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Ordinance 008-1977 , ) ORDINANCE NO. 8 - 1977 AN ORDINANCE AMENDING ORDINANCE NO. 3 - 1975 ENTITLED "AN ORDINANCE REGULATING DEVELOPMENT WITHIN FLOOD HAZARD DISTRICTS WITHIN THE COUNTY OF MONROE, FLORIDA; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; PROVIDING DEFINITIONS; RE- QUIRING BUILDING PERMITS WITHIN COASTAL FLOOD HAZARD DISTRICTS; PROVIDING FOR REVIEW OF BUILDING PERMITS; SUBDIVISION PROPOSALS AND WATER AND SEWER SYSTEMS TO INSURE PROTECTION FROM FLOOD DAMAGE SETTING STANDARDS FOR DEVELOP- MENTS WITHIN COASTAL FLOOD HAZARD DISTRICTS; PROVIDING FOR COUNTY-WIDE APPLICATION; PROVIDING FOR ENFORCEMENT; PROVIDING RULES FOR INTERPRETA- TION OF DISTRICT BOUNDARIES; PROVIDING RULES FOR INTERPRETATION; PROVIDING FOR VARIANCES AND ESTA- BLISHING A VARIANCE PROCEDURE; GIVING WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR SEVERABI- LITY; PROVIDING PENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE; BY AMENDING SECTION 1 OF ORDINANCE NO. 3 - 1975 TO EXPAND LEGISLATIVE INTENT; BY AMENDING PARAGRAPH (a) OF SECTION 4 OF ORDINANCE NO. 3 - 1975 TO REQUIRE ALL NEW CONSTRUC- TION IN MONROE COUNTY TO BE LOCATED LANDWARD OF THE REACH OF THE MEAN HIGH TIDE, TO REQUIRE SAME TO BE ANCHORED BY PILINGS OR COLUMNS, TO PROHIBIT THE USE OF FILL FOR STRUCTURAL SUPPORT, AND TO PROHIBIT MAN- MADE ALTERATION OF SAND DUNES AND MANGROVE STANDS WHICH WOULD INCREASE POTENTIAL FOR FLOOD DAMAGE; BY AMENDING PARAGRAPH (b) OF SECTION 4 OF ORDINANCE NO. 3 - 1975 TO PROHIBIT AFTER APRIL I, 1977 THE PLACEMENT OF MOBILE HOMES IN MONROE COUNTY EXCEPT IN A LOT IN A THEN EXISTING PLATTED AND PROPERLY ZONED MOBILE HOME SUBDIVISION OR PARK OR LOT WITH TRAILER VARIANCE WHERE SAID LOT HAS ALL UTILITIES SERVING SAID LOT CONNECTED AND STREET OR ROAD SERVICING SAID LOT IN PLACE ALL AS OF APRIL I, 1977; TO REQUIRE THAT ALL SUCH MOBILE HOMES AFTER APRIL I, 1977 SO QUALIFYING FOR PLACEMENT BE ELEVATED TO THE MINIMUM HEIGHT OF EIGHT (8) FEET MEAN SEA LEVEL; PROVIDING FOR VARIANCES TO MOBILE HOMES TO BE PLACED AT BELOW 8 FEET IF SAID MOBILE HOME IS SURROUNDED BY MOBILE HOMES WHICH ARE BELOW THE REQUIRED EIGHT (8) FOOT ELEVATION; PROHIBITING THE BUILDING OFFICIAL FROM ISSUING A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY UNTIL THE MOBILE HOME OWNER OR LESSEE SHOWS TO SAID OFFICIAL A RECORDED DEED OR UNRECORDED LEASE WHEREIN THE MOBILE HOME OWNER OR LESSEE 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; TO PROHIBIT THE MONROE COUNTY ZONING BOARD AFTER APRIL I, 1977 FROM REZONING LAND FOR MOBILE HOME PARKS OR SUBDIVISIONS AND FROM GRANTING MOBILE HOME VARIANCES; BY ADDING PARAGRAPH (e) AND (f) TO SECTION 13 OF ORDINANCE NO. 3 - 1975 TO PROVIDE GUIDELINES FOR THE FACTUAL DETERMINATION OF VARIANCES AND TO REQUIRE PAYMENT OF A VARIANCE APPLICATION FEE, PROVIDING AN EFFECTIVE DATEo -2- BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Section 1 of Monroe County Ordinance No. 3 - 1975 be and the same is hereby amended to read as follows: "Section 1. Statement of Legislative Intent. The coastal areas of Monroe County, Florida, 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. And whereas the Board of County Commissioners of Monroe County, Florida 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 Federal Insurance Administration of the Depart- ment of Housing and Urban Development, 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 main- tains certain flood plain management regulations consistent with Federal criteria as set forth in Title 24, Code of Federal Regu- lations Parts 1909, 1910, 1911, 1914, 1915 and 1917. And, whereas the Administrator of the Federal Insurance Administration has previously identified Monroe County, Florida as being a Coastal High Hazard Area and therefore, the provisions of Section 1910.3 (e) of Title 24, Code of Federal Regulations must be adopted and adhered to by Monroe County in order to maintain continued participation in the program. It is therefore the intent of the Board that the provisions of this ordinance will be strictly adhered to. II -3- Section 2. That paragraph (a) of Section 4 of Monroe County Ordinance No. 3 - 1975 be and the same is hereby amended to read as follows: "(a) Buildings located in SFHU or "V" Districts must have the lowest portion of the lowest floor elevated to the level of the 100 year flood. The space below must be kept free of obstructions, but may be covered with breakaway panels 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 100 year flood. Panel boards and a disconnect switch must be located above the 100 year flood level. House sewer and storm drainage systems that extend below the 100 year level shall be provided with automatic 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." Section 3. That paragraph (b) of Section 4 of Monroe County Or dinance No. 3 - 1975 be and the same is hereby amended to read as follows: II (b) Mobile Homes. Effective June I, 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 Districts designated VI though V30 is absolutely prohibited in accordance with Title 24, Section 1910.3 (e) (7), Code of Federal Regulations. -4- The term "existing" as used herein shall mean that on June I, 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 all utilities servicing said lot are connected. Said definition being in accordance with Title 24, Section 1909.1, Code of Federal Regulation definition of "existing mobile home park or mobile home subdivision". After April I, 1977, all mobile homes so qualifytng for placement in existing zoned and platted mobile home parks and subdivisions. A mobile home so 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 eight (8) feet. 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 eight (8) foot 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 -5- in a flood-prone area and that an evacuation plan indicating vehicular access and an escape route is filed with the Disaster Preparedness Authorities. Section 4. That paragraph (e) to Section 13 of Monroe County Ordinance No. 3 - 1975 be and the same is hereby added to read as follows: II (e) Guidelines. When the Board of County Commissioners of Monroe County, Florida shall consider the propriety of granting a variance as permitted by this Ordinance, 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 to comply with this Ordinance. 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 the Ordinance 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. (8) Physical characteristics of construction." -6- Section 5. That paragraph (f) to Section 13 of Monroe County Ordinance No. 3 - 1975 be and the same is hereby added to read as follows: "(f) Application Fee. Each application for a variance hereunder shall be accompanied by a $50.00 application fee made payable to Monroe County, Florida." Section 6. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknowledging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office by the Department of Administration, Division of State Planning pursuant to the requirements of Florida Statutes Section 380.05 and Florida Statutes Chapter 120. I HERE~3Y CERTIFY that this dor.t!m~nt has f I 1 t.tt",'!I'.f''''' ".,.1 b'!." r~viewed or ega 5Ut",,, --,......,...~ ccmh:lt ami that the same meets l!/~;,;: ~'f'J approval RICH AID li, FI\ 't~.: f- Asst. Coor.~y A.t~::~,;>",.i' ~. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA intends to consider the adoption of an Ordinance which amends the County Ordinance Regulating Development within Flood Hazard Districts within the unincorporated areas of Monroe County, Florida. Two public hearings on the adoption of the proposed amendatory Ordinance will be held by the Board at the following times and locations: FIRST HEARING: Tuesday, March 15, 1977 at 7:00 o'clock P.M. at the Marathon County Courthouse, Marathon, Florida. SECOND AND FINAL HEARING: Tuesday, March 22, 1977 at 7:00 o'clock P.M. at the Plantation Key Sheriff's Substation, Plantation Key, Florida. At those times the Board will consider adoption of the following County Ordinance: ORDINANCE NO. - 1977 AN ORDINANCE AMENDING ORDINANCE NOo 3 - 1975 ENTITLED "AN ORDINANCE REGULATING DEVELOPMENT WITHIN FLOOD HAZARD DISTRICTS WITHIN THE COUNTY OF MO~~OE, FLORIDA; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; PROVIDING DEFINITIONS; RE- QUIRING BUILDING PERMITS WITHIN COASTAL FLOOD HAZARD DISTRICTS; PROVIDING FOF REVIEW OF BUILDING PERMITS; SUBDIVISION PROPOSALS AND WATER AND SEWER SYSTEMS TO INSURE PROTECTION FROM FLOOD DAMAGE SETTING STANDARDS FOR DEVELOP- MENTS WITHIN COASTAL FLOOD HAZARD DISTRICTS; PROVIDING FOR COUNTY-WIDE APPLICATION; PROVIDING FOR ENFORCEMENT; PROVIDING RULES FOR INTERPRETA- TION OF DISTRICT BOUNDARIES; PROVIDING RULES FOR INTERPRETATION; PROVIDING FOR VARIANCES AND ESTA- BLISHING A VARIANCE PROCEDURE; GIVING WARNING AND DISCLAI~ffiR OF LIABILITY; PROVIDING FOR SEVERABI- LITY; PROVIDING PENALTIES FOR VIOI~~TIONS; AND PROVIDING AN EFFECTIVE DATE; BY AMENDING SECTION 1 OF ORDIN!".!'~CE NO.3 - 1975 '1'0 EXPAND LEGISI,NEIVE INTENT; BY [I,MENDING PARAGR~PH (a) OF SECTION 4 OF ORDIN!~NCE NO.3 - 1975 '1'0 ~~]'~QUIRE ALL NEW CONSTRUe- TION IN MONROE COUNTY 'EO BE LOCATED LANDWARD OF THE REACH OF THE MEAN HIGH TIDE, TO REQUIRE SAME TO BE -2- ANCHORED BY PILINGS OR COLUMNS, TO PROHIBIT THE USE OF FILL FOR STRUCTURAL SUPPORT, AND TO PROHIBIT MAN- MADE ALTERATION OF SAND DUNES AND MANGROVE STANDS WHICH WOULD INCREASE POTENTIAL FOR FLOOD DAMAGE; BY AMENDING PARAGRAPH (b) OF SECTION 4 OF ORDINANCE NO. 3 - 1975 TO PROHIBIT AFTER APRIL 1, 1977 THE PLACEMENT OF MOBILE HOMES IN MONROE COUNTY EXCEPT IN A LOT IN A THEN EXISTING PLATTED AND PROPERLY ZONED MOBILE HOME SUBDIVISION OR PARK OR LOT WITH TRAILER VARIANCE WHERE SAID LOT HAS ALL UTILITIES SERVING SAID LOT CONNECTED AND STREET OR ROAD SERVICING SAID LOT IN PLACE ALL AS OF APRIL 1, 1977; TO REQUIRE THAT ALL SUCH MOBILE HOMES AFTER APRIL 1, 1977 SO QUALIFYING FOR PLACEMENT BE ELEVATED TO THE MINIMUM HEIGHT OF EIGHT (8) FEET MEAN SEA LEVEL; PROVIDING FOR VARIANCES TO MOBILE HOMES TO BE PLACED AT BELOW 8 FEET IF SAID MOBILE HOME IS SURROUNDED BY MOBILE HOMES WHICH ARE BELOW THE REQUIRED EIGHT (8) FOOT ELEVATION; PROHIBITING THE BUILDING OFFICIAL FROM ISSUING A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY UNTIL THE MOBILE HOME OWNER OR LESSEE SHOWS TO SAID OFFICIAL A RECORDED DEED OR UNRECORDED LEASE WHEREIN THE MOBILE HOME OWNER OR LESSEE 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; TO PROHIBIT THE MONROE COUNTY ZONING BOARD AFTER APRIL 1, 1977 FROM REZONING LAND FOR MOBILE HOME PARKS OR SUBDIVISIONS AND FROM GRANTING MOBILE HOME VARIANCES; BY ADDING PARAGRAPH (e) AND (f) TO SECTION 13 OF ORDINANCE NO. 3 - 1975 TO PROVIDE GUIDELINES FOR THE FACTUAL DETERMINATION OF VARIANCES AND TO REQUIRE PAYMENT OF A VARIANCE APPLICATION FEE, PROVIDING AN EFFECTIVE DATE. DATED at Key West, Monroe County, Florida, this 4th day of February, A.D. 1977. RALPH W. WHITE Clerk of the Circuit Court of Monrbe County, Florida ex officio clerk of the Board of County Commissioners of Monroe County, Florida publish: No later than February 23, 1977 &:")'77') j)ttrttarl! of j;tatt ( l STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 BRUCE A. SMATHERS SECRETARY OF STATE MARY L. SINGLETON Director, Division of Elections 904/488-7690 March 31, 1977 Honorable Ralph W. White Clerk of the Circuit Court Monroe County Key West, Florida Dear Mr. White: Pursuant to the provisions of Section 125. 66 Florida Statutes this will acknowledge your letter of March 28 and certified copy of Monroe County Ordinance No. 77-8 which was received and filed in this office March 31, 1977. Kindest regards. Cordially, ~~~ (M s.) ~anctf~~anaugh C ief, Bureau of Laws NK/lds --~ '" > "- I.. , *' \, C\ I "" \ I ," ... "-.':'.:::.;J C~, '.... ,';Ii JF , " CO/.)Ill -"-----.