building permit had been
issued and was in effect or for which proper and
complete applications and plans had been submitted for
building permits on or before the effective date of
Ordinance Number 3-1975, provided that the construction
under the permit shall be commenced and progressively
carried to a conclusion within the time limitations for
permits established by the building code. (Ord.
No. 3-1975, § 17)
Cross reference - Building permits, Ch. 6,
Art. II, Div. 2.
Sec. 6-192. Effect on special laws.
All special laws, in conflict with this article
are hereby repealed to the extent of such conflict.
(Ord. No. 3-1975, § 18)
Sec. 6-193. Penalties for violation.
(a) Willful violations of the provisions of this
article or failure to comply with any requirements
hereunder (including violations of conditions and
safeguards established in connection with grants of
variance or special exceptions) shall subject the
offender to punishment as provided in section 1-7 of
this Code of Ordinances.
(b) Notwithstanding the provisions of
paragraph (a) of this section, the official responsible
for the enforcement of the provisions of this article
may secure enforcement hereof by any legal action
necessary, such as application to any court for
26
injunctive relief, revocation of any building permit
issued hereunder or other appropriate means. (Ord.
No. 3-1975, § 15)
Sec. 6-194. Severability.
If any section, subsection, sentence, clause or
provision of this Article is held invalid, the
remainder of this Article shall not be affected by such
invalidity.
Sec. 6-195 - 6-205. Reserved."
Section 2. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 3. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 23rd day of November , A.D. 1983.
(Seal)
A t t e s t: DAW Lr SOMAGE, Clerk
x- kh-4 - �, (V\ - P,4,0
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
27
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN, that on
Wednesday, November 23, 1983, at 5:00 P.M. at the Marathon
Subcourthouse, Marathon, Monroe County, Florida, the Board of
County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County Ordinance:
ORDINANCE NO. -1983
AN ORDINANCE OF THE COUNTY OF MONROE,
FLORIDA, PROVIDING THAT THE CODE OF ORDI-
NANCES, COUNTY OF MONROE,FLORIDA, BE AMENDED
BY AMENDING ARTICLE V., "FLOOD HAZARD
DISTRICT DEVELOPMENT", OF CHAPTER 6, "BUILD-
INGS AND CONSTRUCTION", TO PROVIDE FOR
INCORPORATION OF NEW FEDERAL EMERGENCY
MANAGEMENT AGENCY REQUIREMENTS; PROVIDING FOR
REPEALING OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearing or
meeting, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings, is made, which record includes the testimony and
evidence upon which the appeal is to be based.
DATED at Key West, Florida, this 28th day of October, A.D.
1983.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida,
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(Seal)
1. R
PROOF OF PUBLICATION
oX
q!.VIMNG THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared W. B . WOLFF
who on oath, says that he is EDITOR Q. PUBLISHER�
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF = NOTICF OF INTENTION TO CONSIDER
in the Court, was published in said
newspaper in the issues of 11-10-83
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuous) published in the said Monroe Count Flor NoT1PTIONCE OF O COUI(TYOR ORDINANCE
Y P County, ADOPTION OF COUNTY � tRDINANCE
each week (on Thursday), and has been entered as secon NOTICE IS IIEREBY GIVEN TO WHOM IT MAY CONCERN, that on
class mail matter at the Post Office in Tavernier, in Wednesday, November nt Islo d 5:0 M. at the Marathon miss ners of
r Marathon, Monroe County, Florida,f�e Board of.. County Commissioners of
Count of Monroe, Florida, for a period of one year ne: Monroe County, y,Florida,intendsto siderthe adoption ofthe following County
y P y Ordinance:
preceding the first publication of the attached copy o, ORDINANCE NO. 1983
advertisement; and of f iant further says that he has ne` AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA, PROVIDING
THAT THE CODE OF ORDINANCES, COUNTY OF MONROE, FLORIDA, BE
paid nor promised any firm, person, or corporation any AMENDED BY AMENDING ARTICLE V., "FLOOD HAZARD DISTRIC'1
DEVELOPMENT". OF CHAPTER 6,."BUILDINGS AND CONSTRUCTION"
discount rebate, commission or refund for the purpose TO PROVIDE FOR INCORPORATION OF NEW FEDERAL EMERGENCY
MANAGEMENT AGENCY REQUIREMENTS; PROVIDING FOF
securing this said advertisement for publication in thE' REPEALING,OF ALL ORDINANCES OR PARTS OF ORDINANCES R,
i CONFLICT WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY,
said newspaper. PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
i
jjjN 1 Pursuant to Section `286.0105, Florida Statutes, nonce is given that it a person
decided to appeal any decision made by the Board with respect to any mattez
considered at such hearing or meeting, he will need a record of the proceedings
SEAL 17u and that, for such purpose, he may need to ensure that a verbatim record of thi
/ Tfl I proceedings, is made, which record includes the testimony and evidence upm
SWORN TO AND SCRIBED BEFORE —ME THIS /Iwhich the appeal is to be based.
DATED at Key West, Florida, this 28th day of October, A.D. 1983.
DAY of NOVEMBER- A.D. 19 83
00,
— NOTE iIn,LiL `STATE OF FLORIDA Published: ll lo/s3
The Reporter
MY COMMISSION EXPIRES• MY COMN1'5SION EXPIRES APR 2 1987 Tavernier, FL 33070
v v cu i nru UrNrKmLry _ UND;
RALPH W. WHITI
Clerk of the Circuit Cour
of Monroe County, Florida
and ex officio Clerk of thi
Board of Cnunty Commissioner:
of Monroe County, Florida
*PROOF OF PUBLIM
4'
THE FLORIDA KEYS KEYNOTER
Published. Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
y�.
Before the undersigned authority personally appeared Judith E. Proulx , who on oath, says
that he is Office Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a Not rp of Tntani-i nn f-n (nnci rlcr Adopt ion Of
IN THE MATTER OF Flood Hazard District in Monroe County County Ordinance.n the
newspaper in the issues of
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, com-
mission or refund for the purpose of securingthis advertisement for publication in the said newspaper.
(SEAL)
SWORN TO -AND-SUB SCRIBED BEFORE ME THIS 16
DAY.OF-_- �!A.D. 19
12
NOTARY PURUC'STATE OF FLOgDW
MY COM""1SS! O'"! P"PIRES MAX 31 19.87
BCWDED THRU CENER;,I IN51JRAmn: I INIn
Court
a
i HEREB.Y GIVEN;
i IT. MAY •CON
on: We nesday, No
1983; a -5:00 F.M. at
on Subcourthouse,
Monroe ,Countyj,
._:Board of County,
ersta ,of Monroe
'ida;-intends to con
0 in..of the follow-'
Irdtnencg
INCMA . -1983
nce,of-the County
Florida, rr4vid-
ne-Code of Ordi- I
ounly of Monroe,.
be amended by
Article Vc "Flood
ofstriChapptterelo6. ,
- and. Con truc-
xovide. for ilnc-, -
of new federal
f management
iquiremenl}; Pro--
J
repealing:o al or
�r;garlfof. ordi-
.cpnitict with - this
a
ord Cf the proceedings, and'
Ihal for such: purposo, he mayl
need to ensure that verbatim -
record .of the Proceedings, lal
' made . which record included
the Testimony- and evidence,
upon which the apPeol is to be,
based.
DATED at KeyWest, Florid&
this 28th day of October, A.>1
1983. RALPH W. WHITE.
Clerk of.the Circuit Court,
of Monroe County, Florida,;
and egR officio Clerk of the,-
Board of CountY Commiss(on-!
f ers)
of Monroe County, Florida
or
ti
PROOF OF PUBLICATION
TITS KP7 WEST CI'T7Tr.1
T'ltblished Daily
Rey West, Mov, ro`. Co -, ity, lor- cia -1040
r
ST.,.kTF,.OF FLORD)A)
ss.
COU ly Or KIONROE)
Before the undersigned authority 7.^rsonL-,.11y appearei:............. .
.., BOBBY An_RpNv,!3 �:)- ,,ae ...,,:a
Advert-
A':a . Mwaa get ......... of The Key
daily newspa.pgF published zu: Kay West 'On MonroF� vounty: ', that
,ik
attached copy of ,adverV-sement bei.q,� a
E -- -
OF INT,Etokl 101
F
Ns3T,• E
CONSIDER ADOPTION
ORDINANCE
COUNTY
i
!: 'L'li.'. Tiaf.i `,�• /'�
p
(DJ"LLi. Vla Y1C� '
NOTICE IS -HEREBY
GIVEN TO'WHOM IT MAY
that on Wed
h
CONCERN,
nesdaY, November 23, 1983,
P.M. at the Marathon .
�1 `
11t S�C�I
at,5.00
Subcourthouse, Marathon,
I !i Monroe. County Florida, the
CO,
IC .LrI I a•c
^`
Board' of County
I missioners Monroe
County, F.loridaf intends to
of the
consider the adoption
. countyOrdmancer
Was Dublished in 8ai.d news'_?;~.per in 1..he issues J_f
:)D
CT ;
OF
ITOr
ff ian't further says, trial: the ''_'ne. Key WTeFt f;i WANAGREQUIRECMENTS;FDR
i.:�et7nr'cr er published at Key [Jests i_. said donroe CC;U.nty,� PROVIDING OF ALL
REPEALING PARTS ti
tine.. said newspaper has <<e:;_etcfore been ContiCiuou 11 .ORDINANCES OR IN !
ORDINANCES . Q,
in S_,dd Monroe C,otuityT Florida eacb.. day' except SaturC1�31`; OCONFLICT WpROV(D
beer, entered as second class mail wat.t.er at the post ofj V-FORIN SEVERABILI
t est- • in said Monroe County, Flcri da, ioj: a perod of Ir' PROVIDING
S ONE O
D27eceeding the first publication of tho attached cosy o� = pINNANCES; AN ,p
meet; and affiantt further says that hc• has neither aid'. FECOT VDEDATE.
Se
any prson, firm or corporation any discount, rebate, c< 286.0105,an ,_aFlorida .Sta
t -tit if refund for the purpose of securing this advertisement fe decide; - to- by't a
a eal
d'ec.ision d to a Y ei
2_ the Said newspaper, / cairn resp
// I considered at such hen
- - �j may nq-
N':-Yj /\'Y '�l i..l l r": 4 = r ;_ ; C ic; A' • • • verbatim
(�'( ��"'v1l`/siSS10N LXPi; c5 JULY 27 1987, `proceedin
n r o I record in(
(SEAL) �t[), U {alaF:s;f",1,�r 4? ,lac llil I andd evid<
apDATE
'Florida,
Sworn to and ubsc abed before me this.. � .......... October,
/� RALPH
dayof
of �4 A.D.9.'� Clerk e,
• • � • ` Monroe
-ex Off IC'
of Coun
Monroe
I �• Nov.3,
.. .. ...
R-
u
F,
iron
des,
�s0 • ,�-
anY
yard.
tter
,9 or.
a
e,'he
at`a,
t:he�
hick
bebased3. West
at Key oft
iis, 28th day,
D -1983
WHITE r. rt of'•
onu
nV Florida
November 28, 1983
-THE ST,�T�
! A
W
O
• M100p N6'ftllil
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
Honorable Danny L. Kolhage
Clerk of Circuit Court
500 Whitehead Street
Key West, Florida 33040
Attention: Ms. Virginia M. Pinder
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes
this will acknowledge: ,
NK/
1. Receipt of your letter/s of November 28
and certified copy/ies of
County Ordinance/s No/s
2. Receipt of
relative to:
(a)
(b)
which we have numbered
which we have numbered
Monroe
83- 30
County Ordinance/s
3. We have filed this/these Ordinance/s in this office on
November 28 1983
4. The original/duplicate copy/ies showing the filing date is/are
being returned for your records.
Cordially,
M
( s.) Nancy Kavanaugh
Chief, Bureau of Laws
FLORIDA-State of the Arts