Item S04 S.4
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
November 15, 2022
Agenda Item Number: S.4
Agenda Item Summary #11387
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
Approving Amendments to the Monroe County Land Development Code Amending Section 101-1
Definitions; To Update Floodplain Management Definitions; To Repeal And Reenact Chapter 122
Floodplain Management; To Adopt an Updated Chapter 122 Floodplain Management Ordinance To
Be Consistent With The Florida Division Of Emergency Management- Bureau Of Mitigation - State
Floodplain Management Office's Model Floodplain Management Ordinance Which Is Written To
Explicitly Rely On And Be Coordinated With The Flood Provisions In the Florida Building Code,
Meeting the National Flood Insurance Program (NFIP) Requirements and Approved by the Federal
Emergency Management Agency (FEMA) In 2013; Including Designating a Floodplain
Administrator, Adopting Procedures And Criteria For Development In Flood Hazard Areas, and For
Other Purposes.
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department ("Department") is
proposing amendments to repeal and reenact Chapter 122, Floodplain Management, to be consistent
with the Florida Division of Emergency Management's ("FDEM") State Model Ordinance which is
written to explicitly rely on the flood provisions in the Florida Building Code ("FBC"), to continue
to fulfill the requirements of the National Flood Insurance Program ("NFIP"), and maintain good
standing in the program, and continue to meet the Community Rating System ("CRS") requirements
and maintain our CRS score.
In summary, the amendment includes the following:
• Updates to the Foodplain management definitions in Section 101-1.
• Establishes the purpose, scope and intent of Chapter 122, Floodplain Management.
• Specifies that Chapter 122 is be administered and enforced in conjunction with the
Florida Building Code. The flood load and flood resistant construction requirements of
the Florida Building Code shall apply to all buildings and structures that are wholly
within or partially within any flood hazard area.
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• Establishes that Chapter 122 applies to all flood hazard areas within the unincorporated
areas of Monroe County.
• Retains the reference and use of the Flood Insurance Study for Monroe County dated
February 18, 2005, and the accompanying Flood Insurance Rate Maps ("FIRMs").
• Retains the provisions for the Permit Referral Process ("PRP"), Species Focus Area
("SFA") maps, Species Assessment Guides ("SAGs") and the administration of
development review within SFAS.
• Provides updated floodplain management definitions for Chapter 122.
• Designates the Building Official as the Floodplain Administrator and provides for the
duties and authority of the Floodplain Administrator, including rendering interpretations
of Chapter 122, reviewing permit applications and plans, issuing floodplain development
orders or permits, providing substantial improvement/substantial damage determinations,
etc.
• Provides for the permanent retention of floodplain management records.
• Provides permit application requirements and standards, including for buildings,
structures and facilities exempt from the Florida Building Code.
• Outlines the buildings, structures and facilities that are exempt from the Florida Building
Code:
o Railroads and ancillary facilities associated with the railroad.
o Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
o Temporary buildings or sheds used exclusively for construction purposes.
o Mobile or modular structures used as temporary offices.
o Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
o Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical,plumbing, or other non-wood features.
o Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls,roofs, and a floor
constructed of granite,marble, or reinforced concrete.
o Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
o Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code, if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps.
• Requires a Nonconversion Agreement instrument memorializing agreement not to
convert or modify in any manner that is inconsistent with the terms of the building permit
and Chapter 122, enclosures below elevated buildings, certain crawl/underfloor spaces,
detached accessory structures, and garages.
• Provides the standards for site plans and construction documents.
• Provides inspection standards to determine and/or confirm compliance with the
requirements of Chapter 122 and the conditions of issued floodplain development orders
or permits.
• Retains the required inspections of enclosed areas below elevated residential structures.
• Retains the Floodplain Certificate of Compliance Program.
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• Updates provisions within the variance procedures and provides for new variances for at-
grade wet floodproofed accessory structures in A/AE Zones that are larger than 600 sq. ft.
but not larger than 1,000 sq. ft. in size.
• Updates provisions within the appeal process/procedures.
• Establishes that any development that is not within the scope of the Florida Building
Code but that is regulated by Chapter 122 which is performed without an issued Monroe
County permit and/or approval, that is non-compliant or in conflict with an issued permit
and/or approval, or that does not strictly and fully comply with Chapter 122, constitutes a
violation.
• Provides flood resistant development standards for buildings and structures, including the
design and construction of buildings, structures and facilities exempt from the Florida
Building Code.
o Includes standards for: Enclosed areas ("Enclosures") below elevated buildings,
minimum foundation requirements for buildings and structures within the scope
of the Florida Building Code, at-grade residential detached accessory structures
and nonresidential detached accessory structures.
• Provides minimum subdivision and plat requirements.
• Provides minimum requirements for site improvements and utilities, and limitations on
the placement of fill.
• Provides standards for manufactured homes, including foundations, anchoring and
retaining the elevation requirements.
• Provides standards for recreational vehicles.
• Provides standards for tanks, slabs, decks, non-structural fill, etc.
The NFIP is a federally-subsidized flood damage insurance program administered by the Federal
Emergency Management Agency ("FEMA"). Residents and business owners are eligible to purchase
NFIP flood insurance policies in communities that agree to regulate development in Special Flood
Hazard Areas ("SFHAs"). These SFHAs are delineated by FEMA on FIRMS.
The NFIP makes federally-backed flood insurance available in those states and communities that
agree to adopt and enforce floodplain management ordinances to reduce future flood damage. These
regulations must meet or exceed the minimum administrative and technical requirements in the NFIP
regulations (44 CFR Part 59 and Part 60). FEMA administers the NFIP and provides technical
assistance and training on NFIP requirements and mitigation measures. FEMA also has extensive
publications on the NFIP, including detailed guidance on mitigation measures that can minimize or
eliminate future flood damages.
Floodplain management is a community-based effort to prevent or reduce the risk of flooding,
resulting in a more resilient community. As provided by FEMA, meeting NFIP requirements is the
most cost-effective way to reduce the flood risk to new buildings and infrastructure. FEMA provides
tools and resources to help navigate NFIP requirements and implement higher standards of
floodplain management.
Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances,
and/or building codes or adopt special purpose floodplain management ordinances. The NFIP
requirements apply to areas mapped as SFHAs on FIRMS issued by FEMA. The SFHA is the area
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that would be flooded by the "base flood" (defined as the flood that has a 1 percent chance of
occurring in any given year; also known as the "100-year flood").
The NFIP requirements include, but are not limited to:
• Elevation of new and substantially improved residential structures above the base
flood level.
• Elevation or dry floodproofing (made watertight) of new or substantially improved
non-residential structures.
• Prohibition of development in floodways, the central portion of a riverine floodplain
needed to carry deeper and faster moving water.
• Additional requirements to protect buildings in coastal areas from the impacts of
waves, high velocity, and storm surge.
FIRMS inform communities about the local flood risk and set minimum floodplain standards for
communities to build with safety and resiliency in mind. FIRMS also currently determine the cost of
flood insurance and the mandatory purchase requirement. As risks change, insurance premiums also
change to reflect those risks, but property owners may be able to reduce premiums if they build their
home or business to be safer, higher, and stronger.
FEMA is updating the NFIP's risk rating methodology through the implementation of a new pricing
methodology called Risk Rating 2.0. FEMA's new methodology for determining NFIP policy
premiums incorporates variables to reflect a property's individual flood risk, including the frequency
and types of flooding, such as storm surge, coastal erosion, and heavy rainfall and the distance to
a water source along with property characteristics, such as elevation and the cost to rebuild.
Communities will continue to earn NFIP rate discounts of 5% - 45% based on the CRS
classification, including Monroe County (35% discount); however, since Risk Rating 2.0 does not
use flood zones to determine flood risk, the discount will be uniformly applied to all policies
throughout the participating community, regardless of whether the structure is inside or outside of
the SFHA.
The FDEM serves as the State Coordinating Agency of the NFIP to work with Florida's
municipalities and counties to administer their local flood damage reduction regulations. The State
Floodplain Management Program ("SFMP") works to promote and ensure sound land use
development in floodplain areas in order to promote the health and safety of the public, minimize
loss of life and property, and reduce economic losses caused by flood damages.
The SFMP is a unit in the FDEM - Bureau of Mitigation. Floodplain Management Specialists work
with Florida's communities to help them successfully manage development in flood zones. The State
Floodplain Management Office ("SFMO") provides/offers technical assistance to improve
administration of local floodplain management ordinances and the flood provisions of the Florida
Building Code and to monitor community performance to ensure compliance with the NFIP
development regulations in SFHAs.
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The SFMO also coordinates and collaborates on the following activities:
• Map Modernization and FEMA Risk MAP priorities
• Integration of flood-resistant standards into the Florida Building Code
• Coordination with federal flood mitigation grant programs
• Integration of floodplain management concepts and tasks into multi jurisdictional
local mitigation strategies developed by counties and municipalities
• Participation in maintaining the State Enhanced Hazard Mitigation Plan and planning
process
• Consultation with State agencies on state-owned facilities in special flood hazard
areas
• Training of local floodplain managers and building officials, in partnership with the
Florida Floodplain Managers Association ("FFMA")
• Coordination with the Florida Dam Safety Program
• Partnerships with federal, state and local organizations pertinent to floodplain
management
In 2012, the SFMO developed a Model Floodplain Management Ordinance for communities, written
explicitly to rely on the flood provisions in the Florida Building Code. FEMA approved the Model
Floodplain Management Ordinance in 2013.
Since the 2010 edition, the flood provisions of the Florida Building Code meet or exceed the
minimum NFIP requirements for buildings and structures. Nearly all Florida communities administer
local floodplain management ordinances that are written to rely on the FBC to meet the NFIP
requirements.
Over the past ten (10) years, FDEM has worked with nearly all of Florida's 468 NFIP communities
to transition to the Model Floodplain Management Ordinance, providing assistance, to tailor the
model as appropriate for each community. At this time, 10 communities, including Monroe County,
are still preparing the required amendments to their existing regulations.
The professional staff have worked with FDEM to prepare amendments to Chapter 6 of the Monroe
County Code, and to the County's Floodplain Management Ordinance (Ch. 122 of the Code), which
are necessary to be consistent with the FBC, FEMA provisions, incorporate FDEM's Model
Floodplain Management Ordinance, continue to fulfill the NFIP requirements, and adopt
amendments for local higher floodplain standards. Additionally, the updates will allow Monroe
County to continue to meet and improve the requirements and activities of the CRS.
In summary, the County is proposing the following connected amendments:
• Update Land Development Code Chapter 122 to be consistent with the State of Florida
(FDEM) Model Floodplain Management Ordinance, include updated FEMA policies,
explicitly to rely on the flood provisions in the Florida Building Code and to eliminate
obsolete or unnecessary regulations.
o Amendments does not include any updated FIRM maps. Maintains the 2005
FIRMS.
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o Amendments to Land Development Code Chapter 122 are critical for FDEM to
deem the County's Floodplain Management Ordinance compliant with NFIP
requirements and for the County's next CRS verification.
• Update Code of Ordinances Chapter 6 to be consistent with the Florida Building
Code and adopt amendments for local hither floodplain standards,including:
o Shifting local higher floodplain standards from Chapter 122 to Chapter 6
(for example, 299 sq. ft. downstairs enclosure limitation (also required by
Remedial Plan agreement with FEMA), and foundation requirements
[anchoring to rock]).
o Including technical amendments to the Florida Building Code for additional
local higher floodplain standards (for example, elevation certificate
requirements).
o Amendments to Code of Ordinances Chapter 6 are critical for FDEM to
deem the County's Floodplain Management Ordinance compliant with NFIP
requirement and for the County's next CRS verification.
o Full text of proposed/draft amendments is attached to this agenda item as the
proposed ordinance.
• Amend the Comprehensive Plan and Land Development Code to provide for an increase
to the maximum height of residential buildings, which would be available on the adoption
and effective date of updated FEMA Flood Insurance Rate Maps.
o The County is considering a maximum height limit of 40 feet (up to a maximum
of five (5) feet above the 35-foot height limit) in order to elevate to or maintain
the required elevation based on the Florida Building Code. Revisions shall not
result in a new building or a substantially improved building or a lawfully existing
building to exceed a maximum height of 40 feet.
o Amendment intended to address additional difference in elevation due to a change
in the updated FIRMS requiring the use of North American Vertical Datum of
1988 or NAVD88 (on average there is -1.5 foot conversion), potential increased
base flood elevation requirements with the updated FIRM maps, and changes in
construction requirements based on revised base flood elevations.
• Amend Land Development Code Chapter 138 to require applicants to submit plan
revisions to prior to permit issuance, demonstrating full compliance with the current
Florida BuildinZ Code and the updated FIRM maps, for permits requiring an
ROGO/NROGO allocation.
o Establishing that all applications in or entering into the Rate of Growth Ordinance
("ROGO") system on or after the effective date of the updated FIRMS, shall have
the application scores reevaluated and updated based on the updated FIRMS.
Community Meetings and Public Participation
A Community Meeting was held on December 2, 2021, at 5:05 P.M., to provide for public input on
all of the proposed amendments listed above. There were six (6) attendees and five (5) County
professional staff members. In general, the comments provided for the proposed amendments are
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summarized below:
• Question regarding substantial improvements and the scenario/types of improvements
that required elevation to the new design flood.
• Concerns regarding requiring 3 ft. of freeboard and this requiring a substantial number of
properties to be reviewed for substantial improvement/substantial damage concerns.
• Question of how the 35% insurance discount, derived from CRS participation, is applied.
• Question regarding the establishment of buoyancy calculation requirements for
swimming pools (note, this is not related to any proposed amendment).
• Question regarding the 299 ft. enclosure limit requirement.
A supplemental Community Meeting was held on January 20, 2022, at 3:00 P.M., to provide for
public input. There were six (6) attendees and 10 County professional staff members. In general, the
comments provided for the proposed amendments are summarized below:
• Question regarding swimming pool designs under houses (note, this is not related to any
proposed amendment).
• Question regarding fill in a V zone and about shoreline protection features and altering
shorelines in a V zone.
A second supplemental Community Meeting was held on February 3, 2022, at 5:05 P.M., to provide
for public input. There were four (4) attendees and five (5) County professional staff members. In
general, the comments provided for the proposed amendments are summarized below:
• A comment on the proposed foundation requirements in Ch. 6 to modify "geotechnical
engineer" to "a licensed engineer" and question regarding the source of the "minimum
embedment of 3 feet" requirement.
• Comments regarding maintaining the 299 ft. enclosure limit requirement.
• Comments regarding at-grade pool requirements (note, this is not related to any proposed
amendment).
Based on public input related to concerns regarding requiring 3 ft. of freeboard and this requiring a
substantial number of properties to be reviewed for substantial improvement/substantial damage
concerns, the professional staff are not proposing a County requirement of 3 feet of freeboard as part
of these amendments.
Development Review Committee and Public Input
On February 22, 2022, the Development Review Committee ("DRC")) held a virtual meeting to
review the proposed amendments and receive public input.
Planning Commission and Public Input
The Monroe County Planning Commission ("Planning Commission") considered the proposed
amendment at a regular meeting on March 23, 2022, provided for public input and recommended
approval (Planning Commission Resolution No. P10-22).
The request in this agenda item is for approval/adoption of the proposed amendments to LDC
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Chapter 122 Floodplain Management to be consistent with the Florida Division of Emergency
Management, Bureau of Mitigation, State Floodplain Management Office's model floodplain
management ordinance The proposed amendments to Monroe County Code Chapter 6 are to
be considered for adoption as a separate public hearing agenda item at the same meeting.
Amendments to LDC Chapter 122 and Code of Ordinances Chapter 6 are critical for FDEM
to deem the County's Floodplain Management Ordinance compliant with NFIP and for the
County's next CRS verification in 2023.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 002-1973, platting regulations which included minimum floor elevations for structures,
adopted in 1973. Based on this ordinance, FEMA considers June 15, 1973, the effective date of the
initial floodplain management regulations of Monroe County.
Ordinance No. 002-1974, approving amendment to Ordinance No. 02-1973, adopted June 18, 1974.
Ordinance No. 003-1975, approving floodplain management provisions, adopted March 25, 1975.
Ordinance No. 008-1977, approving amendment to Ordinance No. 03-1975, adopted March 22,
1977.
Ordinance No. 012-1979, requiring that in all cases where deed restrictions of record authorize the
first floor of buildings to be at a height which is lower than the building height required by the flood
ordinance; the first floor elevation required by the flood ordinance shall become the maximum
elevation permissible for the first floor of all structures in said residential subdivisions, adopted May
22, 1979.
Ordinance No. 030-1983, creating Flood Hazard District Development provisions for development
within areas of special flood hazards, within Chapter 6, Buildings and Construction, of the Monroe
County Code of Ordinances, adopted November 23, 1983.
Ordinance No. 005-1984, approving amendment to Ordinance No. 030-1983, adopted January 1,
1984.
Ordinance No. 033-1986 — Approval of 1986 Comprehensive Plan and land development
regulations, including but not limited to Division 6, Floodplain Management Standards, containing
requirements for floor elevation and floodproofing certification, 21-day establishment of floor
elevation and floodproofing certification, the flood insurance study of December 1, 1983, and the
flood maps, standards for issuing permits and a 299 sf. enclosure limit, adopted October 3, 1986.
Ordinance No. 014-1988, approving amendment to floodplain management provisions, adopted
February 16, 1988.
Ordinance No. 015-1989, approving amendment to floodplain management provisions and adopting
the special flood hazard areas identified by the flood insurance study of December 1, 1983 or the
most current [flood] maps approved by FEMA maps, adopted June 6, 1989.
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Ordinance No. 015-1990, approving amendment to floodplain management provisions, including
manufactured homes to be placed on 36-inch piers, and the special flood hazard areas identified by
the flood insurance study of October 17, 1989 or the most current [flood] maps approved by FEMA
maps, adopted April 18, 1990.
Ordinance No. 002-1994, approving amendment to floodplain management provisions, adopted
January 18, 1994.
Ordinance No. 039-2000, approving amendment to floodplain management provisions, adopted July
26, 2000.
Resolution No. 080-2002, committing to implementation of the Inspection Procedure (FEMA-
developed Pilot Inspection Procedure) for the remediation of non-compliant buildings and
preparation of a remedial plan, adopted on February 13, 2002.
Resolution No. 115-2002, approving the County-developed Flood Insurance and Inspection and
Compliance Implementation Plan, including the downstairs enclosure compliance program, and
transmittal to FEMA, adopted March 20, 2002.
Resolution No. 187-2002, approving a revised Flood Insurance and Inspection and Compliance
Implementation Plan, addressing structures more than 4-years old, and transmittal to FEMA, adopted
April 17, 2002.
Resolution No. 397-2002, adopting a plan and procedures for authorizing a time extension for
eligible non-compliant structures used for affordable housing, adopted September 18, 2002.
Resolution No. 152-2003, approving a revised implementation plan for the Flood Insurance and
Inspection and Compliance Program ("Remedial Plan"), adopted April 16, 2003.
Ordinance No. 037-2003, reorganizing and amending the floodplain management provisions to
address the Monroe County Flood Insurance and Inspection and Compliance Program approved by
FEMA, adopted October 15, 2003.
Ordinance No. 005-2004, amending the electrical and mechanical equipment standards for issuance
of building permits in areas of special flood hazards, adopted February 18, 2004.
Ordinance No. 025-2004 amending the enclosed area standards for issuance of building permits in
areas of special flood hazards, adopted Augustl8, 2004.
Ordinance No. 001-2009, reorganizing and re-codifying the County Code, consisting of Chapters 1
through 146 (removing reference to Code Section 9.5), adopted January 28, 2009.
Resolution No. 440-2011, approving a 2011 implementation plan for the Flood Insurance and
Inspection and Compliance Program ("Remedial Plan"), maintaining regulations adopted pursuant to
Resolution No. 152-2003 and direction to create the certificate of compliance program, adopted on
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December 14, 2011.
Ordinance No. 010-2012, approving amendment to floodplain management provisions and creating
Section 112-7 the Floodplain Certificate of Compliance Program, including the requirement for non-
conversion agreements, adopted May 16, 2012.
Ordinance No. 015-2012, approving amendment to floodplain management provisions, including
specific reference to the areas of special flood hazard identified by the FEMA February 18, 2005
[flood] maps, and creating Section 122-8 the Permit Referral Process ("PRY'), as a result of the 2011
Settlement Agreement for a 1990 lawsuit against FEMA claiming lack of consultation with the U.S.
Fish and Wildlife Service ("FWS") pursuant to the Endangered Species Act ("ESA"), adopted June
20, 2012.
Ordinance No. 043-2013, approving amendment to floodplain management provisions Section 122-
2(b)3, the basis for establishing special flood hazard maps, species assessment guides ("SAGs") for
the PRP determinations,providing a new date for the revised SAGs, adopted October 16, 2013.
Resolution No. 193-2014, approving a 2014 implementation plan for the Flood Insurance and
Inspection and Compliance Program ("Remedial Plan"), maintaining the inspection upon transfer,
299 sf. enclosure maximum, certificate of compliance program; existing Ch. 122 regulations (to be
compliant with federal regulations) and the inadvertent observation of illegal structures below base-
flood elevation ("BFE"); and documenting the Pilot Inspection Procedure concluded July 1, 2013,
adopted August 20, 2014.
Resolution No. 223-2015, approving FEMA Technical Bulletin 0 User's Guide, dated March 2009,
adopted September 16, 2015.
Resolution No. 224-2015, approving FEMA Technical Bulletin I Openings in Foundation Walls
and Walls of Enclosures, dated August 2008, adopted September 16, 2015.
Resolution No. 225-2015, approving FEMA Technical Bulletin 2 Flood Damage-Resistant
Materials Requirements, dated August 2008, adopted September 16, 2015.
Resolution No. 226-2015, approving FEMA Technical Bulletin 3 Nonresidential Floodproofing
Requirements and Certification, dated April 1993, adopted September 16, 2015.
Resolution No. 227-2015, approving FEMA Technical Bulletin 4 Elevator Installation, dated
November 2010, adopted September 16, 2015.
Resolution No. 228-2015, approving FEMA Technical Bulletin S Free-of-Obstruction
Requirements, dated August 2008, adopted September 16, 2015.
Resolution No. 229-2015, approving FEMA Technical Bulletin 6 Below-Grade Parking
Requirements, dated April 1993, adopted September 16, 2015.
Resolution No. 230-2015, approving FEMA Technical Bulletin 7 Wet Floodproofing
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Requirements, dated December 1993, adopted September 16, 2015.
Resolution No. 231-2015, approving FEMA Technical Bulletin 8 Corrosion Protection for Metal
Connectors in Coastal Areas, dated August 1996, adopted September 16, 2015.
Resolution No. 232-2015, approving FEMA Technical Bulletin 9 Design and Construction
Guidance for Breakaway Walls, dated August 2008, adopted September 16, 2015.
Resolution No. 233-2015, approving FEMA Technical Bulletin 10 Ensuring that Structures Built
on Fill in or near Special Flood Hazard Areas are Reasonably Safe from Flooding, dated May 2001,
adopted September 16, 2015.
Resolution No. 234-2015, approving FEMA Technical Bulletin 11 Crawlspace Construction, dated
November 2001, adopted September 16, 2015.
Resolution No. 240-2015, approving FEMA Technical Bulletin 467-1 Elevation Certificate, dated
May 2004, adopted September 16, 2015.
Resolution No. 241-2015, approving Florida Division of Emergency Management Technical Topic
Guidance for Pools and Outdoor Kitchens/Bars in Flood Hazard Areas, dated November 2010,
adopted September 16, 2015.
Resolution No. 242-2015, approving the Monroe County Elevation Certificate Review Process,
dated October 1, 2015, adopted September 16, 2015.
Resolution No. 243-2015, approving the Monroe County Floodproofing Nonresidential Structures
Permitting and Inspection Requirements, dated October 1, 2015, adopted September 16, 2015.
Resolution No. 244-2015, approving the Monroe County Pool and Cistern and Accessory Equipment
Location in Special Flood Hazard Areas Policy, dated October 1, 2015, adopted September 16,
2015.
Resolution No. 245-2015, approving the Monroe County Substantial Improvement or Substantial
Damage ("SO%Rule') Application and Affidavit Policy, dated October 1, 2015, adopted September
16, 2015.
Resolution No. 246-2015, approving the Monroe County V-Zone Certification and Calculations
Documentation Policy, dated October 1, 2015, adopted September 16, 2015.
Ordinance No. 006-2016, approving the updated Land Development Code, implementing the 2030
Comprehensive Plan, maintaining Chapter 122, the floodplain management provisions and amending
the floodplain variances procedure to be conducted by the Division of Administrative Hearings
("DOAH"), adopted April 13, 2016.
Ordinance No. 024-2017, approving amendment(s) to the standards for issuance of building permits
in areas of special flood hazards, adopted November 14, 2017.
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Resolution No. 254-2019, approving FEMA Technical Bulletin 0 User's Guide, dated July 2019,
adopted September 18, 2019.
Resolution No. 255-2019, approving FEMA Technical Bulletin 4 Elevator Installation, dated June
2019, adopted September 18, 2019.
Resolution No. 256-2019, approving FEMA Technical Bulletin 8 Corrosion Protection for Metal
Connectors in Coastal Areas, dated June 2019, adopted September 18, 2019.
Ordinance No. 021-2020, approving amendment(s)to Section 122-4(b)(4)to eliminate the ability for
a manufactured/mobile home to be placed at an elevation below base flood elevation, adopted on
July 15, 2020.
Resolution No. 440-2021, approving FEMA Technical Bulletin 9 Design and Construction
Guidance for Breakaway Walls Below Elevated Coastal Buildings, dated September 2021, adopted
on November 17, 2021.
October 19, 2022, BOCC approved a request to advertise a public hearing to consider proposed
amendments to Chapter 6.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance
2019-093 SR BOCC 11.15.22
122 Exhibit 1 Model Floodplain Ord.
122 Exhibit 2 FBC 7th Ed FloodProvisions Nov2020
122 Exhibit 3 Highlights of ASCE 24-14
122 Exhibit 4 FEMA Policy 104-008-03
122 Exhibit 5 FDEM SFMO Guidance for AccessoryStructure_SFHA
122 Exhibit 6 Marathon Ordinance 2018-05
122 Exhibit 7 Marathon Ord. 2021-06
122 Exhibit 8 Layton Ord. 2018-09-03
122 Exhibit 9 Layton ORD 2021-04-01 Flood Damage Prevention
122 Exhibit 10 Key West FLOODPLAIN_MANAGEMENT
122 Exhibit 11 Key Colony Beach Ord. 2018-456A
122 Exhibit 12 MC Resolution 193-2014 FEMA Remedial Plan
2019-093 PC Reso P10-22
Ordinance - Stamped-and-Signed
FINANCIAL IMPACT:
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Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Emily Schemper Completed 11/01/2022 1:21 PM
Peter Morris Completed 11/01/2022 4:07 PM
Purchasing Completed 11/01/2022 4:10 PM
Budget and Finance Completed 11/01/2022 4:31 PM
Brian Bradley Completed 11/01/2022 4:33 PM
Lindsey Ballard Completed 11/01/2022 5:02 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING AMENDMENTS TO THE MONROE
12 COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 101-1
13 DEFINITIONS; TO UPDATE FLOODPLAIN MANAGEMENT 0
14 DEFINITIONS; TO REPEAL AND REENACT CHAPTER 122,
15 FLOODPLAIN MANAGEMENT; TO ADOPT AN UPDATED CHAPTER 0
16 122, FLOODPLAIN MANAGEMENT, TO BE CONSISTENT WITH THE
17 FLORIDA DIVISION OF EMERGENCY MANAGEMENT - BUREAU OF W
18 MITIGATION - STATE FLOODPLAIN MANAGEMENT OFFICE'S
19 MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS
20 WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH
21 THE FLOOD PROVISIONS IN THE FLORIDA BUILDING CODE,
22 MEETING THE NATIONAL FLOOD INSURANCE PROGRAM
23 REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY 0
24 MANAGEMENT AGENCY IN 2013; INCLUDING DESIGNATING A CN
CN
25 FLOODPLAIN ADMINISTRATOR, ADOPTING PROCEDURES AND
26 CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND
27 FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY; U
28 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
29 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
30 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
31 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
32 IN THE MONROE COUNTY LAND DEVELOPMENT CODE; 0
33 PROVIDING FOR AN EFFECTIVE DATE.
34
35
36 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
37 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
38 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
39 manage land use and development; and
40
41 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
42 that the work of ordinance codification is an ongoing process that requires a continuing effort by
43 various County officials and staff, and it is the goal of the BOCC to ensure that Monroe County
44 Land Development Code Chapter 122 is kept current and of maximum use and clarity; and
45
46 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
47 Government, Florida Statutes,conferred upon local governments the authority to adopt regulations
Packet Pg.4307
S.4.a
I designed to promote the public health, safety, and general welfare of its citizenry; and
2
3 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
4 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
5 health, safety, and welfare of the County's citizens; and
6
7 WHEREAS, the Federal Emergency Management Agency has identified special flood
8 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
9 subject to periodic inundation which may result in loss of life and property, health and safety
10 hazards, disruption of commerce and governmental services, extraordinary public expenditures for
11 flood protection and relief, and impairment of the tax base, all of which adversely affect the public
12 health, safety and general welfare, and
13 0
14 WHEREAS, the Monroe County was accepted for participation in the National Flood
15 Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners 0
16 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
17 and 60, necessary for such participation; and W
18
U)
19 WHEREAS,the National Flood Insurance Program (NFIP)is a federally-subsidized flood
20 damage insurance program administered by the Federal Emergency Management Agency(FEMA)
21 enabling property owners in participating communities to purchase flood insurance in exchange
22 for the community's adoption of floodplain management regulations to reduce future flood a
23 damages; and 0
24 N
25 WHEREAS,the participating communities floodplain management regulations must meet
26 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
27 CFR Part 59 and Part 60); and U
28
29 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
30 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
31 enforcement of a state building code, called the Florida Building Code; and
32 0
33 WHEREAS, the Florida Division of Emergency Management (DEM), Bureau of
34 Mitigation, State Floodplain Management Office developed a Model Floodplain Management
35 Ordinance for communities, written explicitly to rely on the flood provisions in the Florida
36 Building Code; and
37
38 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
39 meet or exceed the minimum NFIP requirements for buildings and structures; and
40
41 WHEREAS,the Federal Emergency Management Agency (FEMA) approved the State's
42 Model Floodplain Management Ordinance in 2013; and
43
44 WHEREAS, the Monroe County Board of County Commissioners has determined that it
45 is in the public interest to adopt the proposed floodplain management regulations that rely on and
46 are coordinated with the Florida Building Code; and
47
Packet Pg.4308
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I WHEREAS, in 1990 the National Wildlife Federation, Florida Wildlife Federation, and
2 the Defenders, of Wildlife filed suit against the FEMA, claiming FEMA was not consulting with
3 the U.S. Fish and Wildlife Service (FWS or Service) as required by the Endangered Species Act
4 in their administration of the NFIP in Monroe County, Florida; and
5
6 WHEREAS, in 1997 the Service completed a Biological Opinion (BO) for the effects of
7 the NFIP on Federally listed (threatened or endangered) species in the Florida Keys; and
8 WHEREAS,the 1997 BO found the NFIP jeopardized nine species in the Keys; and
9
10 WHEREAS, in 2003 the Service re-initiated consultation and amended the 1997 BO and
11 concluded that the effect of the NFIP would result in jeopardy on eight of 10 species evaluated in
12 the BO; and
13 0
14 WHEREAS,in a second amended complaint in 2003 the plaintiffs filed suit against FEMA
15 and the Service pursuant to the Endangered Species Act and the Administrative Procedures Act; 0
16 and
17
18 WHEREAS, on March 29, 2005 the United States District Court, Southern District of
19 Florida(District Court) granted summary judgment in favor of the Plaintiffs which found that the
20 Service and FEMA violated the Endangered Species Act and the Administrative Procedures Act;
21 and
22 'a
23 WHEREAS, on September 9, 2005, the District Court entered an order enjoining FEMA 0
24 from issuing flood insurance under the NFIP on any new residential or commercial developments N
25 in suitable habitats of federally listed(threatened or endangered) species in the Keys; and T-
26
27 WHEREAS,the District Court also ordered the Service to submit a new BO by August 9, U
28 2006 and the Service issued a new BO on August 8, 2006; and
29
30 WHEREAS, on April 1, 2008,the United States Court of Appeals for the Eleventh Circuit
31 affirmed the District Court's rulings of March 29, 2005 and September 9, 2005; and
32 0
33 WHEREAS, on February 26, 2009,the District Court ordered the Service to submit a new
34 BO by March 31, 2010 and on March 28, 2010, the Court granted a 30 day extension of this
35 deadline; and
36
37 WHEREAS, on April 30, 2010, the Service published the revised BO for FEMA's
38 administration of the NFIP in Monroe County; and
39
40 WHEREAS,the BO contains "Reasonable and Prudent Alternatives" (RPA's)that require
41 Monroe County and other participating communities in the Florida Keys to revise their Flood
42 Damage Prevention Ordinance(s) to reference and use the updated real estate list (referenced in
43 RPA paragraph 1)within 120 days of acceptance of this BO by the Court, and;
44
45 WHEREAS, on January 11, 2011, the District Court approved a Settlement Agreement
46 between the Plaintiffs and the Federal Defendants in which the Federal Defendants agreed to notify
Packet Pg.4309
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I the Court and the parties when Monroe County and the other "participating communities" in the
2 Florida Keys have: 1) revised their Flood Damage Prevention Ordinance(s); and 2) implemented
3 procedures to reference and use the updated real estate list and Species Focus Area Maps
4 (referenced in reasonable and prudent alternative ("RPA") paragraph 1) in compliance with
5 paragraphs 2, 3, 4, and 5 of the RP A; and
6
7 WHEREAS, on December 2, 2011, FEMA notified Monroe County that if the County did
8 not implement the RPA's by January 11, 2012, then Monroe County would have been placed on
9 probation on May 10,2012.1n response to the County's requested time extension,FEMA requested
10 and the Court granted an extension to June 30,2012 for the ordinance revisions and permit referral
11 process implementation; and
12
13 WHEREAS,the County Attorney, outside counsel, and the Growth Management Director 0
14 have advised the Board of County Commissioners that adoption of the RP A's;ordinance language;
15 and originally drafted Species Assessment Guides (SAGS) suggested by the Federal agencies 0
16 would have resulted in increased exposure to the County for liability for inverse condemnation or
17 takings claims; and W
18
U)
19 WHEREAS, in May 2012, FEMA and the Service revised the SAGS to include provisions
20 that substantially reduce the County's potential exposure for liability for inverse condemnation or
21 takings claims; and
22 'a
23 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance 0
24 015-2012, on June 20, 2012, amending Chapter 122 of the Land Development Code, creating N
25 Section 122-8 to provide for the inclusion of FEMA and Service requirements, implementing a T-
26 "Permit Referral Process"for the review of all development that occurs within areas designated as
27 "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)" within unincorporated Monroe U
28 County; and
29
30 WHEREAS,in April 2013,the Service provided updated SAGS to the County and on July
31 29, 2013, the Service notified FEMA of the updated SAGS for Monroe County; and
32 0
33 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
34 043-2013, ON October 16, 2013, amending Section 122-2(b)(3), the basis for establishing special
35 flood hazard maps, species assessment guides (SAGS) for the Permit Referral Process (PRP)
36 determinations,providing a new date for the revised Species Assessment Guides; and
37
38 WHEREAS, recognizing that where an extant legislatively approved law is repealed by a
39 subsequent legislative act that substantially reenacts that repealed extant law,the prior legislatively
40 approved law and the subsequent legislative act shall be regarded as one continuous law
41 uninterrupted in its operation,see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see also
42 Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
43 legislative intent and purpose of the BOCC, in relation to or in connection with subsequent
44 administrative and judicial construction, that all recodified or reenacted provisions of Monroe
45 County Land Development Code Chapter 122 shall be deemed to have been in operation
46 continuously from their original enactment whereas the additions or changes are treated as
Packet Pg.4310
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I amendments effective from the time they go into legal effect; and
2
3 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
4 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
5 and
6
7 WHEREAS, on March 23, 2022,the Monroe County Planning Commission held a public
8 hearing for the purpose of considering the proposed amendment and provided for public comment;
9 and
10
11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P10-22
12 recommending approval; and
13 0
14 WHEREAS,on November 11,2022,the Monroe County Board of County Commissioners
15 held a public hearing to consider adoption of the proposed Monroe County Land Development text 0
16 amendment, considered the staff report, and provided for public comment and public participation
17 in accordance with the requirements of state law and the procedures adopted for public W
18 participation in the planning process; and
U)
19
20 WHEREAS, based upon the documentation submitted and information provided in the
21 accompanying staff report, the Monroe County Board of County Commissioners makes the
22 following Conclusions of Law:
23 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 0
24 2030 Monroe County Comprehensive Plan; and N
25 2. The proposed amendment is consistent with the Principles for Guiding Development V-
26 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
27 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
28 4. The proposed amendment is necessary due to new issues and the need for additional
29 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
30 Code.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
33 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
34
35 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
36 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
37 herein.
38
39 Section 2. The text of the Monroe County Land Development Code is amended as shown
40 and stated herein.. Proposed Amendments are shown with deletions st+i ke t4-etlg4 and additions
41 are underlined.
42
43 Section 101-1. -Definitions.
44
45 The following words, terms and phrases, when used in this chapter, shall have the meanings
46 ascribed to them in this section, except where the context clearly indicates a different meaning:
Packet Pg.4311
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2
3
4 f floo ift * vfl year-.
5
6
7
8
10
11
12
13 f^,,,,d—a ion walls, shed-walls, posts, o pilings, or- elti ns
14 * * * * * 0
15 6
16 0
17 eenstmetion, e t to t e pr-oposed walls of., st,-,,etti-e �
18
19
20 Lowest flow, means t4e lowest efielosed area (ifieltiding basement) of a stmettir-e. Aft
21
22 B area ot4er-than a basement area,is fiet eensider-ed t4e bttilding's 1 owest fI oor-,pr-ovided
23 C,
25 * * * * * 2
26 cN
CN
27 Market value means the Price at which a property will change hands between a willing buyer
28 and a willing seller, neither Party being under compulsion to buy, sell, or otherwise transfer, and
29 both having reasonable knowledge of relevant facts. As used in this code,the term'market value"
30 refers to the market value of buildings and structures, excluding the land and other improvements
31 on the parcel. Market value may be established by a qualified certified independent appraiser,
32 Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax
33 assessment value adjusted by 20 percent(20%)to approximate market value. A uniform appraisal
34 report prepared by a qualified certified independent apraiser submitted by the aplicant may be 0
35 used if the Floodplain Administrator considers such appraisal consistent with local construction
36 costs. A structure or building originally manufactured or built as a vehicle, shall exclusively be
37 appraised by utilizing the Kelley Blue Book or a NADA appraisal. Documentation of alleged local
38 construction costs submitted by a property owner to the Floodplain Administrator must be
39 submitted in the form of a sworn or attested affidavit that shall be based upon the personal
40 knowledge of the certifying affiant and must be notarized. Where an apraisal is not accepted
41 because it wears to be inconsistent with local construction costs, the applicant may request
42 review by an independent third-party apraiser duly authorized by the county. The cost of such
43 independent review shall be borne by the applicant. The reviewing appraiser shall determine if the
44 appraisal value reasonably reflects an apropriate market value of the structure. The reviewing
45 appraiser's determination must be in writing and shall be sworn or attested to by the affiant and
46 expressly provide that it is based on the certifying affiant's personal knowledge and must be
47 notarized. Professionals preparing appraisals, or appraisal reviews, shall be required to possess
48 certifications as state certified residential apraisers for Upraising one to four family residential
Packet Pg.4312
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I properties and state certified general appraisers for all other properties including commercial and
2 multi-residential. Neither an appraisal making an extraordinary assumption that a building or
3 structure was in good condition as of a date prior to a flood event nor a retrospective appraisal (an
4 appraisal done retrospectively based on a date prior to the flood event) shall be eligible for
5 consideration or relief. A building or structure that was never lawfully permitted in the first place
6 shall not be eligible for issuance of a permit or development approval.
7
8
9 National Geodetic Vertical Datum of 1929 (NGVD 29) is a vertical control, as corrected in
10 1929, used as a reference for establishing varying elevations wit4ir toe floo plain,
11
12
13 North American Vertical Datum of 1988 (NA VD 88) is the vertical control datum established
14 in 1991 used as a reference for establishing _varying elevations.varying elevations. 0
15
16 0
17 Special flood hazard area means the land subj ect to a one percent or greater chance of flooding 2
18 in any given year. W
19
U)
20 Substantial improvement means any repair, reconstruction or improvement of a structure, the
21 cost of which equals or exceeds 50 percent of the pre-destruction market value of the structure;as
22 , either before the improvement or repair
23 is started, or if the structure has been damaged and is being restored, before the damage occurred.
24 For the purposes of this definition, substantial improvement is considered to occur when the first 0
25 alteration of any wall, ceiling, floor or other structural part of the building commences, whether or N
26 not that alteration affects the external dimension of the structure. The term does not, however,
27 include either:
28 (1) Any project for improvement of a structure to comply with existing state or local health, U
29 sanitary or safety code specifications which are necessary solely to ensure safe living
30 conditions; or
31 (2) Any alteration of a structure listed on the National Register of Historic Places, the state
32 inventory of historic places, or any inventory of local historic places.
33 0
34
35
36
37 °
38 .
39
40
41 Watercourse means a channel, canal or streambed, either natural or manmade, which is
42 involved in the accommodation of water floes.
43
44
45 Chapter 122 FLOODPLAIN MANAGEMENT
46
47 ARTICLE I.—IN GENERAL
48
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I Sec. 122-1.—General.
2 (a) Title. These regulations shall be known as the Floodplain Manygement Ordinance of Monroe
3 County, hereinafter referred to as "this chapter."
4 (b) Scope. The provisions of this chapter shall apply to all development that is wholly within or
5 partially within any flood hazard area, including but not limited to the subdivision of land, filling,
6 grading, and other site improvements and utility installations, construction,alteration,remodeling,
7 enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
8 and facilities that are exempt from the Florida Building Code, placement, installation, or
9 replacement of manufactured homes and manufactured buildings, installation or replacement of
10 tanks, placement of recreational vehicles, installation of swimming pools, and any other
11 development.
12 (c) Purpose and Intent. The purpose of this chapter shall be interpreted cumulatively with its
13 intent, and shall be taken into account, granted substantial weight, and guide all interpretations 0
14 and constructions of this chapter. Monroe County is subject to flooding resulting in danger to
15 life, loss of property, health and safety hazards, disruption of commerce and governmental 0
16 services, extraordinary-public expenditures for flood protection and relief, and the impairment
17 of its tax base as an effect of flooding and flood events, all of which adversely affect the public w
18 health, safety, and general welfare. The purpose of this chapter's adoption is to ensure the
19 continued availability of federal flood insurance, to comply with federally and state-imposed
20 regulatory requirements, and to protect the public health, safety, and general welfare, by
21 minimizing flood-related losses in Monroe County. All interpretations of this chapter shall in
22 all proceedings and cases further,rather than impair, limit,restrict, or obstruct,the purposes of a
23 this chapter. It is the intent of the Board of County Commissioners that the provisions of this 2
24 chapter be strictly adhered to and enforced in order to maintain the County's eligibility for and CN
U-
25 benefits of the National Flood Insurance Program. The purposes of this chapter and the flood T-
26 load and flood resistant construction requirements of the Florida BuildiLg Code and the
27 floodplain management requirements within Monroe County Code of Ordinances, Chapter 6 u
28 Buildings and Construction, are to establish minimum requirements to safeguard the public
29 health, safety, and general welfare and to minimize public and private losses due to flooding
30 through regulation of development in flood hazard areas to:
31 (1) Minimize unnecessary disruption of commerce, access and public service during times of
32 flooding, 0
33 (2) Require the use of appropriate construction practices in order to prevent or minimize future
34 flood damage,
35 (3) Manage filling, grading dredging, mining,paving, excavation, drilling operations, storage
36 of equipment or materials, and other development which may increase flood damage or
37 erosion potential,
38 (4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
39 development on the natural and beneficial functions of the floodplain;
40 (5) Minimize damage to public and private facilities and utilities,
41 (6) Help maintain a stable tax base by providing for the sound use and development of flood
42 hazard areas,
43 (7) Minimize the need for future expenditure of public funds for flood control projects and
44 response to and recovery from flood events,
45 (8) Ensure potential home buyers are notified that property is in a flood hazard area, and
46 (9) Meet the requirements of the National Flood Insurance Program for community_
Packet Pg.4314
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I participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
2 (d) Construction and Interpretation. In the interpretation and application of this chapter, all
3 provisions herein shall be considered as minimum requirements and shall not be deemed to
4 forfeit, waive, eliminate, limit, condition, qualify, or repeal any other powers granted to the
5 county pursuant to Florida law. This chapter, being necessary for the health, safety, and
6 welfare of the residents of and visitors to the county, shall be liberally construed to effect the
7 intent and purposes hereof, and interpretation and construction of this chapter shall be
8 construed in favor of Monroe County, and such construction and interpretation shall be
9 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and
10 on meal.
11 (e) Administrative Deference. The Board of County Commissioners legislatively finds that the
12 construction of this chapter by a county department or office charged with its administration,
13 interpretation, or enforcement shall be leery entitled to deference and great wei_h t in 0
14 adversarial administrative proceedings, at trial, in bankruptcy, and on meal, and that such
15 administrative interpretations should not be modified or overturned by an administrative 0
16 hearing officer or court of competent jurisdiction unless clearly erroneous. If such
17 administrative staff interpretation is within the range of possible and reasonable
18 interpretations, it is not clearly erroneous and should be affirmed.
19 (f) Coordination with the Florida Buildin,- Code. This chapter is intended to be administered
a�
20 and enforced in conjunction with the Florida Building Code. The flood load and flood
21 resistant construction requirements of the Florida Building Code shall ably to all buildings
22 and structures that are wholly within or partially within any flood hazard area. Where cited a
23 in this chapter, ASCE 24 refers to the edition of the standard that is referenced by the Florida 0
24 Building Code. To the extent of any conflict between this chapter and the Florida Building CN
CN
25 Code, the more restrictive is deemed to be controlling.
26 (2) Provisions to be Cumulative to Other County Ordinances and Regulations. This chapter
27 supersedes any ordinance or regulation in effect for management of development in flood U
28 hazard areas, but otherwise is intended to be administered and enforced in conjunction with
29 and cumulative to any other county ordinances including but not limited to land development
30 regulations, zoning ordinances, stormwater management regulations, or the Florida Building
31 Code. This chapter does not revise or repeal any other existing_ c ounty ordinance or regulation
32 in any way_ 0
33 (h) Internal Conflicts. Where there is a conflict between a general provision or requirement and
34 a specific provision or requirement in this chapter, the specific shall be aplicable. To the
35 extent of any conflict between one provision or requirement and another provision or
36 requirement of this chapter, the more restrictive is deemed to be controlling. Where a more
37 restrictive _general provision or requirement conflicts with a less restrictive specific provision
38 or requirement, the more restrictive general requirement shall prevail.
39 (i)Effect of State and Federal Laws. If a state or federal law,whether existing at the time of this
40 chapter's effective date or enacted after its effective date, which is aplicable to and limits,
41 prohibits, restricts, conditions, or qualifies the meaning, effectiveness, or operation any
42 provision or requirement herein, such provision or requirement of this chapter shall be
43 interpreted, administered, and enforced to the maximum extent permitted by law.
44 (j)Injunctive Relief. The County Attorney is authorized to seek affirmative or negative injunctive
45 relief authorizing or commanding compliance with this chapter through, including but not
46 limited to, cessation of a use, or removal of a building or structure or a part or portion thereof,
Packet Pg.4315
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I by motion for emergency, _Preliminary,or permanent injunction, including by ex ppreliminar�,or Permanent injunction, including by ex arte motion,
2 or other forms of equitable relief, from a court of competent jurisdiction, upon Presentation
3 of prima facie evidence of a violation of this chapter to such court.
4 (k) No Waiver or Estoppel. It being that Monroe County possesses discretion to enforce this
5 chapter, the county's delay or failure to enforce any provision contained in this chapter,
6 however long continued, shall not be deemed a waiver or estoppel of the right for the County_
7 to enforce this chapter at any time thereafter.
8 (1) Severabili , . If any provision of this chapter, or any portion thereof, is held to be invalid or
9 unenforceable by any administrative hearing officer or court of competent jurisdiction, the
10 invalidity or unenforceability of such provision, or any portionthereof, shall neither limit nor
11 impair the operation, enforceability, or validity of any remaining�portion(s) thereof, or of any
12 other provision of this chapter. All remaining�portion(s)thereof and all other provisions of this
13 chapter shall continue unimpaired in full force and effect. 0
14 (m) Warning. The degree of flood protection, activities, or work required by this chapter and the
15 Florida Building Code, as amended by Monroe County, is considered the minimum necessary
16 and reasonable to accomplish the intent and purposes herein and is based upon scientific and
17 engineering considerations. Larger floods can and will occur. Flood heights and flood-related w
18 impacts may be increased,intensified,or exacerbated by man-made or natural causes. This chapter
19 does not expressly provide or imply that land outside of mapped special flood hazard areas,or that
20 structures or uses authorized and permitted within such flood hazard areas, will be free from
21 flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood
22 Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code
23 of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency _0
24 Management Agency,requiring Monroe County to revise this chapter and regulations to remain CN
25 eligible for participation in the National Flood Insurance Program and its benefits. No
26 guarantee of a vested right to a structure or use, existing use, or future use is implied or
27 expressed by any part of or compliance with this chapter.
28 (n) No Liability. This chapter shall not create liability on the part of the Board of County
29 Commissioners of Monroe County or any officer or employee thereof for any flood damage
30 allegedly arising out of, related to, or in connection with this chapter or any administrative
31 decision lawfully made thereunder. This chapter shall not be deemed to have waived, for the
32 county, or for its officers or employees, any sovereign governmental, or any other similar 0
33 defense, immunity, exemption, or protection against any suit, cause of action, demand, or
34 liabilily.
35
36 Sec. 122-2—Applicability.
37 (a) Applicability this chapter. Where there is a conflict between a general requirement and a
38 specific requirement, the specific requirement shall be aplicable.
39 (b)Areas to which this chapter applies. This chapter shall aply to all flood hazard areas within
40 the unincorporated areas of Monroe County, as established in section 122-2(c) of this chapter.
41 (c) Basis for establishing flood hazard areas, Species Focus Area Maps (SFAMs)with Focus
42 Area Buffers and Federally Protected Species Area Real Estate (RE) List; and Species
43 Assessment Guides (SAGs).
44 (1) The Flood Insurance Study for Monroe County dated February 18, 2005, and the
45 - accompanying Flood Insurance Rate Maps (FIRM), are adopted by reference as a part of
46 this chapter, shall be kept on file, available to the public, in the offices of the county
Packet Pg.4316
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I Building Department and shall serve as the minimum basis for establishing flood hazard
2 areas. Amendments and revisions by Letters of Map Change (LOMC) issued by FEMA
3 shall be retained by the County and utilized for implementing this chapter. Studies and
4 maps that establish flood hazard areas shall be kept on file at the offices of the county
5 Building Department.
6 (2)For implementation of the Permit Referral Process (PRP)in Section 122-12 of this chapter,
7 the following are adopted by reference as a part of this chapter:
8 a. Species focus area maps (SFAMs) with Species focus area buffers and species real
9 estate (RE) list. FEMA and the U.S. Fish and Wildlife Service (FWS) have provided
10 the species focus area maps (SFAMs) mailed to Monroe County and dated April 30,
11 2011, and a listing of real estate numbers of parcels (RE list)emailed to Monroe County
12 and dated November 18, 2011,that are within the SFAMs and that have been identified
13 by FWS. The SFAMs and the RE list that are within the SFAMs identified by the FWS 0
14 in accordance with the biological opinion, dated April 30, 2010, as amended December
15 14, 2010, are hereby declared to be a part of this chapter. The SFAMs and RE list are 0
16 on file at the Monroe County Clerk's office and the Monroe County Growth
17 Management Division Office.
18 b. Species assessment guides (SAGS). FEMA and FWS provided the May 20, 2012,
19 species assessment _guides (SAGS) to Monroe County and Monroe County adopted
20 these SAGS on September 13, 2012. FEMA and the FWS provided revisions of the
21 SAGs to Monroe County on July 29, 2013. Permits submitted after February 17, 2014,
22 the date of this ordinance shall be reviewed utilizing the July 29, 2013, FEMA/FWS
23 SAGs. These SAGS are declared to be a part of this chapter. The SAGS are on file at 2
24 the Monroe County Clerk's office and the Monroe County Growth Management N
CN
25 Division Office.
26 (d) Submission of additional data to establish flood hazard areas. To establish flood hazard
27 areas and base flood elevations, pursuant to section 122-13 of this chapter the Floodp lain
28 Administrator may require submission of additional data. Where field surveyed topography
29 prepared by a Florida licensed professional surveyor or di_ital topography accepted by the
30 Floodplain Administrator indicates that ground elevations:
31 (1) Are below the closest applicable base flood elevation, even in areas not delineated as a
32 special flood hazard area on a FIRM, the area shall be considered as flood hazard area and 0
33 subject to the requirements of this chapter and, as applicable, the requirements of the
34 Florida Building Code.
35 (2) Are above the closest applicable base flood elevation,the area shall be regulated as special
36 flood hazard area unless the applicant obtains a Letter of Map Change that removes the
37 area from the special flood hazard area.
38 (e) Abrogation and greater restrictions. This chapter supersedes any ordinance in effect for
39 management of development in flood hazard areas. However, it is not intended to repeal or
40 abrogate any existing ordinances including but not limited to land development regulations,
41 zoning ordinances, stormwater management regulations, or the Florida Building Code. In the
42 event of a conflict between this chapter and any other ordinance, the more restrictive shall
43 og vern.
44 Sec. 122-3.—Definitions.
45 The following words,phrases and terms shall, for the exclusive purposes of this chapter only, have
46 the specific definitions and meanings shown in this section. Where such words,phrases and terms
Packet Pg.4317
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I are not defined in this chapter and are defined in the Florida Building Code, such words, phrases
2 and terms shall have the meanings ascribed to them in the Florida Building Code. Where such
3 words, phrases and terms are not defined in this chapter or the Florida Building Code, the County
4 shall utilize the adopted definitions within Chapter 101 of the Monroe County Land Development
5 Code. If the definitions of such words, phrases and terms are not within the Land Development
6 Code, the words,phrases and terms shall have ordinarily accepted meanings as its context and the
7 context of its provision and its provision's structural placement imply.
8
9 Accessory structure means a structure that is located on the same parcel or on a contiguous
10 parcel that is under the same ownership as the principal structure and the use of which is
11 subordinate to and incidental to the use of the principal structure. Accessory structures should
12 constitute a minimal initial investment, shall be limited to use for parking and storage and may
13 not be used for human habitation, and must be designed to have minimal flood damage 0
14 potential. Examples of accessory structures are two- car detached garages (or smaller),
15 carports, storage sheds, and pole barns (does not include gazebos, pavilions, picnic shelter, or 0
16 a carport that is open on all sides).
17 w
18 Adiacent to contiguous native habitat means an area of native habitat sharing a boundary at
19 one or more points of intersection with other native habitat. For purposes of this land
20 development code, an intervening road, right-of-way or easement shall not destroy the
21 adjacency of the habitat. However, U.S. 1, canals and open water shall constitute a break in
22 adjacency_ a
23 2
24 ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced c-
CN
25 by the Florida Building Code. ASCE 24 is developed and published by the American Society
26 of Civil Engineers, Reston, VA.
27 u
28 Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given
29 year. The base flood is commonly referred to as the "100-year flood" or the"1-percent-annual
30 chance flood."
31
32 Base flood elevation (BFE) means the elevation of the base flood, including wave height
33 relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
34 (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
35
36 Basement means the portion of a building having its floor subgrade (below ground level) on
37 all sides.
38
39 Coastal A Zone means the area within a special flood hazard area, landward of a V zone or
40 landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the
41 principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not
42 riverine flooding.During the base flood conditions,the potential for breaking wave height shall
43 be greater than or equal to 1 1/z feet(457 mm). The inland limit of the coastal A zone is (a)the
44 Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority
45 having jjurisdiction.
46
Packet Pg.4318
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I Coastal high hazard area means a special flood hazard area extending from offshore to the
2 inland limit of a primary frontal dune along an open coast and any other area subject to high
3 velocity wave action from storms or seismic sources. Coastal high hazard areas are also
4 referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are
5 designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.
6
7 Design flood means the flood associated with the greater of the following two areas:
8 (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year,
9 or
10 (2) Area designated as a flood hazard area on the community's flood hazard map, or
11 otherwise leery designated.
12
13 Desiy flood elevation means the elevation of the "design flood," including wave height
14 relative to the datum specified on the community's legally designated flood hazard map. In
15 areas designated as Zone AO, the design flood elevation shall be the elevation of the hi _ghest 0
16 existing.grade of the building's perimeter plus the depth number(in feet) specified on the flood
P P P P �
17 hazard map. In areas designated as Zone AO where the depth number is not specified on the
18 map, the depth number shall be taken as being equal to 2 feet.
19
20 Development means any man-made change to improved or unimproved real estate, including
21 but not limited to, buildings or other structures, tanks, temporary structures, temporary or
22 permanent storage of equipment or materials, mining, dredging, filling, grading, paving,
23 excavations, drilling operations or any other land disturbing activities. 0
24 CN
25 Flood proo�g Certificate means the FEMA Floodproofing Certificate for Non-Residential
26 Structures form issued by FEMA for the collection of design information and elevations for
27 specific buildings in flood hazard areas. The FEMA Floodproofing Certificate is revised and u
28 reissued periodically. Applicants and permittees shall use the edition current as of the date of
29 submission.
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30
31 Elevation Certificate means the FEMA Elevation Certificate form issued by FEMA for the
32 collection of information and elevations for specific buildings in flood hazard areas. The
33 FEMA Elevation Certificate is revised and reissued periodically. Applicants and permittees
34 shall use the edition current as of the date of submission.
35
36 Elevated buildiLg means a nonbasement building that has its lowest elevated floor raised above
37 ground level by foundation walls, shear walls,posts,piers,pilings, or columns.
38
39 Enclosed area or enclosure means the portion of an elevated building below the lowest
40 elevated floor that is fully shut in by rigid walls and used solely for limited storage,parking or
41 building access.Enclosures shall not be constructed,modified,equipped, or used for habitation
42 or other purposes.
43
44 ExistiLg buildiLg and existing structure means any buildings and structures for which the"start
45 of construction" commenced before June 15, 1973.
46
Packet Pg.4319
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I Existing manufactured home park or subdivision means a manufactured home Park or
2 subdivision for which the construction of facilities for servicing the lots on which the
3 manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
4 the construction of streets, and either final site grading or the pouring of concrete Pads) is
5 completed before June 15, 1973.
6
7 Federal Emergencv Management Agency (FEMA) means the federal a_ _gency that, in addition
8 to carrying out other functions, administers the National Flood Insurance Program.
9
10 Flood or floodiLig means a general and temporary condition of partial or complete inundation
11 of normally dry land from:
12 (1) The overflow of inland or tidal waters.
13 (2) The unusual and rapid accumulation or runoff of surface waters from any source. 0
14 6
15 Flood damage-resistant materials means any construction material capable of withstanding 0
16 direct and prolonged contact with floodwaters without sustaining any damage that requires
17 more than cosmetic repair. w
18
U)
19 Flood hazard area means the greater of the following two areas:
20 (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
21 year.
22 (2) The area designated as a flood hazard area on the community's flood hazard map, or a
23 otherwise legally desi_ng ated. 0
24 cN
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25 Flood Insurance Rate Map (FIRM) means the official map of the community on which the
26 Federal Emergency Management Agency has delineated both special flood hazard areas and
27 the risk premium zones applicable to the community. u
28
29 Flood Insurance Study (FIS1 means the official report provided by the Federal Emer _gency
30 Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
31 Floodway Map (if applicable), the water surface elevations of the base flood, and suporting
32 technical data. 0
33
34 Floodplain Administrator means the office or position designated and charged with the
35 administration and enforcement of this chapter. The term"Floodplain Administrator" shall be
36 synonymous with the term the "Floodplain Manager."
37
38 Floodplain development order or permit or approval means an official document or certificate
39 issued by the community, or other evidence of approval or concurrence, which authorizes
40 performance of specific development activities that are located in flood hazard areas and that
41 are determined to be compliant with this chapter.
42
43 Florida Building Code (FBC) means the family of codes adopted by the Florida Building
44 Commission, including the: Florida Building Code, Building; Florida Building Code,
45 Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
46 Florida Building Code, PlumbiLig; Florida Building Code, Fuel Gas.
Packet Pg.4320
S.4.a
1
2 Functionally dependent use means a use which cannot perform its intended purpose unless it
3 is located or carried out in close proximity to water, including only docking facilities, port
4 facilities that are necessary for the loading and unloading of cargo or passengers, and ship
5 building and ship repair facilities, the term does not include long-term storage or related
6 manufacturing facilities.
7
8 Highest adjacent ,grade means the highest natural elevation of the ground surface prior to
9 construction next to the proposed walls or foundation of a structure.
10
11 Historic structure means any structure that is determined eligible for the exception to the flood
12 hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
13 Buildings. For the purposes of this exception, a historic building is: 0
14 (1) Listed or preliminarily determined to be eligible for listing in the National Register of
15 Historic Places, or 0
16 (2) A contributing resource within a National Register of Historic Places listed district, or
17 (3) Designated as historic property under an official municipal, county, special district or
18 state designation, law, ordinance or resolution either individually or as a contributing
19 property in a district, provided the local program making the designation is approved
20 by the Department of the Interior, or
21 (4) Determined eligible by the Florida State Historic Preservation Officer for listing_ in the
22 National Register of Historic Places, either individually or as a contributing property 'a
23 in a district. 2
24 N
25 Illegal structure or use means a structure or use that is not a legal structure or legal use as
26 defined in this chapter.
27 u
28 Legal structure means a structure that was permitted under the floodplain regulations in effect
29 at the time construction commenced on the structure in its current configuration and received
c�
30 a permit or final inspection or certificate of occupancy for the structure in its current
31 configuration.
32
33 Legal use means a use that was permitted by the floodplain regulations at the time the use
34 commenced on the property.
35
36 Limit ofModerate Wave Action means a line shown on FIRMS to indicate the inland limit of
37 the 1 1/2-foot(457 mm)breaking wave height during the base flood.
38
39 Limited storage means storage that is incidental and accessory to the principal structure. For
40 example, if the principal structure is a residence, storage should be limited to items such as
41 lawn and garden equipment, tires, and other low damage items that will not suffer flood
42 damage or can be conveniently moved to the elevated part of the building. Flood insurance
43 coverage for enclosures and contents below the base flood elevation is very limited.
44
45 Letter op Change (LOMC) means an official determination issued by FEMA that amends
46 or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Packet Pg.4321
S.4.a
I Change include:
2 (1) Letter of Map Amendment (LOMA) means an amendment based on technical data
3 showing that a property was incorrectly included in a designated special flood hazard
4 area. A LOMA amends the current effective Flood Insurance Rate Map and establishes
5 that a specific property, portion of a property, or structure is not located in a special
6 flood hazard area.
7 (2) Letter of Myp Revision (LONIR) means a revision based on technical data that maX
8 show changes to flood zones, flood elevations, special flood hazard area boundaries
9 and floodway delineations, and other planimetric features.
10 (3)Letter ofMap Revision Based on Fill(LOMR-F) means a determination that a structure
11 or parcel of land has been elevated by fill above the base flood elevation and is,
12 therefore, no longer located within the special flood hazard area. In order to qualify
13 for this determination,the fill must have been permitted and placed in accordance with 0
14 the community's floodplain management regulations.
15 (4) Conditional Letter oLyap Revision (CLOMR) means a formal review and comment as 0
16 to whether a proposed flood protection project or other project complies with the 2
p p p p l p l p 2
17 minimum NFIP requirements for such projects with respect to delineation of special
18 flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map
19 or Flood Insurance Study, upon submission and approval of certified as-built
20 documentation, a Letter of Map Revision may be issued by FEMA to revise the
21 effective FIRM.
22
23 Li g t-du truck,defined in 40 C.F.R. 86.082-2,means any motor vehicle rated at 8,500 pounds 2 h ty
24 Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or N
25 less and which has a basic vehicle frontal area of 45 square feet or less, which is:
26 (1) Designed primarily for purposes of transportation of property or is a derivation of such
27 a vehicle, or u
28 (2) Designed primarily for transportation of persons and has a capacity of more than 12
29 persons, or
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30 (3) Available with special features enabling off-street or off-highway operation and use.
31
32 Lowest floor means the lowest floor of the lowest enclosed area of a building or structure,
33 including basement, but excluding any unfinished or flood-resistant enclosure, other than a
34 basement, usable solely for vehicle parking, building access or limited storage provided that
35 such enclosure is not built so as to render the structure in violation of the non-elevation
36 requirements of the Florida BuildiLg Code or ASCE 24.
37
38 MaLigrove stand means an assemblage of mangrove trees which are mostly low trees noted for
39 a copious development of interlacing adventitious roots above the ground and which contains
40 one or more of the following species: Black mangrove, red mangrove, white mangrove, and
41 buttonwood.
42
43 Manufactured home means a structure, transportable in one or more sections, which is eight
44 (8)feet or more in width and greater than four hundred(400) square feet, and which is built on
45 a permanent, integral chassis and is designed for use with or without a permanent foundation
46 when attached to the required utilities. The term "manufactured home" does not include a
Packet Pg.4322
S.4.a
I "recreational vehicle" or"park trailer."
2
3 Manufactured home park or subdivision means a parcel(or contiguous parcels)of land divided
4 into two or more manufactured home lots for rent or sale.
5
6 Market value means the price at which a property will change hands or be transferred between
7 a willing buyer and a willing seller,neither party being under compulsion to buy,sell or transfer
8 and both having reasonable knowledge of relevant facts, which shall include imputing
9 constructive knowledge of controlling local, state, and federal laws and regulations. As used
10 in this chapter, the term "market value" refers to the market value of buildings and structures,
11 excluding the land and other improvements on the parcel. Market value may be established by
12 a qualified certified independent appraiser, Actual Cash Value (in-kind replacement cost
13 depreciated for age, wear and tear, neglect, and quality of construction), established by a 0
14 qualified certified independent appraiser or tax assessment value adjusted by 20 percent(20%)
15 to approximate market value. A uniform appraisal report prepared by a qualified certified 0
16 independent a raiser submitted by the a licant may be used if the Flood lain Administrator
p F F p
17 considers such appraisal consistent with local construction costs. A structure or building
18 originally manufactured or built as a vehicle, shall exclusively be appraised by utilizing the
19 Kelley Blue Book or a NADA appraisal. Documentation of alleged local construction costs
20 submitted by a property owner to the Floodplain Administrator must be submitted in the form
21 of a sworn or attested affidavit that shall be based upon the personal knowledge of the
22 certifying affiant and must be notarized. Where an appraisal is not accepted because it wears a
23 to be inconsistent with local construction costs,the applicant may request review by a qualified 0
24 certified independent third-party appraiser duly authorized by the county. The cost of such N
25 independent review shall be borne by the applicant. The reviewing appraiser shall determine
26 if the appraisal value reasonably reflects an appropriate market value of the structure. The
27 reviewing appraiser's determination must be in a written document, shall be sworn or attested u
28 to by the certifying affiant and expressly provide that it is based on the certifying affiant's
29 personal knowledge, and must be notarized. Professionals preparing appraisals or appraisal
30 reviews shall be required to possess certifications as state certified residential appraisers for
31 appraising one to four family residential properties and state certified general appraisers for all
32 other properties including commercial and multi-residential. Neither an appraisal making an 0
33 extraordinary assumption that a building or structure was in good condition as of a date prior
34 to a flood event nor a retrospective appraisal (an appraisal done retrospectively based on a date
35 prior to the flood event) shall be eligible for consideration or relief. A building or structure that
36 was never lawfully permittedin the first place shall not be eligible for issuance of a permit or
37 development approval.
38
39 New construction means, for the purposes of administration of this chapter and the flood
40 resistant construction requirements of the Florida BuildiLg Code, structures for which the
41 "start of construction" commenced on or after June 15, 1973. and includes any subsequent
42 improvements to such structures.
43
44 Nonconversion Agreement means a form provided by the Floodplain Administrator to be
45 signed by the owner and recorded on the property deed in Official Records of the Monroe
46 County Clerk of Court, for the owner to agree not to convert or modify in any manner that is
Packet Pg.4323
S.4.a
I inconsistent with the terms of the building�permit and these regulations, enclosures below
2 elevated buildings, certain crawl/underfloor spaces, detached accessory structures, and
3 arg_ages.
4
5 Nonconforming structure means a structure or a portion of a structure below the base flood
6 elevation that is lawfully existing or permitted and is not fully conforming with the terms of
7 this chapter.
8
9 Notice to proceed means a written authorization by the Planning and Environmental Resources
10 Department and/or Building Department to the permittee authorizing permitted development
11 to begin.
12
13 Park trailer means a transportable unit which has a body width not exceeding fourteen (14)
14 feet and which is built on a single chassis and is designed to provide seasonal or temporary
15 living quarters when connected to utilities necessary for operation of installed fixtures and 0
16 appliances.
17 w
18 Recreational vehicle means a vehicle, including a park trailer, which is:
19 (1) Built on a single chassis,
a�
20 (2) Four hundred (400) square feet or less when measured at the largest horizontal
21 projection,
22 (3) Designed to be self-propelled or permanently towable by a light duty truck, and
a
23 (4) Desi _gned primarily not for use as a permanent dwelling but as temporary living quarters primarily not for use as a permanent dwelling but as temporary living quarters 0
24 for recreational, camping, travel, or seasonal use. CN
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25
26 Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of
27 the beach. u
28
29 Special flood hazard area means an area in the floodplain subject to a 1 percent or greater
eater
30 chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone
31 A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V.
32
33 Start ofconstruction means the date of issuance of permits for new construction and substantial
34 improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
35 addition, placement, or other improvement is within 180 days of the date of the issuance. The
36 actual start of construction means either the first placement of permanent construction of a
37 building(including a manufactured home) on a site, such as the pouring of slab or footings,
38 the installation of piles, or the construction of columns. Permanent construction does not
39 include land preparation (such as clearing, grading, or filling), the installation of streets or
40 walkways, excavation for a basement,footings,piers, or foundations,the erection of temporary
41 forms or the installation of accessory buildings such as garages or sheds not occupied as
42 dwelling units or not part of the main buildings. For a substantial improvement, the actual
43 "start of construction" means the first alteration of any wall, ceiling, floor or other structural
44 part of a building,whether or not that alteration affects the external dimensions of the building.
45
46 Substantial damyge means damage of any origin sustained by a building or structure whereby
Packet Pg.4324
S.4.a
I the cost of restoring the building or structure to its before damaged (pre-damage") condition
2 would equal or exceed 50 percent of the market value of the building or structure before the
3 damage occurred. Structures that are determined to be substantially damaged are automatically
4 considered to be substantial improvements, regardless of the actual repair work performed. If
5 the cost necessary to fully repair the structure to its before damage (pre-damage") condition
6 is equal to or greater than 50 percent of the structure's market value before damages (Pre-
7 damage" market value), then the structure must be elevated (or flood proofed if it is non-
8 residential) to or above the required elevation and meet all other aplicable requirements of
9 the Florida Building Code and this chapter. Items that may be excluded from the cost to repair
10 are listed in the substantial improvement/substantial damage worksheet/checklist developed
11 by the County Floodplain Administrator(which shall be kept on file and available to the public
12 in the offices of the County Building Department) and, include but are not limited to, costs to
13 prepare plans and specifications, survey costs, and permit and inspection fees. Items that may 0
14 also be excluded include costs to lawfully temporarily stabilize a building so that it's safe to
15 enter to evaluate and identify required repairs and lawful improvements to items outside the 0
16 building, such as the driveway, septic systems, wells, fencing, landscaping and detached
17 accessory structures. w
18
U)
19 Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addition,
20 or other improvement of a building or structure, including any improvement and any repair of
21 damage sustained from any origin,the cost of which equals or exceeds 50 percent of the market
22 value of the building or structure before the improvement or repair is started. If the building or
23 structure has incurred "substantial damage," any repairs are considered a substantial 0
24 improvement regardless of the actual repair work performed. The term does not, however, CN
CN
25 include either:
26 (1) Any project for lawful improvement of a building required to correct existing health,
27 sanitary, or safety code violations identified by the Building Official and that are the u
28 minimum necessary to assure safe living conditions.
29 (2) Lawful minimum necessary repairs required to remedy health,safety, and sanitary code
30 deficiencies provided the Building Official, Fire Marshal, or Health Officer were prior
31 to such repairs' occurrence expressly informed of the existence and the extent of the
32 code deficiencies,the deficiencies were in existence prior to the occurrence of damage 0
33 or prior to the start of an improvement, and the deficiencies are not triggered solely by
34 the proposed improvements or repairs.
35 (3) Any alteration of a historic structure provided that the alteration will not preclude the
36 structure's continued designation as a historic structure.
37
38 Variance means a grant of relief from the requirements of this chapter, or the flood resistant
39 construction requirements of the Florida Building Code, which permits construction in a
40 manner that would not otherwise be permitted by this chapter or the Florida Building Code.
41
42 V-Zone and Coastal A Zone Construction Certification Form means the Monroe County V-
43 Zone and Coastal A Zone Construction Certification Form for New Construction &
44 Substantially Improved/Damaged Structures. Design calculations signed and sealed by the
45 design professional must be submitted with the Form, and include at a minimum, if aPplicable:
46 (1) Calculated velocity
47 (2) Hydrostatic load—buoyancy effects, lateral loads from standing water, slowly moving
Packet Pg.4325
S.4.a
I water, and nonbreaking waves
2 (3) Breaking wave load
3 (4) Hydrodynamic load—from rapidly moving water, including breaking waves
4 (5) Debris impact load—from waterborne objects
5 (6) Estimation of scour
6 (7) Breakaway wall design and calculations
7 (8) Free of obstruction design _for round slabs
8 (9) Free of obstruction design for accessory structures and pools.
9
10 Sec. 122-4— 122-9.—Reserved.
11
12 ARTICLE IL —ADMINISTRATION
13 0
14 Sec. 122-10.—Duties and Powers of the Floodplain Administrator.
15 (a)Floodplain Administrator; designation. The Building Official is designated as the Floodplain 0
16 Administrator. The Floodplain Administrator may delegate performance of certain of his or
17 her duties to other employees. w
18 (b) General authority. The Floodplain Administrator is authorized and directed to administer and
19 enforce the provisions of this chapter. The Floodplain Administrator shall have the authority
20 to render interpretations of this chapter consistent with the intent and purpose of this chapter
21 and may approve and establish policies and procedures in order to clarify the application of its
22 provisions. The Floodplain Administrator is authorized to aprove tools, tables, and software
23 developed to render substantial damage or substantial improvement calculations, which are 0
24 provided to the County by federal agencies including but not limited to FEMA and NOAA; N
25 such approvals shall be construed as legislatively authorized and executive in nature. The
26 Floodplain Administrator shall be guided by the current editions of FEMA's technical bulletins
27 and other guidance publications, interpretative letters, and policy statements issued by FEMA u
28 that are adopted by resolution by the Board of County Commissioners. Such interpretations,
29 policies, resolutions, and procedures shall not have the effect of waiving requirements
30 specifically provided in this chapter or the Florida BuildiLg Code without the granting of a
31 variance pursuant to section 122-17 of this chapter.
32 (c) Applications and permits. The Floodplain Administrator, in consultation with the Building 0
33 Official and in coordination with other pertinent offices of Monroe County, shall:
34 (1) Review aplications and plans to determine whether proposed new development will be
35 located in flood hazard areas;
36 (2) Review aplications for modification of any existing development in flood hazard areas
37 for compliance with the requirements of this chapter;
38 (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine
39 the exact location of boundaries; a person contesting the determination shall have the
40 opportunity to meal that interpretation;
41 (4) Provide available flood elevation and flood hazard information;
42 (5) Determine whether additional flood hazard data shall be obtained from other sources or
43 shall be developed by an applicant;
44 (6) Review aplications to determine whether proposed development will be reasonably safe
45 from flooding;
46 (7) Issue Foodplain development orders or permits for development other than buildings and
Packet Pg.4326
S.4.a
I structures that are subject to the Florida Building Code, including buildings, structures and
2 facilities exempt from the Florida Building Code, when compliance with this chapter is
3 demonstrated, or disapprove the same in the event of noncompliance, and
4 (8) Coordinate with and provide comments to the Building Official to assure that aplications,
5 plan reviews, and inspections for buildings and structures in flood hazard areas comply
6 with the aplicable provisions of this chapter.
7 (d) Substantial improvement and substantial damage determinations. For applications for
8 building permits to improve buildings and structures, including alterations, movement,
9 enlargement,replacement,repair, change of occupancy, additions,rehabilitations,renovations,
10 substantial improvements, repairs of substantial damage, and any other improvement of or
11 work on such buildings and structures, the Floodplain Administrator, in coordination with the
12 Building Official, shall:
13 (1) Develop a substantial improvement/substantial damage worksheet/checklist, consistent 0
14 with guidance published by FEMA, to communicate to property owners, residents,
15 contractors and design professionals, that includes, but is not limited to, affidavit 0
16 requirements, acceptable documentation of costs, identification of costs that may be
17 excluded from the cost of proposed improvements and repairs, and conditions relevant to
18 exclusion of costs in accordance with the definition of "substantial damage" and
19 "substantial improvement."
20 (2) Estimate the market value, or require the aplicant to obtain an apraisal of the market
21 value prepared by a qualified certified independent appraiser, of the building or structure
22 before the start of construction of the proposed work, in the case of repair,the market value
23 of the building or structure shall be the market value before the damage occurred and before 0
24 any repairs are made, CN
CN
25 (3) Compare the cost to perform the improvement,the cost to repair a damaged building_ to o its
26 pre-damaged condition, or the combined costs of improvements and repairs, if aplicable,
27 to the market value of the building or structure,
28 (4) Determine and document whether the proposed work constitutes a substantial improvement
29 or the repair of substantial damage, _and
30 (5) Notify the aplicant if it is determined that the work constitutes a substantial improvement
31 or the repair of substantial damage and that compliance with the flood resistant construction
32 requirements of the Florida Building Code and this chapter is required. 0
33 (e) Modifications of the strict application of the requirements of the Florida Buildin,- Code.
34 The Floodplain Administrator shall review requests submitted to the Building Official that seek
35 approval to modify the strict application of the flood load and flood resistant construction
36 requirements of the Florida Building Code to determine whether such requests require the
37 granting anting of a variance pursuant to section 122-17 of this chapter.
38 (f) Notices and orders. The Floodplain Administrator shall coordinate with apropriate local
39 agencies for the issuance of all necessary notices or orders to ensure compliance with this
40 chapter.
41 (2)Inspections. The Floodplain Administrator shall make the required inspections as specified in
42 section 122-14 of this chapter for development that is not subject to the Florida Building Code,
43 including buildings, structures and facilities exempt from the Florida Building Code. The
44 Floodplain Administrator shall inspect flood hazard areas to determine if development is
45 undertaken without issuance of a Foodplain development permit.
Packet Pg.4327
S.4.a
I (h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
2 other duties, including but not limited to:
3 (1) Establish, in coordination with and with the approval of the Building Official, Procedures
4 for administering and documenting determinations of substantial improvement and
5 substantial damage made pursuant to section 122-10(d) of this chapter;
6 (2) Require applicants who submit hydrologic and hydraulic engineering analyses to support
7 permit applications to submit to FEMA the data and information necessary to maintain the
8 Flood Insurance Rate Maps if the analyses propose to change base flood elevations, or
9 flood hazard area boundaries, such submissions shall be made within six (6)months of the
10 Floodplain Administrator's notice to the applicant to submit to FEMA the data and
11 information necessary to maintain the Flood Insurance Rate Maps.
12 (3) Review required design certifications and documentation of elevations (FEMA Elevation
13 Certificates)specified by this chapter and the Florida Building Code to determine that such 0
14 certifications and documentations are complete,
15 (4) Notify the Federal Emergency _Management A _gency when the corporate boundaries of A _gency when the corporate boundaries of 0
16 Monroe County are modified, and
17 (5) Advise applicants for new buildings and structures, including substantial improvements,
18 that are located in any unit of the Coastal Barrier Resources System established by the
19 Coastal Barrier Resources Act(Pub. L. 97-348) and the Coastal Barrier Improvement Act
20 of 1990 (Pub. L. 101-591), that federal flood insurance is not available on such
21 construction, areas subject to this limitation are identified on Flood Insurance Rate Maps
22 as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
23 (i) Floodplain management records. Regardless of any limitation on the period required for 0
24 retention of public records,the Floodplain Administrator shall maintain and permanently keep U-
25 and make available for public inspection all records that are necessary for the administration
26 of this chapter and the flood resistant construction requirements of the Florida Building Code,
27 including, but not limited to, Flood Insurance Rate Maps, Letters of Map Change, records of u
28 issuance of permits and denial of permits;determinations of whether proposed work constitutes
29 a substantial improvement or the repair of substantial damage, _required design certificationsre required design certifications
30 and documentation of elevations (FEMA Elevation Certificates) specified by the Florida
31 Building Code and this chapter; documentation related to meals and variances, including
32 justification for issuance or denial, and records of enforcement actions taken pursuant to this 0
33 chapter and the flood resistant construction requirements of the Florida Building Code.
34
35 Sec. 122-11.—Permits.
36 (a) Permits required. Any owner or owner's authorized went (hereinafter "applicant") who
37 intends to undertake any development activity within the scope of this chapter, including
38 buildings, structures and facilities exempt from the Florida Building Code, which is wholly
39 within or partially within any flood hazard area shall first make application to the Floodplain
40 Administrator, and the Building Official if applicable, and shall obtain all the required
41 Foodplain development orders or permits. No such order or permit shall be issued until
42 compliance with the requirements of this chapter and all other applicable codes and regulations has
43 been satisfied.
44 (b) Floodplain development orders or permits. Floodplain development orders or permits shall be
45 issued pursuant to this chapter for any development activities not subj ect to the requirements of the
46 Florida Building Code, including buildings, structures and facilities exempt from the Florida
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I Building Code. Depending on the nature and extent of Proposed development that includes a
2 building or structure, the Floodplain Administrator may determine that a floodplain development
3 order is required in addition to a buildingzpermit.
4 (c) Buildings, structures and facilities exempt from the Florida Buildin,- Code. Pursuant to
5 the requirements of federal regulations for participation in the National Flood Insurance
6 Program (44 C.F.R. Sections 59 and 60), floodplain development orders or permits shall be
7 required for the following buildings, structures and facilities that are exempt from the Florida
8 Building Code and any further exemptions provided by law, which are subject to the
9 requirements of this chapter:
10 (1) Railroads and ancillary facilities associated with the railroad.
11 (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
12 (3) Temporary buildings or sheds used exclusively for construction purposes.
13 (4) Mobile or modular structures used as temporary offices. 0
14 (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
15 are directly involved in the generation, transmission, or distribution of electricity. 0
16 (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe
17 of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but w
18 that has a thatched roof of palm or palmetto or other traditional materials, and that does not
19 incorporate any electrical,plumbing, or other non-wood features.
20 (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
21 assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
22 constructed of granite, marble, or reinforced concrete.
23 (8) Temporary housing providedby the Department of Corrections to any prisoner in the state 0
U-
24 correctional system. cN
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25 (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
26 Building Code, if such structures are located in flood hazard areas established on Flood
27 Insurance Rate Maps. u
28 (d) Application for a floodplain development order or permit. To obtain a floodplain
29 development order or permit the applicant shall first file an application in writing on a form
30 approved by the Building Official and furnished by the Building Department. The information
31 provided by the applicant shall accurately, at a minimum:
32 (1) Identify and describe the scope of work and development to be covered by the order or 0
33 permit.
34 (2) Describe the land on which the proposed development is to be conducted by complete legal
35 description, street address or similar description that will readily identify and definitively
36 locate the site.
37 (3) Indicate the use and occupancy for which the proposed development is intended.
38 (4) Be accompanied by a site plan or construction documents as specified in section 122-13 of
39 this chapter.
40 (5) State the valuation of the proposed work.
41 (6) Be signed_ by the applicant or by the applicant's authorized a_ gent.
42 (7) Give such other data and information as required by the Floodplain Administrator.
43 (8) For projects proposing to enclose areas under elevated buildings, include signed
44 Nonconversion Agreement, the agreement shall be recorded on the property deed prior to
45 issuance of the Certificate of Occupancy
46 (e) Validity of floodplain development order or permit. The issuance of a floodplain
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I development order or Permit Pursuant to this chapter shall not be construed to be a Permit for,
2 or aproval of,any violation of this chapter,the Florida Building Code, or any other ordinance,
3 resolution or regulation of Monroe County. The issuance of permits based on submitted
4 applications, construction documents, and information shall not prevent the Floodplain
5 Administrator from requiring the correction of errors and omissions, or in the case of
6 incomplete documents or information, from requiring the suplementation of such prior
7 submitted documents or information with additional documentation or information.
8 (f) Expiration. A floodplain development order or permit shall automatically become invalid by
9 operation of law unless the work authorized by such permit is commenced within 180 days
10 after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days
11 after the work authorized by such permit commences. Extensions for periods of not more than
12 180 days each shall be requested in writing by the aplicant and justifiable good cause shall be
13 demonstrated. "Good cause" means a"legally sufficient reason." 0
14 (2) Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke
15 a floodplain development order or permit if the order or permit was issued in error, if the order 0
16 or permit was issued on the basis of incorrect, inaccurate or incomplete information, if the
17 county Building Department determines that the application for such order or permit contained w
18 false or misleading information or omitted information material and relevant to the county's
19 decision to issue said order or permit, if the application for such order or permit failed to
20 comply with a provision or requirement of this chapter, or if the order or permit was issued in
21 violation of this chapter or any other ordinance, resolution, regulation or requirement of
22 Monroe County.
23 (h) Other permits required. Floodplain development permits and building permits shall include 0
24 a condition that all other aplicable state or federal aprovals and permits must be obtained CN
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25 before commencement of the county-permitted development, including but not limited to the
26 following:
27 (1) The South Florida Water Management District,pursuant to Section 373.036, F.S. u
28 (2) Florida Department of Health for onsite sewage treatment and disposal systems, pursuant
29 to Section 381.0065, F.S. and Chapter 64E-6, F.A.C.
30 (3) Florida Department of Environmental Protection for activities subject to the Joint Coastal
31 Permit, pursuant to Section 161.055, F.S.
32 (4) Florida Department of Environmental Protection for activities that affect wetlands and alter 0
33 surface water flows, in conjunction with the U.S. Army Corps of Engineers, pursuant to
34 Section 404 of the Clean Water Act.
35 (5) Federal permits and approvals.
36 (i) Other documentation required. A Nonconversion Agreement signed by the applicant, and
37 plans or drawings specified by the Floodplain Administrator, shall be recorded on the property
38 deed prior to issuance of Certificates of Occupancy or Certificates of Compliance for the
39 following:
40 (1) Enclosed areas below new and substantially improved elevated buildings.
41 (2) Enclosed areas below lateral additions.
42 (3) Enclosed areas below nonconforming buildings that are brought into compliance.
43 (4) Garages and detached accessory structures that are aPproved in accordance with the non-
44 elevation requirements of Section 122-25(d) and (e).
45
46 Sec. 122-12. -Inclusion of United State Federal Emmency Management A2ency and United
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I States Fish and Wildlife Service (FWS) required Permit Referral Process (PRP) in final
2 permit determinations for development.
3
4 (a)Purpose and intent. It is the purpose of this section 122-12 to implement regulations that will
5 assure, consistent with the loth Amendment to the U.S. Constitution, state and county
6 regulations, proper record retention, coordination, and notification of FEMA and FWS
7 regarding permit applications filed with or issued by Monroe County, inclusive of FEMA/FWS
8 requirements agreed to by the aplicant.
9 (b) Lands to which this section apply. See section 122-2(c)(2).
10 (c) Rules for interpreting SFAMs. The boundaries of the flood hazard areas shown on the FWS
11 SFAMs may be determined by scaling distances. Required interpretations of those maps for
12 precise locations of such boundaries shall be made by the county_planning director or his/her
13 designee, in consultation with the building official. 0
14 (d) Administration of development approval in species focus areas.
15 (1) SFAM review required. For parcels or lots shown within the SFAMs in which an 0
16 application for development permit has been made, if the SFAM indicates the parcel or lot
17 contains only unsuitable habitat for any of the following species: Key Largo Cotton Mouse,
18 Key Largo woodrat, Key tree-cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key
19 deer, Schaus swallowtail butterfly, silver rice rate, and Stock Island tree snail, and the
a�
20 parcel or lot is not listed on the RE list, the planning director or his/her designee shall
21 provide for a notation in the development application permit files that indicates:
22 a. The name of the official that reviewed the development aplication for FWS
23 requirements; 2
24 b. The date of the review, and CN
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25 c. The date of the SFAM and RE list used to conduct the review.
26 Once the review has established that a parcel or lot contains unsuitable habitat, action may
27 be taken on the permit application for development by Monroe County staff. u
28 (2) FWS technical assistance permit requirements. For parcels or lots shown within the
29 SFAMs in which an application for a permit for development has been made including 1)
30 expanding the footprint of a structure, and/or 2) expanding clearing in habitat (including
31 native vegetation removal), and/or 3) placement of fencing into Key deer habitat, if the
32 SFAM indicates the parcel or lot contains suitable habitat for any of the following species: 0
33 Key Largo Cotton Mouse,Key Largo wood rat,Key tree-cactus, Lower Keys marsh rabbit,
34 Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver rice rat, and/or Stock
35 Island tree snail, and the parcel or lot is listed on the RE list,the planning director or his/her
36 designee shall use the SAGS to determine whether a floodplain development permit
37 application requires:
38 a. Incorporation of FWS SAG requirements as conditions into the Monroe County_permit
39 and the county may issue the permit,pursuant to all applicable codes, or
40 b. If, according to the SAGS,the proposed development needs technical assistance by the
41 service, the county shall issue the permit in accordance with Chapter 2012-205, Laws
42 of Florida, indicating a notice to proceed must be obtained prior to any construction,
43 removal of vegetation, or commencement of development, with a condition that:
44 1. The aplicant seek and obtain technical assistance from the service, and
45 2. The applicant obtain, prior to the issuance of the notice to proceed, all aPplicable
46 state or federal permits or aprovals pursuant to section 122-11(h), and
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1 3. In accordance with the Florida Building Code and Monroe County section 6-
2 103(b), the permit shall expire after 180 days, and
3 4. If the permit expires, the applicant shall be required to reapply for the permit.
4 c. For a floodplain development permit aplication that requires the services' technical
5 assistance, Monroe County shall provide the application to the service weekly. Based
6 on the services technical assistance, the aplicant shall submit the FWS written
7 requirements to the county. If the applicant agrees to the FWS requirements, in writing,
8 Monroe County may then issue a notice to proceed that includes the technical assistance
9 requirements, provided by the federal a impacts to avoid possible impacts on federally
avoid possible impacts on federally
10 listed(threatened or endangered) species, as conditions in the Monroe County_permit.
11 d. For a development permit application that requires mitigation and/or compensation for
12 adverse effects to native habitat, monetary compensation generated will be aplied to
13 restoration and/or purchase of native habitat. 0
14 e. The county shall maintain an aplicant acceptance form, of the service requirements,
15 in the permit file. 0
16 f. For purposes of this section the notice to proceed shall be written authorization from
17 the Monroe County Growth Management Division to the permittee that the permitted w
18 development activities may begin.
19 g. If the parcel is within an area previously covered by a habitat conservation plan, and
20 where that habitat conservation plan has expired at the time of development permit
21 application, the county shall apply the permit referral process in this section, unless
22 mitigation was completed for the associated impacts. a
23 h. If the property owner does not agree to the FWS technical assistance requirements to 0
24 be included in the development permit as conditions, the county shall not issue the CN
25 notice to proceed and shall rescind the previously issued development permit. T-
26 i. For properties located in Key Largo wood rat, Key Largo cotton mouse, silver rice rat
27 and Lower Keys marsh rabbit habitat,property owners shall agree to execute and record u
28 a covenant restriction in favor of Monroe County which prohibits free ranging cats.
29 This requirement alleviates direct and cumulative loss of species habitat which will not
30 negatively impact the total number of new residential permits that may be issued under
31 Species Assessment Guides (SAGS)
32 (3) Provision for flood hazard reduction and avoidinZ impacts on federally listed(threatened
33 or endangered) species enforcement. All proposed development shall meet the conditions
34 established on the floodplain development permit and/or notice to proceed,which includes
35 FWS technical assistance requirements included as conditions on the Monroe County
36 development permits, to avoid possible impacts on federally-listed species (threatened or
37 endangered)._ Violation of this section, including any development constructed not in
38 accordance with the FWS requirements, included as conditions on the Monroe County
39 development permit, derived through use of the SAGS or through technical assistance by
40 FWS, are hereby deemed to be violations of the County Code and may be enforced utilizing
41 the administrative enforcement procedures set forth in chapter 8, Monroe County Code of
42 Ordinances. Further, section 118-11 shall be utilized to require environmental restoration
43 standards.
44 (4) Permit issuance for previously tolled Rate ofGrowth Ordinance(ROGO)allocations,Non-
45 Residential Rate of Growth Ordinance (NROGO) allocations or building
46 permits/floodplain development
permits. Buildings permits and allocations have been tolled
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I under authority of Monroe County Resolutions 420-2005, 166-2006, 185-2007 and 219-
2 2008 and 282-2011 as a result of the injunction prohibiting FEMA from issuing flood
3 insurance policies under the National Flood Insurance Program which was imposed in the
4 case of Florida Key Deer et. al., v. Fugate et. al., 90-10037-CIV-Moore.
5 a. In order for those persons whose allocations or whose building permits were tolled to be
6 eligible for federal flood insurance and meet their obligations under the Federal
7 Endangered_ Species Act, the following_ is required:
8 1. Owners with allocations who do not need coordination with FWS after they are
9 processed through the permit referral process:
10 i. Have 180 days from the date of a county issued written notice to pick up their
11 building permits,
12 ii. Have 300 days from the date of a county issued written notice, if there is a
13 need to redesign an onsite wastewater treatment system, to receive a permit 0
14 from the department of health(DOH) and pick up their building permits.
15 2. Owners with building permits who do not need coordination with FWS after they 0
16 are processed through the permit referral process:
17 i. Have 180 days from the date of a county issued written notice,to recommence W
18 development and receive a passed inspection, or
19 ii. Have 300 days from the date of a county issued written notice, if there is a
a�
20 need to redesign an onsite wastewater treatment system to receive a permit
21 from the DOH, recommence development and receive a passed inspection.
22 (5) Permit issuance for Annual allocation awards from the Rate of Growth Ordinance
23 - (ROGO), Non-Residential Rate of Growth Ordinance (NROGO) allocations. Permit 0
24 plications processed through the permit referral process that result in a "may affect CN
ap
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25 determination" for the proposed development through the application of the species
26 assessment guides which require the permittee to coordinate with FWS shall have a total
27 of 360 days from the date of a county issued written notice to conclude the required u
28 coordination with FWS and pick up the building permit, and receive a notice to proceed
29 from Monroe County. This timeframe may be extended by the planning director if the
30 applicant can affirmatively demonstrate that he or she has timely and actively sought
31 coordination.
32 (6) Properties for which a permit has been issued and for which development has not
33 commenced will be required to be processed through _the permit referral process. Permitthe permit referral process. Permit
34 reviews that result in a "may affect determination" for the proposed development through
35 the application of the species assessment guides which require the permittee to coordinate
36 with FWS shall have a total of 360 days from the date of a county issued written notice to
37 conclude the required coordination with FWS, commence development and receive a
38 passed inspection from Monroe County. This timeframe may be extended by the planning
39 director if the applicant can affirmatively demonstrate that he has timely and actively
40 sought coordination.
41
42 Sec. 122-13.— Site plans and construction documents.
43 (a)Information for development in flood hazard areas. The site plan or construction documents
44 for any development subject to the requirements of this chapter shall be drawn to scale and
45 shall accurately include, as applicable to the proposed development:
46 (1) Identification and delineation of all flood hazard areas, flood zone(s), base flood
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I elevation(s), and ground elevations necessary for the County's review of the proposed
2 development.
3 (2) Where base flood elevations are not included on the FIRM or in the Flood Insurance Study,
4 they shall be established in accordance with section 122-13(b) of this chapter.
5 (3) Where the parcel on which the proposed development will take place will have more than
6 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM
7 or in the Flood Insurance Study, such elevations shall be established in accordance with
8 section 122-13(b)(1) of this chapter.
9 (4) Location of the proposed activity and proposed structures, and locations of existing
10 buildings and structures, locations of new buildings which shall be located landward of the
11 reach of mean hi_h tide.
12 (5) Location, and delineation and description of the extent, amount, and proposed final grades
13 of any filling grading, or excavation. 0
14 (6) Where the placement of fill is proposed, description of the amount, type, and source of fill
15 material, compaction specifications, a description of the intended purpose of the fill areas; 0
16 and competent substantial evidence that the proposed fill areas are the minimum necessary
17 to achieve the intended purpose. a
18 (7) Delineation and description of the extent of any proposed alteration of sand dunes, dune I
19 ridges, or mangrove stands,provided such alteration is approved by the Florida Department
20 of Environmental Protection.
21 The Floodplain Administrator is authorized to waive the submission of site plans, construction
22 documents, and other data that are required by this chapter but that are not required to be
23 prepared by a registered and/or licensed design professional if it is found that the nature of the 0
24 proposed development is such that the review of such submissions is not necessary to render a CN
25 determination of compliance with this chapter. CN
26 (b) Information in flood hazard areas without base flood elevations (approximate Zone A).
27 Where flood hazard areas are delineated on the FIRM and base flood elevation data have not
28 been provided, the Floodplain Administrator shall:
29 (1) Require the applicant to include accurate base flood elevation data prepared in accordance
30 with currently accepted engineering practices.
31 (2) Where the base flood elevation data are to be used to support a Letter of Map Chan_eg from
32 FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed 0
33 engineer in a format required by FEMA, and that it shall be the responsibility of the
34 applicant to satisfy the submittal requirements and pay the processing fees.
35 (c) Additional analyses and certifications. For activities that propose to alter sand dunes, dune
36 ridges, or mangrove stands in coastal high hazard areas (Zone V) and Coastal A Zone, an
37 engineering _analysis signed and sealed by a qualified Florida licensed engineer signed and sealed by a qualified Florida licensed engineer that
38 demonstrates that the proposed alteration will not increase the potential for flood damage shall
39 be submitted with the site plan and construction documents.
40 (d) Submission of additional data. When additional hydrologic, hydraulic or other engineering
41 data, studies, and additional analyses are submitted to support an application,the applicant has
42 the right to seek a Letter of Map Change from FEMA to change the base flood elevations or
43 change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA
44 for such purposes. The analyses shall be prepared by a qualified Florida licensed engineer in
45 a format required by FEMA. Submittal requirements and processing fees shall be the
46 responsibility of the applicant.
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1
2 Sec. 122-14.—Inspections.
3 (a) Inspections required. Development for which a foodplain development order or permit is
4 required shall be subject to county inspection.
5 (b) Development other than buildings and structures. The Floodplain Administrator shall
6 inspect all development to determine or confirm compliance with the requirements of this
7 chapter and the conditions of issued foodplain development orders or permits.
8 (c)Buildings,structures and facilities exempt from the Florida Buildin,-Code. The Floodplain
9 Administrator shall inspect buildings, structures and facilities exempt from the Florida
10 Building Code to determine or confirm compliance with the requirements of this chapter and
11 the conditions of issued foodplain development orders or permits.
12 (d) Buildings, structures and facilities exempt from the Florida Buildin,- Code, lowest floor
13 inspection. Upon placement of the lowest floor, including basement, and prior to further 0
14 vertical construction, the owner of a building, structure or facility exempt from the Florida
15 Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 0
16 (1) If a design flood elevation was used to determine the required elevation of the lowest floor,
17 the FEMA Elevation Certificate prepared and sealed by a Florida licensed professional w
18 surveyor, or
U)
19 (2) If the elevation used to determine the required elevation of the lowest floor was determined
20 in accordance with section 122-13(b) of this chapter,the accurate documentation of height
21 of the lowest floor above highest adjacent grade, prepared by the owner or the owner's
22 authorized agent. 'a
23 (e) Buildings, structures and facilities exempt from the Florida Buildin,- Code, final 0
24 inspection. As part of the final inspection, the owner or the owner's authorized agent shall CN
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25 submit to the Floodplain Administrator a final FEMA Elevation Certificate of the lowest floor
26 or final documentation of the height of the lowest floor above the highest adjacent grade, such
27 certifications and documentations shall be prepared as specified in section 122-14(d) of this u
28 chapter.
29 (f) Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that
30 are installed or replaced in flood hazard areas to determine or confirm compliance with the
31 requirements of this chapter and the conditions of the issued permit. Upon placement of a
32 manufactured home, certification of the elevation of the lowest floor shall be submitted to the 0
33 Floodplain Administrator.
34
35 Sec. 122-15. — Required Inspections of Enclosed Areas Below Elevated Residential
36 Structures.
37 (a) Applicability. Prior to the transfer of ownership of any property occupied by an elevated
38 residential structure with a below base flood enclosed area for which construction of the
39 enclosed commenced on or after June 15, 1973, a county approved inspection of the below
40 base flood enclosure shall be conducted. No earlier than 180 days prior to the transfer of the
41 property, the seller or the prospective purchaser, with the seller's permission, shall have the
42 required inspection conducted. The intent of this inspection, which is strictly limited to
43 inspection of below base flood enclosures, is to identify for county records and purchasers any
44 nonconformities or illegal structures or uses.
45 (b) Inspections. Upon inspection request, the inspection required under this section shall be
46 conducted by an inspector from the Building Department. Fees for inspections conducted by
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I the Building Department shall be in accordance with the schedule established by resolution of
2 the BOCC for inspections conducted under the county's flood insurance inspection and
3 compliance program.
4 (c) Inspection procedures and forms. All inspections required under this section shall be
5 conducted in accordance with procedures and recorded on county forms approved by the
6 Floodplain Administrator.
7 (d) Inspection submittal requirements. The original inspection report, signed by the county
8 inspector, shall be maintained by the Building Department and a copy shall be submitted to the
9 seller, who has contacted the County, as provided above, and the purchaser, provided that the
10 purchaser has contacted the County as provided above no later than ten days prior to the closing
11 date for transfer of the subject property.
12 (e) Failure to comply with inspection submittal requirements. Should the inspection required
13 by this section not be completed, the seller and purchaser, if known, will be notified that the 0
14 structure is in violation of this section. The purchaser and his or her successors and assigns
15 may enforce the terms of this section in law or at equity. The purchaser may seek injunctive 0
16 relief against the seller in a court of competent jurisdiction to prevent a violation of or otherwise
17 in connection with a violation of this section. Attorney's fees and costs incurred in an action to w
18 enforce these regulations may be awarded to a substantially_prevailing party at the discretion
19 of the court. A purchaser may seek and the court may award treble damages as an aggrieved
20 party. The sole intent of this inspection is to provide information for recording and monitoring
21 improvements to below base flood enclosures subject to the county's floodplain regulations
22 and in accordance with Monroe County Board of County Commission Resolution 440-201l
23 which does not require that the property be brought into compliance prior to or subsequent to 0
24 transfer. The purpose of this inspection is not to identify other types of unpermitted U-
25 improvements that are unrelated to the floodplain regulations in this chapter.
26 (f) Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted
27 improvements under the Pilot Inspection Program (under previous 44 CFR 59.30, repealed on u
28 July 5, 2018 -FEMA terminated this program on June 28, 2013).
29 (g) If the results of the inspection identify illegal_ unpermitted improvements, the requirements of
30 the Florida BuildiLg Code applicable to enclosed areas below elevated buildings shall apply
31 when a buildingzpermit is sou _ght by an applicantby an pplicant.
32 0
33 Sec. 122-16.—Floodplain Certificate of Compliance Program.
34 (a) Generally. Any property owner is eligible to obtain a certificate of compliance if they have
35 obtained an inspection of an enclosure below base flood elevation by one of the following_
36 (1)FEMA Insurance Inspection Program, or
37 (2) Inspection at time of sale, or
38 (3)Voluntary inspection.
39 The below base flood enclosure must have been found in compliance with the Monroe
40 County floodplain regulations by Monroe County staff. Prior to obtaining the certificate,
41 the owner must record a nonconversion agreement in the Monroe County official land
42 records on a form to be provided by the county and approved by the Floodplain
43 Administrator. Properties that have received their inspections prior to implementation of
44 the certificate of compliance program may receive a certificate of compliance, however, a
45 re-inspection (with no fee) shall be necessary to ensure compliance has been maintained
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I and the owner must also record the nonconversion agreement, which must be recorded in
2 the Official Records of Monroe County.
3 (b) Outreach. Every two (2) years, the county will mail written notices to property owners, of
4 which the county is aware own a building or structure with below base flood elevation living
5 areas as follows:
6 (1)The county will obtain data from the Monroe County Property Appraiser Office which will
7 identify all single-family residences which contain enclosures that are identified as living
8 area on the ground floor. Once this data is captured, county technical staff will deduct all
9 the parcels that have already received inspections through the FEMA Insurance Inspection
10 Pilot Program, transfer of ownership program, or through the previously aplicable
11 inspection on building�permit program, and been made compliant.
12 (2) The remaining property owners will be notified by regular mail that in order to receive a
13 certificate of compliance, a county inspection is required of any below base flood elevation 0
14 structures, to verify compliance with the Monroe County floodplain regulations. Owners
15 will also be notified that noncompliant structures may be subject to code compliance 0
16 proceedings.
17 (3) If owners seek and obtain a certificate of compliance inspection, and the below base flood
18 enclosures are determined by the county to be compliant, the owners will receive a
19 certificate of compliance as outlined in this section. This is a proactive opportunity for
20 property owners to receive evidence that they have a compliant structure which should,
21 long term, create a positive real property market condition. If an owner has a noncompliant
22 structure, he or she will be notified of all the required corrective actions necessary for the
23 enclosure to become compliant and that county permits or approvals are required to 0
24 authorize lawful construction and/or development. CN
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25 (c) Inspections. Inspections may be requested for a certificate of compliance according to this
26 section or Section 122-15 for Required Inspections of Residential Structures prior to transfer
27 of ownership. u
28 (d)Compliant structures. The county will provide a certificate of compliance to property owners
29 with compliant below base flood enclosures after such property owners sign and record a
30 nonconversion agreement (with a corresponding drawing or site plan demonstrating the
31 permitted improvements allowed below base flood elevation attached to the agreement) in the
32 Official Records of Monroe County. The nonconversion agreement shall be recorded in the 0
33 Monroe in the Official Records of Monroe County so that future purchasers of properties
34 understand what has been aproved by the county for areas below base flood elevation.
35 Property owners shall pay applicable recording fees.
ees.
36 (e) Noncompliant structures. The County Building Official shall refer any noncompliant
37 structures to the Code Compliance Department for enforcement throughappropriate
a propriate
38 processes. Once compliance is achieved, if the below base flood enclosure has not been
39 completely removed, a Nonconversion Agreement executed by the owner shall be recorded
40 in the Official Records of Monroe County.
41 (f) New construction. Owners of New construction that contains any type of below base flood
42 enclosure, will be required to record a Nonconversion Agreement in the Official Records of
43 Monroe County indicating the he square footage permitted to be constructed below base flood
44 elevations, with an accurate corresponding drawing or site plan showing/demonstrating the
45 permitted improvements permitted, prior to receiving a certificate of occupancy.
46
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I Sec. 122-17. -Variances.
2 (a) Authority. The Division of Administrative Hearings (DOAH) shall hear and decide on
3 requests for variances from the application of the allegedlythis strict letter of this chapstrict letter of this chapter.Pursuant
4 to Section 553.73(5), F.S.,the DOAH shall hear and decide on requests for variances from the
5 application of the allegedly strict letter of the flood resistant construction requirements of the
6 Florida Building Code. DOAH shall also hear and decide on requests for variances for at-grade
7 wet floodproofed accessory structures in A/AE Zones that are larger than 600 sq. ft. but not
8 larger than 1,000 sq. ft. in size.
9 (b) Variance procedures.
10 (1) An aplication for a variance from the provisions of this chapter for development in an
11 area of special flood hazard shall be filed with the Building Department at the time of
12 application for a building permit or floodplain development permit/order which seeks
13 approval of development that is not authorized under the allegedly _strict letter of this letter of this 0
14 chapter or flood-resistant construction requirements of the Florida Building Code.
15 (2) Within ten (10) days of receipt of a complete and properly and timely filed application for 0
16 a variance from the allegedly strict letter of this chapter or of the flood-resistant
17 construction requirements of the Florida Building Code,the Floodplain Administrator and w
18 the Building Official shall review the aplication, and submit a Report and
19 Recommendation to the DOAH. The variance applicant may file a written objection to the
20 Report and Recommendation within 30 calendar days of the date of filing of the Report
21 and Recommendation.
22 (3) The DOAH shall review the aplication and the Reports and Recommendations of the a
23 Floodplain Administrator and the Building Official and may consider _granting the 0
24 plication for variance in accordance with this section. CN
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25 (4) In resolving a variance application under this section, county Building, Planning and and
26 Environmental Resources, and Code Compliance department administrative staff
27 interpretations of the Monroe County Codes, of the Florida Building Code, and of u
28 applicable federal laws, rules, and regulations, are leery entitled to deference and _great
29 weight,and such administrative interpretations should notbe modified or overturned unless
30 clearly erroneous. If such administrative staff interpretation is within the range of possible
31 and reasonable interpretations, it is not clearly erroneous and should be affirmed.
32 (c) Limitations on authority to grant variances. 0
33 (1) The DOAH shall base its decisions on variances on technical justifications submitted by
34 applicants, the considerations for issuance in section 122-17(e) of this chapter, the
35 conditions of issuance set forth in section 122-17(g) of this chapter, and the Reports and
36 Recommendations of the Floodplain Administrator and the Building Official. Variances
37 for accessory structures in A/AE Zones shall be subject to the conditions in section 112-
38 17 .
39 (2)When the DOAH considers the propriety of _granting a variance,the following factors shall
40 not be considered material or relevant to the hearing officer's decision:
41 a. The physical disabilities or handicaps and health of the applicant or members of his
42 family,
43 b. The domestic difficulties of the applicant or members of his or her family,
44 c. The financial difficulty of the aplicant in complying with the floodplain management
45 provisions of this chapter or the Florida Building Code,
46 d. The elevation of surrounding structures or buildings,
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I e. The alleged difficulty of marketing, advertising, or selling g the property, building, or
2 structure,
3 f. Any alleged difficulty related to a codified law, rule, regulation, or matter of record,
4 which the applicant or members of his or her family, which he, she, or they were on
5 actual or constructive notice of prior to acquiring _the property, and could therefore have
6 been avoided, or which may be characterized as a self-created hardship, or
7 g. Non-unique or non-peculiar characteristics of the applicant's property, building, or
8 structure.
9 (3) The DOAH has the right to attach such conditions as it deems necessary to further the
10 purposes, intent, goals, and objectives of this chapter.
11 (d) Functionally dependent uses. A variance is authorized to be issued for the construction or
12 substantial improvement necessary for the conduct of a functionally dependent use, as defined
13 in this chapter, provided the variance is the minimum necessary considering the flood hazard 0
14 and all due consideration has been given to use of methods and materials that minimize flood
15 damage during occurrence of the base flood. 0
16 (e) Considerations for issuance of variances. In reviewing requests for variances, the DOAH
17 shall consider all technical evaluations, all relevant factors, all other applicable provisions of
18 the Florida BuildiLg Code, this chapter, and the following_
19 (1) The danger that materials and/or debris may be swept onto other lands resulting in
20 additional or further injury, harm or damage,
21 (2) The danger to life and/or property due to flooding or erosion damage,
22 (3) The susceptibility of the proposed development, including foreseeable contents thereof, to
23 flood injuries, harm, or damage and their effects on current and future owners or 0
24 occupants; CN
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25 (4) The importance of the services provided by the proposed development to the community;
26 (5) The availability of alternate locations for the proposed development that are either not
27 subject to flooding or erosion damage, for the proposed use, and the availability of u
28 alternate locations for the proposed development which are subject to lower risk of
29 flooding or erosion,
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30 (6) The compatibility of the proposed development with existing and anticipated development,
31 public services, and infrastructure,
32 (7) The relationship of the proposed development to the comprehensive plan and floodplain
33 management program for the area,
34 (8) The safety of access to the property in times of flooding for ordinary and emergency and
35 first-responder vehicles,
36 (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
37 the floodwaters and the effects of wave action, if applicable, expected at the site,
38 (10)The costs of providing governmental services during and after flood conditions, including
39 but limited to, debris removal and maintenance and repair of public utilities and facilities
40 such as (including but limited to) sewer, gas, electrical and water systems, streets and
41 bridges
42 (11)Whether granting the variance will result in increased public expenses, create a threat to
43 public health and safety, create a public nuisance, or cause fraud or victimization of the
44 public, and
45 (12)Whether _granting the variance will grant the applicant a special privilege denied to another
46 property owner.
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I (f) Conditions for issuance of a variance for accessory structures in A/AE Zones. Variances
2 shall be issued only upon:
3 (1) Submission by the applicant, providing _a legally sufficient description of the exceptional
4 hardship that the applicant would incur if a variance were not granted,
5 (2) Determination by the DOAH that the structure meets the definition of accessory structure,
6 for floodplain management purposes, and is used only for parking or storage and:
7 a. The request is for the construction or substantial improvement of an at-grade wet
8 floodproofed accessory structures that is larger than 600 sq. ft. but not larger than
9 1,000 sq. ft. in size.
10 b. Represents minimal investment and has low damage potential.
11 c. Are one story and have flood openings in accordance with Section R322.2 of the
12 Florida Building Code, Residential.
13 d. Are anchored to resist flotation, collapse or lateral movement resulting from flood 0
14 loads. 6
15 e. Have flood damage-resistant materials used below the base flood elevation plus one 0
16 1 foot.
17 f. Have mechanical, plumbing and electrical systems, including�plumbing fixtures, w
18 elevated to or above the base flood elevation plus one (1) foot.
19 (2) Conditions for issuance of other variances. Variances shall be issued only upon:
a�
20 (1) Submission by the applicant, of a showing of legally sufficient good cause that the unique
21 characteristics of the size, configuration, or topography of the site limit compliance with
22 any provision of this chapter or the required elevation standards, 'a
23 (2) Determination by the DOAH that: 0
24 a. Failure to grant the requested variance would result in exceptional non-self-imposed CN
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25 hardship due to the physical characteristics of the land that render the lot
26 undevelopable, increased costs to satisfy the requirements or inconvenience do not
27 constitute hardship, U
28 b. The _granting of a variance will not result in increased flood heights, additional threats
29 to public safety, extraordinary public expense, nor create nuisances, cause fraud on
30 or victimization of the public or conflict with existing local laws and ordinances,
31 c. The variance is the minimum necessary,considering the flood hazard,to afford relief;
32 d. The granting of the requested variance will not result in worsening the expected 0
33 heights, velocity, duration, rate of rise, and debris and sediment transport of the
34 floodwaters and the effects of wave action, if applicable, expected at the site,
35 e. The granting anting of the requested variance will not result in increased risk of dangers _
36 enumerated under Section 122-17(e)(1)-(3),
37 f. The granting anting of the requested variance will not result in increased risk of injuries,
38 harm, or damage enumerated under Section 122-17(e)(8)-(11),
39 g. The granting anting of the requested variance will not result in increased public expenses,
40 create a threat to public health and safety, create a public nuisance, or cause fraud or
41 victimization of the public,
42 h. The granting of the requested variance will not adversely affect the public service,
43 infrastructure, and public policy considerations enumerated under Section 122-
44 17e 6 .
45 (3) Receipt of a sworn or attested and notarized statement by the applicant that the variance, if
46 granted, shall be recorded in the Office of the Monroe County Clerk of the Court in such a
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I manner that it wears in the chain of title of the affected Parcel of land, and
2 (4) If the request is for a variance to allow construction of the lowest floor of a new building,
3 or substantial improvement of a building,below the required elevation, a copy in the record
4 of a written notice from the Floodplain Administrator to the aplicant for the variance,
5 specifying the difference between the base flood elevation and the proposed elevation of
6 the lowest floor, stating that the cost of federal flood insurance will be commensurate with
7 the increased risk resulting from the reduced floor elevation (up to amounts as high as $25
8 for $100 of insurance coverage), and stating that construction below the base flood
9 elevation increases risks to life and property.
10 (g)Appeal. An meal of a variance determination may be submitted pursuant to Section 122-19.
11 The failure to timely and properly file an meal under this section shall constitute an
12 irrevocable jurisdictional waiver of any rights to seek such a variance, for failure to exhaust
13 available administrative remedies. 0
14
15 Sec. 122-19.—Appeals. 0
16 (a) Authority. The Division of Administrative Hearings (DOAH) shall have the authority to hear
17 and decide meals from final administrative actions regarding the floodplain management
18 provisions of this Land Development Code and the Florida BuildiLg Code. The BOCC retains
19 the authority to, in its exclusive discretion, appoint a hearing officer who does not work for
20 DOAH.
21 (b) Standard of Review. An meal under this section shall be considered an meal to an
22 administrative tribunal and shall not be a hearing de novo but shall be limited to apellate
23 review of the record created before the Building Official in his or her capacity as the Monroe -
24 County Floodplain Administrator and as more fully set forth at subsection(e)(2)of this section. CN
25 The appellant shall be required to demonstrate that the Building Official's final administrative
26 decision is clearly erroneous, based upon clearly convincing record evidence (i.e., clear and
27 convincing standard of review). In resolving _an meal under this section, Monroe County
28 Building, Planning and Environmental Resources, and Code Compliance Department staff
29 interpretations of the Monroe County Comprehensive Plan, Monroe County ordinances,
30 resolutions, and of the Monroe County Code(s), are legally entitled to deference, and shall not
31 be overturned as long as said interpretation or application is in the ran _ge of permissible
permissible
32 interpretations or aplications. 0
33 (c) Initiation. A notice of meal (appeal) may be initiated by a real property owner who has
34 received a final, written administrative decision from the Monroe County Building Official in E
35 his or her capacity as the Monroe County Floodplain Administrator regarding the floodplain
36 management provisions of this Land Development Code, or by a non-governmental natural or
37 legalperson who as a result of a final administrative decision of the Monroe County Building
38 Official in his or her capacity as the Monroe County Floodplain Administrator regarding the
39 floodplain management provisions of this Land Development Code has suffered or will
40 resultantly suffer a special injury differing in kind from that suffered by the community at
41 large. For justiciability or standing�purposes, the only interests covered by special injuries
42 under this section are interests expressly protectedby the Monroe County Comprehensive Plan
43 or health and safety interests. It shall be leery insufficient for justiciability or standing
44 purposes for an apellant to allege a special injury that is only different in degree from the
45 community at large and that is not different in kind from the community at large. Further, for
46 justiciability or standing purposes, an alleged special injury must exceed in degree the general
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I interest in a community good. For example, take the following two non-exhaustive scenarios:
2 A party's claim that a decision regarding the floodplain management provisions of this Code
3 adversely affects his, her, or its interest in preserving prope!U value(s) shall not be justiciable,
4 and a party's claim that a decision regarding the floodplain management provisions of this
5 Code adversely affects his, her, or its interest in environmental or natural resource protection
6 shall not be justiciable.
7 (d) Procedures. A notice of meal in the form prescribed and approved by the Building Official
8 and Floodplain Administrator must be filed with both the County Administrator and with the
9 Building Department within 30 calendar days of the final administrative action. Failure to file
10 such meal with both the County Administrator and the Building Department within 30
11 calendar days of the final administrative action shall constitute a waiver of any rights under
12 this section to meal final administrative actions regarding the floodplain management
13 provisions of this Land Development Code. Such waiver shall also constitute a waiver of any
14 rights to meal a separate but related decision of the Building Official or Planning Director on
15 the basis of the Building Official's separate but related final administrative decision that was 0
16 never properly and timely appealed under this section.
17 (1) The notice of meal must be notarized and must include the names and addresses of the w
18 Upellant(s), development permit Uplicant(s) forming a party to the meal, the number
19 associated with each development permit formin _g a subject of the appeal, and the names
subject of the meal, and the names
20 of all owners of real property located adjacent or contiguous to the parcel of real property
21 to which the appealed final administrative decision principally relates.
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22 (2) Upon receipt of a notice of meal, the County shall deem it complete, and properly and
23 timely filed, or shall deem it improperly or untimely filed, or incomplete. The County shall
24 within 15 working days notify an Appellant if its notice of meal is untimely or improperly U-
25 filed or is incomplete. No further action shall be taken on the notice of meal application T-
26 unless the deficiencies are remedied. An untimely, improperly filed, or incomplete notice
27 of meal shall not constitute a valid, leery effective, or leery cognizable notice of u
28 appeal under this section, and in no event shall the 30-day jurisdictional period to file a
29 notice of meal under this section be tolled during any period in which a notice of meal
30 has been deemed improperly filed or incomplete. Any days following the issuance of the
31 final administrative decision and the filing of a notice of meal that the County later
32 notifies the applicant is incomplete or improperly filed, shall be subtracted from the 30-
33 day_period by which an appellant must file a complete notice of meal. For example, take
34 the following non-exhaustive scenario: The final administrative decision is issued on
35 Wednesday, January lst, 2020, the appellant files an incomplete notice of meal on
36 Wednesday, January 22nd, 2020, and the County notifies the appellant that the notice of
37 appeal is incomplete on Monday,January 27th,2020. Between January 1 sf and January 22na
38 the appellant has consumed 21 of its 30 calendar days to file a timely and complete notice
39 of meal, the days required by the County to notify the appellant of the notice of meal's
40 incompleteness shall not be counted against the 30-day period by which the appellant must
41 properly file a complete notice of meal. As of January 27th the date of the County's
42 notification to the appellant that the notice of meal is incomplete)the appellant shall have
43 nine days remaining(until February 5th, 2020)to properly file a complete notice of meal.
44 If the appellant does not properly file a complete notice of meal by February 5th, it would
45 constitute a waiver of any rights to meal under this section.
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1 (3) If the County determines the notice of appeal is complete, and properly and timely filed, it
2 shall notify the appellant(s), and, at the appellant's expense, notify the development permit
3 applicant's) and the owners of real property located adjacent and contiguous to the parcel
4 of real property to which the challenged administrative decision principally relates. Once
5 the County determines that a notice of meal has been properly and timely filed, and is
6 complete,the County shall refer the meal to DOAH with a request that an administrative
7 law judge "hearing officer") be assigned to conduct an meal hearing. The request shall
8 be accompanied by a copy of the petition and a copy of the notice of County action. The
9 notice of meal will be forwarded to the BOCC.
10 (e) Effect of filing an appeal.
11 (1) Stay. The filing of a notice of meal shall stay all permit activity and any proceedings in
12 furtherance of the administrative decision appealed unless the Building Official certifies in
13 writing to the assigned hearing officer, with a copy to the appellants) and development 0
14 applicant's)forming a party to the meal,that a stay poses an imminent peril to life, safety,
15 health or property, in which case the meal shall not stay further permit activity or 0
16 proceedings in furtherance of the administrative decision appealed. The hearing officer
17 may, upon proper and timely motion, review such certification. w
18 (2) The Record. The appellant's, and the appellant-as-applicant's, record shall close upon the
19 date of the final administrative decision from the Building Official in his or her capacity as
20 the Monroe County Floodplain Administrator. The County shall have 70 calendar days
21 from the date the appellant's notice of meal is deemed properly and timely filed,
22 completed, and complete, in which to serve all parties and file with DOAH all staff reports
23 and materials the final administrative decision relies upon. 2
24 (f) Briefs. Briefs shall be typed or printed pursuant to the same rules for appellate briefs set forth CN
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25 in the Florida Rules of Appellate Procedure. The Appellant(s)Initial Brief shall be served upon
26 the attorney of record for Monroe County and filed with DOAH within 30 calendar days of
27 notification of acceptance of such notarized notice of meal. The Answer Brief shall be served u
28 upon Appellant(s) and filed with DOAH within 30 calendar days of the filing and service of
29 the Initial Brief. A Reply Brief must be served upon the attorney of record for Monroe County
30 and filed with DOAH within 15 days of the filing and service of the Answer Brief.
31 (1)All filed briefs shall contain the followin&
32 a. The style of the meal; 0
33 b. The case number, if any,
34 c. The name of the party on whose behalf the brief is filed,
35 d. The name, address, e-mail address, and telephone number of the person filing _the
36 brief;
37 e. The electronic or non-electronic signature of the person filing the brief, and
38 f. A certificate of service that copies have been furnished to all other parties to the
39 appeal.
40 (2)All initial briefs shall contain the following
41 a. A statement of all disputed issues of material fact. If there are none, the initial brief
42 must so indicate,
43 b. A concise statement of the ultimate facts alleged, including the specific facts the
44 appellant contends warrant reversal of the Building Official's final administrative
45 action, and
46 c. An exhaustive statement of all specific local Code sections, ordinances, state statutes,
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I or administrative rules the appellant contends require reversal of the Building
2 Official's final administrative action, including an explanation of how the alleged
3 facts relate to said Code sections, ordinances, state statutes, or administrative rules.
4 (g)Judicial Notice. A hearing officer shall take judicial notice of any matter set forth below when
5 a pa!U properly motions for it and gives each adverse party timely written notice of the request,
6 proof of which is filed with the hearing officer, to enable the adverse party to prepare to meet
7 the request and furnishes the court with sufficient information to enable it to take judicial notice
8 of the matter.
9 (1) Specifically identified(by pinpoint citation)duly enacted ordinances and resolutions of the
10 Monroe County Board of County Commissioners.
11 (2) Specifically identified (by pinpoint citation) provisions of the Monroe County Code of
12 Ordinances and Monroe County Land Development Code.
13 (3) Specifically identified (by pinpoint citation) objectives, policies, and provisions of the 0
14 Monroe County Comprehensive Plan.
15 (4) Specifically identified (by pinpoint citation) rovisions in the Florida Building Code. 0
16 (5) Specifically identified (by pinpoint citation) public statutory law and resolutions of the
17 Florida Legislature and the Congress of the United States. a
18 (6) Specifically identified legislative staff reports and legislative materials prepared in I
19 connection with slip laws corresponding _to public statutory law of the Florida Legislature
public statutory law of the Florida Legislature
20 and the Congress of the United States.
21 (7) Specifically identified (by pinpoint citation) rules or regulations in the Code of Federal
22 Regulations.
23 (8) Specifically identified (by pinpoint citation) rules or regulations in the Florida 0
24 Administrative Code. CN
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25 Pursuant to the same requirements set forth in this subsection, a hearing officer may take T-
26 judicial notice of the following matters: Facts that are not subject to dispute because they are u
27 capable of accurate and ready determination by resort to sources whose accuracy cannot be
28 questioned.
29 (h)Computing Time.In computing the jurisdictional period of time an appellant must file a notice
30 of meal under subsection(c)of this section,the day the final administrative decision is issued
31 shall be included. In computing any other period of time under this section, the day of the act
32 from which the period of time begins to run shall not be included. The last day of the period 0
33 shall be included unless it is a Saturday, Sunday, or legal holiday as that term is defined at
34 Florida Rule of Judicial Administration 2.514(a)(6), in which event the period continues to run
35 until the next day that is not a Saturday, Sunday, or legal holiday as that term is defined at
36 Florida Rule of Judicial Administration 2.514(a)(6).
37 (i) Service and Hearing. The hearing officer shall set the time and place for the meal hearing
38 and shall serve written notice on all parties at their electronic address of record. If an
39 unrepresented party has no electronic address of record, such written notice shall be sent to the
40 pagy's street address of record. The hearing officer before whom an appeal is pending may
41 issue any orders necessary to prevent delay, and to promote the just, speedy, and inexpensive
42 determination of all aspects of the meal.
43 (i) Post-Hearing Submittals. Upon request of the hearing officer, parties may submit written
44 proposed final orders within a time designated by the hearing officer
45 (k) Discovery. No discovery shall be taken in an meal under this section. No subpoenas may be
46 issued for documents or witnesses under this section. No testimony shall be taken in an meal
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I under this section. An argument, issue, or ground for relief not raised in an initial brief is
2 deemed abandoned and waived and may not be raised for the first time in a reply brief.
3
4 Sec. 122-20.—Violations.
5 (a)Violations. Any development that is not within the scope of the Florida Building Code but that
6 is regulated by this chapter which is performed without an issued ColIM permit, that is non-
7 compliant or in conflict with an issued permit, or that does not strictly and fully comply with
8 this chapter, constitutes a violation of this chapter. A building or structure without competent
9 documentation of the elevation of the lowest floor (FEMA Elevation Certificate), other
10 required design certifications, or other competent substantial evidence of compliance required
11 by this chapter or the Florida Building Code constitutes a violation thereof until such time as
12 that documentation is provided. It being that violation of this chapter providing for foodplain
13 regulations presents a serious threat to the public health, safety, and welfare, a violation of this 0
14 chapter is and shall be held to be irreparable or irreversible in nature.
15 (b)Authority. For development that is not within the scope of the Florida Building Code but that 0
16 is regulated by this chapter and which is determined to be a violation of this chapter, the
17 Floodplain Administrator or his or her designee(s) _is authorized to serve notices of violations authorized to serve notices of violation, w
18 notices of hearing, cease and desist orders, or stop work orders to persons including but not
19 limited to the owners of the property involved, to the property owner's agent, to tenants,
20 residents, or guests at the property involved, or to the person or persons performing or
21 facilitating _the performance of the work. The Floodplain Administrator or his or her
22 designee(s) is also authorized to serve citations for violations of this chapter, which shall be
23 disposed of in county court. Service under this subsection may be accomplished by hand-
24 delivery or attempted mailing (regular, certified, or registered), or by a method authorized CN
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25 under Section 8-34 of the Monroe County Code of Ordinances or Section 162.12, Florida
26 Statutes.
27 (c) Continuing Violations. Any person who continues any work on or use of a property,building_, u
28 or structure, after having been served with a stop work order or cease and desist order ordering
29 that such work or use must stop or cease and desist, except such work as that person is directed
30 to lawfully perform to remove or remedy a violation or unsafe condition, shall be subject to
31 any and all penalties prescribed by law. If any person or entity is found by an administrative
32 hearing officer, the contractors examining board, or a court of competent jurisdiction, to have 0
33 violated this chapter by continuing _to perform such work subsequent to the issuance of a stomto perform such work subsequent to the issuance of a stow
34 work order (red tag), the contractors examining board may take such action as it deems
35 necessary and proper to cease such activity, including but not limited to suspension of the
36 permit pulling=privileges of any contractor performing such work. Any person who continues
37 any work on or use of a property, building, or structure after having been served with a notice
38 of hearing or notice of violation which includes a notice that it must be complied with by a
39 specified date and that a fine or other penalties may be imposed, except such work as that
40 person is directed to perform to remove or remedy a violation or unsafe condition, shall be
41 subject to penalties as prescribed by law. A final administrative order finding that a person
42 has violated a cease and desist order previously issued by an administrative tribunal shall
43 constitute prima facie evidence that the County has satisfactorily demonstrated a likelihood of
44 irreparable harm, the unavailability of an adequate remedy at law, a substantial likelihood of
45 success on the merits of the claim at issue in connection with the violation(s) for which the
46 cease and desist order was issued by said tribunal, and consideration(s) of the public interest.
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I A final administrative order finding that a Person has violated a cease and desist order
2 Previously issued by an administrative tribunal shall constitute Prima facie evidence of indirect
3 contempt cognizable and enforceable by a court of competent jurisdiction, including but not
4 limited to by sanctions and contempt order.
5 (d)Joint and Several Liability.All owners,part owners,joint owners,tenants in common,tenants
6 in partnership, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and
7 holders of legal or beneficial title to or interest in aparcel of real property,building, or structure
8 held in violation of this chapter, shall be jointly and severally liable with respect to any legal
9 or equitable relief or judgment obtained by the county.
10 (e) Injunctive Relief. The county attorney is authorized to seek affirmative or negative injunctive
11 relief authorizing or commanding _compliance with this chapter through, including compliance with this chapter through, including but not
12 limited to, cessation of a use, or removal of a building or structure or a part or portion thereof,
13 by motion for emergency, _preliminary, or permanent injunction, including by ex parte motion,preliminary, or permanent injunction, including by ex parte motion, 0
14 or other forms of equitable relief, from a court of competent jurisdiction, upon presentation of
15 prima facie evidence of a violation of this chapter to such court. 0
16 (f) Criminal Remedy. Prosecution of violations of this chapter may be prosecuted in the name of
17 the State of Florida by the prosecuting attorney thereof as more fully set forth in Section w
18 125.69(1),Florida Statutes.Any personfound guilty of violating this chapter may be sentenced
19 to M to sixty (60)days in jail or fined in an amount of M to $500.00 or be subject to both such
20 imprisonment and fines.
21
22 Sec. 122-21.—Flood Hazard Warning. All agreements for deed,purchase agreements, leases, or
23 other contracts for sale or exchange or transfer of parcels/lots within special flood hazard areas in 0
24 the unincorporated areas of the county shall carry the following flood hazard warnings prominently CN
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25 displayed on such instrument, in at least 12-point boldfaced and regular-faced font and all-caps
26 and lowercase type as follows:
27 u
28 "FLOOD HAZARD WARNING
29 This property may be subject to flooding. You should contact the county growth
30 management division and obtain the latest information regarding_ flood elevations
31 and restrictions on development before acquiring and making use of this property."
32 0
33 Sec. 122-22— 122-24.—Reserved.
34
35 ARTICLE III.—FLOOD RESISTANT DEVELOPMENT
36
37 Sec. 122-25.—Buildings and Structures.
38 (a) Design and construction of buildings, structures and facilities exempt from the Florida
39 Building Code. Pursuant to section 122-11(c) of this chapter,buildings, structures, and facilities
40 that are exempt from the Florida Building Code, including substantial improvement or repair of
41 substantial damage of such buildings,structures and facilities,shall be designed and constructed in
42 accordance with the flood load and flood resistant construction requirements of ASCE 24.
43 Structures exempt from the Florida Building Code that are not walled and roofed buildings_ shall
44 comply with the requirements of section 122-31 of this chapter.
45 (b) Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated
46 buildings shall comply with all the aplicable requirements of the Florida Building Code and
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I the following:
2 (1) Enclosed areas below new and substantially improved one- and two-family dwellings, and
3 below lateral additions to one- and two-family dwellings:
4 a. In Zone A/AE flood hazard areas, not more than 299 square feet may be permitted
5 to be enclosed by walls of opaque materials, except for perimeter foundations
6 (crawl/underfloor spaces that have a wall height less than 5 feet). Additional area
7 may be enclosed with screening _or open lattice. The size limitation shall not apply
open lattice. The size limitation shall not y
8 to areas enclosed for parking of aircraft below residential buildings abutting airport
9 districts.
10 b. In coastal high hazard areas (Zone V) and Coastal A Zones, not more than 299
11 square feet may be permitted to be enclosed by walls of screening or open lattice.
12 (2) Nonconforming enclosed areas of 299 square feet or more below one- and two-family
13 dwellings lawfully established and lawfully existing as of April 12, 2004, shall not be 0
14 modified, improved, or expanded unless the enclosed areas are brought into compliance
15 with the Florida Building Code, Residential Section R322 and this section. 0
16 (3) Enclosed areas below other new and substantially improved buildings and structures shall
17 comply with the requirements of Florida Building Code, Building and ASCE 24. w
18 (4) Applications that include enclosed areas below elevated buildings shall include a
19 Nonconversion Agreement as specified in section 122-11(i) of this chapter.
20 (c) Minimum Foundation Requirements for buildings and structures within the scope of the
21 Florida Building Code. Pursuant to the Florida Building Code, and Sections 6-147 and 6-148 of �
22 the Monroe CounCL
ty Code of Ordinances,the design of the foundation system for buildings within 'a
23 the scope of the Florida Building Code shall be provided by a Geotechnical Engineer registered in 0
24 the State of Florida in a site-specific geotechnical report submitted per requirements of Section CN
CN
25 1803.6 of the Florida Building Code. The foundation design shall be the more stringent of
26 recommendations of the report and meet the following minimum requirements:
27 (1) All structures or building foundations shall be anchored/socketed into natural rock. This u
28 includes,but is not limited to, auger cast concrete piles,precast concrete piles or wooden piles.
29 (2) All concrete piling shall have full depth reinforcing to effectively resist the internal forces
30 induced by the design loads,without failure.
31 (3) All piling shall be anchored to the natural rock with a 14-inch minimum diameter augured
32 socket and a minimum embedment of 3 feet.
33 (4) The pile foundation suport system shall be designed to resist the required lateral loading _for
34 an unsupported height defined by a full scour condition. The construction documents shall
35 include a statement that the design has been completed and certified for a full scour condition
36 for lateral stability to the elevation of the suporting rock and in accordance with ASCE 24.
37 (5)Pile embedment shall include consideration of decreased resistance capacity caused by scour
38 of soil strata surrounding the piling and have adequate rock penetration to resist the combined
39 wave and wind loads (lateral and uplift).
40 (d)At-trade residential detached accessory structures. At-grade detached accessory structures
41 are permitted provided the accessory structures are used only for parking or storage and:
42 (1) If located in special flood hazard areas (Zone A/AE), other than coastal high hazard areas,
43 are one-story and not larger than 600 sq. ft. and have flood openings in accordance with
44 Section R322.2 of the Florida Building Code, Residential.
45 a. A variance, in accordance with Section 122-17, may be authorized for the
46 construction or substantial improvement of at-grade detached accessory structures
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I larger than the size limits specified in subsection (1) but not larger than 1,000 sq.
2 ft. in size.
3 (2) If located in coastal high hazard areas (Zone VNE and Coastal A Zones), are not located
4 below elevated buildings and are not larger than 100 sq. ft.
5 (3)Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
6 (4) Have flood damage-resistant materials used below the base flood elevation plus one (1)
7 foot.
8 (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
9 to or above the base flood elevation plus one (1) foot.
10 (6) Applications for detached accessory structures shall include a Nonconversion Agreement
11 as specified in section 122-11(i) of this chapter.
12 (e) Nonresidential detached accessory structures. In all flood hazard areas, nonresidential
13 detached accessory structures shall comply with the requirements of Florida Building Code, 0
14 Building and ASCE 24, including, but not limited to, elevation or dry floodproofing
15 requirements. Applications for detached accessory structures shall include a Nonconversion 0
16 Agreement as specified in section 122-11(i) of this chapter.
17 w
18 Sec. 122-26.— Subdivisions.
19 (a)Minimum requirements. Subdivision proposals, including proposals for manufactured home
20 parks and subdivisions, shall be reviewed to determine that:
21 (1) Such proposals are consistent with the need to minimize flood damage and will be
22 reasonably safe from flooding,
23 (2) All public utilities and facilities such as (including but not limited to) sewer, gas, electric, 0
24 communications, and water systems are located and constructed to minimize or eliminate CN
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25 flood damage; and
26 (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO,
27 adequate drainage paths shall be provided to guide floodwaters around and away from u
28 proposed structures.
29 (b) Subdivision plats.Where any portion of proposed subdivisions, including manufactured home
30 parks and subdivisions, lies within a flood hazard area, the following shall be required:
31 (1) Delineation of flood hazard areas and flood zones, and design flood elevations, as
32 appropriate, shall be accurately depicted and described on preliminary plats, 0
33 (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
34 elevations are not included on the FIRM, the base flood elevations determined in
35 accordance with section 122-13(b)(1) of this chapter; and
36 (3) Compliance with the site improvement and utilities requirements of section 122-22 of this
37 chapter.
38
39 Sec. 122-27.— Site Improvements, Utilities and Limitations.
40 (a)Minimum requirements. All proposed new development shall be reviewed to determine that:
41 (1) Such proposals are consistent with the need to minimize flood damage and will be
42 reasonably safe from flooding,
43 (2) All public utilities and facilities such as (including but not limited to) sewer, gas, electric,
44 communications, and water systems are located and constructed to minimize or eliminate
45 flood damage, and
46 (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO,
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I adequate drainage Paths shall be Provided to guide floodwaters around and away from
2 Proposed structures.
3 (b) Sanitary, serge facilities. All new and replacement sanitary sewage facilities,private sewage
4 treatment plants (including all pumping stations and collector systems), and on-site waste
5 disposal systems shall be designed in accordance with the standards for onsite sewage
6 treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize
7 or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into
8 flood waters, and impairment of the facilities and systems. Joints between sewer drain
9 components shall be sealed with caulking,plastic, or rubber gaskets, and manhole covers shall
10 be sealed in a similar manner. Sewer systems which extend below the base flood elevation
11 shall have backflow prevention valves or devices.
12 (c) Water supply facilities. All new and replacement water suply facilities shall be designed in
13 accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and 0
14 ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
15 (d) Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be 0
16 designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
17 floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In w
18 addition to these requirements, if intended to suport buildings and structures (Zone A only),
19 fill shall comply with the requirements of the Florida Building Code.
20 (e)Limitations on sites in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal
21 high hazard areas and Coastal A Zones, alteration of sand dunes, dune ridges, and mangrove
22 stands shall be permitted only if such alteration is aproved by the Florida Department of
23 Environmental Protection and only if the engineering _analysis required by section 122-13(c)analysis required by section 122-13(c) 2
24 of this chapter demonstrates that the proposed alteration will not increase the potential for flood CN
CN
25 damage. Construction or restoration of dunes under or around elevated buildings and
26 structures shall comply with section 122-31(e)(3) of this chapter.
27 u
28 Sec. 122-28.—Manufactured Homes.
29 (a) General. All manufactured homes installed in flood hazard areas shall be installed by an
c�
30 installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
31 requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. Effective June 1,
32 1977, no manufactured home not already in place shall be placed within areas of special flood 0
33 hazard except in an existing manufactured home park or subdivision.
34 (b) Foundations. All new manufactured homes and replacement manufactured homes installed in
35 flood hazard areas shall be installed on permanent, reinforced foundations that:
36 (1) In flood hazard areas (Zone A), other than coastal high hazard areas and Coastal A Zones,
37 are designed in accordance with the foundation requirements of the Florida Building Code,
38 Residential Section R322.2 and this chapter.
39 (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance
40 with the foundation requirements of the Florida Building Code,Residential Section R322.3
41 and this chapter.
42 (c) Anchoring. All new manufactured homes and replacement manufactured homes shall be
43 installed using methods and practices which minimize flood damage and shall be securely
44 anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
45 movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
46 ties to ground anchors. This anchoring requirement is in addition to aplicable state and local
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I anchoring requirements for wind resistance.
2 (d) Elevation requirement. All manufactured homes that are placed, replaced, or substantially
3 improved shall be elevated such that the lowest floor and mechanical equipment is at or above
4 the elevation required, as aplicable to the flood hazard area, in the Florida Building Code,
5 Residential Section R322.2 (Zone A) or Section R322.3 (Zone V).
6 (e) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
7 requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such
8 enclosed areas, as aplicable to the flood hazard area.
9 (f)Additions. Solid wall additions to manufactured homes shall be permitted provided:
10 (1) The addition is constructed under the HUD (Department of Housing and Urban
11 Development) standards and contains a HUD seal,
12 (2) The addition is elevated as required in section 122-28(d), and
13 (3) The addition is structurally independent (fourth wall construction) or certified by a
14 registered design professional.
15 (2)Screen rooms,open decks and Porches. Screen rooms, open decks and porches are permitted 0
16 if structurally independent(fourth wall construction).
17 (h) Utility equipment. Utility equipment that serves manufactured homes, including (but not w
18 limited to) electric, heating, ventilation, plumbing, and air conditioning equipment and other
19 service facilities,shall comply with the requirements of the Florida Building Code,Residential
20 Section R322, as aplicable to the flood hazard area.
21
22 Sec. 122-29.—Recreational Vehicles and Park Trailers.
23 (a) Temporary_placement. Recreational vehicles and park trailers placed temporarily in flood 0
U-
24 hazard areas shall: cN
25 (1) Be on the site for fewer than 180 consecutive days, or T-
26 (2) Be fully licensed and ready for highway use, which means that the recreational vehicle or
27 park trailer in question is on wheels or a jacking system, is attached to the site only by u
28 quick-disconnect type utilities and security devices, and has no permanent attachments
29 such as (including but not limited to) additions, rooms, stairs, decks and porches.
30 (b) Permanent placement. Recreational vehicles and park trailers shall not be permanently
31 placed, installed, or anchored.
32
33 Sec. 122-30.—Tanks.
34 (a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent
35 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
36 during conditions of the design flood, including the effects of buoyancy assuming the tank is
37 em .
38 (b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
39 requirements of section 122-30(c) of this chapter shall:
40 (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
41 Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed
42 to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
43 hydrostatic loads during conditions of the design flood, including the effects of buoyancy
44 assuming the tank is empty and the effects of flood-borne debris.
45 (2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
46 (c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated
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I to or above the design flood elevation and attached to a suporting structure that is designed
2 to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-
3 suporting structures shall meet the foundation requirements of the applicable flood hazard
4 area.
5 (d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
6 (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
7 of floodwater or outflow of the contents of the tanks during conditions of the design flood,
8 and
9 (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
10 including the effects of buoyancy, during conditions of the design flood.
11
12 Sec. 122-31.—Other Development Not Specified in this Chapter.
13 (a) General requirements for other development. All development, including, but not limited 0
14 to, man-made changes to improved or unimproved real property, including utilities, for which
15 specific provisions are not specified in this chapter or the Florida Building Code, shall: 0
16 (1) Be lawfully located and constructed to minimize flood damage,
17 (2) Be lawfully anchored to prevent flotation, collapse or lateral movement resulting from
18 hydrostatic loads, including, but not limited to, the effects of buoyancy, during conditions
19 of the design flood,
20 (3) Be constructed of flood damage-resistant materials, and
21 (4) Have mechanical, plumbing, and electrical systems above the design flood elevation or
22 meet the requirements of ASCE 24, except that minimum electric service required to
23 address life safety and electric code requirements is permitted below the design flood
24 elevation provided that it conforms to all of the provisions of the electrical part of building cN
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25 code or other pertinent code(s) for wet locations.
26 (b) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios
27 and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A
28 Zones. In addition to meeting all requirements of the Florida Building Code, for parcels in
29 whole or in part in coastal high hazard areas and Coastal A Zones, concrete slabs used as
30 parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural
31 uses are permitted beneath or adjacent to buildings and structures provided that the concrete
32 slabs are professionally designed and lawfully constructed to be: 0
33 (1) Structurally independent of the foundation system of the building or structure,
34 (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
35 causing significant damage to any building or structure, and
36 (3) Have a maximum slab thickness of not more than four(4) inches.
37 (c) Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition
38 to the meeting all requirements of the Florida Building Code, in coastal high hazard areas and
39 Coastal A Zones, decks and patios shall be located, professionally designed, and lawfully
40 constructed in compliance with the following_
41 (1) A deck that is structurally attached to a building or structure shall have the bottom of the
42 lowest horizontal structural member at or above the design flood elevation and any
43 suporting members that extend below the design flood elevation shall comply with the
44 foundation requirements that aply to the building or structure, which shall be designed to
45 accommodate any increased loads resulting from the attached deck.
46 (2) A deck or patio that is located below the design flood elevation shall be structurally
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I independent from buildings or structures and their foundation systems, and shall be
2 professionally designed and lawfully constructed either to remain intact and in place during
3 design flood conditions or to break apart into small pieces to minimize debris during
4 flooding that is capable of causing structural damage to the building or structure or to
5 adjacent buildings and structures.
6 (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
7 constructed with more than the minimum amount of fill necessary for site drainage shall
8 not be approved unless an analysis prepared by a qualified registered design professional
9 competently and substantially demonstrates no harmful diversion of floodwaters or wave
10 runup and wave reflection that would increase damage to the building or structure or to
11 adjacent buildings and structures.
12 (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
13 natural grade or on nonstructural fill material that is similar to and compatible with local 0
14 soils and is the minimum amount necessary for site drainage may be approved without
15 requiring _analysis of the impact on diversion of floodwaters or wave runup and wave of the impact on diversion of floodwaters or wave runup and wave 0
16 reflection.
17 (d)Other development in coastal high hazard areas (Zone V)and Coastal A Zones. In coastal w
18 high hazard areas and Coastal A Zones, development activities other than buildings and
19 structures shall be permitted only if also authorized by all the appropriate or required federal,
20 state or local authority(ies), if located outside the footprint of, and not structurally attached to,
21 buildings and structures, and if analyses prepared by qualified registered design professionals
22 competently and substantially demonstrate no harmful diversion of floodwaters or wave runup
23 and wave reflection that would increase damage to adjacent buildings and structures. Such 0
24 other development activities include but are not limited to: CN
CN
25 (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures,
26 (2) Solid fences and privacy walls, and fences prone to trapping debris, unless professionally
27 designed and lawfully constructed to fail under flood conditions less than the design flood u
28 or otherwise function to avoid obstruction of floodwaters, and
29 (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
30 systems or mound systems.
31 (e) Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal
32 high hazard areas and Coastal A Zones:
33 (1) Minor _grading and the placement of minor quantities of nonstructural fill shall be permitted
34 for landscaping and for drainage purposes under and around buildings provided that the
35 nonstructural fill does not exceed two (2) feet in depth.
36 (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
37 horizontal shall be permitted only if an analysis prepared by a qualified registered design
38 professional competently and substantially demonstrates no harmful diversion of
39 floodwaters or wave runup and wave reflection that would increase damage to adjacent
40 buildings and structures.
41 (3) Where authorized by the Florida Department of Environmental Protection or applicable
42 local federal, or other state approval, sand dune construction and restoration of sand dunes
43 under or around elevated buildingsanalysis
are permitted without additional engineering _g analyare permitted without additional engineerin _g analysis
44 or certification of the diversion of floodwater or wave runup and wave reflection if the
45 scale and location of the dune work is consistent with local beach-dune morphology and
46 the vertical clearance is maintained between the top of the sand dune and the lowest
Packet Pg.4352
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I horizontal structural member of the building.
2
3 .
4
5 gener-al welfaFe a+id to minimize p4lie and private losses dtte to flood eanditions in speeifie afeas
6 by pr-ovisions designed to:
7
8 ,
9
10 ;
11
13
14 d&Ili at e; 0
15 6
17
18 w
19 (''�)Te fninifnize pr-oleaged bttsiness i�te tied �
20 - ,
21 ;
22 (9) To help maintain a stable tffli base by pr-oviding for-the sett*d�tse and development of fle
23 Vie-are-as in stteh ma-mier-ante fninifnize AA-tife flood blightar€as;-a-Rd
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25
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32 (a) Applieability. &keept as provided for- the elevated poi4ioa of a noneenfefming residential
33
34
35 i 0
36 b, 4 not limited t n n GFR tin 3(a)(2)
37 (b) Basis for-Establishing Speeial Flood 14azar-d Maps; Speeies Foetis Area Maps(,SFAA4s)with E
38 Speeies Foetis Area Buffer-s and Feder-ally Pr-oteeted Speeies Area Real Estate (RE) 144-;
39 and Speeies Assessment Guides (SAG*)-.
40
41
42
43 be -kept an file, "!able to the p4lie, in the offiees of the eott� Bttilding Pepaftfne
44
45
46 thiswgttlatioll.
47
48 (RE) lis�. FEMA a+id �he U.S. Fish a+id Wildlife Sefviee (PAIS) ha--ve pfavided �he speei
49 feetts afea fnaps (SF-AN4s)mailed to Monfee Gott*�a-Rd dated April 30, -2011, a+ld a listing
50
of real estate attmber-s of pafeels (RE list) emailed to Mear-ee Gott� a+id dated November-
51
Packet Pg.4353
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2 bialegie l opinion, dated April 30, z01 n as ameadedPeeei ber- 14, -2010,afe irk
3
4
5 e€fiee.
6
7
8
9
10
11
12
13 e€fee.
14 (e) Rules for-interpreting flood hazard issues. The betffidafies of�he flead hai5afd afeas shavvqi off
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16 a
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19
20
21 ,
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23
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25 0
26 c-
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28 a
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30 eade,a+i intefvening read,right of wa-y or-easemeat shall not destfay the aE�aeeaey of the habitat.
31
32
33
34 ge
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36 sides.
37
38
40 _uLlevate-d bi-ii iqg fneans a neabasemeat bttilding that has its lowest elevated flear-raised a
41 .
42
43 paftially or-fitily shtA in by r-igid walls a+id ttsed solely for-limited star-age,paFkiag or-eatfyw
44 .
45
46 Ja,,,ttat., 1, 1975 & stiag .. ,,,st,-.,..t;.,,,, is also 1k,,,.,w,,, ., pr-o FIRM statettiFes
47
48
49
50 final site gr-ading or- the pow4ag of eaner-ete pads is eampleted before Janttafy a+ld i...
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I
3
4
5 >
6 r,a t&itttfed woods.
7 .
8
9
10 fneeting the r its for-indiviAtal list;„ an fh,o rr.,f;,a-al Register-;
11the iffter-iof as eafftr-ibtttiff to the
12
13 by the Seer-et-afy to ,.,,.,l� registered ter-ie distfiet;
14
0
15 pfogfaffis whiek haNe beeff appfaved by the Seefetafy of the iffteffef; ef
16 0
17 f; )1 p s oh-at ha e boor eei4ified eithef
18 w
19
20 41eg-!�iiwim— -.-means a s4ttet-ufe or-ttse that is not a legal stt+tet-Hfe or-legal ttse as de:G
21
22
23
24
25 0
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27 cN
28
29 u
30 be eanveniendy moved to the elevated paft of the bttilding. Flood ilistifa-Bee eaver-age
31
32 u
33 tmfiaished ar- good wsista+it enelostife, ttsable solely for-par-king of vehieles, bttilding aeeess of
34
35
36 elevation des*,r its of this ,.h apter
37
38
39
40
tfa+ispaAa-ble s4ttet-wes plaeed an a site for- 180 eoasea4ive days or- leager- and intended to be-
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43
44
45
46 easts an appli iest r-eview by-an independent third paf�y appraiser-dttly attthar-ized by
47
48
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50 appraisal shall be r-eqt&-ed to possess eei4ifieatioas as state eei4ified r-esideatial appraisers
Packet Pg.4355
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I
3
4 .
5
6 as an enelostife, mater-ials with no openings, flood resistant fnater-ials), whieh was lawfa1l�,
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8
9
10 ;f,00 .,,tha „r ,. ,.. it4e,a development t be ]
11
12
13 by this ,.h.pte
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15 ;
16 a
17 (3) Designed to be self pr-opelled or-pefmaiiently towable by a light dtAy 4+tek-,--ai+d
18
19 .,f; raeamping, t+a ofor-seasonal, �
20
21
22
23 , addition,plaeement or-other-impr-ovement was within 180 days of the pefmit
24 a
25 0
26 U-
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28
29 u
30
31
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34
35
36
37
38
39
40 damages,then the s4ttet-ufe fnitst be elevated(or-flead pr-eefed if it is nen r-esidential)to or-ab
41
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43
items whieh afe sepafate fFafn the repair-. hems that fna-y also be &ielitded ineittde demelition ar--
44 emer-geney r-epair-s (easts to temper-afily stabilize a bitilding so that it's safe to enter- to evalitate
45
46 .
47
48
49 "
50 "
Packet Pg.4356
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I
2
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4
5
6
7
8
9 be tfigger-ed solely by the F et th,f the stt+tetdfe;s being ; eor-r-epair-ed.
10 la addition, for- any repair- r-eqttir-ed to fneet health, sanitafy, a+Id safe�y eades, Only the
11
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16 stt+tetdre's cantiatt gna+ie ter-ie stftte 0
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19 „t.,tantial; �t
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24 a
26 the eatir-e bttilding fnttst be elevated to or- above the base flead elevation (BF-E) (or- U-
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28
29 u
30 BF-E,i.e.; the &iistiag bttilding does nat have to be elevated. if the proposed later-a!additial+
31
32
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43
an fFietion piling (eaner-ete or- weed) and shall be a+iehar-ed to stteh r-ae-k s"Pai4 b holes, 1.6-
44 inehes in fninimth%diameter-,attgtifed into stteh r-ae-k a fninimttm depth of three feet a+id wiafer-e
45
46 and tied to the ver-tieal steel of the pier-. Wooden pilings shall be lee-ked into 16 ineh attg'ef
47 .
48
49
50
Packet Pg.4357
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2 to final ,.f;,
3
(e) Within-21 ealeadaf days of establishment of the lowest floor-elevation, or-�tpoa plaeemeat of th-e-
4
5
6
lowest floor-within A zones or-the lowest poi4ion of the lowest her-izental s4+tet--HFa! fnember-
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11
12holder's
13 Off4eial shall r-eview d4e floor- elevation stt�ey data s4fnit4ed. Def4eieneies deteeted by s
14
0
15
16 hereby shall be ea-ttses to isstte a stop wof-k order-for-the pr-pjeet. 0
17 (f) The degree of flood pr-ateetion r-eqttir-ed in this ehapter-is r-easonable for-wgttlatofy PwToses a-Rd
18 w
19
20 imply that 1—and- A-4at'silu the afeas of speeial flood hazafd or-ttses pefmit4ed within stteh afeas
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37 ,.f;,.os that fninifnize flood damage, E
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39 and pr-aetiees that fninifnize flood damage.
40
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43
44
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46 damage t the arid , r,.,w.inat o f f. them ,a,,4 flooding.
47 ,
48
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50 (9) illegal or- noneonfeming ttses, s4+tetdfes, a+id eans4+tetion below elevated post P
51
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3 into , pli ree with this eh ,.ter
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7 as defiffed iff this ehaptef.
8
9
10 sealed eei4ifieatioa that the impr-ovements to the noneenfefming s4+tet-ufe do not
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12
13 allowed w;hiel . „1,1 ; to t;.,l flood damage-7
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15
16 of lots within afeas of speeial flood hazafd shall eafFy the fellowing flood hazafd wamiat
17 atly displayed an the ,a, ethaiea-. �
18 FLOOD HAZARD AIARNP r_ �
19 pef�y may be „t eette�flooding. Yettshattid eeata=t the eott t c i
20 U)
21
22
23 been provided the F 11,,.E i ffered:
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25 2
26 the lowestflear- zonesA! 30 AE and n uor- bot4ofn of the lowest s"pe-.*
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27 iaembeE of the lowest Floc- for- zones NIr30 A7R A7 elevated .,tor- above CN
28 good eleva+ieff level.
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29
30
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33 within the , its ,a,,4 , rd t; rs f flooding, �
34
35
36 he-e the lille passes a-HIto-io-wallor-slab.
37 d. &ieept as noted in stibseetion(b)(7) of this seetion,dlie spaee below the lowest flear-a E
38 u
39
40 f 11,,. „r , rd t; rs.
41
42
43 feet shall only be enelosed with ser-een or- open la4iee. This lifnitation shall not
44 .
45 ,
46 &i;sti g a April 17 zov4,-r-cieeffvctive-aide of theor-dina-fleefFaffn w'hielt t�ir'rr
47 seetien is derived shall be deemed eatiggHning as to thepr-ovisionsf this
48
49 .
50 z. Theme,.,l�enelosed afea below the base flood eleVatiell ill zolle AE, ens
51
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6 door-may he, e,a i lie„ fventing ane wall opening. Openings shall he s;t,,,te,a
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9 3. later-ior-walls, eeilings a+id floor-, below base flood eleVatkffl, ill efielOstffes fna-Y
10 be finished with allowable &iter-ior-finish, r-egafdless of whethef this is speeified
11
12 Bttlletia.The most weent Teehaieal Bttlletia limits the finish to basie wall eeiling
13
14
15 F.-,..f, then„ afeas of the effelastife laeated belaw the base fload„1,,y tie
16 4. The ;,,to t; F. enelosed . ., below , elevated 1,,,;1,iag m t be
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29 tisf , t is t t 4(h)(l),l 7 .1 4lhl� u
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31 7. The afea effelosed belaw the base fload „1,,.,a+iaff shall ffa, be ttsed F h,..f..+
32 h..1.; T
33 8. &ieept as nated in s4seetions 12-2 4(hvl)h an (h)(I) .5. of this weetion a �
34
36 �?� � aze� ee �ttette -
37
38
39 (FIRM) shall have the lawest flear-(ineittding basement) elevated to or-above the base
40 flead level or-,together-with a4ead&4�444y a+id sanitaty faeilities,be designed so that
41 belaw �he base fload level the st++te�ffe is wa�ei4igh� w4h walls sttbs��6ftlly
42
43
44 Elevating above b se flo-o-d- ion may deer-ease the east of flead instifanee.Wher-e
45 ,
46 a registered pr-ofessional engineer- or- afehiteet shall develop and,lor- r-eview st-letwal
47 design speeifieations and pla+is for-the eaastt+te6aa a+id shall eei4ify that the design and
48
49
50
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zone N11- 30,N112 or-N'shall have the bot4ofn of the lowest her-izental s4ttet-wal fnember-
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10 this seetion for- A zones. Pla+is for- stteh stpdetwe shall be s4mitted to the bitilding
11 .
12 Aeeess-ei,�,st-IHe-twes
13 a. Residential aeeessefy stt+tet-ufes
14
15
16 (rr)Theenel7sed afea is 150 s" fe feet or-less; 0
17 OThe rise is lifnited to lifnited stern
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19 late-.,1 f rt
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21
22
23 4(h)(l),l within A zones -the ,f4e-;., sot F i h in „ seetio (t l(Gl with;,, N7
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25 0
26 1. A4 u€atial aeeesseiys4+tet-kTes,-or-—€nelosecc'lrifeas, v`dhieli fneeet the
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27 F 11,,.E ing ,f4e-;, two,. ,-n tte ;F. CN
28
29 (err) They
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30 4(b)(57' . r the v€ntifig ieEttHf-€iIlefits oi4lrraeccd H*+
31
32
33 this seetion; ai+ c�
34
35 1,t a rt
36 (^�e-twed how s,
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43 r�E e,a�e-able to the flood hazafd are�la the— e-id Bt ldi rode,
44 vo�; aort l Seetio v321 -2 (Zone n) or-Seetio v312 3 (Z re Nq.
45 bResefve -
46 e. No solid walled additions fna-y be added to a fna+iitfitet-ufed hafne tmless the addition is.
47
48 .
49 Solid =walled -t t effs eleva+ed to of .,Love the Lase good eleva+ie be
50
51 .
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29 eens4neted with br-eakaway walls so as net to impede the flew of fleadw u
30
31
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33
34s
35
36 fletation, eallapse, and later-a! movement dne to the effeets of wind a-Rd water- leads
37
38 u
40 d. A registered professional engineer- or- afehiteet shall develop or-review the sti:nenifal
41
42
43 e€pike iee foi fneeting the provisionsof Seetions 1-2-2 4(h)(5). (hl(Glh an (h)(5l
45
46 Model fneeting the fninifinnn NFIP standafds, that demonstfates sneh fill will no
48
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50 4(h)(l),l 1 (h)(l),l (h)(l),l 4 .,n (t l(�l7ax of thrrreeti6s
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2 base flood eleva+ioa level shall be s4fnit4ed to the B�tildiag Offieial or- his desig+fee
3 for-approval.
4 i. Alalls a-Rd pfftitieffs shall be allowed below the base fload elevatieff,pfavided the�,
5
6 the impaet of abnofmally high tides or- wind dr-iven water- withotA damage t
7
8
9 be ttsed as the safe lead design for-br-eaka a-y walls.
10 Complianee with the pr-ovisions eantained in Seetion 1-2-2 4(b)(5)i. of this seetion shall
11 .
12
13 ;el &ieept as pfe
14
0
15
16 whieh will iner-ease the pateatial for-flood damage. 0
17
18
19
20 nee, be -oa bat -000r- ,,,-kshop. This nbt}ell does not apply to liew �
21
22
23 elevation the stf+tet--HFe was or-igiaaliy bttilt to; gr-ett*d level stt+tetufes whose initial
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24
25 0
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27 (8) Below h—fia-d-levation vapianee. la no event shall abelow base flood elevation var-iA4;-- C14
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a. Be on the site for-",er-than 180 eoasea4ive days and be fitily lieensed and ready fer--
34 highway ttse;
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36for- highwa A;k, eels or-intemal jae-king system, designed to be self
37 pr-opelled or-pefmaneady towable by a light dtAy tt+tek, is attaehed to the site all! E
38 u
39 additions. �
40
41 .
42
43
44
45
46 inter-est, will be in hafmoff with the gener-al pwTose and inteat of this ehapter-, a+ld will be t
48 .
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50 of speeial flood hazafd shall be filed with the Bttildiag Pepai4fneat E4 the tifne of applieatiall
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20 (2) The F 11,,.E ing faeter- shall be wlev�'a. 4 in the r iag of �mimee: f8!
21 T .
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24 a
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27 fl. The the eofnfntt*4y of the sefviees provided by the proposed f4eility; CN
28 ,
29 b. The availabiky of altemateeeatiens less s4bjeet to �, u
30 ,
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34 #1ee
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39 eleetfieal a+id water-systems, a+id stfeets and bridges.
40
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43 €
44 b The domestie di€fiettities of the eaf4 er-fnember-s of hisz
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46 f this eh rte-.
47 4 '-ke elevation of sttff,,,mdi st+tetdres.
48
49
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12 See.13-6.Required insp eetien=, of Residential St-ru eta resz
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14 " 0
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16 0
17 2
18 2
19
20 naneenfefmitiesor-illegal stf+et-- or- �
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23 division. Fees for- inspeetions eandtteted by the gr-owth mana emeat division shall be
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34
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36 a
37 fF w, the approvedlist inspeeter-s by the gr-owthm rf,a;-eetar
38
39
40 for days prior-t the e sir date for-t,ansf fp- reft.,
41
42
43 will be natified that the s Violation of this seetion. 44ie bti-yer-and hi
44
45
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47
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12 n(1) M r„.ee laspee tion Program; a
13 (2)kpeetion atzfneo#_sale;. _
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20 m
21 awffef ffittst also feeefd the ffaffeaffvef fft,whiek shall be feeefded iff the offieial7
22 =
23 . , , with5
24 dawffstaifs livifft afeas as fellawsi ®
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43 ehapter-for-F laspeetion Program or-for-laspeetion of Residential S F
44 te tfaiisfer-o#o owner-ship� 99taid in ceetionp ,,, p
45 Compliant . The 46 . . . . .
47
48
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50 has been approved for-afeas belew base flead elevation.Pr-opeAy awiler-s shall pay weer-dint f�ees.
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See. 122 8.ineltision of United States Feder-a! Emergeney Management Ageney (FEMA) and-
10 United States Fish and Wildlife Serviee (FIALS) Required Permit Referral Proeess
11 .
12 ,
13
14
15
16 applieaf4. 0
17 (b) Lands to whieh this seetion apply. See Seetion 1-2-2 -2(b)-2-. 2
18
19
a
20
21
22
23 (1) SV44AIFeview peqHiped, Far-pafeels or-lots shown within the SFAN4s in whieh a-H applieati
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25 0
26 U-
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28
29 the development . plieatior ,. ,mit files that indi ates. t3
30 e€ the e€f � i that ,a the development li tier f PAIS �
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32 b Theft+-e€�kefelf"
33 eThedate of the SFAM and RE list ttsed eendttEt the r-ev4e,NL
34
35
36
37 in whieh a+i a-pplieation for-a peRnit for-development has been made illeittding 1) e"a-Rdi E
38
39
40
41
42
43
island tfee snail, and the pafeel or-Wt is listed an the RE list,the Planning Pir-eetor-or-his,�her-
44 designee shall ttse the SAGs to detefmine whether- a floodplain development pefffil+
45
46
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49
50
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6 3. la aee-efdanee with the Florida Bt,l iag (`ode a+ld Mear-ee (`.,,,,,t., Seetio 6
7
8
9 '
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11
12 ,
13
14
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15
16 0
17
18
19 oste-.,tio .,,,d la-ptff,.h.,so f a ti. o
20
21 iff the peffiiit file.
22
23
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25
26
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27 CN
28
29 h. if the pr-opef�y owner- does not agree to the PAIS teehaieal ttir-efRefits to
30
31
32
33 and Lower- Keys fnafsh rabbit habitat, pr-opef�y owner-s shall agree to &iea4e a-Rd
34
35
36 will not negatively impaet the total ath%ber- of new r-esideatial peffflits that fna-y be
E
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39
40
41
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6 -A. aff-der-for-those per-seas whose alleeations or-whose bttilding pefmits wer-e tolled to
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8 .
9 1. Owner-s with alleeations whe do not need eaer-dillatiall with PAIS after-they afe
10 e th-ottg>, the,. ,-m t -e f,-F l p
11
12 ,. theiF btt ldi ,. ,-m ts.
13 Haw 300 days f�he date � � ; ,a tt tiee ift>,
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19 i. Haw 180 days f- the date of a eott sstted Vffi ce-�vctrE��e �
20 Feeammenee development and Feeeive a passed; ee r. U)
21
22
23 a peFmit fmFa , the P014, Feea maenee development a+id Feeeiye-a G�
24 'a
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36 (6) Pr-opei4ies for- whieh a pefmit has been isstted and for- whieh development has
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46 See. 12 eats;
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2 r ,r,a Development rode.
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4
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10 fna4er- of the appeal and to sead wr-ittea natiee of the appeal to the owner-, appliea+4, pr-epef+y
11
12 of the wr-44ea natiee of the appeal, the Gett� shall r-efer-the appeal to DOA14 with a wqttes
13
14
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15
16
17
18 ease�he appeal shall ffa�s��fiff4hef pefffl4 ae4v4-afld a+iy pfaeeediffgs.The BOGG shall fe
20 U)
21
22
23 CL
24 Section 3.These updates are necessary to ensure County consistency with the requirements 0
25 of the Florida Division of Emergency Management - Bureau of Mitigation - State Floodplain U-
26 Management Office's model floodplain ordinance. However, in recognition that where an extant N
27 legislatively approved law is repealed by a subsequent legislative act which substantially reenacts
28 that repealed extant law, the prior legislatively approved law and the subsequent legislative act
29 shall be regarded as one continuous law uninterrupted in its operation, see McKibben v. Mallory,
30 293 So. 2d 48, 52-53 (Fla. 1974), see also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38
a�
31 (Fla. 3rd DCA 1979), it is the express legislative intent and purpose of the BOCC, in relation to or
32 in connection with of subsequent administrative and judicial construction and review of this
33 ordinance and Chapter 122, that all recodified or reenacted provisions of Monroe County Land 'a
34 Development Code Chapter 122, which includes those provisions of Chapter 122 unchanged or 0
35 not substantially modified by this ordinance, shall be deemed to have been in operation
36 continuously from their original enactment whereas the changes or substantial modifications are E
37 treated as amendments effective from the time they go into legal effect.
38
39 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance
40 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all
41 applications for development, including building permit applications and subdivision proposals,
42 submitted on or after the effective date of this ordinance.
43
44 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
45 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
46 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
47 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
48 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
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I connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
2 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
3 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
4 construction and interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, bankruptcy, and on appeal.
6
7 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
8 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
9 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
10 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
11 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
12 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
13 continue unimpaired in full force and effect. 0
14 6
15 Section 7. Conflicting Provisions. Consonant with Section 3. all ordinances or parts of 0
16 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
17 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any W
18 ordinance which has been repealed thereby.
U)
19
20 Section 8. Captions and Paragraph Headings. Captions and paragraph headings, where
21 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
22 and intent of the particular paragraph or text to which they refer. a
23 2
24 Section 9. Transmittal. This ordinance shall be transmitted to the Florida State Land N
25 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). V-
26
27 Section 10. Filing. This ordinance shall be filed in the Office of the Secretary of the State U
28 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
29 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
30 approving the ordinance, and if the final order is challenged, until the challenge to the order is
31 resolved pursuant to F.S. Chapter 120.
32 0
33 Section 11. Inclusion in the Monroe County Code. The provisions of this Ordinance
34 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
35 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
36 uniform marking system of the Code.
37
38 Section 12. Effective Date. This ordinance shall become as provided by law and stated
39 above.
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
42 Florida, at a regular meeting held on , 2022.
43
44 Mayor David Rice
45 Mayor Pro Tem Craig Cates
46 Commissioner Michelle Coldiron
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2 Commissioner James K. Scholl
3 Commissioner Holly Merrill Raschein
4
5 BOARD OF COUNTY COMMISSIONERS
6 OF MONROE COUNTY, FLORIDA
7
8 By:
9 Mayor David Rice
10 (SEAL)
11 ATTEST: KEVIN MADOK, CLERK
12
13 0
14 AS DEPUTY CLERK as
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4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11
as
12 Date: November 1, 2022 0
13
14 Subject: AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY W
15 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY
16 LAND DEVELOPMENT CODE AMENDING SECTION 101-1 DEFINITIONS; U
17 TO UPDATE FLOODPLAIN MANAGEMENT DEFINITIONS; TO REPEAL
18 AND REENACT CHAPTER 122 FLOODPLAIN MANAGEMENT; TO ADOPT
19 AN UPDATED CHAPTER 122 FLOODPLAIN MANAGEMENT TO BE
20 CONSISTENT WITH THE FLORIDA DIVISION OF EMERGENCY 0
21 MANAGEMENT, BUREAU OF MITIGATION, STATE FLOODPLAIN U-
22 MANAGEMENT OFFICE'S MODEL FLOODPLAIN MANAGEMENT N
23 ORDINANCE WHICH IS WRITTEN TO EXPLICITLY RELY ON AND BE
24 COORDINATED WITH THE FLOOD PROVISIONS IN THE FLORIDA to
25 BUILDING CODE, MEETING THE NATIONAL FLOOD INSURANCE a
26 PROGRAM (NFIP) REQUIREMENTS AND APPROVED BY THE FEDERAL N
27 EMERGENCY MANAGEMENT AGENCY IN 2013; INCLUDING
28 DESIGNATING A FLOODPLAIN ADMINISTRATOR, ADOPTING 7
29 PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD
30 AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY; to
31 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
32 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
33 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
34 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
35 MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
36 EFFECTIVE DATE.
37 a
38 Meeting: November 11, 2022
39
40 I. REQUEST
41
42 The Monroe County Planning & Environmental Resources Department is proposing amendments to
43 repeal and reenact Chapter 122, Floodplain Management, to be consistent with the Florida Division of
44 Emergency Management's State Model Ordinance which is written to explicitly rely on the flood
45 provisions in the Florida Building Code, continue to fulfill the requirements of the National Flood
46 Insurance Program, and maintain good standing in the program, and continue to meet the Community
47 Rating System (CRS) requirements and maintain our CRS score.
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1
2 In summary, the amendment includes the following:
3 • Updates to the floodplain management definitions in Section 101-1.
4 • Establishes the purpose, scope and intent of Chapter 122 Floodplain Management.
5 • Specifies that Chapter 122 is be administered and enforced in conjunction with the Florida
6 Building Code. The flood load and flood resistant construction requirements of the Florida
7 Building Code shall apply to all buildings and structures that are wholly within or partially within
8 any flood hazard area.
9 • Establishes that Chapter 122 applies to all flood hazard areas within the unincorporated areas of
10 Monroe County.
0
11 • Retains the reference and use of the Flood Insurance Study for Monroe County dated February 6
12 18, 2005, and the accompanying Flood Insurance Rate Maps (FIRMS). 0
13 • Retains the provisions for the Permit Referral Process, Species focus area maps, Species
14 assessment guides and the administration of development review within species focus areas.
15 • Provides updated floodplain management definitions for Chapter 122.
16 • Designates the Building Official as the Floodplain Administrator and provides for the duties and
17 authority of the Floodplain Administrator, including rendering interpretations of Chapter 122,
18 reviewing permit applications and plans, issuing floodplain development orders or permits,
19 providing substantial improvement/substantial damage determinations, etc. a
20 • Provides for the permanent retention of floodplain management records. 0
21 • Provides permit application requirements and standards, including for buildings, structures and N
22 facilities exempt from the Florida Building Code.
23 • Outlines the buildings, structures and facilities that are exempt from the Florida Building Code:
24 o Railroads and ancillary facilities associated with the railroad.
25 o Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
26 o Temporary buildings or sheds used exclusively for construction purposes. C14
27 o Mobile or modular structures used as temporary offices. LO
28 o Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are
29 directly involved in the generation, transmission, or distribution of electricity. U
30 o Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of U
31 Florida. As used in this paragraph,the term "chickee"means an open-sided wooden but that has
32 a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate
33 any electrical,plumbing, or other non-wood features.
34 o Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled
35 on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of
36 granite, marble, or reinforced concrete. cN
37 o Temporary housing provided by the Department of Corrections to any prisoner in the state
38 correctional system.
39 o Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building
40 Code, if such structures are located in flood hazard areas established on Flood Insurance Rate
41 Maps.
42 • Requires a Nonconversion Agreement form agreeing to not convert or modify in any manner that
43 is inconsistent with the terms of the building permit and Chapter 122, enclosures below elevated
44 buildings, certain crawl/underfloor spaces, detached accessory structures, and garages.
45 • Provides the standards for site plans and construction documents.
46 • Provides inspection standards to determine and/or confirm compliance with the requirements of
47 Chapter 122 and the conditions of issued floodplain development orders or permits.
48 • Retains the required inspections of enclosed areas below elevated residential structures.
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1 • Retains the Floodplain Certificate of Compliance Program.
2 • Updates provisions within the Variance procedures and provides for new variances for at-grade
3 wet floodproofed accessory structures in A/AE Zones that are larger than 600 sq. ft.but not larger
4 than 1,000 sq. ft. in size.
5 • Updates provisions within the Appeal procedures.
6 • Establishes that any development that is not within the scope of the Florida Building Code but
7 that is regulated by Chapter 122 which is performed without an issued County permit, that is
8 non-compliant or in conflict with an issued permit, or that does not strictly and fully comply with
9 Chapter 122, constitutes a violation.
10 • Provides flood resistant development standards for buildings and structures, including the design
11 and construction of buildings, structures and facilities exempt from the Florida Building Code.
12 o Includes standards for: enclosed areas (enclosures) below elevated buildings, minimum 0
13 foundation requirements for buildings and structures within the scope of the Florida
14 Building Code, at-grade residential detached accessory structures and nonresidential W
15 detached accessory structures.
16 • Provides minimum subdivision and plat requirements.
17 • Provides minimum requirements for site improvements and utilities, and limitations on the
18 placement of fill.
19 • Provides standards for manufactured homes, including foundations, anchoring and retaining the a
20 elevation requirements. 0
21 • Provides standards for recreational vehicles. N
22 • Provides standards for tanks, slabs, decks, nonstructural fill, etc.
23
24 II. BACKGROUND INFORMATION
25
26 The National Flood Insurance Program (NFIP) is a federally-subsidized flood damage insurance
LO
27 program administered by the Federal Emergency Management Agency (FEMA). Residents and business 17
28 owners are eligible to purchase NFIP flood insurance policies in communities that agree to regulate T_
29 development in special flood hazard areas. These special flood hazard areas are delineated by FEMA on U
30 Flood Insurance Rate Maps. 0
31
32 The NFIP makes federally-backed flood insurance available in those states and communities that agree
33 to adopt and enforce floodplain management ordinances to reduce future flood damage. These
34 regulations must meet or exceed the minimum administrative and technical requirements in the NFIP
35 regulations (44 CFR Part 59 and Part 60). FEMA administers the NFIP and provides technical assistance
36 and training on NFIP requirements and mitigation measures. FEMA also has extensive publications on
37 the NFIP, including detailed guidance on mitigation measures that can minimize or eliminate future E
38 flood damages.
39 °
40 Floodplain management is a community-based effort to prevent or reduce the risk of flooding, resulting
41 in a more resilient community. Per FEMA, meeting NFIP requirements is the most cost-effective way to
42 reduce the flood risk to new buildings and infrastructure. FEMA provides tools and resources to help
43 navigate NFIP requirements and implement higher standards of floodplain management.
44
45 Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances,
46 and/or building codes or adopt special purpose floodplain management ordinances. The NFIP
47 requirements apply to areas mapped as Special Flood Hazard Areas (SFHA) on Flood Insurance Rate
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I Maps (FIRMS) issued by FEMA. The SFHA is the area that would be flooded by the "base flood"
2 (defined as the flood that has a 1 percent chance of occurring in any given year; also known as the "100-
3 year flood").
4
5 The NFIP requirements include, but are not limited to:
6 • Elevation of new and substantially improved residential structures above the base flood level.
7 • Elevation or dry floodproofing (made watertight) of new or substantially improved non-
8 residential structures.
9 • Prohibition of development in floodways, the central portion of a riverine floodplain needed to
10 carry deeper and faster moving water.
11 • Additional requirements to protect buildings in coastal areas from the impacts of waves, high
12 velocity, and storm surge. 0
13
14 FIRMs inform communities about the local flood risk and set minimum floodplain standards for W
15 communities to build with safety and resiliency in mind. FIRMS also currently determine the cost of
16 flood insurance and the mandatory purchase requirement. As risks change, insurance premiums also 0
17 change to reflect those risks, but property owners may be able to reduce premiums if they build their
18 home or business to be safer, higher, and stronger.
19 ,C
20 As a rrrrwc, p'EMA uS Updwhig Ghc p`W's iisk rr°whig ui�MiodcOogy phKM&lh phC hlu P�Cu Cffl0:6CM C&O UW Prr°uChl&l t 0
21 rriuMi���udcOogy capped p~sk ➢~i�Ghig 2.0. "
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23 SUCh J.S SWM SrrurryC, CWSWp ffosuo i, Ruud he y rr°auuull5pp purr �hc dW uicc W J WW.0 SOUNC Jp M&I rr6h parr°OPCOY
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26 hovv,c�'crr°, suuuce p sk 1�6Ghig 2.0 does uIW USC flood xo�ics w 5cwrr°uiu hic flood iisk, Ghc 5kC0auuup Wffl bC W616111dy
27 ap�p he W ��� ���up 6CS Gp�rr°�u�rr;�;p OLH �hc p�arr°�6p�w hig a o� irr �uurruuu Y, rega:tAess cu�d`vv�p��p:h rr° phc SpI'Ua�p:rr I us hiss do ��r �
29
30 U
31
32 The Florida Division of Emergency Management(DEM) serves as the State Coordinating Agency of the W
33 NFIP to work with Florida's municipalities and counties to administer their local flood damage reduction
34 regulations. The State Floodplain Management Program works to promote and ensure sound land use
35 development in floodplain areas in order to promote the health and safety of the public, minimize loss '
36 of life and property, and reduce economic losses caused by flood damages.
37
38 The State Floodplain Management Office is a unit in the Florida DEM,Bureau of Mitigation. Floodplain
39 Management Specialists work with Florida's communities to help them successfully manage
40 development in flood zones. The State Floodplain Management Office provides/offers technical
41 assistance to improve administration of local floodplain management ordinances and the flood
42 provisions of the Florida Building Code and to monitor community performance to ensure compliance
43 with the NFIP development regulations in Special Flood Hazard Areas.
44
45 The State Floodplain Management Office also coordinates and collaborates on the following activities:
46 • Map Modernization and FEMA Risk MAP priorities
47 • Integration of flood-resistant standards into the Florida Building Code
48 • Coordination with federal flood mitigation grant programs
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1 • Integration of foodplain management concepts and tasks into multi jurisdictional local
2 mitigation strategies developed by counties and municipalities
3 • Participation in maintaining the State Enhanced Hazard Mitigation Plan and planning process
4 • Consultation with State agencies on state-owned facilities in special flood hazard areas
5 • Training of local foodplain managers and building officials, in partnership with the Florida
6 Floodplain Managers Association (FFMA)
7 • Coordination with the Florida Dam Safety Program
8 • Partnerships with federal, state and local organizations pertinent to foodplain management
9
10
11 In 2012, State Floodplain Management Office developed a Model Floodplain Management Ordinance 6
12 for communities,written explicitly to rely on the flood provisions in the Florida Building Code. FEMA 0
13 approved the Model Floodplain Management Ordinance in 2013.
14 W
15 Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the
16 minimum NFIP requirements for buildings and structures. Nearly all Florida communities administer 0
17 local floodplain management ordinances that are written to rely on the FBC to meet the NFIP
18 requirements.
19 'a
20 Over the past 10 years,DEM has worked with nearly all of Florida's 468 NFIP communities to transition 0
21 to the Model Floodplain Management Ordinance, providing assistance, to tailor the model as U_
22 appropriate for each community. At this time, 10 communities, including Monroe County, are still
23 preparing the required amendments to their existing regulations.
24 U
25 Amendments to the County's Floodplain Management Ordinance (Ch. 122 of the Land Development
26 Code) are necessary to be consistent with FEMA provisions, incorporate DEM's Model Floodplain N
27 Management Ordinance and to continue to fulfill the NFIP requirements. Additionally,the update will Ui
28 allow the County to continue to meet and improve the requirements and activities of the Community
29 Rating System. U
30 0
31
32
33 The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages
34 communities to establish sound programs that recognize and encourage foodplain management
35 activities that exceed the minimum NFIP requirements. By conducting mitigation and outreach activities
36 that increase safety and resilience,including CRS credits for regulating to higher standards, communities
37 can earn credits and discounts(up to 45 percent within the Special Flood Hazard Area)on flood insurance
38 premiums for property owners.
39
40 In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk
41 resulting from the community's efforts that address the three goals of the program:
42 1. Reduce and avoid flood damage to insurable property
43 2. Strengthen and support the insurance aspects of the National Flood Insurance Program
44 3. Foster comprehensive Foodplain management
45
46 A community accrues points to improve its CRS Class rating and receive increasingly higher discounts.
47
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I The CRS uses a Class rating system that is similar to fire insurance rating to determine flood insurance
2 premium reductions for residents. CRS Classes are rated from 9 to 1. Today, most communities enter
3 the program at a CRS Class 9 or Class 8 rating, which entitles residents in Special Flood Hazard Areas
4 (SFHAs) to a 5% discount on their flood insurance premiums for a Class 9 or a 10% discount for Class
5 8. As a community engages in additional mitigation activities, its residents become eligible for increased
6 NFIP policy premium discounts. Each CRS Class improvement produces a 5% greater discount on flood
7 insurance premiums for properties in the SFHA. CRS Class changes occur on April 1 and October 1 of
8 each year.
9
10 Monroe County has achieved a Class 3 rating in the CRS, which provides a 35% discount on flood
11 insurance premiums and in April 2022, will increase annual savings for 14,400 policyholders in 0
12 unincorporated Monroe County to $7.5 million dollars annually. This is an annual average savings per
13 policyholder of$522. Cumulatively to date, Monroe County has saved policyholders over $24 million. 2
14 2
w
Avg Savings or tal Savings
Year C8'S Na b%Disc unt � G u : 4 rwo�aV Cumulative Savings U
t t tit ' ta6 t1 6t 7 1 6 ' 7' �
10/,1/ t610 a /25% $35,0 $5,13S,345 $81765A15,
t�O 1,62021!Class % 137 � 15439,34148'� . 6 t"' �
16 c 1m t tt , 6 rnonth !clots 6 ;t73 6 6 dt't t ' CN
cN
GRAND TOTAL
PROJECED ANINUALL SWINGS
U
t/ • t/ 0 AS Class, /3 ,s , 6 ,t , 6 ,s s
15 VdA 01 daaa doda^mad crm M1'' Paxp»,d�^,ia.
16
LO
17 Class 5 or better communities go through the full verification process every 3 years, and Monroe 17
18 County's next verification is anticipated in 2023. For CRS purposes, FEMA and the FEMA CRS V_
19 contractor(ISO/Verisk)rely on DEM to advise whether local regulations are compliant. It is critical for U
20 DEM to deem the County's Floodplain Management Ordinance compliant in the future. 0
21
22 M
23 '
24 FEMA Flood Maps
25 N
26 On December 27, 2019, FEMA issued Preliminary Flood Insurance Rate Maps (FIRMS) and a Flood
27 Insurance Study (FIS) report for Monroe County, FL. The preliminary FIRMS were released after a E
28 multi-year study of Monroe County's coastal flood risks. The current County FIRMS are based on 30-
29 plus-year-old studies.
30
31 The Preliminary FIRMS can be viewed here: https://www.monroecounty-fl.�zov/1151/New-Preliminary-
32 Coastal-Flood-Maps.
33
34 Coastal Flood Maps, otherwise known as Flood Insurance Rate Maps (FIRMS) are used to determine the
35 minimum elevation needed for construction to reduce the chances of flooding, as well as construction
36 methods required in certain zones.
37
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I The County hired a consultant, Woods Hole Group, to analyze how flood risks are changing in
2 Unincorporated Monroe County based on the FEMA provided studies using updated information and
3 the best available science and technology.
4
5 During the week of January 27, 2020, FEMA held community meetings throughout the Florida Keys,
6 offering the public an opportunity to view and comment on the proposed preliminary FIRMS. Following
7 this, Monroe County,through its consultant, examined the maps and the accompanying Flood Insurance
8 Studies.
9
10 The consultant, Woods Hole Group, completed a review of FEMA's December 2019 RiskMap study for
11 Monroe County. The review identified the following primary areas of concern identified with FEMA's 0
12 Risk Map study:
13 1) Storm Climatology and Selection for Florida Keys, 2
14 2) Statistical Analysis of Storm Sets, Low-Frequency Water Levels and Waves, 2
15 3) Wave Model Validation,
16 4) Hydrodynamic/Wave Model Mesh Resolution,
17 5) Hydrodynamic/Wave Model Parameterization of Reefs, and
18 6)Number and Location of Coastal Transects.
19
20 These areas of concern were identified because of (a) the use of a non-standard approach, (b) 0
21 inconsistencies in methodology with other FEMA Coastal Risk Map studies, (c) discrepancies between U_
22 the study's documentation and the analyses, or(d) errors made in the analysis. N
23
24 Information on the consultant's review can accessed here: https://www.monroecouniy-fl.gov/1151/New- U
25 Preliminary-Coastal-Flood-Mans.
26
27 FEMA issued the required notices in the Federal Register and local newspapers for the FIRMS and a
LO
28 Flood Insurance Study (FIS) report for Monroe County, FL. The 90-day appeal period for Monroe
29 County commenced on March 19, 2021 and ended on June 17, 2021.
30 U
31 Monroe County submitted its appeal of the preliminary FEMA Flood Insurance Rate Maps and Flood M
32 Insurance Study on June 11, 2021. The appeal is ongoing.
33
34 Once FEMA reviews and processes all appeals, the agency will issue a Letter of Final Determination
35 (LFD)and publish the final FIRMS. The County anticipates the appeal process may take until December Q
36 2022 to complete and, if necessary, the Scientific Resolution Panel may process may take until 2024 to
37 complete.
APPEAL PROCESS MAPE
TIMELINE ADOPTION
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39
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I The County anticipates the Final FIRMS will most likely become effective sometime in 2022-2024.
2 When FEMA issues a Letter of Final Determination(LFD),which is a letter to the County that the
3 updated FIRM will become effective in 6 months,the County must formally adopt the FIRMs and
4 must adopt a compliant floodplain management ordinance by the map effective date to remain a
5 participant in good standing in the NFIP.
6
7 Along with the adoption of the Final FIRMs, the County will need make updates to both the
8 Comprehensive Plan and Land Development Code and Code or Ordinances to adopt and implement the
9 maps and ensure compliance with the DEM Model Floodplain Ordinance. The County must begin
10 processing County amendments to the Comprehensive Plan and Land Development Code in
11 advance, due to the County's public noticing and meeting requirements as well as the required 0
12 State review and approval process for Areas of Critical State Concerns, to meet the 6-month
13 deadline. 2
14 2
w
15 Additionally, when the Final FIRMs are effective, the County will use the FIRMs to review building
16 permits; establish what a finished floor elevation needs to be and determine building and site design U
17 requirements to reduce future risk of flooding. New lender requirements may go into effect along with
18 flood insurance requirements, as well as changes in flood insurance rates as a result of map changes.
19 CL
20 It should be noted that the County's proposed amendments to Ch. 122 of the Land Development 0
21 Code(the County's Floodplain Management Ordinance)do not"automatically adopt"any revised
22 FIS and/or FIRMs when FEMA issues the Final effective products. The County will have to take N
23 legislative action when the LFD is issued to formally adopt the FIRMs, FIS and any other
24 necessary amendments to ensure a compliant floodplain management ordinance (i.e. update the U
25 date reference within the Code).
26
27 In summary, the County is proposing the following connected amendments:
LO
28 17
T-
29 • Update Land Development Code Chapter 122 to be consistent with the State of Florida (DEM) t-
30 Model Floodplain Management Ordinance, include updated FEMA policies, explicitly to rely on U
31 the flood provisions in the Florida Building Code and to eliminate obsolete or unnecessary
32 regulations.
33 o Amendments does not include any updated FIRM maps. Maintains the 2005 FIRMs.
34 o Amendments to Land Development Code Chapter 122 are critical for DEM to deem the
35 County's Floodplain Management Ordinance compliant with NFIP requirements and for Q
36 the County's next CRS verification.
37 • Update Code of Ordinances Chapter 6 to be consistent with the Florida Building Code and adopt
38 amendments for local higher floodplain standards, including:
39 o Shifting local higher floodplain standards from Chapter 122 to Chapter 6 (for example.
40 299SF downstairs enclosure limitation and foundation requirements [anchoring to rock]).
41 o Including technical amendments to the Florida Building Code for additional local higher
42 floodplain standards (for example: elevation certificate requirements).
43 o Amendments to Code of Ordinances Chapter 6 are critical for DEM to deem the County's
44 Floodplain Management Ordinance compliant with NFIP requirement and for the
45 County's next CRS verification.
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I • Amend the Comprehensive Plan and Land Development Code to provide for an increase to the
2 maximum height of residential buildings,which would be available on the adoption and effective
3 date of updated FEMA Flood Insurance Rate Maps.
4 o The County is considering a maximum height limit of 40 feet(up to a maximum of five
5 (5) feet above the 35-foot height limit) in order to elevate to or maintain the required
6 elevation based on the Florida Building Code.Revisions shall not result in a new building
7 or a substantially improved building or a lawfully existing building to exceed a maximum
8 height of 40 feet.
9 o Amendment intended to address additional difference in elevation due to a change in the
10 updated FIRMS requiring the use of North American Vertical Datum of 1988 or NAVD88
11 (on average there is -1.5 foot conversion), potential increased base flood elevation
a�
12 requirements with the updated FIRM maps, and changes in construction requirements
13 based on revised base flood elevations.
14 • Amend Land Development Code Chapter 138 to require aplicants to submit plan revisions to W
15 prior to permit issuance, demonstrating full compliance with the current Florida Building Code
16 and the updated FIRM maps, for permits requiring an ROGO/NROGO allocation.
17 o Establishing that all applications in or entering into the ROGO system on or after the W
18 effective date of the updated FIRMS, shall have the application scores reevaluated and S
19 updated based on the updated FIRMS.
20 0
21
22 On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with
23 maximum sustained winds of 130 mph and flooding occurred in various neighborhoods. Hurricane Irma a
24 caused significant damage throughout the Florida Keys, particularly to structures built prior to the is
25 upgraded Florida Building Code adopted after Hurricane Andrew, to non-elevated structures and to
26 mobile homes. N
27 LO
28 To provide additional protection to residents that reside in mobile homes in flood hazard areas, reduce
29 the repeated impacts by flooding, and enhance public health, safety and welfare, the County already U
30 adopted an amendment to eliminate the ability for a mobile home to be placed at an elevation below base U
31 flood elevation.
32
33 Further, the County has embarked on proactively assisting property owners with voluntary elevations
34 through FEMA funded grant programs. Property owners may self-fund improvements to their homes to ,
35 elevate above base flood levels and there may be additional funding opportunities with the County
36 participating in several grant programs to provide for the mitigation of flood risks, such as:
37 • FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures
38 • Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk of a
39 flood damage
40 • Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes
41
42 When participating in some of these grant programs for elevation projects, the Florida Division of
43 Emergency Management(DEM) is encouraging at least three feet above Base Flood Elevation (a 3-foot
44 freeboard for residential buildings and structures). The grant scope of work reviews and the County's
45 ongoing efforts to utilize these grant programs, including the additional elevation, further facilitates
46 reducing the risk of future damage, hardship, loss, or flood damage within the community.
47
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1
2 The subject of this staff report is the proposed amendment to update LDC Chapter 122 Floodplain
3 Management to be consistent with the Florida Division of Emergency Management,Bureau of
4 Mitigation, State Floodplain Management Office's model floodplain management ordinance.
5
6
7
8 Community Meeting and Public Participation
9 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on December 2, 2021,
10 at 5:05pm, to provide for public input. There were six (6) attendees and five (5) County staff members.
11 In general, the comments provided for the proposed amendment, are summarized below: 0
a�
12 • Question regarding substantial improvements and the scenario/types of improvements that
13 required elevation to the new design flood.
14 • Concerns regarding requiring 3ft of freeboard and this requiring a substantial number of W
15 properties to be reviewed for substantial improvement/substantial damage concerns.
16 • Question of how the 35% insurance discount, derived from CRS participation, is applied.
17 • Question regarding the establishment of buoyancy calculation requirements for swimming pools
18 (note, this is not related to any proposed amendment).
19 • Question regarding the 299ft enclosure limit requirement. 'a
20 0
21 A supplemental Community Meeting was held on January 20, 2022, at 3:00pm, to provide for public c_
22 input. There were six(6) attendees and 10 County staff members. In general,the comments provided for N
23 the proposed amendment, are summarized below:
24 • Question regarding swimming pool designs under houses(note,this is not related to any proposed U
25 amendment).
26 • Question regarding fill in a V zone and about shoreline protection features and altering shorelines N
27 in a V zone. LO
28
29 A second supplemental Community Meeting was held on February 3, 2022, at 5:05pm, to provide for U
30 public input. There were four(4) attendees and five (5) County staff members. In general, the comments 0
31 provided for the proposed amendment, are summarized below:
32 • A comment on the proposed foundation requirements in Ch. 6 to modify"geotechnical engineer"
33 to "a licensed engineer" and question regarding the source of the "minimum embedment of 3
34 feet" requirement.
35 • Comments regarding maintaining the 299ft enclosure limit requirement. N
36 • Comments regarding at-grade pool requirements (note, this is not related to any proposed a
37 amendment). E
38
39
40
41 Development Review Committee and Public Input
42 On February 22, 2022, the Development Review Committee (DRC) held a virtual meeting to review
43 the proposed amendments and receive public input.
44
45
46
47
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I Planning Commission and Public Input
2 The Planning Commission considered the proposed amendment at a regular meeting on March 23,2022,
3 provided for public input and recommended approval (Reso P10-22).
4
5
6 Previous County Action
7 Ordinance 002-1973, platting regulations which included minimum floor elevations for structures, adopted in
8 1973. Based on this ordinance, FEMA considers June 15, 1973, the effective date of the initial floodplain
9 management regulations of Monroe County.
10
11 Ordinance 002-1974, amending Ordinance 02-1973, adopted June 18, 1974. 0
12 6
13 Ordinance 003-1975, adopting floodplain management provisions, adopted March 25, 1975. 0
14
15 Ordinance 008-1977, amending Ordinance 03-1975, adopted March 22, 1977. W
16
17 Ordinance 012-1979, requiring that in all cases where deed restrictions of record authorize the first floor of
18 buildings to be at a height which is lower than the building height required by the flood ordinance; the first floor
19 elevation required by the flood ordinance shall become the maximum elevation permissible for the first floor of
20 all structures in said residential subdivisions, adopted May 22, 1979. CL
21 0
22 1pu-du iancc 030 1983, crcathis, I'lo d ICparard p)W'6ct p)CNdop mcnt proNku ons 161- dcNdopment Wuthhl areas Of 2
U_
23 sgccu..p flood hazards, wuq.hhi Chapter 6, B uu dhigs and Construcq.on' Of the Monroe County Code 01 01-d.i fiances, C14
cN
24 adopted NoN c,mbe-yip, 1983.
25
26 p;pu-duuiancc 005 1984, amcndhig pprdu fiance 030...1983, ad.opted..Uan u'ary p, 1984 U
27
28 Ordinance 033-1986-adopting the 1986 Comprehensive and Land Development Regulations,including Division C14
29 6,Floodplain Management Standards, containing requirements for floor elevation and floodproofing certification, LO
30 21-day establishment of floor elevation and floodproofing certification,the flood insurance study of December 1,
31 1983 and the flood maps, standards for issuing permits and a 299sf enclosure limit, adopted October 3, 1986.
32 U
33 Ordinance 014-1988, amending the floodplain management provisions, adopted February 16, 1988.
34
35 Ordinance 015-1989,amending the floodplain management provisions and adopting the special flood hazard areas M
36 identified by the flood insurance study of December 1, 1983 or the most current[flood] maps approved by FEMA
37 maps, adopted June 6, 1989.
38 C14
39 Ordinance 015-1990, amending the floodplain management provisions, including manufactured homes to be
40 placed on 36 inch piers, and the special flood hazard areas identified by the flood insurance study of October 17,
41 1989 or the most current[flood] maps approved by FEMA maps, adopted April 18, 1990.
42
43 Ordinance 002-1994, amending the floodplain management provisions, adopted January 18, 1994.
44
45 Ordinance 039-2000, amending the floodplain management provisions, adopted July 26, 2000.
46
47 Resolution 080-2002, committing to implementation of the Inspection Procedure (FEMA developed Pilot
48 inspection procedure) for the reinediation of non-compliant buildings and preparation of a remedial plan, adopted
49 February 13, 2002.
50
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I Resolution 115-2002, approving the County developed Flood Insurance and Inspection and Compliance
2 Implementation Plan, including the downstairs enclosure compliance program, and transmittal to FEMA, adopted
3 March 20, 2002.
4
5 Resolution 187-2002, approving a revised Flood Insurance and Inspection and Compliance Implementation Plan,
6 addressing structures more than 4-years old, and transmittal to FEMA, adopted April 17, 2002.
7
8 Resolution 397-2002, adopting a plan and procedures for authorizing a time extension for eligible non-compliant
9 structures used for affordable housing, adopted September- 18, 2002.
10
11 Resolution 152-2003, approving a revised implementation plan for the Flood Insurance and Inspection and
12 Compliance Program (Remedial Plan), adopted April 16, 2003. 0
13
0
14 Ordinance 037-2003, reorganizing and amending the floodplain management provisions to address the Monroe 2
15 County Flood Insurance and Inspection and Compliance Program approved by FEMA,adopted October 15,2003. 2
W
16
17 Ordinance 005-2004, amending the electrical and mechanical equipment standards for issuance of building U)
18 permits in areas of special flood hazards, adopted February 18, 2004.
19
20 Ordinance 025-2004 amending the enclosed area standards for issuance of building permits in areas of special
21 flood hazards, adopted August 18,2004.
22 0
0
23 Ordinance 001-2009, reorganizing and re-codifying the County Code, consisting of Chapters I through 146 U_
C14
24 (removing reference to Code Section 9.5), adopted January 28, 2009. CN
25
26 Resolution 440-2011, approving a 2011 implementation plan for the Flood Insurance and Inspection and
U
27 Compliance Program (Remedial Plan), maintaining regulations adopted pursuant to Resolution 152-2003 and
28 direction to create the certificate of compliance program, adopted on December- 14, 2011.
N
29
30 Ordinance 0 10-2012, amending the floodplain management provisions and creating Section 112-7 the Floodplain LO
31 Certificate of Compliance Program, including the requirement for non-conversion agreements, adopted May 16,
32 2012. U
U
33 0
34 Ordinance 015-2012, amending the floodplain management provisions, including specific reference to the areas
35 of special flood hazard identified by the FEMA February 18, 2005 [flood] maps, and creating Section 122-8 the
36 Permit Referral Process (PRP), as a result of the 2011 Settlement Agreement for a 1990 lawsuit against FEMA
37 claiming lack of consultation with USFWS pursuant to the Endangered Species Act, adopted June 20, 2012.
38
39 Ordinance 043-2013, amending the floodplain management provisions Section 122-2(b)3, the basis for N
40 establishing special flood hazard maps, species assessment guides (SAGS) for the Permit Referral Process (PRP)
41 determinations,providing a new date for the revised Species Assessment Guides, adopted October 16, 2013. E
42
43 Resolution 193-2014, approving a 2014 implementation plan for the Flood Insurance and Inspection and
44 Compliance Program (Remedial Plan), maintaining the inspection on transfer-, 299SF enclosure maximum,
45 certificate of compliance program, existing Ch. 122 regulations(to be compliant with federal regulations) and the
46 inadvertent observation of illegal structures below BFE, and documenting the Pilot Inspection Procedure
47 concluded July 1, 2013, adopted August 20, 2014.
48
49 Resolution 223-2015, adopting FEMA Technical Bulletin 0 User's Guide, dated March 2009, adopted
50 September 16,2015.
51
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I Resolution 224-2015, adopting FEMA Technical Bulletin I Openings in Foundation Walls and Walls of
2 Enclosures, dated August 2008, adopted September 16, 2015.
3
4 Resolution 225...2015, adopting FEMA Technical Bulletin 2 Flood Darnape.-Resistant Materials Requirements,
5 dated August 2008, adopted September 16, 2015.
6
7 Resolution 226...2015, adopting FEMA Technical Bulletin 3 Nonresidential Floodproofing Requirements and
8 Certification, dated April 1993, adopted September 16, 2015.
9
10 Resolution 227...2015, adopting FEMA Technical Bulletin 4 Elevator- Installation, dated November 2010,
11 adopted September 16, 2015.
12 0
13 Resolution 228...2015, adopting FEMA Technical Bulletin 5 Free-of.-Obstruction Requirements, dated August
0
14 2008, adopted September 16, 2015. 2
15 2
16 Resolution 229...2015, adopting FEMA Technical Bulletin 6 Below.--Grade Parking Requirements, dated April W
17 1993, adopted September 16, 2015. U)
18
19 Resolution 230...2015, adopting FEMA Technical Bulletin 7 Wet Flood proofing Requirements, d ated December
20 1993, adopted September 16, 2015.
21
22 Resolution 231-2015, adopting FEMA Technical Bulletin 8 Corrosion Protection for Metal Connectors in 0
23 Coastal Areas, dated August 1996, adopted September 16, 2015. U-
C14
24 C14
25 Resolution 232...2015, adopting FEMA Technical Bulletin 9 Design and Construction Guidance for Breakaway
26 Walls, dated August 2008, adopted September 16, 2015.
U
27 a
28 Resolution 233...2015, adopting FEMA Technical Bulletin 10 Ensuring that Structures Built on Fill in or near Z�-
29 Special Flood Hazard Areas are Reasonably Safe from Flooding, dated May 200 1, adopted September 16,2015. C14
30 LO
31 Resolution 234...2015, adopting FEMA Technical Bulletin I I Crawlspace Construction, dated November 200 1,
32 adopted September 16, 2015. U
33 U0
34 Resolution 240...2015,adopting FEMA Technical Bulletin 467...1 Elevation Certificate, dated May 2004,adopted
35 September 16,2015.
36
37 Resolution 241...2015, adopting Florida Division of Emergency Management Technical Topic Guidance for
38 Pools and Outdoor 1�,'-itchens/Bars in Flood Hazard Areas, dated November 20 10, adopted September 16, 2015.
39 C14
40 Resolution 242...2015, adopting the Monroe County Elevation Certificate Review Process, dated October 1, 2015,
41 adopted September 16, 2015. E
42
43 Resolution 243...2015, adopting the Monroe County Floodproofing Nonresidential Structures Permitting and
44 Inspection Requirements, dated October 1,2015, adopted September 16, 2015.
45
46 Resolution 244...2015, adopting the Monroe County Pool and Cistern and Accessory Equipment Location in
47 Special Flood Hazard Areas Policy, dated October 1, 2015, adopted September 16, 2015.
48
49 Resolution 245...2015, adopting the Monroe County Substantial Improvement or Substantial Damage (5010 Rule)
50 Application and Affidavit Policy, dated October 1,2015, adopted September 16, 2015.
51
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I Resolution 246-2015,adopting the Monroe County V.-Zone Certification and Calculations Documentation Policy,
2 dated October 1, 2015, adopted September 16, 2015.
3
4 Ordinance 006-2016, adopting the updated Land Development Code, implementing the 2030 Comprehensive
5 Plan, maintaining Chapter 122, the floodplain management provisions and amending the floodplain variances
6 procedure to be conducted by the Division of Administrative Hearings (DOAH), adopted April 13, 2016.
7
8 Ordinance 024-2017, amending the standards for issuance of building permits in areas of special flood hazards,
9 adopted November 14,2017.
10
11 Resolution 254-2019, adopting FEMA Technical Bulletin 0 User's Guide,dated July 2019, adopted September
12 18, 2019. 0
13
0
14 Resolution 255-2019, adopting FEMA Technical Bulletin 4 Elevator Installation, dated June 2019, adopted 2
15 September 18,2019. 2
W
16
17 Resolution 256-2019, adopting FEMA Technical Bulletin 8 Corrosion Protection for Metal Connector's in U)
18 Coastal Areas, dated June 2019, adopted September 18, 2019.
19
20 Ordinance 021-2020, amending Section 122-4(b)(4) to eliminate the ability for a manufactured/mobile home to
21 be placed at an elevation below base flood elevation, adopted on July 15, 2020.
22 0
23 Resolution 440-202 1, adopting FEMA Technical Bulletin 9 "Design and Construction Guidance for Breakaway U-
24 Walls Below Elevated Coastal Buildings"dated September 2021, adopted on November 17, 2021. CN CN
25
26
L)
27 111. PROPOSED COMPREHENSIVE PLAN AMENDMENTS
28 CN
29 Proposed Amendments are shown with deletions st+iekefi t4r-e and additions are t,videflined.
Ul)
30
31 Sec. 101-1. -Definitions. U
32 U0
33 The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed
34 to them in this section, except where the context clearly indicates a different meaning:
35
36
37 4pea hHERP-4 Opea mea-fts t4e la*d stibjeet to a e*e pefee*t of gfea+ef ehaftep -;C
38 fleeding in o oCN
y eaf=
39
40 E
41 wa& mea-fts walls of a-fty ee*stf+tetie* i*te*ded to eeilapse t1fldef stfess W44
42 jeepar-dizing t4e stmettir-al s"peft of t4e stmettir-e so t4at t4e impaet oft the stmettfr-e by abner-mally hi-gh
43 tides efwi*d dfi-,,e*wa+-
44
45
46 4,41-ev-,4-ea bHi"ii-g mea-fts a btfildi*g tha+ has its lowest floof Faised abe-,,e t4e gfett*d le-,,el
47 fatmdation walls, shear-walls, posts, pier-s, pilings, or-eeltifnns-.
48
49
50 94�",hes-� a6#aeeii� g-pade mea-fts t4e highest *attffal e1e-,,a+ie* of t4e gFetifld stfffaee, pfief
51 eenstmetion, ne*t to t4e proposed wails of a stmettir-e.
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3 Aqwes.�fiHqp mea-fts �he lowest e*elesed afea (i*eIttdi*g baseme*t) of a stf+iettife. A* tt*fi*ish
4 flood r-esistant efielestir-e, tisable solely f9r- par-king of vehieles, ktilding ffeess, or- area
5 e�hef�ha* a baseme*t afea, is*et ee*sidefed�he btfildi*g's lowest fleef,pfevided thft+Stfeh effelestffe fis
6 not ktilt so as to r-ender-t4e stmettir-e in viel4ien of t4e applieable fieneleva ion design 14
7 ehaptef 122.
8
9
10 Market valye n�cage III e,jr1ri Ce at wh i Ch a.PEE�)Jrjg -Efli -.jLids between a willi bij er and a
---------------------------------------- ------------------------- ---- _g�j�-- -------------------------------fl-9------Y-------------
11 will se ler I to blJy sle'll, or o-filen-Wise trarlsfer� and bofli having
im 1- '-f-e ---------------------------- ------------------------------------ -------------------------- 0
12 reasonable kir(,��tgjt� I
----------------------I
13 market vafi..ue o bt,� Idin and strtwtt,� (n,
"L, � h�!Lfi -file land and flier 0
-------------------------- ------L--------------------- ------
14 Market vafij(.1_maybg established �y -,-I �,jjjfjjed cerlified nde e Id -MI, alf a .1 Acttml Cash vah,u(_�
----------------------- ------ ----------------------- j --------------------- ------P__L__�_ L-1 20-1i--C-L----------------------------------
15 0 Cost dejr,21-eciated at��j !�j�-�Jjt of Corlstrgoi�!�Lj� - tax assessment vahle ad ijsted by W
------------ ------------------- ---------------------- ------------------------------------------ -------
16 -.-Ipjr nimate market valije, A ijr6forM -.-Ipjr jisal rep�lq �d
---- ---------- - -------------------------------------------------------- ---------- _PEg --by_ U)
17 c e r Ij I j e(I i n(I c sijbinitted_by -Ltj� a .,�J,.Itjcarlt may if"Ole FL lain Administrator 0
---------------------- --------------------------- --------------- -- ------------- -------------------------------
18 Considers, slj 11 1 (:I I gjr�,-�tt C clisal Consistent wi-fll ](:)Cal Consti-tw-fion Costs, A stnjojjre or bLIJI(fir )'t -
------------------------- �L -----------------------------------------------------------------------------------------------------------------Es------ - y
19 or bt,�ilt as a-vel ic e shall exch,�sivejy , �� by Kel ey Bft,ue Book or a
------------------------------------------- ----- ------------------------------- ---------------]�j- ------ --------I-- Bft,u �_
C�4AI A-a ][ jisal, alIg ons"Ll-go,jon Costs sijbinitiled b a own er to
2 ----------:-------------------------(: I- T E p %
---- ---- � sts ---Y___ . �Ltly-----------------
21 o re_ I I lain Administrator mt,�st be sa,�bndtted in the form of"a sworn or attested aff"i(hivit that shall be 0
----------------------------------------------------------------------------------------------------------------------------------------------------------- .2
22 knowl � e of the certif, i affiant and nnjst be notarized, Where ar -.jjs�.-Ij U_
R -----------------------Y_jLlz--------------------------------------------------------------- ----Lj J�E,_ N
23 i n( acce ted becai..se a be inconsistent with ](:)Cal Consti-twti :)n CoStS, the, a fl, N
-11-2L--------11--------------------- j r;2.12 sti_11i L----------------------- -------------------------------------- ------------------------
24 -by e dtfl at,ollorized I"he Cost of su'll cis
�w ��f �Tlderlt third 11, II.Y_11, Y
- ---------------- _jr��jg 2e-------------------ME A
25 ind 1 W,n -flie
V e '&__�-U�111-----------------------------------------------
_�Jew shall be b( rne_b __-fl Carl t, The re -aiser shall determine if"
------- --------------------------------- ---� __!-- - ------------------------
26 a.-jf �Cts ar a -ket valije of -file sti-twl't've, The revie Ing ig-t]e----------lw----ML� -------------------------------------------------------------------
27 N
-Y
N
28 rtr yj(le that JI, is, basc(I on the-ceftil' in affjaxrt'�; a,n(I must be notarize(I. Ui
-------------------------------------------------- ---------y---�2 j-- -------------- lYra:ktariC�dI
isa T,views__shal _be_r��Jt i c _to ess Certifications, as
----- -------------a -------I- ---- --�� g_1---- -----jr;2�2�_�----_________--_________--_________
30 state Certified residential a praisers-for-a ral"'Ing 1�� to foljr 1"imily n"id ��n I a] and s.uite U
-P ---- - -- --- -- - _gL.U�
-------------------------------------------- - ----- ----------------------- ------------------------ U
31 for all_ Commercial and
-------------- ---------------------- ------ ------------------------------------------------------------------------- 0
32 1 -,!,J[ M
ar _j )p-ajSIal_mjjj at� Xtra(M-di la assljmptjon fliat a bijilding sti-twtiji-e was as�jrl_g
---- --------- --- ------------- -------------------
----------- ----------- ----------------------- --- ------------
33 (hf a dal ior to a flood event nor a re,
�LPL done
34 d -file flood everL�)
L �jj ible for consideration or refief", A bijild' or stnjCtt've, I'llat
------------------------- ------------------------------------------------------------------!!is-----------------------------
35 was never law I
IJ ...f.,��ji]jt,ed in -file firs, shijj efigib issamnCe of
-------------------------- --------------------------------f.l ------ -IL-j"ol-------------------------i -11�
36
----------- - ---------- CN
37
38
39 National Geodetic Vertical Datum ewe (�-L L I _(NGVD 21 is a vertical control as corrected in 1929 E
- - ) , ,
40 used as a reference for establishing varying elevations wit4i*t4e fleedplai*.
41 <
42
43 North American Verfic / Dat in o I
�i, � verlical Control da-unn es-uibfished in
-------------------------------------- --------- e----------------------------------------------------------------
44 119911 tused as a reference for establishiM n eleva- -tons,-------- - -i--- ---
45
46
47 �iy arey n ean s fli e I an d slj, ➢e, I----t-o--_a-_or-l--- ��--'-C--e-r--lt---o-r-gi--ea--t-e--r--Ch-a-n--C-e---o- I
- --I-I-ood-i-r-1-
earl
48 49
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S.4.b
I Substantial improvement means any repair, reconstruction or improvement of a structure, the cost
2 of which equals or exceeds 50 percent of the pre-destruction market value of the structure, as dete- in-,,a
3 , either before the improvement or repair is started, or if
4 the structure has been damaged and is being restored, before the damage occurred. For the purposes of
5 this definition, substantial improvement is considered to occur when the first alteration of any wall,
6 ceiling, floor or other structural part of the building commences, whether or not that alteration affects
7 the external dimension of the structure. The term does not, however, include either:
8 (1)Any project for improvement of a structure to comply with existing state or local health, sanitary
9 or safety code specifications which are necessary solely to ensure safe living conditions; or
10 (2)Any alteration of a structure listed on the National Register of Historic Places,the state inventory
11 of historic places, or any inventory of local historic places. 0
12
13 2
14 2
15
16 U
17
18
19
CL
20 Watercourse means a channel, canal or streambed, either natural or manmade, which is involved in 'a
0
21 the accommodation of w<r:aer flees. _
22 * * * * * N
N
23
24 U
25 Chapter 122 FLOODPLAIN MANAGEMENT
26
27 ARTICLE 1. IN 1YEINE12AL
LO
28
29 Sec. 122 1. 1,"Yener al.
30 t w ��1NtW i uu�<bd �: "hall be kiriowri as _dllie A /ooc slain—��c���c���>��r�>�r� Orlin nce o S�oriro
31 M" ray r r_u r � r ref'(rrrre_(] to�aa,M"thi s_cha r ' u
32 (I1) ,1I11lhe2��v�,�oTIs' oI a IJs' �_I1'bg r s'I aII <bl ��� a��<bI ���v�I��1�u���u�a a��<ba �, ����➢��w �a��� ���� 2�<b���<b���d.
33 i-flli a y 6 �� i abdab i_<b <bm _� ���uu , �2 �euua �� g � u � a _a� a _ ,uuD ��v ,�� �6 �RD--„__d�����r�
li r aside rur�2�rovemerits, <b Sri uudr�r b M ad tl �atldbGb M a Gr MaadrVVr drG:h M atl�d(' atldbGb M r�_rr�G:hdelifi C M�atl C �C Md 34 -rd___ _____________
35 atl_dbG:h M o ��(�C� oli-f orM Gb� -YVVb� b M `a `ad VV� dVV C`a atl M- b�bdbC_`a d atld_atl (m
r �2�a from l A_ � r� �r aA�l ��r w� I c y° f� <b� u�a ,a b]]<ba�orl'���_�_�bf�I<b�_emeria������<b �uu�<b� duu����il��mes, N.
36 <x<___
37 and r��<b �uud<b� duu��ri bt_il& I ,-_i�rls lla-f orl �)1 r�_l�la emeri o a�b�riks' ��<b�������r� ,r-�---_<b_a�-� �<b- v-i--- --_`m.,.
38 irrlst'bllabfiorrl of swim��_�_iu� 2�� �:➢ , <b �i <b �y � a � v I2u . Via.
39 11 "', i" ,��<b�� b� - -a�� ���a��j �uur��uu�<ba�v��7 �a�� Via , I Iaeula
atlrrld shall b da k rri rrrMdGL atlC C GrVV Md drab �dC"�i sojbs abrroia l �� ej ��rd tl MC� �V!Jd all rrrItel rrC datld orrls atl1rld
40 _ _________ _________ _________ w_______ _________ ___ ______ ___ w____ _________ _____l__ _________ _________.
41 corrls rt iorrls o d��baa_,c iatl��der,_�"�oriroe_�G:bVV Ity-is, sljV w�(,� dL_ ��Gbdb��b M aC_`agt-b1rl Jrl datl1rig dGb �b�C_�_loss'
42 Ord' �aGu NC "Q� ('atl�d atl1rld satln�_C_dy lla zatlrd" �ba"l-L �N iorl of � G:h�C���C e]' C atl1rM��__ GUV(agM ��C Mdatl� ('aVbce�''_
43 _xa: ab� I _P!j. ��� x����_��, atn-e , fo I'lo���_1��ote ajorl ab�rl� r_ij_e abuld fll�_����I��<b��u��� l_a_�:�6_its tax base
44 a s a"brrl effect_(:a_(:1"JI(x (i r abrrld flood eVCa " all of whir it a dvCramC ly abd�C -a a---
45 I��C r ra�ll ;fir ll� �r ll __ � r Ia _ � �l u��_ _ha �� r' r_gLI. ttjQn is__trr_ynsurr�__the c��nlin e(I availa11illil
46 federala I��:od irlsanab�ric' ao c�:�r��l��fl ��r���<b��y ab ��j ,aaba� ����]I��� ,�����`�.uu�aba�������1uu���r��� Ia , ab ��� a�:�
47 � �: ark a__a � _1�uNic Ilea ,abd _a '_abrl _ � <b� _�6<b _D y_ ��rir dzirl I'loo _r�_labaer�_l��sse , irl,S�orlroe
48 ru.uu�d �� r �d ry�rydabdr�r Ord airs , rir<b2�aCr shall r�rl ably ��r�rry���rur�, ab�rld Cases duurair-� rabair�r air<bu�:
PC Staff Report Page 16 of 77
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Packet Pg.4388
Pa-!,J rvjj c or obstru�L ad
-----jj��jpljlpgses of".0lis, ch rgg-, It is, flie intent of"flie Board of"Coljrlty
--------------------- is_o�i�__iur�a�nt of
(:)1" -Ods, cha )ter be strictl to and erd"orced in order to
-------------------------- ------- -- ----- ---- ----- --I-------------------- y
- - -- ---- �j <bnd erd"or
maintain thef,,Q�jqty,�� (�L ,qj�j benefills, of' the National Hood Insurance PrQ- arn, The- - tj2
---------------------- ----------------------------------------------------------------------------- -1U---------------
4 flie flood load and flood m IT 1111'C'Ments, of_- - - -----------------------------
5 Florida Code and wi-Olin Monroe Coljnty Code
Florida ------------------------ --------- --- ------------------------------------------------------ ......
6 (-:)1-"--- ---------------- -C-----g ---------o--------bl--------n----------- -------- - ------ Ordin rlceS, i 1 re es ish itFI u re to
7
-
sa tFar jjIle j2!jbIjc- -.ire and to njnjnjzejj!jb d Irivate losses,- ------ --- ----------- ------------------------------------- -lic—an ---------------------
8
9 11) MjDimize of 'ervice (ft'l , 4 111!gs (:)I"
----------------------- - --- ------------------------------- ------------ ------- -----------------MW----L --------
10 floodi I
11 (2) &�qijjre flie ijse of --o----------mz-e--1-,i-,F-t--u-r-e---f-l-ood 0
12 aMa
0
13 G 1" 2
ad n t�g�tgj Vat ( n, i I sv�
3 -------- ------i-:)-- -- ------
14 11 o od d all m2sljon
- ----------- --------- ------- W
15
16 (4) NLaLlj�wi� --2 i L�� j��,j te r a tj o n of' flood hazard areas and shorefines, to minimize--.01C, U)
-- ;2� _Lit"
----------------------------------------------------------------------------------------------------------- ----- -----
rsr
17 nattFral and beneficial fiFfictions, of,flle flood
---------- ---------------------------------------------------------------------------
18 (5) mird n�i zCIA all�ag� 1 i c-an d-111-i-y-ate_taus r I i ti-e-s-an d-tFIJ-1-ill C,"Ll
19 (6) 1to][Iji--m----n--t-a---n---a---s-t--a--b--l-e----u-j--x---b--a-s-e--b -provi fun g -Olesoljrld ljse and devcjop!!u�Lt
20 -d
0
21 (7) Mjjrrnjze flie need I"or 1)jture o pijb� 1, . _Iic fiFfids, I"or flood control I ects, and resp�,� 1,,�g 11-
-------------------------------------------- ------------- ------------------------------------------TH)i---------------------1. L-
CN
22 to and-]!� C14
23 1-,, home btF fi d .0lat IS M a flood hazard a and
-Insan-C,pgt��Lltj�aj - n oti e - - -- --- -
------------ ---------- ---- -------------------------DEQ0 -------------- -- --------
24 (9) of".0 le National Flood
- -- -- - - - -- - - -- -11< - u<bdruuuu-<2
25 set I"on'll in Title Seoion 59,22,
-------------------------------
26 (.ij)_fo IF]st I III ctio IF] and Jintelirp!-etatioin. In the I Ler tj on all
........................ ........... CN
27 herein shall be considered as, mir ' -elnents and shall not be deemed to 1"orfel wal
-------------------------------------------------------------------L ---!-----------V-e-, LO
28 eliminate I I I d c(mdjtj(:)T all or r -.iLl � 11�2ELLs -L�! It to
�1- -�- y_L!�,!Igl -j! _i- ---j!!jL,- L------
-------------- -I---1-1 --- ----------- AIJ----iy -------
29 Florida law, ' cl a m �jtl i-,i1g.�'y lire of-Ole residents, of'arld_g
Florida -:�Kc---------------------------------------------- U
30 visitors, and u
---------------- bc --------1'.11 -jig ----- ------- 0
31 i Llt_FJIL�tallon and consti-tFction of'-Ods, c shall be constrt,Fed in 1"iVor (:)I" Monroe-Col,.Fnty
----------- ------------------------------------------- -------------------------------------------------------------------- ---------
32 saFC11 consti-tFolon am i m J v C,
----------------------------------- n I L-�2 M L�-�1 s,I i-a-1-1 b c c r i c a a,1, w gj� T I--a-d-V-( ,-a I-i a a I I�ir d 1-a
33 1ki 4 �jr
L-21 211�
34 im Deference. The Board (:)I" ("(:11int sl ati v finds, .0lat -Ole
1-1 1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1- - -1-1-Y. M�............... --MA.................. -Y..............
35 cons"I'l-tFolon (:)I" .0lis, I a[ a,
gg _b � �artment or (: 11"i c I I ed with its, administration
----------------------------------- -L --Y -- --�jq--------------------- ---------------------------------------------
36 i or erd"orcement shall be I IV N
n ed-to- a]
37 adlldnis,-� '11, 1 -.-Ipjr -.jEld that saFC11 adminis"tra-6ve
-------------11i I�KLPM� -----9-- --- ---- ---- ------------ - ---------------------------------------------- E ll on s 'tic(38 i s hotfld not be modified or overtt,Frne(Uy - �,itillinistrative n- or cot,Frt
--------------------------------------------------------------- ---------------------------- - ---------------------
39 (: 1" T1, tFrisdiction tFnjess clearly � , 11" saFC11 admstrative stal"I" lntcm,p!!�v-
2--- I ------------------- --g-L -----------------------------------------------------------
----- ------------ ---------
40 within and reisonable inter T1 ot cl I and shotfld be
cc
----------------- - - - -- - - - ------------eany------------------------------------------
41 a I fi 1-med,
42 oordination with the Moriely is, intended to be administered and
43 en-1"orced tFri-c-6-on--wifli—fll-e---Florida— 111 e I oad--an(L-11-ood--res"i svmn-t
44 constrt,Fc, mts (:)I"flie Florida ffifildim.�,, Code shall ]p.f,.�jv -L�! -.-ffl
-- ---------- ------------------------------------------------ ---------------------- --- ouuuvam
'I'llat are r -.1.fill 1_gt�y_fl!j��!Jlj�azard area, Where cited in this., cha r ASCT,'
o.(< aauv ------- ------------
46
47 W` -in.y-u--Li1fljct between this-chargg- and flie Florida B?fildil?g�'Ldg,-[,jjg more restrictive is, deemed
-------------------------- -------]. -1---------------------------------------- - ----------------------------------------------
48
PC Staff Report Page 17 of 77
File 4 2019-093 1 Packet Pg.4389
I I 1 11, .............. 121........... hi s ,
(.O--!--1-Eovisio iris to tw ( umulative to Otheii- ( o Fit 0ii-dinaince's_aIrld, Reg i]kij�ij
...............................................................................J-1 Y...........
2 s� �g sedes an ol-dinance flation in eff�ct fo]- n,�LvLjn flood Ilazal-d
L--------------Y---------------------- ------------------------------------------ --------------------------
3 ai-(mS1,_bi.FI,oflien-wise is, intended to be administen-ed and
---- --------- . enfolce-dlrl COTI I-t-F--r-c--t---onwiIl-1--a-n--d-----tr-i-n--t---a--t--ve
---------c-------- ____- _______-_in fined to and d VCh:) ---Ii -
5 ol-dinaric (:�n s-oi--flie-Flor-i 1�k cl a I,
--------------
6 not ,
--------ev------L-L-2---- ofllen- existin Lcotrn of-dinance of-IC-12�rlatjon in an W-1v
-------------------------L----------ily------------------------- �L--------------------�y ---
7 connicts. When-e Ijien-e is, a conflict 0) mllffement and a
---------------------------------------------------------------i --- --------------L T� llff _��
'sm�--,,i 1",
in Illis, c1m, ite -I Jfjc shall be ficable, To flie extent of
--------------------- ---------------- -----------------------
9 between T 11 1 -Iment and ano-Ille "J -L�mj� I a!��mt of Illis,
--�iaUMiY-il 1M------------------------------ Aa� -----------------
10 1 i n v - 1( v I S11 Orl m e 1-estl-1 C-6
--------------------------------------------------------------- --- ---- L-
0
11
------------------------------------------------------------- --------- ----------------I---------------------------------
12 shall
--- ------------------- 0
13 (i)jjfect of State and Fedeii-al Laws. 11" 1 stite, (:)I- feden-,-d him,whethem- existing -.-Ij, -Ljig time of I'llis, 2
�h all
------------------------------ -- ----------------------
14 ve d of e of,en acted afilef,i I's effe ctj ve d i s,a, 2
----------------------------------------------------------------------------- ......p ............ j2E�I�jhjl,�
----- -------- w
g 15 1-estl-icts --c Ille 1(it, i, a fifie s, 111(mi-lin , JR� tj an�C sq
1 1 un, --------------------------------g --e-- ------K -------- ---- -----------------y---
16 -ement of I
Il jp!-�Llv i S11 Orl-01,ITI(nji'l----------------Illis, clla]pIL��j- shall be intenjIl-,�-Lg -.iLl nir istel-ed
--- - ---------------------- -------- ---------- --------- ------------- ----------------------
17 and enfol-ced to Ille maximtrin exter
lldr,�
------------------------------------------------------------- n
18
----------------------- - ----- -Y-12-(1 ------------------------------------------------- --- ------------------
19 atrfllol-izi (:)I- commanding tr d i n 1-tte-d-11!L
- I ii-&- - -- - -- -------- lit
20 of M Cessation ofa � Kal of a6o-
--------------- ------- -- ----------------------- -------- ------ ----------- 0
21 it'n M -ifli Uri CIl on ji-I chr(firig �2� n (:)I- ofllen- foymsn ,
---------- IU g --------- ------------- , �atlaC jr -1--g[j(:-Tl-------------------------------
N
22 fhmn a cotri-Lof av!, tri-is, i I 1-tr][ -,ds �I,all()Tl 01"111-ima fi-wig_ evidence N
--------------- --------------------------------
23 of
24 --N --Wait/e--i-i------- --s-e--s-s--e--s--d- -sm-e-t- -o--n---t-o---e--n---fol-c--e--I-'l-l-i--,---- - ---I
ces
25 th ,ion containe
-------------- -------
26 not be deemed a Ilig (�L-!J]L�� 7 to enfol-ce Ill"',
---------------- ------- ------------------------------------------- ---- ------- ----- ------------------------12 N
27
LO
28 y it of Illis, cha them-ex is, held to be invalid oi-
---------- - -- --- --------------------- -------------------------------------------
29 LFTWITIfoi-ceab e by I _�-jpy -, � I .Y
_q,�jjj�i n i sti-ati v e 11 eal-i rig n- (:)I-cotrl-t of Con etent tryi',(JCIJ Ille, invafidiI
--------------------------- ---------------------------- -�ffjj-ce---------------------------q�--------- ---------------gtL--------------------- - U
30 --a___trnenf(:,j�c -��jb ity I` sarch tllen-exlf shall neithen- findt nol- i I'lle U
--------- -------------JIL(- --I------------------------ --------------------------------------------1-- . � ---------
0
31 Cpn'atl -Ceabi IY (:�1---v-,Ai(1jIY nnalmn -601`1(,"jjfl��g--�!,�L, --!If any 'tig -ovision IM
----- ------------ -f��21------- - ----- -- -------------
32 ofthischa )ten-, All all othen- Cha )tel�shall contmt,wl
1, - --------------------------
---------------- ---------------------------- ---------------------------------- ----------1
33 t--r-i--I-- - P.-I-I-l--x-x-��-1--n---1-"-tr---I---f-ol----c---e-----a---n----dj----e---f--f-d-c--t
34 pjA�11IF]IFg -- ]L g1 ee oI"I -�)d-11 -
'a ----1----LIJ---e-d-1- - h--',-C--I-l--�bjtel and hLlo"Jda
ininarm 35 ffifildit e I] aGa----------- --------------------------------------- ------------- N
36 1,()acc011 sh Ille intent an d Isiden-mions,
.1, llen-ein and is based �
- ------------------------ -��-aaacor-------------- --------------------------- --------- ------------------------
37 Ilayg���Elt�l!l�l,���._,,,,-�,ri-arl-(]-W-i-]-I--(:)C-Cl�,�l-,---I�,]-(:)(:)(1 I Ij Ilts, and flood elated , I L"111" b
38 a- E
---------------b-1ed-
39 land flood hazal-d al-ea of Iliat sti-trcltri-es, (:)I- trses atrfllol-ized andj2g llitted
-------------------- ---- --------------------------_ _ _-- --- -------------------------------__ _------------____--------- ------ -11---------
40 wi-Illin sarch flood hazal-d fi-om The flood Ilazal-d al-eas and��tgl�lggg he food
base flood elevmions corvuilned in Ill e Flood Insarl-ance sljjdy ood-]n sarl-an ce E atemgp",
42 and Ille Xi by
frfD
----------------------------- -- -------- -- --- ----------- -------------------------- ----- ----(--- ---
43 Il I e ot, Ly to I---ev--I se ICI i S an d------- -------------- - - --------
44 I-egqta-Ijons, to in Ille National Flood Insarl-ance In and its,
--- ---------------------------- ------------------------------------------------------------------a -----------------
45 benefits, tr s ftrttrl-e tr se, i s in U�jj ed (:)I-
t -ab --- �L -9------- ----------------------------- ----------
46 -(:)-1"-(:)]---c on1111 i an ce-W i Ill-Ill-i s-Al-a.vtem-,
47 (L)_N _1ja[11l ---------I--Ill
ch-- pLIj---sha--l-l--n-o-t--u--e-a-t-e-- bility jp�
------------------------------ -------------j---n--en-s
48 )fmonlo - ly. si
PC -
Staff Report Page 18 of 77
File 4 2019-093 1 Packet Pg.4390
I t(: lion wi-01 -Ods, 1,�
------- -------------------------ch m ,----uu y------------------------------
2 -t' --Cla � ) 11-t�jsl---]pter shall not be deemed to have waived'-for-flie cot,v➢t or for its, officer,,-(:r e -
�11
---------------------------- --------
3 Ijy "x e I ag"jinst
4 �tltl-y slijit caljse of actJOTI,demand or I I ty,
------------------------- ----------------------i-a-b-i-I
5
6 Sec, 11 C
1i.111,1.,211JO Y.
7 (jij..A p p fliere is, a conflict a sr �.,Jfjc
---jLY-------- ------ ------------------------------------------------ -- --------------------------pL -------
8 req!�j I Ten�enL-.01 - sl -1 1 -1 -ITO,shafl_be a ) flicable,
--- ------------ ----�- ;2L ---!�-LVJEM!(------------- -------j,.-j---------------
9 which this chapt�, ippj� This, flood hazard areas wi-Olin flie
----------------- ------ -------- - - ---- --------------------------------------------------
10 -ated areas of ✓Monroe COUT as, established in section 11 22�-2-(��,j
Ly s�m ------L !j-
i i (g)..plijis for estm,)i�io,iing flood Focus Area Ma !fAMIJ.njt�.Focus Airea 0
12 BuEer-s--�,7nd Federall Pirotecl S ies Airea Real Estate ies Assessmeni a in
............... 0
13 (",'illides
14
E.,
-Fjood Inst'n-a c e stud y LIL�lg I ti g,-Lg�L 2
--- -----------------11--------------- - w
15 Flood Insan-ance Rat-1-ma reference as, tids, char-!,g ., shall be
---------------------------------- - -----0- -�y------------------------- --�IL- -----------p -1 --------------
16 kc j-j�jtjjj � available to T T U)
-,I I flie offices, of flie-Co1jrol - jdj 1� and sh'-fl]
--------------------------- ---------------------------------- -------- J�]�jj-------!,-!- ------------------------
17 4 flood hazard areas, Amendments and re isjons-b---------------------------------------------------------------------y----------- --
18 Letters—ot,Mau l)-CII all s, J-he--retcd n ed_by fllg� -jy - tifized
-- ----- �7-oijn _j��LIA-Jj-----------
19 1 o r I I I d P 11 1 t�tl-g .0 11 s, C I I Ll I(�,S, a n d la,-�p s,ta b I I s,I I I I o o d I I a z a r d a re a s, s,I I a I I b e
---------- ------- ---- ----- ------- --------------------------------------------- -------- -----
20 on file at flie offices, of flie -,-!, tll�ent, 0
----------------------------------------------------- -------- ------ 0
21
22 N
ClIa N
-------------- --- --------g-111L --
23 a, spgcjes focljs arcm spgcjes focljs area btfl"feis, an s, ecies, real estate
-------------------------------------------d---P---------------------------
24 t, FTNA and flie U,S, Fish and Wildlife service 02 �� sir S,--------------------------------------------------------------------------------------
25 M-11 a to 1j] 30�20 1111 a fi
---L-- M-10- --------------------------- -------- g t_Ajr--------- --------------�-t-----!�
26 of real estate n1fln be],S-of ,� 1. ---, ]I to Monroe Coijrlty gLi,�t.�t,,qed Novem bel
------------------------------------- ----- 1, -(.�j------ 1 ---------------------------------------j ----------------------- CN
27 118 20 111 diat are wi-Odn flie SFAMs and fliat have been identified b FWS, The SFAMs and
J I ist uddiOdnflid y---------------------------------------- LO
28 flie R 1-1, fist'LlIal,are w ifldn flie SF Aida, identifie i Div--y-dada-----------------------------------------------------------RLI
29 %�injOrLdated_A pi-I 3 2 110, as, amended Decem �1 L4 2 110 a h -Ireb declar-ed--to-be-a
-- ------ --------- ----1. --1--- Q----- -----------------------------------tl�� -- -------f!---- ------y----------- u
30 f2al-1, of-Ods, The SFAMs and R F' fist are on file at flie M(:)n1-(:)e-C(:)1,.ffqy 'Li g u
----------------------- -------------------------------------------------------------------------------------- -------- 0
31 Grow-01 Ma - 'ement Division Office,--------------------Lt�qg'emd�u_D Division
SI---_ ddddda,----------------------- ------------------------- 16dd-dam
--
33 e n--a-d-(:)f2ted flic SM
-- -------------
34 sej,.L�,g�lj!b L 3,20112, FFNA and flie of SAGs to Monroe C It
- -------------- ------------------------------ -------------------------------------------------------
35
N
to k 36 be reviewed ij-6fizing, 1j"IMA/1'"IS SAG These SAGs are declared------------------------- - -----------------------------------------------------
37 s "OU The SAGs, are on file aj, the Monroe C office and the
------------------------------------------------------------------------- ----------------------------- E
ddd
ad<u
38 Monroe Coljro, Division Office,
-- --------------------- ----------- ---- g------------M�-------------------------
39 (ij) tipilglission of additional data to estat)fish good hazard areas. To estiblish flood hazard areaSl
....................................................................................................................................................................................................................................................................................................................
40 and base flood elevati(:ns
-------------------------------------- Flo qr
ass
----------- ------ - --------
41 sijbinission of additional da-uj, Where field I Jda
------------------------------------------------------------------------------------------- -PEg �L-�Y-� -----
42 ]1 m , Administrator
-------------- ------------------------ jJ.&L—!----2 .... . ------------------------------
43 indicates, fllat gm!jnd -Yations-
44 (11) Add-_ (Jow flie C1 oSICISIt j�gjjjj I cab]e base flood elevatiorl CIVCM M al,eas not defineated --s' -s )ecial
-- - - -- - - - - - - -- - --- - - L-a---a- -.f-----------
45 1 R M—flie-area-shal Ub-e-con-si Area
46 of-Olds c a][ a C, ents, of flie Florida Bu gx.�'Odc,,_ 11 ;2t e� -01 i dill
-------------------------- ------ -- --------- ------------------------------------------------------ --------
47 (2) AL� -.1_gbove flie clos, t a pflcable base flood elevatiorl,flie area shall be I t'd asg��Cjal flood C,S, P -euy ated
------------------------- ----------- ----------------------------- —---------------- _ _d
48 hazard area 1..mless -0Ie_gjUjtjcant obtains, a Letter of Mju� -emoves flie area fi-om flie
------------------------------------- - ----------------------------------------- -------------------------------------------
PC Staff Report Page 19 of 77
File 4 2019-093 1 Packet Pg.4391
I speci a]ILood I azal-d_al-ea,
2 IFL_a in d ijgL, i i ictio iris. This C j[,!-!, `�a (iuuatLu in eff�ct fo]-
3 1 A(:pl!-� l-t--i-n---floo-d--I-l-az-a-l--d--a-l-e--a--s--,-----owe-v--e=l-1-I-t---I-s--n---o-t----n--t-e--r-l-d-ed--o-I-- ][ mt -,Ib
4 sbtl y inchrdin btrt not limited to
-------- ---Z-o-n-111 g
5 ------------------------------I-- ----I ---------------------------------
I flie event of a
ns, oi- flie Florida Bfildi In
6 conflict between -Ods, cha I�J o a('IL----------------------------------------- - fllel- ol-di
7
8 Sec. 122 3. -- Defi in itio iris.
9 The 1"oflowin wol- J!Egsles and tenn s, sllafl� fo]- flie ex chr� of lis- ] jr "I" flie
----------------------g-------L -------------------------------- --------- --------------------PP i� -------------Cl --------
10 I_y,, shown in fllis, section, wllel-e sarch and tenns al-e not---------------------------------------------------------------------------- -----------------------------------
11 defined in .0lis, b" 0
and al-e defined in flie Florida ffifildit U�, de,sarch tenns, s"llall
----------------------- - ----------------------------------------------------------------- ----2----- ------------------- -------------------
Id tenns 12 have-flie IiD_ea_nb!mS_asui �L 0
13 ai-e not defined in -Ods, flle Florida Bt_� IL -flig S)Im-ty �olfize flle ------I�,ed 2
&L ador)
14 definitions, wi-Olin Cha )tcn- 110 11 of flie Monl-oe Land Devel ment Code, 11"flie definitions, of 2
---------------------- - ---- --I------------------------------------------- ) i w LLIY----------------------u------------------------------------------------------
15 tenns al-e notwi-Olin flie Land -ds jpj!L'isjg��", tenns,
-------------------------------------------------------------- Vol,---------- -- ----------
16 sha,ll have of'(fing, a,, I I q,�iLt��,ontext and the context ol'Ifi,j2ana�L�n and ' I ,Q
----------------------------dty -- Dj�2 ---------------------------------------------- --------11�112MKL� -2
17 s"I'11.1c'I'L1i-al
18
19 A esso
T 'ans, a s"I'l-trcl,tri-e fliat is, located on flie sa I e (:)I- on a co , L�Iqs�
--------1, �,L_ _11�g-----------------------------------------------------------------I Pi---P� _�------------------- _jh
20 'I'llat is trndel-flie same (:)WTI n-ski )-as, flle and flie trse of"which is, sarboi-dinate to and 0
- - - 1. - - _ _ - - - - - ____ - __ 0
21 incidental to flie trse of flie-pl-inc' a] stnrcttri-e, ACUISI,��L!Ly shotrId constittrte a minimal M
----------------------------------------------- - ------M-------------------------------- --- - - -----------------------------------------------------
N
22 initial in V estil jill u ited to trse and trsed fo]- lurman N
---------------------------- ----------------------------- -------- ----------------------------
23 habitation 112,�_, _Mti ---------------- y
,-a id mtrst be d have minimal I'lood dam a], F"'N I rl!gn', of accessol
---------------- --i----------------------- - ------------------------------------------- I ----------a_l_j --------
24 stl-trcttrl-es al-e two- cal. dc�ltaclled st a�, Y�-� a'L'�J------------------------------------------------------
i e 1-ull---- I on a]25 n ot i n cl tr( , . �b -1
at I s,i d
26 N
27 A ace it native habitat means, an ai-ea of native habitat sha _g a -.j.(,
-------------------------------------------------------------------------------------
28
29 intel-venin -]-(: a 1-ig !-(2 -!M�,-Ly �asement shall not_destn: t a I a 'e 1U., abitat, Howevei-
----------------- _L --- ----------------------------- ---------2y---tl��--- --L .. ---------------------- U
30 JS--- watcn- shall constittrte a bi-eak in ad' u
0
31
32 A,141 - 4-m-e--a-n---s--a---s-t-a--n--d--a-d---t--i-t-l-e--d---F---l-o--o-d---R----s--is--t-an--t--- --- -on-s---r-t--c--tion-fl-a--t---s-,----e-f-e-R---.I---c-e--i b --fl--i-e-
33 Floridda
--------------ffi-- fi& rvr, ---C--o--d--e------A----S--(-"-1-1----,----4-----s,--d--e-ve----o:-j.gs!
--------- ---y--fl---e---A----e-----c--a--n--- J_�-ly LSIVI
34 j-"Aglill ------- --------
35
N
36 Bas,(.
�jjjg�jtjs, a flood xn-cent ch"inc (:)I i-exceeded in I
-------- ----------------------- ------------------------------------ ------------------------
37 The base flood is commor I I-efen-ed to "is, flie 1100- eax, flood" of the-,j - cluance 0
Y__ -:y------------------------------ -- --j2------------------------------------ E
38 11
39
40 1 z-,, elevition offlie base 1'h:)(:)dJnChrdjLI�,W,��Vej!�J�at�L J�]tjve to
-- ----- --------------------------------------------------- g---- ---- _L� -----------
41 Ill e-N ill on Cal-L)attrn V car,-V ALSAYDI�!L!Ah!.
42 mul
43
44 ofi btrjldingjjj�±�&Jts flooi-sarb_ ade (21j 111jittsides"
---------------- -- -------------- ------------------------- --------------------z------- ----------
45
46
47 �AILL 20_lfl_")ast wifllotrt In- i C "j's,1"j] a - -"-j-i-e--"-j-'s--,--I-n---a---c--o--i-s-t--i--]--A----z--o-n- I e-- t-r---c--e-
48
PC Staff Report Page 20 of 77
File 4 2019-093 1 Packet Pg.4392
�
|
2
3Action j
4
5 Coas'la/ h�,,,h &17yrd arey mearls-a s1jr Ilazard area e terldin 4 fi-om o 11""Ill ore to -Ole inland
6
7 acti
8
9
|0
-Ole flood associated J-01 -Ole 0
||
|2 (Il Area i
|3 Af,ea,_dgj_gU_qt�,,��t,, a, flood hazard area, on the communijy, s, flood hazqr I rnq of, otherwisw 2
|4 2
w
�
|5 .
|6
|7 ----------------
|8 Zone AQ� -Ole desljg� jevation shall be the elevation of flie Ili I al-121g.g ade of -Ole
|9 -,,,�Jrjed on the flood hazardjn�jp, In areas
20
2|
22 CN
CN
23 .c
�
24
25
z�
26
27LO
^�
28
r
29 r
30 flood hazard 3| � ��
�
32 mw
33Is the
34
�
3� Certificate
w
36
37
38
39orl-wall s"j"llear wall"
40 <
4|
42E access,
43
44
45
46 �
47
48
PC8tuffDuport Page 21oI77
File#20|9'093 1 Packet Pg.4393
I for-wh i ch JjI_e__C_oTu,,tru C-6 fcwi I ili -1 e-11_an are-
2 to be affixe(L(inch,xii - -11 -2, 1 1 mtnn flie im"tallation of Ij.6Ijtj(n,�, ,,�2LI"tnjctjon of �,,treet"�,and
-1nin!---------I--------------------------------------------- - ----------------------------- --------
3 eifller finalj"ite-gading njn o a,(h; e I"ore .1 ij n e 115, 11973,
------------------ ------ - -------- -- ------g---- m ---- �jtapj�� ------------------------ -----------
4
5 Federal A'ITI r,
.-! J) �am; flie fed n- I -�g in addition to
--------- ---------- 11�e------j---------------------- - -- - -------------------------
6 oljt oflier ft,V flie National Hood lma,vanUl -o�
_21L--------------------LI--------- -----------------------------------------------------------------------PI---g
7
8 Flood or )odi Uv 1 g I j��L"�t oI �E in1jr1dation of
a
------------------- -- - - ------------------------
9 n!2ani]yAky-himiltoln,
10 11) The overflow Of inland or tidal waten",
----------------------------------------------------------------
11 (2) 0
12
0
n ate a fll�,,,a 13 Flood dy ynt materials, meanS, arly--�'ll�it�"I-�a!�"I'll!�)fl--I �Ijrect
--------------- ---------------------------------------- - ---- - -------
14 an d act wi-01 floodwaten" wiflio L
more .01 1
------ - ------------------------------------------------ w
15 cor,me6c
16 U)
17 Flood&17 fur area n�ean�', .01 el
Z _g mter of flie foll
--------------- ------------------------------ a to
"I, --I, � o I I loodin I 'I'Ll IRL
18 11) 'I-h-e-area-wi-O__i-n_aja�jdjjj�.-jjn_�t,bje�_ -----------------IUL_� Y_M_�I
19 (2) ,I,__Il()(_)_(J__h_a,zar(J---a,f,ea,-on--I,he--(,,-oi-n-i-niinil.1y'�,--Il-oo(]--ha,za,f,(I map, lauCL
20 ofllerwi a,,ejew4dj a
a 't
0
.2
21 U_
o I I icial I offlie comf Ly flie Federal N
22 Floodlas"uranc N
-------------------------- --------- - - ---------------------- ---------------------] Ij-n-i-- _�Itl��Kjljcll--------------------
23 C.y--- ecial flood hazard arem, and flierkk
----------- ------------- -------- -P------------------------------------------------------------------
24 a ficable to flie COMMLITI U
I Y------------------------------------- - ---
25
26 Flood las"urancc 4---IL
I LL��L,�L Y L-1] flie officiaLremm-t--l' (Iyi�t by -Ljjg Federal F"I CN
-------------------------- - --- - --- - __ f. � - m ---------- --------------------
27 th"it contaim" flie Flood Im"t'n-ance Rate a--------------------------------------------------------------------------- LO
28 !'loodwa.y a -0 e water �,a.vfcwe elevatiom; of flie baSle fl('IL)iL an Ing
Me)_
------------ --- --- ----- ---1-------------------------------------------------------------------- ---- ----
29 tc�lcllrlical data,
U
30 U
0
31 FhL�d lain Admini,s,trator meam; flie offi", d e�',j g�,j,Lg allit flie
----- r-------------------------------------------------------------------- --- ------- --i (
�adminktration and enforcement of-flik, The term "Floodplain Adrnjnj�',IIf,aIIor" �;hajl be
------------------------------------------------------------ --------------;2- ---------------------------------- ------------------------------------------------
33 h h-,.term th "11 o( dfdaj n M ang()gr
------------------------- a, a
34
35 Fh u(�, lain deveh?pLt�L!L�L�, or yj ��4 wl�',an o I fj Cj a] d oclj 11�ent or cerd fi C ate j�',�',Ij ed----------------- -------- _11�e--------------------------------------------------------------------------
N
36 ba_lha CO other evidence I a ) )nnal or conctn-ren g Which at,oju: 1] 1 01, )1- zcn;_J!�L L -
------------------------------- -1-----21------------------------------�L---- ------------------------------- Lr_
37 ecific deveh:j m Iactivilicn; I'llat are, Jocatcxl -d are that are determined to be
P I in flood hazai �m, and
---------------------------------------------------------------------------------------------------------------------------------- E
38
39
40 Florida n�am; flie fcul J1 of codcn; flie Florida l3t,61(fing de , -
-------------- - ------2------iLMI-L- --------------------- ------------- ------------ -------------------------------------
41 CI Tic j�,k�u- �tl -----------------------
,OMMN,�', on� I _g [,tig Florida ffifi&&�,�,f 'ifil ?g Florida ffifildit
---------------L!---- ------- _jj--------- ________ _______________
42 Florida Rui Code Florida ffifil Mech i ic Florida Ru i
---------------------2ALa.,
43 U(w(&, lrarvrlaaaa Florida ffifi F'riel Gas',
----------------------�(A_ ------------------
44
45 'u,s'e me"im" a Which ca n I
--------------------- - -----------------------------------------------n---M, P g r j u; in-te n d e d p1jEf ljLl j t Jr
46 located or Cirried ot,o, I _CI I dll ate I lch,u rd "ici----fi-tic-n; ac--- --- -
47 ------------- 1agJ-n- --o-b Islla"r -e- mg- _P--b--ij--i-l-d-i-n- t�tp
48 ITI
Rail, term doe�,, not inch,xie 1"icifiticn,"
------------------ -------------------------------------------- -------------------- L----------------
PC Staff Report Page 22 of 77
File 4 2019-093 1 Packet Pg.4394
1
2 1-1 1 ruit1jrj] elevation of -Ole 1�� "j, to
2--- ------------------------------------------------- 1�2!jL �t!�!,h ---In ------
3 Com"I'l-twtion next to .01 jpLopg�,,jg
-------------------------------------
4
5 1-1i's'lork, 's,tructure meam" any fliat k, deterildried �jj ible for -Ole (IN (3 Ille flood
----------------------- ------------------------ ------------------------------- ------------------------- -----------------
6 hazard ar of flie Florida Ruildi gy. ------------
11 lit y.ffifildit g,,
---------------------------------------------- --j- ------ J-2--1------------
7 1 1(ing" ` - ----g
3 t,�i i offlik, c p-_�,j a liktoric bl..� Win '
- - ---- --- Hial------------------------- J,
8 tO be ejj�,Jble for fi� , i in flie National
------------ ------------------------ g---------------- - -a------------------------------ -----------
9 Place or
----IiL-----
10 "ted i wi-Olin a National I -kter of 1-1ktoric Plaun', fi� j
--------------------------------------------- - ----------------------------------------------I-- --------- 0
1c-PE%1�_� Ily---lj-r-d--e--r---a-n-- o ficial--Inn,m------I P--! uLl .y "if - - --d-k--t-]--l-C--t--or----,-,L-a--t-e
12 -
d(n"i -I njaw ordinance or eiflier individijally a �,—!vL!jbLJI,M .L)MLIS� In-�----a-------------------------------------------------------------------------- - - ----------R.12
13 -ovj(jed -Ole ](:)Cal r )g-Mi! -.-!J�in -Ole d(n,", 'I,�!�In roved ��P�.-!,rtment
-------------1,g
--------------------- ----------- -----------
14 of-Ole Iry uurr.- 01,
w
15 (j, JbI _b flie Florida S-uite 1-1ktoric Prcn,,ervatjon Of _I'or-fi in -Ole
---------------------- ------------------------------------------------------------------------------------ ----- ---- --------- ----
bijt -16 Nat nal-Re �,,ter of Hi C-PI accn,,�-(J-0ler JTI �Lgjg I�y -.i U)
- lu - - -- ----- -
17 dktrict,
18
19 or'y's'e meam" a or .0lat k, not a ](�Wjj or IcIal m, defined in
----------I----------------------------------------------------------- p
----------- ------------ ---------------------- -------------------------------I
20 J�,,-CllamtLn,, 0
21 U-
CN
22 L al's,tructure meam" a .01 u,ed t,mder t1w, in gjl, Ct at-Ole C14
-------------------------------------------- V�L� der. --- ---------------------------------
23 Illne Com"I'l-twIlon Commenced on flie �,,trtwtt,n-e in I-L', Ctn-rent w and recei ed aa 11111-t-or
--------------------- --------------------------------------------------------------------------------- ----------------------K-----i Xg
le in i-u,, Ctn-rent C(:n I"
24 fi a] r Ceril fi Cate C
-2---- ---------------------
25
26
--------------------------------------------- ------------ Lg ----------------------------------------------------------- N
27 on 111 e-P11�)pg1jy,
UI)
28
29 L-------- -Ula-ve-A-c-lion-111-ean FIRM Cate I-an-d—I ill i-t-ol"Ille 11 U
- �,!I - r, 1110 —
30 z Ij I , L �z -f-LL- w -gliji-i-na-flie-ba---------- 0
31
32 Limiled L)-
s, ��gxe -j-n-Cj.j,.)aj a,,tnjc ujre,
--------------- -1-- ----------- jp! ---------------------!"a ----
33 a `,,Ilot fld be fimited to iteim; a,,ijch m, Jawn arldga
34 1--arld ofl I er I ow da I ID-az i te I 1 .0 1 a t- I rl-o-t LI 1�T________II I-0-0 d d -11 a�M I Dorm �
35 Convenier
to the elevated TI C v I 01 �t�jj g_, an-an w e-jig � (�E--i'lood im, N
36 and contervu; below flie bme flood elevation k, v n-jin-jted,
37
E
38 L we meam" an official determination k,�,,Ijed fliat alnemh; or
-2-------------------------------------------------------------------- .. ---------------------------
y--- �IUYU!v-f
39 revkcn; an eff,1Ctive Flood lma,vanc(L R SAId , Lu��
- - ------------ _ _
inchxie-� <
41 Amendment an all�en(ill�ent bmed on techn j Cal da,uj, ,h owirl
I---------------------- - ---------------------------------------------------------------------------------I
42 fliat jnCorrgi,,,-Lj�y inch,xied in a flood hazard area, A LOMA
--------- ----------(1 (_ jyn h,x -- --------------------------------------------------------
43 amen(h" -Ole Ctn-rent effective Flood lma,vance Rat(L-M,-�p fliata ,q��.�cjfjc
----------------------------------------------------------------------------------------- ---------------------------------- --------
44 1�,, not located in a ",R �Cjal flood hazard area,
L�)J! y� - ------------------------------------------------ - g-------------------------------------
45 -i)-u eanw ,,-a--revj a,,j on ed—o-n-tech n i Cal--d al,a--fll at-11 1 ay-J;llow�
46 Ch, ) i flood hazard area bot,mdarign; and flo(: (wa-
---------------------------------------------------------------------------
47 deli r
48 cal-L.Iter Revi,s,ion Bas,ed on Fill Ing- ea a fluat a or
--- ------ -�LM i----------------------------------------- �) 1111auu11, ab
Staff Report Page 23 of 77
File 4 2019-093 1 Packet Pg.4395
I fr'-a r--c-e-I--o-I-"--I-a-nd--I--a---,--b--ee n----e--I-e-v-a--ted--by--1]11--a-b-o-y-e---0 1 e-ba s-e--II o od- t-o n-a T!d--J-� t I-e I
2 3 ---e---I-'-l-]--m---s-t--ha v e_bee----
--(-- --in--- - ---------------w-ith--th-e-_corn---r-n--un-fl--
y'-� lbigdatka
4 IM T - ons" ---
-- ---------
5 i, i )
6 1 fies, With -Ole ndnimtnn
UMU 1-2L-2-------- ----------------------------------------
7 N I r
uj�LIILIne u, I :)]-sawll wi-Ol res, �Ctto defineation of s, ecial flood Ilazard areas",
----------------------- ----------------Pg---------------------------------P�_cial floo��,Ilaz
Flood lnsa,vance-sLt �L
----------------------------------------------------------------------------------------- - ----- -------------------------------- ---
9 1. on sijbnjssj(:n-a Id a a�lj i or
--------------------- --�!U�- ------------------------------------------------------ - ------
10 in be ksa,� b
11 -a- ------------- --y----- -------------------------------------------------------- 0
z
12 L hi UI LLY-vehicle rated t 8,5 'a
defined in 40 ("A',R, 86,082 2,m(NATISI-It _a jr;2�2]�j i
---------------------------M�------------------------- ----------- --------------------- ---- -- Cl------- L'� 0
13 Gross, vellict'day weg (uh- d" --------------
i �jqj-�qtjng a vellig.flar gjrb w j 1 6 0 �Li��s or less, 2
----------------------------------- ---- - ----------------------------------
14 and which has a basic vehicle fi-ontal area of'45 is'-
w
15 (11) oses, 01, i s, a derivation of sawll a
V -umm ELY- --
16 V(�Illic e or U)
------ ! I- . 0
17 (2) Desip�jt primal'ily-for S, fpg-sons and flab '11-Ciill[i i�'ll-dIIY-��i"-ii-u-(:)i-c�� flian 112 jrjg
------- -----
18
3) Available wifli sr I I CL
19 enab ing tjonandljse,
------------------------- -�jtr------------------------- ---------------------
20 0
21 L es I lowest floor of-Ole lowest enclosed area ofa bt,d](fing ch,xiin U-
in
------ --------------------------------------------------------------------------------------------- -------------- -
N
22 basement bt.o, exchxfin ary ILlis'lled or ench �t re oflier flian a (-Imerlt t,�sable N
---------------=----------------------um---iwj�ItLc ------------------------------------------------ -----------------------b a-�------------I-----------
23 solel forvellicle ,!,�J�jjng (:)]-I in�ited s. a epE�Iy ied fliat sawli enclosa.ve is, not bt,djt--------Y_- -f�� &b Li
- --------------- --- ------------------------L
24 U
25 Code or AS("I-,' 24,
26
CN
27 Man, ove stand means, an assemb e n ar rove trees, Which are mostly
----------------------------------------------- ---------------------------------------------- LO
28 - --------d-c-v-e---o -m----e-n---t-o-f------------------ ---------------r-oo--,- b(:)v ally-- - .�Lijt-whjc - otains, on or
--------------------
29 more of-Ole-foll 19 spgcjes, Black n1j.jjg -(2yg ��L] - -Clyg n1an rovg ru,onwood,- ----------------------- - -gl-- E� -1�1glig- -,-�Yjljte---------g------ --- ------------------ u
30 u
31 Mamu lured home n�ean s, a stnj CtUIT, 'arl -j� or 11�ore secti or i s, et 0
------------------------ s,r one
--------------------------- ---------] --------------------- ----------- ------
32 OTMOIT' i I-Wi(I-01 and which is, bt,uIlt on 11,M-IDILIILI�-ILIII
----------------- ----------------------- - ---------------------------------------
33 i (I e TI an is, d I a PgTmanent 1"o1jr1dation When attached to the
-- ----- - -- - - -- --- -- - - - --
34
35
36 N
37 Mamu hoinc nto 0)...........fi------ ----- --------- ------------------------- -- --�ffland-div-jde-xi--i------ E
38
39
40 Market value means, tllelj,.�Jce at-Wl ic _a -_Lglg� 1,.Y will Chan L� hands, or be transferred between a
----------------------------------------- ----------- ---------- ----]p! 1 ------------------a ------------------------------------------------------------
41 willi --bij er and a willing -Ligithen-j2�,�11y , jn t, i i n- w i p1jIsion to bij , sell or transfer and
-------jLis ----y------------------------ - --------- 9---E-Q�-----�-E� -----------------y sell
both having.1gasonable kim n constrtwllve,
- -- 11---------------------- ---------------im! ----------------------
------------------ ------------- Which shall jnchxie i
43 klriowledg�.� w I llqp�! Ole tj-qt!j rig and fedem-al ]a s, and As ijsed jr thk c --, -_, - -,
-------------- ---------------------------------------- - - ---------------------------------------- ------
44 lerm "madwi value" to the madwil value ol'bujl,�Utgj ,IIIL ,,� excludi the land and
------------------------------------------------------------------------------------------- - --------- DJ..!--- ------------------
TI I 45 Ls-S) 0 c w ma be establis, b a w.mfified certified Market-vah,----------y---------------------tlg��t----y-------I-----------------------------
46 in d L-�J -Im �- '-�I 12n ],Js,gi,�i" ,g -(---a-S-I-- -V------L---
-- I- --.----e-m---e--n--t--C-o-s-t--d-- -------d---f-o---
j�bg
47 1, r n I and -.I-------- d rgj.
-a----I---UR �- -(� tmfi J
48 or I'm assessment vah,�
---------------------------------------------
market vafi..�e, A t,miform
PC Staff Report Page 24 of 77
File 4 2019-093
1 Packet Pg.4396
I a raisal-1- 1-1 p�,Ljj 1��gl Cerlified inde mdeffUjpjr sa,�bnjtted b flie af �!Jcant_pEg � __b_y_�---� - - �fj - _f�- --------- --g_pg ----------- ---------------------y--------q.�jr
--- ------- ----------- - ---------
2 )d Fjo(: Administrator Considers, -stIch a][ Consistent wi-fil ](:)Cal
------ ---- ------------------------------------------------ ------------ ----------------------------------------------
3 Constrtwtion Costs, A stnjo,t.re or-bijilding atty or bijilt as, a vellicle,, shall
--------------------------------------- --------- ------------ - - - ------------------------------------------------------ ----------
exclijsive b am n fil A 4 1 -2, itizi -111je Book or a N F A a )raisal, of'
-.y ( V_]�ji _y
--------------- ------ ----------------------------?------ ------------- -------- --------------------
5 -dttg T It,---- y -Lily---------------------- --------- ----------------------------------------
W.�,�tjocal Consti-twtion Costs sojbi j ed_b _aj�E% owner to flie Floodplain Administrator mt st
6 be sa,ubndtted n e 1orm oI` a sworn o r attested alI"Wavit that shall be-based tur 1 n-sonal
- i th
- - -- - "
- -- --- - -- " -----------
7 j �Caljse
------YEW--------------------------------------------------------------j- .1- -------------------------- _bg---------
8 it inconsistent with ](:)Cal Constrtwtion I' a, n;t T(�IVWIW by__,,
-- -- --- - -- Jul 2�_ _.Ina � L--------------------� _j
a y qvi -d ly Z---- --y --- __24---�Y------------------------------
9 en den t th i rd-jr _� ,�rals n- Ij
BUJIR P ImI - ------c-- ----- -th -C:) n
10 i de )endent review shall be bonw,b�y -ftg� al, ficant, The rev ewin app aiser shall determine if"flle
I .- _� U1
-L----I--------------------------------------------------- ------------------------1-------- --------------------------------------------
11 a raisal vafi..ue reaso abl reflects, an 1MI,ket valije of' flie structure, The r 0
VP------------------------------11------y----------------------�-�pjr )PI-1ate--1--------------------------------------------------------------eviewing -6
12 determination mt,�st be in a written doctnn � i shall be sworn or attested to- ------------------------------------------------------------------------------------- ------------------------------------------------------- -y
0
13 Tessl jy yjdet ailili�,ba,a,,e(loni,he(efti�vin aflia, t' 2
-------------------------------- ---
14 arld mtVst be notarlzed, s, isals, ol reviews, shall
-------------- g - 11 -be req!�jjred v)
- --------- ---------------- - - -- w
15 Cerlifications, as, state Certified residential a-- ][ -1,isen"J'or -. ,, ne to 1" j ot'r-fiiml
----------------------------------------------------------------------------- -------- ------ jpPEjj, ----jLIg o-----------------1- --- -----y
16 residential and state Certified U)
----------------------
---------------- -------------
17 COMM(n-Ciaj and Neither an a 11�jj
av 1j,", �jfi_g trao inaa ��nu-0 on that a
-----------------------------------------------------------------------------� �L --- ___ _g!------1_1---� � ----------------
18 Was if, as, of' a lood event no I'l o v
--------------------------
19 afu�rajsaj )g-aisal done retms ei,,u e Y±-, to flie �jj jble
------------------------- d -------------------------- ------- -------
20 I"or Consideration or refief A bi.dIdir -fliat was, fl(.�Ver lawfiflly n-mitted in flle first 0
------------- -------------------------- 0
21 shall not be-efigi ble 1"or issojance of'a Pg-lint or devel 11W, II a I
------------------- ---- ------------------------------------- -i--------------------- M UM ----
22
23 New construction mearls, I"or flle tration of'-filis, Chairgg- and flle flood resis.u.jr1l,
------------------------------- --------- -------------- ----------------------------- ----------------------------------------
24 of flie Oe sti-tw1ures, For which the "saaxt (A'
---------------- -------------------------------------------- ------------- ----------------------------------------------------- U
25 j a
2 ---------- _j
26 N
27
LO
28 be
--------------------------------------------
29 Ille owner and Ily deed in OfTicial Records, of"flie Monroe u
- - - - - - - - L _,d�dv��__in OfTiQ�
C -.01 e-oWTI er-to a x�, notto Convert or modjf,� in jnv at�!�g�! tll,-�t is, inconsistent with the u
- ------ --- --- ---------------------------------------------------------- ------------------------------------------------
0
31 terms, of' !,Iie bijildl mint and flwlsle Ltcqjons enclosan-es, below eleym b t,� I d j n- -- ------ --j --pg - _Ig� (XI i 4,
--------------- -i-------------- --------- p- - -------- ------------------------------------------------------------
32 - - - detached acceS- soa
---- ---- - --- -- ----------J------------- -----
33
win 1�,34 Nom., nz� i _�Xslruclure means, a strtwtt,ve or a t,
- L- - -- ---------------------------- -------------------------
35 that is ]a tin or �-11.1itted and is m:m 1"t,d] I 1 )1" 11 T'
�MDIAJY_�20------2------Pg------------------------------------
N
36
37 Notice loj and F, -ofill ental Resot,vces 0)
-----------------------------------
E
38 1 ��q flig dal�,Lqg ZI
------------------------- -- ---- --
39 b
40 <
41 Park trader means, vu-amllpgj�jt�jg g�jt which has a body fli n ot ex ceedi n -teen l� eetjnd 1 - _Ajd _g
------------------------------------------- ----------------------- ------ ---------------------------- ---------(j -J_t_�----------
42 which is bt,dlt on a sir e Chassis and-is, a, fl�------------------------------------Liat---------------------- ----------- -------------------------- ---- ------ �Lgly -
43 When Connected to t,oifities necessa- I"or ( Pg-ation of'installed fixtiji-es, a 1( a �s,
---------------------------------------------------------1-1y--------2 -i---------------------------------------------ad---wflancg_
44
45 Recreational vehicle means a vellicle in fij a P LIS L�j.-Ij I e w I I j C I I j s,
---------------------------------------------------------------------c jj- ---- -- ----LI-----------------
e-Ch 46
47 111jr1dre iv� al- I of less, When measan-ed at flle ]ar est llorizon.u.-d
- - - - A-0 ------------------------------------------------------1 9------------------------PENd
2.1 an d 48 ( 12��
PC Staff Report Page 25 of 77
File 4 2019-093
1 Packet Pg.4397
S.4.b
p i-�M aril u11,a__6-or_,uuS,e_as <b_l��_-IIu<uTWITO,dwelfi a D�uuo_<b , o���u������<b�m���v�TI pu,Lj jg"
2 rd°a tl _atldbG; Matl� � abNbM; dd tlV ;� Gtl a 'atl aGMab� VV a
3
4 vv cl dunes eu d mean �<bouu < u uu <baio uu , of sau1 u , �: nol. id , landward of _ ie
5 Drdb<:u.ch-,
7 _iylwl�r� c �acv �drer�>d <bNl <bud <b <b_ uo flood-1 <u--- -Pgn
8 11� u� �<b flood��<uzard areas <br�_�,��own on�_IRm , <b�,_��aic_/�� A(I, 11 �2(D.
9dtct ill (D �: .
10
11 dro`atrl er errrrlrzrrllar�P rruC_atld7aa drC dabdd rr raaaauVatld7dd rr� rdr rurdaa for new ar:rrrtaaD�njoion and sijb�adantial 0
1 _ ds
rrGrVC ru rrgs` , rrrrvrd�dd d�rd abd uja l start rrf___d rrns rt Drrr t rd rabrr rd_d G:h1rMstrt � DbGbn Teliabili a-60bn 0
1 2 r ru w________ _________ _________ _________ _____
13 add tj(� um ,1��<b��_���d_ �g ��� ��o fig it�������:�v�1���_url_a�, �ahin 1180 day," ��6_h ��<u_oe of a ie issojan d_ _�_he <bc_a_uual
14 start, of d rrns rt Dion ru_< n , ��<ua ������ ua ��d----------------------------------------------a u ua a.��urustria aeon of _D�iuildin
15 _ _< sfIe�12 .gMu� jab o footings,fl r s allmon of i - Tyi _
16 f2jje`LL! brstrt dbGn of b� V � ns Permanent �
Gb1rMsti— u� dion does,lrMGbd_in h.xi _�atl M�� ���C �atl�atldbOrl µ
17 atla;a amlvaurr r �rard r t rrr dr��rdr d,rd; r taaaaul�ado_rrr o s re daa rrr. �Vatll� vVatl as did abvabdrrr t for atl_ �Yabaadrrud td d2
„_,_, ___,_,gig _ _________� __,_,_ _______,_, ____,__ ____ _,_ ____,_,_, _____ _ _ _____,_,_, ___ _ ___,_ ________,_, _______,_,_ _, ___ __
___ : w _______ ` ]I installation of atld d C amamQy
18 1Grdudr t �aa rrdr a rrr �GhVu tdatldrG.h t a d rd drdddrrr t rrl ddrru rrrraur lorin a or d rd in adatl
19 buuu d d t_.s_ ,t.ch_<b , <b <b d s or sheds, �ug�a__o c uu��J�_d a s dwelli I uumts o u��o.�C�ab�a_��� a���__��u<bin bt,d d' u�,
20 ��d;'ka' B �rd�dS��Q BllrQ aB llll .bC4k0 �� actual�B "a���BC� k� �'k ad�ll � �ll b BC��d Ca�� �8 �" ll�B�llon Qk� a,nC . 0
21 -_--- - --------__�ma-_uua_-----— l�ab�D ��6 <b_D�uu���-iur- ot-111 at-<b,➢ae r_au_D_ion af_f eats—_ le. M
----------------------------------------------------
23
rrl�rrr rrr/ cl�vrTrdra �> rru.d ab taa d atl ruatl ( dud <b u w� � ;uu ,aau� <b D uui��Sul s-L u,!_ujr whereby
24 -rr__ _________ _________ _, ______ ________________
25 cos dui_f,es ofiju !,All��__, u�ull��ut�� of, s rruclu�,rr� _to its, before_da�uw aI.!,���_ "l�r�__Istj ust � �M���tu��u�u��tu would ®a
26 u� u.uau� uuu xu u u (D luu u_ uua cud a ud u<bu d d v<u uu uu a D uuu�� uu w� a uu� ouuu Diu du a u <uuiu<u �µ N
27 dud_�°,uu ue�_,, rt ouu�_�_s o uaua_abu_�_,d o_en-miuru�_��_ao be sau D�su �oia I ��<uauua ed are a t'o,o��uaticab�� Considered
28 _- a �daaaa r.rl drd and duuau� rd raurr vvrrra rdr6rrrrru.dd �� Drd r.raad dtdd daaaaabr dr.r-Yd `'"iu-------d-ab] in
d-
�ll�
29 flj
uI:udaruudrlCdrrrrru uulyod structure
rdu�cdtuvrtl ddtd o ll1r d�r before rr�rarrrrdd;l�rdrara tr trdaardd„td_ornu�(I,lldIr onrrr lluDr r if
"da ud rodduurrddd� vua r50t
ux r rd �
30 df' the structure's,
u ` Qr � r __� dre darn, _ sd, r u_vaj
________ _P _____ __ _ _______ ______ _ ------ ___ _____ __
31 32 and meet aull_uu ier aululu��� <b��� u�uquuu�d���uuuor, of ague Florida_ ��zA�lding, � �uc��><b u��_o�uus u_luab La: L �ou�!urLtlla t
33 �ud<: �v_u d fuud�dd� dddu�ud._aluv_d_u�r,a_o rejlrab�u <uu,d fisted in acid a,uub_`m'ifl Iad�_uuuur��ud�vd�u�� ua/,uu_D�ma<b ua�<b�,��au���au <
34 j / �rrst a O hall id kcl d_-ui r _
35 and dvdlabld_ao-1 d_ppb� d r � do offices, o Dd vu� � r ch.x� bijt are,
_i _ __f _ d _ d __ u _ _ _u i __ am
N
36 not lrrrd_d o d d` I 1 C ifi ion a `Vtl vr and fees,
____________ __ _ _ _ _ `_ _____ __ _______-- _______�_____ _ ____-___ _______- h ____ _____ `__
37 1.1d,ll as IhaB1�_lln-aY_aB�a�dr,_ d_,_d excluded Iamfil,Il �d;llrr�bdkllaBllllI aa�aB llIjze_cB,_ uild i �;��aa�k_1�� cB1�_JI�,sa
38 `- f o d_nte _o �v_ab�uu t <bnd ud-entif w_I- � uuur_ed r� mir, <bnd law i'u�u��u�uudvvem nts,_o uoe_ms uuuuarid�e o-ud �b 6' 1 1
39 7 ab` d a � ` a s, s md !j C_r in _ rig tt�� D<tl hd _addCss(:__ CrL _ g C y
40 s r t a.tur e s.
41
42 � r_lrlr_rt e r_rdt ru r rr drar dd�r- rrt -r` _ _ ___-a__ _-
43
duoJudu a alurov_e��uuut_o_uuf a bl.dj��ruru v�r aao�uud ouuu�m�__uuur_�uuximg abrt�ur�uluud)vdNI_WITI and <b a udluauru d��_u�auuuM
44 _auu aaauuwrtvd�_d�uuu�u <bwrt _d��u��uru�_o�ud u_ur as Ord �rrr�r d rquu<u�_,_uuu_x xr d d d� a �(D l�u�ud_d_rrua_�rd a�rd rruaur�ad a vau�uud Ord a�rd.
45 Du.udd t drr r,Duud dgud_ _Dd_ddd<__add_duuuluudvvru to_d:r ulC<brr u, r,oabav �6 oux_Duuu�du t uu aaouuu ouur __ uaur,
46 rrrtd;Vu red��� " aVVbs a ntiatl�j ��atlrr�atl ('" n atllrt�S rC �atlrraa atlrC d Grlrtaar��(red� atl sijb`aDantia l inj,.rGrV(rr�C
47 o.lid,:_abd_ouuauj_re abir work lru_u6_o-ruruvd____,-T�uu__ erm does, wrt-va�_howeve unch,div_vu01e
48 (ll uu� dva dorIa wII.d vr�ulu�u:�vvu�ud to�vd <b D�uu��d�uuu��dd u:urrdd�oo v� ore a dxur,ou a a�rdau�a���aaab uuaab���.
PC Staff Report Page 26 of 77
File#2019-093
Packet Pg.4398
� violations, i nti ed b flie Bijildin Official and fliat are flie minjint,nn
or --------------------tj -- ---------------------Lg
de
2 safe fivir Gh
--- ------------------------ ----------
3 (2) Lawl'i'd ndnimtnn necessal, _-EgI ------�hh it T
----------------------------------------------y
v 4 d(Ah." ided flie marshal,or Heal-01 01"I'Jull'-wel-e---
-121�()------------------------------ ---- --------------------- ------------------------------ ---------
5 --occu rren Cle--exlture��d y--j n Form e(]--oi'-I,h e—exis,11en-c-e—an(I--the--, ex tent th e cod e�
-eciencie"'L !jIg deficiencies Were in TU --th-e---o--c--c--t-n-,-r-e--r-C-e---o-- d w �ljllLl --(26 d- -fi------------ ,
------------------------------ n ) trigm 7 the start (:)I" an it -and Ole deficiencies, are (:t
A,!0h s -------------- y umm2a�d
8
3 9 G (:)I a historic struct � _-.pL(,�Yjltg JII n ---�he
LI ITI
10 sti-twl't've s, CoTO nt,� xi d ni, a historic structure, :6
11 ------------------------ --L-!�Zlt L -i--------------------------------- 0
12 Varian(" I wm Is a ji(A', fhmn .01 Its, (:)I" .01is, Ch ter or flie I'lood resistant 'a
--------------C -------- --------------------- ---------------------- --------------------------------------------
0
13 nents, of"flie Flori B,,il g a 11�arl TI(,T.01 at
---------------- -----------------------------da---I-I---din', -------------- --------- 2
14 wotfld not oflierwise be.j,.��ji]jtted_by or flie Floridaffifildil v 2
--------------------------------------- -------- ------- -------------------------------------- w
15
16 V--Zone and('oas,tal A Zone ( ons truction 11�ean s,th e M on roe CI oijn-aj -Z i U)
-------------------------------------------------------------I------------ ------------------------------------------------
17 Coastal A Zone Construction Certificmion Form 1"or New Construction & St,ubstantjalty
--------------------------------------------------------------------------------------------------------------------------------------------------------------------- -
18 It, 'ess"Jonal
------------------- --------- -----------
19 mt,�st be sa,ubndtted wi-01-flie Form at a njnjnnjmIJI`-ap]r
--------------------------------------- -----------------an-dunch,xig------------------------ �!Jcablg- CL
20 (11) C-a I-gjla te-d- Ly 0
L.— 0
21 (2) I-tyj]EGjs-t-at-c---I-o--a--d-- J,[C--C-t-s-,.,-I-a--t-e--r--a-l--I--o-- d--,-fi----o--n---stan M --w--a--t-e--r- j --o--v--i-n--4 w ate
--------- U-
22 and nonbreakinj waves, CN
;L------------ C14
3 23 G wauVe I o a d
24 (4) I-ty namic load -- fi-om ra J��tL� n�Llvj -ILA-Ia
------------------------------------ -1L--- --- u
25 (5) 1,�gj it -_ji-om waterbOille �b blisj-D jg -- -----------------------------L J� 2
26 (6) stin--ati-on-(:)I"-scoijr" CN
27 (7) j3reakaway_y��ijj njg a, ��t
--------------- -- ---------------- LO
28 (8) !`ree of' i�� 11
------------------------------ ------- .... .1�2jjL t-�-Iabs
29 (9) Eree of' 01, acc �ISISK) strtwttn-es stl------------------------------ ------- - ----------- ---------------------- --- u
30 u
0
31 Sec. 122 4 -- 122 9. -- Reserved.
32
en
33 ARTI( 1,11 11. —ADMINISTRATION
34
35 Sec. 122 111. -- Duties and Powers ofjJhe.FIo,(),d laiin Administrator.
36 CN
AdwilinistiratoLi, Bijil,din 01"ficial is, desj,� 4i
-.ijK -11join. --j
...........R
............................................................... .............................
37 Administrator, The 1`1 lain n-formance of' Certain of his, or her
----------------------------------------------------------- E
38 dt,o,ies to
------------------------
39 eineral authoril .-The I lood -.-jjn Administrator is, aij-01orized and directed to administer and m
--------------------------- _ _The -.-rani /'�u��ruinisdrab
erd"orce !'jIg
---------------- Flood][ Administrator shall have -Ole at,ohol-11 to
------- - ------------;21�--------------------------------------------------------------------
41 ose of'.01is, ChaP -Ir-and--In-a
------ ---
42 1 Sh S
.UIL(IyL��_and establisl n', and �S, in order to Cla e a][ tion of' Its,
---------------------- - ---------- --------------------------- ;2.f'.�lica------------------
43 Administrator is, soll,ware devehi0xi to
--- ---------------------------------------------------- --- - -------- -- -- ------------------------------------ ---------
44 render sa,�bstantial dat a � or sa,�bstantiaj im )rovement Cal Ct'd ati on Ch-are][ -_Llvjded to flie("o1ji-It
--------------------------- al-w-----------------------------I-------------------------------------- ----- ------;21 -----------------------------Ly
45 -.'--------------------- ------------------------,---,----------------------------------- -----------------------A--A------s--a------ ---
u--------------------------------------------------------------------
46 s, IljIll-o size d- nd e-xe-c-to- -ve- n n-att,re-----he --loocilMain Ad----nistrato hall be-gj Jded by
47 -
-
1 e (IAf,f,(nll (,,ditions, of' FFIMA's, lechnical bIjll(fins cind other gg:t�j,
-,h---------------------------------------z�------------------------------------------------------------- -
48 1!��mts jssijed b 1j"'MA fliat are ,soft,oj()Ti b flie Board of"CoUrIty
---------- ------ --- --------------------Y----L---------------------------- _by_Lg_ ----y
oft,
Staff Report Page 27 of 77
File 4 2019-093
1 Packet Pg.4399
strch intel s-a-ri-d m 'hall not have flie effect
-------------------------------------------
-----------------------M�
2 of"Waivin )e I i a i I chan -�j ------------------------
IL Ci C 11 -- ------------- IL -- 1,�n- Ilis -!�Ioridyffifildi , Codewithotrt
3 11 01 to section 1122-117 o i s, a
- ----- --------------------------------------------------
4 (f.j-Appli iLtjoins aindj)!�,!-wnits. 'The 1`4 lain Adminis"la :) ITI cOrisarltation wifli flie
---- ---------- - ----------------------)-�Idl!Main
6 11) !Ig-yiew j�guljjcatj orl s-and "L to detenn rein whefliel- n,�Lit will be located
------- ------------- ------- ------------------------------------- - ---------------------------
7
8 (2) %_<b fl---i-c--a-t---o--n--s-,--I-"-(:-)-]------------------------- ---- ---- �I--s-t-i-n- J )J!Ln--e--n--- in --Ilan--a--l-d---a-l--e--a--s---I-"-(:)-]--
-
9 �qtllpljance wi-Ol W, I- ( , (: I
e mman�nts-------------------- ----- ------ - -------
3 ec a-y e flie
10 G god hazai-d ai-ea botrndajes es'-s-M--to-deten-I-jn
exact locallon of b �r ai-' 1 0
- - - L�Ilnl k�"!,jj, �-son Con teStj rig Jig Lglillin ati on shal Ilia v e flie I �T I-Iy t!'),_Pg---------------------- -_ --�tg- ------------------------------------(:)
12
13 (4) I)i-ovide available I'lood elevation and I'lood Ilazal-d ird"on m
---------------------------------------------------------------------------------------------I---
14 (5) !)etennine he-Olel- additional I'lood hazai-d data shall be obtained fhmn oflicn- sotri-ces (:)I- shall be
-- - - --- ---- W
15 devel(:.p.� b ala jr
---------- - -
16 (6) to detel-mine will be i-eaSonabl.y s�.-Ife f )m U)
------------- --------------------------------------------------- ---------------------------------- --- -----L-----
17 I'loodi I&
---------Lt .11
18 (7) L��AnL-�Jn-deveL)J!Ln,�LvL I L��L" --jig-mitS, I"(:)]- develo nent oflicn- flian btrildjn ,m abut
-E ---- --------- - _LlIg - ----------------------------0-----------------------------------------
19 stl-trcttrl-es fliat ai-ejarject to flie Florida Buil, 1��g inchr(fing TI gs, and
------------------------------- - ---------------------------------------- ---------------------- - ----------
I fhmn flie Florida ffifil wi� 'I -Olis, ch"U' 'Lel- Is 20 1",ici4tles ex I �R-! 0 0
------- ---------- ----� i---------- 0
21 disapjr (Iys� -ftg same in flie event and M
---------------------- ----------- -- ------------------------------------------------- -----------------
22 (8) L', !�!Idjnate wi-Ol I i CN
ar( Official to assarl-� fliat s� phin C14
-------------------------- ---------------------- ----- Aaia- ----------------------(�----------- )n-- - ------
23 yevie s, -an -inq �.,,,tjons foy btril s, and stl-trcttrl-es in I'lood Ilazal-d al-eas com ly -01 flie
--------A— ----si ---�-.Pg�-----------------------Shaw
24 gj,
-------------
25 jaqjj�1�1[ in )imvemeint and substaintial dammye detei-m i in atio Iris. FO a j[.j!jc,-v6(:)ns, foi- btrilding,
...........................
and sti-tro, n-es T� CN
26 bilijiLly's-
27 I-e lac i
a CL U�Lj(:ns, I-eliabilitation s, sarbstantial
P----- C---rMIIE�'-Ily— -- -- - --- LO
28 i @�-jjn,, of sarbstar tia d'I'l, �a -� -an-d ---- t �! JIM[ of of woi-k on sarch
-m ----------------------- ------;21 Iq--------------------------------------
29 bu.rjl�&ti ('' I jpj�-jjn Administi-atol- in cool-dination wi-Ol flie Btrildijg J� ---------------------------- ----------------------------------------------------- _g (-- --------- U
30 sh-al-L U
31 (11) -- --------- -a--r------s---t-a----n--t-i--a------ ------------------------s---------------------d------l-l-- �sj]eeVc-�h--e--c--k--1--I--s-,-- --C---o--n---s-l---s-t-e-n-------w- -i--0I-
32 - - �'JdClnts� c ont-act-on" -and
33 i ,
0m not I ill�jtcxi t(L--a day it
34 doctrinentation of c0st", identification of Costs fliat exchrded fi-om flie Cost of 9
---------------------------------------I---------------------------------------------- - ---------------------------------------------- ------
atl
bCa
tl
dQb
xwC
ab�
bC
tl
35 i I PE�Iy
Mi
36 definition of"'sokslantial da,ma, ubsta,nijal jmy N
---______
-----___ __
-------------------------------2 "Ind-"s---------------------- 2E_IK� at---
37 (2) tru �jjle-afu�ljcant to obtain-a 1-_gjpg-ajsal of flie mai-ket vahre 0)- ------ - -------------------------- -- ------------------------------
-------------- E
38 o f Id' - oi- stn.rcttri-e befoi-e tlw-g!jalified cel-tified--i-mig e Id -mt------------------------ 1.1L - a-------
39 stal-t of Con s"Ll-trot on of the in the Case ofj-e qji the mayket vahre ofthe btril
------------------------ - ---
--------------------------------- ---------- ----------------------------------------------Shaw
40 oi- stnrcttri-e shall be flie mai-ket vahre befol-e flie dama- occtri-i-ed and-befoi-e-an
IN------------------------ ----------- -----y --L L
41 r4<b C'',.',
3 42 G L',
flie ill Cost to I-( a I- a
43 at i
------ ---14a ---- -------Wflcab to flie lg,--------- --
44 auu
----------------------------- ------------ - ---------------- -
45 (4)
46
47 (5) t�,jtj f _-a i t i I"it i s, deteni�in ed fliat flie woi-k con stittrtes, a sar bstantj a] ill �11� �!I-L(:)]-flie�!Jcan--------------------------------------------------------------------------------------------------- - -----------
48 wi-01--flie I-lood I-esj
PC Staff Report Page 28 of 77
File 4 2019-093 1 Packet Pg.4400
S.4.b
I ul_dluu idiiil_ullla ild li Al�lrlcl�dM ilcliil;d_C ode <buru�__o����,_�_��<bl�a � uufl .
2 W l l t l � l�u�t iuw o �I�1�W��1��� �11� �1N�1�t�ll�lli�w o the iu ff 1119im 11 �Wl1 Wi�w�� 1� �I���W ���1���� ����� ����� ��I<.
3 �'4�:�dll/1�<bl a �/ll� ��,o <ba�/1 , lab�� 1 _v 1_�1uu ,a , muu_D /lal �_a� a1 __l1u_u l��iurl _ I6fIicial alia �,eek_afU�I-�v_aj
4 odl llul �(v-old ,alu�o <ul/1��11 <bol/:l a offlle_ 1,10 d load <und flood�1 ,� ,a<b la � ��a ,a�uu10//l l I�11uu1�11111u10 , of wile
5 FlorrclaBttr lodetoletelulliur��_ heflel_s,uch-- �1u_ulslts1-l��uuv�eflie -.-uMual�r/1�g�d <u_v<bl�<uu��_1/uu� ,uu<bvla;
6 o section 11 2-11 of i ,1_ 1<b7[1d�b,1:
7 .114otuces and oi-dei-s_ -�h l_j/:1�1d]pj-ljn ,�����ui�r istiatol ,hall Cool-din ate ifli <ti1111�/:l /rv<uo1 �/1 al <b1��
8 fo]_ ie is aVuatlnce o all AMC� C a aatl�� �Moti C_sa (:)I- of-d l s o Can aV l-e Gu�C fiance C with d I s �tiatl�-,-------------------
9 Ww rlsn!lK.!!J miuws__�i � �///��� l�aillu ���llll u�a,oi<il/1l shall make ie�1_ uuil_1_��� �a /11 01�� 1�'-,a" Jlecified in section
10 11 2 11�4 �rl-� 0 is, a�_l�<u lad 1. 61�1 l��l�v1��r1�11�u1 la a��iau_D� is, not aau�0�1�a D� D�,1:1 alit_Florida ffifilc�rrra, 1 ercle iur�a��uud-in
11 �uu 0
4�1�um �alluua 0uuvd_�m__�� // __(alal-_-ol �a__1_�1_��411a___�l.�rr-_u___o41�__Ale�rrclr-_ �arrlclr-ray 1 ercl�> �14�� � �������11�<blr,
1
lru� u� a0aau0� u. alau44 a �Ca 014�r�r�labdabuCl abuCab a 0�r �lC 0 �uuu� uC� �6 � vC4�r ruC u0 r a uu u�lCu.aaul C u avi0louram 0
13 a;mu.uau l�l_�16 al_d ii�ld li�aillu dl_ v14�1141111 a 0111M1gn
14 duties of t1he, FlNd od[2jWn d111inistim a toli., The Ad1111aull,dla toi- shall have ofll 1.
15 btrt not limited_to-
16 (11 4_ ,o<b0��� ,�1 _ n �_ooi-dinaboion ifli aund ifli o�11_a ) )i- ova l o ie 4 uul]��� a wOfficial,„111����1�uu11`'
17 a tl�(C��bur7baalCub ➢ atl MCl 1Ga� Vi �C Mlb ➢ CICdCUV �b YaldbGa Maa Ga4 aaVV. aadatl MdCai4 bC � �uGavd ud M0� and aaVuaaO<tl Mo�j<il
___,_,_ __ ____,_ ________, _ ________ ______ _____,_,_,_,_ ______ __ _, ______ml_,_ _ ___, __ __ _,_ _____ _ ___ _,
18 �<iiii<b/v u<b1 luulaauuab ld L� aa_vl dl�:n 1122 11(D`.1
19 (2) 4dd4u_uuvl <b11 �� <blo , l�l ,uu01111d,11 �1�v4�1��� <b u�_ m ;v <buu�l� _uvul_ 11Ty<b u<b� alaa O�v ;uu1�714�111.1�1_l /10:
20 ` o `-- � nit to FFNA -0�i da -uj, and rur fol- �u.a ti-oru urC a C -11Y IL 1�uabl�ru0�a in _0�(11� Flood 0
uili(idu,au0igl l a 0� aur4�ru�0 0� `_` _ --'l. 0
21 4uu�auaialuua d_ auld_ ab2i�m id a11al ab�v`ml�a.�Cllllllll�m Dgl,a ll al a h�_D�<u`°l ((�lll� _➢ _val_a�l:lul�m 111 6lo—o— --ha zaurd.
22 abrlau D��ruuurul abr�2s aauua h aa�ubini.aaaai�rur�aa shall �b made �%vi.0�lin aai.x (�r� ��u�r It ,, of 0��i 4 4�:r�:dfflad l N
23 A(li-ninivaQllailoll'aa�olli4 d Q-4k th a.b tti B aQ l4r a�C� llCull� Q-4d �� ^ 1 (laiaB aB dl ini'Of,i-naBQion d1_d sC,,aBll 14a
____ _ __ __ ___ l_.l _____ ___ _, _________ _ __ __ __ ____ __ _ _ _ _ __ _V____.
24 1ii<i(uld<blu d,v1b,((11/11llul<b /1.1, <bd .,SI<u14m t,
25 (3 4 2v1_e_ ll_lluuvll_1 v ,1 uu 2116��<u_O�ly ua, and
d v�lll uul�2�lMuD bd�ll l l:�d 1_(l v<u4lgl l , � � � � (1 v<b0�11u1, ®a
26 l dul�l�baaldva `a1411_a._i(vvdl- by l(/lla a 1<1 1011 and _he Florida �larrlclrrra� 1 ercl�> 0�:r ���� Del-njurue 014�ab0 aauua h
__ __ __ _______ _ __________mow_______ _________ _________ _________ _________- cN
27 aiu -drdo- l - a -r1_ l - _ ----- -- -- — --- < _ _ ( lLO
28 (a) lo lv Fed b (1 aovbotndaje o Mo -o� ilwd l ( _ _
29
c�
l o rry aui-v;_llu�rdifidrl a nd'�m t,
30 (`) A IKJs auli D�uu (l� u as <b u� a,oluu� 0uur as u� 4uul� 1 aauuD�aaOab lalal- InUrlr� v llu uoaa of au0 abrl
. _ . IM31 4r a0edi u rd rl � o svui4 1 ruicr �laruur ava stem es ablisl d bv i Coastal l rl
___i ____ __ ___ __ _____b_ _ ______ ____ ___l______ __ _____ __ ______ ___ _ __1__ __ _ ____ l____ __
32 4 dl,dluur� 10 ( uu0� CY �4f( ab �� D l �_/lasa l �.alru_/1_l_Iv111411�vv�vv�l u0 Act o 1199(D
33 5911 01iab0 fedcnai4 flood iuuaauuuaiuuc d is not available on sar h C ��nstltr !! ,!! , aiuC<iaa amuu4� Cr o 0�� 4lIIaa
34 fimitcBtion a,f, identified on Hood I1Cusw cBn C Rat MOB.bsa w; __d1-____ ____.__-_ _____.�_ .__-____ wa�__ ______ ___ ____ __ __ _________ ______ _ _____
1-- ---- < `rr-u r gull 1�-uurrur ur � r rrru-urn r v � 1 u
35 urC,w:," and <vOl:lneurwise Purrrllected few,,"
. 0 1 W W W 1 1 - cN
36 11NQtmtmtlplNtlilwll ti�wat� C Ci�w1 iuC�,tmiutl 4 C �<brdl�v , ald au a �1111uiti n or OI /Cuull��l1� uu11��1 fo] r� 0� u0� u.
37 Qb4. aC Qb a 0 4 �Qbdh lsbr, / d � �istia of shall maintain bm �C _ f lli make 1- - (_ � _, 1 � a
38 available 6 lul /11 0/Elul <u14 1e11111�a 0(1<bl <bre /1�e1, ,<br� 6/ll l�l� <b��llul /1 ,01<b0�12u o 0(11 , l(1<bl4lallµ
39 and ld f, rll1 ais ln alr stluu Dor l/luu4r�/ nts, avArids�acly inc u� �i i _ �ll _2a _/ l
40
limited o, 4 )odl In au latln d Rm,((_la/�allia l C d Ca�a Gh� �✓4stl�N � l�stltiaga aC���.Gha��s o baaaaVu-stln C_G:h�_1�NC�_a1C its, stl1rd
41 denial llf��i_illlllaa S(i_0<riilllMu<la�il i, iid �v�_d�v�2 1ii,�iliil ,�_�� iiil� � ���aa�0uuli_, <b ,uuD�aaau uo_v<b4 illlliil�v�ll1�uuoM
42 0;1 i__r<14lau�u o6 aauu(llal<b u0�al4 dl<ur u<u i rdlluujr(il llsjauru r/rl jr_ab0jouruaa <bnd doctrm en aboion of l_4l vabl6ons,
43 1 4<vaillwuru_ Cei-iifiaaild_�m __`mlli_a_ified 011a_ oil___-A�evjda llaAzlclrrra __1 elclll ab ii olii`m alllalllali._,.
44 IClatlded d()_atl NC_a is and vatlllatl�Mces� lrichr(in �V.uaadifica ion fo]- is aVu�atln C (:)I (ICT1jI atlLl I
45 uCC,QbuClaa Qbl C M4Qhu� C SC Md actions,Maa taken M NVVuaaVuatl Md dQb dl baa lab �dCu and dl�C 44QbdbCl uCaabaadatl Md � Qb MaadCVu� dbGh M
� ______,_,_,_
46 il;lluu�ll iiil ioi, ii 0lld A l�rr/clllaillcllvrl 1 0ivllin
47
PC Staff Report Page 29 of 77
File#2019-093
Packet Pg.4401
I Sec. 122 It. -- Permits.
2 's I --t-_(b _r--e--j-n--a-,--1e----"-aj2p] --n! --w---h---o---i-n-e--n-d--s---
t
3 o
ijndcn-take a y if nt a�tilviv t1w, sIC(A of this, inclij bt,d](fin s,stnjC-uji-es,- I -sjtg-y-�
---------------- --L -� �! ------- -- ------------ - ------------- - - -- --------- -------------9-- -----------------
4 and fcwifiti n, ex It � )t fi-om flie Florida ffifil i (:)I-]panjall -11 n an�
------------------ ---------------------------------------�d�m�- --------- ---------- --- - ------------- --------- --------
5 flood hazal-d al-ea shall fii-st make-a[U�jjcatjon to flie Floodp!�,-jjn Administi-al, and flie 131jil
---------------------------------------------------------- --j- ---------------------------------- -------------------------�11�------------------------
6 Official if"a flic ble,a id shall obtai a I flie i- t i ed flo( flain d velo )ment ol-den', ol� nits, No
--------------------- ---------- ---- ------�dj------- -- --------f------------------------- ------------
7 sawh order (:)I-Jr -IM I
.��Lgljjt shall be issijed i.rrgjl_c(:)m ptiance wifli flie I- 1jil-ements, of s, Cl a ter and all oflier
---------------------- ----------------------------------- -------j- ------------------------- -----------------------ihi-----�--v--------------------------
, Y
8 giI]plicable Codes and has, been satisfied,
--------------------- - - 1 ----------------------------------------
9 UAYIQQ�11)j�iiin devek)piL !j� I's 1`1 o flairl dc� �jg ment of-ders shall be issijed
------------- ----------- ----------- ------------------------ -----------------------------
10 b_jj�,tjvj-6es not sa,� x!!Jlxnnents of flie Florida
------------------------ --------------------------------------
-es je ex It �[g, -om flie Flori -1 Rui di uj'ode, 0
I I ------an d-I----------L—S,-----(,M ji----------------------dc-------- 11,j- ---------
12 1 en i ng, c 0
and fliat in a bijildi I Ei Ll�] -4 flie 'a
---------------------- ---- - ------------------------------- --- t C"I --,�------- 0
13 FW(Adain d ]a I T A im 11�ent order i s,]-(�x t'di-ed in addi-6 on to a 2
P m 2--------------------------I---------------------------------
14 buu44diru < u Via. 2
W
15 411dir,;g, ARITS and facilities e ewpL)J, frown the Florida Buffili,n,,,., 1-sljant to flig,
.......... ...... ................................................................... . ........
16 IT, g U)f
-------- -------- ---
17 ("A',R, Sections, 59 and 60 f d lain de eh:pl!�Llt n-mits, shall be i-��Jijjl-ed fo]- flie
------------------------------------------------ ------------ ---------------------------0----------------------
18 following.b j I
!!j I d, es, and 1"icilities,flial,al-e ex(� I
-------------- - ------------------------------------------------
--------------------------
19 f-t-'n--th---------x--e-nl-lp- -g '-- i-o--v---d-g--d---by ----l--bJe I I , 11 _nts h hajt_
20 (11) !jgjt!Q:)ads and
21 (2) t ,jjji-esjdentjal 1`,-u-m_bt,dldjng_s i alUIL(jyj�tg�t i i seoj on 60415 F,S, U-
-------------------------- ------------ --i------------------------�Q,-------
----------------------tl-on-jpljlj!�2 s,e s,3 1'e Jy -- --- ------- CN
22 v CN
23 (4) m- offices,
P 2--�11Y--------------
24 (5) Those stnwtul-es (:)I- 1"icilities, (:)I electl-ic t,otl .0e; as, defined in section � 6
-------------------------------------------------------------------------- ---------------------------------------3--6
25 dil-ectly involved in flie R2 I I oi- disvu-ibt,oton of electi-ic'
El"LiEL ------------------------------------------1-1y,
---------- --------------------------
26 (6) N
27 -n "(,,hjcj�ee" means, a,n (1p�,,,il-sided wooden hijt fliat haS,
----------------------------------------f - -q.g� --------------------------------------- - - --------------------------------------------- LO
28 a-------a-t---h--e--d-----o--o-----)-1-1, , andfliat does, no n
----------I-------- -------------------- -29 _g-jrl , thel-non-Wood featt,ues,
-------------- -------------------------
0 ) fiit - 6
J _________- ---------- ---- -----�------------t--- ---------31 (7 on gjubjned and defveied onsiteand have afloolCorlstl-wtedof
----------- ---- - ---------------------------------------------------------------------- --------------------------------------
u0m
32 reinfol-Ced Corluete, W
1,e n- in flie stale ce)
33 (8) 1 xi_b __-0 ej -� ai-tment of Con-ections, to --------------------
- - E� - -y 1 Nv ------------------------
34
35 (9) 5ti- "'tt'ves, identified in section 553,73(jj�j(j�j -,iEg -1, �!�tf (2 n flie Florida
, q�--------------------------------------------------------- die Florida
N
36as
! i ,
37 M-aps,
E
38 for a fiiktk4m1No1n LLW�%u4W1N%umelnt order To mt
................... ...... jj]L,--
39 -1--1-1---.---fl- -e---g-.114 J-p!--C--a-r-l-t---h-a--l-1---fi-l-s-t---I---e---a-n----.ipjr4!4 C--a-t-o-n----n--w--- ! -n --on----a---f-on-n-----a- n------e--d---b
40
-
l3t,dldjnj-!-�"jtjjCjal and 1,lj1-njshedbY flie Bijildin F)e mi-onent, The infonnatio - jyj e i b flie
------------ --------------------------------- --by i f--------------------------------------------Lt�-jjj�L ---d--�-----Y-------
41 cgu�jjcan a,11 acctvat(�,j 1j1iM11U!mjm-
- ----------------------------------y"A 1 ---------
42 (11 flie ol-del- (:)I- 1]�
43 (2) flie land on which -0 e-pEgf��2sjg ]�� �IL)pjj�Lit is, to be condtwted by jg�-jj
------------------------------------------ - --------------------------------------- -- p
44 desui �s,eve sinlil ]- des, jiltion fliat will I
----- - a--------C ------------------------eadi 1-y-an d-d-e-1-i-n 1-o-Cate
45 flie s,i te,
3) jLiLfigite flie ijse an 46 G C C Ll a., -',h h� _Kg 1'.)mentis, interlded,
---- --------------------- um-)m�2 -�jg 1!2 ------------------------------
47 (4) by_-,j__,,,jt(�1 docljments as, s, ecified in section 1122-113 of-Olis,
------- ----- --- -----pj� -I- -�-- -----------------------------------------P------------------------------------------------------
48
PC Staff Report Page 30 of 77
File 4 2019-093 1 Packet Pg.4402
1 (5) )-k,
---------------------- ----------
2 (6) Ltd--sj �d by -L -.-gallicant ol, 11� ��- --------Cs atF.Olorized a ��q,gt�g---------- - --------------ba-i Carl-------------------------ag --
3 (7) ------------0 1 1 ,n a s, r jjj i r e(-b y-�Ltjg- 1plain Adi dnist-
------- --- tg�2L --------------------------------
r1close areas 1.Frider elevated b Id jr ChFde sj 4 (8) ------------------------------------------ - t,i JLi� I n-sion
---- --------- g- --------------- - o n-v e--------
5 shall be d xxi jor to issaFance of' flle
�qy-- --Pl
------------ ------------------------------------------- ---- ------ ---- 1��o
("-erd I" CY
7 (SW .Ka11[idjty 1m3 11i ),jneint order (1ir-pK,,!.III it. The issaF"ince (:)(" a fl,00d ja I n Via:
8 -sa,Farltto -filis, Cha )ter shall not be constnjed to f,any
---------------------------I------------------------------------------------
9 violation of'-filis, CW.-!,pt�,-[,jjg Florida Rui ?g r a y t �! flarice,resofijtjorl or
---------------- -------------- - - ---------------------Idi, , ----LI -gjt� -�!Ldj----------- -------------------------- - - - ------
10 (:)1" M(:)Tll-(:) ( )tFTv The issa,Fance (:)I" n-mits, based on saFbinitted Catlorls� sti-tFC-6on
--- --- - --- --- - ----
Con
11 doctnnents and ird"ormation shall Administrator fi-om 1-��Jljjrjng -ftg
------------ ----L,----------------------------------------------- ---- -- jain---------------------------------------0------
12 Correction (:)I" errors and ondssiomll or in the CaS(Lof"JTICOMP docljments or ird"ormatiorl fhmn
----------------------------------------------------------- ------------------------- ---- ---------- - jL ---------------------------------------------- ---------- 0
13 rex tFir n -_-a-h� ---P j.p!g-n--e-n---t-a-t-taro_-o----s-i-.F-0---1--jrIr--i-o--r---s--j--b-i-n--t-t-e--d---do-c--j-----e-n--ts- or --a-dd-t-i---n--a-]-
2
14 doctFinentation or ird"ormation, 2
--------------------------------------------------- W
15 A order or_ shall aljton�ati Cal irlyalid
-- ---- --------------------------- ----------------------------------- ----------------by
I U)
16 of'law tFriless, flie work atF-fliorized�y n-mit is, Commenced wi-filin 1180 day" --,! ��L i1s,
----------------------------------------------------------------- .. jf2L--------------------------------------------------------- - - -----
17 issalarice,or if"flie work atF.Olorized is, sljs erlded or abandoned 1"or ajig , , after flle work
-------------- ----------------------------------------------- --p------------------------------------------ jod--of"JI-80-da s Ly---------------------------
18 atF.Olorize
-------------------------------------------------------
--------------- upLn-mit COMMCmces, F"Atensions, 1"ol
19 b _Eg�qLj� � I' "!,r q shall be dernonsl ajed "G e j n_w f i In 2, 'he �[,ttjgtqt, _by-! _2,q�j�t
---- ---L ------- -- - ------------------------------(r�__dern_d�u�rrlrajed� <`�t------m
cause" rn -,,.a, s, a,' h ally sufficient rea,son," 0
--------------- --------- ----- -------------------------------- 0
21 (g). . revocation. The Administrator is, aijfliorized to sags, end or revoke a 11-
------------I------------------------- -------------------------------- -------------------------------n----------------------------
CN
22 1.d if file order or as issa,Fed in en-ol-ji" flle order or CN
-2L------------------------------en-ol �f��n-nnt was, lssalCld on flie basis (:)I" incorrect, macgFrate 01, 1TlC()MJp!g1,e ird"ormation, if' -file Cot'Frq'y- ------------------------------------------------------------------------ ----------------------------------- ------------------------- --------------------- -
24 determines, -filat flle <u fication I"or saFC11 order o tained 1",-flse 01,
------------------------------------------ --v - d� (
25 ces
mislea,d in2 e ("OlAni
------------ --- ---- ------------------------- ----
26 doh a N
--------------------- ------- ---- --- -- -(------------------------(--------- ------ ----------------or:---------
27 rC"qljjrement of'-filis, flle order or Pg-Imt was, issa,Fed in Violation (:)I"-filis-��E i I" " Chn 'I'Ll
--------------------------- ------ ------------------------- ---------------------------------------------------------- - Y. LO
0
28 ofller ordina We -reao t,oatL,!g �� a on or-re tFirement (:)I"Monroe ("OUTI-ly
---------------- L---- ---- -- --------- --- --------------------------------------------
29 ]a n develo nL-,LvL L�njts and btFik i ,haft inch,xie a_Sh! --------------- -- --------------------- u
30 Condition -filat all oflle a][ mynts 1, be oedrr44rrr
taine bef`oi u
L ;2.f,.�jjcable s-uite (:)Lf"ederaj_a ) )n va s_a ld , I s, -e
------------------------------------- 7 ------------------------- ---------------------- 0
31 inch,F bt,Ft not limited to fli---------- ----------- --------- -----------------------------------------I �!11-9
32 (11 I'lle soij-01 Florida Water a la �, I i ritto Sir tion '373,03L
------------------------------ -M 1 ywa�� - 2 ------------------------------------- - en
33 (2) Florida I artment (:)I" He'-d-Ol I"or onsite
m I'll� �11-, a I d d i s,p y�,qgll! g-sa,Fant to
---------------i� ----------------------------------------------------- -------- -- --------------
34 Section-38 l,0065j`,S,_a n d-(",Il1' iten- 64F,'1-6,-F',A,("1
------------ ---------------- ------- ------ ----L(U---------------- -----------
35 (3) l'Io I i d a I �11-L Protection I"or activities, t("oastal Permi.[,"
-------------- -� - -�!Lj-------------------------------------------------------------------- -join-------------------------- CN
36 f2j!Lsa,Fant-to--Secti-Ori_-11-6-11-JL ± 5,
37 (4) lJorida Dedid
----------- ----- E
T I "tFarl'I'to section 38 L
39 404 of"flie Clean Water Act,
___ ___
(5) <
41 u[III e IF]ta tio in I uh-ed. A Nonconversion A e s, or
----------------------- ---------------------------------------------- ------- ------
42 _-fJie_F' d lain Adminis, -,it shall be recorded on -fj e � 11 ��L!Jl -i(:)]- to
----------- ---------------------- ------------------------------------ ----][;211)--I -dk -111----------
43 issa,Fance (:)I"Certificates of'OCCF a n-tificates, of COM fiance I"or flle "oflowing-
----------------------------------------------------1011la - - -(7-e-----------------------------V-----------------------I------------- -
44 (11) !--",TIC]osed areas below new and saFbstantially i elevated
--- ----------------------------------------------------------------------- ---------------------------
45 (2)
46 (3) j-"mclosed areas below int(i) C
----------------------------------------------------------- ----- --------
47 (4) in accordance wi-fll flle rl(:)Tl-
t----------_____------------------____---------------
48 elevat, ents, of"Section 1122-25(d and
- - LMLL�-�SJ!JlLln--------------------- -------- �ZD--------
PC Staff Report Page 31 of 77
File 4 2019-093 1 Packet Pg.4403
2 Sec. 122 12.-Inclusion of United State Federal [,IwneirgRpS� i; ijL .1finited States y.MijLk� !,� �K !gLk L .1.1.1.1.1.1.1.1.1.1.I.I.I.I.I.I.I.I.I.I.I.I.I�
3 F ish and Wildlife Se!i,vet e,..(±' guilred Permit Referral 1-11l10 Cess..(j-1 -.1)
.................................................................................
4 deter m I in atio iris for devejLt)jj!j]R,!jL
5
6 and intent, It is, section 1122 'I'da-lions,-filat will ass'llig
--------------------------------- ----------------------------- --- ---- g1l ----------------------------------
7 Consistent wi-fil flle 110"' Amendment to flie U,S, Cons"I'll'u'Llor state and Cotrr
8 r--e-c--o--r-d--r-e-t--e-n- t- -----ord-n--a--to -a--n--d----not----c--a-t--o--n---o---f--F--�N--- A--a--nd---F-
---- - ----
I1( d, iCa-lions
9 filed wifli or issared b Monroe Cotrruy inchrsive of 1j"IMA/1-WS I (�ITVLSI a reed b flie
------------------------------------I y------------------------- --------------------------------------I-------E� 9---------- -------
10 alalti Carl- ---------
11 1 Lgj�jvAo which this section )1Ny. secti on 1122-2L.,, 0
12 in M!!-K,!jng SFAIMs"The botrridaries, offlie flood Ilazard areas shown on flle FWS SFAMs
............---=:................................................................................................................................................................................... 0
13 R i I e i 'T1 'Cl
-scafir distances, CI - Is offllose Ill I oca 6 on s 2
M --- y - -L 19- I -------------- -------QJ -�-�o -----------------
14 of sarch botrridaries, shall be made s I n�,tr I tati on
J11-11 J J rector i s/Il er-d w
15 wi-fli flie btrilding ficial,
-------------------------- -_�ffl---------
16 ,(Itl,.,Adiiiiiriisi,ii-�il,uioiri of de elNtm eint a )REL)L�tl ir_s wcjes focus areas, U)
17 ----------------------------- --- ---- --- -!!)------------------------------------------- LW!--c--at-o--n- for
-------- ---
18 -
develo a i �� if flie SFAM indicates, -file lot Contaim ,
]pLn,�LvL � tidt has been Ill 11 mly
---------- j,.�j ----------------------------(-(-I-------------------------------------------------- ------------------------
19 trnstritable habitat for fi: 11 - - 4- - --- ---
20 wood rat _Key_tre -ca ttr S, 1,ow el, K Us jL sr ak� Ke deer, Scha trs 0
------ ------ ----- C----- ------------ ---- -- --------y--------- -------------- 0
21
N
22 on �Ctor or Ill s/IlC11-_desig�g� -ovide for a notation in flle N
----------- ------ ------ ------ ------------------------- ------- --- -----------------------------------------------
23
---------- ---------------------------------------
24 a, I'll-e name of--file dClvejoml.lent—almlicati-on f-`(:)r---F-WScj
-
25 IT,
26 b, The date (:)I - c� re i(.Iw' and
--------------------�11 -----V- a------- N
27 C, I'lie date offlie SFAM and RE' fisti.rsedto conchrCt-file review,
-------------------------------------------------------------------------------------------------------- LO
a Gaa b e 28
29 taken n_'l i � n1nitu fication for developjj��.�Lvl, -(:)e (" �nlly staff,
---------- j��-w--------- �ip------------------------------ --h-y-jY!om------- ----------- u
30 (2) lechnical or lots shown wi-fidn flie S FA M s, i n u
------------------------------------------- - ----------------------- - ---------------------------------------------------------------- 0
ag�t
31 which-arl--g) tion for a ermit for de el ment has been made inch.rding anding
---------- ---- J�jjca-----------------P---------------------y----%�--------------------------------------------------
32 1 q, 1 -itat I C,11-in., of a -ex a ldin cl i i -i -f,iv(-, V
Q- fjncEi�u�tla.n-a------------
33 remo a of fencin int(i) KU a-Li if-flie SFAM indicates,-file
-------------- _g
--------------- -------------- -- ---------------------------------------------
34 or lot Contains stritable habitat -file followin tton Motrse, Kgy
------------------------------------------------------ --------------------- -------- ----- ------------------- -------
35 e-cic _K y-- -- --- ---------- ----- --- ----- --- ----
N
36 Schatrs ""JIV 11 fli"L-1 1-111,1-an d/or-Stock--]slan-d--tr-ee-sm ail,-an(L-file fall --1 ot�
-------------------------------- ------------ ---------
37 is listed on flle RE Mama,-fj e, is, , I "Aler desigl�� jli,-jtl ra e flie SAGs to determine 0
------------------------------------ ------ --------------- --------------------------------------------
38 whe-fileral (Ar TI -11 1 E
- ;21�-�j n r tr1res,
---------------- - --- --------- ------!_2-----9 ----------
39 a, --------- --F-W----S--S-A---G----r-C p-I-'l-l-I-T-ll--l-e-n---t--,--a----C-o--n-dt-o--n--s----n--t-o---file -....i.t..a...d
40 .01 -CtuVu It IuatlS Is aVu qle codc.-�,,or
j..1ticab-c----------- -----
41 b, I6Ty
g needs technical assistance y tjls�
to flie SAGs,, the 1�1�,
------------------------ --------- --------------------------------------------------
42 accordance wi-fil sa-----------------
43 Floridi.-L,indica-lifig -,i IL �tC,, i mtrst be obtained removal of
---------- --------------- ------------------------------ -----------------Orl -------------------
me -L tj o
------------------------------------------�um----- n f1lal,44 v(My I I I COMMC
45 11, a pflcant seek and obtain technical assistance fi-om le er ic - and
lh�---P- ---------------------------------------------------------------------------------------I---V--- --------
46 2, Cant- .01-e-issaran Ce 1,0 all-alai]i cab]e-state-or
'e -ra mits, or u[) wrj�sarantto section 1122-11_11 a, �vj
47 t �k�---LwL------------i v - ------------------------------------- --(1�,j j_jL
1 -48 3, In accordance wi-fli flie Florida jttg�_and Mon roe Clolfflll S 6 1103-1
PC Staff Report Page 32 of 77
File 4 2019-093 1 Packet Pg.4404
I 1111-n i t-sl I a]I--gipire a I ter d ay,",�--an-d-
'I 2 4, a ficant shall k, IT,( T xi t) rea ) ) V 2
xm-------------- - Lij i g----- -------f, _1�11 'UIL-u-u-o:.
3 ----- u---- ------- ---- ------ ------
3 C, F1,1r--a__I'l (: d I a i n__d v I(: I �e I t-jig I�!L -.-Ipjr .6on fliat .0le services" technical
-- -- ---�i_i_w------ --- an---a !L- a-------------------0-------------------------------------------------1
4 a s, stull Monroe v Based on flie
a 1_111-ovi i ��_fl _a ) flication to .0le service wc- -Ih-------- --------- ------------------------------------------ w 4
services, technical assistanc j] te -e((�, 1 ,_�-�pjpflcant shall sijbinit flie FWS w1it n I pL!!Lmentsto .0le
----------------------------------------------- ------ - ---------------------------------------------------------------- - --------------------
6 al, a t a gg� �qjjrements i.6 MonroeCoUrIly.all i C n �, _g t�_ �K5_
-------- ----------- Ig ---------------ILLED-1111-------------------------
7 issa,Ue a noticet() t a.�Jncfijdes .0le technical assis"LiTIC re(� ed--j t�,__ �E ��n ts� I flie
--------------------------- ---------------------------------------------------- U _111L - - -pmdd---- --y------
8 federally sted tj]�- r
------------------- ---------
9 in flie Monroe ("o1jr1ty-pg-Imt,
10 d, F(:r a dev 11 a flication aim I and/or Con ensation for
------------------------ ----------------------
2-- --- -------�LOIIL _11L ----------------- 0
-- -- -- --- ----
I I adverse effects, to native "ation ls� -�Lgit will b�__, al �d__to
--------------------------------------------------------- --------------- ------------ggL E_ ------ Ug
12 restoration of"native habitat,
0
13 e, 11W, an appflcant acce form, of.0le service IT,( 1111TIMents, in .0le 2
--------------- ----------------------- - ---------------- - ---------- -----------------------------I----------------- -----------
14 121a]-m1t file, 2
w
15 1, F PI 2�i� --of---.0-i-----s-e-c--t-ion----.0-4e---n--ot-----l--t--o
-
- - ___ - - --- -- ----------------- --s--------to---------- E ----- ----- ------16 Monroe (" UnLy ---r-ow-01 Mari ion flie 1L-I- -ee - -----
17 -
de'vel
18 9- 11"111 e 1-is, wi-Olin an areajp!-�� -.i g� "IL Conservation Where
--------- ---------------------------- ----- ----------------------- ------------
19 ti .0 e
----------------------------------------- ---------------------------------------- LL
20 C o 11 TI.1y gj,
- Ulty T w
-------- jpL---------------------]p! - - ----------------------- ------------------
21
22an- - __-- N
----------------
--------- �.jwn er-A oes-Ii W s--techn i Cal--as,s-i-st - --- �mts to be N
23 inchxied in .0le jevej(:,p!�Llt n-mit as, Conditjon�,,�, fl� �gqy sIlafl not issa,w, Ille notice to
-------------------------- ---------- ----------------------------- - ---------------------------------------------
24 f2roceed and shall rescind "�L� �_Jssljed develo
-------------------------------------------- ------ 12L- - ---------- U
rat and
25 i, F 11 jocated in K y_j,�,gg 2-J-1 vel-ju--------------
---2E�Irm-)mi------------------------------ _KL Ii _Ia�l! i�� -s
26 L_(:)W(N-__Key,, it luabjtat,111-.L)11�-� __�2wners shall qgqge to exect,O,e and record a C14
-------- ----- ---------------- ---------------------- -----------------------------------------------
27 rarig Cats, This---------- 111-g
- ----- ----- -------------------- LO
28 s,r 17
--- ------------------------------------------------------------------------ e s-I i-a-b i-ta-t-W I I i C I I-W i I L Ll-(:)t y
29 i I 10-!, ---D,!:)taj---n-tni ew--resi den ti aI__PgTn i-ts'LAII at-ji�ay-_be__J_s t,m der es,
U
30 Assessment
-------------------------------- 0
3) LL�e?Eish,m reduction cynd avoidil i � '�A ��.!ylened or 31 G -------- ------------------------------------------------ Is -n- derally------------ ------------------
32 endan V !L Olall meet .0le ConditiorIS,- - - -------------------------------------------------
t �-11�i t an d/or n o d Which inch,xies, Fws
�ap
33
34 technical assistance 's, inchxied as, Conditions, on .0le monn Coi.�r d v el 1, 1
UJiEli!�� :)e... ��y_ _�
----------------------------------- ------------------------------------------------------------------------ ------- .....
35 a
"'drigCies,- ---------- ----------(
36 N
4i------------------------------------------------------ j yL 11_�----------------------------------------------------------------
a
37 inch,xied as, Conditions, on flie Monroe ("Oijry dev �Llt Ig nit, derived 0
Ly ligpil- ---J[ -!L- __
----------------- --------------------------------------------------------------------- -- ------- ------- --- -------------
38 ' -,-I, xnned to be E
-nmt!RLIL'(-� of flie SA is r_-ffiroij technical assistance-by w
--------------------------- ---- ---------YA'!----------------------------------- --- J�----- _jIgI _y �jg 111111� 0��
Ily I
39 of .0le Cot,m Code and ma be "trative enforcement
--------------------------------------- ---- ---------------------y-----
40 set for (:)I Oldinances, Ft,udl n section 11118-11 11
-------------------- ---------------------------------------- --------------------------
41
42 (4) LZL!Z,-tLW_i1s"s"riance A tolled Rate Gro 4,th Ordinance h, 11,, Non--
- - --------------- --yjj� ---------y-----------------------?f------------------------------------ S-L----------
43 Residential Rale_�,) Uro4,1& Ordinance "'y allocation's, ol� htli& ILILI, f(2�'2
------------------
--------------- allotatiorr rr
and allocations, have been tolled t,mder at,uffigriI of
45 Monroe-Cot.m 1A!jtjons 420-2001, 116 -20 6 1185-2007 and 2119-2008 and 282-201111 as, a------------------------- ------Q_1---------------------------------------------------------------------------
46 resaflt 1 1,_flle I T.Ilibiti -OM ISIS11,11 I flood insan-anU, �s t,mder Ole
- ------- EL11- -----L, ji---------------awl-------------------------------f'.H�licig--------------------
47 National Flood Iri�lliul-aricc-[)]-(:)g,!"-�til-�MiliclI wals, it "���d in flie Case of Florida K(�Iy al, V,
------------------------------------------ ------ --------- -------------------------------------------
48 Ft,u jk'� --e-t --a] - --------------------------------------� � -- --L CEO-11 0037-0IV-1"a/oore,
PC Staff Report Page 33 of 77
File 4 2019-093 1 Packet Pg.4405
a--,---I------o-r-d--e--r------f---o----------,--------------------- -----------------W------h--o---s---e----a----l-l-o--c---a--t-i------n------s-,---o---
-r-
--w--ho-s--e---b---..6--1-dI' ls--. -IXUL� e-r-----t-ol--l-e--d---t-----b-e
2 ej- gjb! for 1�xieral fl-- od-nsan-ance and m--eet-file --
3 -
r �gre-
jjd-
g ------ ---
4 11, Owners wi-fli all ocati on s,Who do n ot need Coordinati on wi-fil F WS after flley n', ed
-- -----------------------------------------------------------------------------------------------------------------------
5
-------------
6 i, Have -1180-days, fi-om -file date of a Co1jr1ty issojed written flo-fice to k t,�J,.!
---------- ------ ----------------------------------------------------- --------------------------------------------]pjc------ 1�j�.
7 bt,61di
8 ii, Have 300-days, fi-om -file date of a Cot,�To issijed writt(�Irl noticeL if-filere is, a need to
--- ------------ -------------------------------------------------11------------------------------------ ---------------------------------
9 redes,
L191LAID �11UIlte, Wastewater treatment mit fi-om -file
------------------------------------------- -- lyg j2g!-----------------------
10 de )artment of h(MI-01 k 11.their bijildin
I-------------------------------- -u ....................
11 2, Owners, with ho--d--o-----o---n---e-ed--C-oo-r-d-n---a-t--o-n---w--rail-----w----s---af--t-e----fl- --
c 0
12 0
13 i Flay-e-11 2
14 devejoj,.!!!!d�mt and recejv(La or
w
15
16 redes, tre, an U)
ailflw, III s, stem to recel V e
L Y Lgjt fi-om the DQH
17 ITICOMMence deve ed
rvi_dliilrllviui v
-A cy-1 c-1-1-1-oc I a--t---on-a-w--c-m---js-�f e-- --r-o-w-l-h--O---n--l-n--611- �e- C -Non
19 Res0ential Rate o Growth Or(ilia nce ',Y
allocations, Permit -.-Ipjr tl :m, pE�!.—�sed
---------------------- --------- -- -------------------------------------- ------- -------
20 referral n"s, -filat resafl-d if -a-,,may g1tect deten-mination', for 0
--------------------- --------------------- -- -----------j -------------------------------------------- 0
21 tion of .01 assessment ljides Which re( t,61-e -file
---------- ----------------- ------------------------9-----------------------------I--------------
N
22 f2glLnitteeto C o ord i n ate With Fws shall have atotall of-360 da— dliiiii. the date of a ot,m lssl.wd N
------------
n-mit,
23 Written notice to Conch,xie flie ig(ji..6red coordina-fion wi-fli FWS ig
---------------------------------------------------------------------------------------------------------------- L jg-------
ii _C This
to I -om Monroe Coijrl I 24 and receive a noti e- --------------------------------�y, timefi-al 11 aa -Lg ��!g
Ld-j� --------------------------------- .. 1 �I-by--Ljlg U
25 if" -file a ficant Carl affir nativel demonstrate -filat he or she has, timel -and
-------------------------L-----------y----------------------------------------------------------------y -------
26 CN
27 rig V(�Il LO
11jes, for Which-a -mit has, been issojed and for Which de a,", not Commem."'ed
------------------------ ---Pg--------------------------------------------------------------------- -!�-- ---------------------------
28 w i I I b e_r e(�pj i r e(I to_b e -ft!�2!j all-1,11 L�� 1�it r e 1,�r r a I �,Innt reviews, -filat resaflt in
----------- ----- ----------- ---- ----------------- - - - - -jl�� -----------------------------------------
29 -,-!,P][ o -flr � "Ies,
---------- ------------------------------------------ -gpl!- ---- - -a �!Jcatin- ------of----ie s
- ----- U
30 Which reqt i ( -fj LO C 0 01,C]i n ate wi-fil Fws shall have, atotal of, U
D-,Ig 1( 360
------- ----------------------------------------------------------------------------
0
31 daa �,,,Jhmn -file date of-'a Co1jrq'y Ijed Written notice to Conch,gle the re'(11jil-ed Coordifla-fion with m
------------------------- ----------- --------------- ------------------------------------------------ ----------------------------------------
iai
" eLins, )ection fi-om Monroe ("(: t nty, This,32 deve o )ment and 1-(�ICCNV
---------------------
33 timefi.amel--Inay exterlded by flig -.-I'LILlirls -ector if" flwl -.-jp]r t Carl affinnativel
----------------- ------ ---bg---------------------- ------ ---pj� --- ---�Ijl------------------------ �!Jcan--------------------------------y
61n JY IL
34 d m on estrate -fliat 11 has, �� I I atld drVCIS
35
36 Sec 1 1. 22 3� -- site CN
documents.
37 (LI) tpIqL iltion for devel,o,pj]Lj�,jLjjjn flood hazard aireas. Thc si- �,!Ilstnjcfjorl docljments for 0
................... E
38
39 aCCLJI,,-qgjy-jn as, a[ Jabletofliej )pg�,,IgSt �j It-
---------- Kg
40 (11) Wkm-6 I i Cati on an d defirleati on of a]I I lood 11 a zard a TC,a 2LI Lf",I �-.i s,e fl-o o d e I-e-va, <
41 and gjons n(c,( ssa,fy For I e C( i njy's, review ol'I e pj%.t� Ajevel )gi
- - ------------------- .......jh.......�g-- ----------------------- --- ---------
42 (2) Ajj�je base flood elevations, are, not inchxied on -file FIRM or in -file Flood Inst'n-ar cc s�tidy 2
- - - - - - - - - -- - - - - -- - - -- - - 1 -�- I -L la
43 sh-a]-I--b e-e-stabli-shed-in--accord-an—
an-c e-wi-fl-i--secti on-11-22--11'3-(,b.)-o I"-01j-s-ch
3) Ajj�.f�-fl c 44 G on Which .01 I �, C, taken will have more flian 50 lots,
------- ------------------------- ------------ - 1� - i(� ia ii
or is, 41
46 elevations, shall be established in accordance wi-fli section 1122-
--------------------------------------------------------------------------------------------------------------
47 111(bAl.)sif
48 (4) it 'I'Lld, ).m�sed stn.w-ujreSI and loca-fions, of"exi tin biji (ing', a
,an,aL mu Aj ------Y-� -I.IL� ----------------------- ---------------------------------s -W
----- --------
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I stl-trctrl -IS- locations, of"new-btrild n s, which shall be located landwai-d offliei-each of"mean ig i ----------------------------- --------J-2--------------------------------------------------------------------------------------------kh
2 tide,
3 (5) Locat all (: trnt and and desuiption of-file (�`Xt
-L� -----!Q-------------- -n!m2a!iLfl 1
4 ex cav all on-,
5 (6) -w--h-el-e---fl-l-e---p j� ll� --�,I j-I-----s-,- - g---l--ipt-o--n---o----fl--le----a-m----o--t'-I--t, typ<, a--n-d---s-o--t-r-l---c-e---o---f---fill
6 -
matel- a] ]pL�.Jficajon,,�, a gsc ion of flle if terld(xin "Lg flle fill and
---- -------- ----------- - ---------------------- -------
------------- - ---------------------1-
7 c(m I�P eten t-s,tr-b stan-f,i-a]--e-vid en-c e111-at 111-e al-e a s,-al-e--fl I e-11 n i I 131r-1 I�-ri(C-e-s 1 - i e v e.
8 -fj I e-j n te n d e dj,.�!�,!1112 s,e,
9 (7) 1,�gjjneatjon and descjp-_6(:)n g�
------------------------------- ---------------------------- ------- ------------------ --------
10 sarch altel-a-fion is, Y flle Fjojda F)
---------------------------------------------- ------------------------------ 0
11 F"Tivil-onmental Pl-otection,
------------------------------------------
ap
12 The Floo lain Administi-atoi- is atrfllol-ized to Waive -flie sarbinission of site
---------------------------------------------------------------------------------------------------- --------- 0
----- ------- -I 'a
13 doctrinervu and ofllcn- data -filat al-e I-_gtril-e I b flds -filat al-e r i- trii- t:) be L 1 2
------------------------------------------ ------- ------- ---------------iQll E-T----�-O- - -
---------------- ---- ---- -
ficensed de -ofessional if" it is fotrnd -filat flle nattrl,e of flle
-------------------------------------------------------------------- ----------- w
14
15 -KelL ITI I s
- h -ilt -1 I-evi of sahsabnissios, is, t ncs- Lq dnlj - tlo
- --------a----- --a--fl--e--- - - w ---------c------ ---------n---------o---e--e --a - e ------n ---
of OM - - ---- --------
�
w -lis,16 -----C-----Pl-------e------ fi---17 111jinfoinn ation U)
in nood hazai-d aii-eas without tmse nood In ate, Zo ine,
18 1 5 (Ta" a T�M a I c7l c7T-a-"a i o r i d a a I I a v c��r i o-,b c�� r i f,�L(j,�Lt�t t
-- -----------------------------------------------------------------------------------------------------------------------------------------I----
19 Administi-atoi- shall-
--------- --------------------------------------20 (11 !jgS,.L!j ile 11 le-a ) flicant to inch.rde acctrmte base flood elevation (im in accol-dance wi-fll�a jp! 0
-.1-1------------------------------------------------------------------------------------ -------------------------------- 0
21
CN
22 (2) AjIgle flie base flood elevation da-ui ai-e to be trsed to an ]Lw � -om CN
----------------------------------------------------------------------------------------- ------- ----- ------
23 Jj--,"MA,advise--f1w, a jpflcant flial''Ille Jda ficensed �11 egm-in
----------- ----------- --------P- ----------------------------- -�Y-alj-(:)-]----------------------� -gi-n----------
24 a and -filat it shall be the i-es nsibjlj�,Y -01 t to sati s,I
-------------- ----- ------- -------------------------------------------- --------- .. ---------------
25 sarbinitta-i- m�� ' anents, and %a -ftg i fees,
j �� -L11L jr
---------- ------------ - --- jr -11-9---------
26 (ij_Additional ai koj!y�KIA�jj!,ceid,i fica tio iris. -lidges,
................................ CN
27 we stands, in Coastal high �Izqdl -- qt�g -,-jpjj Coastal A Zorwl 11,
-- -------------------------- LO
i ,tn�t Flol-ida ficensed engjLlCxn- -filat d(mons"I'l-ates, -filatthe
28 s�tLmh.,,ii s, I
29 will not jncyeml(�, fo]- flood e shall be sarbinitted wifli flie site
tJ
---------------------------------------------------- -- ---
30
0
31 (Lj)-5R!�,Ljjission of additional data. When additional-11,Y data� m.Lij- (:)I-
------------------------------------------------------------------------- --- ----------------------- --------
32 sttrdi �,, and additional ��tLcg ", n; ai-e sarbinitted to sar (:1-1, ar a[ e a[ t has, the igilt
��a, - -Y.�g -Jul
-- ---- -------------------- - ----------------------------------- ------- ----------------
33 to seek a �-jhmn FFNA to flood elevations, I t, lia, i
---------------- -----------z�------------------- -------------------------------
34 of flood Ilazal-d al-eas shown on 1`1 ms, and to sarbinit sarch data to 1j"IMA foi- sarch_jj!jM��,,�� _jIle 9
- -- -D fo -------
35 s, s,I I a I I_b e jpEg -,-!L��!J] a, p�,Ljjtcj��Lj Fjojda ficensed en ineel- in a fonnatj-e trii-ed by.�j � -�Y_j--- - - g -
------------ ---- --------------------------- ---- -----------------------------L --- --------- --- N
36 shall be the i-cn;p i,,Jbility a flicant,
------------------------------ - ---------- -----------
37
E
38 Sec. 122 14. -- I r1H!K,i..t.jo iris.
39
-o-ins-leflu-iii-e-d- ---� ivi(� liiiiiuia------------------------
40 sh-all-be-sI ect 1,
41 and slim .1.111ii-es. The Administi-a tof- shall ins,.12�ct a]I�ji
42 i ibvel )pLn,dLvL ]L��tenljne (:)I- confinn con-1111jance wi-fll -fll T 1111'(111RITIts, of -filis, cha )tcn- and flle
----------------------------------------- ----------------------- -------------------------------------I----------------------
43
44 in and The lin
45 Administi-atoy shall inspg�.",-L and f'-wilities, exem t fhmn flie Florida Rudding
---------------------------------------- - - ------------------------------------ ---------------------------------------------
46
47 of issared pgm-nnts,
-------------------- ------ ----- --- - ---------- -----------
48 (it j..jjgj1di1n(Ys stinjictui,es Wrid F'IorieluBuih
.......................... ................... nom.
PC Staff Report Page 35 of 77
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I g n---I,--o--I-I" I-e--I-ow-e--s--I---I--0o �--T--1-C-I--t-r d-f- 1 Ll Ll_ II j--o--l- off) vel-ti al
l
2 ex en jj-j�jhmi l Ilie Fl-orkja Bu / /Lg' e,
---------------- ---------- -----
3 of,the ownef"s, authofized agent shall soibmit-I,(:) flie Flood lain Adnlinistmtol-:
- - - -- �1------------------------------------------P--------------------------------
lood (�4 11 i3O_1 �levatiofl was used I,(:) tril-ed elevation of"Ille lowest-floo all
--------------------------------------------------------------- ----- ----I------------------------------------------------ __!--------
5 FFNA _levy iglrr--C----c----t--------t-e-
--[ -, �� " ��d------------------------------- -------------------Y-2
6 (2 dd d ll elevation trsed I,(:) x tril-ed elevation (:)I"Ille lowest floo]- was detel-mined iri
--------------------------------------------- - ---- �m i w _ i
accOi-dance willi section 11 22-113_(b.)_�J' acctrmte heig Ille
----------------------------------------------------- -------- ---- -- ---------------------------------------------- ---------- -�jq_��j
8 1 owes,11 11 oof,al)ove -,.��wnef,of,the ownef"s authofized "11)
------------------------------- jh,� ----------------------------------------------------
9 and Build" (,mj, s pill!Jon. As
f - ,t-h- o-w- n ,o-f-,-th wn-e -au- --ofi ze--
_a,2, -I--sh-a-l--1--�,-,�--b--in-i-l-l--�,-:)_-�l---c-_-l-�-]--)(-:)-(-i-l)-]--,,--�,--r-ral
10 ! l s � f 0
12 11gi It of'Ille lowest flooi- abo e Ilie h Itig i�, _stg� sarch cel-tifications, and
M!------------------------------------------y------------- j �j,�! - _gl� ,------------------------------------------------------------- 0
13 shall_bC, �cjfied in sectiOrl 1122_11� a. 2
-------- ---- _�pg------------------------------------- --
14 (f).Mainufactui-ed homes. The Floo( lain Adnlinistmtoi- shall ll"ic-I'tri-ed Ilonles, Illat al-e---------------- -------------------------------------------Im------------------------------------------- ------------------------------------------ W
15 installed o a
�d_i n-I'lo od I az-al-d-a-l-ea s-to-d etel-n l I n C ord]I'll l-C On 1p]i an ce-W i III-Ill-e-Egg�'Ll ��Lfs
16 (:)1"Illis, _, alle i "t (x U)
Ilonlel
---------------------- -------- --- ---------------------------------------------
17 cel-I'dication of"Ille elevation of"Ille lowest Ilooi- shall be sarbinitted -I,(:) Ilie Floodpj�-jjn Administi-atol"
18
19 Sec. 122 15. lie 'inclosed Aii-eas Below I,levated Residential Sti,uctuims. CL
.................................................................................................................................................................................... 'a
20 iL[jifi to Ille (:)I"owflel,� 11.1 by J�� i-esidential 0
--------------------------------------------------- --------- --------------------- 0
21 s,u-tu c,I,t,u I-c r_wi-I I i-a-b c a I o w-b a s c I] -c�_r i-clo s c��d-a I- 1"o I-_w I Iic 11_g T I- I'I-t C-I,I T I )-f I I I T I C I C I I l I I l T I C
22 on (:)I- af'tel- Ju e 11 N
---------------- N
23 con(hrCted, No eafliel-Illarl-I 80_du- �",J�Jol--I,(:)Ille tmflsf�n- of"Ille-pEopg ty'.1le sellel- (:)I-Ille spgctl v e
- - - - - . . __ - - _ _ _ __ - - L _.-11--------J----------------M!-- ----------
24 wil I e s,:- le s �uli a shall have the
-------------------------- on-d--u-c--t-e--d--.--T--h-e--i-n--t--e-n--i- of
U
25 lh!s Ing" )gCtion,which is, stjctl ted -I,(:) im ec-lion of' below base flood enclosari-cn is, -I,(: i Ii I"--------------y-jind IiV i,- - - �jL�
-- --- --------- ----------- -- -- -------------- -------------------------------------------------------------- y
26 I-s -.1 0-�, -gl!Y (:)I- ill( a] stl-trcttrl-es trses,
----------- ---- --LlatL� ------------------------�1---------------------------------- N
27 jo iris._tj I , s.v� th� _1C11, I '�_IMJHed tFridei- thi ,_se ction sluill be condi.rctc-ld
--------- - - ----------------------- --------------------------------------------- LO
28 jtj----
29 1 e utment shall be in accol-dance with Ille sche(hrle established of" the BOCC I'm-
2 m---------------------------------------------------------------------------------------------------------- -------------------------------------- U
30 i con(hrCted trfldel- Ille cotrn-I 's flood insall-ance Ins, ection arld C(: fi Tl U
�---------------------------------------------a-------------I----------------------11----------------------HM-1 11-CLIM201112L. 0
31 and foi-ms. All ins, ections, i-egljjl-ed trfldel-I'llis, section sluill be condtrcted aura m
--------------------------------P------------------ ------------------------------------------------------------------------I
32 ac-col-dan-ce---will!--- S___an d---I-ec-o-1-ded---on---C01.1fily----[,ol-1] mlviA__ba----k __(_ail�AIIIL,iJLL
33 Mill inj stmtoy,
34 Tl"!L)gCt1(:)Tl �11 ed CIX:)L(.L1.) k[j5j2ggjjon sulmilittal I 'gul i im,III e IF]ts. 'I'll e,olj I si I in e
-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1- t ................................. .... ..................... . ......
35 shall be n ain incx b Ill Bt il i l CIT11,arl_g ,jj!bnljI,Ied -I,(:) -III sellel- wll(:) has
--------------- ------!,� ------ -------- --------------- -------------------------- ------ -------------- CN
36 contacted- has
37 contacted-Ij e-C(: uD11 - Jed above no latcn- Ilian ten jag �,;_Pjol- -I,(:) Ille closing a.[,g
---------------- 1-i-- ---- --------------------------------------------- -- ---------------------------- - --------------- E
38 (:)1"flie sarbi
39 N M iris li, y 21L
U[I to co )��y i �.�jjioirl sill tmp ittal,I u[h-ements. shot'lld Ille if sJL!gCtu:)Tl �1.11,
..................................................................................
I otj fied Illat Ille stl-trcttrl-e is, in <
40
41 v--i-olation of"Illis, section I 11C .l! 11 '�L�Ixd his, (:)I llel sarccessol-s, and S, 1 9 S I 1.Y L1 1"ol-c lletel'Ills,
--- ----------- ------ --- ---- ----- -_m -� -- -------------- ---- --- ---- ----- -- - ---- ----- -e--I-- - --------
42 of"Illis, section in law
----------- fn�.jy ",Lgk sellel- in a
--------- ---- -------uluuullduvv ldil( - - ------------------
43 cotrl-t (:)I"C(: I,(TI, sd ent a violation (:)I"(:)]- othel-Wise in conflection with a viola-lion
------------------------------------------------------------------------------------------------------
44 (:)1"I'llis, section, Attoi-nU's and Costs inctri-I-ed in an action -I,(:) erd"ol-ce IllCISle I�u all,111ons may------------------------------------------------------------------------------------------------ -------------------
45 awai-ded -I,(:) a Ll-g !�.-�qy -ftg di suetj on of'the cotri-i_ A ma ,, �C�k and
----------------------------------------- ---- -- --- di`_,u�letjon o ------------ -----------
�d 46 Ille cot,vt sole intent (:)I"I'llis, ins,
---------------- ------------------------------------------ac_tl on-is--to
47 pl-ovide I"(:)]- I-ec ol-d i flg LI!-I, Ig jnlpL(!YS�!)l �LvL�; -I,(:) below base flood enclosall-es,
----------------------------------------------------- ------j -------------------------------------------------------
48 and in accol-dance wilil Mom-ge C,otr Boud (:)I"
-------------------------------------------------------------------------jlLa-----------------
PC Staff Report Page 36 of 77
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Resohrtjon 440-20 1111,which does, not flie pEgf� be bi-otrgIq irito
-------- ------------------------------------------------- ------------------------------ ------- ----------- - ELY-------------- -------
c ----------------------I
2 -L�j ti-an -, The flik, , s, not to idero ly �Ltlg,!
----------------------- ---- ----------------
3 [,y t npg pgs of r n-n itted-111 ated-to on ,_in—.01i S,_cWjj[gg1-,
---- ---- ---
4 --- -------Od-s-,--s-e--c--t--o--n----------- _-1---0- _-c--:-)-t-r-n- y ---1-1-�
d-I-I-
M(iL111�-ILL"
5 i
trridel-flie Pi Ins, gc. TI-11n: 44 ("FR 59 O�i-e ealed on .4, 5 2 0 11 1`1"M A
-------------------- -------P---------- ------ t� pj _yj_otr�-------------------------3... ....p------------------tty............ ......
6 tenninate, .0
7 JI'flie i-esarlts of flie in pg�ctjon jdeTvffl,�_jttgT-,
p-)j !jTI.pg
-----------------------------------S, ---------------------- -ILI�i-tted tril-ements, of flie-1g]-----------------------------
8 Fh2fida cab]e to griclosed aix.as below elevated btrjldin�,
- ----------------- ------------------ -------------------------------------------- ...
9 is, s, 1 In-b -a La jpflcant,
_1------2J9 J--L __y L M- ---------
10
I I Sec. 122 16. -- Floodj.kl��jiin ei-tificate, 0
12 )1! L �v u j-is, elj�jble to obtain a tained
-------- -------------------------------------- ---- -------------
13 arl fan enclosarl-e below base flood elevation by
---------------------------------------------------------------------------------- L _01 jq�yj TI g---
14 (71�I±j],1MA Insarl-ance lnsjlg��L
------------------------- jon----------- W
15 attime of
16 U)
17 The below base flood enclosari-e nn.rst have been fotrnd i con liance wifli flie Mom-oe C'
4��e b -------- --------------------------------------------1-0-1,1111y
1
18 11L Img IOUTY�,Y staff", Pjol-to obtaining flie cei-tificatc. the owncn-im.rst E
lyM�2L --------- ------------------------------------------------ ---------------- --------------------------
19 T(�Ic()Td a nonconve 'm n - Cotrn of land i-ecoi-ds on a fonn to be
------------------------------- --jig-eel-I-en-t-in flie-M-orn-oe--- -------[y---------------------------------------------------------------
20 PI- 0
--- -------------(1_jr;2L 0
21 1-eceive
--------- --L 0-1----------- - _-c--t-lo-n--s-lj4Eq ------- -------------o-f---fl-e----------------
_--- -----_--o----f--"-c---o---m-- _fi!<-,!, jr-
4-L--)-g---l-a---M----- 4 <b
22 1eceive-a--c-eltificat cio (]Lj- j,�ej "Lt!It fleu-Ssa--
l--b to Um_
-----
23 e--n--s-a--r-i-,e-_c n-p- -l-i-a--n--c-----h--a--s----b-e--e-n----m----a-i-n---t-a--i-n--e-d---a-n---d----fl--ie---o-----n--e--l---m----t-r-s-t--a--l-s--o----1--e--c--o--l--d----fl--i-e---n--o--n--c--o--n---v-e--l---s-i--o-n
24 ---
auq�xn dery which narst be 1-ecol-ded in flie Official Recoijs of Mom-oe Co � I
Li-----1, ich��uu_ 1-1-11,
25 (b
---- ---------------------
I I-itten noticesto ) xn-1 ow en, of"Which the
--------------------------I'm-------�y------Ll-
26 COLITI awal,(�, Own-a-btril oi- stn.rcttri-e with below base flood elevation 11 Ing - follows-
-------------------- -1 -------�Uala-----------------------------------------------------------------------------Y--- ---------------- Cq
27 (11,Ell I I obtain da-ui fi-om the Mom-oe -aisel- Office which will
-- - ---- -- -- - - -- ------- ----------------------------------------- LO
28 identi all si I� -j"indly s, Which contain enclosarl-es, fliat al- ideroified as, fivirl a m
---------1�---------1- - ----------- -------------------------------------------------------------------------------------------
29 on flie-gotrrid flool-, Once .01is, dat i s, c jr a Will de(hrct-all-flie
---------- ----------------------------------------------------- ---------------------------- ---- ------P� u
30 og (1M u
1 liz,-, 0
31 t----a--n--s--f-e-l----o-------W------------ ------ --o-l-.-s--y__j-,!,I[
------- - ------ - --- ----hl��
32 33 (2,1-The ily OWTWITS, will be no-6fied Ltct,! mail fliat in of-dcn- to I-eceive a
---------------------- -----------------------by-j p�- - --------------------------------------------------- ----
34 "1 _�S.L!J ed-of an.y , jow base flood eleva-6on
----------------- ---- ------- --------- ------------ ---- --------- -------------------------------------------
35 vel'ify ",�111tIpflance wi-01 flie Monl-oe CoUT11y I ��tpj�,-jjn Ownen; will
---------------- ----------- -------------------------------------------------- ---t'-L�(_ -------- - - -------------------------------- CN
36 also be no-6fied stn.rcttrl-es ma- , � sltrb,ectto code compliarlu, rig",
----------------------------------------------- ---------------------------- JZ��-------I-------------------------- -----------
37 n------s--e--e-k-- a-nd--o--b--ta-n----a---c--e-i---t--fi- c--t--e---o-f-----o--n---r�fl-a-n----e---I-n--"'Pe-c-t-i--o-n --a--n--d--- h-----b--e-l--o--w-----b-a--s------f-l-o-od 0)
E
38 enclosarl-es, al-e detel,mine(Lby -Ltj� t(I the ownen', will I-eceive a cel-tificate of
------------------------------------------- --- -------I----------------------------------------------------------------
39 com liance as, otrtfined in this, section, This Is tj mrl��Lt�nL�y _Pmjrl�T!,.Y_oWTI(n s Lo
-------P-------------------------------------------------------------------------axma�c_ -----------------
40 1-eceive evidence that tlle.y g, � t stl-trcttrl-e Which shot'd I ) Ig, ��sjtjve
----------------------------------------- - . 1jan--------------------------------------iLL-r- ---------
41 11. muket condition, 11" an owncn- has, a_noncon liant sti-trcl,tr e he of- she will be
LY----------------------------------------------------------------- -------------W--------------------!__�-------------------------------
42 notified of all the YeaIjil-ed con-ective actions, nec(n11S1�,-!!Y (�L flie enclosari-e to become compliant
---------------------------------- - ------------------------------------------------ __L _off
a--n--d--th-a-1,---c- �ntyO a aS _SmI e
-d----t-o----a--t-r-t-l-l-o--i-z-e-- l-aw-l-"t-'d----c----n--s-t-i---r--c-t--o-n----a--n--d--/-o-1
44 --
45 iris. fol a' cenificite of coMf'.1tiince acc ol-d i- -------------- ----------------------------------------------- ------------------------ -try-- - -- -------
to ti-ansfel- of ownen"Id 46 oi- Secti on 1122-115 foi- T TI
L�L�,.Lljjed-1 "Residential sti-
.111C.1,111im's. The cor W 11 n-s wi-01
47 sti . i I Y_ 1 jp! _�:)Wrw
-- - - -----------------------------I-L-1- --- --- ------------------------------------------- --------- ---- uvrruvf , �d
com fliant below base flood enclost'ves, aftel- sarch
I - -- - -flood-- - - - ----------------------JIL
PC Staff Report Page 37 of 77
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----c rldjg
---D----P-2----j _g m ,�Lq s
--- ----- -Mg---i-- ----------- -i j
- ----�r --� -L-
2 allowed below base flood elevation attached to -Ole flie Official Recoi-ds ofklom-oe
- ----------------------------------------------------------
3 --I-'l-l-e-----o-n--c--o--n-v-e-Esj�!t _,-u�.--e-e-n--e--n--t----h--a--]-I---b--e---i--e-c-o----e-d----n---fl- -e--M- -o------o-e----n---fl---e--O---f-fic--i-al---Re--c--o-j---s--of
4 -
jplj ------------------------------------------a[L , (: I ndei-stand what has been (I�L y -11
------------- -------- -- ----- --
5 cotrn't. foi- ai-eas below base flood elevation, sh a]1-pU--.ip.p!j cab]e i-ecoijing
--------y foi aggv_ags -------- - --------- --------------- -
6 (. _114onv pjNk�Lqj, jictui,es. The Cotrro�y -!!�Ijl I Of shal I-A', fiant
-------------------------------- --t --ittay---------------------- .Lnn� aul-----------------------------
7 Tic L-I1 (= -------------------- ------------------ ---1 1-I--o l-�a 1_ jp]r
-------- -- ------------ ---------
s acI I flebeiowbs-e1ood enchos,trIe II , no b(en coiiR!e IV 111!2y�d a NnconvIs,ion8 -- - J l -- - -1 - - -----------a--------- --------------- -- ________o_________e_________
9 Agjxxnnent exectrted b flit/ owncn- shall be i-ecoyded in -Ole Of Recoljs ofmonn:) C(: trnty,
--------------------------------y-------------------------------------------------------------------------------------------------------
10 New co IF]st I u[ctio IF]. Own en', of N ew con stnr cti on -01 at contal n s,
------------- ------------------------------------------------------------------------------
11 will be a In -Ole Official Recoljs ofmonl-oe Cotrnl�y
as----------------- ----------------------- -----------------------------------------------------------------------------------
1,12 i ldictin -,L11 Ied to be constn.rcted below base flood elevations, fli an
L wi 0
13 acctrl-ate (fi-aw'n site n � 1,
1 --- an shl 1,tin ------- I it e i
------------------------- ----9 -------Es--------------Ph f ----------- -11-1-ur
14 I-ec(Nving a cel-tificate o ancy,
---- ------------------------------------------------ ---------- W
15
16 Sec. 122 17. - VaiHainces. U)
17 Division of Administi-ative Heal-irig" "IALLshall llecu- and decide on
-- - ----------M�------------------------------------------ ------------ ---(JA- ------------------------------------ -t(-1.
18 tj on (:)I �Ole aljea�&y q]-ict jettel- of -Olis, cha tel-, Ptri-sarant to section
---------------- -------- -------� �!Jca-------------------------- -------------------------------------P----------------------------------------I
19 5 53,73 'S flie DOAH shall hem- and decide on 1-e ljests fo]- val-jances, fi-om fllej�guljjcatjon of-- ----------
------ ---- ---- -------- ------------------------------------------ u---------------------------------------------- ---------------- CL
20 -Ole aligg ,�Ljct lettel- of the flood I-esistant cons"I'l-LFC1,10TI T(X 1111TIMents, of the FlOri Bu- � tty--- (4 11 0----- --- -------------------------------------------------------------------------------�l---------------------------------------d(I------iL�mw
21 Code, DOAH shall also Ilea]- and decide on e trests, fo]- val-iances fo]- at- wet fl 1-oofed .2
------------�:---------------------- ----------------------------------------1--m------------------------------------------- -aL ------------- ----------- U-
22 accc.�`ll"�-il:y-a,,,�,i-u..uc,D,�..ui-c.��,, in A/Al--,',Zones fliat ge lal �j-jjj�,-jjj )L) sq, ft, btrtnot1j.-lig fllj,-It� ,�(J, ,!" in N
--------- ------------------------------------------------------------ g� - --------------------- N
23 size,
24 (11I.Vaijaincel.AL gLttt[�L
u
25 T-115, Of n,�Llt In ari al-ea of
------------------------ - ------------------------
26 s, ecial flood Ilazal-d shall be filed wifli -� i -1 A din I �11-L-,-L flie time of ar.,U�jjcatjon fo]- a
-P---------------------------------------------------------------d-�- s--- ----------------------] --------------------- N
27 build fl o ]a n d vel ) I ent � 1]�!Voi-dcn- which seeks, a ) )nnal of dev-�jljj---i------e----- -------Jig! - ------------------------------------J,.-j----------------------- ------- LO
28 'I'llat is notatrtllol-ized tFridel--Ole afl(�g��&y �
-------------------------------------------------------- uj-ct
29 IT, , da i
qljl,1(21�ents ofthe Flori Bu
-------------------------------------------
30 (2) 1 at��! time filed -,-jp]r tion
-i---(il --- --- --------jy-----------� �!Jca---------------- 0
31 VaTiance fhmn flle-ajj(�M�fly sti-ict jettel- of this, cl a )tcn- (:)]- of the constl-trctio u.------------------------------- ------ ---------------------------------------!--I---------------------------------------------------------------------
32ao
IT, , I the Flood Jain Administi-atoi- and the l3trildin q��,Lllements of the P _g----------------------------------------
--------------------------------------- ------------- -------- ------ --------- ------- ------------
33 Official ----- --
shall 1-evie -fll-e -.- icatiorl,and sarbinit a Re on, and to flie DOAH,
--------------- --- --------w- --- --- -gall----------- ----------------------------11--------------------------------------------------------z-----------
34 f v__vauu iangg e -.1 j_gp][ T1,------y---------------------L ---b------
�!Jcam-ma file a wi-itte Lo
35 30 calendai- date of and
36 (3) um N
--------M�------------------------------------- - -------------------------- ------------------------------------------------------------------ ---
37 Adndnisti-atoi- and fli J A din Of and-11 a -C:) tion fo]- val-jags-----------------------------------�� 1110-----g---------------------- --1--y --------- --------- J�jjca----------------------------
38 in accol-dance wi-Ol fllis section, E
---------------------------------_____
--------_____
--
39 (4) In I-esolvinu a vanance ----�-�ppflcatjon trrldel- -Olis, section courqy ji d n , 1) a I ing
------------------- ---------------------- - ----------------------------------------------------------- ---- --- -- --- ---
40 F"Tivil-onmental Resot,r]-us, and an ce dgu i n i sti-a-6 v e s"m IT,i n on s,
---------------------------------------------I------------od(�----- --------------;2� _________--_________-----------1 ---------------
41 offlie Mom-oe Cotrnt lh��I'lo-ijdy-f---fi-l-d-il-?gf-- de- -a--n--d )-[a M-fi--c--a--b--l-e---f-e-d-c-na--l--l-a-ws'lI F-le--s-
42 -- ___t________e__________________ ad t'Aty -d o delence and a ch minis -ative
43 shotrld not be modified (:)I- ovel-ttrnled trnjess cletJ 11" sarch
----------------------------- ------
44 administi-ative staff is, wth-n -- mrW �jj _________
45 it is
46 !j m itatio iris on vaijainces.
tg 47 (j1,j__The DOAH shall base its, decisions, on val-jances, on �chnjcal Lsv_6fications, sarbinitted b
-----------------------------------------------------------------------------------------------------jj�- - ---------------------------------------y
48 considel-ations, fo]- issarance in seoion1122-117fC.� I this, of
---------------- -----------------------
PC Staff Report Page 38 of 77
File 4 2019-093 1 Packet Pg.4410
I issarance set forth in section 1122-11-'!(,g) I � orts, and of
-siL jjlg_R�v--------------------------------------------------
2 flie Fjood]pj�-�jn Administrator and flie Btrild'n Official, Variances for aCUIS's,01, structures, in
L-11--------------------------------------------------------x-----------------------
3 A/AL` Zones shall be sa�b➢ectto flie conditions, in section 11112-117(1-1,
---------------------------j�- _j--------------------- ------------------------------------------
4 DOAH considers, fllej!!-�Lglj,�ty -�'Lltj �Lllrjanc(L fool owin 1"ictors, shall not
-------- ---------------------------------- _�!LgL -EM -- ---------- --0-1-g----------------a----------------------------
5 be considered material or relevant to the-heaxin- officer's, decision:
-------------------------------
6 a, 'I'lic a ------------------------ -------------------------------
L111].ys abilities, or s and Ileal-01 of.01 e��guljj Carl t or n�en�bers, of"his, 1",indly-
---------- . _�Jcal-dj�-------------------------------I------- -----------------
7 b, The domes-6c diffictrIties, of-� e a[ lel fall I
'11 U�jjcant or mem bers, of his, oij - "a j y-
--------------------- ------I - --- -- -------
8 C, The firlancial diffictrIt --(,�L.0 e--a ) flicant in C(: 1-yj �J! -.-�Jrl - a lgIuLgjLuL,
--------------------------------------------�y -- ---1. -.1-1---------------------aul. -Ll -�EL --- --jt�,1�2 ;21�------luLgl�g�
9 of.Deis, cl a ter or flie Florida ffifildin U�
------------------- -------i-M-----------------------------------------I"ill-----2(&-1'.1.
10 d, The elevation (:)1 1,st,11-1-OtIndinlk strtrcttrres or. btrildin
-------------------------------------------------- -----------------------------------
11 e, The alle ed di fictr]. (,ffl mi-ketijg -KtKg Sing jg1tifig jjg jf��n'i blrjl�� "tructur 0
g.........L.......[y... ..I---------- _g -11,i..... . -------- ------------
12 f Any -"L -------------------------------------------- Lt e].!,y related to a codified law_n,
0
13 <jppfl Carl t ormembers, of"his, or i i
-------- --- or cons"I'l-trCtive
----------------------------------------- K-i o �_��ns"Iruu�_give
-!2 W
15 be characterized as a self-created hards,11i - or
E-----
16 'ted sai("s of' e�,!ppj j cant,s pLg chaxac I ti-trCttri'C', U)
th
17 S�__QOAH has -Ole-d-ght to atuich sarch Conditions as it deems,
-------------------- -----------------------------------------------------------------------------
18 intent of--Olis, cllap-�
----------I- ------------ ------------I
rr
19 W)--f.1t1q!j.jo al uses. A variance is, mr-Olorized to be issared for flie consti-trction oi-
- n ky- - --- -- -- ---- --
20 sarbstantial -Ole con(hrCt ofa 1"trrictionally i �d in .0lis, 0
----------------------- -fol--------------------------------------------------- -t-fig------------- 0
21 -Ole Variance is, -Ole minjintrin ", siderin -Ole flood Ilazard and all (hre M
--------------------------------------------------------------------- -----------g -Ole f_�ood
consideration has bee ;e of me-Olods, and materials, .0lat minimize flood ( q,&Y g N
------------------------------------ ------------------------------------------------------------------------------------I a-f-ID- N
23 occ tr rrence of flie b a s e I'l ood,
24 1 's for variin s the DO shall C o iris ideratio iris for issumince, of Variances. In revie
........................................ -1-1-1-1-1-1-1-1-1-1..............a!2.9 E .. ................... ......................
25 Consider all technical �va trati s all relevant fi.ictors"-all oflier C e PE�ly of-Ole Florida
-------------------------------- ----- _j j u _
--- ------ CN
27 11 and/or debris, mayj��-swe.�t onto o-Oler lands, resarltj lg if additional o CN
-------------------------------------------- ------j---------------------------------------- -------------------- ui
28
29 (2) The to fife and/or pEgf�d� (hre to flood' -osl on dall.1jig 1-fl-g -i----------------- - -
u
30 .1y )fflle (211�2sed dc elopLnL��LvLjn ttrdinj-1 '( -eseeable Contents fliereof to flood U
3 ---------- ----------��V-�-----] - - ------- ------- _t-m------------------------ ------------------ -------------- 0
� Afdcts on ctri-rent and firture owflers, or.31 i Eli t r 1 m-�-�-�IL �-I'n LL fll-e ----------------------------------------------------------------
32 (4) -I'lleil e b the 11Lg " �d develor nL�� vL-Ld- - -- --- - - --------- -L(!�Lt�j----d --y
---------------
33 (5) I'lie availabil locations, 1 1,()LfllejpLop�2sled devel t -.j.(,-.jl-e ei-Oler not t(2
--------------------- ------------------------- ----- - ---------------- - ------------------------ -----
34 fluvdvdddd d1 rdddalr:n dainq&g g �it! a j��, -��y - -!,g-n ate I ocati on for 01 "Lg lL1--Lt!g labili �L at I_y-ai----------- - ----------------------------
35 which are risk of flood in -or en-'m-n-
36 (6) The ly :) - - -- -- - - -- --- - - 9- 1 - --:)
--( J��)J!Ln,�Llt wi-Ol existj
------- ------- ---- ------ - ---------------------lla------lt---
37 whi i C
service
----------------38 (7)
39 �11-L gam for-Ole ar-,a-
----------------------
40 (8) -Indduuudaa of floodifig-j"ol-ordinar -an g, I ITSIt
-
------y .j L,� -L
----------------- ---- ------ --------- ------
41 velliclec'-
42 (9) vejocj-d�Y, rate of rise and debris, and sediment trarlsq;2d2Lt, 2,2
�ijl ---�itil------------------------------------------------------------------------
43 floodwaters, and -Ole effects, of"Wave actionji"a pflcable C-!,g dj a i�
----------------------------------------------------------------------- -----P ----------
44 (110)'I'lle Costs !,-agvernmental services, (hrri 1-1
---------------------- ------------------------------------------rl
45 --- - --- ------------r-e--- ov-a--1--a--nd--m---a--n--t--e-r-l-a-n---e---a-n--d--rg- � --- ---- -lic- r-.6fit--e--,--an--d--1-"-i-c-i-l-i--t--e--s-,--s-a-r-c-h--a--s
46 -
Oncl !q, d " -1 �
1.1 jill�ited-to.) , electrical an water,', tc 11 s svu-eets and brid- �s-
----------- --- - ---------------------------------- 'y----------I--------------------------gg
47 (1111 )ytic�1111e],91aTLLM9 .11le Variance will resarlt in increased lljb C eXpgrises",Create a threat tojiIjb C
--------- ---- ,-------------------------------------------------------------jr -1i------- -------- ----------------------------- -li--.
48 Ileald an saf--'. -eat(-� (2, )- catrse fi-ai.rd or vic-61nization of.0 C-1--arld.
-------�h-----d------�-i!ya-C�----------- ------ -(:-i--------------------------------------------------------I-- -----
PC Staff Report Page 39 of 77
File 4 2019-093 1 Packet Pg.4411
1 112) rig -fl�v -�jiance will gi-ar Jig Carit a Sllr)(Cjal jrivjlg��e denjed to ano-filer
- ------------------ ---- -------------- ---------- ------- ----------------------------------
2
3 ................................................................
issulaince, of a vai 0_,�.'o inditio iris foi iaince for ac ess in A/AI, Zones. Variances, shall be
4 issarcx_on , ��n,
-------- j Ljm -1
5 Strbnjssj(:,�n_b --fl e-a 1J."'ant providing--.-I, �&-jjjy tion of ex tional Ilards'll,---- -- y --I-- _f2f
------------- -------- ------------ -----------------------J2--------------------- ---------------------
6 111al''11 --------------------------------------------------------------------
1�_� 2plicant wotrld inctri- i f a v ariance were n ot
7 flie F)OAH fliat flie strtrcttrre meets, flle definition for
---------------------------------------------------------------------------------------------- -------
8 1 1 aria �11� ��r 1, n', and is, trsed
--- --------- --------------------------
9 a, Ule trey t Is for flie constn.rction or sarbstantial I rade wet
------------------------------------------------------------------------------- ---------------- ---- ---- --- _,_,___ ___
----_a--c--c--e---,,,Llly----r--t-r---t-t-r-r-e--s---fil-a--t--s----a-- i )�L sq, -I--b--t--t--n--o---I-a-im
LL(Lsq 0
11 fl-J-11--size, -6
12 b, __L�c� (a I
:111-��_sents minimal inves"Iment and has, ](:)W- 1 11 a� t Ll L�a 1,
----- --------------------------------------------------------------- --------- 0
13 c, Are one stor and have flood
--- __ - - Y_ -- - - - -- - -
14 F- �ir.iWiTI&C g, - mtjal,_[�sjdg od W
15 d, Are andlored to resist flotation'Colla se or lateral movement resarh, fhmn flood loads,
--- - - - - - - _L W-------------------------------------------------�rl_g------------------------------
16 e, Have flood (tIaL,�� I a'i on M U)
------- ------------------- --------f,.�jjj
17 fo ot,
18 1", Have and (jectrical systems, inchr IILII� �L�-------- -------------------------- --------------------------------------------------- &J"
19 to or above flie base I il I [oot,
20 0.'o in d 1,1,ui_o issumince, of otheir vairiances. Variances, shall be issared,ord jp),�2Li-in s fo i
.......................
21 (11) S-ki-d" J( n--b- -------------- -----__-fJ----------g-!-J--ca--nt,--of a s, lown o-f-- ,q�fflfic--i-e--n--t- ---!�-!�t--- - - - -f-i-l-a--t---fl-l-e--i-t--r-n, LW U
22 C---arac errs tcsoffle ogee, Co-n - s4cfi-n--dt Co---
f,2ja ewfll ny N
23 prov-ision of-f1lis, C-
a[
----- ---------------------
24 (2) jjj atior -by tt�� fliat-
! 2-------- -------- ------------ u
25 a, Failtri-e-to �ar ��,urested Variance wotrld resarh, in exu tional
------------ ------ v�urested varbr�vwotld I p�
_
26 Cal Characteristics of f1le land -filat rerider flle lot tr able-
N
27 --file -ements, or Inconvenience do not Constittrte Ilards,1142-
-------------------- -- ------ ----------------------------------------------------------------------------------- LO
28 b, 'I'll e a Variance will not resarh, in increased flood to
------- ---- ---------------------------------------------------------------------------- ----------------------------
29 la __P!j�jjC_exjpg Create ntrisa MC Catrse fi-atrd on or
M-Ey ---- ----: -------------____-----D----�Ii----------------------------------- U
30 victimization offllejl!j� - Conflictwi-fil ordinances'- U
--------------------------------- ----------------------------------- - ---------------------- ---1. 0
31 C, The Variance is flle minimtrin necessar -C(:)r sidering Jig I az,�-!,E�tj,o afford refief"
---------------------------------------------------------------y iw -------------------------
32 vv n p req!j I Varian ill��,,qg e w n o t re sarlt jgjvu�
---------------------- ------------------------- ---------------
33 ve C ofriseand debris, and
i .y �!L.!Jlg floodwaters, and flle
34 --f--f,v-C--t-s---o----w-----v--e--a--C--iatL --f--`-a-]f2f�j--c----b--le-� ex]r
----
35 e, 1,11e uamUng �L_ftv i�_(m ,sted vaariance i n creas-e-d
36 (�Irl 1111�(N-ated trn der Secti on-JI 22-17 c CN
-------------------------------------------
ar �d ,
37 1", I'lle gl- Variance will not resarlt in increased risk ofjj�j�gic a
------- ---- --- ------------------------------------------------------------------------------------- ---
38 g<baauagg uuuggu u<gDgg trrider Secti on 11
39 g, Variance will not resarlt in increaSI(Xi P!j� �Xjr a jjC g ig
--- --- -------------------------------------------------- ---------------------- --------
40 a C :r victimiza-fion lic Ileal-fil and safety -.-jjji.rbljc ntrisan e� r catrse fi-ai.rd o
----------------- ----------------------------- ------------------------ ----------------------------------------------------
41
42 e jg�.-1,11.6 n will mim, adv(N-S,(�,j tj]�� C I(NNIU,
------- ---- -- ------ ----- ------------------------------------------- ----------
43 in
44 G3)
a sworn or attested and notarized statci t b -fJ e t -filat -file Varian g�
------------------------------------------------------------------------------ --- ----------------------------
45 garl1gl shall be recorded in flle Office off-file Monroe Clotrnty flle Cotrq in sarch a manner
----- --- ------------------------------------------------------------------------------------- -- ----------I-----------------------------------
il � �d 1L a
46 lat it a )ears in flle Chain of title of flle affeu(� al,__ - - --- - - - - - ---][;2� an d
47 (4) 11 1,Lgst i s
_jgj , for a variance to allow Construction of-file lowest floor of a new btrilding., Lr
-----------------------------------------------------------------------------------------------------------------------------------
PC Staff Report Page 40 of 77
File 4 2019-093 1 Packet Pg.4412
I sa,ubstantial ' UTovenw t of a bi.61di ijired elevmion Copy I flie record of a
- ------------------------------------- - -----I--LL---------------------- -a----- --It---------------------------
2 Written notice fi-on. e I'l o(")ilIfl ain ficant for flie vaflarlU ci I.Y
-------------------------------Loh---------- --------------------------------------------X11
3 diffrn-ence between flie base flood elevation and flie devation offlie lowest flood ,,a,i g
------------------------------------------ n
4 Ill at-I'lle--c o st_o I _1'�xl eral J-1 o i I LDer__c on�n en sa,�rate-wi-01- crea sed-Ii sk le_sa,�I ti-ru
5 fi-om flie re(ftwed floor elevatio _(!j.p !,g - $'1100 of insan-ance coverag,�J�
fi-o �Mu - - - - ------ II,f 0
and below flie base flood elevation increases, risks, to ljf� andjp-.u) -�Llj
- - - -- - - -- - -
7 _�j'_a__V_aI-j--a-n--c-e--de--t-e--r-m ---a--t--on-------a-y----------- ----------- ,- - --- ----------------1122---1-19------he
8 fcdh,ve to-timely -_Lglg I.Y � an a ) )eal t,mder .01is, section shall constitt,o,e an in-evocable
---------------- --------- _jp! 1 --ittg---------1-1---------------------------------------------------------------------------------------------
9 jigisdictional--- sij-01---a---v arian G_r_ __ Grr 6<rruury to--ex-haij s-t--ay ail abl e
10
11 0
12 Sec. 122 1% --Apjk11.Ljl[j,
0
13 (a) AgIAI�!-4y,-The Division of flie at'vOlority L�! �ar and
-- ----------L------------------------------------------- ----------- --------------------------- .- jig-----------
14 final administrative acti re�(TI 11- n 1
------------------------------------------------ --- --- - ------ w
15 Code and flie Florida ffifil Code, The 130("(" retains, flie a o
LAW,--------------------------- ------------------------
16 its, exch,�sive discretior a[;2.fH�int a hea jr W,LILficer who does, not work for DOAH,
------------------------------------- -------------- -- - - - - --
17
ellate review of flie record s
18 tribi.mal and shall not be-a lwlaf 1�� t shall be limited to alul------------------------------------------ --------- �tiaj ------------------------------------
19 created before flie l3t,61(fing i _I(T-C 011�'11111'y
__�"j['j,jCjaj in his, ( j as, flie Monroe--Co1jr1ty `!�Iq�jjr ain
---------------------------------------------- ------------------------- ----- ---- j !!q---
20 Administrator and as, I �( e flj L s, ct ) b
I )T I �_set forill at sijb e J(: section, I I e-a ) xjlant shall e 0
------------------------------------- -- -- --- I..f------------------------ 0
21 U_
22 b,se i.� ( n clearly T i mul 'e, Clear and CoTIVITICI standard of revje�y).,. N
-� L - Ic ng..Lg -Lyidg jt� N
_u ---L ---I!.:)-- ---------- ---------- ----------- - -- -------------------------------Ila w
23 resol ml t,mder thiS, and F"Tivironmental a
---------------- -----------------------
24 staff of flie Monroe Cot, day.------ -------- -------- --- --------------------------------- ----- ------------------------------------------------ U
25 v e_PI an Monroe CoijrUy n resofijtjons and of flie Monroe Cour Ly C( d
----- -------- ------------------------ ------------- ------------------------------------------------L------
26 abrrr Iry Lv_6.ded to dgj'�n'(_Ince and shall not be overoji-ned as, long as sa N
--------------------------- --- --------------------------------------------------------------- �--------JA--------
27 a fication is, in the intc a fications,
--------------------------------- - ----------------------- or-UM--------------- LO
28 Mjce I"a ) ) -.-�jr -,-Iy , � initia b a real p ).,�g 1,.y owner who has, received T_
__�qitjatjoin. A m: �AL(j _111� LU I _ a
----------------------------- -------nm� ---------- y---------- ---------------------------------------- ---
29 1 1
11�j),Y�Iitten administrative decision fi-om the Monroe Coljnty �Jldjn Official in his, orherc a !y
------------------------------------------------------------------------------------- -------2------------------------------------1 2__�_ U
n", of u
30 as, flie Monroe Cot,m.�,y Administrator re aldin_j-Ljjg floo flairl I -�r 0
-- ------------------------------ -------------------------------- - -------- ---------
31 .01is, Land F)ev -11 natural who as, aresafltofa
---------------------- ------------------------------------------
32 final admin is stove decision of flie Monroe BlEdin Official in his-( r-11 flie
33 Monroe Cotglt 1pj�,jjn Administrato i ar�tj 1 -0 e floodpj�-jjn in, (NI�(�ITV .01i_.yjj�,�g L _gg _I_g----1-
- --------------------- ---------------------------- - ---- - --------- --- ----t I ----------Lpm�_!, _�n,-s!--------
34 Land Devehon � Itf,odellas safl'fered orWill
_and -------------------------------------------------------- r,uuddvr vuuwlrurywjrddr rrrrr.
35 fliat svj,�.-Ind' g- oses, 'Owl I interests,....... ....jEig
--------------------- -- -A-- ---- --- --- --- -------11- ------�jtu---------------- N
36 Covered b I
---------------Ly ";2L�.j a U n it,v_j_e_sjjn der- secti on-are-I ntere-sts,
37 )T � ci �,y Plan or heal-01 and safe.!" It shall be le a] y-insaflTicient I"( jj.Ls-6 a __LI- 0)
--------------------------------------------- ---Y_JjL�L -- --------J-----------------g---1 J------J----------------- ------- E
38 flie
---- ---- -------------------------- -----------------
39 COMMI'mity -,-Iyg � -.-Ind fliat is, not djff�n-ent in kind fi-om flie comnn..� i-� a'!, hiyge, Ftn- ie for
--tj ------------------------------------------------------------------------------------IM-1-- - -
--- ------------ ---- ------ L--------
40 ceed an all s, in, n-je ��e .01
------------- - -- 2-1 -- -- --- t ---------i-- ----ZL�-------
41 interest in a comint,mi
Ily -.jli take flie R JJOWI twO scenarios- A
-------------------------------------- - ----------------------------- -----------------------------------------------------I------
42 fl-, 11 Is of".01is, Code adversely
-1,1 D - ----------------------------------------
------------------------------------------ ---
43 ALinterest �_�
----------- ----- --- ---------llQ�a_lllaQer s
--------------------- --- -----------------------------------------------------
44 Claim aim a decision re&�Igfin .0 g I I a
I_111A of".01is, Code adversely-a �Cts
45 1 is, I nest In nonmental or na ,val resol."'U, n shall not k,Its Iter
- ----------------- evir
---------------------------------------tt----------------------- -----------------------
46 A notice_of a ) )eal in flie I"(: prescribed and , -Ltjg l-_tqjldjn _-Official and
I I 2EM- ------------------------a y.. .. --------& --------------------
47 Flo( rj!�.-jjn Administrator nnjst be filed wifli bofli flie Coijnty Administrator and wi-01 e 13
NIJ -- - ---- -------------------------------------------01------Ijilding.
PC Staff Report Page 41 of 77
File 4 2019-093
1 Packet Pg.4413
I De .-�qjnent within 30 Calendar dais, of-file final administrative action, Faihn-e to file s, 0 a pg-j
p� --------------------------------------------I y----------------------------------------------------------------------------------------I----i---P.]. �-�
2 wifli bofli--lie Cl(: t To Administrator and -alit_ l3t,d](fing. wi-filin 30 Calendar (by , of -file
---------------- - ---------------------------- ------- - -------------- -----------------------------------------L(�- ---------------
3 ,_ _____,_,__ _______,__, _____ _,_ ______ _,_ __ _ __, fina
- -------------
4 administrative null-11-CNI Is of-fids, La Id I -� iu) nent
------------------------------------- --- --------- -g---- --------------------L------ H--------
5 -Code, w-a--i-v-e--_shall---a--l-so-C--on-s-t-t--u-te-a- w-a--i-ve--r--of-"-a- ---1- 1
-
---- -------- ------- --
L,t(- a r a -1,reated-d-ecis-on
6 ol'the Direclor on the basis, ol'the Building 21-t�jtqt's s axate bijt
------------------------ --------------------------------------------------------------- ( j_ _t -----� @-g ----------------
7 related final administrative decision -filatwas, never-pEgf�� y 1-1 t tj I e y I -<-jgpg�-btg
------------------------------------------------------------------------------------- --- ---------
8 (j1.J-The notice (:1f-a ) xml mt,�st be notarized and mt,�st inchxie -file names, and addresses, of -file
---------------------------------------------------------------------------------------------------------------------------------
to - fl,� � ntnnber 9 a ellarof"I'j, n-mit a jr I g Ety flie a-pp j -Y�� - ----f� -- �!Jca fol- -------- -------- p -----1- ----111!L ------------------Rr,��, ----------------
10 associated wi-fll formi -a slj� --g, and -file names, of all :6
---------------------------------- ------------- ---11� - j�� _� aig -g -- ---- ----------------------------------
0
11 ownel S-of real pl-_%�� 1, J( "'m �d-a( acent or flig j,,1gjjjj )P�_Lty t�!Y� ',,tl-, �
------------ ----------- li----------------------- - -t-!! -[jig
12 gJ' alealed final administrative dc�,CISIIOTI I I- ----------------------------------------------------------ml�L --y
e 13 (2,1 1 �Cej[g, Igtj _all A ol.vqy shall deem it compj�g�,��,, Ig y --, ILI tim(A-jjPgL-1g-----j -Lff, -L -Ji -at-i v�--- ---------- _ ,hall veem ----------
��L----------------------li-1-t-inumaILL� or t'vitimel C I 14 fi!�� or shall deer , , V �d, or-in on T ig C(: uro shall wi-filin 115
---------------jilg-- ----- ---------- - ------ ------------ ------------------------- W
15 work i dlant if its, notice of -.-Ipjr JS 1jr1timel 1y �d or is,
jLls ----------------------------------� �g- -------------------Y-slLilnirmmg- jil-g-------- ---
16 tu rdl er "iction shall be taken on flie notice-of a]fu, �al t 1P o ljle n nss, he U)
J,.Itj Cati 17 deficiencles, are remedied, An ly i �Ll, jncompj��t�� U, of -pjr -'t
---------------------------------------------------------------- ---- - ---------- ----------
18 ��!,[(Ictjve m-jg�,g,,ffly
------------------------------- - ---------- -------------------------- ----------------------
19 and in no event shall -file , d y,30- (j, -jjj1jsdjC1,jonaj n-jod to file a notice of a[ ILJ��Edljs section
--------------------------------------------------- ------------------Pg----------------------------------------M�� j,!TI _ ljs
be-tol-A-d ' riod in Which a notice o , a ) xml has been deemed im (xi or 0
------------------------------------------Lim------------------------------------------nam�±�--Llj--------- .2
21 -file issojance off-file final administrative decision ald -flie-fifing U-
El--------- -------
CN
22 o---f--a--n---oA---C--(Lo---a-Lai e--a-----f-il-a--t---file----l-O-U--T-- Y- 'I,
---e-s-,--l-c- ulticn t----s-,--n--C-on-- L �-o-r--
C14
23 shall be sa.hu-acted fi-om -file , -g]�.-!,y,30 -Pgniod--by-w ich an jjjp jlant nnjst fil a C(:mpj�g�,�� lotice of
----------------------------------------------------- ---h----------- ---------------------------------- -------------
24 su, TI o - u
meal, For exa � le take flie 1`(: 11 TI exllat,�stive scenarlo- The final adndnistrativ(�,
----- -- - - LI-11---z-------------------- ----------------------------------------------------------------------------------------- U
25 d--e--c--i--s-i-o--n-----,-----s-a--,u-e-d--on--------------------- ---I-20--20,_- - �_a jr � - !g�s---a--n-----n----o- pg�� L-------=ofs
26 gjuleal on wedncn,�itgy "" 2021 and -file COUTI notifies, -file -filat-file notiu,
- ------------------------ --------- ------------------------1y----------------------- ------------------------- CN
N
27 of <jpjr is, jncompj��t�� �Ll gy, Between janlmTy and- --------------- - -I- - --2, - _2�9:Zjt---------------------------- � -j............ --2�"--- LO
28 hl'-;-Con s 17
anned 2 11 of its, '30 calendar d lys, to file a tjnWl I
LL- ----- arl d-C(:I ( e
--------------------------------------------- ----------------------ly-
29 _I ...y__.t.h..e.._.(.,..�!A]jy--t-o-n-o-t--f !_jhg, ,jprtgj-l-a-,n--1-1--of-'--t-h--e----n--o-t-c-e--of---a-R Etg�_g -A U
30 ---------- ,__shall --b--e---c--o-ij----t-e-d- -a-� t Cl fj e gn t U
0
31 f�Eg fLyj- �a C:)!-np!g1-,-g--T----t---c-
e- - --s--n---ol---1--(-a-Aj'-
-o-n-
32 to the shall have n d-file notice Of a ) )(m] is, incom Jet -file uu� I'a � -1, s---------- --------------------------- - -- j,..j-------------------------11---!�� --------j ------------------------Ln�----
33 remaj
-- --- - IiL-ls- ---tFe,Ekt,-b,jy ' '-�-2020.1_ - -- _-jg-a---c-o--- -l-e-te-n---otc-,
-e---o- _a--f-
deal,-e---a--l--,--1---1--I--l--l--e---
---.-I-p--jr
34 does,- -ojjjj)jjgjj - of iet bybI r1h o-tfld- C--n-st-tute aw-
--a---v--e-r-
35
C14
36 (2.1-if-the Col.vqy ��tg�Llljnes -file notiu, of�gp ��!t is, com fleL(�� and I timel fi ed� it shall
-------------- -- ----------------------------- ------------ ------- -------- --------- ---- -------------
37 TI tat n oti I I e
-----------�v---t h
E
38 gJ' altican -!jIg oWTI ers, of real �j gjj,�!Cent and t!2 -eal
- ------- -- - ---------------------------III yj��!� --� t� - ----------------------- jp� - -�:)fj------
39 VE%Lty to Which -file decislo jates, Once -file 'OUTqy
------------------------------------ -- -PE�T��- -- __ _ -----------------
40 determines,-filata mimllce-of a xml has been J.y -.-ILi 1 --6 filed and
--------------------------------------- ------ ---------------------- L�------ -------
f a 41 shall f the with a, a,n ad rn j n j stf,atj ve I IT gin of1jjr'
----------------------- ------------------- ----------------------------------y� �j�,2g_(" �,.!........
42 be a s, i jg vt e d condijo, an - -hea iLl� be acco� anie of-file
-----------------------nul--------- ---r�1�y rid
f�-6tjon and a notice of 7ot, qy C :)( v The noti e-( 1"jg) �al will be forwarded to -file
----------------------- ------------------------------- ------------------------- ---- ---------------------------------------------
44 130("(",
45 (.g� 1. of fi fig"1 1, fl, IMIS11
J'ffec
46 Jltim.-Llt, a
--------o--t--c-----o-----a- x-m----------a-------t-g -g-
t -jpLLu-jt actvil --------
1,
47 ft,vdlerance of -file administrative decision _a jp�,-�tgst g�tgSs flie Bijilding "Ifficial certifies, in
------------------------------------------------------------------------- --P. ------------------------- - ----------------------------
48 writi-na.-t(,--the-assi e�jj _a-colly -L�! -!jIg a[
--2 ------ -------g�g -1-------- ----- --- ---- ------ -- ----- j yL ---------
PC Staff Report Page 42 of 77
File 4 2019-093 1 Packet Pg.4414
I a li "larof"I'l Ild a -.-1,qY -ftg �aL flia-La st�-!,y "��,s an j 11�11�j n en t pgri I to I j 1 1,1 sal"ety,
U20-�----- _IqL --- --j J�--- -------- ------ _p�!- ------------------------- ---------------L--------
2 Ileal-01 (: I I which Case -Ole a )eal shall m:m � a 1"in-th ed,
- -11 L U) -�Lt.y 21gi
---------- -22 1�. -,-I�----------------------------- ------------------------L--y ---------
3 in 1"in-therance of".0le administrative decision-a ealed' 'I'lle Ileariti-g Cn-ma
-------------------------------------------------------------- ---------- -�pp------------------------ --------y —j -------
4 '611WIly n on, review salc --
h Certification,
---- ---------------------- --------------------
----5 ----------- -----h-e--
-c--an-t--s J� i -on th-e--d-a--t-e
6 --
-.-Is flie Monroe
---------------------
7 Coljry --Flood lain Administrator, The 7ot,m- shall have '70 Calendar dc�ys -jj�e date -Ole
---------Ily ---------P-----------------------------------------S--------1y-------------------------------------------- JL --- ------------------
8 notice of' deernedj2Eq[ki,,jty arj�t timel filed corn Im 1, and , rn j n
---------------------------- ------------------ _5- ----------y--------- ---------p---!--�- ---------(-o---pj�- - -----
9 which-to---serv-e---a 11--P r ij-e-s--a n d---I j I e--witl 1 1-1)0 A 1--1---a 11---s-ta If u�21-j�,- -11�a te ria 1-s--.0 1-e---fin-al-
10 t administrative decision re fie s, ,� on,
---------------------------------------------------UR-----
11 ------- -------- --- pgx]---o--r--p i- ------- - - - --- -------s--a-----e--nj- _-a r---a- Jr� !� ---bj-e--f-'s---s-e-t---1-"o-r-l--i--i-n---t-he
12 --
0
'I'll e 6tial 13jef'shall be ser edt'g I
------- ------- ------------------------ JL-----------------------------------�y-------;2�2L-- -� �1 -Y� 0
13 (:)1" record 1"or Monroe_Coijrq�y qjj�j I �d wifli DOAH wi-Olin 30 Calendar (a s, (:)I" notificmion (:)1" 2
-------------------------------------- --I------- jil-g--------------- ----------------------------------------------1--y---------------------------------
14 of sawll notar�zed noti (:)I"a )eal, The Answer Briel"shall be served i �jta C ---------
------------------------------------------ - ---------------------------------------------------------------- W
15 ifl-rig and service of"the Initial l3jgj _A_Re I a
------------------------------------------------------ --- -----P-Y 1
16 be served 1"or Monroe Collrity gLi,�t fli DOAH wi-Odn U)
------------------------------------ ------------------------------------- t-w-j-------� � AH -Odnv
l5_da s,_(:)I"fli e fi I j rig aliitsg-v j ce _Pali e A n sorer Bri e I",
- y -------------- - ,- --------------------------------------------
18 (11AH-filed briel's shafl Contain 11
- - - - - 2
19 a, I'I I e CL
20 b, Th--e Ca- rit'm bc L, 'a
1 0
---- --- ----se------- 0
21 C, The name of`fllejp�.-�jjy
--------------------------- - U-
N
22 d, Ill aj I addres'Sla-arld -Lgjgj!j]L n- of`ffiejp�Lson fifinj -01 j N
-------------------- ------- ------------- -------------
23 e, I'll e el ectron i C or n on-el ectron, Ig aL�gg J'flle
jef" and
-------------------------------------------------- �K�--- ------------ -------- ------- ---- - ---- ---------
Ille an 24
25 (2,j_At!_jnj tial bri e I's shaft Contain fliej"oll ow i TIL4,
26 a t,o,ed issa,�es (:)I"material 1"-wt, H"fliere initial brjgj`mt,�st
------------------------------------------------------------------- ------------------------------ N
27 icat
LO
28 b, g --I-e--sj!_�.,Jfi----1-"--w--s---fl--i-e--a-me-]--a- I-29 (,,oni,en(l1,�,-wa,f,f,a,nll-f,evef,seal--oi'l,h-e-]3iiil-(I-i-nl.2,_KI(Ci4:ia,l'-�,',-I-i-na,l--a,(Ii-n mill-,,I,f,al,l-ve-a,("I�i-()n'_a,n(I T-
U
30 c, An exhaijstive statement-ol" all-silg6fic ](:)Cal Code sections, aadatldCtes or u
--------------------- ---------------- -------- --------
31 a, rtgflq f,e( R-.W(-.'Ts(,d ol'the Buildin Qfficial's, final m
---------------------------------- p _ _tq a��ald�-------UH----------------------------- .. ...�2... .....................
32 adndnistrati,VC� actIOTLITICh'xiiLl�g-an ex -.-I'nation of"llow -Ole alle� to said Code
----- ----------------------------- ----- --- 1.11� ------------------------------------ - - -------------------------------
33 'q,-�Lg -.-!,Lj!)jnjstratjve njles,
--- --- ---------------- ----------------------------
34 jL�jkjal Notice. A shall take ficial no-6ce of" any qjg 1"orth below when a J11 =---------------------------------- -------------------------j!�,!g---------------------------------11L I-- -----------------------------------
35 MiEty-PEO-1---Y-!!�!:)tj On s, I'or j t an d e 1-1 -gives, each adv(-ITSI(�, aILLY 1HD m notice (:)I the re(jlj---st., 1 (2-Y-Y�j u,g - --
-------------------------- -------------------------------M -----------------------------
"I'll N
36 (:)1"which is filed with .0 e-hea n --(: I cer, u:) enable the adverse -L�1111get the re(� "i L,--------------------------------------- -- ------L-a -1---i----- ----------------------------------
37 and fin-nislles the Cotn-t with safl"ficient ird"ormation to enable it to t
--------------------------------------------------------------------------------------------------------------
n oint Citati T � �d ordinances, and resoh,oions (:)I" the E
fi I (by-i2i
38 P
----------------
39 M(:)nro: e_( (:)ijnty Board (:j'(`(:)ijnty_ n i SIS11 Orl
------------- --------------------------
40 --111-�Llvjsjons (:)I" -Ole Monroe Omro Code (:)I,-511�jfi 11 identified b
i —y -------------------------------------------------- ------ -------------
41 Ordinances and Monroe "ode,
-------------------------------------------------- -�----------
c e n 2.1 - --------- ------- v --------jjj-��IvLjs�L �s�of'flie Monroe
42 -5m�,Jfii jjy.id(� fflicx]-L�-Pi a d
43
tifiel 44 'ifi -11 j 11 L fh—ni flie Florida ffifi Uode�
L"'�1—y Ek- -------------- ---------------------------�LAW-�-----------
45 (_5 h5jrl�cj fi Cal I Y-j dentj fied-(by-pin oint Cltatlonj-p!j� C tat1.vLQL law and resoh,oions of Ole Flor da
------------ ----------------- ---P-------------------- -------- y-----------------------------------------------------------
46 1 Xlgj mt,!Lu,Llg-an
PC Staff Report Page 43 of 77
File 4 2019-093 1 Packet Pg.4415
I Y,J-5jpgcj fi Cal I Y-j dentj fi ed-1 egjsj�itj v e-svuj,1,1`1-gf��21-1,,��-�tt�t �gjjatjve matel-jals, in Connection
------------ ----------------- --- ------ ---------- -!�� -------------------------- -------------------------
2 wi-fil -IL,11!jD lltattl-L�Ily -,iE -11le Fjojda lxlgjs�tg,-Lql� and alit " itIaLn',
----------- -------- ------------------------ - - ---------------
3
4 (21511�_�.Jfi 11 identified (,b. in -file Code of' Fedel-al
i 'y---- - - --- -------------------------�_�:d
fi I I j I r j I i I es, (:)I- in flie Flojda Adm finis ti-ative
6 ----i -y Ek-L�,--I ------------ -----------------------------------------------------------
7 (7-ode,
8 Inaa ficial
-------------- - ------- .. --------
�!,, -.01 Y-- -!,J[-,�
�l dia Cj Igb � J,9 notice (:)1" 11 aqeys, Facts, that al-(�, not sarj-e-ct -'a- - - - 2 -�nylng-m,� ---------------------------------------------
10 acctrl-ate and I-ead y -Lg�- tion hy sot'll-Ces, whoSIC., acclrl-ac u-!,nnot be (pj��,,qjoned,
---------------------------- -111ina------- -- --- ----------------------------------------y--- --------------: - ---------- 0
11 (111(12mpij�tjn ThIle. In Co of'time "in ajr � -.-I'Llt Lst file a notice of"
----g--------------------E! ---- - - ------------------ ---------------------------- ----------------------------
12 um�at-!�!ndcn- s "tl -11le final administi-ative decision is, issared sh'-fl]
------------------ -------- ------------ ----- ----- ----------------------------------------------------------------------------- 0
13 be inchrd -Idjn (:)I tinle trridel--fids, section� day -11le act fi-om Which 2
--C- ------------------------------------------------- --f1w----- -Lff a a_f�om
-fJ c C-1WLI e last day-L-k��uiedqd shall be inch.rded I L.f,.�ejod (:)I"-finle b shall not be inchrded, Th 2
- - ----- --------------- i�_��qd �ahall w
15 trnjess it is-a-sattrl,da j.nda, aj ay as is, defined al, Fjojda Rtrje of".1tr(ficial
-hilida --- - - -------------------------------------------------------------------
16 in Which everlt fll(Lj,.�ejod Contintres, to njn trntfl Ille next-day -Lt�g,-L JS not U)
------------------------- ------- --------------------------------- ------------------------------------------------------------ --------- - ----------
17 a is defined al,Fjol-ida lb.rle of".h.rdicial Administi-ation
18 2,514fal(�l).,
19 (jj�jKEjice and liewHi ,.Th( 11 1 jrlg�ltficel- sh'-fl] setthe tinle and a--------------------na ------------------ ---------------------------------------------
20 scn-ve wl-kten notice al,fllejl- (jecti-orlic addl-ess of'I-ecol-d'-11"an-t au a 0
--------------------- ---- --------------------------------------------------------------------- -------- - -----------m , -h-a 0
21 no-el-e(Ilt,oni(,,-a,(](If,e�,��,-oi'f,e(,,of,(],-",�,ii(,,h-wfilAlen-n-ol,i(e-�,,ha,ll-be-,,(-,,nlll�ol�h-e.rtci,1Cty'-",,-�"I,f,eell-a,(]-(I-f,e��,",�,-oi,f,e-(-"of'(]� M
22 The heal-jr g, N
N
---------------- ----- ----
23 -and , IgN r � ,�Ly � detenninatiorl-(:)I"all�j,,:,pgcts of'-1 I aru ml,
y -------tL ---Rg!�, -g------------------------- --------- ------------J-
24 Sill bill ittals.
----------------------
a jp< ----------- --------------- ------
25 final ol-den', Within a tj I e dcn� Ij el
-------------------------------------nl-�-----
26 -ujken in an dies, section, No sarbr be issared
------------ ---------------------- ------------------------------------ ------------------ N
27 1"(:)]- doctrillents, (:)I- witnesses, trndcn- flds section, No testinlon shall be takenjn_an ap eal trridel- aids
--------------------------------------------------------------------------------------------------L LY-------------------------- --- -----j j�---------------------2 LO
28 sec-lion, T nd I"(:)]- I-efief no I` t -aie ad in an ini-fial bi-ief`is dee nle d abn adone d
- ---A ----------------------------------------------------------------------------------------------------------
29 and waive Lar c j la not be mised I`oi-flie M a ly A",
30
0
31 Sec. 122 21). V iolatio iris.
32 (jij..y iolatio iris. An dev Ilent -filat is not wi-filin -flie
-------------- y - - - f-1 um!
S, 1,11 al,i s, n orl-C To 33 Id trlated , y IP -t�tCtlj Pg C
CQ-1---1.Y-Pg,2I]!L-----------------------�Itaf
34 o I--J n--C o TO]i C t--W i-fj I _an i s,s1r-e-d- I- -0-1-a t d o e s, s,-u-i-C tly-a ad-I ir I I C I %j I -fj is, C I a
35 Constittrtes a Violation (:)I,a am j I d--D- ---)-I---s-t--t-r-c--duals---w---fl--o--t-r-t--C-o----V e---e-n----do-c--t-r-i-l-e--n--a--i-on----:-)-I-
36 C(N-lificaw.'j, -_ -x] I tj I" ,,(� -��lj]L� -q!jjI( j Cal'i on
---------------------------------------------- ------- ---- -- ----------------
37 (:)1- o-fliel- mil etent sarbstantial eviderm., of' g -,L!!gd -a his -file Florida
-Ili---- -------------------------------- - - MllpflarlUl Tcxjj�
---------------i ------------- ---- ---- --- --------------- -----b-y--- --- ----- ------------------------
38 Ruddi constittltes, a Violation fliel-eof,tr
----------------------------------------------------------- -JA,
39 Did f'flds chag��. -na- df 'On1g�
-Lt"-q-j--n---s-,
PEC - -IL- -- -------------------------- -
40 a viola-lion of airs, is, and shall be held to be JITe] a
- --------- --------------------------------- -------------------------------------------------
41 iTITIvei-sible in n attr i-e,
42 (jj)_AutjhoiHt th"it is, not within the scoj,.!� the Fhwida Code btrt fliat is
--------------- --------- ----------- ------------------------------------------------ ----------------------------- ............................
43 -fj I j s, C I I�,-Ip E a tt�t , detennined to be a Violation of'-filk,��t-by------------- ----------------------------------------------------------------
44 Administmtol- (:)I-his, ol,I ef-desi atrfllojzed to scn-ve notices, (:)I"violati I notices,
-C- ----------------------------------------------------------------�2L�------------------------
45 Cease and desist ol-deys_oy stop IS ted to -file owneys, of"-file
-------------------------------------- ---------J. -- ---------- ----------------------------------------
46 f2L(,)J!C_Lty j rl v ol V,��Lt� Lty ,!,2 Jdenl,�L -�,LA�.
------------- ----------
47 i
-11lirl -,-�Cttjtatjn e -fonnance of'-flie woi-k, The
-- ----- ---- - - "o-I------- - -------- ---Pg-----------------------------------------------
48 F I o(AI)l ai n-A(in)-ind s-ti-atol- Ile]- fllol to s tati on s tj on s�Zed el-ve-cj
PC Staff Report Page 44 of 77
File 4 2019-093 1 Packet Pg.4416
I of-Ods, ch�.-jpt�, hall be disf �st g!" In coljn-Ly Service ijnder -Ods, sojbseojon mad j�
---------------- . - -�yjjjch-J--------------------�g,,g - --------------- --- - ----------------------------------------------------------------YJ
2 aM amfis, e fir-Y 11 d 1-1i , ]�-- )- 1�1&j--by LI J1- y n�ij I g fi(x (I_�t� �! --�2L-j- --L- - --(L�
------- ---- ----------- ----- ----------
3 method at,ollorized t.mder Section 8-34 ofthe Monroe-(" nlly C'ode of"Ordinances, orSe-ction 1162,112,
- - - - - - - - - -- - - - -- - -- -ii� ------------------------------------------
4 Florida stati.rLe s"
on or t,�se of a 1: 1(firl 01,
5 (f.j_Contin u[in Violations. Arly L'son Who Con a I )i g-------------------------- ----------------------------------Ly-�E�------------- j,
----------------- -------- -------
6 -a e I av rlg..� erved WJ-01 work order or cease and delis t ordel, -dering tj]<-�,t
--1�� -1,---I------- ---------------------------- ------------------------------------------------------------------o-1---------
7 sawli work 01,LJSI(�,Mt,�st SY) or Cease and (( , 1, exce 1,sawh work as,fliatpgl-son is, (firected to lawl"ifl]
P- --------P------____-------___----------- ----________------___----------------------Y
8 f2glform to TCNM:)V( renl OL
----------------------------- ------ -------------------------- -- ----------- -----------
9 a IY —son or ento j s, M b an administrative heari o I fj C obi
L --pg--------------------1Y-------foi.-D-d----y------------------------------------------11-9------------E,--
10 contracton" examITHTW L, L a cotn-t of Con P T1, d C-6 or to 11 a v e v j ol at(Xi -01 j s,
----------------------------------- -- -------------------------U, .111 L"-- !jL by
--------------------------------
11 COT erform sawli work sa.ubse(� t to fl'le issamnce of a st( p 0
LLMUJUD-9-AILU------------------------------------------UL�-Iil------------------------------------------
12 Contractor"' b i _t i a V a C tj o n a s, j t d e e I I�s, n e C e s,s,a]-,Y.a n "'gase sawli--- ----------------------------------------------- -----itjp! L- -�-- --------------- 0
13 aCtj-Kjt.Y,-jTIC jkvuiu D uuo not fimited t�! "�t Pgrisjon of flie 1-11 J.-P!jjjjTI �Jvjl( es, of a I Contractor 2
----------------------- --------------
_g,-jr
-------- - --------
---- ---- ---- -------1-Y-------------------
14 work, Any � som who coroiru..�es any 1� of a ty, , �,!Jjdl---------- ------------------------- ------------------------------------ -----------f,.�Lu 1 -b! -----Lui -2f. w
15 after havinu been served wifli a notice-(: 1 1,hear' Ig or notice of Violation Which inch,xies, a
--------------------------------------------� Q----------M --------------------------------------------------------------------
16 notice fliat it nn..ust be-c( amfied wi-01 --� sjj��.,Jfied date and fliat a fine or oflier mg, be U)
----------------by -- -----------------------------------------------------------][;2L ----------j y------
17 toremove or
--------- ---- -------------------------------------------- ------------------
18 -�,i --�"�.pL�n"Cnbed y trative order.j� A-fi-n a] adn J-n-j
19 s I I
"on has violated a Cease and desist o-der
------------------------------------------------------------------------ -----------------
20 tribi.mal shall 1"'icie evidence fliat satisfjcl�)rjl demonstrated "1 0
----------------------------------------- ------------------------------------------------ --------- -----jl� - -------------- -----Y---------------------------- 0
21 fikefihoo( of ii c arable harm flie t.mavafl bil ( an ade(� rem y
----------------t----------i-m------------------------------------------I�-1-----iiy-----ff--------------uu-i-L�---------�sl sa,ubstantjal rL
--------------------
22 atissa,uein Conne ction wi-01 -Ole forwhich N
-- ------------------------------------------------------------------------------------------------------------------------------------------- ----------------- N
23
24
------------------------------------------------------------------
son has, Violated a Cease and desist ordelj.!L_vJ( J
25 ntem y 11 --------- za-ble-
26 and enforceable-by - I Ij tj or �tla.bljt not fimited tO hy and
--------------------------- ------d--C------ ------ ------------------------ ---- - -------------- N
27 cor ef
LO
28 (gl.j a I)jl!�iint and Sevel'al 1A fli (:)WTI( s, ten"ints, In CoMMon "n"ints, In
-- ----- jL ----- --------------- n-,W
29 -1 as, n,,,sijb-(jSsj 4jL��' 's,and holders, of
-------- ------ KI��-- -------------- -- -------------------------- u
---- -- ----------- --- -------------------------------
30 lea
0
31 of-Ods, ch, r sh I be n 11 �sp an I ��aj (:,�r-�.pjjtable refiel" or
af 'A y i� �Idty bl� ----rc," g -L y ----------------------- m
---------------- ----- - -----j�li---- --� I, --wi ------ --
32 n(�,d�,Y ttv ti -o,Y
33 11-1�1 ig y��JI e I�i e f.______I,I I C o t,�T I Iry a t, I i o i-�z c-d- o-s-c c k-a I'I''i i-Iila-,I v I--n jks�L,!Y T I�1!�!n 11-Y------------
34 at'r0lorizins or WJ-01 .01is, inc txfin bt,o, not fimited tO
---------------- -------------------------- - -------- ------------------------ ------- --------a---------------------------------I
35 Cessation --iur�mj, -tion thereol" by tion for removal of a-bijilding st q r
---------------- ----------------------- ------------ - -------------------------- --jj��,j------------- N
36 cl ij j b or oflier forms, of
Ain& jp� _jjj�,� ----%------------------------------
37 ojijitable efie fi-om a a uvuu Mo_uud" kdi I ""gritation of-prima 1"'icie evidence of 0)
38 a violatio I
39 (j.)_GHnArm1 Rew edy, �Cljtjon of violations, of-Ods, ect,oed in flie name of-01
----------------------11--------- ----------------------------------------------- -------------------------------------------
40 State of Flojda by a t Y dlereof as, morej fl set forth in Section 11 25,�j�) 1�1
- _11 - -------------------------- -j!
--------------------------- -- -Y w set
Florida -[,jjjs, chaf-!,gn--ma be sentence( t I t�_sj -�,y
--------------------------- ------ ----- ---------- - ---------- --- ---------m --- -----y---------------------- ---�!-!,g--L
------------------------
�r t an d 42
lils, Lin -.-IJI or fined in an amoi.mt o be sijb to bofli sawli "oning I
-------------------------------------------- ----------- ----------------------
43 fin-es,
44
45 Sec. 122 21. -- Flood Hazard Wa i in A I I fol
-------------------------------------------------- ...gr...... ----- ----<b iiiii------- ----------- --------------
46 contracts, for sale or I" n--of �Ls .0tin sj!��.Jal flood hazard areas in flie
------------------------------------------------- -- ------ ---------- ---------------------------------------------------
47 t.0 116 d areas offlic C(: t,mty 'jt!,-�tt -�![-y flie 1"oflowin flood hazard 'MI22 ---------------- j L ) - , - -ondnently fisa -,-, �Lj
------------------------ -------- - ---------------------9 6i i, )Y� -P] --M!qy��
PC Staff Report Page 45 of 77
File 4 2019-093
1 Packet Pg.4417
I on saFC11 instn'I �e it in at I east 11 2j��Jnt b(:)I d I'-wed and Ll font and a]I-car ,��j, "as,!�
---------------------- ------------------------ --------------------------------- -------------------------] !:g�_ypg
2 as-l"oflows-,
3
4 "U"LOOD HAZARD WARNING
5 11 1 ay C-ot,Fn Ey--g-ow-01
6
-- - -o-n__and obtain__fl ie I-a te,st__-n-for-n- at--
()TL ralalT1a.L !J -eley-ati-ons- a nd
7 restroio-n-s on- - - 1111 d m -1 ny
8 9 Sec. 122 22 -- 122 24. -- Reserved.
10
11 A1~l T1( 1,11 M. -- FLOOD RIESISTAINT D1 V1,1,011MI, INT 0
..........................12
0
13 Sec. 122 25. -- uildings and Structures. 2
14 (t 12tWjg1k1itwt1 f..j!2j1r1wjjon of and fac it exeml.
H ka. 1"foriehi Building
w
15 lbis bijildings, fliat are exemp-1,
------------------------------------------- ------------(0-sIL ---- - - --- ------------ -- ---------------- ------------------------------------------- 1
16 fhmn flie Florida Ruddi Lg, i I U)
t ±'�, , _j i , t,& i saFbs.u.iroial it � voyement or of
----- -------------------------------- -----------------------f-------------------------- ------------------------- ---------
17 sawli bijjkf�ti I I-gs,SITLJC'1111_(��S, al'Id fiAC Jj shd] be desi red and constructed in accordance wifli flie flood
--------------- ---------------------L4,fl------------------------------------------------------------------------------
s, of ASCT" 24, Stn.Fctu,-(.1S, 11 18 h:)a d afl d-11 00d T(Sj S'U.-M-t-C(M S1,111 Cli
19 &(&&Lg-Code
---------fl---a--t---a---e--n----t---w---a-l--l-e-d---an-d-----oof---x---bi-.6- -(fi- g-s-,--s-ha--l-l---c-o----P I_Y------tti-fl I--F-i--em--e-n--t-s-,--o-f----e--o--io-n
20 1122 3 11 offlds, chaf�jgL, --
0
21 11 J'inclosed areas below elevated-bul H(firmys. F"Aclosed auueis, ldinVi , U_
22 shall com]pjy I CN
_EJ-0i all e a[ C14
of flie Florida Buddi lowin
---------------- ----------- - -------------
23 11 j-"m cl-o-s,c d-areas b-el-o-w-n-ew-an d-s,tF b s-ta-n-tj a t I y j I I P E�!Y_g��t a- TIA-tw o y (I w e I I j ngus, _b_e J_o w-
24 lateral additions, to one- and tW(1-j,,,aMjty..
25 a, In Zone A/Al", flood hazar( area -e .01an 299 s, ijare feet ma b n-mitted to be
IL L -----------------------------Sl - _pL
-------------------------------------------- ------- ol ---------------------y ---------------------
26 enclosed wa lls, o f P(N-ir 1"ot'Fridations,
----hy---------------------- ---mete
-------------------------------- N
27 than 5 'eetj, .6 on a] area 11 1 ay
"I A- -----------------I------ --A�j�jj------------------------ _�g LO
28 enclosed wi-01 The size findtation shall notamly --,L as
--------------------------------------- ------------------------------------------------------------------
29 enclosed fo aircrall, below residential bl.Fjl��T U�tigs -,-Ib g, air ort districts,
--------------------- ------------------------------------------- ------ _� ------V-------------------- U
30 b, In coastal I i hazard areas Coastal A Zorlcn,�_not more flian
-------------------------- --------------- --------- u
0
31 walls, of scr�pj �m latlice,_g 1 Lig_�!!_gp�----------------
32 (2) 1 of"299 s,� ijare feet or more below one- and two-fi Lty_�t�Ljjtl�ws,
M 12- ---------------------�.j-------------------------------------------------------------------M
33 lawfij I established andjawfiflly �Jsltjng -'j,", J, jQQj I j e d,j I I�p E�jy g��t, ce)
---------Ry--------------------------- ------------ _L ------- - APTjt_j_z -- - --------------------------- -----
34 enclosed areas-are brot,U jrItO compliance wifli flie Florida Buij�LLtL,
-------------------------- --------------jj��----------------- ----------------------------------------------
35
N
3) j-"mclosed areas below oflier new and Salbstantially 36 - ----------------------------------- ------------------------------------------------- j stnjo,tFres, shall 3 7 ply_Eift_.!,11� re(p�,Lllgments of Florida BIti
----------------- ------ E
38 (4) fliatinch,F(le enclosed areas below
------------------------------------------------------------------------------------
39 Agi-cXN1�(�Irlt aS, s1.pgCj fi ed j n secti o 1122-1111-------------------- -------------------------T1------------- -
.. d sjgnC w40 K !Jirdmum FF s1e , n e
41 B r1 r1 PtFrsa,Fant to flie Florida Buddit�,, 2 de and Seojons 6-1147 and 6-1148 offlie
--------------------------------------------------------------- --- _ ----I------------------------------------------------------------
42 Monroe t a, C Ille - ------------------------- flijn flie sc�ajd
------ ----
--------------- �jg n n s I aysteln Ior bijildinaLwi-----------------
----------- ----------- -
43 of lie Florida Ruddiwi,�_('o(k shall be ryjded b a Geotechnj a L"A E � ,Jsjgxxi in flie S.uite of
--------------- pL(_ _ --y---------------------�.&------g
Florida
--------------- ----- ------- - - ----j-j-----------------------
44 Florida in �.-j_sjte-sq fi g�.,J]Lijc I r�� )ort sa,Fbnj-� d 2!�cj cag�LIL a (1. 118016 offlieFlorida
---------------- ------- --- I - ---------------- u�dquuvur��u� uda,
desigi shall be flie im: stn I ent offlie I o-1,
45 an i
- -- -------------------------- ------------------------ ------i-9---------------------------------------------------- -----------
46 meetflle 1,61
47 di
48 is not fill jtedto�al. Cast woode P s,
- !&gl--------con-cretc �fl( ol T1
------------------------- --- J- ----- --------------------- -j1(,.
PC Staff Report Page 46 of 77
File 4 2019-093
1 Packet Pg.4418
2
3
4 --I-aet-
5 01-Ttig-jitzg fotm(iallon sar 11 shall be desi ned to i-esist -� e lx�x ed latel-al loadijgg i - an
------------------------�Pj ---------------------- -----------------------h-------TlL------------------------ --1,61------
6 a� 'Cotrl- condi-6on, The consti-trCtion (h)CL111WITO's, shall inchrde a
--------- --- ---------------------------------------------------------------------------------------------------
7 -!,g ! -,iL1Lj cenified 1,61- a firl] scotrl- condi-6on fo]- jatel-aI!�� S -�- -----------------------------------------------------------------------------
8 s-uibifity to flie elevmion-offlle sar tmgf�xk and in accoi-dance wifli AS("1--,' 24,
-------------------------- -------------1-1-21---- -----------------------------------------------------
9 �,Jj)jle em bedment shall inchrde considel-mion of decl-eased I-esis-u-mc -b scotri- of sod
-id by---------------------
i a----------------- :)c 10 n and have ad k p to i-esist flie combined wave and
--------------------------- ----- - -------- - �C��sis _d
Wind JoadS, 0
12 ------------------ jrplif 6
de detached accesso cve i-esidential detached ac,c s i stinjic u es. A-a 'a
I I 1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1--l-�-1-1� I....................L-1.......... ........�m .............................
13 a s cu '(:)]�
�s, 'H-trcttrl-es al-e trs d I I
------------- --------- -----y-----------------------------------!I__y- - i -- 4g-and---
, "� �d a t than coasvuij 11 1 Ilazal-d al-e , a]
14 (111J!12�.,�,I, � i a S,
1L _,,,p 'I ---T,
-------------------------jj;L ----------------------- - --- w
15 one-sl��Ty a
- --jillit lg�, -,-Iyg �!-j, -'j'Ll sq, ft, and have flood opgr1ing", acc ol-d an ce With section
---------- -L ---tj ��, jt�,- - ------------------------------------- ------ - -------------------------------------------
16 R3212 of flie Florida ffi,�LkAwv ��Lc, U)
------------------------------- - ,- -,!!�,sidentj-al, 0
17 a, A accol-dance wi-Ol section 1122 117 n a be atrflioi-ized foi-flie consti-trction (:)I-
------------------------------------------------------ 1--y_D�e atrd�ioi_ized_foi
of ade detached size------------ -------------
19 find-I , spg6fied in -01j.-Ill )QL) sq, -,!" in size,
------------ --------------------------------- ------1 --------------
20 1 ocated in Coastal Ill I Ilazal-d al-ea 0 and Coastal A Zones,_J, i�2-�Jocated below
-----------------------------------1i----------------------- ----------------------------------- - ------------------------ 0
21 M
-------------- ----------- --------------------------- -,----- JL ----I--!!-
N
N
22
23 trsed below flie base flood elevation
.nhr foot,
sm - ---------
(jecti-ical s'.Y"-jg �s inc T 24 lLbin� -�% �--------------------- -2
25 above flie base floo M
26 (fil-Alullications, fo]- detached acc stl-try -es shall inch.rde a Noncony i J( A�
-------------------------------------------(�,--- --------------------------------------------------------------- N
27 s, ecified in section 1122-1111 �j �j .1 � �!
P - --- -- -- - - - -01�iL-, hmt� LO
28 essmy idential detached acc (A In all flood Ilaz"il-d al-e det'-whed
29 acUlc shall Comply -01 -Ole 1-e tril-ements, of Florida ffifildin,,j,�
A
------------------------------------- --------------- -------------------------------------------------I
t not find- elevation oi- d ffix d i fi r s, ces
30 ASCI 24 -inchr btr �,e d ) - I �.L,��J,1�111�--L��--- --- -------------
------I -------- ----------------------------�,(:=-------------------------ly--- 0
31 shall inch.rde a �Cjfjed in section IM
--------------------- --------- --------------------------------------------------------------------- --- - -------- - ---------------------------
32 11 2, �, alma s tau-111-01(:)l---------c-
33
34 Sec. 122 26. -- Su bdivisio iris.
35 IF]III]11111 ][ill-ements, Strb(fivism:n inch, i A, i w I
------------ -nqj!-----------------------------------)---111 - -1---------�-d-n
36 and sarbdivisi(:ns, shall be i-eviewed to detennine fliat- CN
- - - I- - --- -- - - --- - 4i
37 (11 Consistent wi-Ol -Ole need to minimize flood dalnagg_-�,I��t i-easoruibly IM:
-------------------------------------------------------------------------------------- _�Mjfl--bg-------------------- E
38 saf�
39 (2) Atj__pi.Fb1jc trtifities, and 1"'icifities, sarch as, in-111hr(fin 4 btrt not limited ,,�_Wey _g�js,
--------------------------------------------------------------- --------L-------------------------------- ------- ------
40 COMII!]�jLljcatjon"�, and al-e located and constl-trcted tominimize ol- efindnate flood
------------- ------------------ _ -
d all
42 (3) e,
e f.,H�,,Lj k)od hazaijs' in Z:)n s, All and AQ
--------------------- ------------------------------------------
43 '1 I ten" al-otrrld and awR fi-of �
- ----------------- --------------------------------a------------
44 stl-trcttrl-es,
45 mils,
------------ -------- ---- ----------------------- ---------
46 an-d-s,1.F-b-di v i si(:M sJ i a- I owing.sl-i-al-1--bg j-eq!�jji-ed-
47 (11) !,�gjjneatjon of flood Ilazal-d al-eas and flood lood elevations
-- - - - - 1 -E)MIJ,
48 shall be acctri-atel -d-c jjjcted-and--de-s------b-ed--o-n
PC -
-
Staff Report Page 47 of 77
File 4 2019-093
1 Packet Pg.4419
1 (2) )NjIgle flie sarbdivision has moi-e flian 50 flian 5 aues, and base flood elevations,
_a_________
---------------------------------------------------------------- ---- --- - __ _________ _________ ______ __-_________ _________ _________
uad
ddC
2
3 1 22-
4 (3) L, 1111]f2liance wi-fil -fh�� I W(NIWITO, and-trtilitles, (:)I" section 1122-27 (:)1" flds
---------------------- ---------------------- ------------------ ------------------------------------------------------
5
6
7 Sec. 122 27. -- site In 2,.L�jjifities and 1,im hatio iris.
IF]R In u[In iiii-eine, ts, All t shall be i-eviewed to detennine -fJ
8 bi-Mi -!Lqlij-----------IF] Ll
------------- ----------- --------------------------------------------------------------
9 11 Consistent wi-fll flle need to minimize flood damagg_-�,I��t � i-eason ably
-------------------------------------------------------------------------------------- ------------------
10 saf,C I �iu -,
11 (2) Atl__pi.Fbljc trtilities, and 1"icilities, sarch as, in-111h,rdin 4 btrt not limited ,,�_Wey 0
--------------------------------------------------------------- ---i --------L-------------------------------- _ ��------- 0
12 and al- located and constl-trcted tominimize ol- eliminate flood 'a
------------- ------------------ ----------------------------------------------------------------------------------------------------- 0
13 d all i 2
-3) a S
14 ided to hazai-ds, in Zones AH and AQ
w
15
-w� ika,i fla, P 1 -pIo v i i- -d--t- R ---f - 1
16 -
stl-trcttrl-es, U)
17 a d i-e lacement sa J4_�Jfitjes, All n I-Y --------------------L� --L--- ---P--------------------L"LL Y---, jL-
18 duua fa nd collectol- ,�Ystellls� -site waste di osal
---------------- -- ----------- ---------------------- ---------- --- ----------------------- -------
19 jance wi-fll flle standal-ds, I`(:)]- onsite sew eti-eatment and dis )osaj g��Ltjn accol I 111�
-----------------------------------------------------------------I ------ --j-------
-- -n- -"----- -----nd--A-SC�I- 24-- C-h--a-[2_I Lj--7---------------------e--(--- e--m---i------e-----------20 ----- 0
0
21 floodwaten', into ale fi-wilities, and the fi-wilities, into flood watc-11's, and aE -1j1L(:)I" rL
--f'�di�:dwab_e , ----------------------------------------------------- --------1110
N
22 flle 1"icilities,_and_sysltems, joints, betwC.TITI SKMCN, (fain col iL-,Lits, shall be sealed wi-fli cal.11king, Na
-------- ------------ ------- ------------------------------------------------------------------- - ��L iL-Lia shl
and manhole coven; shall be sealed in a similal- mannel-, sew el- a stems,- - ---- -------------------------------------------------------------------------------I-------------------------------�y----------
24
25 ppjNy an i- lacenwlrlt wal,(N, c
[4_�,.�jfitjes, All ng -----it---al------ shall be-jesj ed in
--- --------------------- -------------------- ----------------------------- --- gt�.........
26 acc ol-d an ce wi-fil flle_�Yatgm-well cons"I'l-trCtion standal-ds, in 24 and ASCI
------------------------------------------------------------ ---------------- CN
27 to mimmize (:)I- eliminate infilti-ation of'floodwaten', into flle ,�Yswms,
----------------------------------------------------------------------------------------------------------- LO
28
�ct to the I ill�ititi on s, (:)I"thi s, 1
R al "lab C n(ij) [Amitationspirl ) 1g
29 be stable trndey conditions, of' -�jpjd 1-ise and 1-111jid (fi-awdown of' floodwaten', U
---------------------------------------------------------------- ------------- - ----------------------- -------------------------------------------------
30 �!g inst flood-l-elated cn-osion and scotrl-, In addition to -filese U
------------------ a ---------------------------------------------------------------------------------------------
mded to "Llpjr !Jjdijg -,qt�g 31 IT, if intc� 0
�vAlLln�n�i -s --A-Lillyl, hafl com ly wi-11 IM
----------------------- --- ----- jill ---------------P- ------U1.
32
-ELIX g------------------------------------------------
33 �h �h a z a I d a I e a ind oastal A Zones. In coistcfl,
m itatio iris on sites in c a a I_
1-1 2-1-9-1-1-1 _yjL hiall
......................................................................
34 Ilazai-d ai-(as and Coastal A ZorwS, altel-ation (:)I"sand (hrnes,(trne 1-i es a Id 11 an ove stands, sh'-fll 9
------------------------------- ------------------------- ----------------------------------------- --i- --- ---il� - -i- - - g------L-----------& ----------------------
11C Hirl 1� (A TOved 35 xL-only--if" sarch altel-at, ------------__be flie Flojda-De ai-tment of' 1"rivii-onmental Q_f2f -- -- - - -: P -----------------------
----- --------------------------
36 -& ill aiiii i ii � w_ab i---Y ,
---- by----e--c-t--on-----1-1-2--2----11---
f .. ii ,t a
CN
37 demonsti-ates, -filat -fll will not flood--dalmige, 0)
-------------------------------------- ------------------------------------------- --- ----------------------- --------- E
38 ("'onstnrction (:)I-I-estol-ation (:)I"(hrnes, tFridel- (:)I- al-ol.Frid elevated biAld n and stn.rcl,tri-
i e , shall
3911 v ill----------------add--- ------------ p-
40 <
41 Sec. 122 28. -- Mainufactui-ed Hownes.
42 (Iij..f"eineinfl. All Ilomes, installed in flood hazai-d ai-eas shall be install dj�y
--------------------------------------------------------------------------------------------------------------------------------------
43 fliatis, itj, ection 32018 F S"and shall Coln][ 111 flle T 111,111-ements, (:)fC1Ilj,-!,j[j-!,g---------------------- --- ------------------------�!y-Ej------------0--------------------------- -i
I 1,�C-6 v e .1 tr n e 119' no Ilome 44 115 -11L FA,(",_and_-fJie (:)I"-filis, ch- tcn-,
---------- ------------ ------ ---------- -------- ------------------------IL------11 iiii u<biluudaud
not all-ead --in shall k, wi-fidn ayeas of' s, ecial flood haza-d exu� I
-----------------y -----pj� - ------------------pj� S1-------------------------------P----------------------------I------------p JL--a
46 n i an tr 1"icttri-e-d-11 on v I so on,
47 Qj)_11±mqq!jt4I-o--in-s-, ,ill -------------------------I--om---e--s,--a-n---d
48 --PC Staff Report Page 48 of 77
File 4 2019-093 1 Packet Pg.4420
1 (11) !al jlgod llazal-d h hazai-d ai-eas and Coastal A
--------------------------- ---------------------------------------------------------I 7C-
2 ---a-ccol-da-n-c-e---wi-01--file---
3 Residential Section 10222 and fld� ch pt
--------------------------------------------------------------
4 (2) In and Q au........ml A Zone,,L,��,jg �si aed in accol-dance wi-fil le
-------------------- -------------------------------------------
5 of' flie Florida ffifilding Code, ReSidential Section 10223 and flds
------------ -----------------------------------------------------------------
6
7 1-u<bur�uu I"i cttr 1-e-d--1 I(m I�e s-,in-d_]--ev I a c el laen-t-I I�a n trli ctt,u ed I i a I I d
8 t -dmna and shall k sect.vcj an�I �d-to-an
Which minimize 1,1(:)(:
--- -- - -E-----Z�----------------------- ---------- -Y—t !�!!L
9 -Kk�
,"ist I tation, movement, me-filods, of'
------------------- ---------------- ------- -tj ----------------------------------------------
10 anchol-in de �,e d Ix -
11 anchol-, ent is in add -� l 0
------------------------------- -----------------------
iion )-�jpjp!jcable state and local anchol-, ents, I"(:)]- wind -6
--- - --------- -------------------------------------
12 I-esistance, 'a
0
13 u I t -e bstantiall 2
All---i]D-an-tr fijcttri-ed---11 on ----1111-----121�1 ------- - -Ty
14 j i, gjj be elevated sarch -filat alit lowest flool- and mechanical at of- above
-m t�- ----------------------------------------------------------------------------------------------- - - - -------------------------- w
15 elevation to flie flood hazai-d ai-cm,in flle Flor0c,Bui " (,e,2 !, Residential
-------------------- --------- ---- ----------------------------------------- -------------------------------L&L�g---- -(�(- --------------------
16 Section U)
-1--- ---------------------
17 (g,)-[ inclosulim's. F"Ticlosed cu-eis below elevated -flie
---------------- ------------------------------------------------------------------------------------ -------- -----------
18
19 -gU�jjcable to flie flood hazai-d ai-ea,- --------- ------------------------------------------
20 ffl.Ajtvtitio iris. Solid wall additions, to mantri"ictul-ed homes,
----------------------------------------------------------------------------------------------- -- -- - -----------21 (11 0
1-L
CN
22 standal-ds, and contains, a HUD s, a - CN
---------------------------------------------------- L�� L
23 (2) The addition is elevated as, i-ea in section 1122-28f, Ja,L I
I ab��a�i_o�ion is
-----------
3) The addition is stnrctul-al I s, -ucti 24 G i I d C inndk I 1-th wall con ti
------------------------------------------ly--I----- ------------------------------------ Ltj -L�
25
26 Li,jLkvt Sueen )g 1�jtted if"
........... N
27 stl-tr cttr I-ally-j de erldent�j`otryijl wall consti-trctionj,
--------------- -11----P------------ --------------------------------------- LO
28 (ij) 1,1 1�1 L�i!,_y tjjj-aY, �S,.Lljj ment th"it sel-ves llomes� in cl trdinalh�ji n�L�J ill u j ted
---------------------------------------------------------------- --------------- -----------
29 Ig and ail� conditionin (x LfNnent and ofllcn- sel-vice--------- ---- --------------------- -----------------------------------9----ft ----------------------------------------- U
30 -comply -01 flle 1-e trn-ements, of' flie Flori-2 ffifildil�-. �,L Residential Section U
-------------- -------- ply_�Kj---------------a--------------------------------------dc ----------------------------------1 0
31 -.1 cab]e to flie flood hazal-d al-ea,- --------- -----------------------------------------
32
33 Sec. 122 29. -- Recii-eational Vehicles and tlai-k Tiniflei-s.
34 t w Wl l l u liu 1N acement. Recl-eitioruij Vehicles "ind ll ilood azal-d
-------- --- -- n f�vvod llabea
35 al-eas-shalL.
36 (11) fltg-on flle site I"(:)]- 1`ewel- filar 1180 consect,ltjv(Ldav C14
---------------------------------------------------------------------- -----
af
37 (2) aad se-------------- k
-RiLhigh� Which
38 dmfl(a b M VVCaadbGh M is on whee
--------------------- atuiched to flle site onlyby ijick-
--------------------------------------------- -------
39 discor I typg trtifities, and sectri-i-L �s and has, no Ig attachments, sarch as,
- ------------------------------------ -----------------------jr -L ---------------------------------------
40 (inchr btrt not limited 'I'l(: s, s, i- decks and
�dLm- - --- --L�jj-q,�t�jj-'--M--�-LL �e kaand�
�Lij rif-I)IL4 m-e"ition'-d vellicles, "ind sluff(( not k, I Li L��Li-_dJ.y d
------------------------------------------------ ------- ------------------------
42
43
44 S . 122 3 -1). T Sec. ainks.
45 (jij..j!jL]R,!:gjound tainl(s. in flood sluill be anchoi-ed tj orl,
46 col latel-al movement -,il]dc and I di-ostatic loads, (hrij conditions,
-YL -YLI�
----------------------------------------------- ------- -- --- - - --------------ly-------------------------------- ------------------
47 of'-flie desjguL��2L�Lt,j n cl tr di ng-fli e efj .�cts of'btro a gs'sarmingthe tank is e, ty,�
-Y L ------------ ----------------------tap_ -
48 igjt_ ahno elevated. Abovv- i,L fliat do no mee dill elevatiOl
PC Staff Report Page 49 of 77
File 4 2019-093 1 Packet Pg.4421
S.4.b
1 rxudl�udd _ .x� ul_`,_d `m<_a Ddg;:xu 1� " fD �_. _d;d D dr m a abl ox d am -
2 (11) !--tg-permitted in flood hazard areas -�(ItLg miler flian Coastal h 'ji hazard areas and Coastal A
3 �v dd m. _ml� �v��( _� o o<buu <b <b u� � _�( �: g a d m _� ,� Tyu _<b �� � ,a uu�o _�( o� jL_v�Lo,
4 flo- tl�d�borlM Col a[ aC' Gh� �stldC�stl� ��GhVC ��C�Md �C' aVV�db�M� ��Gh �� VAS���G:h�� �Mstl ��i stl M�� ll.Y���Gh adstl_i loads,.
5 d('ll-in Conditions o 0_���_�(�_,� a 6������� _� u��uu���� M_o��� eff effects, o btlo ab ��� o�le_a b u(� is
6 drtlul� av abx�t a' tld vd6 a o�m f-f-ood4 orne-d-de �_
_
7 (2( ddo_,(�r
8 tanks, in flood od ��<bzard areas ,hall b elevated o or
9 above g(�x_v�d ,dllTyu d��vdvd� �_(�_vabdtl��u�,a ndattabc attached-l�� <b__,uul�1�������uu�__,o_�uu,� auu�v__a(�<bo_� , ��� ,� u�v�__o�� l��vvvLo,
a uatluruu Col vvr �adoddab movemerua v4uud� r Conditions u , � 6 av ��vs gt 6��2L �ank ,uul�l�����i
11 �Drt ouu v �(< oa� 6�uu �< o v l f � � �
� , (( _ _ _ _ - �� �
12 a WILL; F � Ds, anvent, shall uNt lru a a
0
13 (11( o_� above fli __de"I�sn flood elevation o fittedwi-lll Covers, d�sj �rv�v�__o��_�C���v�_uIt fll�__inflow of 2
14 11oodwab_odr. or ��u_u_oflow ����� ails_ a_�:�uua�_nts of_file a<burks,���uu�u ��wa ������a'�v� u�m ����� o��� �'���m���(�"�(�w�'��<buru_d
15 (2( /'�urch(:)Tv��__d0 l��vv�urvd__late_<b( v�ov�_nlend__resal�dvu�_ f_��)�l;l,_lly� �:��I u<b!)ljC a lv�_lly����� ,_D<u_ic l_��ads, �
16 tlurua_�uxt-�tluru _o�l�dd d_ff �a' aim ��6_�D���u���a Ia'v v�u��� ��a �;:�u���D��;� ��m of_al�l�_��esigr�jlo��d' U
_ _ __ ___ __ __
17
Sec 1 11 11tlhei DevelNtml�lllrWiuw� I fly �(��v1 a llWl�flaw �I��u� l" I���t, �t Wi.°� �
18 _W _________ _____ __ ___ _� _ ___
19 t 1 t�� tip tlliutt ----t t --- -- tm-l--tiu t1t -- lNtm �-t--t_iu1-__,v-1 ��- -- ��� ����v �a�� �-- ---- --- D�vto' u��a ����u�a-�'� --- ��uarl �
20 mad ���<b u � , o�� ���u ��vvv��� �vv uu ����� ���:vv�v� ��<u� ���:� ��t�v, � u��uu��� a uua�(�av� , 6��� ������ ,�������� 0
21 pr—rwd�mi_d�n-s'abr_e_ ���o�_�m�C��a'if ivt�_in_a(ds--a l-I—apa E wv_o( A /ear zc�r�_B�aAzldiI1"�� � eac��> s'I1-a(l
CN
22 (11( <bdvduu�Iv � �abd-dt <b ld�Constructedv _to ���ITHIluie�_ flood dalllq&� "
23 (2( d 4a� duu��v _abur�Chol�_�� o�� _PEE-ys �a__d;�u�vo<u_o���u �����<uml� ,�___u�� �<bo��<b� ��uuvvv���,� �a �� ,uu(a� a 6������
24 4u d o st<utia (u ad"'-n--C--h-F-d- ng-b!'! 1�'_Ljjllj e _ao-lil effects, of__D i'Lg wb �a��� ,_v�uuv� E wa ������a�vvu�m o lile t,
25 �(d_si a f g �v m:
26 (. f d_tl Gaut s ruur d-Cd�of fl (:d4 d abrtlhab ad' C 'Is a n ill.ab errabfac a and t'd
27 ( 4( <dvduu _d <b u��<bTy .12(uuvuru�,�._<ti�r���_���_dou�� <b( , ,o�_���. , <u_Ovdty� o(u� _d��_,� a (lu���t�_��ev<bo�u:vu ��t ���e�_a_a��< LO
28 dxdluu rrx dd_nts, oI"A��__lG _2 4�_c_xc� �o _oluaua ���iwru nit'lln electric �,df_vj�_�_�v(quuured o address, fife sau_fe
29 d�d4_electric Code� _x _�uuvu.x uI x_nt, I_`_m.�C u.uu �o� 4 D v�wvv_D _,'d�m� a 64�� (vvabo' dv a .(::)v_i�Jed a�xab_ it U
31 for-xi ;d,furtl.a.u-----uruu;--______ _ _________ ________________l - a U
30 Con fg utlu , auu cuff of aftlr lfuvvd,dd u , of altlr rfrtl drtltl Ca (aura�vf uutlf�fr a �wCod4e o ur he f�dlxuren r u')d , U
ll
ao
32 slabs uulsed �t x v ���1�I�vli�w �tul� � 1Wiuw11N1� 1��iu�W �N��lli� � 1Ntti�wl� iFw L.
��1�1W�I��v� �1]Nl�v tt pill.ios and
33 sill) lNaal Iiuwlm iu �u xl�r lug iu 11N u�vlW a iuw l,lla�t �11N If u� if I� ut l iu t iu lW l tm iuw tW .ij i t iuw l l l t �11N luwtW u li
34 addition a�u o� � <u Lg��tFirement, of lil Flor_do ��zA�4c�L&' ( ��c4�> 6��� �<ryryb�ux� , �u� ���:u�d vvv �u� ��<b�a� uµ s
35 tl oabacdabf ftlr �11 hazard areas and Coastal � �Qr MC ac r Qr �tl rr'dr acfabVdac Vuac(d� atlas �atla4 b M � �atl�fac r ur fura,uur�' f�ururra,
-----M __ l l c�
36 fatl 7d tl M.x`�m �C r l�`�m aVabfl aVab am ratlltlGraa and similar 7Gr Maalr.tlda D�uurabf tlse a are xn-mtl t d4 berMdath or
ab�� atla C�7d;
__ �w_ _ ________ _ ____________ __ _1 __ __ ____ __ _ ___ __ _ __ __l______ _ __ __ _________
37 0.o btlildi � 1" and�,_a,u-tF duux_d_, 1��,(vvvd(d_dt offa t-lil�_�_��ncre e slabs,, abx(__l��vv(d a,s,ig�wr�<bIIm�tax s,Iggv i� auwruv�_,ctb %duu�
38 a.°u�r rhmar u.ua.,a:r;ra.ur ;:
39 ( 1 l uua Duu ab�4 -� vd4d� d_�d4d_ o_uud D(d _f u�uuurud�abai_on sya'd_x dud D(d__�uu��t4 a vvu �,Duuua au �<"M:
40 (2( � dab � �x ab ��_Liu 2-u.e tlurudu:uu_a dv� so a s o uuutlurutluuuuee d br eam ��uuu a u�w��u�vdvd4tl ��a��abo i�,
41 tl guutllra abuuf'vaurtluau �r, our au r �uutlf.dr a err. amD�ruualurr
______ __ _ ___ _ ___ _mv _____ _ ______ __ __
42 (:3( f <dvd au��_u_au_xrrr�uuin sla b d-l�rr(avrrud_a, , did ��:udvx����x d��ab a fool j. - --4udum.
_ _ W - � �stal �. ��azartl �tire s � tmiuwtW rind l tmastal r "twines In aiddi ion our h 43 r tr I�rx tiuwtl ual��lmx uiuw r tm tx�.t1.. If u� if If
44 d odu� <tl44 v�quutlrdvx d ua , o _aixd_Florida �aAvlding, ��c��>� in Coastal a l ��i�(r 4�<ue<brd4 abrva s and � oaua,a d A
45 Zones ��('tl� ac abuud(_.1C�adl;rura, shauff bd,�,_located., l�rQ:hod_"sjolrla fly d1C"j� Md'dtm a nd� _labd%'m hilly d_QrLis rtl ddd�__in
46 d_OM .'14d(dnd r owf i<blol_ a,l il,yo u udf� vWin
-_f _ f < a bd4dt_auva _�uu�(d� urd , b�� have_(hd _bottom� x_�dvvd o47 (11) ,
48 lh�re �n al strtict u� l member rn above rlvvbaun and-any
� i a a aiv - w wx--dr------- ,
PC Staff Report Page 50 of 77
File#2019-093
Packet Pg.4422
I I'llat extend below -flie shall J[I!Y
d( adixti� � belo al � - ---------------------C-0-11!
2 glalty to flie bijildi (:r sllt, which shall be desjg�g an increased loads,- -------------------------fl&-�----- --L�------- --------------------------------- - - ----------------------y---------------------------
3 resaflting -om flie attached deck,
------------ -J�-------------------------------------
4 (2) A
----de--ck--o-r- --ofl-i-a--t---s,--I-o--c--a--t-e-d--b--e--1-o--w----fl-i-e--d-e--S--i- --fl-o-o-d---e--l-e--v--a--t-ion-- shall
ljy
5 fi-om t,u Idin or strtwttn-es and flleir 1"ot'vidatmn s, s� .
g "L�11 s, and shall be pE�jLes�sjonall.y �,sjg ��jt
--------- -----------i---- --Y- g q,---------------------- -- ---------- -sjtg-- ��
6 a--n--d----aw- t--L-��2LI"t-]---t----t-e--d--ei_a(le o--r-e-----a--i-n----n--t--a-c--t--a--n-d- ---- - --(-ft'n----r- 1 t� - -d--t-j----n--s-,-or-- o
7 -
break Du <b �Ces to minimize debris, (ft,ving t i ca able of' caijs'
-Pi g
---------- ------------------------------------------- --------- ------P---------------------jjLis.
8 gg� to flie bt.dldjng,_�IL�ti-tw-uji-C., ort(:
--------------- ----------------------- ------------------------------ 1 g ------------------
3 fl 9 G o fliat-has a v ertical fldcknes s, of"I I ore
10 wi-fil more -filan -file ndnimtnn amot,mt oI` fill necessaa site draina shall not be
----------------------------------------------------------------------------------------- � ------------------ -------------------------
11 mx �gjstered desig (2 ) Compgt(�mtjy -.-I, I 1 0
------- -- ---- ------- -- ----------------- - -naj--------- --------
12 sa,�bstantjall demonstrates, no hal-nd"t'd diversion oI` floodwaters, or wave njn n
0
13 reflection -filat wotfld increase I I
d a I a �j I d, 01, tO bijildin �,s -.j, 1 2
------------------------------------------------------------
14 strtwttn-es,
W
15 (4) r-p�.-!,tjo fliat has a vertical -fhickness, oI`twelve 12� inches, or less, and -filat is, at natt'n-al
- -----------------------------------------------------------------------(i -1------------------------------------------------------------
16 01 � he U)
or on fill material -filat is, similar to a i i c i
-------------------------------------------------------------------------------------T-C---------
17 amotgo, I"or site drai a e ma _b La pL(,�y !jt �S.L�,Ltjn anallysis, of'-file
--------------------------------------y--------------------Ii-9--------y --�- M. _-Eg 9--L- ---------------
18
19 c(,astal high hazar are, s a d a [jK,Yj_kind oastal A Zones. In cocu,,-� I IdRAi
........................
20 hazard areas and Coastal A Zones d velo )ment activities, oflier flian bt,dldin and strtwttn-es shall 0_ I 11 0
---------------------------------------------------------- -L-------- -------------------------------------------------- -----1k, ---------------------------------
21 b i. �� )ri e i M u,cd--(:nJ.y--jf` also aij-flu: z jate or--re t'dred 1"ederal state or ](:)Cal
---- ------------- ----- ------------------------------- ------------ ---fl----------------------- -------------------------
N
22 at, fju:J. N
.(jes"j- if" located ot'ru"ide -file
---Ly ---------------------------------------------- ----- --- --------------
23 n-ed-de�,J-gKi�
S, Com etentj
------- -------- --,�------ ---- ,----------------------p --------
24 sa,ubstantjajjy no hal-nd"t'd diversion of floodwatel'S, 01, wav( rt,m ) and wave reflection
---------------------��tg - ----------------------------------------------------------------------------_ _ _------j�jj< viiurl lid
I'llat wotfld increase d mag a s, and stnjojjres, st,01 ofller devetgp!!��
------------------------------------------ -- ------
26 inchxie bi..O,are not limited to-
CN
27 (11 S, ---- LO
_wall similar grosion Control structul 's'-
11-9- - --- - -- - -g ,
28 (2) !^'G2jjat 1"ences, and f,.�rivac.y s, T d I`enuls I ((��bjs� ljnl(�Isls -�Llt(n joncflly.
---------------------- --------� --E� ----------------I.IL(ItLg--- ---- ---1-------- --------------ill --- -----------
29 si ned and law 11 Constrtwted to fail t,mder flood Conditions, less, -filan -flie des ig--------------------- ----------------------------------------------------------------------------------------- ----- ----- U
30 Oljlerwise I,i,mction to avoid obsti-twtion oI`
----------------------------------------------------------------------------------------- 0
3) 1119 q - 002 31 G (. -sew e treatment
32 JT1 d am aaauuaa,
33 Mctuiral fill in oastal high haznIIIIIIIIIells anK s,tcb,1, 1 i i
-(.z Y,) Ind oastal A Zones. In co,
......................................34 hazard areas and Coastal A Zones-
----------------------------
35 (11 MITIOT 1,16es fill shall bej2g-ILnitted 1"or
36 lands, ----- ----- --------ft — --------------------------------------------------------- -------------- CN
ljrlder and arot,md arm diirvviidi aaua ad Ca
37 nonstrtwttn-al fill does, not exce(.1d two-(2,.,j-[egt jn-sjt%?-j
--------------------------------------------------------------- -- ------ E
38 (2) Nonstructural fill wi-fil -filan one t,mit Vertical to five t,mits,
---- --- -- -- -------------------------------------------------------------------
39 horizontal shall b 1-11 i. I' aria] "Lli-M-1pared I I gi�(Lpg � u,cd--(:nJ.y--j -an- b y ,-I, re i �� red dcn '
--------------------------------- ------------- ----- ---- ---- --------M ------------ --� --qj�- - -----
40 Cofnf,. i I y tc T LI LI.f,l t�ates no hal-nd"t'd diversion oI`floodwaters, or
------------------------ -------- ----- -L - -- ------------------------------------------------------------------------
41 wave t rit P -.�TJ I that woIjId increase dama e t a I acent bi.dIdir gs
----------------- --------------------------------------------------------- --------------------- -- ----------
3) Ajjg�je aij-fliorized � �42 G y dle Florida Dg� �L o Protection or-a flicable local-------------------------- 1. - L I------------------------------------------------ --j,.-j------------------------
43 1"ederal'-or ofller state jjjp sand dljne Constrtwtion and restoration oI` sand dt,mes t,mder or
J�E�jy
----------- ----------------------- -- -----------------------------------------------------------------------------------------------------------
litted witllot,o, additional en I g 44 arot.md elevated bui d' ljl�
TI an-.b.Jysis or Certification
--------------------------------
45 oI`the diversion oI floodwater o -wa ej-t,m and wave reflection if"the scale and loca-fion of"the
- T-----K-- -----IM-------------------------------------------------------------------------------------
46 dt.me work is, Consistent %ith local beach-(ft.me--i hol M and the verlical Clearance is,
LIP ------------------------------------------------------
47 ber-ol'-the.
48 b ij i I(I
PC Staff Report Page 51 of 77
File 4 2019-093
1 Packet Pg.4423
S.4.b
1
2
3 See. 122 1.Purpose and intent.
4
5
6 sions de e ,
7
8
9
10 flead damage at the time of initial eens4ttetien;
11
13 a
14 d&1+1 at e; 2
15 2
17
18 ;
19 (''�)Terze pr-eleng�'�ines;nnte�r�tiens �
20
21 C.
22 0
23 afe-as in stteh ma-mier-ante minifnize Att-weblight afeas; a+Id
24 CN
25
26 patential p4lie a+id private less dtte to fleading.it is the intent of the BOGG that the eett�at all times
27 be eligible for-, and weeive, the benefit of paftieipatien in the National Flood histifa+iee Program. it is
28
29 CN
31
32 u
33 0
34
35 ;
36 Speeies Foeus Area Buffers and Feder-alty Proteeted Speeies Area Real Estate (RE) List; and M
38
39 `N
40 thereof-, afe adopted by wfer-enee and deelafed to be a paft of this eha-pter-, and shall be-kept an-f4e—,
41
42
43 approved by FEMA afe aeeeptable for-implementation of this wgttlatiell.
44 .
45
46 (SF-AN4s) mailed to Menr-ee Gett� a+id dated April 30, -2011, a-Rd a listing of real estate fittm
47 of pafeels (RE list) emailed to Menr-ee Gett� a+id dated November- 18, -2011, that afe withill
48
49 ,
50
51
52
PC Staff Report Page 52 of 77
File#2019-093
Packet Pg.4424
S.4.b
1
2
3
4
5
6
7 .
8 (e) Rules for- interpreting flood hazard issues. The battHdafies of�he flead hai5afd afeas shawff off �he
9
10 _
11
12 0
13 pokey statements and teel+nieal b�tlletifis as adopted by r-esahttion fFefn time to time by the
14 2
15 2
16
17 appropriate flea a ,
18
19 See.122 3.Permit Requirements �
20 (a) The fellowing wer-ds, tefms a+id phrases,when�tsed in this ehapter-, shall have the fnea+iiags aser-ib
21
22 0
23 s of inter-seetion with other- native habitat. Far- pwTeses of this la+id development eade, an
24 CN
25
26
27
28
29 CN
30 T_
31
32 u
33 level by „r a ,; r walls,iis �sheaf walls pilings, or- i„w r�
, ,"
34
35
36 M
37
38
39 N
40
41
42 u
43
45
46
47
48 weeds.
49 .
50 (a) Listed indiviAtally in the National Register- of Hister-ie Plaees (a listing maintained by the
51
52 ,
PC Staff Report Page 53 of 77
File#2019-093
Packet Pg.4425
S.4.b
I
2
4 (e) !Hdii4daally listed off state iffiefftofy of histor-ie plaees iff states with histor-ie
5
6
7
8
9 .
10or-legal ase as defined in this
11 ehaptef.
12 Legal st-IHetwe means a s4ttetwe that'Was pefmit4ed by the floodplain wgalatioa in effeet E4 the time 0
13 'a
14 2
15 2
16 OR the PFE)Peft�- a
17 �,
18
19 iment,tir-es,and other-low d vhieh will not sa�r-flood damage or-ea+i be eonvenien4y
20 !d to the elevated paft of the baildiag.Flood ins-afanee eaver-age for-eneloswes below the base
21 C.
22 0
23 flood wsistaw eneloswe, asa-ble solely for-par-king of vehieles,baildiag aeeess or-star-age in a+i afea other-
24 CN
25
26
27
28
29CN
30 s4ttetwes plaeed on a site for- 180 eoasee�4ive days or-longer-a+id intended to be impr-oved pfopefty, UI)
31
32 u
33 U
34
35
36
37
38
39 `N
40
41
42
43 A4qiqeonAim4ig st-Fivetivr-e mea+is a below base flood elevation s4aet-ufe or-a portion thereof(saeh as ait
44
45
46 1. o fo w f 4 s ,.hampter,
47
48
49
50 site bailt r-esidenees or- a pafk or- s4division whieh is lifnited to fna+1�44etwed homes only by this
51 ehaptef.
PC Staff Report Page 54 of 77
File#2019-093
Packet Pg.4426
S.4.b
1
2
3
4
5 , of Seasonal
6
7
8 >
9 1 .I I t or- other- impr-evement was within 180 da-ys of the peffflit date. Far- s4stantig
10 weniefits the aaet-ttal stai4 of eenstfttetien means the first alteration of any wall, eeiling, fleer-,�
11
12 0
6
13 a
14 2
15 2
16 it ineinde the installation of stfeets a-nd,'E)r- walkwa-ys; nor- does it ineinde &ieavatien for- a baseniefit,
17
18
19 of the main stft et-ufe �
20 sli-hsolq4al-damage mea-iis damage of an, by a stfttet-ufe wher-eby the east of
21 C,
22 0
23
24 CN
25
26 elevated (or-flead pr-eefed if it is nen residential) to E)r-above the base flead elevation (BFE), and meet
27 ,
28
29CN
30LO
so that it's safe to enter-to evainate and identify r-eEtnir-ed r-epair-s) and impr-evements to items ei4side the T-
31
32 u
33 0
34 " "
35 "
37
38
40
41
42 ,
43
44 (2) The def4eieney was in emistenee prior- to the damage event or-impf-evem at and will a
45 .
46 in addition, for- any repair-r-eqnir-ed to meet health, sa-114afy, and safet-y eades, only the mini
47
48
49
50
51
52 ."
PC Staff Report Page 55 of 77
File#2019-093
Packet Pg.4427
S.4.b
I Fleedplain fflanageffient fecittifeffients fef new eensmuetien apply te sttbstafitial iffipfevefflents.-
2 c , ,�� ,�t��;,�r, �t; ,� „b.,tawid!; �t
3
4
5 additieffs that do iffefease sqttafe feetage-
6
7 ,
8
9 b�tildiag fn�tst be elevated to or- above the base flead elevation (BF-E) (or- fleedpr-eefed if
11
12 0
13 'a
14 2
15 2
, � � w
16
17 an the walls and g „r,aatiar of the o ;stir b, ti di for-sf...,,.t-ufa s�tppeA.
18
19
20
21 C.
22 0
23
24 CN
25
26
27
of the pier, Wooden pilings shall be ieeked inte 16 ineh attger- fe�datieas by at least a 45 r-eb—ar-
28
29CN
30
31
32 u
33 U
34
35
36 pefmit holder-to s4fnit to the B�tildiag Offieial a eei4ifieatiaa of the elevation of the lowest flear-within M
37
38
39 `N
40 the same. When fleadpr-aefing is�tsed for-a bt+ildiag within A zenes, the eei4if4eation shall be pr-epafed
41
42 u
43 hold T--'s 4-4s;-k.�Ihe- B�tildiag Official sh-all the :0---elevation sw:vey data s4fnit4ed. Def4eieneies
44
deteeted by s�teh r-eview shall be eaffeeted by the pefmit holder- immediately and prior- to fi+Aher-
45
46 .
47
48
49
50
51
PC Staff Report Page 56 of 77
File#2019-093
Packet Pg.4428
S.4.b
I
3
4 .
5
6
7
8
9
11
13 'a
14
15
17
18
19
20
21 - C,
22 0
23 U-
24 CN
25
26 "
27 this ehapter, a
28
29 CN
30 shall be issHed for-a*y impr-evements to belew base flead enelesidfes, other-than for-demelition E)r- LO
31
32 eha�Hef. u
33
34
35
37 'he issHaHee of abHilding
pefmit,the pefm4i
38
39 `N
41
42 whiek wattid 4ial flead daHiage. c�
43
44 (13) All agr-eements for- deed, pidfehase agr-eements, leases, or- other- eeatfaets for- sale or- &kehange of
45
47 FLOOD 14 n 7 n RD IAI n RNPr r
48
49
50 development be�qr-eWaal Hse of this r ref.y
51 (b) Additional standards. iff all afeas of speeial flead hai5afd whefe base flood elevft6aff da+ft has beeff
52
PC Staff Report Page 57 of 77
File#2019-093
Packet Pg.4429
S.4.b
1
2
3
4 .
5
6
7 ,
8
10 e. Sewer- and stEwm dr- �s' 'Whieh &itefid belew the base flead elevation, shall
11
12 the lire passes &kterf-ierf-.i,.,>> Aerf-s 0
13 a
14 2
15 2
ifnfflifnth% sqttafe f fi ospaee ii oene a fi w
.,
opal
17
18 affly be effelesed with sefeeff of apeff la4iee. This liffiita+iaH shall Hot apply to paf-kiffg
19
20 of 300 sqttafe feet or-fnar-e, enelesed with epaqtte mater-ials, &iistiag an April 1-2,-2004,
21
22 0
23 M
24 CN
25
26 eefnfntt*4y FIRM shall be provided with openings stteh as vents, lettver-s or-a�4efnalw u
27
28
29CN
30
31
32 u
33 thanane ofeet abovefinished gr-aao
34
35
36 M
37
38
39 `N
40 i,,eate,a belew the base flea a elevation.
41
42 u
43
44
45
47
48
49
50
PC Staff Report Page 58 of 77
File#2019-093
Packet Pg.4430
S.4.b
1
2 "wig the rwtair-efne 3issof s seetio 3T1-2-2 n(b)(I) .7., a-Rd n(b)(n) of this
3see6enr
4
5
6
8 .
9
10
11 (FIRM) shall haNe the lowest fleaf(iffelttdiffg baseffiefft) eleia+ed to of abaie the base 14
12 0
13 'a
14 2
15 2
16 deer-ease the east of good ins-afanee.Wher-e a nonFesidential s4+tet--HFe is intended to be made
17
18
19
20
21 C.
22 0
23
24 CN
25 shall have the bat4affi of the lowest hafii5afftal stfuetufal ffieffibef of the lowest 14aef, eleva+ed
26 to or-above the base flead elevatiei+.
27 , eamme
28
29 CN
30
31
32 u
33 Aeeess-ei,�,st-yHe-taes U
34 a. Resideff6al aeeessafy s4uetttfes.
35
37 (i) The enelesed afea is 150s"afe feet ems; �
38 , mid
39 `N
40 Wit.
41
42
43 vahte may be pefmit4ed if they meet all of the ef4er-ia i 1-2-2 4(b)(I)d-.
44 within n zenes or-the ef4er-ia sot f i4 ; g.wit hill V
45 .
46
47 be r ,-mitte,a ;f.
48
49 .
50 within N7 a r-ements--e�41ined in Seetien 1-2-2
51 ;
PC Staff Report Page 59 of 77
File#2019-093
Packet Pg.4431
S.4.b
I
2 see6en; and
3
4 r
5
6
7 ,
8
9 ,AE
10 NI an d n
11
12 .
13 (Zone N}
14 bResefved- 2
15 2
16
17
18 walled addi6affs eleviited�a of above�he base good eleviitieff ffitts�be eaffstpde�ed w4h feta4h
19
20
21 ,C
22 0
23
24 CN
25
26
27
28
29 CN
30
31 , iff addi6aff,
32 u
33 0
34
35
37
38
39 flea a elevation. cN
40 (5) Coastal high hazdpd OF-eas �Jzzolqeo. Within the afeas of speeial flead hazafd afe afeas designated
41
42 fellawifft t3favisieffs shall apply iff these afeasi u
43
44 se that the bet4efn of the lowest her-izental stpdetufal member-of the lowest flear-(&ielnding
45 pilings of ealtninis)is laea+ed a+of above the base flead eleva6aff level,w4h�he spaee be
46 the lowest her-izental stpdenifal member-open or-eens4neted with br-eakwwa-y walls so as net
47
48
49 . and itWlz
50
51s
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I ,
2 ealla-pse, and later-a! movement "e to the effeets of wind and water- leads aeting
3
4 asseeia+ed with the base good. Aliffd leadiffg vaittes shall be these feEtttifed by Affiefi
5 .
6 d. A registered pr-efessional eagineer-or-afehiteet shall develop or-r-eview the s4+tetufal des*
7
8
9 the pr-evisions of Seetiens-122 4(b)(5) arid (b)(5)e.
10 e. There shall be r fill ,tsed . stt+et-ufa s a-f
11
12 0
14
15
16 (hl�d.3. (b)(l),l 4 a+id(t l(�l�ar of this seeti6s
17
18
19 i. Walls and pa+�itieas shall be allowed belew the base flead elevation, provided they afe not
20
21 C.
22 0
23 U-
24way walls. CN
25 Gaffiplia+iee with the -8fftaiffed iff Seetieff 1-2-2 4(b)(5)i. of this seetieff shall be
27 u
28
CN
29 (b)(5)i. of this seetion CN
30LO
31
32 u
33 U
34 ,
35
36
37 inswanee rate map as lang as the impr-evement is at the same elevation the s4+te
38 ,
39 N
41
42 u
43
44 s4stantial.
45 ,
46 mid E,,NI 1330,NI a,"•a NIrrcr IE an the eefnfn�mity's Veit er-:
47 a. Be an the site for-",er-than 180 eeasee�4ive days and be fitily lieensed and ready for-highway
48 }tse;-of
49
50
51
52 .
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1
2 See.122 5.Varianees te the Floodplain ManagementRequirements.
3
4
5
6 tefffis of the . . . as will net be eentfaty to the p4lie interest, will be in haffflany with the
7
8
9 (b) Proeed
10 (1) An applieation for- a var-ianee ffem the provisions of this ehapter- for- development in an afea of
11
13 'a
14 2
15 2
16
17 U)
18
20 (e) Conditions.
21 ,C
22 0
24 CN
25 a
26
27 , a
28
CN
29 or-this Gede; and
30 4.pee}fie wr-itten fed-te the faEtar-s b€le�A- LO
31
32 u
33
34 ,
35
36
38
39 , CN
40 h. The-a4icnccvzrrcy-vr-ccrtelix`ate-t@cicti6irs less rniajcct t6zrvvcmrg; �
41 E
42
43 and the fleadplain management program for-that afea-,
44
45
46
47
48
49 .
50
52
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I
2
3 f this eh rte-.
4 .
5
6 the differ-enee bet-ween the base flead elevation and the elevation to whieh the sti+tet-tife is to
7
8 .
9 (5) All var-ia-nees issited shall wqitir-e that a+i ewner-s affidavit be pr-epafed, and wear-ded with the elefk
10 of the eir-eitit eawt, whieh shows that the proposed eenstf+tetien will be leeated in a speeial fl
11
12 0
13 'a
14 eleva6aii a
15
16 , the Federal w i � o or .,Management n w
17
18
19 (a) Applieability. Prior- to the tfa+isfer- of owner-ship of any pr-epef�y eee"ied by an elevated r-esidential
20 stpdet-ufe with a belew base flead enelesed afea defined as "new eanstntetion" (i.e., eensti+tetien
21 C,
22 0
23 days prior- to the tfa+isfer- of the pr-epef�y by the seller- or- the patential ptifeliaser-, with the sellers M
24 CN
25
26
27 .
28
29CN
31
32 u
33 ' U
34
35
36
37
38
39 `N
40
41
42
43lent ten
44 days prior-to the elesing date for-tfa+isfer-of pr-epef�y.
45
46
47
48
49
50
51
52
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I
2
3
4 .
5
6
�mder-the Pilot hispeetion Program (4 4 GFR 59.30); however-the Pilot hispeetiall Program r-
7
8
10
11
12 0
14 0
15
16
17
18
19
20
21 C,
22 0
0
24 CN
25
26 (1) The eet+�will obtain data ffem the Menr-ee Get+�Pr-epef�y Appraiser-Offiee whieh will identif�
27
all single fiHmily r-esidenees whieh eantain eneleswes that afe identified as living afea an the gr-
28
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30
31
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33 0
34 .
35
36
37 ,
38
39 `N
40 „A ri,o , s,,-.,,.f; r
41
42
43 owner-ship „r,a i Seet r 1-2-2 ti
44 (d) Compliant struetures. The eet+� will provide a eer-tifieate of eamplia+iee to pr-epef�y owner-s with
45
46
47
48
49 .
50
51 .
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I ,
2
3
4
5 eeetTa+iey`
6
7 See. 122 8.inelusion of United States Feder-a! Emer-geney Management Ageney (FEMA) and United
8 States Fish and Wildlife Senviee (FAMS) Requir-ed Permit Referral Pr-oeess (PRP) in Fin*t
9 Permit Determinations for Development.
10 ,-
I I
12
13
14 2
15 2
16 may be detefmined by sealing dista+iees. Req�tir-ed in if these maps for-pr-eeise leeations a
17
18
19 ('arc) Administration vr development eeies fveus areas. �
20
(1) SV44A! FeqHiped, Far-pafeels or- lots shown within the SFAN4s in whieh a-H a-pplieatiall for-
21 , C,
22 0
23 M
24 CN
25
26 pefmit files that indi ates. cs
27 ,
28 b. The ate-of�hefev4ewL
29 The date e€tkeSr n r a and v E list ,a � ,a t t � CN
xTm-imcrzc�-rrsc cr3ecr Ceirccacc crre €�i€ �
30
31
32 u
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37 ,
38
39 `N
40 flea arlai development pefmit ri;eat r
41
42 ,
or-
43
44
45 ,
46
47 of r eamme eement f development,with a rditi,r that:
48
49
51
52
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1 .
2
3
4
5
6
7
8 .
9
10 adverse egaets to native habitat, menetafy eE) -ener-ated will be applied
11
12 0
13 peffflit g4e, a
14
15 2
16 ao. of w.w orf f;.;f;osa-y begin w
17 U)
18
19 eEm� shall apply this pefmit wfeffal pr-E)eess ation was eampleted for- t
21CL
22
24 CN
25
26
27 lent alleviates dir-eet and ewnWative less of speeies habitat whieh will not nega4w-�
28
29 Assessment r_,,orf ; aos (c n r_s) cN
c�
30
31
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34
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36 M
37
38
39 `N
40 rta este-at r st r,a.,Ms
41
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43
44
45
46 �mder-the National Flood insidfanee Program whieh was imposed in the ease of Florida Key
47 et. ^'a�gaeet. al., 90-10037 QNI Meow.
48
49
51
52 .
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1
n. Hawv-crccy.r ar�the-date-vr !cr=w'-irccEazivcrce, zrr€re is--a
4
5
6 -2. Owaer-s with bttildiag pefmits who do not need eaer-di ion ;i4th- FALS after- they
7 pfeeessed thfattgh the peffiiit fefeffal pfeeessi
8
9 e development and weeive a passed; eet r; of
10 n. Have 300-days rfFafn�the-date-vr-a E6imcyz$:r'accr=w'-irccEazivcrce, zrr€re ia
11 L_
12 fF w, the „nu development,r,a r ; � r 0
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15 2
16
17
18
19
20
21 C.
22 0
23 (6) Pr-opei4ies for-whieh a pefmit has been iss�ted and g9r-vv,hieh development has not eammeneed will M
24 CN
25
26 assessment g�tides whieh wq�tir-e the pem.4te, to e-ur-dinate with FAIS shall have -A *A-*-A]�_2_ 360 u
27
28
29CN
31
32 u
33 U
34
35 .
36 M
37 or- adversely affeeted per-sen, as defined by F.S. § 163.3-215(2), or- any r-esident of real pr-opef�y, fFafn
38
39 `1'
40
41 ae6off. Failtwe �o file stteh appeal shall eaffs6��e a waivef of a-Hy figh�s ttffdef �his ff6ele �o appeal E
42
43 S�teh natiee shall be aeeefnpaf4e4 by the names and addresses of the owner-, appliea+it,pr-opef�y owner-,
44
45
46
47 per-sen filing the appeal. Upen weeipt of the wr-44ea natiee of the appeal, the Gea� shall r-efer- the
48
49
50 (d) Effeet of filing an appeal. The filing of a natiee of appeal shall stay all peffflit aetivily and a+ly
51
52
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I
2 rfor-deny a stay f the r edi
3 .
4
5 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
6
7 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
8 158(d)(7)(b):
9
10 1. Changed projections (e.g., regarding public service needs) from those on which the text or
11 boundary was based; 0
12 N/A
13
14 2. Changed assumptions (e.g., regarding demographic trends);
w
15 N/A
16 U)
17 3. Data errors, including errors in mapping, vegetative types and natural features described in
18 volume 1 of the plan;
19 N/A CL
20 0
21 4. New issues; _
22 N
23 Amendments to the County's Floodplain Management Ordinance (Ch. 122 of the Land
24 Development Code) are necessary to be consistent with FEMA updated provisions (Technical
25 Bulletins, policies, and guidance), incorporate and be consistent with the Florida Division of
26 Emergency Management (DEM) State Floodplain Management Office Model Floodplain
27 Management Ordinance and to continue to fulfill the National Flood Insurance Program
28 requirements. Additionally, the Code update will allow the County to continue to meet the 17
It-
29 requirements and activities of the Community Rating System. t_
30 U
31 5. Recognition of a need for additional detail or comprehensiveness; or
32
33 The National Flood Insurance Program (NFIP) is a federally-subsidized flood damage
34 insurance program administered by the Federal Emergency Management Agency (FEMA)
35 enabling property owners in participating communities to purchase flood insurance in
36 exchange for the community's adoption of floodplain management regulations to reduce future
37 flood damages. The County has been participant of the NFIP program since 1973, with the
38 adoption and effective date of the initial floodplain management regulations of Monroe E
39 County.
40
41 Since the 2010 edition of the Florida Building Code (FBC), the FBC has incorporated flood
42 provisions that meet or exceed the minimum NFIP requirements for buildings and structures.
43 The FBC was updated in 2014, 2017 and 2020 to continue to reflect, meet and/or exceed the
44 minimum NFIP requirements. Additionally, in 2015, FEMA started issuing updated Technical
45 Bulletins and policies with new standards and guidance for development within the Special
46 Flood Hazard Areas.
47
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I Further in 2012, Florida Division of Emergency Management (DEM) State Floodplain
2 Management Office developed a Model Floodplain Management Ordinance for communities,
3 written explicitly to rely on the flood provisions in the Florida Building Code. FEMA
4 approved the Model Floodplain Management Ordinance in 2013. Over the past almost 10
5 years, DEM has worked with nearly all of Florida's 468 NFIP communities to transition to the
6 Model Floodplain Management Ordinance.
7
8 6. Data updates;
9
10 N/A
11 0
12 In no event shall an amendment be approved which will result in an adverse community change a
13 to the planning area in which the proposed development is located or to any area in accordance 2
14 with a livable communikeys master plan pursuant to findings of the board of county 2
15 commissioners.
16 U
17 The proposed text amendment is not anticipated to result in an adverse community change.
18
19 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
20 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 0
21
22 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
23 County 2030 Comprehensive Plan. Specifically,it furthers:
24
25 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
26 County residents and visitors, and protect valuable natural resources.
27
28 Policy 101.5.30: In order to preserve the existing community character and natural environment, Monroe T-
29 County shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
30 distance between grade and the highest part of any structure,including mechanical equipment,but excluding U
31 spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or 0
32 television antennas; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
33 supporting structures with attached antennas and/or collocations. However, in no event shall any of the
34 exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable
35 height limitations, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33.In the case of
36 airport districts, there shall be no exceptions to the 35-foot height limitation.
37 `1"
38 Policy 101.5.32: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
39 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote E
40 public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards,
41 protect property from flooding and minimize damages; minimize public and private losses due to flooding;
42 minimize future expenditures of public funds for flood control projects and for recovery from flood events;
43 and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of
44 five (5) feet above the 35-foot height limit shall be provided to allow lawfully existing buildings to be
45 voluntarily elevated up to three (3) feet above FEMA base flood elevation; and a flood protection height
46 exception of a maximum of three (3)feet above the 35-foot height limit shall be provided to allow new (new
47 construction or substantially improved)buildings to voluntarily elevate up to three(3)feet above FEMA base
48 flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce
49 flood insurance premiums and minimize future expenditures of public funds for recovery from flood events.
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I In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height
2 of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.
3
4 Policy 101.5.33: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
5 Development Regulations which provide a Flood Protection Height Exception for lawfully established
6 existing buildings which exceed the 35-foot height limit,to promote public health,safety and general welfare;
7 allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and
8 minimize damages; minimize public and private losses due to flooding; minimize future expenditures of
9 public funds for flood control pro]ects and for recovery from flood events; and mitigate rising flood insurance
10 premiums. A lawfully established existing building may be repaired, improved,redeveloped and/or elevated
11 to meet required FEMA base flood elevation (BFE)provided the building does not exceed a total maximum
12 building height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area,
13 building envelope (floor to floor height), density and type of use. For lawfully established existing buildings a
14 that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the 2
15 Board of County Commissioners shall be required to review and specify the maximum approved height prior 2
16 to issuance of any county permit or development approval. The Planning Commission shall provide a a
17 recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution U)
18 specifying the maximum approved height.
19
20 Policy 101.9.5: Existing manufactured homes which are damaged or destroyed so as to require substantial
21 improvement shall be required to meet the most recent HUD standards, and the floodplain management ,C
22 standards set forth by FEMA. 0
23 U-
24 Objective 101.10: Monroe County shall provide for drainage and stormwater management so as to protect CN
25 real and personal property and to protect and improve water quality.
26
27 Policy 101.12.3: Monroe County shall coordinate the siting of new public facilities with the appropriate local,
28 state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable ~
29 state and federal regulations. �
3017
31 Objective 101.14: Monroe County shall maintain land development regulations which direct future growth
32 away from areas within the Coastal High Hazard Area(CHHA). U
33 U
34 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and
35 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
36 tropical hardwood hammock). M
37
38 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space requirement shall
39 be one hundred(100)percent of the following types of wetlands: `N
40 1. submerged lands
41 2. mangroves
42 3. salt ponds
43 4. fresh water wetlands
44 5. fresh water ponds
45 6.undisturbed salt marsh and buttonwood wetlands
46 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
47 and buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats.
48 Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be assigned any density or intensity.
49
50 Objective 102.3: Monroe County shall maintain land development regulations which will direct new
51 development to areas having appropriate topography and soil conditions and to where site disturbance and
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I man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
2 and marine resources.
3
4 Objective 102.7: Monroe County shall take actions to discourage new private development in areas
5 designated as units of the Coastal Barrier Resources System (CBRS).
6
7 Objective 105.1: Monroe County shall continue to implement smart growth initiatives in conjunction with its
8 Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
9 processes to preserve the natural environment, maintain and enhance the community character and quality of
10 life,redevelop blighted commercial and residential areas,remove barriers to design concepts,reduce sprawl,
11 and direct future growth to appropriate infill areas.
12
13 GOAL 202: The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays, a
14 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible, improved 2
15 or restored. 2
16
17 Policy 202.4.1: Monroe County shall support state and federal policies and regulations concerning the U)
18 permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by
19 Monroe County shall be maintained.
20
21 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves, C,
22 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible, 0
23 restored and enhanced. M
24 �
25 Objective 203.1: Monroe County shall protect its mangrove wetlands by continuing to implement regulations
26 which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts U
27 of development upon mangroves.
28
29 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected CN
30 and,where possible,restored and enhanced. V-
31
32 Policy 204.2.2: To protect submerged lands and wetlands,the open space requirement shall be 100 percent of U
33 the following types of wetlands: 0
34 1. submerged lands;
35 2. mangroves;
36 3. salt ponds; M
37 4. fresh water wetlands;
38 5. fresh water ponds; and
39 6.undisturbed salt marsh and buttonwood wetlands. N
40 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
41 and buttonwood wetland only for use as transferable development rights away from these habitats.Submerged
42 lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or intensity. Within one
43 (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a
44 prohibition of development in salt ponds.
45
46 GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
47 where possible, enhanced.
48
49 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
50
51 Policy 206.1.4: Monroe County shall implement a"Permit Referral Process" for review of all development
52 that occurs within areas designated as "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)". The
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I SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS)which contain potentially
2 suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo
3 Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail
4 Butterfly, Silver Rice Rat, and Stock Island Tree Snail.
5
6 Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency
7 (FEMA) to review permit applications for compliance with the Federal Endangered Species Act through the
8 "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is
9 to implement regulations that will assure, consistent with the 10th Amendment to the U.S. Constitution, state
10 and county regulations, proper record retention, coordination, and notification of FEMA and USFWS
11 regarding permit applications filed with or issued by Monroe County.
12
13 Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development permit a
14 application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and 2
15 endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and/or are not 2
16 included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult
17 directly with USFWS and provide authorization from USFWS to Monroe County before commencement of U)
18 development.
19
20 Objective 206.2: Monroe County shall provide guidance to private landowners to reduce disturbances to
21 wildlife species designated by the FWS as threatened or endangered.
22 0
23 GOAL 208: Monroe County shall discourage private land uses on its mainland, offshore islands and
24 undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated CN
25 with private land uses on adjoining lands.
26
27 GOAL 210: The health and integrity of Monroe County's beach/berm resources shall be protected and,when
28 possible,restored and enhanced. ~
29
30 Objective 212.5: Monroe County shall maintain land development regulations pertaining to shoreline V_
31 stabilization.
32 U
33 GOAL 216: Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment 0
34 to increase public safety and reduce damages and public expenditures.
35
36 Objective 216.1: Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard
37 Area(CHHA)which reduces floodplain alteration and damage or loss due to natural disasters.
38
39 Policy 216.1.4: Monroe County shall continue its policy of reviewing the current Building Code and, as `N
40 appropriate, adopting structural standards and site alteration restrictions that meet or exceed the minimum
41 FEMA requirements. The Building Code shall be reviewed and revised at least every five years. The
42 recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to
43 the Code.
44
45 Policy 216.1.5: Monroe County shall continue to participate in the National Flood Insurance Program(NFIP)
46 Community Rating System (CRS)to the maximum extent possible and shall seek to improve its current CRS
47 Class rating.
48
49 Policy 216.1.6: Monroe County shall continue to enforce federal, state and local setback and elevation
50 requirements to promote the protection and safety of life and property. Revisions to the existing setback
51 requirements contained in the land development regulations shall be considered as a means of reducing
52 property damage caused by storms.
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1
2 Policy 216.1.7: Monroe County shall consider floodplain management and CHHA issues in making public
3 acquisition decisions.
4
5 Policy 216.1.8: Monroe County shall require that, to the greatest extent practicable, development activity,
6 such as land clearing, grading and filling will not disturb natural drainage patterns.
7
8 Policy 216.2.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies
9 procedures for implementing programs for immediate repair, replacement, and cleanup, and long-term
10 rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged _
11 infrastructure and consideration of alternatives to its repair or replacement in the CHHA.
12 0
13 Policy 216.2.3: The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage a
14 within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and 2
15 shall specify procedures for relocating or replacing public infrastructure away from them,where feasible. 2
16
17 Policy 216.2.4: Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with U)
18 Emergency Management to include in the Local Mitigation Strategy considerations for repetitive loss and
19 severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible
20 to repeated damage.
21 ,C
22 Objective 216.3: Monroe County shall maintain land development regulations which directs future growth 0
23 away from the Coastal High Hazard Area(CHHA). U_
24 �
25 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard housing and
26 to preserve, conserve and enhance the existing housing stock,including historic structures and sites.
27 a
28 Policy 601.3.1: Monroe County shall coordinate with other County agencies to monitor housing conditions. Z�-
29 Standards for evaluation of the structural condition of the housing stock are summarized below: CN
30 Sound: Most housing units in this category are in good condition and have no visible defects. However, V_
31 some structures with slight defects are also included.
32 Deteriorating: A housing unit in this category needs more repair than would be provided in the course of is
33 regular maintenance,such as repainting.A housing unit is classified as deteriorating when its deficiencies 0
34 indicate a lack of proper upkeep.
35 Dilapidated (Substandard): A housing unit in this category indicates that the unit can no longer provide
36 safe and adequate shelter or is of inadequate original construction including being constructed below the M
37 minimum required elevation by FEMA or the County's Floodplain Regulations.
38
39 Policy 601.3.2: The County Code Compliance Office and Building Department will enforce building code `N
40 regulations and County ordinances governing the structural condition of the housing stock, to ensure the
41 provision of safe, decent and sanitary housing and stabilization of residential neighborhoods.
42
43 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
44 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental
45 organizations and private organizations to exchange data and develop coordinated strategies to address energy
46 conservation and impacts from climate change.
47
48 Objective 1501.1: Monroe County shall coordinate and collaborate with municipalities and other public and
49 private entities to address energy conservation strategies and unique climate change impacts, including
50 adaptation and mitigation strategies.
51
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I Policy 1501.1.4: Monroe County shall seek the support of agencies, such as the National Oceanic and
2 Atmospheric Administration (NOAA), U.S. Geological Survey (USGS), Federal Emergency Management
3 Agency (FEMA), the U.S. Department of Interior, the U.S. Army Corps of Engineers (ACOE), as well as
4 universities and not-for-profit organizations to coordinate support for updating, exchanging and analyzing
5 data regarding potential changes in climate change vulnerability.
6
7 Objective 1502.1: In conjunction with future updates to the 2030 Comprehensive Plan and land development
8 regulations, the County shall update the data and assumptions related to climate change impacts to
9 infrastructure based on the latest scientific predictions and observed(monitored) impacts. Monroe County
10 shall also consider climate change impacts such as increased temperatures, sea level rise,potentially shifting
11 habitat and ecosystem types and the need to withstand increased storm surge in evaluating public infrastructure
12 decisions.
13
14 Policy 1503.1.4: Monroe County shall review the most updated FEMA maps within one (1) year of their 2
15 release and evaluate floor elevation requirements, as necessary, for all new construction in vulnerable areas. 2
16
17 Policy 1503.4.1: Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County U)
18 shall review its post-disaster redevelopment plan and land development regulations to include, as appropriate,
19 consideration of climate change impacts,repetitive loss structures and shoreline stabilization needs.
20
21 Objective 1504.1: Within five (5)years after the adoption of the 2030 Comprehensive Plan,the County shall C,
22 revise its land acquisition and preservation policies to consider the climate change-related values of natural 0
23 areas for sequestering carbon and providing climate adaptation and mitigation benefits such as the resource's rZ
24 strategic capacity to absorb floodwaters and address coastal ecosystem migration. CN
25
26 B.The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area,
U
27 Section 380.0552(7), Florida Statutes.
28
C14
29 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
LO
30 principles for guiding development and any amendments to the principles, the principles shall be construed
31 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. V_
32 U
U
33 (a) Strengthening local government capabilities for managing land use and development so that local
34 government is able to achieve these objectives without continuing the area of critical state concern W
35 designation. LO
36 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
37 wetlands, fish and wildlife, and their habitat. ,
38 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical Q
39 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
40 their habitat.
41 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic E
42 development.
43 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
44 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
45 ensuring that development is compatible with the unique historic character of the Florida Keys.
46 (g) Protecting the historical heritage of the Florida Keys.
47 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
48 public investments,including:
49
50 1. The Florida Keys Aqueduct and water supply facilities;
51 2. Sewage collection, treatment, and disposal facilities;
52 3. Solid waste treatment, collection, and disposal facilities;
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1 4. Key West Naval Air Station and other military facilities;
2 5. Transportation facilities;
3 6. Federal parks,wildlife refuges, and marine sanctuaries;
4 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
5 8. City electric service and the Florida Keys Electric Co-op; and
6 9. Other utilities, as appropriate.
7
8 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
9 replacement of stormwater management facilities; central sewage collection; treatment and disposal
10 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
11 disposal systems.
12 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
13 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
14 applicable, and by directing growth to areas served by central wastewater treatment facilities through 2
15 permit allocation systems. 2
16 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
17 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. U)
18 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
19 manmade disaster and for a postdisaster reconstruction plan.
20 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
21 Florida Keys as a unique Florida resource.
22 0
23 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
24 Principles for Guiding Development as a whole and is not inconsistent with any Principle. CN
25
26 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). U
27 Specifically, the amendment furthers:
28 cN
29 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and enhance
LO
30 present advantages; encourage the most appropriate use of land,water, and resources, consistent with the 17
31 public interest; overcome present handicaps; and deal effectively with future problems that may result V_
32 from the use and development of land within their jurisdictions. Through the process of comprehensive U
33 planning, it is intended that units of local government can preserve, promote, protect, and improve the 0
34 public health,safety,comfort,good order,appearance,convenience,law enforcement and fire prevention,
35 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
36 schools, parks, recreational facilities, housing, and other requirements and services; and conserve,
37 develop,utilize, and protect natural resources within their jurisdictions. s
38
CN
39 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status set 4,
40 out in this act and that no public or private development shall be permitted except in conformity with
41 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act. E
42
43 163.3164(14), F.S.— "Development"has the same meaning as in s. 380.04. <
44
45 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies
46 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of
47 the area that reflects community commitments to implement the plan and its elements. These principles
48 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities
49 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
50 principles and strategies,generally provided as goals,objectives,and policies,shall describe how the local
51 government's programs, activities, and land development regulations will be initiated, modified, or
52 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
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I require the inclusion of implementing regulations in the comprehensive plan but rather to require
2 identification of those programs, activities, and land development regulations that will be part of the
3 strategy for implementing the comprehensive plan and the principles that describe how the programs,
4 activities, and land development regulations will be carried out. The plan shall establish meaningful and
5 predictable standards for the use and development of land and provide meaningful guidelines for the
6 content of more detailed land development and use regulations.
7
8 163.3177(6)(d), F.S. —A conservation element for the conservation, use, and protection of natural resources
9 in the area, include ng air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils,
10 beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat,
11 minerals,and other natural and environmental resources,including factors that affect energy conservation.
12
13 163.3178(2)(a), F.S. — A land use and inventory map of existing coastal uses, wildlife habitat, wetland and a
14 other vegetative communities, undeveloped areas, areas subject to coastal flooding,public access routes 2
15 to beach and shore resources, historic preservation areas, and other areas of special concern to local 2
16 government.
17 U)
18 163.3178(2)(f),F.S.—A redevelopment component that outlines the principles that must be used to eliminate
19 inappropriate and unsafe development in the coastal areas when opportunities arise.The component must:
20 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
21 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater
22 runoff, and the related impacts of sea-level rise. 0
23 2. Encourage the use of best practices development and redevelopment principles, strategies, and U_
24 engineering solutions that will result in the removal of coastal real property from flood zone designations CN
25 established by the Federal Emergency Management Agency.
26 3. Identify site development techniques and best practices that may reduce losses due to flooding and
27 claims made under flood insurance policies issued in this state.
28 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida ~�
29 Building Code and applicable flood plain management regulations set forth in 44 C.F.R.part 60. N
30 5. Require that any construction activities seaward of the coastal construction control lines established V_
31 pursuant to s. 161.053 be consistent with chapter 161.
32 6. Encourage local governments to participate in the National Flood Insurance Program Community U
33 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance 0
34 premium discounts for their residents.
35
36 163.3194(1)(a), F.S. — After a comprehensive plan, or element or portion thereof, has been adopted in
37 conformity with this act, all development undertaken by, and all actions taken in regard to development
38 orders by, governmental agencies in regard to land covered by such plan or element shall be consistent
39 with such plan or element as adopted. `N
40
41 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
42 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in
43 part, by the adoption and enforcement of appropriate local regulations on the development of lands and
44 waters within an area.It is the intent of this act that the adoption and enforcement by a governing body of
45 regulations for the development of land or the adoption and enforcement by a governing body of a land
46 development code for an area shall be based on,be related to, and be a means of implementation for an
47 adopted comprehensive plan as required by this act.
48
49 163.3202(2), F.S. — Local land development regulations shall contain specific and detailed provisions
50 necessary or desirable to implement the adopted comprehensive plan and shall at a minimum:
51 (a) Regulate the subdivision of land.
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I (b) Regulate the use of land and water for those land use categories included in the land use element and
2 ensure the compatibility of adjacent uses and provide for open space.
3 (c)Provide for protection of potable water wellfields.
4 (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
5 management.
6 (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan.
7
8
9 VI. PROCESS
10
11 Land Development Code Amendments may be proposed by the Board of County Commissioners, the 0
12 Planning Commission,the Director of Planning,private application, or the owner or other person having
13 a contractual interest in property to be affected by a proposed amendment. The Director of Planning 0
14 shall review and process applications as they are received and pass them onto the Development Review
15 Committee and the Planning Commission. W
16
U)
17 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
18 the application, the reports and recommendations of the Department of Planning & Environmental
19 Resources and the Development Review Committee and the testimony given at the public hearing. The
20 Planning Commission shall submit its recommendations and findings to the Board of County a
21 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed 2
22 amendment, and considers the staff report, staff recommendation, Planning Commission N
23 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
24 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
25 U
26 VII. STAFF RECOMMENDATION
27 N
28 Approval LO
29
V_
30 VIII.EXHIBITS U
31
32 Exhibit 1 —DEM's State Floodplain Management Office - Model Floodplain Management Ordinance
33 Exhibit 2—Flood Resistant Provisions in the 7 h Edition Florida Building Code (2020)
34 Exhibit 3 —HIGHLIGHTS OF ASCE 24-14 Flood Resistant Design and Construction
35 Exhibit 4 — FEMA Policy 4104-008-03: Floodplain Management Requirements for Agricultural
36 Structures and Accessory Structures N
37 Exhibit 5 — DEM's State Floodplain Management Office - Florida Guidance for At-grade wet
38 floodproofed Accessory Structures in Flood Hazard Areas
39 Exhibit 6 —Marathon Floodplain Management Ordinance 2018-05
40 Exhibit 7 —Marathon Floodplain Management Ordinance 2021-06
41 Exhibit 8 —Layton Floodplain Damage Prevention Chapter 114 - Ordinance 2018-09-03
42 Exhibit 9 —Layton Floodplain Damage Prevention Ordinance 2021-04-01
43 Exhibit 10 —Key West Floodplain Management— Chapter 34 Article II
44 Exhibit 11 —Key Colony Beach Floodplain Management Article - Ordinance 2018- 456A
45 Exhibit 12—Monroe County Resolution 193-2014—Implementation Plan (Remedial Plan)
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State Floodplain Management Office - Model Floodplain Management Ordinance
ORDINANCE NO.
AN ORDINANCE BY THE (community's governing body) AMENDING THE (name o
community) CODE OF ORDINANCES TO REPEAL (insert appropriate chapter/section
numbers); TO ADOPT A NEW (insert appropriate chapter/section numbers); TO ADOPT
FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT
PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,AND FOR
OTHER PURPOSES; PROVIDING FOR APPLICABILITY; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in (Chapter 2 ounty c
Government or Chapter Municipalities), Florida Statutes, conferred upon local
governments the authority to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry; and U)
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of(name of community) and such areas may be subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood 0
protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare, and N
WHEREAS, the (name of community) was accepted for participation in the National
Flood Insurance Program on(date of regular program entry)and the(community's governing
body) desires to continue to meet the requirements of Title 44 Code of Federal Regulations,
Sections 59 and 60, necessary for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; and 0
WHEREAS, the (community's governing body) has determined that it is in the public
interest to adopt the proposed floodplain management regulations that are coordinated with the c
Florida Building Code.
NOW, THEREFORE, BE IT ORDAINED by the (community's governing body) of
(name of community)that the following floodplain management regulations are hereby adopted. N
IV-
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s)
and regulation(s): (insert citation to existing flood a a e reduction regulations that will
e replaced y these regulations and citation(s) to other ordinances that have flood
provisions, such as subdivision regulations that also will be replaced y these
regulations).
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ARTICLE I ADMINISTRATION
SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of
(name of community), hereinafter referred to as "this ordinance."
101.2 Scope. The provisions of this ordinance shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration, remodeling,
enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and
facilities that are exempt from the Florida Building Code; placement, installation, or replacement of c
manufactured homes and manufactured buildings; installation or replacement of tanks; placement of
recreational vehicles; installation of swimming pools; and any other development.
U)
101.3 Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to:
0
(1) Minimize unnecessary disruption of commerce, access and public service during times of _
flooding; N
N
(2) Require the use of appropriate construction practices in order to prevent or minimize future
flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities; 0
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas; c
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
2
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. N
IV-
101.4 Coordination with the Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24
refers to the edition of the standard that is referenced by the Florida Building Code.
101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building
Code, as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. This ordinance does not imply that
land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations
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contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the
requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the
Federal Emergency Management Agency, requiring this community to revise these regulations to
remain eligible for participation in the National Flood Insurance Program. No guaranty of vested
use, existing use, or future use is implied or expressed by compliance with this ordinance.
101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of(governing
body) of(name of community) or by any officer or employee thereof for any flood damage that
results from reliance on this ordinance or any administrative decision lawfully made thereunder.
SECTION 102 APPLICABILITY
0
102.1 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
U)
102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard
areas within the (name of community), as established in Section 102.3 of this ordinance.
102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for (insert title
of FIS) dated (insert date of FIS), and all subsequent amendments and revisions, and the c
c
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and
revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as N
the minimum basis for establishing flood hazard areas. Studies and maps that establish flood
hazard areas are on file at the (Off ice/agency and address).
102.4 Submission of additional data to establish flood hazard areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the Floodplain
Administrator may require submission of additional data. Where field surveyed topography
prepared by a Florida licensed professional surveyor or digital topography accepted by the
community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a 0
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements of
the Florida Building Code. c
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
CN
102.5 Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions
of local, state or federal law.
102.6 Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land development regulations,zoning
ordinances, stormwater management regulations, or the Florida Building Code. In the event of a
conflict between this ordinance and any other ordinance, the more restrictive shall govern. This
ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject
to such interests shall also be governed by this ordinance.
102.7 Interpretation. In the interpretation and application of this ordinance, all provisions shall
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be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
103.1 Designation. The (insert position title) is designated as the Floodplain Administrator.
The Floodplain Administrator may delegate performance of certain duties to other employees.
0
103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce
the provisions of this ordinance. The Floodplain Administrator shall have the authority to render
interpretations of this ordinance consistent with the intent and purpose of this ordinance and may ,
establish policies and procedures in order to clarify the application of its provisions. Such U,
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this ordinance without the granting of a variance pursuant to Section 107
of this ordinance.
0
103.3 Applications and permits. The Floodplain Administrator, in coordination with other -
pertinent offices of the community, shall: N
N
(1) Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas for
compliance with the requirements of this ordinance;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information; 0
(5) Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant; c
(6) Review applications to determine whether proposed development will be reasonably safe
from flooding;
(7) Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings, structures N
and facilities exempt from the Florida Building Code, when compliance with this ordinance
is demonstrated, or disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that applications,
plan reviews, and inspections for buildings and structures in flood hazard areas comply
with the applicable provisions of this ordinance.
103.4 Substantial improvement and substantial damage determinations. For applications for
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations,
substantial improvements, repairs of substantial damage, and any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in coordination with the Building
Official, shall:
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State Floodplain Management Office - Model Floodplain Management Ordinance
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and before
any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial improvement
or repair of substantial damage; and
0
(4) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this ordinance is required. ,
U)
103.5 Modifications of the strict application of the requirements of the Florida Building
Code. The Floodplain Administrator shall review requests submitted to the Building Official that
seek approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the c
granting of a variance pursuant to Section 107 of this ordinance. _
N
103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
ordinance. U
103.7 Inspections.The Floodplain Administrator shall make the required inspections as specified
in Section 106 of this ordinance for development that is not subject to the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect flood hazard areas to determine if development is
undertaken without issuance of a permit. c
c
103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
other duties, including but not limited to: c
(1) Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 103.4 of this ordinance;
(2) Require that applicants proposing alteration of a watercourse notify adjacent communities N
and the Florida Division of Emergency Management, State Floodplain Management
Office, and submit copies of such notifications to the Federal Emergency Management
Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain the
Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood
hazard area boundaries, or floodway designations; such submissions shall be made within
6 months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code to determine that such certifications and
documentations are complete;
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State Floodplain Management Office - Model Floodplain Management Ordinance
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of
(name of community) are modified; and
(6) Advise applicants for new buildings and structures, including substantial improvements,
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act
of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identified on Flood Insurance Rate Maps
as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
103.9 Floodplain management records. Regardless of any limitation on the period required for
retention of public records, the Floodplain Administrator shall maintain and permanently keep and c
make available for public inspection all records that are necessary for the administration of this
ordinance and the flood resistant construction requirements of the Florida Building Code,
including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes substantial improvement U),
or repair of substantial damage; required design certifications and documentation of elevations
specified by the Florida Building Code and this ordinance; notifications to adjacent communities,
FEMA, and the state related to alterations of watercourses; assurances that the flood carrying
capacity of altered watercourses will be maintained; documentation related to appeals and c
variances, including justification for issuance or denial; and records of enforcement actions taken -
pursuant to this ordinance and the flood resistant construction requirements of the Florida Building N
Code. These records shall be available for public inspection at (location and instructions to
request access, if applicable).
U
SECTION 104 PERMITS
104.1 Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who
intends to undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or
partially within any flood hazard area shall first make application to the Floodplain Administrator, c
and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No -
such permit or approval shall be issued until compliance with the requirements of this ordinance and
all other applicable codes and regulations has been satisfied. c
IV-
104.2 Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this ordinance for any development activities not subject to the
requirements of the Florida Building Code, including buildings, structures and facilities exempt from
the Florida Building Code. Depending on the nature and extent of proposed development that N
includes a building or structure, the Floodplain Administrator may determine that a floodplain
development permit or approval is required in addition to a building permit.
104.3 Buildings, structures and facilities exempt from the Florida Building Code. Pursuant
to the requirements of federal regulation for participation in the National Flood Insurance Program
(44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required
for the following buildings, structures and facilities that are exempt from the Florida Building Code
and any further exemptions provided by law, which are subject to the requirements of this
ordinance:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
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(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe
of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden
but that has a thatched roof of palm or palmetto or other traditional materials, and that
does not incorporate any electrical, plumbing, or other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a c
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the state ,
correctional system.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps
0
104.4 Application for a permit or approval. To obtain a floodplain development permit or
approval the applicant shall first file an application in writing on a form furnished by the community. N
The information provided shall:
c�
(1) Identify and describe the development to be covered by the permit or approval. U
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 105 of c
this ordinance. c
(5) State the valuation of the proposed work.
0
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
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104.5 Validity of permit or approval. The issuance of a floodplain development permit or
approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any
violation of this ordinance, the Florida Building Codes, or any other ordinance of this community.
The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of errors
and omissions.
104.6 Expiration. A floodplain development permit or approval shall become invalid unless the
work authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions for periods of not more than 180 days each shall be requested in writing and justifiable
cause shall be demonstrated.
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104.7 Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit or approval if the permit was issued in error, on the basis
of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other
ordinance, regulation or requirement of this community.
104.8 Other permits required. Floodplain development permits and building permits shall
include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
(1) The (insert name) Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems; section c
381.0065, F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for construction, reconstruction, changes,
or physical activities for shore protection or other activities seaward of the coastal
construction control line; section 161.141, F.S.
(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands and alter 0
surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of
the Clean Water Act. N
(6) Federal permits and approvals.
c,
SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
105.1 Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this ordinance shall be drawn to
scale and shall include, as applicable to the proposed development:
0
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood -
elevation(s), and ground elevations if necessary for review of the proposed development.
(2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood c
Insurance Study, they shall be established in accordance with Section 105.2(2) or (3) of
this ordinance.
(3) Where the parcel on which the proposed development will take place will have more than
50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM N
or in the Flood Insurance Study, such elevations shall be established in accordance with
Section 105.2(1) of this ordinance.
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
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(7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of
the coastal construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
(9) Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this ordinance but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain compliance
with this ordinance. c
105.2 Information in flood hazard areas without base flood elevations (approximate Zone
A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have
not been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data 0
available from a federal or state agency or other source or require the applicant to obtain
and use base flood elevation and floodway data available from a federal or state agency N
or other source.
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(3) Where base flood elevation and floodway data are not available from another source, U
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
(b) Specify that the base flood elevation is two (2)feet above the highest adjacent 0
grade at the location of the development, provided there is no evidence
indicating flood depths have been or may be greater than two (2) feet.
0
(4) Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed
engineer in a format required by FEMA, and that it shall be the responsibility of the
applicant to satisfy the submittal requirements and pay the processing fees.
N
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105.3 Additional analyses and certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the applicant
shall have the following analyses signed and sealed by a Florida licensed engineer for submission
with the site plan and construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Section 105.4 of this
ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA,
with the site plan and construction documents.
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(2) For development activities proposed to be located in a riverine flood hazard area for which
base flood elevations are included in the Flood Insurance Study or on the FIRM and
floodways have not been designated, hydrologic and hydraulic analyses that demonstrate
that the cumulative effect of the proposed development, when combined with all other
existing and anticipated flood hazard area encroachments,will not increase the base flood
elevation more than one (1)foot at any point within the community. This requirement does
not apply in isolated flood hazard areas not connected to a riverine flood hazard area or
in flood hazard areas identified as Zone AO or Zone AH.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of the
altered or relocated portion of the watercourse will not be decreased, and certification that c
the altered watercourse shall be maintained in a manner which preserves the channel's
flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in
Section 105.4 of this ordinance. ,
U)
(4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard
areas (Zone V), an engineering analysis that demonstrates that the proposed alteration
will not increase the potential for flood damage.
105.4 Submission of additional data. When additional hydrologic, hydraulic or other 0
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood N
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by
a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
SECTION 106 INSPECTIONS
106.1 General. Development for which a floodplain development permit or approval is required
shall be subject to inspection. 0
106.2 Development other than buildings and structures. The Floodplain Administrator shall
inspect all development to determine compliance with the requirements of this ordinance and the c
conditions of issued floodplain development permits or approvals.
106.3 Buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida
Building Code to determine compliance with the requirements of this ordinance and the conditions N
of issued floodplain development permits or approvals.
106.4 Buildings, structures and facilities exempt from the Florida Building Code, lowest
floor inspection. Upon placement of the lowest floor, including basement, and prior to further
vertical construction, the owner of a building, structure or facility exempt from the Florida Building
Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
(1) If a design flood elevation was used to determine the required elevation of the lowest floor,
the certification of elevation of the lowest floor prepared and sealed by a Florida licensed
professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was determined
in accordance with Section 105.2(3)(b) of this ordinance, the documentation of height of
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the lowest floor above highest adjacent grade, prepared by the owner or the owner's
authorized agent.
106.5 Buildings, structures and facilities exempt from the Florida Building Code, final
inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to
the Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 106.4 of this
ordinance.
106.6 Manufactured homes. The Floodplain Administrator shall inspect manufactured homes
that are installed or replaced in flood hazard areas to determine compliance with the requirements c
of this ordinance and the conditions of the issued permit. Upon placement of a manufactured
home, certification of the elevation of the lowest floor shall be submitted to the Floodplain
Administrator. U)
SECTION 107 VARIANCES AND APPEALS
107.1 General. The (body designated to hear variances)shall hear and decide on requests for
appeals and requests for variances from the strict application of this ordinance. Pursuant to 0
section 553.73(5), F.S., the (body designated to hear variances) shall hear and decide on
requests for appeals and requests for variances from the strict application of the flood resistant N
construction requirements of the Florida Building Code. This section does not apply to Section
3109 of the Florida Building Code, Building.
107.2 Appeals. The (body designated to hear variances)shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the administration and enforcement of this ordinance. Any person aggrieved by
the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes.
107.3 Limitations on authority to grant variances. The (body designated to hear variances) 0
shall base its decisions on variances on technical justifications submitted by applicants, the
considerations for issuance in Section 107.7 of this ordinance, the conditions of issuance set forth
in Section 107.8 of this ordinance, and the comments and recommendations of the Floodplain c
Administrator and the Building Official. The (body designated to hear variances) has the right
to attach such conditions as it deems necessary to further the purposes and objectives of this
ordinance.
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107.4 Restrictions in floodways. A variance shall not be issued for any proposed development N
in a floodway if any increase in base flood elevations would result, as evidenced by the applicable
analyses and certifications required in Section 105.3 of this ordinance.
107.5 Historic buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood resistant
construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not
preclude the building's continued designation as a historic building and the variance is the
minimum necessary to preserve the historic character and design of the building. If the proposed
work precludes the building's continued designation as a historic building, a variance shall not be
granted and the building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Building Code.
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107.6 Functionally dependent uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use, as defined
in this ordinance, provided the variance meets the requirements of Section 107.4, is the minimum
necessary considering the flood hazard, and all due consideration has been given to use of
methods and materials that minimize flood damage during occurrence of the base flood.
107.7 Considerations for issuance of variances. In reviewing requests for variances, the
(body esi nate to hear variances) shall consider all technical evaluations, all relevant
factors, all other applicable provisions of the Florida Building Code, this ordinance, and the
following:
0
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the community;
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(5) The availability of alternate locations for the proposed development that are subject to -
lower risk of flooding or erosion; N
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(6) The compatibility of the proposed development with existing and anticipated development;
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(7) The relationship of the proposed development to the comprehensive plan and floodplain U
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
0
(10) The costs of providing governmental services during and after flood conditions -
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges. c
107.8 Conditions for issuance of variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
(2) Determination by the (body designated to hear variances) that:
(a) Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with existing local laws and
ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford
relief;
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(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the record
of a written notice from the Floodplain Administrator to the applicant for the variance,
specifying the difference between the base flood elevation and the proposed elevation of
the lowest floor, stating that the cost of federal flood insurance will be commensurate with
the increased risk resulting from the reduced floor elevation (up to amounts as high as
$25 for $100 of insurance coverage), and stating that construction below the base flood
elevation increases risks to life and property. c
SECTION 108 VIOLATIONS
108.1 Violations. Any development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance that is performed without an issued permit, that is in conflict
with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation
of this ordinance. A building or structure without the documentation of elevation of the lowest
floor, other required design certifications, or other evidence of compliance required by this 0
ordinance or the Florida Building Code is presumed to be a violation until such time as that
documentation is provided. N
108.2 Authority. For development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
108.3 Unlawful continuance. Any person who shall continue any work after having been served
with a notice of violation or a stop work order, except such work as that person is directed to
perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as 0
prescribed by law(or insertspecific reference to state or local law).
ARTICLE II DEFINITIONS c
SECTION 201 GENERAL
201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this ordinance, have the meanings shown in this section. N
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201.2 Terms defined in the Florida Building Code. Where terms are not defined in this
ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code.
201.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the context implies.
SECTION 202 DEFINITIONS
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
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capacity, or any other form of modification which may alter, impede, retard or change the direction
and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision
of this ordinance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year c
flood" or the 1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the U)
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 202; see "Basement (for flood loads)".] 0
Coastal construction control line. The line established by the State of Florida pursuant to N
section 161.053, F.S., and recorded in the official records of the community, which defines that
portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, tU
storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave action"or"V Zones" and are designated on Flood
Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. 0
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 202.] c
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
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Design flood elevation. The elevation of the "design flood," including wave height, relative to
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the datum specified on the community's legally designated flood hazard map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
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Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine flood
hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before ate the community's first floodplain management
ordinance was adopted). [Also defined in FBC, B, Section 202.]
Existing manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before ate the c
community's first floodplain management ordinance was adopted).
Expansion to an existing manufactured home park or subdivision. The preparation of U)
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to 0
carrying out other functions, administers the National Flood Insurance Program.
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Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 202.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials.Any construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 202.] 0
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.] c
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
2
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated. CN
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Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 202.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 202.]
Floodplain Administrator. The office or position designated and charged with the administration
and enforcement of this ordinance (may be referred to as the Floodplain Manager).
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Floodplain development permit or approval. An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this ordinance.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood c
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
U)
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
0
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Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities N
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. c
c
Letter of Map Change(LOMC). An official determination issued by FEMA that amends or revises
an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: c
Letter of Map Amendment (LOMA): An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show N
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel
of land has been elevated by fill above the base flood elevation and is, therefore, no longer
located within the special flood hazard area. In order to qualify for this determination, the
fill must have been permitted and placed in accordance with the community's floodplain
management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether
a proposed flood protection project or other project complies with the minimum NFIP
requirements for such projects with respect to delineation of special flood hazard areas.
A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance
Study; upon submission and approval of certified as-built documentation, a Letter of Map
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Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including c
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such enclosure
is not built so as to render the structure in violation of the non-elevation requirements of the Florida U)
Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when 0
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] N
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Value (replacement cost 0
depreciated for age and quality of construction), or tax assessment value adjusted to approximate
market value by a factor provided by the Property Appraiser.
0
New construction. For the purposes of administration of this ordinance and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after ate the community's first floodplain management
ordinance was adopted) and includes any subsequent improvements to such structures.
N
N
New manufactured home park or subdivision. A manufactured home park or subdivision for
It-
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after ate the
community's first floodplain management ordinance was adopted).
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living quarters
when connected to utilities necessary for operation of installed fixtures and appliances. [Defined
in section 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.)
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(1) Built on a single chassis;
(2) Four hundred (400)square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of c
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.]
Start of construction. The date of issuance of permits for new construction and substantial U,
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within 180 days of the date of the issuance. The
actual start of construction means either the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slab or footings, the c
installation of piles, or the construction of columns. _
Permanent construction does not include land preparation (such as clearing, grading, or N
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a U
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the external
dimensions of the building. [Also defined in FBC, B Section 202.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost
of restoring the building or structure to its before-damaged condition would equal or exceed 50 c
percent of the market value of the building or structure before the damage occurred. [Also defined c
in FBC, B Section 202.]
Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other c
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial improvement
regardless of the actual repair work performed. The term does not, however, include either: [Also N
defined in FBC, B, Section 202.] It-
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum necessary
to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the structure's
continued designation as a historic structure. [See Instructions and Notes]
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this ordinance or the Florida Building Code.
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Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over
which water flows at least periodically.
ARTICLE III FLOOD RESISTANT DEVELOPMENT
SECTION 301 BUILDINGS AND STRUCTURES
301.1 Design and construction of buildings, structures and facilities exempt from the
Florida Building Code. Pursuant to Section 104.3 of this ordinance, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial improvement or repair
of substantial damage of such buildings, structures and facilities, shall be designed and constructed
in accordance with the flood load and flood resistant construction requirements of ASCE 24. c
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Section 307 of this ordinance.
U)
301.2 Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also located,
in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the more c
restrictive applicable requirements of the Florida Building Code, Building Section 3109 _
and Section 1612 or Florida Building Code, Residential Section R322. N
N
(2) Minor structures and non-habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this ordinance and ASCE 24.
SECTION 302 SUBDIVISIONS
302.1 Minimum requirements. Subdivision proposals, including proposals for manufactured
home parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be 0
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water c
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures. W
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302.2 Subdivision plats. Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood
elevations, as appropriate, shall be shown on preliminary plats;
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 105.2(1) of this ordinance; and
(3) Compliance with the site improvement and utilities requirements of Section 303 of this
ordinance.
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SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
303.1 Minimum requirements. All proposed new development shall be reviewed to determine
that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, c
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
303.2 Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private U,
sewage treatment plants (including all pumping stations and collector systems), and on-site waste
disposal systems shall be designed in accordance with the standards for onsite sewage treatment
and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and c
impairment of the facilities and systems. _
N
303.3 Water supply facilities. All new and replacement water supply facilities shall be designed
in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. U
303.4 Limitations on sites in regulatory floodways. No development, including but not limited
to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in
the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1)
of this ordinance demonstrates that the proposed development or land disturbing activity will not
result in any increase in the base flood elevation. c
c
303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
0
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only), fill
shall comply with the requirements of the Florida Building Code.
2
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303.6 Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard N
areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration isIt-
approved by the Florida Department of Environmental Protection and only if the engineering
analysis required by Section 105.3(4) of this ordinance demonstrates that the proposed alteration
will not increase the potential for flood damage. Construction or restoration of dunes under or
around elevated buildings and structures shall comply with Section 307.8(3) of this ordinance.
SECTION 304 MANUFACTURED HOMES
304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward
of the coastal construction control line, all manufactured homes shall comply with the more
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restrictive of the applicable requirements.
304.2 Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this ordinance. Foundations for manufactured homes subject to
Section 304.6 of this ordinance are permitted to be reinforced piers or other foundation
elements of at least equivalent strength.
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. c
304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral U,
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties
to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
0
304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall -
comply with Section 304.5 or 304.6 of this ordinance, as applicable. N
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304.5 General elevation requirement. Unless subject to the requirements of Section 304.6 of
this ordinance, all manufactured homes that are placed, replaced, or substantially improved on c)
sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured
home park or subdivision; (c) in an expansion to an existing manufactured home park or
subdivision; or (d) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated
such that the bottom of the frame is at or above the elevation required, as applicable to the flood
hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 c
(Zone V). -
304.6 Elevation requirement for certain existing manufactured home parks and
0
subdivisions. Manufactured homes that are not subject to Section 304.5 of this ordinance,
including manufactured homes that are placed, replaced, or substantially improved on sites
located in an existing manufactured home park or subdivision, unless on a site where substantial
damage as result of flooding has occurred, shall be elevated such that either the:
(1) Bottom of the frame of the manufactured home is at or above the elevation required, as N
applicable to the flood hazard area, in the Florida Building Code, Residential Section
R322.2 (Zone A) or Section R322.3 (Zone V); or
(2) Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
304.7 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such
enclosed areas, as applicable to the flood hazard area.
304.8 Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall
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comply with the requirements of the Florida Building Code, Residential Section R322, as
applicable to the flood hazard area.
SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS
305.1 Temporary placement. Recreational vehicles and park trailers placed temporarily in flood
hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or park
model is on wheels or jacking system, is attached to the site only by quick-disconnect type
utilities and security devices, and has no permanent attachments such as additions, c
rooms, stairs, decks and porches.
305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the I
limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements
of Section 304 of this ordinance for manufactured homes.
SECTION 306 TANKS
0
306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to _
prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads N
during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
c)
306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
requirements of Section 306.3 of this ordinance shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming the tank 0
is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
0
306.3 Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
elevated to or above the design flood elevation and attached to a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the design flood.
Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard
N
area. N
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306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, during conditions of the design flood.
SECTION 307 OTHER DEVELOPMENT
307.1 General requirements for other development. All development, including man-made
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changes to improved or unimproved real estate for which specific provisions are not specified in
this ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage-resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to c
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
U)
307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential to
block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the
limitations of Section 303.4 of this ordinance.
307.3 Retaining walls,sidewalks and driveways in regulated floodways. Retaining walls and
sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the N
limitations of Section 303.4 of this ordinance.
c�
307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse U
crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles
or pedestrians to travel from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of Section
105.3(3) of this ordinance.
307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, 0
patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high
hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses are permitted beneath or adjacent to buildings and c
structures provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
X
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of W
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements
of the Florida Building Code, in coastal high hazard areas decks and patios shall be located,
designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed to
accommodate any increased loads resulting from the attached deck.
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(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design professional
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to the building or structure or to adjacent buildings and structures. c
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
307.7 Other development in coastal high hazard areas(Zone V). In coastal high hazard areas,
development activities other than buildings and structures shall be permitted only if also 0
authorized by the appropriate federal, state or local authority; if located outside the footprint of,
and not structurally attached to, buildings and structures; and if analyses prepared by qualified CN
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup
and wave reflection that would increase damage to adjacent buildings and structures. Such other tU
development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function
to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled 0
systems or mound systems.
307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: c
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted
for landscaping and for drainage purposes under and around buildings.
2
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design CN
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification of
the diversion of floodwater or wave runup and wave reflection if the scale and location of
the dune work is consistent with local beach-dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal structural
member of the building.
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(See instructions for technical amendments to FBC, if any, and insert ere as a new
SECTION3; technical amendments ay also be adopted by separate ordinance.)
SECTION 3. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in (insert name o
community or all unincorporated areas of the county). This ordinance shall apply to all
applications for development, including building permit applications and subdivision proposals,
submitted on or after the effective date of this ordinance.
SECTION 4. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the (community's governing body) that the provisions of this ordinance shall c
become and be made a part of the (name of community's) Code of Ordinances, and that the
sections of this ordinance may be renumbered or relettered and the word "ordinance" may be
changed to "section," "article," "regulation," or such other appropriate word or phrase in order to U)
accomplish such intentions.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity 0
of the ordinance as a whole, or any part thereof, other than the part so declared.
N
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SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect on (insert ate).
PASSED on first reading (insert ate).
PASSED and ADOPTED in regular session, with a quorum present and voting, by the
(governing bo y), upon second and final reading this (insert ate).
(Governing body) 0
0
(Chief Elected Officer)
ATTEST:
x
(Manager/Clerk) N
IV-
APPROVED AS TO FORM:
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(Attorney)
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Exhibit 2
S.4.d
Flood Resistant Provisions
in the
7th Edition Florida Building Code (2020)
A compilation prepared by the State Floodplain Management Office, Florida Division of
Emergency Management.
Copyright 2020, International Code Council, Inc., Washington, D.C. Reproduced with permission. All c
rights reserved. www.iccsafe.org. This publication reproduces excerpts from the Florida Building Code,
Building (7h Edition), Florida Building Code, Residential(7h Edition), Florida Building Code, Existing LU
Building(7h Edition),Florida Building Code,Mechanical(7h Edition),Florida Building Code,Plumbing ,
(7h Edition),Florida Building Code,Fuel Gas(7h Edition).
Available online:hLtps://www.floridadisaster.org/dern/Mitigation/floodlain/(Community Resources).
CL
CONTENTS: 0
c
FBC, Building .....................................................................................1
N
FBC, Residential ..............................................................................21
c�
FBC Existing Building 31
FBC, Mechanical, Plumbing, Fuel Gas ..................................................36
N
0
i
Summary of Most Significant Changes from the 6th Ed. FBC
1. FBC, Building.
LM
a. Modified ASCE 24, Section 9.6 Pools, to permit equipment for pools, spas and water features CL
below the required elevation if elevated to the extent practical, anchored, and supplied by branch 0
circuits with ground-fault circuit interrupter protection.
i
b. Modified Section 2702.1.7 to clarify where new essential electrical systems generators are LU
installed, and where new essential electrical system generators are installed, the systems and
generators shall be located and installed in accordance with ASCE 24, and where connections for
hookup of temporary generators are provided, the connections shall be located at or above the U
elevation required in ASCE 24.
2. FBC, Residential.
a. Modified R322.1.6 Protection of mechanical, plumbing and electrical systems, Exception, to permit
equipment for pools, spas and water features below the required elevation if elevated to the extent LU
practical, anchored, and supplied by branch circuits with ground-fault circuit interrupter protection. N
V_
b. New R322.3.4: Moves and clarifies requirements for concrete slabs in coastal high hazard areas
(Zone V)and Coastal A Zones.
c. New R322.3.7: Adds requirements for stairways and ramps in coastal high hazard areas(Zone V)
and Coastal A Zones.
d. New R322.3.8: Adds requirements for decks and porches in coastal high hazard areas(Zone V)
and Coastal A Zones.
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7th Edition Florida Building Code, Building (2020)
CHAPTER 1 ADMINISTRATIVE
SECTION 101 GENERAL
Note: in these Chapter 1 excerpts the flood provisions are identified by vertical black bars I I I
in the right margin.
0
Note: Sections 101.2 and 102.2 are shown so that floodplain administrators who are not
familiar with the code see which buildings are subject to the FBC, Building, FBC,
Residential, and FBC, Existing Building, and which buildings and facilities are exempt. The
NFIP requires all development to be regulated,buildings not subject to the FBC are still U)
subject to floodplain requirements under local regulations.
[A] 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and CL
demolition of every building or structure or any appurtenances connected or attached to such buildings or 0
structures.
Exceptions: N
1. Detached one-and two-family dwellings and multiple single-family dwellings(townhouses) not
more than three stories above grade plane in height with a separate means of egress, and their
accessory structures not more than three stories above grade plane in height, shall comply U
with the Florida Building Code, Residential.
2. Code requirements that address snow loads and earthquake protection are pervasive; they are
left in place but shall not be utilized or enforced because Florida has no snow load or N
earthquake threat. N
SECTION 102 APPLICABILITY 0
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection,
alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and 2
.T
demolition of every public and private building, structure or facility or floating residential structure, or any
appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations,
repairs and changes of use or occupancy group in all buildings and structures shall comply with the
provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and 0
facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall U.I
be as determined by the legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms. U
(d)Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the provisions of Part II N
(Sections 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall
apply to such mobile or modular structures.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes,
which are directly involved in the generation, transmission, or distribution of electricity. N
(g)Temporary sets, assemblies, or structures used in commercial motion picture or television
production, or any sound-recording equipment used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida.As used in this paragraph, the term "chickee" means an open-sided wooden but that has a
thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any
electrical, plumbing, or other nonwood features.
(i) Family mausoleums not exceeding 250 square feet (23 m2)in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
constructed of granite, marble, or reinforced concrete.
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Q)Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
(k)A building or structure having less than 1,000 square feet (93 m2)which is constructed and owned
by a natural person for hunting and which is repaired or reconstructed to the same dimension and
condition as existed on January 1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100-year floodplain according to the Federal Emergency Management
Agency's current Flood Insurance Rate Map; and
3. Is not connected to an off-site electric power or water supply. c
102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be
determined by the affected localities. [partial shown]
2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are U)
located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local
enforcement agency has determined that the work, which is otherwise exempt, does not constitute a
substantial improvement, including the repair of substantial damage, of such single-family residences.
CL
102.7 Relocation of manufactured buildings. c
(1) Relocation of an existing manufactured building does not constitute an alteration. c
(2)A relocated building shall comply with wind speed requirements of the new location, using the N
appropriate wind speed map. If the existing building was manufactured in compliance with the N
Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code
shall be applicable. If the existing building was manufactured in compliance with the Florida Building U
Code(after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable.
(3)A relocated building shall comply with the flood hazard area requirements of the new location, if I I I
applicable.
N
SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL 0
i
[A] 104.2.1 Determination of substantially improved or substantially damaged existing buildings
and structures in flood hazard areas. Reserved.
[A] 104.10.1 [Modifications] Flood hazard areas. Reserved. c
SECTION 105 PERMITS c
c
[A] 105.1 [Permits] Required.Any owner or owner's authorized agent who intends to construct, enlarge,
alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such
t3
work to be performed, shall first make application to the building official and obtain the required permit.
cN
105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an
affidavit or whenever the work to be covered by a permit involves installation under conditions which, in
the opinion of the building official, are hazardous or complex, the building official shall require that the
architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise N
such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection
reports as inspections are performed, and upon completion make and file with the building official written
affidavit that the work has been done in conformity to the reviewed plans and with the structural
provisions of the technical codes. In the event such architect or engineer is not available, the owner shall
employ in his stead a competent person or agency whose qualifications are reviewed by the building
official. The building official shall ensure that any person conducting plans review is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is
qualified as a building inspector under Part XI I of Chapter 468, Florida Statutes.
Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood
resistance requirements of the Florida Building Code.
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SECTION 107 SUBMITTAL DOCUMENTS
[A] 107.2.6 Site plan. The construction documents submitted with the application for permit shall be
accompanied by a site plan showing to scale the size and location of new construction and existing
structures on the site, distances from lot lines, the established street grades and the proposed finished
grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be
drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall
show construction to be demolished and the location and size of existing structures and construction that
are to remain on the site or plot. The building official is authorized to waive or modify the requirement for c
a site plan where the application for permit is for alteration or repair or where otherwise warranted.
[A] 107.2.6.1 [Site Plan] Design flood elevations.Where design flood elevations are not specified, they I I
shall be established in accordance with Section 1612.3.1. U)
107.3.5 [Examination of Documents] Minimum plan review criteria for buildings. The examination of
the documents by the building official shall include the following minimum criteria and documents: a floor
plan; site plan;foundation plan;floor/roof framing plan or truss layout; all fenestration penetrations; CL
flashing; and rough opening dimensions; and all exterior elevations: c
c
Commercial Buildings: [partial shown] N
Building N
1. Site requirements:
Flood hazard areas, flood zones, and design flood elevations U
8. Structural requirements shall include:
Flood requirements in accordance with Section 1612, including lowest floor elevations,
enclosures, flood damage-resistant materials N
Electrical Q
8. Design flood elevation 0
Plumbing
i
14. Design flood elevation
Mechanical
16. Design flood elevation
Gas 0
10. Design flood elevation
0
c
Residential (one-and two-family): [partial shown]
6. Structural requirements shall include:
Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures,
equipment, and flood damage-resistant materials
U
i
107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer
stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit N
shall state that the plans conform to the laws as to egress, type of construction and general arrangement
and, if accompanied by drawings, show the structural design and that the plans and design conform to
the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building
official may without any examination or inspection accept such affidavit, provided the architect or engineer N
who made such affidavit agrees to submit to the building official copies of inspection reports as
inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing
systems a certification that the structure, electrical, gas, mechanical or plumbing system has been
erected in accordance with the requirements of the technical codes. Where the building official relies
upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all
provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure
that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468,
Florida Statutes, and that any person conducting inspections is qualified as a building inspector under
Part XI I of Chapter 468, Florida Statutes.
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107.6.1 [Affidavits] Building permits issued on the basis of an affidavit. Pursuant to the requirements
of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and
60), the authority granted to the building official to issue permits, to rely on inspections, and to accept
plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections
105.14 and 107.6, shall not extend to the flood load and flood-resistance construction requirements of the
Florida Building Code.
SECTION 110 INSPECTIONS
0
[A] 110.3 Required inspections. The building official upon notification from the permit holder or his or
her agent shall make the following inspections, and shall either release that portion of the construction or
shall notify the permit holder or his or her agent of any violations which must be corrected in order to
comply with the technical codes. The building official shall determine the timing and sequencing of when U)
inspections occur and what elements are inspected at each inspection.
Building [partial shown]
1. Foundation inspection. To be made after trenches are excavated and forms erected and shall
at a minimum include the following building components: CL
Stem-wall c
Monolithic slab-on-grade c
Piling/pile caps N
-Footers/grade beams N
1.1. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to
further vertical construction, the elevation certification shall be submitted to the authority having U
jurisdiction. a
6. Final inspection. To be made after the building is completed and ready for occupancy.
6.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor N
elevation shall be submitted to the authority having jurisdiction. c14
0
[A] 110.3.3 [Required inspections] Lowest floor elevation. Reserved. Zi
U)
[A] 110.3.11.1 [Final inspection] Flood hazard documentation. Reserved.
,A
SECTION 111 CERTIFICATE OF OCCUPANCY c
[A] 111.2 [Certificate of Occupancy] Certificate issued. After the building official inspects the building c
c
or structure and does not find violations of the provisions of this code or other laws that are enforced by
the department of building safety, the building official shall issue a certificate of occupancy that contains
the following: [partial shown]
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built
lowest floor elevation has been provided and is retained in the records of the authority having
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jurisdiction
N
SECTION 117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance procedures
adopted in the local floodplain management ordinance shall apply to requests submitted to the building N
official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as
applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply
to Section 3109 of the Florida Building Code, Building.
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CHAPTER 2 DEFINITIONS
SECTION 202 DEFINITIONS
[A] ADDITION. An extension or increase in floor area, number of stories or height of a building or
structure.
[A] ALTERATION. Any construction or renovation to an existing structure other than repair or addition.
[BS] BASE FLOOD. The flood having a 1-percent chance of being equaled or exceeded in any given
year. c
[BS] BASE FLOOD ELEVATION. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD)or other datum
specified on the Flood Insurance Rate Map (FIRM).
U)
[BS] BASEMENT (for flood loads). The portion of a building having its floor subgrade (below ground
level)on all sides. This definition of"Basement" is limited in application to the provisions of Section 1612.
BASEMENT. A story that is not a story above grade plane (see"Story above grade plane"). This
definition of"Basement"does not apply to the provisions of Section 1612 for flood loads.
0
[BS] COASTAL A ZONE.Area within a special flood hazard area, landward of a V zone or landward of _
an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of N
flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the
base flood conditions, the potential for breaking wave height shall be greater than or equal to 1 Y2 feet
(457 mm). The inland limit of the coastal A zone is(a)the Limit of Moderate Wave Action if delineated on U
a FIRM, or(b)designated by the authority having jurisdiction.
[BS] COASTAL HIGH HAZARD AREA. Area within the special flood hazard area extending from
offshore to the inland limit of a primary dune along an open coast and any other area that is subject to Q
high-velocity wave action from storms or seismic sources, and shown on a Flood Insurance Rate Map
(FIRM)or other flood hazard map as velocity Zone V, VO, VE or V1-30.
i
[BS] DESIGN FLOOD. The flood associated with the greater of the following two areas:
c
1. Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.
2. Area designated as a flood hazard area on a community's flood hazard map, or otherwise legally
designated.
0
[BS] DESIGN FLOOD ELEVATION. The elevation of the"design flood,"including wave height, relative to _
the datum specified on the community's legally designated flood hazard map. In areas designated as i
Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's
perimeter plus the depth number(in feet)specified on the flood hazard map. In areas designated as Zone
AO where a depth number is not specified on the map, the depth number shall be taken as being equal to i
2 feet(610 mm).
[BS] DRY FLOODPROOFING. A combination of design modifications that results in a building or N
structure, including the attendant utilities and equipment and sanitary facilities, being water tight with walls
substantially impermeable to the passage of water and with structural components having the capacity to
resist loads as identified in ASCE 7.
N
EXISTING BUILDING.A building erected prior to the date of adoption of the appropriate code, or one for N
It-
which a legal building permit has been issued.
[BS] EXISTING STRUCTURE.A structure erected prior to the date of adoption of the appropriate code, E
or one for which a legal building permit has been issued.
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[BS] FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of
normally dry land from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
[BS] FLOOD DAMAGE-RESISTANT MATERIALS.Any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair.
0
[BS] FLOOD HAZARD AREA. The greater of the following two areas:
1. The area within a flood plain subject to a 1-percent or greater chance of flooding in any year.
2. The area designated as a flood hazard area on a community's flood hazard map, or otherwise U)
legally designated.
[BS] FLOOD INSURANCE RATE MAP (FIRM).An official map of a community on which the Federal
Emergency Management Agency(FEMA) has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
0
[BS] FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management _
Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map N
(FBFM), the water surface elevation of the base flood and supporting technical data.
[BS] FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
HISTORIC BUILDINGS. Buildings that are listed in or eligible for listing in the National Register of Historic N
Places, or designated as historic under an appropriate state or local law(see Chapter 12 of the Florida N
Existing Building Code). c
[BS] LIMIT OF MODERATE WAVE ACTION. Line shown on FIRMs to indicate the inland limit of the 1 Y2- Use
foot(457 mm) breaking wave height during the base flood.
LOCAL FLOODPLAIN MANAGEMENT ORDINANCE. An ordinance or regulation adopted pursuant to
the requirements in Title 44 Code of Federal Regulations, Parts 59 and 60 for participation in the National
Flood Insurance Program.
0
[BS] LOWEST FLOOR. The lowest floor of the lowest enclosed area, including basement, but excluding _
any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited i
storage provided that such enclosure is not built so as to render the structure in violation of Section 1612.
[BS] SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A,AE,Al-30, A99, AR, AO, AH, V, VO, VE, or U
V1-30.
[BS] START OF CONSTRUCTION. The date of issuance for new construction and substantial N
improvements to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The
actual start of construction means the first placement of permanent construction of a building (including a N
manufactured home)on a site, such as the pouring of a slab or footings, installation of pilings or It-
N
construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading
or filling), the installation of streets or walkways, excavation for a basement, footings, piers or
c�
foundations, the erection of temporary forms or the installation of accessory buildings such as garages or
sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the
actual "start of construction"means the first alteration of any wall, ceiling, floor or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
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[BS] SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
[BS] SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or
other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the improvement or repair is started. If the structure has sustained
substantial damage, any repairs are considered substantial improvement regardless of the actual repair
work performed. The term does not, however, include either:
0
1. Any project for improvement of a building required to correct existing health, sanitary or safety
code violations identified by the building official and that is the minimum necessary to assure safe
living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the structure's
continued designation as a historic structure.
CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY
0
SECTION 449 HOSPITALS _
N
449.4.2.2 Site standards.
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449.4.2.2.1 Except as permitted by Section 1612 of this code, the lowest floor of all new facilities shall be U
elevated to the base flood elevation as defined in Section 1612 of this code, plus 2 feet, or to the height of
hurricane Category 3(Saffir-Simpson scale)surge inundation elevation, as described by the Sea, Lake,
and Overland Surge (SLOSH)from Hurricanes model developed by the Federal Emergency Management N
Agency(FEMA), United States Army Corps of Engineers(USACE), and the National Weather Service N
(NWS), whichever is higher. 0
449.4.2.2.2 For all existing facilities, the lowest floor elevations of all additions, and all patient support
areas including food service, and all patient support utilities, including mechanical, and electrical (except g
fuel storage as noted in Section 449.4.2.9.3 of this code)for the additions shall be at or above the T
elevation of the existing building, if the existing building was designed and constructed to comply with c
either the site standards of Section 449.4 of this code or local flood-resistant requirements, in effect at the
time of construction, whichever requires the higher elevation, unless otherwise permitted by Section 1612 0
of this code. If the existing building was constructed prior to the adoption of either the site standards of
Section 449.4 of this code or local flood-resistant requirements, then the addition and all patient support
areas and utilities for the addition as described in this section shall either be designed and constructed to
meet the requirements of Section 449.4.2.2.1 of this code or be designed and constructed to meet the dry
flood proofing requirements of Section 1612 of this code. U�
449.4.2.2.3 Substantial improvement, as defined by Section 1612 of this code, to all existing facilities N
located within flood areas as defined in Section 1612 of this code or within a Category 3 surge inundation
zone as described in Section 449.4.2.2.1 of this code, shall be designed and constructed in compliance
with Section 1612 of this code.
N
449.4.2.2.4 Where an off-site public access route is available to the new facility at or above the base flood `-
elevation, a minimum of one on-site emergency access route shall be provided that is located at the same
elevation as the public access route.
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SECTION 450 NURSING HOMES
450.4 Physical plant requirements for disaster preparedness of new nursing home construction.
450.4.2.2 Site standards
450.4.2.2.1 Except as permitted by Section 1612 of this code, the lowest floor of all new facilities shall be
elevated to the base flood elevation as defined in Section 1612 of this code, plus 2 feet(607 mm), or to
the height of hurricane Category 3(Saffir-Simpson scale)surge inundation elevation, as described by the c
Sea, Lake, and Overland Surge (SLOSH)from Hurricanes model developed by the Federal Emergency
Management Agency(FEMA), United States Army Corps of Engineers(USACE), and the National
Weather Service(NWS), whichever is higher.
U)
450.4.2.2.2 For all existing facilities, the lowest floor elevations of all additions, and all resident support
areas including food service, and all resident support utilities, including mechanical, and electrical (except
fuel storage as noted in Section 450.4.2.9.3 of this code)for the additions shall be at or above the
elevation of the existing building, if the existing building was designed and constructed to comply with
either the site standards of Section 450.4 of this code or local flood-resistant requirements in effect at the c
time of construction, whichever requires the higher elevation, unless otherwise permitted by Section 1612 c
of this code. If the existing building was constructed prior to the adoption of either the site standards of N
Section 450.4 of this code or local flood-resistant requirements, then the addition and all resident support N
areas and utilities for the addition as described in this section shall either be designed and constructed to
meet the requirements of Section 450.4.2.2.1 of this code or be designed and constructed to meet the dry U
flood proofing requirements of Section 1612 of this code.
450.4.2.2.3 Substantial improvement, as defined by Section 1612 of this code, to all existing facilities N
located within flood areas as defined in Section 1612 of this code or within a Category 3 surge inundation N
zone as described in Section 450.4.2.2.1 of this code, shall be designed and constructed in compliance 0
with Section 1612 of this code. Zi
U)
a
450.4.2.2.4 Where an off-site public access route is available to the new facility at or above the base flood g
elevation, a minimum of one on-site emergency access route shall be provided that is located at the same °A
elevation as the public access route. 0
SECTION 453 EDUCATIONAL FACILITIES c
c
453.4.2 Flood-resistant construction. Educational facilities in flood hazard areas shall comply with
ASCE 24.
453.10.9 School site master plan. New schools shall include, as applicable:facility design capacity;
t3
floodplain locations; covered accessible walks; infrastructure locations for, and extensions of, technology,
telephone, electricity, fire alarm; and, where applicable, water and sewer utilities, and relocatables. N
453.25.2.1 Emergency access. EHPAs shall have at least one route for emergency vehicle access. The
emergency route shall be above the 100-year floodplain. This requirement may be waived by the board,
with concurrence of the local emergency management agency or the DEM. N
N
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453.27.5 Site standards/site plan. Relocatables placed on educational plant sites shall comply with
federal and state laws and rules relating to the placement of structures on sites, as well as building code,
fire code site requirements.
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453.27.5.1 Floodplain. Compliance with floodplain standards is required for the initial and
subsequent installation of public educational relocatable units. The finished floor shall be 12
inches(305 mm)above base flood elevation, the structure shall be designed to meet the Florida
Building Code and anchored to resist buoyant forces.
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SECTION 454 SWIMMING POOLS AND BATHING PLACES (PUBLIC AND PRIVATE)
454.1 Public swimming pools and bathing places. Public swimming pools and bathing places shall
comply with the design and construction standards of this section.
Exceptions:
1. A portable pool used exclusively for providing swimming lessons or related instruction in support
of an established educational program sponsored or provided by a school district may not be
regulated as a public pool. Such pool shall be regulated as a private swimming pool under
Section 454.2. c
2. A temporary pool may not be regulated as a public pool. Such pool shall be regulated as a private
swimming pool under Section 454.2.
454.1.1 Flood hazard areas. Public swimming pools installed in flood hazard areas established in U)
Section 612.3 shall comply with Section 1612.
454.2.4.2 Items not covered. For any items not specifically covered in these requirements, the
administrative authority is hereby authorized to require that all equipment, materials, methods of
construction and design features shall be proven to function adequately, effectively and without excessive c
maintenance and operational difficulties. c
N
454.2.4.2.1 Flood hazard areas. Private swimming pools installed in flood hazard areas established in N
Section 1612.3 shall comply with Section 1612.
U
CHAPTER 8 INTERIOR FINISHES
801.5 [General]Applicability. For buildings in flood hazard areas as established in Section 1612.3, N
interior finishes, trim and decorative materials below the elevation required by Section 1612 shall be N
flood-damage-resistant-materials. 0
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CHAPTER 12 INTERIOR ENVIRONMENT
c
1203.4 [Ventilation] Under-floor ventilation. T
1203.4.2 Exceptions. The following are exceptions to Sections 1203.4 and 1203.4.1: c
LM
5. For buildings in flood hazard areas as established in Section 1612.3, the openings for under-
floor ventilation shall be deemed as meeting the flood opening requirements of ASCE 24 provided c
c
that the ventilation openings are designed and installed in accordance with ASCE 24.
i
CHAPTER 14 EXTERIOR WALLS
[BS] 1403.6 [Performance Requirements] Flood resistance. For buildings in flood hazard areas as
t3
established in Section 1612.3, exterior walls extending below the elevation required by Section 1612 shall
be constructed with flood-damage-resistant materials. N
[BS] 1403.7 [Performance Requirements] Flood resistance for coastal high-hazard areas and
coastal A zones. For buildings in coastal high-hazard areas and coastal A zones as established in
Section 1612.3, electrical, mechanical and plumbing system components shall not be mounted on or N
penetrate through exterior walls that are designed to break away under flood loads.
CHAPTER 16 STRUCTURAL DESIGN
1601.1 [General] Scope. The provisions of this chapter shall govern the structural design of buildings,
structures and portions thereof regulated by this code.
Exception: Buildings and structures located within the high-velocity hurricane zone shall comply with
the provisions of Sections 1605, 1607, 1611, 1616 through 1626, and, as applicable in flood hazard
areas, Section 1612.
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SECTION 1602 DEFINITIONS AND NOTATIONS
NOTATIONS.
Fa= Flood load in accordance with Chapter 5 of ASCE 7.
SECTION 1603 CONSTRUCTION DOCUMENTS
1603.1.7 Flood design data. For buildings located in whole or in part in flood hazard areas as
established in Section 1612.3, the documentation pertaining to design, if required in Section 1612.5, shall c
be included and the following information, referenced to the datum on the community's Flood Insurance
Rate Map (FIRM), shall be shown, regardless of whether flood loads govern the design of the building:
1. Flood design class assigned according to ASCE 24.
2. In flood hazard areas other than coastal high hazard areas or coastal A zones, the elevation of the U)
proposed lowest floor, including the basement.
3. In flood hazard areas other than coastal high hazard areas or coastal A zones, the elevation to
which any nonresidential building will be dry floodproofed.
4. In coastal high hazard areas and coastal A zones, the proposed elevation of the bottom of the CL
lowest horizontal structural member of the lowest floor, including the basement. c
c
SECTION 1605 LOAD COMBINATIONS cv
cN
1605.2.1 [Load combinations using strength design or load and resistance factor design] Other
loads.Where flood loads, Fa, are to be considered in the design, the load combinations of Section 2.3.2 U
of ASCE 7 shall be used.Where self-straining loads, T, are considered in design, their structural effects in
combination with other loads shall be determined in accordance with Section 2.3.4 of ASCE 7.Where an
ice-sensitive structure is subjected to loads due to atmospheric icing, the load combinations of Section N
2.3.3 of ASCE 7 shall be considered. cN
0
1605.3.1.2 [Load combinations using allowable stress design] Other loads.Where flood loads, Fa, Zi
are to be considered in design, the load combinations of Section 2.4.2 of ASCE 7 shall be used. Where
self-straining loads, T, are considered in design, their structural effects in combination with other loads
shall be determined in accordance with Section 2.4.4 of ASCE 7.Where an ice-sensitive structure is T
subjected to loads due to atmospheric icing, the load combinations of Section 2.4.3 of ASCE 7 shall be 0
considered.
0
c
1605.3.2.1 [Alternative basic load combinations] Other loads.Where F, H or Tare to be considered in
the design, each applicable load shall be added to the combinations specified in Section 1605.3.2.Where
self-straining loads, T, are considered in design, their structural effects in combination with other loads
shall be determined in accordance with Section 2.4.4 of ASCE 7.
i
U
SECTION 1612 FLOOD LOADS
N
1612.1 General.Within flood hazard areas as established in Section 1612.3, all new construction of
buildings, structures and portions of buildings and structures, including substantial improvement and
restoration of substantial damage to buildings and structures, shall be designed and constructed to resist
the effects of flood hazards and flood loads. For buildings that are located in more than one flood hazard N
area, the provisions associated with the most restrictive flood hazard area shall apply. `-
1612.1.1 Cross references. See Table 1612.1.
c�
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STRUCTURAL DESIGN
TABLE 1612.1
CROSS REFERENCES DEFINING FLOOD-RESISTANT PROVISIONS OF THE FLORIDA BUILDING CODE
Florida Building Code—Building
Section Section
Chapter 1 Administration Chapter 14 Exterior Walls _
102 Applicability 1403 Performance Requirements
105 Permits 0
107 Construction Documents Chapter 16 Structural Design
110 Inspections 1601 General UJI
111 Certificates of Occupancy and Completion 1603 Construction Documents
a
117 Variances in Flood Hazard Areas 1605 Load Combinations t)
1612 Flood Loads
Chapter 2 Definitions
202 Definitions Chapter 18 Soils and Foundations
1804 Excavation,Grading and Fill
Chapter 4 Special Detailed Requirements Based on Use and 1805 Dampproofing and Waterproofing 0
Occupancy
449 Hospitals
450 Nursing Homes Chapter 27 Electrical N
453 Educational Facilities 2702 Emergency and Standby Power Systems
454 Swimming Pools and Bathing Places
(Public And Private)
U
Chapter 30 Elevators and Conveying Systems
Chapter 8 Interior Finishes 3001 General
801 General
Chapter 31 Special Construction Q
Chapter 12 Interior Environment 3102 Membrane Structures >
1203 Ventilation 3109 Coastal Construction Control Line 0
t81
Florida Building Code—Residential 9=
Section Section 0
U)
Chapter 2 Definitions Chapter 20 Boilers and Water Heaters °>
202 Definitions M2001 Boilers CL
Chapter 3 Building Planning Chapter 22 Special Piping and Storage Systems 0
R301 Design Criteria M2201 Oil Tanks
R309 Garages and Carports �3I
R322 Flood-Resistant Construction Chapter 24 Fuel Gas UJI
G2404(301) General
Chapter 4 Foundations U
R401 General Chapter 26 General Plumbing Requirements
R404 Foundation and Retaining Walls P2601 General 1_
R408 Under FloorSpace
Chapter 27 Plumbing Fixtures
Chapter 13 General Mechanical System Requirements P2705 Installation
X
M1301 General UJI
Chapter 30 Sanitary Drainage N
Chapter 14 Heating and Cooling Equipment P3001 General
M1401 General
Chapter 31 Vents
E
Chapter 16 Duct Systems P3101 Vent Systems
U
M1601 Duct Construction
a.+
(contiruced)
FLORIDA BUILDING CODE—BUILDING,7th EDITION(2020) 511
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STRUCTURAL DESIGN
TABLE 1612.1—continued
CROSS REFERENCES DEFINING FLOOD-RESISTANT PROVISIONS OF THE FLORIDA BUILDING CODE
Florida Building Code—Residential
Section Section
Chapter 17 Combustion Air Chapter 45 Private Swimming Pools qp
M1701 General R4501 General 'a
0
Florida Building Code—Existing Building
Section Section
Chapter 2 Definitions Chapter 7 Alterations—Level I a
202 Definitions 701 General f)
L59
Chapter 3 Compliance Methods Chapter 11 Additions 9=
301.1 General 1103 Structural .@
CL
Chapter 4 Repairs Chapter 12 Historic Buildings 0
' 401 General 1201 General 0
u_
406 Structural N
Chapter 13 Relocated or Moved Buildings CN
Chapter 5 Prescriptive Compliance Method 1302 Requirements
502 Additions
L)
' 503 Alterations Chapter 14 Performance Compliance Methods
1401 General
Florida Building Code—Mechanical N
Section Section N
Chapter 3 General Regulations Chapter 6 Duct Systems 0
M301 General M602 Plenums
U)
M603 Duct Construction and Installation 9=
Chapter 4 Ventilation .
M401 General Chapter 12 Hydronic Piping .5
M1206 Piping Installation 0
CL
Chapter 5 Exhaust Systems
M501 General Chapter 13 Fuel Oil Piping and Storage 0
0
M1305 Fuel Oil System Installation
Florida Building Code—Plumbing
Section
Chapter 3 General Regulations
P309 Flood Hazard Resistance L)
Florida Building Code—Fuel Gas N
Section
Chapter 3 General Regulations
FG301 General X
W
N
N
T_
E
U
512 FLORIDA BUILDING CODE—BUILDING,7th EDITION(2020)
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1612.2 Definitions. The following terms are defined in Chapter 2:
BASE FLOOD.
BASE FLOOD ELEVATION.
BASEMENT.
COASTAL A ZONE.
COASTAL HIGH HAZARD AREA.
DESIGN FLOOD.
DESIGN FLOOD ELEVATION. c
DRY FLOODPROOFING.
EXISTING STRUCTURE.
FLOOD or FLOODING.
FLOOD DAMAGE-RESISTANT MATERIALS. U)
FLOOD HAZARD AREA.
FLOOD INSURANCE RATE MAP (FIRM).
FLOOD INSURANCE STUDY.
F LOO DWAY.
LOWEST FLOOR. c
SPECIAL FLOOD HAZARD AREA. c
START OF CONSTRUCTION. cv
SUBSTANTIAL DAMAGE. CN
SUBSTANTIAL IMPROVEMENT.
U
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing
authority shall, by local floodplain management ordinance, adopt a flood hazard map and supporting data.
The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the N
Federal Emergency Management Agency. N
0
1612.3.1 Design flood elevations.Where design flood elevations are not included in the flood Zi
hazard areas established in Section 1612.3, or where floodways are not designated, the building
official is authorized to require the applicant to:
1. Obtain and reasonably utilize any design flood elevation and floodway data available from a
federal, state, or other source; or 0
2. Determine the design flood elevation and/or floodway in accordance with accepted hydrologic
and hydraulic engineering practices used to define special flood hazard areas. 0
Determinations shall be undertaken by a registered design professional who shall document
that the technical methods used reflect currently accepted engineering practice.
1612.3.2 Determination of impacts. In riverine flood hazard areas where design flood elevations
are specified but floodways have not been designated, the applicant shall provide a floodway U�
analysis that demonstrates that the proposed work will not increase the design flood elevation more
than 1 foot(305 mm)at any point within the jurisdiction of the applicable governing authority. cN
1612.4 Design and construction. The design and construction of buildings and structures located in
flood hazard areas, including coastal high hazard areas and Coastal A Zones, shall be in accordance with
Chapter 5 of ASCE 7 and with ASCE 24. N
T_
1612.4.1 Modification of ASCE 24. Table 6-1 and Section 6.2.1 in ASCE 24 shall be modified as
follows:
1. The title of Table 6.1 shall be"Minimum Elevation of Floodproofing, Relative to Base Flood
Elevation (BFE)or Design Flood Elevation (DFE), in Coastal A Zones and in Other Flood Hazard
Areas that are not High Risk Flood Hazard Areas."
2. Section 6.2.1 shall be modified to permit dry floodproofing in Coastal A Zones, as follows: "Dry
floodproofing of nonresidential structures and nonresidential areas of mixed-use structures shall
not be allowed unless such structures are located outside of High Risk Flood Hazard areas and
Coastal High Hazard Areas. Dry floodproofing shall be permitted in Coastal A Zones provided wave
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loads and the potential for erosion and local scour are accounted for in the design. Dry
floodproofing of residential structures or residential areas of mixed-use structures shall not be
permitted."
1612.4.2 Modification of ASCE 24 9.6 Pools. Modify Section 9.6 of ASCE 24 by adding an exception as
follows:
9.6 Pools. In-ground and above ground pools shall be designed to withstand all flood-related loads
and load combinations. Mechanical equipment for pools such as pumps, heating systems, and filtering
systems, and their associated electrical systems shall comply with Chapter 7. c
Exception: Equipment for pools, spas and water features shall be permitted below the elevation
required in Table 7-1 provided it is elevated to the extent practical, is anchored to prevent flotation
and resist flood forces and is supplied by branch circuits that have ground-fault circuit interrupter
protection.
1612.5 Flood hazard documentation. The following documentation shall be prepared and sealed by a
registered design professional and submitted to the building official: S
1. For construction in flood hazard areas other than coastal high hazard areas or coastal A zones: CL
1.1. The elevation of the lowest floor, including the basement, as required by the lowest floor c
elevation inspection in Section 110.3, Building, 1.1 and for the final inspection in Section 110.3, c
Building, 5.1. N
1.2. For fully enclosed areas below the design flood elevation where provisions to allow for the N
automatic entry and exit of floodwaters do not meet the minimum requirements in Section
2.7.2.1 of ASCE 24, construction documents shall include a statement that the design will U
provide for equalization of hydrostatic flood forces in accordance with Section 2.7.2.2 of ASCE
24.
1.3 For dry floodproofed nonresidential buildings, construction documents shall include a N
statement that the dry floodproofing is designed in accordance with ASCE 24. N
2. For construction in coastal high hazard areas and coastal A zones: 0
2.1. The elevation of the bottom of the lowest horizontal structural member as required by the Zi
lowest floor elevation inspection in Section 110.3, Building, 1.1 and for the final inspection in
Section 110.3, Building, 5.1. g
2.2. Construction documents shall include a statement that the building is designed in ,A
accordance with ASCE 24, including that the pile or column foundation and building or structure 0
to be attached thereto is designed to be anchored to resist flotation, collapse and lateral
movement due to the effects of wind and flood loads acting simultaneously on all building 0
components, and other load requirements of Chapter 16.
2.3. For breakaway walls designed to have a resistance of more than 20 psf(0.96 kN/m2)
determined using allowable stress design, construction documents shall include a statement
that the breakaway wall is designed in accordance with ASCE 24.
i
U
CHAPTER 18 SOILS AND FOUNDATIONS
N
1801.1 [General] Scope. The provisions of this chapter shall apply to building and foundation systems.
1804.4 [Excavation, Grading and Fill] Site grading.The ground immediately adjacent to the foundation
shall be sloped away from the building at a slope of not less than one unit vertical in 20 units horizontal N
(5-percent slope)for a minimum distance of 10 feet(3048 mm)measured perpendicular to the face of the
It-
wall. If physical obstructions or lot lines prohibit 10 feet(3048 mm) of horizontal distance, a 5-percent
slope shall be provided to an approved alternative method of diverting water away from the foundation.
Swales used for this purpose shall be sloped a minimum of 2 percent where located within 10 feet(3048
mm)of the building foundation. Impervious surfaces within 10 feet(3048 mm)of the building foundation
shall be sloped a minimum of 2 percent away from the building, except as otherwise permitted in Section
1010.1.5, 1012.3 or 1012.6.1.
Exception:Where climatic or soil conditions warrant, the slope of the ground away from the
building foundation shall be permitted to be reduced to not less than one unit vertical in 48 units
horizontal (2-percent slope).
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The procedure used to establish the final ground level adjacent to the foundation shall account for
additional settlement of the backfill.
1804.5 [Excavation, Grading and Fill] Grading and fill in flood hazard areas. In flood hazard areas
established in Section 1612.3, grading, fill, or both, shall not be approved:
1. Unless such fill is placed, compacted and sloped to minimize shifting, slumping and erosion
during the rise and fall of flood water and, as applicable, wave action.
2. In floodways, unless it has been demonstrated through hydrologic and hydraulic analyses c
performed by a registered design professional in accordance with standard engineering practice
that the proposed grading or fill, or both, will not result in any increase in flood levels during the
occurrence of the design flood.
3. In coastal high hazard areas, unless such fill is conducted and/or placed to avoid diversion of U)
water and waves toward any building or structure.
4. Where design flood elevations are specified but floodways have not been designated, unless it
has been demonstrated that the cumulative effect of the proposed flood hazard area
encroachment, when combined with all other existing and anticipated flood hazard area CL
encroachment, will not increase the design flood elevation more than 1 foot(305 mm)at any c
point. c
N
1805.1.2.1 [Dampproofing and Waterproofing; Under-floor space] Flood hazard areas. For buildings N
T_
and structures in flood hazard areas as established in Section 1612.3, the finished ground level of an
under-floor space such as a crawl space shall be equal to or higher than the outside finished ground level L)
on at least one side. a
Exception: Under-floor spaces of Group R-3 buildings that meet the requirements of FEMA TB 11.
N
CHAPTER 27 ELECTRICAL N
0
[F] 2702.1.8 [Emergency and Standby Power Systems; Installation] Group 1-2 Occupancies. In Zi
Group 1-2 occupancies located in flood hazard areas established in Section 1612.3, where new essential
electrical systems generators are installed, and where new essential electrical system generators are
installed, the systems and generators shall be located and installed in accordance with ASCE 24.Where T
connections for hookup of temporary generators are provided, the connections shall be located at or 0
above the elevation required in ASCE 24.
0
c
CHAPTER 30 ELEVATORS AND CONVEYING SYSTEMS
3001.2 [General] Referenced standards. Except as otherwise provided for in this code, the design,
construction, installation, alteration, repair and maintenance of elevators and conveying systems and their
t3
components shall conform to the applicable standard specified in Table 3001.2 and ASCE 24 for
construction in flood hazard areas established in Section 1612.3. The Division of Hotels and Restaurants N
may grant variances and waivers to the Elevator Safety Code as authorized by the Safety Code for
Elevators and Escalators(ASME Al7.1, Section 1.2)and Florida Statutes(Chapter 120 and Chapter
399.)
CN
CHAPTER 31 SPECIAL CONSTRUCTIONCN
3102.7 [Membrane Structures] Engineering design.The structure shall be designed and constructed
to sustain dead loads; loads due to tension or inflation; live loads including wind, snow or flood and
seismic loads and in accordance with Chapter 16.
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SECTION 3109 STRUCTURES SEAWARD OF A COASTAL CONSTRUCTION CONTROL LINE
This section revised and reorganized in the 6t'Edition to more closely align with Section 1612.
3109.1 General. The provisions of this section shall apply to the design and construction of habitable
structures, and substantial improvement or repair of substantial damage of such structures, that are
entirely seaward of, and portions of such structures that extend seaward of, the coastal construction
control line or seaward of the 50-foot setback line, whichever is applicable. This section does not apply to
structures that are not habitable structures, as defined in this section. Section 1612 shall apply to c
habitable structures and structures that are not habitable structures if located in whole or in part in special
flood hazard areas established in Section 1612.3.
3109.1.1 Modification, maintenance or repair of existing habitable structures. The requirements U)
of Section 3109 do not apply to the modification, maintenance or repair of existing habitable
structures, provided all of the following apply to the modification, maintenance, or repair:
1. Is within the limits of the existing foundation. S
2. Does not require, involve or include any additions to, or repair or modification of, the existing CL
foundation. c
3. Does not include any additions or enclosures added, constructed, or installed below the lowest c
floor or deck. N
Advisory Note. If the modification or repair is determined to be substantial improvement or N
substantial damage, and if the building is located in a special flood hazard area (Zone A and Zone V)
established in Section 1612.3, the requirements of Florida Building Code, Existing Building U
applicable to flood hazard areas shall apply.
3109.1.2 Approval prior to construction.An environmental permit from the Florida Department of N
Environmental Protection is required prior to the start of construction.When issued, a copy of the N
environmental permit shall be submitted to the building official. The environmental permit may 0
impose special siting considerations to protect the beach-dune system, proposed or existing Zi
structures, and public beach access, and may condition the nature, timing and sequence of
construction of permitted activities to provide protection to nesting sea turtles and hatchlings and
their habitat, including submittal and approval of lighting plans.
0
3109.1.3 Elevation certification. As part of the permit process, upon placement of the lowest
horizontal structural member of the lowest floor and prior to further vertical construction, certification c
c
of the elevation of the bottom of the lowest horizontal structural member of the lowest floor shall be
submitted to the building official.Any work undertaken prior to submission of the certification or
subsequent to submission and prior to the building official's review shall be at the applicant's risk.
3109.2 Definitions. The following words and terms shall, for the purposes of this section, have the
t3
indicated meanings shown herein.
N
ALLOWED USE. For the purpose of Section 3109.3.4, use of enclosures above, or with dry floodproofing
to, the elevation specified in ASCE 24 and below the 100-year storm elevation, includes, but is not limited
to use for parking of vehicles, storage, building access, small mechanical and electrical rooms, retail
shops, commercial pool bars and other bars, snack bars, commercial grills with portable cooking N
equipment, commercial dining areas where the permanent kitchen is located landward of the coastal `-
construction control line or above the 100-year storm elevation, toilet rooms and bathrooms, cabanas,
recreational spaces such as gyms and card rooms, commercial service/storage/back-of-house facilities;
and uses of a similar nature that are not spaces for living, sleeping or cooking.
c�
COASTAL A ZONE. See Section 202.
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COASTAL CONSTRUCTION CONTROL LINE. The line established by the State of Florida pursuant to
Section 161.053, Florida Statutes, and recorded in the official records of the respective county and which
defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm
surge, storm waves or other predictable weather conditions.
COASTAL HIGH HAZARD AREA. See Section 202.
COMBINED TOTAL STORM TIDE ELEVATION (VALUE). The elevation of combined total tides
including storm surges, astronomical tide and dynamic wave setup which occurs primarily inside the wave c
breaking zone. The combined total storm tide elevations(values)for various return periods are
determined by the Florida Department of Environmental Protection for each coastal county with an
established coastal construction control lines and published in reports for each county titled "Revised
Combined Total Storm Tide Frequency Analysis." U)
DESIGN GRADE. The predicted eroded grade, accounting for erosion and localized scour resulting from
the presence of structural components, used in the calculation of flood loads, pile reactions and bearing
capacities. The design grade shall be determined by a site-specific analysis prepared by a qualified CL
registered design professional or the design grade may be determined by the Florida Department of c
Environmental Protection in the report titled"One-Hundred-Year Storm Elevation Requirements for _
Habitable Structures Located Seaward of a Coastal Construction Control Line" (1999). N
N
DRY FLOODPROOFING. See Section 202.
c�
U
FIFTY-FOOT SETBACK LINE. A line of jurisdiction, established pursuant to the provisions of Section
161.052, Florida Statutes, in which construction is prohibited within 50 feet (15.13 m)of the line of mean
high water at any riparian coastal location fronting the Gulf of Mexico or the Atlantic coast shoreline. N
N
FLOOD HAZARD AREA. See Section 202. >
0
HABITABLE STRUCTURE. Structures designed primarily for human occupancy. Typically included
within this category are residences, hotels and restaurants. g
LOW-RISE BUILDING.A structure with mean roof height less than or equal to 60 feet. c
LOWEST FLOOR. For the purpose of Section 3109, the lowest floor of the lowest enclosed area, c
c
excluding any enclosure that complies with the requirements and limitations of Section 3109.3.4
applicable to enclosures below the flood elevation.
LOWEST HORIZONTAL STRUCTURAL MEMBER. A horizontal structural member that supports floor,
wall or column loads and transmits the loads to the foundation.
t3
100-YEAR STORM ELEVATION. The height of the breaking wave crest or wave approach as N
superimposed on the storm surge with dynamic wave setup of a 100-year(one-percent-annual chance)
storm.The 100-year storm elevation is determined by the Florida Department of Environmental Protection
based on studies published as part of the Coastal Construction Control Line establishment process and
an analysis of topographic and other site specific data and found in the report"One-Hundred-Year Storm N
Elevation Requirements for Habitable Structures Located Seaward of a Coastal Construction Control `-
Line" (1999).An applicant may request the Department of Environmental Protection to determine a site-
specific 100-year storm elevation for the location of the applicant's proposed structure as part of the
environmental permit application process.
c�
SPECIAL FLOOD HAZARD AREA. See Section 202.
SUBSTANTIAL DAMAGE. See Section 202.
SUBSTANTIAL IMPROVEMENT. See Section 202.
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3109.3 Design and construction. The design and construction of habitable structures, including
substantial improvement and repair of substantial damage to such structures, shall be in accordance with
this section and with Section 1612 and ASCE 24, as applicable. Habitable structures subject to this
section shall be designed to minimize the potential for wind and water-borne debris during storms.
Exception: Additions, repairs, and alterations that, when combined with all other work on a
structure, do not constitute substantial improvement or repair of substantial damage, and
provided all of the following apply:
a. The work does not violate the terms of previously issued permits. c
b. Any addition does not advance the seaward limits of the existing structure.
3109.3.1 Flood loads. Flood loads shall be determined according to Chapter 5 of ASCE 7, where
the stillwater depth shall be the difference between the design grade at the location and the higher U)
of: c'
1. The stillwater elevation specified in the applicable Flood Insurance Study referenced to the
datum on the Flood Insurance Rate Map, if the structure is also in a coastal high hazard area
(Zone V); or CL
2. The combined total storm tide elevation (value)for the 100-year return period identified by the c
Florida Department of Environmental Protection in reports titled "Revised Combined Total Storm _
Tide Frequency Analysis" prepared for each county with an established coastal construction N
control lines. N
3109.3.2 Foundations. Habitable structures shall be elevated and supported on piles or columns c�
PP
that are designed to comply with this section. The space below elevated habitable structures shall be
free of obstructions and walls, if any, shall comply with Section 3109.3.4. Foundations shall be
designed to comply with ASCE 24 Section 4.5, except shallow foundations and stemwalls are not N
permitted. N
0
3109.3.2.1 Piles and columns. In addition to the requirements of ASCE 24 Section 4.5 for pile and Zi
columns foundations: U)
1. The design ratio or pile spacing to pile diameter, or column spacing to column diameter, shall
be not less than 8:1 for individual piles or columns extending above the design grade, unless ,A
justified by a geotechnical analysis and the foundation design. 0
2. The tops of grade beams and pile caps shall be at or below the natural grade and below the
design grade unless designed to resist increased flood loads associated with setting the grade 0
beam or pile cap above the design grade.
3. Pile penetration shall take into consideration the anticipated loss of soil above the design
grade.
3109.3.2.2 Shear walls. Shear walls shall comply with one of the following:
t3
1. Shear walls are permitted perpendicular to the shoreline where perpendicular shall mean less
than or equal to±20 degrees from a line drawn normal to the shoreline. N
2. Shear walls not perpendicular to the shoreline shall be limited to a maximum of 20 percent of
the building length in the direction running parallel to the shore, and wall segments, spacing
between wall segments, and elevator shafts shall be located and positioned to allow floodwater
to flow easily around the walls and elevator shafts. N
Exception: Habitable structures other than low-rise buildings are permitted to have shear walls
IV-
that are not perpendicular to the shoreline and that exceed 20 percent of the total building
length provided the design requires a length greater than 20 percent, wall segments, spacing
between wall segments, and elevator shafts are located and positioned to allow floodwater to
flow easily around the walls and elevator shafts, and the following design documentation is
submitted:
a. A hydraulic analysis conducted and certified by a Florida-registered professional engineer
qualified to evaluate the potential impact of flow increase on the subject parcel and adjacent
properties and demonstrates the increased shear wall length will not result in substantial
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increase of flow velocities and drag forces on the structural components of the proposed
structure and neighboring structures.
b. The certified design documentation shall include a statement that the increased length of
shear walls over 20 percent of total building length is located landward of the predicted 100-
year storm erosion limit.
3109.3.3 Elevation standards. The bottom of the lowest horizontal structural member of the lowest
floor shall be at or above the higher of the following:
1. The elevation specified in ASCE 24 Chapter 4 if the structure is in a coastal high hazard area c
or Coastal A Zone;
2. The elevation specified by the jurisdiction; or
3. The 100-year storm elevation determined by the Florida Department of Environmental
Protection in the report titled"One-Hundred-Year Storm Elevation Requirements for Habitable U)
Structures Located Seaward of a Coastal Construction Control Line" (1999).An applicant may
request determination of a site-specific 100-year storm elevation (see definition).
3109.3.4 Walls and enclosures below the flood elevation.Walls and enclosures below the CL
elevation required by Section 3109.3.3 and above the design grade elevation shall comply with all of c
the following, as applicable: c
1.Walls seaward of the CCCL shall comply with the breakaway wall requirements of ASCE 24 N
Section 4.6 using the lesser of the flood loads specified by Section 3109.3.1. N
2. Elevator shafts and stairways shall comply with ASCE 24.
3. For nonresidential buildings located outside of a coastal high hazard area (Zone V): a. Small U
mechanical and electrical rooms with dry floodproofing to the elevation specified in ASCE 24 or
by the jurisdiction are not required to be breakaway. b. Stairwells are not required to be
breakaway provided the walls have flood openings in accordance with this section. N
4. In special flood hazard areas(Zone V and Zone A), all breakaway walls below the elevation N
specified in ASCE 24 or the elevation specified by the jurisdiction shall have flood openings in 0
accordance with ASCE 24 Section 4.6.2. Flood openings are not required in: a. Shear walls Zi
designed in accordance with Section 3109.3.2.2. b.Walls of enclosures below buildings not
located in special flood hazard areas(Zone X). c.Walls that are designed and constructed in
conformance with the dry floodproofing requirements of ASCE 24 in areas other than coastal T
high hazard areas. c
5. In special flood hazard areas(Zone V and Zone A): a. Enclosures below the elevation
specified in ASCE 24 or the elevation specified by the jurisdiction shall be used solely for c
c
parking of vehicles, building access, or storage unless enclosures are designed and constructed
in accordance with the dry floodproofing requirements of ASCE 24. b. Enclosures above the
elevation specified in ASCE 24 or by the jurisdiction and below the 100-year storm elevation, or
enclosures with dry floodproofing to the elevation specified in ASCE 24 or by the jurisdiction,
shall be limited to allowed use as defined in this section.
t3
6. In habitable structures not located in special flood hazard areas(Zone X), uses of enclosures
below the 100-year storm elevation shall be limited to allowed use as defined in this section. c_
3109.3.5 Structural slabs below the 100-year storm elevation. Structural slabs below the 100-
year storm elevation and below the lowest floor are not required to be breakaway provided the slabs
are designed by a qualified Florida-registered professional engineer to withstand the flood loads N
specified by Section 3109.3.1.
3109.4 Documentation. In addition to documentation specified in Section 1612.5, where applicable the
following documentation shall be prepared, signed, and sealed by a qualified Florida-registered
professional engineer and submitted to the building official:
1. For site-specific determination of design grade, a report of the assumptions and methods used.
2. For shear walls, the certifications required in Section 3109.3.2.
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CHAPTER 35 REFERENCED STANDARDS
Standard Referenced
Reference in Code
Number Title Section Number
ASCE/SEI 24-14 Flood Resistant Design and Construction 453.4.2, 1203.4.2, 1612.4,
1612.4.1, 1612.5, 2702.1.7,
3001.2, 3109.3, 3109.3.2.1, c
3109.3.4
FEMA-TB-11-01 Crawlspace Construction for Buildings 1805.1.2.1
Located in Special Flood Hazard Areas U)
0
c
N
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7th Edition Florida Building Code, Residential (2020)
CHAPTER 1 SCOPE AND ADMINISTRATION
SECTION R101 GENERAL
R101.2 Scope. The provisions of the Florida Building Code, Residential, shall apply to the construction,
alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location,
removal and demolition of detached one—and two—family dwellings and townhouses not more than three
stories above grade plane in height with a separate means of egress and their accessory structures not c
more than three stories above grade plane in height.
Exceptions:
3. Existing buildings undergoing repair, alteration, additions, or change of occupancy shall comply U)
with the Florida Building Code, Existing Building.
R101.2.1 The provisions of Chapter 1, Florida Building Code, Building, shall govern the administration
and enforcement of the Florida Building Code, Residential.
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CHAPTER 2 DEFINITIONS c
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RB HABITABLE SPACE. A space in a building for living, sleeping, eatin or cooking. Bathrooms, toilet `�
I ] P 9 9� 9 9�
rooms, closets, halls, screen enclosures, sunroom categories as defined at Section R301.2.1.1.1, storage
or utility spaces and similar areas are not considered habitable spaces. [Note:this definition shown to U
clarify that some spaces that are not habitable spaces are not permitted below elevated buildings in
SFHAs.]
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[RB] LIVE LOADS. Those loads produced by the use and occupancy of the building or other structure N
and do not include construction or environmental loads such as wind load, snow load, rain load, c
earthquake load, flood load or dead load. Zi
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LOCAL FLOODPLAIN MANAGEMENT ORDINANCE. An ordinance or regulation adopted pursuant to
the authority granted to local governments by Title 44 Code of Federal Regulations, Sections 59 and 60
for participation in the National Flood Insurance Program.
CHAPTER 3 BUILDING PLANNING c
c
SECTION R301 DESIGN CRITERIA
R301.1 Application. Buildings and structures, and parts thereof, shall be constructed to safely support all
loads, including dead loads, live loads, roof loads, flood loads, snow loads, wind loads and seismic loads c)
as prescribed by this code. The construction of buildings and structures in accordance with the provisions
of this code shall result in a system that provides a complete load path that meets the requirements for N
the transfer of loads from their point of origin through the load-resisting elements to the foundation.
Buildings and structures constructed as prescribed by this code are deemed to comply with the
requirements of this section.
Exception: Buildings and structures located within the High Velocity Hurricane Zone shall comply with N
Sections R302 to R327, inclusive and the provisions of Chapter 44, Sections R301.2.5 and R406. In
addition, buildings and structures located in flood hazard areas established in Table R301.2(1)shall
comply with Sections R301.2.4, R301.2.5 and R322.
R301.2 Climatic and geographic design criteria. Buildings shall be constructed in accordance with the
provisions of this code as limited by the provisions of this section. Additional criteria shall be set forth in
Table R301.2(1).
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TABLE R301.2(l) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND WIND DESIGN SEISMIC I SUBJ ECT TO DA MAG E FR OM I WINTER I ICE BARRIER AIR MEAN
FLOOD FREIEZI�,G ANNUAL
SNOW Speed'I To.progra "d � Wind-borne Weathering Frost line Tonnite' TEMp* REQU RED, HAZARDSO
LOAD In,ph) regionl debris z..e- depth' I INDEX TEMO
g.The applicable governing body shall, by local floodplain management ordinance,specify(a)the date of the
jurisdiction's entry into the National Flood Insurance Program(date of adoption of the first code nrordinance for 0
management of flood hazard areas), (b)the date(s)of the Flood Insurance Study and(c)the panel numbers and 2
dates of the currently effective FIRIVIs and F13FIVIs,or other flood hazard map adopted by the authority having
jurisdiction,auamended. W
R301.2.4F|oodp|a|m construction. Buildings and structures constructed in whole orin part inflood
hazard areas(including A or V Zones)as established in Table R301.2(l), and substantial improvement �
and repair of substantial damage of buildings and structures in flood hazard areas, shall be designed and
constructed in accordance with GmoUon R322. Buildings and structures that are located in more than one
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flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area.
Buildings and structures located in whole or in part in identified floodways shall be designed and 0
constructed in accordance with/USCE24. ILL.
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R301.2.4.1 Alternative provisions.Amon alternative bothe requirements in Section R322. /USCE24im
permitted subject to the limitations of this code and the limitations therein. zz
R301.2.5 Structures seaward mf a coastal construction control line. Structures located seaward of -J
the coastal construction control line shall be designed to resist the predicted forces of a 1 00-year storm
event in accordance with Section 3109 of the Florida Building Code, Building. CN
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SECTION R309 GARAGES AND CARPO��� 0
|
R309.3 Flood hazard areas. For buildings located in flood hazard areas as established by Table
R3O1.2(1). garage floors shall be: '
1. Elevated to or above the design flood m|mvodon as dmtmnn|nmd in Gmodon R322; or
2. Located below the design flood elevation provided that the floors are at or above grade on not less
than one side, are used solely for parking, building access or storage, meet the requirements of
Section R322 and are otherwise constructed |n accordance with this code.
ILL.
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SECTION R322 FLOOD-RESISTANT CONSTRUCTION W
R322.1 General. Buildings and structures constructed in whole or in part|nflood hazard areas, including
/\orVZones and Coastal /\Zones, as established |n Table R301.2(1). and substantial improvement and U
repair of substantial damage ofbuildings and structures|n flood hazard areas, shall bm designed and ILL.
constructed in accordance with the provisions contained |n this section. Buildings and structures that are w
located |n more than one flood hazard area shall comply with the provisions associated with the most
restrictive flood hazard area. Buildings and structures located in whole or in part in |dmnUfimdfloodways 2
shall bm designed and constructed |n accordance with AGCE24. mu
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R322.1.1 Alternative provisions.As an alternative bothe requirements in GmoUon R322AGCE24 is IV-
permitted subject to the limitations of this code and the limitations therein.
R322.1.2 Structural systems. Structural systems ofbuildings and structures shall be designed,
connected and anchored boresist flotation, collapse or permanent lateral movement due tostructural
loads and stresses from flooding equal bo the design flood elevation.
R322.1.3 Flood-resistant construction. Buildings and structures erected |n areas prone bo flooding shall
bm constructed bxmethods and practices that minimize flood damage.
7m Ed.FBC,Residential(November 2020,rev 4'28'2l) 22of30
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R322.1.4 Establishing the design flood elevation. The design flood elevation shall be used to define
flood hazard areas.At a minimum, the design flood elevation shall be the higher of the following:
1. The base flood elevation at the depth of peak elevation of flooding, including wave height, that has
a 1 percent(100-year flood)or greater chance of being equaled or exceeded in any given year; or
2. The elevation of the design flood associated with the area designated on a flood hazard map
adopted by the community, or otherwise legally designated.
R322.1.4.1 Determination of design flood elevations. If design flood elevations are not specified,
the building official is authorized to require the applicant to comply with either of the following: c
1. Obtain and reasonably use data available from a federal, state or other source; or
2. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic
engineering practices used to define special flood hazard areas. Determinations shall be
undertaken by a registered design professional who shall document that the technical methods
used reflect currently accepted engineering practice. Studies, analyses and computations shall
be submitted in sufficient detail to allow thorough review and approval.
R322.1.4.2 Determination of impacts. In riverine flood hazard areas where design flood elevations
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are specified but floodways have not been designated, the applicant shall demonstrate that the effect c
of the proposed buildings and structures on design flood elevations, including fill, when combined c
with other existing and anticipated flood hazard area encroachments, will not increase the design
flood elevation more than 1 foot(305 mm)at any point within the jurisdiction. N
R322.1.5 Lowest floor. The lowest floor shall be the lowest floor of the lowest enclosed area, including
basement, and excluding any unfinished flood-resistant enclosure that is useable solely for vehicle
parking, building access or limited storage provided that such enclosure is not built so as to render the
building or structure in violation of this section.
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R322.1.6 Protection of mechanical, plumbing and electrical systems. Electrical systems, equipment
and components; heating, ventilating, air conditioning; plumbing appliances and plumbing fixtures; duct
systems; and other service equipment shall be located at or above the elevation required in Section
R322.2 or R322.3. If replaced as part of a substantial improvement, electrical systems, equipment and c
components; heating, ventilating, air conditioning and plumbing appliances and plumbing fixtures; duct
systems; and 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 intended to break away
under flood loads. c
Exception: Locating electrical systems, equipment and components; heating,ventilating, air 2
conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment i
is permitted below the 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 hydrodynamic loads and stresses, including the effects of buoyancy, during the i
occurrence of flooding to the design flood elevation in accordance with ASCE 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 N
flood forces and is supplied by branch circuits that have ground-fault circuit 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 this code for wet locations. W
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R322.1.7 Protection of water supply and sanitary sewage systems. New and replacement water
supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems in
accordance with the plumbing provisions of this code. New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from
systems into floodwaters in accordance with the plumbing provisions of this code and in accordance with
Chapter 64E-6, Florida Administrative Code, Standards for Onsite Sewage Treatment and Disposal
Systems.
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R322.1.8 Flood-resistant materials. Building materials and installation methods used for flooring and
interior and exterior walls and wall coverings below the elevation required in Section R322.2 or R322.3
shall be flood damage-resistant materials that conform to the provisions of FEMA TB-2.
R322.1.9 Manufactured homes. In addition to the applicable requirements of the state agency with
jurisdiction over installation of manufactured homes, installation of manufactured homes in flood hazard
areas is subject to the applicable provisions of the local floodplain management ordinance.
R322.1.10 As-built elevation documentation.A registered design professional shall prepare and seal
documentation of the elevations specified in Section R322.2 or R322.3. c
R322.1.11 Structures seaward of a coastal control construction line. In addition to the requirements
of this section, structures located in flood hazard areas and seaward of the coastal construction line shall
be designed to resist the predicted forces of a 100-year storm event in accordance with Section R3109
(sic)of the Florida Building Code, Building, and the more restrictive provisions shall govern.
R322.2 Flood hazard areas (including A Zones).Areas that have been determined to be prone to E
flooding and that are not subject to high-velocity wave action shall be designated as flood hazard areas.
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Flood hazard areas that have been delineated as subject to wave heights between 1 %2 feet(457 mm) c
and 3 feet(914 mm)or otherwise designated by the jurisdiction shall be designated as Coastal A Zones c
and are subject to the requirements of Section R322.3. Buildings and structures constructed in whole or
in part in flood hazard areas shall be designed and constructed in accordance with Sections R322.2.1 N
through R322.2.3.
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R322.2.1 Elevation requirements. a
1. Buildings and structures in flood hazard areas including flood hazard areas designated as Coastal
A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 1 foot(305
mm), or the design flood elevation, whichever is higher. Q
2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor
(including basement)elevated to a height above the highest adjacent grade of not less than the
depth number specified in feet(mm)on the FIRM plus 1 foot(305 mm), or not less than 3 feet(915
mm)if a depth number is not specified. c
3. Basement floors that are below grade on all sides shall be elevated to or above base flood
elevation plus 1 foot(305 mm), or the design flood elevation, whichever is higher.
Exception: Enclosed areas below the design flood elevation, including basements with floors that
are not below grade on all sides, shall meet the requirements of Section 322.2.2. 0
R322.2.2 Enclosed area below design flood elevation. Enclosed areas, including crawl spaces, that i
are below the design flood elevation shall:
1. Be used solely for parking of vehicles, building access or storage.
2. Be provided with flood openings that meet the following criteria and are installed in accordance i
with Section R322.2.2.1:
2.1. The total net area of non-engineered openings shall be not less than 1 square inch (645
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mm for each square foot(0.093 m2)of enclosed area where the enclosed area is measured on
the exterior of the enclosure walls, or the openings shall be designed as engineered openings
and the construction documents shall include a statement by a registered design professional
that the design of the openings will provide for equalization of hydrostatic flood forces on W
exterior walls by allowing for the automatic entry and exit of floodwaters as specified in Section N
2.7.2.2 of ASCE 24.
2.2. Openings shall be not less than 3 inches(76 mm)in any direction in the plane of the wall.
2.3 The presence of louvers, blades, screens and faceplates or other covers and devices shall
allow the automatic flow of floodwater into and out of the enclosed areas and shall be
accounted for in the determination of the net open area.
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R322.2.2.1 Installation of openings. The walls of enclosed areas shall have openings installed
such that:
1. There shall be not less than two openings on different sides of each enclosed area; if a
building has more than one enclosed area below the design flood elevation, each area shall
have openings.
2. The bottom of each opening shall be not more than 1 foot(305 mm)above the higher of the
final interior grade or floor and the finished exterior grade immediately under each opening.
3. Openings shall be permitted to be installed in doors and windows; doors and windows without
installed openings do not meet the requirements of this section.
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R322.2.3 Foundation design and construction. Foundation walls for buildings and structures erected in
flood hazard areas shall meet the requirements of Chapter 4.
Exception: Unless designed in accordance with Section R404:
1. The unsupported height of 6-inch (152 mm) plain masonry walls shall be not more than 3 feet(914
U)
mm).
2. The unsupported height of 8-inch (203 mm) plain masonry walls shall be not more than 4 feet
(1219 mm).
3. The unsupported height of 8-inch (203 mm) reinforced masonry walls shall be not more than 8 feet
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(2438 mm).
For the purpose of this exception, unsupported height is the distance from the finished grade of the 0
under-floor space to the top of the wall.
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R322.2.4 Tanks. Underground tanks shall be anchored to prevent flotation, collapse and lateral
movement under conditions of the base flood.Above-ground tanks shall be installed at or above the
elevation required in Section R322.2.1 or shall be anchored to prevent flotation, collapse and lateral
movement under conditions of the base flood.
R322.2.5 Pools in flood hazard areas. Pools that are located in flood hazard areas established by Table Q
R301.2(1), including above-ground pools, on-ground pools, and in-ground pools that involve placement of
fill, shall comply with Sections R322.2.5.1 or R322.2.5.2.
Exception: Pools located in riverine flood hazard areas which are outside of designated floodways. Use
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R322.2.5.1 Pools located in designated floodways. Where pools are located in designated
floodways, documentation shall be submitted to the building official, which demonstrates that the
construction of the pool will not increase the design flood elevation at any point within the jurisdiction. CL
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R322.2.5.2 Pools located where floodways have not been designated.Where pools are located in _
riverine flood hazard areas where design flood elevations are specified but floodways have not been i
designated, the applicant shall provide a floodway analysis that demonstrates that the proposed pool
will not increase the design flood elevation more than 1 foot(305 mm)at any point within the
jurisdiction. i
R322.3 Coastal high-hazard areas (including V Zones and Coastal A Zones,where designated).
Areas that have been determined to be subject to wave heights in excess of 3 feet(914 mm)or subject to
high-velocity wave action or wave-induced erosion shall be designated as coastal high-hazard areas.
Flood hazard areas that have been designated as subject to wave heights between 1 %2(457 mm)and 3
feet(914 mm)or otherwise designated by the jurisdiction shall be designated as Coastal A Zones. W
Buildings and structures constructed in whole or in part in coastal high-hazard areas and coastal A N
Zones, where designated, shall be designed and constructed in accordance with Sections R322.3.1
through R322.3.7.
R322.3.1 Location and site preparation.
1. New buildings and buildings that are determined to be substantially improved pursuant to the
Florida Building Code, Existing Building shall be located landward of the reach of mean high tide.
2. For any alteration of sand dunes and mangrove stands, the building official shall require
submission of an engineering analysis that demonstrates that the proposed alteration will not
increase the potential for flood damage.
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R322.3.2 Elevation requirements.
1. Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be
elevated so that the bottom of the lowest horizontal structure members supporting the lowest floor,
with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above
the base flood elevation plus 1 foot(305 mm)or the design flood elevation, whichever is higher.
2. Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited.
4. Minor grading, 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, c
patios and walkways.
5.Walls and partitions enclosing areas below the design flood elevation shall meet the requirements
LU
of Sections R322.3.5 and R322.3.6.
R322.3.3 Foundations. Buildings and structures erected in coastal high-hazard areas and Coastal A
Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or
columns. The space below the elevated building shall be either free of obstruction or, if enclosed with S
walls, the walls shall meet the requirements of Section R322.3.5. Pilings shall have adequate soil
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penetrations to resist the combined wave and wind loads(lateral and uplift).Water-loading values used c
shall be those associated with the design flood.Wind-loading values shall be those required by this code. c
Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil
strata surrounding the piling. Pile systems design and installation shall be certified in accordance with
Section R322.3.9. Spread footing, mat, raft or other foundations that support columns shall not be
permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil U
material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave-
velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns
shall be designed in accordance with ASCE 24.
Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and N
backfilled with soil or gravel to the underside of the floor system shall be permitted provided the
foundations are designed to account for wave action, debris impact, erosion and local scour. Where
soils are susceptible to erosion and local scour, stem wall foundations shall have deep footings to
account for the loss of soil. c
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R322.3.3.1 Pools. Pools in coastal high-hazard areas shall be designed and constructed in conformance
with ASCE 24.
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R322.3.4 Concrete slabs. Concrete slabs used for parking, floors of enclosures, landings, decks, _
walkways, patios and similar uses that are located beneath structures, or slabs that are located such that i
if undermined or displaced during base flood conditions could cause structural damage to the building LU
foundation, shall be designed and constructed in accordance with one of the following:
1. To be structurally independent of the foundation system of the structure, to not transfer flood loads M
i
to the main structure, and to be frangible and break away under flood conditions prior to base flood
conditions. Slabs shall be a maximum of 4 inches(102 mm)thick, shall not have turned-down
edges, shall not contain reinforcing, shall have isolation joints at pilings and columns, and shall have
control or construction joints in both directions spaced not more than 4 feet(1219 mm)apart.
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2. To be self-supporting, structural slabs capable of remaining intact and functional under base flood It-
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conditions, including erosion and local scour, and the main structure shall be capable of resisting any
added flood loads and effects of local scour caused by the presence of the slabs.
R322.3.5 Walls below design flood elevation.Walls and partitions are permitted below the elevated
floor, provided that such walls and partitions are not part of the structural support of the building or
structure and:
1. Electrical, mechanical and plumbing system components are not to be mounted on or penetrate
through walls that are designed to break away under flood loads; and
2. Are constructed with insect screening or open lattice; or
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3. Are designed to break away or collapse without causing collapse, displacement or other structural
damage to the elevated portion of the building or supporting foundation system. Such walls, framing
and connections shall have a resistance of not less than 10 (479 Pa)and not more than 20 pounds
per square foot(958 Pa)as determined using allowable stress design; or
4.Where wind loading values of this code exceed 20 pounds per square foot(958 Pa), as
determined using allowable stress design, the construction documents shall include documentation
prepared and sealed by a registered design professional that:
4.1. The walls and partitions below the design flood elevation have been designed to collapse
from a water load less than that which would occur during the base flood.
4.2. The elevated portion of the building and supporting foundation system have been designed c
to withstand the effects of wind and flood loads acting simultaneously on structural and
nonstructural building components.Water-loading values used shall be those associated with
the design flood.Wind-loading values shall be those required by this code.
5.Walls intended to break away under flood loads as specified in Item 3 or 4 have flood openings
that meet the criteria in Section R322.2.2, Item 2.
R322.3.6 Enclosed areas below design flood elevation. Enclosed areas below the design flood E
elevation shall be used solely for parking of vehicles, building access or storage.
CL
R322.3.6.1 Protection of building envelope.An exterior door that meets the requirements of 0
Section R609 shall be installed at the top of stairs that provide access to the building and that are
enclosed with walls designed to break away in accordance with Section 322.3.4.
R322.3.7 Stairways and ramps. Stairways and ramps that are located below the lowest floor elevations
specified in Section R322.3.2 shall comply with one or more of the following:
1. Be designed and constructed with open or partially open risers and guards.
2. Stairways and ramps not part of the required means of egress shall be designed and constructed Q
to break away during design flood conditions without causing damage to the building or structure,
including foundation.
i
3. Be retractable, or able to be raised to or above the lowest floor elevation, provided that the ability to
be retracted or raised prior to the onset of flooding is not contrary to the means of egress U,
requirements of the code.
0
4. Be designed and constructed to resist flood loads and minimize transfer of flood loads to the
building or structure, including foundation. 0
Areas below stairways and ramps shall not be enclosed with walls below the design flood elevation U.I
unless such walls are constructed in accordance with Section R322.3.5.
R322.3.8 Decks and porches. Attached decks and porches shall meet the elevation requirements of
Section R322.3.2 and shall either meet the foundation requirements of this section or shall be U
cantilevered from or knee braced to the building or structure. Self-supporting decks and porches that are
below the elevation required in Section R322.3.2 shall not be enclosed by solid, rigid walls, including N
walls designed to break away. Self-supporting decks and porches shall be designed and constructed to
remain in place during base flood conditions or shall be frangible and break away under base flood
conditions.
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R322.3.9 Construction documents. The construction documents shall include documentation that is
prepared and sealed by a registered design professional that the design and methods of construction to
be used meet the applicable criteria of this section. E
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R322.3.10 Tanks. Underground tanks shall be anchored to prevent flotation, collapse and lateral
movement under conditions of the base flood.Above-ground tanks shall be installed at or above the
elevation required in Section R322.3.2.Where elevated on platforms, the platforms shall be cantilevered
from or knee braced to the building or shall be supported on foundations that conform to the requirements
of Section R322.3.
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SECTION R326 SWIMMING POOLS, SPAS AND HOT TUBS
R326.1 General. The design and construction of pools and spas shall comply with Chapter 45 of this
Code.
CHAPTER 4 FOUNDATIONS
R401.1 [General]Application. The provisions of this chapter shall control the design and construction of
the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the c
design and construction of foundations in flood hazard areas as established by Table R301.2(1)shall
meet the provisions of Section R322.Wood foundations shall be designed and installed in accordance
with AWC PWF.
Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in
the following situations:
3. Buildings and structures located within the High-Velocity Hurricane Zone shall comply with the
provisions of Chapter 44 and, as applicable, Section R322 in flood hazard areas.
R401.2 [General] Requirements. Foundation construction shall be capable of resisting all loads from c
roof uplift and building overturn. Foundation uplift for light-frame wood or steel buildings shall be c
calculated or determined from Table R401.1. Masonry buildings within the dimensional scope of Table
R401.1 shall be assumed to be of adequate weight so as not to require uplift resistance greater than that N
provided by the structure and any normal foundation. Foundation construction shall also be capable of
accommodating all gravity loads in accordance with Section R301 and of transmitting the resulting loads
to the supporting soil. Fill soils that support footings and foundations shall be designed, installed and
tested in accordance with accepted engineering practice. Gravel fill used as footings for wood and
precast concrete foundations shall comply with Section R403.
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R401.3 [General] Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other
approved point of collection that does not create a hazard. Lots shall be graded to drain surface water
away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm)within the first 10 feet
(3048 mm). c
Exception:Where lot lines, walls, slopes or other physical barriers prohibit 6 inches(152 mm)of fall
within 10 feet(3048 mm), drains or swales shall be constructed to ensure drainage away from the
structure. Impervious surfaces within 10 feet(3048 mm)of the building foundation shall be sloped a
minimum of 2 percent away from the building. 0
SECTION R404 FOUNDATION AND RETAINING WALLS i
R404.1.9.5 [Isolated masonry piers] Masonry piers in flood hazard areas. Masonry piers for dwellings
in flood hazard areas shall be designed in accordance with Section R322. i
SECTION R408 UNDER-FLOOR SPACE
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R408.6 Finished grade. The finished grade of under-floor surface shall be permitted to be located at the
bottom of the footings; however, where there is evidence that the groundwater table can rise to within 6
inches(152 mm)of the finished floor at the building perimeter or where there is evidence that the surface W
water does not readily drain from the building site, the grade in the under-floor space shall be as high as N
It-
the outside finished grade, unless an approved drainage system is provided.
R408.7 Flood resistance. For buildings located in flood hazard areas as established in Table
R301.2(1): 1.Walls enclosing the under-floor space shall be provided with flood openings in
accordance with Section R322.2.2.
2. The finished ground level of the under-floor space shall be equal to or higher than the outside
finished ground level on at least one side.
Exception: Under-floor spaces that meet the requirements of FEMA TBA 1-1.
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SECTION R506 CONCRETE FLOORS (ON GROUND)
R506.2.1 [Site Preparation] Fill. Fill material shall be free of vegetation and foreign material. The fill shall
be compacted to ensure uniform support of the slab, and except where approved, the fill depths shall not
exceed 24 inches(610 mm)for clean sand or gravel and 8 inches (203 mm)for earth.
MECHANICAL, FUEL GAS AND PLUMBING
M1301.1.1 [General Mechanical System Requirements] Flood-resistant installation. In flood hazard
areas as established by Table R301.2(1), mechanical appliances, equipment and systems shall be c
located or installed in accordance with Section R322.1.6.
M1401.5 [Heating and Cooling Equipment and Appliances] Flood hazard. In flood hazard areas as
established by Table R301.2(1), heating and cooling equipment and appliances shall be located or
installed in accordance with Section R322.1.6.
M1601.4.10 [Duct Construction; Installation] Flood hazard areas. In flood hazard areas as
established by Table R301.2(1), duct systems shall be located or installed in accordance with Section
R322.1.6.
0
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M1701.2 [Combustion Air] Opening location. In flood hazard areas as established in Table R301.2(1),
combustion air openings shall be located at or above the elevation required in Section R322.2.1 or
R322.3.2.
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M2001.4 [Boilers and Water Heaters] Flood-resistant installation. In flood hazard areas established in
Table R301.2(1), boilers, water heaters and their control systems shall be located or installed in
accordance with Section R322.1.6.
N
M2105.22.1 [Ground-Source Heat-Pump System Loop Piping] Flood hazard. Piping located in a flood
hazard area shall be capable of resisting hydrostatic and hydrodynamic loads and stresses, including the
effects of buoyancy, during the occurrence of flooding to the design flood elevation.
c
M2201.6 [Special Piping and Storage Systems] Flood-resistant installation. In flood hazard areas as
established by Table R301.2(1), tanks shall be installed in accordance with Section R322.2.4 or
R322.3.7.
0
G2404.7 (301.11) [Fuel Gas] Flood hazard. For structures located in flood hazard areas, the appliance, _
equipment and system installations regulated by this code shall be located at or above the elevation i
required by Section R322 for utilities and attendant equipment.
Exception: The appliance, equipment and system installations regulated by this code are permitted
to be located below the elevation required by Section R322 for utilities and attendant equipment
provided that they are designed and installed to prevent water from entering or accumulating within M
the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects
of buoyancy, during the occurrence of flooding to such elevation.
P2601.3 [General Plumbing Requirements] Flood hazard areas. In flood hazard areas as established
by Table R301.2(1), plumbing fixtures, drains, and appliances shall be located or installed in accordance W
with Section R322.1.6. N
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P2602.2 [Individual Water Supply and Sewage Disposal] Flood-resistant installation. In flood hazard
areas as established by Table R301.2(1): E
1.Water supply systems shall be designed and constructed to prevent infiltration of floodwaters.
2. Pipes for sewage disposal systems shall be designed and constructed to prevent infiltration of
floodwaters into the systems and discharges from the systems into floodwaters.
71 Ed.FBC,Residential(November 2020,rev 4-28-21) 29 of 39
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P2705.1 [Plumbing Fixtures, Installation] General. The installation of fixtures shall conform to the
following: [partial shown]
7. In flood hazard areas as established by Table R301.2(1), plumbing fixtures shall be located or
installed in accordance with Section R322.1.6.
P3001.3 [Sanitary Drainage] Flood-resistant installation. In flood hazard areas as established by
Table R301.2(1), drainage, waste and vent systems shall be located and installed to prevent infiltration of
floodwaters into the systems and discharges from the systems into floodwaters.
P3101.5 [Vent Systems] Flood resistance. In flood hazard areas as established by Table R301.2(1), c
vents shall be located at or above the elevation required in Section R322.1 (flood hazard areas including
A Zones)or R322.2 (coastal high-hazard areas including V Zones).
R4501.4.2.1. [Private Swimming Pools, Mechanical requirements] Flood hazard areas. Pools
installed in flood hazard areas established in Section R322 shall comply with Section R322.2.4 (A Zones)
or R322.3.3.1 in coastal high-hazard areas(V Zones).
CHAPTER 44 REFERENCED STANDARDS
CL
ASCE/SEI 24-14 Flood-resistant Design and Construction 0
FEMA-TB-2-08 Flood Damage-resistant Materials Requirement N
FEMA-TB-11-01 Crawlspace Construction for Buildings Located in Special Flood Hazard Area
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71 Ed.FBC,Residential(November 2020,rev 4-28-21) 30 of 39
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7th Edition Florida Existing Building Code (2020)
CHAPTER 1 SCOPE AND ADMINISTRATION
[A] 101.2 Scope. The provisions of the Florida Building Code, Existing Building shall apply to the repair,
alteration, change of occupancy, addition to and relocation of existing buildings.
Exception: For the purpose of public educational facilities and state licensed facilities, see Chapter c
4, Special Occupancy, of the Florida Building Code, Building.
[A] 101.3 Intent. The intent of this code is to provide flexibility to permit the use of alternative approaches
to achieve compliance with minimum requirements to safeguard the public health, safety and welfare U)
insofar as they are affected by the repair, alteration, change of occupancy, addition and relocation of
existing buildings.
101.4 Applicability. This code shall apply to the repair, alteration, change of occupancy, addition and CL
relocation of all existing buildings, regardless of occupancy, subject to the criteria of Sections 101.4.1 and c
101.4.2. c
N
101.4.1 Buildings not previously occupied.A building or portion of a building that has not been
previously occupied or used for its intended purpose in accordance with the laws in existence at the
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time of its completion shall comply with the provisions of the Florida Building Code, Building or U
Florida Building Code, Residential, as applicable, for new construction or with any current permit for
such occupancy.
N
101.4.2 Buildings previously occupied. The legal occupancy of any building existing on the date N
of adoption of this code shall be permitted to continue without change, except as is specifically 0
covered in this code, the Florida Fire Prevention Code, or as is deemed necessary by the code Zi
official for the general safety and welfare of the occupants and the public.
c
ADDITION.An extension or increase in floor area, number of stories, or height of a building or structure.
0
ALTERATION.Any construction or renovation to an existing structure other than a repair or addition.
Alterations are classified as Level 1, Level 2 and Level 3. c
c
CHANGE OF OCCUPANCY. A change in the use of the building or portion of a building which results in
any of the following:
1. A change of occupancy classification.
2. A change from one group to another group within an occupancy classification. L�
3. Any change in use within a group for which there is a change in the application of the
requirements of this code. N
EXISTING BUILDING.A building erected prior to the date of adoption of the appropriate code, or one for
which a legal building permit has been issued.
N
EXISTING STRUCTURES. A structure erected prior to the date of adoption of the appropriate code, or
one for which a legal building permit has been issued.
BS] FLOOD HAZARD AREA. The greater of the following two areas:
1. The area within a flood plain subject to a 1-percent or greater chance of flooding in any year.
2. The area designated as a flood hazard area on a community's flood hazard map, or otherwise
legally designated.
[A] HISTORIC BUILDING. See Section 1202.
71 Ed.FBC,Existing Building(November 2020) 31 of 39
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REHABILITATION. Any work, as described by the categories of work defined herein, undertaken in an
existing building.
REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its
maintenance or to correct damage.
[BS] SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the flood provisions of
this code, damage of any origin sustained by a structure whereby the cost of restoring the structure to its
before-damaged condition would equal or exceed 50 percent of the market value of the structure before c
the damage occurred.
[BS] SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood
provisions of this code, any repair, alteration, addition, or improvement of a building or structure, the cost U)
of which equals or exceeds 50 percent of the market value of the structure, before the improvement or
repair is started. If the structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a building required to correct existing health, sanitary, or safety
code violations identified by the code official and that is the minimum necessary to ensure safe living c
conditions; or c
2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's N
continued designation as a historic structure. N
CHAPTER 3 PROVISIONS FOR ALL COMPLIANCE METHODS
301.1 General. The repair, alteration, change of occupancy, addition or
relocation of all existing buildings shall comply with Section 301.2 or 301.3, as N
applicable. N
0
301.2 Repairs. Repairs shall comply with the requirements of Chapter 4. Zi
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301.3 Alteration, change of occupancy, addition or relocation. The alteration, change of occupancy,
addition or relocation of all existing buildings shall comply with one of the methods listed in Sections
301.3.1 through 301.3.3 as selected by the applicant. Sections 301.3.1 through 301.3.3 shall not be 0
applied in combination with each other.Where this code requires consideration of the seismic-force
resisting system of an existing building subject to alteration, change of occupancy, addition or relocation c
c
of existing buildings, the seismic evaluation and design shall be based on Section 301.3.4 regardless of
which compliance method is used.
Exception: Subject to the approval of the code official, alterations complying with the laws in
existence at the time the building or the affected portion of the building was built shall be considered
in compliance with the provisions of this code unless the building is undergoing more than a limited
t3
structural alteration as defined in Section 907.4.4. New structural members added as part of the
alteration shall comply with the Florida Building Code. Alterations of existing buildings in flood hazard N
areas shall comply with Section 701.3. This exception shall not apply to alterations that constitute
substantial improvement in flood hazard areas which shall comply with Section 701.3. This exception
shall not apply to the structural provisions of Chapter 4 or to the structural provisions of Sections
707, 807, and 907. N
N
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301.3.1 Prescriptive compliance method.Alterations, additions and changes of occupancy
complying with Chapter 5 of this code in buildings complying with the Florida Fire Prevention Code
shall be considered in compliance with the provisions of this code.
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301.3.2 Work area compliance method.Alterations, additions, changes in occupancy and
relocated buildings complying with the applicable requirements of Chapters 6 through 13 of this code
shall be considered in compliance with the provisions of this code.
71 Ed.FBC,Existing Building(November 2020) 32 of 39
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301.3.3 Performance compliance method.Alterations, additions, changes in occupancy and
relocated buildings complying with Chapter 14 of this code shall be considered in compliance with
the provisions of this code.
CHAPTER 4 REPAIRS
[BS] 401.3 Flood hazard areas. In flood hazard areas, repairs that constitute substantial improvement
shall require that the building comply with Section 1612 of the Florida Building Code, Building, or Section
R322 of the Florida Building Code, Residential, as applicable. c
401.4 Structure seaward of a coastal construction line. Structures located seaward of the coastal
construction line shall be designed to resist the predicted forces of a 100-year storm event in accordance
with Section 3109 of the Florida Building Code, Building. U)
[BS] 406.2.4 [Structural] Flood hazard areas. In flood hazard areas, buildings that have sustained
substantial damage shall be brought into compliance with Section 1612 of the Florida Building Code,
Building, or Section R322 of the Florida Building Code, Residential, as applicable.
0
CHAPTER 5 PRESCRIPTIVE COMPLIANCE METHOD
N
[BS] 502.2 [Additions] Flood hazard areas. For buildings and structures in flood hazard areas N
established in Section 1612.3 of the Florida Building Code, Building, or Section R322 of the Florida
Building Code, Residential, as applicable, any addition that constitutes substantial improvement of the U
existing structure shall comply with the flood design requirements for new construction, and all aspects of
the existing structure shall be brought into compliance with the requirements for new construction for
flood design. N
For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida N
Building Code, Building, or Section R322 of the Florida Building Code, Residential, as applicable, as 0
applicable, any additions that do not constitute substantial improvement of the existing structure are not Zi
required to comply with the flood design requirements for new construction.
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[BS] 503.2 [Alterations] Flood hazard areas. For buildings and structures in flood hazard areas
established in Section 1612.3 of the Florida Building Code, Building, or Section R322 of the Florida 0
Building Code, Residential, as applicable, any alteration that constitutes substantial improvement of the
existing structure shall comply with the flood design requirements for new construction, and all aspects of c
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the existing structure shall be brought into compliance with the requirements for new construction for
flood design.
For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida
Building Code, Building, or Section R322 of the Florida Building Code, Residential, as applicable, any
alterations that do not constitute substantial improvement of the existing structure are not required to
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comply with the flood design requirements for new construction.
N
CHAPTER 6 CLASSIFICATION OF WORK
601.3 Structure seaward of a coastal construction line. Structures located seaward of the coastal
construction line shall be designed to resist the predicted forces of a 100-year storm event in accordance N
with Section 3109 of the Florida Building Code, Building.
CHAPTER 7 ALTERATIONS— LEVEL 1
[BS] 701.3 Flood hazard areas. In flood hazard areas, alterations that constitute substantial
improvement shall require that the building comply with Section 1612 of the Florida Building Code,
Building, or Section R322 of the Florida Building Code, Residential, as applicable.
CHAPTER 8 ALTERATIONS— LEVEL 2
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801.2 Alteration level 1 compliance. In addition to the requirements of this chapter, all work shall
comply with the requirements of Chapter 7.
CHAPTER 9 ALTERATIONS— LEVEL 3
901.2 Compliance. In addition to the provisions of this chapter, work shall comply with all of the
requirements of Chapters 7 and 8. The requirements of Sections 803, 804 and 805 shall apply within all
work areas whether or not they include exits and corridors shared by more than one tenant and
regardless of the occupant load. c
CHAPTER 10 CHANGE OF OCCUPANCY
1001.1 Scope. The provisions of this chapter shall apply where a change of occupancy occurs, as U)
defined in Section 202. c'
CHAPTER 11 ADDITIONS
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1101.1 Scope.An addition to a building or structure shall comply with the Florida Codes as adopted for c
new construction without requiring the existing building or structure to comply with any requirements of c
those codes or of these provisions, except as required by this chapter.Where an addition impacts the N
existing building or structure, that portion shall comply with this code. N
[BS] 1103.5 Flood Hazard Areas. Additions and foundations in flood hazard areas shall comply with the t j
following requirements:
1. For horizontal additions that are structurally interconnected to the existing building:
1.1. If the addition and all other proposed work, when combined, constitute substantial N
improvement, the existing building and the addition shall comply with Section 1612 of the Florida N
Building Code, Building, or Section R322 of the Florida Building Code, Residential, as applicable. 0
1.2. If the addition constitutes substantial improvement, the existing building and the addition shall Zi
comply with Section 1612 of the Florida Building Code, Building, or Section R322 of the Florida U)
Building Code, Residential, as applicable.
2. For horizontal additions that are not structurally interconnected to the existing building: T
2.1. The addition shall comply with Section 1612 of the Florida Building Code, Building, or Section 0
R322 of the Florida Building Code, Residential, as applicable.
2.2. If the addition and all other proposed work, when combined, constitute substantial c
c
improvement, the existing building and the addition shall comply with Section 1612 of the Florida
Building Code, Building, or Section R322 of the Florida Building Code, Residential, as applicable.
3. For vertical additions and all other proposed work that, when combined, constitute substantial
improvement, the existing building shall comply with Section 1612 of the Florida Building Code,
Building, or Section R322 of the Florida Building Code, Residential, as applicable.
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4. For a raised or extended foundation, if the foundation work and all other proposed work, when
combined, constitute substantial improvement, the existing building shall comply with Section 1612 N
of the Florida Building Code, Building, or Section R322 of the Florida Building Code, Residential, as
applicable.
5. For a new foundation or replacement foundation, the foundation shall comply with Section 1612 of
the Florida Building Code, Building, or Section R322 of the Florida Building Code, Residential, as N
applicable.
CHAPTER 12 HISTORIC BUILDINGS
[BS] 1201.3 Flood hazard areas. In flood hazard areas, if all proposed work, including repairs, work
required because of a change of occupancy, and alterations, constitutes substantial improvement, then
the building shall comply with Section 1612 of the Florida Building Code, Building, or Section R322 of the
Florida Building Code, Residential, as applicable.
71 Ed.FBC,Existing Building(November 2020) 34 of 39
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Exception: If the program that designated the building as historic determines that it will continue to
be an historic building after the proposed work is completed, then the proposed work is not
considered a substantial improvement. For the purposes of this exception, an historic building is:
1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic
Places; or
2. A contributing resource with a National Register of Historic Places listed district; or
3. Designated as historic property under an official municipal, county, special district or state
designation, law, ordinance or resolution either individually or as a contributing property in a
district, provided the local program making the designation is approved by the Department of the c
Interior(the Florida state historic preservation officer maintains a list of approved local programs);
or
3. Designated eligible by the Florida State Historic Preservation Office for listing in the National
Register of Historic Places, either individually or as a contributing property in a district. U)
HISTORIC BUILDING. For the purposes of this code and the referenced documents, an historic building
is defined as a building or structure that is:
1. Individually listed in the National Register of Historic Places; or
2. A contributing property in a National Register of Historic Places listed district; or 0
3. Designated as historic property under an official municipal, county, special district or state
designation, law, ordinance or resolution either individually or as a contributing property in a district; N
or
4. Determined eligible by the Florida State Historic Preservation Officer for listing in the National U
Register of Historic Places, either individually or as a contributing property in a district. U
CHAPTER 13 RELOCATED OR MOVED BUILDINGS
N
[BS] 1302.6 Flood hazard areas. If relocated or moved into a flood hazard area, structures shall comply >
with Section 1612 of the Florida Building Code, Building, or Section R322 of the Florida Building Code, c
Residential, as applicable. Use
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CHAPTER 14 PERFORMANCE COMPLIANCE METHOD U)
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[B] 1401.3 Acceptance. For repairs, alterations, additions, and changes of occupancy to existing
buildings that are evaluated in accordance with this section, compliance with this section shall be c
accepted by the code official. u-
[B] 1401.3.3 Compliance with flood hazard provisions. In flood hazard areas, buildings that are
evaluated in accordance with this section shall comply with Section 1612 of the Florida Building Code,
Building, or Section R322 of the Florida Building Code, Residential, as applicable if the work covered by
this section constitutes substantial improvement. U
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71 Ed.FBC,Existing Building(November 2020) 35 of 39
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7th Edition FBC, Mechanical (2020)
CHAPTER 1 SCOPE AND ADMINISTRATION
[A] 101.1 Scope. The provisions of Chapter 1, Florida Building Code, Building shall govern the
administration and enforcement of the Florida Building Code, Mechanical.
CHAPTER 2 DEFINITIONS c
[BS] DESIGN FLOOD ELEVATION. The elevation of the"design flood,"including wave height, relative to
the datum specified on the community's legally designated flood hazard area map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number, in feet, specified on the flood hazard map. In areas
designated as Zone AO where a depth number is not specified on the map, the depth number shall be
taken as being equal to 2 feet(610 mm).
CHAPTER 3 GENERAL REGULATIONS 0
[BS] 301.16 Flood hazard. For structures located in flood hazard areas, mechanical systems, equipment N
and appliances shall be located at or above the elevation required by Section 1612 of the Florida Building
Code, Building for utilities and attendant equipment.
Exception: Mechanical systems, equipment and appliances are permitted to be located below the
elevation required by Section 1612 of the Florida Building Cod, Building for utilities and attendant
equipment provided that they are designed and installed to prevent water from entering or
accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, Q
including the effects of buoyancy, during the occurrence of flooding up to such elevation.
[BS] 301.16.1 Coastal high hazard areas and coastal A zones. In coastal high hazard areas and Use
coastal A zones, mechanical systems and equipment shall not be mounted on or penetrate walls a
intended to break away under flood loads.
0
SECTION 401 [VENTILATION] GENERAL
0
401.4 Intake opening location.Air intake openings shall comply with all of the following: -
Only pertinent item shown 1
4. Intake openings on structures in flood hazard areas shall be at or above the elevation required by
Section 1612 of the Florida Building Code, Building for utilities and attendant equipment.
SECTION 501 [EXHAUST SYSTEMS] GENERAL U
i
501.3.1 Location of exhaust outlets. The termination point of exhaust outlets and ducts discharging to
the outdoors shall be located with the following minimum distances:
[only item 4 shown]
4. Exhaust outlets serving structures in flood hazard areas shall be installed at or above the elevation W
required by Section 1612 of the Florida Building Code, Building for utilities and attendant equipment.
CHAPTER 6 DUCT SYSTEMS
[BS] 602.4 [Plenums] Flood hazard. For structures located in flood hazard areas, plenum spaces shall
be located above the elevation required by Section 1612 of the Florida Building Code, Building for utilities
and attendant equipment or shall be designed and constructed to prevent water from entering or
accumulating within the plenum spaces during floods up to such elevation. If the plenum spaces are
located below the elevation required by Section 1612 of the Florida Building Code, Building for utilities
7t'Ed.FBC,M,P,FG(November 2020) 36 of 39
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and attendant equipment, they shall be capable of resisting hydrostatic and hydrodynamic loads and
stresses, including the effects of buoyancy, during the occurrence of flooding up to such elevation.
[BS] 603.13 [Duct Construction and Installation] Flood hazard areas. For structures in flood hazard
areas, ducts shall be located above the elevation required by Section 1612 of the Florida Building Code,
Building for utilities and attendant equipment or shall be designed and constructed to prevent water from
entering or accumulating within the ducts during floods up to such elevation. If the ducts are located
below the elevation required by Section 1612 of the Florida Building Code, Building for utilities and
attendant equipment, the ducts shall be capable of resisting hydrostatic and hydrodynamic loads and c
stresses, including the effects of buoyancy, during the occurrence of flooding up to such elevation.
CHAPTER 12 HYDRONIC PIPING
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1206.9.1 [Piping Installation) Flood hazard. Piping located in a flood hazard area shall be capable of
resisting hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the
occurrence of flooding to the design flood elevation.
CL
1210.8.6 [Plastic Pipe Ground-Source Heat Pump Loop Systems] Flood hazard. Piping located in a c
flood hazard area shall be capable of resisting hydrostatic and hydrodynamic loads and stresses, c
including the effects of buoyancy, during the occurrence of flooding to the design flood elevation. N
N
CHAPTER 13 FUEL OIL PIPING AND STORAGE
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1305.2.1 [Fuel Oil System Installation] Flood hazard. Fuel oil pipe, equipment and appliances located
in flood hazard areas shall be located above the elevation required by Section 1612 of the Florida
Building Code, Building for utilities and attendant equipment or shall be capable of resisting hydrostatic N
and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of N
flooding up to such elevation. 0
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7t'Ed.FBC,M,P,FG(November 2020) 37 of 39
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7th Edition FBC, Plumbing (2020)
CHAPTER 1 SCOPE AND ADMINSITRATION
[A] 101.1 Scope. The provisions of Chapter 1, Florida Building Code, Building shall govern the
administration and enforcement of the Florida Building Code, Plumbing.
CHAPTER 2 DEFINITONS
0
[BS] BASE FLOOD ELEVATION.A reference point, determined in accordance with the building code,
based on the depth or peak elevation of flooding, including wave height, which has a 1 percent(100-year
flood)or greater chance of occurring in any given year.
[BS] DESIGN FLOOD ELEVATION. The elevation of the"design flood,"including wave height, relative to
the datum specified on the community's legally designated flood hazard map. In areas designated as
Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's
perimeter plus the depth number(in feet)specified on the flood hazard map. In areas designated as Zone
AO where a depth number is not specified on the map, the depth number shall be taken as being equal to c
2 feet(610 mm). 0
N
[BS] FLOOD HAZARD AREA. The greater of the following two areas: N
1. The area within a flood plain subject to a 1-percent or greater chance of flooding in any given
year. U
2. The area designated as a flood hazard area on a community's flood hazard map or as otherwise
legally designated.
N
CHAPTER 3 GENERAL REGULATIONS Q
SECTION 309 FLOOD HAZARD RESISTANCE
i
309.1 General. Plumbing systems and equipment in structures erected in flood hazard areas shall be
constructed in accordance with the requirements of this section and the Florida Building Code, Building.
[BS] 309.2 Flood hazard. For structures located in flood hazard areas, the following systems and c
equipment shall be located and installed as required by Section 1612 of the Florida Building Code,
Building. c
c
1. Water service pipes.
2. Pump seals in individual water supply systems where the pump is located below the design flood
elevation.
3. Covers on potable water wells shall be sealed, except where the top of the casing well or pipe
sleeve is elevated to not less than 1 foot(305 mm)above the design flood elevation.
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4. Sanitary drainage piping.
5. Storm drainage piping. N
6. Manhole covers shall be sealed, except where elevated to or above the design flood elevation.
7. Other plumbing fixtures, faucets, fixture fittings, piping systems and equipment.
8. Water heaters.
9. Vents and vent systems. CN
Exception: The systems listed in this section are permitted to be located below the elevation required N
by Section 1612 of the Florida Building Code, Building for utilities and attendant equipment, provided
that the systems are designed and installed to prevent water from entering or accumulating within
their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and
stresses, including the effects of buoyancy, during the occurrence of flooding up to such elevation.
[BS] P309.3 Coastal high hazard areas and coastal A zones. Structures located in coastal high hazard
areas and coastal A zones shall meet the requirements of Section 309.2. The plumbing systems, pipes
and fixtures shall not be mounted on or penetrate through walls intended to break away under flood
loads.
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7th Edition FBC, Fuel Gas (2020)
CHAPTER 1 SCOPE AND ADMINISTRATION
[A] 101.1 Scope. The provisions of Chapter 1, Florida Building Code, Building shall govern the
administration and enforcement of the Florida Building Code, Fuel Gas.
[A] 101.2 This code shall apply to the installation of fuel-gas piping systems, fuel gas appliances, c
gaseous hydrogen systems and related accessories in accordance with Sections 101.2.1 through
101.2.5.
Exception: Detached one-and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories high with separate means of egress and their accessory U)
structures shall comply with the Florida Residential Code, Residential.
SECTION 202 (IFGC) GENERAL DEFINITIONS
[BS] DESIGN FLOOD ELEVATION. The elevation of the"design flood,"including wave height, relative to c
the datum specified on the community's legally designated flood hazard map. In areas designated as c
Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's N
perimeter plus the depth number(in feet)specified on the flood hazard map. In areas designated as Zone N
AO where a depth number is not specified on the map, the depth number shall be taken as being equal to
2 feet(610 mm).
[BS] FLOOD HAZARD AREA. The greater of the following two areas:
1. The area within a floodplain subject to a 1 percent or greater chance of flooding in any given year.
2. This area designated as a flood hazard area on a community's flood hazard map, or otherwise Q
CN
legally designated.
CHAPTER 3 GENERAL REGULATIONS
c
[BS] 301.11 [General] Flood hazard. For structures located in flood hazard areas, the appliance, T
equipment and system installations regulated by this code shall be located at or above the elevation
required by Section 1612 of the Florida Building Code, Building for utilities and attendant equipment.
Exception: The appliance, equipment and system installations regulated by this code are permitted 0
to be located below the elevation required by Section 1612 of the Florida Building Code, Building for
utilities and attendant equipment provided that they are designed and installed to prevent water from
entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads
and stresses, including the effects of buoyancy, during the occurrence of flooding to such elevation.
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7t'Ed.FBC,M,P,FG(November 2020) 39 of 39
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Exhibit 3
S.4.e
HIGHLIGHTS OF ASCE 24-14 Flood Resistant Design and Construction
Published by the American Society of Civil Engineers (ASCE),Flood
Resistant Design and Construction, ASCE 24, is a referenced standard in the
International Codes®(I-Codes®). ASCE 24 states the minimum requirements
and expected performance for the siting and design and construction of
buildings and structures in flood hazard areas that are subject to building code
requirements. Types of buildings and structures are described in ASCE 24-14,
Table 1-1 (see page 5 of these Highlights), and include commercial,
residential, industrial, educational, healthcare, critical facilities, and other
occupancy types. Buildings and structures designed according to ASCE 24 are
better able to resist flood loads and flood damage.
FEMA deems ASCE 24 to meet or exceed the minimum National Flood W
Insurance Program (NFIP)requirements for buildings and structures. ASCE 24 includes additional
specificity, some additional requirements, and some limitations that are not in NFIP regulations.
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Buildings and structures within the scope of the IBC and proposed to be located in any flood hazard area
must be designed in accordance with ASCE 24. The 2015 I-Codes reference ASCE 24-14, while the
2006 through 2012 I-Codes reference ASCE 24-05. The International Residential Code requires a
dwellings in floodways to be designed in accordance with ASCE 24, and the 2015 edition of the IRC _
allows use of ASCE 24 for dwellings in any flood hazard area(the 2012 and 2009 editions allow use of
ASCE 24 in Coastal High Hazard Areas). V_
A summary of significant technical
Highlights of ASCE 24-14 that complement the NFIP revisions from ASCE 24-05 to ASCE U
minimum requirements are described below. 24-14 is reproduced on page 6 of these
Highlights.
Building Performance
• Flood loads and other loads and load combinations are specified in ASCE 7-10, Minimum Design
Loads for Buildings and Other Structures. Performance of foundations exposed to flooding is W
specified in ASCE 24. Soil characteristics and underlying strata, including soil consolidation,
expansion or movement, erosion and scour, liquefaction and subsidence must be considered, as -
applicable.
• Flood Design Classes replace Occupancy/Risk Categories for the purpose of establishing elevations of
lowest floors, flood-resistant materials, equipment and floodproofing. The 2015 International Building
Code requires designers to identify the Flood Design Class assigned in accordance with ASCE 24-14. X
• Elevation and Freeboard (additional height above the NFIP's base flood elevation) are specified as a
function of the Flood Design Class and the nature of the
flood hazard areas (see table on page 4 of these Highlights). ASCE 24 uses `design flood' and W
`design flood elevation' to acknowledge N
Essential facilities (Flood Design Class 4) must be elevated that some communities adopt flood V_
or protected to the BFE+ 2 ft or 500-year flood elevation, hazard maps that depict flood hazard
whichever is higher. areas in addition to Special Flood
• Elevation requirements in Zone V and Coastal A Zones are
Hazard Areas shown on FEMA's Flood
Insurance Rate Maps (FIRM).
independent of orientation of the lowest horizontal structural
member(relative to direction of wave approach) as a factor The design flood elevation (DFE)
in determining the required freeboard (ASCE 24-05 made equals the base flood elevation (BFE)
elevation a function of orientation of the lowest horizontal in communities that regulate based on
structural member relative to the direction of wave FIRMs. The DFE is always equal to or
approach). higher than the BFE.
Highlights of the ASCE 24-14 (rev. July 2015) 1
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• Fill is required to be stable under conditions of flooding, including rapid rise and rapid drawdown,
prolonged inundation, and erosion and scour. Compaction of structural fill is specified unless
otherwise required by the building code or in a geotechnical or engineering report. Fill side slopes
must be no steeper than 1:1.5.
• Two methods are specified to meet the requirements for flood openings in walls of enclosures below
elevated buildings, to allow for the automatic entry and exit of floodwater: nonengineered openings
that do not require certification (1 sq in per sq ft of enclosed area) and engineered openings that must
be certified by a registered design professional. The performance of engineered openings must account _
for the presence of louvers, blades, screens, grilles, faceplates, or other covers and devices and must
ensure that the difference between the exterior and interior floodwater levels does not exceed 1 foot. 0
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Installation of all flood openings must be in at least two walls and must be no more than 1 foot above
the higher of the interior grade or floor and the finished exterior grade immediately under each
opening. w
• All breakaway walls in all flood hazard areas must have flood openings (ASCE 24-05 did not require
flood openings in Zone V breakaway walls).
• Provisions are included for attached and detached decks and porches, and for garages, carports, and
accessory storage structures.
• Provisions are listed for concrete slabs-on-grade, depending on the purpose and location of the slabs. 0
• Stairways and ramps must be designed and constructed to resist flood loads and to minimize transfer U_
of flood loads to foundations, or to break away without causing damage to the main structure, or to be
retractable/able to be raised.
• Where stairways are located inside areas enclosed with breakaway walls, exterior doors are required at U
the main building entry at the top of the stairs, to minimize entry of wind-driven rain and wave splash
after breakaway walls have failed. MT
• In Coastal High Hazard Areas (Zone V) and Coastal A Zones: CN
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— Coastal A Zones are treated like Coastal High Hazard Areas if FEMA has delineated a Limit of U
Moderate Wave Action, or if the community has designated a Coastal A Zone. <
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- Buildings must be supported on piles, drilled shafts, caissons, or other deep foundations (including 0
U)
columns, and shear walls) and foundation depth must take into account erosion and local scour.
— Stem walls supporting floors and backfilled with soil or gravel are allowed in Coastal A Zones if
designs provide for the effects of local scour and erosion. g'
X
— Requirements are included for shallow foundations in circumstances where soil conditions prevent
deep foundations.
— Provisions are provided for pile foundations, attachment to piles, and different types of piles (wood, X
steel H, concrete-filled steel pipe,prestressed concrete,precast concrete, cast-in-place concrete). N
— Provisions are provided for pile design (capacity, capacity of supporting soils, minimum
penetration, spacing, connections, splicing, and mixed and multiple types of piles).
— Provisions are provided for footings, mats, rafts, slabs-on-grade,pile caps, grade beams, bracing, E
and shear walls.
— Walls designed to break away must not produce debris that is capable of damaging structures.
— Erosion control structures (bulkheads, seawalls, revetments) must not be attached to buildings or
direct floodwater into or increase flood forces or erosion impacts on structures.
— Pools must be elevated, or designed to breakaway without producing damaging debris, or designed
to remain in the ground without obstructing flow that causes damage. Pools must be structurally
independent of buildings and structures unless pools are located in or on elevated floors or roofs
that are above the design flood elevation.
Highlights of the ASCE 24-14 (rev. July 2015) 2
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• Dry floodproofed nonresidential buildings and non-residential portions of mixed-use buildings:
— The terms "mixed use" and"residential portions of mixed use"now are defined in Commentary.
— Dry floodproofing measures are not permitted in Coastal High Hazard Areas, Coastal A Zones,
High Risk Flood Hazard Areas, where flood velocities exceed 5 ft/sec, and where conformance with
certain human intervention limits cannot be achieved.
— At least one exit door or emergency escape/rescue opening must be provided above the elevation
specified for dry floodproofing.
— If dry floodproofing measures specified require human intervention to activate or implement, there
must be a minimum warning time of 12 hours unless a community warning system provides a
0
warning time sufficient to accomplish certain activities. If removable shields are approved as part of
design, flood emergency plans must address specified elements and actions and must be posted in at 0
least two conspicuous locations.
Flood Damage-Resistant Materials
• Flood damage-resistant materials must be used below specified elevations (see table on page 4). U
• Metal connectors and fasteners exposed to salt water, salt spray or other corrosive agents must be
stainless steel or equivalent corrosion resistant material, or hot-dipped galvanized after fabrication.
• Where preservative treated wood is required, treatment must be in accordance with AWPA C.
requirements. 0
Attendant Utilities and Equipment N
• Attendant utilities and equipment must be at or above specified elevations (see table on page 4), or
must be specifically designed, constructed, and installed to prevent floodwaters from entering or
accumulating within components.
• Fuel supply lines must be equipped with float operated automatic shut-off valves.
• Where required to meet life safety provisions of the code, certain exterior electrical components may
be installed below the design flood elevation,provided they are installed on a non-breakaway W
structural element on the landward or downstream side of structures. U
LO
• Tanks that are below the design flood elevation and that are attached to or beneath buildings must be -
installed and anchored to resist at least 1.5 times the potential buoyant and other flood forces assumed
to act on empty tanks.
• Elevator cabs that descend below the design flood elevation must be equipped with controls that
prevent the cab from descending into floodwaters. Elevator shafts must be designed to resist flood
loads, but are not required to have flood openings or breakaway walls.
Siting Considerations
• New buildings must not be built(1) seaward of the reach of mean high tide, or(2) in areas subject to
flash flooding (floodwaters rise to 3 feet or more above banks in less than 2 hours). Unless protected,
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new buildings must not be built(1) in erosion-prone areas (determined by analysis); or(2) in mudslide
areas (determined by analysis); or(3) in certain portions of alluvial fan areas; or(4) in high velocity
flow areas (faster than 10 ft/sec); or(5) in ice jam and debris areas.
• Buildings in proximity to flood protective works (dams, levees, floodwaers, diversions, channels, flood
control structures) must not have adverse effects on, or conflict with, maintenance and repairs of those
protective works.
Prepared by FEMA Building Science Branch. Content from ASCE 24-14 used with permission from
ASCE. Purchase ASCE 24 at www.asc".
Highlights of the ASCE 24-14 (rev. July 2015) 3
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page p 5
See next a e for description of Flood Design Classes�
Minimum Elevation*of Zone A not identified DFE BFE +1 ft or BFE +1 ft or BFE +2 ft or DFE,or
Lowest Floor as Coastal A Zone DFE, DFE, 500-year flood elevation,
(Zone A: ASCE 24-14 whichever is whichever is whichever is higher
Table 2-1) higher higher
Minimum Elevation of Coastal High Hazard DFE BFE +1 ft or BFE +2 ft or BFE +2 ft or DFE, or
Bottom of Lowest Areas(Zone V)and DFE, DFE, 500-year flood elevation,
Horizontal Structural Coastal A Zone whichever is whichever is whichever is higher
Member higher higher
0
(Zone V: ASCE 24-14
Table 4-1)
Minimum Elevation Zone A not identified DFE BFE +1 ft or BFE +1 ft or BFE +2 ft or DFE,or
Below Which Flood- as Coastal A Zone DFE, DFE, 500-year flood elevation, U)
Damage-Resistant whichever is whichever is whichever is higher
Materials Shall be Used higher higher
(Table ASCE 24-14 5-1) Coastal High Hazard DFE BFE +1 ft or BFE +2 ft or BFE +2 ft or DFE,or
Areas(Zone V)and DFE, DFE, 500-year flood elevation,
CL
Coastal A Zone whichever is whichever is whichever is higher
higher higher 0
CN
CN
Minimum Elevation**of Zone A not identified DFE BFE +1 ft or BFE +1 ft or BFE +2 ft or DFE, or
Utilities and Equipment as Coastal A Zone DFE, DFE, 500-year flood elevation, cs
(ASCE 24-14 Table 7-1) whichever is whichever is whichever is higher U
higher higher
Coastal High Hazard DFE BFE +1 ft or BFE +2 ft or BFE +2 ft or DFE, or
Areas(Zone V)and DFE, DFE, 500-year flood elevation,
Coastal A Zone whichever is whichever is whichever is higher CN
higher higher
U
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Minimum Elevation of Zone A not identified BFE +1 ft or BFE +1 ft or BFE +1 ft or BFE +2 ft or DFE,or o
Dry Floodproofing of as Coastal A Zone DFE, DFE, DFE, 500-year flood elevation,
non-residential whichever is whichever is whichever is whichever is higher
structures and non- higher higher higher
residential portions of Coastal High Hazard Not permitted Not permitted Not permitted Not permitted
mixed-use buildings Areas(Zone V)and
(ASCE 24-14 Table 6-1) Coastal A Zone
Minimum Elevation of Zone A not identified BFE +1 ft or BFE +1 ft or BFE +1 ft or BFE +2 ft or DFE, or
X
Wet Floodproofing*** as Coastal A Zone; DFE, DFE, DFE, 500-year flood elevation,
Coastal A Zone; whichever is whichever is whichever is whichever is higher �
(ASCE 24-14 Table 6-1) Coastal High Hazard higher higher higher
Areas(Zone V)
* Flood Design Class 1 structures shall be allowed below the minimum elevation if the structure meets the wet fl oodproofi ng
requirements of ASCE 24-14 Section 6.3.
** Unless otherwise permitted by ASCE 24-14 Chapter 7
*** Only if permitted by ASCE 24-14 Section 6.3.1
Highlights of the ASCE 24-14 (rev. July 2015) 4
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ASCE 24-14 Table 1-1 Flood Design Class of Buildings and Structures
Flood
Use or Occupancy of Buildings and Structures Design
Class
Buildings and structuresthat normally are unoccupied and pose minimal risk to the public or minimal
disruption to the community should they be damaged or fail due to flooding. Flood Design Class 1 includes(1)
temporary structures that are in place for less than 180 days, (2)accessory storage buildings and minor storage
facilities(does not include commercial storage facilities), (3)small structures used for parking of vehicles, and
(4)certain agricultural structures. [Note(a)]
Buildings and structures that pose a moderate risk to the public or moderate disruption to the community should 2
they be damaged or fail due to flooding, except those listed as Flood Design Classes 1, 3, and 4. Flood Design
Class 2 includes the vast majority of bui Idi ngs and structures that are not specifically assigned another Flood 0
Design Class, including most residential, commercial, and industrial buildings.
Buildings and structuresthat pose a high risk to the public or significant disruption to the community should 3
they be damaged, be unable to perform their intended functions after flooding,or fail due to flooding. Flood U)
Design Class 3 includes(1) buildings and structures in which a large number of persons may assemble in one
place,such as theaters, lecture halls, concert halls, and religious institutions with large areas used for worship;
(2) museums; (3)community centers and other recreational facilities; (4)athletic facilitieswith seating for
spectators; (5)elementary schools,secondary schools, and buildingswith college or adult education
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classrooms; (6)jails, correctional facilities, and detention facilities; (7)healthcare facilities not having surgery a
or emergency treatment capabi I i ti es; (8)care faci I i ti es where residents have I i mi ted mobi I i ty or abi I i ty, 0
including nursing homes but not including care faci I ities for five or fewer persons; (9) preschool and child care
facilities not located in one-and two-family dwellings; (10) buildings and structures associated with power N
generating stations,water and sewage treatment plants,telecommunication facilities, and other utilitieswhich,
if their operationswere interrupted by aflood,would cause significant disruption in day-to-day life or
significant economic losses in acommunity; and(11)buildings and other structures not included in Flood U
Design Class4(including but not limited to facilities that manufacture, process, handle,store, use,or dispose of
such substances as hazardous fuels, hazardous chemicals, hazardouswaste,or explosives)containing toxic or
explosive substances where the quantity of the material exceeds a threshold quantity established by the
authority having jurisdiction and is sufficient to pose a threat to the public if released. [Note(b)] N
Buildings and structures that contain essential facilities and services necessary for emergency response and 4
recovery,or that pose a substantial risk to the community at large in the event of failure,disruption of function,
or damage by flooding. Flood Design Class 4 includes(1)hospitals and health care faci I i ti es having surgery or 0
emergency treatment facilities; (2)fire, rescue, ambulance, and police stations and emergency vehicle garages;
(3)designated emergency shelters; (4)designated emergency preparedness, communication, and operation
centers and other facilities required for emergency response; (5) power generating stations and other public
utility facilities required in emergencies; (6)critical aviation facilities such as control towers, air traffic control
centers, and hangars for aircraft used in emergency response; (7)anci I I ary structures such as communication
towers, electrical substations,fuel or water storage tanks,or other structures necessary to allow continued
functioning of a Flood Design Cl ass 4 facility during and after an emergency; and(8) bui Idi ngs and other
structures(including, but not I i mi ted to,facilities that manufacture, process, handle,store, use,or dispose of
such substances as hazardous f uel s, hazardous chemicals,or hazardous waste)containing sufficient quantities
of highly toxic substances w here the quantity of the material exceeds a threshold quantity establ fished by the N
authority having jurisdiction and is sufficient to pose a threat to the public if released. [Note(b)] T.
[Note(a)] Certain agricultural structures may be exempt from some of the provisionsof this standard;see ASCE 24-14 Section C1.4.3.
[Note(b)] B ui I di ngs and other structures contai ni ng tox i c,highly toxic,or expl od ve substances shal I be eligible for asdgnmenttoa
I ower FI ood Desi gn CI ass i f i t can be demonstrated to the sati stacti on of the authori ty havi ng j uri sdi cti on by a hazard moment as
descri bed i n ASCE 7-10 Section 1.5.3 of Minimum Design Loads for Buildings and Other Structures that a rel ease of the substances i s
commensurate wi th the risk associatedwith that Flood Design Class.
Highlights of the ASCE 24-14 (rev. July 2015) 5
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Significant Technical Revisions
ASCE 24-14 lists a number of significant technical revisions from the 2005 edition:
1. Defines Flood Design Class rather than use Risk/Occupancy Classification assigned under
ASCE 7 and requires each building or structure governed by the standard to be assigned to Flood
Design Class 1, 2, 3, or 4. Uses the assigned Flood Design Class to apply elevation requirements
specified in Chapters 2, 4, 5, 6 and 7. Flood Design Class 4 buildings and facilities are 0
equivalent to Occupancy Category/Risk Category IV buildings, which ASCE 7-10 identifies as
essential facilities. 2
2. Adds definitions for Mixed Use and Residential Portions of Mixed Use in commentary to clarify
limitations on use of dry floodproofing measures.
3. Changes the Coastal A Zone determination requirement from the designer's responsibility to one 0
depending on either: 1) delineation of a Limit of Moderate Wave Action (LiMWA) on a Flood
Insurance Rate Map, or 2) designation by the Authority Having Jurisdiction.
4. Separates specifications for flood openings from the installation requirements. Requires the
presence of louvers, blades, screens, faceplates, or other covers and devices to be accounted for 0
in determining net open area for non-engineered openings and in determining the performance of N
engineered openings. Revises coefficient of discharge table for engineered flood openings. Adds
commentary regarding selection of coefficient of discharge and for grouping or stacking of flood
openings. U
a
5. For Flood Design Class 4 buildings, requires the minimum lowest floor elevation (or
MT
floodproofing level of protection)to be the higher of: the Base Flood Elevation plus freeboard
specified in Chapters 2, 4 and 6, the Design Flood Elevation, or the 500-year flood elevation. N
The 500-year flood elevation requirement is new. U
6. Clarifies text pertaining to alluvial fan high risk flood hazard areas.
4-
7. In coastal high hazard areas (V Zone) and Coastal A Zones (if delineated): 0
U)
a. Makes explicit that designs must account for local scour and erosion
b. Provides for shallow foundations in Coastal A Zones under certain circumstances
c. Requires flood openings in breakaway walls X
M
d. Eliminates orientation of the lowest horizontal structural member as a factor to determine
elevation for lowest floors, equipment, and flood damage-resistant materials
e. Requires exterior doors at the top of stairways that are located inside enclosed areas with N
breakaway walls
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f. Consolidates requirements for all nonstructural concrete slabs
g. Allows substantial improvement of existing buildings seaward of the reach of mean high
tide in V zones (makes ASCE 24 consistent with NFIP) and Coastal A Zones.
8. Updates flood damage-resistant material requirements.
9. Clarifies emergency escape and rescue opening requirements for dry floodproofed buildings.
10. Clarifies requirements for garages, carports, and accessory storage structures. Adds new section
for multistory parking structures.
11. Consolidates requirements for tanks and more clearly distinguishes between requirements based
on flood hazard area.
Highlights of the ASCE 24-14 (rev. July 2015) 6
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Exhibit 4
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FEMA
'Mr
POLICY:FEMA
Requirements Ir Agriculturaltr r
Accessoryand r to r
FEIVIA Policy 1 4-0 -03
0
Date Issued: February 2020
U)
BACKGROUND
This policy is intended to provide clarification and technical assistance to National Flood
Insurance Program (N'FIP) tate/Tri'be/Territory Coordinators and local floodplain
administrators regarding implementation of the NFIP design and performance standards _
for agricultural structures and accessory structures. This polio establishes standards for N
these structures, as defined in this policy, which are located within the Special Flood
Hazard Areas ( FHAs) designated in FEMA's Flood Insurance Studies and effective
Flood Insurance Rate Maps. This policy clarifies the requirements for granting variances U
and exceptions to the NAP design and performance standards for agricultural and
accessory structures in accordance with current FEMA regulations.
00
This policy supersedes portions of existing FEIVIA guidance related to agricultural
structures and accessory structures found in NFIP Technical Bulletin 1 "Openings in
Foundation Walls, and Walls of Enclosures," NAP Technical Bulletin g "Free-of 2
Obstruction Requirements,"' and NFIP Technical Bulletin 7 `Wet Floodproofing 0
Requirements." This policy also supersedes all specific communications and guidance on
this subject from FEA Regional Offices. In the event of a conflict between this policy
and prior FE A policies, bulletins, or guidance, this policy shall take precedence. �
PURPOSE
The purpose of thiis policy is to acknowledge the unique characteristics and uses of
agricultural structures and accessory structures within the SFHA to ensure Sound
development and promote public health, safety, and welfare.. This policy clarifies the
definition of agricultural structures and accessory structures and establishes a clear,
consistent process for ensuring compliance with NFIP design and' performance standards
for those structures located within the FHA.
Agricultural structures and accessory structures are non-residential structures, and' the
NFIP requires new construction and: substantial limprovements of non-residential
structures in SFHAs to be elevated or dry floodproofed to or above the Base Flood
Elevation (BFE). Dry flooldproofing is not permissible in V Zones ( ", VE" V`l-' -30), which
are defined on the effective Flood Insurance Rate Map. However, in accordance with the
NFIP design and performance standards for floodplain management, wet floodproofing,
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a
r
as applied to buildings constructed at-grade, below the required elevation, or elevated' on
fill, may be an allowable alternative mitigation technique for certain agricultural structures
and accessory structures.
This policy does not provide clarification on eligibility or application of federal flood
insurance for agricultural structures or accessory structures. Agricultural and accessory
structures are generally eligible for federal flood insurance coverage under the NFIP. See
FEMA°s Flood Insurance Manual for information on the rules governing NFIP building
coverage and/or contents coverage, including agricultural and accessory structures (a
I-
amendled).
PRINCIPLES
This policy explains the rninimurn requirements for agricultural structures and accessory W If
structures in general and the criteria for when and how wet floodproofing instead of
elevating or dry floodproofing may be used in specific situations in accordance with
current FEMA regulation and consistent with the principles outlined below. 0
A. Promote smart development and mitigation strategies for agricultural and accessory N
structures.
B. Provide clarity on how to meet the floodplain management and design and
performance standards for construction of agricultural and accessory structures,
especially in wide and deep floodplains.
C. Reduce the financial burden of meeting design and performance standards for certain
00
low damage potential agricultural and accessory structures.
REQUIREMENTS
This section provides the NFIP floodplain management development requirements and
design and performance standards for agricultural structures and accessory structures
located within the SFHA and the requirements for granting exceptions to the minimum
standards.
A. DEFINITIONS OF AGRICULTURAL STRUCTURE AND ACCESSORY
STRUCTURE
Outcome: FEMA provides a clear NFI!P definition of agricultural structures and accessory W
structures for floodplain management purposes, consistent with the National Flood' IV-
Insurance Act of 1988 (NFIA) and the NFIP regulations.
1. An agricultural structure means a structure, as defined in 44 C.F.R. § 59.11, that its �
used exclusively in connection with the production, harvesting, storage, raising, or
drying of agricultural commodities and livestock; an agricultural structure specifically
excludes any structure used for human habitation.
a, Agricultural structures are considered "wallled and roofed" when the structure
includes at least two outside rigid walls and a fully secured roof.
b. The NFIP recognizes aquaculture to be farming that is conducted in water. As
such, the NFIP considers an aquaculture structure to be included within the
i
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wge?
NFIP definition of agricultural structure for floodplailn management purposes,
provided that:
L The a uaculture structure meets the NFIP definition of a structure as
defined in 44 C.F.IR. § 59.1, for floodplain management purposes (walled
and roofed'), where walled' and' roofed shall be interpreted as having at
least two outside rigid walls and a fully secured' roof; and
ii. The aquaculture structure is used exclusively for the production,
harvesting, storage, raising, or drying of aquatic animals or plants. 0
c. The following may be related to agricultural purposes or uses but are generally
not considered' to be agricultural structures by the N'FIP:
i. Structures that do not meet the exclusive use requirement of the NFIP
definition of agricultural structure, such as,
1. Structures used for human habitation, whether as a permanent
residence or as temporary or seasonal living quarters,
2. Structures used by the public, such as a place of employment or
entertainment',; and 0
. Structures with multiple, or imixed!, uses where one or moire use CN
does not meet the definition of agricultural structure. CN
ii. Development that does not rneet the NFIP definition of a structure for
floodplain management purposes. Examples include, but are not U
necessarily limited to, a pole barn (roofed but not walled) or a holding
pen or aquwuaculture tank/pool (walled but not roofed).
2. An accessory strtictu re means a structure, as defined in 44 C F R § 59.1, that is on CO
the same parcel of property as a principal structure and the use of which is incidental ,
to the use of the principal structure; an accessory structure specifically excludes
structures used for human habitation.
a, accessory structures are considered walled and roofed where the structure
includes at least two outside rigid walks and a fully secured roof.
b. Examples of accessory structures include but are not necessarily limited to
two-car detached garages (or smaller), carports, storage and tool sheds, and
small boathouses.
c. The following may have uses that are incidental or accessory to the principal
structure on a parcel but are generally not considered to be accessory
structures by the NFIP:
i'. Structures in which any portion is used for human habitation, whether as :
a permanent residence or as temporary or seasonal living quarters,
such as a detached garage or carriage house that includes an E
apartment or guest quarters, or a detached guest house on the same
parcel as a principal residence; °
H. Structures used by the public, such as a place of employment or
entertainment; and
iii. Development that does not meet the NFIP definition of a structure for
floodplain management purposes. Examples includes, but are not
necessarily limited' to, a gazebo, pavilion, picnic shelter, or carport that is
open on all sides (roofed' but not walled).
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x,M�1t 7Att+9
FEMA
R. NFIP M'If I'MUM FLO+JDPLAIN' MANAGEMENT REQUIREMENTS FOR
AGRICULTURAL STRUCTURES AND ACCESSORY STRUCTURES
Outcome: FERIA specifies clear construction requirements for, agricultural structures and
accessory structures located in the SFIA. Agricultural and accessory structures are not
exempt from NFIP flloodplain management requirements.
In addition to enforcing all other design and performance standards identified in 44 C.F.R.
0.3 applicable to non-residential structures, communities must: a
1. Require that new construction and substantial improvements of non-residential
structures in the SFHA be constructed with the lowest floor elevated to or above the
BFE or, together with attendant utility and sanitary facilities, be dry floodproofed to or
above the EFE.
2. Require that enclosed areas below the lowest floor of non-residential structures used
solely for building access, parking, or Iimited storage must include, at a iminimum, CL
adequate flood opening designed to automatically equalize hydrostatic flood forces. 0
3, Require that areas below the lowest floor within V Zones „ VE, V14-30) be free of j
obstruction or constructed with iron-supporting breakaway walls, open wood lattice N
work, or insect screening intended to collapse under wind and water loads without
causing collapse or structural darnage to the elevated portion of the building or
foundation system.
4. Obtain and maintain a record of the certified elevation of the lowest floor for all' new
construction and substantial improvements and, where applicable„ the certified
00
elevation to which the structure has been dry floodproofed.
C. EXCEPTIONS TO THE NFIP MINIMUM FLOODP"LAIN MANAGEMENT
REQUIREMENTS FOR AGRICULTURAL STRUCTURES AND ACCESSORY
STRUCTURES
Outcome: F'EMA articulates clear requirements fair granting exceptions to the NFIP
minimum design and performance standards for agricultural structures and accessory
structures.
1, Agricultural Structures Crr ly. Per Section 1311 (a)( )(A) of the NFIA, agricultural
structures, located in the SFHA that are designated as repetitive loss„ as defined in the N
NFIA,, or substantially damaged by flood may be repaired and restored to pre-
damaged conditions under the following criteria:
a. Damage must be from flooding alone and must meet the community's
substantial damage threshold. If damage is caused by other hazards, or a mix
of hazards, the agricultural structure must meet elevation or dry floodproofing
requirements when repaired or restored or wet floodproofing if it qualifies per
this, policy.
b. The language of the local jurisdiction's land use provision must be reviewed
and approved by FERIA to confirm consistency with the NFIP design and
performance standards, and it must be incorporated into the local floodplain 1
management regulations.
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FEMA
c. The repair or restoration must be to pre-damaged condition only. Substantial)
improvements require the agricultural structure to meet elevation or dry
floodproofing requirements or wet floodproofing if it qualifies per this policy.
d. Repair and restoration to pre-damaged condition, requires issuance of a
floodplain development permit for each occurrence.
e. In accordance with Section 1 15(a)( )(C) of the NFIA, disaster assistance
under any program administered by the Administrator or any other federal
agency is not available for agricultural structures repaired or restored to pre- 0
damaged condition.
f. In accordance with Section 1 16(a)( )(S) of the NFIA, FEMA may deny federal
flood insurance coverage unless the agricultural structure is wet floodproofed,
consistent with the design and performance standards of 44 C.F.R.
01. (c)(6).
. ApIricultural Structures and Accessory Structures. The community may allow
certain agricultural and/or accessory structures located in the SFHA to be wet
floodproofed in lieu of the elevation or dry floodproofing requiirement, via variance, 0
under the following conditions;
a. In accordance with the provisions of 44 C.F.R. § 66.6(a), the owner of ain
agricultural or accessory structure may request a variance from the appropriate
local authority to allow certain agricultural or accessory structures located in U
the SFHA to be wet floodproofed in lieu of the elevation or dry floodproofing
requirement of the NFIIP. Communities must have a mechanism to ensure
compliance with this policy and should include within their floodplain 00
management regulations the criteria for an agricultural or accessory structure ,
to receive a variance to wet floodproof in lieu of elevation or dry floodproofing.
ii. The variance must be for an individual agricultural or accessary
structure as defined in this policy.
ii. Justification for the variance must be on a case-by-case basis in
accordance with the criteria established in 44 C.F.R. § 60.6(a), and the
variance application and community documentation must address the
following:
1. The agricultural or accessory structure must rneet the definition of
structure, for floodplaio managemer7t purposes, provided in 44
C.F.R,. § 59.1, where walled and roofed shall be interpreted as N
having at least two outside rigid walls and a fully secured roof.
g. An accessory structure is small and represents a minimal
investment.
An agricultural structure has a low damage potential and is
located in an A Zone (A, AE, Al-A ID, AR, A"g'g). '
4. A description of the exceptional hardship that the applicant would
incur if a variance were not granted must be included.
6. The agricultural or accessory structure must meet the definition of
agricultural) or accessory structure, including the exclusive use
requirements provided in this policy.
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6. The agricultural or accessory structure must be anchored to resist
flotation, collapse, and lateral movement.
T The portions of the agricultural or accessory structure located
below the BFE must be constructed with flood-resistant materials.
8. Mechanical and utility equipment for the agricultural or accessory
structure must be elevated or dry floodproofed to or above the
BFE.
g. The agricultural or accessory structure must comply with, the
floodway encroachment provisions of the NFIP.
10.The agricultural or accessory structure must be wet floodproofed
to protect the structure from hydrostatic pressure. The design
must meet the NFIP design and performance standards for
openings per 44 C.F.R. § 661.3(c)(6) and must allow for the
automatic entry and exit of floodwaters without manual operation
or the presence of a person (or persons).
iiii. The variance must provide the minimum relief necessary. 0
iv. The variance must restrict use of the agricultural or accessary structure;
in accordance with the exclusive use requirement of the NFIP definition N
provided in this policy.
V. In accordance with FEMA regulation and guidance, owing to the U
increased risk to public safety, a variance; for wet floodproofing in lieu of
elevation or dry floodproofing is not recommended for: ,
1. An agricultural l structure located in a V Zone (V, VE, V1-V-36). 00
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Wet floodproofing and breakaway walls below a compliant
elevated) structure is permissible without a variance.
2. An agricultural or accessory structure which, if flooded, would
create a threat to public safety, health, and welfare. Such
structures include but may not be limited to confinement
operations; structures with liquefied natural) gas terminals; and
facilities producing and storing i hiighily volatile, toxic, or water-
reactive materials. Ideally, these structures should be located
outside of the SFHA; however, when located within the SFHA, 1
these structures must be elevated or dry floodproofed in X
accordance with NFIP design and performance standards.
b. In accordance with the provisions of 44 C.F.R. § 60.6(b), a community may
request a community-wide exception from FEMA to allow certain agricultural or
accessory structures located in the SFHA to be wet floodproofed in lieu of the
elevation or dry floodproofing requirement of the NFIP.
i. The community must submit a request, in writing, to its respective FEMA
Regional Office, including:
1. The nature, extent of, and reasons for the exception
2. A description of the extraordinary circumstances and local
conditions that cause a hardship or inequity for elevating or dry
floodproofing agricultural or accessory structures
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FEMA
. Sufficient supporting justification, whiich may include community-
wide economic impacts; environmental, topographic, hydrologic,
and hydraulic conditions and data; other scientific and technical
data; and data demonstrating the impact on public safety and
welfare and the environment
4. Sufficient supporting information regarding other planning
considerations and factors that justify wet flood'proofing as an
appropriate alternative mitigation design, which may include 0
flooding characteristics (frequency, duration, depth); flood
warning time; safety and access; emergency operations plans;
protection of contents and equipment; and any other conditions,
requirements, or restrictions the community proposes to enforce
for an agricultural and/or accessory structure to be eligible for the
exception to wet floodproof
. The proposed regulations language for allowing certain
agricultural or accessory structures to be wet floodproofed, 0
consistent with the minimum criteria outlined,! in Section C, Part
2(a) of this policy
ii. The FEMA Regional Office will complete an initial review and evaluation
of the request and work with the community to ensure sufficient U
documentation and justification for the request has been received prior
to submitting the request to FEMA Headquarters for final review and
approval. 00
iii. FEMA will prepare a Special Environmental Clearance to determine ,
whether the proposed community-wide exception will have a significant
impact on the human environment. The decision to prepare an
Environmental Impact Statement, or ether environmental
documentation, will be made in accordance with FEINA Directive 1 08-1
and FEMA Instruction 1 g -1-1. This, will be part of FEMA's assessment
of how applicable environmental and historic preservation laws,
regulations, Executive Orders, and agency policy apply to proposed
federal actions.
iv. After review and evaluation of the request, the FEMA Regional Office W f
will notify the community whether the requested' community-wide N 1
exception is approved'.
It-
1. If the request is denied, the FEMA Regional Office will provide an
explanation for the denial. E
2. If the request is approved, the FEMA Regional Office will provide
technical assistance, as necessary, to ensure the regulations
languagie is sufficient and consistent with the requirements of the
approved community-wide exception.
. Accessory Structures Only. The community may allow certain accessory structures 1
located in the SFHA to be wet floodproofed in lieu of the elevation or dry fl'oodproofing 1
requirement, without a variance, under the following conditions; f
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FEMA
a. Communities must have a mechanism to ensure compliance with this olio
p policy
and should include within their FEMA-approved flloodplain management
regulations the criteria for an accessory structure to be wet floodproofed in lieu
of elevation or dry floodproofing without a variance.
i. The accessory Structure must meet the defin,itiion of structure, for
floodpWn management purposes, provided in 44 C.F.R. § 59.1,
where walled and roofed shall be interpreted as having two �, l
outside rigid walls and a fully secured roof. 0
ii. The accessory structure should be small', as defined by the
commiunity and approved by FEMA, and represent a minimal
investment. Accessory structures of any size may be considered
for a variance; however, FEfVIA considers accessory structures
that meet the following criteria to be small and therefore not
necessarily in need of a variance„ if the comumiunity chooses to
allow it:
1. Located in an A Zone (A, AE„ Al-A30, AR, A99) and less 0
than or equal to the size of a one-story, taro-car garage.
2. Located in a V Zone (V, VE, V1-V-30) and less than or
equal to 100 square feet.
iii. The accessory structure must be anchored to resist flotation, U 1
collapse, and lateral movement.
iv. The portions of the accessory structure located below the BF'E
must be constructed with flood-resistant materials. 0
v. Mechanical and utility equipment for the accessory Structure r
must be elevated or dry flo�odproofed to or above the BFE. It- j
vi. The accessory structure must comply with the floodwway > j
encroachment provisions of the NFIR
vii. The accessory structure must be wet floodproofed to protect the
structure from hydrostatic pressure. The, design must meet the
NFIP design and performance Standards for openings per 44 LL
C.F.I . § 60.3(c)(5) and must allow for the automatic entry and
exit of floodwaters without manual operation or the presence of a
person (or persons).
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David Maurstarl
1
EEIk A Deputy Associate Administrator for the
Federal Insurance and Mitigation Administration
( IMA)
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ADDITIONAL INFORMATION
REVIEW CYCLE
FEMA Policy#104-008-03: Floodplain Management Requirements for agricultural Structures and
Accessory Structures will be reviewed', reissued, revised, or rescinded within 4 years of the issue
date.
0
AUTHORITIES
A. Homeland Security act of 2002, Pub. L. No. 107-296
B. Executive Order 11988: Floodplain Management, 42 FR 26951, May 24, 1977
C. National Flood Insurance act of 19,68, as amended', 42 U.S.C. § 4001 et seq. U),
a�
REFERENCES
r
A. 42 U.S.C. 4022 and § 4102 State and Local Land Use Controls; Criteria for Land
Management Use 0
B�. 44 C.F.R. § 59.1 National Flood Insurance Program Regulations U_
C. 44 C.F.R. § 60.1 Purpose of Subpart A-- Requirements for Flood Plain Management �
Regulations
D. 44 C.F,R. § 60�.3 Flood Plain Management Criteria for Flood-Prone areas
E. 44 C.F.R. § 60.6 Variances and Exceptions U
F. American Society of Civil Englineers (ASCE) 24-14, Flood Resistant Design and
Construction, January 2014
O. International Code Council, International Building Code, August 2017 00
H. FEMA 480, National Flood Insurance Program Flooldplain Management Requirements,
February 2005
1. FEMA Flood Insurance Manual, National Flood Insurance Program, Effective April 2019
J. FEMA P-936, Roodproofing Non-Residential Buildings, July 2013
K. 'NFIP Technical Bulletin 1, Openings in Foundation Walls and Walls of Enclosures, August �'
2008
L. 1NFI'P Technical Bulletin 2„ Flood Damage-Resistant Materials Requirements, August 2008
LL
M. 1NFIP Technical Bulletin 3, Non-Residential Floodproofing -- Requirements and
Certification„ April 1993 °
N. 'NFIP Technical) Bulletin 5, Free-of-Obstruction Requirements, August 2008
O. INFIP Technical Bulletin 7, '+a+'et Floodiilproofing Requirements, December 1993 "
P. FEMA P-993, Floodplain Management Bulletin —Variances and the National Flood CN
Insurance Program, July 2014
It-
Q. FEMA Directive 108-1, Environmental Planning and Historic Preservation Responsibilities
and Program Requirements, August 2016
R. FEMA Instruction 108-1-1, Instruction on Implementation of the Environmental Planning
and Historic Preservation Responsibilities and Program Requirements„ August 2016
I
Reference items K - O are available at https://www.fema.gov/media-library/re!sources,-
�d+ocuments/collections/4
1
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Packet Pg.4529
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FEMA
DEFINITIONS
A Zone—designated in. FEMA's Flood Insurance Studies and Flood Insurance Rate Maps as
zones labeled A, AE, Al- 9, AK AO, and ARlA99
Accessory Structure— a structure, as defined in 44 C.F.R. § 59,1, which is on the sarne parcel
of property as a principal structure and the use of which is incidental to the use of the principal
structure; specifically excludes structures used for human habitation
0
Agricultural Structure— a structure, as defined in 44 C.F.R. § 59.1, which is used exclusively in
connection with the production, harvesting, storage, raising, or drying of agricultural commodities
and livestock; specifically excludes any structures used for human habitation
Base Flood Elevation (BFE) —the height of the flood having a 1 percent chance of being �
equaled or exceeded in any given year
CL
Community— any State or area or political subdivision thereof (such, as county, city, township„ 0
village), or any Indian tribe or authorized tribal organization, or Alaska Native village or authorized'
LL
native organization, which has authority to adopt and enforce floodplain management reguilations N
f'or the areas within its jurisdiction
Development—any man-made change to improved or unimproved real estate, including but not U
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials
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Dry Floodproofing —a combination of measures that results in a structure, including the
attendant utilities and equipment, being watertight with all elements substantially impermeable toCD
the entrance of floodwater and with structural components having the capacity to resist flood " I
loads U
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Exception — a waiver from the I II IP regulations for floodplain management requirements found
in 44 C,F.R. § 60, granted by FEMA and directed to a community, which relieves the community
from the requirements, regulation, order, or other determination made or issued pursuant to the U.
IFIA, as amended
Flood plainlFloodpronie Area — any land area susceptible to being inundated by water from any
source
Ir-
Floodplain Management—the operation of an overall program of corrective and preventive �
measures for reducing flood damage, including but not limited to emergency preparedness plans; E1
flood control works; and such State, Tribal, territorial, or local regulations, ordinances, and � l
building codes that provide standards for the purpose of flood damage prevention and reduction
Hardship the inability to comply with an NFIP floodplain management regulation and make
reasonable use of a property because of unusual physical and topographical conditions that are
unique to the property, are not caused by the applicant, and pertain to the land and not any
structures, its inhabitants, or the personal circumstances of the property owner
r
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Packet Pg.4530
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FEMA
Local Floodplain Administrator—the local official or other person designated by a community
as responsible for administering NFIP floodplain management regulations
Lowest Floor—the lowest floor of the lowest enclosed area of a structure, including a basement.
Any NFIP-compliant unfinished or flood-resistant enclosure used solely for parking of vehicles,
building access, or storage (in an area other than a basement) is not considered a structure's
lowest floor.
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National Flood Insurance Act of 1968 (NF1A) — created the Federal Insurance Administration 0 ,
and made federal flood insurance available for the first time
National Flood Insurance Program (NFIP)— a program enacted by Congress intended too
reduce the impact of flooding on private and public structures by making federal flood insurance U,
available within communities that adopt and enforce NFIP floodplain management regulations
New Construction — (for floodplain management purposes) structures for which the start of
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construction commences on or after the effective date of an NF'IP floodplain management 'a I
a
regulation adopted by a community and includes aill subsequent improvements to the structures
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Opening — open area or space within a wall that meets certain performance characteristics
related to allowing the automatic entry and exit of floodwaters
U
Special Flood Hazard Area (SFHA)—the land in the floodplain within a community subject to a
1 percent or greater chance of flooding in any given year. The SFHA is inclusive of A Zones and
V Zones. 00
,
State/Tribe/Territory Coordinator—the person, office, or agency of the State government
designated by the Governor of the State/Triibe/territory, or by State/Tribe/territory statute, that
assists in the implementation of the NFIP in that, State/Tribe/territory
Structure—(for floodplain management purposes) a walled and roofed building, including a gas � 1
or liquid storage tank, that is principally above ground, as well as a manufactured home. Walled W
and roofed shall be interpreted as two outside rigid walls and a fully secured) roof
Substantial Damage—damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the X
market value of the structure before the damage occurred N
N
Substantial (Improvement— any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure 0
(or a smaller percentage if established by the commiunity) before the start of construction of the
improvement
Variance —a grant of relief by a community from the terms of an, NFIP requirement for floodplain
management regulations
V Zone— area of the SFHA that its inundated by tidal floods (coastal high hazard area) as f
designated in FEMA's Flood Insurance Studies and Flood lnsurance Rate Maps; zones labeled
V, VE, V1-30, and VG
Page 11
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Wet Floodproofing — use of flood damage-resistant materials and construction techniques to
minimize flood damage to a structure by intentionally allowing floodwaters to enter and exit
automatically (without human intervention)
MONITORING AND EVALUATION
The efficacy of this policy shall be monitored as a joint effort of local floodplain administrators,
NFIPState/Tribe/territory Coordinators, and FEMA through data and documentation available
from regular inspections of structures, monitoring and recording of building performance,
Community Assistance Visits and Contacts conducted by FEMA or State/Tribe/territory NFIP
personnel, permit and variance records, federal flood insurance policy data, and the Community
Information System (CIS).
FEMA Headquarters will utilize the data and documentation to evaluate of the effectiveness of
this policy and inform policy review, reissuanice, revision, or rescission.
QUESTIONS
Questions regarding implementation or clarification of this policy should be directed to a 0
community's FEMA Regional Office,
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Regional offices seeking guidance, outreach, training, or clarification on this policy may direct
questions to the FEMA Floodplain Management Division:
FEMA-bloodplain-Management-Divisiol7 f(�ma,dh ...qov.
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Packet Pg.4532
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Exhibit
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Florida Guidance for At-grade wet floodproofed Accessory
Structures in Flood Hazard Areas
State Floodplain Management Office
Florida Division of Emergency Management 0
Helpline: 850-815-4556 and floods(&-em.myflorida.com
In February 2020, FEMA released FEMA Policy 4104-008-03, a policy defining agricultural U
structures and accessory structures and specifying conditions and limitations that must be imposed
when communities allow property owners to build those structures using wet floodproofing
techniques instead of complying with the NFIP requirements to elevate or dry floodproof
nonresidential structures. In August 2020, FEMA published FEMA P-2140, Floodplain 0
Management Bulletin: Requirements for Agricultural Structures and Accessory Structures. The U_
N
Bulletin and Policy are available here: lijjps://www.fema NJDy/ dj,a coIIe.gttc�.�./flo d lajn
1 1e ;�� c� �, ��t ;g c��)t i a) and access t..y
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The DEM State Floodplain Management Office (SFMO)
developed this guidance for accessory structures based on Communities in the NFIP must regulate
the Policy and Bulletin. It was reviewed by floodplain all development in SFHAs. The NFIP
management specialists with FEMA Region IV. The regulations specify buildings and nI
SFMO prepared separate guidance for agricultural structures must be elevated to or
structures. above the Base Flood Elevation, with
an allowance for dry floodproofing
Accessory structures may be elevated or dry non-residential buildings in SFHAs it
floodproofed to or above the Base Flood Elevation identified as Flood Zone A/AE. It is only U)
by FEMA policy that wet floodproofing
plus one foot. measures are permitted in specific c'
Florida communities are encouraged to modify local circumstances. 0
4-
floodplain management regulations to incorporate
requirements for at-grade (non-elevated) wet
floodproofed accessory structures that are smaller
than the size limits established in the Policy and i
) ease II"gote!!I II II r�°ITIIrrWIIu ifiC'S thi)t 0
described below. 2
(flect to y gL lli)fi S ITIUSt U_
Communities should modify regulations in order to SLflb nr t draft ory'uunau ces to the SFMO 1
process variances to approve larger wet floodproofed at east yC days IIbefoire the first W
accessory structures. °r'" y11° Z° LO
The NFIP Community Rating System advises that Please put the community name in the
adopting these provisions will not adversely impact credit subject line and send to W
f.�..ggd.`�... .. ..!: p:.:..!: p:. .!..q.!::.!..da..:_�.q..r . N
points. Communities are not required to submit Elevation N
Certificates for wet floodproofed accessory structures Or send a request for the SFMO to
(see NFIP/CRS Update February/March 2021). prepare a draft for you.
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Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4533
S.4.g
This guidance describes and includes model language for three ways communities can respond to
the Policy to allow at-grade wet floodproofed accessory structures.
Version A. Modify floodplain management regulations to allow permits to be issued for at-grade
wet floodproofed accessory structures that are not larger than the size limits specified in 0
a�
the Policy. See Attachment A. 0
2
Version B. Modify floodplain management regulations to specifically provide criteria for
variances to allow at-grade wet floodproofed accessory structures that are larger than the
size limits specified in the Policy, with an option to have requests considered as U
"administrative variances" for accessory structures up to a specified size limit only in A
Zones. This version requires changing regulations. See Attachment B.
Version C. Rely on existing regulations, combined with a written administrative policy that is
0
consistent with the FEMA Policy,to issue permits for at-grade wet floodproofed accessory _
structures that are not larger than the size limits specified in the Policy. This version does CN
not require changing regulations. The SFMO considers this approach more difficult to
enforce because the public is not informed of the size limits. The administrative policy
approach is not applicable to wet floodproofed agricultural structures. See Attachment C.
I
�rrrps //� �� fla���aYaa:➢�,Qi, a� .a,a�<>/�➢ern/tn� i>� ioa�x/fl�oa�➢�alai��/ oat�nr�ni..�xi �a�soat.wccs/ (Local Floodplain Management y
Ordinances).
Revised May 19,2021
Issued January 20,2021
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Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4534
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ATTACHMENT A
Version A.Modify floodplain management regulations to a
provide criteria for permits to be issued for at-grade wet
)lease IINote!!I NII 'DUT1uT1 that 0
floodproofed
(flect to
SLflbrr� t d'Ir��lfto�brdinan s to the SIFIM 0
the size limits specified in he Policy at are not lamer than . o
it east 30 days befoire the first 2
Florida communities that anticipate many requests for W
Ir�����'uun .
accessory structures in SFHAs should modify existing
regulations to adopt explicit requirements to allow Please put the community name in
issuance of permits for at-grade wet floodproofed the subject line and send to
accessory structures. Florida communities that already
.. ..!: p:.:..!: p:...!.q..!::.. .a..:.c eo rrn. �
have specific provisions should replace or modify those Or send a request for the SFMO to
0
provisions to be consistent with this language Policy. prepare a draft for you. _
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa cN
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ORDINANCE NO. XX-XX
AN ORDINANCE BY THE (community's governing body) AMENDING THE
(name of community) LAND DEVELOPMENT CODE TO AMEND (insert
appropriate chapter/section numbers) TO PROVIDE CRITERIA FOR
ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; PROVIDING FOR i
APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE.
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WHEREAS, the Legislature of the State of Florida has, in (Chapter 125 —County
Government or Chapter 166— Municipalities), Florida Statutes, conferred upon local
governments the authority to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry; and
0
4-
WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104- 0
008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
Structures; and 5
WHEREAS, the (community's governing body) has determined it appropriate to adopt
regulations that are consistent with the FEMA Policy to allow issuance of permits for at-grade wet
floodproofed accessory structures that are not larger than the sizes specified in the FEMA Policy. i
NOW, THEREFORE, BE IT ORDAINED by the (community's governing
body) of the (name of community)that the (insert appropriate chapter/section LO
numbers) is amended as set forth in the following amendments, as shown in strikethrough
and underline format in Section 1.
SECTION 1. This ordinance specifically amends the (insert chapter/section):
{Add a new definition/Modify a definition) as follows:
Accessory structure. A structure on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For floodplain
management purposes, the term includes only accessory structures used for parking and
storage.
Model Language for Accessory Structures(revised 5-24-21) 3
Packet Pg.4535
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In Section XXX Building and Structures, add a new Section XXX.X as follows:
Section XXX.X. At-grade accessory structures. At-.grade accessory structures are
permitted provided the accessory structures are used only for parking or storage and:
(1) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard
areas, are one-story and not larger than 600 sq. ft. and have flood openings in 0
accordance with Section R322.2 of the Florida Building Code, Residential.
(2) If located in coastal high hazard areas (Zone ME), are not located below elevated
buildings and are not larger than 100 sq. ft. IQELEIE III MII III IUM FY �IAS ONIL... U)
ZONE A/XE air°d ir(:)ir°winn i'eir ir()innai ir1 ir1g itginnsl
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood
loads.
0
(4) Have flood damage-resistant materials used below the base flood elevation plus one
1 foot. N
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(5) Have mechanical, plumbinq and electrical systems, includinq plumbing fixtures, U
elevated to or above the base flood elevation plus one (1) foot.
SECTION 2. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in {insert name of i
community or all unincorporated areas of the county). This ordinance shall apply to all
applications for accessory structures in special flood hazard areas submitted on or after the
effective date of this ordinance.
SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. 0
U)
U)
It is the intent of the (community's governing body)that the provisions of this ordinance shall
become and be made a part of the (name of community's) Code of Ordinances, and that the
sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be
changed to "section," "article," "regulation," or such other appropriate word or phrase in order to
accomplish such intentions.
SECTION 4. SEVERABILITY.
i
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared
by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 5. EFFECTIVE DATE.
LO
This ordinance shall take effect on (insert date).
Use community's standard signature block
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Model Language for Accessory Structures(revised 5-24-21) 4
Packet Pg.4536
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ATTACHMENT B
Version B. Modify floodplain management regulations to 11
specifically provide criteria for variances to allow at-grade l)lease IINoW!I NII COI TII T1UII' fi(uS thi)t _
0
wet floodproofed accessory structures that are larger than (flect to urnodffy uTgL lli)fiO11S u'TwS
the size limits specified in the Policy, with an option to SLflb nr t draft oir&naalnces to the yhlM�q 0
have requests considered as administrative variances for "t east
0 days befoire the first
accessory structures up to a specified size limit only in A .^ia °1 °
Zones. Administrative variances are subject to the same Please put the community name in U)
evaluation, considerations, and conditions as standard the subject line and send to 0
variances —the only difference is who makes the decision. .leer .. .,rq...,rgfLq.l::i,. . .,,.�,q.„�;rn.
The position designated to decide requests for Or send a request for the SFMO to CL
administrative variances must not be the same person who prepare a draft for you. 0
makes decisions to issue permits. Designating a committee U_
of manager is acceptable. N
Florida communities that anticipate requests for accessory structures in SFHA that are larger than
the size limits specified in the policy should adopt both the provisions shown in Attachment A and
at least one of the explicit variance provisions shown in this Attachment.
X
i
ORDINANCE NO. XX-XX
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AN ORDINANCE BY THE (community's governing body) AMENDING THE
(name of community) LAND DEVELOPMENT CODE TO AMEND (insert ,
appropriate chapter/section numbers) TO PROVIDE CRITERIA FOR o
ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; PROVIDING FOR
APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE. o
0
WHEREAS, the Legislature of the State of Florida has, in (Chapter 125 —County
Government or Chapter 166— Municipalities), Florida Statutes, conferred upon local
,5
governments the authority to adopt regulations designed to promote the public health, safety, i
and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104- i
008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
Structures; and
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WHEREAS, the (community's governing body) has determined it appropriate to adopt
variance provisions that are consistent with the FEMA Policy to consider variances for at-grade
wet floodproofed accessory structures that are larger than the sizes specified in the FEMA
Policy. N
It-
NOW, THEREFORE, BE IT ORDAINED by the (community's governing
body) of the (name of community)that the (insert appropriate chapter/section
numbers) is amended as set forth in the following amendments, as shown in
strikethrough and underline format in Section 1.
SECTION 1. This ordinance specifically amends the (insert chapter/section):
Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4537
S.4.g
{Add a new definition/Modify a definition) as follows:
Accessory structure. A structure on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For floodplain
management purposes, the term includes only accessory structures used for parking
and storage.
0
In Section XXX Variances and Appeals, at the end add a new Section XXX.X as follows:
OPTION FOR STANDARD VARIANCE by the entity identified to hear and decide on
variance requests: U'
Section XXX.X. At-grade accessory structures. A variance is authorized to be issued
for the construction or substantial improvement of at-grade accessory structures
provided the requirements of this section are satisfied, the accessory structures are used o
only for parking or storage, and the accessory structures:
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(1) Represent minimal investment and has low damage potential.
(2) If located in special flood hazard areas (Zone A/AE) other than coastal high tU
hazard areas, are one story and larger than the
size limits specified in Section XXX.X but not
larger than finsertsizel, square feet in size, and [insert size]
have flood openings in accordance with Section While FEMA's guidance describes W i
R322.2 of the Florida Buildinq Code, granting variances for accessory
structures that are larger than the
Residential. g c�
size limits for which permits may be
(3) If located in coastal high hazard areas (Zone issued (see Attachment A), ,
V/VE), are not located below elevated buildings, communities are cautioned to 0
are larger than the 100 square foot size limit specify an upper limit that can be
specified in Section XXX.X, but not larger than justified based on knowledge of the
(insert sizel, and have walls designed to break community. An arbitrarily high
0
away in accordance with Section R322.3 of the square footage must not be used,
Florida W�. Buildinq Code, Residential. uI „Ij II ;mml„I especially in Zone V/VE. Factors to
IF IIIIN1..F1r° IH � III....Y
ZONE ICI :: NI :: airn.i
consider include whether larger
........................................................................................................................................................................................................................................
!r:Oi:'n..��.1!�!�.Ik'r. �lr:...l:(:�.lrng� 1in.2....11:t.g.lrn ..� accessory structures are likelyto be
used for more than parking and
(4) Are anchored to resist flotation, collapse or storage or illegally converted to
lateral movement resultinq from flood loads. other occupancies. i
(5) Have flood damage-resistant materials used
below the base flood elevation plus one (1) foot. U-
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(6) Have mechanical, plumbinq and electrical systems, including plumbing fixtures,
elevated to or above the base flood elevation plus one (1) foot.
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Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4538
S.4.g
OPTION FOR ADMINISTRATIVE VARIANCE by the city/county manager or department
head:
Section XXX.X. Certain at-grade accessory
structures. A request for a variance is authorized to be [insert position]
heard and decided by (insert i3ositionl for the The person who has authority to
construction or substantial improvement of at-grade hear and decide administrative o
accessory structures located in special flood hazard variances must be a manager or
areas (zone A/AE) other than coastal high hazard areas department head. The designated
that are larger than the size limits specified in Section person must not the same person U)
XXX.X, provided the requirements of this section are who makes permit decisions under
satisfied, the accessory structures are used only for the floodplain regulations.
parking or storage, and the accessory structures: CL
(1) Represent minimal investment and has low damage potential. 0
(2) Are one story and not larger than 1,200 square feet in size, and have flood N
openings in accordance with Section R322.2 of the Florida Building Code,
Residential.
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood
loads.
(4) Have flood damage-resistant materials used below the base flood elevation plus i
one (1) foot.
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(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures,
elevated to or above the base flood elevation plus one (1) foot. ,
0
SECTION 2. APPLICABILITY.
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For the purposes of jurisdictional applicability, this ordinance shall apply in (insert name of
community or all unincorporated areas of the county). This ordinance shall apply to all
applications for accessory structures in special flood hazard areas submitted on or after the 0
effective date of this ordinance.
SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES.
i
It is the intent of the (community's governing body)that the provisions of this ordinance shall
become and be made a part of the (name of community's) Code of Ordinances, and that the
sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be
changed to "section," "article," "regulation," or such other appropriate word or phrase in order to
accomplish such intentions. LO
SECTION 4. SEVERABILITY.
x
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, W
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 5. EFFECTIVE DATE.
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This ordinance shall take effect on (insert date).
Use community's standard signature block
Model Language for Accessory Structures(revised 5-24-21) 7
Packet Pg.4539
S.4.g
ATTACHMENT C
Version C. Rely on existing regulations, combined with a written
administrative policy that is consistent with the FEMA Policy, to
Having explicit provisions for
issue permits for at-grade wet floodproofed accessory structures accessory structures in local
that are not larger than the size limits specified in the Policy. The regulations rather than an 2
SFMO considers this approach more difficult to enforce because administrative policy w
the public is not informed of the size limits. The administrative enhances enforceability
policy must be signed by someone who has the authority to because the public can see
establish (and enforce) the criteria in the policy. The the specific requirements. as
administrative policy approach is not applicable to larger
accessory structures or wet floodproofed agricultural structures. C.
0
Most local floodplain management regulations adopted or amended before 2021 do not have c
explicit requirements for accessory structures in SFHAs. Some Florida communities added
specific provisions which now must be checked for consistency with the FEMA Policy, especially
the specific size limits (see Version A).
a
Local regulations have a section titled "Other Development" (below, copied from the Model
Ordinance). This section applies to everything not specified in the regulations or within the scope <
of the FBC, including accessory structures.Note that this section does not include size or use limits co
and does not explicitly require flood openings (flood openings are part of resisting hydrostatic 2�
loads, item 43).
SECTION, 307 OTHER DEVELOPMENT
0
U)
307.1 General requirein-tents for other devefcw,pinent., Ali l development including umai7-made U)
changes to,irnpiroved or unuMproved real estate for wiNch spedf�ic proviiision,s acre not s ,ecifoied in 0
this ordinance or the 9orfda Budding Code, sJhal L
(1) BeI Illocated and constructed to mi miumize flood damage;;
(2) IM et the 1iiMt,atiorns of Sectoon 303.4 of this,ordinance if located in a regulated flood°way-
(3) Be anchored to pirevent flotation, c61apse or lateral movernent resulting from hyclm^static �
Dads, iindudinq the effects of Ibuoyancy,during con,ditiion,s of the desuJm flood; �
(4) Be constructed of flood dairnage-resuistant irnateri-als; and �
(5) Have meohanicalll,,, plumbing, and electrical systems above the design flood elevation or 2
irneet the requireirrients of A CH 24, except that irninuimuirn elllectric service required to
addiress Illife safety and electric code requirements its permitted below the design flood �I
elllevation provided it confoirrmns to the proviisuioins of the elllectrical mart of building code for
wet Illo ntions. U_
Local floodplain management regulations authorize the
Flood lain Administrator to render interpretations and �`
P � III`:�Blease II"gote!!I yr^urri �r �r°bll�y r°bf
" 04
establish policies and procedures in order to clarify the the adrnr inustrafive Ifmrfllicy to 04
application of the provisions." Communities that make t II"ne SFMO, Put the
interpretations,policies, and procedures that are consistent community name in the
with FEMA policies and published guidance will maintain subject line and send to
good standing in the NFIP. The following model f.Ic c�r��"�r„B;rn,B;rny�lc�„B,ir�a c..or.1.
administrative policy language is consistent with FEMA Policy
4104-008-03.
Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4540
S.4.g
(COMMUNITY NAME)ADMINISTRATIVE POLICY FOR APPROVAL OF ACCESSORY
STRUCTURES IN SPECIAL FLOOD HAZARD AREAS
The purpose of this policy is to maintain consistency with FEMA Policy #104-008-03 (February
2020) and FEMA P-2140, Floodplain Management Bulletin: Requirements for Agricultural
Structures and Accessory Structures to allow issuance of permits for at-grade wet floodproofed, 0
small accessory structures in special flood hazard areas (SFHAs). The (County/City/Town)
floodplain management regulations (insert citation) authorize the Floodplain Administrator to
render interpretations and "establish policies and procedures in order to clarify the application of
the provisions."
For floodplain management purposes and for application of this policy:
Accessory structure means a structure on the same parcel of property as a principal 0
structure and the use of which is incidental to the use of the principal structure. For _
floodplain management purposes, the term includes only accessory structures used for N
parking and storage.
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Requirements for at-grade wet floodproofing outlined in the FEMA Policy and guidance
documents are equivalent to the requirements in (insert citation) titled "Other Development."
Permits may be issued for at-grade wet floodproofed accessory structures that:
i
(1) Meet the requirements for "Other Development" in (insert citation to LDC or Code of
Ordinances).
(2) Are used only for parking or storage.
(3) In Zone A/AE, are one-story and not larger than 600 square feet and have flood
openings in accordance with the flood opening requirements in Section R322 of the
Florida Building Code, Residential.
(4) In Zone V/VE, are not located below elevated buildings and are not larger than 100 0
square feet. 'I I ::II....l ::mml E lIF QQIW\WM FY IIIAS QNNI...Y ZONE /AE �
Applicants seeking approval of at-grade wet floodproofed accessory structures that are larger i
than the specified sizes may request individual variances in accordance with the variance
provisions of the local floodplain management regulations.
i
Approved By: (signature, title}
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Date Adopted:
x
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Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4541
Exhibit 6
Sponsored by: Lindsey
Public Hearing Dates: July 10, 2018
August 14, 2018
Enactment date: August 14, 2018
CITY OF MARATHON, FLORIDA
ORDINANCE 2018-05
0
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
MARATHON AMENDING THE CITY OF MARATHON CODE OF
ORDINANCES TO STRIKE ARTICLE 12 — FLOODPLAIN
MANAGEMENT OF THE LAND DEVELOPMENT REGULATIONS AND as
ADOPT A NEW ARTICLE 12 — FLOODPLAIN MANAGEMENT; TO
ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN �.
ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR 0
DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER
PURPOSES; TO AMEND LAND DEVELOPMENT REGULATIONS
CHAPTER 110 — DEFINITIONS; TO AMEND LAND DEVELOPMENT
REGULATIONS CHAPTER 108 — NONCONFORMITIES; TO AMEND
CODE OF ORDINANCES CHAPTER 6 — BUILDINGS AND BUILDING
REGULATIONS TO ADOPT ADMINISTRATIVE AND TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING
FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. as
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 —Municipalities,
Florida Statutes, conferred upon local governments the authority to adopt regulations designed to 0
promote the public health, safety, and general welfare of its citizenry; and r-
0
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the City of Marathon and such areas may be subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public W
health, safety and general welfare, and N
WHEREAS, the City of Marathon was accepted for participation in the National Flood a
Insurance Program on October 16, 2000 and the City Council desires to continue to meet the
requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such 2
participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; and
1
Packet Pg.4542
S.4.h
WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the
Florida Building Code that provide for more stringent requirements than those specified in the
Code and allows adoption of local administrative and local technical amendments to the Florida
Building Code to implement the National Flood Insurance Program and incentives;
WHEREAS, the City Council previously adopted requirements for flood hazard areas to
(1) require accumulation of costs of improvements and repairs of buildings, based on issued
building permits, over a 3-year period; (2) ro e buildings that +itive flead damage �
0
ever- a 10 year- period to be ifielud d in the definition f "substantial damage;" (3-2) to limit
partitioning of enclosed areas below elevated dwellings and to limit access to such enclosed areas;
(43)to require use of specific forms provided by the Federal Emergency Management Agency and
the City; and (54) to require declarations of land restriction (nonconversion agreements) for U
enclosures below elevated buildings; for the purposes damage reduction and the National Flood
Insurance Program's Community Rating System and, pursuant to section 553.73(5), F.S., is
formatting that requirement to coordinate with the Florida Building Code;
0
WHEREAS, the City Council has determined that it is in the public interest to adopt the
proposed local technical amendments to the Florida Building Code and the proposed amendments N
T-
are not more stringent than necessary to address the need identified, do not discriminate against
materials,products or construction techniques of demonstrated capabilities, are in compliance with U
section 553.73(4), Florida Statutes.
LO
WHEREAS, the City Council has determined that it is in the public interest to adopt the
00
proposed floodplain management regulations that are coordinated with the Florida Building Code.
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Marathon
that the following floodplain management regulations are hereby adopted.
SECTION 1. RECITALS. a
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. This ordinance specifically strikes, Article 12—Floodplain Management of Chapter
107 — General Development Standards and adopts a new Article 12 —Floodplain Management as
follows: `i
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CHAPTER 107— GENERAL DEVELOPMENT STANDARDS
ARTICLE 12.—FLOODPLAIN MANAGEMENT
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Sec. 107.98.—General.
A. Title. These regulations shall be known as the Floodplain Management Ordinance of the City
of Marathon, hereinafter referred to as "this ordinance."
2
Packet Pg.4543
S.4.h
B. Scope. The provisions of this article shall apply to all development that is wholly within or
partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration, remodeling,
enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and
facilities that are exempt from the Florida Building Code; placement, installation, or replacement of
manufactured homes and manufactured buildings; installation or replacement of tanks; placement of
recreational vehicles; installation of swimming pools; and any other development.
C. Intent. The purposes of this article and the flood load and flood resistant construction a
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to W
flooding through regulation of development in flood hazard areas to:
U)
(1) Minimize unnecessary disruption of commerce, access and public service during times of
flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize future
flood damage; 0
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage c_
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain;
LO
(5) Minimize damage to public and private facilities and utilities; 00
(6) Help maintain a stable tax base by providing for the sound use and development of flood N
hazard areas;
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(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and 0
(8) Meet the requirements of the National Flood Insurance Program for community 0
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
D. Coordination with the Florida Building Code. This ordinance is intended to be administered
and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the
edition of the standard that is referenced by the Florida Building Code. W
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E. Warning. The degree of flood protection required by this ordinance and the Florida Building V:
Code, as amended by this community,is considered the minimum reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur. Flood E
heights may be increased by man-made or natural causes. This ordinance does not imply that land
outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, <
will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained
in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title
44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency
Management Agency, requiring this community to revise these regulations to remain eligible for
participation in the National Flood Insurance Program. No guaranty of vested use, existing use,
3
Packet Pg.4544
S.4.h
or future use is implied or expressed by compliance with this ordinance.
F. Disclaimer of Liability. This ordinance shall not create liability on the part of the City Council
of the City of Marathon or by any officer or employee thereof for any flood damage that results
from reliance on this ordinance or any administrative decision lawfully made thereunder.
Sec. 107.99.—Applicability.
6
A. General. Where there is a conflict between a general requirement and a specific requirement a
the specific requirement shall be applicable.
B. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas
within the City of Marathon, as established in Section 107.3 IC of this article. U
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C. Basis for establishing flood hazard areas and Species Focus Areas and Real Estate
Numbers.
(1) The Flood Insurance Study for Monroe County, Florida and Incorporated Areas dated 0
February 18, 2005, and all subsequent amendments and revisions, and the accompanying U-
Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such N
V-
maps, are adopted by reference as a part of this article and shall serve as the minimum basis
for establishing flood hazard areas. Studies and maps that establish flood hazard areas are U
on file at City Hall, 9805 Overseas Highway, Marathon, FL 33050.
(2) The Species Focus Area Maps (SFAMs) and the real estate numbers of parcels (RE List) LO
that are within the SFAMs identified by the U.S. Fish and Wildlife Service in accordance 00
with the Biological Opinion, dated April 30, 2010, as amended, for the City of Marathon,
and any subsequent revisions there to, are hereby declared to be a part of this article. The
SFAMs and RE list are on file at the city hall.
D. Submission of additional data to establish flood hazard areas. To establish flood hazard
areas and base flood elevations, pursuant to Section 107.35 of this article the Floodplain a
Administrator may require submission of additional data. Where field surveyed topography
prepared by a Florida licensed professional surveyor or digital topography accepted by the
community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area and
subject to the requirements of this article and, as applicable, the requirements of the W
Florida Building Code. V-
(2) Are above the closest applicable base flood elevation,the area shall be regulated as special
flood hazard area unless the applicant obtains a Letter of Map Change that removes the
area from the special flood hazard area.
E. Other laws. The provisions of this article shall not be deemed to nullify any provisions of
local, state or federal law.
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Packet Pg.4545
S.4.h
F. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for
management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land development regulations,zoning
ordinances, stormwater management regulations, or the Florida Building Code. In the event of a
conflict between this ordinance and any other ordinance, the more restrictive shall govern. This
ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject
to such interests shall also be governed by this ordinance.
6
G. Interpretation. In the interpretation and application of this article, all provisions shall be: a
(1) Considered as minimum requirements;
w
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Sec. 107.100.—Duties and Powers of the Floodplain Administrator.
A. Designation. The City Manager is designated as the Floodplain Administrator. The Floodplain 0
Administrator may delegate performance of certain duties to other employees, particularly the U-
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Building Official and the Certified Floodplain Manager. V-
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B. General. The Floodplain Administrator is authorized and directed to administer and enforce U
the provisions of this article. The Floodplain Administrator shall have the authority to render
interpretations of this article consistent with the intent and purpose of this article and may establish LO
policies and procedures in order to clarify the application of its provisions. Such interpretations 00
policies, and procedures shall not have the effect of waiving requirements specifically provided in N
this ordinance without the granting of a variance pursuant to Section 107.105 of this article.
C.Applications and permits. The Floodplain Administrator, in coordination with other pertinent
offices of the community, shall:
a
(1) Review applications and plans to determine whether proposed new development will be 0
located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this article;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to determine X
the exact location of boundaries; a person contesting the determination shall have the N
opportunity to appeal the interpretation; V-
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably safe
from flooding;
(7) Issue development permits for development other than buildings and structures that are
subject to the Florida Building Code, including buildings, structures and facilities exempt
5
Packet Pg.4546
S.4.h
from the Florida Building Code, when compliance with this ordinance is demonstrated, or
disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that applications,
plan reviews, and inspections for buildings and structures in flood hazard areas comply
with the applicable provisions of this article.
D. Substantial improvement and substantial damage determinations. For applications for 0
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, 0
substantial improvements, repairs of substantial damage, and any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in coordination with the Building W
Official, shall:
U)
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before the
start of construction of the proposed work; in the case of repair, the market value of the
building or structure shall be the market value before the damage occurred and before any 0
repairs are made; U_
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(2) Compare the cost to perform the improvement, the cost to repair a damaged building to its
pre-damaged condition, or the combined costs of improvements and repairs, if applicable,
to the market value of the building or structure; U
a
(3) Determine and document whether the proposed work constitutes substantial improvement ""
LO
or repair of substantial damage; the determination requires evaluation of previous permits 9
00
issued for improvements and repairs as specified in the definition of "substantial
improvement,"
deter-minatiefl F quir-es evaltiation of pr-evi issued to repair-flead related damage
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" and
(4) Notify the applicant if it is determined that the work constitutes substantial improvement 0
or repair of substantial damage and that compliance with the flood resistant construction a
requirements of the Florida Building Code and this ordinance is required.
E. Modifications of the strict application of the requirements of the Florida Building Code.
The Floodplain Administrator shall review requests submitted to the Building Official that seek
approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the granting W
of a variance pursuant to Section 107.37 of this article.
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F. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
ordinance.
G. Inspections. The Floodplain Administrator shall make the required inspections as specified in
Section 107.36 of this article for development that is not subject to the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building Code. The
6
Packet Pg.4547
S.4.h
Floodplain Administrator shall inspect flood hazard areas to determine if development is
undertaken without issuance of a permit.
H.Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other
duties, including but not limited to:
(1) Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made 0
pursuant to Section 107.32.13 of this article;
(2) Require applicants who submit hydrologic and hydraulic engineering analyses to support 2
permit applications to submit to FEMA the data and information necessary to maintain the 2
Flood Insurance Rate Maps if the analyses propose to change base flood elevations or flood
hazard area boundaries; such submissions shall be made within 6 months of such data U
becoming available;
(3) Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code to determine that such certifications and
documentations are complete; 0
LL
(4) Notify the Federal Emergency Management Agency when the corporate boundaries of the N
City of Marathon are modified; and V-
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(5) Advise applicants for new buildings and structures, including substantial improvements, is
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act(Pub. L. 97-348) and the Coastal Barrier Improvement Act LO
of 1990(Pub. L. 101-591)that federal flood insurance is not available on such construction; 00
areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal
Barrier Resource System Areas" and"Otherwise Protected Areas."
L Floodplain management records. Regardless of any limitation on the period required for
retention of public records, the Floodplain Administrator shall maintain and permanently keep and 0
make available for public inspection all records that are necessary for the administration of this a
article and the flood resistant construction requirements of the Florida Building Code, including a
Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of
permits; determinations of whether proposed work constitutes substantial improvement or repair
of substantial damage; required design certifications and documentation of elevations specified by
the Florida Building Code and this ordinance; documentation related to appeals and variances,
including justification for issuance or denial; and records of enforcement actions taken pursuant to W
this ordinance and the flood resistant construction requirements of the Florida Building Code.
These records shall be available for public inspection at City Hall, 9805 Overseas Highway, 4,
Marathon, FL 33050.
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Sec. 107.101 —Permits.
A. Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who
intends to undertake any development activity within the scope of this article, including buildings,
structures and facilities exempt from the Florida Building Code, which is wholly within or partially
within any flood hazard area shall first make application to the Floodplain Administrator, and the
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S.4.h
Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such
permit or approval shall be issued until compliance with the requirements of this article and all other
applicable codes and regulations has been satisfied.
B. Development permits. Development permits shall be issued pursuant to this ordinance for any
development activities not subject to the requirements of the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code. Depending on the
nature and extent of proposed development that includes a building or structure, the Floodplain
a�
Administrator may determine that a development permit is required in addition to a building permit.
C. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance Program (44
C.F.R. Sections 59 and 60), development permits shall be required for the following buildings, U
structures and facilities that are exempt from the Florida Building Code and any further
exemptions provided by law, which are subject to the requirements of this article:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. U_
N
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which �
are directly involved in the generation, transmission, or distribution of electricity. LO
00
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe
of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but
that has a thatched roof of palm or palmetto or other traditional materials, and that does not
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incorporate any electrical, plumbing, or other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and 0
assembled on site or preassembled and delivered on site and have walls, roofs, and a floor a
constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood W
Insurance Rate Maps N
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D.Application for a permit or approval. To obtain a development permit the applicant shall first
file an application in writing on a form furnished by the community. The information provided E
shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
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S.4.h
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 107.35 of
this article.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
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(8) For projects proposing to enclose areas under elevated buildings, include signed 0
Declaration of Land Restriction (Nonconversion Agreement); the agreement shall be
recorded on the property deed prior to issuance of the Certificate of Occupancy. W
E. Validity of permit or approval. The issuance of a development permit pursuant to this
ordinance shall not be construed to be a permit for, or approval of, any violation of this article, the
Florida Building Codes, or any other ordinance of this community. The issuance of permits based
on submitted applications, construction documents, and information shall not prevent the
Floodplain Administrator from requiring the correction of errors and omissions. 0
U-
F. Expiration. A development permit shall become invalid unless the work authorized by such
permit is commenced within 180 days after its issuance, or if the work authorized is suspended or
abandoned for a period of 180 days after the work commences. Extensions for periods of not more U
than 180 days each shall be requested in writing and justifiable cause shall be demonstrated.
LO
G. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a 00
development permit if the permit was issued in error, on the basis of incorrect, inaccurate or Q
incomplete information, or in violation of this article or any other ordinance, regulation or
requirement of this community.
H. Other permits required. Floodplain development permits and building permits shall include
a condition that all other applicable state or federal permits be obtained before commencement of 0
the permitted development, including but not limited to the following:
(1) The South Florida Water Management District; section 373.036, F.S.
(2) Florida Department of Economic Opportunity, Chapter 3 80.05 F.S., Areas of Critical State
Concern, and Chapter 553, Part IV, F.S., Florida Building Code. X
w
(3) Florida Department of Health for onsite sewage treatment and disposal systems; section N
381.0065, F.S. and Chapter 64E-6, F.A.C.
(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands and alter
surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404
of the Clean Water Act.
(6) Federal permits and approvals.
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S.4.h
Sec. 107.102. - Protection of Endangered Species.
A. Applications with Determination of Unsuitable Habitat. Upon receipt of a floodplain
development permit application for a property that is determined to be on the SFAMs and the RE
list as containing unsuitable habitat, the Floodplain Administrator shall place a letter in the
floodplain development permit file that indicates:
(1) The name of the city official that made the determination; 0
(2) The date of the determination; and
(3) The date of the SFAM and RE list used to make the determination.
Once the determination has been made, the City of Marathon may take action on the floodplain
development permit application without further concern for Federally threatened and endangered U
species and their habitat.
B. Species Assessment Guides and Acceptance Form. The Species Assessment Guide for the
City of Marathon provided by the U.S. Fish and Service (Service), dated December 23, 2011, and
any subsequent revisions there to, is hereby declared to be a part of this article. The Species 0
U-
Assessment Guide is on file at the city hall. N
N
(1) The City of Marathon shall use the Species Assessment Guide to determine whether the V-
applicant for a floodplain development permit application must seek technical assistance
by the Service. For applications that require such assistance, the City of Marathon shall
provide copies of the applications to the Service for review on a weekly basis.
LO
(2) Based on the Service's technical assistance, the City of Marathon shall condition the 00
floodplain development permit to incorporate the Service's recommendations to avoid N
and/or to minimize possible impacts on Federally listed threatened and endangered species
and their habitat.
(3) The City shall maintain an Acceptance Form of the Service's recommendations in the
permit file. The Acceptance Form shall be signed by the permit applicant and the building 0
official. 0
(4) The City shall use the Species Assessment Guides (SAGS) for properties that exist within
the boundaries of a completed Habitat Conservation Plan and which are subject to the
SFAMs. The Real Estate folio number list which accompanies the SFAMs will be utilized
in combination to determine if a development permit application must be provided to the
Service for technical assistance in order to meet the full requirements of the FEMA-FWS W
Settlement. N
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C. Avoiding Impacts on Federally Listed Species.
All proposed development shall meet the conditions attached to floodplain development permits
in accordance with Section 105.2(2) to avoid possible impacts to Federally threatened and
endangered species and their habitat.
Sec. 107.103. - Site Plans and Construction Documents.
A.Information for development in flood hazard areas. The site plan or construction documents
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S.4.h
for any development subject to the requirements of this article shall be drawn to scale and shall
include, as applicable to the proposed development:
(1) Delineation of flood hazard areas, flood zone(s), base flood elevation(s), and ground
elevations if necessary for review of the proposed development.
(2) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide. 0
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(3) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 0
(4) Where the placement of fill is proposed, the amount, type, and source of fill material; 2
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended U
purpose.
(5) Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
0
(6) Existing and proposed alignment of any proposed alteration of a watercourse. -
N
The Floodplain Administrator is authorized to waive the submission of site plans, construction V-
documents, and other data that are required by this ordinance but that are not required to be U
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain complianceLO
with this ordinance.
00
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B. Additional analyses and certifications. For activities that propose to alter sand dunes or
mangrove stands in coastal high hazard areas (Zone V), an engineering analysis signed and sealed
by a Florida licenses engineer that demonstrates that the proposed alteration will not increase the
potential for flood damage shall be submitted with the site plan and construction documents. 0
a
C. Submission of additional data. When additional hydrologic, hydraulic or other engineering
data, studies, and additional analyses are submitted to support an application, the applicant has the
right to seek a Letter of Map Change from FEMA to change the base flood elevations or change
boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such
purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by
FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. "
N
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Sec. 107.104. - Inspections.
A. General. Development for which a development permit is required shall be subject to
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inspection.
B. Development other than buildings and structures. The Floodplain Administrator shall
inspect all development to determine compliance with the requirements of this article and the
conditions of issued development permits.
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S.4.h
C.Buildings,structures and facilities exempt from the Florida Building Code. The Floodplain
Administrator shall inspect buildings, structures and facilities exempt from the Florida Building
Code to determine compliance with the requirements of this article and the conditions of issued
development permits.
D. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor
inspection. Upon placement of the lowest floor, including basement, and prior to further vertical
construction, the owner of a building, structure or facility exempt from the Florida Building Code, 0
6
or the owner's authorized agent, shall submit to the Floodplain Administrator the certification of a
elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor.
E. Buildings, structures and facilities exempt from the Florida Building Code, final ,
inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to U
the Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 107.37.13 of this article.
0
F. Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that
are installed or replaced in flood hazard areas to determine compliance with the requirements of N
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this article and the conditions of the issued permit. Upon placement of a manufactured home,
certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. t)
Sec. 107.105. - Variances and Appeals. LO
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A. General. The Planning Commission shall hear and decide on requests for appeals and requests
for variances from the strict application of this article. Pursuant to section 553.73(5), F.S., the
Planning Commission shall hear and decide on requests for appeals and requests for variances
from the strict application of the flood resistant construction requirements of the Florida Building
Code. This section does not apply to Section 3109 of the Florida Building Code, Building. 0
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B. Appeals. The Planning Commission shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the Floodplain Administrator in
the administration and enforcement of this article. Any person aggrieved by the decision may
appeal such decision to the Circuit Court, as provided by Florida Statutes.
C. Limitations on authority to grant variances. The Planning Commission shall base its "
decisions on variances on technical justifications submitted by applicants, the considerations for N
It-
issuance in Section 107.105.F of this article, the conditions of issuance set forth in Section
107.105.G of this article, and the comments and recommendations of the Floodplain Administrator
and the Building Official. The Planning Commission has the right to attach such conditions as it E
deems necessary to further the purposes and objectives of this article.
D. Historic buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12
Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation
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will not preclude the building's continued designation as a historic building and the variance is the
minimum necessary to preserve the historic character and design of the building. If the proposed
work precludes the building's continued designation as a historic building, a variance shall not be
granted and the building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Building Code.
E. Functionally dependent uses. A variance is authorized to be issued for the construction or
substantial improvement necessary for the conduct of a functionally dependent use, as defined in
6
this ordinance, provided the variance meets the requirements of Section 107.4, is the minimum a
necessary considering the flood hazard, and all due consideration has been given to use of methods
and materials that minimize flood damage during occurrence of the base flood.
F. Considerations for issuance of variances. In reviewing requests for variances, the Planning U
Commission shall consider all technical evaluations, all relevant factors, all other applicable
provisions of the Florida Building Code, this ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage; 0
(2) The danger to life and property due to flooding or erosion damage; N
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(3) The susceptibility of the proposed development, including contents, to flood damage and U
the effect of such damage on current and future owners; U
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(4) The importance of the services provided by the proposed development to the community; ""
LO
(5) The availability of alternate locations for the proposed development that are subject to 00
lower risk of flooding or erosion; Q
(6) The compatibility of the proposed development with existing and anticipated development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area; 0
(8) The safety of access to the property in times of flooding for ordinary and emergency 0
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas, W
N
electrical and water systems, streets and bridges. N
G. Conditions for issuance of variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this article or the required elevation standards;
(2) Determination by the Planning Commission that:
(a) Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
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S.4.h
costs to satisfy the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with existing local laws and
ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford
relief, 0
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(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be 0
recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain
of title of the affected parcel of land; and W
(4) If the request is for a variance to allow construction of the lowest floor of a new building, U
or substantial improvement of a building,below the required elevation, a copy in the record
of a written notice from the Floodplain Administrator to the applicant for the variance,
specifying the difference between the base flood elevation and the proposed elevation of
the lowest floor, stating that the cost of federal flood insurance will be commensurate with 0
the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 LL
for $100 of insurance coverage), and stating that construction below the base flood N
elevation increases risks to life and property.
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U
Sec. 107.106. - Violations.
LO
A. Violations. Any development that is not within the scope of the Florida Building Code but that 00
is regulated by this ordinance that is performed without an issued permit, that is in conflict with
an issued permit, or that does not fully comply with this ordinance or the conditions established
by grants of variance, shall be deemed a violation of this article and punishable as a non-criminal
violation. A building or structure without the documentation of elevation of the lowest floor, other
required design certifications, or other evidence of compliance required by this ordinance or the 0
Florida Building Code is presumed to be a violation until such time as that documentation is �
provided. .�
B. Authority. For development that is not within the scope of the Florida Building Code but that
is regulated by this ordinance and that is determined to be a violation,the Floodplain Administrator
is authorized to serve notices of violation or stop work orders to owners of the property involved,
to the owner's agent, or to the person or persons performing the work. Nothing herein contained W
shall prevent the Floodplain Administrator from taking such other lawful actions as are necessary
It-
to prevent or remedy any violation.
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C.Unlawful continuance; fine.Any person who shall continue any work after having been served
with a notice of violation or a stop work order, except such work as that person is directed to
perform to remove or remedy a violation or unsafe condition, shall be fined not more than $500,
and in addition, shall pay all costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense.
Secs. 107.39107.40. -Reserved.
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Sec. 107.107. - Buildings and Structures.
Design and construction of buildings, structures and facilities exempt from the Florida
Building Code. Pursuant to Section 107.101.0 of this article,buildings, structures, and facilities that
are exempt from the Florida Building Code,including substantial improvement or repair of substantial
damage of such buildings, structures and facilities, shall be designed and constructed in accordance
with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from
the Florida BuildingCode that are not walled and roofed buildings shall comply with the requirements
g PY0
of Section 107.113 of this article.
Sec. 107.108. - Subdivisions.
U)
A. Minimum requirements. Subdivision proposals, including proposals for manufactured home
parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding; 0
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water N
systems are located and constructed to minimize or eliminate flood damage; and T-
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(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, U
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures. LO
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B. Subdivision plats.Where any portion of proposed subdivisions, including manufactured home N
parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas and flood zones, and design flood elevations, as
appropriate, shall be shown on preliminary plats; and
0
(2) Compliance with the site improvement and utilities requirements of Section 107.43 of this a
article.
Sec. 107.109. - Site Improvements, Utilities and Limitations.
A. Minimum requirements. All proposed new development shall be reviewed to determine that:
x
(1) Such proposals are consistent with the need to minimize flood damage and will be N
reasonably safe from flooding; T-
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
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(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
B. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage
treatment plants (including all pumping stations and collector systems), and on-site waste disposal
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systems shall be designed in accordance with the standards for onsite sewage treatment and
disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and
impairment of the facilities and systems.
C. Water supply facilities. All new and replacement water supply facilities shall be designed in
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE
24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 0
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0
D.Limitations on placement of fill. Subject to the limitations of this article,fill shall be designed
to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, W
prolonged inundation, and protection against flood-related erosion and scour. In addition to these
requirements, if intended to support buildings and structures (Zone A only), fill shall comply with U
the requirements of the Florida Building Code.
E. Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas,
alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved 0
by the Florida Department of Environmental Protection and only if the engineering analysis U_
required by Section 107.35.13 of this article demonstrates that the proposed alteration will not N
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increase the potential for flood damage. Construction or restoration of dunes under or around
elevated buildings and structures shall comply with Section 107.47.F(3) of this article. U
Sec. 107.110. -Manufactured Homes. LO
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A. General; limitation. All manufactured homes installed in flood hazard areas shall be installed V_
by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this article. Unless located in a
manufactured home park or subdivision, new installations of manufactured homes are not
permitted. New installations are not permitted in coastal high hazard areas (Zone V) under any
circumstance. a
0
B. Foundations. All new manufactured homes and replacement manufactured homes installed in
flood hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this ordinance.Foundations for manufactured homes subject to Section W
107.44.17 of this article are permitted to be reinforced piers or other foundation elements of V_
at least equivalent strength.
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(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation E
requirements of the Florida Building Code, Residential Section R322.3 and this ordinance.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties
to ground anchors. This anchoring requirement is in addition to applicable state and local
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S.4.h
anchoring requirements for wind resistance.
D. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall
comply with Section 107.44.E or 107.44.F of this article, as applicable.
E. General elevation requirement.Unless subject to the requirements of Section 107.44.F of this
article, all manufactured homes that are placed, replaced, or substantially improved on sites
located: (a) outside of a manufactured home park or subdivision; (b)in a new manufactured home
6
park or subdivision; (c)in an expansion to an existing manufactured home park or subdivision; or a
(d) in an existing manufactured home park or subdivision upon which a manufactured home has
incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the W
frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida
Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). U)
F. Elevation requirement for certain existing manufactured home parks and subdivisions.
Manufactured homes that are not subject to Section 107.110.E of this article, including
manufactured homes that are placed, replaced, or substantially improved on sites located in an 0
existing manufactured home park or subdivision, unless on a site where substantial damage as U_
result of flooding has occurred, shall be elevated such that either the: N
(1) Bottom of the frame of the manufactured home is at or above the elevation required, as
applicable to the flood hazard area, in the Florida Building Code, Residential Section U
R322.2 (Zone A) or Section R322.3 (Zone V); or
LO
(2) Bottom of the frame is supported by reinforced piers or other foundation elements of at
00
least equivalent strength that are not less than 36 inches in height above grade. Q
N
G. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such
enclosed areas, as applicable to the flood hazard area.
0
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H. Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall
CU
comply with the requirements of the Florida Building Code, Residential Section R322, as 2
applicable to the flood hazard area.
Sec. 107.111. - Recreational Vehicles and Park Trailers. X
N
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A. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood
hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; and
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or park
model is on wheels or j acking system, is attached to the site only by quick-disconnect type
utilities and security devices, and has no permanent attachments such as additions, rooms,
stairs, decks and porches.
B. Permanent placement.Recreational vehicles and park trailers that do not meet the limitations
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S.4.h
in Section 107.11 IA of this article for temporary placement shall meet the requirements of Section
107.110 of this article for manufactured homes.
Sec. 107.112. - Tanks.
A. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent _
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during
conditions of the design flood, including the effects of buoyancy assuming the tank is empty.
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B. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation 0
requirements of Section 107.46.0 of this article shall:
w
(1) Be permitted in flood hazard areas(Zone A)other than coastal high hazard areas,provided
the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse U
or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions
of the design flood, including the effects of buoyancy assuming the tank is empty and the
effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V). 0
LL
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C. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated
to or above the design flood elevation and attached to a supporting structure that is designed to
prevent flotation, collapse or lateral movement during conditions of the design flood. Tank- U
supporting structures shall meet the foundation requirements of the applicable flood hazard area.
LO
D. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 00
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, 0
including the effects of buoyancy, during conditions of the design flood. a
0
Sec. 107.113. - Other Development.
A. General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified in
this ordinance or the Florida Building Code, shall: W
N
(1) Be located and constructed to minimize flood damage;
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(2) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
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(3) Be constructed of flood damage-resistant materials; and
(4) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
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S.4.h
B.Detached accessory structures in coastal high hazard areas (Zone V). In coastal high hazard
areas, detached garages are not permitted. Detached accessory structures used only for storage that
are 100 square feet or less in area are permitted below the base flood elevation provided the
structures comply with Section 107.47. A. of this article.
C. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios
and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard
6
areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and a
similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided
the concrete slabs are designed and constructed to be: W
a
(1) Structurally independent of the foundation system of the building or structure; I
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four(4)inches. a
0
D. Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of U-
N the Florida Building Code,in coastal high hazard areas decks and patios shall be located, designed, T-
and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and anyLO
supporting members that extend below the design flood elevation shall comply with the 9
foundation requirements that apply to the building or structure, which shall be designed to T-
accommodate any increased loads resulting from the attached deck. a
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(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood conditions 0
or to break apart into small pieces to minimize debris during flooding that is capable of a
causing structural damage to the building or structure or to adjacent buildings and
structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design professional w
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that N
would increase damage to the building or structure or to adjacent buildings and structures. T-
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
E. Other development in coastal high hazard areas (Zone V). In coastal high hazard areas,
development activities other than buildings and structures shall be permitted only if also authorized
19
Packet Pg.4560
S.4.h
by the appropriate federal, state or local authority; if located outside the footprint of, and not
structurally attached to, buildings and structures; and if analyses prepared by qualified registered
design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures. Such other
development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function a
to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
U)
F. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted
for landscaping and for drainage purposes under and around buildings.
0
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units _
horizontal shall be permitted only if an analysis prepared by a qualified registered design N
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
U
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around LO
elevated buildings are permitted without additional engineering analysis or certification of 00
the diversion of floodwater or wave runup and wave reflection if the scale and location of
the dune work is consistent with local beach-dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal structural member
of the building.
a
SECTION 3. Land Development Code, Chapter 110 — Definitions, Article 3 is hereby
amended by the following:
ene pefeent ef gfea+er- ehanee ef fleeding in a..y 5-1.. Y'ar-. This term is syneflym tis with the 2
rt„rase "sro ; ,i flead hazard
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ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by
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the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
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Base Flood Elevation: The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map(FIRM). [Also defined in FBC,B, Section 202.1
The water- sur-faee elevation asseeiated with the base flood.
20
Packet Pg.4561
S.4.h
A wall that is flatpal4af the stmetur-al stippai4af the building and is intended
thr-ough its design and eanstmetion to eallapse under-speeifie later-a!Wading for-ees withatit eatising
Declaration of Land Restriction (Nonconversion Agfeement). A form provided by the
Floodplain Administrator to be signed by the owner and recorded on the property deed in Official
Records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that
is inconsistent with the terms of the building permit and these regulations, enclosures below 0
elevated buildings.
0
Design flood. The flood associated with the greater of the following two areas: [Also defined
in FBC, B, Section 202.1 w
(1) Area with a floodplain subject to a 1-percent or greater chance of floodingin n any year, or U
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(2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise
legally designated.
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Design flood elevation. The elevation of the"design flood," including wave height, relative to 0
the datum specified on the community's legally designated flood hazard map. In areas designated U_
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of theCN
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number U
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.1
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Development: Any man-made change to improved or unimproved real estate, including, but CO
not limited to; buildings or other structures, tanks, temporary structures, mining, dredging, filling, CN
grading, paving, excavating, er drilling operations, temporary or permanent storage of materials
or equipment or any other land disturbing activities.
a
land into two (2) or-fnar-e pafvels. 0
following ietiyitere-9-o uses sh"lzcll be taken t6 involve "development":
,f a st t,, o ,, land ,to
or- X
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units in a stmettir-e or- an land or- a fnater-ial iner-ease in the atimber- of businesses-,
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land.
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3. Alter-ation of a share or-bank of a seaeaast, lake, pond or- eanal, ineluding any wafk
as
ean
d tions o .,t,,-.,1 share and inlet p
of of land.
21
Packet Pg.4562
S.4.h
. .,f,ti,.,,,..,-eyes to the oarte t allowed by law.
7. Deposit of-rreftise, solid of liquid waste, fi11 a a par-eel of land.
B. "Development"
"development"
r-efer-s to the aet of developing of - the r-esul+
paftieulaf operations is not intended to lifnit the geaefa4y of this definition-. 2
G. For- the pur-pose of this ehaptef, the fellowi is of uses shall not be taken to W
involve "de elo eat4
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stmeta e, if the .a-LE aff-eets 1y the ealeff of decaiution of the e�tefiof of the �
wed-
2
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way sueh as yards and other-non natdr-al planting areas. C°J
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r-eqttifed by law.
6. The elear-ing of sufNey euts or- other-paths of less than fatif(4) feet in width and
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C-o� iitaiaed in fnewed state prior-to the eff-eetive date of the plan, the
D. For fleadplain managemeat pc'rr-poses any man made change—to impr-oPed—ef
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fnining, dredging, filling, gr-ading, pA-"*-- ---a-tion or-drilling operations or- star-age-of cal
Development Order: Any order granting, denying, or granting with conditions, an application E
for a development permit.
Development OFde,-, The approval by the G4y of a proposal eantaining a speeifie plan
the final approval given by the T-RG in aeear-danee with the of the land development,
22
Packet Pg.4563
S.4.h
„b et to eaneur-r-eney.
Development Permit: Any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception,variance, or any other official action having the effect of permitting
the development of land. plat approval subdivision „la a', „*14Y r *,
the- .,etio,, having the e9 et fro „thor- .iag development.
eleva+ed fleer-raised abeve gf:etind level by fetinda+ien walls, shear-walls, posts, pier-s, pilings, er- 'a
eolumfis.
F-R?A4s eff-eetive befer-e that date. "&iisting eenstmetien" may also be referred to as
stmetuH$s.
Existing Building and Existing Structure. Buildings and structures for which the "start of
construction" commenced on or after October 16, 2000. 0
Existing Manufactured AA4�k—Home Park(Flood
plain): A manufactured mebile home park CN
for which the construction of facilities for servicing the lots on which the mobile homes are to be CN
affixed (including at a minimum the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before October 16, 2000. the U
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"stai4 of "
00
Expansion to an Existing ManufacturedA44ik—HOme Park(Flood plain): The preparation of N
additional sites by the construction of facilities for servicing the lots on which the mobile homes
are to be affixed (including the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads). 0
Flood damyZe-resistant materials. Any construction material capable of withstanding direct 0
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 202.1
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.1 X
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any CN
V-
year.
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM): The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 202.1 4Fsuf^~nee
that identifies, based e4-;- de*ftile�— Aff- analysis, af:eas ef 100 yeaf:fleed ha
23
Packet Pg.4564
S.4.h
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 202.1
-44-w-fra ee zone Pesigwat4ons., The zone designations that appear- an the Flood
!asur-aaee Rate Map.Eaeh designation indieates the magaitude of the flood hazard within a speeifie
Flood
plain Administrator. The office or position designated and charged with the 0
administration and enforcement of this ordinance (may be referred to as the Floodplain Manager), 2
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pr-ene areas. This term deser-ibes any eembina+ien ef Feder-a!, Sta+e er- leeal r-egdWiens whie.h.
health r-egulations, and other- applieations of poliee power- whieh eantr-al development in flood
eantents needed to pro tpdetur-al failur-e,to keep water-out, or-to r-eduee eff-eets of wat— 0
,v4006Af,t#,or-Regniator-Y,F4006Af,t#,.-- An inlet or-other-water-eatir-se and adj aeeat land areas th
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year-flood elevation fner-e than a designated height,
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Florida Building Code. The family of codes adopted by the Florida Building Commission, 9
including: Florida Building Code,Building;Florida Building Code,Residential;Florida Building T-
Code, Existing Building; Florida Building Code, Mechanical;Florida Building Code, Plumbing; N
Florida Building Code, Fuel Gas.
A faetar- of saf�4y usually eEpr-essed in feet above a flood level fOr- ptir-PE)ses E)
eantr-ibute to flood heights greater-than the height ealetilated for-a sele6ted siZe fIE)E)d afid fIE)E)dWay 0
the waters! - Jabstmet the flow of velaeit-y water- and wave aetion beneath the lowest h0fizOatal stM6ttffal
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member-ef the lewest fleer-ef tan eleva+ed beilding der-ing a base fleed event is flet allewed. This w
o It ri;os � o statettir-es of , .,;� Zones (NrE os) c°Nthe
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Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloadingof f cargo or passengers, and ship building and ship
repair facilities, the term does not include long-term storage or related manufacturing facilities.
Hardship (as related to Chapter 107, Article 12). The exceptional difficulty associated with
the land that would result from a failure to grant the requested variance. The community requires
that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or
financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical
24
Packet Pg.4565
S.4.h
handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule,
qualify as an exceptional hardship. All of these problems can be resolved through other means
without granting a variance, even if the alternative is more expensive, or requires the property
owner to build elsewhere or put the parcel to a different use than originally intended.
Historic Structure (as related to Chapter 107, Article 12): Any structure that is determined
eligible for the exception to the flood hazard area requirements of the Florida Building Code,
ExistingBuildita Chapter 12 Historic Buildings.: a�
A. Listed individually in the National Register- of Mistar-ie Plaees (a !is ie&b-y 0
the Depai4fneat of later-iar-) Ew pr-elifniaar-ily deter-mined by the Seer-etar-y of the We
'he r-equir-ements for-individual listing E)a the National Register-, w
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1. By an appr-aved state pr-agr-afn as detefmined by the Se6r-etar-y of the later-iar-; OF c�
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Letter ofMap Change (LOMC). An official determination issued by FEMA that amends or revises
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an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: 00
Letter of Map Amendment(LOMA): An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special flood hazard area. 0
Letter of Map Revision (LOMR): A revision based on technical data that may show �
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill(LOMR-F): A determination that a structure or parcel
of land has been elevated by fill above the base flood elevation and is, therefore, no longer
located within the special flood hazard area. In order to qualify for this determination, the Z
fill must have been permitted and placed in accordance with the community's floodplain w
management regulations. N
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study, upon submission and approval of certified as-built documentation, a <
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Table of Comparisons
SECTION 2
Chapter 107— General Development Standards
25
Packet Pg.4566
S.4.h
Article 12 —Floodplain Management
Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirements of the Florida Building Code or ASCE 24this ai4iele.
6
Manufactured home. A structure, transportable in one or more sections, which is eight (8) a
feet or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when W
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle" or"park trailer." [Also defined in 15C-1.0101, F.A.C.] U)
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
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N
amended.
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faf:establishing var-ious elevations within the fleadplain. For-pur-poses of fleadplain managemeat
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New Construction: For floodplain management purposes, any structure for which the "start of It-
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construction: commended on or after October 16, 2000 and the e€feetive date ofthe initial N
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data establishes the area -ef-speeraz . The also includes any subsequent
improvements to such structures. Fer f4eed instir-aneeTates, new eenstpdetien ineltidesstpdeta
0
these eeatmlet� t , 1975.
New manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads)is completed on or after. W
N
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V-
ate- sur-faee ofo..a o s
Park trailer. A transportable unit which has a body width not exceeding fourteen (14)feet and
which is built on a single chassis and is designed to provide seasonal or temporary living quarters
when connected to utilities necessary for operation of installed fixtures and appliances. [Defined
in section 320.01, F.S.]
26
Packet Pg.4567
S.4.h
ee Aet of 1�iabe mended
Public safety and nuisance: Anything which is injurious to safety or health of the entire
community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the
free passage or use, in the customary manner, of any navigable canal or basin.
either-have been damaged, altered Ew r-emoved Ew shall be altered to an e�Eteat e�Eeeediag 90 per-eent 0
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Recreational vehicle (Floodplain). A vehicle, including a park trailer, which is: [See
section 320.01, F.S.)
(1) Built on a single chassis,
(2) Four hundred (400) square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a fight-duty truck, and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
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Special Flood Hazard Area: An area in the floodplain subject to a 1 percent or greater chance
of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO,
Al-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202]iffieffos an a LO
having a speeial flood hazard and shown E)a a FIE)E)d 14azar-d Batiadar-y or- Flood 00
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Start of Construction: lael rdc,Tsubstc'ntial impr-evements, The-actual st r means the first,
the patir-ing of slabs or-footings, installation of piles, eanstpdetion of ealtimas, or-any war-k beyond
0
eanstmetion does not inelude land stieh as elearing, grading and filling; 4qAr- dAk..q it
of eanstmetion means the first alteration of any wall, eeiling, flear-, or- other- stmetur-al pai4 of-a
. The date of
issuance of permits for new construction and substantial improvements, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement x
is within 180 days of the date of the issuance. The actual start of construction means either the N
first placement of permanent construction of a building(including a manufactured home)on a site,
It-
such as the pouring of slab or footings, the installation of piles, or the construction of columns.
Permanent construction does not include land preparation (such as clearing,grading, or filling), E
the installation of streets or walkways, excavation for a basement, footings, piers, or foundations,
the erection of temporary forms or the installation of accessory buildings such as garages or sheds <
not occupied as dwelling units or not part of the main buildings. For a substantial improvement,
the actual "start of construction" means the first alteration of any wall, ceiling, floor or other
structural part of a building, whether or not that alteration affects the external dimensions of the
building.[Also defined in FBC, B Section 202.1
27
Packet Pg.4568
S.4.h
Substantial Damage: The damage f., ar-iginstistained by a sift,t .,,hereby the bast �
'he stfttetur-e to its before damaged eandition would equal E)r- e�E6eed 50 per-6eflt Of the
fnaf:ket value of the stmetur-e before the damage aeetifFed. Damage of I .—. . eludes, but is
Damage of any
origin sustained by a building or structure whereby the cost of restoring the building or structure
to its before-damaged condition would equal or exceed 50 percent of the market value of the
building or structure before the damage occurred.
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0
streets, titilities, and pa&
Substantial Improvement: Any combination of repair, reconstruction, rehabilitation, addition, _
or other improvement of a building or structure taking place during a 3-year period,the cumulative N
4+e cost of which equals or exceeds 50 percent of the market value of the structure, either; (1)
before the improvement or repair is started; or (2) if the structure has been damaged and is being
restored, before the damage occurred. The period of accumulation begins when the first
improvement or repair of each building is permitted subsequent to June 1,2012. This term includes
LO
structures which have incurred "substantial damage", regardless of the actual repair work i
00
performed.
N
The term does not, however, include either:
A. Any proj ect for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living 0
conditions; or 0
B. Any alteration of a "historic structure" provided that the alteration will not preclude the
structure's continued designation as a "historic structure".
Variance (Floodplain). A grant of relief from the requirements of this ordinance, or the
flood resistant construction requirements of the Florida Building Code,which permits construction X
in a manner that would not otherwise be permitted by this ordinance or the Florida Building N
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SECTION 4. Land Development Code, Chapter 108— Nonconformities is hereby amended
by the following:
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Sec. 108.08. —Nonconforming Structures.
Modify Section 108.08. -Nonconforming Structures as follows:
2. An existing lawful nonconforming mobile home may be repaired, rebuilt, or replaced
only in accordance with the following requirements:
28
Packet Pg.4569
S.4.h
(a) The repaired, rebuilt, or replaced mobile home meets the requirements and
limitations in Chapter 104 "Use Regulations" and shall comply with the elevation
and anchoring requirements of Article 12, "Floodplain Management" ni4irale 12,
"100 Year-Flaa,arlaii L' of Chapter 107; and
SECTION 5. Code of Ordinances, Chapter 6—Buildings and Building Regulation is hereby
amended by the following administrative and technical amendments to the Florida Building 0
Code as
0
Sec. 6-25 Amendments to the Florida Building Code, Building
w
Modify Sec. 107.3.5 as follows:
CD
as
107.3.5 Minimum plan review criteria for buildings.
Commercial Buildings: Building CL
8. Structural requirements shall include: 0
U_
Flood requirements in accordance with Section 1612,including lowest floor
elevations, the City of Marathon's V-Zone Certification form, FEMA's
Floodproofing Certification form (FEMA Form 086-0-34), enclosures,
declaration of land restriction (nonconversion agreement), flood damage-
resistant materials.
Residential (one- and two-family): Go
T_
CD
6. Structural requirements shall include:
as
Flood hazard areas, flood zones, design flood elevations, lowest floor
elevations, enclosures, declaration of land restriction (nonconversion
agreement), equipment, and flood damage-resistant materials. 0
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0
Modify Sec. 110.3 as follows:
110.3 Required inspections. CD
Building [partial shown]
1. Foundation inspection.
1.1.In flood hazard areas, upon placement of the lowest floor, including W
basement, and prior to further vertical construction, the FEMA Elevation
Certificate(FEMA Form 086-0-33)4e��� shall be submitted
to the authority having jurisdiction. E
5. Final inspection.
5.1.In flood hazard areas, as part of the final inspection, final FEMA Elevation
Certificate (FEMA Form 086-0-33) 4ffa �� of the lowest floor
elevation shall be submitted to the authority having jurisdiction.
Modify Sec. 202 as follows:
29
Packet Pg.4570
S.4.h
east of r-ester-ing the stfttetur-e to its before damaged eandition would equal E)r- e�Eeeed 50
ed
0
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction,
rehabilitation, alteration, addition or other improvement of a building or structure taking W
place during a 3—year period, the cumulative cost of which equals or exceeds 50 percent of
the market value of the structure before the improvement or repair is started. The period U
of accumulation begins when the first improvement or repair of each building or structure
is permitted subsequent to June 1, 2012. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the actual repair work
performed. The term does not, however, include either: 0
1. Any project for improvement of a building required to correct existing health, sanitary U-
or safety code violations identified by the building official and that is the minimum N
T-
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the U
structure's continued designation as a historic structure.
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00
Sec. 6-26 Amendments to the Florida Building Code, Existing Building
Modify Sec. 202 as follows:
0
per-eent of the mar-ket value of the stpdetur-e before the damage aeetifFed. The tefm also
10 year-period f4-A.A.,hireh the east of repairs at the tifne of eaeh stieh flood event, an average,
od
X
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction,
rehabilitation, alteration, addition or other improvement of a building or structure taking
place during a 3—year period, the cumulative cost of which equals or exceeds 50 percent of
the market value of the structure before the improvement or repair is started. The period E
of accumulation begins when the first improvement or repair of each building or structure
is permitted subsequent to June 1, 2012. If the structure has sustained substantial damage, <
any repairs are considered substantial improvement regardless of the actual repair work
performed. The term does not, however, include either:
3. Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that is the minimum
30
Packet Pg.4571
S.4.h
necessary to assure safe living conditions.
4. Any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
Sec. 6-27 Amendments to the Florida Building Code, Residential
Modify Sec. R322 as follows:
R322.2.2 Enclosed area below design flood elevation. Enclosed areas, including crawl a
spaces, that are below the design flood elevation shall:
1. Be used solely for parking of vehicles, building access or storage. The interior W
portion of such enclosed areas shall not be partitioned or finished into separate
rooms except for stairwells, ramps, and elevators, unless a partition is required U
by the fire code. The limitation on partitions does not apply to load bearing
walls interior to perimeter wall (crawlspace) foundations. Access to enclosed
areas shall be the minimum necessary to allow for the parking of vehicles
(garage door) or limited storage of maintenance equipment used in connection 0
with the premises standard exterior door) or entry to the building (stairway or U_
elevator). N
Remainder unchanged
U
R322.3.4 Walls below design flood elevation. Walls and pai4itiefl are permitted below
the elevated floor, provided that such walls and rai4itia are not part of the structural LO
support of the building or structure and: 00
00
1. Electrical, mechanical and plumbing system components are not to be mounted on N
or penetrate through walls that are designed to break away under flood loads; and
2. Are constructed with insect screening or open lattice; or
3. Are designed to break away or collapse without causing collapse, displacement or
other structural damage to the elevated portion of the building or supporting 0
foundation system. Such walls, framing and connections shall have a resistance of not 0
less than 10 (479 Pa) and not more than 20 pounds per square foot (958 Pa) as
determined using allowable stress design; or
4. Where wind loading values of this code exceed 20 pounds per square foot(958 Pa),
as determined using allowable stress design, the construction documents shall include
documentation prepared and sealed by a registered design professional that: a
4.1. The walls and pai4itiens below the design flood elevation have been designed W
to collapse from a water load less than that which would occur during the base
It-
flood.
4.2. The elevated portion of the building and supporting foundation system have
been designed to withstand the effects of wind and flood loads acting
simultaneously on structural and nonstructural building components. Water-
loading values used shall be those associated with the design flood. Wind-loading
values shall be those required by this code.
5. Walls intended to break away under flood loads as specified in Item 3 or 4 have
flood openings that meet the criteria in Section R322.2.2, Item 2.
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R322.3.5 Enclosed areas below the design flood elevation. Enclosed areas below the
design flood elevation shall be used solely for parking of vehicles, building access or
storage. The interior portion of such enclosed area shall not be temperature-controlled or
partitioned or finished into separate rooms except for stairwells, ramps, and elevators,
unless a partition is required by the fire code. Access to enclosed areas shall be the
minimum necessary to allow for the parking of vehicles(garage door) or limited storage of
maintenance equipment used in connection with the premises (standard exterior door) or
entry to the building (stairway or elevator
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0
R322.3.6 Construction documents. The construction documents shall include the City of
Marathon's V-Zone Certification form ,a,,,.time tat ,, that is prepared and sealed by a W
registered design professional that the design and methods of construction to be used meet
the applicable criteria of this section. U
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Sec. 6-52 —Building or site preparation permits required; exceptions
Modify (a)(1)a.l.v as follows: 0
U-
v. No structural fill may be placed in a coastal high hazard area ("VE" flood N
V-
zone)as described in Article 15 4-2 of Chapter 107 of the Marathon Code of
Ordinances; and U
SECTION 6. FISCAL IMPACT STATEMENT. '
In terms of design,plan application review, construction and inspection of buildings and structures, 00
00
the cost impact as an overall average is negligible in regard to the local technical amendments
because all development has been subject to the requirements of the local floodplain management
ordinance adopted for participation in the National Flood Insurance Program. In terms of lower
potential for flood damage, there will be continued savings and benefits to consumers.
0
SECTION 7. APPLICABILITY. 0
For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Marathon.
This ordinance shall apply to all applications for development, including building permit
applications and subdivision proposals, submitted on or after the effective date of this ordinance.
SECTION 8. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the City Council of the City of Marathon that the provisions of this ordinance W
shall become and be made a part of the City of Marathon's Code of Ordinances, and that the V-
sections of this ordinance may be renumbered or relettered and the word "ordinance" may be
changed to "section," "article," "regulation," or such other appropriate word or phrase in order to
accomplish such intentions.
SECTION 9. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared
by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any part thereof, other than the part so declared.
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SECTION 10. EFFECTIVE DATE.
This Ordinance shall be effective immediately upon approval by the State Department of
Economic Opportunity pursuant to Chapter 380, Florida Statutes.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF _
MARATHON, FLORIDA, THIS 14th DAY OF AUGUST, 2018.
THE CITY OF MARATHON, FLORIDA a
U)
Michelle Coldiron, Mayor
AYES: Zieg, Bartus, Senmartin, Cook, Coldiron
NOES: None 0
ABSENT: None -
ABSTAIN: None
ATTEST:
00
Diane Clavier, City Clerk
(City Seal)
c�
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
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City Attorney, David Migut
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Packet Pg.4574
Exhibit 7
Sponsored by: Garrett
Introduction Date: February 9, 2021
Public Hearing Dates: February 9, 2021
March 9, 2021
Enactment Date: March 9, 2021
CITY OF MARATHON, FLORIDA
ORDINANCE 2021-06
0
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF '0
MARATHON AMENDING THE LAND DEVELOPMENT CODE TO
AMEND CHAPTER 107 GENERAL DEVELOPMENT STANDARDS,
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ARTICLE 12 FLOODPLAIN MANAGEMENT TO PROVIDE CRITERIA
e
FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS AND U)
TO SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD
HAZARD AREAS; AMENDING CHAPTER 110 DEFINITIONS; AND
PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. 0
c
WHEREAS, the Legislature of the State of Florida in Chapter 166 — Municipalities
Florida Statutes, confers upon local governments the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry; and
a
WHEREAS, the Federal Emergency Management Agency released FEMA Policy 4104-
00E-03 Floodplain Management Requirements Accessory Structures; and C?
T-
CD
WHEREAS, the City Council body has determined it appropriate to adopt regulations
that are consistent with the FEMA Policyto allow issuance of permits for wet flood roofed L-
P P 0
accessory structures that are not larger than the sizes specified in the FEMA Policy. r-
WHEREAS, the City of Marathon participates in the National Flood Insurance Program
and participates in the NFIP's Community Rating System, a voluntary incentive program that
recognizes and encourages community floodplain management activities that exceed the
minimum program requirements, achieving a CRS rating of Class 6; and
X
WHEREAS, in 2020 the NFIP Community Rating System established certain minimum
T-
prerequisites for communities to qualify for or maintain class ratings of Class 8 or better and to
satisfy the prerequisite and for the City of Marathon Key to maintain the current CRS rating, all
manufactured homes installed or replaced in special flood hazard areas must be elevated such
that the lowest floors are at or above at least the base flood elevation plus 1 foot, which
necessitates modification of the existing requirements; and
WHEREAS, the City Council determined that it is in the public interest to amend the
floodplain management regulations to better protect owners and occupants of manufactured
homes and to continue participating in the Community Rating System at the current class rating.
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S.4.i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA,AS FOLLOWS:
Section 1. The above recitals are hereby confirmed and adopted.
Section 2. Land Development Code Chapter 107 General Development Standards,
Article 12 Floodplain Management is hereby amended by the following amendments:
CHAPTER 107 GENERAL DEVELOPMENT STANDARDS
ARTICLE 12. - FLOODPLAIN MANAGEMENT 'a
Section 107.98. - General. 2
A. Title. These regulations shall be known as the Floodplain Management Ordinance of the 2
w
City of Marathon, hereinafter referred to as "this ordinance."
B. Scope. The provisions of this ordinance shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the subdivision of
land; filling, grading, and other site improvements and utility installations; construction,
alteration, remodeling, enlargement, improvement, replacement, repair, relocation or
demolition of buildings, structures, and facilities that are exempt from the Florida Building 0
Code; placement, installation, or replacement of manufactured homes and manufactured U-
N
buildings; installation or replacement of tanks; placement of recreational vehicles; T-
installation of swimming pools; and any other development. U
C. Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety, and general welfare and to minimize public and private
losses due to flooding through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times
of flooding; 0
r.
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
3 Manage filling, grading, dredging, minin avin excavation drilling operations,
O g g� g g� g� paving, g P , �
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
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(4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of N
development on the natural and beneficial functions of the floodplain; T-
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
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S.4.i
D. Coordination with the Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited,
ASCE 24 refers to the edition of the standard that is referenced by the Florida Building
Code.
E. Warning. The degree of flood protection required by this ordinance and the Florida
Building Code, as amended by this community, is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods
can and will occur. Flood heights may be increased by man-made or natural causes. This
0
ordinance does not imply that land outside of mapped special flood hazard areas, or that uses
permitted within such flood hazard areas, will be free from flooding or flood damage. The 0
flood hazard areas and base flood elevations contained in the Flood Insurance Study and
shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal W
Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management
Agency, requiring this community to revise these regulations to remain eligible for
participation in the National Flood Insurance Program. No guaranty of vested use, existing
use, or future use is implied or expressed by compliance with this ordinance.
F. Disclaimer of Liability. This ordinance shall not create liability on the part of the City 0
Council of the City of Marathon or by any officer or employee thereof for any flood damage U_
that results from reliance on this ordinance or any administrative decision lawfully made N
thereunder.
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(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.99. - Applicability.
A. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable. N
N
B. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas
within the City of Marathon, as established in Section 107.99.C107.�!.Oof this chapter. 0
a
C. Basis for establishing flood hazard areas and Species Focus Areas and Real Estate
Numbers.
(1) The Flood Insurance Study for Monroe County, Florida and Incorporated Areas dated
February 18, 2005, and all subsequent amendments and revisions, and the
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and X
revisions to such maps, are adopted by reference as a part of this ordinance and shall W
serve as the minimum basis for establishing flood hazard areas. Studies and maps that
establish flood hazard areas are on file at City Hall, 9805 Overseas Highway, Marathon,
FL 33050.
(2) The Species Focus Area Maps (SFAMs) and the real estate numbers of parcels (RE
List) that are within the SFAMs identified by the U.S. Fish and Wildlife Service in <
accordance with the Biological Opinion, dated April 30, 2010, as amended, for the City
of Marathon, and any subsequent revisions there to, are hereby declared to be a part of
this ordinance. The SFAMs and RE list are on file at the city hall.
D. Submission of additional data to establish flood hazard areas. To establish flood hazard
areas and base flood elevations, pursuant to Section 107.102.1 107.�5—of this chapter the
3
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S.4.i
Floodplain Administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography
accepted by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements of
the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that 'a
removes the area from the special flood hazard area.
E. Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions W
of local, state or federal law.
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F. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for
management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land development regulations,
zoning ordinances, stormwater management regulations, or the Florida Building Code. In
the event of a conflict between this ordinance and any other ordinance, the more restrictive U-
shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but N
any land that is subject to such interests shall also be governed by this ordinance.
G. Interpretation. In the interpretation and application of this ordinance, all provisions shall U
be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and N
N
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
0
(Ord. No. 2018-05 , § 2, 8-14-2018) 0
Section 107.100. - Duties and Powers of the Floodplain Administrator.
A. Designation. The City Manager is designated as the Floodplain Administrator. The
Floodplain Administrator may delegate performance of certain duties to other employees,
particularly the Building Official and the Certified Floodplain Manager. ;2
B. General. The Floodplain Administrator is authorized and directed to administer and enforce
X
the provisions of this ordinance. The Floodplain Administrator shall have the authority to
render interpretations of this ordinance consistent with the intent and purpose of this
ordinance and may establish policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies, and procedures shall not have the effect of
waiving requirements specifically provided in this ordinance without the granting of a
variance pursuant to Section 1 n� 107.102.3 of this ordinance.
C. Applications and permits. The Floodplain Administrator, in coordination with other
pertinent offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development will
be located in flood hazard areas;
4
Packet Pg.4578
S.4.i
(2) Review applications for modification of any existing development in flood hazard
areas for compliance with the requirements of this ordinance;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources
or shall be developed by an applicant; a�
(6) Review applications to determine whether proposed development will be reasonably 0
safe from flooding;
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(7) Issue development permits for development other than buildings and structures that
are subject to the Florida Building Code, including buildings, structures and facilities U
exempt from the Florida Building Code, when compliance with this ordinance is
demonstrated, or disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard 0
areas comply with the applicable provisions of this ordinance. CN
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D. Substantial improvement and substantial damage determinations. For applications for
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other
improvement of or work on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall: N
N
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before 0
the start of construction of the proposed work; in the case of repair, the market value of 0
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged building
to its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure; �i
N
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; the determination requires evaluation of
previous permits issued for improvements and repairs as specified in the definition of
"substantial improvement"; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this ordinance is
required.
E. Modifications of the strict application of the requirements of the Florida Building Code.
The Floodplain Administrator shall review requests submitted to the Building Official that
5
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S.4.i
seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such requests
require the granting of a variance pursuant to Section 107.102.3 i n�of this ordinance.
F. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
ordinance.
G. Inspections. The Floodplain Administrator shall make the required inspections as specified "
in Section 107.102.2 i n�of this chapter for development that is not subject to the Florida
Building Code, including buildings, structures and facilities exempt from the Florida 'a
Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine 2
if development is undertaken without issuance of a permit. 2
H. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have I
other duties, including but not limited to:
(1) Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 107.100.1) 'n�.P of this chapter; a
(2) Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information necessary to N
V-
maintain the Flood Insurance Rate Maps if the analyses propose to change base flood
elevations or flood hazard area boundaries; such submissions shall be made within six U
(6) months of such data becoming available;
(3) Review required design certifications and documentation of elevations specified by
this ordinance and the Florida Building Code to determine that such certifications and V-
documentations are complete;
(4) Notify the Federal Emergency Management Agency when the corporate boundaries of 0
the City of Marathon are modified; and a
(5) Advise applicants for new buildings and structures, including substantial
improvements, that are located in any unit of the Coastal Barrier Resources System
established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal
Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not ;2
available on such construction; areas subject to this limitation are identified on Flood X
Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise N
N
Protected Areas." V-
I. Floodplain management records. Regardless of any limitation on the period required for
retention of public records, the Floodplain Administrator shall maintain and permanently
keep and make available for public inspection all records that are necessary for the
administration of this ordinance and the flood resistant construction requirements of the <
Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change;
records of issuance of permits and denial of permits; determinations of whether proposed
work constitutes substantial improvement or repair of substantial damage; required design
certifications and documentation of elevations specified by the Florida Building Code and
this ordinance; documentation related to appeals and variances, including justification for
issuance or denial; and records of enforcement actions taken pursuant to this ordinance and
6
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S.4.i
the flood resistant construction requirements of the Florida Building Code. These records
shall be available for public inspection at City Hall, 9805 Overseas Highway, Marathon, FL
33050.
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.101. -Permits.
A. Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who
intends to undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly
a�
within or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s)
and approval(s). No such permit or approval shall be issued until compliance with the W
requirements of this ordinance and all other applicable codes and regulations has been
satisfied. U)
B. Development permits. Development permits shall be issued pursuant to this ordinance for
any development activities not subject to the requirements of the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building Code.
Depending on the nature and extent of proposed development that includes a building or 0
structure, the Floodplain Administrator may determine that a development permit is required N
in addition to a building permit.
C. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance Program
(44 C.F.R. Sections 59 and 60), development permits shall be required for the following
buildings, structures and facilities that are exempt from the Florida Building Code and any
further exemptions provided by law, which are subject to the requirements of this ordinance:
c�
(1) Railroads and ancillary facilities associated with the railroad.
0
(2) Nonresidential farm buildings on farms, as provided in Fla. Stat. § 604.50. a
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in Fla. Stat. § 366.02,
which are directly involved in the generation, transmission, or distribution of electricity. a
w
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole CN
Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided V_
wooden but that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical,plumbing, or other non-wood features. E
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(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
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(9) Structures identified in Fla. Stat. § 553.73(10)(k), are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps.
D. Application for a permit or approval. To obtain a development permit the applicant shall
first file an application in writing on a form furnished by the community. The information
provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
2 Describe the land on which the proposed development is to be conducted b legal 0
O P P P Y g
description, street address or similar description that will readily identify and 0
definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section U
107.102.1 i n�of this chapter.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent. 0
(7) Give such other data and information as required by the Floodplain Administrator. U_
N
(8) For projects proposing to enclose areas under elevated buildings, include signed
Declaration of Land Restriction (Non-conversion Agreement); the agreement shall be
recorded on the property deed prior to issuance of the Certificate of Occupancy.
E. Validity of permit or approval. The issuance of a development permit pursuant to this
ordinance shall not be construed to be a permit for, or approval of, any violation of this
ordinance, the Florida Building Codes, or any other ordinance of this community. The Q
issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of 0
errors and omissions. 0
F. Expiration. A development permit shall become invalid unless the work authorized by such
permit is commenced within 180 days after its issuance, or if the work authorized is
suspended or abandoned for a period of 180 days after the work commences. Extensions for
periods of not more than 180 days each shall be requested in writing and justifiable cause
shall be demonstrated. W
N
G. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke CN
a development permit if the permit was issued in error, on the basis of incorrect, inaccurate
or incomplete information, or in violation of this ordinance or any other ordinance,
regulation or requirement of this community.
H. Other permits required. Floodplain development permits and building permits shall include
a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
(1) The South Florida Water Management District; Fla. Stat. § 373.036.
(2) Florida Department of Economic Opportunity, Fla. Stat. § 380.05, Areas of Critical
State Concern, and Fla. Stat. Ch. 553, Part IV, Florida Building Code.
8
Packet Pg.4582
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(3) Florida Department of Health for onsite sewage treatment and disposal systems; Fla.
Stat. § 381.0065 and Chapter 64E-6, F.A.C.
(4) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; Fla. Stat. § 161.055.
(5) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers;
Section 404 of the Clean Water Act.
(6) Federal permits and approvals. a�
0
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102. -Protection of Endangered Species.
A. Applications with Determination of Unsuitable Habitat. Upon receipt of a floodplain
development permit application for a property that is determined to be on the SFAMs and
the RE list as containing unsuitable habitat, the Floodplain Administrator shall place a letter
in the floodplain development permit file that indicates:
C,
(1) The name of the city official that made the determination; 0
(2) The date of the determination; and .2
N
(3) The date of the SFAM and RE list used to make the determination.
Once the determination has been made, the City of Marathon may take action on the U
floodplain development permit application without further concern for Federally threatened and
endangered species and their habitat.
B. Species Assessment Guides and Acceptance Form. The Species Assessment Guide for the
City of Marathon provided by the U.S. Fish and Service (Service), dated December 23,
2011, and any subsequent revisions there to, is hereby declared to be a part of this ordinance.
The Species Assessment Guide is on file at the city hall_ 0
0
(1) The City of Marathon shall use the Species Assessment Guide to determine whether
the applicant for a floodplain development permit application must seek technical
assistance by the Service. For applications that require such assistance, the City of
Marathon shall provide copies of the applications to the Service for review on a weekly
basis.
X
(2) Based on the Service's technical assistance, the City of Marathon shall condition the N
floodplain development permit to incorporate the Service's recommendations to avoid
and/or to minimize possible impacts on Federally listed threatened and endangered
species and their habitat.
(3) The City shall maintain an Acceptance Form of the Service's recommendations in the
permit file. The Acceptance Form shall be signed by the permit applicant and the
building official.
(4) The City shall use the Species Assessment Guides (SAGS) for properties that exist
within the boundaries of a completed Habitat Conservation Plan and which are subject
to the SFAMs. The Real Estate folio number list which accompanies the SFAMs will be
utilized in combination to determine if a development permit application must be
9
Packet Pg.4583
S.4.i
provided to the Service for technical assistance in order to meet the full requirements of
the FEMA-FWS Settlement.
C. Avoiding Impacts on Federally Listed Species. All proposed development shall meet the
conditions attached to floodplain development permits in accordance with Section 105.2(2)
to avoid possible impacts to Federally threatened and endangered species and their habitat.
(Ord. No. 2018-05 § 2, 8-14-2018)
Section 107.102.1. - Site Plans and Construction Documents. 0
A. Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this ordinance shall be drawn 0
2
to scale and shall include, as applicable to the proposed development: 2
w
(1) Delineation of flood hazard areas, flood zone(s), base flood elevation(s), and ground
elevations if necessary for review of the proposed development. U
(2) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide.
0
(3) Location, extent, amount, and proposed final grades of any filling, grading, or -
excavation. N
N
V-
(4) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and U
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
(5) Extent of any proposed alteration of sand dunes or mangrove stands, provided such N
alteration is approved by the Florida Department of Environmental Protection. N
(6) Existing and proposed alignment of any proposed alteration of a watercourse. 0
a
The Floodplain Administrator is authorized to waive the submission of site plans, 0
construction documents, and other data that are required by this ordinance but that are not
required to be prepared by a registered design professional if it is found that the nature of the
proposed development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance. ;2
B. Additional analyses and certifications. For activities that propose to alter sand dunes or
X
mangrove stands in coastal high hazard areas (Zone V), an engineering analysis signed and
sealed by a Florida licenses engineer that demonstrates that the proposed alteration will not 4,
increase the potential for flood damage shall be submitted with the site plan and construction u
documents.
C. Submission of additional data. When additional hydrologic, hydraulic or other engineering
data, studies, and additional analyses are submitted to support an application, the applicant
has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations or change boundaries of flood hazard areas shown on FIRMS, and to submit such
data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed
engineer in a format required by FEMA. Submittal requirements and processing fees shall
be the responsibility of the applicant.
10
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(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.2. - Inspections.
A. General. Development for which a development permit is required shall be subject to
inspection.
B. Development other than buildings and structures. The Floodplain Administrator shall
inspect all development to determine compliance with the requirements of this ordinance
and the conditions of issued development permits.
C. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain 6
Administrator shall inspect buildings, structures and facilities exempt from the Florida a
Building Code to determine compliance with the requirements of this ordinance and the
conditions of issued development permits. w
D. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor I
inspection. Upon placement of the lowest floor, including basement, and prior to further
vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator
the certification of elevation of the lowest floor prepared and sealed by a Florida licensed a
professional surveyor. 0
U-
E. Buildings, structures and facilities exempt from the Florida Building Code, final inspection. N
As part of the final inspection, the owner or owner's authorized agent shall submit to the
Floodplain Administrator a final certification of elevation of the lowest floor or final U
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 107.102.2.1)
n�.Pof this chapter.
N
F. Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that N
are installed or replaced in flood hazard areas to determine compliance with the
requirements of this ordinance and the conditions of the issued permit. Upon placement of a 0
manufactured home, certification of the elevation of the lowest floor shall be submitted to 0
the Floodplain Administrator.
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.3. - Variances and Appeals. ,2
A. General. The Planning Commission shall hear and decide on requests for appeals and X
requests for variances from the strict application of this ordinance. Pursuant to Fla. Stat. § N
553.73(5), the Planning Commission shall hear and decide on requests for appeals and T-
requests for variances from the strict application of the flood resistant construction
requirements of the Florida Building Code. This section does not apply to Section 3109 of E
the Florida Building Code, Building.
B. Appeals. The Planning Commission shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the Floodplain
Administrator in the administration and enforcement of this ordinance. Any person
aggrieved by the decision may appeal such decision to the Circuit Court, as provided by
Florida Statutes.
11
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C. Limitations on authority to grant variances. The Planning Commission shall base its
decisions on variances on technical justifications submitted by applicants, the considerations
for issuance in Section 107.102.3.17 107.105.F of this ordinance, the conditions of issuance
set forth in Section 107.102.3.G 10'7�-4 9 of this ordinance, and the comments and
recommendations of the Floodplain Administrator and the Building Official. The Planning
Commission has the right to attach such conditions as it deems necessary to further the
purposes and objectives of this ordinance. _
D. Historic buildings. A variance is authorized to be issued for the repair, improvement, or
0
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building, Chapter 0
12 Historic Buildings, upon a determination that the proposed repair, improvement, or
rehabilitation will not preclude the building's continued designation as a historic building W
and the variance is the minimum necessary to preserve the historic character and design of
the building. If the proposed work precludes the building's continued designation as a
historic building, a variance shall not be granted and the building and any repair,
improvement, and rehabilitation shall be subject to the requirements of the Florida Building
Code.
0
E. Functionally dependent uses. A variance is authorized to be issued for the construction or -
substantial improvement necessary for the conduct of a functionally dependent use, as defined in N
this ordinance, pr-Ewided toe ets toe Seetiar 107 ^, is the minimum V-
necessary considering the flood hazard, and all due consideration has been given to use of
methods and materials that minimize flood damage during occurrence of the base flood.
F. Considerations for issuance of variances. In reviewing requests for variances, the Planning
Commission shall consider all technical evaluations, all relevant factors, all other applicable
provisions of the Florida Building Code, this ordinance, and the following: N
N
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage; 0
a
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage
and the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community; X
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site; and
12
Packet Pg.4586
S.4.i
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.
G. Conditions for issuance ofvariances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
(2) Determination by the Planning Commission that: a�
(a) Failure to grant the variance would result in exceptional hardship due to the 0
physical characteristics of the land that render the lot undevelopable; increased 2
costs to satisfy the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights, additional U
threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with existing local laws and
ordinances; and CL
(c) The variance is the minimum necessary, considering the flood hazard, to afford 0
relief, N
N
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the U
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation, a copy
in the record of a written notice from the Floodplain Administrator to the applicant for N
the variance, specifying the difference between the base flood elevation and the
proposed elevation of the lowest floor, stating that the cost of federal flood insurance 0
will be commensurate with the increased risk resulting from the reduced floor elevation 0
(up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that
construction below the base flood elevation increases risks to life and property.
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.4. - Violations. X
w
A. Violations. Any development that is not within the scope of the Florida Building Code but N
that is regulated by this ordinance that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this ordinance or the
conditions established by grants of variance, shall be deemed a violation of this ordinance E
and punishable as a non-criminal violation. A building or structure without the
documentation of elevation of the lowest floor, other required design certifications, or other
evidence of compliance required by this ordinance or the Florida Building Code is presumed
to be a violation until such time as that documentation is provided.
B. Authority. For development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
13
Packet Pg.4587
S.4.i
property involved, to the owner's agent, or to the person or persons performing the work.
Nothing herein contained shall prevent the Floodplain Administrator from taking such other
lawful actions as are necessary to prevent or remedy any violation.
C. Unlawful continuance; fine. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be fined not
more than $500.00, and in addition, shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate offense.
a�
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.5. - Buildings and Structures.
Design and construction of buildings, structures and facilities exempt from the Florida W
Building Code. Pursuant to Section 107.10 LC of this ordinance, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial improvement or
repair of substantial damage of such buildings, structures and facilities, shall be designed and
constructed in accordance with the flood load and flood resistant construction requirements of
ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed
buildings shall comply with the requirements of Section 107.102.11 1 n� of this ordinance. 0
U-
N
(Ord. No. 2018-05 , § 2, 8-14-2018) N
Section 107.102.6. - Subdivisions.
A. Minimum requirements. Subdivision proposals, including proposals for manufactured home
parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage; and 0
0
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
B. Subdivision plats. Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be X
required: N
N
(1) Delineation of flood hazard areas and flood zones, and design flood elevations, as
appropriate, shall be shown on preliminary plats; and
(2) Compliance with the site improvement and utilities requirements of Section 107.102.7 U
i n� of this chapter.
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.7. - Site Improvements, Utilities and Limitations.
A. Minimum requirements. All proposed new development shall be reviewed to determine
that:
14
Packet Pg.4588
S.4.i
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
B. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private a�
sewage treatment plants (including all pumping stations and collector systems), and on-site 0
waste disposal systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to W
minimize or eliminate infiltration of floodwaters into the facilities and discharge from the
facilities into flood waters, and impairment of the facilities and systems.
C. Water supply facilities. All new and replacement water supply facilities shall be designed in
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and
CL
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 'a
0
D. Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown N
T-
of floodwaters,prolonged inundation, and protection against flood-related erosion and scour.
In addition to these requirements, if intended to support buildings and structures (Zone A U
only), fill shall comply with the requirements of the Florida Building Code.
E. Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas,
alteration of sand dunes and mangrove stands shall be permitted only if such alteration is T-
approved by the Florida Department of Environmental Protection and only if the N
engineering analysis required by Section 107.102.1.13 107 35 a of this chapter demonstrates
that the proposed alteration will not increase the potential for flood damage. Construction or 0
restoration of dunes under or around elevated buildings and structures shall comply with 0
Section 107.102.11.F(3) I Q:Z J:Z U(2of this chapter.
(Ord. No. 2018-05 § 2, 8-14-2018)
Section 107.102.8. - Manufactured Homes. ,2
A. General; limitation. All manufactured homes installed in flood hazard areas shall be X
installed by an installer that is licensed pursuant to Fla. Stat. § 320.8249,and shall comply N
with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance.
Unless located in a manufactured home park or subdivision, new installations of
manufactured homes are not permitted. New installations are not permitted in coastal high E
hazard areas (Zone V)under any circumstance.
B. Foundations. All new manufactured homes and replacement manufactured homes installed
in flood hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this ordinance. F,,,,,,,a t:,,,,s far h,,,,,,os „bjeet to
15
Packet Pg.4589
S.4.i
ono r*_s ofa4least o alert stror941:1
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this
ordinance.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral 0
movement. Methods of anchoring include, but are not limited to, use of over-the-top or 'a
frame ties to ground anchors. This anchoring requirement is in addition to applicable state 2
and local anchoring requirements for wind resistance. 2
D. Elevation. All manufactured homes that are placed_ replaced_ or substantially improved in
flood hazard areas shall be elevated such that the bottom of the frame is at or above the
elevation required_ as aplicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (Zone A) or R322.3 (Zone V and Coastal A
Zone).
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E_4;i- Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such
enclosed areas, as applicable to the flood hazard area.
F_9- Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities,
shall comply with the requirements of the Florida Building Code, Residential Section R322,
as applicable to the flood hazard area.
16
Packet Pg.4590
S.4.i
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.9. - Recreational Vehicles and Park Trailers.
A. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood
hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; and
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or _
park model is on wheels or jacking system, is attached to the site only by quick- �
disconnect type utilities and security devices, and has no permanent attachments such as 0
a�
additions, rooms, stairs, decks and porches.
2
B. Permanent placement. Recreational vehicles and park trailers that do not meet the
limitations in Section 107.102.9.A 107 111 1 4 of this ordinance for temporary placement
shall meet the requirements of Section 107.102.8 1 n� of this ordinance for
manufactured homes.
(Ord. No. 2018-05 , § 2, 8-14-2018)
C,
Section 107.102.10. - Tanks. a
A. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent U_
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads N
during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
U
B. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation ®a
requirements of Section 107.102.10.0 'n�(; of this chapter shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming a
the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
C. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated
to or above the design flood elevation and attached to a supporting structure that is designed ;2
to prevent flotation, collapse or lateral movement during conditions of the design flood. x
Tank-supporting structures shall meet the foundation requirements of the applicable flood N
hazard area.
It-
D. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the
inflow of floodwater or outflow of the contents of the tanks during conditions of the
design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
(Ord. No. 2018-05 , § 2, 8-14-2018)
17
Packet Pg.4591
S.4.i
Section 107.102.11. - Other Development.
A. General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not
specified in this ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the design 0
flood;
0
(3) Be constructed of flood damage-resistant materials; and
(4) Have mechanical, plumbing, and electrical systems above the design flood elevation
or meet the requirements of ASCE 24, except that minimum electric service required to U)
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code
for wet locations.
B. Detached accessory structures in coastal high hazard areas (Zone V). In coastal high 0
hazard areas, detached garages are not permitted. Detached accessory structures used only U_
for storage that are 100 square feet or less in area are permitted below the base flood N
T-
elevation provided the structures comply with Section 107.102.11.A '0''� A. of this
chapter. U
C. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios
and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard
areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses are permitted beneath or adjacent to buildings and N
structures provided the concrete slabs are designed and constructed to be:
0
(1) Structurally independent of the foundation system of the building or structure; a
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable
of causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four(4)inches.
D. Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of X
the Florida Building Code, in coastal high hazard areas decks and patios shall be located, W
designed, and constructed in compliance with the following: T_
(1) A deck that is structurally attached to a building or structure shall have the bottom of
the lowest horizontal structural member at or above the design flood elevation and any E
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed <
to accommodate any increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
Packet Pg.4592
S.4.i
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent
buildings and structures.
(3) A deck or patio that has a vertical thickness of more than 12 inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
0
reflection that would increase damage to the building or structure or to adjacent
buildings and structures. 0
(4) A deck or patio that has a vertical thickness of 12 inches or less and that is at natural 2
grade or on nonstructural fill material that is similar to and compatible with local soils
and is the minimum amount necessary for site drainage may be approved without U
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
E. Other development in coastal high hazard areas (Zone V). In coastal high hazard areas,
development activities other than buildings and structures shall be permitted only if also 0
authorized by the appropriate federal, state or local authority; if located outside the footprint U_
CN
of, and not structurally attached to, buildings and structures; and if analyses prepared by CN
qualified registered design professionals demonstrate no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to adjacent buildings and U
structures. Such other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures; CN
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed cN
and constructed to fail under flood conditions less than the design flood or otherwise 0
function to avoid obstruction of floodwaters; and a
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
F. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be x
permitted for landscaping and for drainage purposes under and around buildings. N
N
(2) Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to five
(5) units horizontal shall be permitted only if an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to adjacent buildings and
structures.
(3) Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand dunes under or
around elevated buildings are permitted without additional engineering analysis or
certification of the diversion of floodwater or wave runup and wave reflection if the
Packet Pg.4593
S.4.i
scale and location of the dune work is consistent with local beach-dune morphology and
the vertical clearance is maintained between the top of the sand dune and the lowest
horizontal structural member of the building.
(Ord. No. 2018-05 § 2, 8-14-2018)
Section 3. The Land Development Code, Chapter 110 Definitions, is hereby
amended by the following amendments: 0
a�
0
Chapter 110 - DEFINITIONS
ARTICLE 1. - GENERAL Section 110.00. - Construction of Words and Phrases.
U)
ARTICLE 3. - DEFINED TERMS
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Section 4. The Provisions of the Marathon Code and all Ordinances or parts of
Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. The provisions of this Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional,
Packet Pg.4594
S.4.i
such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance
shall stand notwithstanding the invalidity of any part.
Section 6. It is the intention of the City Council and it is hereby ordained the
provisions of this Ordinance shall become and be made part of the Marathon Code, that sections
of this Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the
word "Ordinance" shall be changed to "Section" or other appropriate word. 0
a�
0
Section 7. This Ordinance shall become effective immediately upon adoption on
second reading. 2
w
ENACTED BY THE CITY COUNCIL OF THE CITY OF MARATHON, U
FLORIDA, THIS 9TH DAY OF MARCH 2O21.
THE CITY OF MARATHON, FLORIDA
0
N
N
Luis Gonzalez, Mayor T-
c�
U
AYES: Zieg, Cook, Bartus, Senmartin, Gonzalez
NOES: None
ABSENT: None
T-
ABSTAIN: None c14
ATTEST: �
Diane Clavier, City Clerk
(CITY SEAL) x
CN
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T-
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
City Attorney, Steven T. Williams
Packet Pg.4595
Exhibit 8
S.4.j
LAYTO N
CHAPTER 114- FLOOD DAMAGE PREVENTIONM
Footnotes:
dliitoniµa unote ... Ord. Il No, 2018 09 Cy, § y, ad() led (1 y, 2018, urepeWed l]l e R)inreer CIln 114, §§ 114
1 ....1 l4...'1 , 114 4 3 l ly..4q 3, and 114 70 ..'1 14 72, and ena(1ed a new CIln. 'l'ly as sel ()el Ilnsereun I ne �.
R)ininer CIln. 114 peu-launed sliii nlilar sUbl e(1l irealler and deiJved lroire Il.and Devek)p ii nenl Cede ()f' CC ,
30 01 30.04, 30 06 ...30 .l y, 30 21 ...30 25, 30 33 ...,30 3�3; Ord II o 2011..09 01, § 2, ad() led Jan S,
201 rd No 2012 04...0 , ad() led May y, 2012, Ord No 2012...04 03, §§ y ...5, ad() led may y, 2012
0
State IllI aw referensee Se III n(;np W Il k)ii ne IIRWe Il oweirs (1, II' . (;h 133; Il...ocW GovernirrneiA
l egellalunll l aurvsaslalu ullpll,glaisssas �iallaisalllasurvsalu�; lllenia )ueyeu�iell , II ' S.l fay. tDlaurv �+lislius
ARTICLE I. - IN GENERAL
Sec. 114-1. -General.
CL
(a) Title.These regulations shall be known as the floodplain management ordinance of the City of Layton, o
hereinafter referred to as "this chapter." o
(b) Scope. The provisions of this article shall apply to all development that is wholly within or partially N
within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and
other site improvements and utility installations; construction, alteration, remodeling, enlargement,
improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that U
are exempt from the Florida Building Code; placement, installation, or replacement of manufactured
homes and manufactured buildings; installation or replacement of tanks; placement of recreational
vehicles; installation of swimming pools; and any other development.
(c) Intent. The purposes of this article and the flood load and flood resistant construction requirements of
00
the Florida Building Code are to establish minimum requirements to safeguard the public health,
safety, and general welfare and to minimize public and private losses due to flooding through N
regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times of a
flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize future flood
damage; 00
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of
equipment or materials, and other development which may increase flood damage or erosion
potential; N
(4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
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(6) Help maintain a stable tax base by providing for the sound use and development of flood hazard
areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and response
to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community participation as
set forth in Title 44 Code of Federal Regulations, Section 59.22.
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(d) Coordination with the Florida Building Code.This chapter is intended to be administered and enforced
in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the
standard that is referenced by the Florida Building Code.
(e) Warning. The degree of flood protection required by this chapter and the Florida Building Code, as
amended by this community, is considered the minimum reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur. Flood heights
may be increased by man-made or natural causes. This chapter does not imply that land outside of
mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free
from flooding or flood damage. The flood hazard areas and base flood elevations contained in the
Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44
Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency
Management Agency, requiring this community to revise these regulations to remain eligible for 0
participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or
future use is implied or expressed by compliance with this chapter.
(f) Disclaimer of liability. This chapter shall not create liability on the part of the city council of the City of
Layton or by any officer or employee thereof for any flood damage that results from reliance on this
chapter or any administrative decision lawfully made thereunder.
(Ord. No. 2018-09-03, § 4, 10-4-2018) C.
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Sec. 114-2. -Applicability.
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(a) General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
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(b) Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the City
of Layton, as established in section 114-2(c)of this article.
(c) Basis for establishing flood hazard areas and species focus areas and real estate numbers.
(1) The flood insurance study for Monroe County, Florida and incorporated areas dated February 00
18, 2005, and all subsequent amendments and revisions, and the accompanying flood insurance
rate maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by N
reference as a part of this article and shall serve as the minimum basis for establishing flood
hazard areas. Studies and maps that establish flood hazard areas are on file at City Hall, 68260 0
Overseas Highway, Long Key, FL. 0
(2) The species focus area maps (SFAMs)and the real estate numbers of parcels (RE List)that are
within the SFAMs identified by the U.S. Fish and Wildlife Service in accordance with the Biological 00
Opinion, dated April 30, 2010, as amended, for the City of Layton, and any subsequent revisions
there to, are hereby declared to be a part of this article. The SFAMs and RE list are on file at the
city hall.
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(d) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and N
base flood elevations, pursuant to section 114-14 of this article the floodplain administrator may require
submission of additional data. Where field surveyed topography prepared by a Florida licensed
professional surveyor or digital topography accepted by the community indicates that ground
elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a special
flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to
the requirements of this article and, as applicable, the requirements of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as special
flood hazard area unless the applicant obtains a letter of map change that removes the area from
the special flood hazard area.
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(e) Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state
or federal law.
(f) Abrogation and greater restrictions. This chapter supersedes any ordinance in effect for management
of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing
ordinances including but not limited to land development regulations, zoning ordinances, stormwater
management regulations, or the Florida Building Code. In the event of a conflict between this chapter
and any other ordinance, the more restrictive shall govern. This chapter shall not impair any deed
restriction, covenant or easement, but any land that is subject to such interests shall also be governed
by this chapter.
(g) Interpretation. In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements; 0
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
Sec. 114-3. - Definitions. CL
0
See chapter 101 for definitions of terms used in this chapter. -
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(Ord. No. 2018-09-03, § 4, 10-4-2018)
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Secs. 114-4-114-10. - Reserved.
ARTICLE II. -ADMINISTRATION AND ENFORCEMENT
Sec. 114-11. - Duties and powers of the floodplain administrator. 00
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(a) Designation. The building codes administrator is designated as the floodplain administrator. The
floodplain administrator may delegate performance of certain duties to other employees.
(b) General. The floodplain administrator is authorized and directed to administer and enforce the
provisions of this article. The floodplain administrator shall have the authority to render interpretations
of this article consistent with the intent and purpose of this article and may establish policies and
procedures in order to clarify the application of its provisions. Such interpretations, policies, and 00
procedures shall not have the effect of waiving requirements specifically provided in this chapter
without the granting of a variance pursuant to chapter 102, article V.
(c) Applications and permits. The floodplain administrator, in coordination with other pertinent offices of N
the community, shall:
4i
(1) Review applications and plans to determine whether proposed new development will be located
in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas for
compliance with the requirements of this article;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the
exact location of boundaries; a person contesting the determination shall have the opportunity to
appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
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(5) Determine whether additional flood hazard data shall be obtained from other sources or shall be
developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably safe from
flooding;
(7) Issue development permits for development other than buildings and structures that are subject
to the Florida Building Code, including buildings, structures and facilities exempt from the Florida
Building Code, when compliance with this chapter is demonstrated, or disapprove the same in
the event of noncompliance; and
(8) Coordinate with and provide comments to the building official to assure that applications, plan
reviews, and inspections for buildings and structures in flood hazard areas comply with the
applicable provisions of this article. 0
(d) Substantial improvement and substantial damage determinations. For applications for building
permits to improve buildings and structures, including alterations, movement, enlargement,
replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or work on such buildings
and structures, the floodplain administrator, in coordination with the building official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market value
prepared by a qualified independent appraiser, of the building or structure before the start of CL
construction of the proposed work; in the case of repair, the market value of the building or 0
structure shall be the market value before the damage occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-
damaged condition, or the combined costs of improvements and repairs, if applicable, to the
market value of the building or structure.
U
(3) Determine and document whether the proposed work constitutes substantial improvement or
repair of substantial damage.
(4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair ,
of substantial damage and that compliance with the flood resistant construction requirements of
00
the Florida Building Code and this chapter is required.
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(e) Modifications of the strict application of the requirements of the Florida Building Code. The floodplain
administrator shall review requests submitted to the building official that seek approval to modify the
strict application of the flood load and flood resistant construction requirements of the Florida Building a
Code to determine whether such requests require the granting of a variance pursuant to chapter 102,
article V.
(f) Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for 00
the issuance of all necessary notices or orders to ensure compliance with this chapter.
Z
(g) Inspections. The floodplain administrator shall make the required inspections as specified in section
114-15 of this article for development that is not subject to the Florida Building Code, including N
buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator
shall inspect flood hazard areas to determine if development is undertaken without issuance of a
permit.
(h) Other duties of the floodplain administrator. The floodplain administrator shall have other duties,
including but not limited to:
(1) Establish, in coordination with the building official, procedures for administering and documenting
determinations of substantial improvement and substantial damage made pursuant to section
114-11(d)of this article;
(2) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit
applications to submit to FEMA the data and information necessary to maintain the flood
insurance rate maps if the analyses propose to change base flood elevations or flood hazard area
boundaries; such submissions shall be made within six months of such data becoming available;
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(3) Review required design certifications and documentation of elevations specified by this chapter
and the Florida Building Code to determine that such certifications and documentations are
complete;
(4) Notify the Federal Emergency Management Agency when the corporate boundaries of the City
of Layton are modified; and
(5) Advise applicants for new buildings and structures, including substantial improvements, that are
located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier
Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-
591) that federal flood insurance is not available on such construction; areas subject to this
limitation are identified on flood insurance rate maps as "coastal barrier resource system areas"
and "otherwise protected areas."
(i) Floodplain management records. Regardless of any limitation on the period required for retention of
public records, the city clerk shall maintain for the floodplain administrator and permanently keep and
make available for public inspection all records that are necessary for the administration of this article
and the flood resistant construction requirements of the Florida Building Code, including flood
insurance rate maps; letters of map change; records of issuance of permits and denial of permits;
determinations of whether proposed work constitutes substantial improvement or repair of substantial
damage; required design certifications and documentation of elevations specified by the Florida
Building Code and this chapter;documentation related to appeals and variances, including justification
for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood 0
resistant construction requirements of the Florida Building Code. These records shall be available for
public inspection at City Hall, 68260 Overseas Highway, Long Key, FL. CN
(Ord. No. 2018-09-03, § 4, 10-4-2018)
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Sec. 114-12. - Permits.
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(a) Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to
undertake any development activity within the scope of this article, including buildings, structures and 00
facilities exempt from the Florida Building Code, which is wholly within or partially within any flood
hazard area shall first make application to the floodplain administrator, and the building official if N
applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall
be issued until compliance with the requirements of this article and all other applicable codes and 0
regulations has been satisfied. 0
(b) Development permits. Development permits shall be issued pursuant to this chapter for any
development activities not subject to the requirements of the Florida Building Code, including buildings, 00
structures and facilities exempt from the Florida Building Code. Depending on the nature and extent
of proposed development that includes a building or structure, the floodplain administrator may
determine that a development permit is required in addition to a building permit.
N
(c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the N
requirements of federal regulation for participation in the National Flood Insurance Program(44 C.F.R.
Sections 59 and 60), development permits shall be required for the following buildings, structures and
facilities that are exempt from the Florida Building Code and any further exemptions provided by law, E
which are subject to the requirements of this article:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly
involved in the generation, transmission, or distribution of electricity.
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(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida.As used in this paragraph, the term"chickee" means an open-sided wooden but that has
a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate
any electrical, plumbing, or other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
(9) Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if
such structures are located in flood hazard areas established on flood insurance rate maps. 0
(d) Application for a permit or approval. To obtain a development permit the applicant shall first file an
LU
application in writing on a form furnished by the community. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal description,
street address or similar description that will readily identify and definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended. CL
0
(4) Be accompanied by a site plan or construction documents as specified in section 114-14 of this
article.
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(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the floodplain administrator.
(e) Validity of permit or approval. The issuance of a development permit pursuant to this chapter shall
not be construed to be a permit for, or approval of, any violation of this article, the Florida Building s
Codes, or any other ordinance of this community. The issuance of permits based on submitted 00
applications, construction documents, and information shall not prevent the floodplain administrator
from requiring the correction of errors and omissions. N
(f) Expiration. A development permit shall become invalid unless the work authorized by such permit is
commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned a
for a period of 180 days after the work commences. Extensions for periods of not more than 180 days
each shall be requested in writing and justifiable cause shall be demonstrated.
00
(g) Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a
development permit if the permit was issued in error,on the basis of incorrect, inaccurate or incomplete
information, or in violation of this article or any other ordinance, regulation or requirement of this
community. LU
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(h) Otherpermits required. Floodplain development permits and building permits shall include a condition
that all other applicable state or federal permits be obtained before commencement of the permitted
development, including but not limited to the following:
(1) The South Florida Water Management District; F.S. § 373.036.
(2) Florida Department of Economic Opportunity, F.S. § 380.05, Areas of Critical State Concern,
and F.S. ch. 553, Part IV, Florida Building Code.
(3) Florida Department of Health for onsite sewage treatment and disposal systems; F.S. §
381.0065, and Chapter 64E-6, F.A.C.
(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit;
F.S. § 161.055.
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(5) Florida Department of Environmental Protection for activities that affect wetlands and alter
surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the
Clean Water Act.
(6) Federal permits and approvals.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
Sec. 114-13. - Protection of endangered species.
(a) Applications with determination of unsuitable habitat. Upon receipt of a floodplain development permit
application for a property that is determined to be on the SFAMs and the RE list as containing 0
unsuitable habitat, the floodplain administrator shall place a letter in the floodplain development permit
file that indicates:
(1) The name of the city official that made the determination;
U)
(2) The date of the determination; and
(3) The date of the SFAM and RE list used to make the determination.
Once the determination has been made, the City of Layton may take action on the floodplain
development permit application without further concern for federally threatened and endangered species 0
and their habitat. 2
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(b) Species assessment guides and acceptance form. The species assessment guide for the City of It-
N
Layton provided by the U.S. Fish and Service (Service), dated December 23, 2011, and any
subsequent revisions there to, is hereby declared to be a part of this article. The species assessment U
guide is on file at the city hall.
(1) The City of Layton shall use the species assessment guide to determine whether the applicant
for a floodplain development permit application must seek technical assistance by the service.
For applications that require such assistance, the City of Layton shall provide copies of the
applications to the service for review on a weekly basis. 00
(2) Based on the service's technical assistance, the City of Layton shall condition the floodplain N
development permit to incorporate the service's recommendations to avoid and/or to minimize LM
possible impacts on federally listed threatened and endangered species and their habitat. 0
(3) The city shall maintain an acceptance form of the service's recommendations in the permit file.
The acceptance form shall be signed by the permit applicant and the building official.
00
(4) The city shall use the species assessment guides (SAGs) for properties that exist within the
boundaries of a completed habitat conservation plan and which are subject to the SFAMs. The
real estate folio number list which accompanies the SFAMs will be utilized in combination to
determine if a development permit application must be provided to the service for technical N
assistance in order to meet the full requirements of the endangered and threatened sections of N
It-
this article.
(c) Avoiding impacts on federally listed species. All proposed development shall meet the conditions
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attached to floodplain development permits in accordance with this section to avoid possible impacts
to federally threatened and endangered species and their habitat.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
Sec. 114-14. -Site plans and construction documents.
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(a) Information for development in flood hazard areas. The site plan or construction documents for any
development subject to the requirements of this article shall be drawn to scale and shall include, as
applicable to the proposed development:
(1) Delineation of flood hazard areas, flood zone(s), base flood elevation(s), and ground elevations
if necessary for review of the proposed development.
(2) Location of the proposed activity and proposed structures, and locations of existing buildings and
structures; in coastal high hazard areas, new buildings shall be located landward of the reach of
mean high tide.
(3) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(4) Where the placement of fill is proposed, the amount,type, and source of fill material; compaction a
specifications; a description of the intended purpose of the fill areas; and evidence that the
proposed fill areas are the minimum necessary to achieve the intended purpose.
(5) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration
is approved by the Florida Department of Environmental Protection.
(6) Existing and proposed alignment of any proposed alteration of a watercourse.
The floodplain administrator is authorized to waive the submission of site plans, construction documents,
and other data that are required by this chapter but that are not required to be prepared by a registered CL
design professional if it is found that the nature of the proposed development is such that the review of 0
such submissions is not necessary to ascertain compliance with this chapter.
N
(b) Additional analyses and certifications. For activities that propose to alter sand dunes or mangrove
stands in coastal high hazard areas (Zone V), an engineering analysis signed and sealed by a Florida
licenses engineer that demonstrates that the proposed alteration will not increase the potential for U
flood damage shall be submitted with the site plan and construction documents.
(c) Submission of additional data. When additional hydrologic, hydraulic or other engineering data, cn
studies, and additional analyses are submitted to support an application, the applicant has the right to ,
seek a letter of map change from FEMA to change the base flood elevations or change boundaries of
00
flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The
analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal N
requirements and processing fees shall be the responsibility of the applicant.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
Sec. 114-15. - Inspections. 00
(a) General. Development for which a development permit is required shall be subject to inspection.
X
(b) Development other than buildings and structures. The floodplain administrator shall inspect all W
development to determine compliance with the requirements of this article and the conditions of issued N
V-
development permits.
(c) Buildings, structures and facilities exempt from the Florida Building Code.The floodplain administrator
E
shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine
compliance with the requirements of this article and the conditions of issued development permits.
(d) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection.
Upon placement of the lowest floor, including basement, and prior to further vertical construction, the
owner of a building, structure or facility exempt from the Florida Building Code, or the owner's
authorized agent, shall submit to the floodplain administrator the certification of elevation of the lowest
floor prepared and sealed by a Florida licensed professional surveyor.
(e) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of
the final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator
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a final certification of elevation of the lowest floor or final documentation of the height of the lowest
floor above the highest adjacent grade; such certifications and documentations shall be prepared as
specified in section 114-15(d)of this article.
(f) Manufactured homes.The floodplain administrator shall inspect manufactured homes that are installed
or replaced in flood hazard areas to determine compliance with the requirements of this article and the
conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation
of the lowest floor shall be submitted to the floodplain administrator.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
0
Sec. 114-16. -Violations. 0
(a) Violations. Any development that is not within the scope of the Florida Building Code but that is
regulated by this chapter that is performed without an issued permit, that is in conflict with an issued
permit, or that does not fully comply with this chapter or the conditions established by grants of U)
variance, shall be deemed a violation of this article and punishable as a non-criminal violation. A
building or structure without the documentation of elevation of the lowest floor, other required design
certifications, or other evidence of compliance required by this chapter or the Florida Building Code is
presumed to be a violation until such time as that documentation is provided. CL
(b) Authority. For development that is not within the scope of the Florida Building Code but that is 0
regulated by this chapter and that is determined to be a violation, the floodplain administrator is
authorized to serve notices of violation or stop work orders to owners of the property involved, to the N
owner's agent,or to the person or persons performing the work. Nothing herein contained shall prevent
the floodplain administrator from taking such other lawful actions as are necessary to prevent or
remedy any violation. U
(c) Unlawful continuance; fine. Any person who shall continue any work after having been served with a
notice of violation or a stop work order, except such work as that person is directed to perform to
remove or remedy a violation or unsafe condition,shall be fined not more than$500.00,and in addition,
shall pay all costs and expenses involved in the case. Each day such violation continues shall be 00
considered a separate offense.
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(Ord. No. 2018-09-03, § 4, 10-4-2018) 0
Secs. 114-17-114-20. - Reserved.
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ARTICLE III. - FLOOD RESISTANT DEVELOPMENT
Sec. 114-21. - Buildings and structures.
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(a) Design and construction of buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to section 114-12(c) of this article, buildings, structures, and facilities that are exempt from
the Florida Building Code, including substantial improvement or repair of substantial damage of such
buildings,structures and facilities,shall be designed and constructed in accordance with the flood load
and flood resistant construction requirements ofASCE 24. Structures exempt from the Florida Building
Code that are not walled and roofed buildings shall comply with the requirements of section 114-27 of
this article.
(b) Detached accessory structures. Detached accessory structures with walls and roofs are permitted at
grade if used only for parking and storage accessory to the primary structures. Detached accessory
structures shall be anchored to resist wind and flood loads.
(1) Residential accessory structures.
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a. In Zone A/AE flood hazard areas, accessory structures larger than 150 square feet and shall
meet with the flood opening requirements of R322.2.
b. In coastal high hazard areas (Zone V)and Coastal A Zone, accessory structures constructed
of other materials and prefabricated light metal structures larger than 150 square feet shall
meet the breakaway wall requirements of R322.3.
(2) Nonresidential accessory structures. In all flood hazard areas, nonresidential accessory structure
shall be 300 square feet or less and shall meet the flood opening requirements of ASCE 24 and
in Zone V and Coastal A Zones, shall meet the breakaway wall and flood opening requirements
of ASCE 24.
(Ord. No. 2018-09-03, § 4, 10-4-2018) 0
Sec. 114-22. -Subdivisions. LU
(a) Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and
subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be reasonably
safe from flooding; CL
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems 0
are located and constructed to minimize or eliminate flood damage; and
N
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, N
adequate drainage paths shall be provided to guide floodwaters around and away from proposed
structures. U
(b) Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks
and subdivisions, lies within a flood hazard area, the following shall be required: cam,
(1) Delineation of flood hazard areas and flood zones, and design flood elevations, as appropriate,
shall be shown on preliminary plats; and 00
(2) Compliance with the site improvement and utilities requirements of section 114-23 of this article. cN
(Ord. No. 2018-09-03, § 4, 10-4-2018)
Sec. 114-23. -Site improvements, utilities and limitations.
00
(a) Minimum requirements. All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be reasonably
safe from flooding; LU
cv
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(2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems
are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, E
adequate drainage paths shall be provided to guide floodwaters around and away from proposed
structures.
(b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage
treatment plants (including all pumping stations and collector systems), and on-site waste disposal
systems shall be designed in accordance with the standards for onsite sewage treatment and disposal
systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the
facilities and systems.
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(c) Water supply facilities. All new and replacement water supply facilities shall be designed in
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24
Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
(d) Limitations on placement of fill. Fill shall not be used to support buildings and structures. Minor
amounts of noncompacted fill may be placed for drainage improvement and landscaping.
(e) Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of
sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida
Department of Environmental Protection and only if the engineering analysis required by section 114-
14(b) of this article demonstrates that the proposed alteration will not increase the potential for flood
damage. Construction or restoration of dunes under or around elevated buildings and structures shall
comply with section 114-27(e)(3)of this article. a
(Ord. No. 2018-09-03, § 4, 10-4-2018)
Sec. 114-24. - Manufactured homes. U)
The installation of manufactured homes is not permitted in the City of Layton.
CL
(Ord. No. 2018-09-03, § 4, 10-4-2018) a
2
Sec. 114-25. - Recreational vehicles and park trailers. N
(a) Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard
areas shall: U
(1) Be on the site for fewer than 180 consecutive days; and
(2) Be fully licensed and ready for highway use,which means the recreational vehicle or park model
is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and
security devices, and has no permanent attachments such as additions, rooms, stairs, decks and 00
porches.
(b) Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in
section 114-25(a)of this article for temporary placement are not permitted.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
00
Sec. 114-26. -Tanks.
x
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of N
the design flood, including the effects of buoyancy assuming the tank is empty.
(b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements
of section 114-26(c)of this article shall:
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(1) Be permitted in flood hazard areas (Zone A)other than coastal high hazard areas, provided the
tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral
movement resulting from hydrodynamic and hydrostatic loads during conditions of the design
flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne
debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
(c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or
above the design flood elevation and attached to a supporting structure that is designed to prevent
Page 11 of 13
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LAYTO N
flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting
structures shall meet the foundation requirements of the applicable flood hazard area.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of
floodwater or outflow of the contents of the tanks during conditions of the design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, during conditions of the design flood.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
0
Sec. 114-27. -Other development.
(a) General requirements for other development. All development, including man-made changes to
improved or unimproved real estate for which specific provisions are not specified in this chapter or U)
the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, CL
including the effects of buoyancy, during conditions of the design flood; 0
(3) Be constructed of flood damage-resistant materials; and
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(4) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the
requirements of ASCE 24, except that minimum electric service required to address life safety
and electric code requirements is permitted below the design flood elevation provided it conforms U
to the provisions of the electrical part of building code for wet locations.
(b) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,patios and similar cn
nonstructural uses in coastal high hazard areas(Zone V). In coastal high hazard areas, concrete slabs ,
used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural
00
uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are
designed and constructed to be: N
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing
significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four inches. 00
(c) Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida
Building Code, in coastal high hazard areas decks and patios shall be located, designed, and
X
constructed in compliance with the following:
N
(1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest N
horizontal structural member at or above the design flood elevation and any supporting members
that extend below the design flood elevation shall comply with the foundation requirements that
apply to the building or structure, which shall be designed to accommodate any increased loads
resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally independent
from buildings or structures and their foundation systems, and shall be designed and constructed
either to remain intact and in place during design flood conditions or to break apart into small
pieces to minimize debris during flooding that is capable of causing structural damage to the
building or structure or to adjacent buildings and structures.
(3) A deck or patio that has a vertical thickness of more than 12 inches or that is constructed with
more than the minimum amount of fill necessary for site drainage shall not be approved unless
Page 12 of 13
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LAYTO N
an analysis prepared by a qualified registered design professional demonstrates no harmful
diversion of floodwaters or wave runup and wave reflection that would increase damage to the
building or structure or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of 12 inches or less and that is at natural grade or
on nonstructural fill material that is similar to and compatible with local soils and is the minimum
amount necessary for site drainage may be approved without requiring analysis of the impact on
diversion of floodwaters or wave runup and wave reflection.
(d) Other development in coastal high hazard areas(Zone V). In coastal high hazard areas,development
activities other than buildings and structures shall be permitted only if also authorized by the
appropriate federal, state or local authority; if located outside the footprint of, and not structurally
attached to, buildings and structures; and if analyses prepared by qualified registered design a
professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to adjacent buildings and structures. Such other development activities
LU
include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function to avoid
obstruction of floodwaters; and
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(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems 0
or mound systems.
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(e) Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: CN
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for
landscaping and for drainage purposes under and around buildings. U
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal
shall be permitted only if an analysis prepared by a qualified registered design professional
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would ,
increase damage to adjacent buildings and structures.
00
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(3) Where authorized by the Florida Department of Environmental Protection or applicable local Q
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approval, sand dune construction and restoration of sand dunes under or around elevated
buildings are permitted without additional engineering analysis or certification of the diversion of
floodwater or wave runup and wave reflection if the scale and location of the dune work is a
consistent with local beach-dune morphology and the vertical clearance is maintained between
the top of the sand dune and the lowest horizontal structural member of the building.
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(Ord. No. 2018-09-03, § 4, 10-4-2018)
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Exhibit 9
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City of Layton
Ordinance 2021-04-01 "
0
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LAYTON
AMENDING THE CITY OF LAYTON CODE OF ORDINANCES TO AMEND
CODE OF ORDINANCES CHAPTER 10 - BUILDINGS AND BUILDING
REGULATIONS; TO AMEND LAND DEVELOPMENT REGULATIONS
CHAPTER 114 - FLOOD DAMAGE PREVENTION; PROVIDING FOR
APPLICABILITY; SEVERABILILTY; AND AN EFFECTIVE DATE.
i
WHEREAS, the Legislature of the State of Florida has, in Chapter 166- 0
Municipalities, Florida Statutes, conferred upon local governments the authority to adopt cN
regulations designed to promote the public health, safety, and general welfare of its
citizenry; and
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WHEREAS, the City Council, by Ordinance No, 2018-09-03, adopted local -,
administrative and technical amendments to the Florida Building Code into Code of Ordinances,
Chapter 10-- Buildings and Building Regulations at Section 10-3 and Section 10-4 and is
relocating those amendments to the Land Development Regulations, Chapter 114- Flood
Damage Prevention; and
WHEREAS, the Federal Emergency Management Agency released FEMA Policy#104-
008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
Structures; and the City Council has determined it appropriate to modify requirements for l
accessory structures to be consistent with the FEMA.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Layton
is amended as set forth in the following amendments, as shown in 6#kethmugh and
underline format in Section 2,
SECTION 1. Amend Code of Ordinance Chapter 10 Buildings and Building Regulations as
I
follows:
Repeal and reserve Section 10-3 Technical amendments to the Florida Building Code. 9=
0 I.
Repeal and reserve Section 10-4 Technical amendments to the Florida Building Code,
Residential.
SECTION 2. Amend Land Development Code Chapter 114 Flood Damage Prevention as
shown in Exhibit A. �
i
SECTION 3. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Layton.
This ordinance shall apply to all applications for development, including building permit
Ordinance No.2020-20
Land Development Code Amendment-CR5 Modification Page I of 3
DRC Case#CDA20.ONO3
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applications and subdivision proposals, submitted on or after the effective date of this
ordinance.
SECTION 4. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the City Council of the City of Layton that the provisions of this ordinance shall
become and be made a part of the City of Layton Code of Ordinances, and that the sections of 0
this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to
"section," "article,""regulation," or such other appropriate word or phrase in order to accomplish
such intentions.
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SECTION 5. SEVERABILITY,
If any section, subsection, sentence, clause or phrase of this ordinance is, 'for any reason,
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity CL
of the ordinance as a whole, or any part thereof, other than the part so declared. 0
0
SECTION 6. EFFECTIVE DATE, N
This ordinance shall take effect on (insert date).
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PASSED on first reading {insert date). U
PASSED and ADOPTED in regular session, with a quorum present and voting, by the
{governing body), upon second and final reading this {insert date}. 2
CL
FIRST READING by the City of Layton City Council this 1st clay of April, 2021.
Seat I —Councilwoman Yesenia Diaz NO YES X 0
Seat 2—Councilman Philip Porter NO _ YES Not Present
Seat 3 —Vice Mayor Greg Lewis NO� YES
+
Seat 4—Councilwoinait Cindy Lewis NO YES X
Seat 5- Councilwoman Susan Grant NO YES X N
N
SECOND READING- AND DULY ADOPTED by the City of Layton City Council this 6"' clay
of May, 2021 a
0j
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Seat I —Councilwoman Yesenia Diaz NO YES X
Seat 2—Councilinan. Philip.Porter NO YES X
Seat 3 —Vice Mayor Greg Lewis NO YES X
x
Seat 4 _Councilwoman Cindy Lewis NO YES X
Seat 5- Councilwoman Susan Grant NO YES X CN
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ordinance No.2020-26
Land Development Code Amendment-CRS Modification Page 2 of 3
DRC Cure 4CDA20.00003
Packet Pg.4610
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PASSED AND ADOPTED ON SECOND READING THIS 6 DAY OF.__ MAY,
2021.
ity of Layton, Bruce Halle, Mayor
(SEAL)1�4
imi Young, derk
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APPROVED AS TO FORM AND LEGALITY CN
FOR'THE USE AND BENEFIT OF THECN
CITY OF LAY ON ONLY �
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Gaelen J s,City Attorney 2
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Ordinance No,2020.26
Land Development Code Amendment-CRS Modifivation Pap 3 of
DRC Case 4CDA20-00003
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EXHIBIT A
CHAPTER 114- FLOOD DAMAGE PREVENTION
ARTICLE 1. - IN GENERAL o
Sec. 114-1. - General.
(a) Title, These regulations shall be known as the floodplain management ordinance of the City
of Layton, hereinafter referred to as "this chapter."
(b) Scope, The provisions of this article shall apply to all development that is wholly within or
partially within any flood hazard area, including but not limited to the subdivision of land;
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filling, grading, and other site improvements and utility installations; construction, alteration, o
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of o
buildings, structures, and facilities that are exempt from the Florida Building Code;pwle
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' .. installationCN
or replacement of tanks; placement of recreational vehicles; installation of swimming pools;
and any other development.
(c) Intent. The purposes of this article and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety, and general welfare and to minimize public and private o
losses due to flooding through regulation of development in flood hazard areas to;
(1) Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage; E
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood 0
damage or erosion potential;
(4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of ;
development on the natural and beneficial functions of the floodplain;
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(5) Minimize damage to public and private facilities and utilities; Q
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(6) Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
(d) Coordination with the Florida Building Code. This chapter is intended to be administered
and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to N
the edition of the standard that is referenced by the Florida Building Code.
(e) Warning. The degree of flood protection required by this chapter and the Florida Building
Code, as amended by this community, is considered the minimum reasonable for regulatory E
purposes and is based on scientific and engineering considerations. Larger floods can and
will occur. Flood heights may be increased by manmade or natural causes, This chapter
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does not imply that land outside of mapped special flood hazard areas, or that uses permitted i
within such flood hazard areas, will be free from flooding or flood damage. The flood hazard
areas and base flood elevations contained in the Flood Insurance Study and shown on Flood
Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections
59 and 60 may be revised by the Federal Emergency Management Agency, requiring this I
community to revise these regulations to remain eligible for participation in the National Flood
Insurance Program. No guaranty of vested use, existing use, or future use is implied or
expressed by compliance with this chapter.
(f) Disclaimer of liability. This chapter shall not create liability on the part of the city council of
the City of Layton or by any officer or employee thereof for any flood damage that results
from reliance on this chapter or any administrative decision lawfully made thereunder,
C
(Ord. No. 2018-09-03, §4, 10-4-2018) 0
Sec. 114-2. -Applicability, N
(a) General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable. U
(b) Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within
the City of Layton, as established in section 114-2(c) of this article.
(c) Basis for establishing flood hazard areas and species focus areas and real estate numbers.
(1) The flood insurance study for Monroe County, Florida and incorporated areas dated
February 18, 2005, and all subsequent amendments and revisions, and the
accompanying flood insurance rate maps (FIRM), and all subsequent amendments and
revisions to such maps, are adopted by reference as a part of this article and shall serve E
as the minimum basis for establishing flood hazard areas. Studies and maps that
establish flood hazard areas are on file at City Hall, 68260 Overseas Highway, Long Key,
FL. 0
(2) The species focus area maps(SFAMs)and the real estate numbers of parcels (RE List)
that are within the SFAMs identified by the U.S. Fish and Wildlife Service in accordance
with the Biological Opinion, dated April 30, 2010, as amended, for the City of Layton, ,
and any subsequent revisions there to, are hereby declared to be a part of this article. CN
The SFAMs and RE list are on file at the city hall. CN
(d) Submission of additional data to establish flood hazard areas. To establish flood hazard
areas and base flood elevations, pursuant to section 114-14 of this article the floodplain
administrator may require submission of additional data. Where field surveyed topography
prepared by a Florida licensed professional surveyor or digital topography accepted by the
community indicates that ground elevations;
1
(1) Are below the closest applicable base flood elevation, even in areas not delineated as
a special flood hazard area on a FIRM, the area shall be considered as flood hazard
area and subject to the requirements of this article and, as applicable, the requirements
of the Florida Building Code. CN
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a letter of map change that
removes the area from the special flood hazard area, E
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(e) Other laws. The provisions of this article small not be deemed to nullify any provisions of �.
local, state or federal law.
(f) Abrogation and greater restrictions. This chapter supersedes any ordinance in effect for
management of development in flood hazard areas. However, it is not intended to repeal or e
abrogate any existing ordinances including but not limited to land development regulations,
zoning ordinances, stormwater management regulations, or the Florida Building Code. In the
event of a conflict between this chapter and any other ordinance, the more restrictive shall
govern. This chapter shall not impair any deed restriction, covenant or easement, but any
land that is subject to such interests shall also be governed by this chapter.
(g) Interpretation. In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
I
(2) Liberally construed in favor of the governing body; and 0
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. c14
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(Ord. No. 2018-09-03, §4, 10-4-2018)
U
Sec. 114-3. - Definitions.
See chapter 101 for definitions of terms used in this chapter.
(Ord. No. 2018-09-03, §4, 10-4-2018)
Secs. 114-4-114-10. - Reserved,
ARTICLE II, -ADMINISTRATION AND ENFORCEMENT
Sec. 114-11. - Duties and powers of the floodplain administrator. e
e
(a) Designation, The building codes administrator is designated as the floodplain administrator.
The floodplain administrator may delegate performance of certain duties to other employees.
(b) General. The floodplain administrator is authorized and directed to administer and enforce
the provisions of this article. The floodplain administrator shall have the authority to render `N
interpretations of this article consistent with the intent and purpose of this article and may N
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this chapter without the granting of a variance pursuant to chapter 0
102, article V.
(c) Applications and permits. The floodplain administrator, in coordination with other pertinent
offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development will XI
be located in flood hazard areas; c'4 `
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(2) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this article;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to Ei
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
3
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(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources
or shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably
safe from flooding;
(7) Issue development permits for development other than buildings and structures that are
subject to the Florida Building Code, including buildings, structures and facilities exempt U)
from the Florida Building Code, when compliance with this chapter is demonstrated, or
disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the building official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this article, 2 i
(d) Substantial improvement and substantial damage determinations. For applications for cN
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other L) ;
improvement of or work on such buildings and structures, the floodplain administrator, in
coordination with the building official, shall;
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; In the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and
before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair a damaged building
to its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure.
3) Determine and document whether the( proposed work constitutes substantial
improvement or repair of substantial damage,
(4) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
CN
requirements of the Florida Building Code and this chapter is required. a
(e) Modifications of the strict application of the requirements of the Florida Building Code. The
floodplain administrator shall review requests submitted to the building official that seek
approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the
granting of a variance pursuant to chapter 102, article V.
(f) Notices and orders. The floodplain administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
chapter.
(g) Inspections. The floodplain administrator shall make the required inspections as specified
in section 114-15 of this article for development that is not subject to the Florida Building
Code, including buildings, structures and facilities exempt from the Florida Building Code.
The floodplain administrator shall inspect flood hazard areas to determine if development is
undertaken without issuance of a permit.
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(h) Other duties of the floodplain administrator, The floodplain administrator shall have other
duties, including but not limited to.
(1) Establish, in coordination with the building official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made 0
pursuant to section 114-11(d) of this article;
(2) Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information necessary to ,
maintain the flood insurance rate maps if the analyses propose to change base flood
elevations or flood hazard area boundaries; such submissions shall be made within six
months of such data becoming available;
(3) Review required design certifications and documentation of elevations specified by this CL
chapter and the Florida Building Code to determine that such certifications and 0
documentations are complete; 2
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(4) Notify the Federal Emergency Management Agency when the corporate boundaries of N
the City of Layton are modified; and E
(5) Advise applicants for new buildings and structures, including substantial improvements, L)
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act (Pub, L. 97-348) and the Coastal Barrier Improvement
Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identified on flood insurance rate maps
as "coastal barrier resource system areas"and "otherwise protected areas."
(i) Floodplain management records. Regardless of any limitation on the period required for
retention of public records, the city clerk shall maintain for the floodplain administrator and
permanently keep and make available for public inspection all records that are necessary for
the administration of this article and the flood resistant construction requirements of the
Florida Building Code; including flood insurance rate maps; letters of map change; records
of issuance of permits and denial of permits; determinations of whether proposed work 0
constitutes substantial improvement or repair of substantial damage; required design
certifications and documentation of elevations specified by the Florida Building Code and this
chapter; documentation related to appeals and variances, including justification for issuance
or denial; and records of enforcement actions taken pursuant to this chapter and the flood
resistant construction requirements of the Florida Building Code. These records shall be N
available for public inspection at City Hall, 68260 Overseas Highway, Long Key, t'L, cN 1
(Ord. No. 2018-09-03, §4, 10-4-2018)
a
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Sec, 114-12. - Permits,
(a) Permits required, Any owner or owner's authorized agent (hereinafter "applicant") who '
intends to undertake any development activity within the scope of this article, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly E
within or partially within any flood hazard area shall first make application to the floodplain N i
administrator, and the building official if applicable, and shall obtain the required permit(s)
and approval(s). No such permit or approval shall be issued until compliance with the
requirements of this article and all other applicable codes and regulations has been satisfied,
(b) Development permits, Development permits shall be issued pursuant to this chapter for any �
development activities not subject to the requirements of the Florida Building Code, including
5
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buildings, structures and facilities exempt from the Florida Building Code. Depending on the
nature and extent of proposed development that includes a building or structure, the
floodplain administrator may determine that a development permit is required in addition to a
building permit.
0
(c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance Program
(44 C.F.R. Sections 59 and 60), development permits shall be required for the following
buildings, structures and facilities that are exempt from the Florida Building Code and any
further exemptions provided by law, which are subject to the requirements of this article.,
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in F.S. § 604.50. CL
(3) Temporary buildings or sheds used exclusively for construction purposes. 0
(4) Mobile or modular structures used as temporary offices. cN
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(5) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are
directly involved in the generation, transmission, or distribution of electricity.
t3
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials, 0
and that does not incorporate any electrical, plumbing, or other non-good features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system,
(9) Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building 0
Code if such structures are located in flood hazard areas established on flood insurance
rate maps.
(d) Application fora permit or approval. To obtain a development permit the applicant shall first
file an application In writing on a form furnished by the community. The information provided
shall:
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(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal a
description, street address or similar description that will readily identify and definitively
locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended,
(4) Be accompanied by a site plan or construction documents as specified in section 114-
14 of this article.
(5) State the valuation of the proposed work. N
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(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the floodplain administrator.
(e) Validity ofpermit or approval. The issuance of a development permit pursuant to this chapter
shall not be construed to be a permit for, or approval of, any violation of this article,the Florida °
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Building Codes, or any other ordinance of this community. The issuance of permits based on �. E
submitted applications, construction documents, and information shall not prevent the
floodplain administrator from requiring the correction of errors and omissions.
(f) Expiration. A development permit shall become invalid unless the work authorized by such e
permit is commenced within 180 days after its issuance, or if the work authorized is
suspended or abandoned for a period of 180 days after the work commences. Extensions for
periods of not more than 180 days each shall be requested in writing and justifiable cause
shall be demonstrated. U)
(g) Suspension or revocation. The floodplain administrator is authorized to suspend or revoke
a development permit if the permit was issued in error, on the basis of incorrect, inaccurate
or incomplete information, or in violation of this article or any Other ordinance, regulation or
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requirement of this community.
0
(h) Other permits required. Floodplain development permits and building permits shall include o
a condition that all other applicable state or federal permits be obtained before N
commencement of the permitted development, including but not limited to the following: j
(1) The South Florida Water Management District; F.S. § 373,036,
U
(2) Florida Department of Economic Opportunity, F.S. § 380,05, Areas of Critical State
Concern, and F.S. ch. 553, Part IV, Florida Building Code.
(3) Florida Department of Health for onsite sewage treatment and disposal systems; F,S
§ 381.0065, and Chapter 64E-6, F.A.C.
(4) Florida Department of Environmental Protection for activities subject to the Joint LM
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Coastal Permit; F.S. § 161,055.
(5) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
(6) Federal permits and approvals,
I
(Ord. No. 2018-O9-03, §4, 10-4-2018)
I
Sec, 114-11 - Protection of endangered species. C,
(a) Applications with determination of unsuitable habitat. Upon receipt of a floodplain
development permit application for a property that is determined to be on the SFAMs and the
RE list as containing unsuitable habitat, the floodplain administrator shall place a letter in the
floodplain development permit file that indicates:
(1) The name of the city official that made the determination;
(2) The date of the determination; and
(3) The date of the SFAM and RE list used to make the determination.
Once the determination has been made, the City of Layton may take action on the floodplain �
development permit application without further concern for federally threatened and endangered
species and their habitat.
(b) Species assessment guides and acceptance form. The species assessment guide for the
City of Layton provided by the U.S. Fish and Service (Service), dated December 23, 2011,
7
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and any subsequent revisions there to, is hereby declared to be a part of this article. The
species assessment guide is on file at the city hall.
(1) The City of Layton shall use the species assessment guide to determine whether the
applicant for a floodplain development permit application must seek technical assistance e
by the service. For applications that require such assistance, the City of Layton shall
provide copies of the applications to the service for review on a weekly basis.
(2) Based on the service's technical assistance, the City of Layton shall condition the ,
floodplain development permit to incorporate the service's recommendations to avoid U,
and/or to minimize possible impacts on federally listed threatened and endangered
species and their habitat.
(3) The city shall maintain an acceptance form of the service's recommendations in the CL
permit file. The acceptance form shall be signed by the permit applicant and the building e
official.
(4) The city shall use the species assessment guides(SAGs)for properties that exist within �
the boundaries of a completed habitat conservation plan and which are subject to the
SFAMs. The real estate folio number list which accompanies the SFAMs will be utilized c�
in combination to determine if a development permit application must be provided to the i
service for technical assistance in order to meet the full requirements of the endangered
and threatened sections of this article. I
0
(c) Avoiding impacts on federally listed species. All proposed development shall meet the
conditions attached to floodplain development permits in accordance with this section to
avoid possible impacts to federally threatened and endangered species and their habitat.
(Ord. No. 2018-09-03, §4, 10-4-2018)
i
Sec, 114-14. - Site plans and construction documents.
0
(a) Information for development in flood hazard areas.The site plan or construction documents e
for any development subject to the requirements of this article shall be drawn to scale and
shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas, flood zone(s), base flood elevation(s), and ground
elevations if necessary for review of the proposed development. `N
N
(2) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide. a
(3) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
I
(4) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and i
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose. N
(5) Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
(6) Existing and proposed alignment of any proposed alteration of a watercourse, �
8
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The floodplain administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this chapter but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance with this chapter.
(b) Additional analyses and certifications. For activities that propose to alter sand dunes or
mangrove stands in coastal high hazard areas (,Zone V), an engineering analysis signed and ,
sealed by a Florida licenses engineer that demonstrates that the proposed alteration will not
increase the potential for flood damage shall be submitted with the site plan and construction
documents.
(c) Submission of additional data. When additional hydrologic, hydraulic or other engineering
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data, studies, and additional analyses are submitted to support an application, the applicant 'a I
a
has the right to seek a letter of map change from FEMA to change the base flood elevations 2
or change boundaries of flood hazard areas shown on F1RMs, and to submit such data to
FEMA for such purposes, The analyses shall be prepared by a Florida licensed engineer in CN
a format required by FEMA. Submittal requirements and processing fees shall be the
responsibility of the applicant. L)
i
(Ord. No. 2018-09-03, §4, 10-4-2018)
Sec. 114-15. - Inspections,
(a) General. Development for which a development permit is required shall be subject to
inspection.
(b) Development other than buildings and structures. The floodplain administrator shall inspect E
all development to determine compliance with the requirements of this article and the
conditions of issued development permits.
(c) Buildings, structures and facilities exempt from the Florida Building Code, The floodplain 0
administrator shall inspect buildings, structures and facilities exempt from the Florida Building
Code to determine compliance with the requirements of this article and the conditions of ,
issued development permits.
(d) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor a j
inspection. Upon placement of the lowest floor, including basement, and prior to further N
vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the floodplain administrator
the certification of elevation of the lowest floor prepared and sealed by a Florida licensed
professional surveyor.
(e) Buildings, structures and facilities exempt from the Florida Building Code, final inspection.
As part of the final inspection, the owner or owner's authorized agent shall submit to the
floodplain administrator a final certification of elevation of the lowest floor or final f
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in section 114-15(d) of this N
article.
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home,seAftsatiee-"
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(Ord. No. 2018-09-03, §4, 10-4-2018) e
Sec. 114-16. -Violations.
a
(a) Violations. Any development that is not within the scope of the Florida Building Code but
that is regulated by this chapter that is performed without an issued permit, that is in conflict
with an issued permit, or that does not fully comply with this chapter or the conditions
established by grants of variance, shall be deemed a violation of this article and punishable
as a non-criminal violation. A building or structure without the documentation of elevation of
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the lowest floor,other required design certifications, or other evidence of compliance required e
by this chapter or the Florida Building Code is presumed to be a violation until such time as e
that documentation is provided. c' i
(b) Authority. For development that is not within the scope of the Florida Building Code but that
is regulated by this chapter and that is determined to be a violation, the fioodplain 1
administrator is authorized to serve notices of violation or stop work orders to owners of the U
property involved, to the owner's agent, or to the person or persons performing the work.
Nothing herein contained shall prevent the floodplain administrator from taking such other
lawful actions as are necessary to prevent or remedy any violation. e
(c) Unlawful continuance; fine. Any person who shall continue any work after having been � 1'
served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be fined not
more than $500.00, and in addition, shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate offense. E
(Ord. No. 2018-09-03, §4, 10-4-2018) e
e
Secs. 114-17----114-20. - Reserved,
ARTICLE 111,- FLOOD RESISTANT DEVELOPMENT I'I
c'
Sec. 114-21, - Buildings and structures. Q
(a) Design and construction of buildings, structures and facilities exempt from the Florida
Building Cade, Pursuant to section 114-12(c)of this article, buildings, structures,and facilities a
that are exempt from the Florida Building Code, including substantial improvement or repair 0
1
of substantial damage of such buildings, structures and facilities, shall be designed and
constructed in accordance with the flood load and flood resistant construction requirements
of ASCE 24, Structures exempt from the Florida Building Code that are not walled and roofed °
buildings shall comply with the requirements of section 114-27 of this article.
(b) Detached accessory structures. Detached accessory structures with walls and roofs are
permitted at grade if used only for parking and storage accessory to the primary structures N
and;
(1) If located in special flood hazard areas(Zone AIAE) other than coastal Hah hazard
areas have flood o enin s in accordance with Section R322.2 of the Florida'Buildin f
Bode Residential and:
10
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a. When accessory to one- and two-family dwellings, are not larger than 150 s .
ft: i
b. When accessory to other buildings, are not larger than 300 s . ft.
0
1.2) If located in coastal high hazard areas Zone V.NE are not located Below elevated
buildings and are not larger than 100 sq.ft.
3 Are anchored to resist flotation colla se.or lateral movement m5ultinq from flood
loads,
4 Have flood darns e=resistant materials used below the base flood eley 1LIon plus one '
1 foot.
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5 Have mechanicalplumbing and electrical systems, including lumbin fixtures 0
elevated to or above the.base flood elevation plUs one f foot.
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'+ 1p..7n 941a .�•z+.'rl�.�.areas aGGessery stru Gt.��rr_no�-].nrgeF than 150 square fonf �
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,ORn shall rv.nr:{!.wit"eAG rl epe-inr, rnnr�irnrwnntn of D'�]'� ']
i - 9etl�lit
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shall meet the.
Ted-B opening F2{ Elats-BAbc 2�1-,
c Administrative and feclrirlcel ameridrrrents to the Florida Building Code �5ufldiq , �
JI) Moffi Sec. 107,3,5 as follov+s:', 1
107.3.5 Minimum plan review criteria for buildings. CN
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Commercial Buildings., Building
8. Structural requirements shall include: �
Flood requirements in accordance with Section 1612, including lowest floor
elevations, FEMA Elevation Certificate FEMA Form,086 0-33 FEIVIAis �
noodgroofing.Certificate FEMA Form 086-0-34 enclosures flood damage-
resistant materials.
2
Residential (one-and two-family): Cu
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6. Structural requirements shall include:
Flood hazard areas, flood zones, design flood elevations, lowest floor
elevations, FI MA_Elevation Certificate(FFMA Form 086 0:33) enclosures, E
equipment, and flood damage-resistant materials.
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2 M odify Sec. 110.3 as follows;
110.3 Required inspections.
Building [partial shown]
I. Foundation inspection.
1.1. In flood hazard areas, upon placement of the lowest floor, including '
basement, and prior to further vertical construction, the`under construction U)
EEMA Elevation Certificate„ FEMA Form 086-0-33), and a.statement bra
„tepistered des- n_professional that the foundation was constructed _in
rorr pllance with the plans and is securely anchored on pilings or columns
shall be submitted to the authority having jurisdiction.
5. Final inspection. 0
5.1. In flood hazard areas, as part of the final inspection, it at FE=M11 Elevation cN
Certificate CN
1MEiA corm Q86-0- 3 of the lowest floor elevation shall be
submitted to the authority having jurisdiction. i
i
18) KoAth Sec. 1612.4 as fokws;
1,612.4.4 Elevation re uirements. The minimum elevation.re uirements shall be as
`s egified.ln ASC '24 or the base flood elevation plus 3 feet whichever is hi hor 0
L
dj T6thnical sm! ndments to the F166da.Buildirr. .Code,.Resi'dentidt.'
Moclrfy S60' R322 as follows
R322.1.6 Protection of mechanical, plumbing and electrical systems. Electrical
systems, equipment and components; heating, ventilating, air conditioning; plumbing
appliances and plumbing fixtures; duct systems; and other service equipment shall be 0
located at or above the elevation required in Section R322.2 or R322 3. electrical. �-
plumbing, and other utilfty connectigns.are not permittedbelow the base flood elevation. If
replaced as part of a substantial improvement, electrical systems, equipment and
components; heating,ventilating, air conditioning and plumbing appliances and plumbing ,
fixtures; duct systems; and other service equipment shall meet the requirements of this �
section. Systems, fixtures, and equipment and components shall not be mounted on or cN
penetrate through walls intended 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 equipment is permitted below the elevation required in Section
R322.2 or R3223 provided that they are designed and installed to prevent water from
entering or accumulating within the components and to 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.
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 i
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 E
are permitted to be located below the required elevation provided that they conform to
the provisions of the electrical part;of this code for wet locations.
Packet Pg.4623
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R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas including flood hazard areas 0
designated as Coastal A Zones, shall have the lowest floors elevated to or above
the base flood elevation plus 4 fbot 005 Olus 3 feet, or the design flood
elevation, whichever is higher.
2. In areas of shallow flooding (AO Zones), buildings and structures shall have the U),
lowest floor (including basement) elevated to a height above the highest adjacent
grade of not less than the depth number specified in feet (mm) on the FIRM plus 4E i
€ t 3 feet, or not less than fie# if a depth number is
not specified.
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3, Basement floors that are below grade on all sides shall be elevated to or above U-
base flood elevation plus 4--few-ram 3 moire , or the design flood elevation,
whichever is higher.
Exception., Enclosed areas below the design flood elevation, including basements with
floors that are not below grade on all sides, shall meet the requirements of Section
322.2.2.
0
R322.2.2 Enclosed area below design flood elevation. Enclosed areas, including crawl
spaces, that are .below the design flood elevation shall: CL
1. Be used solely for parking of vehicles, building access or storage. ''Enclosed areas
's_hatl be 300 square feet or.less. The interior portion of such enclosed areas shall Ei'
taut be partitioned or finished into .se crate rooms except for stairwells ramps, and
elevators uhfess a ' artition is,requirbd'by the fire code. The limitation.on pwtitlom
does npt a` 'i to load bearingwalls interior to perimeter wall crawls ace 2 a,
foundations, Access tt enclosed areas shalt be the minimum necessary.to allow for LL
the parking of vehicles:(garage door) or limited storage of maintenance equipment
Used in connection with the preMises`standard exterior door °or entry to the building {
stairwa 'or elevator). CN I
Remainder unchanged CN
R322.2.3 Foundation design and construction Eoundations shall be designed by a
registered design orofessionW and construction documents shalf iriclude'documentation
that is Pregarad and sealed certf iri the de5i n and methods of construction resist flood
loads.the bbildin is securel anchored to.ade uatel anchored 'll"in s or colurrtris artdtlae
desn sheets the requirements_of Phis section. ieia
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more than 9 foot (2438 rn hi�
e ietaw e.finished
grade-af-t -t ee oor spa.GG41 40P4€4116-wall-,: o
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R322.3.2 Elevation requirements.
1. Buildings and structures erected within coastal high-hazard areas and Coastal A U)
Zones, shall be elevated so that the bottom of the lowest horizontal structure members
supporting the lowest floor, with the exception of pilings, pile caps, columns, grade
beams and bracing, is elevated to or above the base flood elevation plus 4—fs4e,4305
ihiil or the design flood elevation,whichever is higher.
2, Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited. N
4. Minor grading, 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, patios and walkways.
5. Walls and partitions enclosing areas below the design flood elevation shall meet the
requirements of Sections R322.3.4 and R322.3,5.
R322.3.5 Walls below design flood elevation. Walls 4Rd.-padis are permitted below
the elevated floor, provided that such walls� n os are not part of the structural
support of the building or structure and;
1. Electrical, mechanical and plumbing system components are not to be mounted on
or penetrate through walls that are designed to break away under flood loads; and
i
2. Are constructed with insect screening or open lattice; or o
0
3. Are designed to break away or collapse without causing collapse, displacement or
other structural damage to the elevated portion of the building or supporting foundation
system. Such walls, framing and connections shall have a resistance of not less than
10 (479 Pa) and not more than 20 pounds per square foot (958 Pa) as determined N
using allowable stress design; or cN
4, Where wind loading values of this code exceed 20 pounds per square foot (958 Pa),
as determined using allowable stress design, the construction documents shall include
documentation prepared and sealed by a registered design professional that;
4.1. The wallsa-Rd. -PaFt6an below the design flood elevation have been designed
to collapse from a water load less than that which would occur during the base
flood. i
4.2. The elevated portion of the building and supporting foundation system have
been designed to withstand the effects of wind and flood loads acting LU
simultaneously on structural and nonstructural building components. Water-loading C
values used shall be those associated with the design flood. Wind-loading values
shall be those required by this code.
5. Walls intended to break away under flood loads as specified in Item 3 or 4 have
flood openings that meet the criteria in Section R322.2.2, Item 2.
14
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I
R322.3,6 Enclosed areas below the design flood elevation. Enclosed areas below the
design fiood elevation shall be used solely for parking of vehicles, building access or
storage. Enclosed areas shall be 300 sgluore feet or less. The Interior portion of such
0
enclosed area shall not be tem erature-controlled or partitioned or finished into separate
rooms except for stalrwelis ramps, and eleva#ors unless a artition is�re uired b the fire LU
code Access to enclosed areas shall be the^minimum necessary to allow for the parkin-g of ,
veh cles (gyarage door) or limited storage of maintenance equipment used in connection U
with the Premises standard exterior door) orentryto the building (stairwayor elevator
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(Ord. No. 2018-09-03, §4, 10-4-2018)
Sec. 114-22. - Subdivisions. o
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(a) MJnimum requirements. Subdivision proposals, cN
std shall be reviewed to determine that:
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(1) Such proposals are consistent with the need to minimize flood damage and will be U j
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
(b) Subdivision plats Where any portion of proposed subdivisions,
l id-str d r+s e lies within a flood hazard area, the fo4owing shall be required:
(1) Delineation of flood hazard areas and flood zones, and design flood elevations, as
appropriate, shall be shown on preliminary plats; and
(2) Compliance with the site improvement and utilities requirements of section 114-23 of
this article.
(Ord. No, 2018-09-03, §4, 10-4-2018) C'
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i
Sec. 114-23. - Site improvements, utilities and limitations.
(a) Minimum requirements. All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding, j
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and � '
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures,
(b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on4te
waste disposal systems shall be designed in accordance with the standards for onsite
15
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II
sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7
to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the
facilities into flood waters, and impairment of the facilities and systems.
(c) Water supply facilities. All new and replacement water supply facilities shall be designed in 0
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems,
(d) Limitations on placement of fill. Fill shall not be used to support buildings and structures. I i
Minor amounts of noncompacted fill may be placed for drainage improvement and
landscaping,
(e) Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, S
alteration of sand dunes and mangrove stands shall be permitted only if such alteration is CL
approved by the Florida Department of Environmental Protection and only if the engineering o
analysis required by section 114-14(b) of this article demonstrates that the proposed 2
alteration will not increase the potential for flood damage. Construction or restoration of dunes N
under or around elevated buildings and structures shall comply with section 114 27(e)(3) of `%4
this article.
U
(Ord. No. 2018-09-03, §4, 10-4-2018)
Sec. 114-24. - Manufactured homes. g
The installation of manufactured homes is not permitted in the City of Layton,
(Ord. No. 2018-09-03, §4, 10-4-2018)
Sec. 114-25. - Recreational vehicles and park trailers,
(a) Temporary placement. When permitted under Section 1264116 of this code;Recreational 0
vehicles and park trailers placed temporarily in flood hazard areas shall r
{ e fully licensed and ready for highway use, which means the recreational vehicle
or park model is on wheels or jacking system, is attached to the site only by quick-
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
(b) Permanent placement, recreational vehicles and park trailers that do not meet the C
limitations in section 114-25(a) of this article for temporary placement are not permitted. o
(Ord. No. 2018-09-03, § 4, 10-4-2018)
i
Sec. 114-26. - Tanks. j
X
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent C
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
E
(b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
requirements of section 114-26(c) of this article shall: j
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(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic I
loads during conditions of the design flood, including the effects of buoyancy assuming a
the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
(c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated
to or above the design flood elevation and attached to a supporting structure that is designed U),
to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-
i
supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
CL
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall bw e
e
(1) At or above the design flood elevation or fitted with covers designed to prevent the
inflow of floodwater or outflow of the contents of the tanks during conditions of the design �
flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic L)
loads, including the effects of buoyancy, during conditions of the design flood.
� I
(Ord. No. 2013-09-03, §4, 10-4-2018) 0
I
Sec. 114-27, - Other development.
(a) General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified
in this chapter or the Florida Building Code, shall: E
(1) Be located and constructed to minimize flood damage;
0
(2) Be anchored to prevent flotation, collapse or lateral movement resulting from e
hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; l
(3) Be constructed of flood damage-resistant materials; and
(4) Have mechanical, plumbing, and electrical systems above the design flood elevation or CN
meet the requirements of ASCE 24, except that minimum electric service required to CN
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations, a
0
(b) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios
and similar nonstructural uses in coastal high hazard areas(Zone V). In coastal high hazard
areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, '
patios and similar nonstructural uses are permitted beneath or adjacent to buildings and
structures provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure; C
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four inches. E
17
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(c) Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of
the Florida Building Code, in coastal high hazard areas decks and patios shall be located,
designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of 0
the lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the I
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck, U)
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is CL
capable of causing structural damage to the building or structure or to adjacent buildings
and structures,
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(3) A deck or patio that has a vertical thickness of more than 12 inches or that is constructed
with more than the minimum amount of fill necessary for site drainage shall not be
approved unless an analysis prepared by a qualified registered design professional U
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to the building or structure or to adjacent buildings and
structures.
CO
(4) A deck or patio that has a vertical thickness of 12 inches or less and that is at natural
grade or on nonstructural fill material that is similar to and compatible with local soils and
is the minimum amount necessary for site drainage may be approved without requiring
analysis of the impact on diversion of floodwaters or wave runup and wave reflection.
(d) Other development in coastal high hazard areas (Zone V). In coastal high hazard areas,
development activities other than buildings and structures shall be permitted only if also
authorized by the appropriate federal, state or local authority; if located outside the footprint
of, and not structurally attached to, buildings and structures; and if analyses prepared by 2
qualified registered design professionals demonstrate no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to adjacent buildings and 93
structures, Such other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; Q
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(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F,A,C., as filled
systems or mound systems, I
(e) Nonstructural fill in coastal high hazard areas(Zone V). In coastal high hazard areas: i
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings. W 1�
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
18
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S.4.k
(3) Where authorized by the Florida Department of Environmental Protection or applicable �.
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification
of the diversion of floodwater or wave runup and wave reflection if the scale and location
of the dune work is consistent with local beach-dune morphology and the vertical o
clearance is maintained between the top of the sand dune and the lowest horizontal
structural member of the building. LU
(Ord, No. 2018-09-03, §4, 10-4-2018)
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Final Order No. DEO-21-033
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF LAYTON
ORDINANCE NO. 2021-04-01
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FINAL ORDER j
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APPROVING CITY OF LAYTON ORDINANCE NO. 2021-04-01 0
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The Department of Economic Opportunity ("Department") hereby issues its Final Order, N
pursuant to section 380.05(6), Florida Statutes, approving land development regulations adopted
by the City of Layton ("City"), Ordinance No. 2021-04-01 (the"Ordinance"). j
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380,0552, Florida Statutes, as anCL
area of critical state concern. The City is a local government within the Florida Keys Area,
2. The Ordinance was adopted by the City on May 6, 2021 and rendered to the
Department on August 5, 2021.
3. The Ordinance amends Chapter 114 of the City's Code of Ordinances ("Code"), C,4 j
`'4
entitled Flood Damage Prevention, to remove manufactured homes and buildings from the scope
of -the chapter and to revise flood resistant development regulations for detached accessory
structures.
4. In addition,the Ordinance relocates administrative and teeluiical amendments made
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to the Florida Building Code from Chapter 10 of the City's Code to Chapter 114. These revisions
address elevation requirements,below design flood elevation requirements, and foundation design
and construction standards.
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Final Order No. DEO-21-033
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See § 3 80.05(6), Fla. Stat.
0
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
M
7. The Ordinance is consistent with the City's Comprehensive Plan as required by 0
0
section 163.3177(1), Florida Statutes, generally, and is specifically consistent with Housing N
Element Policies 2.c and 2A, Infrastructure Element Policy 5.b, and Coastal Management Element
c)
Policy 12.g.
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8. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
See § 380.05(6), Fla. Stat. The Principles for Guiding Development for the Florida Keys Area of
Critical State Concern are set forth in section 380.0552(7). 0
9. The Ordinance is consistent with the Principles for Guiding Development in
Section 380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the following C14
Principles:
a
(a) Strengthening local government capabilities for managing land use and 0
development so that local government is able to achieve these objectives
without continuing the area of critical state concern designation;
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of
the natural environment, and ensuring that development is compatible with C,4
the unique historic character of the Florida Keys; and
(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.
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Final Order No. DEO-21-033
WHEREFORE, IT IS ORDERED that the Department finds that the City of Layton
Ordinance No. 2021-04-01 is consistent with the City of Layton's Comprehensive Plan and the
Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is
0
hereby APPROVED.
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This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
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nes D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
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Final Order No. DEO-21-033
NOTICE OF ADMINISTRATIVE RIGHTS �
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ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER j
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
0
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF 2 j
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY;
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY 0
OFFICE OF THE GENERAL COUNSEL i
107 EAST MADISON ST., MSC 110 c'
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TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230 U
AGENCY.CLERK@DEO.MYFLORIDA.COM
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YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
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FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106,104(2), 28-106.20](2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE 0
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
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PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV, cN
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
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Final Order No. DEO-21-033
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CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
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undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 2 day of� , 2021.
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Jbfd'en FOSS 0
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Agency Clerk - 3
Department of Economic Opportunity �
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
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By U.S. Mail:
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The Honorable Bruce Halle, Mayor
City of Layton
68260 Overseas Hwy
Long Key, FL 33001
Mini M. Young, City Clerk
City of Layton
68260 Overseas Hwy C
Long Key, FL 33001 cN
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Thomas Bray, Building Code Administrator C
City of Layton
68260 Overseas Hwy
Long Key, FL 33001
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ran D@Santis Kevin Guthrie
Governor Director
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May 17, 2021 Wj
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Ms. Mimi Young, City Clerk
City of Layton
68260 Overseas Highway
Long Key, FL 33001 a
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Dear Ms. Young.,
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The State Floodplain Management Office has received a copy of your recently adopted
ordinance related to floodplain management for the City of Layton. This letter acknowledges receipt
and approval of Ordinance No. 2021-04-01. We appreciate the City's careful attention to
maintaining consistency with the requirements of the National Flood Insurance Program and
adoption of provisions that will reduce future vulnerability to flooding.
Ordinance No. 2021-04-01 relocated the City's amendments to the Florida Building Code >
from Chapter 10 to Chapter 114. We recommend the City resubmit the amendments to the FloridaCIL
Building Commission. Pursuant to 553.73(4)(a), F.S., local amendments to the Florida Building
Code are to be transmitted to the Florida Building Commission within 30 days after enactment.
Mark the pages of the adopted ordinance that show the FBC amendments and scan the first page,
the marked pages showing FBC amendments, and the signature page and send to the
Commission: Mo.Madan i m floridalicense.com; Marlita.Peters@myfloridalicense.com_. Q
Q
Please note that any subsequent changes to these regulations, including any future
amendments to adopt requirements or code amendments that exceed NFIP minimums, are subject
to review by this office prior to adoption. As the NFIP State Coordinating Agency, one of our ,
responsibilities is to collaborate with communities to ensure they remain compliant with the NFIP CN
requirements for participation in the NFIP. cN
We appreciate the City's effort to move this important ordinance through the adoption
process. Please do not hesitate to contact us at floods(?r em.myflorida.com and (850) 815-4556.
1
Sincerely,
,Igitallysigned by Conn Cole a+
DN:do=erg,dc-fleoc,ou=UEM Users,ou=Mitlgation,
Qu=Ha—dW1t1ptionAselsta—cn=Conn Cole.
email=Conn.Cole�em.myllorida,com
° 9ate:2C21,05.17 CM 139-GOD, X
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Conn H. Cole, MBA/PA, CFM �
State NFIP Coordinator/State Floodplain Manager
State Floodplain Management Office
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cc: Eddy Bouza, SFMO Floodplain Management/Ordinance Specialist
D IVI S I O N HEADQUARTERS STATE LOGISTICS RESPONSE CENTER
2555 Shurrlard Oak Blvd Tel,850-815-4000 2702 Directors Row
Tallahassee, FL 32399-2100 www�Floridg�Disas ter.oro Orlando, FL 32809-5631
Packet Pg.4636
Exhibit 10
S.4.1
Key West
SUBPART A-GENERAL ORDINANCES-Chapter 34—FLOODS-ARTICLE II. FLOODPLAIN MANAGEMENT
ARTICLE 11. FLOODPLAIN MANAGEMENT'
Secs. 34-26-34-121. Reserved.
Sec. 34-122. General. 0
(1) Title. These regulations shall be known as the floodplain management ordinance of City of Key West,
hereinafter referred to as"this ordinance."
(2) Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within U)
any flood hazard area, including, but not limited to, the subdivision of land; filling, grading, and other site
improvements and utility installations; construction, alteration, remodeling, enlargement, improvement,
replacement, repair, relocation or demolition of buildings, structures,and facilities that are exempt from the
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Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured
buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming 0
pools; and any other development.
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(3) Intent.The purposes of this ordinance and the flood load and flood-resistant construction requirements of the
Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and cis
general welfare and to minimize public and private losses due to flooding through regulation of development U
in flood hazard areas to:
(a) Minimize unnecessary disruption of commerce/access and public service during times of flooding;
(b) Require the use of appropriate construction practices in order to prevent or minimize future flood
damage;
(c) Manage filling,grading, dredging, mining, paving, excavation, drilling operations, storage of equipment
or materials,and other development which may increase flood damage or erosion potential;
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(d) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain; CL
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(e) Minimize damage to public and private facilities and utilities;
(f) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;
(g) Minimize the need for future expenditure of public funds for flood control projects and response to and
recovery from flood events; and
(h) Meet the requirements of the National Flood Insurance Program for community participation as set forth
in the Title 44 Code of Federal Regulations,Section 59.22.
(4) Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in
conjunction with the Florida Building Code.Where cited,ASCE 24 refers to the edition of the standard that is
referenced by the Florida Building Code.
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(5) Warning.The degree of flood protection required by this ordinance and the Florida Building Code,as amended
by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific
and engineering considerations.Larger floods can and will occur.Flood heights may be increased by man-made
or natural causes.This ordinance does not imply that land outside of mapped special flood hazard areas, or
'Editor's note(s)—Sec. 1 of Ord. No. 13-05,adopted Mar. 19,2013, repealed art. II, Flood damage prevention,
consisting of§§34-26-34-121,deriving from the 1986 Code;and Ord. No.04-11,adopted June 2,2004.Sec.
2 of Ord. No. 13-05 enacted new provisions to read as herein set out.
Page 1 of 23
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S.4.1
that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood
hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance
rate maps and the requirements of Title 44 Code of Federal Regulations,Sections 59 and 60 may be revised by
the Federal Emergency Management Agency, requiring the city to revise these regulations to remain eligible
for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future
use is implied or expressed by compliance with this ordinance.
(6) Disclaimer of liability. This ordinance shall not create liability on the part of city commission of the City of Key
West or by any officer or employee thereof for any flood damage that results from reliance on this ordinance 0
or any administrative decision lawfully made thereunder.
(Ord. No. 13-05, §2,3-19-2013)
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Sec. 34-123. Applicability.
(1) General. Where there is a conflict between a general requirement and a specific requirement, the specific CL
requirement shall be applicable. 0
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(2) Areas to which this ordinance applies.This ordinance shall apply to all flood hazard areas within the City of Key
West,as established in section 34-123(4)of this ordinance. �
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(3) Basis for establishing flood hazard areas. The Flood Insurance Study for Monroe County, Florida, and
Incorporated Areas dated February 18, 2005, and all subsequent amendments and revisions, and the t3
accompanying flood insurance rate maps(FIRM),and all subsequent amendments and revisions to such maps,
are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood
hazard areas. Flood hazard areas that have been delineated on the printed FIRM as subject to wave heights
between one feet and three feet shall be established as Coastal A Zones.Studies and maps that establish flood
hazard areas are on file at the FEMA Coordinator/Floodplain Administrator located at the City of Key West
Planning Department, Key West, Florida.
(a) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base
flood elevations, pursuant to section 34-127 of this ordinance the floodplain administrator may require
submission of additional data. Where field surveyed topography prepared by a Florida-licensed
professional surveyor or digital topography accepted by the community indicates that ground elevations: CL
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1. Are below the closest applicable base flood elevation, even in areas not delineated as a special
flood hazard area on a FIRM,the area shall be considered as flood hazard area and subject to the J
requirements of this ordinance and,as applicable,the requirements of the Florida Building Code. ,
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2. Are above the closest applicable base flood elevation,the area shall be regulated as special flood
hazard area unless the applicant obtains a letter of map change that removes the area from the
special flood hazard area.
(4) Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or
federal law.
(5) Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of
development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances cv
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including, but not limited to, land development regulations, zoning ordinances, stormwater management
regulations, or, the Florida Building Code. In the event of a conflict between this ordinance and any other
ordinance,the more restrictive shall govern.This ordinance shall not impair any deed restriction,covenant or
easement,but any land that is subject to such interests shall also be governed by this ordinance. U
(6) Interpretation. In the interpretation and application of this ordinance,all provisions shall be: °
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
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(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 13-05, §2,3-19-2013)
Sec. 34-125. Duties and powers of the floodplain administrator.
(1) Designation.The FEMA Coordinator is designated as the floodplain administrator.The floodplain administrator
may delegate performance of certain duties to other employees. 0
(2) General. The floodplain administrator is authorized and directed to administer and enforce the provisions of
this ordinance.The floodplain administrator shall have the authority to render interpretations of this ordinance
consistent with the intent and purpose of this ordinance and may establish policies and procedures in order
to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the
effect of waiving requirements specifically provided in this ordinance without the granting of a variance
pursuant to section 34-129 of this ordinance.
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(3) Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the
community,shall: 0
(a) Review applications and plans to determine whether proposed new development will be located in flood cv
hazard areas;
(b) Review applications for modification of any existing development in flood hazard areas for compliance U
with the requirements of this ordinance;
(c) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact
location of boundaries; a person contesting the determination shall have the opportunity to appeal the
interpretation;
(d) Provide available flood elevation and flood hazard information;
(e) Determine whether additional flood hazard data shall be obtained from other sources or shall be
developed by an applicant;
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(f) Review applications to determine whether proposed development will be reasonably safe from flooding;
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(g) Issue floodplain development permits or approvals for development other than buildings and structures CL
that are subject to the Florida Building Code, including buildings, structures and facilities exempt from
the Florida Building Code when compliance with this ordinance is demonstrated,or disapprove the same
in the event of noncompliance; ,
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(h) Coordinate with and provide comments to the building official to assure that applications, plan reviews,
and inspections for building permits for buildings and structures in flood hazard areas comply with the
requirements of this ordinance.
(4) Substantial improvement and substantial damage determinations. For applications for building permits to
improve buildings and structures,including alterations,movement,enlargement,replacement,repair,change
of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial
damage,and any other improvement of or work on such buildings and structures,the floodplain administrator, W
shall: c14
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(a) Estimate the market value, or require the applicant to submit appraisals - not older than one year -of
the market value prepared by a qualified independent appraiser,of the building or structure before the
start of construction of the proposed work; in the case of repair, the market value of the building or
structure shall be the market value before the damage occurred and before any repairs are made;
(b) Compare the cost to perform the improvement,the cost to repair a damaged building to its pre-damaged
condition, or the combined costs of improvements and repairs, if applicable,to the market value of the
building or structure;
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S.4.1
(c) Determine and document whether the proposed work constitutes substantial improvement or repair of
substantial damage;for proposed work to repair damage caused by flooding,the determination requires
evaluation as specified in the definition of"substantial damage";and
(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of
substantial damage and that compliance with the flood-resistant construction requirements of the
Florida Building Code and this ordinance is required.
(e) When determining costs as described in this subsection, pursuant to FEMA desk reference P-758, the 0
floodplain administrator shall include:
i. Materials, labor, including the estimated value of donated or discounted materials and owner or
volunteer labor as explained in Secs.4.4.4&4.4.5 of FEMA desk reference P-758;
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ii. Site preparation related to the improvement or repair;
iii. Demolition and construction debris disposal as explained in Sec.4.4.6 of FEMA desk reference P-
758;
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iv. Labor and other costs associated with demolishing, moving, or altering building components to 0
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accommodate improvements, additions, and making repairs as explained in Secs.4.4.6&4.4.7 of
FEMA desk reference P-758; �
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V. Costs associated with complying with any other regulations or code requirement that is triggered
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by the work, including costs to comply with the requirements of the Americans with Disabilities U
Act as explained in Sec.4.4.8 of FEMA desk reference P-758;
vi. Costs associated with elevating a structure when the proposed elevation is lower that the Base
Flood Elevation;
vii. Construction management supervision;
viii. Contractor's overhead and profit;
ix. Sales tax on materials;
X. Structural elements and exterior finishes;
xi. Interior finish elements; CL
xii. Utility and service equipment;
xiii. In the event of an owner/builder, paragraphs i through xii shall be estimated as fair market value
in the City of Key West;
(5) Modifications of the strict application of the requirements of the Florida Building Code. The floodplain
administrator shall review requests submitted to the building official that seek approval to modify the strict
application of the flood load and flood-resistant construction requirements of the Florida Building Code to
determine whether such requests require the granting of a variance pursuant to section 34-129 of this
ordinance.
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(6) Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for the
issuance of all necessary notices or orders to ensure compliance with this ordinance.
(7) Inspections.The floodplain administrator shall make the required inspections as specified in section 34-128 of
this ordinance for development that is not subject to the Florida Building Code, including buildings,structures
and facilities exempt from the Florida Building Code.The floodplain administrator shall inspect flood hazard
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areas to determine if development is undertaken without issuance of a permit.
(8) Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including,
but not limited to:
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(a) Establish, in coordination with the building official, procedures for administering and documenting
determinations of substantial improvement and substantial damage made pursuant to section 34-125(4)
of this ordinance;
(b) Require that applicants proposing alteration of a watercourse notify adjacent communities and the
Florida Division of Emergency Management,State Floodplain Management Office,and submit copies of
such notifications to the Federal Emergency Management Agency(FEMA);
(c) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit 0
applications to submit to FEMA the data and information necessary to maintain the flood insurance rate
maps if the analyses propose to change base flood elevations,flood hazard area boundaries,or floodway
designations;such submissions shall be made within six months of such data becoming available;
(d) Review required design certifications and documentation of elevations specified by this ordinance and
the Florida Building Code and this ordinance to determine that such certifications and documentations
are complete and include photographs that at a minimum show the front and rear of the building and
its foundation;
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(e) Notify the Federal Emergency Management Agency when the corporate boundaries of City of Key West 0
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are modified; and
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(f) Advise applicants for new buildings and structures, including substantial improvements that are located
in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act(Pub.
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L.97-348)and the Coastal Barrier Improvement Act of 1990(Pub.L.101-591)that federal flood insurance U
is not available on such construction; areas subject to this limitation are identified on Flood Insurance
Rate Maps as"Coastal Barrier Resource System Areas"and "Otherwise Protected Areas."
(9) Floodplain management records. Regardless of any limitation on the period required for retention of public
records, the floodplain administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of this ordinance and the flood-resistant
construction requirements of the Florida Building Code,including flood insurance rate maps; letters of change;
records of issuance of permits and denial of permits; determinations of whether proposed work constitutes
substantial improvement or repair of substantial damage; required design certifications and documentation
of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities,
FEMA, and the state related to alterations of watercourses; assurances that the flood-carrying capacity of
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altered watercourses will be maintained; documentation related to appeals and variances, including
justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and
the flood-resistant construction requirements of the Florida Building Code.These records shall be available for U_
public inspection at the City of Key West Planning Department, Key West, Florida. U)
(Ord. No. 13-05, §2,3-19-2013;Ord. No. 16-07, § 1,5-17-2016;Ord. No. 17-07, § 1,8-15-2017)
Sec. 34-126. Permits.
(1) Permits required. Any owner or owner's authorized agent(hereinafter"applicant")who intends to undertake
any development activity within the scope of this ordinance, including buildings, structures and facilities
exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall cv
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first make application to the floodplain administrator, and the building official if applicable, and shall obtain
the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the
requirements of this ordinance and all other applicable codes and regulations has been satisfied.
(2) Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued
pursuant to this ordinance for any development activities not subject to the requirements of the Florida
Building Code, including buildings,structures and facilities exempt from the Florida Building Code. Depending
on the nature and extent of proposed development that includes a building or structure, the floodplain
Page 5 of 23
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S.4.1
administrator may determine that a floodplain development permit or approval is required in addition to a
building permit.
(a) Buildings,structures and facilities exempt from the Florida Building Code. Pursuant to the requirements
of federal regulation for participation in the National Flood Insurance Program(44 C.F.R.Sections 59 and
60),floodplain development permits or approvals shall be required for the following buildings,structures
and facilities that are exempt from the Florida Building Code and any further exemptions provided by
law,which are subject to the requirements of this ordinance:
0
1. Railroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms,as provided in F.S.§604.50.
3. Temporary buildings or sheds used exclusively for construction purposes. vy
4. Mobile or modular structures used as temporary offices.
5. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.
As used in this paragraph,the term"chickee"means an open-sided wooden but that has a thatched CL
roof of palm or palmetto or other traditional materials, and that does not incorporate any 0
0
electrical, plumbing,or other non-wood features.
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6. Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled
on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of
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granite,marble,or reinforced concrete. U
7. Temporary housing provided by the department of corrections to any prisoner in the state
correctional system.
8. Structures identified in F.S. §553.73(10)(k),are not exempt from the Florida Building Code if such
structures are located in flood hazard areas established on flood insurance rate maps.
b. In accordance with "Appendix G"of the current Florida Building Code.
(3) Application fora permit orapproval.To obtain a floodplain development permit or approval the applicant shall
first file an application in writing on a form furnished by the community.The information provided shall:
(a) Identify and describe the development to be covered by the permit or approval.
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(b) Describe the land on which the proposed development is to be conducted by legal description, street
address or similar description that will readily identify and definitively locate the site. 0
(c) Indicate the use and occupancy for which the proposed development is intended.
(d) Be accompanied by a site plan or construction documents as specified in section 34-127 of this
ordinance.
(e) State the valuation of the proposed work.
(f) Be signed by the applicant or the applicant's authorized agent.
(g) Give such other data and information as required by the floodplain administrator.
(h) Applications utilizing the Building Height Exception under section 122-1149, requires specific floodplain �
V_
approval ensuring enclosures below Base Flood Elevation do not exceed 299 square feet, and remain ;
subject to the usage limitations specified in section 1612 of the Florida Building Code.
(4) Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this
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ordinance shall not be construed to be a permit for,or approval of,any violation of this ordinance,the Florida
Building Codes, or any other ordinance of this community. The issuance of permits based on submitted
applications, construction documents, and information shall not prevent the floodplain administrator from
requiring the correction of errors and omissions.
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(5) Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by
such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or
abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180
days each shall be requested in writing and justifiable cause shall be demonstrated.
(6) Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain
development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or
incomplete information,or in violation of this ordinance or any other ordinance,regulation or requirement of
this community. 0
(7) Other permits required. Floodplain development permits and building permits shall include a condition that all
other applicable state or federal permits be obtained before commencement of the permitted development,
including, but not limited to,the following: U)
(a) The South Florida Water Management District; F.S. §373.036.
(b) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S.
and Chapter 64E-6, F.A.C. CL
0
(c) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical 2
activities for shore protection or other activities seaward of the coastal construction control line; F.S. § cv
161.141.
(d) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § U
161.055. a
(e) Florida Department of Environmental Protection for activities that affect wetlands and alter surface
water flows, in conjunction with the U.S.Army Corps of Engineers; Section 404 of the Clean Water Act.
(f) For properties identified by the U.S.Wildlife Service on FEMA's species focus area maps and/or RE list as
potentially containing suitable habitat for specific endangered species,the U.S.Wildlife Service shall first
render its approval and/or conditions.
(g) Federal permits and approvals.
(Ord. No. 13-05, §2,3-19-2013;Ord. No. 16-07, §2,5-17-2016)
Sec. 34-127. Site plans and construction documents.
(1) Information for development in flood hazard areas. The site plan or construction documents for any ,
development subject to the requirements of this ordinance shall be drawn to scale and shall include, as
applicable to the proposed development:
(a) Delineation of flood hazard areas,floodway boundaries and flood zone(s), base flood elevation(s), and
ground elevations if necessary for review of the proposed development.
(b) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance
Study,they shall be established in accordance section 34-127(2)(b)or(c)of this ordinance.
(c) Where the parcel on which the proposed development will take place will have more than 50 lots or is cv
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larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance
study,such elevations shall be established in accordance with section 34-127(2)of this ordinance.
(d) Location of the proposed activity and proposed structures, and locations of existing buildings and
structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean
high tide.
(e) Location,extent,amount,and proposed final grades of any filling,grading,or excavation.
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(f) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction
specifications;a description of the intended purpose of the fill areas;and evidence that the proposed fill
areas are the minimum necessary to achieve the intended purpose.
(g) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal
construction control line, if applicable.
(h) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is
approved by the Florida Department of Environmental Protection. 0
(i) Existing and proposed alignment of any proposed alteration of a watercourse.
The floodplain administrator is authorized to waive the submission of site plans,construction documents,and
other data that are required by this ordinance but that are not required to be prepared by a registered design vy
professional if it is found that the nature of the proposed development is such that the review of such submissions
is not necessary to ascertain compliance with this ordinance.
(2) Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard
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areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain a
administrator shall: 2
(a) Require the applicant to include base flood elevation data prepared in accordance with currently �
accepted engineering practices.
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(b) Obtain, review, and provide to applicants base flood elevation data available from a federal or state U
agency or other source or require the applicant to obtain and use base flood elevation data available
from a federal or state agency or other source.
(c) Where base flood elevation and floodway data are not available from another source, where the
available data are deemed by the floodplain administrator to not reasonably reflect flooding conditions,
or where the available data are known to be scientifically or technically incorrect or otherwise
inadequate:
1. Require the applicant to include base flood elevation data prepared in accordance with currently
accepted engineering practices; or
2. Specify that the base flood elevation is two feet above the highest adjacent grade at the location
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of the development, provided there is no evidence indicating flood depths have been or may be
greater than two feet.
(d) Where the base flood elevation data are to be used to support a letter of map change from FEMA,advise U,
the applicant that the analyses shall be prepared by a Florida-licensed engineer in a format required by
FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and
pay the processing fees.
(3) Additional analyses and certifications. As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the applicant shall have the following analyses °
signed and sealed by a Florida-licensed engineerfor submission with the site plan and construction documents:
X
(a) For alteration of a watercourse, an engineering analysis prepared in accordance with standard
engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated
portion of the watercourse will not be decreased,and certification that the altered watercourse shall be ;
maintained in a manner which preserves the channel's flood-carrying capacity;the applicant shall submit
the analysis to FEMA as specified in section 34-127(4)of this ordinance.
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(b) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas(Zone V),
an engineering analysis that demonstrates that the proposed alteration will not increase the potential
for flood damage.
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(4) Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and
additional analyses are submitted to support an application,the applicant has the right to seek a letter of map
change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries
of flood hazard areas shown on FIRMS,and to submit such data to FEMA for such purposes.The analyses shall
be prepared by a Florida-licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
(Ord. No. 13-05, §2,3-19-2013)
0
Sec. 34-128. Inspections.
(1) General. Development for which a floodplain development permit or approval is required shall be subject to
inspection.
(a) Development other than buildings and structures. The floodplain administrator shall inspect all
development to determine compliance with the requirements of this ordinance and the conditions of CL
issued floodplain development permits or approvals. 0
0
(b) Buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator
shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine �
compliance with the requirements of this ordinance and the conditions of issued floodplain development
permits or approvals. U
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1. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection.
Upon placement of the lowest floor,including basement,and prior to further vertical construction,
the owner of a building,structure or facility exempt from the Florida Building Code,or the owner's
authorized agent,shall submit to the floodplain administrator:
a. If a design flood elevation was used to determine the required elevation of the lowest floor,
the certification of elevation of the lowest floor prepared and sealed by a Florida-licensed
professional surveyor;or
I
b. If the elevation used to determine the required elevation of the lowest floor was determined
in accordance with section 34-127(2)(c)2.of this ordinance,the documentation of height of
the lowest floor above highest adjacent grade, prepared by the owner or the owner's CL
authorized agent.
(c) Buildings,structures and facilities exempt from the Florida Building Code,final inspection. As part of the U_
final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator a U)
final certification of elevation of the lowest floor or final documentation of the height of the lowest floor
above the highest adjacent grade;such certifications and documentations shall be prepared as specified
in section 34-128(1)(b)1.of this ordinance.
(d) Manufactured homes.The floodplain administrator shall inspect manufactured homes that are installed
or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and
the conditions of the issued permit. Upon placement of a manufactured home, certification of the
elevation of the lowest floor shall be submitted to the floodplain administrator. W
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(Ord. No. 13-05, §2,3-19-2013)
Sec. 34-129. Variances and appeals.
(1) General.The planning board shall hear and decide on requests for variances from the strict application of this
ordinance. Pursuant to F.S. § 553.73(5), the planning board shall hear and decide on requests for variances
from the strict application of the flood resistant construction requirements of the Florida Building Code.This
section does not apply to Section 3109 of the Florida Building Code, Building.
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(2) Appeals. The city commission shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the floodplain administrator in the administration and
enforcement of this ordinance.Any person aggrieved by the decision of the city commission may appeal such
decision to the circuit court,as provided by Florida Statutes.
(3) Limitations on authority to grant variances. The planning board shall base its decisions on variances on
technical justifications submitted by applicants, the considerations for issuance in section 34-129(6) of this
ordinance,the conditions of issuance set forth in section 34-129(7) of this ordinance, and the comments and
recommendations of the floodplain administrator and the building official.The planning board has the right to 0
attach such conditions as it deems necessary to further the purposes and objectives of this ordinance.
(4) Historic buildings. For structures listed on the city historic preservation survey, exemption variance from the
flood-resistant construction/elevation requirements is authorized for the repair, improvement, or vy
rehabilitation of a historic building that is determined eligible for exception under the Florida Building Code,
Existing Building,Chapter 11 Historic Buildings,subject to the following conditions:
(a) The proposed repair, improvement, addition, development or rehabilitation will not preclude the CL
building's continued designation as a historic building and the work is the minimum necessary to a
preserve the historic character and design of the building,and 2
(b) Machinery, power distribution panels and other equipment subject to damage from floodwaters shall �
be elevated at or above the base flood elevation,except that,
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1. Pursuant to the historic architectural review commission's guidelines,the commission or its staff U
may exempt such equipment or machinery from compliance with subsection (b) above,when it is
determined that compliance with that elevation requirement conflicts with the intent of preserving
a structure's historic fabric and/or character.
(5) Functionally dependent uses. A variance is authorized to be issued for the construction or substantial
improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, is the
minimum necessary deviation from the requirements of this ordinance, considering the flood hazard, and all
due consideration has been given to use of methods and materials that minimize flood damage during
occurrence of the base flood.
(6) Considerations for issuance of variance. In reviewing requests for variances,the planning board shall consider
all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this CL
ordinance,and the following:
(a) The danger that materials and debris may be swept onto other lands resulting in further injury or U_
damage; U)
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed development, including contents,to flood damage and the effect of
such damage on current and future owners;
(d) The importance of the services provided by the proposed development to the community;
(e) The availability of alternate locations for the proposed development that are subject to lower risk of
flooding or erosion; �
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(f) The compatibility of the proposed development with existing and anticipated development; ;
(g) The relationship of the proposed development to the comprehensive plan and floodplain management
E
program for the area; cy
(h) The safety of access to the property in times of flooding for ordinary and emergency vehicles;
(i) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the
floodwaters and the effects of wave action, if applicable,expected at the site;and
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(j) The costs of providing governmental services during and after flood conditions including maintenance
and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and
bridges.
(7) Conditions for issuance of variances. Variances shall be issued only upon:
(a) Submission by the applicant,of a showing of good and sufficient cause that the unique characteristics of
the size, configuration, or topography of the site limit compliance with any provision of this ordinance
or the required elevation standards; 0
(b) Determination by the planning board that:
1. Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; increased costs to satisfy the vy
requirements or inconvenience do not constitute hardship;
2. The granting of a variance will not result in increased flood heights, additional threats to public
safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the
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public or conflict with existing local laws and ordinances; and a
3. The variance is the minimum necessary deviation from the requirements of this ordinance,
considering the flood hazard,to afford relief; �
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(c) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the
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office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel U
of land;and
(d) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial
improvement of a building, below the required elevation, a copy in the record of a written notice from
the floodplain administrator to the applicant forthe variance,specifying the difference between the base
flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood
insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up
to amounts as high as $25.00 for$100.00 of insurance coverage), and stating that construction below
the base flood elevation increases risks to life and property. I
(Ord. No. 13-05, §2,3-19-2013)
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Sec. 34-130. Violations.
(1) Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by U)
this ordinance that is performed without an issued permit,that is in conflict with an issued permit,or that does
not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure
without the documentation of elevation of the lowest floor, other required design certifications, or other �e
evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation
until such time as that documentation is provided.
(2) Authority. For development that is not within the scope of the Florida Building Code but that is regulated by
this ordinance and that is determined to be a violation, the floodplain administrator is authorized to serve W
notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the
person or persons performing the work.
(3) Unlawful continuance. Any person who shall continue any work after having been served with a notice of
violation or a stop work order,except such work as that person is directed to perform to remove or remedy a
violation or unsafe condition,shall be subject to penalties as prescribed by law.
(Ord. No. 13-05, §2,3-19-2013)
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Sec. 34-131. Definitions, general.
(1) Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
ordinance, have the meanings shown in this section.
(2) Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in
the Florida Building Code,such terms shall have the meanings ascribed to them in that code.
(3) Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms 2
shall have ordinarily accepted meanings such as the context implies.
(Ord. No. 13-05, §2,3-19-2013)
U)
Sec. 34-132. Definitions, specific.
The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them CL
in this section: 0
2
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment,
channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of �
modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water
during conditions of the base flood.
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Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this
ordinance,or a request for a variance.
ASCE 24.A standard titled"Flood Resistant Design and Construction"that is referenced by the Florida Building
Code.ASCE 24 is developed and published by the American Society of Civil Engineers, Reston,VA.
Base flood.A flood having a one-percent chance of being equaled or exceeded in any given year. [Also defined
in FBC, B. Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "one-percent-
annual chance flood." 1
Base flood elevation.The elevation of the base flood, including wave height, relative to the National Geodetic
Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance CL
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rate map(FIRM). [Also defined in FBC, B.Section 1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined J
in FBC, B.Section 1612.2.]
U)
Building. (See structure)
Coastal construction control line. The line established by the State of Florida pursuant to F.S. § 161.053, and
recorded in the official records of the community,which defines that portion of the beach-dune system subject to
severe fluctuations based on a 100-year storm surge,storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary
frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic
sources.Coastal high hazard areas are also referred to as"high hazard areas subject to high velocity wave action"or �
"V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. [Note: The FBC, B
defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term
"coastal high hazard areas."]
Design flood.The flood associated with the greater of the following two areas: [Also defined in FBC, B.Section
1612.2.]
Created: 2021-07-26 11:49:46 [EST]
(Supp.No.81)
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1. Area with a floodplain subject to a one-percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally
designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum
specified on the community's legally designated flood hazard map. In areas designated as Zone AO,the design flood
elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number(in
feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified 0
on the map,the depth number shall be taken as being equal to two feet. [Also defined in FBC, B,Section 1612.2.]
Development. Any man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or
materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing
activities.
Dry floodproofing. See floodproofing,dry.
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Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a
a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. 2
Existing building and existing structure. Any buildings and structures for which the "start of construction" �
commenced before August 5, 1974. [Also defined in FBC, B.Section 1612.2.]
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Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the U
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before August 5, 1974.
Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency(FEMA). The federal agency that, in addition to carrying out other
functions,administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land
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from: [Also defined in FBC, B.Section 1612.2.]
1. The overflow of inland or tidal waters. 0
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged
contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in
FBC, B.Section 1612.2.]
Flood hazard area.The greater of the following two areas: [Also defined in FBC, B.Section 1612.2.] °
1. The area within a floodplain subject to a one-percent or greater chance of flooding in any year.
2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally �
designated. V"
Flood insurance rate map (FIRM). The official map of the community on which the Federal Emergency
Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the
community. [Also defined in FBC, B.Section 1612.2.]
Flood insurance study(FIS). The official report provided by the Federal Emergency Management Agency that
contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface
elevations of the base flood,and supporting technical data. [Also defined in FBC, B.Section 1612.2.]
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Floodplain administrator. The office or position designated and charged with the administration and
enforcement of this ordinance(may be referred to as the floodplain manager).
Floodplain development permit or approval. An official document or certificate issued by the community, or
other evidence of approval or concurrence, which authorizes performance of specific development activities that
are located in flood hazard areas and that are determined to be compliant with this ordinance.
Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary 0
facilities,structures and their contents.
Floodproofing, Dry. Floodproofing method used to render a structure envelope substantially impermeable to
the entrance of floodwater,outside of type"V"flood zones.
U)
Floodproofing, Wet. The permanent or contingent measures applied to a structure and/or its contents that
prevent or provide resistance to damage from flooding by allowing flood waters to enter the structure.
Flood damage resistant materials. Any construction material capable of withstanding direct and prolonged
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contact with floodwaters,without sustaining any damage that requires more than cosmetic repair. a
Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida
Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building �
Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
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Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried U
out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term
storage or related manufacturing facilities.
Highest adjacent grade.The highest natural elevation of the ground surface prior to construction next to the
proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard area
requirements of the Florida Building Code, Existing Building,Chapter 11 Historic Buildings. 2 1
Letter of map change(LOMC). An official determination issued by FEMA that amends or revises an effective
flood insurance rate map or flood insurance study. Letter of map change include:
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Letterof map amendment(LOMA):An amendment based on technical data showing that a property was
incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood 0
insurance rate map and establishes that a specific property, portion of a property, or structure is not located U,
in a special flood hazard area.
Letterof map revision(LOMR):A revision based on technical data that may show changes to flood zones,
flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric �e
features.
Letterof map revision based on fill(LOMR-F):A determination that a structure or parcel of land has been
elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood
hazard area. In order to qualify for this determination, the fill must have been permitted and placed in
accordance with the community's floodplain management regulations.
Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed
flood protection project or other project complies with the minimum NFIP requirements for such projects with
E
respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance
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rate map or flood insurance study; upon submission and approval of certified as-built documentation,a letter
of map revision may be issued by FEMA to revise the effective FIRM.
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Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular
weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal
area of 45 square feet or less,which is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or
2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
3. Available with special features enabling off-street or off-highway operation and use.
0
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but
excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking,
building access or limited storage provided that such enclosure is not built so as to render the structure in violation
of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B,Section 1612.2.] vy
Manufactured home. A structure,transportable in one or more sections,which is eight feet or more in width
and greater than 400 square feet,and which is built on a permanent,integral chassis and is designed for use with or
without a permanent foundation when attached to the required utilities.The term "manufactured home" does not
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include a "recreational vehicle"or"park trailer." [Also defined in 15C-1.0101, F.A.C.] a
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale. cv
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Market value. The price at which a property will change hands between a willing buyer and a willing seller,
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neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts.As used U
in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other
improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash
value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to
approximate market value by a factor provided by the property appraiser.
New construction. For the purposes of administration of this ordinance and the flood-resistant construction
requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after
August 5, 1974(or date as may subsequently be modified by FEMA)and includes any subsequent improvements to
such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a CL
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after August 5, 1974. 0
Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built on a single
chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for
operation of installed fixtures and appliances. [Defined in F.S. §320.01]
Public restrooms in SFHAs. "Public restroom" in a special flood hazard area is a structure designed and
constructed to meet the sanitary needs of the public when visiting coastal and non-coastal properties. Such
structures may include toilet rooms, changing rooms, shower stalls, required plumbing including backflow
preventers, a minimum service drop for electrical equipment for lighting and receptacles, grinder pumps. Public
restrooms shall provide the above elements only, and may also be called "comfort stations", "bath houses" or
"bathrooms". Public restrooms shall be designed and constructed to withstand hydrodynamic,hydrostatic and wave
load impacts,and extended periods of flood inundation.Such structures shall meet or exceed the NFIP, IBC, FBC and ;
the ASCE/SE124-05 standards for construction in A zones and V zones when constructed either above or below BFE.
Recreational vehicle. A vehicle, including a park trailer,which is: [See F.S. §320.01)
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1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
Page 15 of 23
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S.4.1
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping,travel,or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Special flood hazard area (SFHA). Land in the floodplain subject to a 1%or greater chance of flooding in any
given year; area delineated on the Flood Insurance Rate Map as Zone A,AE,Al-30, A99, AR, AO,AH, Coastal A,V,
VO,VE,or V1-30.
Start of construction. The date of issuance for new construction and substantial improvements to existing 0
structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or
other improvement is within 180 days of the date of the issuance.The actual start of construction means either the
first placement of permanent construction of a building (including a manufactured home) on a site, such as the
pouring of slab or footings,the installation of piles,the construction of columns.
Permanent construction does not include land preparation(such as clearing,grading,or filling),the installation
of streets or walkways,excavation for a basement,footings, piers,or foundations,the erection of temporary forms
or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the CL
main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any 0
0
wall,ceiling,floor or other structural part of a building,whether or not that alteration affects the external dimensions
of the building. [Also defined in FBC, B Section 1612.2.] �
Structure. For floodplain management purposes:
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A structure with two or more outside rigid walls and a fully secured roof,that is affixed to a permanent site;
or
A manufactured home (a "manufactured home," also known as a mobile home, is a structure built on a
permanent chassis,transported to its site in one or more sections,and affixed to a permanent foundation);or
A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated
under the community's floodplain management and building ordinances or laws.
A gas or liquid storage tank.
I
Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the
CL
damage occurred.The term also includes flood-related damage sustained by a structure on two separate occasions
during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or
exceeds 25 percent of the market value of the structure before the damage occurred,which is known as a"repetitive U_
loss."Accumulated deterioration or decay contributes toward substantial damage.
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other
improvement or alteration of a building or structure,taking place during a five-year period, the cumulative cost of
which equals or exceeds 50 percent of the market value of the building or structure before the improvement or
repair is started. For each building or structure,the five-year period begins on the date of the first improvement or
repair of that building or structure subsequent to 1986.The five-year period is extended if the improvements are
not completed within this time, until all the improvements pass all final inspections. If the structure has incurred
"substantial damage," any repairs are considered substantial improvement regardless of the actual repair work
performed. Structures that have been moved, or structures that have new, replaced, or substantially modified
foundations are considered to be substantially improved.The term does not, however, include either: ;
1. Any project for improvement of a building required to correct existing health, sanitary, or safety code
E
violations identified and cited by a duly authorized city official and that are the minimum necessary to
assure safe living conditions, if cited prior to a Building Permit Application.
2. Any alteration of a historic structure provided the alteration will not preclude the structure's continued
designation as a historic structure and the alteration is approved by variance issued pursuant to section
34-129 of this ordinance, unless the building has been moved or the foundation replaced.
Page 16 of 23
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S.4.1
Variance. A grant of relief from the requirements of this ordinance, or the flood-resistant construction
requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be
permitted by this ordinance or the Florida Building Code.
Watercourse.A river,creek,stream,channel or other topographic feature in,on,through,or over which water
flows at least periodically.
Wet Floodproofing. See Floodproofing,Wet.
(Ord. No. 13-05, §2,3-19-2013;Ord. No. 16-07, §3,5-17-2016;Ord. No. 17-07, §2,8-15-2017) 0
Sec. 34-133. Flood-resistant development; buildings and structures.
U)
(1) Design and construction of buildings,structures and facilities exempt from the Florida Building Code. Pursuant
to section 34-126(2)(a) of this ordinance, buildings,structures, and facilities that are exempt from the Florida
Building Code,including substantial improvement or repair of substantial damage of such buildings,structures
and facilities, shall be designed and constructed in accordance with the flood load and flood-resistant
construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled 0
and roofed buildings shall comply with the requirements of section 34-139 of this ordinance.
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(2) Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part,
seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area:
(a) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable a
requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building
Code, Residential Section R322.
(b) Minor structures and non-habitable major structures as defined in F.S. § 161.54, shall be designed and
constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24.
(3) Public restrooms.
(a) Not structurally connected to another structure.
(b) Are permitted below the elevations specified in ASCE-24, Table 4-1, if constructed in accordance with
the provision of this public restrooms section. CL
(c) Piles, pile caps, footings, mat or raft foundations, grade beams, columns and shear walls designed and
constructed in accordance with ASCE/SEI 24-05,Section 4.5 shall not be required to meet the elevation
LL
requirements of ASCE-24,Table 4-1. ,
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(d) Public restroom foundations must be designed and constructed in accordance with ASCE/SEI 24-05,
Section 4.5,to minimize forces acting on that system.
(e) All new construction and substantial improvements shall be reasonably safe from flood damage:
(i) Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including the
X
effects of buoyancy;
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(ii) Be constructed with materials resistant to flood damage;
(iii) Be constructed by methods and practices that minimize flood damages; and designed to account
for the following:
(1) Waves breaking against the side or underside of the structure;
(2) Drag, inertia, and other wave-induced forces acting on structural members supporting
elevated structures;
(3) Uplift forces from breaking waves striking the undersides of structures;
Page 17 of 23
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S.4.1
(4) Wave run-up forces including those deflected by the structure; and
(5) Erosion and scour.
(6) The structure must be protected to the maximum extent possible using an appropriate
alternative flood protection technique, such as wet floodproofing provided that such
structures represent a minimal investment and are designed to have a low damage potential
with respect to the structure and contents.
(7) A registered professional engineer or architect shall develop or review the structural design, 0
specifications and plans for the construction, and shall certify the design and methods of
construction to be used.
iv. Be constructed with electrical,heating,ventilation, plumbing,and air conditioning equipment and vy
other service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(f) Materials used in new construction in flood hazard areas shall have sufficient strength, rigidity, and
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durability to adequately resist all flood-related and other loads during installation. a
(g) Plumbing systems shall be designed and constructed to withstand flood waters and to prevent
contamination of surface waters in accordance with the provisions of ASCE/SEI 24-05,Section 7.3. �
(4) Appliances.
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(a) Appliances servicing a building, to be replaced or substantially repaired more than 50 percent of its a
salvage value,shall be installed at a minimum height of design flood elevation.
(Ord. No. 13-05, §2,3-19-2013;Ord. No. 16-07, §4,5-17-2016)
Sec. 34-134. Subdivisions.
(1) Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and
subdivisions,shall be reviewed to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from
flooding; CL
(b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are
located and constructed to minimize or eliminate flood damage;and LL
LL
(c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate
drainage paths shall be provided to guide floodwaters around and away from proposed buildings and
structures.
(2) Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and
subdivisions, lies within a flood hazard area,the following shall be required:
(a) Delineation of flood hazard areas,floodway boundaries and flood zones,and design flood elevations,as
appropriate,shall be shown on preliminary plats and final plats; w
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(b) Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are
not included on the FIRM,the base flood elevations determined in accordance with section 34-127(2)(a)
of this ordinance;and
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(c) Compliance with the site improvement and utilities requirements of section 34-135 of this ordinance.
(Ord. No. 13-05, §2,3-19-2013)
Page 18 of 23
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S.4.1
Sec. 34-135. Site improvements, utilities and limitations.
(1) Minimum requirements. All proposed new development shall be reviewed to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from
flooding;
(b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are
located and constructed to minimize or eliminate flood damage;and
(c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate
drainage paths shall be provided to guide floodwaters around and away from proposed buildings and
structures.
(2) Sanitarysewage facilities.All new and replacement sanitary sewage facilities,private sewage treatment plants
(including all pumping stations and collector systems),and on-site waste disposal systems shall be designed in
accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C.and CL
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from 0
the facilities into floodwaters,and impairment of the facilities and systems. 2
(3) Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with �
the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or
eliminate infiltration of floodwaters into the systems. U
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[(4)] [Reserved.]
(5) Limitations on placement of fill. Subject to the limitations of this ordinance,fill shall be designed to be stable
under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation,
and protection against flood-related erosion and scour. In addition to these requirements, if intended to
support buildings and structures (Zone A only),fill shall comply with the requirements of the Florida Building
Code.
(6) Limitations on sites in coastal high hazard areas(Zone V). In coastal high hazard areas,alteration of sand dunes
and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of
Environmental Protection and only if the engineering analysis required by section 34-127(3)(b) of this
ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. CL
Construction or restoration of dunes under or around elevated buildings and structures shall comply with
section 34-139(8)(c) of this ordinance. J
(Ord. No. 13-05, §2,3-19-2013)
Sec. 34-136. Manufactured homes.
(1) General.All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed _
pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the
requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured
homes shall comply with the more restrictive of the applicable requirements. cv
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(2) Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard
areas shall be installed on permanent, reinforced foundations that:
(a) In flood hazard areas(Zone A)other than coastal high hazard areas,are designed in accordance with the
foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance.
Created: 2021-07-26 11:49:46 [EST]
(Supp.No.81)
Page 19 of 23
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S.4.1
(b) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of
the Florida Building Code, Residential Section R322.3 and this ordinance.
(3) Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using
methods and practices which minimize flood damage and shall be securely anchored to an adequately
anchored foundation system to resist flotation,collapse or lateral movement. Methods of anchoring include,
but are not limited to, use of over-the-top or frame ties to ground anchors.This anchoring requirement is in
addition to applicable state and local anchoring requirements for wind resistance.
0
(4) Elevation. Manufactured homes that are placed,replaced,or substantially improved shall comply with section
34-136(4)(a)or(b)of this ordinance,as applicable.
(a) General elevation requirement. Unless subject to the requirements of section 34-136(4)(b) of this
ordinance,all manufactured homes that are placed,replaced,or substantially improved on sites located:
1. Outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision; CL
3. In an expansion to an existing manufactured home park or subdivision;or 0
0
4. In an existing manufactured home park or subdivision upon which a manufactured home has cv
incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of
the frame is at or above the elevation required,as applicable to the flood hazard area,in the Florida
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Building Code, Residential Section R322.2 (Zone A)or Section R322.3 (Zone V). t)
(b) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured
homes that are not subject to section 34-136(4)(a)of this ordinance,including manufactured homes that
are placed, replaced,or substantially improved on sites located in an existing manufactured home park
or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be
elevated such that the bottom of the frame of the manufactured home is at or above the base flood
elevation.
(5) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the
Florida Building Code, Residential Section R322 for such enclosed areas,as applicable to the flood hazard area.
(6) Utility equipment. Utility equipment that serves manufactured homes, including electric, heating,ventilation,
CL
plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of
the Florida Building Code, Residential Section R322,as applicable to the flood hazard area.
J
(7) [Manufactured homes.]Manufactured homes are prohibited in coastal high hazard areas and coastal A zones. ,
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(Ord. No. 13-05, §2,3-19-2013)
Sec. 34-137. Recreational vehicles and park trailers.
(1) Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:
(a) Be on the site for fewer than 180 consecutive days; or
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(b) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on
wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security ;
devices,and has no permanent attachments such as additions, rooms,stairs,decks and porches.
(2) Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 34-
136(1) of this ordinance for temporary placement shall meet the requirements of section 34-136 of this
ordinance for manufactured homes.
(Ord. No. 13-05,2,3-19-2013)
Page 20 of 23
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S.4.1
Sec. 34-138. Tanks.
(1) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse
or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty.
(2) Above-ground tanks,not elevated.Above-ground tanks that do not meet the elevation requirements of section
34-138(3)of this ordinance shall: 0
(a) Be permitted in flood hazard areas(Zone A)other than coastal high hazard areas,provided the tanks are
anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement
resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the
effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.
(b) Not be permitted in coastal high hazard areas(Zone V).
(3) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to CL
or above the design flood elevation on a supporting structure that is designed to prevent flotation,collapse or 0
lateral movement during conditions of the design flood.Tank-supporting structures shall meet the foundation 2
requirements of the applicable flood hazard area. cv
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(4) Tank inlets and vents.Tank inlets,fill openings,outlets and vents shall be:
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(a) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater t)
or outflow of the contents of the tanks during conditions of the design flood; and
(b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy,during conditions of the design flood.
(Ord. No. 13-05, §2,3-19-2013)
Sec. 34-139. Other development.
i
(1) General requirements for other development. All development, including man-made changes to improved or
unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building CL
CL
Code,shall:
(a) Be located and constructed to minimize flood damage; i
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(b) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads,
including the effects of buoyancy,during conditions of the design flood;
(c) Be constructed of flood damage-resistant materials; and
(d) Have mechanical, plumbing, and electrical systems above the design flood elevation, except that
minimum electric service required to address life safety and electric code requirements is permitted
below the design flood elevation provided it conforms to the provisions of the electrical part of building
code for wet locations.
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(2) [Elevators.] Elevators located within regulated flood zones shall have a default cab return to any floor at or
above the design flood elevation.
(3) Reserved.
(4) Reserved.
Created: 2021-07-26 11:49:46 [EST]
(Supp.No.81)
Page 21 of 23
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S.4.1
(5) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar
nonstructural uses in coastal high hazard areas(Zone V). In coastal high hazard areas, concrete slabs used as
parking pads,enclosure floors,landings,decks,walkways,patios and similar nonstructural uses are permitted
beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to
be:
(a) Structurally independent of the foundation system of the building or structure;
(b) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing 0
significant damage to any structure; and
(c) Have a maximum slab thickness of not more than four inches.
(6) Decks and patios in coastal high hazard areas(Zone V). In addition to the requirements of the Florida Building vy
Code, in coastal high hazard areas decks and patios shall be located,designed,and constructed in compliance
with the following:
(a) A deck that is structurally attached to a building or structure shall have the bottom of the lowest
CL
horizontal structural member at or above the design flood elevation and any supporting members that a
extend below the design flood elevation shall comply with the foundation requirements that apply to 2
the building or structure, which shall be designed to accommodate any increased loads resulting from cv
the attached deck.
(b) A deck or patio that is located below the design flood elevation shall be structurally independent from U
buildings or structures and their foundation systems, and shall be designed and constructed either to
remain intact and in place during design flood conditions or to break apart into small pieces to minimize
debris during flooding that is capable of causing structural damage to the building or structure or to
adjacent buildings and structures.
(c) A deck or patio that has a vertical thickness of more than 12 inches or that is constructed with more than
the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared
by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave
runup and wave reflection that would increase damage to adjacent buildings and structures. 2 1
(d) A deck or patio that has a vertical thickness of 12 inches or less and that is at natural grade or on
nonstructural fill material that is similar to and compatible with local soils and is the minimum amount
CL
necessary for site drainage may be approved without requiring analysis of the impact on diversion of
floodwaters or wave runup and wave reflection.
(7) Other development in coastal high hazard areas(Zone V). In coastal high hazard areas,development activities ,
other than buildings and structures shall be permitted only if also authorized by the appropriate federal,state
or local authority; if located outside the footprint of,and not structurally attached to,buildings and structures;
and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of
floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and
structures.Such other development activities include, but are not limited to:
(a) Bulkheads,seawalls, retaining walls, revetments,and similar erosion control structures;
X
(b) Solid fences and privacy walls,and fences prone to trapping debris, unless designed and constructed to
fail under flood conditions less than the design flood or otherwise function to avoid obstruction of
floodwaters; and ;
(c) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C.,as filled systems or mound
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systems.
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(8) Nonstructural fill in coastal high hazard areas(Zone V). In coastal high hazard areas:
(a) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for
landscaping and for drainage purposes under and around buildings.
Page 22 of 23
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S.4.1
(b) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall
be permitted only if an analysis prepared by a qualified registered design professional demonstrates no
harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to
adjacent buildings and structures.
(c) Where authorized by the Florida Department of Environmental Protection or applicable local approval,
sand dune construction and restoration of sand dunes under or around elevated buildings are permitted
without additional engineering analysis or certification of the diversion of floodwater or wave runup and
wave reflection if the scale and location of the dune work is consistent with local beach-dune 0
morphology and the vertical clearance is maintained between the top of the sand dune and the lowest
horizontal structural member of the building.
(Ord. No. 13-05, §2,3-19-2013;Ord. No. 16-07, §5,5-17-2016) U)
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Page 23 of 23
Packet Pg.4659
Exhibit 11
Key Colony Beach
ARTICLE VIII. - FLOODPLAIN MANAGEMENTM
ARTICLE VIII. FLOODPLAIN MANAGEMENT
Footnotes:
0
diiitooi µs unote ...... Ord. II o. 2018 456A, § 2, d() ed Jan '10, 2019, urepealed the R)inrrncury 1 \M1 , §§ 101 90 1 C 1...
109 9, and ena(1ed a arias 1 \\III as ssl ouuul Iherelin I he R)inrrncury 1 \\III pei17aVned k) sliiinlilar sdb e(l irrn llcury nd LU
deiJved lroiirn Ord II o 299 1995, d()) ed Dec, 2 3, 19 5; Ord No 351 ..2003, d() ed Mair '1 , 1 0031 and Ord
o 4 4,...2011, d() ed INov 22, 2011.
Sec. 101-90. - Floodplain management; general.
(1) Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Key CL
Colony Beach, hereinafter referred to as "this article." o
0
(2) Scope. The provisions of this article shall apply to all development that is wholly within or partially cv
within any flood hazard area, including but not limited to, the subdivision of land; filling, grading, and N
other site improvements and utility installations; construction, alteration, remodeling, enlargement,
improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that
are exempt from the Florida Building Code; installation or replacement of tanks; installation of
swimming pools; and any other development.
(3) Intent. The purposes of this article and the flood load and flood-resistant construction requirements
LO
of the Florida Building Code are to establish minimum requirements to safeguard the public health,
safety, and general welfare and to minimize public and private losses due to flooding through 00
regulation of development in flood hazard areas to: N
(a) Minimize unnecessary disruption of commerce, access and public service during times of
flooding;
(b) Require the use of appropriate construction practices in order to prevent or minimize future flood
damage;
(c) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of
equipment or materials, and other development which may increase flood damage or erosion t0
potential;
(d) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain;
(e) Minimize damage to public and private facilities and utilities;
(f) Help maintain a stable tax base by providing for the sound use and development of flood hazard
LU
areas; N
It-
(g) Minimize the need for future expenditure of public funds for flood control projects and response
to and recovery from flood events; and
(h) Meet the requirements of the National Flood Insurance Program for community participation as
set forth in Title 44 Code of Federal Regulations, Section 59.22.
(4) Coordination with the Florida Building Code. This article is intended to be administered and enforced
in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the
standard that is referenced by the Florida Building Code.
P
Packet Pg.4660
S.4.m
Key Colony Beach
(5) Warning. The degree of flood protection required by this article and the Florida Building Code, as
amended by this community, is considered the minimum reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur. Flood heights
may be increased by man-made or natural causes. This article does not imply that land outside of
mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free
from flooding or flood damage. The flood hazard areas and base flood elevations contained in the
Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44
Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency
Management Agency, requiring this community to revise these regulations to remain eligible for
participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or o
future use is implied or expressed by compliance with this article.
(6) Disclaimer of Liability. This article shall not create liability on the part of the City Commission of the
City of Key Colony Beach or by any officer or employee thereof for any flood damage that results from
reliance on this article or any administrative decision lawfully made thereunder.
(Ord. No. 2018-456A, § 2, 1-10-19)
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Sec. 101-91. -Applicability. 0
(1) General. Where there is a conflict between a general requirement and a specific requirement, the N
specific requirement shall be applicable.
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(2) Areas to which this article applies. This article shall apply to all flood hazard areas within the City of U
Key Colony Beach, as established in Section 101-91(3)of this article.
(3) Basis for establishing flood hazard areas and Species Focus Areas and Real Estate Numbers.
LO
(a) The Flood Insurance Study for Monroe County, Florida and Incorporated Areas, dated February
18,2005, and all subsequent amendments and revisions, and the accompanying Flood Insurance 00
Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by
reference as a part of this article and shall serve as the minimum basis for establishing flood
hazard areas. Studies and maps that establish flood hazard areas are on file at City Hall, 600 LM
West Ocean Drive, Key Colony Beach, FL 33051.
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(b) The Species Focus Area Maps (SFAMs) and the real estate numbers of parcels (RE List) that
are within the SFAMs identified by the U.S. Fish and Wildlife Service in accordance with the
Biological Opinion, dated April 30, 2010, as amended, for the City of Key Colony Beach, and any
subsequent revisions there to, are hereby declared to be a part of this article. The SFAMs and 2
RE list are on file at the City Hall. U
(4) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and
base flood elevations, pursuant to Section 101-95 of this article the Floodplain Administrator may
require submission of additional data.Where field surveyed topography prepared by a Florida licensed
professional surveyor or digital topography accepted by the community indicates that ground
elevations:
(a) Are below the closest applicable base flood elevation, even in areas not delineated as a special N
flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to
the requirements of this article and, as applicable, the requirements of the Florida Building Code.
(b) Are above the closest applicable base flood elevation, the area shall be regulated as special E
flood hazard area unless the applicant obtains a Letter of Map Change that removes the area
from the special flood hazard area.
(5) Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state
or federal law.
(6) Abrogation and greater restrictions. This article supersedes any ordinance in effect for management
of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing
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ordinances including but not limited to, land development regulations, zoning ordinances, stormwater
management regulations, or the Florida Building Code. In the event of a conflict between this article
and any other ordinance, the more restrictive shall govern. This article shall not impair any deed
restriction, covenant or easement, but any land that is subject to such interests shall also be governed
by this article.
(7) Interpretation. In the interpretation and application of this article, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and o
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 2018-456A, § 2, 1-10-19)
U)
Sec. 101-92. - Duties and powers of the floodplain administrator.
(1) Designation. The Building Official is designated as the Floodplain Administrator. The Floodplain CL
Administrator may delegate performance of certain duties to other employees. 0
(2) General. The Floodplain Administrator is authorized and directed to administer and enforce the
provisions of this article.The Floodplain Administrator shall have the authority to render interpretations N
of this article consistent with the intent and purpose of this article and may establish policies and
procedures in order to clarify the application of its provisions. Such interpretations, policies, and
procedures shall not have the effect of waiving requirements specifically provided in this article without
the granting of a variance pursuant to Section 101-97 of this article.
(3) Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of
LO
the community, shall:
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(a) Review applications and plans to determine whether proposed new development will be located
in flood hazard areas; N
(b) Review applications for modification of any existing development in flood hazard areas forLM
compliance with the requirements of this article;
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(c) Interpret flood hazard area boundaries where such interpretation is necessary to determine the
exact location of boundaries; a person contesting the determination shall have the opportunity to
appeal the interpretation;
(d) Provide available flood elevation and flood hazard information; o
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(e) Determine whether additional flood hazard data shall be obtained from other sources or shall be
developed by an applicant;
V-
(f) Review applications to determine whether proposed development will be reasonably safe from
flooding;
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(g) Issue building permits for development other than buildings and structures that are subject to the
Florida Building Code, including buildings, structures and facilities exempt from the Florida N
Building Code, when compliance with this article is demonstrated, or disapprove the same in the
event of noncompliance; and
(h) Coordinate with and provide comments to the Building Official to assure that applications, plan
reviews, and inspections for buildings and structures in flood hazard areas comply with the
applicable provisions of this article.
(4) Substantial improvement and substantial damage determinations. For applications for building
permits to improve buildings and structures, including alterations, movement, enlargement,
replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial
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improvements, repairs of substantial damage, and any other improvement of or work on such buildings
and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal of the market value
prepared by a qualified independent appraiser, of the building or structure before the start of
construction of the proposed work; in the case of repair, the market value of the building or
structure shall be the market value before the damage occurred and before any repairs are made;
(b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-
damaged condition, or the combined costs of improvements and repairs, if applicable, to the
market value of the building or structure; o
(c) Determine and document whether the proposed work constitutes substantial improvement or
repair of substantial damage;the determination requires evaluation of previous permits issued for
improvements and repairs as specified in the definition of "substantial improvement" and for
proposed work to repair damage caused by flooding, the determination requires evaluation of
previous permits issued to repair flood-related damage as specified in the definition of"substantial
damage"; and
(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair CL
of substantial damage and that compliance with the flood-resistant construction requirements of o
the Florida Building Code and this article is required.
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(5) Modifications of the strict application of the requirements of the Florida Building Code. The Flood plain N
Administrator shall review requests submitted to the Building Official that seek approval to modify the
strict application of the flood load and flood-resistant construction requirements of the Florida Building
Code to determine whether such requests require the granting of a variance pursuant to Section 101-
97 of this article.
(6) Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for
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the issuance of all necessary notices or orders to ensure compliance with this article.
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(7) Inspections.The Floodplain Administrator shall make the required inspections as specified in SectionIt-
101-96 of this article for development that is not subject to the Florida Building Code, including N
buildings,structures and facilities exempt from the Florida Building Code.The Floodplain Administrator LM
shall inspect flood hazard areas to determine if development is undertaken without issuance of a
permit.
(8) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties,
including but not limited to:
0
(a) Establish, in coordination with the Building Official, procedures for administering and 0
documenting determinations of substantial improvement and substantial damage made pursuant U
to Section 101-92(4)of this article;
(b) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit
applications to submit to FEMA the data and information necessary to maintain the Flood
Insurance Rate Maps if the analyses propose to change base flood elevations or flood hazard
area boundaries; such submissions shall be made within 6 months of such data becoming
available; N
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(c) Review required design certifications and documentation of elevations specified by this article
4i
and the Florida Building Code to determine that such certifications and documentations are
complete;
(d) Notify the Federal Emergency Management Agency when the corporate boundaries of the City
of Key Colony Beach are modified; and
(e) Advise applicants for new buildings and structures, including substantial improvements, that are
located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier
Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-
591) that federal flood insurance is not available on such construction; areas subject to this
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limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System
Areas" and "Otherwise Protected Areas."
(9) Floodplain management records. Regardless of any limitation on the period required for retention of
public records, the Floodplain Administrator shall maintain and permanently keep and make available
for public inspection all records that are necessary for the administration of this article and the flood-
resistant construction requirements of the Florida Building Code, including Flood Insurance Rate
Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of
whether proposed work constitutes substantial improvement or repair of substantial damage; required
design certifications and documentation of elevations specified by the Florida Building Code and this o
article; documentation related to appeals and variances, including justification for issuance or denial;
and records of enforcement actions taken pursuant to this article and the flood-resistant construction
LU
requirements of the Florida Building Code. These records shall be available for public inspection at
City Hall, 600 West Ocean Drive, Key Colony Beach, FL 33051.
(Ord. No. 2018-456A, § 2, 1-10-19)
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Sec. 101-93. - Permits.
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(1) Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to
undertake any development activity within the scope of this article, including buildings, structures and N
facilities exempt from the Florida Building Code, which is wholly within or partially within any flood
hazard area shall first make application to the Floodplain Administrator, and the Building Official if
applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall U
be issued until compliance with the requirements of this article and all other applicable codes and
regulations has been satisfied.
(2) Building permits. Building permits shall be issued pursuant to this article for any development activities LO
not subject to the requirements of the Florida Building Code, including buildings, structures and 00
facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed a
development that includes a building or structure, the Floodplain Administrator may determine that a
building permit is required in addition to a building permit. LM
(3) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance Program(44 C.F.R.
Sections 59 and 60), building permits shall be required for the following buildings, structures and
facilities that are exempt from the Florida Building Code and any further exemptions provided by law,
which are subject to the requirements of this article: 2
(a) Railroads and ancillary facilities associated with the railroad.
(b) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(c) Temporary buildings or sheds used exclusively for construction purposes.
(d) Mobile or modular structures used as temporary offices.
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(e) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are N
directly involved in the generation, transmission, or distribution of electricity. It-
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(f) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida.As used in this paragraph, the term"chickee" means an open-sided wooden but that has
a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate
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any electrical, plumbing, or other non-wood features.
(g) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
constructed of granite, marble, or reinforced concrete.
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(h) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
(i) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code
if such structures are located in flood hazard areas established on Flood Insurance Rate Maps.
(4) Application for a permit or approval. To obtain a building permit the applicant shall first file an
application in writing on a form furnished by the community. The information provided shall:
(a) Identify and describe the development to be covered by the permit or approval.
(b) Describe the land on which the proposed development is to be conducted by legal description, o
street address or similar description that will readily identify and definitively locate the site.
(c) Indicate the use and occupancy for which the proposed development is intended.
(d) Be accompanied by a site plan or construction documents as specified in Section 101-95 of this
article.
(e) State the valuation of the proposed work.
(f) Be signed by the applicant or the applicant's authorized agent. CL
0
(g) Give such other data and information as required by the Floodplain Administrator. U-
(h) For projects proposing to enclose areas under elevated buildings, include signed Declaration of N
Land Restriction (Nonconversion Agreement); the agreement shall be recorded on the property
deed prior to issuance of the Certificate of Occupancy.
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(5) Validity of permit or approval. The issuance of a building permit pursuant to this article shall not be
construed to be a permit for, or approval of, any violation of this article, the Florida Building Codes, or
any other ordinance of this community. The issuance of permits based on submitted applications,
construction documents, and information shall not prevent the Floodplain Administrator from requiring LO
the correction of errors and omissions. 00
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(6) Expiration. A building permit shall become invalid unless the work authorized by such permit is N
commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned
for a period of 180 days after the work commences. Extensions for periods of not more than 180 days
each shall be requested in writing and justifiable cause shall be demonstrated.
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(7) Suspension orrevocation.The Floodplain Administrator is authorized to suspend or revoke a building
permit if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information,
or in violation of this article or any other ordinance, regulation or requirement of this community.
(8) Other permits required. Floodplain building permits and building permits shall include a condition that U
all other applicable state or federal permits be obtained before commencement of the permitted
development, including but not limited to the following:
(a) The South Florida Water Management District; section 373.036, F.S.
(b) Florida Department of Economic Opportunity, section 380.05, F.S., Areas of Critical State
Concern, and Chapter 553, Part IV, F.S., Florida Building Code.
(c) Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E-6, F.A.(3).
(d) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit;
section 161.055, F.S.
(e) Florida Department of Environmental Protection for activities that affect wetlands and alter
surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the
Clean Water Act.
(f) Federal permits and approvals.
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(Ord. No. 2018-456A, § 2, 1-10-19)
Sec. 101-94. - Protection of endangered species.
(1) Applications with Determination of Unsuitable Habitat. Upon receipt of a floodplain building permit
application for a property that is determined to be on the SFAMs and the RE list as containing
unsuitable habitat, the Floodplain Administrator shall place a letter in the floodplain building permit file
that indicates:
(a) The name of the city official that made the determination; o
(b) The date of the determination; and
(c) The date of the SFAM and RE list used to make the determination.
U)
Once the determination has been made, the City of Key Colony Beach may take action on the
floodplain building permit application without further concern for Federally threatened and
endangered species and their habitat.
CL
(2) Species Assessment Guides and Acceptance Form. The Species Assessment Guide for the City of o
Key Colony Beach provided by the U.S. Fish and Service (Service), dated November 2011, and any
subsequent revisions there to, is hereby declared to be a part of this article. The Species Assessment cv
Guide is on file at the City Hall.
(a) The City of Key Colony Beach shall use the Species Assessment Guide to determine whether U
the applicant for a floodplain building permit application must seek technical assistance by the U
Service. For applications that require such assistance,the City of Key Colony Beach shall provide
copies of the applications to the Service for review on a weekly basis.
(b) Based on the Service's technical assistance, the City of Key Colony Beach shall condition the LO
floodplain building permit to incorporate the Service's recommendations to avoid and/or to
00
minimize possible impacts on Federally listed threatened and endangered species and their
habitat. N
LM
(c) The City shall maintain an Acceptance Form of the Service's recommendations in the permit file.
The Acceptance Form shall be signed by the permit applicant and the building official.
(d) The City shall use the Species Assessment Guide (SAG) for properties that exist within the
boundaries of a completed Habitat Conservation Plan and which are subject to the SFAMs. The
Real Estate folio number list which accompanies the SFAMs will be utilized in combination to
determine if a building permit application must be provided to the Service for technical assistance 0
in order to meet the full requirements of the Endangered and Threatened sections of this section. U
(3) Avoiding Impacts on Federally Listed Species. All proposed development shall meet the conditions
attached to floodplain building permits in accordance with Section 101-94(b)to avoid possible impacts
to Federally threatened and endangered species and their habitat.
(Ord. No. 2018-456A, § 2, 1-10-19) X
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Sec. 101-95. -Site plans and construction documents. ;
(1) Information for development in flood hazard areas. The site plan or construction documents for any E
development subject to the requirements of this article shall be drawn to scale and shall include, as U
applicable to the proposed development:
(a) Delineation of flood hazard areas, flood zone(s), base flood elevation(s), and ground elevations
if necessary for review of the proposed development.
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(b) Location of the proposed activity and proposed structures, and locations of existing buildings and
structures; in coastal high hazard areas, new buildings shall be located landward of the reach of
mean high tide.
(c) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(d) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction
specifications; a description of the intended purpose of the fill areas; and evidence that the
proposed fill areas are the minimum necessary to achieve the intended purpose.
Z
(e) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration o
is approved by the Florida Department of Environmental Protection.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this article but that are not required to be prepared
by a registered design professional if it is found that the nature of the proposed development is such
that the review of such submissions is not necessary to ascertain compliance with this article.
(2) Additional analyses and certifications. For activities that propose to alter sand dunes or mangrove
stands in coastal high hazard areas (Zone V), an engineering analysis signed and sealed by a Florida
licenses engineer that demonstrates that the proposed alteration will not increase the potential for 0
flood damage shall be submitted with the site plan and construction documents.
(3) Submission of additional data. When additional hydrologic, hydraulic or other engineering data, N
studies, and additional analyses are submitted to support an application, the applicant has the right to
seek a Letter of Map Change from FEMA to change the base flood elevations or change boundaries
of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The
analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal
requirements and processing fees shall be the responsibility of the applicant.
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(Ord. No. 2018-456A, § 2, 1-10-19) 00
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Sec. 101-96. - Inspections.
(1) General. Development for which a building permit is required shall be subject to inspection.
(2) Development other than buildings and structures. The Floodplain Administrator shall inspect all
development to determine compliance with the requirements of this article and the conditions of issued
building permits. 0
0
(3) Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain U
Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code
to determine compliance with the requirements of this article and the conditions of issued building
permits.
(4) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection.
Upon placement of the lowest floor, including basement, and prior to further vertical construction, the
owner of a building, structure or facility exempt from the Florida Building Code, or the owner's W
authorized agent,shall submit to the Floodplain Administrator the certification of elevation of the lowest
floor prepared and sealed by a Florida licensed professional surveyor.
(5) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of
the final inspection,the owner or owner's authorized agent shall submit to the Floodplain Administrator
a final certification of elevation of the lowest floor or final documentation of the height of the lowest
floor above the highest adjacent grade; such certifications and documentations shall be prepared as
specified in Section 101-96(4)of this article.
(Ord. No. 2018-456A, § 2, 1-10-19)
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Sec. 101-97. -Variances and appeals.
(1) General; recommendations. The Planning and Zoning Committee Commission shall hear requests
for appeals and requests for variances from the strict application of this article and the flood-resistant
construction requirements of the Florida Building Code. Based on the provisions of this section, the
Planning and Zoning Committee shall make recommendations to the City Commission. Pursuant to
section 553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of the flood-resistant construction requirements of the
Florida Building Code.
0
(2) Appeals. The City Commission shall hear and decide appeals when it is alleged there is an error in
any requirement,decision,or determination made by the Floodplain Administrator in the administration
and enforcement of this article.Any person aggrieved by the decision may appeal such decision to the
Circuit Court, as provided by Florida Statutes. U)
(3) Limitations on authority to grant variances.The City Commission shall base its decisions on variances
on technical justifications submitted by applicants,the considerations for issuance in Section 101-97(6)
of this article,the conditions of issuance set forth in Section 101-97(7)of this article, and the comments
and recommendations of the Floodplain Administrator and the Building Official. The City Commission
has the right to attach such conditions as it deems necessary to further the purposes and objectives 0
of this article.
N
(4) Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation N
of a historic building that is determined eligible for the exception to the flood-resistant construction
requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a U
determination that the proposed repair, improvement, or rehabilitation will not preclude the building's
continued designation as a historic building and the variance is the minimum necessary to preserve
the historic character and design of the building. If the proposed work precludes the building's
continued designation as a historic building, a variance shall not be granted and the building and any LO
repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building 00
Code.
N
(5) Functionally dependent uses. A variance is authorized to be issued for the construction or substantial
improvement necessary for the conduct of a functionally dependent use, as defined in this article is
the minimum necessary considering the flood hazard, and all due consideration has been given to use
of methods and materials that minimize flood damage during occurrence of the base flood.
(6) Considerations for issuance of variances. In reviewing requests for variances, the City Commission
shall consider all technical evaluations,all relevant factors, all other applicable provisions of the Florida a
Building Code, this article, and the following: t0
(a) The danger that materials and debris may be swept onto other lands resulting in further injury or
damage;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed development, including contents, to flood damage and the
effect of such damage on current and future owners;
N
(d) The importance of the services provided by the proposed development to the community; N
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(e) The availability of alternate locations for the proposed development that are subject to lower risk
of flooding or erosion;
(f) The compatibility of the proposed development with existing and anticipated development;
(g) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(h) The safety of access to the property in times of flooding for ordinary and emergency vehicles;
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(i) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
Q) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water
systems, streets and bridges.
(7) Conditions for issuance of variances. Variances shall be issued only upon:
(a) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with any o
provision of this article or the required elevation standards;
(b) Determination by the City Commission that:
(i) Failure to grant the variance would result in exceptional hardship due to the physical I
characteristics of the land that render the lot undevelopable; increased costs to satisfy the
requirements or inconvenience do not constitute hardship;
(ii) The granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, nor create nuisances, cause fraud on or CL
victimization of the public or conflict with existing local laws and ordinances; and o
0
(iii) The variance is the minimum necessary, considering the flood hazard, to afford relief. cv
N
(c) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in
the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the
affected parcel of land; and U
(d) If the request is for a variance to allow construction of the lowest floor of a new building, or
substantial improvement of a building, below the required elevation, a copy in the record of a
written notice from the Floodplain Administrator to the applicant for the variance, specifying the LO
difference between the base flood elevation and the proposed elevation of the lowest floor,stating 00
that the cost of federal flood insurance will be commensurate with the increased risk resulting
from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance N
coverage), and stating that construction below the base flood elevation increases risks to life and LM
property.
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(Ord. No. 2018-456A, § 2, 1-10-19)
Sec. 101-98. -Violations. 0
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(1) Violations. Any development that is not within the scope of the Florida Building Code but that is
regulated by this article that is performed without an issued permit, that is in conflict with an issued
permit,or that does not fully comply with this article or the conditions established by grants of variance,
shall be deemed a violation of this article and punishable as a non-criminal violation. A building or
structure without the documentation of elevation of the lowest floor,other required design certifications,
or other evidence of compliance required by this article or the Florida Building Code is presumed to
be a violation until such time as that documentation is provided. N
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(2) Authority. For development that is not within the scope of the Florida Building Code but that is
regulated by this article and that is determined to be a violation, the Floodplain Administrator is
authorized to serve notices of violation or stop work orders to owners of the property involved, to the
owner's agent,or to the person or persons performing the work. Nothing herein contained shall prevent
the Floodplain Administrator from taking such other lawful actions as are necessary to prevent or
remedy any violation.
(3) Unlawful continuance;fine.Any person who shall continue any work after having been served with a
notice of violation or a stop work order, except such work as that person is directed to perform to
remove or remedy a violation or unsafe condition,shall be fined not more than$500.00,and in addition,
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shall pay all costs and expenses involved in the case. Each day such violation continues shall be
considered a separate offense.
(Ord. No. 2018-456A, § 2, 1-10-19)
Secs. 101-99, 101-100. - Reserved.
Sec. 101-101. - Buildings and structures.
0
Design and construction of buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to Section 101-93(3)of this article, buildings, structures, and facilities that are exempt from the LU
Florida Building Code, including substantial improvement or repair of substantial damage of such
buildings, structures and facilities, shall be designed and constructed in accordance with the flood load
and flood-resistant construction requirements of ASCE 24. Structures exempt from the Florida Building
Code that are not walled and roofed buildings shall comply with the requirements of Section 101-106 of
this article.
CL
(Ord. No. 2018-456A, § 2, 1-10-19) 0
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Sec. 101-102. -Subdivisions.
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(1) Minimum requirements. Subdivision proposals shall be reviewed to determine that: U
(a) Such proposals are consistent with the need to minimize flood damage and will be reasonably
safe from flooding;
LO
(b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems
are located and constructed to minimize or eliminate flood damage; and 00
(c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, N
adequate drainage paths shall be provided to guide floodwaters around and away from proposed
structures.
(2) Subdivision plats. Where any portion of proposed subdivisions lies within a flood hazard area, the
following shall be required:
(a) Delineation of flood hazard areas and flood zones, and design flood elevations, as appropriate,
shall be shown on preliminary plats; and 0
U
(b) Compliance with the site improvement and utilities requirements of Section 101-103 of this
article.
(Ord. No. 2018-456A, § 2, 1-10-19)
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Sec. 101-103. -Site improvements, utilities and limitations. LU
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(1) Minimum requirements. All proposed new development shall be reviewed to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and will be reasonably
safe from flooding;
(b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems
are located and constructed to minimize or eliminate flood damage; and
(c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from proposed
structures.
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(2) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage
treatment plants (including all pumping stations and collector systems), and on-site waste disposal
systems shall be designed in accordance with the standards for onsite sewage treatment and disposal
systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the
facilities and systems.
(3) Water supply facilities. All new and replacement water supply facilities shall be designed in
accordance with the water well construction standards in Chapter 62-532.500, F.A.(3) and ASCE 24
Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. o
(4) Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed to be
stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged
inundation, and protection against flood-related erosion and scour. In addition to these requirements,
if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of
the Florida Building Code.
(5) Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of
sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida
0.
Department of Environmental Protection and only if the engineering analysis required by Section 101- o
95(2) of this article demonstrates that the proposed alteration will not increase the potential for flood 2
damage. Construction or restoration of dunes under or around elevated buildings and structures shall cv
comply with Section 101-106(6)(c)of this article. CN
c�
(Ord. No. 2018-456A, § 2, 1-10-19) U
Sec. 101-104. - Manufactured homes and recreational vehicles.
LO
Installation of manufactured homes shall not be permitted. Recreational vehicles are permitted to be
00
stored but not occupied.
cN
(Ord. No. 2018-456A, § 2, 1-10-19)
Sec. 101-105. -Tanks.
(1) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of 2
the design flood, including the effects of buoyancy assuming the tank is empty. U
(2) Above ground tanks, not elevated. Above ground tanks that do not meet the elevation requirements
of Section 101-104(3)of this article shall:
(a) Be permitted in flood hazard areas (Zone A)other than coastal high hazard areas, provided the
tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral
movement resulting from hydrodynamic and hydrostatic loads during conditions of the design
flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne N
debris.
It-
(b) Not be permitted in coastal high hazard areas (Zone V).
(3) Above ground tanks, elevated. Above ground tanks in flood hazard areas shall be elevated to or
above the design flood elevation and attached to a supporting structure that is designed to prevent
flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting
structures shall meet the foundation requirements of the applicable flood hazard area.
(4) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
Page 12 of 14
Packet Pg.4671
S.4.m
Key Colony Beach
(a) At or above the design flood elevation or fitted with covers designed to prevent the inflow of
floodwater or outflow of the contents of the tanks during conditions of the design flood; and
(b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, during conditions of the design flood.
(Ord. No. 2018-456A, § 2, 1-10-19)
0
Sec. 101-106. -Other development.
0
(1) General requirements for other development. All development, including man-made changes to
improved or unimproved real estate for which specific provisions are not specified in this article or the
Florida Building Code, shall:
U)
(a) Be located and constructed to minimize flood damage;
(b) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads,
including the effects of buoyancy, during conditions of the design flood;
CL
(c) Be constructed of flood damage-resistant materials; and 0
(d) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the
requirements of ASCE 24, except that minimum electric service required to address life safety N
and electric code requirements is permitted below the design flood elevation provided it conforms
to the provisions of the electrical part of building code for wet locations.
U
(2) Detached accessory structures in coastal high hazard areas (Zone V). In coastal high hazard areas,
detached garages are not permitted. Detached accessory structures used only for storage that are
100 square feet or less in area are permitted below the base flood elevation provided the structures
LO
comply with Section 101-106(1)of this article.
00
(3) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,patios and similar
nonstructural uses in coastal high hazard areas(Zone V). In coastal high hazard areas, concrete slabs N
used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural
uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are
designed and constructed to be:
(a) Structurally independent of the foundation system of the building or structure;
(b) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing
significant damage to any structure; and
U
(c) Have a maximum slab thickness of not more than four (4) inches.
(4) Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida
T-
Building Code, in coastal high hazard areas decks and patios shall be located, designed, and
constructed in compliance with the following:
Z
(a) A deck that is structurally attached to a building or structure shall have the bottom of the lowest
horizontal structural member at or above the design flood elevation and any supporting members N
that extend below the design flood elevation shall comply with the foundation requirements that c-
apply to the building or structure, which shall be designed to accommodate any increased loads
resulting from the attached deck.
(b) A deck or patio that is located below the design flood elevation shall be structurally independent
from buildings or structures and their foundation systems, and shall be designed and constructed
either to remain intact and in place during design flood conditions or to break apart into small
pieces to minimize debris during flooding that is capable of causing structural damage to the
building or structure or to adjacent buildings and structures.
(c) A deck or patio that has a vertical thickness of more than twelve (12)inches or that is constructed
with more than the minimum amount of fill necessary for site drainage shall not be approved
Page 13 of 14
Packet Pg.4672
S.4.m
Key Colony Beach
unless an analysis prepared by a qualified registered design professional demonstrates no
harmful diversion of floodwaters or wave runup and wave reflection that would increase damage
to the building or structure or to adjacent buildings and structures.
(d) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural
grade or on nonstructural fill material that is similar to and compatible with local soils and is the
minimum amount necessary for site drainage may be approved without requiring analysis of the
impact on diversion of floodwaters or wave runup and wave reflection.
(5) Other development in coastal high hazard areas(Zone V). In coastal high hazard areas,development
activities other than buildings and structures shall be permitted only if also authorized by the o
appropriate federal, state or local authority; if located outside the footprint of, and not structurally
attached to, buildings and structures; and if analyses prepared by qualified registered design LU
professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to adjacent buildings and structures. Such other development activities
include, but are not limited to:
(a) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(b) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and CL
constructed to fail under flood conditions less than the design flood or otherwise function to avoid o
obstruction of floodwaters; and
N
(c) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.(3), as filled systems N
T-
or mound systems.
c�
(6) Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: U
(a) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for
landscaping and for drainage purposes under and around buildings.
LO
(b) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal
shall be permitted only if an analysis prepared by a qualified registered design professional00
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would N
increase damage to adjacent buildings and structures.
(c) Where authorized by the Florida Department of Environmental Protection or applicable local
approval, sand dune construction and restoration of sand dunes under or around elevated
buildings are permitted without additional engineering analysis or certification of the diversion of
floodwater or wave runup and wave reflection if the scale and location of the dune work is
consistent with local beach-dune morphology and the vertical clearance is maintained between
the top of the sand dune and the lowest horizontal structural member of the building. 0
U
(Ord. No. 2018-456A, § 2, 1-10-19)
x
LU
CN
cN
T_
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Page 14 of 14
Packet Pg.4673
Exhibit 12 S.4.n
s
RESOLUTION 193-2014
A RESOLUTION AMENDING EXHIBIT 1 OF RESOLUTION NO. 440-2011
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
APPROVING A 2014 IMPLEMENTATION PLAN FOR THE FLOOD
INSPECTION AND COMPLIANCE PROGRAM FOR SUBMITTAL TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA)
WHEREAS, the Board of County Commissioners (`BOCC") adopted Resolution No.
440-2011 on December 14, 2011, approving a revised remedial plan for submittal to the Federal
Emergency Management Administration (FEMA), to address a change made by the State of
Florida Legislature, adopted in House Bill 407; and,
WHEREAS, the "2011 Revised Implementation Plan for Monroe County Flood
Insurance Inspection and Compliance Program"was subsequently approved by FEMA; and, U
WHEREAS, On May 23, 2013 FEMA notified the County of its findings from a
Community Assistance Visit(CAV)performed in late February, 2013; and, "
WHEREAS, those findings indicated the Federal Pilot Inspection Procedure had
accomplished the submittal of 5,686 structures for inspection. Inspections were conducted on
2,888 downstairs enclosures of which 2,645 downstairs enclosures were found to be in
compliance and 469 downstairs enclosures were found to be not in compliance. Of the non-
compliant structures 40 were given a 1316 declaration letter, effectively terminating flood
insurance on those properties. There are 2,798 structures that still need to be inspected; of those
41 structures are currently scheduled for inspection. The County has been requested to identify
how the 2,798 structures that did not seek an inspection would be shifted to another program;
and
04
WHEREAS, On June 4, 2013 County staff met with FEMA officials in Washington DC
and FEMA and the County staff discussed and agreed to maintain the following 5 primary
programs under the Remedial Plan including:
1. Inspection on Transfer of Ownership (sale) Program — sellers are required to obtain
inspections prior to selling their homes so buyers are aware of any illegal as
improvements;
2. Maximum of 299 square feet storage enclosure below base flood elevation will be
permitted for new construction(originally implemented by the county in 2004); ILI
3. Certificate of Compliance Program—whereby a compliant structure can be awarded a
certificate demonstrating it is compliant based on the floodplain regulations in place
at the time it was constructed which is recorded in the County Land records to
indicate the structural improvements that are permitted at the site;
4. Existing floodplain Regulations in Chapter 122 of the Monroe County code will be
maintained or amended in the future to be compliant with Federal Regulations.
5. Inadvertent observation of illegal structures below base flood elevation in accordance "
with Florida Statute 553.79 Section 17 (a).
WHEREAS, On June 13, 2013 FEMA notified the County that the Pilot Inspection
Procedure (Title 44 of the Code of Federal Regulations, Section 59.30) for Monroe County
Packet Pg.4674
S.4.n
would conclude on July 1, 2013 and correspondingly requested the County continue to use all
existing compliance and code enforcement options available to them through the adopted flood
damage prevention ordinance (Chapter 122 of the Land Development Code) and the National
Flood Insurance Program (NFIP) regulations and those permitted in Florida Statutes Chapter
553.79 Section 17 (a) that limited local enforcement agencies from requiring an inspection of
any portion of a building, structure, or real property that is not directly impacted by the
construction being proposed, except and unless the proposed construction is:
1. A substantial improvement as defined in Florida Statutes Chapter 161.54 or as
defined in the Florida Building Code;
2. A change of occupancy as defined in the Florida Building Code;
e
3. A conversation from residential to nonresidential or mixed use pursuant to Florida
Statutes Chapter 553.507 (2) or as defined in the Florida Building Code; as
4. An historic building as defined in the Florida Building Code; and
5. Any violation that is inadvertently observed in plain view during the ordinary course
of an inspection conducted in accordance with the prohibition in Florida Statutes
Chapter 553.79 Section 17a.
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The BOCC hereby adopts Exhibit 1 attached hereto "2014 Implementation
Plan for Monroe County Flood Insurance Inspection and Compliance Program".
Section 2. The County Administrator is directed to expeditiously transmit this Resolution
and attached exhibit to the Region IV Office of FEMA.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of August, 2014.
04
CD
Mayor Sylvia Murphy Yes
Mayor Pro Tern Danny Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner David Rice Yes as
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA 04
04
04
� 1�-
� � BY
Mayor Sylvia Murphy as
E
�17 i, .`Amy Heavilin, Clerk
E COU OF
ATTORNEY
(Y1
Deputy Clerk
USA cKAVGER
ASSERT TTORNEY
01�
Packet Pg.4675
S.4.n
EXHIBIT 1
2014 IMPLEMENTATION PLAN FOR THE MONROE COUNTY
FLOOD INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program
Monroe County has 5 Flood Inspection Programs including:
1. Inspection on Transfer of Ownership (Sale) as
2. Limited Square Footage Below Base Flood Elevation (Maximum of 299 square feet)
3. Chapter 122 Land Development Code Floodplain Regulations, as may be amended from time to time to maintain
consistency with FEMA Federal Regulations and State of Florida Building Code Regulations
4. Certificate of Compliance Program
5. Inadvertent observation of illegal structures below base flood elevation in accordance with Florida Statute 553.79
CD
Section 17 (a) as
Actions to Ensure No New Additional Illegal Structures CL
The County through its County Growth Management Division will implement the following actions, consistent with the 00
Florida Statutes, to ensure that any new conflicts between the way structures were originally permitted and with the
floodplain regulations are resolved timely: 04
1) InsR=ion on Transfer of OwnershiR Program. Maintain the existing floodplain regulations and appropriate
sections of the County Code to require that any residential structure having a downstairs enclosure with an opaque
wall covering have a County compliance inspection prior to transfer of property (sale); and to provide that such
inspections required prior to the transfer of property can be conducted, at the discretion of the property owner, by
either the County staff or a registered architect or professional engineer. [The requirement for an inspection prior to CL
the transfer of property does not also require that the property be brought into compliance prior to transfer or,
subsequent to transfer. The sole intent of this inspection is to provide information for recording and monitoring
improvements to downstairs enclosures subject to the County's floodplain regulations. This inspection is not intended
to be used to identify or prosecute any other unpermitted improvements that are not subject to the floodplain
regulations.]
2) Limited Square Footage Below Base Flood Elevation (Maximum of 299 square feet) — implemented in
2004. The County floodpiain regulations and appropriate sections of the County Code require that any construction LL
that occurred after the implementation date in 2004, within unincorporated Monroe County, limit the amount of
04
square footage that can be used for storage to 299 square feet below base flood elevation.
3) Chapter 122 Land Development Code Floodplain Regulations, as may be amended from time to time to
maintain consistency with FEMA Federal Regulations and State of Florida Building Regulations. Maintain
the existing floodplain regulations to allow the expansion or structural alteration of the elevated portion of any
residential structure non-conforming with the floodplain regulations contingent upon the following conditions as -20
appropriate: a) the improvement is not substantial as defined under the floodplain regulations; b) a pre-permitting a
inspection is completed by the County to document the extent of the non-conformity; and, c) if within a"V"zone, the
submittal of a professional engineer's or registered architect's sealed certification that the non-conforming
improvements to the downstairs enclosure do not subject the elevated portion of the structure to increases structural
damage.
4) Certificate of Compliance Program. This program has been established to provide a proactive approach to
recognizing compliant structures within the County to assist buyers in real estate transactions. The process for the
program is found below:
N
a. Obtaining data from the Monroe County Property Appraiser which will identify all single family residences
which contain enclosures that are identified as living area on the ground floor. Once this data is captured,
technical staff will deduct all the parcels that have already received inspections via the pilot program, transfer
of ownership program, or the previously applicable inspection on building permit program, and been made
compliant.
b. The remaining property owners will be notified via mail that an inspection is required in order to verify
compliance with the Monroe County Floodplain Ordinance.
Page 1 of 2
Packet Pg.4676
S.4.n
c. Once the owners obtain this inspection, and are compliant, they will receive a Certificate of Compliance. This
is a proactive opportunity for property owners to receive evidence that they have a compliant structure which
will create a positive market condition. If an owner has a non-compliant structure, they will be notified of all
the required corrections to the enclosure to become compliant with the permit authorizing the construction,
OR the violation will be forwarded to the Code Compliance Department for prosecution.
d. Once a property is compliant, the County will provide a non-conversion agreement (with a corresponding
drawing attached) to be signed by the property owner and recorded by the county in the County land records -�
so buyers of properties understand what has been approved for areas below base flood elevation.
e. This non-conversion agreement will provide protection to future buyers through title work. Every two years
an updated potential ground floor enclosure list will be reviewed, and any changes to the Property Record that 0
indicate illegal construction below base flood elevation will go through the inspection process outlined above
again.
f. The County may also consider obtaining a list of all properties that have transferred ownership and any such
property that failed to obtain the required inspection will be contacted for inspection. U
g. New construction that contains any type of below base flood elevation enclosure, will be required to record a
"Notice of Non-Conversion"to the property, which should alleviate this problem in the future.
h. Conduct required inspections of downstairs enclosures as stipulated in Actions #1 - #3 above.
i. Continue to vigorously pursue code enforcement action for violation of the County floodplain regulations, for
properties developed after the Flood Insurance Rate Maps were implemented, through code enforcement and 00
the normal permitting process, including prosecution of owners of structures, where property tax records
and/or evidence from inspections provide probable cause of a violation. N
j. Request that FEMA provide the County with a "Submit to Rate" for any applications for new flood insurance
policies on previously uninsured properties with a possible violation, so that the County may pursue
compliance under code enforcement proceedings, or through a Section 1316 declaration.
k. Maintain existing floodplain regulations to only allow enclosing with opaque materials of downstairs enclosures
of 299 square feet or less in area.
I. Request the Monroe County Appraiser to provide the County Growth Management Division with an annual
update by residential property owner from the County property tax records of the changes in the habitable
floor area of downstairs enclosures, if feasible and practical.
m. Identify and compile for Monroe County's flood insurance inspection and compliance program a list of all
structures that fail to come into compliance and submit a quarterly progress report to FEMA beginning July,
2003.
n. Evaluate Monroe County's Flood Insurance Inspections and Compliance Program by July 1, 2012, and if
necessary, develop and implement further remedial actions with FEMA's approval, to ensure enforcement of LL
the County's floodplain regulations.
cN
5) Inadvertent observation of illegal structures below base flood elevation - Florida Statute 553.79 Section 17
M
(a)that limited local enforcement agencies from requiring an inspection of any portion of a building, structure, or real a
property that is not directly impacted by the construction being proposed, except and unless the proposed
construction is:
1. A substantial improvement as defined in Florida Statute 161.54 or as defined in the Florida Building Code;
2. A change of occupancy as defined in the Florida Building Code;
3. A conversion from residential to nonresidential or mixed use pursuant to Florida Statute 553.507 (2) or as U
defined in the Florida Building Code;
4. An historic building as defined in the Florida Building Code.
Any violation that is inadvertently observed in plain view during the ordinary course of an inspection conducted in
accordance with the prohibition in Section 17 of F.S. 553.79 may be issued a notice of violation for an illegal C
improvement.
The County Growth Management Division staff has the sufficient resources to implement the above program.
c�
Page 2 of 2
Packet Pg.4677
S.4.o
�.
3
.,w
5 MONROE COUNTY, FLORIDA
PLANNING COMMISSION
7 RESOLUTION NO. 1 -22
8
9 A RESOLUTION Y THE MONROE COUNTY PLANNING COMMISSION
1.0 RECOMMENDING APPROVAL OF AN ORDINANCE BY MON OE COUNTY
1.1 BOARD OF COUNTY COMMISSIONERS OP II Wdl"AD NTS TCD
1.2 MONROE COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 101-1, 0
13 DEFINITIONS; TO UPDATE FIJC ODPL IMANAGEMENT DEFINITIONS; TO
14 REPEAL AND REENACT CHAPTER 122 FLOODPLAIN MANAGEMENT; TO
15 ADOPT AN UPDATED CHAPTER 122 FLOODPLAIN MANAGEMENT TO BE
16 CONSISTENT ITH THE FLORIDA DIVISION OF EMERGENCY
C
1.7 MANAGEMENT, BUREAU OF MITIGATION, STATE TLC1uCIIIPLAII �
18 MANAGEMENT OF ICE'S MODEL FLOODPLAIN MANAGEMENT ORDINANCE
19 WHICH IS WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH �
20 THE FLOOD PROVISIONS O ISI S Ill THE Ie LO I BUILDING CODE, MEETING THE 0
21 NATIONAL "VOID INSURANCE PROGRAM ( 'FIP) REQUIREMENTS AND CN
CN
2 APPROVED BY TIIL FEDERAL EMERGENCY Y MANAGEMENT AGENCY IN 2013;
23 INCLUDING UDING ESIG TING A FLOODPLAIN ADMINISTRATOR, ADOPTING �
24 PROCEDURES D CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD
25 AREAS, AND FOR. OTHER PURPOSES; PROVIDING FOR SEVE A I I I
26 PROVIDING FOR APPLICABILITY; RO I 'I FOR E EAL OFCN
27 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL L TO THE STATE
28 LAND PLANNING AGENCY ND THE SECRETARY OF STATE; PROVIDING 0
29 FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
'
30 LAND DEVELOPMENT CODE; PROVIDING FOR F FEC"TIVE DATE. (2019-.31 093) CL
32 .. .... _ ._.._..... _.......... ..._ ..........
3
34 WHEREAS, Monroe County policies and regulations adopted in the Monroe County N
35 Comprehensive flan and land Development Code are to maintain public health, safety, and welfare of
36 the citizens of the Florida keys and to strengthen our local government capability to manage land use and
37 development; and
38
39 WHEREAS, the Legislature of the State of Florida has, in. Chapter 125 — County Government,
40 Florida Statutes,conferred upon local governments the authority to adopt regulations designed to promote
41 the public health, safety, and general welfare of its citizenry; and.
4
43 WHEREAS, the Florida.Legislature intends that local planning be a continuous process, and the
44 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update
45 comprehensive plans to reflect changes in local conditions; and
46
Resolution#P 10-22 Page 1 of 3
File:2019-09
Packet Pg.4678
S.4.o
I WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida Statutes,
2 Monroe County possesses the police powers to enact ordinances in order to protect the health, safety, and
3 welfare of the County's citizens; and
4
5 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
6 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
7 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
8 development; and
9
10 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
11 considered the proposed amendments at a regularly scheduled meeting held on February 22, 2022; and
12 0
13 WHEREAS,on March 23,2022, the Monroe County Planning Commission held a public hearing
14 for the purpose of considering the proposed amendment and provided for public comment; and
15
16 WHEREAS, the Planning Commission was presented with the following documents and other
17 information relevant to the request,which by reference is hereby incorporated as part of the record of said
18 hearing:
19 1. Staff report prepared by Emily Schemper, Senior Director of Planning & Environmental 0
20 Resources, dated March 10, 2022; -
21 2. Sworn testimony of Monroe County Planning &Environmental Resources Department staff; N
22 and
23 3. Advice and counsel of Peter Morris, Assistant County Attorney, and John Wolfe, Planning U
24 Commission Counsel; and
25
26 WHEREAS,based upon the information and documentation submitted,the Planning Commission N
27 makes the following Findings of Fact and Conclusions of Law:
28 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030 0
29 Monroe County Comprehensive Plan; and 0
30 2. The proposed amendment is consistent with the Principles for Guiding Development for the U
31 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
32 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
33 4. The proposed amendment is necessary due to new issues and the need for additional detail or T-
34 comprehensiveness, as required by Section 102-158 of the Monroe County Code. cN
35
36
37 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMNIISSION OF MONROE
38 COUNTY,FLORIDA, the Monroe County Planning Commission recommends approval to the Board of
39 County Commissioners of an amendment to the Monroe County Land Development Code Chapter 122
40 Floodplain Management.
41
42
43 THIS SPACE INTENTIONALLY LEFT BLANK
44 SIGNATURES ON FOLLOWING PAGE
45
46
Resolution#P 10-22 Page 2 of 3
File 2019-093 Packet Pg.4679
I PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, Florida,
2 at a regular meeting held on the 23'*d day of March, 2022.
3
4
5
6 Joe Scaipelli, Chair YES
7 Rom Dernes, Commissioner YES
8 George Neugent, Commissioner YES
9 David Ritz, Commissioner YES
1.0 William Wiatt, Commissioner YES 0
11
12 02
13 PLANNING COMMISSION OF MONROE COUNTY, FLORIDA 2
w
14
15 By— U)
16 40c Sc"arpelll',"thairt/
17
18 S' ned this day of 2022
19 r UE AGUILA 0
20 Not U-
21 NOTARY RJBJ�.. . , STATE OF FLORIDA CN
CN
22
23 Monroe County Planning Commission Attorney
U
24 A rov-d As To Form
25 FILEDWITIri THE
CN
26 C14
27 /�lIjn/h offe
CL
Date: 0
28 M AY 2 5 2D22
29
30 U
CL
AGENCawkY mid LEF�-]K
CN
E
Resolution#P 10-22 Pa—e 3 ol'3
File 20 19-093 Packet Pg.4680
S.4.p
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY as
11 COMMISSIONERS APPROVING AMENDMENTS TO THE MONROE 0
12 COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 101-1
13 DEFINITIONS; TO UPDATE FLOODPLAIN MANAGEMENT W
14 DEFINITIONS; TO REPEAL AND REENACT CHAPTER 122,
15 FLOODPLAIN MANAGEMENT; TO ADOPT AN UPDATED CHAPTER
16 122, FLOODPLAIN MANAGEMENT, TO BE CONSISTENT WITH THE
17 FLORIDA DIVISION OF EMERGENCY MANAGEMENT - BUREAU OF
18 MITIGATION - STATE FLOODPLAIN MANAGEMENT OFFICE'S
19 MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS 0
20 WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH CN
21 THE FLOOD PROVISIONS IN THE FLORIDA BUILDING CODE, CN
22 MEETING THE NATIONAL FLOOD INSURANCE PROGRAM
23 REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY U
24 MANAGEMENT AGENCY IN 2013; INCLUDING DESIGNATING A
25 FLOODPLAIN ADMINISTRATOR, ADOPTING PROCEDURES AND
26 CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND
27 FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY;
28 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
29 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
30 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
31 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
32 IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
33 PROVIDING FOR AN EFFECTIVE DATE.
34
35
36 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 0
37 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
38 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
39 manage land use and development; and
40
41 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
42 that the work of ordinance codification is an ongoing process that requires a continuing effort by
43 various County officials and staff, and it is the goal of the BOCC to ensure that Monroe County
44 Land Development Code Chapter 122 is kept current and of maximum use and clarity; and
45
46 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
47 Government, Florida Statutes,conferred upon local governments the authority to adopt regulations
Packet Pg.4681
S.4.p
I designed to promote the public health, safety, and general welfare of its citizenry; and
2
3 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
4 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
5 health, safety, and welfare of the County's citizens; and
6
7 WHEREAS, the Federal Emergency Management Agency has identified special flood
8 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
9 subject to periodic inundation which may result in loss of life and property, health and safety 0
10 hazards,disruption of commerce and governmental services, extraordinary public expenditures for 6
11 flood protection and relief, and impairment of the tax base, all of which adversely affect the public 0
12 health, safety and general welfare, and
13 W
14 WHEREAS, the Monroe County was accepted for participation in the National Flood
U)
15 Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners
16 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
17 and 60, necessary for such participation; and
18 'a
19 WHEREAS,the National Flood Insurance Program (NFIP)is a federally-subsidized flood 0
20 damage insurance program administered by the Federal Emergency Management Agency(FEMA) U-
N
21 enabling property owners in participating communities to purchase flood insurance in exchange V-
22 for the community's adoption of floodplain management regulations to reduce future flood
23 damages; and U
24
25 WHEREAS,the participating communities floodplain management regulations must meet
26 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
27 CFR Part 59 and Part 60); and
28
29 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
30 provide a mechanism for the uniform adoption, updating, amendment, interpretation and aCL
L
31 enforcement of a state building code, called the Florida Building Code; and
32
33 WHEREAS, the Florida Division of Emergency Management (DEM), Bureau of
34 Mitigation, State Floodplain Management Office developed a Model Floodplain Management
35 Ordinance for communities, written explicitly to rely on the flood provisions in the Florida
36 Building Code; and 0
37
38 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
39 meet or exceed the minimum NFIP requirements for buildings and structures; and
40
41 WHEREAS,the Federal Emergency Management Agency (FEMA) approved the State's
42 Model Floodplain Management Ordinance in 2013; and
43
44 WHEREAS, the Monroe County Board of County Commissioners has determined that it
45 is in the public interest to adopt the proposed floodplain management regulations that rely on and
46 are coordinated with the Florida Building Code; and
47
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I WHEREAS, in 1990 the National Wildlife Federation, Florida Wildlife Federation, and
2 the Defenders, of Wildlife filed suit against the FEMA, claiming FEMA was not consulting with
3 the U.S. Fish and Wildlife Service (FWS or Service) as required by the Endangered Species Act
4 in their administration of the NFIP in Monroe County, Florida; and
5
6 WHEREAS, in 1997 the Service completed a Biological Opinion (BO) for the effects of
7 the NFIP on Federally listed (threatened or endangered) species in the Florida Keys; and
8 WHEREAS,the 1997 BO found the NFIP jeopardized nine species in the Keys; and
9 0
10 WHEREAS, in 2003 the Service re-initiated consultation and amended the 1997 BO and as
11 concluded that the effect of the NFIP would result in jeopardy on eight of 10 species evaluated in 0
12 the BO; and
13 W
14 WHEREAS,in a second amended complaint in 2003 the plaintiffs filed suit against FEMA
U)
15 and the Service pursuant to the Endangered Species Act and the Administrative Procedures Act;
16 and
17
18 WHEREAS, on March 29, 2005 the United States District Court, Southern District of 'a
19 Florida(District Court) granted summary judgment in favor of the Plaintiffs which found that the 0
20 Service and FEMA violated the Endangered Species Act and the Administrative Procedures Act; N
21 and T-
22
23 WHEREAS, on September 9, 2005, the District Court entered an order enjoining FEMA U
24 from issuing flood insurance under the NFIP on any new residential or commercial developments
25 in suitable habitats of federally listed(threatened or endangered) species in the Keys; and
26
27 WHEREAS,the District Court also ordered the Service to submit a new BO by August 9,
28 2006 and the Service issued a new BO on August 8, 2006; and
29
30 WHEREAS, on April 1, 2008,the United States Court of Appeals for the Eleventh Circuit aCL
L
31 affirmed the District Court's rulings of March 29, 2005 and September 9, 2005; and
32
33 WHEREAS, on February 26, 2009,the District Court ordered the Service to submit a new
34 BO by March 31, 2010 and on March 28, 2010, the Court granted a 30 day extension of this
35 deadline; and
36 0
37 WHEREAS, on April 30, 2010, the Service published the revised BO for FEMA's
38 administration of the NFIP in Monroe County; and
39
c�
40 WHEREAS,the BO contains "Reasonable and Prudent Alternatives" (RPA's)that require
41 Monroe County and other participating communities in the Florida Keys to revise their Flood
42 Damage Prevention Ordinance(s) to reference and use the updated real estate list (referenced in
43 RPA paragraph 1)within 120 days of acceptance of this BO by the Court, and;
44
45 WHEREAS, on January 11, 2011, the District Court approved a Settlement Agreement
46 between the Plaintiffs and the Federal Defendants in which the Federal Defendants agreed to notify
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I the Court and the parties when Monroe County and the other "participating communities" in the
2 Florida Keys have: 1) revised their Flood Damage Prevention Ordinance(s); and 2) implemented
3 procedures to reference and use the updated real estate list and Species Focus Area Maps
4 (referenced in reasonable and prudent alternative ("RPA") paragraph 1) in compliance with
5 paragraphs 2, 3, 4, and 5 of the RP A; and
6
7 WHEREAS, on December 2, 2011, FEMA notified Monroe County that if the County did
8 not implement the RPA's by January 11, 2012, then Monroe County would have been placed on
9 probation on May 10,2012.1n response to the County's requested time extension,FEMA requested 0
10 and the Court granted an extension to June 30, 2012 for the ordinance revisions and permit referral 6
11 process implementation; and 0
12
13 WHEREAS,the County Attorney, outside counsel, and the Growth Management Director W
14 have advised the Board of County Commissioners that adoption of the RP A's;ordinance language;
U)
15 and originally drafted Species Assessment Guides (SAGS) suggested by the Federal agencies
16 would have resulted in increased exposure to the County for liability for inverse condemnation or
17 takings claims; and
18
19 WHEREAS, in May 2012, FEMA and the Service revised the SAGS to include provisions 0
20 that substantially reduce the County's potential exposure for liability for inverse condemnation or N
21 takings claims; and T-
22
23 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance U
24 015-2012, on June 20, 2012, amending Chapter 122 of the Land Development Code, creating
25 Section 122-8 to provide for the inclusion of FEMA and Service requirements, implementing a
26 "Permit Referral Process"for the review of all development that occurs within areas designated as
27 "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)" within unincorporated Monroe en
28 County; and
29
30 WHEREAS,in April 2013,the Service provided updated SAGS to the County and on July aCL
L
31 29, 2013, the Service notified FEMA of the updated SAGS for Monroe County; and
32
33 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
34 043-2013, ON October 16, 2013, amending Section 122-2(b)(3), the basis for establishing special
35 flood hazard maps, species assessment guides (SAGS) for the Permit Referral Process (PRP)
36 determinations,providing a new date for the revised Species Assessment Guides; and 0
37
38 WHEREAS, recognizing that where an extant legislatively approved law is repealed by a
39 subsequent legislative act that substantially reenacts that repealed extant law,the prior legislatively
40 approved law and the subsequent legislative act shall be regarded as one continuous law
41 uninterrupted in its operation,see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see also
42 Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
43 legislative intent and purpose of the BOCC, in relation to or in connection with subsequent
44 administrative and judicial construction, that all recodified or reenacted provisions of Monroe
45 County Land Development Code Chapter 122 shall be deemed to have been in operation
46 continuously from their original enactment whereas the additions or changes are treated as
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I amendments effective from the time they go into legal effect; and
2
3 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
4 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
5 and
6
7 WHEREAS, on March 23, 2022,the Monroe County Planning Commission held a public
8 hearing for the purpose of considering the proposed amendment and provided for public comment;
9 and
10 6
11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P10-22 0
12 recommending approval; and
13
14 WHEREAS,on November 11,2022,the Monroe County Board of County Commissioners
U)
15 held a public hearing to consider adoption of the proposed Monroe County Land Development text
16 amendment, considered the staff report, and provided for public comment and public participation
17 in accordance with the requirements of state law and the procedures adopted for public
18 participation in the planning process; and
19 2
20 WHEREAS, based upon the documentation submitted and information provided in the N
21 accompanying staff report, the Monroe County Board of County Commissioners makes the V-
22 following Conclusions of Law:
23 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the U
24 2030 Monroe County Comprehensive Plan; and
25 2. The proposed amendment is consistent with the Principles for Guiding Development
26 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
27 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
28 4. The proposed amendment is necessary due to new issues and the need for additional
29 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
30 Code. CL
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
33 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
34
35 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
36 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
37 herein.
38
39 Section 2. The text of the Monroe County Land Development Code is amended as shown
40 and stated herein.. Proposed Amendments are shown with deletions st+i ke t4-etlg4 and additions
41 are underlined.
42
43 Section 101-1. -Definitions.
44
45 The following words, terms and phrases, when used in this chapter, shall have the meanings
46 ascribed to them in this section, except where the context clearly indicates a different meaning:
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2
3
4 f floo ift ; eft year-.
5
6
7
8
9 high tides EW wind dr-iven water-is fniftifnized.
10
11 as
12 0
13 f^,,,,d—a ion walls, shed-walls, posts, o pilings, or- olti nfis �
14 * * * * * w
15
16
17 eenstmetion, e t to t e proposedwalls of., st,-,,etti-e �
18
19 CL
20 a
21
22 CN
23
25
26
27 Market value means the Price at which a property will change hands between a willing buyer
28 and a willing seller, neither Party being under compulsion to buy, sell, or otherwise transfer, and
29 both having reasonable knowledge of relevant facts. As used in this code,the term"market value"
30 refers to the market value of buildings and structures, excluding the land and other improvements
31 on the parcel. Market value may be established by a qualified certified independent appraiser,
32 Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax C.
33 assessment value adjusted by 20 percent(20%)to approximate market value. A uniform appraisal
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34 report prepared by a qualified certified independent apraiser submitted by the aplicant may be
35 used if the Floodplain Administrator considers such appraisal consistent with local construction
36 costs. A structure or building originally manufactured or built as a vehicle, shall exclusively be
37 appraised by utilizing the Kelley Blue Book or a NADA appraisal. Documentation of alleged local
38 construction costs submitted by a property owner to the Floodplain Administrator must be 0
39 submitted in the form of a sworn or attested affidavit that shall be based upon the personal
40 knowledge of the certifying affiant and must be notarized. Where an apraisal is not accepted
41 because it wears to be inconsistent with local construction costs, the applicant may request
42 review by an independent third-party apraiser duly authorized by the county. The cost of such
43 independent review shall be borne by the applicant. The reviewing appraiser shall determine if the
44 appraisal value reasonably reflects an apropriate market value of the structure. The reviewing
45 appraiser's determination must be in writing and shall be sworn or attested to by the affiant and
46 expressly provide that it is based on the certifying affiant's personal knowledge and must be
47 notarized. Professionals preparing appraisals, or appraisal reviews, shall be required to possess
48 certifications as state certified residential apraisers for Upraising one to four family residential
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I properties and state certified general appraisers for all other properties including commercial and
2 multi-residential. Neither an appraisal making an extraordinary assumption that a building or
3 structure was in good condition as of a date prior to a flood event nor a retrospective appraisal (an
4 appraisal done retrospectively based on a date prior to the flood event) shall be eligible for
5 consideration or relief. A building or structure that was never lawfully permitted in the first place
6 shall not be eligible for issuance of a permit or development approval.
7
8 _
9 National Geodetic Vertical Datum of 1929 (NGVD 29) is a vertical control, as corrected in
10 1929, used as a reference for establishing varying elevations wit4ir toe flee plai,,
a�
11
12 2
13 North American Vertical Datum of 1988 (NA VD 88) is the vertical control datum established 2
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14 in 1991 used as a reference for establishing _varying elevations.
elevations.
15 * * * * * U)
16
17 Special flood hazard area means the land subj ect to a one percent or greater chance of flooding
18 in any given year. c�
19
20 Substantial improvement means any repair, reconstruction or improvement of a structure, the 0
21 cost of which equals or exceeds 50 percent of the pre-destruction market value of the structure;as N
22 , either before the improvement or repair
23 is started, or if the structure has been damaged and is being restored, before the damage occurred.
24 For the purposes of this definition, substantial improvement is considered to occur when the first U
25 alteration of any wall, ceiling, floor or other structural part of the building commences,whether or
26 not that alteration affects the external dimension of the structure. The term does not, however,
27 include either:
28 (1) Any project for improvement of a structure to comply with existing state or local health,
29 sanitary or safety code specifications which are necessary solely to ensure safe living
30 conditions; or
31 (2) Any alteration of a structure listed on the National Register of Historic Places, the state C.
32 inventory of historic places, or any inventory of local historic places.
33LO
34
35
36
37
38
39
40
41 Watercourse means a channel, canal or streambed, either natural or manmade, which is
42 involved in the accommodation of water floes.
43
44
45 Chapter 122 FLOODPLAIN MANAGEMENT
46
47 ARTICLE I.—IN GENERAL
48
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I Sec. 122-1.— General.
2 (a) Title. These regulations shall be known as the Floodplain Manygement Ordinance of Monroe
3 County, hereinafter referred to as "this chapter."
4 (b) Scope. The provisions of this chapter shall apply to all development that is wholly within or
5 partially within any flood hazard area, including but not limited to the subdivision of land, filling,
6 grading, and other site improvements and utility installations, construction,alteration,remodeling,
7 enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
8 and facilities that are exempt from the Florida Building Code, placement, installation, or �
9 replacement of manufactured homes and manufactured buildings, installation or replacement of 0
10 tanks, placement of recreational vehicles, installation of swimming pools, and any other 6
11 development. 0
12 (c) Purpose and Intent. The purpose of this chapter shall be interpreted cumulatively with its
13 intent, and shall be taken into account, granted substantial weight, and guide all interpretations w
14 and constructions of this chapter. Monroe County is subject to flooding resulting in danger to
U)
15 life, loss of property, health and safety hazards, disruption of commerce and governmental
16 services, extraordinary public expenditures for flood protection and relief, and the impairment
17 of its tax base as an effect of flooding and flood events, all of which adversely affect the public
18 health, safety, and general welfare. The purpose of this chapter's adoption is to ensure the
19 continued availability of federal flood insurance, to comply with federally and state-imposed 0
20 regulatory requirements, and to protect the public health, safety, and general welfare, by U-
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21 minimizing flood-related losses in Monroe County. All interpretations of this chapter shall in T-
22 all proceedings and cases further,rather than impair, limit,restrict, or obstruct,the purposes of
23 this chapter. It is the intent of the Board of County Commissioners that the provisions of this U
24 chapter be strictly adhered to and enforced in order to maintain the County's eligibility for and Z:�
25 benefits of the National Flood Insurance Program. The purposes of this chapter and the flood
26 load and flood resistant construction requirements of the Florida BuildiLg Code and the
27 floodplain management requirements within Monroe County Code of Ordinances, Chapter 6 LO
28 Buildings and Construction, are to establish minimum requirements to safeguard the public
29 health, safety, and general welfare and to minimize public and private losses due to flooding
30 through regulation of development in flood hazard areas to: C.
31 (1) Minimize unnecessary disruption of commerce, access and public service during times of
32 flooding;
33 (2) Require the use of appropriate construction practices in order to prevent or minimize future
34 flood damage,
35 (3) Manage filling, grading dredging, mining,paving, excavation, drilling operations, storage
36 of equipment or materials, and other development which may increase flood damage or
37 erosion potential,
38 (4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
39 development on the natural and beneficial functions of the floodp lain,
40 (5) Minimize damage to public and private facilities and utilities,
41 (6) Help maintain a stable tax base by providing for the sound use and development of flood
42 hazard areas,
43 (7) Minimize the need for future expenditure of public funds for flood control projects and
44 response to and recovery from flood events,
45 (8) Ensure potential home buyers are notified that property is in a flood hazard area, and
46 (9) Meet the requirements of the National Flood Insurance Program for community_
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I participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
2 (d) Construction and Interpretation. In the interpretation and application of this chapter, all
3 provisions herein shall be considered as minimum requirements and shall not be deemed to
4 forfeit, waive, eliminate, limit, condition, qualify, or repeal any other powers granted to the
5 county pursuant to Florida law. This chapter, being necessary for the health, safety, and
6 welfare of the residents of and visitors to the county, shall be liberally construed to effect the
7 intent and purposes hereof, and interpretation and construction of this chapter shall be
8 construed in favor of Monroe County, and such construction and interpretation shall be
9 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and 0
10 on meal. 6
11 (e) Administrative Deference. The Board of County Commissioners legislatively finds that the 0
12 construction of this chapter by a county department or office charged with its administration,
13 interpretation, or enforcement shall be leery entitled to deference and great wei_hg t in
14 adversarial administrative proceedings, at trial, in bankruptcy, and on meal, and that such
15 administrative interpretations should not be modified or overturned by an administrative
16 hearing officer or court of competent jurisdiction unless clearly erroneous. If such
17 administrative staff interpretation is within the range of possible and reasonable
18 interpretations, it is not clearly erroneous and should be affirmed.
19 (f) Coordination with the Florida Buildin,- Code. This chapter is intended to be administered 0
20 and enforced in conjunction with the Florida Building Code. The flood load and flood CN
CN
21 resistant construction requirements of the Florida Building Code shall apply to all buildings
22 and structures that are wholly within or partially within any flood hazard area. Where cited
23 in this chapter, ASCE 24 refers to the edition of the standard that is referenced by the Florida u
24 Building Code. To the extent of any conflict between this chapter and the Florida Building Z:�
25 Code, the more restrictive is deemed to be controlling.
26 (2) Provisions to be Cumulative to Other County Ordinances and Regulations. This chapter
27 supersedes any ordinance or regulation in effect for management of development in flood
28 hazard areas, but otherwise is intended to be administered and enforced in conjunction with
29 and cumulative to any other county ordinances including but not limited to land development
30 regulations, zoning ordinances, stormwater management regulations, or the Florida Building
31 Code. This chapter does not revise or repeal any other existing_ c ounty ordinance or regulation
32 in any way_
33 (h) Internal Conflicts. Where there is a conflict between a general provision or requirement and
34 a specific provision or requirement in this chapter, the specific shall be applicable. To the
35 extent of any conflict between one provision or requirement and another provision or
36 requirement of this chapter, the more restrictive is deemed to be controlling. Where a more 0
37 restrictive _general provision or requirement conflicts with a less restrictive specific provision
38 or requirement, the more restrictive general requirement shall prevail.
39 (i)Effect of State and Federal Laws. If a state or federal law, whether existing at the time of this
40 chapter's effective date or enacted after its effective date, which is applicable to and limits,
41 prohibits, restricts, conditions, or qualifies the meaning, effectiveness, or operation any
42 provision or requirement herein, such provision or requirement of this chapter shall be
43 interpreted, administered, and enforced to the maximum extent permitted by law.
44 (j)Injunctive Relief. The County Attorney is authorized to seek affirmative or negative injunctive
45 relief authorizing or commanding compliance with this chapter through, including but not
46 limited to, cessation of a use, or removal of a building or structure or a part or portion thereof,
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I by motion for emergency,preliminary,or permanent injunction, including by ex parte motion,
2 or other forms of equitable relief, from a court of competent jurisdiction, upon presentation
3 of prima facie evidence of a violation of this chapter to such court.
4 (k) No Waiver or Estoppel. It being that Monroe County possesses discretion to enforce this
5 chapter, the county's delay or failure to enforce any provision contained in this chapter,
6 however long continued, shall not be deemed a waiver or estoppel of the right for the County
7 to enforce this chapter at any time thereafter.
8 (1) Severabili , . If any provision of this chapter, or any portion thereof, is held to be invalid or
9 unenforceable by any administrative hearing officer or court of competent jurisdiction, the 0
10 invalidity or unenforceability of such provision, or any portionthereof, shall neither limit nor 6
11 impair the operation, enforceability, or validity of any remaining portion(s) thereof, or of any 0
12 other provision of this chapter. All remaining portion(s)thereof and all other provisions of this
13 chapter shall continue unimpaired in full force and effect. w
14 (m) Warning. The degree of flood protection, activities, or work required by this chapter and the
U)
15 Florida Building Code, as amended by Monroe County, is considered the minimum necessary
16 and reasonable to accomplish the intent and purposes herein and is based upon scientific and
17 engineering_ considerations. Larger floods can and will occur. Flood heights and flood-related c�
18 impacts may be increased,intensified,or exacerbated by man-made or natural causes. This chapter
19 does not expressly provide or imply that land outside of mapped special flood hazard areas, or that 0
20 structures or uses authorized and permitted within such flood hazard areas, will be free from CN
CN
21 flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood
22 Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code
23 of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency _u
24 Management Agency,requiring Monroe County to revise this chapter and regulations to remain Z:�
25 eligible for participation in the National Flood Insurance Program and its benefits. No
26 guarantee of a vested right to a structure or use, existing use, or future use is implied or
27 expressed by any part of or compliance with this chapter.
28 (n) No Liability. This chapter shall not create liability on the part of the Board of County
29 Commissioners of Monroe County or any officer or employee thereof for any flood damage
30 allegedly arising out of, related to, or in connection with this chapter or any administrative
31 decision lawfully made thereunder. This chapter shall not be deemed to have waived, for the
32 county, or for its officers or employees, any sovereign governmental, or any other similar
33 defense, immunity, exemption, or protection against any suit, cause of action, demand, or
34 liabilily.
35
36 Sec. 122-2—Applicability.
37 (a) Applicability this chapter. Where there is a conflict between a general requirement and a
38 specific requirement, the specific requirement shall be applicable.
39 (b)Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within
40 the unincorporated areas of Monroe County, as established in section 122-2(c) of this chapter.
41 (c) Basis for establishing flood hazard areas, Species Focus Area Maps (SFAMs)with Focus
42 Area Buffers and Federally Protected Species Area Real Estate (RE) List; and Species
43 Assessment Guides (SAGs).
44 (1) The Flood Insurance Study for Monroe County dated February 18, 2005, and the
45 - accompanying Flood Insurance Rate Maps (FIRM), are adopted by reference as a part of
46 this chapter, shall be kept on file, available to the public, in the offices of the county
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I Building Department and shall serve as the minimum basis for establishing flood hazard
2 areas. Amendments and revisions by Letters of Map Change (LOMC) issued by FEMA
3 shall be retained by the County and utilized for implementing this chapter. Studies and
4 maps that establish flood hazard areas shall be kept on file at the offices of the county
5 Building Department.
6 (2)For implementation of the Permit Referral Process (PRP)in Section 122-12 of this chapter,
7 the following are adopted by reference as a part of this chapter:
8 a. Species focus area maps (SFAMs) with Species focus area buffers and species real
9 estate (RE) list. FEMA and the U.S. Fish and Wildlife Service (FWS) have provided 0
10 the species focus area maps (SFAMs) mailed to Monroe County and dated April 30, 6
11 2011, and a listing of real estate numbers of parcels (RE list)emailed to Monroe County 0
12 and dated November 18, 2011,that are within the SFAMs and that have been identified
13 by FWS. The SFAMs and the RE list that are within the SFAMs identified by the FWS w
14 in accordance with the biological opinion, dated April 30, 2010, as amended December
15 14, 2010, are hereby declared to be a part of this chapter. The SFAMs and RE list are
16 on file at the Monroe County Clerk's office and the Monroe County Growth
17 Management Division Office.
18 b. Species assessment guides (SAGS). FEMA and FWS provided the May 20, 2012,
19 species assessment guides des (SAGS) to Monroe County and Monroe County adopted 0
20 these SAGS on September 13, 2012. FEMA and the FWS provided revisions of the N
21 SAGs to Monroe County on July 29, 2013. Permits submitted after February 17, 2014,
22 the date of this ordinance shall be reviewed utilizing the July 29, 2013, FEMA/FWS
23 SAGs. These SAGS are declared to be a part of this chapter. The SAGS are on file at u
24 the Monroe County Clerk's office and the Monroe County Growth Management
25 Division Office.
a�
26 (d) Submission of additional data to establish flood hazard areas. To establish flood hazard
27 areas and base flood elevations, pursuant to section 122-13 of this chapter the Floodp lain
28 Administrator may require submission of additional data. Where field surveyed topography
29 prepared by a Florida licensed professional surveyor or digital_ topography accepted by the
30 Floodplain Administrator indicates that ground elevations: C.
31 (1) Are below the closest applicable base flood elevation, even in areas not delineated as a
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32 special flood hazard area on a FIRM, the area shall be considered as flood hazard area and
33 subject to the requirements of this chapter and, as applicable, the requirements of the
34 Florida Building Code.
35 (2) Are above the closest applicable base flood elevation,the area shall be regulated as special
36 flood hazard area unless the applicant obtains a Letter of Map Change that removes the 0
37 area from the special flood hazard area.
38 (e) Abrogation and greater restrictions. This chapter supersedes any ordinance in effect for
39 management of development in flood hazard areas. However, it is not intended to repeal or
40 abrogate any existing ordinances including but not limited to land development regulations,
41 zoning ordinances, stormwater management regulations, or the Florida Building Code. In the
42 event of a conflict between this chapter and any other ordinance, the more restrictive shall
43 og vern.
44 Sec. 122-3.—Definitions.
45 The following words,phrases and terms shall, for the exclusive purposes of this chapter only, have
46 the specific definitions and meanings shown in this section. Where such words,phrases and terms
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I are not defined in this chapter and are defined in the Florida Building Code, such words, phrases
2 and terms shall have the meanings ascribed to them in the Florida Building Code. Where such
3 words, phrases and terms are not defined in this chapter or the Florida Building Code, the County
4 shall utilize the adopted definitions within Chapter 101 of the Monroe County Land Development
5 Code. If the definitions of such words, phrases and terms are not within the Land Development
6 Code, the words,phrases and terms shall have ordinarily accepted meanings as its context and the
7 context of its provision and its provision's structural placement imply.
8
9 Accessory structure means a structure that is located on the same parcel or on a contiguous 0
10 parcel that is under the same ownership as the principal structure and the use of which is 6
11 subordinate to and incidental to the use of the principal structure. Accessory structures should 0
12 constitute a minimal initial investment, shall be limited to use for parking and storage and may
13 not be used for human habitation, and must be designed to have minimal flood damage w
14 potential. Examples of accessory structures are two- car detached garages (or smaller),
15 carports, storage sheds, and pole barns (does not include gazebos, pavilions, picnic shelter, or
16 a carport that is open on all sides).
17
18 Adiacent to contiguous native habitat means an area of native habitat sharing a boundary at
19 one or more points of intersection with other native habitat. For purposes of this land 0
20 development code, an intervening road, right-of-way or easement shall not destroy the CN
CN
21 adjacency of the habitat. However, U.S. 1, canals and open water shall constitute a break in
22 adjacency_
23 U
24 ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced
25 by the Florida Building Code. ASCE 24 is developed and published by the American Society
26 of Civil Engineers, Reston, VA.
27
28 Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given
29 year. The base flood is commonly referred to as the "100-year flood" or the"1-percent-annual
30 chance flood." CL
31
32 Base flood elevation (BFE) means the elevation of the base flood, including wave height,
33 relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
34 (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
35
36 Basement means the portion of a building having its floor subgrade (below ground level) on
37 all sides.
a�
38
39 Coastal A Zone means the area within a special flood hazard area, landward of a V zone or
40 landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the
41 principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not
42 riverine flooding.During the base flood conditions,the potential for breaking wave height shall
43 be greater than or equal to 1 1/z feet(457 mm). The inland limit of the coastal A zone is (a)the
44 Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority
45 having jjurisdiction.
46
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I Coastal high hazard area means a special flood hazard area extending from offshore to the
2 inland limit of a primary frontal dune along an open coast and any other area subject to high
3 velocity wave action from storms or seismic sources. Coastal high hazard areas are also
4 referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are
5 designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.
6
7 Design flood means the flood associated with the greater of the following two areas:
8 (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year,
9 or 0
10 (2) Area designated as a flood hazard area on the community's flood hazard map, or 6
11 otherwise leery designated. 0
12
13 Desio flood elevation means the elevation of the "design flood," including wave hei"ht w
14 relative to the datum specified on the community's legally designated flood hazard map. In
U)
15 areas designated as Zone AO, the design flood elevation shall be the elevation of the highest _
16 existing.grade of the building's perimeter plus the depth number(in feet) specified on the flood
17 hazard map. In areas designated as Zone AO where the depth number is not specified on the
18 map, the depth number shall be taken as being equal to 2 feet.
19 2
20 Development means any man-made change to improved or unimproved real estate, including CN
21 but not limited to, buildings or other structures, tanks, temporary structures, temporary or T-
22 permanent storage of equipment or materials, mining, dredging, filling, grading, paving,
23 excavations, drilling operations or any other land disturbing activities. u
24
25 Flood
proofiLig Certificate means the FEMA Floodproofing Certificate for Non-Residential
26 Structures form issued by FEMA for the collection of design information and elevations for
27 specific buildings in flood hazard areas. The FEMA Floodproofing Certificate is revised and
28 reissued periodically. Applicants and permittees shall use the edition current as of the date of
29 submission.
30
31 Elevation Certificate means the FEMA Elevation Certificate form issued by FEMA for the
32 collection of information and elevations for specific buildings in flood hazard areas. The
33 FEMA Elevation Certificate is revised and reissued periodically. Applicants and permittees
34 shall use the edition current as of the date of submission.
35
36 Elevated buildiLg means a nonbasement building that has its lowest elevated floor raised above
37 ground level by foundation walls, shear walls,posts,piers,pilings, or columns.
38
39 Enclosed area or enclosure means the portion of an elevated building below the lowest
40 elevated floor that is fully shut in by rigid walls and used solely for limited storage,parking or
41 building access.Enclosures shall not be constructed,modified,equipped, or used for habitation
42 or other purposes.
43
44 ExistiLg buildiLg and existing structure means any buildings and structures for which the"start
45 of construction" commenced before June 15, 1973.
46
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I Existing manufactured home park or subdivision means a manufactured home park or
2 subdivision for which the construction of facilities for servicing the lots on which the
3 manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
4 the construction of streets, and either final site grading or the pouring of concrete pads) is
5 completed before June 15, 1973.
6
7 Federal Emergencv Management Agency (FEMA) means the federal a_ _gency that, in addition
8 to carrying out other functions, administers the National Flood Insurance Program.
9 0
10 Flood or floodiLig means a general and temporary condition of partial or complete inundation 6
11 of normally dry land from: 0
12 (1) The overflow of inland or tidal waters.
13 (2) The unusual and rapid accumulation or runoff of surface waters from any source. w
14
U)
15 Flood damage-resistant materials means any construction material capable of withstanding
16 direct and prolonged contact with floodwaters without sustaining any damage that requires
17 more than cosmetic repair.
18 'a
19 Flood hazard area means the greater of the following two areas: 0
20 (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any CN
CN
21 year.
22 (2) The area designated as a flood hazard area on the community's flood hazard map, or
23 otherwise leery designated. _u
24
25 Flood Insurance Rate Map (FIRM) means the official map of the community on which the
26 Federal Emergency Management Agency has delineated both special flood hazard areas and
27 the risk premium zones applicable to the community.
28
29 Flood Insurance Study (FIS) means the official report provided by the Federal Emer_ gency
30 Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and aCL
L
31 Floodway Map (if applicable), the water surface elevations of the base flood, and suporting
Lo
32 technical data.
33
34 Floodplain Administrator means the office or position designated and charged with the
35 administration and enforcement of this chapter. The term"Floodplain Administrator" shall be
36 synonymous with the term the "Floodplain Manager." 0
37
38 Floodplain development order or permit or approval means an official document or certificate
39 issued by the community, or other evidence of approval or concurrence, which authorizes
40 performance of specific development activities that are located in flood hazard areas and that
41 are determined to be compliant with this chapter.
42
43 Florida Building Code (FBC) means the family of codes adopted by the Florida Building
44 Commission, including the: Florida Building Code, Building; Florida Building Code,
45 Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
46 Florida Building Code, PlumbiLig; Florida Building Code, Fuel Gas.
Packet Pg.4694
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1
2 Functionally dependent use means a use which cannot perform its intended purpose unless it
3 is located or carried out in close proximity to water, including only docking facilities, port
4 facilities that are necessary for the loading and unloading of cargo or passengers, and ship
5 building and ship repair facilities, the term does not include long-term storage or related
6 manufacturing facilities.
7
8 Highest adjacent ,grade means the highest natural elevation of the ground surface prior to
9 construction next to the proposed walls or foundation of a structure. 0
10 6
11 Historic structure means any structure that is determined eligible for the exception to the flood 0
12 hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
13 Buildings. For the purposes of this exception, a historic building is: w
14 (1) Listed or preliminarily determined to be eligible for listing in the National Register of
U)
15 Historic Places, or
16 (2) A contributing resource within a National Register of Historic Places listed district, or
17 (3) Designated as historic property under an official municipal, county, special district or
18 state designation, law, ordinance or resolution either individually or as a contributing
19 propey in a district, provided the local program making the designation is approved 2 rt
20 by the Department of the Interior; or CN
21 (4) Determined eligible by the Florida State Historic Preservation Officer for listing_ in the
22 National Register of Historic Places, either individually or as a contributing property
23 in a district. u
24
25 Illegal structure or use means a structure or use that is not a legal structure or legal use as
26 defined in this chapter.
27
28 Legal structure means a structure that was permitted under the floodplain regulations in effect
29 at the time construction commenced on the structure in its current configuration and received
30 a permit or final inspection or certificate of occupancy for the structure in its current
31 configuration.
32
33 Legal use means a use that was permitted by the floodplain regulations at the time the use
34 commenced on the property.
35
36 Limit ofModerate Wave Action means a line shown on FIRMS to indicate the inland limit of
37 the 1 1/2-foot(457 mm)breaking wave height during the base flood.
38
39 Limited storage means storage that is incidental and accessory to the principal structure. For
40 example, if the principal structure is a residence, storage should be limited to items such as
41 lawn and garden equipment, tires, and other low damage items that will not suffer flood
42 damage or can be conveniently moved to the elevated part of the building. Flood insurance
43 coverage for enclosures and contents below the base flood elevation is very limited.
44
45 Letter op Change (LOMC) means an official determination issued by FEMA that amends
46 or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Mai
Packet Pg.4695
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I Change include:
2 (1) Letter of Map Amendment (LOMA) means an amendment based on technical data
3 showing that hat a property was incorrectly included in a designated special flood hazard
4 area. A LOMA amends the current effective Flood Insurance Rate Map and establishes
5 that a specific property, portion of a property, or structure is not located in a special
6 flood hazard area.
7 (2) Letter of Myp Revision (LONIR) means a revision based on technical data that may
8 show changes to flood zones, flood elevations, special flood hazard area boundaries
9 and floodway delineations, and other planimetric features. 0
10 (3)Letter ofMap Revision Based on Fill(LONIR-F) means a determination that a structure as
11 or parcel of land has been elevated by fill above the base flood elevation and is,
12 therefore, no longer located within the special flood hazard area. In order to qualify
13 for this determination,the fill must have been permitted and placed in accordance with w
14 the community's floodplain management regulations.
15 (4) Conditional Letter oLyap Revision (CLOMR) means a formal review and comment as
a�
16 to whether a proposed flood protection project or other project complies with the
17 minimum NFIP requirements for such projects with respect to delineation of special
18 flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map
19 or Flood Insurance Study, upon submission and approval of certified as-built 0
20 documentation, a Letter of Map Revision may be issued by FEMA to revise the N
21 effective FIRM.
22
23 Li hg t-duty truck,defined in 40 C.F.R. 86.082-2,means any motor vehicle rated at 8,500 pounds u
24 Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or Z:�
25 less and which has a basic vehicle frontal area of 45 square feet or less, which is:
26 (1) Designed primarily for purposes of transportation of property or is a derivation of such
27 a vehicle, or
28 (2) Designed primarily for transportation of persons and has a capacity of more than 12
29 persons, or
30 (3) Available with special features enabling off-street or off-highway operation and use.
31
32 Lowest floor means the lowest floor of the lowest enclosed area of a building or structure,
33 including basement, but excluding any unfinished or flood-resistant enclosure, other than a
34 basement, usable solely for vehicle parking, building access or limited storage provided that
35 such enclosure is not built so as to render the structure in violation of the non-elevation
36 requirements of the Florida BuildiLg Code or ASCE 24.
37
38 MaLigrove stand means an assemblage of mangrove trees which are mostly low trees noted for
39 a copious development of interlacing adventitious roots above the ground and which contains
40 one or more of the following species: Black mangrove, red mangrove, white mangrove, and
41 buttonwood.
42
43 Manufactured home means a structure, transportable in one or more sections, which is eight
44 (8)feet or more in width and greater than four hundred(400) square feet, and which is built on
45 a permanent, integral chassis and is designed for use with or without a permanent foundation
46 when attached to the required utilities. The term "manufactured home" does not include a
Packet Pg.4696
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I "recreational vehicle" or"park trailer."
2
3 Manufactured home park or subdivision means a parcel(or Conti_ "ous parcels)of land divided
4 into two or more manufactured home lots for rent or sale.
5
6 Market value means the price at which a property will change hands or be transferred between
7 a willing buyer and a willing seller,neither party being under compulsion to buy,sell or transfer
8 and both having reasonable knowledge of relevant facts, which shall include imputing
9 constructive knowledge of controlling local, state, and federal laws and regulations. As used 0
10 in this chapter, the term "market value" refers to the market value of buildings and structures, 6
11 excluding the land and other improvements on the parcel. Market value may be established by 0
12 a qualified certified independent appraiser, Actual Cash Value (in-kind replacement cost
13 depreciated for age, wear and tear, neglect, and quality of construction), established by a w
14 qualified certified independent appraiser or tax assessment value adjusted by 20 percent(20%)
U)
15 to approximate market value. A uniform appraisal report prepared by a qualified certified
16 independent appraiser submitted by the applicant may be used if the Floodplain Administrator
17 considers such appraisal consistent with local construction costs. A structure or building
18 originally manufactured or built as a vehicle, shall exclusively be upraised by utilizing the 'a
19 Kelley Blue Book or a NADA appraisal. Documentation of alleged local construction costs 0
20 submitted by a property owner to the Floodplain Administrator must be submitted in the form U-
21 of a sworn or attested affidavit that shall be based upon the personal knowledge of the
22 certifying affiant and must be notarized. Where an appraisal is not accepted because it wears
23 to be inconsistent with local construction costs,the applicant may request review by a qualified u
24 certified independent third-party appraiser duly authorized by the county. The cost of such Z:�
25 independent review shall be borne by the applicant. The reviewing appraiser shall determine
26 if the appraisal value reasonably reflects an appropriate market value of the structure. The
27 reviewing appraiser's determination must be in a written document, shall be sworn or attested
28 to by the certifying affiant and expressly provide that it is based on the certifying affiant's
29 personal knowledge, and must be notarized. Professionals preparing appraisals or appraisal
30 reviews shall be required to possess certifications as state certified residential appraisers for C.
31 appraising one to four family residential properties and state certified general appraisers for all
32 other properties including commercial and multi-residential. Neither an appraisal making an
33 extraordinary assumption that a building or structure was in good condition as of a date prior
34 to a flood event nor a retrospective appraisal (an appraisal done retrospectively based on a date
35 prior to the flood event) shall be eligible for consideration or relief. A building or structure that
36 was never lawfully permitted in the first place shall not be eligible for issuance of a permit or
37 development approval.
38
39 New construction means, for the purposes of administration of this chapter and the flood
40 resistant construction requirements of the Florida BuildiLg Code, structures for which the
41 "start of construction" commenced on or after June 15, 1973. and includes any subsequent
42 improvements to such structures.
43
44 Nonconversion Agreement means a form provided by the Floodplain Administrator to be
45 signed by the owner and recorded on the property deed in Official Records of the Monroe
46 County Clerk of Court, for the owner to agree not to convert or modify in any manner that is
Packet Pg.4697
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I inconsistent with the terms of the building�permit and these regulations, enclosures below
2 elevated buildings, certain crawl/underfloor spaces, detached accessory structures, and
3 arg_ages.
4
5 Nonconforming structure means a structure or a portion of a structure below the base flood
6 elevation that is lawfully existing or permitted and is not fully conforming with the terms of
7 this chapter.
8
9 Notice to proceed means a written authorization by the Planning and Environmental Resources 0
10 Department and/or Building Department to the permittee authorizing permitted development 6
11 to begin. 0
12
13 Park trailer means a transportable unit which has a body width not exceeding fourteen (14) w
14 feet and which is built on a single chassis and is designed to provide seasonal or temporary
U)
15 living quarters when connected to utilities necessary for operation of installed fixtures and
16 appliances.
17
18 Recreational vehicle means a vehicle, including a park trailer, which is:
19 (1) Built on a single chassis, 0
20 (2) Four hundred (400) square feet or less when measured at the largest horizontal CN
21 projection, T-
22 (3) Designed to be self-propelled or permanently towable by a light duty truck, and
23 (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters primarily not for use as a permanent dwelling but as temporary living quarters u
24 for recreational, camping, travel, or seasonal use.
25
26 Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of
27 the beach.
28
29 Special flood hazard area means an area in the floodplain subject to a 1 percent or greater
eater
30 chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone aCL
L
31 A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V.
32
33 Start ofconstruction means the date of issuance of permits for new construction and substantial
34 improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
35 addition, placement, or other improvement is within 180 days of the date of the issuance. The
36 actual start of construction means either the first placement of permanent construction of a
37 building(including a manufactured home) on a site, such as the pouring of slab or footings,
38 the installation of piles, or the construction of columns. Permanent construction does not
39 include land preparation (such as clearing, grading, or filling), the installation of streets or
40 walkways, excavation for a basement,footings,piers,or foundations,the erection of temporary
41 forms or the installation of accessory buildings such as _garages or sheds not occupied as
42 dwelling units or not part of the main buildings. For a substantial improvement, the actual
43 "start of construction" means the first alteration of any wall, ceiling, floor or other structural
44 part of a building,whether or not that alteration affects the external dimensions of the building.
45
46 Substantial damyge means damage of any origin sustained by a building or structure whereby
Packet Pg.4698
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I the cost of restoring the building or structure to its before damaged (pre-damage") condition
2 would equal or exceed 50 percent of the market value of the building or structure before the
3 damage occurred. Structures that are determined to be substantially damaged are automatically
4 considered to be substantial improvements, regardless of the actual repair work performed. If
5 the cost necessary to fully repair the structure to its before damage (pre-damage") condition
6 is equal to or greater than 50 percent of the structure's market value before damages (Pre-
7 damage" market value), then the structure must be elevated (or flood proofed if it is non-
8 residential) to or above the required elevation and meet all other aplicable requirements of
9 the Florida Building Code and this chapter. Items that may be excluded from the cost to repair
10 are listed in the substantial improvement/substantial damage worksheet/checklist developed 6
11 by the County Floodplain Administrator(which shall be kept on file and available to the public 0
12 in the offices of the County Building Department) and, include but are not limited to, costs to
13 prepare plans and specifications, survey costs, and permit and inspection fees. Items that may w
14 also be excluded include costs to lawfully temporarily stabilize a building so that it's safe to
15 enter to evaluate and identify required repairs and lawful improvements to items outside the
16 building, such as the driveway, septic systems, wells, fencing, landscaping and detached
17 accessory structures.
18
19 Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addition, 2
20 or other improvement of a building or structure, including any improvement and any repair of CN
CN
21 damage sustained from any origin,the cost of which equals or exceeds 50 percent of the market
22 value of the building or structure before the improvement or repair is started. If the building or
23 structure has incurred "substantial damage," any repairs are considered a substantial u
24 improvement regardless of the actual repair work performed. The term does not, however, Z�-
25 include either:
a�
26 (1) Any project for lawful improvement of a building required to correct existing health,
27 sanitary, or safety code violations identified by the Building Official and that are the
28 minimum necessary to assure safe living conditions.
29 (2) Lawful minimum necessary repairs required to remedy health, safety,and sanitary code
30 deficiencies provided the Building Official, Fire Marshal, or Health Officer were prior
31 to such repairs' occurrence expressly informed of the existence and the extent of the
32 code deficiencies,the deficiencies were in existence prior to the occurrence of damage
33 or prior to the start of an improvement, and the deficiencies are not triggered solely by
34 the proposed improvements or repairs.
35 (3) Any alteration of a historic structure provided that the alteration will not preclude the
36 structure's continued designation as a historic structure.
37
38 Variance means a grant of relief from the requirements of this chapter, or the flood resistant
39 construction requirements of the Florida Building Code, which permits construction in a
40 manner that would not otherwise be permitted by this chapter or the Florida Building Code.
41
42 V-Zone and Coastal A Zone Construction Certification Form means the Monroe County V-
43 Zone and Coastal A Zone Construction Certification Form for New Construction &
44 Substantially Improved/Damaged Structures. Design calculations signed and sealed by the
45 design professional must be submitted with the Form, and include at a minimum, if aPplicable:
46 (1) Calculated velocity
47 (2) Hydrostatic load—buoyancy effects, lateral loads from standing water, slowly moving
Packet Pg.4699
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I water, and nonbreakin waves
2 (3) Breaking wave load
3 (4) Hydrodynamic load—from rapidly moving water, including breaking waves
4 (5) Debris impact load—from waterborne objects
5 (6) Estimation of scour
6 (7) Breakaway wall design and calculations
7 (8) Free of obstruction designground for ground slabs
8 (9) Free of obstruction design for accessory structures and pools.
9 0
10 Sec. 122-4— 122-9.—Reserved. as
11 0
12 ARTICLE IL —ADMINISTRATION
13
14 Sec. 122-10.—Duties and Powers of the Floodplain Administrator.
15 (a)Floodplain Administrator; designation. The Building Official is designated as the Floodplain
16 Administrator. The Floodplain Administrator may delegate performance of certain of his or
17 her duties to other employees.
18 (b) General authority. The Floodplain Administrator is authorized and directed to administer and
19 enforce the provisions of this chapter. The Floodplain Administrator shall have the authority 0
20 to render interpretations of this chapter consistent with the intent and purpose of this chapter N
21 and may approve and establish policies and procedures in order to clarify the qp plication of its N
22 provisions. The Floodplain Administrator is authorized to aprove tools, tables, and software
23 developed to render substantial damage or substantial improvement calculations, which are u
24 provided to the County by federal agencies including but not limited to FEMA and NOAA; Z:�
25 such approvals shall be construed as legislatively authorized and executive in nature. The
26 Floodplain Administrator shall be guided by the current editions of FEMA's technical bulletins
27 and other guidance publications, interpretative letters, and policy statements issued by FEMA
28 that are adopted by resolution by the Board of County Commissioners. Such interpretations,
29 policies, resolutions, and procedures shall not have the effect of waiving requirements
30 specifically provided in this chapter or the Florida BuildiLg Code without the granting of a
31 variance pursuant to section 122-17 of this chapter.
32 (c) Applications and permits. The Floodplain Administrator, in consultation with the Building
33 Official and in coordination with other pertinent offices of Monroe County, shall:
34 (1) Review aplications and plans to determine whether proposed new development will be
35 located in flood hazard areas;
36 (2) Review aplications for modification of any existing development in flood hazard areas 0
37 for compliance with the requirements of this chapter;
38 (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine
39 the exact location of boundaries; a person contesting the determination shall have the
40 opportunity to meal that interpretation;
41 (4) Provide available flood elevation and flood hazard information;
42 (5) Determine whether additional flood hazard data shall be obtained from other sources or
43 shall be developed by an applicant;
44 (6) Review aplications to determine whether proposed development will be reasonably safe
45 from flooding;
46 (7) Issue Foodplain development orders or permits for development other than buildings and
Packet Pg.4700
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I structures that are subject to the Florida Building Code, including buildings, structures and
2 facilities exempt from the Florida Building Code, when compliance with this chapter is
3 demonstrated, or disapprove the same in the event of noncompliance, and
4 (8) Coordinate with and provide comments to the Building Official to assure that aplications,
5 plan reviews, and inspections for buildings and structures in flood hazard areas comply
6 with the aplicable provisions of this chapter.
7 (d) Substantial improvement and substantial damage determinations. For applications for
8 building permits to improve buildings and structures, including alterations, movement, :
9 enlargement,replacement,repair, change of occupancy, additions,rehabilitations,renovations, 0
10 substantial improvements, repairs of substantial damage, and any other improvement of or 6
11 work on such buildings and structures, the Floodplain Administrator, in coordination with the 0
12 Building Official, shall:
13 (1) Develop a substantial improvement/substantial damage worksheet/checklist, consistent w
14 with guidance published by FEMA, to communicate to property owners, residents,
U)
15 contractors and design professionals, that includes, but is not limited to, affidavit
16 requirements, acceptable documentation of costs, identification of costs that may be
17 excluded from the cost of proposed improvements and repairs, and conditions relevant to
18 exclusion of costs in accordance with the definition of "substantial damage" and
19 "substantial improvement." 0
20 (2) Estimate the market value, or require the aplicant to obtain an apraisal of the market CN
CN
21 value prepared by a qualified certified independent appraiser, of the building or structure
22 before the start of construction of the proposed work, in the case of repair,the market value
23 of the building or structure shall be the market value before the damage occurred and before u
24 any repairs are made,
25 (3) Compare the cost to perform the improvement,the cost to repair a damaged building_ to o its
26 pre-damaged condition, or the combined costs of improvements and repairs, if aplicable05
27 to the market value of the building or structure,
28 (4) Determine and document whether the proposed work constitutes a substantial improvement
29 or the repair of substantial damage, _and
30 (5) Notify the aplicant if it is determined that the work constitutes a substantial improvement C.
31 or the repair of substantial damage and that compliance with the flood resistant construction
32 requirements of the Florida Building Code and this chapter is required.
33 (e) Modifications of the strict application of the requirements of the Florida Buildinz Code.
34 The Floodplain Administrator shall review requests submitted to the Building Official that seek
35 approval to modify the strict application of the flood load and flood resistant construction
36 requirements of the Florida Building Code to determine whether such requests require the 0
37 _granting of a variance pursuant to section 122-17 of this chapter.
38 (f) Notices and orders. The Floodplain Administrator shall coordinate with apropriate local
39 agencies for the issuance of all necessary notices or orders to ensure compliance with this
40 chapter.
41 (2)Inspections. The Floodplain Administrator shall make the required inspections as specified in
42 section 122-14 of this chapter for development that is not subject to the Florida Building Code,
43 including buildings, structures and facilities exempt from the Florida Building Code. The
44 Floodplain Administrator shall inspect flood hazard areas to determine if development is
45 undertaken without issuance of a Foodplain development permit.
Packet Pg.4701
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I (h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
2 other duties, including but not limited to:
3 (1) Establish, in coordination with and with the approval of the Building Official, Procedures
4 for administering and documenting determinations of substantial improvement and
5 substantial damage made pursuant to section 122-10(d) of this chapter;
6 (2) Require applicants who submit hydrologic and hydraulic engineering analyses to support
7 permit applications to submit to FEMA the data and information necessary to maintain the
8 Flood Insurance Rate Maps if the analyses propose to change base flood elevations, or
9 flood hazard area boundaries, such submissions shall be made within six (6)months of the 0
10 Floodplain Administrator's notice to the applicant to submit to FEMA the data and 6
11 information necessary to maintain the Flood Insurance Rate Maps. 0
12 (3) Review required design certifications and documentation of elevations (FEMA Elevation
13 Certificates)specified by this chapter and the Florida Building Code to determine that such w
14 certifications and documentations are complete,
15 (4) Notify the Federal Emergency _Management A _gency when the corporate boundaries ofManagement A _gency when the corporate boundaries of
16 Monroe County are modified, and
17 (5) Advise applicants for new buildings and structures, including substantial improvements,
18 that are located in any unit of the Coastal Barrier Resources System established by the
19 Coastal Barrier Resources Act(Pub. L. 97-348) and the Coastal Barrier Improvement Act 0
20 of 1990 (Pub. L. 101-591), that federal flood insurance is not available on such N
21 construction, areas subject to this limitation are identified on Flood Insurance Rate Maps
22 as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
23 (i) Floodplain management records. Regardless of any limitation on the period required for u
24 retention of public records,the Floodplain Administrator shall maintain and permanently keep Z:�
25 and make available for public inspection all records that are necessary for the administration
26 of this chapter and the flood resistant construction requirements of the Florida Building Code,
27 including, but not limited to, Flood Insurance Rate Maps, Letters of Map Change, records of
28 issuance of permits and denial of permits;determinations of whether proposed work constitutes
29 a substantial improvement or the repair of substantial damage, _required design certificationsre required design certifications
30 and documentation of elevations (FEMA Elevation Certificates) specified by the Florida C.
31 Building Code and this chapter; documentation related to appeals and variances, including
32 justification for issuance or denial, and records of enforcement actions taken pursuant to this
33 chapter and the flood resistant construction requirements of the Florida Building Code.
34
35 Sec. 122-11.—Permits.
36 (a) Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who
37 intends to undertake any development activity within the scope of this chapter, including
38 buildings, structures and facilities exempt from the Florida Building Code, which is wholly
39 within or partially within any flood hazard area shall first make application to the Floodplain
40 Administrator, and the Building Official if applicable, and shall obtain all the required
41 Foodplain development orders or permits. No such order or permit shall be issued until
42 compliance with the requirements of this chapter and all other applicable codes and regulations has
43 been satisfied.
44 (b) Floodplain development orders or permits. Floodplain development orders or permits shall be
45 issued pursuant to this chapter for any development activities not subj ect to the requirements of the
46 Florida Building Code, including buildings, structures and facilities exempt from the Florida
Packet Pg.4702
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I Building Code. Depending on the nature and extent of proposed development that includes a
2 building or structure, the Floodplain Administrator may determine that a floodplain development
3 order is required in addition to a buildingzpermit.
4 (c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to
5 the requirements of federal regulations for participation in the National Flood Insurance
6 Program (44 C.F.R. Sections 59 and 60), floodplain development orders or permits shall be
7 required for the following buildings, structures and facilities that are exempt from the Florida
8 Building Code and any further exemptions provided by law, which are subject to the
9 requirements of this chapter: 0
10 (1) Railroads and ancillary facilities associated with the railroad. 6
11 (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. 0
12 (3) Temporary buildings or sheds used exclusively for construction purposes.
13 (4) Mobile or modular structures used as temporary offices. w
14 (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
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15 are directly involved in the generation, transmission, or distribution of electricity.
16 (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe
17 of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but
18 that has a thatched roof of palm or palmetto or other traditional materials, and that does not 'a
19 incorporate any electrical,plumbing, or other non-wood features. 0
20 (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and N
21 assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
22 constructed of granite, marble, or reinforced concrete.
23 (8) Temporary housing providedby the Department of Corrections to any prisoner in the state u
24 correctional system.
25 (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
26 Building Code, if such structures are located in flood hazard areas established on Flood
27 Insurance Rate Maps.
28 (d) Application for a floodplain development order or permit. To obtain a floodplain
29 development order or permit the applicant shall first file an application in writing on a form
30 approved by the Building Official and furnished by the Building Department. The information
31 provided by the applicant shall accurately, at a minimum:
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32 (1) Identify and describe the scope of work and development to be covered by the order or
33 permit.
34 (2) Describe the land on which the proposed development is to be conducted by complete legal
35 description, street address or similar description that will readily identify and definitively
36 locate the site. 0
37 (3) Indicate the use and occupancy for which the proposed development is intended.
38 (4) Be accompanied by a site plan or construction documents as specified in section 122-13 of
39 this chapter.
40 (5) State the valuation of the proposed work.
41 (6) Be signed_ by the applicant or by the applicant's authorized a_ gent.
42 (7) Give such other data and information as required by the Floodplain Administrator.
43 (8) For projects proposing to enclose areas under elevated buildings, include signed
44 Nonconversion Agreement, the agreement shall be recorded on the property deed prior to
45 issuance of the Certificate of Occupancy
46 (e) Validity of floodplain development order or permit. The issuance of a floodplain
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I development order or permit pursuant to this chapter shall not be construed to be a permit for,
2 or approval of,any violation of this chapter,the Florida Building Code, or any other ordinance,
3 resolution or regulation of Monroe County. The issuance of permits based on submitted
4 applications, construction documents, and information shall not prevent the Floodplain
5 Administrator from requiring the correction of errors and omissions, or in the case of
6 incomplete documents or information, from requiring the supplementation of such prior
7 submitted documents or information with additional documentation or information.
8 (f) Expiration. A floodplain development order or permit shall automatically become invalid by
9 operation of law unless the work authorized by such permit is commenced within 180 days
10 after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days
11 after the work authorized by such permit commences. Extensions for periods of not more than 0
12 180 days each shall be requested in writing by the applicant and justifiable good cause shall be
13 demonstrated. "Good cause" means a"legally sufficient reason." w
14 (2) Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke
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15 a floodplain development order or permit if the order or permit was issued in error, if the order
16 or permit was issued on the basis of incorrect, inaccurate or incomplete information, if the
17 county Building Department determines that the application for such order or permit contained
18 false or misleading information or omitted information material and relevant to the county's
19 decision to issue said order or permit, if the application for such order or permit failed to 0
20 comply with a provision or requirement of this chapter, or if the order or permit was issued in CN
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21 violation of this chapter or any other ordinance, resolution, regulation or requirement of
22 Monroe County.
23 (h) Other permits required. Floodplain development permits and building permits shall include u
24 a condition that all other applicable state or federal approvals and permits must be obtained Z:�
25 before commencement of the county-permitted development, including but not limited to the
26 following:
27 (1) The South Florida Water Management District,pursuant to Section 373.036, F.S.
28 (2) Florida Department of Health for onsite sewage treatment and disposal systems, pursuant
29 to Section 381.0065, F.S. and Chapter 64E-6, F.A.C.
30 (3) Florida Department of Environmental Protection for activities subject to the Joint Coastal C.
31 Permit, pursuant to Section 161.055, F.S.
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32 (4) Florida Department of Environmental Protection for activities that affect wetlands and alter
33 surface water flows, in conjunction with the U.S. Army Corps of Engineers, pursuant to
34 Section 404 of the Clean Water Act.
35 (5) Federal permits and approvals.
36 (i) Other documentation required. A Nonconversion Agreement signed by the applicant, and 0
37 plans or drawings specified by the Floodplain Administrator, shall be recorded on the property
38 deed prior to issuance of Certificates of Occupancy or Certificates of Compliance for the
39 following:
40 (1) Enclosed areas below new and substantially improved elevated buildings.
41 (2) Enclosed areas below lateral additions.
42 (3) Enclosed areas below nonconforming buildings that are brought into compliance.
43 (4) Garages and detached accessory structures that are aPproved in accordance with the non-
44 elevation requirements of Section 122-25(d) and (e).
45
46 Sec. 122-12. -Inclusion of United State Federal Emmency Management A2ency and United
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I States Fish and Wildlife Service (FWS) required Permit Referral Process (PRP) in final
2 permit determinations for development.
3
4 (a)Purpose and intent. It is the purpose of this section 122-12 to implement regulations that will
5 assure, consistent with the 101h Amendment to the U.S. Constitution, state and county
6 regulations, proper record retention, coordination, and notification of FEMA and FWS
7 re_arding permit applications filed with or issued by Monroe County,inclusive of FEMA/FWS
8 requirements agreed to by the aplicant.
9 (b) Lands to which this section apply. See section 122-2(c)(2). 0
10 (c) Rules for interpreting SFAMs. The boundaries of the flood hazard areas shown on the FWS 6
11 SFAMs may be determined by scaling distances. Required interpretations of those maps for 0
12 precise locations of such boundaries shall be made by the county planning director or his/her
13 designee, in consultation with the building official. w
14 (d) Administration of development approval in species focus areas.
15 (1) SFAM review required. For parcels or lots shown within the SFAMs in which an
16 application for development permit has been made, if the SFAM indicates the parcel or lot
17 contains only unsuitable habitat for any of the following,species: Key Largo Cotton Mouse, c�
18 Key Largo woodrat, Key tree-cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key
19 deer, Schaus swallowtail butterfly, silver rice rate, and Stock Island tree snail, and the 0
20 parcel or lot is not listed on the RE list, the planning director or his/her designee shall CN
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21 provide for a notation in the development application permit files that indicates:
22 a. The name of the official that reviewed the development aplication for FWS
23 requirements,
24 b. The date of the review, and
25 c. The date of the SFAM and RE list used to conduct the review.
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26 Once the review has established that a parcel or lot contains unsuitable habitat, action may
27 be taken on the permit application for development by Monroe County staff.
28 (2) FWS technical assistance permit requirements. For parcels or lots shown within the
29 SFAMs in which an application for a permit for development has been made including 1)
30 expanding the footprint of a structure, and/or 2) expanding clearing in habitat (including C.
31 native vegetation removal), and/or 3) placement of fencing into Key deer habitat, if the
32 SFAM indicates the parcel or lot contains suitable habitat for any of the following species:
33 Key Largo Cotton Mouse,Key Largo wood rat,Key tree-cactus, Lower Keys marsh rabbit,
34 Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver rice rat, and/or Stock
35 Island tree snail, and the parcel or lot is listed on the RE list,the planning director or his/her
36 designee shall use the SAGS to determine whether a floodplain development permit
37 application requires:
38 a. Incorporation of FWS SAG requirements as conditions into the Monroe County_permit
39 and the county may issue the permit,pursuant to all applicable codes, or
40 b. If, according to the SAGS,the proposed development needs technical assistance by the
41 service, the county shall issue the permit in accordance with Chapter 2012-205, Laws
42 of Florida, indicating a notice to proceed must be obtained prior to any construction,
43 removal of vegetation, or commencement of development, with a condition that:
44 1. The aplicant seek and obtain technical assistance from the service, and
45 2. The applicant obtain, prior to the issuance of the notice to proceed, all aPplicable
46 state or federal permits or aprovals pursuant to section 122-11(h), and
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1 3. In accordance with the Florida Building Code and Monroe County section 6-
2 103(b), the permit shall expire after 180 days, and
3 4. If the permit expires, the applicant shall be required to reapply for the permit.
4 c. For a floodplain development permit aplication that requires the services' technical
5 assistance, Monroe County shall provide the application to the service weekly. Based
6 on the services technical assistance, the aplicant shall submit the FWS written
7 requirements to the county. If the applicant agrees to the FWS requirements, in writing,
8 Monroe County may then issue a notice to proceed that includes the technical assistance
9 requirements, provided by the federal a _gency to avoid possible impacts on federally avoid possible impacts on federally 0
10 listed(threatened or endangered) species, as conditions in the Monroe County_permit.
11 d. For a development permit application that requires mitigation and/or compensation for 0
12 adverse effects to native habitat, monetary compensation generated will be aplied to
13 restoration and/or purchase of native habitat. w
14 e. The county shall maintain an aplicant acceptance form, of the service requirements,
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15 in the permit file.
16 f. For purposes of this section the notice to proceed shall be written authorization from
17 the Monroe County Growth Management Division to the permittee that the permitted
18 development activities may begin.
19 g. If the parcel is within an area previously covered by a habitat conservation plan, and 0
20 where that habitat conservation plan has expired at the time of development permit CN
21 application, the county shall apply the permit referral process in this section, unless T-
22 mitigation was completed for the associated impacts.
23 h. If the property owner does not agree to the FWS technical assistance requirements to u
24 be included in the development permit as conditions, the county shall not issue the Z:�
25 notice to proceed and shall rescind the previously issued development permit.
26 i. For properties located in Key Largo wood rat, Key Largo cotton mouse, silver rice rat
27 and Lower Keys marsh rabbit habitat,property owners shall agree to execute and record
28 a covenant restriction in favor of Monroe County which prohibits free ranging cats.
29 This requirement alleviates direct and cumulative loss of species habitat which will not
30 negatively impact the total number of new residential permits that may be issued under
31 Species Assessment Guides (SAGS)
32 (3) Provision for flood hazard reduction and avoidiLg impacts on federally listed(threatened
33 or endangered) species enforcement. All proposed development shall meet the conditions
34 established on the floodplain development permit and/or notice to proceed,which includes
35 FWS technical assistance requirements included as conditions on the Monroe County
36 development permits, to avoid possible impacts on federally-listed species (threatened or 0
37 endangered)._ Violation of this section, including any development constructed not in
38 accordance with the FWS requirements, included as conditions on the Monroe County
39 development permit, derived through use of the SAGS or through technical assistance by
40 FWS,are hereby deemed to be violations of the County Code and may be enforced utilizing
41 the administrative enforcement procedures set forth in chapter 8, Monroe County Code of
42 Ordinances. Further, section 118-11 shall be utilized to require environmental restoration
43 standards.
44 (4) Permit issuance for previously tolled Rate ofGrowth Ordinance(ROGO)allocations,Non-
45 Residential Rate of Growth Ordinance (NROGO) allocations or building
46 permits/floodplain development
permits. Buildings permits and allocations have been tolled
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I under authority of Monroe County Resolutions 420-2005, 166-2006, 185-2007 and 219-
2 2008 and 282-2011 as a result of the injunction prohibiting FEMA from issuing flood
3 insurance policies under the National Flood Insurance Program which was imposed in the
4 case of Florida Key Deer et. al., v. Fugate et. al., 90-10037-CIV-Moore.
5 a. In order for those persons whose allocations or whose building permits were tolled to be
6 eligible for federal flood insurance and meet their obligations under the Federal
7 Endangered_ Species Act, the following_ is required:
8 1. Owners with allocations who do not need coordination with FWS after they are
9 processed through the permit referral process: 0
10 i. Have 180 days from the date of a county issued written notice to pick up their 6
11 building permits, 0
12 ii. Have 300 days from the date of a county issued written notice, if there is a
13 need to redesign an onsite wastewater treatment system, to receive a permit W
14 from the department of health(DOH) and pick up their building permits.
15 2. Owners with building permits who do not need coordination with FWS after they
16 are processed through the permit referral process:
17 i. Have 180 days from the date of a county issued written notice,to recommence
18 development and receive a passed inspection, or
19 ii. Have 300 days from the date of a county issued written notice, if there is a 0
20 need to redesign an onsite wastewater treatment system to receive a permit N
21 from the DOH, recommence development and receive a passed inspection. T-
22 (5) Permit issuance for Annual allocation awards from the Rate of Growth Ordinance
23 - (ROGO), Non-Residential Rate of Growth Ordinance (NROGO) allocations. Permit u
24 applications processed through the permit referral process that result in a "may affect Z:�
25 determination" for the proposed development through the application of the species
26 assessment guides which require the permittee to coordinate with FWS shall have a total
27 of 360 days from the date of a county issued written notice to conclude the required
28 coordination with FWS and pick up the building permit, and receive a notice to proceed
29 from Monroe County. This timeframe may be extended by the planning director if the
30 applicant can affirmatively demonstrate that he or she has timely and actively sought C.
31 coordination.
32 (6) Properties for which a permit has been issued and for which development has not
33 commenced will be required to be processed through _the permit referral process. Permitthe permit referral process. Permit
34 reviews that result in a "may affect determination" for the proposed development through
35 the application of the species assessment guides which require the permittee to coordinate
36 with FWS shall have a total of 360 days from the date of a county issued written notice to 0
37 conclude the required coordination with FWS, commence development and receive a
38 passed inspection from Monroe County. This timeframe may be extended by the planning
39 director if the applicant can affirmatively demonstrate that he has timely and actively
40 sought coordination.
41
42 Sec. 122-13.— Site plans and construction documents.
43 (a)Information for development in flood hazard areas. The site plan or construction documents
44 for any development subject to the requirements of this chapter shall be drawn to scale and
45 shall accurately include, as applicable to the proposed development:
46 (1) Identification and delineation of all flood hazard areas, flood zone(s), base flood
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I elevation(s), and ground elevations necessary for the County's review of the proposed
2 development.
3 (2) Where base flood elevations are not included on the FIRM or in the Flood Insurance Study,
4 they shall be established in accordance with section 122-13(b) of this chapter.
5 (3) Where the parcel on which the proposed development will take place will have more than
6 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM
7 or in the Flood Insurance Study, such elevations shall be established in accordance with
8 section 122-13(b)(1) of this chapter.
9 (4) Location of the proposed activity and proposed structures, and locations of existing 0
10 buildings and structures, locations of new buildings which shall be located landward of the 6
11 reach of mean hi_h tide. 0
12 (5) Location, and delineation and description of the extent, amount, and proposed final grades
13 of any filling, grading, or excavation. w
14 (6) Where the placement of fill is proposed, description of the amount, type, and source of fill
15 material, compaction specifications, a description of the intended purpose of the fill areas;
16 and competent substantial evidence that the proposed fill areas are the minimum necessary
17 to achieve the intended purpose.
18 (7) Delineation and description of the extent of any proposedalteration of sand dunes, dune
19 ridges, or mangrove stands,provided such alteration is approved by the Florida Department 0
20 of Environmental Protection. CN
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21 The Floodplain Administrator is authorized to waive the submission of site plans, construction
22 documents, and other data that are required by this chapter but that are not required to be
23 prepared by a registered and/or licensed design professional if it is found that the nature of the u
24 proposed development is such that the review of such submissions is not necessary to render a Z:�
25 determination of compliance with this chapter.
26 (b) Information in flood hazard areas without base flood elevations (approximate Zone A).
27 Where flood hazard areas are delineated on the FIRM and base flood elevation data have not 0.5
28 been provided, the Floodplain Administrator shall:
29 (1) Require the applicant to include accurate base flood elevation data prepared in accordance
30 with currently accepted engineering practices. C.
31 (2) Where the base flood elevation data are to be used to sUport a Letter of Map Chan_eg from
32 FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed
33 engineer in a format required by FEMA, and that it shall be the responsibility of the
34 applicant to satisfy the submittal requirements and pay the processing fees.
35 (c) Additional analyses and certifications. For activities that propose to alter sand dunes, dune
36 ridges, or mangrove stands in coastal high hazard areas (Zone V) and Coastal A Zone, an 0
37 engineering _analysis signed and sealed by a qualified Florida licensed engineer thatnalysis signed and sealed by a qualified Florida licensed engineer that
38 demonstrates that the proposed alteration will not increase the potential for flood damage shall
39 be submitted with the site plan and construction documents.
40 (d) Submission of additional data. When additional hydrologic, hydraulic or other engineering
41 data, studies, and additional analyses are submitted to support an application,the applicant has
42 the right to seek a Letter of Map Change from FEMA to change the base flood elevations or
43 change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA
44 for such purposes. The analyses shall be prepared by a qualified Florida licensed engineer in
45 a format required by FEMA. Submittal requirements and processing fees shall be the
46 responsibility of the applicant.
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1
2 Sec. 122-14.—Inspections.
3 (a) Inspections required. Development for which a foodplain development order or permit is
4 required shall be subject to county inspection.
5 (b) Development other than buildings and structures. The Floodplain Administrator shall
6 inspect all development to determine or confirm compliance with the requirements of this
7 chapter and the conditions of issued foodplain development orders or permits.
8 (c)Buildings,structures and facilities exempt from the Florida Buildin,-Code. The Floodplain :
9 Administrator shall inspect buildings, structures and facilities exempt from the Florida 0
10 Building Code to determine or confirm compliance with the requirements of this chapter and 6
11 the conditions of issued foodplain development orders or permits. 0
12 (d) Buildings, structures and facilities exempt from the Florida Buildin,- Code, lowest floor
13 inspection. Upon placement of the lowest floor, including basement, and prior to further W
14 vertical construction, the owner of a building, structure or facility exempt from the Florida
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15 Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
16 (1) If a design flood elevation was used to determine the required elevation of the lowest floor,
17 the FEMA Elevation Certificate prepared and sealed by a Florida licensed professional
18 surveyor, or 'a
19 (2) If the elevation used to determine the required elevation of the lowest floor was determined 0
20 in accordance with section 122-13(b) of this chapter,the accurate documentation of height CN
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21 of the lowest floor above highest adjacent grade, prepared by the owner or the owner's
22 authorized agent.
23 (e) Buildings, structures and facilities exempt from the Florida Buildin,- Code, final U
24 inspection. As part of the final inspection, the owner or the owner's authorized agent shall
25 submit to the Floodplain Administrator a final FEMA Elevation Certificate of the lowest floor
26 or final documentation of the height of the lowest floor above the highest adjacent grade, such
27 certifications and documentations shall be prepared as specified in section 122-14(d) of this 0.5
28 chapter.
29 (f) Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that
30 are installed or replaced in flood hazard areas to determine or confirm compliance with the aCL
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31 requirements of this chapter and the conditions of the issued permit. Upon placement of acu
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32 manufactured home, certification of the elevation of the lowest floor shall be submitted to the
33 Floodplain Administrator.
34
35 Sec. 122-15. — Required Inspections of Enclosed Areas Below Elevated Residential
36 Structures.
37 (a) Applicability. Prior to the transfer of ownership of any property occupied by an elevated
38 residential structure with a below base flood enclosed area for which construction of the
39 enclosed commenced on or after June 15, 1973, a county approved inspection of the below
40 base flood enclosure shall be conducted. No earlier than 180 days prior to the transfer of the
41 property, the seller or the prospective purchaser, with the seller's permission, shall have the
42 required inspection conducted. The intent of this inspection, which is strictly limited to
43 inspection of below base flood enclosures, is to identify for county records and purchasers any
44 nonconformities or illegal structures or uses.
45 (b) Inspections. Upon inspection request, the inspection required under this section shall be
46 conducted by an inspector from the Building Department. Fees for inspections conducted by
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I the Building Department shall be in accordance with the schedule established by resolution of
2 the BOCC for inspections conducted under the county's flood insurance inspection and
3 compliance program.
4 (c) Inspection procedures and forms. All inspections required under this section shall be
5 conducted in accordance with procedures and recorded on county forms approved by the
6 Floodplain Administrator.
7 (d) Inspection submittal requirements. The original inspection report, signed by the county
8 inspector, shall be maintained by the Building Department and a copy shall be submitted to the
9 seller, who has contacted the County, as provided above, and the purchaser, provided that the 0
10 purchaser has contacted the County as provided above no later than ten days prior to the closing 6
11 date for transfer of the subject property. 0
12 (e) Failure to comply with inspection submittal requirements. Should the inspection required
13 by this section not be completed, the seller and purchaser, if known, will be notified that the w
14 structure is in violation of this section. The purchaser and his or her successors and assigns
U)
15 may enforce the terms of this section in law or at equity. The purchaser may seek injunctive
16 relief against the seller in a court of competent jurisdiction to prevent a violation of or otherwise
17 in connection with a violation of this section. Attorney's fees and costs incurred in an action to
18 enforce these regulations may be awarded to a substantially_prevailing party at the discretion
19 of the court. A purchaser may seek and the court may award treble damages as an aggrieved 0
20 party. The sole intent of this inspection is to provide information for recording and monitoring CN
21 improvements to below base flood enclosures subject to the county's floodplain regulations CN
22 and in accordance with Monroe County Board of County Commission Resolution 440-201 l
23 which does not require that the property be brought into compliance prior to or subsequent to u
24 transfer. The purpose of this inspection is not to identify other types of unpermitted Z:�
25 improvements that are unrelated to the floodplain regulations in this chapter.
26 (f) Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted
27 improvements under the Pilot Inspection Pro _gram (under previous 44 CFR 59.30, repealed on
28 July 5, 2018 -FEMA terminated this program on June 28, 2013).
29 (g) If the results of the inspection identify illegal_ unpermitted improvements, the requirements of
30 the Florida Building Code applicable to enclosed areas below elevated buildings shall apply
31 when a building permitis sou _ght by an applicantby an pplicant.
32
33 Sec. 122-16.—Floodplain Certificate of Compliance Program.
34 (a) Generally. Any property owner is eligible to obtain a certificate of compliance if they have
35 obtained an inspection of an enclosure below base flood elevation by one of the following_
36 (1)FEMA Insurance Inspection Program, or 0
37 (2) Inspection at time of sale, or
38 (3) Voluntary inspection.
39 The below base flood enclosure must have been found in compliance with the Monroe
40 County floodplain regulations by Monroe County staff. Prior to obtaining the certificate,
41 the owner must record a nonconversion agreement in the Monroe County official land
42 records on a form to be provided by the county and approved by the Floodplain
43 Administrator. Properties that have received their inspections prior to implementation of
44 the certificate of compliance program may receive a certificate of compliance, however, a
45 re-inspection (with no fee) shall be necessary to ensure compliance has been maintained
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I and the owner must also record the nonconversion agreement, which must be recorded in
2 the Official Records of Monroe County.
3 (b) Outreach. Every two (2) years, the county will mail written notices to property owners, of
4 which the county is aware own a building or structure with below base flood elevation living
5 areas as follows:
6 (1)The county will obtain data from the Monroe County Property Appraiser Office which will
7 identify all single-family residences which contain enclosures that are identified as living
8 area on the ground floor. Once this data is captured, county technical staff will deduct all
9 the parcels that have already received inspections through the FEMA Insurance Inspection 0
10 Pilot Program, transfer of ownership program, or through the previously aplicable 6
11 inspection on buildingzpermit program, and been made compliant. 0
12 (2) The remaining property owners will be notified by regular mail that in order to receive a
13 certificate of compliance, a county inspection is required of any below base flood elevation w
14 structures, to verify compliance with the Monroe County floodplain regulations. Owners
15 will also be notified that noncompliant structures may be subject to code compliance
16 proceedings.
17 (3) If owners seek and obtain a certificate of compliance inspection, and the below base flood
18 enclosures are determined by the county to be compliant, the owners will receive a 'a
19 certificate of compliance as outlined in this section. This is a proactive opportunity for 0
20 property owners to receive evidence that they have a compliant structure which should, CN
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21 long term, create a positive real property market condition. If an owner has a noncompliant
22 structure, he or she will be notified of all the required corrective actions necessary for the
23 enclosure to become compliant and that county permits or approvals are required to
24 authorize lawful construction and/or development.
25 (c) Inspections. Inspections may be requested for a certificate of compliance according to this
26 section or Section 122-15 for Required Inspections of Residential Structures prior to transfer
27 of ownership.
28 (d)Compliant structures. The county will provide a certificate of compliance to property owners
29 with compliant below base flood enclosures after such property owners sign and record a
30 nonconversion agreement (with a corresponding drawing or site plan demonstrating the C.
31 permitted improvements allowed below base flood elevation attached to the agreement)in the
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32 Official Records of Monroe County. The nonconversion agreement shall be recorded in the
33 Monroe in the Official Records of Monroe County so that future purchasers of properties
34 understand what has been aproved by the county for areas below base flood elevation.
35 Property owners shall pay applicable recording fees.
ees.
36 (e) Noncompliant structures. The County Building Official shall refer any noncompliant 0
37 structures to the Code Compliance Department for enforcement through _appropriate
38 processes. Once compliance is achieved, if the below base flood enclosure has not been
39 completely removed, a Nonconversion Agreement executed by the owner shall be recorded
40 in the Official Records of Monroe County.
41 (f) New construction. Owners of New construction that contains any type of below base flood
42 enclosure, will be required to record a Nonconversion Agreement in the Official Records of
43 Monroe County indicating the he square footage permitted to be constructed below base flood
44 elevations, with an accurate corresponding drawing or site plan showing/demonstrating the
45 permitted improvements permitted, prior to receiving a certificate of occupancy_
46
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I Sec. 122-17. -Variances.
2 (a) Authority. The Division of Administrative Hearings (DOAH) shall hear and decide on
3 requests for variances from the application of the allegedlythis strict letter of this chapstrict letter of this chapter.Pursuant
4 to Section 553.73(5), F.S.,the DOAH shall hear and decide on requests for variances from the
5 application of the allegedlyresistant strict letter of the flood resistant construction letter of the flood resistant construction requirements of the
6 Florida Building Code. DOAH shall also hear and decide on requests for variances for at-grade
7 wet floodproofed accessory structures in A/AE Zones that are larger than 600 sq. ft. but not
8 larger than 1,000 sq. ft. in size.
9 (b) Variance procedures. 0
10 (1) An aplication for a variance from the provisions of this chapter for development in an 6
11 area of special flood hazard shall be filed with the Building Department at the time of 0
12 application for a building permit or foodplain development permit/order which seeks
13 approval of development that is not authorized under the allegedly _strict letter of this letter of this w
14 chapter or flood-resistant construction requirements of the Florida Building Code.
15 (2) Within ten (10) days of receipt of a complete and properly and timely filed application for
16 a variance from the allegedly strict letter of this chapter or of the flood-resistant
17 construction requirements of the Florida Building Code,the Floodplain Administrator and
18 the Building Official shall review the aplication, and submit a Report and
19 Recommendation to the DOAH. The variance applicant may file a written objection to the 0
20 Report and Recommendation within 30 calendar days of the date of filing of the Report CN
21 and Recommendation. T-
22 (3) The DOAH shall review the aplication and the Reports and Recommendations of the
23 Floodplain Administrator and the Building Official and may consider _granting the u
24 application for variance in accordance with this section.
25 (4) In resolving a variance application under this section, county Building, Planning _and
26 Environmental Resources, and Code Compliance department administrative staff
27 interpretations of the Monroe County Codes, of the Florida Building Code, and of Lo
28 applicable federal laws, rules, and regulations, are legally entitled to deference and great
29 weight, and such administrative interpretations should not be modified or overturned unless
30 clearly erroneous. If such administrative staff interpretation is within the range of possible C.
31 and reasonable interpretations, it is not clearly erroneous and should be affirmed.
32 (c) Limitations on authority to grant variances.
33 (1) The DOAH shall base its decisions on variances on technical justifications submitted by
34 applicants, the considerations for issuance in section 122-17(e) of this chapter, the
35 conditions of issuance set forth in section 122-17(g) of this chapter, and the Reports and
36 Recommendations of the Floodplain Administrator and the Building Official. Variances 0
37 for accessory structures in A/AE Zones shall be subject to the conditions in section 112-
38 17 .
39 (2)When the DOAH considers the propriety of _granting a variance,the following factors shall
40 not be considered material or relevant to the hearing officer's decision:
41 a. The physical disabilities or handicaps and health of the applicant or members of his
42 family,
43 b. The domestic difficulties of the applicant or members of his or her family,
44 c. The financial difficulty of the aplicant in complying with the Foodplain management
45 provisions of this chapter or the Florida Building Code,
46 d. The elevation of surrounding structures or buildings,
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I e. The alleged difficulty of marketing, advertising, or selling the property, building, or
2 structure,
3 f. Any alleged difficulty related to a codified law, rule, regulation, or matter of record,
4 which the applicant or members of his or her family, which he, she, or they were on
5 actual or constructive notice of prior to acquiring _the propertythe property, and could therefore have
6 been avoided, or which may be characterized as a self-created hardship, or
7 g. Non-unique or non-peculiar characteristics of the applicant's property, building, or
8 structure.
9 (3) The DOAH has the right to attach such conditions as it deems necessary to further the 0
10 purposes, intent, goals, and objectives of this chapter. 6
11 (d) Functionally dependent uses. A variance is authorized to be issued for the construction or 0
12 substantial improvement necessary for the conduct of a functionally dependent use, as defined
13 in this chapter, provided the variance is the minimum necessary considering the flood hazard w
14 and all due consideration has been given to use of methods and materials that minimize flood
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15 damage during occurrence of the base flood.
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16 (e) Considerations for issuance of variances. In reviewing requests for variances, the DOAH
17 shall consider all technical evaluations, all relevant factors, all other applicable provisions of
18 the Florida BuildiLg Code, this chapter, and the following_ 'a
19 (1) The danger that materials and/or debris may be swept onto other lands resulting in 0
20 additional or further injury, harm or damage, CN
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21 (2) The danger to life and/or property due to flooding or erosion damage,
22 (3) The susceptibility of the proposed development, including foreseeable contents thereof, to
23 flood injuries, harm, or damage and their effects on current and future owners or u
24 occupants;
25 (4) The importance of the services provided by the proposed development to the community;
26 (5) The availability of alternate locations for the proposed development that are either not
27 subject to flooding or erosion damage, for the proposed use, and the availability of Lo
28 alternate locations for the proposed development which are subject to lower risk of
29 flooding or erosion,
30 (6) The compatibility of the proposed development with existing and anticipated development, aCL
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31 public services, and infrastructure,
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32 (7) The relationship of the proposed development to the comprehensive plan and floodplain
33 management program for the area,
34 (8) The safety of access to the property in times of flooding for ordinary and emergency and
35 first-responder vehicles,
36 (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
37 the floodwaters and the effects of wave action, if applicable, expected at the site,
38 (10)The costs of providing governmental services during and after flood conditions, including
39 but limited to, debris removal and maintenance and repair of public utilities and facilities
40 such as (including but limited to) sewer, gas, electrical and water systems, streets and
41 bridges
42 (11)Whether granting the variance will result in increased public expenses, create a threat to
43 public health and safety, create a public nuisance, or cause fraud or victimization of the
44 public, and
45 (12)Whether _granting the variance will grant the applicant a special privilege denied to another
46 property owner.
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I (f) Conditions for issuance of a variance for accessory structures in A/AE Zones. Variances
2 shall be issued only upon:
3 (1) Submission by the applicant, providing _a legally leery sufficient description of the exceptional
4 hardship that the applicant would incur if a variance were not granted,
5 (2) Determination by the DOAH that the structure meets the definition of accessory structure,
6 for floodplain management purposes, and is used only for parking or storage and:
7 a. The request is for the construction or substantial improvement of an at-grade wet
8 floodproofed accessory structures that is larger than 600 sq. ft. but not larger than
9 1,000 sq. ft. in size. 0
10 b. Represents minimal investment and has low damage potential. 6
11 c. Are one story and have flood openings in accordance with Section R322.2 of the 0
12 Florida Building Code, Residential.
13 d. Are anchored to resist flotation, collapse or lateral movement resulting from flood w
14 loads.
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15 e. Have flood damage-resistant materials used below the base flood elevation plus one
16 1 foot.
17 f. Have mechanical, plumbing and electrical systems, including�plumbing fixtures,
18 elevated to or above the base flood elevation plus one (1) foot.
19 (2) Conditions for issuance of other variances. Variances shall be issued only upon: 0
20 (1) Submission by the applicant, of a showing of legally sufficient good cause that the unique U-
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21 characteristics of the size, configuration, or topography of the site limit compliance with
22 any provision of this chapter or the required elevation standards,
23 (2) Determination by the DOAH that: U
24 a. Failure to grant the requested variance would result in exceptional non-self-imposed Z�-
25 hardship due to the physical characteristics of the land that render the lot
26 undevelopable, increased costs to satisfy the requirements or inconvenience do not
27 constitute hardship,
28 b. The granting of a variance will not result in increased flood heights, additional threats
29 to public safety, extraordinary public expense, nor create nuisances, cause fraud on
30 or victimization of the public or conflict with existing local laws and ordinances, C.
31 c. The variance is the minimum necessary,considering the flood hazard,to afford relief,
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32 d. The granting of the requested variance will not result in worsening the expected
33 heights, velocity, duration, rate of rise, and debris and sediment transport of the
34 floodwaters and the effects of wave action, if applicable, expected at the site,
35 e. The granting anting of the requested variance will not result in increased risk of dangers _
36 enumerated under Section 122-17(e)(1)-(3), 0
37 f. The granting anting of the requested variance will not result in increased risk of injuries,
38 harm, or damage enumerated under Section 122-17(e)(8)-(11),
39 g. The _granting of the requested variance will not result in increased public expenses,
40 create a threat to public health and safety, create a public nuisance, or cause fraud or
41 victimization of the public,
42 h. The granting of the requested variance will not adversely affect the public service,
43 infrastructure, and public policy considerations enumerated under Section 122-
44 17e 6 .
45 (3) Receipt of a sworn or attested and notarized statement by the applicant that the variance, if
46 granted, shall be recorded in the Office of the Monroe County Clerk of the Court in such a
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I manner that it wears in the chain of title of the affected parcel of land; and
2 (4) If the request is for a variance to allow construction of the lowest floor of a new building
3 or substantial improvement of a building,below the required elevation,a copy in the record
4 of a written notice from the Floodplain Administrator to the applicant for the variance,
5 specifying the difference between the base flood elevation and the proposed elevation of
6 the lowest floor, stating that the cost of federal flood insurance will be commensurate with
7 the increased risk resulting from the reduced floor elevation (up to amounts as high as $25
8 for $100 of insurance coverage), and stating that construction below the base flood
9 elevation increases risks to life and property_ 0
10 (g)Appeal. An meal of a variance determination may be submitted pursuant to Section 122-19.
11 The failure to timely and properly file an meal under this section shall constitute an 0
12 irrevocable jurisdictional waiver of any rights to seek such a variance, for failure to exhaust
13 available administrative remedies.
14 U)
15 Sec. 122-19.—Appeals.
16 (a) Authority. The Division of Administrative Hearings (DOAH) shall have the authority to hear
17 and decide meals from final administrative actions regarding the floodplain management
18 provisions of this Land Development Code and the Florida BuildiLg Code. The BOCC retains
19 the authority to, in its exclusive discretion, appoint a hearing officer who does not work for -
20 DOAH. CN
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21 (b) Standard of Review. An meal under this section shall be considered an meal to an
22 administrative tribunal and shall not be a hearing de novo but shall be limited to appellate
23 review of the record created before the Building Official in his or her capacity as the Monroe
24 County Floodplain Administrator and as more fully set forth at subsection(e)(2)of this section.
25 The appellant shall be required to demonstrate that the Building Official's final administrative
26 decision is clearly erroneous, based upon clearly convincing record evidence (i.e., clear and
27 convincing standard of review). In resolving _an meal under this section, Monroe County
28 Building, Planning and Environmental Resources, and Code Compliance Department staff
29 interpretations of the Monroe County Comprehensive Plan, Monroe County ordinances,
30 resolutions, and of the Monroe County Code(s), are legally entitled to deference, and shall not
31 be overturned as long as said interpretation or application is in the range of permissibleof permissible
32 interpretations or applications.
33 (c) Initiation. A notice of meal (appeal) may be initiated by a real property owner who has
34 received a final, written administrative decision from the Monroe County Building Official in
35 his or her capacity as the Monroe County Floodplain Administrator regarding the floodplain
36 management provisions of this Land Development Code, or by a non-governmental natural or 0
37 legalperson who as a result of a final administrative decision of the Monroe County Building
38 Official in his or her capacity as the Monroe County Floodplain Administrator regarding the E
39 floodplain management provisions of this Land Development Code has suffered or will
40 resultantly suffer a special injury differing in kind from that suffered by the community at
41 large. For justiciability or standing purposes, the only interests covered by special injuries
42 under this section are interests expressly protectedby the Monroe County Comprehensive Plan
43 or health and safety interests. It shall be leery insufficient for justiciability or standing
44 purposes for an appellant to allege a special injury that is only different in degree from the
45 community at large and that is not different in kind from the community at large. Further, for
46 justiciability or standing purposes, an alleged special injury must exceed in degree the general
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I interest in a community good. For example, take the following two non-exhaustive scenarios:
2 A party's claim that a decision regarding the floodplain management provisions of this Code
3 adversely affects his, her, or its interest in preserving prope!U value(s) shall not be justiciable,
4 and a party's claim that a decision regarding the floodplain management provisions of this
5 Code adversely affects his, her, or its interest in environmental or natural resource protection
6 shall not be justiciable.
7 (d) Procedures. A notice of meal in the form prescribed and approved by the Building Official
8 and Floodplain Administrator must be filed with both the County Administrator and with the
9 Building Department within 30 calendar days of the final administrative action. Failure to file 0
10 such meal with both the County Administrator and the Building Department within 30 6
11 calendar days of the final administrative action shall constitute a waiver of any rights under 0
12 this section to meal final administrative actions regarding the floodplain management
13 provisions of this Land Development Code. Such waiver shall also constitute a waiver of any w
14 rights to meal a separate but related decision of the Building Official or Planning Director on
15 the basis of the Building Official's separate but related final administrative decision that was
16 never properly and timely appealed under this section.
17 (1) The notice of meal must be notarized and must include the names and addresses of the
18 Upellant(s), development permit Uplicant(s) forming a party to the meal, the number
19 associated with each development permit formin _g a subject of the appeal, and the names subject of the meal, and the names 0
20 of all owners of real property located adjacent or contiguous to the parcel of real property U-
21 to which the appealed final administrative decision principally relates. T-
22 (2) Upon receipt of a notice of meal, the County shall deem it complete, and properly and
23 timely filed, or shall deem it improperly or untimely filed, or incomplete. The County shall u
24 within 15 working days notify an Appellant if its notice of meal is untimely or improperly Z�-
25 filed or is incomplete. No further action shall be taken on the notice of meal application
26 unless the deficiencies are remedied. An untimely, improperly filed, or incomplete notice
27 of meal shall not constitute a valid, leery effective, or leery cognizable notice of .
28 appeal under this section, and in no event shall the 30-day jurisdictional period to file a
29 notice of meal under this section be tolled during any period in which a notice of meal
30 has been deemed improperly filed or incomplete. Any days following the issuance of the
31 final administrative decision and the filing of a notice of meal that the County later
32 notifies the applicant is incomplete or improperly filed, shall be subtracted from the 30-
33 day period by which an appellant must file a complete notice of meal. For example, take
34 the following non-exhaustive scenario: The final administrative decision is issued on
35 Wednesday, January lst, 2020, the appellant files an incomplete notice of meal on
36 Wednesday, January 22nd, 2020, and the County notifies the appellant that the notice of 0
37 appeal is incomplete on Monday,January 27th,2020. Between January 1 sf and January 22na
38 the appellant has consumed 21 of its 30 calendar days to file a timely and complete notice
39 of meal, the days required by the County to notify the appellant of the notice of meal's
40 incompleteness shall not be counted against the 30-day period by which the appellant must
41 properly file a complete notice of meal. As of January 27th the date of the County's
42 notification to the appellant that the notice of meal is incomplete)the appellant shall have
43 nine days remaining(until February 5th, 2020)to properly file a complete notice of meal.
44 If the appellant does not properly file a complete notice of meal by February 5th, it would
45 constitute a waiver of any rights to meal under this section.
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1 (3) If the County determines the notice of meal is complete, and properly and timely filed, it
2 shall notify the appellant(s), and, at the appellant's expense, notify the development permit
3 applicant's) and the owners of real property located adjacent and contiguous to the parcel
4 of real property to which the challenged administrative decision principally relates. Once
5 the County determines that a notice of meal has been properly and timely filed, and is
6 complete,the County shall refer the meal to DOAH with a request that an administrative
7 law judge "hearing officer") be assigned to conduct an meal hearing. The request shall
8 be accompanied by a copy of the petition and a copy of the notice of County action. The
9 notice of meal will be forwarded to the BOCC. 0
10 (e) Effect of filing an appeal. 6
11 (1) Stay. The filing of a notice of meal shall stay all permit activity and any proceedings _in
12 furtherance of the administrative decision appealed unless the Building Official certifies in
13 writing to the assigned hearing officer, with a copy to the appellants) and development w
14 applicant's)forming a party to the meal,that a stay poses an imminent peril to life, safety,
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15 health or property, in which case the meal shall not stay further permit activity or
16 proceedings in furtherance of the administrative decision appealed. The hearing officer
17 may, upon proper and timely motion, review such certification.
18 (2) The Record. The appellant's, and the appellant-as-applicant's, record shall close upon the
19 date of the final administrative decision from the Building Official in his or her capacity as 0
20 the Monroe County Floodplain Administrator. The County shall have 70 calendar days U-
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21 from the date the appellant's notice of meal is deemed properly and timely filed,
22 completed, and complete, in which to serve all parties and file with DOAH all staff reports
23 and materials the final administrative decision relies upon. U
24 (f) Briefs. Briefs shall be typed or printed pursuant to the same rules for appellate briefs set forth
25 in the Florida Rules of Appellate Procedure. The Appellant(s)Initial Brief shall be served upon
26 the attorney of record for Monroe County and filed with DOAH within 30 calendar days of
27 notification of acceptance of such notarized notice of meal. The Answer Brief shall be served LO
28 upon Appellant(s) and filed with DOAH within 30 calendar days of the filing and service of
29 the Initial Brief. A Reply Brief must be served upon the attorney of record for Monroe County
30 and filed with DOAH within 15 days of the filing and service of the Answer Brief. C.
31 (1)All filed briefs shall contain the followin&
32 a. The style of the meal;
33 b. The case number, if any,
34 c. The name of the party on whose behalf the brief is filed,
35 d. The name, address, e-mail address, and telephone number of the person filing _the
36 brief; 0
37 e. The electronic or non-electronic signature of the person filing the brief, and
38 f. A certificate of service that copies have been furnished to all other parties to the
39 appeal.
40 (2)All initial briefs shall contain the following:
41 a. A statement of all disputed issues of material fact. If there are none, the initial brief
42 must so indicate,
43 b. A concise statement of the ultimate facts alleged, including the specific facts the
44 appellant contends warrant reversal of the Building Official's final administrative
45 action, and
46 c. An exhaustive statement of all specific local Code sections, ordinances, state statutes,
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I or administrative rules the appellant contends require reversal of the Building
2 Official's final administrative action, including an explanation of how the alleged
3 facts relate to said Code sections, ordinances, state statutes, or administrative rules.
4 (g)Judicial Notice. A hearing officer shall take judicial notice of any matter set forth below when
5 a party properly motions for it and gives each adverse party timely written notice of the request,
6 proof of which is filed with the hearing officer, to enable the adverse party to prepare to meet
7 the request and furnishes the court with sufficient information to enable it to take judicial notice
8 of the matter.
9 (1) Specifically identified(by pinpoint citation)duly enacted ordinances and resolutions of the 0
10 Monroe County Board of County Commissioners. 6
11 (2) Specifically identified (by pinpoint citation) provisions of the Monroe County Code of 0
12 Ordinances and Monroe County Land Development Code.
13 (3) Specifically identified (by pinpoint citation) objectives, policies, and provisions of the w
14 Monroe County Comprehensive Plan.
15 (4) Specifically identified (by pinpoint citation) rovisions in the Florida Building Code.
16 (5) Specifically identified (by pinpoint citation) public statutory law and resolutions of the
17 Florida Legislature and the Congress of the United States.
18 (6) Specifically identified legislative staff reports and legislative materials prepared in
19 connection with slip laws corresponding _to public statutory law of the Florida Legislature public statutory law of the Florida Legislature 0
20 and the Congress of the United States. CN
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21 (7) Specifically identified (by pinpoint citation) rules or regulations in the Code of Federal
22 Regulations.
23 (8) Specifically identified (by pinpoint citation) rules or regulations in the Florida u
24 Administrative Code.
25 Pursuant to the same requirements set forth in this subsection, a hearing officer may take
26 judicial notice of the following matters: Facts that are not subject to dispute because they are
27 capable of accurate and ready determination by resort to sources whose accuracy cannot be
28 questioned.
29 (h)Computing Time. In computing the jurisdictional period of time an appellant must file a notice
30 of meal under subsection(c)of this section,the day the final administrative decision is issued
31 shall be included. In computing any other period of time under this section, the day of the act
32 from which the period of time begins to run shall not be included. The last day of the period
33 shall be included unless it is a Saturday, Sunday, or legal holiday as that term is defined at
34 Florida Rule of Judicial Administration 2.514(a)(6), in which event the period continues to run
35 until the next day that is not a Saturday, Sunday, or legal holiday as that term is defined at
36 Florida Rule of Judicial Administration 2.514(a)(6). 0
37 (i) Service and Hearing. The hearing officer shall set the time and place for the meal hearing
38 and shall serve written notice on all parties at their electronic address of record. If an
39 unrepresented party has no electronic address of record, such written notice shall be sent to the
40 pagy's street address of record. The hearing officer before whom an appeal is pending may
41 issue any orders necessary to prevent delay, and to promote the just, speedy, and inexpensive
42 determination of all aspects of the meal.
43 (i) Post-Hearing Submittals. Upon request of the hearing officer, parties may submit written
44 proposed final orders within a time designated by the hearing officer
45 (k) Discovery. No discovery shall be taken in an meal under this section. No subpoenas may be
46 issued for documents or witnesses under this section. No testimony shall be taken in an meal
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I under this section. An argument, issue, or ground for relief not raised in an initial brief is
2 deemed abandoned and waived and may not be raised for the first time in a reply brief.
3
4 Sec. 122-20.—Violations.
5 (a)Violations. Any development that is not within the scope of the Florida Building Code but that
6 is regulated by this chapter which is performed without an issued Count permit, that is non-
7 compliant or in conflict with an issued permit, or that does not strictly and fully comply with
8 this chapter, constitutes a violation of this chapter. A building or structure without competent
9 documentation of the elevation of the lowest floor (FEMA Elevation Certificate), other 0
10 required design certifications, or other competent substantial evidence of compliance required 6
11 by this chapter or the Florida Building Code constitutes a violation thereof until such time as 0
12 that documentation is provided. It being that violation of this chapter providing for floodplain
13 regulations presents a serious threat to the public health, safety, and welfare, a violation of this w
14 chapter is and shall be held to be irreparable or irreversible in nature.
15 (b)Authority. For development that is not within the scope of the Florida BuildinZ Code but that
16 is regulated by this chapter and which is determined to be a violation of this chapter, the
17 Floodplain Administrator or his or her designee(s) is authorized to serve notices of violation,
18 notices of hearing, cease and desist orders, or stop work orders to persons including but not
19 limited to the owners of the property involved, to the property owner's agent, to tenants, 0
20 residents, or guests at the property involved, or to the person or persons performing or CN
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21 facilitating the performance of the work. The Floodplain Administrator or his or her
performance of the work. The Floodplain Administrator or his or her
22 designee(s) is also authorized to serve citations for violations of this chapter, which shall be
23 disposed of in county court. Service under this subsection may be accomplished by hand- u
24 delivery or attempted mailing (regular, certified, or registered), or by a method authorized Z:�
25 under Section 8-34 of the Monroe County Code of Ordinances or Section 162.12, Florida
a�
26 Statutes.
27 (c) Continuing Violations. Any person who continues any work on or use of a property,building_,
28 or structure, after having been served with a stop work order or cease and desist order ordering
29 that such work or use must stop or cease and desist, except such work as that person is directed
30 to lawfully perform to remove or remedy a violation or unsafe condition, shall be subject to
31 any and all penalties prescribed by law. If any person or entity is found by an administrative
32 hearing officer, the contractors examining board, or a court of competent jurisdiction, to have
33 violated this chapter by continuing _to perform such work subsequent to the issuance of a stomto perform such work subsequent to the issuance of a stow
34 work order (red tag), the contractors examining board may take such action as it deems
35 necessary and proper to cease such activity, including but not limited to suspension of the
36 permit pulling=privileges of any contractor performing such work. Any person who continues 0
37 any work on or use of a property, building, or structure after having been served with a notice
38 of hearing or notice of violation which includes a notice that it must be complied with by a
39 specified date and that a fine or other penalties may be imposed, except such work as that
40 person is directed to perform to remove or remedy a violation or unsafe condition, shall be
41 subject to penalties as prescribed by law. A final administrative order finding that a person
42 has violated a cease and desist order previously issued by an administrative tribunal shall
43 constitute prima facie evidence that the County has satisfactorily demonstrated a likelihood of
44 irreparable harm, the unavailability of an adequate remedy at law, a substantial likelihood of
45 success on the merits of the claim at issue in connection with the violation(s) for which the
46 cease and desist order was issued by said tribunal, and consideration(s) of the public interest.
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I A final administrative order finding that a person has violated a cease and desist order
2 previously issued by an administrative tribunal shall constitute prima facie evidence of indirect
3 contempt cognizable and enforceable by a court of competent jurisdiction, including but not
4 limited to by sanctions and contempt order.
5 (d)Joint and Several Liability.All owners,part owners,joint owners,tenants in common,tenants
6 in partnership, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and
7 holders of legal or beneficial title to or interest in aparcel of real property,building,or structure
8 held in violation of this chapter, shall be jointly and severally liable with respect to any legal
9 or equitable relief or judgment obtained by the county_ 0
10 (e) Injunctive Relief. The county attorney is authorized to seek affirmative or negative injunctive 6
11 relief authorizing or commanding _compliance with this chapter through, including but not with this chapter through, including but not 0
12 limited to, cessation of a use, or removal of a building or structure or a part or portion thereof,
13 by motion for emergency, _preliminary, or permanent injunction, including by ex parte motion,preliminary, or permanent injunction, including by ex parte motion, w
14 or other forms of equitable relief, from a court of competent jurisdiction, upon presentation of
15 prima facie evidence of a violation of this chapter to such court.
16 (f) Criminal Remedy. Prosecution of violations of this chapter may be prosecuted in the name of
17 the State of Florida by the prosecuting attorney thereof as more fully set forth in Section
18 125.69(1),Florida Statutes.Any person found guilty of violating this chapter may be sentenced 'a
19 to up to sixty(60)days in jail or fined in an amount of M to $500.00 or be subject to both such 0
20 imprisonment and fines. CN
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22 Sec. 122-21.—Flood Hazard Warning. All agreements for deed,purchase agreements, leases, or
23 other contracts for sale or exchange or transfer of parcels/lots within special flood hazard areas in u
24 the unincorporated areas of the county shall carry the following flood hazard warningprominently Z:�
25 displayed on such instrument, in at least 12-point boldfaced and regular-faced font and all-caps
26 and lowercase type as follows:
27
28 "FLOOD HAZARD WARNING
29 This property may be subject to flooding. You should contact the county growth
30 management division and obtain the latest information regarding flood elevations
31 and restrictions on development before acquiring and making use of this property."
32
33 Sec. 122-22— 122-24.—Reserved.
34
35 ARTICLE III.—FLOOD RESISTANT DEVELOPMENT
36
37 Sec. 122-25.—Buildings and Structures.
38 (a) Design and construction of buildings, structures and facilities exempt from the Florida
39 Building Code. Pursuant to section 122-11(c) of this chapter,buildings, structures, and facilities
40 that are exempt from the Florida Building Code, including substantial improvement or repair of
41 substantial damage of such buildings,structures and facilities,shall be designed and constructed in
42 accordance with the flood load and flood resistant construction requirements of ASCE 24.
43 Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
44 comply with the requirements of section 122-31 of this chapter.
45 (b) Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated
46 buildings shall comply with all the aplicable requirements of the Florida Building Code and
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I the following:
2 (1) Enclosed areas below new and substantially improved one- and two-family dwellings, and
3 below lateral additions to one- and two-family dwellings:
4 a. In Zone A/AE flood hazard areas, not more than 299 square feet may be permitted
5 to be enclosed by walls of opaque materials, except for perimeter foundations
6 (crawl/underfloor spaces that have a wall height less than 5 feet). Additional area
7 may be enclosed with screening _or open lattice. The size limitation shall not apply
open lattice. The size limitation shall not y
8 to areas enclosed for parking of aircraft below residential buildings abutting airport
9 districts. 0
10 b. In coastal high hazard areas (Zone V) and Coastal A Zones, not more than 299 6
11 square feet may be permitted to be enclosed by walls of screening _or open lattice. 0
12 (2) Nonconforming enclosed areas of 299 square feet or more below one- and two-family
13 dwellings lawfully established and lawfully existing as of April 12, 2004, shall not be w
14 modified, improved, or expanded unless the enclosed areas are brought into compliance
U)
15 with the Florida Building Code, Residential Section R322 and this section.
16 (3) Enclosed areas below other new and substantially improved buildings and structures shall
17 comply with the requirements of Florida Building Code, Building and ASCE 24.
18 (4) Applications that include enclosed areas below elevated buildings shall include a 'a
19 Nonconversion Agreement as specified in section 122-11(i) of this chapter. 0
20 (c) Minimum Foundation Requirements for buildings and structures within the scope of the CN
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21 Florida Building Code. Pursuant to the Florida Building Code, and Sections 6-147 and 6-148 of
22 the Monroe County Code of Ordinances,the design of the foundation system for buildings within
23 the scope of the Florida Building Code shall be provided by a Geotechnical Engineer registered in u
24 the State of Florida in a site-specific geotechnical report submitted per requirements of Section Z:�
25 1803.6 of the Florida Building Code. The foundation design shall be the more stringent of
26 recommendations of the report and meet the following minimum requirements:
27 (1) All structures or building foundations shall be anchored/socketed into natural rock. This
28 includes,but is not limited to, auger cast concrete piles,precast concrete piles or wooden piles.
29 (2) All concrete piling shall have full depth reinforcing to effectively resist the internal forces
30 induced by the design loads,without failure. CL
31 (3) All piling shall be anchored to the natural rock with a 14-inch minimum diameter augureLO
32 socket and a minimum embedment of 3 feet.
33 (4) The pile foundation suport system shall be designed to resist the required lateral loading _for
34 an unsupported height defined by a full scour condition. The construction documents shall
35 include a statement that the design has been completed and certified for a full scour condition
36 for lateral stability to the elevation of the suporting rock and in accordance with ASCE 24.
37 (5)Pile embedment shall include consideration of decreased resistance capacity caused by scour
38 of soil strata surrounding the piling and have adequate rock penetration to resist the combined
39 wave and wind loads (lateral and uplift)
40 (d)At-trade residential detached accessory structures. At-grade detached accessory structures
41 are permitted provided the accessory structures are used only for parking or storage and:
42 (1) If located in special flood hazard areas (Zone A/AE), other than coastal high hazard areas,
43 are one-story and not larger than 600 sq. ft. and have flood openings in accordance with
44 Section R322.2 of the Florida Building Code, Residential.
45 a. A variance, in accordance with Section 122-17, may be authorized for the
46 construction or substantial improvement of at-grade detached accessory structures
Packet Pg.4721
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I larger than the size limits specified in subsection (1) but not larger than 1,000 sq.
2 ft. in size.
3 (2) If located in coastal high hazard areas (Zone VNE and Coastal A Zones), are not located
4 below elevated buildings and are not larger than 100 sq. ft.
5 (3)Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
6 (4) Have flood damage-resistant materials used below the base flood elevation plus one (1)
7 foot.
8 (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
9 to or above the base flood elevation plus one (1) foot. 0
10 (6) Applications for detached accessory structures shall include a Nonconversion Agreement 6
11 as specified in section 122-11(i) of this chapter. 0
12 (e) Nonresidential detached accessory structures. In all flood hazard areas, nonresidential
13 detached accessory structures shall comply with the requirements of Florida Building Code, w
14 Building and ASCE 24, including, but not limited to, elevation or dry floodproofing
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15 requirements. Applications for detached accessory structures shall include a Nonconversion
16 Agreement as specified in section 122-11(i) of this chapter.
17
18 Sec. 122-26.— Subdivisions.
19 (a)Minimum reduirements. Subdivision proposals, including proposals for manufactured home 0
20 parks and subdivisions, shall be reviewed to determine that: CN
CN
21 (1) Such proposals are consistent with the need to minimize flood damage and will be
22 reasonably safe from flooding,
23 (2) All public utilities and facilities such as (including but not limited to) sewer, gas, electric, u
24 communications, and water systems are located and constructed to minimize or eliminate Z
25 flood damage, _and
26 (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO,
27 adequate drainage paths shall be provided to guide floodwaters around and away from
28 proposed structures.
29 (b) Subdivision plats.Where any portion of proposed subdivisions, including manufactured home
30 parks and subdivisions, lies within a flood hazard area, the following shall be required: C.
31 (1) Delineation of flood hazard areas and flood zones, and design flood elevations, as
Lo
32 appropriate, shall be accurately depicted and described on preliminary plats,
33 (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
34 elevations are not included on the FIRM, the base flood elevations determined in
35 accordance with section 122-13(b)(1) of this chapter; and
36 (3) Compliance with the site improvement and utilities requirements of section 122-22 of this 0
37 chapter.
38
39 Sec. 122-27.— Site Improvements, Utilities and Limitations.
40 (a)Minimum requirements. All proposed new development shall be reviewed to determine that:
41 (1) Such proposals are consistent with the need to minimize flood damage and will be
42 reasonably safe from flooding,
43 (2) All public utilities and facilities such as (including but not limited to) sewer, gas, electric,
44 communications, and water systems are located and constructed to minimize or eliminate
45 flood damage, and
46 (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO,
Packet Pg.4722
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I adequate drainage paths shall be provided to guide floodwaters around and away from
2 proposed structures.
3 (b) Sanitary, serge facilities. All new and replacement sanitary sewage facilities,private sewage
4 treatment plants (including all pumping stations and collector systems), and on-site waste
5 disposal systems shall be designed in accordance with the standards for onsite sewage
6 treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize
7 or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into
8 flood waters, and impairment of the facilities and systems. Joints between sewer drain
9 components shall be sealed with caulking,plastic, or rubber gaskets, and manhole covers shall 0
10 be sealed in a similar manner. Sewer systems which extend below the base flood elevation 6
11 shall have backflow prevention valves or devices. 0
12 (c) Water supply facilities. All new and replacement water supply facilities shall be designed in
13 accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and w
14 ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
15 (d) Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be
16 designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
17 floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
18 addition to these requirements, if intended to support buildings and structures (Zone A only),
19 fill shall comply with the requirements of the Florida Building Code. 0
20 (e)Limitations on sites in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal CN
cN
CN
21 high hazard areas and Coastal A Zones, alteration of sand dunes, dune ridges, and mangrove
22 stands shall be permitted only if such alteration is approved by the Florida Department of
23 Environmental Protection and only if the engineering _analysis required by section 122-13(c)analysis required by section 122-13(c) u
24 of this chapter demonstrates that the proposed alteration will not increase the potential for flood Z:�
25 damage. Construction or restoration of dunes under or around elevated buildings _and
26 structures shall comply with section 122-31(e)(3) of this chapter.
27
28 Sec. 122-28.—Manufactured Homes.
29 (a) General. All manufactured homes installed in flood hazard areas shall be installed by an
30 - installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the aCL
L
31 requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. Effective June 1,
32 1977, no manufactured home not already in place shall be placed within areas of special flood
33 hazard except in an existing manufactured home park or subdivision.
34 (b) Foundations. All new manufactured homes and replacement manufactured homes installed in
35 flood hazard areas shall be installed on permanent, reinforced foundations that:
36 (1) In flood hazard areas (Zone A), other than coastal high hazard areas and Coastal A Zones, 0
37 are designed in accordance with the foundation requirements of the Florida Building Code,
38 Residential Section R322.2 and this chapter.
39 (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance
40 with the foundation requirements of the Florida Building Code,Residential Section R322.3
41 and this chapter.
42 (c) Anchoring. All new manufactured homes and replacement manufactured homes shall be
43 installed using methods and practices which minimize flood damage and shall be securely
44 anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
45 movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
46 ties to ground anchors. This anchoring requirement is in addition to applicable state and local
Packet Pg.4723
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I anchoring requirements for wind resistance.
2 (d) Elevation reduirement. All manufactured homes that are placed, replaced, or substantially
3 improved shall be elevated such that the lowest floor and mechanical equipment is at or above
4 the elevation required, as aplicable to the flood hazard area, in the Florida Building Code,
5 Residential Section R322.2 (Zone A) or Section R322.3 (Zone V).
6 (e) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
7 requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such
8 enclosed areas, as aplicable to the flood hazard area.
9 (f) Additions. Solid wall additions to manufactured homes shall be permitted provided: 0
10 (1) The addition is constructed under the HUD (Department of Housing and Urban 6
11 Development) standards and contains a HUD seal, 0
12 (2) The addition is elevated as required in section 122-28(d), and
13 (3) The addition is structurally independent (fourth wall construction) or certified by—a w
14 registered design professional.
15 (2)Screen rooms,open decks and Porches. Screen rooms, open decks and porches are permitted
16 if structurally independent(fourth wall construction).
17 (h) Utilityeduipment. Utility equipment that serves manufactured homes, including (but not
18 limited to) electric, heating, ventilation, plumbing, and air conditioning equipment and other
19 service facilities,shall comply with the requirements of the Florida Building Code,Residential 2
20 Section R322, as aplicable to the flood hazard area. CN
21 T-
22 Sec. 122-29.—Recreational Vehicles and Park Trailers.
23 (a) Temporary_placement. Recreational vehicles and park trailers placed temporarily in flood u
24 hazard areas shall:
25 (1) Be on the site for fewer than 180 consecutive days, or
a�
26 (2) Be fully licensed and ready for highway use, which means that the recreational vehicle or
27 park trailer in question is on wheels or a jacking system, is attached to the site only by Lo
28 quick-disconnect type utilities and security devices, and has no permanent attachments
29 such as (including but not limited to) additions, rooms, stairs, decks and porches.
30 (b) Permanent placement. Recreational vehicles and park trailers shall not be permanently
31 placed, installed, or anchored.
32
33 Sec. 122-30.—Tanks.
34 (a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent
35 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
36 during conditions of the design flood, including the effects of buoyancy assuming the tank is 0
37 emM.
38 (b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
39 requirements of section 122-30(c) of this chapter shall:
40 (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
41 Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed
42 to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
43 hydrostatic loads during conditions of the design flood, including the effects of buoyancy
44 assuming the tank is empty and the effects of flood-borne debris.
45 (2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
46 (c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated
Packet Pg.4724
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I to or above the design flood elevation and attached to a supporting structure that is designed
2 to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-
3 suporting structures shall meet the foundation requirements of the applicable flood hazard
4 area.
5 (d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
6 (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
7 of floodwater or outflow of the contents of the tanks during conditions of the design flood,
8 and
9 (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, 0
10 including the effects of buoyancy, during conditions of the design flood. 6
11 0
12 Sec. 122-31.—Other Development Not Specified in this Chapter.
13 (a) General requirements for other development. All development, including, but not limited
14 to, man-made changes to improved or unimproved real property, including utilities, for which
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15 specific provisions are not specified in this chapter or the Florida Building Code, shall:
16 (1) Be lawfully located and constructed to minimize flood damage,
17 (2) Be lawfully anchored to prevent flotation, collapse or lateral movement resulting from
rom c�
18 hydrostatic loads, including, but not limited to, the effects of buoyancy, during conditions
19 of the design flood, 0
20 (3) Be constructed of flood damage-resistant materials, and CN
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21 (4) Have mechanical, plumbing, and electrical systems above the design flood elevation or
22 meet the requirements of ASCE 24, except that minimum electric service required to
23 address life safety and electric code requirements is permitted below the design flood u
24 elevation provided that it conforms to all of the provisions of the electrical part of building Z
25 code or other pertinent code(s) for wet locations.
26 (b) Concrete slabs used as parking pads, enclosure floors,landings, decks,walkways, patios
27 and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A
28 Zones. In addition to meeting all requirements of the Florida Building Code, for parcels in
29 whole or in part in coastal high hazard areas and Coastal A Zones, concrete slabs used as
30 parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural
31 uses are permitted beneath or adjacent to buildings and structures provided that the concrete
32 slabs are professionally designed and lawfully constructed to be:
33 (1) Structurally independent of the foundation system of the building or structure,
34 (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
35 causing significant damage to any building or structure, and
36 (3) Have a maximum slab thickness of not more than four(4) inches. 0
37 (c) Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition
38 to the meeting all requirements of the Florida Building Code, in coastal high hazard areas and
Jz
39 Coastal A Zones, decks and patios shall be located, professionally designed, and lawfully
40 constructed in compliance with the following_
41 (1) A deck that is structurally attached to a building or structure shall have the bottom of the
42 lowest horizontal structural member at or above the design flood elevation and any
43 suporting members that extend below the design flood elevation shall comply with the
44 foundation requirements that aply to the building or structure, which shall be designed to
45 accommodate any increased loads resulting from the attached deck.
46 (2) A deck or patio that is located below the design flood elevation shall be structurally
Packet Pg.4725
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I independent from buildings or structures and their foundation systems, and shall be
2 professionally designed and lawfully constructed either to remain intact and in place during
3 design flood conditions or to break apart into small pieces to minimize debris during
4 flooding that is capable of causing structural damage to the building or structure or to
5 adjacent buildings and structures.
6 (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
7 constructed with more than the minimum amount of fill necessary for site drainage shall
8 not be approved unless an analysis prepared by a qualified registered design professional
9 competently and substantially demonstrates no harmful diversion of floodwaters or wave 0
10 runup and wave reflection that would increase damage to the building or structure or to 6
11 adjacent buildings and structures. 0
12 (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
13 natural grade or on nonstructural fill material that is similar to and compatible with local w
14 soils and is the minimum amount necessary for site drainage may be approved without
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15 requiring _analysis of the impact on diversion of floodwaters or wave runup and wave
of the impact on diversion of floodwaters or wave runup and wave
16 reflection.
17 (d)Other development in coastal high hazard areas (Zone V)and Coastal A Zones. In coastal
18 high hazard areas and Coastal A Zones, development activities other than buildings and
19 structures shall be permitted only if also authorized by all the appropriate or required federal, 0
20 state or local authority(ies), if located outside the footprint of, and not structurally attached to, CN
CN
21 buildings and structures, and if analyses prepared by qualified registered design professionals
22 competently and substantially demonstrate no harmful diversion of floodwaters or wave runup
23 and wave reflection that would increase damage to adjacent buildings and structures. Such u
24 other development activities include but are not limited to:
25 (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures,
a�
26 (2) Solid fences and privacy walls, and fences prone to trapping debris, unless professionally
27 designed and lawfully constructed to fail under flood conditions less than the design flood �
28 or otherwise function to avoid obstruction of floodwaters, and
29 (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
30 systems or mound systems. CL
31 (e) Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal
32 high hazard areas and Coastal A Zones:
33 (1) Minor _grading and the placement of minor quantities of nonstructural fill shall be permitted
34 for landscaping and for drainage purposes under and around buildings provided that the
35 nonstructural fill does not exceed two (2) feet in depth.
36 (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units 0
37 horizontal shall be permitted only if an analysis prepared by a qualified registered design
38 professional competently and substantially demonstrates no harmful diversion of
39 floodwaters or wave runup and wave reflection that would increase damage to adjacent
40 buildings and structures.
41 (3) Where authorized by the Florida Department of Environmental Protection or applicable
42 local federal, or other state approval, sand dune construction and restoration of sand dunes
43 under or around elevated buildingsanalysis
are permitted without additional engineering _g analyare permitted without additional engineerin _g analysis
44 or certification of the diversion of floodwater or wave runup and wave reflection if the
45 scale and location of the dune work is consistent with local beach-dune morphology and
46 the vertical clearance is maintained between the top of the sand dune and the lowest
Packet Pg.4726
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I horizontal structural member of the building.
2
3 .
4
5 gener-al welfaFe a+id to minimize p4lie and private losses dtte to flood eanditions in speeifie afeas
6 by provisions designed to:
7
8 ,
9
10 1 ;
11
13 ,
14 d alil at e; w
15
17
18 ; S
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19 era�g��.��te�r�tie� CL
20 0
21 ;
22 CN
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23 Vie—are-as i eh manner--as to fninifnize fttt-ufe flood blight afeas;-a-Rd
24
25 u
26 the potential p4lie a+id private less dtte to flooding. it is the intent of the BOGG that the eotmt-),
27
28
29 adhered to in all afeas of speeial flood hazafd within the jw4sdietioll of the tMilleofPor-ated af
30 e€�ke eaw".
32
CL
33
34
35 eamplia+iee with the tefms of this ehapter-in addition to other- applieable wgttlatioas, ineittdi...
36 b, 4 not limited t n n GFR 60.3(a)(2). �
37 (b) Basis for-Establishing Speeial Flood 14azar-d Maps; Speeies Foetis Area Maps(,SFAA4s)witk
38 ;
40
41
42
43 be -kept an file, "!able to the p4lie, in the off4ees of the eott� Bttilding Depaftme
44 ,
45
47
48 (RE) lis�. FEMA a+id �he U.S. Fish a+id Wildlife Sefviee (PAIS) ha--ve pfavided �he speei
49 feetts afea fnaps (SFAN4s)mailed to Monfee Gott*�and dated April 30, -2011, a+ld a listing
50
51
Packet Pg.4727
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I the RE list that afe within the SFAN4s identified by the PAIS in aeear-da-flee with t
2 viologie,l apinion, dated April 30, z010 as ameadedPeee }vim 14, -2010,afe irk
3
4
5
6
7
8
9
10 0
11 as
12 0
13
14 w
15
16 ts of these fna-ps for- pr-eeise laeations of stteh botmdafies shall be made by
17
18
19
CL
20 wsoh4ioa fFafn tifne to tifne by the BOGG. Additionally, the Bttildiag Offieial shall also obt 0
21
22 CN
23
24
25 u
26 (a) The fellowing wor-ds, tefms and phrases, when ttsed in this eha-pter-, shall ha-ve th
27 'a
28 a
29 P
30 .
31
32
33
34 g
35
36 sides.
37 m
38
39 &ieavatioa or- a, ii;r oper-atrs star-ageor- fo ,,;.w or, or-mato '-
40 _uLlevate-d-bi-ii iqg fnea+is a neabasemeat bttilding that has its lowest elevated flear-raised abe
41 ,
42
43 paftially or-fitily sh�4 in by r-igid walls a+id ttsed solely for-limited star-age, par-king or-ea4��,a��
44
45
47
48
49
50 final site gr-ading or- the pow4ag of eaner-ete pads is eampleted before Janttafy a+ld i...
Packet Pg.4728
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I
3
4
5 >
6 r,a t&itttfed woods.
7 .
8
9
10 fneeting the r its for-indi idtt,i list;„ r fhe.rr.,f;ona Register-;.
11 as
12 0
13 by the eer-e to ^ .,ram,as a registered ter-ie distfiet
14
15
16 0
17 t; )1 p s th,.,t h,.,.e boor eei4ified a thef
18
19
CL
20 u
21 2
U-
22 CN
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23
24 u
25 u
27
28
29 05
30 'a
31
32
CL
33 tmfiaished ar- flood wsista+it enelostife, ttsable solely for-par-king of vehieles, bttilding aeeess E
34
35
36 elevation des* r its of this ,hapter
u
37 m
38
39
40 4&ispaAa-ble s4ttet-wes plaeed an a site for- 180 eoasea4ive days E)r- leager- and intended to
41
42
43
44
45
46 easts an appli iest r-eview by-an independent third paf�y appraiser-dttly m4har-ized by
47
48
49
50 appraisal shall be r-eqt&-ed to possess eei4ifieatioas as state eei4ified r-esideatial appraisers
Packet Pg.4729
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I
3
4 .
5
6 as an enelostife, fnater-ials with no openings, flood resistant fnater-ials), whieli was lawfA�'
7
8
9
10 0
,h,,,-,"r„r ,-.,,;++o,a development to t,o,,;r
11 as
12 0
13 by this ,.h.,.+o,
15 ;
16
17 (3) Designed to be self pr-opelled or-pefma+iendy towable by a light di"4ttek—,�
18
19 .,+; ra eamp +,-..of or-seasonal, �
C,
20 0
21
22 bttilditig pefffiit was isstted, pfavided the aetttal staft of eaffs CN
23 , addition,plaeemeat or-other-impr-ovemeat was within 180 days of the pefmit
24
25 u
26
27
a�
28 a
29
30
31
32
CL
33
34
35
36 u
37
38
39
40 damages,then the statet-ufe fntist be elevated(E)r-flood pr-oofed if it is non r-esideatial)to or-A
41
42
43 items whieli afe sepafate fFafn the repair-. hems that fna-y also be &ielti, Pedd inrehade d-pem-A-lition ef
44 emefgeney r-epair-s (easts to tempar-afily stabilize a bitilding so that it's safe to enter- to evali�e <
45
46 .
47
48
49 "
50 "
Packet Pg.4730
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I
2 health, Saffitafy, OF saga�y eade speeif4eations whieh have been identified by the W
3
4
5
6
7
8
9 be tfiggeFed solely by the F et th.,f the sf.ttet-we;s t eifi,; od OF FepaiFed.
10
11
12
13
14 w
15
16 JtFttet-rre's eantiatted designationto ie s4+te
17 Poodplain managemefit FeEtttffefflefitS fOF new eans4ttetion apply to stthstantial.
18
19
C,
20 0
21
22 CN
23 " `�
24
25 u
26 the eat; h,,;1.in Fattst be elevated to or-—above e(lead ele atialr (BFrE) (Af �
28 a
29 P
30 BF-E,i.e.; the &kistiag btFilding does nat have to be elevated. if the proposed later-a!additial+ 'a
31
32
33 s4ttet-ufe be elevated to or- above the BF-E. Even thattgh the i E
34
35 .
36 u
37
38
39
40
41
42 a
43 an fFietion piling (eaner-ete or- weed) and shall be anehar-ed to stteh r-ae-k s"PaFt b holes, 1.6- u
44 inehes in FainiFattm diameter-,attgtifed into stteh r-ae-k a FainiFattm depth of three feet and wiafer-e <
45
46 and tied to the ver-tieal steel of the pier-. Wooden pilings shall be lee-ked into 16 ineh a-ttgef
47 .
48
49
50
Packet Pg.4731
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I
3
(e) Within-21 ealeadaf days of establishment of the lowest flear-elevation, or-"all plamneat of th-e-
4
5
6
lowest flear-within A zones or-the lowest poi4ioa of the lowest her-iZental s4+tet--HFa! fnember-
7
8
9
10
11 as
12holder's
13
14 w
15
16 hereby shall be ea-ttses to isstte a stop wofk order-for-the pr-qjeet.
17 (f) The degree of flood pr-ateetion r-eqttir-ed in this ehapter-is r-easonable for-wgttlatofy PwToses a-Rd
18
19
20 imply that 1—and- the afeas of speeial flood hazafd or-ttses pefmit4ed within ateh afeas
21 2U
22 CN
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24 u
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26
27
28 a
30
31
32
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33 aw;r;s, or-the u,,;i a;r nff i m;
34
35 .
36
37 ,.f;,.os that fninifnize flood damage, �
38
40
41
42
43
44
45
46 damage t them and , r,.,w.inat r f f. them ,a,,4 flooding.
47 ,
48
49
50 (9) illegal or- noneonfeming ttses, s4+tet-ufes, a+id eans4+tetion below elevated post F-112
51
Packet Pg.4732
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I
.Y .--its to below base flood enel s-afes, other--
than for-demolition or-a pefmit to r-efnedy a life saga�y hazafd,�mless the s4ttetufe is br-ottght
3 into , pli ree with this eh pter
4
5 .
6
7 as defiffed iff this ehaptef.
8
9
10
11 a
12
13 allowed w high . „1,1 ; to t;.,l flood damage-7
14
15
16 of lots within afeas of speeial flood hazafd shall eafFy the fellowing flood hazafd waming
17 atly disp1.,.,0,1 an the ,a, ettf epic.
18 FLOOD HAZARD AIARNP r_ �
This be „1 o f,,,,din h,,,,11 t !'_,-ewtb,
19 �rr�-�irvp€�" cE��6�zvvcrrir��6ii�ivtrrcrC-6a�E@6crr CL
20 'a
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21 2
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22 C14
23 been provided the F 11,,.E ial —fered: t'J
24 u
25
26 the lowest flea-- for- zones A! 30 n E r,a A 14or- h tt w. f the lowest s a--- �
27 iaember' of the lowest Flea- for- zones Nr30 A7R A7 elevated .,tor- above tho t �o
29 �1
30 at OF abOVe the FeEt 4irre'd Elevators fna-y be plaeed below the base- 'a
31 ,
32
CL
33 within the eamponents a,,, r r a;t; rs f fl air
E
34
35
36 he-e the lille passes a-HIto-io-wallor-slab.
u
37 d. &ieept as noted in s4seetion(b)(7) of this seetion,the spaee below the lowest flear-a m
38
39
40 f 11,,. „r , rd t; rs.
41
42
43 feet shall only be enelosed with ser-een or- open la4iee. This lifnitatiall shall not
44
45 ,
46 &i;sti g a April 17 zov4,-r-he effeetive date of the or-dina-fleefFaffn w'hieh t�ir'rr
47 seetien is derived shall be deemed eer ,-mini as to thepr-ovisionsf this
48
49
50 i. Theme„'lA cells of any enelesecc'1r£r ea below the base flood elevation ill zolle A , E) tz is
51
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2 to mateh the and falling F Fle,,,7water-s vrrthe E)�4srue-vf he s4+tEt-Hfe. A
3 fflillifHWHf�. , 1,,e ted on sepafate walls shall he p i e,a having
4
5
6 door-may he, e,a i lie„ fventing ane wall opening. Openings shall he s;t,,.,te,a
7
8 g
9 3. h4er-ior-walls, eeilings a+id floor-, below base flood elevati011, ill efielOstIfes Wlatl
10 0
11
12 Bttlletia.The most weent Teehaieal Bttlletia limits the finish to basie wall eeiling 0
13
14 w
16 4. The ;,,to t; F. enelosed . ., below , elevated bt 1,iag m t be
17
18
19 CL
20 0
21 xmrsr-e yaiair-of tAi'n6es *h + w told seiyiee the effelas ife ac+idrea-ffixv� be 0
22 CN
CN
23
24
25 u
26 ltey t F F GFI 1 t,-iea tael e�
iai" e�'zeC `.�h'. ��cp , cre ccrrcar ieccp ccccr��
27 shall nat he 1,,e ted helaw the base Fle d elevation. �
28
tiSf , t tS t t 4(h)(l),� 7 F
29 tcS-si'ccx�x�xxxg-c�3;r�'ccju}�c�3c}3sr6��iTvaccz}6�3s��� ., 3cx-���-1� Ar 6�
30 this seetion.
31 7. The afea effelosed belaw the base flood „1,,.,a+iaff shall ffa, be ttsed F h,..f..+ �
32 h..b.; r
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33 8. &ieept as ne edins4seetiiens12-2 4(hvl)h a+i (h)(I) .5. of this seetiallvz
34
36 �?� � aze>Qee �ttette -
37
38
39 (FIRM) shall have the lawest flear-(ineittding basement) elevated to or-above the base 0
40 flead level or-,together-with a4eadaf4�444y and sanitaty f4eilities,be designed so that
41
42
43
44 Elevating above b se fle-a-d- ion fna-y deer-ease the east of flead instwanee.Wher-e <
45 ,
46 a registered pr-ofessional engineer- or- afehiteet shall develop and,lor- r-eview st-letwal
47 design speeifieations and pla+is for-the eaastt+te6aa a+ld shall eei4ify that the design a-Rd
48
49
50
51
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3 zone N11- 30,N112 or-N'shall have the bettem of the lowest her-izental stf+fet-ufal fnembe
4 of the lowest fleaf, eleviited to of above the base flead eleviitieff.
5 ,
6
7
8
177 4(t,l( l., rf t- �7 4 (h)(l),l 7 (h)(l),l 4 „F
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10 this seetion for- A zones. Plans for- sneh stpdet-ufe shall be sninnit4ed to the bitilding 0
11 as
12 Aeeess-ei,�,st-yHe-twes.
14
15 r
16 (i) The enelosed aafea is 150s"afe €EEt ems; �
17 (ii) The nse is lifnited to lifnited star--age; and �
18
19 late-.,1 f rt c�
C,
20 0
21 0
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22 C14
23 4(b)(I)d. within A zones -the ,f4e .,-; sot F i hin „ seetio (t l(Gl within N7 CN
24 u
25 u
26 1. All nonresidential aeeessefy s4ttEt-uTes,-or-—enelosecc'lrifeas, w4iieli fneet the
27 F 11,,.E ing ,f4e-;, be p ,-m t e if.
28
29 (ii) They-iaEEt the br-Eakwha-y wall stand`„—.as „tl;,,ed in Seeti6ir r��
l( hi N7 the ti t� fl;,� ,1 a
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32
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35 1,*,,fa ffi r*
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36 (n�e-twed how s,
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38
39
40
41
42
43 red, as applieable to the flood hazafd afe-ainthe 1 fid u„;ldi rode, u
44 Seet r v322 (Zone n) or-Seet r v312 3 (Zone m <
45 bResefvel-
46 e. No solid walled additions fna-y be added to a fnann�et-ufed hafne t1filess the addition is.
47
48 .
49 Solid r=walled -addi6effs eleyft` e r a of above *he Lase flood elevft6aff irrccs be
50
51 .
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6 inz.A.G:Chapter, 15G.
7
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11 as
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16
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29 ee t tEt �e-a —��a��e �� �e�.r
30
31
32
33
34s
35
36 u
37
38
40 d. A registered pr-ofessional eagineer- or- afehiteet shall develop or-review dh-e s4+tetwal
41
42
43 6€piaE iee for-fneeting the pr-ovislense€Seetiens122 n(h)(c). (t l(Glt .,,.a (h)(5l u
45
46 Model fneeting the fninimttm NPP sta+idafds, that demonstfates stteh fill will no
48
49
50 4(h)(l),l 1 (h)(l),l (h)(l),l 4 .,n (t l(�l7ax of this seetios
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I h. Prior-to eans4netion, pla-tis for- any s4ttet-ufe that will haw enelosed spaee below the
2 base flood elevation level shall be sninnit4ed to the Bttildiag Offieial or- his designee
3 for-approval.
4 i. Alalls a-Rd pfftitieffs shall be allowed belaw the base flead elevation,pfavided the�,af-e
5
6 the impaet of abaefinally high tides or- wind driven water- withent damage to the
7
8
9 be nsed as the safe lead design for-br-eaka a-y walls.
10 Complicniee with the provisions eantained in Seetion 1-2-2 4(b)(5)i. of this seetion shall 0
11 as
12
13 the spaee below the base flood elevation level &ieept as provided for-in Seetions 1-2-2
14 w
15
16 whieli will iner-ease the potential for-flood damage.
17 (6) Basement eonst-IHetion. No basement shall be eoastt+teted in the eotn�.
18
19
20 nee, be -ea bat -eaor- ,,,-kshop. This nbit}en does net apply to new 0
21
22 CN
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23 elevation the stf+tet--HFe was ofigiaaliy bitilt to; gr-otnid level stt+tenifes whose initial
24 u
25 u
27 (8) Below h—fiaad ele vation vapionee. la no event shall a below base flood elevation Vafianee
28
29
30 afe net s4sta-flti,l. 'a
31
32
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33
a. Be an the site for-",er-than 180 eoaseei4ive days and be fnily lieensed and ready fe-
34 ,
af-
35
36 u
37 pr-opelled or-pefinaneady towable by a light dtAy tf+tek, is al4aelied to the site all!
38
39 additions.
40
41
42
43
44
45
46 interest, will be in hafmany with the general pwTose and intent of this ehapter-, and will be th
48 (b)— Pr-oeed ---es.
49
50 of speeial flood hazafd shall be filed with the Bitilding Pepai4fneat at the tifne of applieatiall
51
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3 ri;eat r and s„t,w.;, r a rdat r to the ran n u
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5
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9 (1) Nlafia-nees shall be isstted only "an a detefmination that the vafia-Bee is the milli
10 neeessaty, eansider-ing the flood hazafd, to afford wlief�, and only"an all of the fellowing 0
11s as
13
14 , w
15
16
17
18
19 4.pee}fie wr-ittea findingsedte the faeter-sb€low.
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20 (2) The F ,,.E 11 „r faeter-s sia'zc be wley af4 in the �r i F 0
21 2
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23
24 ,
25
27
28 ,
29 b. The "Iabi' of altemate Weatiens less s4bjeet to �, P
30 ,
31
32
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33
34 #1ee
35
36 ,
38 ,
39 eleetfieadater-systems, and stfeets and bridges.
40
42
43 €
44 . The domestie di€fiettities of the eaf4-eF RlefflbeFS E)fhiSz�
45
47 4 '-ke elevation f s,,,...,,,mdi stf+tetirres.
48
49
50 is to be bt�k a+id stating that the east of flood instifanee will be eammeastifate with
Packet Pg.4738
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4 . . . . . , . . . . . .
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§ .11 be below the base flood. level, .a+id that . .the Httffibef of feet tha+the lowest floof of the .
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7 . . .hef.
R lowest anoof_w;*m w i5a__es u_,w_ u,_easey
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10 w the Federal eretm�geney Management n_.e,
11 2
12 See. 12 equired etioResidential_ c�etur o
13
14
15 eaffs4ue6aff , . ,
16 inspeetion of the below base flood eneleswe shall be eandtteted. %
17 °
IR ptifekasef, . , whiek is s44e4y liffi4edc
19 the below base flood eneleswe, CL
20 noneenfefmities� or-_illegale stf+tet--HFes, or-_i-ises.
0
21 . °
22 . . . . .eff of by a-H . . . \
23 . Fees for- inspeetions eandtteted
24 /
. . . . . . \
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26 ' , . . . .on shall be eandtteted
.
27
28 . §
29 . ®
30 `
. . . . . . . . . §
31
32 m
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34 . /
35 . . . . . . . . . ,
36 ineemplete,inaeetifate, , §
37 aafn the approved list ao#&_ea_sm,the _o; m_a_m_. mr a_ §
38 .
. . `
39 .nspeeter-, shall be .t4ed to the btt-yer-and . .
40 mten daysprior-w *emoz. date mr-t.sar-o#p p _
41 .
42 \
43 .11 be notified . . . . Violation . /
44 . . . . . plaintiff .The btt-yer-and hl- . . . _
eafer-ee the tefms of this
on
n law or-at
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fi.itiff
45 . . . . . . . . .
ttA of
46 . . . - . . .
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on to eafer-ee these
ally
47 . . . . . . plaintiff .
ng paf�y at the
on of the
48 . The sale . . . . .de . .
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49 . . . . . . . ,
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51 , . . . . . . .
aRee
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13 (2)kpeetioa atz time o#_sale; _
14 .
15 . . . 'he Mefffee Cow" flee4la. .ff . ,
16 . %
17 °
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20 0
21 , °
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23 . , , /
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26 . . . . . . . identified living
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27 aFea OR tile .
Onee this data is
teehaieal staff will dedttet all the
aFeek
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28 .ved . . .ffli . §
29 , ®
30 �a^, _ubeen made eomp4 t ,
31 . . . . . . §
II be
32 m
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36 and aFe , §
37 . .fieate of .a+iee as .aed .n this .on.This .s a . . §
38 , S
39 , . .ve . et . .on. if an _eWfieF. .
40 \
41 . /
42 . \
43 . . .oll of . . .Of /
44 tO tfaflSfffO#� eFG» mu in ceetionp ,,, 6.
45 Compliant . The 46 . . . . .
47
48
49
50 has been approved for-afeas below base flood elevation.Pr-opeAy owlier-s shall pay weer-dint,fefts.
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3 (f) New eonstruetion. New eans4+ietion that eantains a-By �ype of below base flood elevati
4
5
6
7
8
9
See. 122 8.inelusion of United States Feder-a! Emergeney Management Ageney (FEMA) and-
10 United States Fish and Wildlife Serviee (FIALS) Required Permit Referral Proeess 0
11 6
12 , 0
13
14 w
15
16 a
17 (b) Lands to whieh this seetion apply. See Seetion 1-2-2 -2(b)-2-.
18
19
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20 a
21 -
22 CN
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23 (1) SV44AIFew-ew peqHiped, Far-pafeels or-lots shown within the SFAN4s in whieh a-H applieati
24
25 u
26
27 swallowtail bttt4er-fly, silver-r-iee rate, a+id Steek island tfee snail, a+id the pafeel or-Wt is not
28 a
29 the ao.of .w orf .i; fio p ,mit files that indi., rsr
30 a. The name of the e€fieial that r-ev4ewems-he Qevelopnenr-aeatien for- PA,S
31
32 b e to offlieCL
e�4e L
33 eThedate of the SFAM and RE list ttsed eendttEt the r-ev4e,NL
E
34
35 .
36
37 in whieh a+i a-pplieation for-a pefmit for-development has been made illeittding 1) e"a+ldi--1
38
39 r-emoval); and,lar- 3) plaeemeat of feneing into Key deer- habitat, i-f the, SS F 4-A 4- 0
40
41
42
43 lsla+id tfee snail,a+id the pafeel or-Wt is listed an the RE list,the Planning Pir-eet-or--Aff-h-i'sA—ef
44 designee shall ttse the SAGs to detefmine whether- a floodplain development peFM4
45
46
48
49
50
Packet Pg.4741
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2 .,1 Fvegetation, or-eafinneneement f development,with a nd do that:
li f obtain f f o f.-af the d
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6 3. In aeeor-d nee with the Florida Bnil iag (`ode and Mear-ee (`.,,,,,t., Cvcti6ir6
7
8
9
10 assistanee, Mear-ee Gotnn� shall provide the applieation to the sefviee weekly. Based 0
11
12 ,
13
14 w
15
16
17
18
19 restoration and,la-ptff,.h so f native habitat.
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20 0
21
22 CN
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23
24
25 u
26
27
28
29 P
30
31
32
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33 mid -eys fnafsh rabbit habitat, pr-opef�y awfier-S shall agree to &ieenle Pja E
34
35
36
38
39
40
41
42
43
44
45
46
47
48
49 S*ate
50
51
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4
5 .
6 -A. 1-4�- off-der-for-these per-seas whose alleeations or-whose bttilding pefmits wer-e tailed to
7
8 .
9 1 Owner-s with alleeations whe do not need eaer-dination with PAIS after-they afe
11 as
13 Haw 300 days f�he date f. � ; ,a .� tiee iffy
n. v-crccy c-crcrcc-vr-crE6i'mcpz$s'accr=w'ircc€�zivcrc� zrr€R
14
15
17
18
19 i. Haw 180--dayi the date-vra eeimcy- sr'accr=wffrccen nvcree, to
0
21 2
22 CN
23 a peFmit f:Fef, the P014, Feea maenee development and Feeeiye-a CN
24 passed iffspee6aff.
25 u
26 (ROGO), Non Residential Rate of !'',.,.wth Ordi,..nee rn ROGO) PeFfflit
27 "may affeet
28
29 assessment gttides whieh FeEtttiFe the peFmittee to e8OFdinate with PAIS shall haw a total of P
30
31
32
CL
33
34
35
36 (6) Pr-opei4ies for- whieh a pefmit has been isstted and for- whieh development has
37
38
39
40
41TI
42
43
44
45
46 See. 12 eats;
47
48
49
50
51
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2 r ,r,a Development rode.
3
4
5 adffiiffist+a+ive aetieff. Failtwe to file stteh appeal shall eaffstitt4e a waivef of a-Hy rights ttffdef
6
7
8
9
10
11
12 of the wr-44ea natiee of the appeal, the Gett�shall r-efer-the appeal to DOA14 with a wqttes 0
13
14 W
15
16
17
18 ease�he appeal shall ffa�s��ftff4hef pefffl4 ae4vif-afld a+iy pfaeeediffgs. The BOGG shall fe
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20 a
21 -
22 �
23
24 Section 3.These updates are necessary to ensure County consistency with the requirements
25 of the Florida Division of Emergency Management - Bureau of Mitigation - State Floodplain
26 Management Office's model floodplain ordinance. However, in recognition that where an extant
27 legislatively approved law is repealed by a subsequent legislative act which substantially reenacts
28 that repealed extant law, the prior legislatively approved law and the subsequent legislative act
29 shall be regarded as one continuous law uninterrupted in its operation, see McKibben v. Mallory,
30 293 So. 2d 48, 52-53 (Fla. 1974), see also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38
31 (Fla. 3rd DCA 1979), it is the express legislative intent and purpose of the BOCC, in relation to or
CL
32 in connection with of subsequent administrative and judicial construction and review of this
33 ordinance and Chapter 122, that all recodified or reenacted provisions of Monroe County Land
34 Development Code Chapter 122, which includes those provisions of Chapter 122 unchanged or
35 not substantially modified by this ordinance, shall be deemed to have been in operation
36 continuously from their original enactment whereas the changes or substantial modifications are
37 treated as amendments effective from the time they go into legal effect.
38
39 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance u
40 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all E
41 applications for development, including building permit applications and subdivision proposals,
42 submitted on or after the effective date of this ordinance. <
43
44 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
45 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
46 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
47 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
48 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
Packet Pg.4744
S.4.p
I connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
2 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
3 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
4 construction and interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, bankruptcy, and on appeal.
6
7 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
8 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
9 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or 0
10 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the 6
11 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining 0
12 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
13 continue unimpaired in full force and effect. W
14
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15 Section 7. Conflicting Provisions. Consonant with Section 3. all ordinances or parts of
16 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
17 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any
18 ordinance which has been repealed thereby. 'a
19 0
20 Section 8. Captions and Paragraph Headings. Captions and paragraph headings, where N
21 used herein, are inserted for convenience only and are not intended to descriptively limit the scope V-
22 and intent of the particular paragraph or text to which they refer.
23 U
24 Section 9. Transmittal. This ordinance shall be transmitted to the Florida State Land
25 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
a�
26
27 Section 10. Filing. This ordinance shall be filed in the Office of the Secretary of the State
28 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
29 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
30 approving the ordinance, and if the final order is challenged, until the challenge to the order is
31 resolved pursuant to F.S. Chapter 120.
32
33 Section 11. Inclusion in the Monroe County Code. The provisions of this Ordinance
34 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
35 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
36 uniform marking system of the Code. 0
37
38 Section 12. Effective Date. This ordinance shall become as provided by law and stated E
39 above.
40 '
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
42 Florida, at a regular meeting held on , 2022.
43
44 Mayor David Rice
45 Mayor Pro Tem Craig Cates
46 Commissioner Michelle Coldiron
Packet Pg.4745
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1
2 Commissioner James K. Scholl
3 Commissioner Holly Merrill Raschein
4
5 BOARD OF COUNTY COMMISSIONERS
6 OF MONROE COUNTY, FLORIDA
7
8 By:
9 Mayor David Rice 0
10 (SEAL) a�
11 ATTEST: KEVIN MADOK, CLERK MONROE A77o,nNEY 0
12 R � TO FORM
14 AS DEPUTY CLERK ....
PETER MORRIS U)
15 ASSISTANT COUNTY ATTORNEY
Date. 11/1/22
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Flood lain Management relatedr�aE�. P
amend ments i n the Comprehensive
PlanLn, ad De velopment Code and
C OF COMMUNITY ode of Ordinances NOTICE MEETI NG
NOTICE OF REQUEST FOR
AMENDMENTS TO THE MONROE
COUNTY COMPREHENSIVE PLAN
AND THE MONROE COUNTY
LAND DEVELOPMENT CODE AND "1 111.1—vu T,T TOT,ArTIt', 01�TIE IF——T,_TM-A
MONROE COUNTY CODE OF 101 11 111
"I,❑m FOM
ORDINANCES oll-1111�1 T11 'A IT ,'I `n III
BOCC Ado ption H ea ring
February 3,2022
....... ..... T,1', 11.�,T'
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7
Floodplain Management
• ITEM S.4: 'at ------- evt re tCode., a e uIlrerent am -the State of Land-_ ----
III°:°Illoria Modell II°°°Illoo -triiiraine o iiiiol � e updated II:°I;: II ollioiiie , -to e Illii iitlll o rl Illaiii. . a a ere e
... ...... ......... .. ... . ... ..................................................................................................... ...................................................................................................... ....................................................................... ........................... .................................................... ................. ..................... ....................................
tlll°me fllo.o .ro iii iiions iiin the Florida ull.......................... inneoe ar ire ,�mllatioina.
.............................. ........................................................................................................................................................................................................................
• ITEM S.5: U1 ate Code of 0rd1n,a,,ncesmail i o tr otioArticle II it i �i Code to e
consistent with -the Florida Building . ...... -t
....... ....... ...._ ......._ amendmentsfor local i ..he r......' .............................._ %............_sta nda..rds.
_
Lamendmeryts tothe FBC
• ITEMS S.6 & S.7: .............iiineiiil............iii...iirm.. t Comprehensive Co rehen i e Man and Lan U e elo rm�ment Code -to increase -the maximum height
:t.....iire s ii.. .eiii .1l11. .III.........1I . .'iii..11l.............'i' to 4 ft Il iiiclQr� o u 111 Ill e a a lii 111 a 11 111 e aftem� tlllie a q tiii o n of a iii orm tlllie effective ate of afe u ui
........................... ... (Coinp Plan amimeuii mmruueiat trami mlmiiitte to Ilf; llf;;;;; II a
• ITEM S.8: .im�. ..i�. ......_ _� _ e _ t .___ a _r___ - e
m a III°°'llllll° Ills aurm to ore m iiiurea Illiiicau t to mmll a miiit Illaurm ire�viii iiioum to uriiioir .to ecru miii,t iii um�au�ce eur ourm tiratiiiurm fm�llllll
t ............................................................................................................................................................................................................................................................... ....................................
worm Illiiiau ce wiiitllNm tlll e u urureurmt l°°'lorl a l l/ llrm Code aurm the alem Ilf°°III III° III four eururmmiiita ore , mmiiiuriiiurm ain III°" /IIf IIF
allllllocatiiioun.
Notes:
• As used in these amendments, the updated FEMA FIRMs are the maps adopted subsequent to the current Zoos FEMA FIRMS (dated February 18,
Zoos).
• A future amendment will be required to LDC Chapter 122 to adopt the updated FIRM maps(afterthe map appeal is resolved)
• Amendments to LDC Chapter 122 and Code of Ordinances Chapter 6 are critical for DEM to deem the County's Floodplain Management Ordinance
compliant with NFI P and for the County's next CRS verification in zoz3.
</.;��,r .rJ-I/7 01/1 /////.. /// / l/// /r r//
/ f ,to be consistent with
the Florida Division of Emergency Management's State Model Ordinance which is written to explicitly rely on the flood provisions in the
Florida Building Code, and to continue to meet the Community Rating System (CRS) requirements and maintain our CRS score and
insurance discounts.
❖ NFIP is a federally-subsidized flood damage insurance program administered by the FEMA. The NFIP makes federally-backed flood
insurance available in those communities that agree to adopt and enforce floodplain management ordinances to reduce future flood
damage. These regulations must meet or exceed the minimum administrative and technical requirements in the NFIP regulations (44 CFR Part
59 and Part 60).
❖ Residents and business owners are eligible to purchase NFIP flood insurance policies in communities that agree to regulate development in
special flood hazard areas. These special flood hazard areas are delineated by FEMA on Flood Insurance Rate Maps(FIRMs).
❖ Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances, and/or building codes or adopt special
purpose floodplain management ordinances.
Code of Federal Regulations_
Subpart A-Requirements for Flood Plain.Management Regulations
§60.1 Purpose of subpart.
�� 11 11 11 11 11 (a) The Act provides that flood insurance shall not be sold or renewed under the program within a
community„unless the community has adopted adecpuate flood plain management regulations
consistent with Federal criteria.Responsibility for establishing such criteria is delegated to the
Federal Insurance Administrator.
p;b", This subpart sets forth the criteria developed in accordance with the Act by which the Fedleral
Insurance Administrator will determine the adequacy of a community's flood plain management
regulations. r�'
W egally-enforceable„apaplied,uniformly throcl,rdl�out the
W;..ye recfu p,tiours must �p
community to all privately and publicly owned land within flood-prone,rnudslide(i.e.,rnUdflow)or
flood-related erosion areas„and the community must provide that the regulations take
precedence over any less restrictive conflicting local laws„ordinances or codes. Except as
otherwise provided in§60 6,the adequacy of such regulations shall be determined on the basis
of the standards set forth in ;60.3 for flood-prorre area,§60.4 for mudslide areas and§60 5
for flood-related erosion areas.
1/I lll( /
f/
W
Monroe County is proposing amendments to update various Floodplain Management related provisions, to continue to fulfill
� � tY p p g p p g
N
;Q;iwAii
e ants o the atic�nal Floo Insurance Woof
a I an aint ",j,® s%=d 'n the I r ramI 10
� „(ii sir i ir��oi ,. ioi iris
�,' , ,' Viand to continue to meet the Community Rating System (CRS) requirements and maintain our CRS score and
insurance discounts.
Y In 2012, State Floodplain Management Office developed a Model Floodplain Management Ordinance for communities, written explicitly to
rely on the flood provisions in the Florida Building Code. FEMA approved the Model Floodplain Management Ordinance in 2013. Over the
past 10 years, DEM has worked with nearly all of Florida's 468 NFIP communities to transition to the Model Floodplain Management Ordinance.
➢ Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the minimum NFIP requirements for buildings
and structures. Nearly all Florida communities administer local floodplain management ordinances that are written to rely on the FBC to meet
the NFIP requirements.
✓ The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages communities to establish sound
programsthat recognize and encourage flood plain management activitiesthat exceed the minimum NFIP requirements.
✓ In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community's efforts that
address the three goals of the program:
1. Reduce and avoid flood damage to insurable property
2. Strengthen and support the insurance aspects of the NFIP
3. Foster comprehensive floodplain management
✓ Monroe County has achieved a Class 3 rating in the CRS, which provides a 35% discount on flood insurance premium and in April 2022,
will increase annual savings to flood insurance for 14,400 policyholders in unincorporated Monroe County to $7.5 million dollars annually. This
is an annual average savings per policyholderof$522.Cumulatively to date, Monroe County has saved policyholders over$24 million.
Amendments to LDC Chapter 122 and Code of Ordinances Chapter 6 are
critical for DEM to deem the County's Floodplain Management Ordinance
compliant with NFIP, and for the County's next CRS verification in 2023.
Item SA - Floodplain Management - U daten I m nt I t r 122
In summary, the amendment includes the following:
• Updates to the floodplain management definitions in Section 101-1.
• Establishes the purpose, scope and intent of Chapter 122 Floodplain Management.
• Specifies that Chapter 122 is be administered and enforced in conjunction with the Florida Building Code. The flood load and flood resistant construction
requirements of the Florida Building Code shall apply to all buildings and structures that are wholly within or partially within any flood hazard area.
• Establishes that Chapter 122 applies to all flood hazard areas within the unincorporated areas of Monroe County.
• Retains the reference and use of the Flood Insurance Study for Monroe County dated February 18, 2005, and the accompanying Flood Insurance Rate
Maps (FIRMS). (in current Code Section 122-2)
• Retains the provisions for the Permit Referral Process, Species focus area maps, Species assessment guides and the administration of development
review within species focus areas. (in current Code Section 122-2 and 122-€3)
• Provides updated floodplain management definitions for Chapter 122. (in current Code Section 122-3)
Chapter 122 FLOODPLAIN MANAGEMENT"
ARTICLE 1:. -- IN GENERAL
S.e!% 122--1..---General.
lad `:;tta kyc^•� Egg gL tucaxa, _•haN d-c-_Sag-awn as dl f^"lr �r+�rl site Maa�'lgeaaa>���_�9ara�r�arznce o >'�_Yeunro
(_cp¢arlty,11ac11a�rvFtc ac tcrl.tccI trr o,clutsrt�laa_"
�a a°talaa 1:_ltr maary rayi_Iau1� (rotttlu c tzrartcl la t ll ra vl ,tap--,,<ulll alcv tcrpvli o-tat_tl1 at a,as tz a11Yy a ll-Gala ac K1aaalIy
-------- ----- ---- -------- ---------
ithi a acy_fftlaavct Y_tturKlad a1c_rctz Ilac taatlrsa Vaatl_trat llasaatc,cl tea flu _suataaticrl5ff u1i cab t tnrt, dllit aracffi_ttr; -and
of-h- 1 S-Ac-_ualalalcave-n-ient, and Iutihly--aalsu'd- tievla, cart_ustlalctitrta altcl tie»a1x Ictrrevctatlru ,_curl aarcttac_rat.„.
�5 f I ,aaaaa ataaa a taaaaw a attl tla iam aaiaa a aiaia a t.cuelc R Ia1 .la a atry a a acut...a.aclo el t« 1a acluuaaaaa.te.ee cl and
tttataara a¢ta sat,uatalauecuauertb_,- rro<aau,a`t4taa--tact--x:rrt alo-aztatffa¢aaaaro rat_------c�alag'r=,t¢rolct' .5,rasarV ffa-c,llacle--_t------rlg- ____ _._......t_.........................................................................................................
„ . -- , rva a, as a Iry as the >� a, r. „ >try ys; flood
a„aWazaa at lrclraa tltc,f 1e�r�er/c�,�311r�r/raaz �..caa/a^, ��-ac,c,rroae.lDt.aru.,t�lV,a�aalli� caG re"a1�1a+.1u1c1an eat Ia�daa�aafdnc,taal�c,c�Yalasaao-...� �Iu�.,_p_a.e� IIy:.._a 11 v ¢u�_�1 q1 ._�.�➢a Vu. _I".lc aes"c�.._�aaale;Vt�t e eke 1 VU. flood ➢c_ap<� alauc 1. 1 l&o�U,t
ry
c,o-vu.aat.uiac„tucroaa aaa.auaaa.,a.iiaawpai„wt: flea, l late„aa�rr lta�slalaaaa t.aaala shall a a.W lea du➢ l ua11(Ia1.. alaa,l :t.aia,latariaa.attgci nrltian%t���uctalac ei,_1r1ar11c�aaas�,,.5.,-Irusl�aDirbalcaaua a�a�_z�ga�rucea_n�ru�t arv4 1�_bb��_��alra�_a,1�Ic,1afl,_r��aa.r ae-a�ntaaa�ll �_e�rzc�c,�_,. V. u t IC °k �.,
nt arltItor -tt aysttnw , aracG_crg _ , �glt „ba aa 1�1u1 a t b, l4g IGur a1 :. aaa a �u t1ha:x, a 4ki:ul tlRa ry:1 ad ,a,, o-(,
24 rel' a � as rlrvrllt'li. �.1 la„ak;tica agµrvw a�rvlutucltu crvV`tgaes^�t11�aa�lara�,�,that u�H,..�.fa 1•e,11a°a,,a�l� t�a��„P�"�aar�r's�"., a a„"aac�a..Tau tN1e extent
fanr�c�t➢ ntl a�taeu tu�t, ac rauc the, ...taaaiala der t"aa�a , �u ��uaa; aswtula1Ira Ia 1a„e rraa ....
tag laat c'crvarta°crll,Itt �
t�ca 6 lea�m tca llae :" a N�tatt e d: lattae° :can xut:, llratta�a are� aar�at. It ea aflattons. This cha a�ter
eula r a.cla -_tra y cvlci_nrt_aIac c raz_--re ilation in eff c¢ f�g'_Iua�aarl,9c;1p gat of cga aft�r��aaa��aat--_n$'lera>d hazard
aac<t_,hater at icna>I ra__ Iaatcara;�ccl tea Vac-Iclalalar ¢arecl t tl a ratraarw ai eau r ataytuatct oiiN itli aiici e rugrra 1pltive
to at r e tllc-_r,eaawanty-_r Iclaal ttc_a Iu1c�_m_ac11a1t Q_aX,ut not limited V,ca_land clevekataln lit To-f�u;ulatlrvlt,,, a aatvn
�acliu_rralac a t�al laa� tyre r aaa antra a raac°ork-ua lalatt crag x aa1t;-flea,r*lr�ti&l 1.30 slaaarx(;'car/ I his chapter does,
not revise cal„repeal any other existing a;crva niy cal"dina1'.0 e eve'regulation lea a ny way.
Item SA - Floodplain Management - U daten I m nt I t r 122
In summary, the amendment includes the following:
• Designates the Building Official as the Floodplain Administrator and provides for the duties and authority of the Floodplain Administrator, including
rendering interpretations of Chapter 122, reviewing permit applications and plans, issuing floodplain development orders or permits, providing substantial
improvement/substantial damage determinations, etc.
• Provides for the permanent retention of floodplain management records.
• Provides permit application requirements and standards, including for buildings, structures and facilities exempt from the Florida Building Code.
• Outlines the buildings, structures and facilities that are exempt from the Florida Building Code, and which require a floodplain development order:
o Railroads and ancillary facilities associated with the railroad.
o Nonresidential farm buildings on farms,as provided in section 604.50, F.S.
o Temporary buildings or sheds used exclusively for construction purposes.
o Mobile or modular structures used as temporary offices.
o Those structures or facilities of electric utilities, as defined in section 366.02, F.S.,which are directly involved in the generation, transmission, or distribution of electricity.
o Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials,and that does not incorporate any electrical, plumbing,or other non-wood features.
o Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble,or reinforced concrete.
o Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.
o Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code, if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps.
Sec.122 It).—Duties and➢I oiveies anl'the FlaaaadlWamna Aa nnmunnkh'alff.
m Sec. 1 22 31.. ttth m. ve10 mmnm�nut PaaaV �m m��iam¢rl i n HAS
➢ua:rt�n
1_aauaalpmlaraaln¢mlamxfimmtaat°x ctntmanmm--."lmcq_tactma� _ xa_at z __ta maramtta, tCta ➢m�adgllata t. @ .....D... .....
a t,amaumalraammmaa.narnum.nta.,Iaumauilanrdammlcu,nnnnannt. l➢.a.ia,arlc tammma.t.nam..limcpanny: lramtnaafilxnuantc.cltr3.:rnxama-
,a'ltnmrmnm trator, the p81b dillannna A�h,aIPTYinistrapoY n➢nrtl:�_cl6lf"p_,at mllldhV IX➢A Ykf k Cut-l ettain of hisor her �....�� � � [.....
duties tta_c_ot_Ca a raiala cu a ,. unn<aci a 1p.cann a t . annnpascsr%a:at crt umramnnm�aaunwavw'd rea,V a.taa x_rbF.....namm NrnA n aupmintlic.:d, fiaa a'luma In 2a.c:c nt......
.
to Gene!* a:unttnnan ntv. Hie l lcarac9 alaiiam apamonaaam afirnaficma a. aumfilaaari .c,wl and s.flno e.c tay,al tra daalnammaaasyfic am and- arana usucrma ame ancut mwa m6taal n.nn tllam:.>...w it,.atw,u arn, t1.ua...t icarru ca Liava�eAaara P..,uc a,. ..a6a nll.
awnm$tareg th ancuvision of aiis cim atlrn ltnc I llameadghtnnm Adam nnn t:rMor shall haave the aacttacprit r to l 1)R V.rp„m>'afudi° lcac,aue rrancl i_sarm traaawt cl tar umiauanrruura i1cucaal cldnmairm.r; ;
l ---- -------- l -- --- I ------ ------- ------- ------- --
reri-la..a oaotc,r r tii-tiwatn_s of this cha mta.s r aaan.,asfiavrufi�vutdm d.➢ar cant nmf,aaauat ar.at.aan.,s ca➢ tlar �i,:a atic;n sauaci nnr<m f ffta t a n tl�a l anat[aaa7.a.af to
an +.nvfi trlrrta traa7u. cylN a s:,M, arou l uilmn t� nr,naa m.,flaammat mc.,tu9tuna, txrrnam
L -------------t --------------------------------------------------------------------------- t - ---------- t - 1
l.m ciaea d,mtmd.,].craacV. z.n.i.c.lumainnm..,lamnp nneat Jnamm�td.,cp t+a. t1 M c,kt.%°n:.k. cvt irmnrh aennc~v 1.iman•Inng e.-arncpmthrumm..>aat tl:uc.
aaaaaaraa -,aaaei taaDafaz1i.0 yawafltg,ae z amn --lrrr _clbfia,c, n.na roam ha clarify_ t$ac__a)plmwratatara wnt t1--2nzca a trrat_a= ......... ........
dc,sign floods
Sec..12-2 5.. .�Buila kn r iic tad afi flood damage resistant nmater al - ,,rcia �n .
<a u�mmsn andmuaalmuaam:mtmuma�tnannnuatlV.auamlcHmmn, s �tnmmatumra,.�,mrnetrmmamintna,u, tloaumm�4laa �Crara.¢lea/Samrfmdrmr � t. design. r ,.� ._
m�m^marmin� t t,.4� &tca�a.,nnma.a.li�an:�mm.cal,lalua�anpaann�,��n:nw^r cic.atsna�l «;w.�t.:..r��Jnlawa��, tlnc alc,_n�na #lcuau�-1 cicaatt�an"a+an nnmca.ttluc.
,, ,.: . . .. rcji . . .,, .. are,e ,...
Caaatr>a Iaaa:ama�-nfitwaancc,tlosaon1w------- tritllto^:,ckn mtwa.MmanaVcfrrt=s, tnamaatisa --uaa---:mcplmtncs�tl.ltakraarw.;+za--ummat ... , . .� ., r.
„„
I � � ° � t na.clapx,au�mnm<nnts:..-aat.�Ga4,,➢- 1,�-c,.c,,rmfi that nuaannmm�ay.,vnnu<,➢ee:tmnc. �a"wnc,aw ra.clwaun.wcl fiaa an�alwfi,-�, ln.do :�.,n�a�t�
fucunmm i.l.uc f aar as rz 2inaala,drras t,.cswic, nnaa la.ncla¢as .mal staanmtn I nn.aa an cavcar czat cnn a.e a am sat.malastanatntml cia.mraa crl .,
---- -------- -------- �, L -I - allcl...fi„lca tri.c a.,ade a�aa7anxa airlemui,s a Ircn.ull.mtltwwi Ca��.cry fi➢.ae:....-ala .a�nm flood alevartn.on laa-crrncieal.-thart..ft
4 d — — —
,a,nc,la l mmalalmnm t.nm,natmarc„> nm.cl I a.,ml.atncs sBn all lre<le.yn a.mwai nm.cl „s ua t.naac tact nr.,ac,c,ean.clannc,a a atl:la:the flood ,.. w
- t>s _ � camna.t,,rannm fica;a.11 cut tlm�.....gancra u..,na.,rnn,.�cut filaw,c,la,c.tama.sni la�artl as&..-�nianlwia.nn:�"�..-c,n¢laa c9a...-aatll7ca.Imc,a,-ksni�nnt a.,�cf�t1T.1
l-o-ad aaac9_ffcNod r ;.taint c<acius[m o¢tncaaa_t caann rrtaauf>of- SC 24. Structures cXcsa�at 9uaanau_G_(ac t I-om eaar8 icur v�8 1c7aw at as ns.
Hnildin,g Code that arencat walhA and roofed bannlwlmnagp shall c'acmm�napal with the requiremm eats of section
122-3 l of this chapter.
Item SA ~ FloodpUa^n Management _ U date Land DeveloRM2plCodeiChapter122
In summary, the amendment includes the following:
* RequineaallonoonvensiunAmreenxent - formogroeingtonotnnnver or modify in any manner that is inconsistent with the terms of the building permit and
Chapter 122' for enclosures below elevated buildings, certain crawl/underfloor spaces, detached accessory structures, and garages.
(in current Code Section 122-7)
1-h-e ov,,-n-el all-d recorded ollthe pnq�eqy - in Official Records of the Monroe ".' ("Ilerk of
° Provides the standards for site plans and construction documents.
* Provides inspection standards to determine and/or confirm compliance with the requirements of Chapter 122 and the conditions of issued floodp|ain
development orders orpermits.
* Retains the required inspections of enclosed eneoo below elevated residential structures. (in current Code Section 122-6)
* Retains the F|oodp|oin Certificate ofCompliance Program (request inspection ofmnenclosuny). (in current Code Section122-7)
* Maintains and updates the Variance procedures (in current Code Secbon 122-5) and provides for 8 new variance for at-grade wOtflVodoroo@ed accessory
structures inA/AE Zones that are larger than 800 eq. ft. but not larger than 1.000 eq. ft. in size.
o FEK8A issued Policy #104-008-03 in Feb. 2020 with NF|P design and performance standards for accessory and agricultural structures which
Item SA - Floodplain Management
Update Land I
Motion/Vote
Sec.6-55.-Building department.
Item S.5 - Floodplain Management - Update Code of (a) Organization and admintstration. There is hereby established a department called the
B-building Ddepartinerit headed by the B-building 0efficial- Upon recommendation of the
Or din sand Construction Ce-ounty Aiadininistrator, the department :shall be assigned to the division of county
government that the B4oard of Ge-ounty Ceommissioners, determines appropriate- The
C,caunty Aadministrator with the approval of the Bboard of Ccolinty Lccirimissioners shall
In summary, the amendment includes the following: designate the 134uilding Gafficial-
• Updates the purpose and scope. Adds definitions. (b) Employee qualifications The Bbuilding Oafficial shall be licensed as a building code
administrator by the state.All appointed or hired inspectors and plan examiners shall meet the
• Addresses the administration of the Building Department including the Building Official's qualifications for licensing in the appropriate trade as established by the state-
authority and duties (including the provisions of Ch. 122 of the Monroe County Land (c)Building officiai authorihi and duties. In addition to the jurisdiction,authority and duties that
inav be conferiedupon&Building Official by otherprovisions ofthe Monroe County Codes:
Development Code as the designated Floodplain Administrator). !-The atmilding 2,afficial shall have authority to administer,interpret,and enforce provisions
• Updates the references to the Florida Building Code; and for clarification and other of the Florida Budding Co : Aeedplaifi m2aiagmnen4 r gpalatieiis, and this chapter. Such
purposes. authority,jurisdiction,and duties shall include the following:
(1)To process building permit applications and issue, void, rescind. suspend, and revoke
• Includes Local Technical Amendments to the Florida Building Code (higher floodplain building permits an&or applications-
regulatory standards than the FBC). (2)To inspect sites,buildings and structures as required by this chapter,the Florida Building
Sec.6.145.-Certificate of accupauc-.%y. Code and the Standard Unsafe Building Abatement Code;
A building or structure shall not be used or occupied,and a chance in the existing use or occupancy (3)To issue-void-rescind,suspend-and revoke certificates of occupancy and certificates of
classification of a builclzxu or struacmire ux nrtion thereof shall ne t lroe made until the BuAdin- completion;.
Offic:ial has issued a certificate of occupancy as get forth in Section I 11,Florida Budding Code- (4) To maintain building permits, financial- and ether public records relatpd te; of the
In addition to the requirement,;of Section 111,Florida Building Code,the following is required: depa1tmentL&aff4u--s:
(a) Req,4ipd. Nn nev.,hudding sliall be oeeulme4 or a ehange made in the oeeupafiey ef (5) To establish such policies- aa4 procedures and rules of procedure necessary for the
e3ustilig building Hvtd aftp*the bimIld-ing offietal has issued-a�PF�ifipate efePeupaney. administration of his or her responsibilities under the Florida Building Code and this
(ab) Issuance of certificate of occupancy. Upon completion of construction of a building or chapter-,
structure and installation of electrical,gas,mechanical,and plumbing systems and after final (6)To provide a recording secretary for the purpose of keeping the board of adjustment and
inspections,the 13building Oefficial shall issue a certificate of occupancy,_provided he or she appeals-
does not find violations of the provisions of the Florida Building Code-,this code or other (7)To apprise the Construction Board ofAdiustment and Appeals of all facts and information
laws- including: iqsiie Pi rp#ifiPatp of eeeupEffley if he ai-q1w t1i- #he eempleted at his or her disposal with respect to matters brought before it;
eon etien under t4e applieable peFmi;� (8)To apprise the Contractors Examining Board of all facts and information at his or her
(1) Was found in compliance with the Florida Building Code and this chapter disposal with respect to matters brought before it;
Was found in compliance by the Pplanning Ddirector with part H of this Code and the (9-7)To be the official authoritative source to render interpretations of this chapter and the
Floodplain Administrator with Chapter 122 of part II of the Code, Florida Building Code;
(3) Was found in compliance with fire prevention and life and safety codes by the fire (IQ4 To,enforce provisions of the Florida Building Code and this chapter_a0_the_MQLkMPPw
marslibal,where applicable-,and ofCh 122 of the Monroe County Land Development Code(part 11 of this Code)as the
(4) That any on-site sewage disposal and treatment received an approved final inspection, designated Floodplain Administrator,
where applicable- (H�)To issue stop work orders-
(bbe) Debris removal.No certificate of occupancy shall be issued unless all construction debris (12)To issue cease and desist orders an&or cease and desist letters;
is removed from the site. (13)To prevent any imminent threat of any,violation of the Florida Budding Code or this
(c,4) Revocation of certificate of occupancy.The Blauilding Oefficial may revoke any certificate chapter--,
of occupancy, if a false statement is contained in the permit application upon which the (14) To prepare and submit petitions for declaratory statements to the Florida Building
certificate is issued or if subsequent use does not conform with the larid use(zoning)district Commission-
in which the structure is located, or as authorized by the Porida Building Code or pursuant (15)To prepare and submit requests for non-binding interpretations of the Florida Buildin
to this chapter. Code to the Florida Building Commission an&or Building Officials Association of
(de) Temporapal cevq�cate of occupancy. The Bbuilding Gafficial may issue a temporary Florida-,
certificate of occupancy for no more than 12 months for portions of a building that,in his or (168)To conduct all other such duties and responsibilities as are othenvise required by the
tier determination,may be safely occupied prior to final completion of the building.
Florida Building Code and this chapter-,
Item S.5 - Floodplain Management - Ordinance,gpgate Code of i iConstruction
In summary, the amendment includes the following:
• Updates the purpose and scope. Adds definitions.
• Addresses the administration of the Building Department including the Building Official's authority and duties (including the provisions of Ch. 122 of the
Monroe County Land Development Code as the designated Floodplain Administrator).
• Updates the references to the requirements of the Florida Building Code; and for clarification and other purposes.
• Includes Local Technical Amendments to the Florida Building Code(higher floodplain regulatory standards than the FBC).
1. Continues to require FEMA Elevation Certificates
2. Continues to require a V-Zone and Coastal A Zone Construction Certification Forms
3. Continues to require declarations of land restriction (nonconversion agreements) for enclosures below elevated buildings
4. Continues to limit the size of enclosures below elevated dwellings (299 square foot enclosure limit)
5. Continues to establish minimum foundation requirements and alternate engineered foundation requirements
6. Continues to require replacement of exterior mechanical, plumbing and electrical systems, equipment and components to be located at or above
the base flood elevation identified on the FIRM that was effective when the building was originally permitted
Item S.5 - Floodplain Management - Ordinance,gpgate Code of i iConstruction
Local Technical Amendments to the Florida Building Code (higher floodplain regulatory standards than the FBC).
1. Continues to require FEMA Elevation Certificates
2. Continues to require a V-Zone and Coastal A Zone Construction Certification Forms
3. Continues to require declarations of land restriction (nonconversion agreements) for enclosures below elevated buildings
Technical Amendments:
Florida Building Code, Building, /I Edition
107.3.5 Minimum plan review criteria for buildings. 1103 Required inspections.
The: examination of the documents by the: building official shall .include the followwrin,g. The building official uupoxh notification frorn the permit holder or his or her agent shall make the
minimum criteria and documents- a floor plan; site plan_ foundation plan; flloar,fraaf followwfing inspections,and shall either release that portion of the construction or shall notify the
framing, plan or truss layout; all fenestration penetrations-, flashing and rough opening, permit holder or this or her agent of any violations which mulct be corrected in carder to conhply
dimensions;and.all exterior elevations: -with the technical codes. The bhuildxrhg official shall determine the tinting and sequencing of
Commercial �.Buildi ,�iar�r ur�ai s�i•�air�ra�Buildings: vn wheninspections occur and what elements are inspected at each inspection.
��;
S. Structural requirements shall include': ]wilding [part'al z iuou:?H1
Soil conditions/analysis
Termite protection 1. Foundation inspection.To be made after trenches are excavated and foams erected and shall at
Design loads a nnininhuunh include the fol;loww irhg building connponents:
Wind requuirements . Stem-wall.
Building envelope . Monolithic slab-on-grade
Impact resistant coverings ar systems
Structural calculations(if required) • Footers/grileade
caps
Foundation
• ]Eootens,rgrade beams
Flood requirements in accordance with section 1612, including lowest floor 1.1.In flood hazard areas, upon placenhent of the lo-west floor, including basement, and
elevations,enclosures,nonconwersnanagreement,V-Zone and Coastal A Zone prior to fiurflier vertical construction, the FEMA Elevation C-ertificate
elevatie
Construction t;'-ertifroatiou Norm,flood..damage resistant materials
shall be suubxhhitted to the authority having jurisdiction.
Wall systems 5. Final inspection.To be made after the building is completed and ready for occuupancy.
Floor systems 5.1.In flood,hazard,areas,as part of the final inspection„final l;ENTA Elevation Certificate
Roof systems 9 final eei4i efifie i of the lowest floor elevation shall be submitted to file authority
Threshold inspection plan lhaving jurisdiction,.
Item S.5 - Floodplain Management - U Florida Building Code, Residential, 7 Ih Edition
,gpgate Code
of Or i t r6 - Buil P,322.2.2 Enclosed area below design flood elevation. Enclosed areas, below new and
substantially improved one-.and two-family divellings,and.below lateral additions to one-and two-
Construction family dwellings. including crawl spaces,that are below the design flood elevation shall:
1. Be ugedsolely for parking of'vehicles-building access or storage-
2. Be provided with flood openings that meet the following criteria and are installed in
Local Technical Amendments to the Florida Building Code (higher accordance with Section R-32222.1-
floodplain regulatory standards than the FBC). 2-1.The total net area of non-engineered openings shall be not less than I square inch(645
4. Continues to limit the size of enclosures below elevated mm2)for each square foot(0.093 m2),of enclosed area where,the enclosed area is measured
dwellings (299 square foot enclosure limit) on the exterior of the enclosure walls, or the openings shall be designed as engineered
openings and the construction documents shall include a statement by a registered design
professional that the design of the openings will pro-vide for equalization of hydrostatic
RESOLUTION 193-2014 flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters
A RESOLUTION AMENDING EXHIBIT I OF RESOLUTION NO.440-2011 as Specified in Section 2.7.2.2 ofASCE 24.
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY 2.2. Openings shall be not less than 3 inches (76 nim)in any direction in the plane of the
APPROVING A 2014 IMPLEMENTATION PLAN FOR THE FLOOD
INSPECTION AND COMPLIANCE PROGRAM FOR SUBMITTAL TO THE Wall.
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) 23 The presence of louvers, blades- screens and faceplates or other covers and devices
NOW THEREFORE,HE ITRIKSOLVED BY THE:BOARD OF COUNTY shall allow the automatic flow of floodwater into and out of the enclosed areas and shall
COMMISSIONERS OF NIONROR COUNTY,FLORIDA: be accounted for in the determination of the net open area_
Sytit ],'The FUCC hereby adapts INhibit lintfinched h—l.'2014 InapIcuuminion
Plan for Mone"county Fluor!Insturrasture Inspection and,Compliance Progrann", 3 Shall not be more than 299 square feet except for perimeter wall foundations
��figp The County Administrator is directed to expeditiously transmit this Resolution I (crawl/underfloor Spaces)with wall heights less than 5 feet.
and,unt.hedexiobit to the Region IV Orficaof FFMA. R 4. Nonconforming enclosed areas of 299 square feet or more belovisr one- and tw0-;family.
F ernedW
dwellings existing,on.April 12,2004 shall not be modified,improved,or expanded unless,the
PASSED AND ADOPTED by the Bayard ofCounty Courruissioners of Momcc County,
Florida,at a regular meeting held on the Zorn day of August,2014. enclosed area are brought into compliance with this section.
Mayor Sylvia Murphy Xea
Mayo'Pro T, Daxxny Kelh.gc
Commissioner ll'.ths'Carottha's P,322.3.6 Enclosed areas below design flood elevation.
C u i,,knta.(is ge N-g-1
C.—issicure, David Rice ype. Enclosed areas below the:design flood elevation shall not be more than 299 square feet and shall
EXHIBIT 1
2014 IMPLEMENTATION PLAN FORTHE MONROE COUNTY be used solely for parking of vehicles,building access or storage.
FLOOD INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program 1612.,4.4 Additional requirements for enclosed areas.,
Monroe County has 5 Hood Inspection Programs tnclsndmg:
I' Inspection on Transfer of Ownership(Sale)
Z' Limited Square Footage Below Base Flood Elevation(Maximum of 299 square feet) In addition to the requirements of ASCE 24 for new and substantially improved residential
3. Chapter 122 Land Development Code Floociplam Regulations,as may be amended from time to time to maintain buildings(limited to multi-family divellings, apartrnent buildings-._and condominiums)and lateral
consistency with FEMA Federal Regulations and State of Florida Building Code Regulations
Ii. Certificate of Cornpidince Program additions to residential buildings (limited to multi-family' dwellings- apartment buildings, aind
51 Inadvertent observation of illegal structures betow base flood elevation in accordance with Florida Statute 553.79
Section 17(a) condominium&),enclosed areas below the required elevation shall be not more than 299 square feet
in area per dwelling unit.Nonconfb=11I.Ia enclosed areas of 299 square feet of more existinz o
April 12,2004,shall not be modified,improved-or expanded unless the enclosed areas are brought
into compliance-
Item S.5 - Floodplain Management - Ordinance,gpgate Code of i iConstruction
Local Technical Amendments to the Florida Building Code (higher floodplain regulatory standards than the FBC).
5. Continues to establish minimum foundation requirements and alternate engineered foundation requirements
1612.4.3 Minimum and Altem-nate Engineered Foundation requirements. Design and R32,21 3A Minimum Foundation Re-quiremuents. Design of the foundation system shall be
construrctiorm of foundations in Special Flood Hazard. Areas shall be mrm accordance, with time provided by a Geotechrmical E,ngnieer registered in the State of Florida in a site-specific.
nminiinum requirements as set faith in 1612.4.3.1 or 1.61.2.4.3.2_ geoteclinical report submitted) per requirenients of Stction 1803.6 (Florida Buildinz Code,
Building).The foundation design shall be the more stringent of recomunnendations of the report and
1612.4.3.1 Minimum Foundation Requirements.Design of the foundation systenn shall meet the following mnriimimi requirements-
be provided Iby a.Geotechnical Engineer registered in the State of Florida in a,site-specific l. All stnuctuares or building fowidat.ions shall be anchoredlsoclneted into natural rock..
geotechnical report:submitted per requirements of Section 1803.6.The foundation designn This includes,, but is not limited to,auger cast concrete piles,, precast concrete piles or
shall be, the more stringent of reconmmendations of the repor# and meet the, following wooden a�T
minanunm requirements. ? All concrete oding
shall have full depth re nforcin to of ectivel ,resist the internal.
1. r�lauds':, but is not limistructures or tng ed tied.to,auger ations u shall be aruolpaared'socl)reted intonata.ural rock,This forces mduc d b thewithout failure,dean n loads,au�
concrete piles,precast concrete piles or wooden 3. All Jilin Ball be a%shored to the natumral rode with a 14 inch,minimum diameter
PALL
lateral
socket and a
to resist the
full th reinforcing to effective) resist the intemal 4. The rpM�Lile fu ua dation WppW
uric embedment of fo
All concrete il:iiu shall havefia
forces induced by tlue design loads without ffailure. �l r'e uirerl s stem s be designed
3.All Piling shall be anchored to the natural rock with a 14 inch minimum diameter au iced loadin for ann ainsui orteil hen lit defined b a furl scour condition.The sonata aactieant
socket and a mirnimi nn embedment of 3 feet. docunnents shall iruchude a statement that the design has been completed and certified
4.The mle foiind ration suu aoit s stein sliall be desi.,ned to resist the re, mired lateral loading for a full scour condition for lateral stability to the elevation of the suppoftijj rock amid
foi an uuins a)rted luei lit defined b a full scour a oruclition.The cc nsti auction alocurneiits in accordanuce,avith AACE 24.
shall rfileui E s atellt Ef)loot ffl1 rSsu ilw l3 b al canmTjtitf�aiir�_ceitified cwn_4fuilwl gco3tum 5 Bile embeAdment shall include consideration of decreased resistance cappacity used by
conditWimi for lateral stability to the elevation of the supporting rock and in accordance scour of soil strata surroundiiig the piling and have adequate rock penetration to resist
avith ASCE 24, the combined wave acid wind loads "lateral and uplift).
3.Pile;embedment shall incluicle consideration of decreased resistasnce ca acit r caused bw Florida Building Code, Residential, 7th Edition
savour of soil strata surfowidin thesiling acid have ade uate rock ienetrition to resist
the combined wave airs)wind 1 :s...lateral and�u)lift`
Florida Building Code, Building, P Edition
Current Code:
122-3(c) - All building Foundations shall rest directly on natural rock, on concrete puling driven to rock or on Friction piling (concrete or wood) and shall be anchored to such rock
support by holes, 16 inches in minimum diameter, augured into such rock a minimum depth of'three feet and reinforced by a minimum of four#5 vertical rods extending up into the
piers above a minimum of 18 inches and tied to the vertical steel of the pier. Wooden pilings shall be locked into 16-inch auger foundations by at least a #5 rebar extending through
the piling and three to five inches beyond.
122-4(a)(1) - All new construction and substantial improvements shall be adequately anchored by pilings or columns to prevent flotation, collapse and lateral movement of the
structure.
Item S.5 - Floodplain Management - Ordinance,gpgate Code of i iConstruction
Local Technical Amendments to the Florida Building Code (higher floodplain regulatory standards than the FBC).
6. Continues to require replacement of exterior mechanical, plumbing and electrical systems, equipment and components to be located at or above
the base flood elevation identified on the FIRM that was effective when the building was originally permitted.
[BSI 503.2 Flood hazard areas.
For buildings and structures in flood hazard areas established in. Section 1612.3 of the Florida
Building Code,Building.or Section R322 of the Florida Buuildnng Code,Residential,as applicable,
any alteration that constitutes substantial improvement of the existing straactuu•e shall comply vvitln
the food design requirements for new construction, and all aspects of the existing structure shall PdIcyboWs may, d a mIlgaUlon dscourlt II[Cerl)adn cmewI
be brought into compliance with the requirements for new construction for flood design. MaCll wid Equ.rdpment(M&E and ap tdWces si-Oldnig the
buIIld ing,lil dde or,out due bril�Idn are a to of beast
For buildings and structures in flood hazard areas established in. Section 1612.3, of the Florida Ie elfin af ft floor,above the buJldddna first fk)ix.See RM
Building Code,Building,or Section R322 of the Florida Buuildrrng Code,Residential,as applicable, SeOm 3.dd.C.6.a,for a dd l of the M E that must be dal to
any alterations that do not constitute substantial innlrrov-ennent of the existing stnictuure are not receKle the dldscount
required to comply vvith the flood design requuirelnnents for nevv constr"<uctiorn,except array exterior
replacement mechanical, pluunbing and electrical systems, e uaap_pr i-nent and components shall be
required to be located at or above the base flood elevation identified an the FIRI+w!I that was effective
below the base flood elevation rignll enti tte on the loi est floor of an existing building is located d'�M i R Jiin r',�con,2O2f
when the building vans originally rrraitted If the
FIRM tlat was effective ivpien the building dr,rre z> U P ATE
originally permitted,the replacenaerat mechanical,plumbing and electrical systems,ealu)ment and.
connponernts shall be located to or above the lowest floor elevation of the building Elevation of Machinery Equipment:ent:, The li and
[BSI 701.3 Flood Hazard Areas the CRS Class 8 ReqUirement
In flood hazard areas, alterations that constitute substantial improvement shall require that the
building comply with Section 1612 of the Florida Building Code,Buurldin or Sect"� g g. corn R32'?of the ° Freeboard(addlitiion�al height above the base flood elevation)for kfre lowest finished flood
co
Florida Building Code, Residential, as. applicable. Alterations that do not constitute substantial of buildings is important.Freeboard results in reduced flood losses,significantly lower
improvement shall be required to have any exterior" replacement mechanical, plturnbing anal flood insurance premiums,and more flood resilient property owners and communities.
electrical systems, ecllaaipment .and components located at or above the base flood elevation also important is the elevation of machinery and equipment(M&E)associated with
identified ont;he FIRM that was effective when tile building was originally permitted.If the lowest buildings.M&E being protected from flood damage means fewer,National Flood
floor of an existing building;is located below the base flood elevation identified oil the FIRM that Insurance Program(NAP)claims,For some communities,Put&E being protected can mean
was effective ivIlen the building originally permitted,the replacement mechanical. phunbing,and fewer future repetitive-loss properties,
electrical systems, equipment and components shall be located to or above the lowest floor For the CIRS Class 8 prerequisite,the requirement is for residential M&E to be
elevation of the building, elevated to at least the base flood elevation plus one foot—with an exception.This
requirement comes directly from the.model International Residential Code:(IRC).
Florida Building Code Existing Building, ]tn Edition Since 2015,the IRC has required M&E to be elevated with the;exception of specially-
E" evating machinery and equipment can reduce flood risk,red uce the costs of post,Hood darnage repairs designed equipment.Floodproofing around M&E is not allowed in the IRC and is not
system restoration and fadhtate recovery after Hooding events. sufficientro meet the Class 8 prerequisite.Federal Emergency Management Agency
Item S.5 - Floodplain Management
Update Code of Ordinances, Chapter 6 - Buildinqs and Construction
Motion/Vote
Items S.6&7 - Floodplain Management - ive 1:11 n and Land Deve101Dment
Code
In summary, the amendment includes the following:
• Increase the maximum height of residential buildings to 40ft, which would be available after the adoption of and on the effective date of
updated FIRMs.
• Intended to address additional difference in elevation due to a change in the updated FIRMs requiring the use of a new datum (on
average there is -1.5-foot conversion), potential increased base flood elevation requirements with the updated FIRM maps, and changes
in construction requirements based on revised base flood elevations, including the new boundary for the Limit of Moderate Wave Action
(LiMWA)with the requirement that properties within the boundary be built to VE Zone construction standards.
• The height limit change to 40ft would be based on and triggered by the adoption and effective date of updated FIRMs.
------------ -----------------------------------------------------
All new FEIVIA mapping elevations will be in NAVD8 "
/ " /r'J rfi i lev bon In, Elevations In
Ply ! r it
/11 fi
/f
,.
op/U r/
III
rk,e :.-.zr r,�,nrnv // /
/ailrr!/% " %/l v !% r li0i rj/rAi A
n� %
a r
I 17 I IILD,
p,,,,,,,,, ,,,,,,,, ,,,,,,;,; ,,,,,,,;;,,,,,,,, ,;,,,,,,, ,,,,,,,,, ,,,,,;,, ,,,,,,,;, ,,,,,,,,, ,,,,,,,,, ,,,,,,,,, ,,,,,,,;, ,,,,,,,,,
Effective(2005) FIRM FEMA Prelim FIRM County Appeal FIRM oil, l
BFE 7 BFE 9 BFE 9l
Potential BFE increase of2ft Potential decrease in starting base measurement point by-1.5ft
Items S. 6&7 - Floodplain Management — date I lei lit limitinCoa nsive 1:11an and Land
2D 2e yy 2e!12 p Mm 2e En It SCi og dg.e2
In summary, the amendment includes the following:
• Increase the maximum height of residential buildings to 40ft, which would be available after the adoption of and on the effective date of
updated FIRMS. After the adoptiorix mar ora the e-fkalVedailie-of ziLkeiateci FENU Flocxl Ins;urgire Rate,
Example scenario of amendment: -foot uti�Fs vNrh1ch do.nrit exceed
............v,............ the 35 skibstaritial
RE/ /// R� P W1111111/'
W7�.................
vt� A
. ..................... I i(I vVithill th" ec"al Flood Hazard Area shall ha:ve a faiax'
�, oc�ateat�i � i MIUM
40ft limit kWEd e1evaticrinj based o.ri
No tirtl 1pfflimm"W1(0 fhe Rnrruia
req� Irfi
........... ........
35ft limit A.44J I ciaffkao,d
Ri.7,,ard Area that are substaii.tial urnpr hta�ve a.niiaxitnu-Lm he4ght firniit curt
........................................................................................................................ ..........................................................................................................................................................................................................................................................................
feel. vri. o�irder u..) elevrite the add:11lop. to the. nyr Elevated do ............................. "rca.....,t'rra red, flc,,cj,d
Now BFE el.evation.
...................................................................
Adi&�t�orts,to la :1.1 estAlvl.;'hed exil��Ssde' I diris.s v thar.the S c!:al Ft c�,cj,d
.................................................................................. ------------------ ........... ...................1............................ .............................................
Ww BFE
..........
sarsr• ..........................................................................................................................................................................
c-if 40 fiept.,�id C.h.e addition nets the.,Formia.EtahL?Ig(-"oeieflood elevatlxml
. ......................................................................................................................................................... . ..................................................................................
B.,i.7.,ard Airea that are imat,su]bsta.z.i.l i.a.1��M' !C sliall hav arriaxAnaiijrn. ]a i lit I
... New BFE ................. ...................................................Lr...................................................................................r 9...................1!.
based on iri.P1.322 2 1 aaid R322.3.1 th.e. layvfudly esabl..i.......h. tt.......updated l ed exisingbuild'trig shall not
r. :r.!'�f ti9 n f,.)f 4()
Example image is from FEMA P-758 FIRMS j.............. .............
Figure 6-9. Lateral addition to a postFIRM building in an A zone (a map revision has increased the BFE). The
:A. t a] Flood 1.1ag,'m—d Area f1halt naeets -[,.he
proposed work is a lateral addition with no work in the original building and no structural modification of the common P ........................................................................................................................................................................................................................
regalued flood A. 1j.TrntA')
wall or roof.The work constitutes a substantial improvement. Because there is no structural modification, only the ........... of th -L.,rL.)(late'd FIR.M.'s gilye'l.l. a f
addition must comply with the effective BFE which is higher than the BFE when the building was built If instead the 4()fm et. hi.no'case shall
f 4,
or a 1aw7f I Idir 2, all , exisia resideriti fial buildii L� exceetli'i�a fi a irnaxirriumn heit-71it: o0
proposed work includes work in the original building or structural modification, the addition and the building must hmi
comply with the effective BFE.
..................................................................................................................................................................................................................................................................................................................................................................................................
Lateral addition and Addition required to con"ittly; Additron required to comply,building required to 1.1.r2f.1 Pd FENA.A. FIR.Ms aie the Ma. . . . . ? to FENIA Flood histi:ra.VIce
.............................................................................................................................................................P........ ..................................................................................................................................................................................
Rehabilitation,S11111 building required to comply comply sera Note below table &1h.w c
Lateral addition,rtgt.5 11.), wid the �,,icconj.panying Fkaod him.urain e Mate Maps, dati..A.Febtajia. 18,.2i(05.
.5-1 ........................................................................................... ........................
.5_1 Addition riot required to cornpiy Addition requited to be elevated to at least the
elovation at the existing lowest floor
Lateral addition,S1,not Addition required to con"ittly; Addition required to complystrudUrally connected building not required to comply
.................................................................................................................................................................................................................................................................................................................................................................................................
Lateral addition,S1, Addition required to rornply; Addition required to comply,building required to
Structurally connected building required to comply comply(see Note below table)
Items S.6&7 - Floodplain Management
Deve101Dment Code
MotionNote
Item S.8 - Floodplain Management — Amend LandI m nt I t I ail
In summary, the amendment includes the following:
• Requires updated ROGO/NROGO scores triggered with the adoption of and on the effective date of updated FIRMs.
• Requires applicants to submit plan revisions to prior to permit issuance, demonstrating full compliance with the current Florida Building Code
and the updated FIRMs,for permits requiring an ROGO/NROGO allocation
Sec. 13S-25. -Application]P`rocedure;s for Residential ROGO.
.
k IIC ¢ irm.tirai,¢*am arof1..,,mmVmmar; mruu ma:uir.°a 1,1 m rliurxrt;m,.u.uu.rinM1ro cur errsrnn !nm. d.hr, F.M1,..J4,..m�.�.,a t uaur,rur¢o-m ...a.:�a.�a 7 S eca�z7 cnadlacs�eaFdaae�rs. The ovnnnsslxalllL��ssv assigned allocation applications
J C J �' .� �p � PP
e°"i, . • r F' ,, e , e- ., for proposed dwelling unit(s)to provide a disincentive for locating within certain coastal
the F.f,.alrwe elate of tlur tnprlakrd ri � Fllrrrud in uuna.uare Fat. t1ap.,.M airurl all Huth kaplwlmti agnnvua
cony 7et r n tfr"ut lax e nant rea eu e1 an alllocationu award tuna the ti ifecta a date of high flood hazed areas:
lnn iumu tivatlxt.:d lair
. . „
Pointe Assignment: Criteria:
the anpd'atud FF�1 flood 1n urauce FEte l &iated sadl . ... -6 Proposes structures requiring an.allocation within V'zones orn the F'El`>LA
ampwulmte(. laa s..ed¢..n t11.( ivailrrllated F1-ft�A „Fx.xa�i In ruaau ce R rte Ihw�,ml (.1. �f� ifµ�til iil i FFM.- Flood
. flood insurance rate... maps.
s.in a:i acehas Maputthnnapadptedrlegjiuu t to iF �1A blood In tir n e %ttxlw an� 1he... ... ...w aruvrrrarn w:uY , l lraraxl I.mstai anc;e Rate l"�lary� lr7t cll l �laa¢umiu� I�sM ntV� i„ ruaml rruicpnualrrl law u p v�uru,un -4 An application for ww�hichdevelopment is proposed wwrithina,CBRSunit.
y,y All:n:a he atre,rwu.as uun or erz6.e aarag rrotaa tine ROGO tavuuA rasa r ii rften the,f&es,UGww= rta0.4 l'afar na a atµrl
within Ali 1. ufth, 1w.launzaw 1,wuauntvi..,ntaulp�e,elVrvpwtnleratrvala..,. �....�.. .. ... ...... 1 ...... .....
..... ....... ....... .... .... .........
FEMA aw¢; . ; .0 aaram ..:.. :..:.
1 Revisions a ur nm�permit applications requiring the a coatuon s . building permit . „ a i r a t v that
. ..
have not arce ed in afloiaiaOn a:r;a d on the eftr,ctne dale of th+ nup,ratau at.F'F+MA V�tood pni iai n e
application for a proposed dwelling unit re-quilmg a ROGO allocation must,be approved prior tine ... .. ...... ... .. ... ...... ... .....
N ate Tw ap „ htp;p haws u,; e mtal,pr2.ri an x.or rree� nu,x teat gmigiafi uapaltata:¢�,pay eel r at tNua arproated FFINIA
%uulernittin a ROC.iO application. In the event that the FloridaBudding f,a"aoJe�a:rual;m arr 1, FPuEl!l File ani
° pl Flood Insurance Rate Sy"Z;11 lFll.:�t,y. Updated FI�+.JIVI^� l,l,00d Insuarancc Rate M,N-3 Aire the mt:ll:ap"t.
........ .....
4,p ., A...., . , .., ..
lun,.,r.utanra..w .l1.at,.v .,u>ian. pp ll,.lwt1 i is amended l...tnrr,,. .u¢ tl.uw,, slant, tll�,�.wt a .lN..,, wa1.t ,.k..ulna.«utnuvan, u., ,,aw.auu,uttt..u,l a ,.:, � :ry � e
l � � l l altr�ugak...�rt „,soli cpnaiamuk kax FiFtvuf� t^ia.arroct fau�uznanae ,krac.11 axurai t.fla. egxaa rntuauu'�nv.�:l-t nit lfn..,murcaui� ,t�.au�.
,,... ,,,,. ,:,. . w a
and the date on wwl>n h a flatuwlduru permit, requiring the ROGO allaw�atrort s applied for u.. n ;,aua.u.l t n". e t
l g g � � pp lttapxa,...atant.i1 V a CN.ttaraug V ?.,�.. V p 7„axA�uarralrrarl�.:at L't xetgt ra a awal,,Namun N.rr 1,., euf ttn.:..a�l�raatxe..x.:nmana�t}
(Which follows the date on which the required allocation(s)is awarded),ifnecessan-y°,the apj.Nlou:a.u.at 1) R elly.rtament Caaate:
la„alp s ubrrurm p iuxk tc t1w, Ilvuada;trlu'g I°e gluuP ul rkuarru sln ,,uaPuvk,l full u?',ath
the, cu.ur r �� aaa„n'rx,auuu:l i°1uP., ska�laullnkr���l 1"l�jt.Ff in effect. These plan sewmttacuns shall tees t„,out r"heir rrr,l,a air al' : t,..
submitted ivithin 180 days of the ROGO, allocation award date or the applicant shall forfeit the
ROGO allocation aww.-•ar . Following receipt of the plan revisions_ the Building Department shall
re 4-iewwr the revisions as if the application its new(however retaining the same(building permit number
for administrative purposes)- based on the building; code and....:ihe malrpta rl i f R.M., for compliance
prior to issuance of the building permit,requiring the,ROGO allocation(s)by the Building Official.
Such mandatMr revisions and review are limited to the modifications, necessary- to demonstrate
compliance with the Florida]B-uilding;Code am.d the adoln IF.!..te�.j in effect at the time of(building
fir.. .; lay 6::� ... .. wmt I aaa t rraa E2.2ala!2! a 2 Ish� .
permit issuance- l-kali�... :° n l Ir
that a�ffcl t the ferret rnp..f. o a dwelling�...:�uaimnt„ nn,,p:r au ew n;;:l ,arinn of habitat or incira;e ffi height t of
... p F .. l
the struait taxi e h�ull'll lam;:rea ion.wu ed l rt Compliance i ance au atfu tl:a l ararl l le elVM.rpus tent Code in effect-al the
...... .. ....... ........ .... ....... ........ ......
tannaerOf.perrruita uzrroa:;e.
....... ...........................................................................
Item S.8 - Floodplain Management
MotionNote
.........................................................................................................................................................................................................................................................................................................................................................................................................
Addendum to the 2017 CRS Coordrnatorls Marwtf A-10 Edihon:: 2021
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
NIew Prerequisite for Class 8
♦ On page,210-4,a new subsection is jnseiI
211.1b. Class 8 Prerequisites
all the Class 9 prerequisvics-,I)The community rnu,,st meet
(2)The community MUNt adopt and cnforce at least it i-fout frceboard requirement
(including n-Lachincry Or equipment) for all residential buildings co.nstructed,
substantially improved,and/or reconstructed due to substantial damagc throughout iLs
SHIA where base flood elevations have been determined o.01 its currently effective
FIRM or in its Flood Insurance Study(FIS),cxccpt those areas that recclvc open spacc
cl-edit.under Activity 420(Open Space Preservation).
The Class 8 prerequisite can be rnct through the criforccnicnt orlocal ordinances or building
codes,andjor state building codes,provided the freeboard standard applies to all residential
buildings, %Nhcthcr single-farni I),,mulfi-ramily,or manufactured. This includes theth
replacement oft-nanufactuyed homes, im pre-FIRM manufactured home p�arks.
The ordinance Or building code must rcqui.rc that machinery or equipnicnt be elevated to,at
least I Foot ere
the base flood elevation for buildings newly constructcd,substantiallyI.
iniproved,and/or reconstructed due to subsuartfial damage. This requirement includes
machinery and equipment placed Nvithin attached garages and/or within cnctosurcs below
elevated,buildings,with the exception ofutility meters and cqui.pnicrit specifically designed
to vvithstand inundation according to the standards offlic Intcrnational Rcsidcntial Codes
and t It N F I PT he e . Class 8 freeboard prerequisite will be inct provided,that attac ga hed rages and enclosures below elevated buildings mcct the minimurn requircments oftlic NFIP
(c1cvaled to,the base flood elevation or having proper openings).
Comi-nunitics that enforcc an adopted frccboard standard that meets the Class 8 prerequisite
will be provided with ffccboard,(element FRB)credit,under-Activity 430(Flighcr Figure 3-1.Air courlitionirig compressor elevated ou a Figure 3-2.Air couditioriag compressor elevated ou a
Regulatory Standards). Credit will be cvaluatcd at the next CRS verification ViNit Or next pedestal. cantilevered platform.
modification.
Figure 4-15.Deck provides meter ................................................................................................................
access and allows the meter and L,West hori7ontal structui al I owest horizontal structural
bor of elevated Wading mointor of O ovatod building
main service panel to be elevated anti ...............
, Install service connections(e.g,,
protected from flooding.Electrical oloctric lines and meters,Wophone
components placed below the flood
iunctron bOXOS,CebiO jUncfiori� =rrrrrrr==
protection boxes�above flood protection level,
instalf elpetrical
protection level remain vulnerable to components on
level la
ndward andwd side of interior proles or landward side of
flood dairiage. Flood ........ rnber othervertical supl)ort neoniii interio,cilas o,other
Protection
venical support
level
N �"'�row I`- .... .�;t" i //000000/ ..........00%/%�%%%/i nies
Secure risers with
corrosiorr-rosiWart
M straps or ancli
(2 feet on center,
"Zz
Pile maximum}
l an
dward/—
do—strearn downstrear,
MIX,
.............
4 NI I T 1,(IA T 1, N MF,0k`,1. RH,, PDR RPSIDENTIA1 BUIUDIINGS
Figure 4-2.Elevated HIVAC condenser
units in a coastal zone with a 'rr Tvc,
protective railing instailled(Galveston
0
Island,Texas).
M
Code of Federal Regulations
( ) RegUire that alp new constrUction and sUbstantpal improvements of residential strUctures (5) Require,for all new courustrucflion auad substantial iirnprovernents,that fullly enclosed areas
within Zones Al-30„AE and AH zones our the corrnnaU pity°s FIRM have the lowest floor below the lowest floor that are usable solely for parking of vehicles,building access or
(irrclUdilIg basement)elevated,to or above the base flood pevel,unless the corrrnrU pity is storage pia an area other than a basement and which are subject to flooding shall be
gmntedp arr exception by the Federal Insurance AdlrrwiuIistrator for the allowance of designed to auton-iaticalllly equalize hydrostat c,flood,forces on exterior wralllhs by allllowpuag foir
basements in accordance with§60 6(b)or(c); the entry and exit of floodwaters. Designs for irneeting this requiirernent must either Ibe
(3) RegUire that alp new constrUCtion and,sUbstantpal improvements of non-residentpap certified by a iregistered professional engineer or architect or rneet or exceed the following
struactrrres within Zones At-30,AE and AH zones on the community's firm napnirnuu-n criteria:A r-nlinlinaurn of two openiings haviing a total l net area of not(less than one
square finch for every square foot of enclosed area subject to flooding shall Ibe provided The
(pi) have the powwest floor(including basement)elevated to or above the base flood levee or, bottorn of all openings shallh be no Ngher than one foot above grade.Openings may Ibe
together with attendant utility and sanitary facilities,be designed so that below the base equipped with screens,louvers,valves,or other coverings or devices provided that they
flood level the strwaotrire is watertight with walls srrbstantiaky pnapermeaNe to the permit the autornatiic eirntry auad exit of floodwaters.
passage of water and,with structural components having the capability of resisting (6) Require that rnanufactuured homes that are Ilollaced or substantially improved within in Zones
hydrostatic and hydrodynamic loads and effects of buoyancy; Al-30,AH,and AE on the cornrnuNly"s FIRM on sites
O provide that where a non-residential strUcture is intended to be made watertight below the (n) Outside of a rnanuafarctrured hoirne park or Subdivision,
base flood level,
a registered arofessionap engineer or architect sh'IaH develop and/or review structural (ii) pn a new manufactured horne park or subdivision,
design,specifications,and pagans for the construction,and shall l certify that the design hiup) put an expansion to an exlisting manufactured home park or subc'piiviision,or
and methods of constrUction are in accordance with accepted standards of practice for
h' p pin at existing nanu acttrec �o ane park or sdbdpvhspon on which a r"anufactured home
meeting the applicable provisions of a� ag ah pc)( )(py or(dD(ty( (of this section,and
has lir7cuirirecp"substantial dparnage"as the result of a flood,,be elevated cn a permanent
(fl) a record of sUch certificates which uu" lodes the specific elevation(in relation to paean foundation such that the lowest floor of the irnauaufactured home is elevated to or above
sea level)to which srrch struuctrrres are fpoodpproofed shale be maintained)with the official the base flood elevation and be securely anchored to an adecluatelly anchored
designated by the conrrraUNty Under(t 59 22(a)(0)(kii); foundation systern to ireslist floatation colllalpse and lateral imoveirtneni.
p14, Require that recreationall vehicles placed oua site s w ilhi n Zones A 1-30,AH„and AE oua the
comirnuuniity's FVRM either
('i) Be oin the site for fewer than 180 consecutive days,
(i) Be fuulllly(licensed and heady for highway use,or
(rip) Beet the permit requirements of paragraph(b)(1)of this section and the elevation and
anchoring irequ ireu-rents for"manu.wfactrured hoinoes"In paragraph(c)('6)of this section.
A recreational vehicle is ready for highway use if it is on its wheels or Jacking systern,is
attached to the site only by quick 6sconnect type utilities and security devices,and has
no permanently attached addiitions.
Code of Federal Regulations
(2) Within Zones V1-30,VE„and Vona a�OMMrMily°s FIRM, (5) Provides that all new COnStr'tu tOn and substantial improvements wiit [n Zones V1;30,VE,am-od
(ui) obtain the elevation(in relation to mean sea level)of the:bottounn of the lowest structural � y �the space bellow the Illow�west floor either free of obstruction V on the community's FIRM have
nnernlaer of the lowest floor(excluding Pilings and colrirnns)of all new and substantially or constructed with non-suppnortiing Ibireakawwway walls,open wood Ilattiice-work,or iinsecl.
irnp roved structUres,and whether or anot Such structures contain a basement,and screening intended to collapse under wind and water loads w^wiithout causiing cc:ulllaprse,
displacement,or otlhrer structural darmge to the elevated portion of the bulilding or
runrder srr �22(a)O alp sr�reh information with the official designated by the coma uInrrr ity 4 p��
� seu a�ortiincg fn:r�runncdatlin:rn system For the genrpwoses of this section,a brealkw�way wall shall have a
u O( )(ildi°°� ; design safe Iloadiiung iresistance,of not(less than 10 amid ino more than 20 pounds per square
(3) Provide that all new construction within Zones V11-30,VE,and V on the cornnnurnpty°s FIRM is foot. Ldse of breakway walks which exceed a design safe loading resdstance of 70 pounds peer
located landward of the reach of mean high tide, square foot(either by desiigmn or when so requored by Ilocal or Mate oodes) miay Ibe permitted
(4) Provide that all new construction and substantial improvements in Zones V1-30 and VE,and only of a registered professional engineer or architect certifies that the designs proposed
also Zorne V if base flood elevation data is available,on the community's FVRM,are elevated meet the follllo wpng conditions"
on pilings and columns so that (i) Breakaway wall l coll1apse shallll result froirn a water Road(less than that which would occur
(ui) the bottom of the lowest horizontal strructurap member of the lowest floor(excluding the during the base flood; and,
pilings or columns)is elevated to or above the base flood level„and u) The.elevated Iportion of the Ibupllcdrng amid supporting foundation sy°sterrm sEnalll rrot be.
(f') the Pile or column foundation and structure attached thereto,is anchored to resist subjject to collapse,dispnlacerrnem,oir other structural l damage due to the effects of wind
flotation,collapse arid lateral rnovernent clUe to the effects of wind and water loads amid water loads aching sirtrulltanen:wuslly on all buildiiung coirnnpaornents (stwctuurall amid non-
acting sirnuitaneously on all building cornpnorrents.Water loading values used shall be structturall(.Water loading values used shallll be those associated kitlh the base flood.
those associated with the base flood,Wind loading values used shall be those required WWond loadiincg values used shallll be those required by apapkcalblle State oir local building
by applicable State or local building standards.A registered professional engineer or standairds.
architect shall develop;or review the struuctUral design,specifications and plains for the
constrUction,and shale certify that the design and methods of construction to be used Such enclosed space shallll be usealblle solely for Iparking of vehicles,buiildpng access,or
are in accordance with accepted standards of practice for rneetirrg the provisions of storage,
pnrsi a gTapah,(e)(4)(i'i)and(k)of this section. d" Prohibit the use of foul for structurall su aort of Ibuk6n s within Zones V1-;30,VE,arid V on the
(. .1 PIi g 9
cornurnnuniity's HRMv
(7) Prohibit man-made allteration of sand dunes and mangrove stands within Zones V1-30,VE,
amid W on the community's FIRM Which v+wculld increase Ipotential flood damage.
Table 6-1 a.Compliance Matrix(A Zones) Table 6-1 b.Coinipfiance Matrix(V Zones)
lig
ON
Rehabilitation(renovate Compliance not required Work shall comply and shall not be allowed to Rehabiilitati�ion(innovate rk ha -0 ly and shall) alilowedl to,
k, I g n 0 n_"m
d that we r,
- o 7 777q 77
q comply
and sh,
7-77 7, e 7 Wo as 11 Mpo ",m tS
or remodel),not Sl make the building non-compliant with any aspect or remiode I),Dn,2,Ljl ma the
b ul d In with any aspect
of the building that was required for compliance of th'b'f in g ir compliance
Rehabilitation(renovate Building required to comply Work shall comply and shall not be allowed to G fit r, v t I comply W r , I " p
Rehabilitation(renovate Building ding r wr d to Ware,ha I I alflowed to,
or remodel),Sl make the building non-compliant with any aspect I� Sl t
of the building that was required for compliance or remiodel),Sl mak he bull diing n o n-cornpian with any aspect
(see Note below table) of the building that was ireq,uiired for compliance
Lateral addition and Addition required to comply; Addition required to comply;building required to (see Note below tablie),
Rehabilitation,Sl building required to comply comply(see Note below table) Lateral addition and Addition required to comply� Addltion required to comply,and rehabillitation
............................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rehabllitation,Sl building required to,cornpIly work shall cornpIly and shall)not be allowed to
Lateral addition,not SI Addition not required to comply Addition required to be elevated to at least the make the builidiing non-compflant with any aspect
elevation of the existing lowest floor
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ of the bullding that was iregpuired for compliance
Lateral addition,SI,lia Addition required to comply; Addition required to comply (sae Note below tablie)
structurallyconnected building not required to comply ........................................................................................................................................................................................................................................................................................................................
Lateral addition,SI, Addition required to comply; Addition required to comply;building required to Lateral addlition,not SIl Addition not required to comply Addition required to comply
structurally connected building required to comply comply(see Note below table) Lateral addition,SI,not Addition required to comply„ Addition required to comply(see Note bellow)
Vertical addition above Compliance not required Work shall comply and shall not be allowed to structuraIlly connected bUildling required to,cornpIly
building,not Sl make the building non-compliant with any aspect Lateral addiftion,SI, Addition required to comply„ Addition required to comply;building requiired to
of the building that was required for compliance structuraIlly connected bUildling reqluired to,cornpIly comply(see.Note bellow table)
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ ...............................................................................................................................
Vertical addition above Building required to comply Work shall comply and shall not be allowed to Vertical addition,above Compliance not required Work shalil compIly and shaIll not be alflowed to,
building,Sl make the building non-compliant with any aspect building,not Sl make the buillding non-compfiant with any aspect
of the building that was required for compliance of the Ibuuilding that was required for compliance
(see Note below table) ...............................................................................................................................
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Vertical addition above Building required to comply Work shaIll compIly and shaIll snot be alilowedl to,
Repair foundation,not Compliance not required Repairs shall comply and shall not be allowed to building,Sl make the builidling non-compfiant with any aspect
Sl make the building non-compliant with any aspect of the bullding that was required for compliance
of the building that was required for compliance (sae Note below tablie)
Repair foundation,Sl Building required to comply Building required to comply(see Note below
table) Repair foundation,not Compliance not required Repairs shall comply and shall not be allowed to
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Sl make the buillding non-compflant with any aspect
Replace/extend Building required to comply Building required to comply(see Note below of the Ibuuilding that was irequuiired for compliance
foundation,Sl(including table)
"elevate-in-place") Repair foundation,Sl Building required to comply Bulilding required to comply(sae Note below
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ tablie),
Repair damage,SID Building required to comply Work shall comply and shall not be allowed to ...............................................................................................................................
make the building non-compliant with any aspect RepIlace/extend Building irequuiired to comply Buiilding required to comply(sae Note below
of the building that was required for compliance foundation,S11(indluding tablie)
(see Note below table) "elevate-in-place"),
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ..............................................................................................................................
Reconstruct new Reconstructed building required Reconstructed building required to comply(see Repair damage,SID Bulilding required to comply Wall shaIll comply and shaIll not be alilowedl to,
building on existing or to comply Note below table) make the builldling non-compflant with any aspect
new foundation,Sl of the.bullding that was required for compliance
.......................................................................................................................I.........................................................................................................................................................................................................................................................................................................................................................................................................
(sae Note below table)
Reconstruct new RaconstrLlGtad buillding requirecIl Reconstructed buillding required to comply)see
building on existing or to GOmPIIY Note bellow table;)
new foundation,Sl
.........................................................................................................................................................................................................................................................................................................................................................................................................................
https.//wwvv.f�oodsma rt.gov/what-u m pacts-my-prern urn-a nd-po�u cy-costs
What impacts flood insurance policy costs?
A.number c)I I actors are consider edwhen deterininingyour a rinual Hood insurance piemimn.These factors
include:
Flood risk(e.g.,your flood zone)
The type of coverage,being purchased(e g.bufldng and contents coverage)
The deductible and amount ot biailding and contents coverage
The location ofyoin:structure
The design and age of your structure
The location ol youn stryiclure's contents(e.g Are yotu ulylit➢es elevated?)
With its tww raflng methodolo[.W,Msk Rating).-t):E.'qtflty in Action,FEMA also ncm Ims the capability and
tools to addiess rating disparities by incorporatftig mcuc flood risk vujables.I here include flood ftequency,
inultiple flood types river ovey.t1cm,storm suge,coastal ercasion,and heavy rainfall and distance to as
walet souice,aas well as I�iiopej,ly chatac tei-isdcs SUCly dS elevation and the cost to lel)LARL
Your property's elevation
For Propeffles la Idgh lisk flood areas bufli.�:,ifter the first FedeialErneigeivy ManzIggent wy 0-1-NA)
mn Agg
flooddinalls,the e[evation ol.the building in relation to the b-a-s-e is also as factol.
WIffle Elevation Certificates(ECs)will nc�)kniger be reqWred to purchase coverage under Risk Rating 2.0:
Equity in Aclion,as piq.,)erAy owner maychoose to piovide an EC and subrnit lt. to their agent to de tellnine if
it wHl lomfer theit cost of insurance.ECs will.also c ontinue to be used foc floodplain.management buildhig
iequifternents,which can affec.1 eligibility toy C.onimunitV Rating Systern discounts.
Learn rnofe about FCs and how you ran pay less.