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Item S2 S.2 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting October 19, 2022 Agenda Item Number: S.2 Agenda Item Summary #11207 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance Proposing Amendments to Monroe County Land Development Code Section 102-57 (Nonconforming Structures), Section 131-1 (Required Setbacks), and Section 131-3 (Applicability Of Required Setbacks), to Facilitate the Elevation (Lifting Up) of Lawfully-Existing Residential Dwelling Units To or Above Base Flood Level to Reduce the Risk of Future Flood Damage by Providing Standards, Waivers, or Reductions to Certain Setback and Open Space Requirements, and to Allow for Necessary Improvements, Including Structure Ingress and Egress for Mechanical, Plumbing, and Electrical Systems, Appliances, and Components. ITEM BACKGROUND: On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with maximum sustained winds of 130 mph and 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. Following this flooding event and years of associated recovery, on July 21, 2021, the BOCC discussed whether to direct staff to process a land development code amendment to provide allowances within certain setback and open space requirements, to facilitate elevating existing dwelling units; and directed staff to further post-disaster recovery and resiliency, by allowing elevating (lifting up) a dwelling unit within the original (existing) footprint of the structure and to eliminate impediments to elevating lawfully-existing residential dwelling units, not including mobile homes, above base flood level to reduce future flood damage. On April 20, 2022, the Monroe County Board of County Commissioners ("BOCC) held a public hearing and approved transmittal to the State Land Planning Agency of amendments creating Policy 101.5.34 and amending Policy 101.9.4 of the Monroe County Year 2030 Comprehensive Plan related to the elevation of lawfully existing residential dwelling units. The DEO reviewed the amendment and issued an Objections, Recommendations and Comments ("ORC) report, received by the County on July 19, 2022. The ORC report stated, "The Department Packet Pg.4897 S.2 does not identify any objections or comments on the proposed amendment." The County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment. The Comprehensive Plan amendments are also scheduled for public hearing and adoption at the October 19, 2022 BOCC meeting. The proposed text amendments in this item to Land Development Code Section 102-57 Nonconforming Structures, Section 131-1 Required Setbacks, and 131-3 Applicability of Required Setbacks are necessary to be consistent with the proposed comprehensive plan amendments. Sections 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and implement the Comprehensive Plan. Proposed Land Development Code amendments: Sec. 102-57. Nonconforming Structures. (a) Authority to continue. A nonconforming structure devoted to a use permitted in the land use (zoning) district in which it is located, or devoted to a nonconforming use with authority to continue pursuant to Section 102-56, may be continued in accordance with the provisions of this section. (b) Ordinary repair and maintenance. Normal maintenance and repair of nonconforming structures registered in accordance with section 102-55 may be performed. (c) Enlargements, expansions, and extensions. Lawful nonconforming structures that are used in a manner conforming to the provisions of this Land Development Code and the Comprehensive Plan may be enlarged, expanded, or extended,provided that: (1) The improvement does not constitute a substantial improvement; (2) A nonconforming use is not located in the nonconforming structure; and (3) The nonconformity is not further violated. (d) Relocation. A nonconforming structure, other than a historic structure listed on the National Register of Historic Places, the Florida Inventory of Historic Places, and/or designated as historic by the BOCC, shall not be moved unless it thereafter shall conform to the regulations of the land use (zoning) district in which it is relocated. (e) Termination, Damage or Destruction and Retrofits. (1) Abandonment. Where a nonconforming structure is voluntarily abandoned for 18 consecutive months, then such structure shall be demolished, removed or converted to a conforming structure. (2) Damage or destruction. a. A nonconforming structure that is damaged or destroyed to the extent of less than 50 percent of the fair market value of such structure may be restored as of right if a building permit for reconstruction is issued within six months of the date of the damage (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). b. Except as provided in section 135-5, chapter 122 in regard to mobile homes, and section 130-163, any nonconforming structure that is damaged or destroyed so as to require substantial improvement may be repaired or restored only if the structure conforms to the provisions of the land use (zoning) district in which it is located. Fair market value shall be determined Packet Pg.4898 S.2 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. C. Substantial improvement or reconstruction of nonconforming single-family dwelling unitsr—esunitsr_�_ es shall comply with all applicable setback and open space provisions of this Land Development Code set forth in chapters 130 and 131 except where strict compliance would result in a reduction in lot coverage as compared to the pre-destruction footprint of the dwelling unith-& s . In such cases, the previously approved open space ratio shall be applied; and the maximum shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high water. (3) Elevation Retrofits. To further recovery, post disaster and resiliency, as provided in Comprehensive Plan Policy 101.5.34 and Policy 101.9.4, a lawfully-existing residential dwelling unit, not including mobile homes, may be retrofitted to elevate the structure above base flood level to reduce flood damage,pursuant to: a. The lawfully-existing dwelling unit structure may maintain its existing setbacks and open space, even if nonconforming, provided the structure is elevated within the original_ (existing) footprint of the structure. b. Setbacks and land use open space requirements are waived to allow necessary improvements to a dwelling unit being retrofitted by elevating g the unit to meet or exceed flood levels. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. C. Side and rear setback requirements are waived to allow accessory elevated platforms above base flood for equipment (mechanical, plumbing and electrical systems, apliances and components) situated at least two (2) feet from the side yard property line or at least five (5) feet from the rear yard property line. d. Maximum possible shoreline setbacks and open space are to be maintained, and in no event shall a required shoreline setback be reduced to less than ten (10) feet from mean high water except to accommodate the lawfully existing footprint of the structure to be elevated. e. The improvements shall be constructed to avoid off-site discharge of stormwater from the subject parcel, in accordance with Section 114-3 of the Monroe County Land Development Code. f. Development shall maintain compliance to the maximum extent practicable, as determined by the Planning Director. g. This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a conservation easement. h. This Policy does not restrict a property owner from proposing other additions or improvements to the elevated dwelling unit, as long as the additions, Packet Pg.4899 S.2 enlargements, expansions, and extensions do not create a nonconformity or cause a further violation to an existing nonconformity. i. New construction or reconstruction of single-family dwelling units shall comply with the setback and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in Chapters 118, 130, and 131 of the Monroe County Land Development Code. (4) Amortization. Any nonconforming structure may be subject to compulsory termination when it is found detrimental to the conservation of the value of surrounding land and improvements, and therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory termination of a nonconforming structure, the BOCC will establish a definite and reasonable amortization period during which the nonconforming structure may continue while the investment value decrement resulting from termination is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming structure less their value and condition for a conforming structure, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice. (f) Water-dependent and water-related commercial nonconforming structures. Lawfully established water-dependent and water-related nonresidential structures which are identified as a source of economic sustainability within a Livable CommuniKeys Plan may be permitted to be rebuilt even if 100 percent destroyed provided that they are rebuilt to preexisting use 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. Sec. 131-1. Required Setbacks. (a) Unless otherwise allowed for in this Land Development Code, no structure or land shall be developed, used or occupied except in accordance with the bulk regulations set out in the following table. Primary Secondary Primary Secondary Front Front Side Yard Side Yard Rear Yard Land Use District/Land Use Yard Yard (ft.)*** (ft.) *** (ft.) *** (ft.) *** (ft.) *** Airport(AD) 25 25 10 10 25 Commercial 1 (Cl) 25 15 10 5 10 Commercial 2 (C2) 15 15 10 5 10 Commercial Fishing Area (CFA), Commercial Fishing Special District 25 15 10 5 20 (CFSD), and Commercial Fishing Village(CFV) Packet Pg.4900 S.2 Conservation(C) 25 15 10 5 20 Destination Resort(DR) 50 25 20 15 30 Improved Subdivision(IS) 25 15 10 5 20 Industrial(I) 25 15 10 5 25 Mainland Native(MN) 25 25 10 5 20 Maritime Industries(MI) 25 25 10 5 25 Military Facilities(MF) 25 15 10 5 20 Mixed Use(MU) 15 15 10 5 10 Native Area(NA) 25 15 10 5 20 Offshore Island(OS) 25 15 10 5 20 Park and Refuge(PR) 25 15 10 10 10 Recreational Vehicle(RV)* 25 15 10 5 10 Sparsely Settled(SS) 25 15 10 5 10 Suburban Commercial(SC) 25 15 10 5 10 Suburban Residential(SR) 25 15 10 5 10 Suburban Residential Limited(SR-L) 25 15 10 5 10 Urban Commercial(UC) 15 15 10 5 10 Urban Residential(UR): 15 15 10 5 10 Urban Residential Mobile Home (URM)** Lots less than 50 feet wide 10 10 5 5 10 Lots 50 feet wide or greater 10 10 10 5 10 Urban Residential Mobile Home Limited 10 10 10 10 10 (URM-L)** *For RV parks within the RV Land Use District, the RV setback requirements shall apply to the district/RV park boundaries and not to the interior RV spaces. **For mobile home parks within the URM and URM-L Land Use Districts,the setback requirements shall apply to the district/mobile home park boundaries and not to the interior mobile home spaces. ***Notwithstanding the required setbacks, elevating a dwelling unit above base flood level to reduce flood damage may encroach the required setbacks,as provided in Policies 101.5.34 and 101.9.4 and Sections 102-57 and 131-3. (b) Applicability of required setbacks. Packet Pg.4901 S.2 6FELKMILMI! QE f PRiraaRY I FRON7YARD k _J k �5ET0AAGK � PRIMARY 511DE YAR17 .................. 5113E YARD------, k SETt"aaGK G REAR YARD? �- - — — —— —— — — — —— —— — - ....... ..PROPERTY C,0PNER Sec. 131-3. Applicability of Required Setbacks. (a) Bufferyards. When a bufferyard is required under the provisions of Chapter 114, Article V, compliance with the bufferyard provisions along a property line shall relieve the necessity of complying with the setback provisions along the same property line if the width of the bufferyard is greater than the applicable setback requirement set forth in Section 131-1. (b) Shoreline setbacks. All development shall be set back from shorelines as required in Section 118-12. Docking and mooring facilities within the shoreline setback shall be set back from side property lines in accordance with Section 118-12. The side yard setback does not apply to a utility pole, utility rack, seawall, fence, retaining wall, or marginal dock. (c) Front yard setbacks. A front yard is a required setback on a parcel of land that is located along the full length of the front property line of the parcel, is generally the property frontage to which development on the parcel is oriented and is generally adjacent a road. On parcels fronting more than one road, such as corner lots and double frontage parcels, each yard along a road shall be a front yard. The front yard setback does not apply to a utility pole or utility rack. (1) Single frontage parcels. For a parcel that has only a single road frontage, the primary front yard requirement set forth in Section 13 1-1 shall be applied. (2) Double frontage parcels. For a parcel that has road frontage along two or more roads, the primary front yard requirement set forth in Section 131-1 shall generally be applied to the front yard to which development on the parcel is oriented. The secondary front yard requirement set forth in Section 13 1-1 shall be applied to the remaining front yard(s). For parcels located within the median of U.S. Highway 1, the primary front yard requirements shall be applied to both front yards situated along the highway right-of-ways. Packet Pg.4902 S.2 (3) Accessory driveways and walkways. Accessory structures, limited to driveways and walkways, may be permitted within a required front yard setback provided they do not exceed six (6) inches in height as measured from grade. In no event shall the total combined area of all accessory structures occupy more than 60 percent of the required front yard setback area. (4) Off-street parking on residentially developed parcels. Any required off-street parking spaces may be located on an accessory driveway within the front yard setback on a parcel developed exclusively with a residential use. Any vehicle utilizing such an off-street parking space shall be properly licensed and operable. (5) Signs, fences and landscaping. Signs as permitted in Chapter 142, fences as permitted in Chapter 114 and landscaping may be permitted in a required front yard setback. (6) Ingress and Egresse or lawly established residential dwelling units retrofitted to elevate the structure above base flood level. Retrofitting a lawfully existing residential dwelling unit, not including mobile homes, to elevate the unit above base flood level to reduce flood damage may encroach the front yard requirement set forth in Section 13 1-1 to allow necessary improvements to access the dwelling unit. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. (d) Side yard setbacks. A side yard is a required setback on a parcel of land that is located along the full length of the side property line and is generally between the front and rear property lines. The side yard setback does not apply to a utility pole, utility rack, seawall, fence, retaining wall, or marginal dock. (1) Side yard requirements (excluding four-sided platted corner lots). With the exception of four-sided platted corner lots, the primary side yard requirement set forth in Section 13 1-1 shall be applied to one side yard. The secondary side yard requirement set forth in Section 131-1 shall be applied to any remaining side yards. (2) Side yard requirements for four-sided platted corner lots. On a platted corner lot with only four sides, there shall be a primary front yard, secondary front yard, rear yard, and a single side yard. For such lots, there shall be no primary side yard setback requirement, and the single side yard shall be subject to the secondary side yard setback requirement set forth in Section 131-1. (3) Accessory driveways, walkways, patios and decking on residentially developed parcels. Accessory structures, limited to driveways, walkways, patios, and decks, may be permitted within a required side yard setback on a parcel developed exclusively with a residential use if the structure meets the provisions of this subsection. Such an accessory structure shall a) not exceed six (6) inches in height as measured from grade; b) be situated at least one (1) foot from the side yard property line; and c) be constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3. In no event shall the total combined area of all accessory structures occupy more than 80 percent of the required side yard setback area. Packet Pg.4903 S.2 (4) Accessory stairs and platforms to elevate mechanical, plumbing electrical equipment ?�-,2k-45, 2042. Accessory structures, limited to stairs and platforms, may be permitted within a required side yard setback on a parcel developed exclusively with a residential use if the following provisions are met: 241-2-, ab) the accessory structure is required to elevate mechanical, plumbing and electrical equipment at or above required flood elevations; hp) the accessory structures are be situated at least two (2) feet from the side yard property line; and cd) the accessory structures must be constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3; and- �dLiln no event shall the total combined area of all accessory structures occupy more than 80 percent 80% of the required side yard setback area. (5) Ingress and Egress for lawfully established residential dwelling units retrofitted to elevate the structure above base flood level. Retrofitting a lawfully existing residential dwelling unit, not including mobile homes, to elevate the unit above base flood level to reduce flood damage ge may encroach the primary side yard requirement set forth in Section 13 1-1 to allow necessary improvements to access the dwelling unit. The necessary improvements are limited to ingress/egress_ structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. (e) Rear yard setbacks. A rear yard is a required setback on a parcel of land that is located along the full length of the rear property line and is generally on the side opposite to the primary front yard. The rear yard setback does not apply to a utility pole or utility rack or plumbing and electric fixtures for a vessel pumpout. (1) Accessory structures on residentially developed parcels. An accessory structure may be permitted within a required rear yard setback on a parcel developed exclusively with a residential use if the structure meets the provisions of this subsection. An accessory structure not exceeding eighteen (18) inches in height as measured from grade may be permitted if the structure is a) situated at least one (1) foot from the rear yard property line and b) constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3. An accessory structure not exceeding twelve feet (12) feet in height as measured from grade may be permitted if the structure is a) situated at least ten (10) feet from the rear property line. In no event shall the total combined area of all accessory structures occupy more than 60 percent of the required rear yard setback area. (2) Ingress and Egress e or lawly established residential dwelling units retrofitted to elevate the structure above base flood level. Retrofitting a lawfully existing residential dwelling unit, not including mobile homes, to elevate the unit above base flood level to reduce flood damage may encroach the rear yard requirement set forth in Section 13 1-1 to allow necessary improvements to access the dwelling unit. The necessary improvements are limited to ingress/egress structures (stairs, Packet Pg.4904 S.2 ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. (3) Accessory stairs and platforms to elevate mechanical, plumbing and electrical equipment. Accessory structures, limited to stairs and platforms, may be permitted within a required rear setback on a parcel developed exclusively with a residential use if the following provisions are met: a) the accessory structure is required to elevate mechanical, plumbing and electrical equipment at or above required flood elevations, b) the accessory structures are situated at least five (5) feet from the rear yard property line, and c) maximum shoreline setbacks are to be maintained and, in no event shall a shoreline setback be less than ten (10) feet from mean high water, d) the accessory structures must be constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3, and e) in no event shall the total combined area of all accessory structures occupy more than 60 percent(60%) of the required rear yard setback area. Staff is proposing the amendments above in order to better accommodate the needs of existing residential structures for which elevation above required flood heights has been determined to be feasible. Such retrofitting of existing construction allows the homeowner to reuse materials, energy, and other resources expended in the original construction of the home; offers solutions to homeowners that may be more economically advantageous than complete reconstruction; and encourages property owners to make their homes more resilient to storm events and sea level rise. On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with maximum sustained winds of 130 mph and flooding occurred in various neighborhoods. 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. To provide additional protection to residents that reside in mobile homes in flood hazard areas, reduce the repeated impacts by flooding, and enhance public health, safety and welfare, the County already adopted an amendment to eliminate the ability for a mobile home to be placed at an elevation below base flood elevation. Further, the County has embarked on proactively assisting property owners with voluntary elevations through FEMA funded grant programs. In order to encourage participation in proactive flood mitigation projects, such as elevations, staff recommended to the BOCC to consider allowing owners to elevate their homes, in place (within the existing footprint of the house), without the need for variances to setbacks, etc. If a house was built before current code requirements for setbacks and open space, it is possible the house location on a site is Packet Pg.4905 S.2 currently nonconforming, and the current code requires that structures undergoing substantial improvement, where work equals or exceeds 50 percent of the structure's market value, be fully rebuilt to the current code (come into compliance with current requirements). Additional amendments are needed to provide allowances within certain setback and open space requirements, to allow elevations and eliminate impediments to elevating lawfully- existing residential dwelling units, not including mobile homes, above base flood level to reduce future flood damage. This is particularly important, in light of the impacts of Hurricane Irma, the County's better understanding of the flood risks associated with structures below base flood elevation, the opportunity for property owners to reduce their insurance premiums by elevating homes, and the County's ongoing participation in numerous recovery, post disaster and resiliency programs. Further, as the County begins elevating roadways and improving drainage in low lying neighborhoods, it is important to encourage private property owners to elevate their homes. Property owners may self-fund improvements to their homes to elevate above base flood levels and there may be additional funding opportunities with the County participating in several grant programs to provide for the mitigation of flood risks, such as: • 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 • Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes Considering these programs, and the County's current effort to utilize the FEMA Flood Mitigation Assistance (FMA) Grant Program (typically federal funding is available for up to 75 percent of the eligible activity costs) and similar funding opportunities, the County is taking steps to further facilitate reducing the risk of future damage, hardship, loss, or flood damage within the community. Constructing above base flood elevation can reduce or avoid future flood losses, and assists both the property owner and the County in being more resilient and recovering after a storm/ flooding event. Elevating structures for mechanical, plumbing and electrical systems, appliances and components is important portion of reducing the risk of flood damage. The Florida Building Code (2020) requires 1-foot above base flood elevation (or 1 foot of freeboard) for residential development including its machinery and equipment systems. Additionally, typically a property owner's flood insurance premiums are lower when the machinery and equipment is elevated. Excerpts from the Florida Building Code: Packet Pg.4906 S.2 R322.1.6 Protection of mechanical,plurnibing and electrical systems. Electrical systems, equhpment and components; heating„ ventilating, air conditioning; plumbing appliances and plumbing fixtures;duct systems; ands other service equipment shall be located at or above the elevation regwuuredi in Section R322.2 or h 322.3. If replaced as part ate substanti all improvement,electrical systems, equipment and components; heating,ventilating, air conditioning and plumbing appliances and plumbing fixtures;duct systems; andl other service equipment shall[meet the requirements of this section. Systems,fixtures„ and equipment and components shall not be mounted on or penetrate through walls untended to break away under flood loads. Exception: Locating electrical systems,equipment and components, heating, ventilating,aIr conditioning, plumbing appliances and plumbing fixtures; duct systems, and'other service equnpment is permitted below fie elevation required in Section R322.2 or R322.3 provided that they are designed and Installed to prevent water from entering or accumulating within the components and to resist hydrostatic and l'nydrodynamic loads and stresses, Inclyding the effects of buoyancy, during Ihie occurrence of flooding to the design flood elevation in accordance wviith ABLE 24.Equipment for pools, spas and water features shall be permitted below the elevation required in Section R322.2 or R322.3 provided it is elevated to the extent practical and is anchored to prevent floatation and resist flood forces and is supplied by branch circu,iits that have ground fault crcult Interrupter protection. Electrical wiring systems are permitted to be located below the required elevation provided that they conform to the provisions of the electrical part of Ihus code for wet locations. 1132.22 Flood) hazard areas(including A Zones).,areas that have been determined to be prone to flloc,ftg and that are not subject tin highwveiocity wave action shall, be designated as flood h�:ard areas„ Flood hazard areas that have been delineated as subject to wave heights between 1 112 feet (457 min) and 3 feet(914 mm)or otherwise designated by the jurisdiction shrill be designated as CoastaiA Zones and are subject to the requirements of Section R3;22.3: Buildings and structures constructed:in whole or in part in flood hazard areas shall be designed and constructed in accordance wwiith Sections R322.2,1 through R322:,23, NI 322.,2.'t Elevation requ:imrnernts. 1. Buildings and structures,in flood hazard areas including flood hazard areas designated!as oastal Zones shall have the lowest floors elevate to or above the base flood elevatlorn plus 11 fool(305 ururn)m or the design flood elevation,wwhictnerver is higher„ 2. In,areas of shallow flooding i(AO Zones),lbulldings and structures shall have the Kest floor (including basement)elevated to a height above the highest adjacent grade of not,Less than the depth number speciffiedl in feet(mm)on the FIRM plus 1 faint Glib mm),or not less than 3 feet(gb b aim)if a dlepth number us not specified,. . Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus I foot(305 nv n),, or the design,flood elevation,whichever is hiigher.. Exception: Enclosed areas below the design flood ehevation, including basements with floors that are not below grade on all sides, shall) meet the requirements of Beion 322.2.2.. 11 22.3.2Elevation requirements. 1, Buildings-and structures erected within coastal Nglh haaa rd areas and Coastal A Zones, shall be elevated sou that the bottom of the lowest horizontal structure members supportingi the lowest fluocr, with the exception of pilings„ pile caps, columns, grade beams and bracing is elevated to or above the base flood l elevation phus I foot(303 mm,)or the design flood elevation, w hichever is higher. 2. Basement floors that are below grade an all sides are prohil ited. 3, 'The use of fill for structural support is prohnublted. 4. Miinor grafdliir-ag, and lie placement of rnlnor givanfltles of fill„shell be permitted for landscaping and for drainage purposes under and around buildings and for support of parlaing slabs„pawl decks, patios and walkways. b,Falls and partitions enclosing areas below the design flood elevation, shall meet the req,ulrernernts of Sections R322.3..5 and R322.3.6. ---------------------------------------------------------------------------------------- Packet Pg.4907 S.2 Examples of elevated components, from FEMA P-348: it r ..........r olbulua roluvaal^artrnacauarzal ...... ILen,i pianxanai stnurttcur-wV............m rritsrroVrmr sA fall®va�peep Ouvadi¢tlVmt� onu;rnB�xam of rfusvvutad tlYeuou49uug Irust.r01 servius auu7rneUrki.-o.rg., e�laarttrls 0 r nu4 n'Autar BtbltsFllltane'p V f-0 UtalOar, 110'el r.tlrorr / bvrawss'J w&yaws flvanr9 Brrof'lo'a lewd, Iar9zel€SI�rGria;al d / nm le srcrl 5 tfp©E Mn av It'ss aar rurrduK�do 'is em ItimeBwarrl side Oaf gtlh.r went cel sv�C>paaet rosru7lror,r,. m e lo,la Is .091- S-wF Go ru cl nail.:t rr.,. siraps a, (2 f-t us—W,,„ p Pilo maymknmr) VON"srveoam downstrearlN w. Ww,w7iP"�i"Ubi lalifinl sorvice pand to be alVev led an polar ed flrom floadling,Electrical compoinients p8laldl belaw'Hie flood, r section NVOI realialill wwol to pfotecticin umu'mw�mH x,," Mao wg r / Packet Pg.4908 i4 I T I C,,WHQN NI 1Y I ` FOR RE S I DE�'11 Pd DI U I Figiure 4-2,UavaW HVAC owdorsser unds ini a coastal zone with a pflohwfive railling instahled(Gaivolon Jj j �G% Island,Texas) Further, Monroe County has a achieved a Class 3 in the NFIP CRS Program and receives a 35% discount on flood insurance premiums. The 2017 CRS manual update includes a recent 2021 Addendum, which now establishes a CRS Class 8 prerequisite to require 1-foot of freeboard for residential development including machinery or equipment. This requirement comes directly from the model International Residential Code (IRC). Since 2015, the IRC has required machinery or equipment to be elevated with the exception of specially-designed equipment. Floodproofing around machinery or equipment is not allowed in the IRC and is not sufficient to meet the Class 8 prerequisite. Community Meeting and Public Participation In accordance with Land Development Code ("LDC") Section 102-159(b)(3), a Community Meeting was held on October 14, 2021, to provide for public input. There was one (1) member of the public in attendance. Development Review Committee and Public Input The Monroe County Development Review Committee considered the proposed amendment at a regular meeting on November 15, 2021, and received public input. Planning Commission and Public Input The Monroe County Planning Commission considered the proposed amendment at a regular meeting on January 26, 2022, provided for public input, and recommended approval. ------------------ Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the Planning Commission, the Director of Planning, 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 on to the Development Review I Packet Pg.4909 S.2 Committee and the Planning Commission. The Planning Commission shall hold at least one (1)public hearing. The Planning Commission shall review the application, the reports and recommendations of the Monroe County Planning and Environmental Resources Department and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the Board of County Commissioners. The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive plan amendment, and considers the Monroe County Planning and Environmental Resources Department's professional staff report, professional staff recommendation, and the testimony given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal and issues an Objections, Recommendations and Comments ("ORC") Report. Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment. PREVIOUS RELEVANT BOCC ACTION: The County's previous Evaluation and Appraisal Report (EAR) was adopted by the BOCC on May 22, 2012 via Resolution No. 150-2012. The BOCC adopted the 2030 Comprehensive Plan in April 2016, pursuant to Ordinance No. 005- 2016, which included the County's EAR-based amendments. At the February 17, 2021 BOCC meeting, the Board of County Commissioners discussed the draft evaluation and appraisal notification letter to the DEO. On April 21, 2021, the Board of County Commissioners authorized the Mayor to sign the County's Evaluation and Appraisal Notification Letter to DEO. On March 16, 2022, the BOCC held a public hearing to consider transmittal to the State Land Planning Agency of the EAR-based amendments to the Monroe County Year 2030 Comprehensive Plan, and, during that hearing, continued the hearing for proposed changes to Policy 101.5.34 and Policy 101.9.4 related to the elevation of lawfully existing residential dwelling units to the April 20, 2022 meeting. On April 20, 2022, the Monroe County Board of County Commissioners held a public hearing to consider proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4 related to elevation of existing dwelling units, and adopted Resolution 138-2022, approving transmittal of the proposed amendments to DEO. CONTRACT/AGREEMENT CHANGES: N/A Packet Pg.4910 S.2 STAFF RECOMMENDATION: Approval, contingent on approval of corresponding Comprehensive Plan amendment. DOCUMENTATION: Ordinance - Adoption of LDC Elevation of Homes 2021-131 BOCC STAFF REPORT 10.19.22 Ex. 1—BOCC Agenda item K6_July 212021 BOCC Meeting Corresponding Comprehensive Plan Proposed Ordinance -Policy 101.5.34 and 101.9.4 elevation of existing dwellings FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Emily Schemper Completed 10/03/2022 3:56 PM Peter Morris Completed 10/04/2022 3:10 PM Purchasing Completed 10/04/2022 3:12 PM Budget and Finance Completed 10/04/2022 3:22 PM Brian Bradley Completed 10/04/2022 3:24 PM Lindsey Ballard Completed 10/04/2022 3:37 PM Board of County Commissioners Pending 10/19/2022 9:00 AM Packet Pg.4911 S.2.a r 3s 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 0 8 ORDINANCE NO. -2022 9 0 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY g 11 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LAND > 12 DEVELOPMENT CODE SECTION 102-57 (NONCONFORMING STRUCTURES), W 13 SECTION 131-1 (REQUIRED SETBACKS),AND SECTION 131-3 (APPLICABILITY OF 14 REQUIRED SETBACKS), TO FACILITATE THE ELEVATION (LIFTING UP) OF 15 LAWFULLY-EXISTING RESIDENTIAL DWELLING UNITS TO OR ABOVE BASE 0 16 FLOOD LEVEL TO REDUCE THE RISK OF FUTURE FLOOD DAMAGE BY 17 PROVIDING STANDARDS, WAIVERS, OR REDUCTIONS TO CERTAIN SETBACK 18 AND OPEN SPACE REQUIREMENTS TO ALLOW FOR NECESSARY E 19 IMPROVEMENTS, INCLUDING STRUCTURE INGRESS AND EGRESS FOR 20 MECHANICAL, PLUMBING, AND ELECTRICAL SYSTEMS, APPLIANCES, AND E d 21 COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF U 22 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE 23 LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR U) 24 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND 25 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.' 26 0 27 28 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida Statutes, 29 Monroe County possesses the police power(s) to enact ordinances in order to protect the health, safety, 30 and welfare of the County's residents and citizens; and is 31 32 WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the 0 33 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update 34 comprehensive plans to reflect changes in local conditions; and 35 36 WHEREAS, on April 13, 2016, the Monroe County Board of County Commissioners (`BOCC", a� 37 "Monroe County", or the "County") adopted the 2030 Monroe County Comprehensive Plan pursuant to 38 Ordinance No. 005-2016, which included the County's EAR-based amendments and the 2030 Monroe 39 County Comprehensive Plan became effective upon the posting of the Notice of Intent on the Department 40 of Economic Opportunity ("DEO")website on June 20, 2016; and 0 41 42 WHEREAS, on September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a E 43 Category 4 Hurricane with maximum sustained winds of 130 miles-per-hour and caused significant 44 damage throughout the Florida Keys,particularly to structures built prior to the upgraded Florida Building < 45 Code adopted after Hurricane Andrew, to non-elevated structures and to mobile homes; and Monroe County Planning and Environmental Resources Department File No.2021-131. 1 of 10 Packet Pg.4912 S.2.a I WHEREAS, on July 21, 2021, the BOCC discussed whether to direct its professional staff to 2 process a Land Development Code amendment to provide allowances within certain setback and open 3 space requirements, to facilitate elevating dwelling units; and 4 5 WHEREAS, on July 21, 2021, the BOCC directed its professional staff to further recovery, post 6 disaster and resiliency, by allowing elevating (lifting up) a dwelling unit within the original (existing) 7 footprint of the structure and to eliminate impediments to elevating lawfully-existing residential dwelling E 8 units, not including mobile homes, above base flood level to reduce future flood damage; and 4- 9 0 10 WHEREAS, pursuant to Section 163.3191, Florida Statutes, Monroe County must evaluate its 2 11 Comprehensive Plan every seven (7) years to determine if amendments are necessary to reflect changes 12 in State requirements; and W 13 14 WHEREAS, Monroe County is proposing amendments in accordance with the 2021 evaluation CL 15 and appraisal("EA")notification letter, and amendments to facilitate the elevation(lifting up)of lawfully- ,0 16 existing residential dwelling units by providing waivers or reductions to certain setback and open space 17 requirements to allow necessary improvements to provide access (stairs, ramp, etc.) to a house elevated 18 above base flood level to reduce the risk of future flood damage; and ,E 19 20 WHEREAS, the proposed text amendment to the Land Development Code is necessary to be < 21 consistent with the proposed comprehensive plan amendments, as specified in Sections 163.3194 and U 22 163.3201, Florida Statutes, which require land development regulations to be consistent with and 23 implement the Comprehensive Plan; and U) 24 25 WHEREAS, Monroe County policies and regulations adopted in the Monroe County X 26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 0 27 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and 28 development; and 29 w 30 WHEREAS, the Monroe County Planning and Environmental Resources Department U 31 ("Department") conducted a Community Meeting on October 14, 2021, to review the proposed 32 amendment and to receive public comment; and 0 33 2 34 WHEREAS, the Monroe County Development Review Committee ("DRU) reviewed and 0 35 considered the proposed amendments at a regularly scheduled meeting held on November 15, 2021; and 36 37 WHEREAS, the Monroe County Planning Commission ("PC") held a public hearing on January 38 26, 2022, for review and recommendation on the proposed amendment; and 39 40 WHEREAS, the Monroe County Planning Commission adopted PC Resolution No. 04-22 41 recommending approval for the proposed amendment; and 42 43 WHEREAS, at a regularly scheduled meeting held on October 19, 2022, the Monroe County 44 Board of County Commissioners held a public hearing, considered the Department's professional staff < 45 report, and provided for public comment and public participation in accordance with the requirements of 46 state law and the procedures adopted for public participation in the planning process; and 2of10 Packet Pg.4913 S.2.a I WHEREAS, based upon the documentation submitted and information provided in the 2 accompanying staff report, the Monroe County Board of County Commissioners makes the following 3 findings of fact and conclusions of law: 4 5 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030 6 Monroe County Comprehensive Plan; and 7 2. The proposed amendment is consistent with the Principles for Guiding Development for the E 8 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 4- 9 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statute; and a 10 4. The proposed amendment is necessary due to new issues and the need for additional detail or 2 11 comprehensiveness, as required by Section 102-158 of the Monroe County Code. 12 W 13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 14 OF MONROE COUNTY, FLORIDA: 15 ,0 16 Section 1. The foregoing recitals and statements of legislative purpose and intent are true and correct 17 and are hereby incorporated as if fully set forth herein. 18 19 Section 2. The Monroe County Land Development Code is hereby amended as follows: u 20 d Proposed Amendment: deletions are st+i kef t4-e additions are shown in underlined). U 21 U) 22 Sec. 102-57. Nonconforming Structures. E 23 (a) Authority to continue. A nonconforming structure devoted to a use permitted in the land use X 4- 24 (zoning) district in which it is located, or devoted to a nonconforming use with authority to 0 25 continue pursuant to Section 102-56,may be continued in accordance with the provisions of this 2 26 section. > 27 (b) Ordinary repair and maintenance. Normal maintenance and repair of nonconforming a� 28 structures registered in accordance with section 102-55 may be performed. U 29 (c) Enlargements, expansions, and extensions. Lawful nonconforming structures that are used in 4- 30 a manner conforming to the provisions of this Land Development Code and the Comprehensive 0 31 Plan may be enlarged, expanded, or extended,provided that: 32 (1) The improvement does not constitute a substantial improvement; 33 (2) A nonconforming use is not located in the nonconforming structure; and 34 (3) The nonconformity is not further violated. 35 (d) Relocation. A nonconforming structure, other than a historic structure listed on the National 36 Register of Historic Places, the Florida Inventory of Historic Places, and/or designated as 37 historic by the BOCC, shall not be moved unless it thereafter shall conform to the regulations of 0 38 the land use (zoning) district in which it is relocated. 39 (e) Termination, Damage or Destruction and Retrofits. 40 (1) Abandonment. Where a nonconforming structure is voluntarily abandoned for 18 a 41 consecutive months, then such structure shall be demolished, removed or converted to a 42 conforming structure. 43 (2) Damage or destruction. 44 a. A nonconforming structure that is damaged or destroyed to the extent of less than 50 45 percent of the fair market value of such structure may be restored as of right if a 3of10 Packet Pg.4914 S.2.a I building permit for reconstruction is issued within six months of the date of the 2 damage (such damage or destruction may be voluntarily or due to natural phenomena 3 whose effects could not be prevented by the exercise of reasonable care and foresight). 4 b. Except as provided in section 135-5, chapter 122 in regard to mobile homes, and 5 section 130-163, any nonconforming structure that is damaged or destroyed so as to 6 require substantial improvement may be repaired or restored only if the structure U) 7 conforms to the provisions of the land use (zoning) district in which it is located. Fair E 8 market value shall be determined by reference to the official tax assessment rolls for 4- 9 that year or by an appraisal by a qualified independent appraiser. The extent of damage a 10 or destruction shall be determined by the building official, in consultation with the 2 11 Planning Director, by comparing the estimated cost of repairs or restoration with the 12 fair market value. W 13 C. Substantial improvement or reconstruction of nonconforming single-family dwelling 14 unitsr-esidenees shall comply with all applicable setback and open space provisions of 2 15 this Land Development Code set forth in chapters 130 and 131 except where strict ,0 16 compliance would result in a reduction in lot coverage as compared to the pre- 17 destruction footprint of the dwelling _unitese. In such cases,the previously approvedunitese. In such cases the previously approved 18 open space ratio shall be applied; and the maximum shoreline setback shall be ,E 19 maintained and in no event shall the shoreline setback be less than ten (10) feet from 20 mean high water. E 21 (3) Elevation Retrofits. To further recovery, post disaster and resiliency, as provided in U 22 Comprehensive Plan Policy 101.5.34 and Policy 101.9.4, a lawfully-existing residential 23 dwelling unit,not including mobile homes,may be retrofitted to elevate the structure above U) 24 base flood level to reduce flood damage,pursuant to: E 25 a. The lawfully-existing dwelling unit structure may maintain its existing setbacks and X 26 open space, even if nonconforming, provided the structure is elevated within the 0 27 original_ (existing) footprint of the structure. 28 b. Setbacks and land use open space requirements are waived to allow necessary 29 improvements to a dwelling unit being retrofitted by elevating the unit to meet or 30 exceed flood levels. The necessary improvements are limited to ingress/egress U 31 structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the 32 minimum necessary to provide access to the structure that is in compliance with fire 0 33 code requirements. 34 C. Side and rear setback requirements are waived to allow accessory elevated platforms 35 above base flood for equipment (mechanical, plumbing and electrical systems, 36 appliances and components) situated at least two (2) feet from the side yard property 37 line or at least five (5) feet from the rear yard property line. 38 d. Maximum possible shoreline setbacks and open space are to be maintained, and in no = 39 event shall a required shoreline setback be reduced to less than ten(10)feet from mean 40 high water except to accommodate the lawfully existing footprint of the structure to 41 be elevated. 42 e. The improvements shall be constructed to avoid off-site discharge of stormwater from 43 the subject parcel, in accordance with Section 114-3 of the Monroe County Land 44 Development Code. 45 f. Development shall maintain compliance to the maximum extent practicable, as 46 determined by the Planning Director. 47 g. This Policy does not waive any required minimum vegetated setbacks adjacent to 4of10 Packet Pg.4915 S.2.a I wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any 2 encroachments to a conservation easement. 3 h. This Policy does not restrict a property owner from proposing other additions or 4 improvements to the elevated dwelling unit, as long as the additions, enlargements, 5 expansions, and extensions do not create a nonconformity or cause a further violation 6 to an existing nonconformity_ 7 i. New construction or reconstruction of single-family dwelling units shall comply with E 8 the setback and open space provisions set forth in Policy 101.5.25,Policy 212.2.4, and 4- 9 in Chapters 118, 130, and 131 of the Monroe County Land Development Code. � 10 !A,LAmortization. Any nonconforming structure may be subj ect to compulsory termination when 2 11 it is found detrimental to the conservation of the value of surrounding land and 12 improvements, and therefore is tending to deteriorate or blight the neighborhood. In W 13 ordering the compulsory termination of a nonconforming structure, the BOCC will 14 establish a definite and reasonable amortization period during which the nonconforming CL 15 structure may continue while the investment value decrement resulting from termination is ,0 16 amortized. Determination of the amount to be amortized shall be based on the value and 17 condition of the land and improvements for the nonconforming structure less their value 18 and condition for a conforming structure, and such other reasonable costs as the termination ,E 19 may cause. The rate of amortization shall be in accordance with reasonable economic u 20 practice. E 21 (f) Water-dependent and water-related commercial nonconforming structures. Lawfully U 22 established water-dependent and water-related nonresidential structures which are identified as 23 a source of economic sustainability within a Livable CommuniKeys Plan may be permitted to U) 24 be rebuilt even if 100 percent destroyed provided that they are rebuilt to preexisting use and E 25 registered in accordance with section 102-55. Development shall be brought into compliance to M 26 the maximum extent practicable, as determined by the Planning Director. 0 27 28 > 29 Sec. 131-1. Required Setbacks. 30 (a) Unless otherwise allowed for in this Land Development Code, no structure or land shall be U 31 developed, used or occupied except in accordance with the bulk regulations set out in the 4- 32 following table. 33 CL Primary Secondary Primary Secondary 0 Land Use District/Land Use Front Yard Front Yard Side Yard Side Yard Rear Yard a� Airport(AD) 25 25 10 10 25 Commercial 1 (Cl) 25 15 10 5 10 Commercial 2(C2) 15 15 10 5 10 Commercial Fishing Area (CFA), 0 Commercial Fishing Special District 25 15 10 5 20 (CFSD), and Commercial Fishing Village (CF V) c� Conservation(C) 25 15 10 5 20 Destination Resort(DR) 50 25 20 15 30 44 Improved Subdivision(IS) 25 15 10 5 20 Industrial(I) 25 15 10 5 25 Mainland Native(MN) 25 25 10 5 20 5of10 Packet Pg.4916 S.2.a Maritime Industries(MI) 25 25 10 5 25 Military Facilities(MF) 25 15 10 5 20 Mixed Use(MU) 15 15 10 5 10 Native Area(NA) 25 15 10 5 20 Offshore Island(OS) 25 15 10 5 20 Park and Refuge(PR) 25 15 10 10 10 7 Recreational Vehicle(RV)* 25 15 10 5 10 Sparsely Settled(SS) 25 15 10 5 10 0 Suburban Commercial(SC) 25 15 10 5 10 - Suburban Residential(SR) 25 15 10 5 10 C Suburban Residential Limited(SR-L) 25 15 10 5 10 2 Urban Commercial(UC) 15 15 10 5 10 Urban Residential(UR): 15 15 10 5 10 W Urban Residential Mobile Home(URM)** Lots less than 50 feet wide 10 10 5 5 10 0 Lots 50 feet wide or greater 10 10 10 5 10 0. 0 Urban Residential Mobile Home Limited 10 10 10 10 10 (URM-L)** *For RV parks within the RV Land Use District,the RV setback requirements shall apply to the district/RV park boundaries and not to the interior RV spaces. **For mobile home parks within the URM and URM-L Land Use Districts, the setback requirements shall apply to the district/mobile home park boundaries and not to the interior mobile home spaces. ***Notwithstanding the required setbacks, elevating a dwelling unit above base flood level to reduce flood damage may U encroach the required setbacks,as provided in Policies 101.5.34 and 101.9.4 and Sections 102-57 and 131-3. U) E 2 (b) Applicability of required setbacks. 0 APPLICABIr Y OF - REQUHREP 5 T5A CK5 a ',. PRIMARY PRONTYARD' a SETBACK ... PRIMARY 111L YARD CL J ✓ 0 SIDE YARD 5ET6AGK REAR YARD j 3 ...........MOPERrT'COP NrR 4 5 6 ' 7 Sec. 131-3. Applicability of Required Setbacks. 8 (a) Bufferyards. When a bufferyard is required under the provisions of Chapter 114, Article V, 9 compliance with the bufferyard provisions along a property line shall relieve the necessity of 6of10 Packet Pg.4917 S.2.a I complying with the setback provisions along the same property line if the width of the bufferyard 2 is greater than the applicable setback requirement set forth in Section 131-1. 3 (b) Shoreline setbacks. All development shall be set back from shorelines as required in Section 4 118-12. Docking and mooring facilities within the shoreline setback shall be set back from side 5 property lines in accordance with Section 118-12. The side yard setback does not apply to a 6 utility pole, utility rack, seawall, fence, retaining wall, or marginal dock. 7 (c) Front yard setbacks. A front yard is a required setback on a parcel of land that is located along E 8 the full length of the front property line of the parcel, is generally the property frontage to which 4- 9 development on the parcel is oriented and is generally adjacent a road. On parcels fronting more a 10 than one road, such as corner lots and double frontage parcels, each yard along a road shall be a 2 11 front yard. The front yard setback does not apply to a utility pole or utility rack. 12 (1) Single frontage parcels. For a parcel that has only a single road frontage, the primary front W 13 yard requirement set forth in Section 13 1-1 shall be applied. 14 (2) Double frontage parcels. For a parcel that has road frontage along two or more roads, the CL 15 primary front yard requirement set forth in Section 13 1-1 shall generally be applied to the ,0 16 front yard to which development on the parcel is oriented. The secondary front yard 17 requirement set forth in Section 13 1-1 shall be applied to the remaining front yard(s). For 18 parcels located within the median of U.S. Highway 1, the primary front yard requirements ,E 19 shall be applied to both front yards situated along the highway right-of-ways. u 20 (3) Accessory driveways and walkways. Accessory structures, limited to driveways and E 21 walkways, may be permitted within a required front yard setback provided they do not U 22 exceed six(6)inches in height as measured from grade. In no event shall the total combined � 23 area of all accessory structures occupy more than 60 percent of the required front yard U) 24 setback area. 25 (4) Off-street parking on residentially developed parcels. Any required off-street parking M 26 spaces may be located on an accessory driveway within the front yard setback on a parcel 0 27 developed exclusively with a residential use. Any vehicle utilizing such an off-street a 28 parking space shall be properly licensed and operable. 29 (5) Signs,fences and landscaping. Signs as permitted in Chapter 142, fences as permitted in 30 Chapter 114 and landscaping may be permitted in a required front yard setback. is 31 (6) Ingress and Egresse or lawfully established residential dwelling units retrofitted to elevate 32 the structure above base flood level. Retrofitting a lawfully existing residential dwelling 0 33 unit,not including mobile homes,to elevate the unit above base flood level to reduce flood 0 34 damage may encroach the front yard requirement set forth in Section 131-1 to allow C 35 necessary improvements to access the dwelling unit. The necessary improvements are 36 limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver 37 provided shall be the minimum necessary to provide access to the structure that is in 38 compliance with fire code requirements. 39 (d) Side yard setbacks. A side yard is a required setback on a parcel of land that is located along 40 the full length of the side property line and is generally between the front and rear property lines. 41 The side yard setback does not apply to a utility pole,utility rack, seawall, fence, retaining wall, 42 or marginal dock. a 43 (1) Side yard requirements (excluding four-sided platted corner lots). With the exception of 44 four-sided platted corner lots, the primary side yard requirement set forth in Section 13 1-1 < 45 shall be applied to one side yard. The secondary side yard requirement set forth in Section 46 13 1-1 shall be applied to any remaining side yards. 7of10 Packet Pg.4918 S.2.a 1 (2) Side yard requirements for four-sided platted corner lots. On a platted corner lot with only 2 four sides, there shall be a primary front yard, secondary front yard, rear yard, and a single 3 side yard. For such lots, there shall be no primary side yard setback requirement, and the 4 single side yard shall be subject to the secondary side yard setback requirement set forth in 5 Section 131-1. 6 (3) Accessory driveways, walkways, patios and decking on residentially developed parcels. 7 Accessory structures, limited to driveways,walkways,patios, and decks, may be permitted E 8 within a required side yard setback on a parcel developed exclusively with a residential use 4- 9 if the structure meets the provisions of this subsection. Such an accessory structure shall a) C 10 not exceed six (6) inches in height as measured from grade; b) be situated at least one (1) 2 11 foot from the side yard property line; and c)be constructed to avoid any off-site discharge 12 of stormwater from the subject parcel in accordance with Section 114-3. In no event shall M 13 the total combined area of all accessory structures occupy more than 80 percent of the 14 required side yard setback area. CL 15 (4) Accessory stairs and platforms to elevate mechanical, plumbing and electrical equipment ,0 16 17 Accessory structures, limited to stairs and platforms, may be permitted within a required 18 side yard setback on a parcel developed exclusively with a residential use if the following ,E 19 provisions are met: u 20 21 ab) the accessory structure is required to elevate mechanical,the accessory structure is required to elevate mechanical, plumbing and electrical is 22 equipment at or above required flood elevations; 23 bs) the accessory structures are 'tee situated at least two (2) feet from the side yard U) 24 property line; and E 25 cd) the accessory structures must be constructed to avoid any off-site discharge of M 26 stormwater from the subjectparcel in accordance with Section 114-3; and- 0 27 Li4h no event shall the total combined area of all accessory structures occupy more than 28 80 percent 80% of the required side yard setback area. 29 (5) Ingress and Egresse or lawly established residential dwelling units retrofitted to elevate W 30 the structure above base flood level. Retrofitting a lawfully existing residential dwelling U 31 unit,not including mobile homes,to elevate the unit above base flood level to reduce flood 32 damage may encroach the primary side yard requirement set forth in Section 13 1-1 to allow 0 33 necessary improvements to access the dwelling unit. The necessary improvements are 0 34 limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver 35 provided shall be the minimum necessary to provide access to the structure that is in 36 compliance with fire code requirements. 37 (e) Rear yard setbacks. A rear yard is a required setback on a parcel of land that is located along 38 the full length of the rear property line and is generally on the side opposite to the primary front a 39 yard. The rear yard setback does not apply to a utility pole or utility rack or plumbing and electric 40 fixtures for a vessel pumpout. 4i 41 (1) Accessory structures on residentially developed parcels. An accessory structure may be 5 42 permitted within a required rear yard setback on a parcel developed exclusively with a 43 residential use if the structure meets the provisions of this subsection. An accessory 44 structure not exceeding eighteen (18) inches in height as measured from grade may be < 45 permitted if the structure is a) situated at least one (1)foot from the rear yard property line 46 and b) constructed to avoid any off-site discharge of stormwater from the subject parcel in 47 accordance with Section 114-3. An accessory structure not exceeding twelve feet(12) feet 8of10 Packet Pg.4919 S.2.a I in height as measured from grade may be permitted if the structure is a) situated at least ten 2 (10) feet from the rear property line. In no event shall the total combined area of all 3 accessory structures occupy more than 60 percent of the required rear yard setback area. 4 (2) Ingress and Egress for lawfully established residential dwelling units retrofitted to elevate 5 the structure above base flood level. Retrofitting a lawfully existing residential dwelling 6 unit, not including mobile homes, to elevate the unit above base flood level to reduce flood 7 damage _may encroach the rear yard requirement set forth in Section 131-1 to allow encroach the rear yard requirement set forth in Section 131-1 to allow 8 necessary improvements to access the dwelling unit. The necessary improvements are 4- 9 limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver 0 10 provided shall be the minimum necessary to provide access to the structure that is in 2 11 compliance with fire code requirements. 12 (3) Accessory stairs and platforms to elevate mechanical, plumbing and electrical equipment. W 13 Accessory structures, limited to stairs and platforms, may be permitted within a required 14 rear setback on a parcel developed exclusively with a residential use if the following 0 15 provisions are met: 0 16 a) the accessory structure is required to elevate mechanical, plumbing and electrical 17 equipment at or above required flood elevations, 18 b)the accessory structures are situated at least five (5) feet from the rear yard property line, ,E 19 and 20 c) maximum shoreline setbacks are to be maintained and, in no event shall a shoreline 21 setback be less than ten (10) feet from mean high water, i 22 d)the accessory structures must be constructed to avoid any off-site discharge of stormwater 23 from the subject parcel in accordance with Section 114-3, and U) 24 e) in no event shall the total combined area of all accessory structures occupy more than 60 E 25 percent(60%) of the required rear yard setback area. X 26 0 27 Section 3. Construction and Interpretation. The construction and interpretation of this 29= 28 ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida 29 Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is 30 interpreted in connection with this ordinance shall be liberally construed and enforced in favor of the U 31 Monroe County BOCC, and shall be construed in favor of the Monroe County BOCC and such 32 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, 0 33 at trial, bankruptcy, and on appeal. 34 CL 0 35 Section 4.No Liability.Monroe County expressly reserves and in no way shall be deemed to have 36 waived,for itself or for its officer(s), employee(s), or agent(s),any sovereign, governmental, and any other 37 similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or liability. 38 39 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is held 40 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,the 41 invalidity or unenforceability of such provision, or any part or portion thereof,shall neither limit nor impair 42 the operation, enforceability, or validity of any other provision of this ordinance, or any remaining part(s) 43 or portion(s) thereof. All other provisions of this ordinance, and remaining part(s) or portion(s) thereof, 44 shall continue unimpaired in full force and effect. < 45 9of10 Packet Pg.4920 S.2.a I Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are 2 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the 3 repealing clause of such ordinance or revive any ordinance which has been repealed thereby. 4 5 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 6 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 7 0 8 Section 8.Filin2. This ordinance shall be filed in the Office of the Secretary of the State of Florida 4- 9 but shall not become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) a 10 by the Florida State Land Planning Agency or Administration Commission approving the ordinance, and 2 11 if the final order is challenged, until the challenge to the order is resolved pursuant to F.S. Chapter 120. 12 W 13 Section 9. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be 14 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to 15 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of ,0 16 the Code. 17 18 Section 10. Effective Date. This ordinance shall become effective as provided by law and stated ,E 19 above. u 20 d 21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, U 22 at a regular meeting held on October 19, 2022. 23 ) 24 Mayor David Rice E 25 Mayor Pro Tem Craig Cates X 4- 26 Commissioner Michelle Coldiron 0 27 Commissioner James K. Scholl 28 Commissioner Holly Merrill Raschein 29 w 30 BOARD OF COUNTY COMMISSIONERS U 31 OF MONROE COUNTY, FLORIDA 32 0 33 By: 34 Mayor David Rice 0 35 36 MONROE CO ArrORNEY 37 (SEAL) ARP,3 " T FO�AM 38 ATTEST: KEVIN MADOK, CLERK t� w_ . _...PETER MORRIS o 40 ASSISTANT COUNTY ATTORNEY 41 By: Date. . 10/4/22 42 AS DEPUTY CLERK 10 of 10 Packet Pg.4921 S.2.b JJ��������I����Illllllllllllllllllllllllllrt % ° 11111�111111,, MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring,professional and fair To: Monroe County Board of County Commissioners 0 From: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 4- 0 Date: October 3, 2022 Subject: An ordinance by Monroe County Board of County Commissioners adopting amendments to the Monroe County Land Development Code Section 102-57 Nonconforming Structures and Section 131-1 Required Setbacks, and Section 131-3 Applicability of Required 2 Setbacks, to facilitate the elevation (lifting up) of lawfully-existing residential dwelling 0 units to or above base flood level to reduce the risk of future flood damage by providing standards, waivers or reductions to certain setback and open space requirements to allow for necessary improvements, including ingress and egress structures and structures for E mechanical,plumbing and electrical systems, appliances and components (File 2021-131). E Meeting: October 19, 2022 U I. REQUEST As directed by the BOCC on July 21, 2021 (see agenda item K6), the Monroe County Planning & Environmental Resources Department is proposing amendments to the Monroe County Land Development Code Section 102-57 Nonconforming Structures, Section 13 1-1 Required Setbacks, and 0 131-3 Applicability of Required Setbacks, to facilitate the elevation (lifting up) of lawfully-existing W residential dwelling units by providing waivers or reductions to certain setback and open space U_ requirements to allow necessary improvements to provide access (stairs, ramp, etc.) to a house elevated above base flood level to reduce the risk of future flood damage. U U The associated Comprehensive Plan amendments are included within the County's proposed Evaluation and Appraisal (EA) amendments. The proposed text amendments to Section 102-57 , Nonconforming Structures, Section 131-1 Required Setbacks, and 131-3 Applicability of Required Setbacks are necessary to be consistent with the proposed comprehensive plan amendments. Sections Q 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and implement the Comprehensive Plan. c� II. BACKGROUND INFORMATION On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with maximum sustained winds of 130 mph and flooding occurred in various neighborhoods. 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. BOCC SR Page 1 of 17 File No. 2021-131 Packet Pg.4922 S.2.b To provide additional protection to residents that reside in mobile homes in flood hazard areas, reduce the repeated impacts by flooding, and enhance public health, safety and welfare, the County already adopted an amendment to eliminate the ability for a mobile home to be placed at an elevation below base flood elevation. Further, the County has embarked on proactively assisting property owners with voluntary elevations through FEMA funded grant programs. In order to encourage participation in proactive flood mitigation projects, such as elevations, staff recommended to the BOCC to consider allowing owners to elevate 0 their homes, in place (within the existing footprint of the house), without the need for variances to 0 setbacks, etc. If a house was built before current code requirements for setbacks and open space, it is - possible the house location on a site is currently nonconforming, and the current code requires that a structures undergoing substantial improvement, where work equals or exceeds 50 percent of the structure's market value, be fully rebuilt to the current code (come into compliance with current requirements). Additional amendments are needed to provide allowances within certain setback and open space requirements, to allow elevations and eliminate impediments to elevating lawfully-existing residential dwelling units,not including mobile homes, above base flood level to reduce future flood damage. This is particularly important, in light of the impacts of Hurricane Irma, the County's better understanding of the flood risks associated with structures below base flood elevation, the opportunity for property owners to reduce their insurance premiums by elevating homes,and the County's ongoing participation in numerous recovery, post disaster and resiliency programs. Further, as the County begins elevating < roadways and improving drainage in low lying neighborhoods, it is important to encourage private property owners to elevate their homes. N c� Property owners may self-fund improvements to their homes to elevate above base flood levels and there may be additional funding opportunities with the County participating in several grant programs V- to provide for the mitigation of flood risks, such as: • FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures 0 • Flood Mitigation Assistance(FMA) Grant Program to reduce or eliminate the long-term risk of W flood damage U- • Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes Considering these programs, and the County's current effort to utilize the FEMA Flood Mitigation U Assistance (FMA) Grant Program (typically federal funding is available for up to 75 percent of the M eligible activity costs) and similar funding opportunities, the County is taking steps to further facilitate reducing the risk of future damage, hardship, loss, or flood damage within the community. N N Constructing above base flood elevation can reduce or avoid future flood losses, and assists both the property owner and the County in being more resilient and recovering after a storm/ flooding event. Elevating structures for mechanical, plumbing and electrical systems, appliances and components is important portion of reducing the risk of flood damage. The Florida Building Code (2020)requires 1- foot above base flood elevation (or 1 foot of freeboard) for residential development including its machinery and equipment systems. Additionally, typically a property owner's flood insurance premiums are lower when the machinery and equipment is elevated. BOCC SR Page 2 of 17 File No. 2021-131 Packet Pg.4923 S.2.b Exce is from the Florida Buildin Code: 13.322.1. Protection of mechanical, plumbing and electrical systems. Electrical systems, equipment and components,heating„ventiliating„air conditioning, plumbing appliances and plumbing fixtures;duct systems, and other service,equipment shall be located art or above the elevation required in Section R322.2 or R322.3. If replaced as part of a substanti all improvement, electrical systems, equipment and components; heating„ventilating, air conditioning and Plumbing appliances and plumbing fixtures,duct systems; and other service egruiprnent shall meet the requirements of this section, Systems,fNtures, and equipment and components shall not be mounted on or penetrate through wvalls intended to break away under flood(loads. Exception: tocafing electrical systems„equipment and components; heating, ventilating,air condrtiioning„ plumbing appliances and plumbing fixtures„ duct systems, and other service equipment as is permitted below the elution required in Section R322.2 or R322.3 provided that they are 0 designed and installed to prevent water from entering or accumulating within the components and;to M resist hydrostatic and hydrodynamic loads and stresses,including the effects of buoyancy, during the occurrence of flooding to the design flood elevation in accordance with ASCE 24. EgUIpment for C pools, spas and waterfeatures shall be permitted below the elevation required in Section R322.2 or R322.3 prodded it is elevated to the extent practical and is anchored to prevent floatation and resist flood forces and is supplied by branch circuits that have ground fault circuit interrupter protection. Electrical wiring systems are permitted to be llocated below the requailred elevation provided that they conform to the provisions of the electrical part of this code for wet locations. 113222 Flood) hazard areas(Including A Tines).,areas that have been determined to be prone to CL flooding and that are nof subject to high-velocity wave action shall be designated as flood iw.ard areas, 0 Flood hazard areas that have been delineated as subject to wave heights between 1 l/?feet (4 7 mm) and 3 feet(914 mm)or otherwise designated by the jurisdiction shall be desigrkated as Coatgtal,A Zones and are subject to the requirements of Section 1 3,22.3 Buildungs and structures constructed in whole or in part in flood hazard areas shall be designed and constructed in accordance with Se0ons Ft3 2..2.f ,E through R322,2,3, R,322.2.1 Elevation regu,hrernents. k. Buildings and structures in flood)hazard:areas including flood hazard areas designated'as Coastal to Zones-, shall have the lowest floors elevated to or above the base flood elevation plus t foot(30 � rnm')„or the design flood elevation,whichever is higher. 2. In areas of`shualllow flooding FAO Zones),,buildings and structures shall have the Iowest f loor 04 (,including basenment)devated to a height ahbovethe higllestadjacent grade of not less than the �s depth number specified) un feet(mm)on the p'IB M plus I foot (30 5 mm),or not less than 3 feet(01 mm)if a depth number is,not specified, 3. Basement floors that are below grade on all sides slhalll be elevated to or above base flood elevation plus I foot(305 nirn)„ or the design,flood elevation,whichever is higher,. Exception: Elncdosed areas below the design flood elevation, including basements with doors that CL are not bellow grade on all sides, shall) meet the requirements of Section 322.2.2.. R322,3.2 Elevation requirements.M t. E-u,uildings,and structures erected within coastal high,h�u.and areas and Coastal A Zones: shalll be elevated so that the bottorn of the lowest horizontal structure members supporfing the lowest floor, U) with the exception of puliings, pule craps, columns, grade beams and bracing,is elevated to or alive the base f loodl elevation plus f foot(300 mrn)or the design flood elevation, whiichevier is higher, to 2. Easement fNoors that are below grade an all sides are prohibited, 0 1 The use of fill for structural support is prohibited: 4. MInor giradliir , and the placement of minor quantities of fill,shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs,pool decks„ 04 pathos and walkways. CD 5, Walls and partitions enclosing areas below true desigrm fllood elevation, shM meet the req,uorerments 04 of Sections,R322.3..5 and R322,3,6. E �s BOCC SR Page 3 of 17 File No. 2021-131 Packet Pg.4924 Examples of elevated components, from FEMA P-348: .............................. ...................... G Gawast harlzonud glrun.rW Loweil ll$V-fural mlffnliwo 01 olo,uted bokfilng eari0e,or Cloateel bullaing 1-In .nneelu- vlorllric lms and IIIIACIS,Wlephone Hoed pnc.Wn bo.os,ralalU lonov, orollection b--�ab—fl—d —.1, rist.11 ell level 'r,lmj"ad side of Medo,piles W 1.7111rpo—ft- sille'If pfl-o'A- 5uppori ,e bers �ff1 f Ser,,,e fls—vvith ary coriosiori-r"istant MEMO wapso wolhorQS (2 f-t Mile E andw"W-1,*- a,,,d.ar(t/ 0 d—WMAM d—Wr.— a 0 .......... wrrmW gg .0 CL 0 Figure 4-15,Dock providers,impyter access and Mows the l and Inalin service panal to be a4evated and proteclied firtxn flooding,ElaclricM romponants plarrRW Wow diip ftfxf pratechoo NvW relirlaks vulneralblhe to, Rood damage, Flood E U Pe ....... CN 0 .............. CL W U- U- u IMIT CAl ION "A I ASuIo s A I B I) ICI: U ............... 0 ..........................................Figure 4-2,tievaled HVAC condenser Ujrjjj1tS in a cowasta$zwo Wtb a proledivo talifing insWed(Golveston IsWid,Was), C14 Q C14 E BOCCSR Page 4 of 17 File No. 2021-131 1 Packet Pg.4925 S.2.b Further, Monroe County has a achieved a Class 3 in the NFIP CRS Program and receives a 35% discount on flood insurance premiums. The 2017 CRS manual update includes a recent 2021 Addendum, which now establishes a CRS Class 8 prerequisite to require 1-foot of freeboard for residential development including machinery or equipment. This requirement comes directly from the model International Residential Code(IRC). Since 2015,the IRC has required machinery or equipment to be elevated with the exception of specially-designed equipment. Floodproofing around machinery or equipment is not allowed in the IRC and is not sufficient to meet the Class 8 prerequisite. U) 0 0 Additionally, Monroe County Planning & Environmental Resources Department is proposing - Evaluation and Appraisal (EA) amendments to the 2030 Comprehensive Plan to update the a comprehensive plan to reflect changes in statutory and rule requirements; to update deadlines withincu the comprehensive plan, to eliminate accomplished or obsolete provisions, to make corrections to text and eliminate grammatical errors; and to amend provisions to reflect changes in local conditions and recent data, trends, issues and challenges. The proposed Evaluation and Appraisal (EA) amendments include Comprehensive Plan policies to a facilitate the elevation(lifting up)of lawfully-existing residential dwelling units by waiving or reducing certain setback and open space requirements, to allow necessary improvements to provide access (stairs,ramp, etc.)to a house elevated above base flood level to reduce the risk of future flood damage. These changes were directed by the BOCC on July 21, 2021 to help with rebuilding after storm and to E utilize federal and state grant funding opportunities (see agenda item K6). U c� c� Staff is proposing a corresponding amendment to the Comprehensive Plan within its required ' Evaluation and Appraisal (EA) amendments. The subject of this staff report is the proposed amendment to the Land Development Code. 0 Community Meeting and Public Participation In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on October 14, 2021, to provide for public input. There was one member of the public in attendance. W U U Development Review Committee and Public Input The Development Review Committee considered the proposed amendment at a regular meeting on November 15, 2021, and received public input. c14 c14 Planning Commission and Public Input The Planning Commission considered the proposed amendment at a regular meeting on January 26, 2022,provided for public input and recommended III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS The proposed text is shown as follows: additions are in underlined, deletions are sue. BOCC SR Page 5 of 17 File No. 2021-131 Packet Pg.4926 S.2.b Sec. 102-57. Nonconforming Structures. (a) Authority to continue. A nonconforming structure devoted to a use permitted in the land use (zoning) district in which it is located, or devoted to a nonconforming use with authority to continue pursuant to Section 102-56, may be continued in accordance with the provisions of this section. (b) Ordinary repair and maintenance. Normal maintenance and repair of nonconforming structures registered in accordance with section 102-55 may be performed. (c) Enlargements, expansions, and extensions. Lawful nonconforming structures that are used in a manner conforming to the provisions of this Land Development Code and the Comprehensive 0 Plan may be enlarged, expanded, or extended,provided that: 0 (1) The improvement does not constitute a substantial improvement; - (2) A nonconforming use is not located in the nonconforming structure; and a (3) The nonconformity is not further violated. (d) Relocation. A nonconforming structure, other than a historic structure listed on the National Register of Historic Places,the Florida Inventory of Historic Places, and/or designated as historic by the BOCC, shall not be moved unless it thereafter shall conform to the regulations of the land use (zoning) district in which it is relocated. C. (e) Termination, Damage or Destruction and Retrofits. (1) Abandonment. Where a nonconforming structure is voluntarily abandoned for 18 consecutive months, then such structure shall be demolished, removed or converted to a conforming structure. (2) Damage or destruction. a. A nonconforming structure that is damaged or destroyed to the extent of less than 50 percent of the fair market value of such structure may be restored as of right if a building permit for reconstruction is issued within six months of the date of the damage (such damage or destruction may be voluntarily or due to natural phenomena whose ri effects could not be prevented by the exercise of reasonable care and foresight). b. Except as provided in section 135-5,chapter 122 in regard to mobile homes, and section 130-163, any nonconforming structure that is damaged or destroyed so as to require substantial improvement may be repaired or restored only if the structure conforms to 0 the provisions of the land use (zoning) district in which it is located. Fair market value W shall be determined by reference to the official tax assessment rolls for that year or by U_ 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. U c. Substantial improvement or reconstruction of nonconforming single-family dwelling M unitsr-esidenees shall comply with all applicable setback and open space provisions of this Land Development Code set forth in chapters 130 and 131 except where strict compliance would result in a reduction in lot coverage as compared to the pre- destruction footprint of the dwelling unithese. In such cases, the previously approved open In such cases the previously approved open space ratio shall be applied; and the maximum shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet from a mean high water. (3) Elevation Retrofits. To further recovery, post disaster and resiliency, as provided in Comprehensive Plan Policy 101.5.34 and Policy 101.9.4, a lawfully-existing residential dwelling unit,not including mobile homes, may be retrofitted to elevate the structure above base flood level to reduce flood damage,pursuant to: a. The lawfully-existing dwelling unit structure may maintain its existing setbacks and open space, even if nonconforming, provided the structure is elevated within the BOCC SR Page 6 of 17 File No. 2021-131 Packet Pg.4927 S.2.b original (existing) footprint of the structure. b. Setbacks and land use open space requirements are waived to allow necessary improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. C. Side and rear setback requirements are waived to allow accessory elevated platforms above base flood for equipment (mechanical, plumbing and electrical systems, 0 appliances and components) situated at least two (2) feet from the side yard property line or at least five (5) feet from the rear yard property line. - d. Maximum possible shoreline setbacks and open space are to be maintained, and in no C event shall a required shoreline setback be reduced to less than ten(10)feet from mean high water except to accommodate the lawfully existing footprint of the structure to be elevated. e. The improvements shall be constructed to avoid off-site discharge of stormwater from the subject parcel, in accordance with Section 114-3 of the Monroe County Land Development Code. f. Development shall maintain compliance to the maximum extent practicable, as determined by the Planning Director. g. This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a conservation easement. h. This Policy does not restrict a property owner from proposing other additions or improvements to the elevated dwelling unit, as long as the additions, enlargements, expansions, and extensions do not create a nonconformity or cause a further violation CN to an existing nonconformity. i. New construction or reconstruction of single-family dwelling units shall comply with the setback and open space provisions set forth in Policy 101.5.25,Policy 212.2.4, and in Chapters 118, 130, and 131 of the Monroe County Land Development Code. 0 L4,LAmortization. Any nonconforming structure may be subject to compulsory termination when W it is found detrimental to the conservation of the value of surrounding land and U_ improvements,and therefore is tending to deteriorate or blight the neighborhood.In ordering the compulsory termination of a nonconforming structure, the BOCC will establish a definite and reasonable amortization period during which the nonconforming structure may U continue while the investment value decrement resulting from termination is amortized. M Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming structure less their value and condition for a conforming structure, and such other reasonable costs as the termination may cause. Q The rate of amortization shall be in accordance with reasonable economic practice. (f) Water-dependent and water-related commercial nonconforming structures. Lawfully established water-dependent and water-related nonresidential structures which are identified as a a source of economic sustainability within a Livable CommuniKeys Plan may be permitted to be rebuilt even if 100 percent destroyed provided that they are rebuilt to preexisting use 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. BOCC SR Page 7 of 17 File No. 2021-131 Packet Pg.4928 S.2.b Sec. 131-1. Required Setbacks. (a) Unless otherwise allowed for in this Land Development Code, no structure or land shall be developed, used or occupied except in accordance with the bulk regulations set out in the following table. Primary Secondary Primary Secondary Rear Yard Land Use District/Land Use Front Yard Front Yard Side Yard Side Yard Airport AD 25 25 10 10 25 0 Commercial Cl 25 15 10 5 10 - Commercial 2 (C2) 15 15 10 5 10 9= Commercial Fishing Area (CFA), 2 Commercial Fishing Special District 25 15 10 5 20 > (CFSD), and Commercial Fishing Village .2 CF Conservation C 25 15 10 5 20 0 Destination Resort(DR) 50 25 20 15 30 0. Improved Subdivision(IS) 25 15 10 5 20 Industrial(I) 25 15 10 5 25 Mainland Native(MN) 25 25 10 5 20 Maritime Industries(MI) 25 25 10 5 25 E Military Facilities(MF) 25 15 10 5 20 9= Mixed Use MU 15 15 10 5 10 �E Native Area NA 25 15 10 5 20 < Offshore Island OS 25 15 10 5 20 Park and Refuge PR 25 15 10 10 10 Recreational Vehicle(RV)* 25 15 10 5 10 � Sparsely Settled SS 25 15 10 5 10 Suburban Commercial SC 25 15 10 5 10 Suburban Residential(SR) 25 15 10 5 10 Suburban Residential Limited(SR-L) 25 15 10 5 10 Urban Commercial(UC) 15 15 10 5 10 W Urban Residential(UR): 15 15 10 5 10 W Urban Residential Mobile Home(URM)** U- Lots less than 50 feet wide 10 10 5 5 10 N® Lots 50 feet wide or greater 10 10 10 5 10 t3 Urban Residential Mobile Home Limited t3 10 10 10 10 10 URM-L ** I M *For RV parks within the RV Land Use District,the RV setback requirements shall apply to the district/RV park boundaries and not to the interior RV spaces. **For mobile home parks within the URM and URM-L Land Use Districts, the setback requirements shall apply to the C14 district/mobile home park boundaries and not to the interior mobile homes aces. c14 ***Notwithstanding the required setbacks, elevating a dwelling unit above base flood level to reduce flood damage may encroach the required setbacks,as provided in Policies 101.5.34 and 101.9.4 and Sections 102-57 and 131-3. E c� (b) Applicability of required setbacks. BOCC SR Page 8 of 17 File No. 2021-131 Packet Pg.4929 S.2.b ,APPLICAw5I1 Y OF REQUIRED 5 IMA K5 �— _ _— _ — — I PPxinrArxr I PROr11fYAR.17' I r ✓, I I � k > dS REAR r'ARD' j 0 Sec. 131-3. Applicability of Required Setbacks. (a) Bufferyards. When a bufferyard is required under the provisions of Chapter 114, Article V, compliance with the bufferyard provisions along a property line shall relieve the necessity of complying with the setback provisions along the same property line if the width of the bufferyard < is greater than the applicable setback requirement set forth in Section 131-1. (b) Shoreline setbacks. All development shall be set back from shorelines as required in Section N 118-12. Docking and mooring facilities within the shoreline setback shall be set back from side ri property lines in accordance with Section 118-12. The side yard setback does not apply to a utility 17 pole, utility rack, seawall, fence, retaining wall, or marginal dock. (c) Front yard setbacks. A front yard is a required setback on a parcel of land that is located along W the full length of the front property line of the parcel, is generally the property frontage to which CL development on the parcel is oriented and is generally adjacent a road. On parcels fronting more W than one road, such as corner lots and double frontage parcels, each yard along a road shall be a U- front yard. The front yard setback does not apply to a utility pole or utility rack. (1) Single frontage parcels. For a parcel that has only a single road frontage, the primary front U yard requirement set forth in Section 13 1-1 shall be applied. U (2) Double frontage parcels. For a parcel that has road frontage along two or more roads, the M It- primary front yard requirement set forth in Section 13 1-1 shall generally be applied to the It- front yard to which development on the parcel is oriented. The secondary front yard leg requirement set forth in Section 13 1-1 shall be applied to the remaining front yard(s). For Q parcels located within the median of U.S. Highway 1, the primary front yard requirements shall be applied to both front yards situated along the highway right-of-ways. 0 (3) Accessory driveways and walkways. Accessory structures, limited to driveways and CU walkways, may be permitted within a required front yard setback provided they do not exceed six (6)inches in height as measured from grade. In no event shall the total combined area of all accessory structures occupy more than 60 percent of the required front yard setback area. (4) Off-streetparking on residentially developed parcels. Any required off-street parking spaces may be located on an accessory driveway within the front yard setback on aparcel developed BOCC SR Page 9 of 17 File No. 2021-131 Packet Pg.4930 S.2.b exclusively with a residential use. Any vehicle utilizing such an off-street parking space shall be properly licensed and operable. (5) Signs,fences and landscaping. Signs as permitted in Chapter 142, fences as permitted in Chapter 114 and landscaping may be permitted in a required front yard setback. (6) Ingress and Egress e or lawly established residential dwelling units retrofitted to elevate the structure above base flood level. Retrofitting a lawfully existing residential dwelling unit, not including mobile homes, to elevate the unit above base flood level to reduce flood damage may encroach the front yard requirement set forth in Section 131-1 to allow necessary improvements to access the dwelling unit. The necessary improvements are 0 limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver 0 provided shall be the minimum necessary to provide access to the structure that is in - compliance with fire code requirements. (d) Side yard setbacks. A side yard is a required setback on a parcel of land that is located along the full length of the side property line and is generally between the front and rear property lines. The side yard setback does not apply to a utility pole, utility rack, seawall, fence, retaining wall, or marginal dock. (1) Side yard requirements (excluding four-sided platted corner lots). With the exception of four-sided platted corner lots, the primary side yard requirement set forth in Section 13 1-1 shall be applied to one side yard. The secondary side yard requirement set forth in Section 13 1-1 shall be applied to any remaining side yards. (2) Side yard requirements for four-sided platted corner lots. On a platted corner lot with only four sides, there shall be a primary front yard, secondary front yard, rear yard, and a single side yard. For such lots, there shall be no primary side yard setback requirement, and the < single side yard shall be subject to the secondary side yard setback requirement set forth in Section 131-1. CN (3) Accessory driveways, walkways, patios and decking on residentially developed parcels. Accessory structures, limited to driveways, walkways,patios, and decks, may be permitted ' within a required side yard setback on a parcel developed exclusively with a residential use if the structure meets the provisions of this subsection. Such an accessory structure shall a) not exceed six (6) inches in height as measured from grade; b) be situated at least one (1) 0 foot from the side yard property line; and c) be constructed to avoid any off-site discharge W of stormwater from the subject parcel in accordance with Section 114-3. In no event shall U_ the total combined area of all accessory structures occupy more than 80 percent of the required side yard setback area. (4) Accessory stairs and platforms to elevate mechanical, plumbing and electrical equipment U 0 Accessory structures, limited to stairs and platforms, may be permitted within a required side yard setback on a parcel developed exclusively with a residential use if the following leg provisions are met: Q ; ah) the accessory structure is required to elevate mechanical, plumbing and electrical equipment at or above required flood elevations; bs) the accessory structures ares'��e situated at least two (2) feet from the side yard property line; and cd) the accessory structures must be constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3; and- d.Liln no event shall the total combined area of all accessory structures occupy more than 80 percent 80% of the required side yard setback area. BOCC SR Page 10 of 17 File No. 2021-131 Packet Pg.4931 S.2.b (5) Ingress and Egress for lawfully established residential dwelling units retrofitted to elevate the structure above base flood level. Retrofitting a lawfully existing residential dwelling unit, not including mobile homes, to elevate the unit above base flood level to reduce flood damage may encroach the primary side yard requirement set forth in Section 13 1-1 to allow necessary improvements to access the dwelling unit. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. (e) Rear yard setbacks. A rear yard is a required setback on a parcel of land that is located along 0 the full length of the rear property line and is generally on the side opposite to the primary front 0 yard. The rear yard setback does not apply to a utility pole or utility rack or plumbing and electric - fixtures for a vessel pumpout. a (1) Accessory structures on residentially developed parcels. An accessory structure may be permitted within a required rear yard setback on a parcel developed exclusively with a residential use if the structure meets the provisions of this subsection.An accessory structure not exceeding eighteen (18) inches in height as measured from grade may be permitted if the structure is a) situated at least one (1) foot from the rear yard property line and b) constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3. An accessory structure not exceeding twelve feet(12) feet in height as measured from grade may be permitted if the structure is a) situated at least ten (10)feet from the rear property line. In no event shall the total combined area of all accessory structures occupy more than 60 percent of the required rear yard setback area. (2) Ingress and Egress for lawfully established residential dwelling units retrofitted to elevate the structure above base flood level. Retrofitting a lawfully existing residential dwellin _g unit,unit, not including mobile homes, to elevate the unit above base flood level to reduce flood dama _ge may encroach the rear yard requirement set forth in Section 131-1 to allow necessarymay encroach the rear yard requirement set forth in Section 131-1 to allow necessary ri improvements to access the dwelling unit. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall T- be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. 0 (3) Accessory stairs and platforms to elevate mechanical, plumbing and electrical equipment. Accessory structures, limited to stairs and platforms,may be permitted within a required rear U- setback on a parcel developed exclusively with a residential use if the following provisions are met: a) the accessory structure is required to elevate mechanical, plumbing and electrical U equipment at or above required flood elevations, M b)the accessory structures are situated at least five (5) feet from the rear yard property line, and T- CN c) maximum shoreline setbacks are to be maintained and, in no event shall a shoreline Q CN setback be less than ten (10) feet from mean high water, d)the accessory structures must be constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3, and e) in no event shall the total combined area of all accessory structures occupy more than 60 percent(60%) of the required rear yard setback area. IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE BOCC SR Page 11 of 17 File No. 2021-131 Packet Pg.4932 S.2.b The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- 158(d)(7)(b): 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 0 0 3. Data errors, including errors in mapping, vegetative types and natural features described in - volume 1 of the plan; a N/A 4. New issues; Recent updates to the Florida Building Code require 1-foot above base flood elevation (or 1 foot of freeboard) for residential development including its machinery and equipment systems. As directed by the BOCC on July 21, 2021 (see agenda item K6), the Monroe County Planning & Environmental Resources Department is proposing amendments to the Monroe County Land Development Code Section 102-57 Nonconforming Structures and Section 31-1 Required E Setbacks, to facilitate the elevation (lifting up) of lawfully-existing residential dwelling units by providing waivers or reductions to certain setback and open space requirements to allow necessary improvements to provide access (stairs, ramp, etc.) to a house elevated above base flood level to reduce the risk of future flood damage. 5. Recognition of a need for additional detail or comprehensiveness; or 0 The County is proposing text amendments to the Monroe County 2030 Comprehensive Plan Future Land Use Element to facilitate the elevation (lifting up) of lawfully-existing residential dwelling U_ units by waiving or reducing certain setback and open space requirements, to allow necessary improvements to provide access (stairs, ramp, etc.) to a house elevated above base flood level to reduce the risk of future flood damage. U The proposed text amendments to Section 138-24 are necessary to be consistent with the proposed comprehensive plan amendments. Sections 163.3194 and 163.3201,F.S.,require land development regulations to be consistent with and implement the Comprehensive Plan. Q 6. Data updates; N/A c� 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 commissioners. The proposed text amendment is not anticipated to result in an adverse community change. BOCC SR Page 12 of 17 File No. 2021-131 Packet Pg.4933 S.2.b 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 Policy 101.5.32: Within 1 year of the effective date of this policy, Monroe County shall adopt Land 4- Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote 0 public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards; g protect property from flooding and minimize damages; minimize public and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for recovery from flood events; 2 w and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of five (5) feet above the 35-foot height limit shall be provided to allow lawfully existing buildings to be 0 voluntarily elevated up to three (3) feet above FEMA base flood elevation; and a flood protection height C exception of a maximum of three (3) feet above the 35-foot height limit shall be provided to allow new (new 'a construction or substantially improved)buildings to voluntarily elevate up to three (3) feet above FEMA base flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce flood insurance premiums and minimize future expenditures of public funds for recovery from flood events. In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height of 0 38 feet or a lawfully existing building exceeding a maximum height of 40 feet. d U Policy 101.5.33: Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development Regulations which provide a Flood Protection Height Exception for lawfully established existing N buildings which exceed the 35-foot height limit, to promote public health, safety and general welfare; allow C14 adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and minimize T: damages; minimize public and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for recovery from flood events; and mitigate rising flood insurance premiums. A lawfully established existing building may be repaired, improved, redeveloped and/or elevated to meet 0 required FEMA base flood elevation (BFE)provided the building does not exceed a total maximum building W height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area,building U_ envelope (floor to floor height), density and type of use. For lawfully established existing buildings that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the Board of County Commissioners shall be required to review and specify the maximum approved height prior to U issuance of any county permit or development approval. The Planning Commission shall provide a 0 recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution specifying the maximum approved height. CN Policy 101.9.4: With the following exception, nonconforming structures which are damaged or destroyed so Q cN as to require substantial improvement shall be repaired or restored in conformance with all applicable 4, provisions of the current Monroe County Code. Substantial improvement or reconstruction of nonconforming single-family homes shall comply with the setback and open space provisions set forth in Policy 101.5.25 and E in Chapters 130 and 131 of the Monroe County Land Development Code except where strict compliance would M result in a reduction in lot coverage as compared to the pre-destruction footprint of the house. In such cases, < the previously approved open space ratio shall be applied; and the maximum shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten(10) feet from mean high water. 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. BOCC SR Page 13 of 17 File No. 2021-131 Packet Pg.4934 S.2.b Policy 216.1.4: 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 recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to the Code. [F.S. § 163.3178(2)(d)] Policy 216.1.5: 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. [F.S. § 163.3178(2)(d)] a� Policy 216.1.6: Monroe County shall continue to enforce federal, state and local setback and elevation 0 requirements to promote the protection and safety of life and property. Revisions to the existing setback - requirements contained in the land development regulations shall be considered as a means of reducing a property damage caused by storms. Policy 216.2.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies procedures for implementing programs for immediate repair, replacement, and cleanup, and long-term a rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged g infrastructure and consideration of alternatives to its repair or replacement in the CHHA. 0 Policy 216.2.3: The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and shall specify procedures for relocating or replacing public infrastructure away from them,where feasible. a� E Policy 216.2.4: Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with Emergency Management to include in the Local Mitigation Strategy considerations for repetitive loss and U severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible to repeated damage. CN GOAL 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate 6 and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure characteristics,unit size and individual preferences. 0 CL Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard housing and to preserve, conserve and enhance the existing housing stock,including historic structures and sites. U_ d Policy 601.3.1: Monroe County shall coordinate with other County agencies to monitor housing conditions. Standards for evaluation of the structural condition of the housing stock are summarized below: U 0 Sound: Most housing units in this category are in good condition and have no visible defects. However, some structures with slight defects are also included. cN Deteriorating: A housing unit in this category needs more repair than would be provided in the course of CN regular maintenance, such as repainting. A housing unit is classified as deteriorating when its deficiencies indicate a lack of proper upkeep. c� Dilapidated(Substandard): A housing unit in this category indicates that the unit can no longer provide safe and adequate shelter or is of inadequate original construction including being constructed below the minimum required elevation by FEMA or the County's Floodplain Regulations. Policy 601.3.2: The County Code Compliance Office and Building Department will enforce building code regulations and County ordinances governing the structural condition of the housing stock, to ensure the provision of safe, decent and sanitary housing and stabilization of residential neighborhoods. BOCC SR Page 14 of 17 File No. 2021-131 Packet Pg.4935 S.2.b Policy 601.3.3: Monroe County shall encourage expanded use of U.S. Department of Housing and Urban Development(HUD) rental rehabilitation programs by the Monroe County Housing Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate increased private reinvestment in housing by providing information, technical assistance in applications for federal and State funding, or provide local public funds for rehabilitation purposes. Policy 1503.4.1: Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall review its post-disaster redevelopment plan and land development regulations to include, as appropriate, consideration of climate change impacts,repetitive loss structures and shoreline stabilization needs. 0 B. The amendment is consistent with the Principles for Guiding Development for the Florida 0 Keys Area, Section 380.0552(7), Florida Statutes. 0 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed 0 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 CL designation. 0 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. a� (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical E vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and a their habitat. E (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic < development. a (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 CN 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: 0 CL 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; U_ 3. Solid waste treatment, collection, and disposal facilities; u® 4. Key West Naval Air Station and other military facilities; U 5. Transportation facilities; U 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. N N (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and a replacement of stormwater management facilities; central sewage collection; treatment and disposal E facilities; and the installation and proper operation and maintenance of onsite sewage treatment and U disposal systems. (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), 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 Keys. (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. BOCC SR Page 15 of 17 File No. 2021-131 Packet Pg.4936 S.2.b (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) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. 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. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statute(F.S.). 7 Specifically, the amendment furthers: 0 163.3161(4),F.S.—It is the intent of this act that local governments have the ability to preserve and enhance 0 present advantages; encourage the most appropriate use of land, water, and resources, consistent with 0 the public interest; overcome present handicaps; and deal effectively with future problems that may M result from the use and development of land within their jurisdictions. Through the process of 2 comprehensive planning, it is intended that units of local government can preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention,and general welfare;facilitate the adequate and efficient provision of transportation, CL water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; ,0 and conserve, develop,utilize, and protect natural resources within their jurisdictions. 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal status E set out in this act and that no public or private development shall be permitted except in conformity with a� comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act. E U 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. N 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,and policies, shall describe how the local government's programs, activities, and land development 0 CL 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 W comprehensive plan but rather to require identification of those programs, activities, and land U- 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 U carried out. The plan shall establish meaningful and predictable standards for the use and development U of land and provide meaningful guidelines for the content of more detailed land development and use M regulations. M 163.3194(1)(b), F.S. — All land development regulations enacted or amended shall be consistent with the N adopted comprehensive plan, or element or portion thereof, and any land development regulations `N existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. If a local government allows an �E existing land development regulation which is inconsistent with the most recently adopted CU 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 of the most recently adopted comprehensive plan, or element or portion thereof. During the interim 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 to an application for a development order. BOCC SR Page 16 of 17 File No. 2021-131 Packet Pg.4937 S.2.b (2) After a comprehensive plan for the area, or element or portion thereof,is adopted by the governing body,no land development regulation, land development code,or amendment thereto shall be adopted by the governing body until such regulation, code, or amendment has been referred either to the local planning agency or to a separate land development regulation commission created pursuant to local ordinance, or to both, for review and recommendation as to the relationship of such proposal to the adopted comprehensive plan,or element or portion thereof. Said recommendation shall be made within a reasonable time,but no later than within 2 months after the time of reference.If a recommendation is not made within the time provided, then the governing body may act on the adoption. (3)(a)A development order or land development regulation shall be consistent with the comprehensive 7 plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or 0 intensities in the comprehensive plan and if it meets all other criteria enumerated by the local - government. a 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 W implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. It is the intent of this act that the adoption and g enforcement by a governing body of regulations for the development of land or the adoption and 0 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. a� VI. PROCESS E Land Development Code Amendments may be proposed by the Board of County Commissioners, < 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 N Planning shall review and process applications as they are received and pass them onto the ri 0) Development Review Committee and the Planning Commission. V- 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 the W public hearing. The Planning Commission shall submit its recommendations and findings to the U- Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the ro adoption of the proposed amendment and considers the staff report, staff recommendation Planning p p p p g U Commission recommendation and the testimony given at the public hearing. The BOCC may adopt U the proposed amendment based on one or more of the factors established in LDC Section 102- M 158(d)(7). N VII. STAFF RECOMMENDATION cN 4i Approval c� VIII.EXHIBITS 1. BOCC agenda item K6 from the July 21, 2021 BOCC meeting BOCC SR Page 17 of 17 File No. 2021-131 Packet Pg.4938 S.2.c „ ;� t BOARD OF COUNTY COMMISSIONERS County of Monroe � �� �� ��"� Mayor Michelle Coldiron,District 2 Mayor Pro Tern David Rice,District 4 -Me Florida Keys Craig Cates,District 1 % Eddie Martinez,District 3 Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: K.6 0 Agenda Item Summary #8411 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources 0 TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292-4441 N/A AGENDA ITEM WORDING: Discussion and direction to process Comprehensive Plan and Land Development Code amendments to facilitate the elevation (lifting up) of lawfully-existing residential < dwelling units by waiving or reducing certain setback and open space requirements, to allow U necessary improvements to provide access (stairs, ramp, etc.) to a house elevated above base flood level to reduce the risk of future flood damage. ITEM BACKGROUND: On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with maximum sustained winds of 130 mph and flooding occurred in U various neighborhoods. Hurricane Irma caused significant damage throughout the Florida Keys, 0 M particularly to structures built prior to the upgraded Florida Building Code adopted after Hurricane � Andrew, to non-elevated structures and to mobile homes. Q It- To provide additional protection to residents that reside in mobile homes in flood hazard areas, >% reduce the repeated impacts by flooding, and enhance public health, safety and welfare, the County 75i already adopted an amendment to eliminate the ability for a mobile home to be placed at an elevation below base flood elevation. E a� Further, the County has embarked on proactively assisting property owners with voluntary elevations through FEMA funded grant programs. In order to encourage participation in proactive flood mitigation projects, such as elevations, staff are recommending the BOCC consider allowing owners to elevate their homes, in place (within the existing footprint of the house), without the need U for variances to setbacks, etc. If a house was built before current code requirements for setbacks and poi open space, it is possible the house location on a site is currently nonconforming, and the current code requires that structures undergoing substantial improvement, where work equals or exceeds 50 W percent of the structure's market value, be fully rebuilt to the current code (come into compliance with current requirements). E c� The County should consider if additional amendments are needed to provide allowances within certain setback and open space requirements, to allow elevations and eliminate impediments to elevating lawfully-existing residential dwelling units, not including mobile homes, above base flood Packet Pg.4939 S.2.c level to reduce future flood damage. This is particularly important, in light of the impacts of Hurricane Irma, the County's better understanding of the flood risks associated with structures below base flood elevation, the opportunity for property owners to reduce their insurance premiums by elevating homes, and the County's ongoing participation in numerous recovery, post disaster and resiliency programs. Further, as the County begins elevating roadways and improving drainage in E low lying neighborhoods, it is important to encourage private property owners to elevate their 4- 0 homes. c Property owners may self-fund improvements to their homes to elevate above base flood levels and there may be additional funding opportunities with the County participating in several grant W programs to provide for the mitigation of flood risks, such as: • FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures CL • Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk 0 of flood damage • Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes Considering these programs, and the County's current effort to prepare for the upcoming FEMA Flood Mitigation Assistance (FMA) Grant Program (typically federal funding is available for up to < 75 percent of the eligible activity costs) and similar funding opportunities, the County should U consider what steps it can take to further facilitate reducing the risk of future damage, hardship, loss, or flood damage within the community. U U Staff is looking for direction for processing Comprehensive Plan and Land Development Code amendments to further enable elevating lawfully-existing residential dwelling units, not including mobile homes, above base flood level, as follows (draft language only): N Notwithstanding trie ol.,)en space provisions set f6rtri in Policy 101.5.25 and 21 Chapter 130 of tree Land Devrdo/,xnent Code and the in1nlnnini retluir(0 i setbacks in Chapters 130 and 131 of tree Land Dew�dopinent Code, a lawfbIl ... existing residential 6m;d1ing unit, not including niobik;,� rionle s, 1,77ay be elevated abo ver base flood lewed to reduce flood danial;e, pursuant toy, • The lawfbIl existing dw(;d1lng unit nia.y ina1nlain its existing setbacks and � oI.-)en space, evf„-�'�n it noncon1ew'nin�,�, provided trie at�""�.��.et..�.��""f„-;'� is f„-�'�lf„-�'��/��tf„-;,'d itriin the original f6oll.vi t of the s1ructur(-;,,,. U U • Setbacks and ol.,)en apace requir(„-;',nienis are CfV/ah/f„-�'O to allow necessary inipro v(-;,nients to a dw(;d1ln,g unit being retrofitted by elevating the unit to i ineet or exceed flood /ew-;ds. The necessary iniprowunents are lit-nited to ingr(;- a sA;�gr(;-a a alrucl..urf„-;,�a (stairs, ranip, landings, elf„-;'nlator, etc.). The CfV/ah/e�r provided shall be l..lie inininnini necessarY to provide access to llie structure, triat is in conipliance with fir(-;, code requir(-;nients. • Side � setback " u � � ass c� �"���:f ���"'�&: rear W:af 1.�����" �""f„-�'� �.���""f„-�'�"��f„-�'�"�lW:a ���""f„-�' CfV/����/f„-�'�: 1�� allow accessory ekr,wated platf6rins abo ver base flood for equil.xnent (niecrian1cal, pluniblng and elf„-�'�ct.rical a.. aleni, appliances and coniponents) situated at least two Packet Pg.4940 (2) feet troin trie side yard property line or at least fiw-;, feet frol-77 trie rear yard property line. /n no ew;vit shall the total conibined area ofall accessory structur(;,s occupy nior(-;, trian 80 percent (80%) oftrie requir(-;O side yard setback area or 60 percent (601Yo) of' trie requir(-;O rear yard E setback area. 0 .a • Maxinnini shoredine setbacks are to be inaintained and, in no evevit shall a 4- 0 shor(,dine setback be less trian ten (10) feet troni inean water. • The iniproileu-nents shall be constructed to avoid off'-site dischaq, of' stornmiater troin trie subj(-;,ct parcel, in accordance witri Section 114...1 of > W trie Monroe CountY Land Dew-;do;xnent Code. • This Policy does not wahle� anY requir(-;O inininnini ve�getated setbacks adjacent to w(-;,,t1ands (see Polic'y 203 1.2 and Policy 204.2-15;) and does not 0 autriorize an y encroachnients to a conservation easenient. This Polic r(y does not restrict a proI,,)ert owner I wn prol,,)osing otrier Y additions or iniprow;vnents to trie elevated house, as long as trie additions, E enlaq,.,jenients, (-;v1,,)ansions, and extensions do not create a noncon1ew-77itY or cause a fbrtrier violation to an existing nonconfIbrinit.y. E U In reviewing the Comprehensive Plan and Land Development Code to identify potential areas that may impact elevating a lawfully-existing residential dwelling unit above base flood level to reduce flood damage, staff has identified setbacks, in particular, as an area to evaluate. U U 0 Example of setback standards: N Q N T- N 21 E 540K, rwMARY, atome 1 v. YAW 777777"7, 777 IrM H U 1HIL U 0 W E KMAK YAO ' Packet Pg.4941 S.2.c Primary Primary Land Use District/Land Front Secondary Side Secondary Rear Front Yard Side Yard Yard Use Yard (ft ) Yard (ft.) (ft.) ft. ft. Improved Subdivision (IS) 25 15 10 5 20 Sparsely Settled (SS) 25 15 10 5 10 e Suburban Residential (SR) 25 1 15 10 5 10 Urban Residential (UR) 15 15 10 5 10 CL C Example of setback scenarios with elevated a house in-place (in the existing location): E as �ii w gp4r�i E -------------- CD C hlniu 10, vvvwwditi House v�wt���t � 401tt x 3 ah— "„400kf" � w d]rix ass. v U hlniu °°IbifiY t)1he U �w pv v¢�pv ipv irw�i�i�v�iw�iw�w pvWv¢v fo rft and ip a seMwk. 0 CD I N PI'd huPo H wµµµaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa LAµµµµµµµµµµ µ µµµµµµµµµµµi. House conforming and the necessaryv� improvements to the 40 a elevated house do not impact setback. 44M x.5rt=1.400Sa" U No nonconformity xw r� U r'quau r ws I,ve efl arEk'a"doxmai a�ma i/ I 0 created. "�� '"` " �' No amendment needed. PI Y! f�i l� Puri ru,} a ium�>,a�61 krefi,rar� W fcmi AC Ilk C (D �.b ............ 6� 5h Packet Pg.4942 S.2.c iI:M:IPN House conforming and necessary 00' improvements mp 'rovements and � E desired improvements' 7777 m rid 4— to the elevated house 40[t x 3 h- 1,40dtSF do not impact setback. � ... ,s d�i thoubuilh,o�i Yhfle Yr oo�and �:I No nonconformity "e a� ��rquir r .t��rede .. > created. Ike dhn�'untJ suilifs wm:J W No amendment needed. � � r,, ,�� , . �� � ��y �... .e imt d,hkN�and JIM e endUrai I addmd Ix.Idffi aaurr.I4o hTip is Y KfI Ntl 9d IUBu qb E �I X111111111111111, �C House conforming and the necessary improvements and to ' House the elevated house dog =,,4a0sF A �� not impact setback. ' �� d House built to the front and hear Desired improvements' � �� �' f � �" setback. r� Jr- Hou proposed within the '�d � � d I��r ��d�:� ��dt tG�� sa A� 4CNf�X a �r r�r I arldturuq a do'11 wamf tl YX)IliI cn!,a e U setbacks. Not �, an k�ldt�,�l Il�o¢firauai7a. C) eCn1lSSlble. r��ur '9��� t'' �r << ur�ry�du'u ���iu± i.�uip�1 idraai° p (11' ;' i i 4G ,F"i�.Mr'aYallonconformity created. D("r INOT I,up,ir�u8;la/d (,apan li,w CDallo amendment atiatiati uu,i ro�Id be ba 1111llwl l 11It iurata� 1111q �proposed. ��111 rfl back??"x? � ------------------------- 5tt c�ft '10l")f iIII House conforming and40 the necessary NJ improvements to the House 440ft x 35ft=1,4400,SF elevated house DO a o....,.. .o....... f y impact setback. Howse built to the front and rear '°, `1 r`� d r 0� setback Nonconformity created ;� d d d Houser lk,u,,.uu all a Aud and All ruru p 4 0 but necessary t0 access a 40' f rai7cI IPaorahoas7°aaIirlor,.I lu;xra7pp the home. ,' uioco -,ar In hu( lmrrfl .;did ✓� �1�� 'Or �o d.ill,amck d 1u)Ytm AAA i���rudi� W Amendment needed to ,� �� pro r o '�4;,hnirnii hair AC:1>0 im, iinj di r to allow without a f ....._ ._. .._ t . ,,I C a� variance approval. Packet Pg.4943 S.2.c 1 NMI. Dc.timiII'fll�;^^: ru ra,e, U) as HOl 0 �� �� eft t x 35fk—1„470SF 0 r r r HOL,Ise built within,, 0 „ front setback- C 42f.X 3d 'f't r r r r rp II II alllf u�011i14rrlllYUl�YirN (D � r r r ' r �i r r�, �i r ��;i� e CL , , 5fC 5tt C E 0 C House already o aD nonconforming and the necessary improvements to the elevated house DO HOa,ae ffit= 1. 70 ,F impact setback. CD Nonconformity expanded setback. f , but necessary to accessHouse r i f1hi�¢u�a Ise°wr,�����°NymOul�rd �M1'r' � r mpkuuqulml IIW:NII Ih,u N811f4 NrIrlPlllll P�,wfl 11 I U�:ItP4N the home.' 4,2,ftx 3MI Amendment needed to 0 allow without a rrlp G� d�:r riiaqulliecJ rresf� ,. oa. 04 variance approval. 04 VIP 04 aft �I Is, House already nonconforming and the HOLIGe (D 4 CD necessary improvements - 1„ cf to the elevated house DO etbae rti�ilt �iktrmir�frmr¶t o impact setback. Nonconformity expanded but necessary to access 9 � � �° h W mr ° 4x ;�5Cf s r�s�� Gir,�wry dl Diu the home. �,� r�nnjd,��admdh lane flvvtf zu,kJ cJ rii tfui cJ Irr,B4Y1V: (D Amendment needed to allow without a variance _--__-_- -_- _-_-! -------- approval. 5tt Ifift Packet Pg.4944 House conforming a n d the necessary improvements to the E elevated house DO 0 impact setback. 401t 35fl 1,400SIF, 4- 0 ... . . . . . . Nonconformity created . 0 but necessary to access Ho u seidn u arld re w Nwflnfuk. xl� A Bit o��o' IE pw�adjull..4n D� hamr. M the home. > Amendment needed to elle allud,md sNlfiii ll�bnd W k"Ondling"'Iddied f111vpuzxftn U„f allow without a ................. I... ..... reu)i�iied fjjckn Y`rr,wa k C 0 variance approval. 0 911, 11 E House conforming and E the necessary -< U improvements to the elevated house DO ---------�'7- ------ --------- HOLIGe illoolooloo, 40ft x 35ft= 1,400SF oo�") l o) impact setback. ooll�I I'll III 11� HOLIse bLItt to the front, House 000l Nonconformity created (D and rear (D primary side, but necessary to access lo��oo'I wtbaick.Existing I� "ooll 4 J� oil oil" Oftx 35ft I'll �",�oo' conservation easement. U I oo�ooill ll� 1, `�000l�, ool� U the home. ll� I ollo,) Amendment needed to III", o`oII r"oo,1111ir oo o I s o �,00 allow without a --------------------- I d ol o 11 1111 1111 o" 1 1111-------- to iierduiasiird fu crii it&E�bzvAr, C4 variance approval. CD C4 C4 5ft loft CD E (D House conforming but owner proposed `desired improvements' of a wraparound porch ...T............. ........ House.... 40ft x 35ft 11,400SF U within the setbacks. Not House built to the fr�ont and rear U permissible. ',`o6o Nonconformity created. 3' HowKc rflkwk)d niid pilqp0Sii)q a Owner can propose W 21)d loo e 0 ircuplilliod 1roifl ai)ld , access improvements in compliance with 'Aide aco:M:' E setbacks. No amendment 511 1 Oft Packet Pg.4945 S.2.c ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- U) 0 Objective 101.5 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect natural resources - by providing for the compatible distribution of land uses consistent with the designations a shown on the Future Land Use Map. c Policy 101.5.34 Notwithstanding the he open space provisions set forth in Policy 101.5.25 and Chapter 130 of the Land Development Code and the minimum required setbacks in Chapters 130 and 131 of the Land Development Code, a lawfully-existing residential dwelling unit, not including mobile homes, may be elevated above base flood level to reduce flood damage, pursuant to: E • The lawfully-existing dwelling unit structure is elevated within the original U (existing footprint of the structure. • Setbacks and open space requirements are waived to allow necessary improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver U provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. T- • Side and rear setback requirements are waived to allow accessory elevated N platforms above base flood for equipment (mechanical, plumbing and N electrical systems, appliances and components) situated at least two (2) feet 21 from the side yard property line or at least five (5) feet from the rear yard property line. In no event shall the total combined area of all accessory structures occupy more than 80 percent (80%) of the required side yard setback area or 60 percent (60%) of the required rear yard setback area. • Maximum shoreline setbacks are to be maintained and, in no event shall a shoreline setback be less than ten (10) feet from mean high water. • The improvements shall be constructed to avoid off-site discharge of U stormwater from the subject parcel, in accordance with Section 114-3 of the Monroe County Land Development Code. • Development shall maintain compliance to the maximum extent practicable, as determined by the Planning Director. • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a conservation easement. • This Policy does not restrict a property owner from proposing other additions or improvements to the elevated house, as long as the additions, Packet Pg.4946 S.2.c enlargements, expansions, and extensions do not create a nonconformity or cause a further violation to an existing nonconformity. Objective 101.9 Monroe County shall eliminate or reduce the frequency of structures which are inconsistent with the applicable provisions of the land development regulations, zoning districts, Future Land Use categories and the Future Land Use Map. - In Monroe County, some nonconforming structures are an important part of the a community character and the County desires to maintain such character and protect these lawfully established, nonconforming structures and allow them to be repaired or replaced. 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 pre-destruction market value of the structure. Improvements to historic structures, and improvements to meet health, sanitary or safety code specifications are not considered substantial improvements. E U Policy 101.9.2 Enlargements and extensions to lawful nonconforming structures outside of the Mixed Use Commercial Fishing District or a Community Center Overlay shall be allowed, provided that: 1. the improvement does not constitute a substantial improvement; U U 2. a nonconforming use is not located in the nonconforming structure; and 3. the nonconformity is not further violated. N N Policy 101.9.3 N A nonconforming structure, other than a locally or nationally registered historic 21 structure, shall not be moved unless it thereafter shall conform to the applicable provisions of the Monroe County Code. E Policy 101.9.4 With the following exceptions, nonconforming structures which are damaged or destroyed so as to require substantial improvement shall be repaired or restored in conformance with all applicable provisions of the current Monroe County Code. U Substantial improvement or reconstruction of nonconforming single-family dwelling units homes shall comply with the setback and open space provisions set forth in T- Policy 101.5.25 and in Chapters 130 and 131 of the Monroe County Land Development Code, except where strict compliance would result in a reduction in lot coverage as compared to the pre-destruction footprint of the dwelling unit house. In such cases, the previously approved open space ratio shall be applied; and the maximum shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high water. Packet Pg.4947 S.2.c To further recovery, post disaster and resiliency, notwithstanding the open space provisions set forth in Policy 101 .5.25 and Chapter 130 of the Land Development Code and the minimum required setbacks in Chapters 130 and 131 of the Land Development Code, a lawfully-existing residential dwelling unit, not including mobile homes, may be retrofitted to elevate the structure above base flood level to reduce flood damage, pursuant to: - • The lawfully-existing dwelling unit may maintain its existing setbacks and 29= open space, even if nonconforming, provided the structure is elevated within the original (existing) footprint of the structure. • Setbacks and open space requirements are waived to allow necessary improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. • Side and rear setback requirements are waived to allow accessory elevated platforms above base flood for equipment (mechanical, plumbing and E electrical systems, appliances and components) situated at least two (2) feet U Lj from the side yard property line or at least five (5) feet from the rear yard property line. In no event shall the total combined area of all accessory structures occupy more than 80 percent (80%) of the required side yard setback area or 60 percent (60%) of the required rear yard setback area. • Maximum shoreline setbacks are to be maintained and, in no event shall a U U shoreline setback be less than ten (10) feet from mean high water. • The improvements shall be constructed to avoid off-site discharge of T- stormwater from the subject parcel, in accordance with Section 114-3 of the N Monroe County Land Development Code. N • This Policy does not waive any required minimum vegetated setbacks 21 adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a conservation easement. • This Policy does not restrict a property owner from proposing other additions or improvements to the elevated house, as long as the additions, enlargements, expansions, and extensions do not create a nonconformity or cause a further violation to an existing nonconformity_ U U i 'm tillIaft' t E amP192 Und 12gl teI g2nt Code ,Am i�ad aa'ts Sec. 102-57. Nonconforming Structures. (a) Authority to continue. A nonconforming structure devoted to a use permitted in the land use (zoning) district in which it is located, or devoted to a nonconforming use with authority to continue pursuant to Section 102-56, may be continued in accordance with the provisions of this section. Packet Pg.4948 S.2.c (b) Ordinary repair and maintenance. Normal maintenance and repair of nonconforming structures registered in accordance with section 102-55 may be performed. (c) Enlargements, expansions, and extensions. Lawful nonconforming structures that are used in a manner conforming to the provisions of this Land Development Code and the Comprehensive Plan may be enlarged, expanded, or extended, - provided that: (1) The improvement does not constitute a substantial improvement; (2) A nonconforming use is not located in the nonconforming structure; and (3) The nonconformity is not further violated. (d) Relocation. A nonconforming structure, other than a historic structure listed on the National Register of Historic Places, the Florida Inventory of Historic Places, and/or designated as historic by the BOCC, shall not be moved unless it thereafter shall conform to the regulations of the land use (zoning) district in which it is relocated. (e) Termination, Damage or Destruction and Retrofits. (1) Abandonment. Where a nonconforming structure is voluntarily abandoned for 18 consecutive months, then such structure shall be demolished, removed or converted to a conforming structure. U (2) Damage or destruction. a. A nonconforming structure that is damaged or destroyed to the extent of less than 50 percent of the fair market value of such structure may be restored as of right if a building permit for reconstruction is issued within six months of the date of the damage (such damage or destruction may be U U voluntarily or due to natural phenomena whose effects could not be prevented by the exercise of reasonable care and foresight). b. Except as provided in section 135-5, chapter 122 in regard to mobile N homes, and section 130-163, any nonconforming structure that is N damaged or destroyed so as to require substantial improvement may be 21 repaired or restored only if the structure conforms 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. U c. Substantial improvement or reconstruction of nonconforming single-family dwelling unitsFe,�es shall comply with all applicable setback and open space provisions of this Land Development Code set forth in chapters 130 and 131 except where strict compliance would result in a reduction in lot coverage as compared to the pre-destruction footprint of the dwelling unithouse. In such cases, the previously approved open space ratio shall be applied; and the maximum shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high water. Packet Pg.4949 S.2.c (3) Elevation Retrofits. To further recovery, post disaster and resiliency, as provided in Policy 101.9.4, a lawfully-existing residential dwelling unit, not including mobile homes, may be retrofitted to elevate the structure above base flood level to reduce flood damage, pursuant to: a. The lawfully-existing dwelling unit may maintain its existing setbacks and open space, even if nonconforming_provided the structure is elevated - within the original (existing) footprint of the structure. C b. Setbacks and open space requirements are waived to allow necessary improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. c. Side and rear setback requirements are waived to allow accessory elevated platforms above base flood for equipment (mechanical, plumbing and electrical systems, appliances and components) situated at least two (2) feet from the side yard property line or at least five (5) feet from the E rear yard property line. In no event shall the total combined area of all U accessory structures occupy more than 80 percent (80%) of the required side yard setback area or 60 percent (60%) of the required rear yard setback area. d. Maximum shoreline setbacks are to be maintained and, in no event shall a shoreline setback be less than ten (10) feet from mean high water. U U e. The improvements shall be constructed to avoid off-site discharge of stormwater from the subject parcel, in accordance with Section 114-3 of V- the Monroe County Land Development Code. CN f. This Policy does not waive any required minimum vegetated setbacks V- adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not 21 authorize any encroachments to a conservation easement. g. This Policy does not restrict a property owner from proposing other additions or improvements to the elevated house, as long as the additions, enlargements, expansions, and extensions do not create a nonconformity or cause a further violation to an existing nonconformity_ (4) Amortization. Any nonconforming structure may be subject to compulsory termination when it is found detrimental to the conservation of the value of U surrounding land and improvements, and therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory termination of a i V— nonconforming structure, the BOCC will establish a definite and reasonable amortization period during which the nonconforming structure may continue while the investment value decrement resulting from termination is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming structure less their value and condition for a conforming structure, and such other reasonable Packet Pg.4950 S.2.c costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice. (f) Water-dependent and water-related commercial nonconforming structures. Lawfully established water-dependent and water-related nonresidential structures which are identified as a source of economic sustainability within a Livable CommuniKeys Plan may be permitted to be rebuilt even if 100 percent destroyed - provided that they are rebuilt to preexisting use and registered in accordance with a section 102-55. Development shall be brought into compliance to the maximum extent practicable, as determined by the Planning Director. Sec. 131-1. Required Setbacks. (a) Unless otherwise allowed for in this Land Development Code, no structure or land shall be developed, used or occupied except in accordance with the bulk regulations set out in the following table. Primary Secondary Primary Secondary Front Rear Yard Land Use District/Land Use Yard Front Yard Side Yard Side Yard ft. , Airport AD 25 25 10 10 25 Commercial (Cl) 25 15 10 5 10 Commercial C2 15 15 10 5 10 , Commercial Fishing Area (CFA), Commercial Fishing Special District 25 15 10 5 20 U (CFSD), and Commercial Fishing Village CFV Conservation C 25 15 10 5 20 cN Destination Resort DR 50 25 20 15 30 cN Improved Subdivision IS 25 15 10 5 20 cN 21 Industrial I 25 15 10 5 25 Mainland Native MN 25 25 10 5 20 i Maritime Industries MI 25 25 10 5 25 Military Facilities MF 25 15 10 5 20 E Mixed Use MU 15 15 10 5 10 Native Area NA 25 15 10 5 20 Offshore Island OS 25 15 10 5 20 Park and Refuge PR 25 15 10 10 10 Recreational Vehicle (RV)* 25 15 10 5 10 L) Sparsely Settled SS 25 15 10 5 10 Suburban Commercial SC 25 15 10 5 10 Suburban Residential SR 25 15 10 5 10 Suburban Residential Limited SR-L 25 15 10 5 10 ; Urban Commercial UC 15 15 10 5 10 Urban Residential UR : 15 15 10 5 10 E Urban Residential Mobile Home URM ** < Lots less than 50 feet wide 10 10 5 5 10 Lots 50 feet wide or greater 10 10 10 5 10 Packet Pg.4951 S.2.c Urban Residential Mobile Home 10 10 10 10 10 Limited URM-L ** *For RV parks within the RV Land Use District, the RV setback requirements shall apply to the district/RV park boundaries and not to the interior RV spaces. **For mobile home parks within the URM and URM-L Land Use Districts, the setback requirements shall apply to the district/mobile home park boundaries and not to the interior mobile home spaces. 'Notwithstanding the required setbacks, retrofitting a lawfully existing residential dwelling unit, not 0 including mobile homes, to elevate the unit above base flood level to reduce flood damage may encroach a the required setbacks, as provided in Policies 101.5.34 and 101.9.4 and Sections 102-57 and 131-3. (b) Applicability of required setbacks. APPLICABILITY OF � c REOU EP 5ET5AGK5 , CL 0 1 PRIMARY FRONTYARD I l�SET®ACK PRIMARY 519E YARD 1 I 1 I I 1 �JILDIWG ads 54DE WARD------� 1 9it3AGK qJ' I REAR YARD p q �_1..—..—.._.._,.—..—.._.._.,_._.._,.—.._._ _.. �d PROPERLY CORNER It- Sec. 131-3. Applicability of Required Setbacks. N (a) Bufferyards. When a bufferyard is required under the provisions of Chapter 114, N 21 Article V, compliance with the bufferyard provisions along a property line shall relieve the necessity of complying with the setback provisions along the same property line if the width of the bufferyard is greater than the applicable setback requirement set forth in Section 131-1. (b) Shoreline setbacks. All development shall be set back from shorelines as required in Section 118-12. Docking and mooring facilities within the shoreline setback shall be set back from side property lines in accordance with Section 118-12. The side yard setback does not apply to a utility pole, utility rack, seawall, fence, retaining U U wall, or marginal dock. (c) Front yard setbacks. A front yard is a required setback on a parcel of land that is 1 located along the full length of the front property line of the parcel, is generally the property frontage to which development on the parcel is oriented and is generally adjacent a road. On parcels fronting more than one road, such as corner lots and double frontage parcels, each yard along a road shall be a front yard. The front yard setback does not apply to a utility pole or utility rack. (1) Single frontage parcels. For a parcel that has only a single road frontage, the primary front yard requirement set forth in Section 131-1 shall be applied. Packet Pg.4952 S.2.c (2) Double frontage parcels. For a parcel that has road frontage along two or more roads, the primary front yard requirement set forth in Section 131-1 shall generally be applied to the front yard to which development on the parcel is oriented. The secondary front yard requirement set forth in Section 131-1 shall be applied to the remaining front yard(s). For parcels located within the median of U.S. Highway 1, the primary front yard requirements shall be applied to both - front yards situated along the highway right-of-ways. r. (3) Accessory driveways and walkways. Accessory structures, limited to driveways and walkways, may be permitted within a required front yard setback provided they do not exceed six (6) inches in height as measured from grade. In no event shall the total combined area of all accessory structures occupy more than 60 percent of the required front yard setback area. CL (4) Off-street parking on residentially developed parcels. Any required off-street parking spaces may be located on an accessory driveway within the front yard setback on a parcel developed exclusively with a residential use. Any vehicle utilizing such an off-street parking space shall be properly licensed and operable. E (5) Signs, fences and landscaping. Signs as permitted in Chapter 142, fences as U permitted in Chapter 114 and landscaping may be permitted in a required front yard setback. (6) Ingress and Egress for lawfully established residential dwelling units retrofitted to elevate the structure above base flood level. Retrofitting a lawfully existing residential dwelling unit, not including mobile homes, to elevate the unit above c) c) base flood level to reduce flood damage may encroach the front yard requirement set forth in Section 131-1 to allow necessary improvements to � access the dwelling unit. The necessary improvements are limited to N ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver It- provided shall be the minimum necessary to provide access to the structure 21 that is in compliance with fire code requirements. i (d) Side yard setbacks. A side yard is a required setback on a parcel of land that is located along the full length of the side property line and is generally between the front and rear property lines. The side yard setback does not apply to a utility pole, utility rack, seawall, fence, retaining wall, or marginal dock. (1) Side yard requirements (excluding four-sided platted corner lots). With the exception of four-sided platted corner lots, the primary side yard requirement U set forth in Section 131-1 shall be applied to one side yard. The secondary side yard requirement set forth in Section 131-1 shall be applied to any remaining i side yards. (2) Side yard requirements for four-sided platted corner lots. On a platted corner lot with only four sides, there shall be a primary front yard, secondary front yard, rear yard, and a single side yard. For such lots, there shall be no primary side yard setback requirement, and the single side yard shall be subject to the secondary side yard setback requirement set forth in Section 131-1. Packet Pg.4953 S.2.c (3) Accessory driveways, walkways, patios and decking on residentially developed parcels. Accessory structures, limited to driveways, walkways, patios, and decks, may be permitted within a required side yard setback on a parcel developed exclusively with a residential use if the structure meets the provisions of this subsection. Such an accessory structure shall a) not exceed six (6) inches in height as measured from grade; b) be situated at least one (1) - foot from the side yard property line; and c) be constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3. In no event shall the total combined area of all accessory structures occupy more than 80 percent of the required side yard setback area. (4) Accessory stairs and platforms to elevate mechanical, plumbing and electrical equipment on parcels developed with a residential dwelling unit built prior to March 15, 2012. Accessory structures, limited to stairs and platforms, may be permitted within a required side yard setback on a parcel developed exclusively with a residential use if the following provisions are met: a) the residential unit was issued a certificate of occupancy prior to March 15, 2012; E b) the accessory structure is required to elevate mechanical, plumbing and U electrical equipment at or above required flood elevations; c) the accessory structures shall be situated at least two (2) feet from the side yard property line; and d) the accessory structures must be constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3. In U U no event shall the total combined area of all accessory structures occupy more than 80 percent of the required side yard setback area. T- (5) Ingress and Egress for lawfully established residential dwelling units retrofitted CCD N to elevate the structure above base flood level. Retrofitting a lawfully existing CN residential dwelling unit, not including mobile homes, to elevate the unit above 21 base flood level to reduce flood damage may encroach the primary side yard requirement set forth in Section 131-1 to allow necessary improvements to access the dwelling unit. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. (e) Rear yard setbacks. A rear yard is a required setback on a parcel of land that is U located along the full length of the rear property line and is generally on the side opposite to the primary front yard. The rear yard setback does not apply to a utility pole or utility rack or plumbing and electric fixtures for a vessel pumpout. (1) Accessory structures on residentially developed parcels. An accessory structure may be permitted within a required rear yard setback on a parcel developed exclusively with a residential use if the structure meets the provisions of this subsection. An accessory structure not exceeding eighteen (18) inches in height as measured from grade may be permitted if the structure is a) situated at least one (1) foot from the rear yard property line and b) Packet Pg.4954 S.2.c constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance with Section 114-3. An accessory structure not exceeding twelve feet (12) feet in height as measured from grade may be permitted if the structure is a) situated at least ten (10) feet from the rear property line. In no event shall the total combined area of all accessory structures occupy more than 60 percent of the required rear yard setback - area. (2) Ingress and Egress for lawfully established residential dwelling units retrofitted to elevate the structure above base flood level. Retrofitting a lawfully existing residential dwelling unit, not including mobile homes, to elevate the unit above base flood level to reduce flood damage may encroach the rear yard requirement set forth in Section 131-1 to allow necessary improvements to access the dwelling unit. The necessary improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the structure that is in compliance with fire code requirements. (3) Accessory stairs and platforms to elevate mechanical, plumbing and electrical E equipment on parcels developed with a residential dwelling unit retrofitted to U elevate the structure above base flood level. Accessory structures, limited to stairs and platforms, may be permitted within a required rear setback on a parcel developed exclusively with a residential use if the following provisions are met: a) For the rear setback area, the structure is situated at least five (51 feet from the rear yard property line. In no event shall the total combined area U U of all accessory structures occupy more than 60 percent (60%) of the required rear yard setback area. � N It- PREVIOUS RELEVANT BOCC ACTION: 21 i CONTRACT/AGREEMENT CHANGES: N/A E STAFF RECOMMENDATION: Staff seeks direction on processing amendments. DOCUMENTATION: U U FINANCIAL IMPACT: Effective Date: Expiration Date: E c� Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Packet Pg.4955 S.2.c Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: E 4- Revenue Producing: If yes, amount: Grant: c County Match: Insurance Required: n/a Additional Details: CL 0 REVIEWED BY: Assistant County Administrator Christine Hurley Completed 06/30/2021 12:53 PM E Emily Schemper Completed 07/06/2021 9:44 AM U Derek Howard Completed 07/06/2021 10:11 AM Purchasing Completed 07/06/2021 10:13 AM Budget and Finance Completed 07/06/2021 4:20 PM Maria Slavik Completed 07/06/2021 5:47 PM Liz Yongue Completed 07/07/2021 9:14 AM U Board of County Commissioners Pending 07/21/2021 9:00 AM U M T- N N T- N 21 i E U U i E c� Packet Pg.4956 S.2.d r 1 rrd 14 4m.ww 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE NO. -2022 9 4- 10 AN ORDINANCE AMENDING THE MONROE COUNTY 2030 COMPREHENSIVE 0 11 PLAN TO CREATE POLICY 101.5.34 AND TO AMEND POLICY 101.9.4 TO PROVIDE g 12 EXCEPTIONS TO NON-SHORELINE AND SHORELINE SETBACK AND OPEN > 13 SPACE REQUIREMENTS FOR THE ELEVATION OF LAWFULLY EXISTING 14 RESIDENTIAL DWELLING UNITS ABOVE FLOOD REQUIREMENTS; PROCESSED 15 AS PART OF THE EVALUATION AND APPRAISAL AMENDMENTS TO THE 16 MONROE COUNTY 2030 COMPREHENSIVE PLAN; TO REFLECT CHANGES IN 17 LOCAL CONDITIONS AND RECENT DATA, TRENDS, ISSUES AND CHALLENGES; 18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING ' 20 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO 21 AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN; 22 PROVIDING FOR AN EFFECTIVE DATE. 0 23 24 25 WHEREAS, Monroe County may, pursuant to Article 8 of the Florida Constitution and Florida 26 Statute § 125.66, enact ordinances to protect the public health, safety, and welfare of the residents of and 27 visitors to the County; and 0 28 29 WHEREAS, on April 15, 1993,the Monroe County Board of County Commissioners adopted the CL 30 2010 Monroe County Comprehensive Plan; as amended pursuant to Department of Community Affairs 0 31 Rule 91-14.022,Florida Administrative Code ("F.A.C.") on January 4, 1996, and adopted by F.A.C. Rule 32 28-20.100 Part I, January 2, 1996 and Part II, July 14, 1997; and 33 34 WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the 35 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update 36 comprehensive plans to reflect changes in local conditions; and 37 38 WHEREAS, on August 18, 2004, the Monroe County Board of County Commissioners adopted U 39 an Evaluation and Appraisal Report("EAR"),pursuant to Florida Statute § 163.3191,for the 2010 Monroe S 40 County Comprehensive Plan, and subsequently adopted Comprehensive Plan amendments in accordance 41 with the 2004 EAR; and U) 42 ' 43 WHEREAS, on May 22, 2012, the Monroe County Board of County Commissioners via U 44 Resolution No. 150-2012 adopted an Evaluation and Appraisal Report ("EAR"), pursuant to Florida 45 Statute § 163.3191, for the 2010 Monroe County Comprehensive Plan, and subsequently adopted 46 Comprehensive Plan amendments in accordance with the 2012 EAR; and 1 of 7 Packet Pg.4957 S.2.d 1 U 2 WHEREAS, after statutory updates to Florida Statute § 163.3191, the Department of Economic 3 Opportunity ("DEO") revised the Monroe County evaluation and appraisal notification letter deadline to 4 May 1, 2014, in Rule 73C-49, F.A.C.; and 5 6 WHEREAS, on April 23, 2014, the Monroe County Board of County Commissioners approved 7 the EAR Notification Letter to DEO which specified the necessary Plan amendments required to reflect 8 changes in requirements in the Florida Statutes and the County prepared Comprehensive Plan amendments T 9 in accordance with the 2014 EAR notification letter; and 0 a� 4- 10 0 11 WHEREAS, on April 13,2016,the Monroe County Board of County Commissioners adopted the 2 12 2030 Monroe County Comprehensive Plan pursuant to Ordinance No. 005-2016, which included the 13 County's EAR-based amendments; and a� 14 15 WHEREAS,the 2030 Monroe County Comprehensive Plan became effective upon the posting of T- 16 the Notice of Intent on the DEO website on June 20, 2016; and . 17 18 WHEREAS, pursuant to Florida Statute § Section 163.3191, Monroe County must evaluate its 19 Comprehensive Plan every seven (7) years to determine if amendments are necessary to reflect changes Iq T_ 20 in state statutory and/or state administrative code requirements; and Q 21 22 WHEREAS,pursuant to Florida Statute § 163.3191, and Rule 73C-49,F.A.C., Monroe County's 0 23 evaluation and appraisal notification letter deadline to DEO was May 1, 2021; and 24 25 WHEREAS, on April 21, 2021, the Monroe County Board of County Commissioners approved 26 transmittal of the County's evaluation and appraisal ("EA")notification letter to DEO; and 27 0 28 WHEREAS, Monroe County is proposing amendments in accordance with the 2021 evaluation 29 and appraisal ("EA") notification letter, including amendments to address the Peril of Flood state 0. 30 legislation, an update to the definition of the term `development,' and amendments to address the now 31 statutorily required Property Rights Element; and 32 33 WHEREAS, Monroe County is proposing amendments to the Comprehensive Plan to 34 accommodate the needs of existing residential structures for which elevation above required flood heights 35 has been determined to be feasible; as such retrofitting of existing construction allows the homeowner to 36 reuse materials, energy, and other resources expended in the original construction of the home; offers 37 solutions to homeowners that may be more economically advantageous than complete reconstruction; and 0 38 encourages property owners to make their homes more resilient to storm events and sea level rise; and U 39 40 WHEREAS, the Monroe County Planning and Environmental Resources Department 41 ("Department")conducted a community meeting on October 14,2021,to review the proposed amendment U) 42 and to receive public comment; and 43 U 44 WHEREAS, the Monroe County Development Review Committee ("DRU) reviewed and 45 considered the proposed amendments at a regularly scheduled duly noticed meeting held on November 46 15, 2021; and 2of7 Packet Pg.4958 S.2.d I WHEREAS, on January 26, 2022, the Monroe County Planning Commission held a public U 2 hearing for the purpose of considering the proposed amendment and provided for public comment; and 3 U) 4 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P03-22 5 recommending approval,with changes to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh 6 rabbit habitat and buffer area within the MIAI boundary, and to Objective 108.1 to add that the County 7 will encourage effective communication and coordination with Naval Air Station Key West and the other a 8 military activities/facilities within unincorporated Monroe County; and 9 " 0 4- 10 WHEREAS, on March 16, 2022, the Monroe County Board of County Commissioners held a 0 11 public hearing, considered the staff report, and provided for public comment and public participation in g 12 accordance with the requirements of state law and the procedures adopted for public participation in the 13 planning process; and a� 14 15 WHEREAS, at the March 16, 2022, public hearing, at staff's request, the BOCC continued the 16 transmittal hearing,just for the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4 17 related to elevation of existing dwelling units to the April 20,2022,public hearing as a separate transmittal 18 to allow for additional coordination and revisions; and 19 20 WHEREAS, at the March 16, 2022, public hearing, the BOCC voted to transmit the remaining 21 proposed amendments to DEO to review the proposal; and 22 0 23 WHEREAS, at the March 16, 2022, public hearing, the BOCC adopted Resolution 105-2022 24 transmitting the remaining proposed text amendments to the State Land Planning Agency without Policy U 25 101.5.34 and amend Policy 101.9.4 related to elevation of existing dwelling units; and 26 27 WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners held a 28 public hearing to consider the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4 0 29 related to elevation of existing dwelling units, considered the staff report, and provided for public 0. 30 comment and public participation in accordance with the requirements of state law and the procedures 0 31 adopted for public participation in the planning process; and 32 33 WHEREAS, at the April 20, 2022, public hearing, the BOCC voted to transmit the proposed 34 amendments to create Policy 101.5.34 and amend Policy 101.9.4 related to elevation of existing dwelling 35 units to DEO to review the proposal; and 36 37 WHEREAS, at the April 20, 2022, public hearing, the BOCC adopted Resolution 138-2022 0 38 transmitting the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4 related to U 39 elevation of existing dwelling units to the State Land Planning Agency; and 40 41 WHEREAS,the State Land Planning Agency reviewed the amendment and issued an Objections, U) 42 Recommendations and Comments ("ORC")report, received by the County on July 19, 2022; and ' 43 U 44 WHEREAS, the ORC report stated, "The Department does not identify any objections or 45 comments on the proposed amendment;" and 46 3 of 7 Packet Pg.4959 S.2.d I WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed U 2 amendment, adopt the amendment with changes or not adopt the amendment; and 3 U) 4 WHEREAS, on October 19, 2022, the BOCC held a public hearing to consider adoption of the 5 proposed Comprehensive Plan text amendment; and 6 7 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 8 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 9 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and 0 4- 10 development; and 0 11 � 12 WHEREAS, based upon the documentation submitted and information provided in the 13 accompanying staff report, the Monroe County Board of County Commissioners makes the following 0 14 Conclusions of Law: 15 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030 16 Monroe County Comprehensive Plan; and V- 17 2. The proposed amendment is consistent with the Principles for Guiding Development for the 18 Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and 19 3. The proposed amendment is consistent with Part 11 of Florida Statutes Chapter 163. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 22 OF MONROE COUNTY, FLORIDA: 0 23 24 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, conclusions U 25 of law, and statements of legislative intent are true and correct and are hereby incorporated as if fully 26 stated herein. 27 0 28 Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as follows 29 (Proposed amendments are shown with deletions stricken through and additions are underlined): 0. 30 31 Policy 101.5.34 32 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and E 33 Chapters 118 and 130 of the Land Development Code, and the minimum required setbacks in 34 Policy 212.2.4, and Chapters 118, 130, and 131 of the Land Development Code, a lawfully- 35 existing residential dwelling unit,not including mobile homes,may be elevated above base flood 36 level (design flood elevation)to reduce flood damage,pursuant to: 0. 37 • The lawfully-existing dwelling unit structure is elevated within the on_ig nal (lawfully- 0 38 existing) footprint of the structure. U 0 39 • Setbacks and land use open space requirements are waived to allow necessary S 40 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed � 41 flood levels. The necessary improvements are limited to in_rg ess/egress structures (stairs, U) 42 ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to ' 43 provide access to the structure that is in compliance with fire code requirements. U 44 Side and rear setback and open space requirements are waived to allow accessory elevated 45 platforms above base flood for equipment (mechanical, plumbing and electrical systems, c� 4of7 Packet Pg.4960 S.2.d I appliances and components) situated at least two (2) feet from the side yard property line i 2 or at least five (5)feet from the rear yard property line. 3 Maximum possible shoreline setbacks and open space are to be maintained, and in no event 4 shall a required shoreline setback be reduced to less than ten (10) feet from mean high 5 water except to accommodate the lawfully existing _footprint of the structure to be elevatedfootprint of the structure to be elevated. 6 The improvements shall be constructed to avoid off-site discharge of stormwater from the 7 subjectparcel, in accordance with Section 114-3 of the Monroe County Land Development a 8 Code. 9 Development shall maintain compliance to the maximum extent practicable, as determined 0 4- 10 by the Planning Director. 0 a 11 This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands g 12 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a > 13 conservation easement. 0 14 This Policy does not restrict a property owner from proposing other additions or 15 improvements to the elevated dwelling unit, as long as the additions, enlargements, 16 expansions, and extensions do not create a nonconformity or cause a further violation to an 17 existing nonconformity. 18 New construction or reconstruction of single-family dwelling units shall comply with the 19 setback and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in Iq 20 Chapters 118, 130, and 131 of the Monroe County Land Development Code. Q 21 22 * * * 0 23 Policy 101.9.4 24 With the following exception, nonconforming structures which are damaged or destroyed so as to 25 require substantial improvement shall be repaired or restored in conformance with all applicable 26 provisions of the current Monroe County Code. Substantial improvement or reconstruction of 27 nonconforming single-family dwelling units nits homes shall comply with the setback and open space 0 28 provisions set forth in Policy 101.5.25 and in Chapters 130 and 131 of the Monroe County Land 29 Development Code except where strict compliance would result in a reduction in lot coverage as 0. 30 compared to the pre-destruction footprint of the dwelling unit heuse. In such cases, the previously 0 31 approved open space ratio shall be applied; and the maximum shoreline setback shall be 32 maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high 33 water. 34 35 To further post disaster recovery and resiliency, notwithstanding g the open space provisions set 36 forth in Policy 101.5.25,Policy 212.2.4, and Chapters 118 and 130 of the Land Development Code 37 and the minimum required setbacks in Policy 212.2.4, and Chapters 118, 130, and 131 of the Land 0 38 Development Code, a nonconforming lawfully-existing residential dwelling unit, not including U 39 mobile homes, may be retrofitted to elevate the structure above base flood level (design flood S 40 elevation)to reduce flood damage,pursuant to: 41 The lawfully-existing dwelling unit structure may maintain its existing setbacks and open U) 42 space, even if nonconforming, provided the structure is elevated within the original ' 43 (lawfully-existing) footprint of the structure. U 44 Setbacks and land use open space requirements are waived to allow necessary 45 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed 46 flood levels. The necessary improvements are limited to ingress/egress structures (stairs, 5 of 7 Packet Pg.4961 S.2.d I ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to i 2 provide access to the structure that is in compliance with fire code requirements. 3 Side and rear setback and open space requirements are waived to allow accessory elevated U 4 platforms above base flood for equipment (mechanical, plumbing and electrical systems, 5 appliances and components) situated at least two (2) feet from the side yard property line 6 or at least five (5)feet from the rear yard property line. 7 Maximum possible shoreline setbacks and open space are to be maintained,and in no event 8 shall a shoreline setback be less than ten (10) feet from mean high water except to T 9 accommodate the lawfully existing _footprint of the structure to be elevatedfootprint of the structure to be elevated. 4- 10 The improvements shall be constructed to avoid off-site discharge of stormwater from the 0 11 subject parcel, in accordance with Section 114-3 of the Monroe County Land Development g 12 Code. > 13 This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands 14 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a 15 conservation easement. V- 16 This Policy does not restrict a property owner from proposing other additions or . 17 improvements to the elevated dwelling unit, as long as the additions, enlargements, 18 expansions, and extensions do not create a nonconformity or cause a further violation to an 19 existing nonconformity. 20 V- 21 Section 3. Severability. If any portion of this Ordinance, or any part or portion thereof, is held to 22 be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the 0 23 invalidity or unenforceability of such provision,or any part or portion thereof,shall neither limit nor impair 24 the operation, enforceability, or validity of any other provision of this Ordinance, or any remaining pert(s) 25 or portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) or portion(s) thereof, 26 shall continue unimpaired in full force and effect. 27 0 28 Section 4. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this 0 29 ordinance are hereby repealed to the extent of said conflict. 0 30 31 Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 32 Agency as required by Florida Statutes §§ 380.05 (11) and 380.0552(9). 33 34 Section 6.Filing. This Ordinance shall be filed in the Office of the Secretary of the State of Florida 35 but shall not become effective until a notice is issued by the State Land Planning Agency or Administration 36 Commission finding the amendment in compliance with Florida Statutes Chapter 163, and after any 37 applicable challenges have been resolved. 0 38 U 39 Section 7. Inclusion in the Monroe County Comprehensive Plan. The amendments shall be 40 incorporated in the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing 41 amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan. C 42 ' 43 Section 8. Effective Date. This ordinance shall become as provided by law and stated above. U 44 45 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 46 at a regular meeting held on October 19, 2022. 6of7 Packet Pg.4962 S.2.d 1 u 2 Mayor David Rice 3 Mayor Pro Tem Craig Cates U 4 Commissioner Michelle Coldiron 5 Commissioner James K. Scholl 6 Commissioner Holly Merrill Raschein 7 8 BOARD OF COUNTY COMMISSIONERS �+ 9 OF MONROE COUNTY, FLORIDA 0 10 0 11 By: 12 Mayor David Rice 13 14 15 16 (SEAL) 17 ATTEST: KEVIN MADOK, CLERK 18 19 20 By: 21 AS DEPUTY CLERK 0 c� 0 0. 0 CL 0 u 0 CL U) 0 u E c� 7of7 Packet Pg.4963