Item S1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: Julv 26.2000
DIVISION: Growth Manaaement
BULK ITEM: YES:
NO-1L
DEPARTMENT:
Buildina
AGENDA ITEM: A public hearing to adopt an ordinance amending the County Floodplain Management
Regulations,Section 9.5-315 through 9.5-317 of the Monroe County Code.
ITEM BACKGROUND: The 1998 Florida Legislature amended Section 161.54, Florida Statutes to redefine
the tenn .Substantiallmprovemene. The cumulative requirement has been deleted and the amendment
supports the minimum requirements set forth in the 44CFR for continued participation in the National Flood
Insurance Program. Additionally more detail in the fonn of a deed restriction being added to the
requirements will allow the prescriptive no finish remedy of the past to be replaced while insuring the
enforcement provision of 44CFR section 59.24(c) is upheld. The Planning Commission recommends
approval of the amendments to the Floodplain Regulations. The Growth Management Division staff
recommends minor revisions to the amendments recommended by the Planning Commission.
PREVIOUS RELEVANT BOCC ACTION:
beginning at 5:01 PM.
June 15,2000 this item was continued to July 26, 2000
STAFF RECOMMENDATION: Approval with staff recommended revisions.
TOTAL COST
o
BUDGETED Yes_ No .lL
COST TO COUNTY 0
REVENUE PRODUCING Yes:
No-L
AMOUNT PER MONTH 0
PER YEAR
APPROVED BY: COUNTY ATTORNEY
DEPARTMENT DIRECTOR APPROVAL:
o
OM. B./PURCHA~ ~A RISK MANAGEMENT
~. /~~
J Paskalik
B g Official
NA
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included -X-
To follow
Not Required _
DISPOSITION:
AGENDA ITEM #_
'..SI
PROPOSED Tt:XT AMENDMENTS
TO COUNTY FLOOD PLAIN REGULATIONS
SECTIONS 9.5-316,9.5-317, AND 9.5-318(NEW)
OF THE MONROE COUNTY CODE
AMENDMENTS ARE PROPOSED TO THE MONROE COUNTY CODE
TO CONSOLIDATE REGULATIONS FOR FLOOD PLAIN
MANAGEMENT, CLARIFY EXISTING LANGUAGE, INCORPORATE
MOST RECENT FEMA POLICIES FOR FLOOD PLAIN MANAGEMENT,
ELIMINATE CUMULATIVE COST REQUIREMENT IN CALCULATION
OF 50 PERCENT RULE, AND TO ALLOW FOR FINISHNING OF
INCREASED AMOUNT OF FLOOR AREA IN DOWNSTAIRS
ENCLOSURES
Development Review Committee
Planning Commission
Growth Management Division Staff
Approval
Approval
Approval
#P40-00
April 20, 2000
May 24, 2000
May 26, 2000
County of Monroe
Growth ManalZement Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
Board of County Commissioners
Mayor Shirley Freeman, Dist. 3
Mayor Pro Tern, George Neugent, Dist. 2
Commissioner Wilhelmina Harvey, Dist. I
Commissioner Mary Kay Reich, Dist. 5
Commissioner Nora Williams, Dist. 4
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Timothy J, McGarry, AICP alA
Director of Growth Manage1fett
DATE:
July 10, 2000
SUBJECT:
Proposed Amendments to Floodplain Management Regulations:
Chapter 9.5, Article VII, Division 6, Monroe County Code [Revised
Memorandum]
Overview
The Board of County Commissioners is being asked to consider adopting an ordinance amending
the County's floodplain management regulations. The proposed amendments to the County's
floodplain management regulations have been recommended by the Planning Commission.
This memorandum also addresses issues brought up by the Board of County Commissioners at
the first public hearing on the proposed held on June 15, 2000. It also provides an information
packet, as Attachment 1, on the impacts of the proposed amendments to the flood plain
regulations to the County's score under the National Flood Insurance Program's Community
Rating System. [This information packet was provided on the County's website and made
available to the public through announcements on local radio stations and in general circulation
newspapers.]
General Policy Approach
After holding four public workshops and based on the testimony and input of the public, the
Planning Commission and Growth Management Division staff reached the conclusion that the
County should only meet the minimum regulatory requirements to maintain its status in the
National Flood Insurance Program and compliance with the requirements of Chapter 161, Florida
Statutes. To make the regulations stricter than the minimum required was not considered worth
the potential savings in insurance premiums (estimated at approximately $80 or more per policy)
that could be achieved once the County is fully restored to the Community Rating System.
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With that said, it should be emphasized that although the proposed regulations would be less
stringent than the existing regulations, it will not necessarily have substantive negative impact on
the County's score under the Community Rating System. As shown in Table 1 of the attached
information packet, the County's score would fall from 1,004 points (Class 8/10 percent discount)
to 914 points (Class 9/ 5 percent discount). However, with very little effort, the County Growth
Management Division believes that can easily recover the lost points by completing activities
already underway or completed that will result in an overall score of 1,323 points (10 percent
discount).
It was further acknowledged that less strict standards would probably increase the amount of
improved property placed at risk; however, the responsibility for increased risk to property values
rested primarily with individual property owners and not the public at large. Although owners of
pre-FIRM homes (prior to Monroe County participation in the National Flood Insurance Program),
will be the primary beneficiaries of these changes, owners of post-firm residences will not be
impacted by any additional costs in terms of insurance costs. Therefore, the benefits of more
stringent regulations are outweighed by the interests of individual owners to enjoy and use their
property,
Although, the Monroe County Growth Management Division staff believes that insurance savings
and the minimization of flood hazards in terms of their impact on real property are important public
policy objectives, the staff believes that to maximize the attainment of such objectives would
require far more stringent regulations providing little tangible benefit to individual property owners.
In fact, the public believes that stringent flood plain regulations only deny them use of their
property with little benefit in the form of reduced insurance rates.
Unless federal and state regulations are changed, relaxing the County's floodplain regulations will
not result in increased flood insurance costs for property owners of conforming structures. In fact
as shown in a preceding paragraph, once the County is restored to the Community Rating
System, in all likelihood the County will easily obtain at least a Class 8 rating, which is the
same rating it had before being dropped from the Program.
Furthermore, regulations with standards higher than minimally required by FEMA and Chapter
161, Florida Statutes, particularly the "cumulative" cost requirements as applied to the 50 percent
rule contained in the current floodplain regulations, result in higher administrative costs for the
processing and reviewing of building permit applications and records keeping. Lessening these
requirements will result in a reduction of permit approval times and administrative costs,
Therefore, the Planning Commission and Growth Management Division staff are recommending
an approach that keeps regulations at the minimum standards necessary to maintain the County's
participation in the National Flood Insurance Program, Both the Planning Commission and
Division staff believe that in implementation of this approach requires that safeguards be provided
in the regulations to ensure properties are maintained in compliance with the regulations,
Issues
At the public hearing on June 15, 2000, three issues were raised that the Board requested the
staff investigate, which are discussed in following sections:
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2
Determination of Market Value
A concern was raised by the Board concerning the determination of "market value," The Board
was concerned that individuals were using appraisals in making repairs and improvements to
structures prepared by professional real estate appraisers that were hard to justify, The staff
acknowledges that these appraisals have caused problems and suggests the use of an alternative
approach.
The staff proposes additional amending language, shown in bold in Attachment 2, that requires
"market value" to be based on the Monroe County Property Appraiser's depreciated value of the
structure plus 20 percent. Due to limitations on total reliance on the County Appraiser's records,
however, the alternative market approach must still be made available to property owners.
The staff suggests that the cost approach appraisal option still be made available; however, any
such appraisal must be approved by the independent Construction Board of Adjustment and
Appeals. This Board has representatives from the building and construction industry who are very
knowledgeable about building costs. [This body, which consists of the Contractors Examining
Board, plus one architect, one engineer, and a second alternate member, hears appeals of the
building official's decisions and interpretations concerning the technical building codes, Section 6-
16.4 of the Monroe County Code will have to be amended to incorporate this additional duty for
the Board.]
Substitute Language for Below Base Flood
At the public hearing, a real estate agent requested that the words "base flood elevation" be
substituted for the words "an elevated building" in Section 9,5-317 (b)(1)(iv) which reads as
follows: "enclosed areas below an elevated building must be void of utilities and cannot be
temperature controlled," The proposed language is deceptive and could easily lead to violations
of minimum standards, Language in the ordinance already allows for necessary electrical and
utilities below base flood elevation, but does not allow for such utilities if they don't require location
below the elevated building,
The Growth Management Division staff strongly recommends against the proposal.
Higher Insurance Discounts
The Board of County Commissioners expressed concern about the loss of potential insurance
savings with the "minimal" regulatory approach proposed in the new ordinance. However, as
discussed previously, in all likelihood County property owners will receive at least a 10 percent
discount on their floodplain insurance, once the County is back in the Community Rating System.
As shown in Table 2 of the Attached Information Packet, additional points could be garnered that
may allow the County to achieve a Class 7 (15% discount), but to achieve this rating would require
more strict regulations, such as increasing the minimum elevation of structures three feet above
the base flood ("freeboard"). To achieve a Class rating 6 or above (discounts of 20% or more)
would require even more stringent regulations and the implementation of the intervention
programs by the County, such as the retrofitting or relocation of structures in the floodplain.
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3
Additional Proposed Staff Revisions
Since recommendation of the draft ordinance by the Planning Commission, the Growth
Management Division staff has identified two further minor revisions to better clarify the proposed
regulations.
In Attachment 3, the staff recommends adding language to Section 9,5-317 (b)(1)(iii) (shown in
bold) that requires the class 5 exterior finish to be completed in accordance with FEMA Technical
Bulletin 2-93. The staff is concerned that the public may be mislead about what constitutes
"finished" walls, ceilings, and floors and how these areas may be used. This specific language
will help avoid any potential problems in applying and interpreting the ordinance.
In Attachment 4, the staff recommends inserting a subsection 0) under Section 9.5-316.2 that
provides a definition of what constitutes "finishing materials." This additional language (shown in
bold) was suggested by the Federal Emergency Management Agency,
Summary of Major Recommendations
The proposed amendments consolidate floodplain management regulations from other sections of
the Land Development Regulations, incorporate new Federal Emergency Management Agency
policies, improve the organization of the regulations, and include two significant changes to the
current regulations. These two significant changes are as follows:
· All references to "cumulative" substantial improvement have been deleted. Under
the proposed regulations, the "50 percent" threshold of the market value of a
structure will now be calculated at that point in time prior to improvement or repair
of the structure or prior to the structure being damaged. Whether or not previous
improvements have, been made to the structure will not be considered in
determining if this threshold is met. Structures that are non-conforming as to the
flood plain regulations will be able to incrementally add improvements beyond the
initial "50 percent" figure due to the increasing market value of the structure;
however, in the event of substantial storm damage they will still be required to
come into compliance.
· Regulations prohibiting finished walls, ceilings, and floors below base flood
elevation have been relaxed to allow finished surfaces in areas without entryways
and areas greater than 300 square feet provided that a deed restriction is placed
on the structure, The existing regulations only allow finished surfaces in
enclosures of 300 square feet or less and only if used for entryways, In "relaxing"
these regulations, the Growth Management Division staff strongly believes
provisions must be placed in the ordinance to ensure that the downstairs space
does not become used for habitable purposes, as occurred in the past leading to
the County almost losing its eligibility under the National Flood Insurance Program.
A deed restriction would permit the County to enforce the prohibition against use of
this enclosed area for habitation. Furthermore, a deed restriction would also
ensure that future owners of the property are aware of the prohibition against the
use of the downstairs enclosure for habitation.
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4
Consistency with Applicable Federal, State, and Local Regulations and Policies
The Growth Management Division staff finds that the proposed amendments are consistent with
Title 44 Code of Federal Regulations, Parts 59 and 60, Sections 161.52 through 161.58, Florida
Statutes, Section 380.0552(7), Florida Statutes ("Principles for Guiding Development"), and
Monroe County Year 2010 Comprehensive Plan.
Recommendation
The Growth Management Division staff recommends approval of the proposed amended County
floodplain management regulations with staff proposed amendments in Attachment 2, 3, and 4.
Attachment 1: Information Brochure
Attachment 2: Proposed Revision for Determination of "Market Value"
Attachment 3: Proposed Revision Incorporating FEMA Guidance on Finished Areas
Attachment 4: Proposed Revision Defining Finishing Materials
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5
ATTACHMENT 1
County of Monroe
INFORMATION PACKET OF THE IMPACTS OF THE
PROPOSED AMENDEMENTS TO THE MONROE COUNTY
FLOODPLAIN MANAGEMENT ORDINANCE ON THE
COMMUNITY RATING SYSTEM
MAJOR PROPOSED AMENDMENTS AND THE AFFECT ON THE
COMMUNITY RATING SYSTEM
The following three major proposed amendments to the Monroe County
Floodplain Management Ordinance will be considered by the Board of
County Commissioners at the July 26, 2000 public hearing to be held at the
Key West Harvey Governmental Center beginning at 5:01PM.
I. Deletion of the cumulative nonsubstantial imorovement reauirment.
Monroe County previously received 90 points in the Community Rating
System for implementing a cumulative nonsubstantial improvement
requirement over the life of a structure. Deleting this requirement and
amending the code to be the minimum required under the FEMA Minimum
Floodplain Management Criteria, will forfeit the 90 points. However there
are easily achievable options described in the attached tables that will
compensate for this loss and still allow the County to maintain a class 8
rating.
2. Amend Section 9.S-316(~
This amendment would redefine market value to be the Property Appraiser's
assessed adjusted building value plus twenty (20) percent and allow a cost
approach appraisal by certified professionals to be used if approved by the
Construction Board of Adjustment and Appeals. This amendment will have
no affect on the Community Rating System.
3. Amend Section 9.5-317(!?}JI )d.(iii)
This amendment would allow the prescriptive "unfinished lower enclosure"
remedy of the past (which was designed to discourage illegal habitational
uses within permitted limited storage and garages) to be replaced with
certain flood proof finishes by requiring notice that these areas are restricted
from habitationaI uses. This amendment will have no affect on the
Community Rating System.
COMMUNITY RATING SYSTEM IMPLICATIONS
Monroe County participated in the Community Rating System since its
inception in 1990. The County achieved a class 8 rating and a 10%
discount on insurance premiums in 1994. The County was removed from
the Community Rating System in 1997 when the Federal Emergency
Management Agency notified the County of the deficiency in the
enforcement of the lower enclosure use restriction.
If adopted by the Board of County Commissioners as proposed, when the
County is able to reapply and participate in the Community Rating System,
the new ordinance will have implications for rate payers. The tables on the
following pages outline the financial implications of the proposed ordinance
for rate payers and other options that could be considered to reduce
insurance premiums, some of which include further amendments to the
ordinance.
Table 1. Easily achievable options in the Community Rating System
Table 2. Other possible options that could be implemented in order to
achieve a class 7 rating and a 15% discount.
Table 3. Post FIRM insurance savings based on the Community Rating
System
Table 4. Pre-FIRM insurance savings based on the Community Rating
System
Table 1
EASIL Y ACHIEVABLE OPTIONS IN mE
COMMUNITY RATING SYSTEM
Class 10 rating = 0 - 499 points = no discount
Class 9 rating = 500 - 999 points = 5% savings
Class 8 rating = 1000 - 1499 points = 100.10 savings
Class 7 rating = 1500 - 1999 points = 15% savings
Prior to removal from the Community Rating System Monroe County had 1004 points,
which is a class 8 rating and 10% discount.
The current amount of premiums in force in Monroe County is $17,265,337.00 and 100.10
of that figure represents a community wide savings of$I,726,533.00.
If the County removes the cumulative nonsubstantial requirement from the code without
replacement it will result in a loss of 90 points. That will be 914 points. However, the
inclusion of the following activities could replace and increase these points.
. Points including removal of90 points for cumulative nonsubstantial: 914
. Flood maps on GIS 160
. Foundation Protection 35
. Protection of Critical Facilities 20
. Floodplain Management Plan 194
This totals 1,323 points
By eliminating the 90 points for cumulative non-
substantial, and implementing the activities described
above the County will still be able to maintain a class 8
rating with 1,323 points and a 10% discount
Table 2
OTHER POSSIBLE ACHIEVABLE OPTIONS IN THE
COMMUNITY RATING SYSTEM
The objective of the Community Rating System is to reward communities that are doing
more than meeting the minimum requirements for participation in the National Flood
Insurance Program and thereby preventing or reducing the potential for flood damage
while creating more damage resistant economically viable communities. The savings on
insurance premiums are passed onto the community through a point system. Outlined
below are some activities along with the maximum amount of points available for the
activity. Credit points vary depending on whether or not the community chooses to
select the maximum protection or minimum protection. Below are the maximum credit
points available for some activities that could be implemented:
. Points as previously outlined
.
. cumulative nonsubstantial once every 5 years
. cumulative nonsubstantial once every 10 years
. Freeboard 3 feet above required base flood
. Low density zoning
1323
45
90
130
289
Freeboard Activity 3' or more
Low Density Zoning
130
289
TOTALS
419
419 combined with 1,323 would total 1,742 and would be a class 7 and a 15% discount
cumulative nonsubstantial once every 5 years total an additional 45 points=464
totaling 1787 points and only 213 points from a class 6 and a 200.10 discount
cumulative nonsubstantial once every 10 years would total an additional 90 points=509
points totaling 1832 points and only 168 points from a class 6 and a 200.10 discount
Table 3
INSURANCE SA VINGS BASED UPON
COMMUNITY RATING SYSTEM
Post FIRM A
&mium .cRS.JmC:OUDt
10% 150/0 20%
- -
$100,000 $431 $35 $53 $70
$150,000 $471 $39 $59 $78
$250,000 $549 $47 $70 $94
$100,000
$1,040
$96
$144 $192
$150,000
$1,510
$143 $215 $286
$250,000
$2,444
$236 $355 $473
$100,000
$1,370
$129 $194 $258
$150,000
$2,005
$193 $289 $385
$250,000
$3,269
$319 $478 $638
* Premiums include WYO (write your own) Company Expense Allowance. Discounts do not *
Table 4
INSURANCE SA VINGS BASED UPON
COMMUNITY RATING SYSTEM
EtcmiwD.
~
$100,000
$639
10%
-
$56
15% 2001'0
$84 $112
$150,000
$749
$67
$100 $134
$250,000
$954
$87 $131 $175
$100,000
$914
$83 $125 $167
$150,000
$1,222
$114 $171 $228
$250,000
$1,823
$174 $261 $349
*Premiums include WYO (write your own) Company Expense Allowance. Discounts do not *
ATTACHMENT 2
Estate .~.ppF8iseF&) aR~J9r RM (Resi~eRtial Member). Copies 9f all appraisals shall be
fOM'8m~ to the 9ffiG9 of the C9YRty PmpeFly .'\ppraiser.
For the purpose of this division, "market value" shall be the Monroe County Prooertv
ADo raiser's deoreciated value of the structure olus twenty (20) oercent. The use of a
cost aooroach aooraisal for detennination of market value may be used. if such cost
aooroach aooraisal is oreDared by a certified orofessional and such cost aooroach
aooraisal is submitted to and aooroved by the Construction Board of Adiustment and
ADoeals. Such individuals shall be reauired to DOssess certification as State Certified
Residential Aooraisers for aooraisina one to four familv residential orooerties and State
Certified General Aooraisers for all other orooerties includina commercial and multi
residential. Copies of all appraisals shall be forwarded to the office of the county
property appraiser.
For the purposes of this division, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration affects the extemal dimensions
of the structure. The term does not, however, include either (1) any projects for
improvement of a structure to correct existing violations of State or local health,
sanitary, or safety codes specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions or (2) Any alteration of a "historic structure" listed on the National Register
of Historic Places, the state inventory of historic places or any inventory of local
historic places, provided that the alteration will not preclude the structure's continued
designation as a "historic structure". "Cumulative substantial improvement" means
that impr:evement 'Nhich is n9t substantial by itself but, vme" added ts all prior
nonsl:Jbsta"tial impro':emen16 to the sriginal stRJcture, 'A'GI:JIc:J cause all the
impro\~ements to be substantial if permitted at one time. Substantial improvements
only apply to structures whose initial construction began prior to January 1, 1975, or
structures rendered noncompliant by a revised flood insurance rate map. All
applications deemed substantial or nonsubstantial must be approved by the
floodplain administrator, director of growth management, or the building
official/director.
Section 9.6-316.2
Pennit Reauirements
(a) The county building official shall require building permits for all proposed construction or
other improvements within areas of special flood hazard. In addition to the standard
requirements for a building permit, an application for a building permit for construction or
improvements within areas of special flood hazard shall contain the information and
certifications set forth in a form provided by the director of planning.
(b) The developer shall provide a floor elevation after the lowest floor is completed or, in
instances where the structure is subject to the regulations applicable to coastal high-hazard
areas, after placement of the lowest horizontal structural members of the lowest floor.
Floodproofing certification shall be provided prior to a certificate of occupancy or prior to final
inspection.
(c) Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or
upon placement of the lowest horizontal structural members of the lowest floor, whichever is
applicable, it shall be the duty of the permit holder to submit to the building official a
certification of the elevation of the lowest floor or the lowest portion of the lowest horizontal
Floodplain Amendments
Page 4 of 14
BY
Initials___ __ _ __-
ATTACHMENT 3
b. Electrical and mechanical equipment servicing an elevated structure must be elevated at
or above the required base flood elevation. Elevators may be placed below the required base
flood elevation, although the mechanical and electrical equipment serving the elevator must
be elevated at or above the required base flood elevation.
c. Sewer and storm drainage systems which extend below the base flood elevation shall be
provided with automatic backflow prevention valves or devices installed at the point where
the line passes an exterior wall or slab.
d. Except as noted in paragraph (G) Lof this subsection (b), the space below the lowest floor
of an elevated structure shall be used exclusively for parking of vehicles, elevators, limited
storage or building access purposes. For the purpose of this division limited storage means
storage of lawn mowers, rakes, wheelbarrows and similar equipment. Limited storage does
not apply to household items such as fumiture. Such spaces may be enclosed under the
following conditions:
(i) Walls of any enclosed area must be designed and constructed in a manner to prevent
flotation, collapse and lateral movement of the structure.
(ii) The walls of any enclosed area which are not required to meet the breakaway standards
shall be provided with openings such as vents, louvers or automatic valves which permit the
level of floodwaters within the enclosed area to match the rising and falling of floodwaters on
the outside of the structure. A minimum of two (2) openings located on separate walls shall
be provided having a minimum total net area of one (1) square inch for each square foot of
enclosed area, where the enclosed area is calculated by outside dimensions. Openings shall
be situated such that the bottom of each opening is no higher than one (1) foot above finished
grade.
(iii) IRteFier walls, G9i1iRg aR~ f1eeF& 19sate~ below the base f1900 ele'JatioR myst be
I:IRfiRisRe~ e)EGept fer pf9teslive paiRt, eXG9pt tRat mateFials reqYire~ by applisable fir.e OOEles
shall be peFmitte~. IiRtryv.'3Ys YR~er three hYR~red SElyare feet (-300 sq. ft.) may be fiRish~
'.vjth appm\'e~ Glass S e>EteFior materials as refefeRGe~ iR ACOE RegYlatioRs eP1165 2 31 ~.
(iii) Interior walls. ceilinos and floors in enclosures 300 SQuare feet or less used for entrywavs
mav be finished with an ACOE Reaulations EP 1165-2-314 class 5 exterior finish in
accordance with FEMA Technical Bulletin 2-93. Interior walls. ceilinos and floors in all
other enclosed areas may be finished with an ACOE Reoulations EP 1165-2-314 class 5
exterior finish in accordance with FEMA Technical Bulletin 2-93 if a deed restriction
runnino with the land is orovided. The deed restriction shall orovide notice of orohibition of
habitational uses below base flood elevation.
(iv) The interior portion of an enclosed area below an elevated building may not be partitioned
off into separate rooms except that garages may be separated from storage and entryway. In
the event an existing storage enclosure is enlarged, the walls between the existing enclosure
and the additional enclosure must be deleted. Enclosed areas below an elevated buildina
must be void of utilities and cannot be temoerature controlled.
(v) Necessary electrical switches for required lighting circuits may be located below the base
flood elevation provided they are of the outdoor water-resistant variety on a separate ground-
fault protection circuit breaker and do not exceed the minimum number required by law.
Except for elevator equipment, electrical receptacles shall not be located below the base
flood elevation.
(vi) Walls constructed entirely of wood lattice work or screen mesh shall be considered as
satisfying the requirements of subsections (i) and (ii) above and b.(5)h.
(vii) The area enclosed below the base flood elevation shall not be used for human
habitation.
(viii) Except as noted in (b)(1) b. and d. (v) of this subsection or required by an applicable
code no electrical, mechanical or plumbing may be located below the base flood elevation
below an elevated building.
Floodplain Amendments Page 7 of 14
.II.L1D..._
APPROVED AS rrYFORM
~GAL~~
BY ~
Attorney's Office
Section 5.
ATTACHMENT 4
permit holder's risk. The building official shall review the floor elevation survey data
submitted. Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to proceed. Failure to
submit the surveyor failure to make the corrections required hereby shall be causes to issue
a stop-work order for the project.
(d) Warning and Disclaimer of Uability: The degree of flood protection required in this division
is reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This division does not imply that land outside the
areas of special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This division shall not create liability on the part of Monroe County or any
officer or employee thereof for any flood damages that result from reliance on this division or
any administrative decision lawfully made thereunder.
(e) "Manufactured Home" Defined: For the purposes of this division only, a "manufactured
home" means a structure, transportable in one (1) or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for one hundred eighty (180) consecutive
days or longer and intended to be improved property.
(1) -Recreational Vehicle" Defined: A recreational vehicle means a vehicle which is: (a) built
on a sinole chassis: (b) 400 sauare feet or less when measured at the lamest horizontal
Droiection: (c) desi~ned to be self Drooelled or oermanentlv towable bv a Iioht duty truck: and
(d) desi~ned Drimarilv not for use as a oermanent dwellino but as temoorarv Iivino ouarters
for recreational. camDino. travel or seasonal use.
(g) -Elevated Buildina" Defined: An elevated buildino means for insurance ourooses. a
nonbasement buildino which has its lowest elevated floor raised above oround level bv
foundation walls. shear walls. oosts. Diers. Dilinos. or columns.
(h) -Enclosure" Defined: An enclosure is defined as that oortion of an elevated buildino
below the lowest elevated floor that is either oartiallv or fullv shut in bv rioid walls and used
solelv for limited stora~e. oarkino or entrvwavs. Enclosures shall not be constructed. eauioDed
or used for habitational DUrooseS.
(i) -Deve/ooment" Defined: For the Durooses of this division onlv. develoDment means any
manmade chanoe to imDroved or unimoroved real estate. includino but not limited to
buildinos or other structures. minino. dredoino. fillino. oradino. oavino. excavation or drillino
ooerations or storaoe of eauiDment or materials.
m "Finlshlno Materials" Defined: FinishinG materials means anythinG beyond basic
wall construction.
Section 9.5-317 is amended to read as follows (strike throughs indicate deleted language and
underlines indicate new language):
Section 9.5-317.
flood hazards.
Standards for issuance of building pennits in areas of special
Floodplain Amendments
Page 5 of 13
APPROV~' '. F()"'r'
, 1r Lt'l.aJ. , ,.' '.~. ;i. VI ;
By~''P~'y?1
Attorney's Office
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2-1994; AND
INCORPORATING SECTIONS 9.5-125 THROUGH 9.5-127 INTO
SECTION 9.5-316 AND 9.5-318; AND MODIFYING THE VARIOUS
SECTIONS OF THE MONROE COUNTY CODE LISTED BELOW;
SECTION 9.5-315 WHICH PROVIDES PURPOSE AND INTENT;
SECTION 9.5-316.1 WHICH PROVIDES GENERAL PROVISIONS;
SECTION 9.5-316.1 (c) WHICH PROVIDES RULES FOR
INTERPRETING FLOOD HAZARD ISSUES; SECTION 9.5-316.2
WHICH PROVIDES FOR PERMIT REQUIREMENTS; SECTION 9.5-
317(b)(1)d. WHICH DEALS WITH ENCLOSING AREAS BELOW
BASE FLOOD ELEVATION; SECTION 9.5-317b(4) WHICH DEALS
WITH MANUFACTURED HOMES AND SECTION 9.5-318 WHICH
PROVIDES FOR VARIANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HERWITH; PROVIDING FOR INCORPORATION
INTO THE MONOROE COUNTY CODE; AND DIRECTING THE
CLERK OF THE BOARD TO FORWARD A CERTIFIED COPY OF
THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The County Commission at their meeting held at the County Courthouse in Key West,
Florida, June 11, 1974, passed unanimously Ordinance 2-1974 and by their action duly expressed
willingness to take action necessary to meet the objectives of the National Flood Insurance Act of 1968;
and
WHEREAS, the latest floodplain maps were adopted by Monroe County on June 5th, 1989; and
WHEREAS, there are now certain new issues and need for additional detail regarding the sections
9.5-316 and 9.5-317 ofthe floodplain management ordinance; and
WHEREAS, Section 9.5-125 through 9.5-127 related to floodplain regulations need to be
incorporated into the floodplain management ordinance; and
WHEREAS, the Monroe County Planning Commission sitting as the local planning agency, after
due notice and public participation, has reviewed the proposed amendments and recommends
approval; and
WHEREAS, the Board of County Commissioners examined the Sections 9.5-315, 9.5-316 and
9.5-317 of the Land Development Regulations conceming amendments to the Floodplain Management
Ordinance submitted by the Monroe County Growth Management Division and recommended by the
Monroe County Planning Commission; and
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WHEREAS, The Monroe County Board of County Commissioners hereby supports the decision of
the Planning Commission and recommendations of the Growth Management staff; and
WHEREAS, it is the desire of the Board that the following amendments to the land development
regulations be approved, adopted and transmitted to the state land planning agency for approval; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT:
Section 1.
Section 9.5-125 and 9.5-126 are deleted and the provisions of these sections are incorporated
as new Section 9.5-316.2 below.
Section 2.
Section 9.5-127 is deleted and provisions of this section are incorporated as new Section 9.5-
318 below.
Section 3.
Sections 9.5-315, 9.5-316 and 9.5-317 of the Monroe County Code is amended to read as
follows (strike throughs indicate deleted language and under1ines indicate new language):
Section 9.&-315 Purpose and Intent.
(a) It is the purpose of the floodplain management provisions to promote the public health,
safety and general welfare and to minimize publiC and private losses due to flood conditions
in specific areas by provisions designed to:
(b) Restrict or prohibit uses which are dangerous to health, safety and property due to water
or erosion hazards, or which result in increases in erosion or in flood heights or velocities;
(c) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(d) Control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of floodwaters;
(e) Control filling, grading, dredging and other development which may increase erosion or
flood damage;
(f) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands;
(g) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(h) To minimize prolonged business interruptions;
(i) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, and streets and bridges located in floodplains;
0) To help maintain a stable tax base by providing for the sound use and development of
Floodplain Amendments
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Section 4.
flood-prone areas in such manner as to minimize future flood blight areas; and
(k) To ensure that potential home buyers are notified that the property is in a floodplain area.
The board of county commissioners deem it in the best interest of its citizens that prudent
measures be taken to minimize the potential publiC and private loss due to flooding. It is the
intent of the board of county commissioners that the county at all times be eligible for, and
receive, the benefit of participation in the National Flood Insurance Program. It is therefore
the intent of the board that the provisions of this division be strictly adhered to in all areas of
soecial flood hazard within the iurisdiction of unincoroorated Monroe Countv.
Section 9.5-316 is reorganized into Section 9.5-316.1 and 9.5-316.2 with amended language
to read as follows (strike throughs indicate deleted language and underlines indicate new
language):
Section 9.5-316.1. General Provisions.
(a) Applicability: No structure or manufactured home hereafter shall be located, extended,
converted or structurally altered without full compliance with the terms of this division in
addition to other applicable regulations of this chapter.
(b) Adoption of Maps: The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in its Flood Insurance Study and Wave Height
Analysis for Monroe County, Florida, Unincorporated Areas, dated October 17,1989, or the
most current official maps approved by FEMA, with accompanying maps and other
supporting data, and any revisions thereof, are adopted by reference and declared to be a
part of this division, and shall be kept on file, available to the public, in the offices of the
county planning development.
(c) Rules for Interpreting Flood Hazard Issues: The boundaries of the flood hazard areas
shown on the official flood insurance rate maps may be determined by scaling distances.
Required interpretations of those maps for precise locations of such boundaries shall be
made by the Floodplain Administrator, in consultation with the building official. In interpreting
other provisions of this division, the building official shall be guided by the current edition of
FEMA's 44 CFR, and FEMA's interpretive letters, policy statements and technical bulletins as
adopted by resolution from time to time by the board of county commissioners. Additionally,
the building official shall also obtain, review and reasonably utilize any base flood elevation
and f100dway data available from a federal, state or other source, as criteria for requiring that
new construction, substantial improvements, and other developments meet the criteria
required in the appropriate flood zone.
Where the phrase "substantial improvement" appears in this division, it shall have the
meaning "any repair, reconstruction, rehabilitation, or other improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure either, (a) before
the improvement or repair is started, or (b) if the structure has been damaged, and is being
restored, before the damage occurred.
F9r tAe pYJ:p9se at this ~i':i~i9R "maFket '/alyen shall be ~eter:miRe~ by appraisals pF9paF9~ by
iR~M~Yals I../ha myst passes seFtifieati9R aR~ ElYFreRt membeF&hip iR 9Re ar maFe at the
fGllewiRO a&69siati9Rs: W.I, {Member appraisal I Rstihrte} ft,IRiA (AmeFiGaR IRstitute at Real
Floodplain Amendments
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Initials
estate .l\ppraiseFS} aREl/9r RM (Resi~eRlial Member). C9pies 9f all appraisals shall De
fOl\\'aRt~ to the 9ffiG9 9f the CSYRty PF9peFly ~.ppraiser.
For the purpose of this division, "market value" shall be determined by assessed value as
determined by the Monroe County Prooertv Aooraiser or aooraisals oreoared by individuals
who DOssess certification as State Certified Residential Aooraisers for the ouroose of
aooraisina one to four familv residential orooerties and State Certified General Aooraisers for
all other orooerties includina commercial and multi residential. Copies of all appraisals
shall be forwarded to the office of the county property appraiser.
For the purposes of this division, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either (1) any projects for
improvement of a structure to correct existing violations of State or local health,
sanitary, or safety codes specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions or (2) Any alteration of a "historic structure" listed on the National Register
of Historic Places, the state inventory of historic places or any inventory of local
historic places, provided that the alteration will not preclude the structure's continued
designation as a "historic structure". "Cumulative substantial impro'Jemenr means
that impro\'ement '."lhich is net substantial by itself but, .....hen added to all prior
nons'=Ibstantial improvements to the original structure, woula cause all the
improvements to be substantial if peFmittea at one time. Substantial improvements
only apply to structures whose initial construction began prior to January 1, 1975, or
structures rendered noncompliant by a revised flood insurance rate map. All
applications deemed substantial or nonsubstantial must be approved by the
floodplain administrator, director of growth management, or the building
officiaVdirector.
Section 9.5-316.2
Pennit Reauirements
(a) The county building official shall require building permits for all proposed construction or
other improvements within areas of special flood hazard. In addition to the standard
requirements for a building permit, an application for a building permit for construction or
improvements within areas of special flood hazard shall contain the information and
certifications set forth in a form provided by the director of planning.
(b) The developer shall provide a floor elevation after the lowest floor is completed or, in
instances where the structure is subject to the regulations applicable to coastal high-hazard
areas, after placement of the lowest horizontal structural members of the lowest floor.
Floodproofing certification shall be provided prior to a certificate of occupancy or prior to final
inspection.
(c) Withiri twenty-one (21) calendar days of establishment of the lowest floor elevation, or
upon placement of the lowest horizontal structural members of the lowest floor, whichever is
applicable, it shall be the duty of the permit holder to submit to the building official a
certification of the elevation of the lowest floor or the lowest portion of the lowest horizontal
structural members of the lowest floor, whichever is applicable, as built, in relation to mean
sea level. Such certification shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and certified by same. When f1oodproofing
is utilized for a particular building, the certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same. Any work done
within the twenty-one-day period and prior to submission of the certification shall be at the
permit holde(s risk. The building official shall review the floor elevation survey data
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Section 5.
submitted. Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to proceed. Failure to
submit the surveyor failure to make the corrections required hereby shall be causes to issue
a stop-work order for the project.
(d) Warning and Disclaimer of Uability: The degree of flood protection required in this division
is reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This division does not imply that land outside the
areas of special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This division shall not create liability on the part of Monroe County or any
officer or employee thereof for any flood damages that result from reliance on this division or
any administrative decision lawfully made thereunder.
(e) "Manufactured Home" Defined: For the purposes of this division only, a "manufactured
home" means a structure, transportable in one (1) or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for one hundred eighty (180) consecutive
days or longer and intended to be improved property.
(1) -Recreational Vehicle" Defined: A recreational vehicle means a vehicle which is: (a) built
on a sinale chassis: (b) 400 sauare feet or less when measured at the lamest horizontal
oroiection: (c) desianed to be self orooelled or oermanentlY towable by a Iiaht duty truck: and
(d) desianed orimarilv not for use as a oermanent dwellina but as temoorarv Iivina ouarters
for recreational. camoina. travel or seasonal use.
(g) -Elevated Bui/dina" Defined: An elevated buildina means for insurance ourooses. a
non basement buildina which has its lowest elevated floor raised above around level by
foundation walls. shear walls. oosts. oiers. oilinos. or columns.
(h) -Enclosure" Defined: An enclosure is defined as that oortion of an elevated buildina
below the lowest elevated floor that is either Dartially or fully shut in by riaid walls and used
SOlely for limited storaae. Darkina or entrvways. Enclosures shall not be constructed. eauioDed
or used for habitational ourooses.
(j) -Develooment" Defined: For the ourooses of this division only. develooment means any
manmade chanoe to imoroved or unimoroved real estate. includino but not limited to
buildinas or other structures. minina. dredaino. fillino. aradina. Davina. excavation or drillina
ooerations or storaae of eauioment or materials.
Section 9.5-317 is amended to read as follows (strike throughs indicate deleted language and
underlines indicate new language):
Section 9.5-317.
flood hazards.
Standards for issuance of building pennits in areas of special
(a) Generally: No building permit for proposed construction within an area of special flood
hazard shall be granted unless the proposed construction is in compliance with the standards
set forth in this division. In all areas of special flood hazard, the following standards apply:
(1) All new construction and ElYFRylati':e substantial improvements shall be adequately
Floodplain Amendments
Page 5 of 13
Initials
anchored by pilings or columns to prevent flotation, collapse or lateral movement of the
structure. No fill shall be used for structural support.
(2) All new construction and QYFRylati':e substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(3) All new construction and Gymylati':e substantial improvements shall be constructed by
methods and practices that minimize flood damage.
(4) All new or replacement water supply systems shall be designed and constructed by
methods and practices that minimize flood damage.
(5) All new or replacement sanitary sewage systems shall be designed and constructed to
minimize or eliminate infiltration of floodwaters into the system and discharge from the
system into floodwaters. Joints between sewer drain components shall be sealed with
caulking, plastic or rubber gaskets, and all manhole covers shall be sealed in as similar
manner.
(6) On-site waste disposal systems shall be located and constructed to minimize or eliminate
damage to them and contamination from them during flooding.
(7) Any alteration, repair, reconstruction or improvement to a structure which already is in
compliance with the provisions of this division shall meet the requirements of new
construction as contained in this division.
(8) No manmade alteration of sand dunes, dune ridge, mangrove stands or wetlands shall be
allowed which would increase potential flood damage.
(9) All new construction shall be located landward of the reach of mean high tides.
(10) All agreements for deed purchase agreements, leases, or other contracts for sale or
exchange of lots within areas of special flood hazard shall cany the following flood hazard
waming prominently displayed on the document:
FLOOD HAZARD WARNING
This property may be subject to flooding. You should contact the county growth management
division and obtain the latest infonnation regarding flood elevations and restrictions on
development before making use of this property.
(b) Additional standards: In all areas of special flood hazard where base flood elevation data
has been provided the following provisions are required:
(1) Residential construction:
a. New construction or cYFRYlative substantial improvement of any residential structure shall
have the lowest floor for zones A 1-30, AE and AH or bottom of the lowest supporting member
for zones V1-30, VE or V elevated at or above the base flood elevation level.
b. Electrical and mechanical equipment servicing an elevated structure must be elevated at
or above the required base flood elevation. Elevators may be placed below the required base
flood elevation, although the mechanical and electrical equipment serving the elevator must
be elevated at or above the required base flood elevation.
c. Sewer and stonn drainage systems which extend below the base flood elevation shall be
Floodplain Amendments
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Initials _
provided with automatic backflow prevention valves or devices installed at the point where
the line passes an exterior wall or slab.
d. Except as noted in paragraph (i} Lof this subsection (b), the space below the lowest floor
of an elevated structure shall be used exclusively for parking of vehicles, elevators, limited
storage or building access purposes. For the purpose of this division limited storage means
storage of lawn mowers, rakes, wheelbarrows and similar equipment. Limited storage does
not apply to household items such as fumiture. Such spaces may be enclosed under the
following conditions:
(i) Walls of any enclosed area must be designed and constructed in a manner to prevent
flotation, collapse and lateral movement of the structure.
(ii) The walls of any enclosed area which are not required to meet the breakaway standards
shall be provided with openings such as vents, louvers or automatic valves which pennit the
level of floodwaters within the enclosed area to match the rising and falling of floodwaters on
the outside of the structure. A minimum of two (2) openings located on separate walls shall
be provided having a minimum total net area of one (1) square inch for each square foot of
enclosed area, where the enclosed area is calculated by outside dimensions. Openings shall
be situated such that the bottom of each opening is no higher than one (1) foot above finished
grade.
(iii) IRteFi9r walls, GeiliRg aR~ f199F& 19Gatec:t belew the base f19~ ele':atioR myst be
YRfiRish~ eXGept f9r pFGteGli'/e paiRt, eXGept that mateFials reqYire~ by appliGable fire G~es
shall be peFmitt~. I!RtFy'A'aYS YR~er three hYR~re~ sqyare feet (300 sq. ft.) may be fiRisl=l~
with appF9~/e~ Glass 5 mEteFier mateFials as refereRG~ iR ACOi RegYlati9Rs I!P1165 2 314.
(Ui) Interior walls. ceilinos and floors in enclosures 300 SQuare feet or less used for entrvways
may be finished with an ACOE Reaulations EP 1165-2-314 class 5 exterior finish. Interior
walls. ceilinos and floors in all other enclosed areas may be finished with an ACOE
Reaulations EP 1165-2-314 class 5 exterior finish if a deed restriction runnino with the land is
orovided. The deed restriction shall Drovide notice of Drohibition of habitational uses below
base flood elevation.
(iv) The interior portion of an enclosed area below an elevated building may not be partitioned
off into separate rooms except that garages may be separated from storage and entryway. In
the event an existing storage enclosure is enlarged, the walls between the existing enclosure
and the additional enclosure must be deleted. Enclosed areas below an elevated buildino
must be void of utilities and cannot be temoerature controlled.
(v) Necessary electrical switches for required lighting circuits may be located below the base
flood elevation provided they are of the outdoor water-resistant variety on a separate ground-
fault protection circuit breaker and do not exceed the minimum number required by law.
Except for elevator equipment, electrical receptacles shall not be located below the base
flood elevation.
(vi) Walls constructed entirely of wood lattice work or screen mesh shall be considered as
satisfying the requirements of subsections (i) and (ii) above and b.(5)h.
(vii) The area enclosed below the base flood elevation shall not be used for human
habitation.
(viii) Except as noted in (b)(1) b. and d. (v) of this subsection or required by an applicable
code no electrical, mechanical or plumbing may be located below the base flood elevation
below an elevated building.
(2) Nonresidential construction.
a. New construction or Gymylative substantial improvements of any commercial,
industrial or other nonresidential structures within zones A1-30, AE and AH on the
community's flood insurance rating map (FIRM) shall have the lowest floor (including
basement) elevated to or above the base flood level or, together with attendant utility and
sanitary facilities, be designed so that below the base flood level the structure is water-tight
with walls substantially impenneable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
Floodplain Amendments Page 7 of 13 Initials_
buoyancy. Where a nonresidential structure is intended to be made watertight below the base
flood level, a registered professional engineer or architect shall develop and/or review
structural design specifications and plans for the construction and shall certify that the design
and methods of construction are in accordance with accepted standards of practice for
meeting the applicable provisions contained herein. A record of such f1oodproofing
certification which shall include the specific elevation (in relation to mean sea level) to which
such structures are flood proofed shall be provided to the building department. Wet
flood proofing is not acceptable. New construction or cumulative substantial improvements of
any commercial, industrial or other nonresidential structures within zones VI-30, VE or V shall
have the lowest floor, including the basement, elevated to or above the base flood elevation.
b. Enclosed areas below an elevated structure at grade elevation for nonresidential
commercial or industrial uses shall be permitted for storage or parking purposes provided
that they are anchored to prevent flotation, collapse or lateral movement of the structure and
do not exceed three hundred (300) square feet of enclosed area and are in accordance with
the requirements of subsection 9.5-317(b)(5)h. or subsection 9.5-317(b)(1)d.(i) through (viii).
Plans for such structure shall be submitted to the building official for approval prior to
construction.
(3)Accessory structures
a. Residential accessory structures: Any prefabricated light metal structure, which meets the
following criteria, may be permitted in A or V-zones if:
(i) The enclosed area is one hundred and fifty (150) square feet or less;
(ii) The fair market value is five hundred dollars ($500.00) or less;
(iii) The use is limited to storage accessory to a residence; and
(iv) The structure is proper1y anchored.
Accessory light metal structures which exceed the one hundred and fifty (150) square feet of
enclosed space threshold or concrete or wood accessory structures built on site regardless of
size or value may be permitted if they meet all of the criteria outlined in subsection 9.5-
317(b)(3) a. (iii) and (iv) ofthis division and are constructed to meet the venting criteria set
forth in subsection 9.5-317(b)(1) d. (ii) or the breakaway wall criteria set forth in subsection
9.5-317(b)(5) h.
b. Nonresidential accessory structures: All nonresidential accessory structures, or enclosed
areas, which meet the following criteria, may be permitted if:
(i) The enclosed area is three hundred (300) square feet or less;
(ii) The use is restricted to limited storage and parking only;
(iii) They meet the breakaway wall standards outlined in subsection 9.5-317(b)(5)h.;
(iv) They meet the venting requirements outlined in subsection 9.5-317(b)(1) d.; and
(v) The structures are proper1y anchored.
Accessory structures in an A-zone which exceed the three hundred (300) square feet of
enclosed space threshold may be permitted if they meet the flood-proofing criteria outlined in
subsection 9.5-317(b)(2)a. of this division.
Accessory structures in a V-zone which exceed the three hundred (300) square feet of
enclosed space threshold, are strictly prohibited.
(4) Manufactured homes:
a. Effective June 1, 1977, no manufactured home not already in place shall be placed within
areas of special flood hazard except in an existing manufactured home park or subdivision, as
hereafter defined. In the event that the Federal Emergency Management Agency eliminates
the existing manufactured home park or subdivision requirement of 44 C.F.R. 60.3(c)(12),
then no manufactured home may be placed below the base flood elevation.
b. A manufactured home that is to be placed on a qualified lot may be placed at an
Floodplain Amendments Page 8 of 13 Initials_
elevation below base flood elevation provided that:
(i) The lot on which the manufactured home is to be placed is located in an existing
manufactured home park or subdivision and is contiguous to and surrounded by manufactured
homes not at base flood elevation. For the purposes of this section, an existing manufactured
home park or subdivision is one in which, at the time of application, there are no site-built
residences or a park or subdivision which is limited to manufactured homes only by this
chapter.
(ii) The manufactured homes that are placed or substantially improved (for other than
substantial damage due to a flood) on sites in existing manufactured home parks or
subdivision in flood hazard areas shall be elevated so that the manufactured home chassis is
supported by reinforced piers or other foundation elements that are no less than thirty-six (36)
inches in height above the grade at the site. A lower foundation system could be used if the
top of the finished floor of the manufactured home or the bottom of the beam (for V zones)
would be at or above the base flood elevation using such foundation.
c. AR e)EistiRg maRyfaGtYr~ home may be replaEle~ 'f.'ith9ut Fegam t9 the ele.:atioR
F9ElyiremeRl6 9' these FegYlati9RS (9*Gept '.\'heR sy96taRtially ~amag~ by flo9EW.'8teF&) aR~
with9Y! Ree~ 9f a '/aFiaRG9 pr9'/i~~ the maRyfaGtYre~ h9me so replaEl~ was at aR ele'/ati9R
belO'J." the base fl99~ elevatioA.
c. No solid walled additions may be added to a manufactured home unless the addition is
constructed under HUD (DeDartment of Housina and Urban DeveloDment) standards and
contains a HUD seal or the addition is elevated to or above the base flood elevation.
d. Screen rooms. ODen decks and Dorches may be added to a manufactured home orovided
the addition is structurally indeDendent and constructed with fourth 4th wall construction.
e. All manufactured homes and State aDDroved manufactured offices for temoorarv use shall
be anchored to resist flotation. collaDse and lateral movement by Drovidina over-the-toD and
frame ties to around anchors as Drovided for in the most current edition of the Florida
Administrative Code 15.C
(i) O'/er the t9p ties shall be provi~e~ at eash eR~ 9f the maRyfaGtyF'~ h9me 'Nith 9Ae (1)
a~~iti9Ral tie per si~e at aR iRtem:le~iate IOGati9R f9r maRyfaGtyAKj h9mes less thaR fifty (50)
feet 19R9 aR~ tW9 (2) a~~iti9Ral ties per si~e at iRtem:l~iate 19GatioRS f9r maRYfaGtyAKj h9mes
9f fifty (50) feet 9r greater leRgth.
(ii) Frame ties shall be pF9\'i~e~ at eash Gomer of tRe maRyfaGtYFe~ heme with f9yr (4)
a~~itioRal ties per si~e at iRtem:le~iate losati9RS f9r maAyfaGtYre~ h9me less thaR fifty (50)
feet 10Rg aR~ fi'Je (5) a~~itioRal ties per si~e at iRteFFR~iate 19sati9RS f9r mSRYfsGtYFeEI
Romes 9f fifty (50) feet or greater leAgth.
(iii) All G9mp9ReRts 9f the aRshoFiRg system myst be capable of saFryiRg a feF'Ge of R\1Q
th9YSaR~ (2,000) p9YR~S f9r maRyfaGtyAKj homes existiRg OR the effeGti'}e ~ate 9f tRess
r-egYlati9RS 9r f9Fty eight hWR~Fe~ ('4,800) pOYR~S fer Rew maRyfa6h'F'e~ R9mes.
(it!) ARY a~~iti9Rs to the maRyfaGtYre~ h9me shall be similaFly aRGhore~.
(i) All other anchoring must be in compliance with section
6-16.1(7) appendix H, "Mobile Home Tiedowns Standards."
(ii) All other foundations requiring elevation of the structure in
order to meet the floodplain standards must comply with section 6-16.1 (7) 1405.6 of the
Monroe County Code, "PIERS."
f. An existing manufactured home which is damaged or otherwise in need of repair,
reconstruction, improvement, or replacement the value of which meets or exceeds fifty (50)
percent of the value of the manufactured home without the repair, reconstruction,
improvement or replacement shall not be repaired, reconstructed, improved or replaced
except by a manufactured home which meets the most recent standards promulgated by the
Department of Housing and Urban Development in 24 C.F.R. 3280.308(C)(2) and, in addition,
meets the standards set forth in subparagraphs b,c, and d of this subsection (b)(3), as
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applicable. For the purposes of determining the value of any replacement manufactured
homes under this section, the purchase price, as expressed in an invoice from an arms length
transaction, in a form acceptable to the building official, or the value reflected in the current
records of the Monroe County Property Appraiser, or using fair market value, as determined in
section 9.5-316(c), whichever is greater, shall control.
(5) Coastal high-hazard areas (V zones): Within the areas of special flood hazard are areas
designated as coastal high-hazard areas, which have special flood hazards associated with
wave wash. The following provisions shall apply in these areas:
a. New construction or substantial improvements shall be elevated so that the bottom of the
lowest horizontal supporting member (excluding pilings or columns) is located at or above the
base flood elevation level, with the space below the lowest supporting member open or
constructed with breakaway walls so as not to impede the flow of floodwaters. Breakaway
walls may be permitted for aesthetic purposes only and must be designed to wash away in the
event of abnormal wave action and in accordance with the provisions of subsection (b)6f, g,
aR~ h. (b)(5)f.. a. and h.
b. New construction or substantial improvements shall be securely anchored on pilings,
columns or shear walls.
c. The pile or column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be those
associated with the base flood. Wind loading values shall be those required by American
Society of Civil Engineers (ASCE) Standard number 7. Where shear wall construction is
used, the following conditions shall also apply:
(i) Shear walls shall be placed parallel to the predominant flow direction of floodwaters and
spaced to provide adequate floodwater conveyance beneath the elevated floor;
(ii) Shear walls shall be constructed using reinforced concrete; and
(iii) Except for the placement of the parallel load-bearing walls, the space between the shear
walls below the elevated floor shall remain free of obstruction or contain only breakaway wall
construction.
d. A registered professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with the accepted standards of practice
for meeting the proviSions of paragraphs a, band c of this subsection (b)(5).
e. There shall be no fill used as structural support.
f. If any space below the base flood elevation level is to be enclosed, such enclosed areas
shall not be used for human habitation and must meet the provision of section b.1 (Hi) through
(viii).
g. Prior to construction, plans for any structure that will have enclosed space below the base
flood elevation level shall be submitted to the building official or his designee for approval.
h. Walls and partitions other than parallel shear walls shall be allowed below the base flood
elevation provided they are not part of the structural support of the building and are designed
to break away under the impact of abnormally high tides or wind-driven water without damage
to the structural integrity of the building on which they are to be used, and provided the
following design specifications are met:
A design load limit of not less than ten (10) and no more than twenty (20) pounds per square
foot shall be used as the safe load range for breakaway walls.
Floodplain Amendments Page 10 of 13 Initials
Section 6.
i. Compliance with the provisions contained in subsection h. shall be certified by a registered
professional engineer or architect.
j. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
space below the base flood elevation level except as provided for in paragraphs f and h of this
subsection (b)(5).
k. No manmade alteration of mangroves or beach berm system shall be permitted which will
increase the potential for flood damage.
(6) No basement shall be constructed in the county until such time as a variance is granted to
the county under the terms of 44 C.F.R. 60.6(b).
(l) No enclosure below the base flood elevation shall be constructed or equipped for such
uses as a kitchen. dining room. family room, recreation room, bedroom. bathroom or
workshop. This prohibition does not apply to new improvements which are Reither sybstaRtial
Ror Elymylalively RORSybstaRtial not substantial to post FIRM structures rendered
noncompliant by amendments to the flood insurance rate map as lona as the imorovement is
at the same elevation the structure was oriainallv built to and around level structures whose
initial construction began prior to January 1. 1975; legally plaG~ maRYfaGlyreEj R9mes; those
structures which are listed on the National Register of Historic Places. the Florida Inventory of
Historic Places or any inventory of local historic places.
(8) In no event shall a below base flood elevation variance be necessary for
improvements to an existing structure whose initial construction began prior to December 31.
1974. or to a legally placed manufactured home when the improvements are not substantial.
(9) Reauire that recreational vehicles olaced on sites within Zones A1-30.
AH. and AE. V1-30. V and VE on the community's FIRM either
(i) Be on the site for fewer than 180 consecutive davs and
be fully licensed and ready for hiohway use. or
(ii) Meet the Dermit reauirements of subsection 9.5-317(b)(4)'
A recreational vehicle is ready for hiohway use if it is on its wheels or intemal
iackino svstem. desioned to be self orooelled or oermanently towable by a Iioht
duty truck, is attached to the site only by quick disconnect type utilities
and security devices. and has no Dermanently attached additions
Section 9.5-318 is created to read as follows:
Section 9.5-318 Variances to the floodolain manaGement reQuirements
(a) Generally: Where, owing to special conditions, a literal enforcement of the floodplain
management provisions of the plan would result in exceptional hardship unique to that
property or proposed project, the board of county commissioners may grant variances from
the terms of those provisions as will not be contrary to the public interest. will be in harmony
with the general purpose and intent of this chapter. and will be the minimum variance that will
allow reasonable use of the property.
(b) Procedures:
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(1) An application for a variance from the provisions of this chapter for development in an
area of special flood hazard shall be filed with the building official in a form provided by the
director of planning at the time of application for a building permit.
(2) Within ten (10) days of receipt of a complete application for a variance from the terms of
the floodplain management provisions of this chapter, the building official shall forward the
application to the director of planning, review the application, and submit a report and
recommendation to the board of county commissioners.
(3) The director of planning, or his designee, also shall review the application for a variance
and submit a report and recommendation to the board of county commissioners within five (5)
days after receipt from the building official.
(4) The board of county commissioners shall review the application and the reports and
recommendations of the building official and director of planning and consider granting the
variance in accordance with the conditions set forth in this section.
(c) Conditions:
(1) Variances shall be issued only upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief, and only upon all of the following
conditions:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to
the applicant;
c. A determination that the granting of a variance will not result in increased flood heights;
result in additional threats to publiC safety; result in extraordinary public expense; create
nuisance; cause fraud on or victimization of the public; or conflict with other provisions of this
chapter or the County Code; and
d. Specific written findings linked to the criteria below.
(2) The following factors shall be relevant in the granting of a variance:
a. Physical characteristics of construction;
b. Whether it is possible to use the property by a conforming method of construction;
c. The possibility that materials may be swept onto other lands to the injury of others;
d. The danger to life and property due to flooding or erosion damage;
e. The susceptibility of the proposed facility and its contents to flood damage and the effects
of such damage on the individual owner;
f. The importance to the community of the services provided by the proposed facility;
g. The necessity to the facility of a water-dependent location, where applicable;
h. The availability of altemative locations less subject to flooding;
i. The compatibility of the proposed use with existing and anticipated development;
j. The relationship of the proposed use to the comprehensive plan, land development
regulations and the floodplain management program for that area;
k. The safety of access to the property for ordinary and emergency vehicles in times of
flood;
I. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
m. The costs of providing govemmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, and streets and bridges.
(3) When the board of county commissioners shall consider the propriety of granting a
variance as permitted by this division, the following factors shall not be considered relevant:
a. The physical disabilities or handicaps and health of the applicant or members of his
Floodplain Amendments Page 12 of 13 Initials
family;
b. The domestic difficulties of the applicant or members of his family;
c. The financial difficulty of the applicant in complying with the floodplain management
provisions of this chapter; or
d. The elevation of surrounding structures.
(4) Any applicant to whom a variance is granted shall be given written notice by the board of
county commissioners specifying the difference between the base flood elevation and the
elevation to which the structure is to be built and stating that the cost of flood insurance will
be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(5) All variances issued shall require that an affidavit be prepared, and recorded with the
clerk of the circuit court, which shows that the proposed construction will be located in a f1ood-
prone area, the number of feet that the lowest floor of the proposed structure will be below the
base flood level, and that actuarial flood insurance rates increase as the flood elevation
decreases.
(6) The building official shall maintain records of all variance actions and annually report any
variances to the Federal Emergency Management Agency.
Section 7. If any section, subsection, sentence, clause, item, change or proviSion of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 8. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the
extent of said conflict.
Section 9. This ordinance shall be filed in the Office of the Secretary of State of the state of Florida, but
shall not become effective until a notice is issued by the Department of Community Affairs or
the Administration Commission approving this ordinance.
Section 10. This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs to determine the consistency of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a meeting of the Board held on the day of , A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tem George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Key Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRPERSON
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
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PLANNING COMMISSION RESOLUTION
RESOLUTION NO. P40-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE
MONROE COUNTY PLANNING DEPARTMENT FOR AN
AMENDMENT TO SECTIONS 9.5-315, 9.5-316 AND 9.5-317 OF
THE LAND DEVELOPMENT REGULATIONS CONCERNING
AMENDMENTS TO THE FLOODPLAIN MANAGEMENT
ORDINANCE.
WHEREAS, the Monroe County Planning Commission, during regular meetings held on May 10,
2000 and May 24, 2000, conducted a review and consideration of amendments to Article VII, Division
6, Sections 9.5-315, 9.5-316 and 9.5-317 of the Land Development Regulations conceming the
Floodplain Management Ordinance filed by the Monroe County Planning Department; and
WHEREAS, The Monroe County Planning Department is requesting amendments to Article VII,
Division 6, Sections 9.5-315,9.5-316 and 9.5-317 of the Land Development Regulations conceming
the Floodplain Management Ordinance; and
WHEREAS, the Planning Commission examined the following information:
1. The staff report from Timothy J. McGarry, AICP, Director of Growth Management dated April 24,
2000; and
2. Sworn testimony by Timothy J. McGarry AICP, Director of Growth Management, Dianne Bair,
Floodplain Administrator and comments by the members of the Planning Commission; and
3. Development Review Committee Resolution D 07-00, dated April 27, 2000; and
WHEREAS, the Planning Commission recommended approval of the proposed ordinance with an
amendment to delete the following language from section 9.5-317(b)(1)d.(iii) .and shall authorize the
County staff or its aaents access to the Drooertv to insoect the below base flood elevation enclosure
between the hours of 8:00 AM and 5:00 PM dailv with reasonable orior written notice..
WHEREAS, the Planning Commission made the following Findings of Fact and Conclusions of
Law:
1. Based on Section 9.5-511 of the Monroe County Code (MCC), we find that the Board of County
Commissioners may consider amendments to the text of this chapter if at least one of the six
criteria is met. The proposed amendments are supported by 9.5-11 (d.)(5)b.(iv) New Issues and
9.5-511 (d.)(5)b.(v) Recognition for a need for additional detail or comprehensiveness.
The 1998 Florida Legislature amendment to Section 161.54 (12), Florida Statutes redefined the
term .Substantiallmprovement-. The new issue is the deletion of the -cumulative- requirement
and is consistent with the minimum federal floodplain management regulations set forth in 44CFR
Section 60.3; and the provision of a deed restriction is consistent with the requirements
enumerated in Section 9.5-511 (d.)(5)b.(v) (need for additional detail) allowing ~~~_ ~SC:ptive no
P4().()() Page 1 of 2 In~~
finish remedy of the past to be replaced by requiring notice that these areas are restricted from
habitational uses. Therefore, we conclude that the proposed text amendments are consistent
with the requirements enumerated in Section 9.5-511 (d.)(5)b.(iv) New Issues and 9.5-
511 (d.){5)b.(v) Need for additional detail or comprehensiveness.
2. Based upon Monroe County Year 2010 Comprehensive Plan Goal 101 and Objective 101.8, we
find that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent
with the applicable provisions of the Land Development Regulations and the Future Land Use
Map, and structures which are inconsistent with applicable codes and land development
regulations. Therefore, we conclude that the proposed text amendments are consistent with the
Monroe County Year 2010 ComDrehensive Plan regarding structures that are inconsistent with
applicable codes.
3. Based upon Policy 101.8.10 of the Monroe County Year 2010 Comorehensive Plan. we find that
nonconfonning structures which are damaged or destroyed so as to require substantial
improvements shall be repaired or restored in confonnance with all applicable provisions of the
current Monroe County Code. Therefore, we conclude that the proposed text amendments are
consistent with the goals, objectives and policies of the Monroe County Year 2010 Comorehensive
Plan; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY FLORIDA, that the
preceding Findings of Fact and Conclusions of Law, support their decision to RECOMMEND
APPROVAL AS AMENDED to the Board of County Commissioners of the request filed by the Monroe
County Planning Department for amendments to Sections 9.5-315, 9.5-316 and 9.5-317 of the Monroe
County Land Development Regulations concerning the Floodplain Management Ordinance.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular
meeting held on the 24th day of May, 2000.
Chair Mapes Yes
Vice Chair Stuart Yes
Commissioner Marr Yes
Commissioner Wer1ing Yes
Commissioner Hill Yes
BY
ONROE COUNTY, FLORIDA
~
BY Attomey's Office
Signed this
P40-00
1~
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