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Item D1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Bulk Item: Yes June 15,2000 No X Division: Growth Management Department: Building Department AGENDA ITEM WORDING: A public hearing to adopt an ordinance amending the County Floodplain Management Regulations, Section 9.5-315 through 9.5-317 of the Monroe eounty Code. ITEM BACKGROUND: The 1998 Florida Legislature amended Section 161.54, Florida Statutes to redefine the term "Substantial Improvement." The cumulative requirement has been deleted and the amendment supports the minimum requirements set forth in the 44CFR for continued participation in the National Flood Insurance Program. Additionally more detail in the form of a deed restriction being added to the requirements will allow the prescriptive no finish remedy of the past to be replaced while insuring the enforcement provision of 44CFR section 59.24(c) is upheld. The Planning eommission and Growth Management ~ivision staff recommend approval of the amendments to the Floodplain Regulations. PREVIOUS RELEVANT BOARD ACTION: BOeC amended Floodplain Management Regulations on January 18, 1994. STAFF RECOMMENDATION: Approval TOTAL eOST: NtA BUDGETED: Yes No X COST TO COUNTY: NtA APPROVED BY: eounty Attorney X OMBlPurchasing Nt A Risk Management Nt A OEPARTMENT DIRECTOR APPROV A . Growth Management DIVISION DIREeTOR APPROVAL: Ti DoeUMENT A TION: Included X To follow Not required Agenda Item #: J-DL DISPOSITION: PROPOSED TEXT AMENDMENTS TO COUNTY FLOOD PLAIN REGULATIONS SECTIONS 9.5-316, 9.5-317, AND 9.5-318(NEW) OF THE MONROE COUNTY CODE AMENDMENTS ARE PROPOSED TO THE MONROE COUNTY CODE TO CONSOLIDATE REGULATIONS FOR FLOOD PLAIN MANAGEMENT, CLARIFY EXISTING LANGUAGE, INCORPORATE MOST RECENT FEMA POLICIES FOR FLOOD PLAIN MANAGEMENT, ELIMINATE CUMULATIVE COST REQUIREMENT IN CALCULATION OF 50 PERCENT RULE, AND TO ALLOW FOR FINISHNING OF INCREASED AMOUNT OF FLOOR AREA IN DOWNSTAIRS ENCLOSURES Development Review Committee Planning Commission Growth Management Division Staff Approval Approval Approval #P40-00 April 20, 2000 May 24, 2000 May 26, 2000 STAFF REPORT County of Monroe Growth Mana2ement Division 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Voice: (305) 289 2500 FAX: (305) 289 2536 Board of County Commissioners Mayor Shirley Freeman, Dist. 3 Mayor Pro Tern, George Neugent, Dist. 2 Commissioner Wilhelmina Harvey, Dist. 1 Commissioner Mary Kay Reich, Dist. 5 Commissioner Nora Williams, Dist. 4 MEMORANDUM TO: Board of County Commissioners FROM: Timothy J. McGarry, AICP &t1 Director of Growth Manageme . May 30, 2000 DATE: SUBJECT: Proposed Amendments to Floodplain Management Regulations: Chapter 9.5, Article VII, Division 6, Monroe County Code Overview The Board of County Commissioners is being asked to consider adopting an ordinance amending the County's floodplain management regulations. The proposed amendments to the County's floodplain management regulations have been recommended by the Planning Commission. General Policy Approach After holding four public workshops and based on the testimony and input of the pUblic, the Planning Commission and Growth Management Division staff reached the conclusion that the County should only meet the minimum requirements to maintain its status in the National Flood Insurance Program and compliance with the requirements of Chapter 161, Florida Statutes. Any regulations more strict than the minimum were considered not worth the additional 10 percent or more in insurance premium savings (approximately $80 or more per policy) that could be achieved once the County is fully restored in the Community Rating System. It was further acknowledged that less strict standards would probably increase the amount of improved property placed at risk; however, the responsibility for increased risk to property values rested primarily with individual property owners and not the public at large. Even though owners of pre-FIRM homes (prior to Monroe County participation in the National Flood Insurance Program), will be the primary beneficiaries of these changes, owners of post-firm residences will not be impacted by any additional costs in terms of insurance costs. Therefore, the benefits of more stringent regulations are outweighed by the interests of individual owners to enjoy and use their property. C:\DOCUMENT\LDR\f1oodplaincov.doc Although, the Monroe County Growth Management Division staff believes that insurance savings and the minimization of flood hazards in terms of their impact on real property are important public policy objectives, the staff believes that such objectives provide little tangible benefit to individual property owners. In fact, the public believes that stringent flood plain regulations only deny them use of their property with little benefit in the form of reduced insurance rates. Unless federal and state regulations are changed, relaxing the County's floodplain regulations will not result in increased flood insurance costs for property owners of conforming structures. Furthermore, regulations with standards higher than minimally required by FEMA and Chapter 161, Florida Statutes, particularly the "cumulative" cost requirements as applied to the 50 percent rule contained in the current floodplain regulations, result in higher administrative costs for the processing and reviewing of building permit applications and records keeping. Lessening these requirements will result in a reduction of permit approval times and administrative costs. Therefore, the Planning Commission and Growth Management Division staff are recommending an approach that keeps regulations at the minimum standards necessary to maintain the County's participation in the National Flood Insurance Program. Both the Planning Commission and Division staff believe that in implementation of this approach requires that safeguards be provided in the regulations to ensure properties are maintained in compliance with the regulations. Summary of Major Recommendations The proposed amendments consolidate floodplain management regulations from other sections of the Land Development Regulations, incorporate new Federal Emergency Management Agency policies, improve the organization of the regulations, and include two significant changes to the current regulations. These two significant changes are as follows: · All references to "cumulative" substantial improvement have been deleted. Under the proposed regulations, the "50 percent" threshold of the market value of a structure will now be calculated at that point in time prior to improvement or repair of the structure or prior to the structure being damaged. Whether or not previous improvements have been made to the structure will not be considered in determining if this threshold is met. Structures that are non-conforming as to the flood plain regulations will be able to incrementally add improvements beyond the initial "50 percent" figure due to the increasing market value of the structure; however, in the event of substantial storm damage they will still be required to come into compliance. · Regulations prohibiting finished walls, ceilings, and floors below base flood elevation have been relaxed to allow finished surfaces in areas without entryways and areas greater than 300 square feet provided that a deed restriction is placed on the structure. The existing regulations only allow finished surfaces in enclosures of 300 square feet or less and only if used for entryways. In "relaxing" these regulations, the Growth Management Division staff strongly believes provisions must be placed in the ordinance to ensure that the downstairs space does not become used for habitable purposes, as occurred in the past leading to the County almost losing its eligibility under the National Flood Insurance Program. A deed restriction would permit the County to enforce the prohibition against use of C:\DOCUMENT\LDR\f1oodplaincov.doc 2 this enclosed area for habitation. Furthermore, a deed restriction would also ensure that future owners of the property are aware of the prohibition against the use of the downstairs enclosure for habitation. Consistency with Applicable Federal, State, and Local Regulations and Policies The Growth Management Division staff finds that the proposed amendments are consistent with Title 44 Code of Federal Regulations, Parts 59 and 60, Sections 161.52 through 161.58, Florida Statutes, Section 380.0552(7), Florida Statutes ("Principles for Guiding Development"), and Monroe County Year 2010 Comprehensive Plan. Recommendation The Growth Management Division staff recommends approval of the proposed amended County floodplain management regulations. C:\DOCUMENT\LDR\f1oodplaincov.doc 3 DRAFT ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2-1994; AND INCORPORATING SECTIONS 9.5-125 THROUGH 9.5-127 INTO SECTION 9.5-316 AND 9.5-318; AND MODIFYING THE VARIOUS SECTIONS OF THE MONROE COUNTY CODE LISTED BELOW; SECTION 9.5-315 WHICH PROVIDES PURPOSE AND INTENT; SECTION 9.5-316.1 WHICH PROVIDES GENERAL PROVISIONS; SECTION 9.5-316.1 (c) WHICH PROVIDES RULES FOR INTERPRETING FLOOD HAZARD ISSUES; SECTION 9.5-316.2 WHICH PROVIDES FOR PERMIT REQUIREMENTS; SECTION 9.5- 317(b)(1)d. WHICH DEALS WITH ENCLOSING AREAS BELOW BASE FLOOD ELEVATION; SECTION 9.5-317b(4) WHICH DEALS WITH MANUFACTURED HOMES AND SECTION 9.5-318 WHICH PROVIDES FOR VARIANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HERWITH; PROVIDING FOR INCORPORATION INTO THE MONOROE 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 the sections 9.5-316 and 9.5-317 of the floodplain management ordinance; and WHEREAS, Section 9.5-125 through 9.5-127 related to floodplain regulations need to be incorporated into 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; and WHEREAS, the Board of County Commissioners examined the Sections 9.5-315, 9.5-316 and 9.5-317 ofthe Land Development Regulations conceming amendments to the Floodplain Management Ordinance submitted by the Monroe County Growth Management Division and recommended by the Monroe County Planning Commission; and Floodplain Amendments Page 1 of 13 Initials 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; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Section 9.5-125 and 9.5-126 are deleted and the provisions ofthese sections are incorporated as new Section 9.5-316.2 below. Section 2. Section 9.5-127 is deleted and provisions of this section are incorporated as new Section 9.5- 318 below. Section 3. Sections 9.5-315, 9.5-316 and 9.5-317 of the Monroe County Code is amended to read as follows (strike throughs indicate deleted language and underlines indicate new language): Section 9.5-315 Purpose and Intent. (a) 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: (b) 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; (c) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (d) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; (e) Control filling, grading, dredging and other development which may increase erosion or flood damage; (f) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; (g) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (h) To minimize prolonged business interruptions; (i) 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; (j) To help maintain a stable tax base by providing for the sound use and development of Floodplain Amendments Page 2 of 13 Initials _ Section 4. flood-prone areas in such manner as to minimize future flood blight areas; and (k) To ensure that potential home buyers are notified that 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 division be strictly adhered to in all areas of soecial flood hazard within the iurisdiction of unincoroorated Monroe Countv. Section 9.5-316 is reorganized into Section 9.5-316.1 and 9.5-316.2 with amended language to read as follows (strike throughs indicate deleted language and underlines indicate new language): Section 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. (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 county 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 f100dway 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. Where the phrase "substantial improvement" appears in this division, it shall have the meaning "any repair, reconstruction, rehabilitation, or other improvement of a structure, the cost of which equals or exceeds 50% 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. Fer the pur:pese af this Eli,..isiaR UmaFket \'alue- shall be Eleter:miReEI by appraisals pF8paF8E1 by iREli':iEluals '/./ha must p966es seFtifisatiaR aREI SUFFeR. membeFEhip iR aRe ar mare af the f911ewiRg aS€asiatiaRs: MAl, (Member appraisal I Rstituttij .\IRiA O\meFisaR IRstitute af Real Floodplain Amendments Page 3 of 13 Initials estate AppFaiseF&) aRdlor RM (Resil:teRtial Member). Copies of all appFaisals shall be f9f\va~ecj to the offiG8 9f the COYRty PF9peFty Appr:aiser. For the purpose of this division, "market value" shall be detennined by assessed value as detennined by the Monroe County Prooertv ADDraiser or aDDraisals Drecared by individuals who DOssess certification as State Certified Residential ADDraisers for the DUroose of aDDraisina one to four familv residential Drooerties and State Certified General ADDraisers for all other Drooerties includina commercial and multi residential. Copies of all appraisals shall be forwarded to the office of the county property appraiser. For the purposes of this division, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the strudure. The term does not, however, include either (1) any projects for improvement of a structure to correct existing violations of State or local health, sanitary, or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure" listed on the National Register of Historic Places, the state inventory of historic places or any inventory of local historic places, provided that the alteration will not preclude the structure's continued designation as a "historic structure". "Cblmbllative sblbstantial impm~/emenr means that impFO'IemeAt 'J.o'hich is not sbll;)stantial by itself I;)ut, '.-meA aases te all prior nonsbll;)stantial impm\<ements to the original struGtblre, weblls Gablse all the impFOvements te be sblbstantial if per:mittea at one time. Substantial improvements only apply to structures whose initial construction began prior to January 1, 1975, or structures rendered noncompliant by a revised flood insurance rate map. All applications deemed substantial or nonsubstantial must be approved by the floodplain administrator, director of growth management, or the building official/director. Section 9.5-316.2 Pennit Reauirements (a) The county building official shall require building pennits for all proposed construction or other improvements within areas of special flood hazard. In addition to the standard requirements for a building penn it , an application for a building pennit for construction or improvements within areas of special flood hazard shall contain the infonnation and certifications set forth in a fonn provided by the director of planning. (b) 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. (c) 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 pennit 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 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 pennit holder's risk. The building official shall review the floor elevation survey data Floodplain Amendments Page 4 of 13 Initials Section 5. submitted. Deficiencies detected by such review shall be corrected by the pennit holder immediately and prior to further progressive work being pennitted to proceed. Failure to submit the surveyor failure to make the corrections required hereby shall be causes to issue a sto~work order for the project. (d) Warning and Disclaimer of Uability: 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 manmade or natural causes. This division does not imply that land outside the areas of special flood hazard or uses pennitted 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. (e) "Manufactured Home" Defined: For the purposes of this division only, a "manufactured home" means a structure, transportable in one (1) or more sections, which is built on a pennanent chassis and designed to be used with or without a pennanent foundation when connected to the required utilities. The tenn 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. (f) -Recreational Vehicle" Defined: A recreational vehicle means a vehicle which is: (a) built on a sinale chassis: (b) 400 SQuare feet or less when measured at the lamest horizontal Droiection: (c) desianed to be self Dropelled or pennanently towable by a Ii~t dut~ truck: and (d) desianed DrimarilY not for use as a pennanent dwellina but as temPOra Iivin auarters for recreational. camDina. travel or seasonal use. (g) -Elevated Buildina" Defined: An elevated buildina means for insurance DUrooseS. a nonbasement buildina which has its lowest elevated floor raised above around level by foundation walls. shear walls. POsts. Diers. Dilinas. or columns. (h) -Enclosure" Defined: An enclosure is defined as that portion of an elevated buildina below the lowest elevated floor that is either Dartially or fullv shut in by riaid walls and used SOlely for limited storaae. Darkina or entrvways. Enclosures shall not be constructed. eauiDPed or used for habitational Durooses. (j) -DeveJooment" Defined: For the DUrooses of this division only. develoDment means any manmade chanae to imDroved or unimDroved real estate. includina but not limited to buildinas or other structures. minina. dredaina. fillina. aradina. Davina. excavation or drillina operations or storaae of eauiDment or materials. Section 9.5-317 is amended to read as follows (strike throughs indicate deleted language and underlines indicate new language): Section 9.5-317. flood hazards. Standards for issuance of building pennits in areas of special (a) Generally: No building pennit 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 cumulative substantial improvements shall be adequately Floodplain Amendments Page 5 of 13 Initials 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 Gl:Iml:llali'l8 substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (3) All new construction and Gl:Iml:llati':8 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 as 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 division shall meet the requirements of new construction as contained in this division. (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 shall cany 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 hazard where base flood elevation data has been provided the following provisions are required: (1) Residential construction: a. New construction or Gl:Iml:llati'J8 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 V1-30, 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 Floodplain Amendments Page 6 of 13 Initials 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 (i) Lof 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. For the purpose of this division limited storage means storage of lawn mowers, rakes, wheelbarrows and similar equipment. Umited storage does not apply to household items such as fumiture. 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 are not required to meet the breakaway standards shall be provided with openings such as vents, louvers or automatic valves which pennit 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. (iii) IRteRer walls, GeiliRg SRG fleeR> leGated bel9V.' tl=le base f1eeG ele':atieR RU'st be I:fRfiRisl=led eXElept fer pF9teGti':e paiRt, elEG8pt tl=lat mateRals reql:fiFeG by applisable fife s90es sl=lall be peFmitted. ERtl)'Ways I:fRGer thFee I=II:fRGFeG sql:faFe feet (300 sq. ft.) may be fiRisl=leG witl=l appF9'JeG Ellass I; MeRer mateRals as FefeFeRGeG iR ACOIi Regl:flatieRs IiP1161; 2 314. Ciii) Interior walls. ceilinas and floors in enclosures 300 sauare feet or less used for entrvways may be finished with an ACOE Reaulations EP 1165-2-314 class 5 exterior finish. Interior walls. ceilinas and floors in all other enclosed areas may be finished with an ACOE Reaulations EP 1165-2-314 class 5 exterior finish if a deed restriction runnina with the land is Drovided. The deed restriction shall Drovide notice of Drohibition of habitational uses below base flood elevation. (iv) The interior portion of an enclosed area below an elevated building may not be partitioned off into separate rooms except that garages may be separated from storage and entryway. In the event an existing storage enclosure is enlarged, the walls between the existing enclosure and the additional enclosure must be deleted. Enclosed areas below an elevated buildina must be void of utilities and cannot be temoerature controlled. (v) 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 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 and b.(5)h. (vii) The area enclosed below the base flood elevation shall not be used for human habitation. (viii) Except as noted in (b)(1) b. and d. (v) of this subsection or required by an applicable code no electrical, mechanical or plumbing may be located below the base flood elevation below an elevated building. (2) Nonresidential construction. a. New construction or cl:fml:flati~~e substantial improvements of any commercial, industrial or other nonresidential structures within zones A1-30, 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 impenneable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of Floodplain Amendments Page 7 of 13 Initials_ 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 f1oodproofing 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 f1oodproofing is not acceptable. New construction or cumulative substantial improvements of any commercial, industrial or other nonresidential structures within zones VI-30, 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 pennitted for storage or parking purposes provided that they are anchored to prevent flotation, collapse or lateral movement of the structure and do not exceed three hundred (300) square feet of enclosed area and are in accordance with the requirements of subsection 9.5-317(b)(5)h. or subsection 9.5-317(b)(1)d.(i) through (viii). Plans for such structure shall be submitted to the building official for approval prior to construction. (3)AccesSOl)' structures a. Residential accessory structures: Any prefabricated light metal structure, which meets the following criteria, may be pennitted 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 pennitted if they meet all of the criteria outlined in subsection 9.5- 317(b)(3) a. (Hi) and (iv) of this division and are constructed to meet the venting criteria set forth in subsection 9.5-317(b)(1) d. (ii) or the breakaway wall criteria set forth in subsection 9.5-317(b)(5) h. b. Nonresidential accessory structures: All nonresidential accessory structures, or enclosed areas, which meet the following criteria, may be pennitted 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)h.; (iv) They meet the venting requirements outlined in subsection 9.5-317(b)(1) d.; and (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 pennitted 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. (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 Management 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 Floodplain Amendments Page 8 of 13 Initials 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 this chapter. (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. C. IIIR exiGtiRg maRYfaslYF8d Rame may be F8plasSEj ':JitRaYt F8gaRl te the elel/atiaR reqYiremeRts af tRese F8gYlatiaRs (EUC:08pt 'JlheR sybE;taRtially damagSEj by ftaadwateFS) aRd withallt ReSEj af a vaFiaRse pFa':ided tRe maRYfaslYF8d hame sa F8plaseEI '/Jas at aR ele\'atiaR beIQl.\. tRe base fta9EI ele\'ati9R. c. No solid walled additions may be added to a manufactured home unless the addition is constructed under HUD (Deoartment of Housina and Urban DeveloomenO standards and contains a HUD seal or the addition is elevated to or above the base flood elevation. d. Screen rooms. ocen decks and oorches may be added to a manufactured home orovided the addition is structurally indeoendent and constructed with fourth 4th wall construction. e. All manufactured homes and State aooroved manufactured offices for temoorarv use shall be anchored to resist flotation. collaDSe and lateral movement by orovidina over-the-too and frame ties to around anchors as orovided for in the most current edition of the Florida Administrative Code 15.C (i) O\'er the tap ties shall be pF9\'ided at eash eRd af the maRYfaGtyf8Ej Rame with aRe (1) additiaRal tie per side at aR iAtemlediate lasatiaR fer maRYf.aGtyf8Ej Rames less tRaR fifty (50) feet laRg aAd twa (2) additiaAal ties per side at iRtemlSEjiate laGatiaRs far maRYfaGtYF8d hames af fifty (50) feet ar gF8ater leRgtR. (ii) Frame ties sRall be pFa'lidSEj at eaGR Gamer af the maRYfaGtyred hame '.vitR fayr (4) additiaRal ties per side at iRtemlSEjiate lasatiaRs far maAYJaslYF8d Rame less thaR fifty (50) feet laAg aRd five (5) additiaAal ties per side at iRtemlSEjiate lassti9Rs far maRYfaGtyred Rames af fifty (50) feet ar gF8ater leRgtR. (~ii) .1\11 G9mpaReRts af tRe aRGhaFiRg system myst be Gapable af ssFfyiRg a farGe af twe thaYSaRd (2,000) peYRds far maRYfaGtyf8Ej hames 8*istiRg aR tRe effeGtive date af tRese r-egYlatiaRs ar fa Fly eight RYRdFSEj (4,aOO) paYRds far R8':J maAYfaGtYFed Rames. (hI) ARY additiaRs ta tRe maRYfaGtYF8EI hame shall be similaFly aRshaF8d. (i) All other anchoring must be in compliance with section 6-16.1(7) appendix H, "Mobile Home Tiedowns Standards." (ii) All other foundations requiring elevation of the structure in order to meet the floodplain standards must comply with section 6-16.1 (7) 1405.6 of the Monroe County Code, "PIERS." 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 Department 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 (b)(3), as Floodplain Amendments Page 9 of 13 Initials_ applicable. For the purposes of detennining the value of any replacement manufactured homes under this section, the purchase price, as expressed in an invoice from an anns length transaction, in a fonn acceptable to the building official, or the value reflected in the current records of the Monroe County Property Appraiser, or using fair market value, as detennined in section 9.5-316(c), whichever is greater, shall control. (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 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 pennitted for aesthetic purposes only and must be designed to wash away in the event of abnonnal wave action and in accordance with the provisions of subsection (b)5f, fiI, 8R(;J h. (b)(5)f.. a. and h. 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 (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, band c of this subsection (b)(5). e. There shall be no fill used as structural support. f. 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 b.1 (iii) through (viii). g. 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. 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 abnonnally 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: 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. Floodplain Amendments Page 10 of 13 Initials Section 6. i. Compliance with the provisions contained in subsection h. 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 (b)(5). k. 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, bedroom, bathroom or workshop. This prohibition does not apply to new improvements which are Reither sl:lbstaRtial R9r GI:lFRl:llati'/ely R9RSI:lbstaAtial not substantial to post FIRM structures rendered noncompliant by amendments to the flood insurance rate map as lona as the imorovement is at the same elevation the structure was oriainally built to and around level structures whose initial construction began prior to January 1, 1975; legally plae8Ef maRl:lfaGtI:lr:8Ef hemes; 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) Reauire that recreational vehicles olaced on sites within Zones A1-30. AH. and AE. V1-30. V and VE on the community's FIRM either (i) Be on the site for fewer than 180 consecutive days and be fully licensed and ready for hiahway use. or (ii) Meet the oermit reauirements of subsection 9.5-317(b)(4). A recreational vehicle is ready for hiahway use if it is on its wheels or intemal iackina system. desianed to be self orooelled or oermanently towable by a Iiaht duty truck, is attached to the site only by quick disconnect type utilities and security devices. and has no oermanently attached additions Section 9.5-318 is created to read as follows: Section 9.5-318 Variances to the floodDlain manaaement reauirements (a) Generally: Where, owing to special conditions, a literal enforcement of the floodplain management proYisions of the plan would result in exceptional hardship unique to that property or proposed project, the board of county commissioners may grant variances from the terms of those provisions as will not be contrary to the publiC interest, will be in harmony with the general purpose and intent of this chapter, and will be the minimum variance that will allow reasonable use of the property. (b) Procedures: Floodplain Amendments Page 11 of 13 Initials (1) An application for a variance from the provisions of this chapter for development in an area of special flood hazard shall be filed with the building official in a fonn provided by the director of planning at the time of application for a building pennit. (2) Within ten (10) days of receipt of a complete application for a variance from the tenns of the floodplain management provisions of this chapter, the building official shall forward the application to the director of planning, review the application, and submit a report and recommendation to the board of county commissioners. (3) The director of planning, or his designee, also shall review the application for a variance and submit a report and recommendation to the board of county commissioners within five (5) days after receipt from the building official. (4) The board of county commissioners shall review the application and the reports and recommendations of the building official and director of planning and consider granting the variance in accordance with the conditions set forth in this section. (c) Conditions: (1) Variances shall be issued only upon a detennination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and only upon all of the following conditions: a. A showing of good and sufficient cause; b. A detennination that failure to grant the variance would result in exceptional hardship to the applicant; c. A detennination that the granting of a variance will not result in increased flood heights; result in additional threats to public safety; result in extraordinary public expense; create nuisance; cause fraud on or victimization of the public; or conflict with other provisions of this chapter or the County Code; and d. Specific written findings linked to the criteria below. (2) The following factors shall be relevant in the granting of a variance: a. Physical characteristics of construction; b. Whether it is possible to use the property by a confonning method of construction; c. The poSSibility that materials may be swept onto other lands to the injury of others; d. The danger to life and property due to flooding or erosion damage; e. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner; f. The importance to the community of the services provided by the proposed facility; g. The necessity to the facility of a water-dependent location, where applicable; h. The availability of altemative locations less subject to flooding; i. The compatibility of the proposed use with existing and anticipated development; j. The relationship of the proposed use to the comprehensive plan, land development regulations and the floodplain management program for that area; k. The safety of access to the property for ordinary and emergency vehicles in times of flood ; I. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and m. The costs of providing govemmental services during and after flood conditions, including maintenance and repair of publiC utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (3) When the board of county commissioners shall consider the propriety of granting a variance as pennitted by this division, the following factors shall not be considered relevant: a. The physical disabilities or handicaps and health of the applicant or members of his Floodplain Amendments Page 1 2 of 13 Initials ~~N-~~-~~ IMV ~~;25 GROWTH M~,. DIV. ~e~ 289 210154 P.U2 family: 1;>. The domestic difficult[e!;Df the applloant or members of his fQmily; c. The financial d/fflcul1y of 'he appliCant In complying wltll the floodplain management proVisions of this oh"pter, or d. The elevation of surrounding struotllrOls. (4) Any applicant to whom a variance is granted shalf be given written notice b)' the board of county commissioners specifying the difference between the base flood elevation and the elevation to which the structure is tD be built and stating that the cost of nood Insurance will be commenSurate with the lncrea$ed risk resulting from the reduced lowest floor elevation. (5) All variances issued sh4ll11 require that an affidavit be prepared, and recorded With the clerk of the circuit court, whloh shows thEd the propOS&c1 con~nJctlon will be loeated In a flood. prone area, the number of feet that the lowest floor cfthe proposed structure will be below the base flood level, and that actuarial flood insur"oce rates incre83l!l as the flood elevation decreases. (6) The builcJlng Official shall maintain records of all variance actions and annually I"eport Qny "arlances to thE1 Federal Emergency Management Agenc~. SectIon 7. If any section, subsection. sentence, clause, Item, change or provision of this ordinance is held Invalid. thetem~inder of \hfs ordinance shall not be affected by such Invalidity. Section 8. All ordinances or parts of Qrdlnances in conflict with this OrdinanC'.6 are hereby repealed to the extent of said conflict. Section 9. This ordinance shall be filed in the Office of the SecretaI)' 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 AdministralJon Commission approving this ordinance. Section 10. ThIs ordinance shall be transmItted by the Planning Department to the Department of CommunIty Affairs to determlnG the aon81stency of this ofrllnance wlth the FlorIda StBtutes. PASSED AND ADOPTED by the Soard of County Commissioners of Monroe County, FlOrida at a meeting of the Boaro held on the day of I A.D., 2000. Mayor Shirley Freeman Mayor Pro Tem George Neugent Commissioner WUhelmlna Harvey Commissioner Mary Key Reich Commissioner Nora WIlliams APPROVED AS TO FORM By~~G~~~ Anorney's Office BOARD OF COUNTY COMMISSIONeRS OF MONROE COUNTY, FLOR.IDA BY: MA YOR/CHA1RPERsON (SEAL) ATTEST: DANNY L KOLHAGE. CLERK DEPUTY CLERK (:I"Ddpl.in Amendments Page 13 Of 13 Inltiellli__ PLANNING COMMISSION RESOLUTION RESOLUTION NO. P4o..00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT FOR AN AMENDMENT TO SECTIONS 9.5-315, 9.5-316 AND 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 May 10, 2000 and May 24, 2000, conducted a review and consideration of amendments to Article VII, Division 6, Sections 9.5-315, 9.5-316 and 9.5-317 of the Land Development Regulations concerning the Floodplain Management Ordinance filed by the Monroe County Planning Department; and WHEREAS, The Monroe County Planning Department is requesting amendments to Article VII, Division 6, Sections 9.5-315,9.5-316 and 9.5-317 of the Land Development Regulations concerning the Floodplain Management Ordinance; and WHEREAS, the Planning Commission examined the following information: 1. The staff report from Timothy J. McGany, AICP, Director of Growth Management dated April 24, 2000; and 2. Sworn testimony by Timothy J. McGany AICP, Director of Growth Management, Dianne Bair, Floodplain Administrator and comments by the members of the Planning Commission; and 3. Development Review Committee Resolution D 07-00, dated April 27, 2000; and WHEREAS, the Planning Commission recommended approval of the proposed ordinance with an amendment to delete the following language from section 9.5-317(b)(1)d.(iii) .and shall authorize the County staff or its aoents access to the Drooerty to insoect the below base flood elevation enclosure between the hours of 8:00 AM and 5:00 PM daily with reasonable Drior written notice.- WHEREAS, the Planning Commission made the following Findings of Fact and Conclusions of Law: 1. Based on Section 9.5-511 of the Monroe County Code (MCC) , we find that the Board of County Commissioners may consider amendments to the text of this chapter if at least one of the six criteria is met. The proposed amendments are supported by 9.5-11(d.)(5)b.(iv) New Issues and 9.5-511 (d.)(5)b.(v) Recognition for a need for additional detail or comprehensiveness. The 1998 Florida Legislature amendment to Section 161.54 (12), Florida Statutes redefined the term .Substantial Improvemene. The new issue is the deletion of the .cumulative- requirement and is consistent with the minimum federal floodplain management regulations set forth in 44CFR Section 60.3; and the provision of a deed restriction is consistent with the requirements enumerated in Section 9.5-511 (d.)(5)b.(v) (need for additional detail) allowing the prescriptive no P4O-QO Page 1012 Inltlala_ finish remedy of the past to be replaced by requiring notice that these areas are restricted from habitational uses. Therefore, we conclude that the proposed text amendments are consistent with the requirements enumerated in Section 9.5-511 (d.)(5)b.(iv) New Issues and 9.5- 511 (d.)(5)b.(v) Need for additional detail or comprehensiveness. 2. Based upon Monroe County Year 2010 Comprehensive Plan Goal 101 and Objective 101.8, we find that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations. Therefore, we conclude that the proposed text amendments are consistent with the Monroe County Year 2010 ComDrehensive Plan regarding structures that are inconsistent with applicable codes. 3. Based upon Policy 101.8.10 of the Monroe County Year 2010 ComDrehensiye Plan. we find that nonconforming structures which are damaged or destroyed so as to require substantial improvements shall be repaired or restored in conformance with all applicable provisions of the current Monroe County Code. Therefore, we conclude that the proposed text amendments are consistent with the goals, objectives and policies of the Monroe County Year 2010 ComDrehensiye Plan; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support their decision to RECOMMEND APPROVAL AS AMENDED to the Board of County Commissioners of the request filed by the Monroe County Planning Department for amendments to Sections 9.5-315,9.5-316 and 9.5-317 of the Monroe County Land Development Regulations conceming the Floodplain Management Ordinance. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 24th day of May, 2000. Chair Mapes Yes Vice Chair Stuart Yes Commissioner Marr Yes Commissioner Wer1ing Yes Commissioner Hill Yes PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY ~ BY Attomey's Office Chair Lynn Mapes Signed this P40-00 day of ,2000. Page 2 of2 Inltials_