Ordinance 024-20171
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE N0024- 2017
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 122 -4, "STANDARDS FOR
ISSUANCE OF BUILDING PERMITS IN AREAS OF
SPECIAL FLOOD HAZARD "; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE
COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Monroe County Code currently limits the. size of enclosed areas below an
elevated structure at grade for nonresidential, commercial or industrial uses for limited storage or
parking to 300 square feet; and
WHEREAS, applications for structures exceeding 300 square feet have been applied for
and received variances to this regulation from the BOCC, provided they meet the required
conditions and relevant factors considered in Section 122 -5 "Variances to the floodplain
management requirements;" and
WHEREAS, the removal of the 300 square foot maximum size of these nonresidential
structures would serve to expedite these permit applications provided that they meet all (other)
standards for the issuance of building permits in areas of special flood hazard;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Monroe County Land Development Code is amended as follows:
Sec. 122 -4 Standards for issuance of building permits in areas of special flood hazard.
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Additional standards. In all areas of special flood hazard where base flood elevation data
has been provided the following provisions are required:
(2) - Nonresidential construction.
a. New construction and substantial improvements of any commercial,
industrial or other nonresidential structures within zone AE on the
community's flood insurance rate 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 watertight 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. Elevating above base flood elevation may decrease
the cost of flood insurance. 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 floodproofing certification which shall include
the specific elevation (in relation to mean sea level) to which structures are
floodproofed 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 V1 -30, VE or V shall have the
bottom of the lowest horizontal structural member of the lowest floor,
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 are in
accordance with the requirements of subsection 122 -4 (b)(5)g. of this
section for V zones or subsections 122 -4 (b)(1)d.2- (b)(1)d.8. of this
section 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.
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1. Any prefabricated light metal structure, which meets the following
criteria, may be permitted in an A or V zone if-
(i) The enclosed area is 150 square feet or less;
(ii) The use is limited to limited storage; and
(iii) The structure is properly anchored to prevent flotation,
collapse, and lateral movement.
2. Accessory light metal structures which exceed the 150 square feet
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 122- 4(b)(1)d. within
A zones or the criteria set forth in section (b)(5)g. within V zones.
b. Nonresidential accessory structures.
1. All nonresidential accessory structures, or enclosed areas, which
meet the following criteria, may be permitted if
(i) The use is restricted to limited storage and parking only;
(ii) They meet the breakaway wall standards outlined in
subsection 122- 4(b)(5)a. within V zones or the venting
requirements outlined in section 122- 4(b)(1)d.2 within A
zones;
(iii) They meet the other requirements as outlined in subsection
(b)(1)d. of this section; and
(iv) The structures are properly anchored to prevent flotation,
collapse and lateral movement.
(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 CFR
'60.3(c)(12), then no manufactured home may be placed below the base
flood elevation.
b. A manufactured home that is to be placed on a qualified lot may be placed
at an elevation below base flood elevation provided that:
1. The lot 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.
Page of
1 2. The manufactured homes that are placed or substantially improved
2 (for other than substantial damage due to a flood) on sites in
3 existing manufactured home parks or subdivisions in flood hazard
4 areas shall be elevated so that the manufactured home chassis is
5 supported by reinforced piers or other foundation elements that are
6 no less than 36 inches in height above the grade at the site. A
7 lower foundation system could be used if the top of the finished
8 floor of the manufactured home or the bottom of the beam (for V
9 zones) would be at or above the base flood elevation using such
10 foundation.
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12 3. All other foundations requiring elevation of the structure in order
13 to meet the floodplain standards must comply with section 122-
14 3(c), the provisions of subsection (b)(5) of this section or chapter
15 18 of the Florida Building Code whichever is applicable.
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19 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
20 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
21 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
22 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause,
23 sentence or provision immediately involved in the controversy in which such judgment or decree
24 shall be rendered.
25 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
26 this ordinance are hereby repealed to the extent of said conflict.
27 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
28 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
29 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
30 of Florida but shall not become effective pursuant to Section 7 until a final order is issued
31 according to F.S. 380.05(6) by the Florida. State Land Planning Agency or Administration
32 Commission approving the ordinance, and if the final order is challenged, until the challenge to
33 the order is resolved pursuant to F.S. Chapter 120.
34 Section 6. Inclusion in the Monroe County Code. The provisions of this ordinance
35 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
36 as an amendment thereto, and shall be appropriately renumbered to conform to the uniform
37 marking system of the Code.
38 Section 7. Effective Date. This ordinance shall become effective as provided for by law
39 and stated above.
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the 14th day ofi November , 2017.
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`INROE COUNTY 1EY
� A FORM:
�..'rEVEN T. WILLIAMS
COUNTY p�NE!'
Mayor David Rice
Mayor Pro Tem Sylvia J. Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
Yes
Yes
Yes
Yes
Yac
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor
MADOK, CLERK
DEPUTY CLERK
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LLJ
U.
a
v
Mayor David Rice
Mayor Pro Tem Sylvia J. Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
Yes
Yes
Yes
Yes
Yac
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor
MADOK, CLERK
DEPUTY CLERK
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C ,-,
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
December 1, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 024 -2017, amending Monroe County
Code Section 122 -4, "Standards for Issuance of Building Permits in Areas of Special Flood
Hazard "; providing for severability; providing for repeal of conflicting provisions; providing for
transmittal to the State Land Planning Agency and to the Secretary of State; providing for inclusion
in the Monroe County Code; and providing for an effective date.
The Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on November 14, 2017. Should you have any questions
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
JIM S�
J f
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
December 1, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 024 -2017, which was filed in this office on December 1,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us
Final Order No. DEO -18 -025
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re:
A LAND DEVELOPMENT REGULATION'
ADOPTED BY MONROE COUNTY, FLORIDA, ,;-; r �.,.° t
ORDINANCE NO. 024 -2017 `�'
C=
FINAL ORDER ��
APPROVING MONROE COUNTY ORDINANCE NO. 024-2047
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The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No.. 024 -2017 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an .
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on November 14, 2017, and
rendered to the Department on January 24, 2018.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") to
remove the language that requires enclosed nonresidential accessory structures be liinited.to 300-
square feet or less, remove the language that requires that accessory structures in an A zone that
exceed the 300 - square foot threshold be permitted if they meet floodproofing criteria, and remove
the language that prohibits enclosed accessory structures that exceed 300 square feet from V zones.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See Sections 380.05(6),
and 380.0552(9), Florida Statutes.
1
Final Order No. DEO -18 -025
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes and specifically, Policies 101.5.30,
101.5.32, and 101.5.33.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(in) Providing adequate alternatives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction
plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 024 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
2
Final Order No. DEO -18 -025
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida. /J
Ones D. Stansbury, Chief 5, -
Bureau of Community Planning and Growth
Department of Economic Opportunity
C
Final Order No. DEO -18 -025
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION,. A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2), .
FLORIDA - STATUTES. - -
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC. OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
m
. }
Final Order No: DEO -18 -025
CERTIFICATE OF FILING. AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated_ this 2" a day of March, 2018.
Agenc Clerk
Department of Economic Opportunity
.1 -07 East 1VMadisori Street, MSC 110
Tallahassee, FL 32399 -4128 . - - --
By US. Mail
The Honorable George Neugent
.Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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