Item U5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 18, 2002
Bulk Item: Yes No X
Division: Growth Management
Departmel1t. Rllildinp
AGENDA ITEM WORDING:
Public hearing to adopt an ordinance amending Sections 9.5-316.1,9.5-316.2, and 9.5-317, Monroe
County Code [Floodplain Management Regulations].
ITEM BACKGROUND:
On April 17, 2002, the Board of County Commissioners adopted a resolution approving a Revised
Implementation Plan for the Flood Insurance Inspection and Compliance Program for submittal to
the Federal Emergency Management Agency (FEMA). This Implementation Plan, which was
subsequently approved by FEMA, calls for revisions to the County's floodplain management
ordinance to address deficiencies in the enforcement of these regulations created by the court ruling
on the four year statutes of limitations barring code enforcement prosecution. The proposed
amendments to the ordinance reflect revisions proposed in the Implementation Plan and include
other changes identified by the Planning Commission and public during the public participation and
hearing process.
The Planning Commission recommends approval of the amendments to the regulations except for
one sentence in Section 9.5-317(b)(1)d.(iv), page 8 of the draft ordinance. The Planning
Commission was evenly split over supporting Option 1 (Growth Management Division staff
recommendation) or Option 2.
PREVIOUS RELEVANT BOARD ACTION: BOCC adopted original floodplain management
ordinance on June 11, 1974, and adopted Resolution No. 187-2002 approving Revised
Implementation Plan for the Flood Insurance Inspection and Compliance Program.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval of ordinance with Option I.
TOTAL COST: N/A
BUDGETED: Yes
No
N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/ A YEAR
APPROVED BY: County Attorney X
. sk Management NI A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
X
To follow
Not Required
AGENDA ITEM #:
&(.,-
DISPOSITION:
County of Monroe
Growth Mana~ernent Division
2798 Overseas Highway
Suite 410
Marathon, norida 33050
Voice: 305.289.2500
FAX: 305.289.2536
Board of County Commissioners
Mayor Dixie Spehar, District 1
Mayor Pro Tern Murray Nelson, District 5
Comm. Charles "Sonny" McCoy, District 3
Comm. George Neugent, District 2
"::omm. David Rice, District 4
MEMORANDUM
TO:
Board of County Commissioners
Timothy J. McGarry, AICP /7//J
Director of Growth Manag~Y
November 25, 2002
FROM:
DATE:
SUBJECT:
Proposed Amendments to County Floodplain Regulations:
Chapter 9.5, Article VII, Division 6, Monroe County Code
Overview
The Board of County Commissioners will be asked to consider adopting amendments to the
County's Floodplain Management Regulations at its December 18, 2002, regularly scheduled
meeting. These amendments are primarily intended to respond to actions adopted by the BOCC as
part of the Revised Implementation Plan for the Flood Insurance Inspection and Compliance
Program approved by the Federal Emergency Management Administration (FEMA). This
memorandum provides a policy background on the need for the proposed amendments, a staff
evaluation of the existing regulations and, a description of Planning Commission deliberations on
proposed amendments, and a summary of the major revisions proposed.
Policy Background
The last major revisions made to the floodplain regulations were in June, 2000. At that time, after
considerable public input received at public workshops and hearings, the regulations were relaxed
to reflect the minimum necessary standards to meet FEMA requirements and comply with the
Florida Statutes. The most notable revision was the elimination of the "cumulative cost
requirement" over the life of the structure applied in determining if the 50 percent substantial
threshold requirement was achieved for non-conforming, pre-FIRM, structures.
A subsequent Circuit Court decision eliminated the exclusion of floodplain violations from the
four-year statute of limitations governing prosecution of code violations. In the opinion of FEMA,
this court decision rendered the County's floodplain ordinance as unenforceable. Ironically, at the
insistence of FEMA, the County had specifically amended Section 6.3-14 of the Monroe County
Code in the early 1990s to exclude floodplain violations from the four year statute of limitations
governing prosecution of code violations.
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Page] of6
When the Board of County Commissioners (BOCC) entered into negotiations with FEMA to
initiate the Flood Insurance Inspection Program, that agency required the County to submit a
remedial implementation plan to address this deficiency in order to avoid probationary status
scheduled to begin on May 31, 2002. The remedial plan was necessary to demonstrate to FEMA
how the County would ensure that no additional new unlawful structures would be created and
how the County would bring into compliance existing structures with violations four years or
older.
On April 17,2002, the BOCC adopted Resolution #187-2002 (Exhibit 1) approving the remedial
implementation plan. An essential element of the remedial implementation plan, which was
approved by the FEMA, calls for the application of restrictive covenants on any permitted enclosed
below base flood enclosure with an opaque covering to allow the County the right to inspect the
structure to ensure compliance with the floodplain ordinance. The remedial implementation plan
also calls for a restrictive covenant to be placed on any downstairs structure found to have unlawful
improvements during the Flood Insurance Inspection Program that will require a demolition permit
to be brought into full compliance with the floodplain management regulations.
Review of Existing Ordinance
The County Growth Management Division staff initiated its review of the existing floodplain
management ordinance soon after the action taken by the BOCC on the remedial implementation
plan. The staff focused its revision efforts on: expanding the requirement for a restrictive covenant
to include all enclosed below base flood structures with opaque coverings; reorganizing and
clarifying the existing language; and providing more definitions.
While preparing its proposed amendments to the floodplain regulations, the staff also reviewed
recommendations of the Citizen Code Committee contained in its "Final Report" dated July 17,
2002. The following are the staff responses to that committee's floodplain management
recommendations:
o Elimination of requirement for deed restriction, affidavits, and mandatory
inspections for finished materials. The Committee believes this existing
requirement for finished materials used in below base flood elevation enclosures
shows a basic distrust of the County residents. Unfortunately, the Florida law that
limits the County's right to enter dwellings for code compliance and the four-year
statute of limitations on prosecution of code violations leave the County no viable
option. Without the restrictive covenant provisions to allow County inspections,
FEMA would find the County's floodplain regulations unenforceable. The number
of violations (estimated 5,000 to 7,000) attests to the problems in enforcing the
floodplain regulations and the need to ensure that property owners won't just
continue to make illegal improvements to these properties after the flood insurance
inspection program is completed. Therefore, the BOCC made this commitment to
require these restrictive covenants as part of its remedial implementation plan; any
change in this approach may jeopardize the County's compliance with this FEMA
approved plan.
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Page 2 of6
o Limited storage should be changed to simple "storage" to allow for household
good and other items. Unfortunately, limited storage, as defined in the FEMA's
regulations, policies, technical bulletins, and interpretive guidance, does not allow
the storage of furniture or other indoor articles in below base flood enclosures.
Therefore, the definition of what constitutes "limited storage" can not be expanded
to be less restrictive.
o Floodplain standards should be the minimum required In its last revision, the
County adopted the most minimum level of floodplain standards that was consistent
with the FEMA regulations and the Florida Statutes. The proposed regulations are
more restrictive than the minimum, because the need to include the requirement for
restrictive covenants, if property owners choose to enclose their below base flood
structure with an opaque covering. Many other coastal communities have banned
opaque coverings of below base flood enclosures altogether because of the
enforcement problems with such improvements.
o Require a new certificate of occupancy when a residence changes ownership to
ensure compliance with regulations. Although the staff did not investigate the
legality of such an approach in Florida and the administrative issues related to its
implementation, the bottom line is what would it accomplish? It would provide
new homeowners with real information on their purchase concerning compliance of
their property with County Code; however, the four-year statute of limitations
would preclude any violations of four or more years old from being corrected and
the structure brought into compliance. The County simply could not withhold
granting a certificate of occupancy based on any violation greater than four years
old.
o Allow recreational uses of space in enclosed below base flood enclosures.
Unfortunately, recreational use (such as a workshop) is considered by all FEMA
regulations and policies as disallowed habitable use of below base flood enclosed
space. The County used to allow such uses, until FEMA put an end to this practice
in the early 1980s.
Planning Commission Hearings
The staff's proposed amendments to the County's floodplain management regulations were
considered at three public hearings held by the Planning Commission. As a result of input from the
public and deliberations by the Planning Commission, additional revisions were made to the draft
amendments initially proposed by County staff.
The Planning Commission was able to reach agreement on all proposed revisions to the regulations
except for Section 9.5-317 (b)(I)d.(iv). As shown in Attachment A of the Planning Commission's
resolution (Exhibit 2) recommending approval of the revised amendments, the Planning
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Page 3 of6
Commission was evenly divided between supporting the staff's recommended language (Option I)
and substitute language proposed by two of the Commissioners (Option 1).
Option 1 language excludes materials and finishes normally associated with living areas
constructed above base flood elevation from areas below base flood elevation. This policy has been
one historically followed by County staff. Option 2 would allow these materials in living areas
below base flood as long as the materials used were not below base flood.
The staff recommended against Option 2 because it further encourages property owners to use
and/or make improvements to downstairs that are not compliant with the floodplain management
regulations. In his letter to Dianne Bair (Exhibit 3), Mr. Brad Loar, Chief of Community
Mitigation Program Branch for FEMA Region IV stated that this option weakens the flood plain
management ordinance, which would go against the County's pledge and agreement with FEMA to
discourage the further conversion of uninhabitable enclosures to full living areas, even if restrictive
covenants are put in place. Therefore, the County staff is concerned that such language may
further complicate the County's relationship with FEMA and sends the wrong message to the
public, especially in cases where a significant portion of a subject enclosure is above base flood
elevation.
Proponents of Option #2 believe that such improvements should be permitted because they are not
an insurance issue, as such improvements in below base flood areas are not insured under the
National Flood Insurance Program. Furthermore, Federal policy directives strongly recommend
against, but do not explicitly prohibit the use of such materials in enclosed parking and storage
areas as long as the materials are applied to above base flood elevated areas of the enclosure.
The Planning Commission also requested that language be included in the proposed amendments
that requires that the form of the proposed restrictive covenants to be applied to subject properties
be approved by that body. A copy of the proposed restrictive covenant approved by the Planning
Commission is attached as Exhibit 4.
Major Recommended Amendments
The proposed ordinance amending the County's floodplain management regulations is attached as
Exhibit 5. Added new text is underlined and deleted text is shown with a striketlKougft. Where
appropriate, explanatory footnotes are provided in cases where such new language is not primarily
"housekeeping" in nature.
The following are the most significant amendments proposed for the floodplain management
regulations:
o Section 9.5-316.2m, definitions-Market Value: Modifies the procedural process for
approving cost approach appraisals by eliminating the role of the Construction Board of
Adjustment and Appeals and replacing it with a process involving the building official and,
if necessary submittal to and review by an independent third party appraiser. The
Construction Board of Adjustment and Appeals has not been comfortable evaluating
\ \GMD0059\tim\DOCUMENT\AGENDA \floodamendsr.doc
Page 4 of6
appraisals submitted by professional appraisers that are used to determine the substantial
damage threshold. The revised process allows such appraisals to be approved by the
Building Official. If the Building Official finds problems with the submitted appraisal, it
would then be sent to an independent third party professional appraiser to determine if the
cost appraisal is reasonable and can be used to establish market value for application of the
floodplain management regulations. [It should be noted that in many communities, the
Building Official has full and final authority to make determinations of the substantial
damage threshold.]
o Section 9.5-317(b)(J)d.(i): Requires as a condition of its building permit that any new
dwelling with an opaque below base flood elevation enclosure or any addition to an
existing enclosed below base flood elevation structure, have a restrictive covenant allowing
the County to inspect the structure at a minimum interval of four years to ensure
compliance with the floodplain management regulations. The restrictive covenant was
proposed as part of the County's Implementation Plan approved by FEMA to address the
four-year statute of limitations problem. The proposed language requires that the restrictive
covenant is approved in form by the Planning Commission. The restrictive covenant
requires that the property owner be given at least 30 days prior written notice by certified
mail before the inspection may occur. It further requires that such inspections are for a
limited purpose (Le. compliance with the floodplain management regulations) and only to
the extent necessary to inspect the downstairs enclosure for such compliance.
o Section 9.5-317(b)(J)d.m:Requires any structure found to have noncompliant, unlawful
improvements during the flood insurance inspection program or through code enforcement
action to have a restrictive covenant similar to that proposed for new construction above.
This language implements the compliance procedures proposed in the County's
implementation plan approved by FEMA for the Flood Insurance Inspection Program. The
restrictive covenant will only be for those structures, which require a demolitionlbuilding
permit to bring the structure into compliance with the floodplain regulations. A restrictive
covenant may be avoided by eliminating any opaque covering of the downstairs enclosure
to allow visual inspection by the County from public right-of-way.
o Section 9.5-317(b)(J )dJiv), first sentence: Expands allowable finishes on interior walls,
ceilings, and floors in downstairs enclosures to include Class 4 materials. This
amendment allows more types of finishes in downstairs enclosures.
o Section 9.5-317(b)ldJiv). Ootion 1: Explicitly codifies historical application of Technical
Bulletin 2-93 requirements governing finishing materials, which was made less clear by
amendments made to the floodplain regulations in 2000.
o Section 9.5-317(b)(J)dJiv), Option 2,: Allows finishing materials normally associated with
living areas constructed above base flood elevation to be used in uninhabitable below base
flood enclosures as long as the finishes are above base flood elevation. As discussed
previously, Option 2 is not recommended by County staff and is not supported by FEMA
staff.
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Page 5 of6
Recommendation
The Growth Management Division staff finds the proposed amendments are consistent with the
Monroe County Year 2010 Comprehensive Plan and Chapters 163 and 380, Florida Statutes and
recommends that the Board of County Commissioners adopt the proposed ordinance that includes
language contained in Option 1 [Section 9.5-317(b)(I)d.(iv)].
Exhibit 1
Resolution 187-2002: Revised Implementation Plan for Flood Insurance Inspection
and Compliance Program
Exhibit 2
Planning Commission Resolution No. 69-02 Recommending Approval of Proposed
Amendments to the Floodplain Management
Exhibit 3
Letter to Ms. Dianne Bair from Brad Loar, FEMA, Region IV
Exhibit 4
Proposed "Limited Storage and Parking Restrictive Covenant"
Exhibit 5
Proposed Ordinance Amending Sections 9.5-316.1,9.5-316.2, and 9.5-317, Monroe
County Code [Floodplain Management Regulations]
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Page 6 of6
County of Monroe
Growth Management Division
2798 Overseas Hizhway
Suite 410
Marathon, florida 33050
Voice: 305.289. 2500
FAX: 305.289. 2536
Board of COtL'ltv Commissioners
Mayor Dixie Spehar, District I
Mayor Pro Tern Murray Nelson, District 5
Comm. Charles "Sonny" McCoy, District 3
Comm. George Neugent, District 2
Comm. David Rice, District 4
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy J. McGarry, AICP /YVl
Director of Growth Manage~t (
DATE:
December 13, 2002
SUBJECT:
Proposed Amendment to Section 9.5-316.2 (b) for Incorporation
in Draft Ordinance Amending County Floodplain Management
Regulations: Agenda Item U-5
Subsequent to its recommended approval by the County Planning Commission of proposed changes to the
County's floodplain management regulations, the Building Department staff has been made aware that the
language in Section 9.5-316.2 (b) in the draft ordinance is confusing and does not accurately reflect
foundations requirements. This language had been taken word for word from Section 6-16.1 of the Monroe
County Code.
To clean up the language, the staff recommends that Section 316.2 (b) be revised in the proposed ordinance
amending the floodplain regulations as follows:
"(b) All building foundations shall rest directly on natural rock, on concrete piling driven to
rock or on friction piling (concrete or wood) and shall be anchored to such rock sHfJpert by
holes, sixteen (16) inches in minimum diameter, augered into said rock a minimum depth
of three (3) feet and reinforced by a minimum of four (4) number -4-five (#5) vertical
rods extending up into the piers above a minimum of eighteen (18) inches and tied to the
vertical steel of the pier. Wooden pilings shall be locked into sixteen (6) inch auger
foundations by number five (#5) rebar extending through the piling and three (3) to five (5)
inches beyond."
In adopting the proposed ordinance, the staff recommends inserting the above proposed language to replace
the current draft language proposed for Section 9.5-316.2(b).
cc: Board of County Commissioners
Danny Kolhage, County Clerk
James L. Roberts, County Administrator
James Hendrick, County Attorney
EXHIBIT 1
RESOLUTlON187 -2002
A RESOLUTION AMENDING RESOLUTION NO. 115-2002 OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
APPROVING A REVISED IMPLEMENTATION PLAN FOR THE
FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM
FOR SUBMITfAL TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY
WHEREAS, the Board of County Commissioners ("BOCC") adopted Resolution No.
115-2002 on March 20, 2002, approving a remedial plan for submittal to the Federal Emergencv
~ .
Management Administration (FEMA), called the "Implementation Plan for Monroe County Flood
Insurance Inspection and Compliance Program" to meet one of the requirements identified in a
letter from FEMA's Region N Director, dated January 14,2002; and,
WHEREAS, FEMA Region N office has responded to the remedial plan approved by
the BOCC in a letter dated April 2, 2002, which requests that the County revise the plan to
provide more detail on how the County will address structures more than four-years old in the
inspection program;
WHEREAS~ the Growth Management Division staff, in consultation with FEMA Region
IV staff, has prepared a revised remedial plan that addresses the need for further clarification and
detail requested by FEMA; and,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMlSSIONERS OF
MONROE COUNTY~ FLORIDA tbat:
Section 1. The BOCC hereby amends Resolution No. 115-2002, by replacing Exhibit 1,
"Implementation Plan for Monroe County Flood Insurance and Inspection and Compliance
Program", with a new Exhibit 1 which is hereby attached.
Section 2. The County Administrator is directed to expeditiously transmit this Resolution
and attached exhibit to the Region N office of FEMA.
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C"") l.l.J ~SSED AND ADOPTED Board of County Commissioners of Monroe County at a
':':'re~..ieeting of said Board' held on the 17lb day of April, A.D., 2002.
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-Ju_
C4 ~o::~ Mayor Charles 'Sonny' McCoy
~ -.i~S Mayor Pro Tem Dixie Spehar
C::: ::::5l.l.J Commissioner George Neugent
~ ~u~ (_ Commissioner Nora Williams
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BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: a
Mayor/chairrq
C:\TEMP\resolutionimplan l.doc
EXHIBIT 1
IMPLEMENTATION PLAN FOR
MONROE COUNTY
FLOOD INSURANCE INSPECTION AND
COMPLIANCE PROGRAM
Flood Insurance Inspection Program
o Prior to March 14, 2002, the Growth Management Division staff submitted a
complete list of the names and addresses of owners (policy holders provided by
FEMA) of an structures less than four years old that may contain possible
violations of the County's floodplain regulations to the Federal Emergency Flood
. Insurance and Mitigation Division (FEMA/NFIP).
o Starting in June, 2002. the County Growth Management Division staff will submit
monthly to FEMAlNFIP, the names and addresses of approximately +50 owners
(policy holders) of structures with possible violations of the County's floodplain
regulations. The lists to be compiled and sent to FEMA will start with the newest
structures working back through to the oldest structures.
o As the first requests for inspections from property owners come forward after
notification by their insurance companies, the County's Building and Code
Enforcement staff will begin inspections and implement the downstairs enclosure
compliance program as outlined in the Federal Register. [It is anticipated that
actual inspections will not begin until October, 2002, which would mean that
under the inspection program, the first group of unpermitted enclosures and
improvements would not be brought into compliance until mid-2003.]
o During the inspection program, the County staff will collect and record the
amount and number of flood insurance claims submitted for each inspected
structure to provide a data base for calibrating and updating any flood damage
model.
Florida Keys Flood Damage Model
To assist Monroe County in its efforts to bring non-compliant buildings into
compliance with its floodplain regulations, the Monroe County Commission is requesting
that FEMA create or cause to create a Florida Keys flood damage model based on Florida
Keys topography, historical records, and actual flood damage sustained, post-FIRM, by
Florida Keys structures. It is anticipated that such a study could be completed in 2003,
which would allow the County's floodplain compliance program to be modified, if
approved by FEMA, based on the results of the damage model.
C:\ TEM P\remedial fmal.doc
Page I of 4
Remediation of Non-compliant Structures Including Those Older than Four Years
o The Board of County Commissioners will request its delegation to the Florida
Legislature to address the four-year statute of limitations on code enforcement
prosecution of violations of the County's floodplain regulations.
o The County's inspection program will include of all post-FIRM structures.
including those more than four-years old identified as having a potential violation.
The County Commission and its Growth Management Division staff believe that
a significant percentage of structures more than four years old with unpermitted.
non-compliant below base flood elevation improvements will voluntarily come
into compliance through theis multi-year flood insurance inspection program. As
these structures are identified by the County staff through the flood insurance
inspection program, the County will provide a list to FEMA of those structures
. that may have a potential violation. and which will require an inspection. If the
owners of these structures refuse the inspection, their insurance will not be
renewed by their insurer. The propeny owner of any structure inspected by the
County that is determined to have a violation will have six months, if the violation
is more than four years old, or two months, if the violation is less than four years
old, to obtain a demolition permit to bring the structure into compliance. If the
owner of a propeny with an identified violation chooses not to obtain the
demolition permit by the deadline established above, or obtains the demolition
permit but no approved final inspection occurs within 60 days after issuance of
the demolition permit, the County will pursue one of the following actions as
~pplicable:
1) If the violation is less than four-years old, the County will expeditiously
pursue code enforcement action and will formally submit a declaration for
denial of the property owner's insurance to FEMA pursuant to Section
1316 of the National Flood Insurance if the structure is not brought into
compliance.
2) If the violation is beyond the four-year statute of limitations. the County
will submit a declaration for denial of the property owner's insurance to
FEMA pursuant to Section 1316 of the National Flood Insurance Act.
Actions to Ensure No New Additional Non-compliant Structures
o Although the County is currently limited by the four-year statute of limitations as
to code enforcement action, the County through its County Growth Management
Division will implement the following actions to ensure that any new violations
are brought into timely compliance and do not become subject to the four-year
statute of limitations barring code enforcement prosecution:
I) Amend the existing floodplain regulations to require as a condition of its
building permit that any new dwelling with an opaque below base. flood
C:\TEM P\remedial tinal.doc
Page 2 of 4
enclosure have a restrictive covenant allowing the County to inspect the
structure on a periodic basis to ensure compliance with County floodplain
regulations. [Amendments to the floodplain regulations will be in effect
by no later than July, 2002.]
2) Require any structure found to be nO:l-compliant during the flood
. insurance inspection program or code enforcement action have a
restrictive covenant similar as that required for new constrUction proposed
in 1) above, if an opaque below base flood enclosure is to be retained as a
permit condition to bring the strUcture into compliance. [This requirement
will be implemented through the above amendments to the floodplain
regulations. ]
3) Conduct inspections of dwellings with restnctlve covenants to ensure
compliance with the County's floodplain regulations, upon receipt of
evidence establishing probable cause of a violation, or a minimum of once
every four years~
4) Continue to vigorously pursue code enforcement action for violation of the
County floodplain regulations through code enforcement and the normal
permitting process, including prosecution of owners of structures more
than four years old, where property tax records and/or evidence from site
visits provide probable cause of a violation that is less than four years old.
5) Request that FEMA provide the County with a "Submit to Rate" for any
applications for new flood insurance policies on previously uninsured
propenies with a possible violation , so that the County may pursue
compliance under code enforcement proceedings, if the violation is less
than four years old, or if older than four years, through a Section 1316
declaration.
6) Prepare for FEMA' s approval by no later than September 30, 2002, a plan
and administrative procedures, as part of the County flood insurance
inspection program, for providing additional time to come into compliance
for those non-compliant structures with below base flood enclosures
occupied by very low to moderate income households, as defined under
the Monroe County Code. [This proposal recognizes the difficulty in
finding suitable replacement housing for the County's most at-risk
population and would help mitigate the adverse impacts on these
households and the County's affordable housing stock.]
7) Identify and compile for Monroe County's flood insurance inspection and
compliance program a list of all structures that fail to come into
compliance and submit a quanerly progress report to FEMA beginning
July, 2003.
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Page 3 of 4
8) Evaluate Monroe County's flood insurance inspection and compliance
program by June 2004. and if necessary, develop and implement further
remedial actions with FEMA' s approval, to ensure enforcement of the
County's floodplain regulations.
The County Growth Management Division staff has the sufficient resources to implement
the above program over a six year period.
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Page 4 of 4
~.uH.l L.
PLANNING COMMISSION RESOLUTION NO. 69-02
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE
MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR AN
AMENDMENT TO SECTIONS. 9.5-316.1 THROUGH 9.5-317 OF
THE LAND DEVELOPMENT REGULATIONS CONCERNING
AMENDMENTS TO THE FLOODPLAIN MANAGEMENT
ORDINANCE.
WHEREAS. the Monroe County Planning Commission, during regular meetings held on September 11.
2002. September 25.2002 and October 9. 2002 conducted a review and consideration of amendments
to Article VII. Division 6. Sections 9.5-316.1 through 9.5-317 of the Land Development Regulations
concerning the Floodplain Management Ordinance filed by the Monroe County Growth Management
Division; and
WHER~S. the Planning Commission examined the following information:
1. The staff report from Timothy J. McGarry AICP, Director of Growth Management and Dianne Bair
CFM, Floodplain Administrator dated August 19. 2002; and
2. Proposed changes to the Monroe County Floodplain Management Ordinance; and
3. Development Review Committee resolution D 14-02; and
4. Testimony of Timothy J. McGarry AICP. Director of Growth Management and Dianne Bair CFM,
Floodplain Administrator. comments by the public and members of the Planning Commission
WHEREAS, the Planning Commission recommended approval of the proposed ordinance except for
section 9.5-317(b}(1) d. (iv)
WHEREAS. the Planning Commission made the following Findings of Fact:
1. Article XI of Chapter 9.5, the Monroe County Code sets forth the requirements for amending the
text of the land development regulations. Specifically, Section 9.5-511 (d)(5}b identifies six criteria
for amending the land development regulations, one of which must be met. The proposed
amendment is supported by Item (iv). which refers to New Issues.
2. The Board of County Commissioners ("BOCC") entered into negotiations with the Federal
Emergency Management Agency ("FEMA") regarding the Monroe County Insurance Inspection and
Compliance Program. FEMA directed the County to submit a remedial plan in order to avoid
probationary status to ensure no new additional non-compliant structures would occur because of
the four-year statute of limitations ruling by Judge Richard G. Payne. These amendments are the
third phase of that remedial plan adopted by the BOCC resolution 187-2002 and are consistent with
the minimum federal floodplain management regulations set forth in 44CFR Section 60.3.
WHEREAS. the Planning Commission made the following Conclusions of Law:
1. . The proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code.
W:\Planning\Planning Commission Coordinator\Working Folder\PC-DRCIResosDO\P69-02.doc
Page 1 of 3
Initial D~
2. The proposed text amendment is consistent with the minimum requirements set forth in FEMA's 44
CFR parts 60.3 and Florida Statutes 161.55 Requirements for activities or construction within the
coastal building zone.
3. The proposed text amendment is consistent with Policy 217.1.5 of the Monroe County Year 2010
Comprehensive Plan, which provides that Monroe County shall continue to participate in the
National Flood Insurance Program. The proposed text amendment is consistent with Policy 217.1.6,
which provides that Monroe County shall continue to enforce federal, state and local setback and
elevation requirements to promote the protection and safety of life and property.
4. The proposed text amendment is consistent with the goals of the Monroe County Year
2010 Comprehensive Plan; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY FLORIDA, that based
on the preceding Findings of Fact and Conclusions of Law, it RECOMMENDS APPROVAL to the
Monroe County Board of County Commissioners amendments to Sections 9.5-316.1 through 9.5-317 of
the Mo,nroe County Land Development Regulations concerning the Floodplain Management Regulations
except for language as shown in attachment A.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting
held on the 9th day of October 2002.
Commissioner David Ritz (Chair)
Commissioner Jerry Coleman
Commissioner Alicia Putney
Commissioner Denise Werling
Yes
Yes
Yes
Yes
David C. Ritz, Chair
Signed this ~ -rh day of Jo v~e r
,2002.
W:\Planning\Planning Commission Coordlnator\Working Folder\PC-DRC\Resos.DO\P69-02.doc
Page 2 of 3
Initial
Staff Recommendation:
Commissioner Ritz
Commissioner Werling
Commissioner Coleman
Commissioner Putney
ATTACHMENT A
Section 9.5-317(b)(1) d. (iv)
(iv) Interior walls, ceilings and floors in enclosures may be finished
with a class 4 or 5 exterior finish in accordance with FEMA Technical
Bulletin 2-93. Technical Bulletin 2-93 limits the finish to basic wall,
ceiling and floor construction. This is meant to exclude the use of
materials and finishes normally associated with living areas constructed
above the base flood elevation.
NO
YES
NO
YES
PlanninQ Commission amendment:
Commissioner Ritz
Commissioner Werling
Commissioner Coleman
Commissioner Putney
(iv) Interior walls, ceilings and floors in enclosures may be finished
with a class 4 or 5 exterior finish in accordance with FEMA Technical
Bulletin 2-93. Technical Bulletin 2-93 limits the finish to basic wall, ceiling
and floor construction. This is meant to exclude the use of materials
and finishes normally associated with living areas constructed above the
base flood elevation from those areas of the enclosure located below the
base flood elevation.
YES
NO
YES
NO
WIPlanninglPlanning Commission CoordinatorlWorking FolderlPC-DRCIResos.DOIP69-02.doc
Page 3 of 3
Initial~
EXHIBIT 3
Federal Emergency Management Agency
Region IV, Mitigation Division
3003 Chamblee-Tucker Road
Atlanta, GA 30341
October 2, 2002
Ms. Diane Bair, CFM
Floodplain Coordinator, Monroe County
2798 Overseas Highway
Suite 400
Marathon,FL 33050
Dear Ms. Bair:
This is in response to your letter of October 1, 2002, referencing the issue of finished areas both
above and below the base flood elevation (BFE) in lower level enclosures. From your letter, it
appears that the County desires to amend their ordinance to allow enclosures to have finished areas
as long as they are above the base flood elevation. As you are aware the regulations contained in
44 CFR 60.3 and various Technical Bulletins address unfinished and flood resistant materials.
The guidance addresses the issue to apply only to areas below the base flood elevation. That
implies that enclosed areas beneath elevated buildings can have finished areas above the base
flood elevation.
In Monroe County, the present ordinance and building climate has had mixed results on
controlling the degree of finished and non-flood resistant materials throughout the entire
enclosure. By amending !he ordinance to specifically allow finished and non-flood resistant
construction above the base flood elevation in these enclosures would further exacerbate a
problem that both FEMA and the County agree exists. This is likely to be the case even with
restrictive covenants in place. In addition, as part of the agreement with the County pursuant to
accepting an Insurance Inspection Program in lieu of probation/suspension, it was the County's
charge and commitment to develop ways to discourage the further conversion of uninhabitable
enclosures to full living areas. Weakening your flood ordinance goes against this agreement and
pledge from the County.
Sincerely,
i~,~. r, 0/\S~"t
.~'j""'____/ / J~:" ~7/1
---.0;..- _-'->/........,-....I:::..---L-X-
Brad G. Loar, CFM, Chief
Community Mitigation Programs Branch
Federal Insurance and Mitigation Division
LIMITED STORAGE AND PARKING
RESTRICTIVE COVENANT
WHEREAS, , the undersigned is/are the sole owner(s) of the following
described real property located in Monroe County, Florida described as follows:
Lot(s):_, Block:_Sub:
PB:
Real Estate Number:
:Permit No.
WHEREAS, this Limited Storage and Parking Restrictive Covenant prohibits enclosed
areas below the above described elevated building from being constructed as, converted
to or equipped for habitational use and said enclosed area shall be restricted to entry or
limited storage and parking only;
NOW, THEREFORE, Pursuant to Section 9.5-317(b)(1 )d.(1) of the Monroe County
Floodplain Management Regulations the undersigned agree as follows:
· The property described above at paragraph 1 shall be entitled to enclose area
below the elevated building for entry or limited storage and parking only.
· This covenant authorizes an inspection of the enclosed area below the elevated
building once every four years or upon probable cause that a violation of the
Monroe County Floodplain Management Regulations exists.
· This covenant authorizes the County or its agents access to the property for the
limited purpose and only to the extent reasonably necessary to inspect the
enclosure constructed below base flood elevation for compliance with the Monroe
County Floodplain Management Regulations. Such inspections shall only take
place between the hours of 8:00 AM and 5:00 PM weekdays, excluding state and
federal holidays, upon prior written notice of not less than thirty (30) days sent by
certified mail to the owner at the current postal address maintained by the Monroe
County Property Appraiser.
· The restrictions herein shall be binding upon the representatives, heirs, assigns
and successors in title of the undersigned; it being the intention of the undersigned
by execution and recording of this document that this restriction shall run with the
land and shall be binding in perpetuity upon the successors in title; and
· This covenant is intended to benefit and run in favor of the County of Monroe; and
· In the event of a violation of this covenant, the County may enforce the covenant
by injunction or such other legal remedy, as the County deems appropriate. In
any action to enforce or defend these covenent provisions the prevailing party in
any litigation shall be entitled to reasonable legal fees.
EXECUTED ON THIS
day of
WITNESSESS:
OWNER OR OWNERS:
(Signature)
(Signature)
(Print/Type Name)
(Signature)
(Print/Type Name)
Sworn before me this
day of
A.D.
Notary Public (Print Name)
This instrument was prepared by:
Notary Public (Signature)
My Commission Expires
2
EXHIBIT 5
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 9.5-316.1, 9.5-316.2, AND
9.5-317, MONROE COUNTY CODE; PROVIDING FOR
REORGANIZATION; PROVIDING FOR DEFINTIONS; PROVIDING
FOR RESTRICTIVE COVENANTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HERWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE; AND
DIRECTING THE CLERK OF THE BOARD TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The County Commission at their meeting held at the County Courthouse in Key West,
Florida, June 11, 1974, passed unanimously Ordinance 2-1974 and by their action duly expressed
willingness to take action necessary to meet the objectives of the National Flood Insurance Act of
1968; and
WHEREAS, the latest floodplain maps were adopted by Monroe County on June 5th, 1989; and
WHEREAS, there are now certain new issues and need for additional detail regarding Sections
9.5-316.1, 9.5-316.2, and 9.5-317 of the floodplain management ordinance; and
WHEREAS, the Monroe County Planning Commission sitting as the local planning agency, after
due notice and public participation, has reviewed the proposed amendments and recommends
approval except for the last sentence in Section 9.5-317(bJ(1 Jd.(ivJ; and
WHEREAS, the Board of County Commissioners examined Sections 9.5-316.1. 9.5-316.2 and 9.5-
317, Monroe County Code, concerning amendments to the floodplain management ordinance
submitted by the Monroe County Growth Management Division and recommended by the Monroe
County Planning Commission; and
WHEREAS, The Monroe County Board of County Commissioners hereby supports the decision of
the Planning Commission and recommendations of the Growth Management staff; and
WHEREAS, it is the desire of the Board that the following amendments to the land development
regulations be approved, adopted and transmitted to the state land planning agency for
approval;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
FLORIDA. THAT:
Section 1. Sections 9.5-316.1 and 9.5-316.2. Monroe County Code, are amended to read as
follows (additions and deletions shown in an underline and strikethrough format):
Sec. 9.5-316.1. 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 division in addition to other applicable regulations of this chapter.
Floodplain Amendments
Page 1 of 15
Initials_
(b) Adoption of Maps: The areas of special flood hazard identified by the
Federal Emergency Management Agency (FEMA) in its Flood Insurance Study and
Wave Height Analysis for Monroe County, Florida, Unincorporated Areas, dated
October 17, 1989, or the most current official maps approved by FEMA. with
accompanying maps and other supporting data, and any revisions thereof, are
adopted by reference and declared to be a part of this division, and shall be kept on
file, available to the public, in the offices of the coul1ty planning development.
(c) Rules for Interpreting Flood Hazard Issues: The boundaries of the flood hazard
areas shown on the official flood 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 Floodplain Administrator, in consultation with the
building official. In interpreting other provisions of this division, the building official shall
be guided by the current edition of FEMA's 44 CFR, and FEMA's interpretive letters,
policy statements and technical bulletins as adopted by resolution from time to time
by the board of county commissioners. Additionally, the building official shall also
obtain, review and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source, as criteria for requiring that new
construction, substantial improvements, and other developments meet the criteria
required in the appropriate flood zone.
Sec. 9.5-316.2. Permit requirements.
(a) The county building official shall require building permits for all proposed
construction or other improvements within areas of special flood hazard. In addition
to the standard requirements for a building permit, an application for a building permit
for construction or improvements within areas of special flood hazard shall contain the
information and certifications set forth in a form provided by the director of planning.
(b) All buildina foundations shall rest directly on natural rock, on oilina driven to
rock or on friction oilina and shall be anchored to such rock suooort by holes, sixteen
(16) inches in minimum diameter, auaured into said rock a minimum deoth of three (3)
feet and reinforced by a minimum of four (4) number 4 vertical rods extendina uo into
the oiers above a minimum of eiahteen (18) inches and tied to the vertical steel of the
oier. 1
(c) The developer shall provide a floor elevation 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 lowest horizontal structural
members of the lowest floor. Floodproofing certification shall be provided prior to a
certificate of occupancy or prior to final inspection.
(d) Within twenty-one (21) calendar days of establishment of the lowest floor
elevation, or upon placement of the lowest horizontal structural members of the lowest
floor, whichever is applicable, it shall be the duty of the permit holder to submit to the
building official a certification of the elevation of the lowest floor or the lowest portion
of the lowest horizontal structural members of the lowest floor, whichever is applicable,
as built in relation to mean sea level. Such 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, the
certification shall be prepared by or under the direct supervision of a professional
1 This section moved from deleted section 6-16.1 (7) 1302.9 footings and foundations.
Floodplain Amendments Page 2 of 15
Initials_
engineer or architect and certified by same. Any work done within the twenty-one-
day period and prior to submission of the certification shall be at the permit holder's
risk. The building official shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected by he permit holder
immediately and prior to further progressive work being permitted to proceed. Failure
to submit the surveyor failure to make the corrections required hereby shall be causes
to issue a stop-work order for the project.
Ie) Warning and Disclaimer of Liability: The degree of flood protection required
in this division is 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 division 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 division 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 division or any administrative decision lawfully made
thereunder.
If} Definitions: The words and ohrases used in this division shall have the
meaninas orescribed in this chaoter. exceot as otherwise indicated as follows:
Alteration means anv chanae or modification in construction tYoe. materials. or
occuoancy.2
Development means any manmade 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 or storage of equipment
or materials.
Elevated Building means a non basement building which has its lowest elevated
floor raised above ground level by foundation walls. shear walls, posts, piers,
pilings, or columns.
Enclosure means that portion of an elevated building below the lowest elevated
floor that is either partially or fully shut in by rigid walls and used solely for limited
storage, parking or entryways. Enclosures shall not be constructed, equipped or
used for habitational purposes.
Existina Construction means structures for which the start of construction
commenced before the effective date of the floodolain manaaement
reaulations adooted by the community January 1. 1975. Existina construction is
also known as ore-FIRM structures.
Existina Manufactured Home Park means a manufactured home Dark or
subdivision for which the construction of facilities for servicina the lots, the
construction of the streets. and either final site aradina or the oourina of
concrete Dads is com Dieted before the effective date of the floodolain
manaaement reaulations adooted by the community January 1. 1975 and in
which, at the time of application, there are no site built residences or the park or
subdivision is limited to manufactured homes by this chapter. 3
2 Clarifies "alteration to existing enclosure" pursuant to sec.9.5-3l7(b)( I )d.(i).
3 Adds language consistent with CFR44 definition.
FlOOdplain Amendments Page 3 of 15
Initials_
Finishing Materials means anything beyond basic wall construction pursuant to
FEMA Technical Bulletin 2-93. which" is normally associated with habitable space.
Finishina materials include but are not limited to ceilina mold. trim. baseboards.
decorative finish work. wainscotina. and textured woods.
5.Limited Storage means the storaae of items not subiect to damaae by water or
exposure to the elements such as lawn mowers, rakes. wheelbarrows and similar
outdoor equipment. Limited storage does not apply to household items. indoor
furniture. personal property. tools or other eauipment vulnerable to damaae by
floodwaters.
Manufactured Home means a structure, transportable in one (1) 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 trailers, and similar transportable structures
placed on a site for one hundred eighty (180) consecutive days or longer and
intended to be improved property.
For the purpose of this di'lision, "market valuo" shall bo the Monroe County
Property .'\ppraiser's depreciated value of the structure plus twenty (20) percent.
Tho use of a cost approach appraisal for dotormination of market value may be
used. if such cost approach appraisal is prepared by a certified professional and
such cost approach appraisal is submitted to and approved by the Construction
Board of Adjustmont and Appeals. Market Value means the Monroe County
Property Appraiser's depreciated value of the structure plus twenty (20) percent.
A cost approach appraisal for determination of market value submitted by the
applicant may be used if the County Buildina Official considers such cost
approach appraisal consistent with local construction costs. Where a cost
approach appraisal is not accepted by the staff because it appears to be
inconsistent with local construction costs an applicant may reauest review by an
independent third party appraiser duly authorized by the County. The cost of
independent review shall be borne by the applicant. The reviewina appraiser
shall determine if the appraisal value cost approach reasonably reflects an
appropriate value of the structure. The independent appraiser's determination
shall be in writina. Professionals preparina a cost approach appraisal ~
individuals shall be required to posses certifications as State Certified Residential
Appraisers for appraising one to four family residential properties and State
Certified General Appraisers for all other properties including commercial and
multi residential. Copies of all certified appraisals shall be forwarded to the
office of the county property appraiser. 6
New Construction means those structures for which the "start of construction"
commenced on or after the effective date of the floodplain manaaement
reaulation adopted by the community which is January 1. 1975. New
construction is also known as post-FIRM structures. 7
4 Adds language from Technical Bulletin 2-93 to clarify the difference between basic wall finish and finishes.
5 Adds language consistent with FEMA's policy letter on the "Intent of Storage" for clarification.
6 Market value is amended and moved from 9.5-316.1
7 To identify post FIRM construction consistent with CFR-44.
Floodplain Amendments Page 4 of 15 Initials_
Nonconformina means a structure. imorovement or other develooment
authorized by benefit of a oermit. which is not fully comoliant with the terms of
this division. B
Pure Manufactured Home Park means a Manufactured Home Park which at the
time of aoolication has no site-built residences or a oark or subdivision which is
limited to manufactured homes only by this chaoter. 9
Recreational Vehicle means a vehicle which is: (a) built on a single chassis; (b)
400 square feet or less when measured at the largest horizontal projection; (c)
designed to be self propelled or permanently towable by a light duty truck; and
(d) designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
Start of Construction means (for other than new construction or substantial
imorovements under the Coastal Barrier Resources Act! the date the buildina
oermit was issued. orovided the actual start of construction. reoair.
reconstruction. rehabilitation. addition. olacement or other imorovement was
within 180 days of the oermit date. 10 For substantial imorovements the actual
start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building whether or not the alteration affects the external
dimensions of the building.
Substantial Damaae means damaae of any Orlaln sustained by a structure
whereby the cost of restorina the structure to its before damaaed condition
would eaual or exceed 50 oercent of the market value of the structure before
the damaae occurred. Damaae of any oriain includes but is not limited to
demolition in oreoaration for imorovements. deterioration due to lack of
maintenance and reoair and exoosure to the elements and damaae by acts of
GOd.11
Substantial Improvement means any repair, reconstruction, rehabilitation,
addition, or other improvement the cost of which equals or exceeds 50 percent
of the market value of the structure either (a) before the improvement or repair is
started, or (b) if the structure has been damaged and is being restored, before
the damage occurred. This term includes structures that have incurred
"substantial damage" regardless of the actual repair work performed. The term
does not include either:
(1) Any project for improvement to correct existing violations of state or local
health. sanitary or safety code specifications which have been identified
by local code enforcement officials and which are the minimum necessary
to assure safe conditions or;
1.21 Any alteration of a historic structure provided that the alteration will not
preclude the structures continued designation as a historic structure.
Substantial improvements only apply to structures whose initial construction
began prior to January 1, 1975 (pre-FIRM) or structures rendered
g To differentiate improvements or uses authorized by benefit of a permit from those that are not.
9 To identify those parks eligible for placement of mobile homes on 36" reinforced piers.
10 To clarify the actual date a structure qualifies as pre-FIRM and post-FIRM.
II Moved from 9.5-4(S-19) and defmed consistent with CFR 44 .
Floodplain Amendments Page 5 of 15 Initials_
noncompliant to the elevation requirements because of a change in Flood
Insurance Rate Maps (FIRMs).
Violation means a structure. use or other develooment or imorovement
commenced without benefit of a oermit. 12
Section 2.
Section 9.5-317, Monroe County Code, is amended to read as follows (additions and
deletions shown in an underline and strikethrough format):
Sec. 9.5-317. Standards for issuance of building permits in areas of special flood
hazards.
(a) Generally: No building permit for proposed construction within an area of
special flood hazard shall be granted unless the proposed construction is in
compliance with the standards set forth in this division. In all areas of special flood
hazard, the following standards apply:
(1) All new construction and substantial improvements shall be adequately
anchored by pilings or columns to prevent flotation, collapse or lateral
movement of the structure.
(2) All applications deemed substantial or nonsubstantial must be approved
by the floodplain administrator, director of growth management, or the
building official/director.
(3) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(4) All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
(5) All new or replacement water supply systems shall be designed and
constructed by methods and practices that minimize flood damage.
(6) 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 as similar manner.
(7) On-site waste disposal systems shall be located and constructed to
minimize or eliminate damage to them and contamination from them
during flooding.
(8) Any alteration, repair, reconstruction or improvement to a structure which
already is in compliance with the provisions of this division shall meet the
requirements of new construction as contained in this division.
12 To differentiate from non-confonning improvement or use.
Floodplain Amendments Page 6 of 15
Initials_
(9) Nonconformina uses and construction below elevated post-FIRM buildinas
may not be expanded or improved or repaired from damaaes of any
oriain.13
(10) No man made alteration of sand dunes, dune ridge, mangrove stands or
wetlands shall be allowed which would increase potential flood damage.
(11) All new construction shall be located landward of the reach of mean high
tides.
(12) All agreements for deed, purchase agreements, leases, or other contracts
for sale or exchange of lots within areas of special flood hazard shall 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 growth management division and obtain the latest information
regarding flood elevations and restrictions on development before
making use of this property.
(b) Additional Standards: In all areas of special flood h~zard where base flood
elevation data has been provided the following provisions are required:
(1) Residential construction:
a. New construction or substantial improvement of any residential structure
shall have the lowest floor for zones A 1-30, AE and AH or bottom of the
lowest supporting member for zones VI-30, VE or V elevated at or above
the base flood elevation level.
b. Electrical and mechanical equipment servicing an elevated structure
must be elevated at or above the required base flood elevation.
Elevators may be placed below the required base flood elevation,
although the mechanical and electrical equipment serving the elevator
must be elevated at or above the required base flood elevation.
c. Sewer and storm drainage systems, which extend below the base flood
elevation, shall be provided with automatic backflow prevention valves
or devices installed at the point where the line passes an exterior wall or
slab.
d. Except as noted in paragraph 7 of this subsection (b), the space below
the lowest floor of an 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:
liJ Except for enclosures that are enclosed with lattice or screen. new
enclosures and the expansion or alteration of existina enclosures
below or lateral to elevated buildinas shall reauire a restrictive
covenant in a form approved by the Plannina Commission. Where an
13 Codifies conditions required by FEMA final rule for amnesty for previously permitted nonconforming uses.
Floodplain Amendments Page 7 of 15 Initials_
existina enclosure is found to have unlawful imorovements non-
comoliant with this division, a restrictive covenant shall also be
reauired as a condition for the issuance of a oermit to brina the
enclosure into comoliance. The restrictive covenant shall allow the
Countv to conduct insoections of the subiect enclosure to ensure
comoliance with this division at least once every four vears or uoon
orobable cause that a violation exists. 14
(ii) Walls of any enclosed area must be designed and constructed in a
manner to prevent flotation, collapse and lateral movement of the
structure.
(Hi) The walls of any enclosed area below the base flood elevation in
zones A 1-30, AH and AE on the community FIRM 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. A minimum
of two (2) openings located on separate walls shall be provided
having a minimum total net area of one (1) square inch for each
square foot of enclosed area, where the enclosed area is calculated
by outside dimensions. Openings shall be situated such that the
bottom of each opening is no higher than one (1) foot above finished
grade.
(iv) Interior walls, ceilings and floors in enclosures 300 squarE) feet or less
used for entryways may be finished with an ACOE Rogulations EP
11 e5 2 31 4 a class 4 or 5 exterior finish in accordance with FEMA
Technical Bulletin 2-93. Interior walls, ceilings and floors in all other
enclosed areas may bo finished with an ACOE Regulations EP 11 e5 2
314 class 5 exterior finish in accordance with FEMA Tochnical Bulletin
2 93 if a deed restriction running with tho land is provided. The deed
restriction shall provide notice of prohibition of habitational uses
below base flood elevation. Technical Bulletin 2-93 limits the finish to
basic wall ceilina and floor construction. 15[Language from Option 1 or
2 to be inserted here.]
OPTION 1: This is meant to exclude the use of materials and finishes normallv
associated with livina areas constructed above base flood elevation.
OPTION 2: This is meant to exclude the use of materials and finishes normallv
associated with Iivina areas constructed above base flood elevation from
those areas of the enclosure located below the base flood elevation.
(v) The interior portion of an enclosed area below an elevated building
may not be partitioned except that garages may be separated from
storage and entryway. In the event an existing enclosure is enlarged,
the walls between the existing enclosure and the additional
enclosure must be deleted. Enclosed areas below an elevated
building and laterallv attached enclosed areas below base flood
14 Amended pursuant to the revised implementation plan adopted by Resolution 187-2002.
15 To clarify confusion between finishing materials and basic wall finish pursuant to TB 2-93.
Floodplain Amendments Page 8 of 15
Initials_
elevation must be void of utilities that would service the enclosure
and cannot be temperature controlled. 16.17
(vi) Necessary electrical switches for required lighting circuits may be
located 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 one GFI. electrical receptacles shall not be located
below the base flood elevation.
(vii) Walls constructed entirely of wood lattice work or screen mesh shall
be considered as satisfying the requirements of subsections (ii) and (iii)
above and b.(5) i.
(viii) The area enclosed below the base flood elevation shall not be used
for human habitation.
(ix) Except as noted in (b)(I) b. and d. (vi) of this subsection or required by
an applicable code no electrical. mechanical or plumbing may be
located below the base flood elevation.
(2) Nonresidential construction:
a. New construction or substantial improvements of any commercial.
industrial or other nonresidential structures within zones AI-3D, AE and AH
on the community's flood insurance rating map (FIRM) shall have the
lowest floor (including basement) elevated to or above the base flood
level or, together with attendant utility and sanitary facilities, be designed
so that below the base flood level the structure is water-tight 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. Where a nonresidential
structure is intended to be made watertight below the base flood level. a
registered professional engineer or architect shall develop and/or review
structural design specifications and plans for the construction and shall
certify that the design and methods of construction are in accordance
with accepted standards of practice for meeting the applicable
provisions contained herein. A record of such flood proofing certification
which shall include the specific elevation (in relation to mean sea level)
to which such structures are flood proofed shall be provided to the
building department. Wet floodproofing is not acceptable. New
construction or cumulative substantial improvements of any commercial.
industrial or other nonresidential structures within zones VI-3D, VE or V shall
have the lowest floor, including the basement, elevated to or above the
base flood elevation.
b. Enclosed areas below an elevated structure at grade elevation for
nonresidential. commercial or industrial uses shall be permitted for limited
storage or parking purposes provided that they are anchored to prevent
flotation, collapse or lateral movement of the structure and do not
16 Clarifies this regulation as it applies to structures elevated on fill with attached below base flood elevation enclosures.
17 Amended to allow utilities such as hot water heaters servicing the elevated portion of the building to be placed within
enclosures above BFE.
Floodplain Amendments
Page 9 of 15
Initials_
exceed three hundred (300) square feet of enclosed area and are in
accordance with the requirements of subsection 9.5-317(b)(5)g. for V
zones or subsection 9.5-317 (b)( 1) d. (i) through (ix) for A zones. Plans for
such structure shall be submitted to the building official for approval prior
to construction
(3) Accessory structures:
a. Residential accessory structures: Any prefabricated light metal structure,
which meets the following criteria. may be permitted in A or V-zones if:
(i) The enclosed area is one hundred and fifty (150) square feet or less;
(ii) The fair market value is five hundred dollars ($500.00) or less;
(Hi) The use is limited to storage accessory to a residence; and
(iv) The structure is properly anchored.
Accessory light metal structures which exceed the one hundred and fifty
(150) square feet of enclosed space threshold or concrete or wood
accessory structures built on site regardless of size or value may be
permitted if they meet all of the criteria outlined in subsection 9.5-
31 7 (b)( 1) d. of this division or for V zones the criteria set forth in subsection
9.5-317(b)(5) g. of this division.
b. Nonresidential accessory structures: All nonresidential accessory
structures, or enclosed areas. which meet the following criteria, may be
permitted if:
(i) The enclosed area is three hundred (300) square feet or less;
(ii) The use is restricted to limited storage and parking only;
(Hi) They meet the breakaway wall standards outlined in subsection 9.5-
317(b)(5) i. for V zones or the venting requirements outlined in 9.5-
317(b)( 1 )d.(Hi) for A zones;
(iv) They meet the other requirements as outlined in subsection 9.5-
317(b)(1) d; and 18
(v) The structures are properly anchored.
Accessory structures in an A-zone which exceed the three hundred (300)
square feet of enclosed space threshold may be permitted if they meet
the flood-proofing criteria outlined in subsection 9.5-317(b)(2)a. of this
division. Accessory structures in a V-zone which exceed the three
hundred (300) square feet of enclosed space threshold, are strictly
prohibited.
18 To be consistent but not repetitive with language in Section 9.5-317(b)( l)d.
Floodplain Amendments Page 10 of 15
Initials_
(4) 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 an existing
manufactured home park or subdivision, as hereafter defined. In the
event that the Federal Emergency Ma'1agement Agency eliminates the
existing manufactured home park or subdivision requirement of 44 C.F.R.
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.
(ii) The manufactured homes that are placed or substantially improved
(for other than substantial damage due to a flood) on sites in existing
manufactured home parks or subdivision in flood hazard areas shall
be elevated so that the manufactured home chassis is supported by
reinforced piers or other foundation elements that are no less than
thirty-six (36) inches in height above the grade at the site. A lower
foundation system could be used if the top of the finished floor of the
manufactured home or the bottom of the beam (for V zones) would
be at or above the base flood elevation using such foundation.
(Hi) All other foundations requiring elevation of the structure in order to
meet the floodplain standards must comply with Section 9.5-316.2.(b),
the provisions of subsection 9.5-317(b)(5) or Chapter 18 of the Florida
Building Code whichever is applicable.
c. No solid walled additions may be added to a manufactured home unless
the addition is constructed under HUD (Department of Housing and
Urban Development) standards and contains a HUD seal or the addition
is elevated to or above the base flood elevation. Solid walled additions
elevated to or above the base flood elevation must be constructed with
fourth f41h ) wall construction, or certified bv an enaineer or architect
licensed bv the State of Florida. 19
d. Screen rooms, open decks and porches may be added to a
manufactured home provided the addition is structurally independent
and constructed with fourth (4th) wall construction.
e. All manufactured homes and State approved manufactured offices or
construction trailers for temporary use shall be anchored to resist flotation,
collapse and lateral movement by providing over-the-top and frame ties
to ground anchors as provided for in the most current edition of the
Florida Administrative Code 15.C
19 To be consistent with Section 380.8232 F.S.
Floodplain Amendments
Page 11 of 15
Initials_
f. An existing manufactured home which is damaged or otherwise in need
of repair, reconstruction, improvement, or replacement the value of
which meets or exceeds fifty (50) percent 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 Dep(]rtment of Housing and Urban
Development in 24 C.F.R. 3280.308(C) (2) and, in addition, meets the
standards set forth in subparagraphs b,c, and d of this subsection (bJ(4),
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 using market value, as
determined in section 9.5-316.2. (fl, whichever is greater, shall control.
a. A manufactured home may be altered or modified by enaineering
standards more strinaent than oriainally reauired if the manufactured
home is elevated to or above the reauired base flood elevation. 20
(5) Coastal 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. New construction or substantial improvements within zones Vl-30, VE or V
shall be elevated so that the bottom of the lowest horizontal supporting
member (excluding pilings or columns) is located at or 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 floodwaters. 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
subsection (b) (5) g., h. and i.
b. New construction or substantial improvements shall be securely anchored
on pilings. columns or shear walls.
c. The pile or column foundation and structure attached thereto is
anchored to resist flotation, collapse. and lateral movement due to the
effects of wind and water loads acting simultaneously on all building
components. Water loading values used shall be those associated with
the base flood. Wind loading values shall be those required by American
Society of Civil Engineers (ASCE) Standard number 7. 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; and
20 To allow a manufactured home to be modified to a stronger building code but not promote conversions below the
required base flood elevation.
Floodplain Amendments Page 12 of 15 Initials_
(Hi) 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, band c of this subsection (b)(5).
e. There shall be no fill used as structural support.
f. Nonstructural fill shall not be placed in a V-zone except with an
approved hYdroloaical analysis. 21
g. If any space below the base flood elevation level is to be enclosed, such
enclosed areas shall not be used for human habitation and must meet
the provision of section 9.5-317(b)(1) d. (i) and (iv) through (ix) and 9.5-317
(b)(5) i.
h. Prior to construction, plans for any structure that will have enclosed space
below the base flood elevation level shall be submitted to the building
official or his designee for approval.
i. 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 follmving design specifications are met: that A design load
limit of not less than ten (10) and no more than twenty (20) pounds per
square foot shall be used as the safe load range for breakaway walls.
j. Compliance with the provisions contained in subsection i. shall be
certified by a registered professional engineer or architect.
k. 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 g. and i. of this subsection (b)(5).
I. No manmade alteration of mangroves or beach berm system shall be
permitted which will increase the potential for flood damage.
(6) 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).
(7) No enclosure below the base flood elevation shall be constructed or
equipped for such uses as a kitchen, dining room, family room, recreation
room, office, bedroom, bathroom or workshop. This prohibition does not
apply to new improvements which are not substantial to post FIRM structures
rendered noncompliant by amendments to the flood insurance rate map as
21 To clarify circumstances under which fill may be placed in a V -zone pursuant to (d) and (e) of Purpose and Intent.
Floodplain Amendments Page 13 of 15 Initials_
long as the improvement is at the same elevation the structure was originally
built to; ground level structures whose initial construction began prior to
January 1, 1975; and those structures which are listed on the National
Register of Historic Places, the Florida Inventory of Historic Places or any
inventory of local historic places.
(8) 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 not substantial.
(9) Require that recreational vehicles placed on sites within Zones AI-3D, AH,
and AE, V-130 V and VE on the community's FIRM either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days
and be fully licensed and ready for highway use; or
b. Meet the permit requirements of subsection 9.5-317(b)(4).
A recreational vehicle is ready for highway use if it is on its wheels or internal
jacking system, designed to be self propelled or permanently towable by a
light duty truck, is attached to the site only by quiCk disconnect type utilities
and security devices, and has no permanent attached additions.
Section 3. If any section, subsection, sentence, clause, item, change 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. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or the Administration Commission approving this ordinance.
Section 6. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Department of Community Affairs to determine the consistency of
this ordinance with the Florida Statutes.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Floodplain Amendments
Page 14 of 15
Initials_
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
meeting of the Board held on the day of , A.D., 2002.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Floodplain Amendments
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MA YOR/CHAIRPERSON
'.../
Attorney's Oil;",;;:
Page 15 of 15
Initials_
Dee 17 02 12:11p
DENISE, DON POLLOCK
305 872 9882
Subj:
Date:
From:
To:
FEMA , restrictive covenants
12/17120029:46:22 AM Eastern Standard Time
~~~~aiL state. fl. us, gneugent@mail.state. fl. us, boccdis5@maiLstate.fI.us,
boccdis1@maiLstate.fI.us
p.3
Page I of I
It is illegal and intrusive to your constituents to subject homeowners to this type of "blackmail" in order to do
anything in the way of home improvement at their residence. Code enforcement in this County has become so
forceful it is not like living in the Us. What has happened in this County? What happened to the rights of the
property owner? They are disappearing under the guise of one thing or another, always some excuse! Always
some cause that SUPERSEDES that of the property owner. Law suits will begin and it will cost every resident of
this County. This is not why we voted for you to represent us!!
THIS HAS TO STOP. WE THE PEOPLE WILL NOT TOLERATE THIS TREATMENT ANY LONGER
~ Nt") ON-THIS "COVENANT" REQUIREMENT!!!
:ase reaolllls InfO the record fOr~ meeting today on thIS Issue.
Oon Pollock
LjC{C~J t~
Tuesday, December 17,2002 America Online: JIGS FISH