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Ordinance 014-1988 Building Department ORDINANCE NO. 014 -1988 AN ORDINANCE DECLARING THAT AN EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH' S VOTE; REPEALING SECTIONS 9.5-315, 9.5-316 AND 9.5-317, MONROE COUNTY CODE, WHICH PROVIDE FOR BUILDING CONSTRUCTION REGULATIONS IN AREAS OF SPECIAL FLOOD HAZARD AND SUBSTITUT- ING THEREFOR CERTAIN AMENDED REGULATIONS; PROVIDING FOR THE PURPOSE AND INTENT OF THE FLOOD MANAGEMENT ORDINANCE; REQUIRING THAT ALL STRUCTURES BUILT OR ALTERED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE BE IN COMPLIANCE THEREWITH; ADOPTING BY REFERENCE FEDERAL E~ffiRGENCY MANAGEMENT AGENCY MAPS WHICH SHOW THE AREAS OF SPECIAL FLOOD HAZARD; PROVIDING FOR RULES OF INTERPRETATION; PROVIDING FOR A DISCLAIMER OF LIABILITY ON BEHALF OF MONROE COUNTY FOR ANY FLOOD DAMAGES THAT RESULT FROM RELIANCE ON THIS ORDINANCE OR ON LAWFUL ADMINISTRATIVE DECISIONS PURSU- ANT THERETO; PROVIDING FOR A DEFINITION OF MANUFACTURED HOME FOR THE PURPOSES OF THIS ORDINANCE ONLY; PROVIDING FOR CONSTRUCTION STANDARDS FOR THE ISSUANCE OF BUILDING PERMITS IN AREAS OF THE COUNTY SHOWN AS AREAS OF SPECIAL FLOOD HAZARD ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY MAPS; PROVIDING ADDITIONAL CONSTRUCTION STANDARDS FOR NONRES- IDENTIAL CONSTRUCTION; PROVIDING ADDITIONAL CONSTRUCTIONS STANDARDS FOR MANUFACTURED HOMES AND CERTAIN EXEMPTIONS THEREFROM; PROVIDING FOR ADDITIONAL CONSTRUCTION STAN- DARDS FOR STRUCTURES SHOWN ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY SPECIAL FLOOD HAZARD MAPS AS BEING IN AREAS OF COASTAL HIGH HAZARD; PROVIDING THAT NO BASEMENT MAY BE CONSTRUCTED IN MONROE COUNTY UNTIL SUCH TIME AS A VARIANCE IS APPROVED UNDER 44 C.F.R. 60.6 (b); PROVIDING THAT NO ENCLOSURES BELOW BASE FLOOD ELEVATION SHALL BE BUILT FOR USE AS A KITCHEN, DINING ROOM, FAMILY ROOM, RECREATION ROOM, BEDROOM OR BATHROOM AND PROVIDING CERTAIN EXEMPTIONS THERETO; PROVID- ING THAT NONSUBSTANTIAL NONCUMLATIVE IMPROVEMENTS MAY BE CONSTRUCTED BELOW BASE FLOOD ELEVATION WITHOUT A VARIANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Federal Emergency Management Agency has mandat- ed that Monroe County make certain changes in the County's floodplain management standards or be jeopardized by the countywide loss of the availability of federally subsidized flood insurance; and WHEREAS, the County only has until March 1, 1988, to put such changes in place; and WHEREAS, the time required in the course of normal ordinance implementation procedure is too lengthy to allow for adoption by FEMA's March 1st deadline thereby making time of the essence; and WHEREAS, the amendments mandated by the federal government, a superior sovereign, do not involve the rezoning of any real property or any regulation attendant thereto, but rather cover building construction standards for certain flood prone areas; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. An emergency is hereby declared and notice waived by a four-fifth's vote. Section 2. Sections 9,5-315, 9,5-316, and 9.5-317, Monroe County Code, are hereby repealed and the following sub- stituted therefor: Sec 1. Purpose and Intent. It is the purpose of the floodplain management provisions 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 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. C. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters. D. Control filling, grading, dredging and other develop- ment which may increase erosion or flood damage. E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. 2 F. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. G. To minimize prolonged business interruptions. H. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in floodplains. I. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such manner as to minimize future flood blight areas. J. To ensure that potential home buyers are notified the property is in a floodplain area. The Board of County Commissioners deem it in the best interest of its citizens that prudent measures be taken to minimize the potential public and private loss due to flooding. It is the intent of the Board of County Commissioners that the County at all times be eligible for, and receive, the benefit of participation in the National Flood Insurance Program. It is therefore the intent of the Board that the provisions of this Ordinance be strictly adhered to. Sec. 2, General Provisions A. Applicability, No structure or manufactured home hereafter shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance, in addition to other applicable regulations of this chapter. B. Adoption of Maps. 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 revisions thereto, are adopted by reference and declared to be a part of this Ordinance, and shall be kept on file, available to the public, in the offices of the County Planning Department. C. Rules for Interpreting Flood Hazard Issues. The boundaries of the flood hazard areas shown on the official Flood 3 Insurance Rate Maps may be determined by scaling distances. Required interpretations of those maps for precise locations of such boundaries shall be made by the Building Official, in consultation with the Director of Planning. In interpreting other provisions of this Ordinance, the Director of Planning shall be guided by the current edition of the Local Official's Floodplain Management Handbook. Additionally, the Building Official shall also obtain, review and reasonably utilize any base flood elevation and f100dway data available from a federal, state or other source, as a criteria for requiring that new construction, substantial improvements, or other developments meet the criteria required in the appropriate flood zone. Where the phrase "substantial improvement" appears in this Ordinance it shall have the meaning ascribed to it in Sec. 9.5-4 (S-18), Monroe County Code. "Cumulative substantial improvement" means that improvement which is not substantial by itself but, when added to all prior nonsubstantia1 improvements to the original structure, would cause all the improvements to be substantial if permitted at one time. D. Warning and Disclaimer of Liability. The degree of flood protection required in this Ordinance is reasonable for regulatory purposes and is based on scientific and engineering considerations, Larger floods can and will occur on rare oc- casions. Flood heights may be increased by manmade or natural causes. This Ordinance 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 Ordinance shall not create liability on the part of Monroe County or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. E. For the purposes of this Ordinance only, a manufactured 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. The term also includes park trailers, travel 4 trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. Sec. 3. Standards for Issuance of Building Permits in Areas of Special Flood Hazards. A. Generally. In all areas of special flood hazard, the following standards apply: 1. All new construction and cumulative substantial improvements shall be adequately anchored by pilings or columns to prevent flotation, collapse, or lateral movement of the structure. No fill shall be used for structural support. 2. All new construction and cumulative substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. All new construction and cumulative substantial improvements shall be constructed by methods and practices that minimize flood damage. 4. All new or replacement water supply systems shall be designed and constructed by methods and practices that minimize flood damage. 5. All new or replacement sanitary sewage systems shall be designed and constructed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. Joints between sewer drain components shall be sealed with caulking, plastic or rubber gaskets and all manhole covers shall be sealed in a similar manner. 6, On-site waste disposal systems shall be located and constructed to minimize or eliminate damage to them and contamination from them during flooding. 7. Any alteration, repair, reconstruction or improvement to a structure which already is in compliance with the provisions of this Ordinance shall meet the requirements of new construction as contained in this Ordinance. 5 8. No man-made alteration of sand dunes, dune ridge, mangrove stands or wetlands shall be allowed which would increase potential flood damage. 9. All new construction shall be located landward of the reach of mean high tides. 10. All agreements for deed purchase agreements, leases, or other contracts for sale or exchange of lots within areas of special flood hazard must carry the following flood hazard warning prominently displayed on the document: FLOOD HAZARD WARNING This property may be subject to flooding. You should contact the County Department of Planning and obtain the latest infor- mation regarding flood elevations and restrictions on development before making use of this property, B. Additional Standards. In all areas of special flood hazard where base flood elevation data has been provided the following provisions are required: 1, Residential Construction. a. New construction or cumulative substantial improvement of any residential structure shall have the lowest floor elevated at or above the base flood elevation level. b. Electrical and mechanical equipment servicing an elevated structure except that elevators may be elevated at or above the base flood elevation level. c. Sewer and storm drainage systems which extend below the base flood elevation shall be provided with automatic back flow prevention valves or devices installed at the point where the line passes an exterior wall or slab. d. Except as noted in Sec. 3(B)(6) of this Ordinance, the space below the lowest floor of an 6 elevated structure shall be used exclusively for parking of vehicles, elevators, limited storage or building access purposes. Such spaces may be enclosed under the following conditions: (i) Walls of any enclosed area must be designed and constructed in a manner to prevent flotation, collapse and lateral movement of the structure. (ii) The walls of any enclosed area, which do not meet the breakaway standards, shall be provided with openings such as vents, louvers, or automatic valves which permit the level of floodwaters within the enclosed area to match the rising and falling of floodwaters on the outside of the structure. Openings shall be provided having a minimum net area of one square foot (1 sq. ft,) for each one hundred forty-four square feet (144 sq. ft.) of enclosed area. Openings shall be situated such that the bottom of the opening is no lower than one foot (1 ft.) above grade and no higher than two feet (2 ft.) above grade. (iii)Enc1osed areas below the base flood elevation shall be provided with air vents extending above the base flood elevation to prevent the entrapment of air within the enclosure by floodwaters. (iv) Interior wall, ceiling and floor materials located below the base flood elevation must be of unfinished materials which are resistant to flood damage, except that materials required by applicable fire codes shall be permitted. (v) Necessary electrical switches for required lighting circuits may be located 7 below the base flood elevation provided they are of the outdoor water resistant variety on a separate ground-fault protection circuit breaker and do not exceed the minimum number required by law. Except for elevator equipment, electrical receptacles shall not be located below the base flood elevation. (vi) Walls constructed entirely of wood lattice work or screen mesh shall be considered as satisfying the requirements of subsections (i) and (ii) above. (vii)The area enclosed below the base flood elevation shall not be used for human habitation. (viii) No area in excess of 299 square feet shall be enclosed without a variance granted under the terms of Sec. 9.5-127, Monroe County Code. 2. Nonresidential Construction. a. New construction or cum1ative substantial improvements of any commercial, industrial or other nonresidential structure either shall have the lowest floor, including basement, elevated to or above the base flood elevation, or together with attendant utilities and sanitary facilities, shall have water permeable walls and structural components capable of resisting the hydrostatic and hydrodynamic loads and effects of buoyancy associated with the base flood. Flood-proofing design and methods shall be consistent with the provisions for building classifications FPl and FP2 and space classifications WI and W2 as described in the U.S. Corps of Engineers manual "Flood Proofing Regulations" (EP 1165 2 314), Office of the Chief of Engineers, U.S. Army, Washington, D.C., June 1972), as amended from time 8 to time. b. Accessory structures at grade elevation shall be permitted for storage or parking purposes provided that they are anchored to prevent flotation, collapse or lateral movement of the structure and do not exceed one hundred twenty-five square feet (125 sq. ft.) of enclosed area and which does not exceed $3,000.00 in value. Plans for such structure shall be submitted to the Building Official for approval prior to construction. 3. Manufactured Homes. (a) Effective June 1, 1977, no manufactured home not already in place shall be placed within areas of special flood hazard except in existing manufactured home park or subdivision, as hereafter defined. In the event that the Federal Emergency Management Agency eliminates the existing manufactured home park or subdivision requirement of 44 CFR 60.3(c)(12), then no manufactured home may be placed below the base flood elevation. (b) A manufactured home that is to be placed on a qualified lot may be placed at an elevation below base flood elevation provided that: (i) The lot on which the manufactured home is to be placed is located in an existing manufactured home park or subdivision and is contiguous to, and surrounded, by manufactured homes not at base flood elevation. For the purposes of this section, an existing manufactured home park or subdivision is one in which, at the time of application, there are no site built residences or a park or subdivision which is limited to manufactured homes only by the 9 Monroe County Land Development Regulations. In the event the Federal Emergency Management Agency eliminates the existing manufactured home park or subdivision exemption, then the existing manufactured home park or subdivi- sion exemption of this subsection shall no longer be of any force or effect. (ii) The manufactured home so placed will be placed at an elevation equal to that of the surrounding manufactured homes. (c) An existing manufactured home may be replaced without regard to the elevation requirements of these regulations and without need of a variance provided the manufactured home so replaced was at an elevation below the base flood elevation. (d) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (i) Over-the-top ties shall be provided at each end of the manufactured home with one additional tie per side at an intermediate location for manufactured homes less than fifty feet (50') long and two additional ties per side at intermediate locations for manufactured homes of fifty feet (50') or greater length. (ii) Frame ties shall be provided at each corner of the manufactured home with four (4) additional ties per side at intermediate locations for manufactured homes less than fifty feet (50') long and five (5) additional ties per side at intermediate locations for manufactured homes of fifty feet (50') or greater length. 10 (iii)A11 components of the anchoring system must be capable of carrying a force of 2000 pounds for manufactured homes existing on the effective date of these regulations or 4800 pounds for new manufactured homes. (iv) Any additions to the manufactured home shall be similarly anchored. (e) An existing manufactured home which is damaged or otherwise in need of repair, reconstruction, improvement, or replacement - the value of which meets or exceeds 50% of the value of the manufactured home without the repair, reconstruction, improvement or replacement - shall not be repaired, reconstructed, improved or replaced except by a manufactured home which meets the most recent standards promulgated by the Department of Housing and Urban Development in 24 C.F.R. 3280.308(C)(2) and, in addition, meets the standards set forth in Sections 3(B)(3)(b), 3(B)(3)(c), and 3(B)(3)(d), of this Ordinance, as applicable. For the purposes of determining the value of any replacement manufactured homes under this section, the purchase price, as expressed in an invoice from an arms length transaction, in a form acceptable to the Building Official, or the value reflected in the current Records of the Monroe County Property Appraiser, whichever is greater, shall control. 4, High Hazard Areas (V Zones). Within the areas of special flood hazard are areas designated as coastal high hazard areas, which have special flood hazards associated with wave wash. The following provisions shall apply in these areas: (a) All buildings or structures shall be elevated so that the lowest horizontal supporting member (excluding pilings or columns) is located at or 11 above the base flood elevation level, with the space below the lowest supporting member open or constructed with breakaway walls so as not to impede the flow of flood waters. Breakaway walls 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 the provisions of Section 3(b)(4)(f), (g), and (h), of this Ordinance. (b) All buildings or structures shall be securely anchored on pilings, columns, or shear walls. (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. Where shear wall construction is used, the following conditions shall also apply: (i) Shear walls shall be placed parallel to the predominant flow direction of floodwaters and spaced to provide adequate floodwater conveyance beneath the elevated floor. (ii) Shear walls shall be constructed using reinforced concrete. (iii)Except for the placement of the parallel load-bearing walls, the space between the shear walls below the elevated floor shall remain free of obstruction or contain only breakaway wall construction. (d) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with the accepted standards of practice for meeting the provisions of paragraphs (a), (b) and (c) of this subsection. (e) There shall be no fill used as structural support. 12 (f) If any space below the base flood elevation level is to be enclosed, such enclosed areas shall not be used for human habitation. (g) Prior to construction, plans for any structure that will have enclosed space below the base flood elevation level shall be submitted to the Director of Planning, or his designee, for approval. (h) Walls and partitions other than parallel shear walls shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed to break away under the impact of abnormally high tides or wind-driven water without damage to the structural integrity of the building on which they are to be used, and provided the following design specifications are met: (i) A design load limit of 10 to 20 pounds per square foot shall be used as the maximum load range at which breakaway walls will collapse. (i) Compliance with this provision contained in subsection (i) shall be certified by a registered professional engineer or architect. (j) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the base flood elevation level except as provided for in paragraphs (f) and (h) of this subsection. (k) No manmade alteration of mangroves or beach berm system shall be permitted which will increase the potential for flood damage. 5. No basement shall be constructed in the County until such time as a variance is granted to the County under the terms of 44 C.F.R. 60.6(b). 13 6. No enclosure below the base flood elevation shall be constructed or equipped for such uses as a kitchen, dining room, family room, recreation room, bedroom, or bathroom. This prohibition does not apply to: new improvements which are neither substantial nor cumlative; structures whose initial construction began prior to December 31, 1974; legally placed manufactured homes; those structures which are listed on the National Register of Historic Places; or the Florida Inventory of Historic Places; and those structures or manufactured homes for which a variance has been granted pursuant to these regulations or any predecessor floodplain management regulations or any predecessor flood plain management regulations. 7. In no event shall a below base flood elevation variance be necessary for improvements to an existing structure whose initial construction began prior to December 31, 1974 or to a legally placed manufactured home when the improvements are neither substantial nor cum1ative. 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. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 5. 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 6. This Ordinance shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by registered mail to the Secretary of State, State of Florida, PASSED AND ADOPTED by the Board of County Commissioners of 14 Monroe County, Florida, at a regular meeting of said Board held on the 16th day of February, A.D., 1988. (SEAL) A'I'..T1'I.TV 1... KOLHAGE, Clerk Attest: D.tUUH. ~ '6 ~ C,c. _ .e..u"- ~~L'W-- I v - ' o erk ' ADOPTED ~ -- !{c~- f:?; BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~~-~ By Mayor a1.rman FILED WITH SECRETARY OF STATE r2 - c2LJ- ~ 2g EFFECTIVE DATE .--2 " .;<'1 - 'i5;d' RW/jh APPROVED AS TO FOP:/':.1 AND LEGAL surnci' CZ eY~~ 15 .,. 119annp 1.. !\olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL, (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL, (305) 294-4641 BRANCH OFFICE P.O, BOX 379 PLANTATION KEY, FLORIDA 33070 TEL, (305) 862-9253 February 24, 1988 REGISTERED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Emergency Ordinance No. 014-1988 which provides for building construc- tion regulations in areas of special flood hazard and substituting therefor certain amended regulations; etc. This Emergency Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on February 16, 1988. Please file for record. Very truly yours, Danny L. Ko1hage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Shelley Deputy C Enclosure cc: Municipal Code Corp. Mayor E. Lytton County Attorney County Administrator Planning, Building & Zoning Director Fi Ie ~' R SC~ < )U) .Q 2);~ \ '~ ? ~;: l.v!1,l-#/t( ~) : ! Dorothy \'1, Joyce Division Director March 2, 1988 Honorable Danny L. Ko1hage Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Shelley Brown, Deputy Clerk Dear Mr, Ko1hage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of letter/s of and certified copy/ies County Ordinance(s) February 26, 1988 of Monroe Emergency Ord. 88-14 2 . Receipt of relative to: Monroe Ord. 88-16 County Ordinance(s) Corrected copy of Ord. 88-16 (a) which we have filed as same date 2/26/88 as original \'fl~b:WSb J~ ::B:I..l:iul-u+r-p-!} (b) We are returning incorrect copy of Ord, 88-16 We wh::i:=G=I'F =w=e: =l:t=a=v=e= ::::m.fllfltt:,-~ have filed this /t~W~s~4 ordinances in February 29 1988. 3 . this office on 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. s~e~y,~ l~'~~d, Chief Bureau of Administrative Code LC/ mb Enclosure: Incorrect copy 88-16 DIVISION Of ELECTIONS, Room 1801. Tile Capitol, Tallahassee, Florida 32301 f _,., .. ~ ",.. _...-,.