Item O04 � 0.4
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: 0.4
Agenda Item Summary #6749
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: The first of two required public hearings to consider an ordinance
by Monroe County Board of County Commissioners adopting amendments to the Monroe County
Land Development Code to amend Section 1224(b)(4) to eliminate the ability for a
manufactured/mobile home to be placed at an elevation below base flood elevation and Section 130-
53 to amend the purpose of the Urban Residential Mobile Home—Limited District (URM-L) to
eliminate provision that provides for a manufactured/mobile home to be placed at an elevation below
base flood elevation and Section 130-100 to add detached dwellings as an as-of-right use within the
Urban Residential Mobile Home—Limited District (URM-L); 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 amendment to and incorporation in the Monroe County Land
Development Code;providing for an effective date.
ITEM BACKGROUND: Monroe County is proposing text amendments to Section 1224(b)(4) to
eliminate the ability for a manufactured/mobile home to be placed at an elevation below base flood
elevation (36 inch elevation exception) and Section 130-53 to amend the purpose of the URM-L
district to eliminate provision that provides for a manufactured/mobile home to be placed at an
elevation below base flood elevation and Section 130-100 to add detached dwellings as an as-of-
right use (permitted through a building permit)within the Urban Residential Mobile Home—Limited
District(URM-L).
On February 19, 2020, at a regular meeting, the BOCC held a discussion to determine if staff should
initiate land development code amendments to eliminate the ability for a manufactured/mobile home
to be placed at an elevation below base flood elevation (BFE), on 36' piers, within the Urban
Residential Mobile Home—Limited District (URM-L) to meet CRS Class 4 criteria. The BOCC
directed staff to initiate the amendment to eliminate the elevation exception.
Hurricane Irma caused significant damage throughout the Florida Keys, particularly to structures
built prior to the upgraded Florida Building Code adopted after Hurricane Andrew, to non-elevated
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structures and to mobile homes.
Ex:
4,
Currently, the Monroe County Floodplain regulations allow for the substantial improvement and
replacement of manufactured/mobile homes in URM-L zoned manufactured/mobile home parks to
be placed at 36 inches above grade, if the unit meets the criteria of Section 122-4(b)(4), regardless of
flood risk, including FEMA Special Flood Hazard Areas (SFHA) flood zones or Base Flood
Elevations (BFE), unless the manufactured/mobile homes are substantially damaged by flooding.
The 36 inch elevation provision should be reviewed in light of the impacts of Hurricane Irma and the
County's better understanding of the flood risks associated with structures below BFE and the
County's ongoing resiliency efforts. Manufactured/mobile homes should be required to meet Florida
Building Code elevation requirements, specifically to be installed above the BFE in order to resist
collapse, flotation or any lateral movement that might occur during flooding. When placing
manufactured/mobile homes at 36 inches, the unit may be susceptible to being inundated by
floodwaters and damaged by floating debris.
Removing the elevation exception within Section 122-4(b)(4), of the Monroe County Floodplain
Regulations is intended to protect residents that reside in manufactured/mobile homes in flood
hazard areas, reduce the repeated impacts by flooding, and enhance public health, safety and welfare.
There are approximately 20,200 total structures in the SFHA flood zone. Of these structures, there
are approximately 775 manufactured/mobile homes in eight (8) existing manufactured/mobile home
parks within the URM-L designation in the unincorporated County. All of these
manufactured/mobile homes (100%) are within the SFHA flood zone (see attachments). Staff has
reviewed the eight URM-L designated manufactured/mobile home parks and provided the following
summary based on an analysis of best available data:
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%famifaetured''mobile i6'of iu1Hs *of
home(%, count:" # that must additional
URIV-L existing based on June field currently currenff elevate to affected%,Ms
manufactured.' Property visits,aerial unagery SFHA elevated elevated-at BFE+1ft with proposed
mobile home parks address department data belcrw or aboc-e under policy chintge
(does not jWhAde BFE BFE current to remove 36'
of}asr stniepure.apes) code" exceptionf'
1 Stock Island 5031 5th Ave r,:":a.,. AE.3. 2 75 2 0
00126550-000000
Mock Island 6.500
0, tl 93 :::, AE 9 93 0 aj 8
0126090_009000 Malo Ave
3 Stock Island 6531 12 a AE 9 9 3
5
00125740-000,000 Maloney A ae AE 1.0
Stock.Island 65D ,:w x u 9 3 1 3 0
00125750-000,000 Maloney A ae AE 1.0
�4 Stock Island 6511 14 ,:e: AE 9 10 0 0 10
00132350-0001000 MaloneyAve AE 1.0
6 Stock Island 6621 24,:a:� iU 9 24 0 1,4 10
001255770-000,000 Malonev.Aae AE 1.0
Big,Coppitt
00121761- 55 o AE 1.0
7 0000100+ hi l�€1 VE 1.0 126 5 88 33
0012-1 t!62-
000100+
AE9
Cudjoe 701 Spanish F 11
S 00188681- 424 ; " �" E 1.2 289 1.35 248 1
01000100+ Main I r VE 13
VE 15
Total 775 55C, 219 404 152
'Dizsaes not u2clu&vacQnts es.=°ptawcesw
:"`2''xss e;,rtrFa c.��:ca`%�cr�ase;��}rrrr.��parrnir.€%r�apr�per�:is; rerme.�e.�i�durK¢ �ns�usf�sr`ir�.°lt, ta�tgehl�_+��ao�:
s'7srs rrzacxl�.sas is,wcat aaar`erae far r`,a rec� aattiza�s a#"c7am^e:F�, .sa ai'ri �sr`s�?r yap tdet perrpxitted�rr ;zr`a ss°ark and
s,tsarra'a'. t 5e used nor reiied upon for theze dems.
Staff estimates there are approximately 775 manufactured/mobile homes:
• approximately 219 (28%) are currently elevated at or above BFE
• approximately 556(72%) are currently elevated below BFE
• approximately 404 (52%) would be required to elevate based on the current adopted
regulations because the home is not contiguous to and surrounded by manufactured homes
not at BFE [see attachments - based on best available data and the analysis of the
manufactured/mobile homes which do not meet the criteria of LDC Section 122-4(b)(4)b.
Note, this estimate could increase, if during permitting a property is determined to have been
substantially damage by flood.]
• approximately 152 (20%) would be the number of additionally affected manufactured/
mobile homes [if elevation exception was removed]
It is also important to note that as these manufactured/mobile homes are replaced and elevated to
BFE under the current provisions of the Floodplain Regulations, the manufactured/mobile homes
units contiguous to these replaced units will then be subject to elevating to BFE (i.e. a continual
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domino effect). Gradually, more manufactured/mobile homes units will be required to elevate to
BFE, even with the current elevation exception.
If the provisions with the elevation exception were removed from the Land Development Code, then
the URM-L manufactured/mobile homes would be required to elevate above current requirements
upon replacement/placement. This would be a gradual process, as the units would not need to be
elevated until they are replaced or substantially damaged or substantially improved (the proposed
change would apply at the time of replacement). Staff estimates of the 775 manufactured/mobile
homes, that approximately 152 (20%) would be the number of additionally affected
manufactured/mobile homes [i.e. if elevation exception was removed, these units would be required
to elevate above the currently required 36 inches, even if the units were contiguous to and
surrounded by manufactured homes also not at BFE]. Overall, the rate of replacement in these
URM-L parks is slow, so it would take multiple years before all the manufactured/mobile homes
would be elevated.
The proposed amendment to allow detached dwellings within the URM-L district will provide
property owners with other housing options with greater resilience and wind-load provisions. The
term detached dwelling means an individual dwelling unit that is developed with open yards on all
sides of the dwelling unit. The term includes single family residences but does not include mobile
homes or recreational vehicles. In other words, if the amendment was adopted, by Code other types
of single family homes could be built within the URM-L district. This could include concrete
homes, concrete block homes, wood frame homes, modular homes, prefabricated panel homes, etc.
Please note, adding the detached dwelling as an as-of-right use does not require anyone to build a
detached dwelling nor does it change any Florida Building Code (for example: construction
requirements) or Land Development Code (for example: setbacks)requirements.
Adding the detached dwelling as an as-of-right use will provide property owners within the URM-L
District with other housing options, beyond a manufactured/mobile home. Note, as proposed a
detached dwelling would be permitted as-of-right through the approval of a building permit. While
approved via a building permit, the request for a detached dwelling is subject to the requirements of
the comprehensive plan and the other provisions of the land development code, such as development
standards, bulk regulations, rate of growth ordinances, etc.
As a whole, the proposed elevation change will result in the same level of flood protection and
resiliency as other homes (i.e. non-manufactured) within the County. While it is recognized that
there are financial impacts in elevating manufactured/mobile homes higher than what is currently
required, the benefits (not being damaged by flooding) of elevating to the BFE + lft when the home
is replaced generally outweighs the elevation costs in the long term.
Since the impacts of Hurricane Irma, the County has been working on numerous recovery, post
disaster and resiliency proposals/programs and there are several potential funding opportunities for
the owners of these manufactured/mobile homes to participate in rebuilding and elevating their
homes. Note, if owners of these manufactured/mobile homes participate in rebuilding and elevating
their homes with federal funds, the manufactured/mobile homes would need to be elevated at least 2
feet above BFE due to requirements within the Code of Federal Regulations.
The following programs are potentially available to assist in replacing, elevating and reducing the
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risk of flooding:
• FEMA Hazard Mitigation Grant Program(HMGP) for mitigation measures
• Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk of flood
damage to buildings, manufactured homes and other structures insured under the NFIP
• Pre-Disaster Mitigation (PDM) funds for hazard mitigation planning and implementation of
mitigation projects
• Rebuild Florida Program to demo,repair,reconstruct and elevate primary homes
• Voluntary Home Buyout Program utilizing Community Development Block Grant-Disaster Recovery
funding
Further, on January 21, 2020, the County was informed to qualify for a CRS Class 4 rating, the
County must meet a set point criteria in the CRS program and meet certain prerequisite standards,
including an effective regulatory program to prevent a recurrence of flooding. Communication with
ISO Program Coordination/CRS Specialists included that a modification to current floodplain
regulation provisions for elevating manufactured/mobile homes is necessary to meet the class 4
prerequisite. Allowing mobile homes to build back on 36' piers, below the minimum flood elevation
does not meet the Class 4 prerequisites. Note, ISO/CRS Specialists are responsible for reviewing
community requests for Community Rating System classification and verifying implementation of
activities credited by the CRS prior to FEMA granting the CRS class.
If the provision with the elevation exception was removed from the Land Development Code, the
County may qualify for a Community Rating System (CRS) Class 4 rating. This would increase
premium discounts for structures in the unincorporated SFHA from 25% to 30%, which would
equate to a savings of approximately $6,376,373 per year, from the current discount of
approximately $5,317,202.
History of CRS Participation and discount
Avg Savings per
Year CRS C�assf%U orsunt Total Savings NfIP Policy Cumulative Savings
10/1J2016-9/30/2017 Class 6/20f33 $3,629,670 $3,629,670
10f1/2017-9/30f2018 Class5f254o .350 $5,135,345 $8,765,015
10/1/2018-9/30/2019 Class5/25% 3 $5,135,345 $13,900,360
*10/112019-9/30/2020 Class5f25% ;j3 $5,317,202 $19,217,562
Grand Total .... .. $19,217,562
Goal
PREVIOUS RELEVANT BOCC ACTION:
On October 3, 1986, the BOCC adopted Ordinance 033-1986 which included an elevation exception
for manufactured/mobile homes.
On July 5, 1989, the URM-L land use zoning district was adopted by the BOCC, via Ordinance 019-
1989. The zoning district did not allow site-built single family residences and limited residential
structures to manufactured/mobile homes. Additionally, the zoning district provided an exception to
floodplain elevation requirements, allowing manufactured/mobile homes to be placed or replaced
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below base flood elevation.
On February 16, 1988, the BOCC adopted Ordinance 014-1988 which continued to include an
elevation exception for manufactured/mobile homes.
On February 19, 2020, at a regular meeting, the BOCC directed staff to initiate the amendment to
eliminate the elevation exception.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval to move forward with the second required public
hearing.
DOCUMENTATION:
2020-017 Draft Ordinance LDC MH elevation_URM-L
2020-017_BOCC_Staff Report manufactured_mobile home elevation
Ex. 1 eight URM-L_MH parks—LDC file 2020-017
Ex. 2 I10 Agenda Item_discussion on revising LDC for MH elevation requirements
Ex. 3 ISO email on required MH elevation Code amendment 1.21.2020
Ex. 4 History of the URM-L_LDC file 2020-017
Ex. 5. MH park built before 1975
Ex. 6 Staff analysis of elevation requirements based on current code
Ex. 7 Manufactured Home Parks Rebuild Regs.l 1.20.17pdf
Ex. 8 US Code of Federal Regulations_44 CFR 60
Ex. 9 FBC Flood Resistant Construction
Public Comment objection letter submitted to PC_5.27.20
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
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Insurance Required: n/a
Additional Details:
n/a
REVIEWED BY:
Emily Schemper Completed 05/27/2020 8:31 AM
Assistant County Administrator Christine Hurley Completed
05/28/2020 2:26 PM
Steve Williams Completed 05/28/2020 2:43 PM
Purchasing Completed 05/28/2020 2:51 PM
Budget and Finance Completed 05/28/2020 2:53 PM
Maria Slavik Completed 06/02/2020 2:18 PM
Kathy Peters Completed 06/02/2020 2:23 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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1
2
r
3
6 N
7 MONROE COUNTY, FLORIDA 44
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. XXX -2020 W
11 >
12 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY E
13 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
14 LAND DEVELOPMENT CODE TO AMEND SECTION 122-4(B)(4) TO
15 ELIMINATE THE ABILITY FOR A MANUFACTURED/MOBILE HOME TO
16 BE PLACED AT AN ELEVATION BELOW BASE FLOOD ELEVATION AND W
17 SECTION 130-53 TO AMEND THE PURPOSE OF THE URBAN RESIDENTIAL
18 MOBILE HOME—LIMITED DISTRICT (URM-L) TO ELIMINATE
19 PROVISION THAT PROVIDES FOR A MANUFACTURED/MOBILE HOME TO
20 BE PLACED AT AN ELEVATION BELOW BASE FLOOD ELEVATION AND
21 SECTION 130-100 TO ADD DETACHED DWELLINGS AS AN AS-OF-RIGHT
22 USE WITHIN THE URBAN RESIDENTIAL MOBILE HOME—LIMITED m
23 DISTRICT (URM-L); PROVIDING FOR SEVERABILITY; PROVIDING FOR
24 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR _
25 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
26 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
27 INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT
28 CODE; PROVIDING FOR AN EFFECTIVE DATE.
29
30 >
31 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
32 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the health,
33 safety, and welfare of the County's citizens; and
34
35 WHEREAS, on September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a
36 Category 4 Hurricane with maximum sustained winds of 130 mph. Hurricane Irma caused significant
37 damage throughout the Florida Keys, particularly to structures built prior to the upgraded Florida
38 Building Code adopted after Hurricane Andrew, to non-elevated structures and to mobile homes; and
39
40 WHEREAS, Monroe County Floodplain regulations allow for the substantial improvement and
41 replacement of manufactured/mobile homes in URM-L zoned manufactured/mobile home parks to be
42 placed at 36 inches above grade, if the unit meets the criteria of Section 1224(b)(4), regardless of flood
43 risk; and
44
45 WHEREAS; placing manufactured/mobile homes at 36 inches, the manufactured/mobile home
46 may not be protected to the level of the base flood elevation (BFE), which can make the home
47 susceptible to being inundated by floodwaters and damaged by floating debris; and C
48
Ordinance No. -2020 Page 1 of 5
File 42020-017
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I WHEREAS; the elevation requirements of manufactured/mobile home should be reviewed in
2 light of the impacts of Hurricane Irma and the County's better understanding of the flood risks
3 associated with structures below BFE and the County's ongoing resiliency efforts; and
4
5 WHEREAS; amending the Land Development Code to eliminate the ability for a
6 manufactured/mobile home to be placed at an elevation below base flood elevation (BFE) within the
7 URM-L zoning district, may allow the County to qualify for the CRS Class 4 rating, increasing premium
8 discounts for structures in the unincorporated SFHA from 25%to 30%, which would equate to a savings
9 of approximately $6,376,373 per year, from the current discount of approximately $5,317,202 per year;
10 and
11 >
12 WHEREAS; removing the elevation exception for a manufactured/mobile homes within the E
13 URM-L zoning district will provide additional protection to residents that reside in manufactured/mobile '
14 homes in flood hazard areas, reduce the repeated impacts by flooding, and enhance public health, safety
15 and welfare; and
16
17 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and o
18 considered the proposed amendments at a regularly scheduled meeting held on the February 25, 2020; 0
19 and X
20
21 WHEREAS, at a regularly scheduled meeting held on May 27, 2020, the Monroe County
22 Planning Commission held a public hearing for the purpose of considering the proposed amendment and m
23 provided for public comment; and
24 _
25 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P11-20
26 recommending approval for the proposed amendment; and
27
28 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 0�
29 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
30 the citizens of the Florida Keys and to strengthen our local government capability to manage land use >
31 and development; and s
32
33 WHEREAS, at a regularly scheduled meeting held on the June 17, 2020, the Monroe County
34 Board of County Commissioners held the first public hearing, considered the staff report, and provided
35 for public comment and public participation in accordance with the requirements of state law and the
36 procedures adopted for public participation in the planning process; and
37
38 WHEREAS, at a regularly scheduled meeting held on the July 15, 2020, the Monroe County
39 Board of County Commissioners held the second public hearing, considered the staff report, and
40 provided for public comment and public participation in accordance with the requirements of state law
41 and the procedures adopted for public participation in the planning process; and
42
43 WHEREAS, based upon the documentation submitted and information provided in the
44 accompanying staff report, the Monroe County Board of County Commissioners makes the following
45 Conclusions of Law:
46 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
47 County Year 2030 Comprehensive Plan; and C
Ordinance No. -2020 Page 2 of 5
File 42020-017
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1 2. The proposed amendment is consistent with the Principles for Guiding Development for the
2 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
4 4. The proposed amendment is necessary due to new issues and the need for additional detail or
5 comprehensiveness, as required by Section 102-158 of the Monroe County Code.
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
8 OF MONROE COUNTY, FLORIDA:
9
10 Section 1. The Monroe County Land Development Code is hereby amended as follows:
11 >
0
Proposed Amendment deletions are stfiekeft thfeuo; additions are shown in underlined . E
12
13 Sec. 122-4. - Standards for Issuance of Building Permits in Areas of Special Flood Hazard.
14 (a) Generally. No building permit for proposed construction or development activity within an area of
15 special flood hazard shall be granted, by the Building Official or the floodplain administrator, o
16 unless the proposed new construction is in compliance with the standards set forth in this chapter. In
17 all areas of special flood hazard,the following standards apply:
18 '�
19 (b) Additional standards. In all areas of special flood hazard where base flood elevation data has been o
20 provided the following provisions are required: >
21 (4)Manufactured homes.
22 a. Effective June 1, 1977, no manufactured home not already in place shall be placed within s
23 areas of special flood hazard except in an existing manufactured home park or subdivision,
24 as hereafter defined. Require that manufactured homes to be placed or substantially
25 improved on sites in an existing manufactured home park or subdivision within Zones A-1-
26 30, AH, AE, V and VE on the community's FIRM shall be elevated such that the lowest floor
27 and mechanical equipment is at or above the elevation required, as applicable to the flood 2
28 hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section
29 R322.3 (Zone V). i the event that the Feder-a! Eme-geney M r,,, efnent Ageney elif i tes 0)
30
31 -no
32 b
33
34 1. The lot whieh �he fna*tifaetur-ed home is to be plaeed is loeated in a* e*iS4"
35
36 fnaau�etar-ed homes not at base flood elevation. 0
37
38 s4sta*tial damage due to a flood) on sites in emsting fna*u�etur-ed home par-ks
39
40
41 tha* 36 inehes in height above �he gr-ade at�he site. A lower- fqtmdation system eoul
42 used if�he top of�he f4nished floor- of�he manufaetur-ed home or-the bot4ofn of�he beam
43 E
44
45
46 seetion or- ..hapto,- 18 of the Fie-id Building Code w hiel eve-; plieablo
Ordinance No. -2020 Page 3 of 5
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1
2
3
4 Sec. 130-53. -Purpose of the Urban Residential Mobile Home—Limited District (URM-L).
5 The purpose of the URM-L district is to recognize the existence of parks and subdivisions which
6 consist exclusively, or almost exclusively, of mobile homes, but not to create new such areas, i* er-der
7 to F""' t pr-epefty owners in stieh areas to r-eplaee or- establish mobile hemes below base fl
N
8
9
J
10
11
12 Sec. 130-100. -Urban Residential Mobile Home—Limited District(URM-L). E
13 (a) The following uses are permitted as of right in the Urban Residential Mobile Home-Limited t
14 district:
15 (1) Mobile homes;
16 (2) Recreational vehicles in a registered RV park or park trailers commonly known as 'park
17 models' as defined in F.S. 320.01;
18 (3) Detached dwellings
19 L41Home occupations Special use permit required;
20 (54) Accessory uses;
21 (0) Tourist housing uses, including vacation rental uses, are prohibited except in gated
22 communities that have:
23 a. Controlled access; and s
24 b. A homeowner's or property owner's association that expressly regulates or manages
25 vacation rental uses;
26 (26) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c);
27 Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
28 section 146-5(f); and
29 (9-9) Wastewater nutrient reduction cluster systems that serve less than ten residences.
30 (b) The following uses are permitted as minor conditional uses in the urban Residential mobile
31 home—limited district, subject to the standards and procedures set forth in chapter 110, article
32 III:
33 (1) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
34 (2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
35 and
36 (3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
37 pursuant to section 146-5(f).
38
39 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
40 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
41 shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall
42 be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved
43 in the controversy in which such judgment or decree shall be rendered.
44 E
45 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
46 ordinance are hereby repealed to the extent of said conflict.
47
Ordinance No. -2020 Page 4 of 5
File 42020-017
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I Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
2 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
3
4 Section 5. Filin2. This ordinance shall be filed in the Office of the Secretary of the State of
5 Florida but shall not become effective pursuant to Section 9 until a final order is issued according to F.S.
6 380.05(6) by the Florida State Land Planning Agency or Administration Commission approving the
7 ordinance, and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
8 Chapter 120. -
9
10 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
11 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to
12 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of E
13 the Code.
14
15 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
W
16 above. �
17
18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
19 at a regular meeting held on the 15th day of July, 2020. x
20
21 Mayor Heather Carruthers
22 Mayor Pro Tem Michelle Coldiron
23 Commissioner Craig Cates
24 Commissioner David Rice
25 Commissioner Sylvia Murphy
26
27
28 BOARD OF COUNTY COMMISSIONERS >
29 OF MONROE COUNTY, FLORIDA
30
31 BY
32 MAYOR HEATHER CARRUTHERS
33
34 (SEAL)
35
36 ATTEST: KEVIN MADOK, CLERK
37
38 DEPUTY CLERK
CD
39 N
40
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CD
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair W
c
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
i�
r9
From: Mayte Santamaria, Senior Planning Policy Advisor
Lori Lehr, CFM, Floodplain Program
Karl Bursa, AICP, CFM, Chief of Floodplain Regulatory Operations X
Date: May 27, 2020
Subject: An ordinance by Monroe County Board of County Commissioners (BOCC) adopting
amendments to the Monroe County Land Development Code to amend Section 122-
4(b)(4) to eliminate the ability for a manufactured/mobile home to be placed at an
elevation below base flood elevation and Section 130-53 to amend the purpose of the
Urban Residential Mobile Home—Limited District(URM-L)to eliminate provision that
provides for a manufactured/mobile home to be placed at an elevation below base flood
elevation and Section 130-100 to add detached dwellings as an as-of-right use within the E
Urban Residential Mobile Home—Limited District(URM-L) (File 2020-017).
m
Meeting: June 17, 2020 and July 15, 2020 c
i
I. REQUEST
The Monroe County Planning & Environmental Resources is proposing text amendments to
Section 1224(b)(4) to eliminate the ability for a manufactured/mobile home to be placed at an Ei
elevation below base flood elevation (36 inch elevation exception) and Section 130-53 to amend _
the purpose of the URM-L district to eliminate provision that provides for a manufactured/mobile
home to be placed at an elevation below base flood elevation and Section 130-100 to add detached
dwellings as an as-of-right use(permitted through a building permit)within the Urban Residential
Mobile Home—Limited District(URM-L). UI
On February 19, 2020, at a regular meeting, the BOCC held a discussion to determine if staff ca
should initiate land development code amendments to eliminate the ability for a
manufactured/mobile home to be placed at an elevation below base flood elevation (BFE), on 36'
piers,within the Urban Residential Mobile Home—Limited District(URM-L)to meet CRS Class
4 criteria. The BOCC directed staff to initiate the amendment to eliminate the elevation exception.
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II. BACKGROUND INFORMATION
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On September 10,2017,Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane
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with maximum sustained winds of 130 mph. Hurricane Irma caused significant damage -
throughout the Florida Keys,particularly to structures built prior to the upgraded Florida Building
Code adopted after Hurricane Andrew, to non-elevated structures and to mobile homes.
DAMAGEPREtIMINARY
a�
KEY LARGO 3 1 3215 75
VILLAGE OF ISLAMORADA B 458 427 47
FIESTA KEY 0 0 257 �
CRAIG KEY 0 1 i 0 B
CITY Of LAYTON 4 160 1s W
LONG KEY 1 36 14 0
GCatICIa KEY 0 7 i 13 4
DUCK KEY 2 a 83 7
CITY GF KEY COLONY BEACH B 2, BBB 206 0)
0 4018 $29 1402 X
QH O KEY 0 B 0 M7 r_
BARI[A HONEDA KEY 6, '9 6 B
BIG DINE KEY 264, 663 299
LITTLC TORCH KEY 339 300I 25
MIDDLE TORCH KEY 3, B 12 0110
BIG TORCH KEY 11 A 37 1
BAMBOO KEY 31 20 493 12 �
SUMMER LAND KEY 31 706 20 10
CUDJOE KEY 134 624 52
5LICARLOAT KEY 125+ 207 03
LIPPER SLIGARtOAF KEY 175 B 0 0
LOWER SUGARLOAF KEY LI 161: 110 LI �
SA DDLEBUNCH KEYS 82 II B B W
ISHARK KEY 0 49 0 B 0)
BIG COPPITT KEY 122 Sao 63 4
GEIGER KEY 41 252 B 7
ROCKLAND KEY 1 66 31 Ea Iy
KEY HAVE,N LI 457 1 0
STOCK ISLAND W5 565 22 1s
B 1162S 28.2 39
-----------------------------------------
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Currently, the Monroe County Floodplain regulations allow for the substantial improvement and Q
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replacement of manufactured/mobile homes in URM-L zoned manufactured/mobile home parks to
be placed at 36 inches above grade, if the unit meets the criteria of Section 1224(b)(4), regardless 0)
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of flood risk, including FEMA Special Flood Hazard Areas (SFHA) flood zones or Base Flood
Elevations (BFE), unless the manufactured/mobile homes are substantially damaged by flooding.
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Sec. 1224(b)(4)
(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 0
eliminates the existing manufactured home park or subdivision requirement of 44 CFR E
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 inaV be placed at an elevation U
belowbase flood elevation provided that: Z
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 ands irrounded by 2
inanzrfac nixed hoines not at base flood elevation,
2. The manufactured homes that are placed or substantially improved (for other than X
substantial damage due to a flood) on sites in existing manufactured home parks or
subdivisions in flood hazard areas shall be elevated so that the manirfacnired home o
chassis is Qipporled lay'reinf)rced Piet°s or other foundation elements that are no less �
than 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 s
beam (for V zones) would be at or above the base flood elevation using such
foundation.
0
3.All other foundations requiring elevation of the structure in order to meet the floodplain
standards must comply with Section 122-3(c), the provisions of subsection (b)(S) of >
this section or chapter 18 of the Florida Building Code whichever is applicable. W
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Note: the existing Code criteria includes that the manufactured/mobile home must be in an existing
manufactured home park and contiguous to and surrounded by other mobile homes not at base flood 2
elevation. In other words, the existing Code provides that if the manufactured/mobile home is not
contiguous and surrounded by other manufactured/mobile homes on 36" piers, then under the
existing Code, when the manufactured/mobile home is replaced, it cannot be replaced on 36" piers
and must be elevated to meet BFE. It is also important to note that as manufactured/mobile homes
are replaced and elevated to BFE under the existing Code (or as more RVs are approved), the
manufactured/mobile homes units contiguous to these replaced units (or RVs) will then be subject
to elevating to BFE - i.e. a continual domino effect. Gradually, more manufactured/mobile homes
units will be required to elevate to BFE, even with the current elevation exception.
This elevation regulation should be reviewed in light of the impacts of Hurricane Irma and the
County's better understanding of the flood risks associated with structures below BFE and the
County's ongoing resiliency efforts. Manufactured/mobile homes should be required to meet
Florida Building Code elevation requirements, specifically to be installed above the BFE in order
to resist collapse,flotation or any lateral movement that might occur during flooding. When placing
manufactured/mobile homes at 36 inches, the manufactured/mobile home may not be protected to
the level of the BFE, which can make the unit susceptible to being inundated by floodwaters and
damaged by floating debris.
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Removing the elevation exception within Section 122-4(b)(4), of the Monroe County Floodplain 9
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Regulations will protect residents that reside in manufactured/mobile homes in flood hazard areas, N
reduce the repeated impacts by flooding, and enhance public health, safety and welfare.
There are approximately 20,200 total structures in the SFHA flood zone. Of these structures, there
are approximately 775 manufactured/mobile homes in eight (8) existing manufactured/mobile
76
home parks within the URM-L designation in the unincorporated County. All of these >
manufactured/mobile homes (100%) are within the SFHA flood zone (see attachments). Staff has E
reviewed the eight URM-L designated manufactured/ mobile home parks and provided the 2
following summary based on an analysis of best available data:
W
Manufactured/mobile #of MHs #of
home(MH)count* # # that must additional o
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URM-L existing based on June field currently currently elevate to affected MHs
manufactured/ Properly visits,aerial imagery SFHA elevated elevated at BFE+lft with proposed
mobile home parks address &department data below or above under policy change
(does not include BFE BFE current to remove 36"
other structure types) code** exception* .2
os
Stock Island
1 00126550-000000 5031 SthAve 77 AE 8 2 75 2 0
2 Stock Island 6500 93*** AE 9 93 0 45 48
00126090-000000 Maloney Ave 2
Stock Island 6531 AE 9 >
3 12 9 3 4 5
00125740-000000 Maloney Ave AE 10
m
Stock Island 6529 AE 9 c
4 00125750-000000 Maloney Ave 4 AE 10 3 1 3 0
m
Stock Island 6511 AE 9 Z
5 10``` 10 0 0 10 c
00132350-000000 Maloney Ave AE 10
I
Stock Island 6621 AE 9
6 24 24 0 14 10
00125770-000000 Maloney Ave AE 10
Big Coppitt ,
00121761-
7 000000+ 55 Boca 131*** AE 10 VE 10 126 5 88 38
00121762- Chica RdI
000100+
AE 9
Cudjoe AE ll
701 Spanish
8 00188681- Main Dr 424*** VE 12 289 135 248 41
000000+ VE13 U)
I
VE 15
CJ
Total 775 556 219 404 152
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*This does not include vacant spaces/parcels.
"This estimate could increase, if during permitting a property is determined to have been substantially damage by flood. �
`**This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work, and N
should not be used nor relied upon for these items.
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Staff estimates of the approximately 775 manufactured/mobile homes, that approximately 219
(28%) are currently elevated at or above BFE and 556 (72%) are currently elevated below BFE.
Of approximately 775 manufactured/mobile homes, it is estimated that 404 (52%) would be
required to elevate based on the current adopted regulations because the home is not contiguous to
and surrounded by manufactured homes not at BFE(see attachments -based on best available data
and the analysis of the manufactured/mobile homes which do not meet the criteria of LDC Section
122-4(b)(4)b). Note, this estimate could increase, if during permitting a property is determined to
have been substantially damage by flood. E
2
It is also important to note that as these manufactured/mobile homes are replaced and elevated to
BFE under the current provisions of the Floodplain Regulations, the manufactured/mobile homes
units contiguous to these replaced units will then be subject to elevating to BFE (i.e. a continual
domino effect). Gradually, more manufactured/mobile homes units will be required to elevate to 0
BFE, even with the current elevation exception.
x
If the provisions with the elevation exception were removed from the Land Development Code,
then the manufactured/ mobile homes within the eight (8) existing URM-L designated 2
manufactured/ mobile home parks would be required to elevate above current requirements upon m
replacement. This would be a gradual process, as the units would not need to be elevated until they
are laced replaced or substantial) damaged or substantial) improved the proposed change
s
placed, P Y g Y P ( P P g �
would apply at the time of replacement). Staff estimates of the 775 manufactured/mobile homes,
that approximately 152 (20%)would be the number of additionally affected manufactured/mobile
homes [i.e. if elevation exception was removed,these units would be required to elevate above the
currently required 36 inches, even if the units were contiguous to and surrounded by manufactured
homes also not at BFE]. Overall,the rate of replacement in these URM-L parks is slow, so it would E
take multiple years before all the manufactured/mobile homes would be elevated.
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The proposed amendment to allow detached dwellings within the URM-L district will provide 0
property owners with other housing options with greater resilience and wind-load provisions. The Ei
term detached dwelling means an individual dwelling unit that is developed with open yards on all 2
sides of the dwelling unit. The term includes single family residences but does not include mobile
homes or recreational vehicles. In other words, if the amendment was adopted, by Code other
types of single family homes could be built within the URM-L district. This could include concrete
homes, concrete block homes,wood frame homes,modular homes,prefabricated panel homes,etc. Ei
Please note, adding the detached dwelling as an as-of-right use does not require anyone to build a 0
detached dwelling nor does it change any Florida Building Code (for example: construction
requirements) or Land Development Code (for example: setbacks)requirements. ;
Adding the detached dwelling as an as-of-right use will provide property owners within the URM-
L District with other housing options, beyond a manufactured/mobile home. Note as proposed a
detached dwelling would be permitted as-of-right through the approval of a building permit. While
approved via a building permit, the request for a detached dwelling is subject to the requirements
of the comprehensive plan and the other provisions of the land development code, such as
development standards, bulk regulations, rate of growth ordinances, etc.
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As a whole, the proposed elevation change will result in the same level of flood protection and 9
resiliency as other homes (i.e. non-manufactured) within the County. While it is recognized that N
there are financial impacts in elevating manufactured/mobile homes higher than what is currently
required,the benefits (not being damaged by flooding)of elevating to the BFE+ 1 ft when the home -
is placed or replaced generally outweighs the elevation costs in the long term.
Since the impacts of Hurricane Irma, the County has been working on numerous recovery, post >
disaster and resiliency proposals/programs and there are several potential funding opportunities for E
the owners of these manufactured/mobile homes to participate in rebuilding and elevating their '
homes.Note,if owners of these manufactured/mobile homes participate in rebuilding and elevating
their homes with federal funds,the manufactured/mobile homes would need to be elevated at least
2 feet above BFE due to requirements within the Code of Federal Regulations.
The following programs are potentially available to assist in replacing, elevating and reducing the o
risk of flooding:
• FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures X
• Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term r_
risk of flood damage to buildings, manufactured homes and other structures insured under
the NFIP
• Pre-Disaster Mitigation (PDM) funds for hazard mitigation planning and implementation
of mitigation projects
• Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes
• Voluntary Home Buyout Program utilizing Community Development Block Grant-
Disaster Recovery funding m
Further, on January 21, 2020, the County was informed to qualify for a CRS Class 4 rating, the e
County must meet a set point criteria in the CRS program and meet certain prerequisite standards,
a�
including an effective regulatory program to prevent a recurrence of flooding. Communication
with ISO Program Coordination/CRS Specialists included that a modification to current floodplain 0
regulation provisions for elevating manufactured/mobile homes is necessary to meet the class 4 'aI
prerequisite. Allowing mobile homes to build back on 36' piers, below the minimum flood 2
elevation does not meet the Class 4 prerequisites. Note, ISO/CRS Specialists are responsible for
reviewing community requests for Community Rating System classification and verifying
implementation of activities credited by the CRS prior to FEMA granting the CRS class.
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Excerpt from the CRS Coordinator's Manual: 0
21 1. . Class 4 Prerequisites
A Class 4 or better community must demonstrate tluat it has programs that minimize flood
losses, minimize increases in future flooding, protect natural floodplain finictions, and
protect people from the dangers of flooding- Even though it may luive enosugh points, a i
community that cleared most of the buuildings from it.s floodplain with disaster assistance
fin-ids after a flood cannot be a Class. 4 or better if it does not have �n effective regulatory
progra to fe event a ire of the problem- N
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In arder to be a Class 4 or better, a community must demonstrate that it has enough points,
to warrant the class AND meet the following prerequisites.
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(1) The comnnnunity must meet all the Class 6 prerequisites°
(2) The comnnnunity must have received and continue to maintain a classification of 414 or W
better udder the BCE S-
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(3) The community nnust demonstrate that it has taken appropriate steps to elinn hate or m
nnninimnize future flood losses- To do this. a Clays 4 or better comnnnwitly must receive
credit for the following CRS activities.
�a Activity 430 (Higher Regulatory Standards)—The corninnunity must show that it W
enforces higher regulatory standards to manage new development in the floodplain.
(1) The comnnnuumity nnuust adopt and enforce at least a 1-foot freeboard requirernerit
611ch-viing equipment or mechanical items) for all buildings constructed, X
substantially improved andJor reconstnicted due to substantial damage, and
buildings allowed to be floodproofed, throughout its SFHA, except those areas
that receive € Sp credit sunder Activity 420 (Open Space preservation). In, m
uunnumbered A, AO, and V Zones, the comnnnuunity nnuust first deternnine a base
flood elevation,consistent with the techniq ues credited wider Activity 410 _
1Flood Hazard Mapping)-
If the provision with the elevation exception was removed from the Land Development Code, the
County may qualify for a Community Rating System (CRS) Class 4 rating. This would increase
premium discounts for structures in the unincorporated SFHA from 25% to 30%, which would E
equate to a savings of approximately $6,376,373 per year, from the current discount of
approximately $5,317,202.
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History of CRS Participation and Discount
Avg Savings per
Year 7coassl%Discount Total Savings Cumulative Savings
NFiP Policy
--------- -------- -- -- --------- ------ ------
10/1J2016-9/30/2017 Class 6/20% $733 $3,629,670 $3,629,670 �
EI
10/1/2017-9/30/2018 Class 5/25% $35 $5,135,345 $8,765,015
10/1/2015-9/30/2019 Class 5/25% 3`C.... $5,135,345 $13,900,360
*10/1/2019-9/30/2020 Class 5/25% �s3;73 $5,317,202, $19,217,562
.... ....... ......... ......... ........ ...... ......... .......
Grand Total $19,217,562 ¢
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Goal
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It is noted that seven of the eight URM-L properties subject to this amendment are within the a
Military Installation Area of Impact (MIAI); however, the proposed text amendment is not
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anticipated to result in an adverse change. The proposed amendment does not propose to increase
the intensity or density of the land adjacent to or in close proximity to the Naval Air Station Key
West, adopted Policy 108.2.6 recognizes the single-family and mobile home land uses within the
Residential High(RH)FLUM and the development of detached dwellings may provide additional -
sound attenuation for occupants of these units and in close proximity to the Naval Air Station Key
West. W
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BOCC direction 2
On February 19, 2020, at a regular meeting, the BOCC directed staff to initiate the amendment to
eliminate the elevation exception.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was not required because
the amendment does not have a county-wide impact. X
Development Review Committee and Public Input
The Development Review Committee considered the proposed amendment at a regular meeting on
February 25, 2020 and received public input.
Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting on May 27,
2020,provided for public input and recommended approval of the proposed amendment.
III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS c
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The proposed text is shown as follows: additions are in underlined, deletions are sue. c
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Sec. 122-4. - Standards for Issuance of Building Permits in Areas of Special Flood Hazard. 2
(a) Generally.No building permit for proposed construction or development activity within an area
of special flood hazard shall be granted,by the Building Official or the floodplain administrator,
unless the proposed new construction is in compliance with the standards set forth in this
chapter. In all areas of special flood hazard, the following standards apply. E
0
(b) Additional standards. In all areas of special flood hazard where base flood elevation data has
been provided the following provisions are required:
(4)Manufactured homes. U)
a. Effective June 1, 1977,no manufactured home not already in place shall be placed within U�
areas of special flood hazard except in an existing manufactured home park or O
subdivision, as hereafter defined. Require that manufactured homes to be placed or i
substantially improved on sites in an existing manufactured home park or subdivision
within Zones A-1-30, AH, AE, V and VE on the community's FIRM shall be elevated
such that the lowest floor and mechanical equipment is at or above the elevation
required,as applicable to the flood hazard area,in the Florida Building Code,Residential
Section R322.2 (Zone A) or Section R322.3 (Zone V). in rho event *hat rho Fed ' E
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cV
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b-
„f ,, a i. �,o ,os r at base flood elevation c
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eeniply w4h Seetionrz22 3(C^l *�6visleirs--vr >
whieheyer is applieable.
Sec. 130-53. -Purpose of the Urban Residential Mobile Home—Limited District(URM-L).
a�
The purpose of the URM-L district is to recognize the existence of parks and subdivisions which
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consist exclusively, or almost exclusively, of mobile homes, but not to create new such areas
a�
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Sec. 130-100. -Urban Residential Mobile Home—Limited District(URM-L).
(a) The following uses are permitted as of right in the Urban Residential Mobile Home-Limited
district: r_I
(1) Mobile homes;
(2) Recreational vehicles in a registered RV park or park trailers commonly known as 'park
models' as defined in F.S. 320.01;
(3) Detached dwellings v)l
(44) Home occupations Special use permit required;
c,
(54) Accessory uses;
(6�) Tourist housing uses, including vacation rental uses, are prohibited except in gated CO
communities that have: c,
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses;
(16) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); E
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(8�) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 9
section 146-5(f); and
(9-9) Wastewater nutrient reduction cluster systems that serve less than ten residences.
a�
(b) The following uses are permitted as minor conditional uses in the urban Residential mobile -
home—limited district, subject to the standards and procedures set forth in chapter 110,
article III:
(1) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); >
(2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- E
5(e); and
(3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f).
IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE o
The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
0
1. Changed projections (e.g., regarding public service needs) from those on which the text or >
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A m
3. Data errors, including errors in mapping, vegetative types and natural features described in E
volume 1 of the plan;
N/A
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4. New issues; i
To qualify for a CRS Class 4 rating, the County must meet a set point criteria in the program 2
and meet the prerequisite standards. Communications with ISO Program Coordination/CRS
Specialists, have included that a modification to current floodplain regulation provisions for
elevating manufactured/mobile homes is necessary to meet the class 4 prerequisite. If the
County receives a CRS Class 4 rating,this would increase premium discounts for structures in Ei
the unincorporated SFHA from 25% to 30%, which would equate to a savings of 0
approximately $6,376,373 per year, from the current discount of approximately $5,317,202.
5. Recognition of a need for additional detail or comprehensiveness; or
The current floodplain regulation provisions for elevating manufactured/mobile homes may
maintain a portion of the most vulnerable population and building inventory at risk,by allowing
the units to remain susceptible to being inundated by floodwaters and damaged by floating debris.
Recognizing the impacts of Hurricane Irma, the County's better understanding of the flood risks '
associated with structures below BFE and the County's ongoing resiliency efforts, amending
Sections 122-4, 130-53 and 130-100 to eliminate the ability for a manufactured/mobile home to
be placed at an elevation below BFE and to add detached dwellings as an as-of-right use
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(permitted through a building permit) within the Urban Residential Mobile Home—Limited
District (URM-L) will further protect residents that reside in manufactured/mobile homes in N
flood hazard areas, reduce the repeated impacts by flooding, will provide property owners with
other housing options with greater resilience and wind-load provisions and will enhance the
overall public health, safety and welfare of Monroe County. The proposed changes will result in
a consistent flood elevation protection for homes within the County.
6. Data updates; c
N/A 2
In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
with a Livable CommuniKeys master plan pursuant to findings of the Board of County o
Commissioners.
X
The proposed text amendment is not anticipated to result in an adverse community change. C
0
V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
0
Objective 101.3 a�
Monroe County shall regulate new residential development based upon the finite carrying capacity of the
natural and man-made systems and the growth capacity while maintaining a maximum hurricane E
evacuation clearance time of 24 hours.
m
Policy 101.3.1
Monroe County shall maintain a Permit Allocation System for new residential development known as the
Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall limit the
number of permits issued for new residential dwelling units. The ROGO allocation system shall apply Ei
within the unincorporated area of the county, excluding areas within the county mainland and within the
Ocean Reef planned development(Future development in the Ocean Reef planned development is based
upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by
the Department of Community Affairs).New residential dwelling units included in the ROGO allocation
system include the following: affordable housing units; market rate dwelling units; mobile homes; and v)i
institutional residential units (except hospital rooms).
U
Vessels are expressly excluded from the allocation system,as the vessels do not occupy a distinct location, hI
and therefore cannot be accounted for in the County's hurricane evacuation model. Under no
circumstances shall a vessel, including live-aboard vessels, or associated wet slips be transferred upland CD
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or converted to a dwelling unit of any other type.Vessels or associated wet slips are not considered ROGO N
allocation awards, and may not be used as the basis for any type of ROGO exemption or THE (Transfer
of ROGO Exemption).
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ROGO Allocations for rooms,hotel or motel;campground spaces;transient residential units;and seasonal
residential units are subject to Policy 101.3.5. N
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Policy 101.3.5
Due to the limited number of allocations and the State's requirement that the County maintain a maximum
hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new transient residential
allocations for hotel or motel rooms, campground spaces, or spaces for parking a recreational vehicle or
travel trailer until May 2022. Lawfully established transient units shall be entitled to one unit for each
type of unit in existence before January 4, 1996 for use as a ROGO exemption. E
Policy 101.5.5
Monroe County shall maintain Land Development Regulations which allow nonconforming
nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully
existed on such lands on January 4, 1996 to develop,redevelop,reestablish and/or substantially improve o
provided that the use is limited in density, intensity, floor area, and to the type of use that existed on
January 4, 1996.
Policy 101.9.1
Substantial improvement is defined as any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds fifty percent of the predestruction market value of the structure.Improvements
to historic structures and improvements to meet health sanitary or safety code specifications are not
p rY Y p
considered substantial improvements.
Policy 101.9.5 °—
Existing manufactured homes which are damaged or destroyed so as to require substantial improvement m
shall be required to meet the most recent HUD standards, and the floodplain management standards set . ,
forth by FEMA.
0
Policy 101.2.4
In the event of a pending major hurricane (Category 35) Monroe County shall implement the 0
following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane E
evacuation clearance time for the resident population.
1.Approximately 48 hours in advance of tropical storm winds,a mandatory evacuation of non-residents, '
visitors, recreational vehicles (RVs), travel trailers, live-aboard vessels (transient and non-
transient), and military personnel from the Florida Keys shall be initiated. State parks and
campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-
residents should be strictly limited. Ei
2.Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home
residents, special needs residents, and hospital and nursing home patients from the Keys shall be
initiated.
3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of
permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation i
zones are as follows:
U
a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM 63-106.5 and
MM 1-9.5 of CR 905) N
e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
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The actual sequence of the evacuation by zones will vary depending on the individual storm. The
concepts embodied in this staged evacuation procedures should be embodied in the appropriate County cv
operational Emergency Management Plans. cv
The evacuation plan shall be monitored and updated on an annual basis to reflect increases, decreases t,
and or shifts in population;particularly the resident and non-resident populations.
76
For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number of allocations
to more than 197 residential units a year, except for affordable housing. Any increase in the number of E
allocations shall be for affordable housing.
Policy 101.14.2
Monroe County shall prohibit the placement of mobile homes within the CHHA except on an approved `'"
lot within an existing mobile home park or URM Subdivision. o
Policy 108.2.2
Density and intensity standards and land uses established by the Future Land Use Element and Future
Land Use Map, on the effective date of this policy, for properties located within the MIAI overlay shall o
be recognized and allowed to develop to the maximum development potential pursuant to the standards
existing on the effective date of this policy. (Ord. 012-2012, DEO 12-IACSC-NOI-4401-(A)-(I),
Effective date of July 19, 2012) s
Policy 108.2.4
Existing development located within the MIAI overlay shall be recognized and allowed to redevelop.
Further, the property's established density and intensity standards and land uses provided by the Future
Land Use Element and Future Land Use Map shall be recognized and allowed to redevelop to the
maximum development potential pursuant to the standards existing on the effective date of this policy.
(Ord. 012-2012, DEO 12-IACSC-NOI-4401-(A)-(I),Effective date of July 19, 2012) 0
m
Policy 215.1.4
In the event of a pending major hurricane (category 3-5) Monroe County shall implement the following
staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation
clearance time for the resident population. '
1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient and non-
transient), and military personnel from the Keys shall be initiated. State parks and campgrounds
should be closed at this time or sooner and entry into the Florida Keys by non-residents should be Ei
strictly limited.
0
2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile
home residents,special needs residents,and hospital and nursing home patients from the Keys shall
be initiated.
3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of i
permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation
zones are as follows: O
a) Zone 1 —Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) h1
b) Zone 2—Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
c) Zone 3 —West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63) c,
d) Zone 4 —West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
106.5 and MM 1-9.5 of CR 905)
e) Zone 5—905A to, and including Ocean Reef(MM 106.5-126.5)
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The actual sequence of the evacuation by zones will vary depending on the individual storm.The concepts 9
CD
embodied in this staged evacuation procedures should be embodied in the appropriate County operational
Emergency Management Plans. cV
The evacuation plan shall be monitored and updated on an annual basis to reflect data from actual
evacuation events and increases, decreases and or shifts in population; particularly the resident and non-
resident populations.
c
This Policy shall not increase the number of allocations to more than 197 residential units a year, except
for affordable housing. Any increase in the number of allocations shall be for affordable housing only.
GOAL 216
Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment to increase
public safety and reduce damages and public expenditures o
Objective 216.1
Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard Area(CHHA)
which reduces floodplain alteration and damage or loss due to natural disasters. o
Policy 216.1.1
Monroe County shall define the CHHA as the area below the elevation of the category I storm surge line
as established by a Sea,Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge
model. The CHHA shall be shown on the Future Land Use Map.
Policy 216.1.4 m
Monroe County shall continue its policy of reviewing the current Building Code and, as appropriate,
adopting structural standards and site alteration restrictions that meet or exceed the minimum FEMA
requirements. The Building Code shall be reviewed and revised at least every five years. The 0
recommendations of the applicable interagency hazard mitigation report shall be considered in revisions
to the Code.
0
Policy 216.1.5 'aI
Monroe County shall continue to participate in the National Flood Insurance Program(NFIP)Community
Rating System (CRS) to the maximum extent possible and shall seek to improve its current CRS Class
rating.
Objective 216.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which addresses Ei
priorities for immediate recovery and long-term redevelopment including reducing the exposure of human
life to natural hazards.
Objective 216.3
Monroe County shall maintain land development regulations which directs future growth away from the U)
Coastal High Hazard Area(CHHA).
U
Policy 216.3.1 h1
Monroe County shall prohibit the construction of mobile homes within the CHHA except on an approved r~
lot within an existing mobile home park or subdivision zoned for such use as of the effective date of this
N
plan. N
Glossary
Mobile Home means a structure, transportable in one or more sections, which is 8 body feet or more in
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width and over 35 feet in length and which is built on an integral chassis and designed to be used as a 9
dwelling when connected to the required utilities. Expandable recreational vehicles, known as "park N
models," designed and built as permanent residences, are considered mobile homes as well. N
m
B. The amendment is consistent with the Principles for Guiding Development for the Florida t�
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 0
principles for guiding development and any amendments to the principles, the principles shall be 2
construed as a whole and no specific provision shall be construed or applied in isolation from the other
provisions.
(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. 2
(b) Protecting shoreline and benthic resources,including mangroves,coral reef formations,seagrass beds,
wetlands, fish and wildlife, and their habitat. X
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation(for example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife, and
their habitat. >
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value,efficiency,cost-effectiveness, and amortized life of existing and proposed major
public investments,including: E
0
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities; 0
3. Solid waste treatment, collection, and disposal facilities; Ei
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks,wildlife refuges, and marine sanctuaries;
7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate. Ei
0
(1) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and ;
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems. UI
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), M
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida N
Keys. N
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
m
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(m)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. N
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining N
the Florida Keys as a unique Florida resource. m
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
c
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute E
(F.S.). Specifically, the amendment furthers:
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
development of the area that reflects community commitments to implement the plan and its elements.
These principles and strategies shall guide future decisions in a consistent manner and shall contain
programs and activities to ensure comprehensive plans are implemented. The sections of the
comprehensive plan containing the principles and strategies, generally provided as goals, objectives, C
and policies, shall describe how the local government's programs, activities, and land development
regulations will be initiated, modified, or continued to implement the comprehensive plan in a >
consistent manner.It is not the intent of this part to require the inclusion of implementing regulations
in the comprehensive plan but rather to require identification of those programs, activities, and land s
development regulations that will be part of the strategy for implementing the comprehensive plan
and the principles that describe how the programs, activities, and land development regulations will
be carried out. The plan shall establish meaningful and predictable standards for the use and
development of land and provide meaningful guidelines for the content of more detailed land >
development and use regulations.
163.3178 (1), F.S.—The Legislature recognizes there is significant interest in the resources of the coastal c
zone of the state. Further, the Legislature recognizes that, in the event of a natural disaster, the state
may provide financial assistance to local governments for the reconstruction of roads, sewer systems, Z
and other public facilities. Therefore, it is the intent of the Legislature that local government Ei
comprehensive plans restrict development activities where such activities would damage or destroy
coastal resources, and that such plans protect human life and limit public expenditures in areas that
are subject to destruction by natural disaster.
163.3194, F.S. —(1)(b) All land development regulations enacted or amended shall be consistent with
the adopted comprehensive plan,or element or portion thereof,and any land development regulations Ei
existing at the time of adoption which are not consistent with the adopted comprehensive plan, or c
element or portion thereof, shall be amended so as to be consistent. If a local government allows an W
existing land development regulation which is inconsistent with the most recently adopted
comprehensive plan, or element or portion thereof, to remain in effect, the local government shall
adopt a schedule for bringing the land development regulation into conformity with the provisions UI
of the most recently adopted comprehensive plan, or element or portion thereof. During the interim t�
period when the provisions of the most recently adopted comprehensive plan, or element or portion
thereof, and the land development regulations are inconsistent, the provisions of the most recently
adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard c,
to an application for a development order. N
CD
cv
163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be
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implemented, in part, by the adoption and enforcement of appropriate local regulations on the 9
development of lands and waters within an area. It is the intent of this act that the adoption and C44
enforcement by a governing body of regulations for the development of land or the adoption and N
enforcement by a governing body of a land development code for an area shall be based on,be related
to, and be a means of implementation for an adopted comprehensive plan as required by this act. t,
VI. PROCESS
c
Land Development Code Amendments may be proposed by the Board of County Commissioners, E
the Planning Commission, the Director of Planning, private application, or the owner or other
person having a contractual interest in property to be affected by a proposed amendment. The
Director of Planning shall review and process applications as they are received and pass them onto
the Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at o
the public hearing. The Planning Commission shall submit its recommendations and findings to
the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
adoption of the proposed amendment, and considers the staff report, staff recommendation,
Planning Commission recommendation and the testimony given at the public hearing. The BOCC
may adopt the proposed amendment based on one or more of the factors established in LDC
Section 102-158(d)(7).
m
In cases in which the proposed ordinance changes the actual list of permitted, conditional, or a)
prohibited uses within a zoning category, the board of county commissioners shall hold two (2) c
advertised public hearings on the proposed ordinance.
Z
c
VII. STAFF RECOMMENDATION
i
Staff recommends approval of the proposed amendments.
VIII.EXHIBITS
1. Maps of the eight(8) existing manufactured/mobile home parks within the URM-L designation r-I
2. February 19, 2020 BOCC agenda item summary I 10
3. Email from ISO Program Coordination/CRS Specialists dated January 21, 2020
4. History of the URM-L zoning district
5. Documentation indicating the eight(8) existing manufactured/mobile home parks within the URM-L U)
designation were constructed before 1/1/1975 (code criteria for existing MH parks) U�
6. Staff analysis of elevation requirements of manufactured/mobile homes based on existing Land
Development Section 122-4(b)(4) ca
i
7. County manufactured/mobile home regulation analysis issued on November 18, 2017 to assist in
rebuilding after Hurricane Irma
8. U.S. Code of Federal Regulations 44 CFR 60 �
9. 2017 Florida Building Code Flood Resistant Construction excerpt `44
BOCC SR Page 17 of 17
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3.
Exhibit
fJ �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
21
The Florida Keys _. Mayor Pro Tem Michelle Coldiron,District 2
43� 1 m_ 4 '{ql v Craig Cates,District I p
' David Rice,District 4 W
Sylvia J.Murphy,District 5
0
County Commission Meeting
February 19, 2020
Agenda Item Number: I.10
Agenda Item Summary #6574
X
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
10:05 AM
N
AGENDA ITEM WORDING: Discussion on revising the Land Development Code to eliminate
the ability for a manufactured/mobile home to be placed at an elevation below base flood elevation E
(BFE), on 36' piers, within the Urban Residential Mobile Home—Limited District(URM-L) to meet 2
CRS Class 4 criteria.
ITEM BACKGROUND: In order for the County to meet Community Rating System (CRS) Class
4 criteria, the Land Development Code needs to be amended to eliminate the ability for a >
manufactured/mobile home to be placed at an elevation below base flood elevation (BFE) within the
Urban Residential Mobile Home—Limited District (URM-L). The County currently allows mobile
homes to be rebuilt on 36' piers, instead of being built to minimum flood elevation standards of
other structures. The proposed change would result in the same level of flood protection (elevation
requirements) for all homes (manufactured or non-manufactured) within the County.
Currently, the Monroe County Floodplain regulations allow for the substantial improvement and T
replacement of manufactured/mobile homes in URM-L zoned manufactured/mobile home parks to 2
be placed at 36 inches above grade, if the unit meets the criteria of Section 1224(b)(4), regardless of 0
flood risk, including FEMA Special Flood Hazard Areas (SFHA) flood zones or BFE, unless the
manufactured/mobile homes are substantially damaged by flooding.
Sec. 1224(b)(4)Manufactured homes. 'ai
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 rnaV be placed at an elevation below �
base flood elevation provided that: N
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.
m
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2. 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
subdivisions in flood hazard areas shall be elevated so that the mangfactur°ed home chassis is 0
.Qipported lay'reinforced piers or ether°foundation elements that are no Tess than 36 inches in E
height ahwl,e 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 U
or above the base flood elevation using such foundation. W
3. All other foundations requiring elevation of the structure in order to meet the floodplain
standards must comply with Section 122-3(c), the provisions of subsection (b)(5) of this o
section or chapter 18 of the Florida Building Code whichever is applicable.
x
On January 21, 2020, the County was informed to qualify for a CRS Class 4 rating, the County must
meet a set point criteria in the CRS program and meet certain prerequisite standards including an
effective regulatooy program to prevent a recurrence of flooding. Communication with ISO Program
Coordination/CRS Specialists included that a modification to current floodplain regulation
provisions for elevating manufactured/mobile homes is necessary to meet the class 4 prerequisite.
Allowing mobile homes to build back on 36' piers, below the minimum flood elevation does not
meet the Class 4 prerequisites. Note, ISO/CRS Specialists are responsible for reviewing community
requests for Community Rating System classification and verifying implementation of activities E
credited by the CRS prior to FEMA granting the CRS class. 2
Excerpt from the CRS Coordinator's Manual:
211.c. Class 4 Prerequisites
A Class 4 or better community must demonstrate that it has programs that minimize flood
losses, minimize increases irr future flooding, protect natural floodplain functions. and
protect people from the dangers of flooding. Even though it pray, leave enough points. a
community that cleared most of the buildings from its floodplain with disaster assistance
funds after a flood cannot be a Class 4 or getter if it does not have an effective regulatory
propanr to prevent a recurrence of the problem.
The conim unity must demonstrate that it has taken appropriate steps to eliminate or >
minimize future flood losses. To do this. a Class 4 or better community must receive
r_
credit for the following CRS activities. e
r_
(a) Activity 430 (Higher Regulatory Standards)—Tire community must show that it
enforces higher regulatory standards to manage new development in the floodplain.
(i) The community must adopt and enforce at least a 1-foot freeboard requirement c)
(including equipment or mechanical items) for all buildings constructed.
substantially improved aged/or reconstructed due to substantial damage. and
buildings allowed to be floodproofed, throughout its SFH:. except those areas
that receive OSP credit under Activity 420 (Open Space Preservation). In
unnumbered A. AO, and V Zones. the community must first determine a base
flood elevation consistent with the techniques credited under Activity 410
(Flood Hazard Mapping).
If the provision with the elevation exception was removed from the Land Development Code, the
County may qualify for a Community Rating System (CRS) Class 4 rating. This would increase
premium discounts for structures in the unincorporated SFHA from 25% to 30%, which would E
Packet Pg. 2493
equate to a savings of approximately $6,376,373 per year, from the current discount of
approximately $5,317,202.
0
E
History of CPS Participation and Discount
-------------------------- I------ 'lug Saudngs Saidngs p er
Year cclasjl%Dismu t NFIP Poll y Total savings Cumulative Savings
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
10/1/2016-9/30/2017 Class 6/20% $233 $3,629,670 $3,629,670 .2
10/1/2017-9/30/2018 Class 5/25% $350 $5,135,345 $8,765,015
111 X
10/1/2018-9/30/2019 Class 5/25% $350 $5,135,345 $13,900,360
.....................................................................................................................................................................................................................................................................................................................................................................
*10/112019-9/30/2020 Class 5/25% 7 j $5,317,202 $19,217,562 0
Grand Total $19,217,562
Goal
E
Based on this information, staff is evaluating Land Development Code revisions as follows. The
proposed text changes are shown with additions underlined and deletions are st+ieue.
Sec. 1224. .. Standards for Issuance of Building Permits in Areas of Special Flood Hazard. >
(a) Generaliv. No building permit for proposed construction or development activity within an area of
special flood hazard shall be granted, by the Building Official or the floodplain administrator, unless
the proposed new construction is in compliance with the standards set forth in this chapter. In all
areas of special flood hazard, the following standards apply:
(b) Additional standards. In all areas of special flood hazard where base flood elevation data has been
ided the following provisions are required:provi I provisions I
(4) Manqfactured homes.
a. Effective June 1, 1977, no manufactured home riot already in place shall be placed within
areas of special flood hazard except in an existing manUffiCtUred home park or Subdivision, as 0
hereafter defined. Rec 're that manufactured homes to be placed or substantinliv irnn ved .2
on sites and
_����a�nufact�ured hporne park or subdivision within Zones A-]-30 All
A E on the cornmUnitv's FIR MI shall be elevated so the lowest floor of the manufactured home
meets the Florida BUildin , Code re Lured deli sn flood elevation. -or- Rec juir.e......t.h.a.t
manufactured homes to be placed or stant�iall mi)roved on sites in an exi�,umi
jj�b _j___ E
W
manufactured horns park or subdivision within Zones A-1-30 AH and AL on the
corumunit "s FITt:^�l shall be elevated such that the bottom of the frame is at or above the
elevation required, as a plicable to the flood hazard area in the Florida Burl imi Code W
Residential Section 1t322.2 (Zone A) or Section 1t322.3 Zone W ln--th-e--eve-nt-- tie
-
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Sec. 130--53. Malrpose of the lea~bars Residential Mobile Home""""":L,imited District (URM-4.).
The purpose of the URM-1..., district is to recognize the existence of parks and sUbdivisiorls which _
consist exCILISI •ely, or almost exCILISIVely, of mobile homes, but riot to create r1CW sUeh areas;"' e N
s leeetix E ,y :fi„ 1 ssxi � m� 3r5. E
Sec. 130--l00. .. lea~bars Residential Mobile Home""""L,imited District(1� -4.). rr
(a) The folloe�lrlg uses are permitted as of right in the Urban Residential Mobile flollle-1...1mited �
district: c
(1) Mobile hones; �
(2) Recreational vehicles in a registered RV park or park trailers commonly known as 'park
models' as defined in F.S. 320.01,
(3) Detached dwellings
{ f loMe ac,cupatloris Special Use permit required;
(54) Accessory Uses-, fJ
(� ) Tourist holiSlrll Uses, IrlelCidlrig Vacation rental Uses, are prohibited except In sated
cony MUrlities that have: CD
a. Controlled access; and N
b. A homeowner's or property owner's association that expressly rel elates or manages
Vacation rental Uses,
( 4) Ctlollocatlorls or1 exlstlrig arlterlrla-SCipportlrig strUctures, ptirStiarit to section 146-5(e);
( ) Satellite earth stations less than two (Meters In diameter, as accessory Cases, pCirSCiarit to .2
section 146-5(f); and
()4) Wastewater rILItrlerlt redLIC'tldrl C'lUster systems that serve less than teri residences. �
(b) The folio ir14 Uses are permitted as mirior conditional Uses In the Urban Residential (Mobile
home- limited district, sUblec;t to the standards and proc;edUres set forth In chapter 110, article
fff:
(1) Replacement ofari existing arlterlrla-SUppdrtlrig strCietCire ptirStiarit to section 146-5(b);
(2) Stealth fireless COMM Url I cations facilities, as accessory Uses, ptirstiarit to section 146-5(e); CD
�
and
(3) Satellite earth stations greater than or equal to two (Meters In diameter, as accessory Uses, r
pLirsUarlt to section 146-5(f) cV
The proposed change would affect eight (8) existing manufactured/mobile home parks within the
URM-L designation in the unincorporated County. All of these manufactured/mobile homes (100%)
are within the SFHA flood zone (see attachment maps). Staff has reviewed the eight URM-L
Packet Pg. 2495
0.4.d
designated manufactured/ mobile home parks and provided the following summary based on an
analysis of best available data:
0
Manufactured/mobile #of MHs #of
home(ME)count* # # that must additional
URM-L existing based on June field currently currently elevate to affected MHs
manufactured/ Property address visits,aerial imagery SFHA elevated elevated at BFE+lft with proposed
�?
mobile home parks &department data below or above under policy change �
(does not include BFE BFE current to remove 36" p
other structure types) code** exception*
I Stock Island 5031 5th Ave 77*** AE 8 2 75 2 0
00126550-000000
2 Stock Island 6500 93*** AE 9 93 0 45 48 >
00126090-000000 Maloney Ave a�
3 Stock Island 6531 12 AE 9 9 3 4 5
00125740-000000 Maloney Ave AE 10
N
4 Stock Island 6529 4*** AE 9 3 1 3 0 W
00125750-000000 Maloney Ave AE 10 E
Stock Island 6511 AE 9rr
5 00132350-000000 Maloney Ave 10 AE 10 10 0 0 10 a�
Stock Island 6621 AE 9 c
6 24 24 0 14 10
00125770-000000 Maloney Ave AE 10
Big Coppitt T
00121761- 55 _
ca AE 10
7 000000+ ChiBoca Rd 131*** VE 10 126 5 88 38 2
00121762- c
000100+
AE 9
Cudjoe 701 Spanish AE 11
p
8 00188681- 424*** VE 12 289 135 248 41
000000+ Main Dr VE13 >
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VE 15
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Total 775 556 219 404 152 C
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*This does not include vacant spaces/parcels. y
"This estimate could increase, if during permitting a property is determined to have been substantially damage by flood. �
***This analysis is not intended for the recognition of development rights or to identi_fy permitted or unpermitted work,and �
should not be used nor relied upon for these items. =�
I
There are approximately 20,200 total structures in the SFHA flood zone. Of these structures, there
are approximately 775 manufactured/mobile homes in these eight (8) existing manufactured/mobile
home parks within the URM-L designation in the unincorporated County. Staff estimates of the 775 �t
manufactured/mobile homes, that approximately 219 (28%) are currently elevated at or above BFE
and 556 (72%) are currently elevated below BFE.
Some of the 775 manufactured/mobile homes would already be required to elevate based on the
current adopted regulations because the home is not contiguous to and surrounded by manufactured E
Packet Pg. 2496
0.4.d
homes not at base flood elevation (BFE). Staff estimates this would be approximately 404 (52%) the
775 manufactured/mobile homes. It is important to note that as these manufactured/mobile homes 76
are replaced and elevated to BFE under the current provisions of the Floodplain Regulations, the c
manufactured/mobile homes units contiguous to these replaced units will then be subject to elevating 2
to BFE(i.e. a continual domino effect).
If the provisions with the elevation exception were removed from the Land Development Code, then C
the manufactured/ mobile homes within the eight (8) existing URM-L designated manufactured/ o
mobile home parks would be required to elevate above current requirements upon replacement. This
would be a gradual process, as the units would not need to be elevated until they are replaced or
substantially damaged or substantially improved (the proposed change would apply at the time of
replacement). Staff estimates of the 775 manufactured/mobile homes, that approximately 152 (20%)
would be the number of additionally affected manufactured/mobile homes [i.e. if elevation exception
was removed, these units would be required to elevate above the currently required 36 inches, even
if the units were contiguous to and surrounded by manufactured homes also not at base flood s
elevation (BFE)]. Overall, the rate of replacement in these URM-L parks is slow, so it would take
multiple years before all the manufactured/mobile homes would be elevated.
Staff would also suggest an amendment to allow detached dwellings within the URM-L district 2
which will provide property owners with another housing option with greater resilience and wind-
load provisions. Note, as proposed a detached dwelling would be permitted as of right through the 2
approval of a building permit. While approved via a building permit, the request for a detached c
dwelling would be subject to the requirements of the comprehensive plan and the other provisions of
the land development code, such as development standards, bulk regulations, rate of growth iu
ordinances, etc. s
c
As a whole, the proposed elevation change will result in the same level of flood protection and
resiliency as other homes (i.e. non-manufactured) within the County. While it is recognized that
there are financial impacts in elevating manufactured/mobile homes higher than what is currently
required, the benefits (not being damaged by flooding) of elevating to the BFE + lft when the home T
is replaced generally outweighs the elevation costs in the long term. 2
r_
0
Since the impacts of Hurricane Irma, the County has been working on numerous recovery, post r_
disaster and resiliency proposals/programs and there are several potential funding opportunities for
the owners of these manufactured/mobile homes to participate in rebuilding and elevating their
homes. Note, if owners of these manufactured/mobile homes participate in rebuilding and elevating
their homes with federal funds, the manufactured/mobile homes would need to be elevated at least 2
feet above BFE due to requirements within the Code of Federal Regulations.
There following programs are potentially available to replace, elevate and reduce the risk of u
flooding: eat
• FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures
• Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk
of flood damage to buildings, manufactured homes and other structures insured under the w
NFIP
Packet Pg. 2497
O.4.d
• Pre-Disaster Mitigation (PDM) funds for hazard mitigation planning and implementation of
mitigation projects 76
• Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes c
E
• Voluntary Home Buyout Program utilizing Community Development Block Grant-Disaster 2
Recovery funding
Research conducted by the Florida Floodplain Managers Association (FFMA) in 2019, determined
the following Florida communities do not allow the 36-inch elevation option:
5. Key West(Monroe County) -
8. Marco Island (Collier)
1. Citrus County 7. Miramar(Broward Beach) m
2, Holmes Beach (Manatee) 8. Nassau County
3, Indian River County 9. Pinellas County _
4. Jupiter(Pala Beach) 10.Tarpon Springs (Pinellas) N
Also, throughout the Country, ISO has documented the following communities have adopted higher E
elevation requirements (not allowing the 36-inch elevation option):
1 r Jacksonville, AR 23.Carteret County, NC
2, Clarkdale, AZ 24.Dare County, NC o
3. Camp Verde, AZ 25.Omaha, NE
4, Prescott,AZ 26.Hazlet, NJ
5r Santa Cruz County,AZ 27.Licking Gounty, OH
0, Yavapai County,AZ 28.Norman,0K
T Boulder County, CO 29.Tuls , OK
8. Key West, FL 30.Albany, OR
9, Eagle, ID 31.Sa leas, OR
1 .Kootena1 County, ID 32.Monroe„ PA
11.Zanesville, IN 33.Shaler, PA T+
12,Vanderburgh County, IN 34.Lewistown, PA
13.Bonner Springs, IDS 35. atertovrn, SD
14.Jefferson County, IDS 30.Haltom City,TIC
15.Louisville-Jefferson County, KY 37.Grand Prairie, T
16.Calvert County, M a 38.Fairfax County,VA
17.Cecil County, MID 39.Auburn, WA
18.Harford County, MID 40,Kent,WA
19.Gulfport, MS 41.Clark County,WA
20.Harrison County, MS 42.Thurston County,WA �
21.Morehead City, NC 43,Snohomish County, WA
22.Newport, NC �
A local example with higher regulatory standards is the City of Key West which has adopted the
following requirements for manufactured/mobile homes:
LU
Packet Pg. 2498
0.4.d
Sec. 122-1276. -Standards. _
Manufactured housing may be permitted in the city if the units comply with the following standards::
(1,) The, city°s adopted building codes-
(2). The state building standards of F.S. chs. 320 and 53;
,(3) U.S. Department of Housing and Urban, Development Manufactured Home Construction and
.Safety Standard's of 19 4 (i.ew: F.S. 32 .323);
(4), All applicable provisions of the comprehensive plan, and land development regulations;;
(S). Adopted city fire codes; and
,( ) Alll manufactured housing shallll be designed in a manner compatible with conventional housing
including roofiine, fenestration, foundation and similar features, impacting compatibility. The
finished floor elevation for manufactured housing shall be designed with site improvements
necessary to preserve compatibility with surrounding structures.
Sec. 4-1345.-Manufactured factured homes.
(1) Generaf. All manufactured homes installled in food' hazard areas shall be installed by an installer
that is licensed pursuant to F.S. § 320- 249, and shall comply with the requirements of Chapter 15 - >
1, F.A.C. and the requirements of this ordinance. If located' seaward of the coastal construction T
control line, all manufactured homes shall damply with the more restrictive of the applicable
requirements. _
(2) Foundations. All new manufactured homes and replacement manufactured homes installed' in food' N
hazard areas shall be installed on permanent; reinforced foundations that::
(a) In flood hazard areas Gone A) other than coastal high hazard areas; are designed in
accordance with the foundation requiirements of the Florida Building Code, Residential Section �
R322.2 and this ordinance-
(b) In coastal high hazard areas (Zone ), are designed' in accordance with the foundation r
requirements of the Florida Building Code, Residential Section R322.3 and this,ordinance.
(3) Anchoring. All new manufactured homes and replacement manufactured 'homes shall be installed' c
,using methods and practices which, minimize flood damage and shall be s-ecurel°y anchored to an
adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of �
anchoring include, but are not limited to, use of over-thie-top or frame ties to ground anchors. This
anchoring requiirement is in, addition to applicable state and local anchoring requirements, for wind'
resistance.
4 Elevation. Manufactured homes that are laced!, replaced, or substantially improved sha.11 comply
( � p p y . p p y ca
with, section 34-136(4)(a)or(b) of this ordinance„ as applicable.
(a) General efevation requirement. Unless subject to the requirements of section 34-136(4)(b) of
this ordinance„ all manufactured Domes that are placed, replaced„ or substantially improved on
sites lactated: us
1. Outside of a manufactured Dome parr or subdivis on;
2. In a new manufactured home parr or subdivislon;;
3. In an expansion to an existing manufactured home parr or subdivision; or c
4. In an existing manufactured home park or subdivision, upon which a manufactured home
has incurred ",substantial damage" as the result of a flood, shall be elevated such that the �
bottom of the frame is at or above the elevation required; as applicable to the flood hazard
area, in the Florida Building Code, Residential''. Section R322.2 (Zone A) or Section R322.3 c�
(Zone )e i
(b) Elevation requirement for certain existing manufactured home park& and subdivisions.
Manufactured homes that are not subject to section 34-136(4)(a) of this ordinance, iindluuding
manufactured homes that are placed, replaced, or substantially improved on sites located in an
existing manufactured home park or subdivision,, unless on a site where suubrstantiall damage as �
result of flooding has occurred, shall be elevated such that the bottom of the frame of the
manufactured home is at or above the base food elevation,.
cv
If the BOCC directs staff to initiate the Land Development Code amendments as described above,
the tentative timeline to meet the CRS Class 4 is: Development Review Committee February 25th,
Planning Commission March 25th, BOCC April 15th for the first hearing, and BOCC May 20th for E
Packet Pg. 2499
0.4.d
the second hearing to adopt the amendments.
PREVIOUS RELEVANT BOCC ACTION: c
2
CONTRACT/AGREEMENT CHANGES:
n/a
r9
STAFF RECOMMENDATION: Direction on initiating Land Development Code amendments.
DOCUMENTATION:
URM-L LUD FLOODZONES map of affected areas
Info from ISO on required MH elevation Code amendment for CRS Class 4_1.21.2020
Repetitive Loss Area Analysis agenda item summary_CRS Class 4 info—January 22, 2020
2017 FBC Flood Resistant Construction s
US Code of Federal Regulations_44 CFR 60 N
FINANCIAL IMPACT: E
2
Effective Date: 2
Expiration Date: r-
Total Dollar Value of Contract: >
Total Cost to County: _
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
2
r-
Revenue Producing: If yes, amount: c
Grant:
County Match:
Insurance Required: n/a
i
Additional Details: E
REVIEWED BY:
Emily Schemper Completed 01/31/2020 4:53 PM
Assistant County Administrator Christine Hurley Completed
02/03/2020 8:52 AM
Mayte Santamaria Completed 02/03/2020 9:10 AM
Steve Williams Completed 02/03/2020 9:30 AM E
Packet Pg. 2500
0.4.d
Budget and Finance Completed 02/04/2020 10:05 AM
Maria Slavik Completed 02/04/2020 10:50 AM
Kathy Peters Completed 02/04/2020 1:58 PM c
E
Board of County Commissioners Pending 02/19/2020 9:00 AM 2
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Packet Pg. 2501
Exhibit 3
Santamaria-Mayte
From: Hurley-Christine CD
cv
Sent: Friday,January 31, 2020 2:09 PM T
To: Schemper-Emily; Santamaria-Mayte
Subject: FW: Monroe
76
0
For inclusion as backup if we do an agenda item in February for discussion.
0
Christine Hurley, AICP 0
Monroe County
Assistant County Administrator W
305.289.2517
0
0
From: Lehr-Lori <Lehr-Lori@MonroeCounty-FL.Gov> X
Sent: Friday,January 31, 2020 1:30 PM
0
To: Hurley-Christine<Hurley-Christine@MonroeCounty-FL.Gov>
Subject: Fwd: Monroe
Lori Lehr, CFM W
Floodplain Program
cv
Monroe County BOCC
2798 Overseas Highway, 2nd Floor
Marathon, FL 33050
Cell: 305.407.6585
m
-----Original Message----- m
From: Harper, Sherry<SHarper@verisk.com>
Sent:Tuesday,January 21, 2020 11:46 PM
To: Lori Lehr<lori@lorilehrinc.com>
Cc:Arkens, David M. <DMArkens@verisk.com>; Cofoid, Scott<SCofoid@verisk.com>; Martinez, Cristina M.
<Cristina.Martinez@verisk.com>; Gowans, Amanda R. <Amanda.Gowans@verisk.com>; Smith,Jonathan L.
<Jonathan.Smith@verisk.com>; molly@mollyotoole.com; Dave Carlton <dave@dkcarlton.com>; Lesser, Bill
<Bill.Lesser@fema.dhs.gov>; Al Goodman <awgconsult@outlook.com>; Wesley Shaw<wes@blueurchin.com>;Jacki
Monday<jacki.jlm@bresnan.net>
Subject: RE: Monroe
.0
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0
Hi Lori-
I copied the team here, as we had a very thorough discussion of the Monroe County proposal and good points were 0
made all around.
0
While Monroe County's approach would eventually get most mobile homes elevated to where they should, be the _
regulation leaves a portion of the most vulnerable current population and building inventory at risk. Some mobile
homes may never be required to elevate since no one is adjacent to them. This would be the same as only requiring
elevation of a SI/SD structure when the adjacent structure has been elevated which we would never accept. As a group
it was decided Monroe County's current regulations do not meet the Coordinator Manual's intent,which is to get m
everyone elevated as soon as possible. 0
A modification for a class 4 could be considered only after the regulation is amended to meet the class 4 prerequisite.
1
Packet Pg. 2502
Best regards,
Sherry
cv
Sherry Harper
Director, Natural Hazards
CJ
Phone: +1.850.682.1998 Mobile: +1.850.902.5075 Fax: +1.201.748.1869
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Packet Pg. 2503
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Exhibit 4 LDC amendment 2020-017
History of the URM-L district
The URM-L land use zoning district was adopted on July 5, 1989,via Ordinance 019-1989, as follows:
Pass Suction 9®5-205
cv
Section 9.5-205 i, Honroe Catanty Cade, is hereby created to read as CD
tV
follows: �
Section 9,$-205.i. Purpose of the Urban Residential
Mobile }fume-Limited. District (URML-L). The purpose of the
URML-L is to recognize the existence of parks and
subdivisions which consist exclusively„ or almost
exclusively, of mobile homes, but not to create new such
.areas„ in order to permit property owners in Ruch areas to
replace or establish mobilehomes below base flood E
elevation as authorized by certified federal regulations.
PD69 Section 9.5-T35:1 �
Section 9 5-23 1„Monroe County Code, is hereby crunL ed. to read as W
follows:
Section 9.5-235.i, lJTtf1-L District, W
(a) 'l`lae following uses are permitted as of right in the
URM-L District: X
1. 'Mobile homes
2. Recreational vehicles, as provided in Chapter
51.3, Florida Statutes,
3, Home occupations by special use permit requiring
s public hearing; �
4. Accessory U5ee W
(b) The following uses are permitted as major conditional
uses in the URM.-L district subject to the standards
and procedures set forth in article V11, division 4:
1. Marinas, provided that: h
a. The marina is primarily intended and designed to CD
r
serve the residents of the district in which it
CD
is located;
b. The parcel proposed for development has access CD
CV
to water of at least; four (4) feet below mean44
sea level at mean low tide;
C. The sale of ,goods and servi.cen is limited to
fuel. food, boating and diving and sport fishing
products;
d, Vessels docked or stored shall not be used for �
live-aboard purposes, and
a. All outside storage area are screened from
adjacent uses by a solid fence, wall or hedge of
at Least six (6) feet in height.
0
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Page 1 of 4
Packet Pg. 2504
O.4.f
Exhibit 4 LDC amendment 2020-017
PD107 Section 9.5-268
Section. 4.5-268, Monroe County Code, is hereby amended to r€sad as
follows:
h
r
Existing Residential Dwellings., Notwithstanding the
provisions of sections 9„5-262 and 9.5-263, the owners of
land upon which a dwelling unit or mobile home used as a tV
principle residence prior to the effective date of the CV
plan was lawful an the effective spate of this chapter 0)
shall be entitled to a density allocation of arse (1)
dwelling unit for each such unit in existence on the:
effective date: of this chapter. Such entitlement shell
allow than saner of said property and holder of the
allocated unit to reconstruct the unit on the site from
wheascro, it came should suc@x unit be destroyed. In no cese
shall the, yawner of a lot in the URK-L district he allowed
to reconstruct should that, dwelling unit be destroyed or
need. replacement. �
sm
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This zoning district does not allow site-built single family residences and limits residential structures to
manufactured/mobile homes. Additionally, this zoning district provides an exception to floodplain
elevation requirements, allowing manufactured/mobile homes to be placed or replaced below base flood
elevation.
x
This district was created as a result of FEMA Community Assistance Visits in 1987/1988 which noted that r_
Monroe County was allowing the mixing of conventional structures among manufactured/mobile home
parks/subdivisions which affect the `existing or grandfather' status of these parks. The County proposed
the URM-L district to limit the permitted uses in these parks and limit the structural intrusions.
The elevation exception for manufactured/mobile homes was included in Ordinance 033-1986 as follows:
3, Mob 1,a Homes. CD
N
a. Effective June 1, 1971, no mobile home net �
already in place shall be placed within areas
of special flood hazard, except in an existing CJ
mobile home park or subdivision or on lots
with existing mobile home variances. I
b. A mobile horse that is to be placed on a quali-
fied lot rm.y be placed at an elevation below
the base flood elevation provided that;
(1) the lot on which the mobile horse is to be
placed is contiguous to and surrounded by
=bile homes which are not elevated to LN
the base flood elevation, and
0
(11) the "bile home so ptaeed will be placed
at an elevation equal to that of the
surrounding mobile homes,
C. An existing mobile home may be replaced with-
out regard to the elevation requirements of
these regulations and without need of a �
variance provided the mobile home so replaced
was at an elevation below the base flood ele-
vation.
Page 2 of 4
Packet Pg. 2505
O.4.f
Exhibit 4 LDC amendment 2020-017
The elevation exception for manufactured/mobile homes was further included in Ordinance 014-1988 as
follows:
r�.
3. Manufactured Romer.
cv
(a) Effective .Tune 1, 1977, DO manufactured home CD
not already in place shall be placed within areas
of special flood hazard except in existing fJ
manufactured home park or subdivision, as W
hereafter defined. In the event that. the Federal
0
Emergency Management Agency eliminates the
existing manufactured home• park or subdivision �
requirement of 44 CFR 60.3(c)(12) , then no U
manufactured htme may be placed below the base
flood elevation,
(b) Pa, manufactured home that is to be placed on a
qualified lot may be placed at an elevation below �
base flood elevation provided thatc �
(i) The lot on which the manufactured home
ns
is to be placed is located in an existing >
manufactured home park or subdivision .and is
contiguous to, and surruunded, by .�
manufactured homes not at base floodCD
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elevation. For the purposes of this section,
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an existing manufactured home bark ear tCD
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subdivision is one in which, at the time of �
application, there are no site built
residences or a park or subdivision which is
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limited to manufactured homes only by the ,
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Page 3 of 4
Packet Pg. 2506
O.4.f
Exhibit 4 LDC amendment 2020-017
Monroe County Land Development Regulations.
In the event the Federal Emergency Management
Agency eliminates the existing manufactured
home park or subdivision exemption, then the
r
existing, manufactured home, park or subdivi-
N
sign exemption of this ul:k5ection shall no
N
longer be of any force or effect. �
(ii ) The manufaitureti home so placed will be U
placed at an elevation equal to that of the
surrounding manufactured homes, �
(c) An existing manufactured home may be replaced o
without regard to the elevation requirements, of �
these regulations andd without need of a variance �
provided the manufactured home so replaced was at
M
an elevatiotx below the base flood elevation.
0
A memo from the Planning Department to the Planning Commission in 1990 regarding the background of
the URM-L district included the following explanation: X
on October 1, 1966 The Federal Emergency Management Agent print-
ed a final rule in the Federal Register which amended 44 CF1
provision 60@ 3(c)d6) and required that all manufactured homes be
placed or substantially improved in accordanoa with the elevation �
requirements of the zone. This rule was suspended by a notice
published in the Federal. Register an JUne 30 p 1987 and this sus- ._
pension extended through October 31, 1989. On, May 19, 19B9 F
ERA published for comment a proposed rule which would revise NFIF �
Floodplain management criteria on placement and substantial im-
provements of manufactured homes an sites in existing manufac-
tured home parks and subdivision.
Prior to developing this proposed rule, FM reviewed the com-
ments submitted, and conducted further research into the impacts
of flooding on existing manufactured hom parks and subdivisions,
and developed a report for Congress entitled "National Flood i
insurance Programi Report on Existing Manufactured Home Parks
and Isi s"„ report ec nc,luded that there were al.terna-
tives to the October 1986 mile revision that wouldreduce the
economic impacts on the owners and residents of existing manu ac-
ture+d home parks and, subdivisions, yet still achieve the MAP o
objectives of reducing flood damages and threats to lie afetlr.
The proposed rule represented a compromise that was intended to
0
minimize adverse economic impacts on the manufactured home c
nit while at, the same time substantially achieved the NFIR objec-
tives of reducing" to of life property• _,rule'
which w -
4evelopedl was basically 1.grandf thering�" in Xisti.n l e
bile home parks and subdivision$. it allows for the placement
and substantial - improvement of m- ile homes Sri thin pure parks at
36 inches abov e grade or base flood elevation, whi.c v+er is Low,
er. However, manufactured homes place or substantially' improved
on sites in an existing manufactured hom park or subdivision an
which a manufactured home has incurred substantial damage as the
result of a flood, would now be required to elevate to or above �
the base flood elevation. m
Page 4 of 4
Packet Pg. 2507
I -- .' I
EXIHBIT 5 - Manufactured home/mobile home analysis
Unit is within a manufactured/mobile home park or subdivision with facilities constructed
before 1/1/1975:
LDC Section 122-3(a): Existing manufactured home park means a manufactured home park or subdivision for which thi
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, thi
installation of utilities, the construction of the streets, and either final site grading or the pouring of concrete pads is complete(
before January 1, 1975,and in which,at the time of application,there are no site built residences or the park or subdivision is limite(
to manufactured home by this chapter.
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Exhibit 6 Staff Analysis_LDC file 2020-017
Staff analysis of elevation requirements of manufactured/mobile homes based on
existing Land Development Section 122-4(b)(4)
N
Based on 44 CFR §60.3(c)(12) and Section 122-4(b)(4)b. of the Land Development Code (LDC), a manufactured
/mobile home is allowed to be placed or substantially improved in an existing manufactured/mobile home park or a
subdivision at an elevation of 36 inches above grade (rather than at base flood elevation),provided that it has not
been substantially damaged by flood. >
0
Example 1: Manufactured/mobile home elevated on 36 inch piers (below BFE)
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Exam le 2: Manufactured/mobile home elevated above BFE e
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Exhibit 6 Staff Analysis LDC file 2020-017
Exam le 3: Manufactured/mobile home elevated on stacked blocks below BFE
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For this elevation exception to apply,the LDC includes the additional requirements,including that the lot on which
the manufactured/mobile home is to be placed at 36 inches above grade must be contiguous to and surrounded by
manufactured/mobile homes that are also not elevated to base flood elevation. [LDC Section 122-4(b)(4)b.1.] iu
To qualify for the provision allowing the placement of a mobile home/ manufactured home below base flood W
elevation, the following must be satisfied:
0
Manufactured/mobile homes that meet all of the below criteria may be placed on 36" reinforced piers or r-
other foundation elements that are no less than 36 inches in heieht above the erade at the site.
Manufactured/Mobile Homes within A or V zones that meet all of the following criteria:
1. Unit CANNOT be substantially damaged by a flood (may be substantially damaged by other means),
verified by affidavit; and (44 CFR §60.3(c)(6), §60.3(c)(12), §60.3(e)(1), §60.3(e)(8); LDC §122-
4(b)(4)b.)
This will include a .site .specific analysis when a pr~opegy is pr~opo.sed,lbr~ r~eplacen'ient or a E
.substantial in'ipr~oven'ient within the eight(S) E i.sting ri,aantrfacttrred%ri,aobile home parks included �
within this analysis. Reviewed during per n itting. r
This criterion is not included in the current analysis. —
m
2.Unit is within a URM-L Zoning District; and (LDC §130-53)
The eight (8) Evi.sting ri,aantrfacttrred%ri,aobile hon'ie parks included within this analysis are y
designated UR5.1 I
3. Unit is within a manufactured/mobile home park or subdivision with facilities constructed before
1/l/1975; and(44 CFR §60.3(c)(6), §§60.3(c)(12), 60.3(e)(1), §60.3(e)(8); LDC §122-4(b)(4)b.)
The eight (8) Evi.sting ri,aantrfacttrred%ri,aobile hon'ie parks ivere established prior to _l,%_l,%l975 (see �
exhibit 4).
Packet Pg. 2516
Exhibit 6 Staff Analysis LDC file 2020-017
4. Unit is on a lot contiguous to and surrounded by manufactured and mobile homes that are also not
elevated to base flood elevation. LDC §122-4(b)(4)b.) N
• Th e,/blloiving analysis includes a review of aerial iniager�y, available planning approvals and N
buildin T crniit data and field rcvic ivs o the eight (S' cxi.stin morn acturcd/Inobilc hole arks �
' 'g ) ' g >
to detern ine if a unit ri,aeets the criteria.
76
Specifically, for criteria 4 requiring that the manufactured/mobile home must be contiguous to and surrounded by 0
manufactured/mobile homes that are also not elevated to base flood elevation, this analysis assumed the following: E
• The manufactured/mobile home cannot be contiguous to/surrounded by a manufactured/ mobile home
elevated at or above base flood elevation
• The manufactured/mobile home cannot be contiguous to/surrounded by a vacant parcel. o
• The manufactured/mobile home cannot be contiguous to/surrounded by a recreational vehicle.
• The manufactured/mobile home cannot be contiguous to/surrounded by another type of structure(site-built o
single family home, commercial structure,recreational facility, etc.).
m
• The manufactured/mobile home must be surrounded by manufactured/mobile homes not elevated to base
flood elevation.
m
0
The LDC defines contiguous as parcels of land sharing of a common border at more than a single point of
intersection. Contiguity is not interrupted by utility easements.
The LDC defines the related term adjacentparcel as a parcel of land sharing a boundary with another parcel of land
at one or more points of intersection. For purposes of this Land Development Code, an intervening road, right-of- e
way or easement shall not eliminate nor destroy the adjacency of the two parcels, except for U.S. 1. W
The LDC does not define the term surrounded but the dictionary provides the following: to enclose on all sides; do
encompass;something that surrounds, as the area, border, etc., around an object or central space; to extend on all
sides of simultaneously; to form an enclosure round, encircle. E
Based on these definitions, staff review assumed internal manufactured/mobile home park access ways do not r
interrupt contiguity (access means internal ingress or egress to a parcel of land). Properties across canals were not
considered contiguous.
Exhibit 7 provides the County's analysis of the manufactured/mobile home regulations and a checklist for
manufactured/mobile home replacement to review the criteria provided above.
M
LU
Packet Pg. 2517
Exhibit 6 Staff Analysis_LDC file 2020-017
REVIEW OF AERIAL IMAGERY, DEPARTMENT DATA AND FIELD VISIT DATA OF EIGHT (8)
EXISTING MOBILE HOMES/MANUFACTURED HOME PARKS DESIGNATED URM-L: N
cv
The following pages provides the staff analysis,based on best readily available data(including floodplain staff field
visits conducted in June 2019) and aerials, related to criteria 4 which requires that the manufactured/mobile home
must be contiguous to and surrounded by manufactured/mobile homes that are also not elevated to base flood
elevation(BFE).
c
NOTE: This anah'sis is not intended f)r the recognition of developinent rights or to identift perinitted or
unperinitted )vor°k, and should not be used nor relied upon fir° these iteins, This anal�'sis is being; c°oinpleted to �
provide information fir potential policy determinations to reduce risk related to elevation requireinent fir°certain S
to
existing inanq/actured/mobile Koine parks designated UR,,V 1,
x
m
m
0
The rest of this page is intentionally left blank.
0
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Packet Pg. 2518
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1.Stock Island(Sunset Harbor-NHC-FL136 LLC-00126550-000000)
2007 Letter of Development Rights Determination recognized 85 residential dwelling units.
ON f,
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Y'ya
N
O
N
Canent P—els:NHC-FL136 LLC N
RP Nu-U012ass6-odb0oa
Yellow=MH on grade/below 4 - U
I
BFE =a MH not contiguous to and surrounded by ow N—d NHC-FL136LLC o
manufactured/mobile homes that are also not elevated to BFE
AK Number.116076
Green=MH at or above and that would need to elevate to BFE(+1 ft)when replaced * j
BFE or substantially improved under current Monroe County code. / 17s slo 1—No�15 HnWe u 1 E
,ram
=not a manufactured M lift Add.—2777 F,.,M,d Rd
cry:soumneid V
/mobile home ware:MI e
-C 'jv, Zp Cade:430M M
=VACANT pY rea�eaNc
1� C
Lnlsa,eaR,oaar. S100.04
ILI
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W
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y i U 2018 Aerials
N
v Note:As MH are replaced Cr
and elevated to BFE under
current code,the MH units Q
a contiguous to these replaced
units will then be subject to a
elevating to BFE. 16
Gradually,more MH units 'N
H
will be required to elevate to 1
m
1 BFE,even with the current �
m
exception. �
m
rn
X
W
C
- E
L
Total approximate MH on the property 77
MH currently on grade/below BFE 2
MH currently elevated at or above BFE 75
ID MH that would be subject to elevation requirement based on current code 2
MH that would be subject to BFE elevation requirement with a policy change n/a
Not a MH structure n/a
Vacant n/a
This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2519
o.4.n
2.Stock Island(Roy's Trailer Park-00126090-000000)
2008 Letter ol'Development Rights Determination recognized 108 residential dwelling units.
voi
,l,..i
a
iA 7EFAn _ I � O
mow. �l
1 L
2018Aerials ff I rr`�rrI h u
a ,• " 0 Note:As
Yellow=MH on grade/below e
BFE
MH are
MHatorabove feand aced
( BFE elevated to
a J' ' q, K
•$ ; �=not a manufactured BFE under d
q current e
q r "zyt /mobile home code the o
a •t 1 MH units >
O
e ^- 4 Red=VACANT v
• i contiguous a
x/ z j ' to these x
replaced
Owlunits willQ
then be p
_� { subject to
elevating to
--p.N—RorsLER PARK INC BFE.
bog
9 ^y arch b 11fi031fi Gradually,
c
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K.e—N- more MH �
units will be �
e. �"'V • `'` } m Add—4D2 ftpl—D required to
"EE' elevate to
x
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I .. t �{ r rauu lean with y
Lsurrounded
not contiguous to and - a 1W pE s,2ebaooed current m
by manufactured/mobile homes t, exception. m not elevated to BFE and that "; o cto elevate to BFE(+1ft)when 4
Field visit could not be conducted. Frosubstantially improved under aerial review only,it appears the mobile vroe Coun code.County homes are below BFE v
•�F Counts from recent aerials indicate p
approx.92-94 mobile homes. H
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1. X
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2010 Site Plan from
approved Development \''; •`
Agreement
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URMl
Packet Pg.2520
0.4.h
Assuming a policy amendment is adopted to remove the exception and require manufactured/mobile homes meet Florida Building Code elevation
requirements,the following is an example of the additional properties that will need to elevate to BFE(+lft)when replaced or substantially improved(see
black dots):
t,
2818 P,enals iwb.; IF� Yellow=on gradelbelow
'� r • dam r•n lr m TM' BFE
.O'k V�'
r • , Green=at or above BFE
"F^
�t • y f rw p�
y ` rD • ' ✓ =not a manufactured
Jmobile home
Iv • A. xt
nl�� r-, 0 y Red-VACANT
LEI
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: • • • • • • " Cw P rn6:R TWUR PARK INC N
M VY Cp • • EJ • • • • 'P}'.. Ow sMmne.ROYy TRNLER P4RK1 kC UO
` y" • L • _ • •r L �✓I • � ��� AK NVrtA('n-11603j6 �
* RS `` ..'• �L1�� r�� V ti PnY 1-:6—MALO-Y I,C.c iIS
L rL • '1' E
•=MH that would need to elevate to L -- • �U Cut M^,Ix p neanss:IN AppY ...
BFE(+1ft)with a policy change Nea1 n
9': Yet I I.1SfG M
=a MIT not contiguous to and �j ICI •
"' LaG S�k AmuunL Si 200.OU76: v O
surrounded by manufactured/mobile homes b •
# that are also not elevated to BFE and that ►,: • x
would need to elevate to BFE(+1ft)when • • Field visit could not be conducted. From c
replaced or substantially improved under • aerial review only,it appears the motile -
current Monroe County code. `� ,a` homes are below BFE
P C f Counts from recent aerials appear to v
indicate 92-94 mobile homes.
v
v
0
U
C
Total approximate MH on the property -93
U
MH currently at grade/below BFE -93 c
v
v
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MH currently elevated at or above BFE n/a
rA
C
MH that would be subject to elevation requirement based on current code 45
E
2
• MH that would be subject to BFE elevation requirement with a policy change 48 cr
m
m
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Not a MH structure 16
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Vacant 2 v
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2521
0.4.h
3.Stock Island(00125740-000000)
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2018 Aerials Yellow=MH on grade/below
BFE
Green=MH at or above E
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Blue=not a manufactured
ceaee,ve,e®is:NHc-Eua1 c n mobile home
RE Number:001257A WOWO C
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owner Name:NHC FL121 LLc Red=VACANT
a
AK Number.1160016 V
X
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physical Location:6531 MALONEY Ave. Note:As MH are replaced C
STOCK ISLAND C
a. and elevated to BFE under
rrtadmN Add.-2nn FranNln Rd current code,the MH units �
cry:somnneia contiguous to these replaced v
Y
s,are Mi units will then be subject to =
Zip Cade 43034
elevating to BFE
7° ".'� �'• +� �' ��. Year Built:1887
Last SaleAmoanc 4.,:ooas Gradually,more MH units
will be required to elevate to
BFE,even with the current
! exception.
ws. U
=a MH not contiguous to and surrounded by
yr manufactured/mobile homes that are also not elevated to BFE
and that would need to elevate to BFE(+1 ft)when replaced
or substantially improved under current Monroe County code.
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2522
0Ah
Assuming a policy amendment is adopted to remove the exception and require manufactured/mobile homes meet Florida Building Code elevation
requirements,the following is an example of the additional properties that will need to elevate to BFE(+lft)when replaced or substantially improved(see
black dots):
MH that would need to elevate to �IEaw-MH cn yradeteloW
r► BFE(+tft)with a policy change
@man=MH at or above
v EFE
®=not a manufactured
` rrnobile home
G—R -H+G FL,3:uC Red=tIACANI
AX W-"':,,dX If,
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=a MH not txntiwcus to and surrounded by
mawfaMred+riwb;e harnes that are also not elevated to EFE
1 �" and that would need to elavath to BFE(+1ft)when replaced M
g\ or substantialP improved under current Marro,-Cowoty code. c
.a
d
X
x
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C
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Total approximate MH on the property 12
v
v
MH currently on grade/below BFE 12
_ MH currently elevated at or above BFE 3 c
U
ID MH that would be subject to elevation requirement based on current code 4
U
MH that would be subject to BFE elevation requirement with a policy change 5
O
v
1 Not a MH structure 2
n
17
N
Vacant n/a m
E
m
Cr
m
C
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• -_._—___ - N
C r
- �M
E
U
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2523
0.4.h
4.Stock Island(00125750-000000)
h n
a
ry �
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2018 Aerials Yellow=MH on grade/below
BFE
zzio
W". o
GdW=MH at or above
"w Current P6wATERVIEW ESTATES OF BFE N
KEY WEST LLC ~ L
Blue=not a manufactured U
- RE Number 00125750.Q000(le C
Rti r�• �' OvmerU.— WATERVIEW ESTATES OF /mobile homeID M
� KEY WEST LLC C
P. l + Red=VACANT o
AK Number:116OD24 'a
1 rbrai<al Lu aliob:s5se MALONEYMA oNEv Ave.A e. Note:As MH are replaced K
STOCK ISLAND W
and elevated to BFE under e
raauiaa Address:SO Eox.4esa current code,the MH units 4
City:Key West contiguous to these replaced
i state:EL units will then be subject to 2
Zip cede:33041 elevating to BFE iv
Y r guilt:1976 �
J W Gradually,more MH units
m c ' will be required to elevate to v
1
=a MH not contiguous to and ti BFE,even with the current Loi
surrounded by manufactured/mobile , exception. c
homes that are also not elevated to
BFE and that would need to elevate to
U
BFE(+1ft)when replaced or c
substantially improved under current o
Monroe County code. W
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n
Nl
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Hurricane IRMA ImageryICE
d
C
+ " C
I IL,
N
O
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to
LI
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2524
0Ah
Assuming a policy amendment is adopted to remove the exception and require manufactured/mobile homes meet Florida Building Code elevation
requirements,the following is an example of the additional properties that will need to elevate to BFE(+lft)when replaced or substantially improved(see
black dots):
2018Aerials ''r• Yellow=MH on grade/below
�r 8FE
� =MH that would need to elevate to
BFE(+1ft)with a policy change =MH at or above
re Q rra as:war€nrewesrarEsoc „ 8FE
KBvrrEsrLLc
RE Number,miss7saapmwo =not a manufactured
Owner Name;WAiERNE'w ESTATE QF
in ile home
KEY'ES"LLC
VACANT
`��R I►"� AK Number:116W24
Ptn,—r L-agee;ss29 MALONEY An. Nate:As MH are replaced
s SSCCKrSL D and elevated to BFE under
uurrenLw&,the MH units
City,Kaadr055;P6 Bax 4_3
c;�Nei wes, contiguous to these replaced
gran-FL units will then he subject to o
n ` Z.p We:32aa+ elevating to BFE a
Bent:r475 'r O
�a
.,, Gradually,more MH units
OF
will be required to elevate to U
Lvrl= s S O
a MH not contiguous to and y excepeven with the current
surrounded by manufacturedlmohile exce lion.
homes that are also not elevated to >
BFE and that would need to elevate to O
BFE(•ttt)when replaced or v
substantially improved undercurrent
Monroe County code.
io
M_
C
O
.a
N
U
Total approximate MH on the property 4 X
C
O
MH currently on grade/below BFE 3
v
v
€ MH currently elevated at or above BFE 1 =
ID MH that would be subject to elevation requirement based on current code 3 v
O
U
MH that would be subject to BFE elevation requirement with a policy change n/a
U
1 Not a MH structure 10 c
v
Vacant n/a
m
n
N
C
W
E
N
Cr
a' I. B
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C
rn
,D
X
W
C
W
E
L
U
Q
This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URMl
Packet Pg.2525
0.4.h
5.Stock Island(00132350-000000)
'k
\ 1. %"�
\ 1
'ol 3lurL
N
N
2018 Aerials - Yellow=MH on grade/below U
BFE
x" Green=MH at or above >
• s BFE v
s•, �`` d
t f t no a manufactured
Current Paecels:CAYO HUESO n -- L
INVESTMENTS INC /mobile home
RE Number.OC132350-W0000
1 M
;, y 0--N.—cnvaTluEsa Red=VACANT
INVESTMENTS INC O
. ,• �' ' AK Number:1166821 Note:As MH are replaced
+r and elevated to BFE under X
d
• STOCK ISLAND on:6511 MALONEY Ave.
current code,the MH units C
contiguous to these replaced —
i Mailing Address:6511 Maloney Ave units will then be subject to v
Cny:Key nest elevating to BFE v
'.. F State:FL 2
r zip Cade:3304d Gradually,more MH units
.^r Year Built:1964 will be required to elevate to Qa
V z—to BFE,even with the current O
0
!�. • exception. 0
=a MH not contiguous to and surrounded by
manufactured/mobile homes that are also not elevated to BFE
and that would need to elevate to BFE(+1 ft)when replaced 0
v
or substantially improved under current Monroe County code.
N
O
J7
N
Hurricane IRMA Imagery � ���_�L: W
C
O
N
T
C
X
W
C
in
N
Cr
L
O
O
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2526
OA.h
Assuming a policy amendment is adopted to remove the exception and require manufactured/mobile homes meet Florida Building Code elevation
requirements,the following is an example of the additional properties that will need to elevate to BFE(+lft)when replaced or substantially improved(see
black dots):
2018Aelials k Yellow=Wongraddbelav
BFE
=MH that would need to elevate to =MHatorabove
�. BFE(+tft)with a policy change
BFE
notamanufactured
t( currwne..ra.-rarauuESO ,�
r sThnErswc rmobilehomme
+ Rq-MrsrWat N131sSN�000J6
• =1lACANT
` i • ' Owm mm�e;CAva Huesc
tWESTLIEN S INC
a7
AKM, w mesa:+ Note-AsMMareTeplaced
` • and elevated to BFE urder
Phimeal Lnea , 55,W&ONEY A, vAiTent Code,the MR Wnt
• • srocx s A+0 cont uous to these re placed N
��. Mmiinp Aadre :65,1 M jAve unitswilthen be subjectto N
City: Kep West elevafingta BFE. m
r Saab.FL
�' • LIPCude:xaso Gradua9ly,TaoreNlliunts p
Y^a'R�Wt a ' w�lberequiredtoelevatetO
f ttt BFE,even witflthecumnt
f , exception.
L
_ O=a MHnatmxitguousteandsuneurdedby L
man ufacturedrmob Ile homes thatare also not elevated b BE 0
C
and that would need to elevate to BFE(+1 ft)when replaced 'O
orsubstantiallyimprovedurtderrxrnentlWonrceCauntycode. �
0
.a
d
0
x
d
a
O
Total approximate MH on the property 10
v
MH currently on grade/below BFE 10 =
MH currently elevated at or above BFE n/a v
0
U
MH that would be subject to elevation requirement based on current code 0
MH that would be subject to BFE elevation requirement with a policy change 10
0
Not a MH structure n/a u0
m
n
N
Vacant n/a C
N
E
N
Cr
N
0
O
N
N
N
T
r
C
N
4
L
U
Q
This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2527
0.4.h
6.Stock Island(00125770-000000)
(,k p
114111
if
fi
m
O
2018 Aerials Yellow=MH on grade/below v
BFE L
GrEW=MH at or above
s « BFE
rr.dh
O
not a manufactured 'a
/mobile home
U
VACANT
Note:As MH are replaced
and elevated to BFE under o
current code,the MH units m
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( Wit+ a ti Cu ent Pe cels.TOWNSEND RAIN K Gradually,more MH units v
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RE Number. D0125770-61x7ooi) BFE,even with the Current c
f1 p "•,� Dwner Name:TOWNSEND RAIN K exception. 7
AK Number: f160041 U
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Physical Location:6621 MALONEY Ave, y
= STOCK ISLAND
a MH not contiguous to and surrounded by €y
manufactured/mobile homes that are also not � � Mailing address:Po Box 5929 c
elevated to BFE and that would need to elevate to f M City:Key west E
BFE(+1ft)when replaced or substantially improved a* / h state: FIL u
under current Monroe County code. 711 zip Coder 3304E
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provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated 11RM-L.
Packet Pg.2528
0.4.h
Assuming a policy amendment is adopted to remove the exception and require manufactured/mobile homes meet Florida Building Code elevation
requirements,the following is an example of the additional properties that will need to elevate to BFE(+lft)when replaced or substantially improved(see
black dots):
2018 Aerials • =MH that would need to elevate to Yellow=MH an gradelbelow
• BFE(+1ft)with a policy change BFE
' Green=MH at or above
r ; F • BFE
not amanutactiared I
!mobile home
r " =VAGANT
� WON-
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Current r'arcels:TOWNSEND RAIN K m
•` RE Numper: 0012577D-OOODOu
Owner Name:TOWNSEND RAIN K
AK Number: 1160D41 E
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Physical Location: 6621 MALONEY Ave,
y STOCK ISLAND
=a MH net contiguous to and surrounded by
manutactured/mobile homes that are also not a r Mailing Address:Pt]Sax 5929 c
elevated to BFE and that would need to elevate to �"
"",+ �, rx �'� city: :<ey Wesl
BFE(,1it}when replaced or substantially Improved Stale: FL x
u nder cu Tent Mon roe Co u my code. Zip Code: 33045 c
s Year Built: 1943 —
v
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Total approximate MH on the property 24
v
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MH currently on grade/below BFE 24
v
MH currently elevated at or above BFE n/a 'n
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MH that would be subject to elevation requirement based on current code 14 H
m
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2529
0.4.h
7.Big Coppitt(Seaside Resort 00121761-000000+,00121762-000100+)
Current P—Is:SEASIDE RESORT INC A
CONDOMINIUM PHASE I
RE Number.00121761-0,30013e
'u✓� �,�� - "' : W v, � Oxmer Name:SEASIDE RESORT INC A
CONDOMINIUM PHASE I
AK Number:8561636
1 v
Physical Location:55 BOCA CHICA Rd,
BIG COPPITT KEY
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Greg=MH at or above v
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=a MH not contiguous to and surrounded by
manufactured/mobile homes that are also not elevated to BEE
and that would need to elevate to BEE(+1 ft)when replaced
or substantially improved under current Monroe County code.
This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2530
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Assuming a policy amendment is adopted to remove the exception and require manufactured/mobile homes meet Florida Building Code elevation
requirements,the following is an example of the additional properties that will need to elevate to BFE(+lft)when replaced or substantially improved(see
black dots):
This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2531
OA.h
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MH currently on grade/below BFE 126 >
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MH currently elevated at or above BFE 5
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MH that would be subject to elevation requirement based on current code 88 tO
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• MH that would be subject to BFE elevation requirement with a policy change 38 v
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2532
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2534
0.4.h
2018 Aerials Yellow=MH on grade/below BFE
Greer'=MH at or above BFE
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and that would need to elevate to BFE(+1ft)when replaced
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2535
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manufactured/mobile homes that are also not elevated to BFE
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or substantially improved under current Monroe County code.
m
Assuming a policy amendment is adopted to remove the exception and require manufactured/mobile homes meet Florida Building Code elevation
requirements,the following is an example of the additional properties that will need to elevate to BFE(+lft)when replaced or substantially improved(see
black dots): r
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This analysis is not intended for the recognition of development rights or to identify permitted or unpermitted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2536
0.4.h
". YE!0N=&HWgS%te!RBFE
f • =MH that would need to elevate to
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ab tk, o d b EFE;-Ia)Wen—ced
or LiDr—0-04 O.J..
This analysis is not intended for the recognition of development rights or to identify permitted or unpemritted work,and should not be used nor relied upon for these items.This analysis is being completed to
provide information for potential policy determinations to reduce risk related to elevation requirement for certain existing manufactured/mobile home parks designated URM-L.
Packet Pg.2537
Venture Out:
r�.
Total approximate MH on the property 424 '
cv
CD
cv
MH currently on grade/below BFE 289
MH currently elevated at or above BFE 135
76
MH that would be subject to elevation requirement based on current
code 248
2
• MH that would be subject to BFE elevation requirement with a 41
policy change
Not a MH structure 116 W
4 Vacant 116
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This analysis is not intended for the recognition of development rights or to identify permitted or uripermitted work,and should not he used nor relied upon
for these items. This analysis is raeirig completed to provide information for potential policy determinations to reduce risk related to elevation requirement for rC
certain existing manufactured/mobile home parks designated URM-C_.
Packet Pg. 2538
Exhibit 7
County of Monroe -�
N
Planning&Environmental Resources Board of Countv Commissioners tv
Department r,
io;( Mayor David Rice,District 4
2798 Overseas Highway,Suite 410 Mayor Pro Tern Sylvia J.Murphy,District 5
tJ
Marathon,FL 33050y � �j(I�t � 1� Danny L.Kolhage,District 1
Voice: (305)289-2500 George Neugent,District 2
FAX: (305)289-2536 ,� Heather Carruthers,District 3 6
We strive to be caring,professional,and fair.
To: Monroe County Planning & Environmental Resources Department, Monroe County Building `'"
Department, & Construction Industry Members
From: Emily Schemper, AICP, CFM, Assistant Director of Planning
Date: November 18, 2017
Subject: Manufactured and Mobile Home Land Development Regulation Analysis
CD
The following is an analysis of the Land Development Regulations related to the replacement and c„
substantial improvement of manufactured and mobile homes, based on both the current adopted Monroe
Ch
County Land Development Code and Title 44 of the Code of Federal Regulations (44 C.F.R.).
A summary of the analysis is provided on page 2, followed by analysis and references to the relevant
sections of the Monroe County Land Development Code (LDC) and Title 44 of the Code of Federal
Regulations (44 C.F.R.).
Please note that this document primarily addresses zoning district and floodplain elevation requirements
for the repair and/or replacement of manufactured and mobile homes. Any manufactured and mobile E
homes replaced or repaired are subject to all other requirements of the Code of Federal Regulations, the s
Florida Building Code, and the Monroe County Land Development Code and Floodplain Regulations. 2
Page 1 of 16
Packet Pg. 2539
SUMMARY - Manufactured and Mobile Home Land Development Regulation Analysis
ZONING '
N
N
Manufactured and Mobile Homes damaged or destroyed (by flood or any other means), so as to
require substantial improvement, which are not located within a URM, URM-L, CFA, CFV, or CFSD
Zoning District, and are not located within a Community Center Overlay District:
0
MAY NOT BE REPAIRED ED OR REPLACED MANUFACTURED UFAC,,,,Uh ED AND MOBILE HOMES
(LDC§102-56(f))
r9
FLOOD ELEVATION
0
0
MAY ELEVATE ON 36" REINFORCED PIERS
0
Manufactured and Mobile Homes within A or V zones that meet all of the following criteria:
1. NOT substantially damaged by a flood (may be substantially damaged by other means), verified by
affidavit; and (44 CFR§60.3(e)(1),§60.3(e)(8),§60.3(c)(12);LDC§122-4(b)(4)b.)
2. Within a URM-L Zoning District; and (LDC§130-53)
cv
3. Within a Manufactured and Mobile Home Park or Subdivision with facilities constructed before
1/1/1975; and (44 CFR§60.3(e)(1),§60.3(e)(8),§60.3(c)(12);LDC§122-4(b)(4)b.)
4. On a lot contiguous to and surrounded by manufactured and mobile homes that are also not
elevated to base flood elevation. (LDC§122-4(b)(4)b.) 0
Manufactured and mobile homes that meet all of the above criteria
CL
may be placed on 36" reinforced piers. 0
0
0
MUST ELEVATE TO BASE FLOOD ELEVATION
0
All other Manufactured and Mobile Homes within A or V zones, which are substantially damaged by
a flood or other means,and do not meet the criteria above for 36" reinforced piers:
A Zones: Must elevate finished floor to or above Base Flood Elevation (BFE).
(44 CFR§60.3(e)(1),§60.3(c)(6))
V Zones: Must elevate bottom of beam (lowest horizontal structural member)to or above BFE. 0
(44 CFR§60.3(e)(8),§60.3(e)(4);LDC§122-4(b)(1)a.)
Page 2 of 16
Packet Pg. 2540
A. Monroe County Comprehensive Plan and Land Development Code — Land Use District
(Zoning) Regulations "
Chapter 130, Article III. of the Monroe County Land Development Code (LDC) specifies the N
N
permitted uses for each Land Use (Zoning) District in the County. "Mobile Home" is a defined use W
in the LDC (Section 101-1), and is listed as a permitted use in only five Zoning districts within the
County: URM; URM-L; CFSD-13; CFSD-16; and CFSD-20 if existing as of 7/18/1995. Any mobile Z
and manufactured homes existing in another Zoning district are considered to be a "nonconforming
use," as defined in LDC Section 101-1. E
As Nonconforming Uses, such mobile and manufactured homes are subject to the regulations of
LDC Chapter 102, Article III, regarding Nonconformities. Per Section 102-56(f)(2), if a structure in
which a nonconforming use is located is damaged or destroyed so as to require substantial
improvement, then the structure may be repaired or restored only for uses that conform to the o
provisions of the land use (zoning) district in which it is located. However, per Section 102-56(f)(3),
in the CFA, CFV, and CFSD land use (zoning) districts and the CC overlay districts identified in
Section 130-132 through Section 130-140, nonconforming uses lawfully existing as of September 15, o
1986, may be rebuilt even if 100 percent destroyed,provided that they are rebuilt to preexisting use,
building footprint and configuration without increase in density or intensity of use identified in
Section 130-157 and registered in accordance with section 102-55. Development shall be brought
into compliance to the maximum extent practicable, as determined by the Planning Director.
CD
The "CC overlay districts" (Community Centers) referenced above include the following:
• Sec. 130-132. Key Largo Tradewinds Community Center Overlay (TCC)
vi
• Sec. 130-133. Key Largo Downtown Community Center Overlay (DTCC)
• Sec. 130-134. Key Largo Welcome Center Community Center Overlay (WCCC) -�
• Sec. 130-135. Big Pine Key Commercial Community Center overlay (BPCCC)
• Sec. 130-136. Reserved for the Lower Sugarloaf Community Center overlay (LSCC)
• Sec. 130-137. Reserved for the Cudjoe Community Center overlay (CCC)
• Sec. 130-138. Reserved for the Summerland Community Center overlay (SCC) c'
m
• Sec. 130-139. Reserved for the Ramrod Community Center overlay (RCC) o
• Sec. 130-140. Reserved for the Safe Harbor Community Center overlay (SHCC)
Additionally, Policy 101.9.5 of the Monroe County Year 2030 Comprehensive Plan states that ,
existing manufactured homes which are damaged or destroyed so as to require substantial
improvement shall be required to meet the most recent HUD standards, and the floodplain
management standards set forth by FEHA.
LU
Any mobile and manufactured homes damaged or destroyed (either by flood or other means)
so as to require substantial improvement, that are not located within a URM, URM-L, CFSD-
13, CFSD-16, or CFSD-20 (existing as of 7/18/1995) Zoning district, may not be repaired or
Page 3 of 16
Packet Pg. 2541
replaced with mobile and manufactured homes, unless they were lawfully existing mobile and
manufactured homes as of September 15, 1986 and are in a CFA, CFV, CFSD, or Community
Center Overlay District, in which case they may be rebuilt to the preexisting use, building N
footprint, and configuration, without an increase in density, and in compliance with all other
requirements of the Code of Federal Regulations, the Florida Building Code, and the Monroe
County Land Development Code and Floodplain Regulations. All others must be replaced with
another use that is listed as permitted within its Zoning district(each Zoning district's permitted uses
76
are listed in LDC Chapter 130, Article III.).
E
Monroe County Land Development Code References:
Section 101-1 Definitions.
Mobile home means a structure transportable in one or more sections which structure is eight body o
feet or more in width and over 35 feet in length, which structure is built on an integral chassis and
X
designed to be used as a dwelling when connected to the required utilities and includes the
plumbing, heating, air conditioning and electrical systems contained therein, including expandable 2
recreational vehicles, known as "park models" designed and built as a permanent residence, the >
structure for which is 35 feet or less in length and in excess of eight feet in width.
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not include a"recreational vehicle".
N
v,
Mobile home park means a place set aside and offered by a person or public body for either direct or .�
indirect remuneration of the owner, lessor or operator of such place for the parking or
accommodation of six or more mobile homes.
Nonconforming use means a use which does not conform to a current provision or regulation
CL
provided in the Comprehensive Plan and/or LDC. 0)
0
Nonconforming use, lawful means a use which does not conform to a current provision or regulation .�
provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in existence
lawfully, prior to the effective date of the ordinance adopting the current provision or regulation that
rendered the use nonconforming.
Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of
which equals or exceeds 50 percent of the pre-destruction market value of the structure, as w
determined by the office of the tax assessor of the county, either before the improvement or repair is a
started, or if the structure has been damaged and is being restored, before the damage occurred. For E
the purposes of this definition, substantial improvement is considered to occur when the first
Page 4 of 16
Packet Pg. 2542
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or
not that alteration affects the external dimension of the structure. The term does not, however,
include either:
N
N
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary 2
or safety code specifications which are necessary solely to ensure safe living conditions; or
(2) Any alteration of a structure listed on the National Register of Historic Places, the state inventory
76
of historic places, or any inventory of local historic places. 0
Sec. 102-56. Nonconforming Uses.
(f) Termination.
0
(2) Damage or destruction. Except as provided in Section 102-56(f)(3) and (4), if a structure in W
which a nonconforming use is located is damaged or destroyed so as to require substantial r-
improvement, then the structure may be repaired or restored only for uses that conform to the
provisions of the land use (zoning) district in which it is located. Fair market value shall be
determined by reference to the official tax assessment rolls for that year or by an appraisal by a
qualified independent appraiser. The extent of damage or destruction shall be determined by the
building official, in consultation with the Planning Director, by comparing the estimated cost of
repairs or restoration with the fair market value (such damage or destruction may be voluntarily or
due to natural phenomena whose effects could not be prevented by the exercise of reasonable care
and foresight).
(3) Damage and destruction of nonconforming uses in commercial fishing districts (CFA, CFV and
CFSD) and Community Center Overlay Districts (CC). In the CFA, CFV, and CFSD land use
(zoning) districts and the CC overlay districts identified in Section 130-132 through Section 130-
140, nonconforming uses lawfully existing as of September 15, 1986, may be rebuilt even if 100
percent destroyed, provided that they are rebuilt to preexisting use, building footprint and 0)
configuration without increase in density or intensity of use identified in Section 130-157 and s
registered in accordance with section 102-55. Development shall be brought into compliance to the a
maximum extent practicable, as determined by the Planning Director.
Monroe County Year 2030 Comprehensive Plan References:
Policy 101.5.9 LU
Existing manufactured homes which are damaged or destroyed so as to require substantial
a�
improvement shall be required to meet the most recent HUD standards, and the floodplain
management standards set forth by FEMA.
Page 5 of 16
Packet Pg. 2543
B. Code of Federal Regulations
C.F.R. Definitions
CD
cv
Title 44 of the Code of Federal Regulations (44 C.F.R.) includes Floodplain management criteria for
m
flood-prone areas. Section 59.1 provides a definition for a"manufactured home park or subdivision"
and distinguishes between "new manufactured home park or subdivision," "existing manufactured a
home park or subdivision," and"expansion to an existing manufactured home park or subdivision."
c
44 C.F.R. References E
§ 59.1 Definitions.
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to c
the required utilities. The term "manufactured home" does not include a"recreational vehicle".
x
W
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into r_
two or more manufactured home lots for rent or sale.
a�
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by a community.
Existing manufactured home park or subdivision means a manufactured home park or subdivision CD
C
for which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community. []in Monroe County this cute is �
January 1. 19751CL
m
Expansion to an existing manufactured home park or subdivision means the preparation of o
additional sites by the construction of facilities for servicing the lots on which the manufacturing
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the "
market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
Page 6 of 16
Packet Pg. 2544
the "start of construction" of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed. The term does not, however,
include either:
N
N
(1) Any project for improvement of a structure to correct existing violations of state or local a)
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions or
76
(2) Any alteration of a "historic structure", provided that the alteration will not preclude the 0
structure's continued designation as a"historic structure".
C.F.R. Elevation Requirements
Section 60.3 (44 C.F.R.) provides the following elevation requirements for manufactured homes
(mobile homes)that are placed or substantially improved within A or V flood zones, in the following
categories: c
1. Individual Manufactured and Mobile Homes that are NOT located within a manufactured and
mobile home park or subdivision:
a. Within A Zones: Require that manufactured and mobile homes that are placed or
substantially improved within Zones Al-30, AH, and AE on the community's FIRM on
N
sites outside of a manufactured and mobile home park or subdivision be elevated on a
permanent foundation such that the lowest floor of the manufactured or mobile
home is elevated to or above the base flood elevation and be securely anchored to an W
adequately anchored foundation system to resist floatation collapse and lateral
movement. [§60.3(e)(1) > §60.3(c)(6)(i)]
b. Within V Zones: Provide that all new construction and substantial improvements in
CL
Zones V1-30 and VE, and also Zone V if base flood elevation data is available, on the W
community's FIRM, are elevated on pilings and columns so that the bottom of the s
lowest horizontal structural member of the lowest floor (excluding the pilings or
columns)is elevated to or above the base flood level. [§60.3(e)(8)(i) > §60.3(e)(4)]
2. Manufactured and Mobile Homes within a new manufactured and mobile home park or
subdivision:
LU
a. Within A Zones: Require that manufactured and mobile homes that are placed or
substantially improved within Zones Al-30, AH, and AE on the community's FIRM on E
sites in a new manufactured and mobile home park or subdivision be elevated on a
permanent foundation such that the lowest floor of the manufactured or mobile
Page 7 of 16
Packet Pg. 2545
home is elevated to or above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist floatation collapse and lateral T-
movement. [§60.3(e)(1) > §60.3(c)(6)(ii)] '
cv
cv
b. Within V Zones: Provide that all new construction and substantial improvements in
Zones V1-30 and VE, and also Zone V if base flood elevation data is available, on the
community's FIRM, are elevated on pilings and columns so that the bottom of the
lowest horizontal structural member of the lowest floor (excluding the pilings or
columns)is elevated to or above the base flood level. [§60.3(e)(8)(ii) > §60.3(e)(4)] E
3. Manufactured and Mobile Homes within an expansion to an existing manufactured and
mobile home park or subdivision:
0
a. Within A Zones: Require that manufactured and mobile homes that are placed or
substantially improved within Zones Al-30, AH, and AE on the community's FIRM on
sites in an expansion to an existing manufactured and mobile home park or subdivision
be elevated on a permanent foundation such that the lowest floor of the
manufactured or mobile home is elevated to or above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist floatation
collapse and lateral movement. [§60.3(e)(1) > §60.3(c)(6)(iii)]
b. Within V Zones: Provide that all new construction and substantial improvements in
N
Zones V1-30 and VE, and also Zone V if base flood elevation data is available, on the
community's FIRM, are elevated on pilings and columns so that the bottom of the Ch,
lowest horizontal structural member of the lowest floor (excluding the pilings or
columns)is elevated to or above the base flood level. [§60.3(e)(8)(iii) > §60.3(e)(4)]
4. Manufactured and Mobile Homes on sites within an existin2 manufactured and mobile home
park or subdivision on which a manufactured or mobile home has incurred "substantial
CL
damage" as the result of a flood: W
0
a. Within A Zones: Require that manufactured and mobile homes that are placed or
substantially improved within Zones Al-30, AH, and AE on the community's FIRM on
sites in an existing manufactured and mobile home park or subdivision on which a
manufactured or mobile home has incurred "substantial damage" as the result of a flood
be elevated on a permanent foundation such that the lowest floor of the
manufactured or mobile home is elevated to or above the base flood elevation and be w
securely anchored to an adequately anchored foundation system to resist floatation
collapse and lateral movement. [§60.3(e)(1) > §60.3(c)(6)(iv)] E
Page 8 of 16
Packet Pg. 2546
b. Within V Zones: Provide that all new construction and substantial improvements in
Zones V1-30 and VE, and also Zone V if base flood elevation data is available, on the
community's FIRM, are elevated on pilings and columns so that the bottom of the '
N
lowest horizontal structural member of the lowest floor (excluding the pilings or
columns)is elevated to or above the base flood level. [§60.3(e)(8)(iv) > §60.3(e)(4)]
5. Manufactured and Mobile Homes on sites within an existin2 manufactured and mobile home
park or subdivision on which a manufactured or mobile home has incurred "substantial
damage" as the result of something other than a flood: E
a. Within A Zones: Require that manufactured and mobile homes to be placed or
substantially improved on sites in an existing manufactured and mobile home park or �?
subdivision within Zones A-1-30, AH, and AE on the community's FIRM that are not
subject to the provisions of paragraph (c)(6) be elevated so that either (i) the lowest floor
of the manufactured or mobile home is at or above the base flood elevation, or (ii)
the manufactured or mobile home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade and be securely anchored to an adequately anchored foundation
system to resist floatation, collapse, and lateral movement. [§60.3(e)(1) > §60.3(c)(12)]
[Note: Per Section 130-53 of the Monroe County Land Development Code, the
option to place a manufactured or mobile home on piers or other foundation of 36
inches in height is only available within the URM-L Zoning District. In all other
cv
zoning districts,it must be elevated to or above the base flood elevation.]
vi
b. Within V Zones: Require that manufactured and mobile homes placed or substantially
improved on other sites in an existing manufactured or mobile home park or subdivision
within Zones VI-30, V, and VE on the community's FIRM be elevated so that either (i)
the lowest floor of the manufactured or mobile home is at or above the base flood
elevation, or (ii) the manufactured or mobile home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength that are no less
than 36 inches in height above grade and be securely anchored to an adequately s
anchored foundation system to resist floatation, collapse, and lateral movement.
[§60.3(e)(8) > §60.3(c)(12)]
[Note: Per Section 130-53 of the Monroe County Land Development Code, the
option to place a manufactured or mobile home on piers or other foundation of 36
inches in height is only available within the URM-L Zoning District. In all other
zoning districts,it must be elevated to or above the base flood elevation.]
Page 9 of 16
Packet Pg. 2547
44 C.F.R. References
§ 60.3 Flood plain management criteria for flood-prone areas.
N
The Federal Insurance Administrator will provide the data upon which flood plain management
regulations shall be based. If the Federal Insurance Administrator has not provided sufficient data to
t�
furnish a basis for these regulations in a particular community, the community shall obtain, review
and reasonably utilize data available from other Federal, State or other sources pending receipt of
data from the Federal Insurance Administrator. However, when special flood hazard area 0
designations and water surface elevations have been furnished by the Federal Insurance
Administrator, they shall apply. The symbols defining such special flood hazard designations are set
forth in § 64.3 of this subchapter. In all cases the minimum requirements governing the adequacy of
the flood plain management regulations for flood-prone areas adopted by a particular community
depend on the amount of technical data formally provided to the community by the Federal c
Insurance Administrator. Minimum standards for communities are as follows:
x
(e) When the Federal Insurance Administrator has provided a notice of final base flood elevations
within Zones Al-30 and/or AE on the community's FIRM and, if appropriate, has designated AH
zones, AO zones, A99 zones, and A zones on the community's FIRM, and has identified on the
community's FIRM coastal high hazard areas by designating Zones V1-30, VE, and/or V, the
community shall:
cv
(e)(1)Meet the requirements of paragraphs (c)(1) through(14) of this section;
vi
(e)(4) Provide that all new construction and substantial improvements in Zones V1-30 and VE, and
also Zone V if base flood elevation data is available, on the community's FIRM, are elevated on
pilings and columns so that
CL
(i)the bottom of the lowest horizontal structural member of the lowest floor(excluding the pilings or E
columns)is elevated to or above the base flood level; and s
(ii) 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 used shall be those required by applicable State or local building standards.
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 accepted standards of practice for meeting the
provisions of paragraphs (e)(4) (i) and (ii) of this section.
e(
Page 10 of 16
Packet Pg. 2548
r�.
(e)(8) Require that manufactured homes placed or substantially improved within Zones V1-30, V,
and VE on the community's FIRM on sites
cv
(i) Outside of a manufactured home park or subdivision,
c,
(ii) In a new manufactured home park or subdivision,
76
(iii) In an expansion to an existing manufactured home park or subdivision, or o
(iv) In an existing manufactured home park or subdivision on which a manufactured home has
incurred"substantial damage" as the result of a flood,
meet the standards of paragraphs (e)(2)through(7) of this section and
that manufactured homes placed or substantially improved on other sites in an existing manufactured U
home park or subdivision within Zones VI-30, V, and VE on the community's FIRM meet the
requirements of paragraph (c)(12) of this section.
(c)(6) Require that manufactured homes that are placed or substantially improved within Zones A1-
30, AH, and AE on the community's FIRM on sites
(i) Outside of a manufactured home park or subdivision, `h
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has
CL
incurred"substantial damage" as the result of a flood, W
0
be elevated on a permanent foundation such that the lowest floor of the manufactured home is .a
elevated to or above the base flood elevation and be securely anchored to an adequately anchored 2
foundation system to resist floatation collapse and lateral movement.
(c)(12) Require that manufactured homes to be placed or substantially improved on sites in an X
existing manufactured home park or subdivision within Zones A-1-30, AH, and AE on the
community's FIRM that are not subject to the provisions of paragraph (c)(6) of this section be E
elevated so that either
Page 11 of 16
Packet Pg. 2549
(i) The lowest floor of the manufactured home is at or above the base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of
at least equivalent strength that are no less than 36 inches in height above grade and be securely
anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral
movement. c,
0
0
C. Monroe County Land Development Code—Floodplain Regulations
Chapter 122 of the Monroe County Land Development Code (LDC) contains the County's local
Floodplain Management Regulations. The regulations in this chapter are consistent with 44 C.F.R. 0
§59.1 and §60.3, and also include several additional requirements regarding substantial improvement X
0
or replacement of manufactured and mobile homes.
LDC Section 122-3(a) defines manufactured home as "a structure, transportable in one or more 0
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 trailer, travel
trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and
intended to be improved property;" and defines existing manufactured home park as "a
manufactured home park or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including, at a minimum, the installation of C
utilities, the construction of the streets, and either final site grading or the pouring of concrete pads is
completed before 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 home by this chapter." [Note:
the word "chapter" in the above definition is a reference to the entire LDC, which, at the time this
Ch
section was adopted, was Chapter 9.5 of the Monroe County Code.]
c.
0
The County LDC definition of existing manufactured home park matches the definition in 44 C.F.R. 0
§59.1, but specifies the effective date of the County's floodplain management regulations (January 1,
a�
1975) and includes the following additional criteria for a park to be considered"existing":
1. there are no site built residences in the manufactured and mobile home park or
subdivision; or
2. the park or subdivision must be limited to manufactured and mobile homes by the
LDC.
The LDC limits only one zoning district to manufactured and mobile homes: URM-L. Per LDC
Section 130-53, Purpose of the Urban Residential Mobile Home —Limited District (URM-L), "the
purpose of the URM-L district is to recognize the existence of parks and subdivisions which consist
Page 12 of 16
Packet Pg. 2550
exclusively, or almost exclusively, of mobile homes, but not to create new such areas, in order to
permit property owners in such areas to replace or establish mobile homes below base flood
elevation as authorized by certified federal regulations." LDC Section 130-100 lists the permitted '
N
and conditional uses within the URM-L Zoning District; Mobile Homes are the only residential use
allowed within the URM-L district. Additionally, the URM-L district is the only zoning district
whose purpose specifies the option of replacing or establishing manufactured and mobile
homes below base flood elevation, and therefore is the only zoning district in which that option
76
is allowed. >
0
Consistent with 44 C.F.R. §60.3(c)(12), Section 122-4(b)(4)b. of the LDC allows a manufactured or
mobile home to be placed or substantially improved in an existing manufactured and mobile home
park or subdivision at an elevation of 36 inches above grade (rather than at base flood elevation), C
provided that it has not been substantially damaged by flood. However, the LDC includes the Q
additional requirement that the lot on which the manufactured or mobile home is to be placed
at 36 inches above grade must be contiguous to and surrounded by manufactured and mobile
homes that are also not elevated to base flood elevation. [LDC Section 122-4(b)(4)b.1.]
>
Monroe County Land Development Code References:
Section 122-3(a)
CD
Existing construction means structures for which the start of construction commenced before ry
January 1, 1975. Existing construction is also known as pre-FIRM structures.
vi
Existing manufactured home park means a manufactured home park or subdivision for which the -�
construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of the streets, and either final W
site grading or the pouring of concrete pads is completed before 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 CL
manufactured home by this chapter. E
Manufactured home means a structure, transportable in one or more sections, which is built on a 2
permanent chassis and designed to be used with or without a permanent foundation when connected U
to the required utilities. The term also includes park trailer, travel trailers, and similar transportable
structures placed on a site for 180 consecutive days or longer and intended to be improved property.
New construction means those structures for which the start of construction commenced on or after
January 1, 1975. New construction is also knows as post-FIRM structures.
E
Page 13 of 16
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Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent of the T_
market value of the structure before the damage occurred. All structures that are determined to be
substantially damaged are automatically considered to be substantial improvements, regardless of the N
actual repair work performed. If the cost necessary to fully repair the structure to its before damage
condition is equal to or greater than 50 percent of the structure's market value before damages, then
the structure must be elevated (or flood proofed if it is non-residential) to or above the base flood
76
elevation (BFE), and meet other applicable NFIP requirements. Items that may be excluded from the
cost to repair include plans, specifications, survey costs, permit fees, and other items which are 2
separate from the repair. Items that may also be excluded include demolition or emergency repairs
(costs to temporarily stabilize a building so that it's safe to enter to evaluate and identify required E
repairs) and improvements to items outside the building, such as the driveway, septic systems, wells,
fencing, landscaping and detached structures.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of X
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before r_
the "start of construction" of the improvement. This term includes structures which have incurred
"substantial damage, "regardless of the actual repair work performed. The term does not, however, T
include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health, a
0.
sanitary, or safety code specifications which have been identified by the local Building Official and
which are the minimum necessary to assure safe living conditions; or
(b) The cost of repairs required to remedy health, safety, and sanitary code deficiencies can be `h
deducted from the overall cost of an improvement, but only if:
(1) An appropriate regulatory official such as a Building Official, Fire Marshal, or Health 0
Officer was informed about and knows the extent of the code related deficiencies, and W
Ch
(2) The deficiency was in existence prior to the damage event or improvement and will not be CL
triggered solely by the fact that the structure is being improved or repaired. E
0
In addition, for any repair required to meet health, sanitary, and safety codes, only the
minimum necessary to assure safe living conditions should be deducted, including those
improvements required by Chapter 11, 2012 Florida Accessibility Code. Costs of repairs that are in
excess of the minimum necessary for continued occupancy or use will be counted toward the cost of
the overall improvement; or
(c) Any alterations of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a"historic structure." a
Floodplain management requirements for new construction apply to substantial improvements.
Page 14 of 16
Packet Pg. 2552
Supplemental information for substantial improvement.
The basic types of improvements the could be made to structures include but are not limited to
rehabilitations or reconstructions that do not increase square footage, and lateral or vertical additions
that do increase square footage.
Rehabilitation or reconstruction would be a partial or complete "gutting" and replacement of internal
workings and may or may not include structural changes. If this action is substantial, i.e., over 50 76
percent of the structure's market value, it is considered new construction, and the entire building 0
must be elevated to or above the base flood elevation (BFE) (or floodproofed if the building is non-
residential).
c
Sec. 122-4. Standards for Issuance of Building Permits in Areas of Special Flood Hazard.
X
(b) Additional standards.
c
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 and substantial improvement of any residential structure shall have the
lowest floor for zones Al-30, AE and AH or bottom of the lowest supporting member of the lowest
floor for zones V1-30, VE or V elevated at or above the base flood elevation level.
(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 CL
existing manufactured home park or subdivision requirement of 44 CFR 60.3(c)(12), then no E
manufactured home may be placed below the base flood elevation. s
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 on which the manufactured home is to be placed is located in an existing 2
manufactured home park or subdivision and is contiguous to and surrounded by manufactured
homes not at base flood elevation. LU
2. 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
Page 15 of 16
Packet Pg. 2553
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 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.
Sec. 130-53. Purpose of the Urban Residential Mobile Home—Limited District(URM-L).
0
The purpose of the URM-L district is to recognize the existence of parks and subdivisions which 2
consist exclusively, or almost exclusively, of mobile homes, but not to create new such areas, in
order to permit property owners in such areas to replace or establish mobile homes below base flood
elevation as authorized by certified federal regulations.
0
0
Sec. 130-100. Urban Residential Mobile Home—limited district(URM-L). X
(a) The following uses are permitted as of right in the Urban Residential Mobile Home- r_
Limited district:
(1) Mobile homes;
(2) Recreational vehicles in a registered RV park or park trailers commonly known as `park s
models' as defined in F.S. 320.01.;
(3) Home occupations—Special use permit required;
(4) Accessory uses; �;
N
(5) Tourist housing uses, including vacation rental uses, are prohibited except in gated
communities that have: vh
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses;
(6) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f); and
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences. 0
(b) The following uses are permitted as minor conditional uses in the urban Residential
mobile home—limited district, subject to the standards and procedures set forth in chapter 110,
0
article III:
(1) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(e); and >�
w
(3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f). E
0
Page 16 of 16
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Monroe County Planning &
Environmental Resources Department
Manufactured and Mobile Home Replacement Checklist
PROPERTY OWNERS WISHING TO N
REPLACE OR BSI BSTANTIALLV IMPROVE A MANUFACTURED OR MOBILE HOME
MAY SUBMIT THIS FORM AS A REQUEST FOR A PROPERTY ANALYSIS OF APPLICABLE 03
MONROE COUNTY ZONING AND FLOODPLAIN REGULATIONS. j
Property Owner-Please complete Section A.Property Information,AND the attached Flood Affidavit
Submit to: Monroe County Planning &Environmental Resources Department
Marathon Government Center E
2798 Overseas Highway, Suite 400
Marathon, FL 33050
TO BE COMPLETED BY PROPERTY OWNER: W
A. Property Information
Parcel ID Number(s)/RE4(s) x
c
Block Lot Subdivision Key
Property Address Approximate Mile Marker
Property Owner Name
r.
Property Owner Contact Info:Phone Number Email Address
ur
TO BE COMPLETED BY STAFF:
B. Substantial Damage/Improvement—(ASSESSMENT TOOL and/or PERMIT APPLICATION(S))
CL
_NO—Not Substantially Damaged(if NO, owner should refer to "Building Permit Requirements for Mobile Home W
and Manufactured Units"document for repair guidelines) E
0
YES—Substantially Damaged(if YES, owner should refer to the ROGO, Zoning, and Floodplain requirements for
substantial improvements below, and the "Mobile Home and Manufactured Unit Replacement Information"document for
more details) ,
Substantially Damaged by FLOOD
Substantially Damaged by WIND
Substantially Damaged by combination of FLOOD and WIND c`
LU
C. ROGO Exemption on File—(PLANNING REVIEWER
_NO (if NO, owner should request a ROGO Exemption Letter from the Planning Department; or must apply for a
ROGO allocation prior to substantial improvement or replacement of a residential unit)
YES (if YES, substantial improvement or replacement of a residential unit will not require a ROGO allocation)
MMIL7f`"MUrecl & Mobfle Hoine Reel iceinew Cfieckfis�
R E# Packet Pg. 2555
D. Zonin2 & Community Center Overlay Criteria —(PLANNING REVIEWER)
Must meet AT LEAST ONE of the following criteria(Zoning or Community Center)to
substantially improve or replace with a manufactured or mobile home:
Zonine
r�.
URM-L (LDC§130-100)
URM (LDC§130-99) N
CFSD-13 (LDC§130-79O) 2
CFSD-16(LDC§130-790))
CFSD-20 and manufactured/mobile home lawfully existing as of 7/18/1995 (LDC§130-79(1)) p
CFSD-all other#s and manufactured/mobile home lawfully existing as of 9/15/1986 (LDC§102-56(fl(3))
CFA and manufactured/mobile home lawfully existing as of 9/15/1986 (LDC§102-56(fl(3)) >
CFV and manufactured/mobile home lawfully existing as of 9/15/1986 (LDC§102-56(fl(3)) c
E
Community Center Overlay
(LDC§102-56(f)(3);§130-132—§130-140)
Key Largo Tradewinds CC and manufactured/mobile home lawfully existing as of 9/15/1986 S
Key Largo Downtown CC and manufactured/mobile home lawfully existing as of 9/15/1986
W
Key Largo Welcome Center CC and manufactured/mobile home lawfully existing as of 9/15/1986
Big Pine Key Commercial CC and manufactured/mobile home lawfully existing as of 9/15/1986
0.
Lower Sugarloaf CC and manufactured/mobile home lawfully existing as of 9/15/1986
Cudjoe CC and manufactured/mobile home lawfully existing as of 9/15/1986
Summerland CC and manufactured/mobile home lawfully existing as of 9/15/1986 0
Ramrod CC and manufactured/mobile home lawfully existing as of 9/15/1986
Safe Harbor CC and manufactured/mobile home lawfully existing as of 9/15/1986
OT'1iER— DOES NI T MEET ANC' of the Zoning or Community Center criteria above: MAC` NOT
IJBST' l'iALLV 1Mf�` ROVE OR REJ LA(,--'E XV111i A MANIA A(--"F1JRED OR MOBILE 1TOME.
(LDC§102-56(f)(2))
E. Floodnlain Elevation Requirements Criteria —(FLOOD REVIEWER)
ur
Assuming Substantial Improvement/Replacement is permitted per Zoning (Section 4), above,
must meet ALL FOUR of the following criteria to qualify to elevate on 36-inch reinforced piers instead of to BFE:
1.NOT substantially damaged by a flood(may be substantially damaged by other means)
Affidavit completed (44 CFR§60.3(e)(1),§60.3(e)(8),§60.3(c)(12);LDC§122-4(b)(4)b.)
2.Zoning is URM-L(refer to zoning checklist above) (LDC§130-53)
CL
3.Within a Manufactured and Mobile Home Park or Subdivision with facilities constructed before 1/1/1975 c
(44 CFR§60.3(e)(1),§60.3(e)(8),§60.3(c)(12);LDC§122-4(b)(4)b.)
4.On lot contiguous to and surrounded by manufactured and mobile homes that are also not elevated to BFE '
(LDC§122-4(b)(4)b.)
DOES NOT ME1 1' LL FOUR of the foodplain criteria above: M1J T ELEV T'E TO TEET OR
EXCEED BASE IaLOO ELEVATION.
r.
A Zones: Must elevate finished floor to or above BFE.(44 CFR§60.3(e)(1),§60.3(c)(6))
V Zones: Must elevate bottom of beam(lowest horizontal structural member) to or above BFE.
(44 CFR§60.3(e)(8),§60.3(e)(4);LDC§122-4(b)(1)a.)
Planning Reviewer: Floodplain Reviewer:
Initials Date Initials Date
e(
Reviewer(s)Initial: Attached completed checklist and affidavit to Parcel in Community PLUS.
Placed copy of completed checklist and affidavit in any related Permit file.
MINI"' Urecl & Mob le Hoine Rep iceinew C(ieckfis�
R E# I Packet Pg. 2556
STATE OF FLORIDA
COUNTY OF MONROE.
cv
CD
cv
FLOOD AFFIDAVIT -
c,
Before me this day personally appeared who, being duly sworn acknowledges and says:
E
I, the property owner of hereby acknowledge that the home located at
this address was not substantially damaged by flood or was not flooded at all.
c
X
Signature of Affiant(Owner) r-
c
Sworn to (or affirmed) and subscribed before me this day of 201 , by
Name of Affiant
Personally known
cv
OR Produced Identification Ch
Type of Identification Produced
Signature of Notary Public, State of Florida
CL
a)
0
Print, Type or Stamp Name of Notary Public .�
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My commission expires:
LU
Packet Pg. 2557
Exhibit 8-Manufactured home/mobile home analysis
U.S.Code of Federal Regulations
Title 44 Chapter I Part 60 Subpart A-Requirements for Flood Plain Management Regulations
§60.1 -Purpose of subpart.
(a)The Act provides that flood insurance shall not be sold or renewed under the program within a community,unless
the community has adopted adequate flood plain management regulations consistent with Federal criteria.
Responsibility for establishing such criteria is delegated to the Federal Insurance Administrator.
(b) This subpart sets forth the criteria developed in accordance with the Act by which the Federal Insurance
Administrator will determine the adequacy of a community's flood plain management regulations. These regulations N
must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land
within flood-prone,mudslide (i.e.,mudflow)or flood-related erosion areas,and the community must provide that the 4-
regulations take precedence over any less restrictive conflicting local laws,ordinances or codes. Except as otherwise
provided in § 60.6,the adequacy of such regulations shall be determined on the basis of the standards set forth in § _
60.3 for flood-prone areas, § 60.4 for mudslide areas and§ 60.5 for flood-related erosion areas.
(c) Nothing in this subpart shall be construed as modifying or replacing the general requirement that all eligible
communities must take into account flood, mudslide (i.e., mudflow) and flood-related erosion hazards,to the extent E
that they are known,in all official actions relating to land management and use.
(d)The criteria set forth in this subpart are minimum standards for the adoption of flood plain management regulations
by flood-prone, mudslide (i.e., mudflow)-prone and flood-related erosion-prone communities. Any community may
exceed the minimum criteria under this part by adopting more comprehensive flood plain management regulations
utilizing the standards such as contained in subpart C of this part. In some instances, community officials may have
access to information or knowledge of conditions that require, particularly for human safety, higher standards than
the minimum criteria set forth in subpart A of this part. Therefore, any flood plain management regulations adopted
by a State or a community which are more restrictive than the criteria set forth in this part are encouraged and shall
take precedence.
[41 FR 46975,Oct.26, 1976.Redesignated at 44 FR 31177,May 31, 1979,as amended at 48 FR 44552,Sept.29, 1983;49 FR 4751,
Feb.8, 1984] >
§60.2-Minimum compliance with flood plain management criteria. �--
(a) A flood-prone community applying for flood insurance eligibility shall meet the standards of§ 60.3(a)in order to
become eligible if a FHBM has not been issued for the community at the time of application. Thereafter, the
community will be given a period of six months from the date the Federal Insurance Administrator provides the data U-
U
set forth in § 60.3 (b), (c), (d), (e) or (f), in which to meet the requirements of the applicable paragraph. If a
community has received a FHBM, but has not yet applied for Program eligibility, the community shall apply for yi
eligibility directly under the standards set forth in § 60.3(b). Thereafter,the community will be given a period of six
months from the date the Federal Insurance Administrator provides the data set forth in § 60.3 (c), (d), (e) or (f) in F
which to meet the requirements of the applicable paragraph.
(b)A mudslide (i.e., mudflow)-prone community applying for flood insurance eligibility shall meet the standards of§ CD
C
60.4(a)to become eligible.Thereafter,the community will be given a period of six months from the date the mudslide W
(i.e.,mudflow)areas having special mudslide hazards are delineated in which to meet the requirements of§ 60.4(b). ru
(c) A flood-related erosion-prone community applying for flood insurance eligibility shall meet the standards of §
60.5(a)to become eligible. Thereafter, the community will be given a period of six months from the date the flood-
related erosion areas having special erosion hazards are delineated in which to meet the requirements of§ 60.5(b). -
(d) Communities identified in part 65 of this subchapter as containing more than one type of hazard (e.g., any W
combination of special flood,mudslide (i.e.,mudflow),and flood-related erosion hazard areas)shall adopt flood plain 0
management regulations for each type of hazard consistent with the requirements of§§ 60.3,60.4 and 60.5. U
(e)Local flood plain management regulations may be submitted to the State Coordinating Agency designated pursuant
to § 60.25 for its advice and concurrence. The submission to the State shall clearly describe proposed enforcement oa
procedures.
(f)The community official responsible for submitting annual or biennial reports to the Federal Insurance Administrator
pursuant to § 59.22(b)(2) of this subchapter shall also submit copies of each annual or biennial report to any State
Coordinating Agency.
(g) A community shall assure that its comprehensive plan is consistent with the flood plain management objectives of
this part.
(h)The community shall adopt and enforce flood plain management regulations based on data provided by the Federal <C
Insurance Administrator. Without prior approval of the Federal Insurance Administrator, the community shall not
adopt and enforce flood plain management regulations based upon modified data reflecting natural or man-made
physical changes.
`'
[41 FR 46975,Oct.26, 1976.Redesignated at 44 FR 31177,May 31, 1979,as amended at 48 FR 29318,June 24, 1983;48 FR 44552,
Sept.29, 1983;49 FR 4751,Feb.8, 1984;50 FR 36024,Sept.4, 1985;59 FR 53598,Oct.25, 1994;62 FR 55716,Oct.27, 1997]
§60.3-Flood plain management criteria for flood-prone areas.
The Federal Insurance Administrator will provide the data upon which flood plain management regulations shall be
based. If the Federal Insurance Administrator has not provided sufficient data to furnish a basis for these regulations in a
CD
particular community,the community shall obtain,review and reasonably utilize data available from other Federal, State I
CD
or other sources pending receipt of data from the Federal Insurance Administrator. However,when special flood hazard N
area designations and water surface elevations have been furnished by the Federal Insurance Administrator, they shall N
apply. The symbols defining such special flood hazard designations are set forth in§ 64.3 of this subchapter. In all cases ;
the minimum requirements governing the adequacy of the flood plain management regulations for flood-prone areas U
adopted by a particular community depend on the amount of technical data formally provided to the community by the
Federal Insurance Administrator.Minimum standards for communities are as follows:
(a) When the Federal Insurance Administrator has not defined the special flood hazard areas within a community,has
not provided water surface elevation data,and has not provided sufficient data to identify the floodway or coastal high E
hazard area,but the community has indicated the presence of such hazards by submitting an application to participate
in the Program,the community shall:
(1)Require permits for all proposed construction or other development in the community,including the placement of
manufactured homes, so that it may determine whether such construction or other development is proposed within
flood-prone areas;
(2)Review proposed development to assure that all necessary permits have been received from those governmental 0
agencies from which approval is required by Federal or State law, including section 404 of the Federal Water 0
Pollution Control Act Amendments of 1972,33 U.S.C. 1334;
(3) Review all permit applications to determine whether proposed building sites will be reasonably safe from W
flooding.If a proposed building site is in a flood-prone area,all new construction and substantial improvements shall r_
(i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed m
with materials resistant to flood damage, (iii)be constructed by methods and practices that minimize flood damages, W
and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from entering or accumulating within the �--
components during conditions of flooding.
(4) Review subdivision proposals and other proposed new development, including manufactured home parks or
subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal U
or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that(i)
all such proposals are consistent with the need to minimize flood damage within the flood-prone area, (ii) all public yi
utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or
eliminate flood damage,and(iii)adequate drainage is provided to reduce exposure to flood hazards; F
(5) Require within flood-prone areas new and replacement water supply systems to be designed to minimize or
eliminate infiltration of flood waters into the systems; and CD
C
(6)Require within flood-prone areas(i)new and replacement sanitary sewage systems to be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii)
onsite waste disposal systems to be located to avoid impairment to them or contamination from them during
flooding.
(b) When the Federal Insurance Administrator has designated areas of special flood hazards (A zones) by the -
publication of a community's FHBM or FIRM,but has neither produced water surface elevation data nor identified a
floodway or coastal high hazard area,the community shall: 0
(1) Require permits for all proposed construction and other developments including the placement of manufactured U
homes,within Zone A on the community's FHBM or FIRM;
(2)Require the application of the standards in paragraphs (a) (2), (3), (4), (5) and(6)of this section to development co
within Zone A on the community's FHBM or FIRM; u�
(3) Require that all new subdivision proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within
such proposals base flood elevation data;
(4)Obtain,review and reasonably utilize any base flood elevation and floodway data available from a Federal, State,
or other source, including data developed pursuant to paragraph(b)(3) of this section, as criteria for requiring that
new construction, substantial improvements, or other development in Zone A on the community's FHBM or FIRM
meet the standards in paragraphs(c)(2),(c)(3),(c)(5),(c)(6),(c)(12),(c)(14),(d)(2)and(d)(3)of this section;
(5)Where base flood elevation data are utilized,within Zone A on the community's FHBM or FIRM:
`'
(i) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and
substantially improved structures,and
(ii) Obtain, if the structure has been floodproofed in accordance with paragraph (c)(3)(ii) of this section, the
elevation(in relation to mean sea level)to which the structure was floodproofed,and
(iii) Maintain a record of all such information with the official designated by the community under § 59.22
(a)(9)(iii);
(6)Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or
relocation of a watercourse,and submit copies of such notifications to the Federal Insurance Administrator; c,
(7)Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
(8) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be
installed using methods and practices which minimize flood damage. For the purposes of this requirement, 4-
manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
(c) When the Federal Insurance Administrator has provided a notice of final flood elevations for one or more special
flood hazard areas on the community's FIRM and, if appropriate, has designated other special flood hazard areas E
without base flood elevations on the community's FIRM,but has not identified a regulatory floodway or coastal high '
hazard area,the community shall:
(1)Require the standards of paragraph(b)of this section within all Al-30 zones,AE zones,A zones,AH zones, and U
AO zones,on the community's FIRM;
(2)Require that all new construction and substantial improvements of residential structures within Zones Al-30,AE
and AH zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base 2
flood level,unless the community is granted an exception by the Federal Insurance Administrator for the allowance
of basements in accordance with§ 60.6 (b)or(c); U
x
(3)Require that all new construction and substantial improvements of non-residential structures within Zones Al-30,
AE and AH zones on the community's firm(i) have the lowest floor(including basement) elevated to or above the 0
base flood level or,(ii)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 m
components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(4)Provide that where a non-residential structure is intended to be made watertight below the base flood level, (i) a s
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 cg
standards of practice for meeting the applicable provisions of paragraph(c)(3)(ii)or(c)(8)(ii)of this section, and(ii)
a record of such certificates which includes the specific elevation (in relation to mean sea level) to which such U
structures are floodproofed shall be maintained with the official designated by the community under §
59.22(a)(9)(iii);
(5)Require, for all new construction and substantial improvements,that fully enclosed areas below the lowest floor
that are usable solely for parking of vehicles,building access or storage in an area other than a basement and which
are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two
openings having a total net area of not less than one square inch for every square foot of enclosed area subject to
flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may
be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
(6)Require that manufactured homes that are placed or substantially improved within Zones Al-30,AH,and AE on W
the community's FIRM on sites U
(i)Outside of a manufactured home park or subdivision, U
(ii)In a new manufactured home park or subdivision,
(iii)In an expansion to an existing manufactured home park or subdivision,or co
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage"as the result of a flood,be elevated on a permanent foundation such that the lowest floor of
the manufactured home is elevated to or above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist floatation collapse and lateral movement.
(7) Require within any AO zone on the community's FIRM that all new construction and substantial improvements
of residential structures have the lowest floor(including basement)elevated above the highest adjacent grade at least
as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is
specified);
(8) Require within any AO zone on the community's FIRM that all new construction and substantial improvements
of nonresidential structures (i)have the lowest floor(including basement) elevated above the highest adjacent grade
I i
at least as high as the depth number specified in feet on the community's FIRM(at least two feet if no depth number
is specified), or(ii)together with attendant utility and sanitary facilities be completely floodproofed to that level to
meet the floodproofing standard specified in§ 60.3(c)(3)(ii);
(9) Require within any A99 zones on a community's FIRM the standards of paragraphs (a)(1)through(a)(4)(i) and
(b)(5)through(b)(9)of this section;
(10)Require until a regulatory floodway is designated,that no new construction, substantial improvements, or other
development(including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with all other existing and CD
anticipated development, will not increase the water surface elevation of the base flood more than one foot at any CD
N
point within the community. m
(11) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters 4-
around and away from proposed structures.
(12) Require that manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones A-1-30, AH, and AE on the community's FIRM that 6
are not subject to the provisions of paragraph(c)(6)of this section be elevated so that either
(i)The lowest floor of the manufactured home is at or above the base flood elevation,or E
(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to
an adequately anchored foundation system to resist floatation,collapse,and lateral movement.
(13)Notwithstanding any other provisions of§ 60.3, a community may approve certain development in Zones Al-
30, AE, and AH, on the community's FIRM which increase the water surface elevation of the base flood by more
than one foot,provided that the community first applies for a conditional FIRM revision,fulfills the requirements for 2
such a revision as established under the provisions of § 65.12, and receives the approval of the Federal Insurance
Administrator. x
(14)Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM
either
(i)Be on the site for fewer than 180 consecutive days,
(ii)Be fully licensed and ready for highway use,or >
(iii) Meet the permit requirements of paragraph (b)(1) of this section and the elevation and anchoring W
requirements for"manufactured homes"in paragraph(c)(6)of this section. s
A recreational vehicle is ready for highway use if it is on its wheels or jacking system,is attached to the site onlyCD
by quick disconnect type utilities and security devices,and has no permanently attached additions.
(d)When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al-30
and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A
zones on the community's FIRM, and has provided data from which the community shall designate its regulatory
floodway,the community shall: i
(1)Meet the requirements of paragraphs(c)(1)through(14)of this section; C
(2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood
more than one foot at any point; CD
(3) Prohibit encroachments, including fill, new construction, substantial improvements, and other development
within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood discharge; -
(4) Notwithstanding any other provisions of § 60.3, a community may permit encroachments within the adopted -
regulatory floodway that would result in an increase in base flood elevations, provided that the community first
applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established U
under the provisions of§ 65.12,and receives the approval of the Federal Insurance Administrator.
(e)When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al-30
and/or AE on the community's FIRM and, if appropriate, has designated AH zones, AO zones, A99 zones, and A CO
zones on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by x
LLJ
designating Zones V1-30,VE,and/or V,the community shall:
(1)Meet the requirements of paragraphs(c)(1)through(14)of this section;
(2)Within Zones V1-30,VE, and V on a community's FIRM, (i)obtain the elevation(in relation to mean sea level) E
of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and U
substantially improved structures, and whether or not such structures contain a basement, and (ii) maintain a record
of all such information with the official designated by the community under§ 59.22(a)(9)(iii);
(3)Provide that all new construction within Zones VI-30,VE, and V on the community's FIRM is located landward
of the reach of mean high tide;
`'
(4)Provide that all new construction and substantial improvements in Zones V1-30 and VE,and also Zone V if base
flood elevation data is available, on the community's FIRM, are elevated on pilings and columns so that (i) the
bottom of the lowest horizontal structural member of the lowest floor(excluding the pilings or columns) is elevated
to or above the base flood level; and (ii)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
used shall be those required by applicable State or local building standards. A registered professional engineer or
CD
architect shall develop or review the structural design, specifications and plans for the construction, and shall certify c,
that the design and methods of construction to be used are in accordance with accepted standards of practice for N
meeting the provisions of paragraphs(e)(4)(i)and(ii)of this section. a�
(5) Provide that all new construction and substantial improvements within Zones V1-30, VE, and V on the 4-
community's FIRM have the space below the lowest floor either free of obstruction or constructed with non-
supporting breakaway walls,open wood lattice-work,or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or 6
supporting foundation system. For the purposes of this section, a breakway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakway walls which exceed a E
design safe loading resistance of 20 pounds per square foot(either by design or when so required by local or State
codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed
meet the following conditions:
(i)Breakaway wall collapse shall result from a water load less than that which would occur during the base flood;
and,
(ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, 2
displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all
building components (structural and non-structural). Water loading values used shall be those associated with the
base flood.Wind loading values used shall be those required by applicable State or local building standards.
Such enclosed space shall be useable solely for parking of vehicles,building access,or storage.
(6) Prohibit the use of fill for structural support of buildings within Zones V1-30, VE, and V on the community's
FIRM;
(7) Prohibit man-made alteration of sand dunes and mangrove stands within Zones V1-30, VE, and V on the
community's FIRM which would increase potential flood damage. _
(8) Require that manufactured homes placed or substantially improved within Zones V1-30, V, and VE on the
community's FIRM on sites
(i)Outside of a manufactured home park or subdivision,
(ii)In a new manufactured home park or subdivision,
(iii)In an expansion to an existing manufactured home park or subdivision,or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred yi
"substantial damage" as the result of a flood, meet the standards of paragraphs (e)(2)through(7) of this section C
and that manufactured homes placed or substantially improved on other sites in an existing manufactured home
park or subdivision within Zones VI-30, V, and VE on the community's FIRM meet the requirements of
paragraph(c)(12)of this section. CD
(9) Require that recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM
either
(i)Be on the site for fewer than 180 consecutive days,
(ii)Be fully licensed and ready for highway use,or U_
(iii)Meet the requirements in paragraphs(b)(1)and(e)(2)through(7)of this section. -
A recreational vehicle is ready for highway use if it is on its wheels or jacking system,is attached to the site only
by quick disconnect type utilities and security devices,and has no permanently attached additions.
(f)When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al-30 U
or AE on the community's FIRM, and, if appropriate,has designated AH zones, AO zones, A99 zones, and A zones
on the community's FIRM, and has identified flood protection restoration areas by designating Zones AR, AR/A1-30, Co
AR/AE,AR/AH,AR/AO,or AR/A,the community shall:
(1)Meet the requirements of paragraphs(c)(1)through(14)and(d)(1)through(4)of this section.
(2)Adopt the official map or legal description of those areas within Zones AR, AR/A1-30, AR/AE, AR/AH, AR/A,
or AR/AO that are designated developed areas as defined in § 59.1 in accordance with the eligibility procedures
under§ 6514.
(3) For all new construction of structures in areas within Zone AR that are designated as developed areas and in
other areas within Zone AR where the AR flood depth is 5 feet or less:
(i)Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent
grade; and
(ii)Using this elevation,require the standards of paragraphs(c)(1)through(14)of this section.
I i
(4) For all new construction of structures in those areas within Zone AR that are not designated as developed areas
where the AR flood depth is greater than 5 feet:
(i)Determine the AR base flood elevation; and
(ii)Using that elevation require the standards of paragraphs(c)(1)through(14)of this section.
(5)For all new construction of structures in areas within Zone AR/A1-30,AR/AE,AR/AH,AR/AO,and AR/A:
(i)Determine the applicable elevation for Zone AR from paragraphs(a)(3)and(4)of this section;
(ii)Determine the base flood elevation or flood depth for the underlying Al-30,AE,AH,AO and A Zone; and
(iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this section require the standards of c,
paragraphs(c)(1)through(14)of this section.
(6)For all substantial improvements to existing construction within Zones AR/A1-30,AR/AE,AR/AH,AR/AO,and
AR/A: 4-
(i)Determine the Al-30 or AE,AH,AO,or A Zone base flood elevation; and
(ii)Using this elevation apply the requirements of paragraphs(c)(1)through(14)of this section.
(7)Notify the permit applicant that the area has been designated as an AR, AR/Al-30,AR/AE,AR/AH,AR/AO,or 6
AR/A Zone and whether the structure will be elevated or protected to or above the AR base flood elevation.
[41 FR 46975,Oct.26, 1976]
Editorial Note:
For Federal Register citations affecting§60.3,see the List of CFR Sections Affected,which appears in the Finding Aids section of the
printed volume and at www.govinfo.gov.
X
CJ
I
4-
0
0
tJ
Exhibit 9
BUILDING PLANNING
1 5. If swinging or horizontally sliding hoistway R322.1.3 Flood-resistant construction. Buildings and
doors and manual horizontally sliding car doors structures erected in areas prone to flooding shall be con-
are used and both doors are in the fully closed structed by methods and practices that minimize flood
position, the space between the swinging or damage. .�
horizontally sliding hoistway door and the man- R322.1.4 Establishing the design flood elevation. The
1 ua1 horizontally sliding car doors must reject a design flood elevation shall be used to define flood hazard
4-inch-diameter sphere at all points. areas. At a minimum, the design flood elevation shall be
Exception: As an alternative to compliance with Sec- the higher of the following: N
1 tion R321.4.1, Items 2 through 5, a permanent installa- 1. The base flood elevation at the depth of peak eleva- a�
tion of a nonremovable, hoistway door space guard is tion of flooding, including wave height, that has a 1
allowed. The doors ace guard must be designed and
� p g g percent (100-year flood) or greater chance of being �
installed to withstand a force of 75 pounds applied hor- equaled or exceeded in any given year; or
1 izontally using a 4-inch-diameter sphere at any location 2. The elevation of the design flood associated with the
within the folds on the car door without permanent area designated on a flood hazard map adopted by O
deformation. the community, or otherwise legally designated. E
2
R321.4.2 During normal operation, the elevator controller R322.1.4.1 Determination of design flood elevations.
must monitor the closed and locked contacts of the hoist- If design flood elevations are not specified,the building
way door locking device, whether electrical or mechani- official is authorized to require the applicant to comply
cal. If the closed and locked contacts of the landing locks with either of the following:
are open while the car is not in the unlocking zone for the
hoistway door locking device,the elevator controller must 1. Obtain and reasonably use data available from a
interrupt power to the motor and brake and must not allow federal,state or other source;or
the elevator car to restart until the owner or the owner's 2. Determine the design flood elevation in accor- x
agent,with a master elevator key,has checked for obstruc- dance with accepted hydrologic and hydraulic r_
1 tions above and below the elevator car,returned the hoist- engineering practices used to define special flood o
way door locking device contacts to the normal operating hazard areas.Determinations shall be undertaken
position, and manually reset the elevator controller with by a registered design professional who shall
the master elevator key. Additionally, a visual indicator document that the technical methods used reflect
must be visible at all landings until the hoistway door currently accepted engineering practice. Studies,
locking device has been returned to the normal operating analyses and computations shall be submitted in
position and the elevator controller has been manually sufficient detail to allow thorough review and o
reset. approval.
R322.1.4.2 Determination of impacts. In riverine
flood hazard areas where design flood elevations are
SECTION R322 specified but floodways have not been designated, the O
FLOOD-RESISTANT CONSTRUCTION applicant shall demonstrate that the effect of the pro-
R322.1 General. Buildings and structures constructed in posed buildings and structures on design flood eleva- M
whole or in part in flood hazard areas, including A or V tions,including fill,when combined with other existing T)
Zones and Coastal A Zones, as established in Table and anticipated flood hazard area encroachments, will W
R301.2(1), and substantial improvement and restoration of not increase the design flood elevation more than 1 foot
substantial damage of buildings and structures in flood haz- (305 mm) at any point within the jurisdiction.
and areas, shall be designed and constructed in accordance R322.1.5 Lowest floor.The lowest floor shall be the low-
with the provisions contained in this section. Buildings and est floor of the lowest enclosed area, including basement, U�
structures that are located in more than one flood hazard area and excluding any unfinished flood-resistant enclosure that op
shall comply with the provisions associated with the most is useable solely for vehicle parking,building access or lim- U_
restrictive flood hazard area.Buildings and structures located ited storage provided that such enclosure is not built so as to
in whole or in part in identified floodways shall be designed render the building or structure in violation of this section. I j
and constructed in accordance with ASCE 24. R322.1.6 Protection of mechanical,plumbing and elec-
R322.1.1 Alternative provisions.As an alternative to the trical systems.Electrical systems, equipment and compo-
requirements in Section R322, ASCE 24 is permitted sub- nents; heating, ventilating, air conditioning; plumbing
ject to the limitations of this code and the limitations appliances and plumbing fixtures; duct systems; and other M
therein. service equipment shall be located at or above the eleva- et
tion required in Section R322.2 or R3223. If replaced as
R322.1.2 Structural systems.Structural systems of build- part of a substantial improvement, electrical systems,
ings and structures shall be designed, connected and equipment and components;heating,ventilating,air condi-
anchored to resist flotation, collapse or permanent lateral tioning and plumbing appliances and plumbing fixtures;
movement due to structural loads and stresses from flood- duct systems; and other service equipment shall meet the
ing equal to the design flood elevation. requirements of this section. Systems, fixtures, and equip-
70 FLORIDA BUILDING CODE—RESIDENTIAL,6th ED Packet P 2564
Copy gl t za t 7 1C C ALL RICH IS RESERVED.Accessed by Joho Peterson on Sep 21,2017 s 1 rs 1 AM p ant to L e nse Agreement r g'
distribution aothon,ed.ANY UNAU I HORIZED REPRODUC I ION OR DIS IR1BU I ION 1S A VIOLA I lON OP I HE PLllERAL COPYRIGHT ACI AND IHE L1CLNSE
AGREEMENT',ANll SUBJECT"I'O CIVIL AND CRIMINAL PENAL'I'IES'I'HEREUNDER.
BUILDING PLANNING
meet and components shall not be mounted on or penetrate constructed in whole or in part in flood hazard areas shall be
through walls intended to break away under flood loads. designed and constructed in accordance with Sections
Exception: Locating electrical systems, equipment and R322.2.1 through R322.23.
components; heating, ventilating, air conditioning; R322.2.1 Elevation requirements.
plumbing appliances and plumbing fixtures; duct sys- 1. Buildings and structures in flood hazard areas,
tems; and other service equipment is permitted below including flood hazard areas designated as Coastal
the elevation required in Section R322.2 or R3223 pro- A Zones, shall have the lowest floors elevated to or N
vided that they are designed and installed to prevent above the base flood elevation plus 1 foot(305 mm), N
water from entering or accumulating within the compo- or the design flood elevation, whichever is higher. a)
nents and to resist hydrostatic and hydrodynamic loads
and stresses, including the effects of buoyancy, during 2. In areas of shallow flooding (AO Zones), buildings
the occurrence of flooding to the design flood elevation and structures shall have the lowest floor (including
in accordance with ASCE 24.Electrical wiring systems basement) elevated to a height above the highest
are permitted to be located below the required elevation adjacent grade of not less than the depth number >
provided that they conform to the provisions of the specified in feet(mm) on the FIRM plus 1 foot(305 0
electrical part of this code for wet locations. mm), or not less than 3 feet (915 mm) if a depth
R322.1.7 Protection of water supply and sanitary sew- number is not specified.
age systems. New and replacement water supply systems 3. Basement floors that are below grade on all sides
shall be designed to minimize or eliminate infiltration of shall be elevated to or above base flood elevation iB
flood waters into the systems in accordance with the plus 1 foot(305 mm), or the design flood elevation, �--
plumbing provisions of this code. New and replacement whichever is higher.
sanitary sewage systems shall be designed to minimize or Exception: Enclosed areas below the design flood ele-
eliminate infiltration of floodwaters into systems and dis- vation, including basements with floors that are not U
charges from systems into floodwaters in accordance with below grade on all sides,shall meet the requirements of w
the plumbing provisions of this code and in accordance Section R322.2.2. r_
with Chapter 64E-6, Florida Administrative Code, Stan-
dards for Onsite Sewage Treatment and Disposal Systems. R322.2.2 Enclosed area below design flood elevation.
Enclosed areas,including crawl spaces, that are below the T
R322.1.8 Flood-resistant materials. Building materials design flood elevation shall:
and installation methods used for flooring and interior and s
exterior walls and wall coverings below the elevation 1. Be used solely for parking of vehicles, building
required in Section R322.2 or R3223 shall be flood dam- access or storage.
age-resistant materials that conform to the provisions of 2. Be provided with flood openings that meet the fol-
FEMA TB-2. lowing criteria and are installed in accordance with
R322.1.9 Manufactured homes. In addition to the appli-
Section R322.2.2.1:
cable requirements of the state agency with jurisdiction 2.1. The total net area of non-engineered open- O
over installation of manufactured homes, installation of ings shall be not less than 1 square inch (645
1 manufactured homes in flood hazard areas is subject to the mm2) for each square foot (0.093 m2) of
applicable provisions of the local floodplain management enclosed area where the enclosed area is
ordinance. measured on the exterior of the enclosure in
R322.1.10 As-built elevation documentation. A regis- walls, or the openings shall be designed as w
tered design professional shall prepare and seal documen- engineered openings and the construction -0
tation of the elevations specified in Section R322.2 or documents shall include a statement by a O
R3223. registered design professional that the design U:
of the openings will provide for equalization
R322.1.11 Structures seaward of a coastal control con- of hydrostatic flood forces on exterior walls
struction line.In addition to the requirements of this sec- by allowing for the automatic entry and exit
tion, structures located in flood hazard areas and seaward of floodwaters as specified in Section 2.7.2.2
1 of the coastal construction line shall be designed to resist of ASCE 24.
the predicted forces of a 100-year storm event in accor- 2.2. Openings shall be not less than 3 inches (76
dance with Section R3109 of the Florida Building Code,
Building, and the more restrictive provisions shall govern. mm)in any direction in the plane of the wall. E
screens and u blades louvers,
presence of lo The 3. p uv , ,
R322.2 Flood hazard areas(including A Zones).Areas that 2. �
have been determined to be prone to flooding and that are not faceplates or other covers and devices shall et
subject to high-velocity wave action shall be designated as allow the automatic flow of floodwater into
flood hazard areas. Flood hazard areas that have been delin- and out of the enclosed areas and shall be
eated as subject to wave heights between 11/2 feet (457 mm) accounted for in the determination of the net
and 3 feet (914 mm) or otherwise designated by the jurisdic- open area.
tion shall be designated as Coastal A Zones and are subject to R322.2.2.1 Installation of openings. The walls of
the requirements of Section R3223. Buildings and structures enclosed areas shall have openings installed such that:
FLORIDA BUILDING CODE—RESIDENTIAL,6th EDITION(2017) Packet P 2565
Copy gl t za t 7 1C C ALL RICH IS RESERVED.Accessed by Joho Peterson on Sep 21,2017 s 1 rs 1 AM p ant to L e roe Agreement r J'
distribution authoirced.ANY UNAUI'HOR1LED REPRODUC I ION OR DIS IR1BU I ION 1S A VIOLA RON OP I HE PLllERAL COPYRIGH I ACI AND IHE L1CLNSE
AGREEMENT',ANll SUBJECT"I'O CIVIL AND CRIMINAL PENAL'I'IES'I'HEREUNDER.
BUILDING PLANNING
1. There shall be not less than two openings on dif- design flood elevation more than 1 foot (305 mm) at
ferent sides of each enclosed area; if a building any point within the jurisdiction.
has more than one enclosed area below the design R322.3 Coastal high-hazard areas(including V Zones and
flood elevation,each area shall have openings. Coastal A Zones, where designated). Areas that have been
2. The bottom of each opening shall be not more determined to be subject to wave heights in excess of 3 feet
than 1 foot (305 mm) above the higher of the (914 mm) or subject to high-velocity wave action or wave-
final interior grade or floor and the finished exte- induced erosion shall be designated as coastal high-hazard
rior grade immediately under each opening. areas.Flood hazard areas that have been designated as subject CD
N
to wave heights between 11/2 feet (457 mm) and 3 feet (914 N
3. Openings shall be permitted to be installed in mm) or otherwise designated by the jurisdiction shall be des-
doors and windows; doors and windows without ignated as Coastal A Zones. Buildings and structures con-
installed openings do not meet the requirements structed in whole or in part in coastal high-hazard areas and
of this section.
coastal A Zones,where designated,shall be designed and con-
R322.2.3 Foundation design and construction.Founda- structed in accordance with Sections R3223.1 through
tion walls for buildings and structures erected in flood haz- R3223.7. O
and areas shall meet the requirements of Chapter 4. R322.3.1 Location and site preparation.
Exception: Unless designed in accordance with Sec- 1. New buildings and buildings that are determined to
tion R404: be substantially improved pursuant to the Florida
1. The unsupported height of 6-inch(152 mm)plain Building Code, Existing Building shall be located
masonry walls shall be not more than 3 feet(914 landward of the reach of mean high tide.
mm). 2. For any alteration of sand dunes and mangrove
0.
2. The unsupported height of 8-inch(203 mm)plain stands, the building official shall require submission U
masonry walls shall be not more than 4 feet(1219 of an engineering analysis that demonstrates that the X
mm). proposed alteration will not increase the potential
for flood damage. g
3. The unsupported height of 8-inch(203 mm)rein-
forced masonry walls shall be not more than 8 R322.3.2 Elevation requirements.
feet(2438 mm). 1. Buildings and structures erected within coastal high-
hazard areas and Coastal A Zones, shall be elevated
For the purpose of this exception,unsupported height is
s
the distance from the finished grade of the under-floor so that the bottom of the lowest horizontal structural �--
members supporting the lowest floor, with the
space to the top of the wall. o
exception of piling,pile caps,columns,grade beams
R322.2.4 Tanks.Underground tanks shall be anchored to and bracing, is elevated to or above the base flood
prevent flotation, collapse and lateral movement under elevation plus 1 foot (305 mm) or the design flood
conditions of the base flood. Above-ground tanks shall be elevation,whichever is higher.
installed at or above the elevation required in Section 2. Basement floors that are below grade on all sides
R322.2.1 or shall be anchored to prevent flotation, col- are prohibited.
lapse and lateral movement under conditions of the base
flood. 3. The use of fill for structural support is prohibited.
R322.2.5 Pools in flood hazard areas. Pools that are 4. Minor grading, and the placement of minor quanti-
located in flood hazard areas established by Table ties of fill, shall be permitted for landscaping and for ��
R301.2(1), including above-ground pools, on-ground drainage purposes under and around buildings and o
pools, and in-ground pools that involve placement of fill, for support of parking slabs, pool decks, patios and
shall comply with Section R322.2.5.1 or R322.2.5.2. walkways.
1 Exception: Pools located in riverine flood hazard areas 5. Walls and partitions enclosing areas below the U_
1 which are outside of designated floodways. design flood elevation shall meet the requirements a+
of Sections R3223.4 and R3223.5.
R322.2.5.1 Pools located in designated floodways. R322.3.3 Foundations.Buildings and structures erected in
1 Where pools are located in designated floodways, doc- coastal high-hazard areas and Coastal A Zones shall be sup- r_
umentation shall be submitted to the building official, ported on pilings or columns and shall be adequately E
which demonstrates that the construction of the pool
will not increase the design flood elevation at any point anchored to such pilings or columns. The space below the
within the jurisdiction. elevated building shall be either free of obstruction or, if
enclosed with walls,the walls shall meet the requirements
R322.2.5.2 Pools located where floodways have not of Section R3223.4.Pilings shall have adequate soil pene-
been designated. Where pools are located in riverine trations to resist the combined wave and wind loads(lateral
flood hazard areas where design flood elevations are and uplift).Water-loading values used shall be those asso-
specified but floodways have not been designated, the ciated with the design flood. Wind-loading values shall be
applicant shall provide a floodway analysis that demon- those required by this code. Pile embedment shall include
strates that the proposed pool will not increase the consideration of decreased resistance capacity caused by
72 FLORIDA BUILDING CODE—RESIDENTIAL,6th ED Packet P 256�
Copy gl t za t 7 1C C ALL RICH IS RESERVED.Accessed by Joho Peterson on Sep 21,2017 s 1 rs 1 AM p ant to L e nse Agreement r g'
distribution authon,ed.ANY UNAU I HORIZED REPRODUC I ION OR DIS IR1BU I ION 1S A VIOLA I lON OP I HE PLllERAL COPYRIGHT ACI AND IHE L1CLNSE
AGREEMENT',ANll SUBJECT"I'O CIVIL AND CRIMINAL PENAL'I'IES'I'HEREUNDER.
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0.4.1
3-11-20
r�.
Ms. Santamaria, I received the detailed information you sent me last week. Thank you for
taking the time to respond to my 2/28/20 email to the five Monroe County Commissioners,
which apparently was forwarded to you by Mr. Cates, and for speaking with me. Your email
affirms that the BOCC was voting on whether to eliminate the ability to place as well as replace
any manufactured/mobile home in URM-L communities below base flood elevation, on 36"
piers, not just on the question of replacement below BFE of damaged homes. Although you
wrote that "the manufactured/mobile homes within the eight (8) existing URM-L designated
manufactured/mobile home parks would be required to elevate above current requirements
upon replacement", which leaves in question whether new, not-replacement homes placed on
vacant lots in URM-L areas would retain the elevation exception, my understanding in reading
the other information you sent, including the proposed text changes, is that they would not. I
think it's critical to clarify, particularly to URM-L communities, what is actually being proposed
with these potential code amendments, and the far-reaching effects such would likely have on
our URM-L communities if adopted, and to notify owners of URM-L properties via letter of this.
I have been carefully reviewing the extensive information you sent. It appears that Monroe
County is intending with these changes to remove the critical designation of"existing
manufactured home park" that applies to our URM-L communities. NOTE: In 1990, the Director
of Growth Management wrote a letter to the Planning Commission regarding the recent
creation of the URM-L district. He wrote that the URM zoning district provided as of right the
construction of single family dwellings, and that this was "directly in conflict with the FEMA
rules on pure manufactured parks and the 36" provision," and that "if the intrusion of single LO
family dwellings was to be allowed into manufactured home parks, then the manufactured CL
homes would be required to be built to or above the base flood elevation." In order to resolve
this problem, the URM-L district was created.This was an alternative that "was intended to
minimize the adverse economic impacts on the manufactured home community while at the
same time substantially achieved the NFIP objectives of reducing loss of life and property. The y
rule which was developed was basically 'grandfathering in' existing pure mobile home parks
and subdivisions. It allowed for the placement and substantial improvement of mobile homes
within pure parks at 36 inches above grade or flood elevation, whichever is lowest. However,
manufactured homes placed or substantially improved on sites in an existing manufactured
home park or subdivision on which a manufactured home has incurred substantial damage as
the result of a flood, would now be required to elevate to or above the base flood elevation."
Per the above, our existing URM-L pure mobile home parks are "grandfathered in". Doesn't c
this provide our existing URM-L communities with some protections regarding attempts to
impose drastic changes to this unique land use designation? If these amendments are adopted
and the intrusion of single family dwellings into URM-L communities is allowed and placement CL
of any mobile homes at 36" inches above grade or flood elevation is disallowed, does it not
invalidate the purpose, not simply "amend the purpose", for the existence of this zoning
category? It appears that if these amendments are adopted, our URM-L communities will no
Packet Pg. 2568
0.4.1
longer be termed "existing" and Monroe County will remove our"grandfathered in" status,
changes which I had not known could take place.
The current code sec 122-4(b)(4) states, "In the event that the Federal Emergency Management `V
Agency eliminates the existing manufactured/mobile home park or subdivision requirement of
44CFR 60.3(e)(12) then no manufactured home may be placed below the base flood elevation."
Although to my knowledge FEMA hasn't eliminated the above, staff proposes to strike this
sentence and the rest of the text in the section, making this defining provision an irrelevant
one, in order to allow the proposed amendment.
In the 2/19/20 memo report to DRC and Ms. Schemper, the chart which details homes within
701 Spanish Main Drive—which is Venture Out, a large, long-standing (celebrating our 501"
Anniversary this weekend) existingURM-L community—only numbers existing mobile homes
and does not include a count of RV's, and I don't see specification on the V.O. plat exhibit of
which lots without mobile homes meet the criteria for being contiguous to and surrounded by
homes not at BFE. Of the 659 V.O. properties, per these exhibits, 424 lots are reportedly
occupied by mobile homes, and (if I understand it correctly) the chart shows that 41 of these
would likely be allowed to be replaced by homes on 36" piers under the present code?This
count does not include reference to the other 235 lots, presumably the ones without mobile >
homes, some which appear to meet the criteria to build on 36"piers. Some V.O. lots (over 100?)
have never had a permanent building. With the current code, if such lots meet the criteria for
being contiguous to and surrounded by homes at or below BFE, it appears that homes on 36"
piers could potentially be placed on them. Inclusion of these lots in the chart would raise the
count of homes which could possibly be built on 36" piers under the current code, and which LO
would presumably lose their ability to do so with the code amendments proposed by staff. CL
It should be noted that if both "high-rise" and "mid-rise" homes continue to be allowed to be
built, the dominos could fall either way, back and forth.
You wrote, "Currently, the County Code allows for the substantial improvement and y
replacement of manufactured/mobile homes in URM-L zoned manufactured/mobile home
parks, to be placed at 36 inches above grade, if the unit meets the criteria of section 122-4(b)4)1
regardless of flood risk, unless the manufactured/mobile homes are substantially damaged by
flooding." And that the home must be contiguous to and surrounded by other mobile homes
not at base flood elevation. The DRC reports says, "Allowing mobile homes to be built back on
36" piers, below the minimum flood elevation does not meet the Class 4 prerequisites."
But there are various references in reports you sent regarding current code and proposed code E
changes that speak not only of"building back" or "replacing" homes, but of"placing" homes,
0
(new homes on never-built-on lots). It seems to me that the amendment could be written to
only prohibit the replacement of substantially flood-damaged and other substantially damaged
homes below BFE (which is what seemed to be the proposal that was presented verbally on CL
2/19/20 to the BOCC) and to continue to allow the improvement and replacement of non-
substantially damaged homes as well as the placement of new (non-replacement) homes below
BFE, provided that lots are contiguous to and surrounded by homes also below BFE.
Packet Pg. 2569
0.4.1
I realize staff has done a great deal of work regarding this issue. If I understand it correctly, the
county could meet some prerequisites for a better CRS rating without removing our option to
build homes below BFE on URM-L lots which have not had substantially damaged homes.
Might it not be possible to make sufficient progress towards achieving an improved rating while
formulating a less drastic code change? I think there could be a more viable, more moderate,
and more fair option such as the above, which could retain the definition of"existing" in the
designation of our unique and valued URM-L communities, and retain much of the character of
such communities, while still making progress towards better flood protection,
without removing the right to build below BFE and without essentially trying to hold URM-L
communities responsible for whether or not the desired Class 4 Rating is achieved, something 2
which is reportedly not guaranteed even with staff's proposed amendment. Such an option
would help make it possible for elderly residents and disabled residents as well as low income
residents to continue to live in these unique communities in which we have our own
social/recreational areas and supports, in homes that only require a few easy, safe steps up to
the door, and to continue to have the option to build more economically, as originally set up by
the creation of URM-L, by protecting the long-standing option inherent in URM-L that allows
property owners meeting specific criteria to retain their right to place homes below BFE.
c
I believe the LDC can retain language that allows some houses within our existing URM-L
communities to be placed below BFE, keeping the specification that such homes must be
contiguous and surrounded by other homes below BFE, and amending text in order to say that
homes may not be replaced below BFE on lots which have had homes that were substantially
damaged by flood or other damage.
LO
i
I would like to note that page 10 of the report to DRC says, "In no event shall an amendment be CL
approved which will result in an adverse community change to the planning area in which the
proposed development is located or to any area in accordance with a Liveable CommuniKeys
master plan pursuant to findings of the Board of County Commissioners." Speaking as an
individual property owner/resident of Venture Out, I believe that the County's proposed y
LDC amendments as written would result in some adverse community change, and thus would
not enhance public health and welfare for some of the residents of our community.
-Jewel King
Lot 628, Venture Out
0
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2
CL
Packet Pg. 2570
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