Item S05 S.5
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
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.5
Agenda Item Summary #11381
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
Amending Monroe County Code Chapter 6 - Buildings and Construction, Article 11—Building Code,
to be Consistent with the Florida Building Code and Adopt Local Floodplain Standards
Amendments.
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department ("Department") is
proposing amendments to Chapter 6 —Buildings And Construction, Article II—Building Code, to be
consistent with the Florida Building Code ("FBC") and to adopt amendments for local higher
floodplain standards (amendments to the FBC).
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 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).
■ Continues to require FEMA Elevation Certificates
■ Continues to limit the size of enclosures below elevated dwellings (299 square
foot enclosure limit)
■ Continues to require a V-Zone and Coastal A Zone Construction Certification
Forms
■ Proposes to establish minimum foundation requirements and alternate engineered
foundation requirements
■ Proposes to require declarations of land restriction (i.e., Non-Conversion
Agreements) for enclosures below elevated buildings
■ Proposes to require replacement of exterior mechanical, plumbing and electrical
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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
The National Flood Insurance Program ("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 Flood Insurance Rate Maps ("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
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.
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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 Community
Rating System ("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 Florida Division of Emergency Management ("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 State Floodplain Management Office ("SFMO") 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 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.
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
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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 10 years, the 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 Land
Development Code), which are necessary to be consistent with the Florida Building Code, FEMA
provisions/rules/requirements, incorporate the 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 the 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 FDEM's 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 FIRMS. Maintains the 2005 FIRMS.
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
Monroe County's 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 the FDEM to
deem Monroe 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
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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 Building Code and the updated FIRM maps, for permits requiring an
ROGO/NROGO allocation.
o Establishing that all applications in or entering into the 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
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
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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 upon 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.
The request in this agenda item is for approval/adoption of the proposed amendments to
Monroe County Code Chapter 6 to be consistent with the Florida Building Code and adopt
amendments for local higher floodplain standards. The proposed amendments to the LDC
(Chapter 122) 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 the
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 IS, 1973, the effective date of the
initial floodplain management regulations of Monroe County.
Ordinance 002-1974, amending Ordinance 02-1973, adopted June 18, 1974.
Ordinance 003-1975, adopting floodplain management provisions, adopted March 25, 1975.
Ordinance 008-1977, amending Ordinance 03-1975, adopted March 22, 1977.
Ordinance 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 030-1983, creating Flood Hazard District Development provisions for development
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within areas of special flood hazards, within Chapter 6, Buildings and Construction, of the Monroe
County Code of Ordinances, adopted November 23, 1983.
Ordinance 005-1984, amending Ordinance 030-1983, adopted January 1, 1984.
Ordinance 033-1986 - adopting the 1986 Comprehensive and Land Development Regulations,
including 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 299sf enclosure limit, adopted October 3, 1986.
Ordinance 014-1988, amending the floodplain management provisions, adopted February 16, 1988.
Ordinance 015-1989, amending the 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.
Ordinance 015-1990, amending the 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 002-1994, amending the floodplain management provisions, adopted January 18, 1994.
Ordinance 039-2000, amending the floodplain management provisions, adopted July 26, 2000.
Resolution 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 February 13, 2002.
Resolution 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 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 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 152-2003, approving a revised implementation plan for the Flood Insurance and
Inspection and Compliance Program (Remedial Plan), adopted April 16, 2003.
Ordinance 037-2003, reorganizing and amending the floodplain management provisions to address
the Monroe County Flood Insurance and Inspection and Compliance Program approved by FEMA,
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adopted October 15, 2003.
Ordinance 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 025-2004 amending the enclosed area standards for issuance of building permits in areas
of special flood hazards, adopted Augustl8, 2004.
Ordinance 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 440-2011, approving a 2011 implementation plan for the Flood Insurance and Inspection
and Compliance Program (Remedial Plan), maintaining regulations adopted pursuant to Resolution
152-2003 and direction to create the certificate of compliance program, adopted on December 14,
2011.
Ordinance 010-2012, amending the 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 015-2012, amending the 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 (PRP), as a result of the 2011 Settlement
Agreement for a 1990 lawsuit against FEMA claiming lack of consultation with USFWS pursuant to
the Endangered Species Act, adopted June 20, 2012.
Ordinance 043-2013, amending the floodplain management provisions Section 122-2(b)3, the basis
for establishing special flood hazard maps, species assessment guides (SAGS) for the Permit
Referral Process (PRP) determinations, providing a new date for the revised Species Assessment
Guides, adopted October 16, 2013.
Resolution 193-2014, approving a 2014 implementation plan for the Flood Insurance and Inspection
and Compliance Program (Remedial Plan), maintaining the inspection on transfer, 299SF enclosure
maximum, certificate of compliance program; existing Ch. 122 regulations (to be compliant with
federal regulations) and the inadvertent observation of illegal structures below BFE; and
documenting the Pilot Inspection Procedure concluded July 1, 2013, adopted August 20, 2014.
Resolution 223-2015, adopting FEMA Technical Bulletin 0 — User's Guide, dated March 2009,
adopted September 16, 2015.
Resolution 224-2015, adopting FEMA Technical Bulletin 1 — Openings in Foundation Walls and
Walls of Enclosures, dated August 2008, adopted September 16, 2015.
Resolution 225-2015, adopting FEMA Technical Bulletin 2 — Flood Damage-Resistant Materials
Requirements, dated August 2008, adopted September 16, 2015.
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Resolution 226-2015, adopting FEMA Technical Bulletin 3 - Nonresidential Floodproofing
Requirements and Certification, dated April 1993, adopted September 16, 2015.
Resolution 227-2015, adopting FEMA Technical Bulletin 4 - Elevator Installation, dated November
2010, adopted September 16, 2015.
Resolution 228-2015, adopting FEMA Technical Bulletin 5 - Free-of-Obstruction Requirements,
dated August 2008, adopted September 16, 2015.
Resolution 229-2015, adopting FEMA Technical Bulletin 6 - Below-Grade Parking Requirements,
dated April 1993, adopted September 16, 2015.
Resolution 230-2015, adopting FEMA Technical Bulletin 7 - Wet Floodproofing Requirements,
dated December 1993, adopted September 16, 2015.
Resolution 231-2015, adopting FEMA Technical Bulletin 8 - Corrosion Protection for Metal
Connectors in Coastal Areas, dated August 1996, adopted September 16, 2015.
Resolution 232-2015, adopting FEMA Technical Bulletin 9 -Design and Construction Guidance for
Breakaway Walls, dated August 2008, adopted September 16, 2015.
Resolution 233-2015, adopting 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 234-2015, adopting FEMA Technical Bulletin 11 - Crawlspace Construction, dated
November 2001, adopted September 16, 2015.
Resolution 240-2015, adopting FEMA Technical Bulletin 467-1 - Elevation Certificate, dated May
2004, adopted September 16, 2015.
Resolution 241-2015, adopting 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 242-2015, adopting the Monroe County Elevation Certificate Review Process, dated
October 1, 2015, adopted September 16, 2015.
Resolution 243-2015, adopting the Monroe County Floodproofing Nonresidential Structures
Permitting and Inspection Requirements, dated October 1, 2015, adopted September 16, 2015.
Resolution 244-2015, adopting 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 245-2015, adopting the Monroe County Substantial Improvement or Substantial Damage
(50%Rule) Application and Affidavit Policy, dated October 1, 2015, adopted September 16, 2015.
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Resolution 246-2015, adopting the Monroe County V-Zone Certification and Calculations
Documentation Policy, dated October 1, 2015, adopted September 16, 2015.
Ordinance 006-2016, adopting 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 024-2017, amending the standards for issuance of building permits in areas of special
flood hazards, adopted November 14, 2017.
Resolution 254-2019, adopting FEMA Technical Bulletin 0 — User's Guide, dated July 2019,
adopted September 18, 2019.
Resolution 255-2019, adopting FEMA Technical Bulletin 4 — Elevator Installation, dated June 2019,
adopted September 18, 2019.
Resolution 256-2019, adopting FEMA Technical Bulletin 8 — Corrosion Protection for Metal
Connectors in Coastal Areas, dated June 2019, adopted September 18, 2019.
Ordinance 021-2020, amending 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 440-2021, adopting 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:
Monroe County Ch. 6_Draft Ordinance
Monroe County Ch. 6_Ordinance_ADOPTION HEARING
Ch 6 Floodplain Staff Report BOCC 11.15.22
Exhibit 1 Model Floodplain Ord.
Exhibit 2 FBC 7th Ed FloodProvisions Nov2020
Exhibit 3 Highlights of ASCE 24-14
Exhibit 4 FEMA Policy 104-008-03
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Exhibit 5 FDEM_SFMO_Guidance for AccessoryStructure_SFHA
Exhibit 6 Marathon Ordinance 2018-05
Exhibit 7 Marathon Ord. 2021-06
Exhibit 8 Layton Ord. 2018-09-03
Exhibit 9 Layton ORD 2021-04-01 Flood Damage Prevention
Exhibit 10 Key West FLOODPLAIN_MANAGEMENT
Exhibit 11 Key Colony Beach Ord. 2018-456A
Exhibit 12 MC Resolution 193-2014 FEMA Remedial Plan
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Emily Schemper Completed 11/01/2022 8:39 AM
Peter Morris Completed 11/01/2022 5:00 PM
Karl Bursa Skipped 11/01/2022 5:06 PM
Rick Griffin Skipped 11/01/2022 5:07 PM
Purchasing Completed 11/01/2022 5:08 PM
Budget and Finance Completed 11/01/2022 5:22 PM
Brian Bradley Completed 11/01/2022 5:24 PM
Lindsey Ballard Completed 11/01/2022 5:26 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 0
11 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY U-
12 CODE OF ORDINANCES CHAPTER 6 — BUILDINGS AND CONSTRUCTION,
13 ARTICLE II — BUILDING CODE; AMENDMENTS ARE PROPOSED TO U
14 UPDATE THE PURPOSE AND SCOPE, ADD DEFINITIONS; ADDRESS THE
15 ADMINISTRATION OF THE BUILDING DEPARTMENT, INCLUDING THE
16 BUILDING OFFICIAL'S AUTHORITY AND DUTIES (INCLUDING THE
17 PROVISIONS OF CH. 122 OF THE MONROE COUNTY LAND DEVELOPMENT
18 CODE (PART II OF THIS CODE) AS THE DESIGNATED FLOODPLAIN
19 ADMINISTRATOR); UPDATE THE REFERENCES TO THE REQUIREMENTS
20 OF THE FLORIDA BUILDING CODE; AND FOR CLARIFICATION AND
21 OTHER PURPOSES; TO ADOPT TECHNICAL AMENDMENTS TO THE -
22 FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; a
23 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
0.
24 CONFLICTING PROVISIONS; PROVIDING FOR AMENDMENT TO AND
25 INCORPORATION IN THE MONROE COUNTY CODE OF ORDINANCES;
26 PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF STATE AND
27 FOR AN EFFECTIVE DATE.
28
29
30 WHEREAS, Monroe County Code of Ordinances, Chapter 6 — Buildings and
31 Construction,Article 11—Building Code, govern the administration and enforcement of the Florida
32 Building Code and associated technical construction standards and regulations within the
33 unincorporated limits of the county; and U
34
35 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
36 that the work of ordinance codification is an ongoing process that requires a continuing effort by U
37 various County officials and staff, and it is the goal of the BOCC to ensure that Monroe County 0
38 Code of Ordinances Chapter 6 is kept current and of maximum use and clarity; and 0
39 2
40 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
41 Government, Florida Statutes,conferred upon local governments the authority to adopt regulations E
42 designed to promote the public health, safety, and general welfare of its citizenry; and
43
44 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
45 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
46 health, safety, and welfare of the County's citizens; and
47
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I WHEREAS, the Federal Emergency Management Agency has identified special flood
2 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
3 subject to periodic inundation which may result in loss of life and property, health and safety
4 hazards,disruption of commerce and governmental services, extraordinary public expenditures for
5 flood protection and relief, and impairment of the tax base, all of which adversely affect the public
6 health, safety and general welfare, and
7
8 WHEREAS, the Monroe County was accepted for participation in the National Flood
9 Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners CL
10 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 0
11 and 60, necessary for such participation; and U-
12
13 WHEREAS,the National Flood Insurance Program (NFIP)is a federally-subsidized flood U
14 damage insurance program administered by the Federal Emergency Management Agency(FEMA)
15 enabling property owners in participating communities to purchase flood insurance in exchange
16 for the community's adoption of floodplain management regulations to reduce future flood
17 damages; and
18
19 WHEREAS,the participating communities floodplain management regulations must meet
20 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
0
21 CFR Part 59 and Part 60); and -
22
23 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
24 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
25 enforcement of a state building code, called the Florida Building Code; and
26
27 WHEREAS, the Florida Division of Emergency Management (DEM), Bureau of
28 Mitigation, State Floodplain Management Office developed a Model Floodplain Management
29 Ordinance for communities, written explicitly to rely on the flood provisions in the Florida 0
30 Building Code; and
31
i
32 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
33 meet or exceed the minimum NFIP requirements for buildings and structures; and �s
34
35 WHEREAS,the Federal Emergency Management Agency (FEMA) approved the State's 0
36 Model Floodplain Management Ordinance in 2013; and U
37
38 WHEREAS, the Monroe County Board of County Commissioners has determined that it 0
39 is in the public interest to adopt the proposed floodplain management regulations (Chapter 122 of
40 Land Development Code)that rely on and are coordinated with the Florida Building Code; and
41 a
42 WHEREAS, amendments are necessary within Monroe County Code of Ordinances,
43 Chapter 6 — Buildings and Construction, Article II — Building Code, to update the purpose and
44 scope of Article II; update and add definitions; address the administration of the Building
45 Department including the Building Official's authority and duties (including the provisions of Ch.
46 122 of the Monroe County Land Development Code (part 11 of this Code) as the designated
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I Floodplain Administrator); update the unsafe buildings provisions; update the construction board
2 of adjustment and appeals provisions; update the administrative appeals procedures; update
3 variance procedures; update the provisions for permit exemptions during a declared a State of
4 Local Emergency; update the building permit valuation provisions; update the provisions for
5 inspections prior to issuance of certificate of occupancy, including updating the reference to the
6 inspection requirements of section 110 of the Florida Building Code; update the provisions for a
7 certificate of occupancy, including updating the reference to the requirements of section 111 of the
8 Florida Building Code; and creating sections for local amendments to the Florida Building Code;
9 and
10 0
11 WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the U-
12 Florida Building Code that provide for more stringent requirements than those specified in the
13 Code and allows adoption of local administrative and local technical amendments to the Florida U
14 Building Code to implement the National Flood Insurance Program and incentives; and
15
16 WHEREAS, Section 553.73, Florida Statutes, governs the adoption of local amendments to the
17 Florida Building Code; and
18
19 WHEREAS, the Monroe County Board of County Commissioners previously adopted a
20 requirement with a limit to the size of enclosures below elevated dwellings (299 square foot
0
21 enclosure limit) and requiring a V-Zone and Coastal A Zone Construction Certification -
22 Form, for buildings and structures in flood hazard areas prior to July 1, 2010 and, pursuant to C
23 Section 553.73(5), Florida Statutes, is formatting that requirement to coordinate with the Florida
CL
24 Building Code; and
25
26 WHEREAS, the Monroe County Board of County Commissioners is adopting a
27 requirement to establish the minimum foundation requirements, require declarations of land
28 restriction(nonconversion agreements)for enclosures below elevated buildings, and require
29 the replacement of mechanical,plumbing and electrical systems,equipment and components 0
30 to be located at or above the base flood elevation identified on the FIRM that was effective
31 when the building was originally permitted, for buildings and structures in flood hazard areas
32 for the purpose of participating in the National Flood Insurance Program's Community Rating
33 System and, pursuant to Section 553.73(5), Florida Statutes, is formatting that requirement to
34 coordinate with the Florida Building Code; and
35 0
36 WHEREAS, the Monroe County Board of County Commissioners has determined that it U
37 is in the public interest to adopt the proposed local technical amendments to the Florida Building
38 Code and the proposed amendments are not more stringent than necessary to address the need 0
39 identified, do not discriminate against materials, products or construction techniques of
40 demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; and
41
42 WHEREAS,on November 15,2022,the Monroe County Board of County Commissioners
43 held a public hearing, , and provided for public comment and public participation in accordance
44 with the requirements of state law and the procedures adopted for public participation in the
45 planning process; and
46
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I WHEREAS, recognizing that where an extant legislatively approved law is repealed by a
2 subsequent legislative act that substantially reenacts that repealed extant law,the prior legislatively
3 approved law and the subsequent legislative act shall be regarded as one continuous law
4 uninterrupted in its operation,see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see also
5 Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
6 legislative intent and purpose of the BOCC, in relation to or in connection with subsequent
7 administrative and judicial construction, that all recodified or reenacted provisions of Monroe
8 County Code of Ordinances Chapter 6 shall be deemed to have been in operation continuously
9 from their original enactment whereas the changes or substantial modifications are treated as CL
10 amendments effective from the time they go into legal effect; 0
11 U-
12 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA: U
14
15 Section 1.Recitals. The foregoing recitals are true and correct and are hereby incorporated
16 as if fully stated herein.
17
18 Section 2. The text of the Monroe County Code of Ordinances Chapter 6 —Buildings and
19 Construction, Article 11 — Building Code is amended as shown and stated herein.. Proposed
20 Amendments are shown with deletions st+i kef th-e and additions are underlined.
0
21 -
22 Chapter 6 -BUILDINGS AND CONSTRUCTION a
23
0
24 Sec. 6-1. -Moving of buildings.
25 When any building is moved from any location within or from without the county, to any
a�
26 location within the unincorporated area of the county, the building shall immediately be made to
27 conform to all provisions of the standard building code and the zoning ordinance of the county.
28 The persons causing the building to be moved shall secure a building permit from the building
29 department and shall post a performance bond of$1,000.00, conditioned upon the building being
30 made to conform to all codes of the county and this chapter, within six months from the date of
31 issuance of the permits; the bond to be returned when all work has been completed in accordancei
32 therewith.
33
34 Sec. 6-2. - Construction trailers.
35 A special permit may be granted for the placement of a construction trailer on a site where U
36 construction is being done, provided no human habitation shall be allowed therein, and the 0-
37 applicant furnishes the building department with an affidavit stating that such permit does not a
38 violate deed restrictions in the subdivision in which the trailer is to be placed. Such permit shall 2
39 be for a duration of up to 120 days. If conditions so warrant, then one extension may be granted
40 by the planning director. Any further extensions may be granted by the planning commission upon
41 good cause shown.
42
43
44 Sec. 6-3. - Temporary construction staging areas.
45 A special permit may be granted by resolution by the board of county commissioners (BOCC)
46 to allow a property to be used as a construction staging area for an off-site project. The BOCC
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I shall hold a public hearing on the request for a temporary construction staging area and shall issue
2 a resolution granting, granting with conditions or denying the request. The resolution shall take
3 effect on the date of enactment by the BOCC.
4 (a) Applicability. A temporary construction staging area for an off-site project is a permitted
5 activity in any land use (zoning) district,provided it is approved by a special permit and
6 meets the criteria set forth in this section. This special permit shall approve the temporary
7 construction staging area location and use and shall not override or substitute for any
8 other provision of the Florida Building Code and Monroe County Code that require an
9 additional type of building permit, certification or approval. CL
10 (b) Criteria. Approval of such a special permit shall be granted only if the following criteria 0
11 are met: U-
12 (1) The temporary construction staging area shall serve a project being carried out in
13 the vicinity of the construction staging area; U
14 (2) The temporary construction staging area shall serve a project being carried out by
15 a governmental agency;
16 (3) The temporary construction staging area shall not be located in a tier I designated
17 area;
18 (4) The property subject to the request shall be posted and surrounding property owners
19 within 300 feet shall be notified in writing at least 15 days prior to the BOCC public
20 hearing,with the notice located so it shall be easily visible from all public streets and
0
21 public ways abutting the property; -
22 (5) Prior to establishment of the temporary construction staging area, a special building a
23 permit approving any associated temporary structure shall be issued in accordance
CL
24 with section 6-112;
25 (6) No clearing or filling shall occur to accommodate the temporary construction
26 staging area;
27 (7) Other than fencing, no temporary structure associated with a temporary
28 construction staging area shall be located in any required setback, unless the BOCC
29 determines the temporary construction staging may occur temporarily within the 0
30 setbacks to alleviate increased public expenses; avoid threats to public health and
31 safety; or the project work cannot be readily performed otherwise; and
32 (8) The temporary construction staging area shall be compatible with existing uses on
33 surrounding properties, as determined by the BOCC. If necessary, prior to issuance
34 of a special permit allowing the temporary construction staging area,the BOCC may
35 attach conditions to any special permit approval to a)avoid substantial harm to public 0
36 health or safety; b) avoid substantial harm to, or impairment of the normal use of, a U
37 public place; and/or c) avoid substantial harm to the environment. Depending on the
38 nature and anticipated duration of the use, as a condition of approval to the special 0
39 permit, the board reserves the right to:
40 a. Provide a deadline for termination of the construction staging area;
41 b. Limit the hours of operation;
42 c. Limit the type of equipment and materials on the site;
43 d. Require fencing,landscaping and/or other screening to limit potential visual and
44 noise impacts of the use on adjacent property owners;
Pag F AK
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S.5.a
I e. Provide for temporary setback variances to allow construction staging to occur
2 temporarily within the setbacks, provided the adjacent property owners submit
3 letters of no objections to the temporary variance; and
4 f. Require surface water management improvements to the affected site; and
5 (9) The property shall be restored to its prior condition
6
7 Secs. 6-4-6-14-22—. -Reserved.
g
9 ARTICLE IL -BUILDING CODE
10 DIVISION 1. - GENERALLY 0
11 U-
12 Sec. 6-15 Purpose. The purpose of this chapter shall be interpreted cumulatively with its intent,
13 and shall be taken into account, granted substantial weight, and guide all interpretations and U
14 constructions of this article. The purpose of this chapter is to govern the administration and
15 enforcement of the Florida Building Code and associated technical construction standards and
16 regulation within the unincorporated limits of the county. The Board of County Commissioners
17 legislatively finds that the purposes and intent of this article are to safeguard the public health,
18 safety, and general welfare. All interpretations of this article shall in all proceedings and cases
19 further, rather than impair, limit, restrict, or obstruct, the purposes of this article.
20
21 Sec. 6-16. Scope. The Florida Building Code shall be aplicable to and govern all buildings and -
22 structures, and parts and portions thereof, and all devices and safeguards thereto, within the C
23 unincorporated limits of the county, except as specifically exempted under state statutes.
CL
24
25 Sec. 6-17 Intent. The intent of this article shall be interpreted cumulatively with its purpose, and
26 shall be taken into account, granted substantial weight, and guide all interpretations and
27 constructions of this article. It is the intent of the Board of County Commissioners that the
28 provisions and requirements of this article be strictly adhered to, and to accomplish the purposes
29 of this article. 0
30
31 Sec. 6-18 Construction and Interpretation. In the interpretation and aplication of this article, i
32 all provisions herein shall be considered as minimum requirements and shall not be deemed to
33 forfeit,waive, eliminate,limit, condition,qualify,or repeal any other powers granted to the County
34 pursuant to Florida law. This article, being in the interest of the public health, safety, and welfare,
35 and being necessary to safeguard and ensure the public health,safety,and welfare,shall be liberally 0
36 construed to effect the intent and purposes hereof, and interpretation and construction of this article U
37 shall be construed in favor of Monroe County and such construction and interpretation shall be
38 entitled to great weight in adversarial administrative proceedings, at trial, and on meal. 0
39
40 Sec. 6-19 Administrative Deference. The Board of County Commissioners legislatively finds u
41 that the construction of this article by the primary county department or office charged with its
42 administration, the County Building Department, shall be legally entitled to deference and great
43 weight in adversarial administrative proceedings, at trial, and on appeal, and that such
44 administrative interpretations should not be modified or overturned by an administrative hearing
45 officer or court of competent jurisdiction unless clearly erroneous. If such administrative staff
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S.5.a
I interpretation is within the range of possible and reasonable interpretations, it is not clearly
2 erroneous and should be affirmed.
3
4 Sec. 6-20 Effect of State and Federal Laws. If a state or federal law,whether existing at the time
5 of this article's effective date or enacted after its effective date, which is applicable to and limits,
6 prohibits, restricts, conditions, or qualifies the meaning, effectiveness, or operation of any
7 provision or requirement herein, such provision or requirement of this article shall be interpreted,
8 administered, and enforced to the maximum extent permitted by law.
9
10 Sec. 6-21 No Waiver or Estoppel. The County's delay or failure to enforce any provision 0
11 contained in this article, however long continued, shall not be deemed a waiver or estoppel of the U_
12 right for the County to enforce this article at any time thereafter.
13 U
14 Sec. 6-22 Severabili , . If any provision of this article, or any portion thereof, is held to be invalid
15 or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
16 invalidity or unenforceability of such provision, or any portion thereof, shall neither limit nor
17 impair the operation, enforceability, or validity of any remainingzportion(s)thereof, or of any other
18 provision of this article. All remaining�portion(s) thereof and all other provisions of this article
19 shall continue unimpaired in full force and effect.
20
21 -
22 Sec. 6-23. -Definitions.
23 The following words, terms and phrases, when used in this article, shall be, except as C.
24 specifically_provided otherwise herein,the same as they have been defined in the Florida Building
25 Code or, if not defined by the Florida Building Code, then the same as defined in the Monroe
26 County Land Development Code (part 11 of this Code), or, if neither defined by the Florida
27 Building Code nor by the Land Development Code, shall have such ordinarily accepted meaning
28 as its context and the context of its provision's structural placement imply. The following words,
29 phrases, and terms shall have the following specific definitions as used herein shall h w,e t 0
30
31 mea-ftf*g: i
32 Abandon or abandonment means:
33 (1) Termination of a construction project by a contractor without just cause or proper
34 notification to the owner including the reason for termination;
35 (2) Failure of a contractor to perform work without just cause for 90 days; or 0
36 (3) Failure to obtain an approved inspection within 180 days from the previous approved U
37 inspection.
39
40 *iceti�pr-epert-y appraiser's offree,—et
41
42
43
44 Authorized agent means a person specifically authorized by the holder of a certificate of
45 competency to obtain permits in his or her stead.
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S.5.a
I Building means any structure used or intended for supporting or sheltering any use or
2 occupancy.
3 Building component means an element or assembly of elements integral to or part of a
4 building.
5 Building Ofcial means the officer or other designated authority charged with the
6 administration and enforcement of the Florida Building Code and this code, or a duly authorized
7 representative.
8 Building shell means the structural components that completely enclose a building, including,
9 but not limited to, the foundation, structural frame, floor slabs, exterior walls and roof system. CL
10 Building system means a functionally related group of elements, components and/or 0
11 equipment, such as, but not limited to, the electrical, plumbing and mechanical systems of a U_
12 building.
13 Certificate of competency (certificate) means an official document evidencing that a person is U
14 qualified to engage in the business of contracting, subcontracting or the work of a specific trade.
15 Certificate of experience means an official document evidencing that an applicant has satisfied
16 the work experience requirements for a certificate of competency.
17 Certificate of occupancy(CO)means an official document evidencing that a building satisfies
18 the work requirements of the county for the occupancy of a building.
19 Certification means the act or process of obtaining a certificate of competency from the state
20 through the review of the applicant's experience and financial responsibility as well as successful
21 passage of an examination. -
22 Certified contractor means any contractor who possesses a certificate of competency issued C
23 by the department of professional regulation of the state.
CL
24 Change of occupancy means a change from one building code occupancy classification or
25 sub-classification to another. This includes, but is not limited to, a change of use within an
26 occupancy group_
27 Commercial building means any building, structure, improvement or accessory thereto, other
28 than a one- or two-family dwelling.
29 0
30
31 of time. i
32 Demolition means the act of razing, dismantling or removal of a building or structure, or
33 portion thereof, to the ground level. U
34 Examination means an exam prepared, proctored and graded by a recognized testing agency
35 unless otherwise implied in context or specifically stated otherwise. 0
36 Erodible Soils mean soil subject to wearing away and movement due to the effects of wind, U
37 water, or other geological_ processes during a flood or storm or over a period of years._ processes during a flood or storm or over a period of years.
38 Fair market value, commercial, means the total cost of materials plus labor costs. The total 0
39 cost of labor and materials shall be as indicated on a sworn professional actual cost breakdown,
40 such as the original or a notarized copy of an original invoice of an arm's-length transaction; or,
41 an estimate from a licensed contractor, or if no such invoice is available, the labor and materials
42 shall be as calculated pursuant to the most recent edition of Means Construction Data or the
43 ICC/Construction Costs Valuation manual. The terms "donated labor", 11"voluntary labor,"'-'
44 "donated material", and/or '"`gift material�12 and/or similar terms thereto, shall not be used to
45 represent fair market value.
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S.5.a
I Fair market value, residential, means the total cost of materials plus labor costs. The total cost
2 of labor and materials shall be as indicated on the original or a notarized copy of an original invoice
3 of an arm's-length transaction, or, an estimate from a licensed contractor, or if no such invoice is
4 available, the labor and materials shall be as calculated pursuant to the most recent edition of
5 Means Construction Data or ICC/Construction Costs Valuation manual. The terms "donated
6 labor", "voluntary labor," "donated material", and/or"gift material," and/or similar terms thereto,
7 shall not be used to represent fair market value.
8 FCILB means the Florida Construction Industry Licensing Board.
9 Imminent danger means:
10 (1) Structurally unsound conditions of a structure or portion(s)thereof that is likely to cause 0
11 physical injury to a person entering the structure; U-
12 (2) Due to structurally unsound conditions, any portion of the structure is likely to fall,
13 collapse, be carried by the wind, or otherwise detach or move, and in doing so cause U
14 physical injury, harm, or damage to a person on the property or to a person or property
15 nearby; or
16 (3) The condition of the property is such that it harbors or is inhabited by pests, vermin, or
E
17 organisms injurious to human health, safety, and welfare, the presence of which
18 constitutes an immediate hazard to a person or people in the vicinity.
19 Inspection warrant means a court order authorizing the Building Oefficial or his or her
20 designee to perform an inspection of a particular property named in the warrant.
0
21 Intensification of use means an increase in capacity or number of units of a residential or -
22 commercial building. a
23 Interior finish means the preparation of interior spaces of a commercial building for the first
0.
24 occupancy thereof.
25 Licensed contractor means a contractor certified by the state or the local jurisdiction who has
26 satisfied all state or local requirements to be actively engaged in contracting.
27 Market value means as defined in the floodplain regulations of part 11 of this Code.
28 Natural Rock means any naturally occurring aggregate of minerals or a body of
29 undifferentiated mineral matter formed into a rigid_ composition by exposure to varying degrees_ of o
30 heat and/or pressure and belonging to one of the three main classes: igneous, sedimentary,
31 including limestone, and metamorphic.
32 Nonconversion Agreement means as defined in the floodplain regulations of part 11 of this
33 Code. U
34 Normal maintenance or ordinary minor repair work means the repair or replacement of any
35 existing component if the replacement has the same size, capacity, technical characteristics and 0
36 location, as determined by the Bhuilding Oefficial, and if the fair market value of the repair work U
37 or replacement is less than $2,500.00.
38 Owner's agent means a person, firm or entity authorized in an original writing executed by 0
39 the owner to act for or in place of the owner.
40 Permit means an official document authorizing performance of a specific activity regulated
41 by this chapter. a
42 Permit card or placard means a document issued by the jurisdiction evidencing the issuance
43 of a permit and recording of inspections.
44 Qualifying agent,primary, means a person:
45 (1)Who possesses the requisite skill, knowledge, experience and certificate of competency;
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S.5.a
1 (2) Who has the responsibility to supervise, direct, manage, and control the contracting
2 activities of the business organization with which he or she is associated;
3 (3)Who has the responsibility to supervise, direct, manage and control construction activities
4 on a job for which he or she has obtained a permit; and
5 (4) Whose technical and personal qualifications have been determined by investigation and
6 examination and is evidenced by his or her possession of a certificate of competency.
7 Qualifying agent, secondary, means a person:
8 (1)Who possesses the requisite skill, knowledge, experience and certificate of competency;
9 (2)Who has the responsibility to supervise, direct, manage and control construction activities
10 on a job for which he or she has obtained a permit; and 0
11 (3) Whose technical and personal qualifications have been determined by investigation and U_
12 examination and is evidenced by his or her possession of a certificate of competency.
13 Reciprocity means to accept a verified affidavit from any municipality or county of the state U
14 that the applicant has satisfactorily completed a written examination in its jurisdiction equal in
15 content with the examination required by this chapter.
16 Registered contractor means a contractor who has officially registered with the department of
17 professional regulation of the state pursuant to fulfilling the competency requirements of the local
18 jurisdiction.
19 Registration means the act or process of registering a locally obtained certificate of
20 competency with the state, or the act or process of registering a state issued certificate of
0
21 competency with the county mtt*ieipalit�,. -
22 Remodeling means work that changes the original size, configuration or material of the a
23 components of a building.
CL
24 Residential building means any one- or two-family building or accessory.
25 Roofing means the installation of roof coverings.
26 Scour means the removal of soil or fill material by the flow of flood waters. Flow moving past
27 a fixed object accelerates, often forming eddies or vortices and scouring loose sediment from the
28 immediate vicinity of the object. The term is frequently used to describe storm-induced, localized
29 conical erosion around pilings and other foundation supports, where the obstruction of flow 0
30 increases turbulence.
31 Spa means any constructed or prefabricated pool containing water jets. i
32 Special Flood Hazard Areas means an area in the floodplain subject to a 1 percent or greater
33 chance of flooding in n any given year. Special flood hazard areas are shown on FIRMS as Zone A, �s
34 AO, Al - A30, AE, A99, AH, V1 - V30, VE or V.
35 Specialty contractor means a contractor whose services do not fall within the categories 0
36 specified in F.S. § 489.105(3). U
0
37 Start of construction, building, means the removal, disassembly, repair, replacement,
38 installation or assembly of the building, structure, building system or building components in 0
39 whole or parts thereof.
40 Start ofconstruction, site, means the physical clearing of the site in preparation for foundation 0
41 working, including, but not limited to, site clearing, excavation, de-watering, pilings and soil
c�
42 testing activities.
43 Stop work order means an order by the 134uilding Oefficial, or his or her designee, that
44 requires the immediate cessation of all work and work activities described in the order.
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I Structural component means any part of a system, building or structure, loadbearing or
2 nonloadbearing, that is integral to the structural integrity thereof, including, but not limited to,
3 walls,partitions, columns, beams and girders.
4 Structural work or alteration means the installation or assembling of new structural
5 components into a system, building or structure. The term also includes any change, repair or
6 replacement of any existing structural component of a system, building or structure.
7 Substantial completion means where the construction work has been sufficiently completed
8 in accordance with the applicable local, state and federal codes, so that the owner can occupy
9 or use the project for the use for which it is intended. CL
10 Value means job cost. 0
11 V-Zone and Coastal A Zone Construction Certification Form means the Monroe County V- U-
12 Zone and Coastal A Zone Construction Certification Form for New Construction & Substantially
13 Improved/Damaged Structures as defined in the floodplain regulations of part II of this Code. U
14 .
15
16
18
19
20 4-
21 0
22 2
23 Sec. 6-26. -Windload requirements. 0
24 All major structures within the unincorporated limits of the county, except
25 mobile/manufactured homes, shall be designed pursuant to the Florida Building Code.
26
27 Sec. 6-27. -Unsafe buildings.
28 (a) Definitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which 0
29 are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire or
30 windstorm hazard, or are otherwise harmful or dangerous to human life, or which in relation 1
31 to existing use, constitute a hazard to safety or health,shall be deemed to be unsafe structures
32 by the Bbuilding Oefficial or his/her authorized designee, and a permit shall be obtained to U
33 demolish the structure or where specifically allowed by this section,to bring the building into
34 compliance with the applicable codes as provided herein. 0
35 (b)Physical criteria. 0
36 (1)A building shall be deemed a fire or windstorm hazard and/or unsafe when:
37 a. There is an accumulation of debris or other material therein representing a hazard of 0
38 combustion. 4i
39 b. The building condition creates hazards with respect to means of egress and fire
40 protection.
41 (2)A building, or a part or portion thereof, shall be deemed unsafe by the Bbuilding Oefficial
42 or his/her authorized designee if:
43 a. There is a falling away, hanging loose or loosening of any siding, block, brick, or
44 other building material; or
45 b. There is a deterioration of the structure or structural parts; or
Page
Packet Pg.4768
S.5.a
I c. The building is partially destroyed; or
2 d. There is an unusual sagging,ruling,torsion, or leaning out of plumb of the building
3 or any parts of the building and such effect is caused by deterioration or over-
4 stressing; or
5 e. The electrical, plumbing or mechanical installations or systems create a hazardous
6 condition contrary to the standards of the Florida Building Code and the National
7 Electric Code; or
8 f. There is electrical service at or in the building or structure, without a permit having
9 been obtained as required by the Florida Building Code, or CL
10 g€. An unsanitary condition exists by reason of inadequate, insufficient, or 0
11 malfunctioning sanitary facilities or waste disposal systems; or U_
12 hg. There is no potable water service or electrical service; or
13 ih. The construction, enlargement, alteration, repair or demolition of the building or U
14 part thereof or the impact resistant coverings of the building or construction or the
15 installation of systems or components within the building or structure has been
16 commenced or completed without a permit having been obtained as required by the
17 Florida Building Code or where the permit has expired prior to appropriate
18 inspections and completion or when a building or structure is occupied prior to the
19 issuance of a certificate of occupancy or certificate of completion; or
20 ji. The building or structure is vacant and abandoned, and covered at doors or windows
21 with materials not previously approved by the Bhuilding Oefficial; or -
22 k�'. The building or structure has been substantially damaged by the elements, acts of 2
23 God, fire, explosion or otherwise,
24 1. The building is being used illegally or improperly pursuant to based On the Florida
25 Building Code; or
26 i. A change in the existing use originally approved or a previously-aproved
27 existing _use has occurred without required permits, inspections, and/or
has occurred without required permits inspections and/or
28 approvals; or
29 ii. A change in occupancy classification of a building or structure or portion 0
30 thereof has occurred that does not comply with the Florida Building Code; or
31 iii. Maintenance of conditions of occupancy or requirements of the existing
32 occupancy classification of a building or structure or a portion thereof does not
33 comply with the Florida Building Code from the time period when the building �s
34 was originally constructed or with the code in effect at the time of construction;
35 and
36 mk-. The building or part thereof meets the physical criteria of an unsafe structure set U
37 forth above in Section(b)(1)(a)and/or(b)and/or Section(b)(2)(a)-(j),as determined
38 by the Building Official or Fire Marshall, with proper notice as defined in Chapter 0
39 6-27, Section (d). This provision does not supersede the authority of the B4uilding 2
40 Oefficial under the Florida Statutes or the Florida Building Code.
41 (c)Abatement:
42 (1) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated
43 by repair and rehabilitation or demolition.
44 (2) All swimming pools or spas that contain stagnant water or do not conform with Section
45 424.2.17 of the Florida Building Code are deemed unsanitary and/or dangerous to human
46 life and public welfare. If the stagnant water is not removed and/or all repairs made and
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S.5.a
I brought into full compliance with the building code within a reasonable period of time,
2 then these swimming pools or spas will be demolished.
3 (d) Notice. When the Bhuilding Oefficial or his/her authorized designee has after inspection
4 declared or deemed a building, structure, electrical, gas, mechanical or plumbing system to be
5 unsafe, then the Bhuilding Oefficial or his/her authorized designee shall issue pr-e-,,ide a
6 written unsafe declaration and/or notice of violation/notice of hearing specifying the unsafe
7 physical criteria,the suggested methods for abatement or remediation,the time period allowed
8 for the required abatement or remediation, and that the matter will be referred to code
9 compliance and be prosecuted by the code compliance department if left uncured following CL
10 expiration of*fter—the time erp iod prescribed by the Bhuilding Oefficial for that particular 0
11 declaration. The unsafe declaration and/or notice of violation/notice of hearing shall state that U-
12 the specific details concerning the violations can be obtained in writing from the Building
13 Official or his or her designee upon request. In addition, the notice will explain the right of U
14 appeal of the decision of the Building Official or his or her designee to aplicable apellate
15 tribunal, and advise that the jurisdictional time period to file an appeal is 30 days. The written
16 unsafe declaration and/or notice of violation/notice of hearing shall be mailed to the owner of E
E
17 the property in question at either the address listed in the property appraiser's database as
18 shown on the property record card for the parcel, or at the address listed in the tax collector's
19 office for tax notices via first class mail. The unsafe declaration and/or notice of
20 violation/notice of hearing shall also be affixed to the building concerned. The Building
0
21 Official or his or her designee,in his or her discretion,also or alternatively may elect to publish -
22 a notice in a newspaper of general circulation once a week for two (2) consecutive weeks, the C
23 published notice shall contain the address of the subject property and the names of the owner
0.
24 and any interested party, and state that the subject property has been found unsafe and in
25 violation of the Florida Building Code or this chapter and may be subject to demolition. If the
26 unsafe physical criteria are i-s not abated or remedied within the designated reasonable period
27 of time prescribed by the Bhuilding Oefficial or his/her designee, then the matter shall be
28 referred to the code compliance department for prosecution before the code compliance
29 special magistrate. Upon expiration of the period of appeal provided in the unsafe declaration 0
30 and/or notice of violation/notice of hearing, the Building Official may record an apropriate
31 instrument in the Official Records of the Clerk of Court, indicating that the property is in
32 violation of the Florida Building Code or this chapter. The recording of the unsafe declaration
33 and/or notice of violation/notice of hearing shall constitute constructive notice of the violation
34 to all concerned, subsequent purchasers, transferees, mortgagees, lessees, grantees, and all
35 persons claiming or r acquiring interest in the property. In the event that the violation(s) is 0
36 corrected,the Building Official shall file proof of the same upon payment for all fees incurred U
37 by the building department. This provision does not supersede the authority of the Bhuilding
38 Oefficial under the Florida Statutes or the Florida Building Code. 0
2
39 (e) General.
40 (1) All buildings now existing or hereafter constructed or developed, and all parts and portions
41 thereof, shall be continuously and uninterruptedly maintained in a safe condition, and all
42 devices or safeguards that are required by the Florida Building Code or this chapter shall
43 be continuously and uninterruptedly maintained in good working order in compliance with
44 all aplicable codes.
45 (2) The Building Official or his or her designee, on his or her own initiative or as a result of
46 reports from others, shall examine or cause to be examined every building wearing or
Page
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I reported to be unsafe, and if such is found to be an unsafe building as provided for in this
2 section,the Building Official or his or her designee shall proceed as set forth in this section.
3 (3) A buildings meeting the criteria of an unsafe building set forth above in Section (b)(1)(a)
4 or (b) and/or a criterion under Section (b)(2)(a)-(l), shall be presumed and deemed or
5 declared unsafe and a permit shall be immediately obtained to demolish the building and
6 remove it from the premises or where specifically allowed under the Monroe County (,
7 Codes, the Florida Building Code, and the Monroe County Comprehensive Plan, to
8 immediately bring the building into compliance with such Codes and Comprehensive Plan.
9 (4) Incomplete buildings commenced without a permit or for which the permit has expired, or
10 completed buildings commenced without a permit or for which the permit has expired, 0
11 prior to completion and no certificate of occupancy has been issued, shall be presumed and U-
12 deemed or declared unsafe and a permit shall be immediately obtained to demolish the
13 building and remove it from the premises or where specifically allowed under the Monroe U
14 County Codes, the Florida Building Code, and the Monroe County Comprehensive Plan,
15 to immediately bring the building into compliance with such Codes and Comprehensive
a�
16 Plan. E
17 (5) Buildings that are, or hereafter shall become,unsafe,unsanitary, or deficient,facilities with
18 inadequate means of egress, or which constitute a fire or windstorm hazard, or are
19 dangerous to human life or public welfare by reason of illegal or improper occupancy,use,
20 or maintenance, or which have been substantially damaged by the elements, acts of God,
0
21 fire, explosion or otherwise, shall be declared or deemed or declared unsafe buildin _gs oror -
22 structures and a permit shall be immediately obtained to demolish the building and remove C
23 it from the premises or where specifically allowed under the Monroe County Codes, the
CL
24 Florida Building Code,and the Monroe County Comprehensive Plan,to immediately bring
25 the building into compliance with such Codes and Comprehensive Plan.
26 (6) All costs incurred pursuant to any of the provisions of this chapter or under the Florida
27 Building Code shall be paid by the owner(s) or occupants) of the premises on which the
28 violation occurred.
29 (7) The enforcing _county department, including county department, including but not limited to the code compliance
30 department and the building department, may institute a suit to recover such expenses
31 against any liable person or may cause such expenses to be char _ged against the property �iagainst the property
32 on which the violation occurred as an enforceable lien.
33 (8) The action of the Building Official and/or Fire Marshal deeming or declaring a building to
34 be unsafe shall not be construed as authorizing unpermitted or unapproved construction,
35 development, additions, replacements, repairs, renovations, or demolition. All required 0
36 permits and approvals must be obtained prior to the commencement of any such work. U
37
38 Sec. 6-28. -Requirements not covered; liability of county or employees. 0
39 Any requirements necessary for the strength, stability or proper operation of an existing or
40 proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public
41 safety, health and general welfare, not specifically covered by the Florida Building Code or the
42 other technical codes and regulations, or this chapter, shall be determined by the Bbuilding
43 Oefbcial, or his or her authorized designee.
44
45
46
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I Sec. 6-29. -Permitting and inspections.
2 (1) The obtainment of a building department inspection or approval does not discharge,
3 exempt,waive, or otherwise release an applicant or owner from his or her duty to comply with any
4 additional requirements of the Monroe County Codes or Monroe County Comprehensive Plan.
5 Neither a Building Department inspection nor an approval issued solely by the Building
6 Department shall constitute administrative action by or approval from the Planning and
7 Environmental Resources Department.
8 The inspection or permitting of any building, system or plan by the county under the
9 requirements of the Florida Building Code shall not be construed in any court as a warranty of the
10 physical condition of such building, system or plan or their adequacy. Neither the county nor any 0
11 employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition U_
12 or inadequacy in such building, system or plan, nor for any failure of any component of such, that
13 may occur subsequent to such inspection or permitting,unless the employee of the county is found U
14 to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful
15 disregard of safety, health and welfare of the public.
16 (3) The Building Official, or his or her authorized designee, may void, rescind, suspend, or
17 revoke a permit or approval issued under the provisions of this chapter in the case of any false
18 statement or misrepresentation of fact in an application or on the plans on which the permit or
19 approval was in whole or in part based, or if a permit has been otherwise fraudulently obtained, or
20 erroneously issued.
21 0
22 Sec. 6-30. -Mobile/manufactured homes.
23 The placement of mobile/manufactured homes shall be governed by F.A.C. ch. 15C. C
24
25 Sec. 6-31. - Stop work orders.
c�
26 Upon notice from the Bhuilding Oefficial, use or work on any building, structure, electrical,
27 gas, mechanical or plumbing system that is being done contrary to the provisions of this Code,the
28 Florida Building Code, or in a dangerous or unsafe manner, shall immediately cease such use or
29 work. Such notice shall be in writing and shall be issued#i-,�-e*to the owner of the property, or to
30 his or her agent, and/or to the person doing the work, and shall state the conditions under which
31 work may be resumed. Where an emergency exists, the Bhuilding Oefficial shall not be required
32 to give a written notice prior to stopping the work. U
33
34 Sec. 6-32. -Working through a stop work order.
35 If any person or entity is found by the contractors examining board to violate this chapter by 0)
36 continuing to perform work subsequent to the issuance of a stop work order/red tag and/or a cease
37 and desist order, the contractors' examining board may take such action as it deems necessary and 0
38 proper to cease such activity, up to, and including a six-month suspension of the permit pulling
39 privileges of any contractor, including but not limited to subcontractor(s), performing such work.
40
c�
41 Sec. 6-33. - Site debris.
42 (a) The contractor and/or owner of any active or inactive construction project shall be responsible
43 for the clean-up and removal of all construction debris or any other miscellaneous discarded
44 articles prior to receiving final inspection approval.
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S.5.a
I (b) Construction jobsites must be kept clean, such that accumulation of construction debris must
2 not remain on the property or a period of time exceeding 14 days.
3 (c) All construction related debris and/or construction related materials, shall be kept in such a
4 manner as to prevent it from being spread by any other means.
5 (d) After a tropical storm watch or warning or a hurricane watch or warning is issued, all
6 construction related materials, including but not limited to,roof tiles, lumber, scaffolding and
7 debris shall be removed from the construction site, or secured in such a manner as to minimize
8 the danger of such materials causing projectile damage to persons or property due to a high
9 wind event. This prohibition shall continue until the tropical storm watch or warning or
10 hurricane watch or warning is lifted. 0
11 U-
12 Secs. 6-34-6-54. -Reserved.
13 U
14 DIVISION 2. -ADMINISTRATION
15 Sec. 6-55. -Building department.
16 (a) Organization and administration. There is hereby established a department called the E
17 Bhuilding Ddepartment headed by the Bduilding Oefficial. Upon recommendation of the
18 Csounty Aadministrator, the department shall be assigned to the division of county
19 government that the Bdoard of Cc-ounty Cc-ommissioners determines appropriate. The
20 Csounty Aadministrator with the approval of the Bhoard of Csounty Cc-ommissioners shall 0
21 designate the Bhuilding Ocial. 0 effi
22 (b) Employee qualifications. The Bduilding Oefficial shall be licensed as a building code
23 administrator by the state. All appointed or hired inspectors and plan examiners shall meet the C
24 qualifications for licensing in the appropriate trade as established by the state.
25 (c) Building official authority and duties. In addition to the jurisdiction, authority and duties that
26 may be conferred upon the Building Official by other provisions of the Monroe County Codes,
c�
27 t-The Bduilding Oefficial shall have authority to administer, interpret, and enforce provisions
28 of the Florida Building Code, r management r-ep14ie+F and this chapter. Such �
29 authority,jurisdiction, and duties shall include the following: 0
30 (1) To process building permit applications and issue, void, rescind, suspend, and revoke
31 building permits and/or applications;
32 (2) To inspect sites, buildings and structures as required by this chapter, the Florida Building
33 Code and the Standard Unsafe Building Abatement Code;
34 (3) To issue, void, rescind, suspend, and revoke certificates of occupancy and certificates of
35 completion; 0
U
36 (4) To maintain building permits, financial, and ether public records ruler of the 0
37 departments;
38 (5) To establish such policies, a*d procedures and rules of procedure necessary for the
39 administration of his or her responsibilities under the Florida Building Code and this
40 chapter;
41 (6) To provide a recording secretary for the purpose of keeping the board of adjustment and
42 appeals;
43 (7)To apprise the Construction Board of Adjustment and Appeals of all facts and information
44 at his or her disposal with respect to matters brought before it,
45 (8) To apprise the Contractors Examining Board of all facts and information at his or her
46 disposal with respect to matters brought before it,
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1 ( -7) To be the official authoritative source to render interpretations of this chapter and the
2 Florida Building Code;
3 (0,9) To enforce provisions of the Florida Building Code and this chapter and the provisions
4 of Ch. 122 of the Monroe County Land Development Code (part II of this Code) as the
5 designated Floodplain Administrator;
6 (113) To issue stop work orders;
7 (12) To issue cease and desist orders and/or cease and desist letters,
8 (13) To prevent any imminent threat of any violation of the Florida Building Code or this
9 chapter; CL
10 (14) To prepare and submit petitions for declaratory statements to the Florida Building 0
11 Commission, U-
12 (15) To prepare and submit requests for non-binding interpretations of the Florida Building
13 Code to the Florida Building Commission and/or Building Officials Association of U
14 Florida,
15 (16,0) To conduct all other such duties and responsibilities as are otherwise required by the
16 Florida Building Code and this chapter;
E
17 (17-�)To determine the extent of damage or destruction of nonconforming uses and structures,
18 in cooperation with the Pplanning Mirector;
19 (18) To the extent such decision may substantively involve the Florida Building Code or this
20 chapter, in his or her discretion, issue a concurrence with the Planning Director's
21 decision to suspend consideration of any application for development approval during -
22 the pendency of a code compliance proceeding involving all or a portion of a parcel C
23 proposed for development, CL
24 (12) To r-eview btiilding pefmit applie4iens for-repair-wit4in areas of speeial flood hazard to
25
26 manageme ft e ,.ede;
c�
27
28 wit4in areas of speeial flood hazard to enstir-e t44 t4e proposed eenstmetion (inelttdiffg
29
30 t4e eede
31 19 "To advise permittees that additional federal or state permits may be required, and if i
32 specific federal or state permits are known to have been issued, to require that true and
33 correct complete copies of such permits be obtained and provided and maintained on
34 file with the building permit application;
35 (20) Whenever the Building Official reasonably believes that the work for which a permit or 0
36 proval has been issued is not being performed in conformity with plans, 0
ap
37 specifications, or descriptions, or approved plans are not being kept at the site, to take
38 appropriate action authorized under the Florida Building Code, this chapter, or as 0
39 otherwise provided for in the County Codes,
40 u
41
43
45
46 (ineltidi g basement) of all new or- „ sta ti lly i e st,- es;
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I
3
4
5
6 � �,
7
9 (21) Alhe* base flood elevatie* data has *et bee* pfevided i* aeeefda*ee w4h ehaptef 122, CL
10 0
11 U_
12 f toe ,.ede;
13 21 ( }To provide the Bboard of Cc-ounty Cc-ommissioners and the Pplanning Csommission U
14 with reports and recommendations with respect to matters before such bodies, as
15 directed by the Bboard of Cc-ounty Cc-ommissioners
16 dife�et Pplanning Ddirector, Assistant County Administrator, or the Csounty
17 A-administrator; and
18 22 {2�To administratively review those building permits issued before October 1, 1998
19 and close said permits if no known factor exists to keep said permit open.
20 (23) Concealed Work. The Building Official may order portions of the structural frame of a
0
21 building and/or structure to be exposed for inspection when, in his or her opinion, there -
22 are good reasons to believe that a building or a part or portion thereof, is in an unsafe or C
23 dangerous condition or that there is willful or negligent concealment of a violation of
CL
24 the Florida Building Code or this chapter.
25 (24) Illegal Chan ego Occupancy/Occupancy Use. Whenever any building or structure or
26 part or portion thereof is being used or occupied contrary to the provisions of the Florida
27 Building Code or this chapter, the Building Official shall order such use or occupancy
28 discontinued and the building or structure or part or portion thereof vacated. Such order
29 shall be by notice in writing, issued to the person or persons using, or causing to be used,
30 such building or structure or part or portion thereof. Use or occupancy shall not resume
31 until the violations for which particular notice was issued have all been cured. i
32 (d)Defense of Building Oefcial. The county shall defend the Bbuilding Oefficial in any action
33 wherein the Bbuilding Oefficial's act of administratively closing an open permit is challenged.
34 If said defense is unsuccessful, the county shall be responsible for any damages resulting
35 directly from the action against the Bbuilding Oefficial.
36 U
0
37 Sec. 6-56. - Construction board of adjustment and appeals.
38 (a)Jurisdiction, authority, and duties. There is hereby established a board called the construction 0
39 board of adjustment and appeals. This board shall have the following jurisdiction, authority,
40 and duties: u
41 (1)To consider and render decisions on appeals of administrative decisions and interpretations
42 of the Bbuilding Oefficial or his or her authorized designee related to the Florida Building
43 Code and this chapter;
44 (2) To consider and grant variances to the Florida Building Code; and
45 (3)To approve cost approach appraisals for determination of€atemarket value pursuant to the
46 floodplain regulations under part II of this Code.
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1 (4) This board shall not serve as the local construction regulation board. The contractors
2 examining board shall serve as the local construction regulation board. The powers and
3 duties of the contractors examining board are defined in chapter 6, division 3 of this Code.
4 (5) The failure or denial of a permit pursuant to or by reason of the planning director's
5 determination of non-compliance with part 11 of this Code or with the Comprehensive
6 Plan shall not be within the jurisdiction or scope of review of the board of adjustment
7 and appeals. The failure or denial of a permit pursuant to or by reason of administrative
8 actions, decisions, or interpretations regarding the floodplain management provisions of
9 the county Codes shall not be within the jurisdiction or scope of review of the board of
10 adjustment and meals. No decision by the code compliance special magistrate, by the 0
11 planning commission,by an administrative hearing officer,or by the historic preservation U_
12 commission, shall be jurisdictionally reviewable or within the scope of review of the
13 board of adjustment and appeals. U
14 (b)Membership, appointment, removal, terms, and vacancies:
15 (1) The construction board of adjustment and appeals shall consist of ten members.
16 (2) The construction board of adjustment and appeals shall consist of all the members of the
17 contractors examining board,with the exception of the two alternate members as provided
18 for in section 6-263(6) plus one registered architect and one registered professional
19 engineer appointed by the board of county commissioners.
20 (3)Terms of office,removal,vacancies,the regularity of meetings and administrative hearings
0
21 shall be governed by the same rules and regulations as the contractors examining board. -
22 (c) Standard of Review. An meal under this section shall be considered an meal to an C
23 administrative tribunal and shall not be a hearing de novo but shall be limited to appellate
0.
24 review of the record created before the Building Official. The appellant shall be required to
25 demonstrate that the Building Official's, or his or her designee's, decision or interpretation is
26 clearly erroneous, based upon clearly convincing record evidence. In resolving an meal
27 under this section, the Building Official's administrative interpretations of the Florida
28 Building Code and this chapter, the county Building Department's administrative staff
29 interpretations of the Florida Building Code and this chapter, and the county Planning _and 5
30 Environmental Resources Department's and the county Code Compliance Department's
31 administrative staff interpretations of the Monroe County Codes are leery entitled to
32 deference and great weight before the construction board of adjustment and meals, at trial,
33 and on appeal, and such administrative interpretations should not be modified or overturned
34 unless clearly erroneous. If such administrative interpretation is within the range of possible
35 and reasonable interpretations, it is not clearly erroneous and should be affirmed. 0
36 (d) StandiLg. An meal may be initiated by the owner of a building, structure, or service system, U
37 who has received a final, written administrative decision or interpretation from the Building
38 Official or his or her authorized designee, or by a person who, as a result of such a decision 0
39 or interpretation, has suffered or will resultantly suffer a special injury differing in kind from
40 that suffered by the community at large. For justiciability or standing�purposes, the only �
41 interests covered by special injuries under this section are interests expressly protected by this
42 chapter, the Florida Building Code, or health and safety interests. It shall be legally
43 insufficient for justiciability or standing purposes for an appellant to allege ge a special injury
44 that is only different in degree from the community at large and that is not different in kind
45 from the community at large. Further,for justiciability or standing purposes, an alleged special
46 injury must exceed in degree the general interest in a community_good. For example,take the
Page
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I following non-exhaustive scenarios: Neither party's claim that such a decision or
2 interpretation adversely affects his or her generalized interest in environmental or natural
3 resource protection, nor a party's claim that such a decision or interpretation adversely affects
4 his or her generalized interest in building code enforcement, shall be justiciable.
5 (e) The Record. The appellant's record shall close upon the date of the final administrative decision
6 or interpretation of the Building Official. The Building Official shall have up to 70 calendar
7 days from the date the appellant's notice of appeal is deemed properly and timely filed, and
8 complete, in which to serve all parties and the construction board of adjustment and appeals
9 all staff reports and materials that his or her final administrative decision or interpretation CL
10 relied upon. 0
11 (f) Discovery. No discovery shall be taken in an appeal under this section. No subpoenas may be U_
12 issued for documents or witnesses under this section.
13 (g) Action of the Construction Board of Adiustment and Appeals. The construction board of U
14 adjustment and appeals shall consider all of its proceedings at a duly advertised public hearing
15 following receipt eceipt of all records concerning the subject matter of the appeal and following _the
16 Building Official's arrangement for the scheduling of said hearing. Any person entitled to
17 initiate an appeal may, along with County staff and counsel, have an opportunity to address
18 the construction board of adjustment and appeals at that hearing and all parties to the appeal
19 shall have the opportunity to present evidence and create an appellate record before the
20 construction board of adjustment and appeals; the term "appellate record" shall not be
21 construed or interpreted to abrogate subsections (c) or(e) of this section. Any appeals before -
22 the construction board of adjustment and appeals shall be based upon and restricted to the
23 record in conformity with subsections (c) and(e) of this section. C.
24 L)IJDee&iow Appeal to Administrative HeariLg O acer. Any person participating as an appellant
25 or appellee may request an appeal of the decision of the construction board of adjustment and
26 appeal, under Chapter 102, Division 2 of Part II of this Code by filing the notice required by
27 that article within 30 days after the date of the written decision of the construction board of
28 adjustment and appeals. The,ens ,- etio board f adj,,stme t and appeals shall,i evel=y ease, c3
29
30
31 i
32
33
34
35 0
36 deeision shall be sent by mail or- ethefwise to t4e appellant and a eepy shall be kept p4liely U
37 0
38 0
39
40
41 Sec. 6-57. -Administrative*Appeals and Procedures.
42 (a) Scope of appeals. An appellant may file an appeal under Section 6-56(a)(1) The ^,:ne-
43
44
45 to the construction board
46 of adjustment and appeals only if one of the following conditions is alleged to exist:
Page
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S.5.a
1 (1) The Bhuilding Oefficial or his or her authorized designee rejected or refused to approve
2 the mode or manner of construction proposed to be followed or materials to be used in the
3 installation or alteration of a building, structure or service system;
4 (2) The provisions of the Florida Building Code or this chapter do not apply to this specific
5 case;
6 (3) An equally good or more desirable form of installation can be employed in any specific
7 case; or
8 (4)The tme plain meaning, intent, or purpose and fne „g of the Florida Building Code,this �
9 chapter, or any of the regulations thereunder have been misconstrued or incorrectly a
10 interpreted. 0
11 (b)Initiation of appeals. A notice of appeal in the form prescribed and approved by the Building U-
12 Official must be timely filed by the appellant with the county Building Department within 30
13 calendar days of the date of the decision or interpretation forming the subject of the appeal, U
14 and must be timely served upon the County Attorney's Office within 30 calendar days of such
15 date. The notice of appeal shall be accompanied by a nonrefundable fee. No notice of appeal
16 shall be deemed complete without payment of required fees. The failure to timely and properly
17 initiate an appeal under this section shall constitute an irremediable jurisdictional waiver of
18 any rights to meal or otherwise challenge or attack such decision or interpretation,for failure
19 to exhaust available administrative remedies. The waiver effectuated by failure to timely and
20 properly meal within 30 calendar days of such decision or interpretation, shall also operate
0
21 as an irrevocable jurisdictional wavier of the right to appeal or otherwise challenge or attack -
22 any portionof a subsequent administrative decision or interpretation, that in part or in whole C
23 relies upon an earlier related administrative decision or interpretation,which was never timely
0.
24 and properly appealed pursuant to this section.
25 (1) Upon receipt of a notice of appeal, the Building Department shall deem it complete, and
26 properly and timely filed, or shall deem it improperly or untimely filed, or incomplete. The
27 County shall have 30 working days to notify an appellant if its notice of appeal is untimely
28 or improperly filed or is incomplete. No further action shall be taken on the meal
29 application unless all deficiencies are remedied. An untimely, improperly filed, or
30 incomplete notice of meal shall not constitute a valid, legally effective, or legally
31 cognizable notice of appeal, and in no event shall the 30-day period to initiate a notice of
32 appeal under this section be tolled during any periodin which a notice of meal has been
33 deemed improperly filed, incomplete, or otherwise insufficient.
34 (2) If the Building Department determines the notice of meal is complete, and has been
35 properly and timely filed, it shall notify the appellant.
36
37 0
38 0
39 ..
40 (c) Brie s �s. Briefs, if any, shall be typed or printed pursuant to the same rules for u
41 appellate briefs set forth in the Florida Rules of Appellate Procedure. The appellant's initial
42 brief shall be served upon the attorney of record for Monroe County and filed with the
43 Building Department within up to 30 days of notification that the appellant's notice of appeal
44 has been deemed complete and timely. The answer brief shall be served upon appellant within
45 M to 30 days of the filing and service of the initial brief. A reply brief, if any, must be served
46 upon the attorney of record for Monroe County and filed with the Building Department within
Page
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S.5.a
1 15 days of the filing and service of the answer brief. An argument, issue, or ground for relief
2 not raised in the initial brief is deemed abandoned and waived and may not be raised for the
3 first time in a reply brief.
4 (1)All briefs shall contain the following_
5 a. The style of the meal;
6 b. The case number, if any,
7 c. The name of the party on whose behalf the brief is filed,
8 d. The name,address,e-mail address,and telephone number of the person filing the brief,
9 e. The electronic or non-electronic signature of the person filing the brief, and C,
10 f. A certificate of service that copies have been furnished to all other parties to the 0
11 appeal. U_
12 (2)All initial briefs shall, at minimum, contain the following_
13 a. A table of contents listing the issues presented for review, with reference to pages, u
14 b. A table of citations with cases listed alphabetically, statutes and other authorities and
15 the pages of the brief on which each citation wears;
16 c. A statement of all disputed issues of material fact. If there are none, the initial brief
17 must so indicate,
a�
18 d. A concise statement of the ultimate facts alleged, including the specific facts the
19 appellant contends warrant reversal of the Building Official's administrative decision
20 or interpretation; and
0
21 e. An exhaustive statement of all specific local Code sections, ordinances, state statutes,
22 or administrative rules the apellant contends require reversal of the Building C
23 Official's decision or interpretation, including_ an n explanation of how the alleged facts
0.
24 relate to said Code sections, ordinances, state statutes, or administrative rules, and
25 f. A conclusion, of not more than one page, setting forth the precise relief sought.
26 (3)All reply briefs, if any, shall, at minimum, contain the following_
27 a. A table of contents listing the issues presented for review, with reference to pages,
28 b. A table of citations with cases listed alphabetically, statutes and other authorities and
29 the pages of the brief on which each citation wears; and 0
30 c. A conclusion, of not more than one page, setting forth the precise relief sought. Upeff
31 i
32
33 of adjttstme*t a-Rd appeals. The bttildi*g offieials shall prepare a staff r-epot4 a-Rd shall
34
35 0
0
37 (d) Motions. All motions shall be in writing and shall fully state the action requested and the
38 grounds relied upon. All motions must be filed with the Building Department and served on 0
39 all parties. Non-moving partiesmay, within 20 days of service of a motion, file a response in
40 opposition.No reply to the response shall be permitted.Motions other than motions to dismiss,
41 for a more definite statement, or to strike, shall include a statement that the movant has
42 conferred with all other parties of record and shall state as to each party whether the party has
43 any objection to the motion. The statement that the movant was unable to contact the other
44 party or parties before filing the motion must provide information regarding the date(s) and
45 method(s)by which contact was attempted.
46 (1)Motions to Dismiss.
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I a. A motion to dismiss may be filed no later than 30 days after the filing and service of
2 the initial brief. The service of such a motion to dismiss shall alter the period of time
3 by which the appellee must file and serve its answer brief so that if the construction
4 board of adjustment and appeals denies the motion, the appellee's answer brief shall
5 be filed and served within 30 days after appellee's attorney of record's receipt of the
6 order denying the motion. (,
7 b The appellee may file a motion to dismiss the meal with no applicable time limit if
8 the motion is based upon a lack of jurisdiction or incurable errors in the notice of
9 appeal or meal brief. CL
10 (2) Motions for More Definite Statement. If a brief is so vague and ambiguous that a party 0
11 cannot reasonably be required to frame an answer brief or reply brief,that party may move U-
12 for a more definite statement before interposing an answer brief or reply brief. The service
13 of such a motion for a more definite statement shall alter the period of time by which the u
14 appellee must file and serve its answer brief so that if the construction board of adjustment
15 and meals denies the motion, the appellee's answer brief shall be served within 30 days
16 after the appellee's attorney of record's receipt of the order denying the motion. The motion
17 shall point out the defects complained of and the details desired. If the construction board
18 of adjustment and meals grants such motion, the amended brief shall be filed and served
19 within 20 days after notice of the board of adjustment's action. If the motion is granted and
20 the board of adjustment's order is not obeyed within 20 days after notice of the order or
21 such other time as the hearing officer may fix,the meal shall be dismissed with prejudice. -
22 (3) Motion to Strike. A party may move to strike or the construction board of adjustment and C
23 appeals may strike redundant, immaterial, impertinent, scandalous, or non-record material
CL
24 from any brief or motion at any time.
25 (4)Motion for Extension of Time. Motions for extension of time shall be filed and served prior
26 to the expiration of the deadline sought to be extended and shall state good cause for the
27 request.
28 (5)Motion for Continuance. Motions for continuance of an meal hearing may be granted for
29 good cause shown. Except in cases of emergency, motions for continuance must be made
30 at least five (5) business days prior to the date noticed for the hearing
31 (6) Motion (Request) for Judicial Notice. The construction board of adjustment and meals
32 shall take judicial notice of any matter set forth below when a pally properly motions for
33 it and gives each adverse party timely written notice of the request,proof of which is filed
34 with the county Building Department and served upon the opposing attorney of record, to
35 enable the adverse party to prepare to meet the request and furnishes the court with 0
36 sufficient information to enable it to take judicial notice of the matter. u
37 a. Specifically identified (by pinpoint citation) duly enacted ordinances and resolutions
38 of the Monroe County Board of County Commissioners. 0
39 b. Specifically identified(by pinpoint citation)provisions of the Monroe County Code of
40 Ordinances and Monroe County Land Development Code.
41 c. Specifically identified (by pinpoint citation) objectives,policies, and provisions of the
42 Monroe County Comprehensive Plan.
43 d. Specifically identified (by pinpoint citation)provisions in the Florida Building Code.
44 e. Specifically identified(by pinpoint citation)public statutory law and resolutions of the
45 Florida Legislature and the Congress of the United States.
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S.5.a
I f. Specifically identified legislative staff reports and legislative materials prepared in
2 connection with slip laws corresponding to public statutory law of the Florida
3 Legislature and the Congress of the United States.
4 g. Specifically identified (by pinpoint citation)rules or regulations in the Code of Federal
5 Regulations.
6 h. Specifically identified (by pinpoint citation) rules or regulations in the Florida
7 Administrative Code.
8 (e) ComputinZ Time. In computing the jurisdictional period of time an appellant must file a notice
9 of appeal herein, the day the final administrative decision is issued shall be included. In
10 computing any other period of time under this section,the day of the act from which the period 0
11 of time begins to run shall not be included. The last day of the period shall be included unless U-
12 it is a Saturday, Sunday, or legal holiday as that term is defined at Florida Rule of Judicial
13 Administration 2.514(a)(6), in which event the period continues to run until the next day that U
14 is not a Saturday, Sunday, or legal holiday as that term is defined at the foregoing Florida Rule
15 of Judicial Administration.
16 fa' Decisions on appeals. In rendering its decision in accordance with the provisions of section 6-
17 56(gc-), the construction board of adjustment and appeals must find that at least one of the
18 conditions in subsection(a)of this section have been met in order to overturn an administrative
19 decision or interpretation of the B4uilding Oefficial or his or her designee.
20
21
22 t4e ktilding ffiei l
23
24 Sec. 6-58. -Variances.
25 (a) Purpose. The purpose of this section is to establish procedures and standards for varying the
26 application of provisions of the Florida Building Code.
27 (b)Authority and scope of authority. The construction board of adjustment and appeals shall have
28 the authority to vary the application of any provision of the Florida Building Code in
29 accordance with the standards in subsection (d) of this section. The construction board of 0
30 adjustment and meals shall not consider variance requests pertaining to flood lain
31 management requirements which shall be reviewed pursuant to the provisions of Ch. 122 of
32 the Monroe County Land Development Code (part II of this Coded
33 (c) Application and procedures. An application in the form prescribed and approved by the �s
34 Building Official must be timely filed by the applicant with the Building Department within
35 30 days of the date of the decision, determination, application, or interpretation of the Florida 0
36 Building Code by the Building Official or Building Department staff person triggering or U
37 giving ving rise to the variance application. The application shall be accompanied by a 0
38 nonrefundable fee. No application shall be deemed complete without payment of required 0
39 fees. The failure to timely and properly file a variance application under this section shall
40 constitute an irremediable jurisdictional waiver of any rights to meal or otherwise challenge
41 or attack such decision, determination, application, or interpretation of the Florida Building
42 Code, for failure to exhaust available administrative remedies. The waiver effectuated by
43 failure to timely and properly appeal within 30 calendar days of such action shall also operate
44 as an irrevocable jurisdictional waiver of the right to meal or otherwise challenge or attack
45 any portion of a subsequent decision, determination, or interpretation of the Florida Building
46 Code, that in part or in whole relies upon an earlier related decision, determination,
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S.5.a
I application, or interpretation of the Florida Building Code, for which a variance application
2 was never timely and properly filed.
3 (1) Upon receipt of a variance application, the Building Department shall deem it complete,
4 and properly and timely filed, or shall deem it improperly or untimely filed, or incomplete.
5 The County shall have 30 working days to notify an applicant if the application is
6 improperly filed or is incomplete. No further action shall be taken on the variance
7 application unless all deficiencies are remedied. An untimely, improperly filed, or
8 incomplete variance aplication shall not constitute a valid, legally effective, or legally
9 cognizable variance application, and in no event shall the 30-day period to initiate an CL
10 application for variance relief under this section be tolled during any period in which a 0
11 variance application has been deemed improperly filed, incomplete, or otherwise U-
12 insufficient.
13 (2) If the Building Department determines the variance application is complete, and has been U
14 properly and timely filed:
15 a. The Building Department shall notify the applicant, and the Building Official or his or
16 her designee shall arrange for a hearing to be scheduled before the construction board E
E
17 of adjustment and appeals;
18 b. Within sixty(60)days of receipt of a complete and properly and timely filed aplication
19 for a variance under this section, the Building Official and/or his or her designee(s)
20 shall review the aplication, and file a Report and Recommendation with the
0
21 construction board of adjustment and appeal. The same shall be served upon the -
22 applicant. The variance aplicant may file a written objection to the Reports and 29=
23 Recommendations of the Building Official and/or his or her designee(s) within 30
0.
24 calendar days of the date of filing of the Report(s) and Recommendation(s).
25
26
27
28 '
29
30
31 i
33 (d)Decisions on variance requests. U
34 (1) In rendering its decision in accordance with the provisions of section 6-56(gs), the �
35 construction board of adjustment and appeals shall only grant a variance if it finds that 0
36 enforcement of the Florida Building Code to this specific situation would do manifest U
37 injustice and would be contrary to its intent,text,sand purpose, and the public interest,
38 and if it also finds all of the following: 0
2
39 Special conditions and circumstances exist that are peculiar to the building, structure or
40 service system involved and that are not applicable to others;
41 b.(-2) The special conditions and circumstance do not result from the action or inaction of the
42 applicant;
43 c.(-3-) Granting the variance requested will not confer on the applicant any special privilege
44 that is denied by the Florida Building Code to other buildings, structures or service
45 systems;
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S.5.a
I d.(4) The variance granted is the minimum variance that will make possible the reasonable
2 use of the building, structure or service system; and
3 £(--'�) The grant of the variance will be consistent with the text,
4 intent and purpose of this Code and will not be detrimental to the public health, safety
5 and general welfare.
6 (2) The applicant carries the initial legal and evidentiary burden to demonstrate compliance
7 with the County's Codes and Florida Building Code, and to support its application. The
8 applicant's evidentiary burden shall be to prove all material factual allegations by clear and
9 convincing evidence. C,
10 (3) In resolving an application under this section, the Building Official's administrative 0
11 interpretations of the Florida Building Code and this chapter, the Building Department's U-
12 administrative staff interpretations of the Florida Building Code and this chapter, and the
13 Planning and Environmental Resources Department's and the Code Compliance U
14 Department's administrative staff interpretations of the Monroe County Codes are legally
15 entitled to deference and great weight before the construction board of adjustment and
16 appeals, at trial, and on meal, and such administrative interpretations should not be
17 modified or overturned unless clearly erroneous. If such administrative interpretation is
18 within the range of possible and reasonable interpretations, it is not clearly erroneous and
19 should be affirmed.
20 (e)Limitations. When the construction board of adjustment and meals considers whether to grant
0
21 a variance, the following factors shall not be considered material or relevant to the board of -
22 adjustment and appeals' decision: 29=
23 The physical disabilities or handicaps and health of the applicant or members of his or her
0.
24 family,
25 (2) The domestic difficulties of the applicant or members of his or her family;
26 (3) The financial difficulty of the applicant in complying with this chapter or with the Florida
27 Building Code,
28 (4) The difficulty of marketing, advertising, or selling the property, building, or structure,
29 (5) The uses, occupancies, types, configuration, value, elevation, or materials of surrounding
30 or nearby buildings or structures,
31 (6) Any difficulty related to a codified law, rule, regulation, or matter of record, which the i
32 applicant or members of his or her family,were on actual or constructive notice of prior to
33 acquiring _the property, and could therefore have been avoided, or which may be cthe property, and could therefore have been avoided, or which may be t
34 characterized as a self-created hardship,
35 (7) Non-unique or non-peculiar characteristics of the applicant's property, building, or 0
36 structure. U
0
37 fa' Variance conditions. In granting the variance,the construction board of adjustment and appeals
38 may prescribe a reasonable time limit within which the action for which the variance is 0
39 required shall be commenced or completed or both. In addition, the board may prescribe
40 appropriate conditions and safeguards in conformity with the Florida Building Code. u
41 Violation of the conditions of a variance shall be deemed a violation of this chapter and the
42 Florida Building Code.
43 (g)Appeal to Administrative HearingOfcer. The applicant or the County may request an appeal
44 of the decision of the construction board of adjustment and meal, under Chapter 102,
45 Division 2 by filing the notice required by that article within 30 days after the date of the
46 written decision of the construction board of adjustment and meals.
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S.5.a
1
2 Sec. 6-59. -Right of entry.
3 (a) Inspections. Whenever necessary to make an inspection to enforce any of the provisions of
4 the Florida Building Code, or whenever the Bhuilding Oefficial or his or her authorized
5 designeebuilding has reasonable cause to believe that there exists in any building or structure reasonable cause to believe that there exists in any building or structure or upon
6 any premises any condition or code violation that makes such building, structure, premises,
7 electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the
8 Bhuilding Oefficial or his or her authorized designee may enter such building, structure or
9 premises at all reasonable times to inspect the same or to perform any duty imposed upon the
10 Bhuilding Oefficial by the Florida Building Code. If such building, structure or premises are 0
11 occupied, he or she shall first present proper credentials and request entry. If such building, U-
12 structure, or premises are unoccupied, he or she shall first make a reasonable effort to locate
13 the owner or other persons having charge or control of such and request entry. If entry is U
14 refused,the Bhuilding Oefficial or his or her authorized designee shall have recourse to every
15 remedy provided by law and equijy o secure entry.
16 (b) Prohibition on entry. When the Bhuilding Oefficial shall have first obtained a proper
17 inspection warrant or other remedy provided by law or equijy to secure lawful entry,no owner
18 or occupant or any other persons having charge, care or control of any building, structure, or
19 premises shall fail or neglect,after proper request is made as herein provided,to permit prompt
20 entry therein by the Bhuilding Official or his or her authorized designee for the purpose of
0
21 inspection and examination pursuant to the Florida Building Code and this chapter. -
22
23 Secs. 6-60-6-76. -Reserved. C.
24
25 DIVISION 3. -PERMITS, INSPECTIONS AND CERTIFICATES OF OCCUPANCY
26
27 Subdivision I. -In General
28
29 Sec. 6-77. - Certificate of competency required.
30 It shall be unlawful for any person or firm to engage in the business or act in the capacity of a
31 contractor, subcontractor, master,journeyman or maintenance personnel, as hereinafter defined,
32 anywhere within the unincorporated areas of this county without a current valid certificate of
33 competency issued by either the county or by the state. L)
34
35 Sec. 6-78. - Tests for product compliance. 0
36 For products not covered under the statewide product evaluation and approval system, the U
37 Bhuilding Oefficial or his or her authorized designee _may require tests or test reports as proof of
38 compliance. Required tests are to be made at the expense of the owner, or his or her agent, by an 0
39 approved testing laboratory or other approved agency.
40 Secs. 6-79-6-99. -Reserved. u
41
42
43 Subdivision II. -Permits
44
45 Sec. 6-100. -Permits required.
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S.5.a
I (a) Applicability. A permit shall be required for all work shown in the following table, except
2 where specifically exempted this section.
3
Work Requiring a Permit Residential Exceptions
Site preparation including: land
clearing,placements of fill, excavation, None. However, no fee (including education; contractorand blasting; however, no permit for site investigation; or tech fees)shall be charged for invasive exotic S
preparation may be issued except in ,�
conjunction with the establishment of a vegetation removal ifpermit is not classified as clearing and
CL
use or structure allowed in the land use grubbing. 0
district. LL
A permit is not required for the removal of ten or fewer stems of
invasive exotic vegetation on parcels with a lawfully established
principal use; however,this exemption shall not apply if the removal S
Removal of invasive exotic vegetation is part of a larger clearing operation undertaken in segments within
any one calendar year,whether by the same or different contractors E
and/or the property owner or if undertaken in conjunction with any a)
construction.
A permit or mitigation is not required if a property owner obtains
Pruning trimming or removal of trees documentation from an arborist certified by the International Society 0
of Arboriculture or a Florida licensed landscape architect that a tree 0
presents a danger to persons or property. C
CL
None. 0
Demolition wefk is loss than $2 500 nn and all rei4iaer, ,444ies ha a been
cs
Tie downs of habitable structures None
Those signs that are specifically exempt from permit requirements 0
Signs pursuant to part II of this Code; however,in no case shall a sign be
exempt if its installation represents a threat to life and safety.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Fences None
Sheds None. Effective July 1, 2013, sheds are no longer exempt from �
permitting per this Section.
Chickees not constructed by Miccosukee U
or Seminole Indians None 0
Any new construction and remodeling Interior remodeling where the fair market value of such work is less 0
work of principal and accessory than $2,500.00 and there is no change in the original size or
structures configuration.
Exterior and interior painting of single- and two-family residential
buildings.
Installation of carpeting and floor coverings in single- and two-
family residential buildings that have previously been inhabited,if
the fair market value of the work is less than $5,000.00.
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....................................................................................
Normal maintenance or ordinary minor repairs where the fair market
value of such work is less than $2,500.00.
.........................................................................................................................................................................................................................................................................................................................................................
All work in the electrical, mechanical, Normal maintenance or ordinary minor repairs where the fair market
and plumbing trades value of such work is less than $2,500.00.
11,11,11,111,111,111,'ll""I'll""I'll",'ll""I'll""I'll'll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""I'll""I'll",'ll"''I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""I'll""I'll",'ll""I'llI
The installation of satellite antennas and microwave receiving -(W
antennas that do not exceed one meter in diameter but only where
mounted on existing buildings or structures.
All work subject to the floodplain Normal maintenance or ordinary minor repairs where the fair market
management requirements of the Florida 0
value of such work is less than $2,500.00. 0
Building Code and part 11 of this Code LL
Resource extraction activities (as defined W
.9�
in part 11 of this Code) None U
...........................................................................................................................................................................................................................................................................................................................................................................................................................................
Any work involving life safety None
I *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new work 0
E
2 involving electrical, mechanical, plumbing or any improvements subject to floodplain regulations; and if
3 the construction,repair,remodeling or improvement work is apart of a larger or ]
inq*or operation,whether
4 undertaken by the same or different contractor. NO EXCEPTIONS apply to work conducted below base
5 flood elevation and/or subject to the floodplain management requirements of the Florida Building Code
6 and Monroe County Codes to buildings or structures located within a Coastal Barrier Resource System
0
7 (CBRS) or structures located within flood zone AE or flood zone VE. All residential work that is exempt 4-
0
8 from Monroe County permitting shall still comply with the Florida Building Code,this chapter, and part 11 a
.2
9 of this Code and shall be subject to code compliance. CL
10 0
11 (b) Separate permit required. A separate permit shall be required for each principal structure and
12 any dock, seawall, and riprap accessory structure.
13 (c)Blanket invasive exotic removal permit. An annually renewable blanket permit for the removal
14 of invasive exotic vegetation is available to not-for-profit conservation agencies as approved
15 by the county biologist. 0
16 (d) Permit exemptions for a Hurricane W41ma. event with declared a State of Local EmeLgencv.
17 Notwithstanding the provisions of subsection (a) of this section, the following work shall be
18 exempted from requiring a permit prior to the time periods specified below:
19 (1) No permit shall be required where imminent danger to life or safety exists or to prevent U
20 further property damage caused by j_Hurricane Wilma. Property owners may make
21 necessary repairs to the minimum extent necessary without a permit; however,
0
22 photographs should be taken before and after the necessary repairs for inclusion with U
23 subsequent permit applications, as necessary. This exemption from the permitting 0-
24 requirements of this chapter shall be for a period of 60 days based a resolution Uproved 0
25 by the Board of County Commissioners (BOCCE 2
26 fFefn whieh t4is seetion is der-ive . The permit exemption duration may only be extended
27 at the discretion of the BOCC by an additional resolution. E
28 (2) No permit shall be required for any residential work involving the replacement of 300
29 square feet or less of storm damage roof shingle and underlaymen . This exemption from <
30 the permitting requirement of this chapter shall be for a period of 60 days based a
31 resolution approved by the Board of County Commissioners (BOCC)4 eff ��
32 date of toe or-dina-nee fFem whieh this seetion is der-ive . The permit exemption duration
33 may only be extended at the discretion of the BOCC by an additional resolution.
Page 10-F AK
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S.5.a
1 (3) No permit shall be required for any work involving the demolition/removal of dry wall,
2 cabinet and vanities, heating/cooling and electrical systems, and floor coverings in
3 flooded structures, and demolition of storm damaged accessory structures or docks,
4 seawalls, and lifts. This exemption from the permitting requirement of this chapter shall
5 be for a period of 90 days based a resolution approved by the Board of County
6 Commissioners (BOCC) f of toe off etive,a e ft4e or-dina-fleef of whieh this see ,,
rss
l is ea. The permit exemption duration may only be extended at the discretion of the
8 BOCC by an additional resolution.
9 (e) Miccosukee and Seminole chickee huts. Chickees constructed by the Miccosukee Tribe of C.
10 Indians or the Seminole Tribe of Florida require a land development permit. The term 0
11 "chickee" means an open-sided wooden but that has a thatched roof or palmetto or other U_
12 traditional materials, and that does not incorporate any electrical, plumbing, or other non-
13 wood features. Chickees shall comply with part II of this Code and shall be subject to code U
14 compliance.
15
16 Sec. 6-101. -Building permit application process.
17 (a)Application. An applicant for a building permit shall submit a completed application on a form
18 prescribed and approved by the Bhuilding Oefficial along with a nonrefundable fee, if
19 required by this chapter, and any other drawings, diagrams, and materials required by the
20 Bhuilding Oefficial to ensure compliance with the Florida Building Code and this chapter.
21 The application shall be properly executed wed by the owner of the property or his or her 0
22 authorized agent.No application shall be accepted for processing that is not deemed complete,
23 legally sufficient, and that includes payment of all required fees, without the express written C.
24 approval of the Bhuilding Oefficial.
25 (b)Agents for owner builders. In accordance with F.S. ch. 489, an agent may not apply for,nor be -�
26 issued a permit on behalf of an owner builder.
27 (c)Permit issuance. A building permit shall only be issued if the Bhuilding Oefficial finds that it
28 is consistent with the Florida Building Code and this chapter and is compliant with part II of
29 this Code, as determined by the Pplanning Wirector. 0
30 (d)Permit conditions. The Bhuilding Oefficial may place conditions on a permit as are necessary
31 to ensure development is carried out in compliance with all applicable laws and regulations. i
32 Violation of a permit condition shall be constitute a violation of this chapter by operation of
33 law. U
34 (e)Inspection prior to issuance of a permit. Before issuing a permit, the Bhuilding Oefficial may
35 examine or cause to be examined any building, electrical, gas,mechanical or plumbing system 0
36 for which an application has been received for a permit to enlarge, alter, repair, move, 0
37 demolish, install or change the occupancy. He or she, or his or her authorized designee, shall
g P Y� �
38 inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time 0
39 to time, during and upon completion of the work for which a permit was issued. He or she, or
40 his or her designee, shall make a record of every such examination and inspection and of all
41 violations of the technical codes.
42
43 Sec. 6-102. -Permit application time limitations.
44 (a) Time limitations on permit application. Unless the permit has been issued or the approved
45 permit application has been entered into the permit allocation system process as provided for
46 under part II of this Code, an application for a permit shall be deemed to have been abandoned
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S.5.a
I and become null and void six months after the date of filing for the permit,except as otherwise
2 provided for in this chapter. A one-time extension for a period of not more than 90 days may
3 be authorized by the 134uilding Oefficial provided that the extension is requested in writing
4 along with a nonrefundable fee.
5 (b) Notification of ready permit. The building department shall notify the permit applicant for
6 principal structures that the permit is ready to be issued (the "ready permit"). In the case of �+
7 applications within the permit allocation system, as governed by part II of this Code,
8 notification shall be by certified mail to the name and address given by the applicant on the
9 application. For all other permit applications, notice may be verbal or written as appropriate. CL
10 (c) Expiration of ready permits. In the case of permit applications within the permit allocation 0
11 system, ready permits that are not picked up within 60 days of the notification by certified U_
12 mail shall automatically expire and become null and void. Except for demolition permits, all
13 other permits that are ready but have not been picked up shall automatically expire in U
14 accordance with the provisions of subsection (a) of this section. In either case, to renew the
15 expired permit a new building permit application together with appropriate nonrefundable fees
16 must be submitted to the building department for approval.
17
18 Sec. 6-103. -Issued permits.
19 (a)Permit intent. A permit issued shall be construed to be a license to proceed with the work and
20 not as authority to violate, cancel, alter or set aside any of the provisions of the Florida 0
21 Building Code or a*d other technical codes or of the Monroe County Codes.Nor shall issuance -
22 of a permit prevent the Bhuilding Oefficial from thereafter requiring a correction of errors in
23 plans, construction, or violations of this the Florida Building Code or this chapter. C.
24 (b) Permit time limitations. Every permit issued shall become null and void unless the work
25 authorized by such permit is commenced within six months after its issuance, or if the work
26 authorized by such permit is suspended or abandoned for a period of six months after the time
27 the work is commenced. Work is considered commenced if it has received an approved initial
28 inspection pursuant to permit requirements or an approved temporary electrical inspection.
29 Any valid permit, for which construction has commenced, must progress in a timely fashion. 0
30 The only method by which timely valid progress of authorized work may be demonstrated is
31 through the building department's having performed and approved a required inspection oni
32 the building permit display card within 180 days measured from either:
33 (1)As to the initial inspection, the date work was required to begin; or
34 (2) As to inspections subsequent to the initial inspection, from the date of the last performed
35 and approved required inspection on the display card. 0
36 (c)Reserved. 0
37 (d)Failure to obtain inspections. Failure to obtain an approved inspection within 180 days of the
38 previous approved inspection shall constitute suspension or abandonment that shall render the 0
39 permit null and void and/or expired. Any work completed without an approved inspection
40 may be subject to code compliance proceedings.
41 (e) Extensions. After work is commenced, a one-time only extension of time for a period of not
42 more than 180 days, may be allowed by the Bhuilding Oefficial for the permit, provided the
43 extension is requested in writing and justifiable cause is demonstrated prior to the expiration
44 date. Any extension request shall be accompanied by a nonrefundable fee.
45
46
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S.5.a
I Sec. 6-104. -Revocation of permits.
2 The Bbuilding Oefficial may recognize as expired by operation of law, or suspend, void,
3 rescind, or revoke any building permit or building permit application under any one of the
4 following circumstances:
5 (1) A materially false statement is contained in the application or plans for which the permit
6 was issued;
7 (2)Work is undertaken outside the scope or contrary to the conditions of the building permit;
8 e
9 (3) The permit was issued in error and, in the opinion of the planning director, the Bbuilding CL
10 Oefficial, or the fire marshal, the error would result in a threat to the health, safety or 0
11 welfare of the public; or- U_
12 (4) On a basis authorized under the Florida Building Code or this chapter, or, pursuant to an
13 independent determination of the Planning Director upon a basis authorized under the U
14 Land Development Code.
15
a�
16 Sec. 6-105. -Permit applications for hazardous occupancies. E
17 The Bbuilding Oefficial, or his or her authorized designee, _may require that any application
require that any application
18 for a permit involving a hazardous occupancy shall contain:
19 (1) A general site plan drawn at a legible scale that shall include, but not be limited to, the
20 location of all buildings, exterior storage facilities, permanent accessways, evacuation 0
21 routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, 0
22 storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The
23 exterior storage areas shall be identified with the hazard classes and the maximum
24 quantities per hazard class or hazardous materials stored; and
25 (2) A building floor plan drawn to a legible scale, that shall include, but not be limited to, all
a�
26 hazardous materials storage facilities within the building and shall indicate rooms,
27 doorways, corridors, exits, fire-rated assemblies with their hourly rating, location of
28 liquid-tight rooms, and evacuation route. Each hazardous materials storage facility shall 'a
29 be identified on the plan with the hazard classes and quantity range per hazard class of 0
30 the hazardous materials stored.
31i
32 Sec. 6-106. -Mobile/manufactured homes plan review criteria.
33 Building permit applications submitted for placement of mobile/manufactured homes shall
34 contain, but not necessarily be limited to, the following information required by the Bbuilding
35 Oefficial for plans review: U
36 (1) Site requirements: setback/separation and location of on-site wastewater treatment 0
37 facilities;
38 (2) Structural: wind zone, flood hazard area, anchoring, and blocking; 2
39 (3) Mechanical: exhaust systems, including clothes dryer and kitchen equipment exhausts;
40 and
41 (4)Electrical: exterior disconnect location.
42
43 Sec. 6-107. -Reserved.
44
45 Sec. 6-108. -Fees.
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S.5.a
I (a)Purpose. The purpose of this section is to establish the authority, schedule, and exemptions for
2 permitting and related fees.
3 (b) Authority and fee schedule. Except as specifically established by this chapter, the board of
4 county commissioners may by resolution establish a fee schedule for,but not limited to,permit
5 applications, permits, plans examination, certificates of competency, re-inspections, permit
6 renewals, administrative fees, variance requests, and administrative appeals.
7 (c) Required. Except as authorized by this chapter, no permit shall be issued without payment of
8 all appropriate fees. Where a nonrefundable application fee is charged,the fee may be applied
9 to off-set the total permit fee at the time the permit is issued, except where the application fee CL
10 exceeds the total permit fee. In this case,the application fee shall become the total permit fee. 0
11 (d)Exemptions. Exemptions only exist as specifically provided by state statute and for volunteer U-
12 fire departments.
13 (e) Waivers. Any entity may apply to the board of county commissioners for fee waivers from the i
14 building permit and building permit application fees for construction or renovation of
15 affordable, low or very low income housing intended for occupancy for those households with
16 income up to 120 percent of the median annual adjusted gross income as defined by Monroe
17 County. Persons or entities which have a development order in effect as of February 17, 2010
18 for affordable housing may apply for such fee waivers. Persons or entities building affordable
19 housing which uses a higher percentage median income than 120 percent for qualification for
20 occupancy may apply for a waiver from building Permit and permit application fees only if
0
21 the specific project for development is being subsidized with or is leveraging state or federal -
22 funding. All such waivers apply only to the individual housing units being constructed. There
23 are no other waivers of permit fees. C.
24 (f)Refunds. No fees paid for permit fees shall be refunded without the approval of the Bmbuilding
25 Oefficial with concurrence from the planning director.
26
27 Sec. 6-109. -Building permit valuations.
28 If in the opinion of the 134uilding Oefficial or his or her authorized designee, the valuation of
29 building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be 0
30 underestimated on a building permit application,the permit application shall be denied, unless the
31 applicant can show detailed estimates to meet the approval of the Bhuilding Oefficial. Permits
32 valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and
33 other systems, including materials and labor. The permit valuation may be calculated using the
34 most recent edition of Means Construction Data and/or ICC/Construction Costs Valuation Manual
35 0
36tetie��'�� or other applicable model code organization, at the option of the 134uildin9 �
0
37 Oefficial.
38 2
39 Sec. 6-110. -Fees and permitting requirements for work done without a permit.
40 (a)After-the fact permits and fees.
41 (1)Any person who commences any work requiring a permit under this chapter on a building,
42 structure, electrical, gas, mechanical or plumbing system before obtaining the 134uilding
43 Oefficial's approval or necessary permits shall pay $500.00 for completed construction
44 work that is valued at $5,000.00 or less or, pay $1,000.00 for completed work that is
45 valued at more than$5,000.00 or ten percent of the value of the construction work already
46 completed, whichever is greater.
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S.5.a
1 (2) Before any permit may be issued under subsection (a) of this section, the person, firm or
2 corporation seeking the permit shall, at his own expense provide the building department
3 with the following:
4 a. Drawings sealed by an engineer licensed to practice in the state that certifies that all
5 work already done is in compliance with the Florida Building Code; and
6 b. A certification from an engineer licensed in the state that all steel work is in compliance
7 with the Florida Building Code and relevant state law and that such compliance has
8 been verified through generally accepted engineering practice.
9 Compliance with the engineer certification requirements of this subsection shall neither CL
10 relieve the person, firm or corporation of fully complying with all other relevant county 0
11 regulations, county ordinances or state statutes,nor from any penalties prescribed herein. U-
12 (3) Any person who commences to place fill that requires a permit under this chapter before
13 obtaining the Bhuilding Oefficial's approval or necessary permits shall: U
14 a. Pay $500.00 for fill placed over 100 square feet or less of area, or pay $1,000.00 for
15 fill placed over more than 100 square feet of area;
16 b.Pay a mitigation fee to the county's restoration fund of$3.00 per square foot of wetlands
17 area affected; and
18 c. Restore to the original condition and grade those filled areas that cannot be permitted
19 under the Florida Building Code and part II of this Code.
20 (4)Any person who commences to clear lands that require a permit under this chapter or part
0
21 II of this Code before obtaining the Bhuilding Oefficial's approval or necessary permits -
22 shall:
23 a.Pay$500.00 for clearing of 100 square feet or less of land, or pay$1,000.00 for clearing C.
24 of more than 100 square feet of land; and
25 b. Comply with the requirements of section 118-11.
26 (b) Demolition. In lieu of obtaining an after-the-fact permit or approval from the Bhuilding
27 Oefficial above, the person, firm or corporation may remove all unpermitted work and return
28 the site to its original condition. A demolition permit shall be required for all commercial work
29 (regardless of value), and for residential work when the fair market value of the unpermitted 0
30 construction work is $1,000.00 or more. For removal of unpermitted fill, a demolition permit
31 shall be required, the fees and requirements for the demolition permit including payment of
32 mitigation funds shall be the same as those for an after-the-fact permit pursuant to subsection
33 (a)(3) of this section. For unpermitted land clearing, an after-the-fact permit, not a demolition
34 permit, shall be required pursuant to the provisions of subsection (a)(4) of this section.
35 (c) Unpermitted placement offill and land clearing; after-the-fact permit. 0
36 (1) If land has been cleared in excess of what may be permitted, no building permit shall be U
37 issued for after-the-fact construction work under this section until the requirements of
38 section 118-11 and subsection (a)(4) of this section have been met. 0
39 (2) If placement of fill has occurred in excess of what may be permitted, no building permit
40 shall be issued for after-the-fact construction work under this section until the u
41 requirements of subsection (a)(3) of this section have been met.
42 (d) Work that is unpermittable. In the event the construction work, land clearing, or placement of
43 fill is unpermittable under the Florida Building Code or part II of this Code, the site shall
44 be restored to its original condition pursuant to subsection (b) of this section.
45 (e) Appeals. An appeal from any administrative decision made by the Bhuilding Oefficial in
46 enforcing this section shall be pursuant to part 11 of this Code.
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S.5.a
I (f)Emergency exemption. The provisions of this section shall not apply to emergency work when
2 delay clearly would have placed life or property in imminent danger. But in all such cases the
3 required permit must be obtained within three business days and any unreasonable delay in
4 obtaining said permit shall result in the charge of an after-the-fact permit fee as per subsection
5 (a) of this section. The payment of this fee shall not preclude or be deemed a substitute for
6 prosecution for commencing work without first obtaining a permit. The Bhuilding Oefficial
7 may grant extensions of time or waive fees when justifiable cause has been demonstrated in
8 writing.
9
10 0
11 U_
12
13 U
14
15 �he faet fees, i*e1ttdi*g after-�he faet pefmit fees shall r-e-,,et4 te �he established fee afflei
16
17 Sec. 6-111. -Motion picture, commercial and television production.
18 A special,no-fee permit, is required for construction of temporary facilities and improvements
19 incidental to motion picture, commercial and television production, including, but not limited to,
20 sets, stages, tents, and supporting facilities and power. Any such special permit shall require that 0
21 the site be restored to its original condition and shall state that the permit is not authorization for 0
22 any work requiring a permit under this chapter or part II of this Code. a
23 C,
0
24 Sec. 6-112. - Temporary structures.
25 The Bhuilding Oefficial, or his or her authorized designee,may issue a special building permit
26 for a limited time of not more than six months for the erection of temporary structures,
a�
27 including but not limited to sheds, trailers, seats, canopies, tents, and fences used in construction
28 work or for temporary uses and events. Any such permit for temporary uses shall be in compliance
29 with this section and the provisions of the Land Development Code, specifically section 130-5. 0
30 and Chapter 122 if located in flood hazard areas. Any structures shall be completely removed upon
31 expiration of the time stated in the permit, which shall be the minimum amount of time necessary
32 to accommodate the temporary use. In the event a temporary structure is required for more than
33 six months for a construction-related project, the applicant shall apply for a new special
34 building permit prior to the expiration of the original building permit.
35 U
36 Sec. 6-113. -New permit required. 0
37 If work has commenced and the permit is revoked, rescinded, becomes null and void, and/or a
38 expires because of lack of progress or abandonment, a new permit covering the proposed 2
39 construction shall be obtained before work may lawfully proceed,which may require the payment
40 of after-the-fact fees rather than regular permit fees. The Bhuilding Oefficial may require an on-
41 site inspection, plans, drawings, and other documentation. If the permit was issued under the
42 permit allocation system in part II of this Code, the applicant shall not be issued a permit until
43 awarded an allocation.
44
45 Subdivision III. -Inspections and Certificate of Occupancy
46 Sec. 6-140. -Required inspections.
Page
Packet Pg.4792
S.5.a
I The Bbuilding Oefficial, upon notification from the permit holder or his or her agent, shall
2 make inspections required by the Florida Building Code and this chapter and shall either release
3 that portion of construction or shall notify the permit holder or his or her agent of any violations
4 that must be corrected to comply with the Florida Building Code and this chapter. The Bbuilding
5 Oefficial shall determine the timing and sequencing of when inspections occur and what elements
6 are inspected at each inspection.
7
8 Sec. 6-141. -Inspection service.
9 The Bbuilding Oefficial or his or her authorized designee, _may make or cause to be made,
10 the inspections required by the Florida Building Code and this chapter. He or she may accept 0
11 reports of department inspectors, independent inspectors or of recognized inspection services, U_
12 provided that after investigation he or she is satisfied as to their licensing, qualifications and
13 reliability.A certificate required by any provision of this Code general law, or the Florida Building U
14 Code shall not be based on such reports unless the same are recorded by the building code inspector
15 or the architect or engineer performing building code inspections in a manner specified by the
16 Bbuilding Oefficial. The Bbuilding Oefficial shall ensure that all persons making such inspections
17 shall be certified in accordance with F.S. ch. 468.
18
19 Sec. 6-142. -Manufacturers and fabricators.
20 When deemed necessary by the Bbuilding Oefficial,he or she shall make, or cause to be made,
0
21 an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall -
22 be made of every such examination and inspection and of all violations of the technical codes. C
23
CL
24 Sec. 6-143. -Work concealed prior to inspection.
25 If any work is concealed before an inspection has been made and the work approved, no
26 further work shall occur on the site until the work is exposed, inspected and approved by a county
27 inspector or until certification is provided to the Bbuilding Oefficial by an architect or engineer
28 that the concealed work is in conformance with the appropriate code.
29 0
30 Sec. 6-144. -Inspections prior to issuance of certificate of occupancy.
31 In addition to the inspection requirements of section 110 4-0S, Florida Building Code, the
32 following inspections and inspection elements shall be required as deemed necessary by the
33 Bbuilding Oefficial: U
34 (1) N�ah ins-peetion. A slab inspeetion shall be made after-the r-einfer-eement is in plaee,
35 0
36
37 0
38 {�Foundation survey. A foundation survey prepared and certified by a registered surveyor 0
39 shall be required for all new construction prior to approval of the framing inspection. The
40 survey shall certify placement of the building on the site,illustrate all surrounding setback
41 dimensions and shall be available at the jobsite for review by the building inspector. In
42 lieu of providing a survey, the contractor may elect to uncover all property line markers
43 and string-up all property lines in preparation for inspection.
44
45
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S.5.a
1
3
4
5 .
6
7
8 (2-7) Final inspection requirements.
9 a. After the building or work is completed, final inspections shall be made for every CL
10 permit for work requiring plan review and approval or related to public health,safety, 0
11 and welfare, as determined by the 134uilding Oefficial or his or her authorized U_
12 designee. Any permit requiring a final inspection shall be so annotated on the issued
13 permit. U
14 b. It is the responsibility of the permit holder to call for a final inspection. Failure to
15 obtain a final inspection shall render the permit null and void and/or expired, if it is
16 not done within the duration limits for the permit as specified in this chapter. The
17 permit holder is subject to code compliance proceedings, if construction is completed
18 and no required final inspection is made. If the permit becomes null and void and/or
19 expired, no further work is authorized without a new permit or approval by the
20 B_huilding Oefficial.
0
21 0
22 Sec. 6-145. - Certificate of occupancy. 29=
23 A building or structure shall not be used or occupied,and a change in the existing use or occupana
CL
24 classification of a building or structure or portion thereof shall not be made, until the Building
25 Official has issued a certificate of occupancy as set forth in Section 111, Florida Building Code.
26 In addition to the requirements of Section 111, Florida Building Code, the following is required:
27
28
29 (a4) Issuance of certificate of occupancy. Upon completion of construction of a building or
30 structure and installation of electrical, gas, mechanical, and plumbing systems and after final
31 inspections, the 134uilding Oefficial shall issue a certificate of occupancy,provided he or she
32 does not find violations of the provisions of the Florida Building Code, this code or other
33 laws, including:
34 eenstmetion tinder-the plie ble p
35 (1) Was found in compliance with the Florida Building Code and this chapter; 0
36 (2) Was found in compliance by the Pplanning Ddirector with part II of this Code and the U
37 Floodplain Administrator with Chapter 122 of part II of the Code;
38 (3) Was found in compliance with fire prevention and life and safety codes by the fire 0
39 marshal, where applicable; and
40 (4) That any on-site sewage disposal and treatment received an approved final inspection,
41 where applicable.
42 (hp) Debris removal. No certificate of occupancy shall be issued unless all construction debris
43 is removed from the site.
44 (cd) Revocation of certificate of occupancy. The Bmbuilding Oefficial may revoke any certificate
45 of occupancy, if a false statement is contained in the permit application upon which the
46 certificate is issued or if subsequent use does not conform with the land use (zoning) district
Page
Packet Pg.4794
S.5.a
I in which the structure is located, or as authorized by the Florida Building Code or pursuant
2 to this chapter.
3 (de) Temporary certificate of occupancy. The Bhuilding Oefficial may issue a temporary
4 certificate of occupancy for no more than 12 months for portions of a building that, in his or
5 her determination, may be safely occupied prior to final completion of the building.
6 (,
7 Sees. 6 146 6 197. Reserved.
8
9
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10 DIVISION 4.—FLORIDA BUILDING CODE AMENDMENTS a
11 The following local amendments to the Florida Building Code are hereby made and incorporated to the _
12 Monroe County Code.
13 d
14 Sec. 6-146.—Florida Building Code,Buildine,Administrative Amendments. U
15
16 (a)Modify Section 107.3.5 as follows for additional flood requirements:
17
18 107.3.5 Minimum plan review criteria for buildings.
19 The examination of the documents by the building official shall include the following
20 minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof
21 framing plan or truss layout; all fenestration penetrations; flashing; and rough opening
22 dimensions; and all exterior elevations: 4-
23 * * * * * 0
24 Commercial Buildings: Building.[partial shown]
25 8. Structural requirements shall include: C
26 Soil conditions/analysis
d
27 Termite protection
28 Design loads
29 Wind requirements
30 Building envelope
31 Impact resistant coverings or systems
32 Structural calculations (if required)
33 Foundation
34 Flood requirements in accordance with Section 1612, including lowest floor
35 elevations,enclosures,nonconversion agreement,V-Zone and Coastal A Zone
36 Construction Certification Form, flood damage resistant materials
37 Wall systems
38 Floor systems 0
U
39 Roof systems 0
40 Threshold inspection plan
41 Stair systems 0
42
43 107.3.5 Minimum plan review criteria for buildings.
44 The examination of the documents by the building official shall include the following E
45 minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof
46 framing plan or truss layout; all fenestration penetrations; flashing; and rough opening
47 dimensions; and all exterior elevations:
48
49
50 Residential(one- and two-family).[partial shown]
Page AR nfAC,
Packet Pg.4795
S.5.a
1 6. Structural requirements shall include:
2 Wall section from foundation through roof, including assembly and materials
3 connector tables wind requirements structural calculations (if required)
4 Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
5 enclosures, nonconversion agreement, V-Zone and Coastal A Zone
6 Construction Certification Form, equipment, and flood damage-resistant
7 materials.
8
9
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10 (b) Modify Section 110.3 as follows: a
2
11 110.3 Required inspections. U_
12 The building official upon notification from the permit holder or his or her agent shall make the
13 following inspections, and shall either release that portion of the construction or shall notify the U
14 permit holder or his or her agent of any violations which must be corrected in order to comply =
15 with the technical codes. The building official shall determine the timing and sequencing of
16 when inspections occur and what elements are inspected at each inspection.
17 Building [partial shown]
18 1. Foundation inspection. To be made after trenches are excavated and forms erected and shall at
19 a minimum include the following building components:
20 0 Stem-wall 4-
0
21 0 Monolithic slab-on-grade
22 • Piling/pile caps
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23 0 Footers/grade beams ,0
24 1.1.In flood hazard areas, upon placement of the lowest floor, including basement, and
25 prior to further vertical construction, the FEMA Elevation Certificates
26 ^ei4i shall be submitted to the authority having jurisdiction.
27 5. Final inspection. To be made after the building is completed and ready for occupancy.
28 5.1.In flood hazard areas, as part of the final inspection, final FEMA Elevation Certificate
29 EE fiiia' eef6fte iai of the lowest floor elevation shall be submitted to the authority
30 having jurisdiction.
31 i
32 Sec. 6-147.—Florida Building Code,Buildine, Technical Amendments.
33 U
34 (a) Add a new Sections 1612.4.3, 1612.4.3.1 and 1612.4.3.2 as follows:
35 0
36 1612.4.3 Minimum and Alternate Eneineered Foundation Requirements. Design and U
37 construction of foundations in Special Flood Hazard Areas shall be in accordance with the 0
38 minimum requirements as set forth in 1612.4.3.1 or 1612.4.3.2. 0
39 2
40 1612.4.3.1 Minimum Foundation Requirements. Design of the foundation system shall a
41 be provided by a Geotechnical Engineer registered in the State of Florida in a site-specific
42 geotechnical report submitted per requirements of Section 1803.6. The foundation design
43 shall be the more stringent of recommendations of the report and meet the following
44 minimum requirements:
45 1.All structures or building foundations shall be anchored/socketed into natural rock. This
46 includes,but is not limited to,auger cast concrete piles,precast concrete piles or wooden
47 piles.
Page
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S.5.a
1 2. All concrete piling shall have full depth reinforcing to effectively resist the internal
2 forces induced by the design loads,without failure.
3 3.All piling shall be anchored to the natural rock with a 14 inch minimum diameter augured
4 socket and a minimum embedment of 3 feet.
5 4.The pile foundation support system shall be designed to resist the required lateral loading
6 for an unsupported height defined by a full scour condition.The construction documents
7 shall include a statement that the design has been completed and certified for a full scour 0
8 condition for lateral stability to the elevation of the supporting rock and in accordance
9 with ASCE 24.
10 5. Pile embedment shall include consideration of decreased resistance capacity caused by aCL
11 scour of soil strata surrounding the piling and have adequate rock penetration to resist 0
12 the combined wave and wind loads (lateral and uplift).
13
14 1612.4.3.2 Alternate Eneineered Foundation Requirements. Acceptance of a designed U
c,
15 pile foundation system which deviates from the minimum requirements of Section
16 1612.4.3.1 will be considered, provided a site-specific geotechnical investigation is
17 performed,followed by a certifying the designed foundation system is prepared and
18 submitted by a Geotechnical Engineer registered in the State of Florida,which includes an
19 engineering evaluation and recommendations for supporting the structure. The
20 geotechnical report shall include the following minimum information:
21 1. The requirements of Section 1803.6 shall be satisfied.
22 2. Resistance of the foundation system shall be no less than the governing structural 0
23 design loads. The design loading for the building or structure which is to be supported -
24 by the foundation system, as provided by the engineer of record, shall be included as C
25 an attachment.
CL
26 3. A site-specific scour analysis using equations for contraction scour which considers 0
27 any proposed fill material and final ground elevation upon project completion. An
28 estimated depth of scour shall be provided for each isolated support. For a design
29 considering a full scour condition in the absence of the site-specific analysis, the
30 construction documents shall include a statement that the design has been completed
31 and certified for a full scour condition for lateral stability to the elevation of the
32 supporting rock and in accordance with ASCE 24.
33 4. A certified survey of the subject property which include, but not limited to, the
34 following information:
35 a. Legal description of the property.
36 b. The property owner's name. U
37 c. All vertical data specified on the survey shall be referenced to NAVD 88.
38 d. The location of the property in relation to bordering roads and streets.
39 e. Property boundaries and right-of-wad U
40 f. The proposed location of the foundation elements. 0
41 5. A site plan,which includes a physical feature or reference survey marker indicated on C
42 the certified survey, indicating the location, configurations, and minimum depths of 2
43 foundation elements, and proposed grades. Locations of fill material shall be clearly
44 delineated.
45 The geotechnical report shall be provided to the County for their records. A cover sheet
46 shall be provided, attached to the report submittal, which includes or explicitly references
47 the above items. This report shall consider local scour and all applicable design loads as
48 outlined in the Florida Building Code. Pile embedment shall include consideration of
49 decreased resistance capacity caused by scour of soil strata surrounding the piling and have
50 soil and/or rock anchored resistance to resist the design combined wave and wind loads
51 (lateral and uplift).
Page
Packet Pg.4797
S.5.a
1
2
3 (b) Add a new Section 1612.4.4 as follows:
4
5 1612.4.4 Additional requirements for enclosed areas.
6
7 In addition to the requirements of ASCE 24 for new and substantially improved residential
8 buildingslimited to multi-family dwellings, apartment buildings, and condominiums) and lateral
9 additions to residential buildings (limited to multi-family dwellings, apartment buildings, and
10 condominiums),enclosed areas below the required elevation shall be not more than 299 square feet 'a
11 in area per dwelling unit. Nonconforming enclosed areas of 299 square feet or more existing on 0
12 April 12,2004, shall not be modified,improved,or expanded unless the enclosed areas are brow U_
13 into compliance.
14 U
15 Sec. 6-148.—Florida Building Code,Residential Technical Amendments.
16
17 (a)Modify Sections 322.2.2 and 322.2.3 as follows:
18
19 R322.2.2 Enclosed area below design flood elevation. Enclosed areas, below new and
c�
20 substantially improved one-and two-family dwellings,and below lateral additions to one-and two-
21 family dwellings, including crawl spaces,that are below the design flood elevation shall:
22 1. Be used solely for parking of vehicles,building access or storage. 0
23 2. Be provided with flood openings that meet the following criteria and are installed in 0
24 accordance with Section R322.2.2.1: 0
25 2.1.The total net area of non-engineered openings shall be not less than 1 square inch(645 C
26 mm2)for each square foot(0.093 m2)of enclosed area where the enclosed area is measured 'a
27 on the exterior of the enclosure walls, or the openings shall be designed as engineered
28 openings and the construction documents shall include a statement by a registered design
29 professional that the design of the openings will provide for equalization of hydrostatic
30 flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters
31 as specified in Section 2.7.2.2 of ASCE 24. 0
32 2.2. Openings shall be not less than 3 inches (76 mm) in any direction in the plane of the
33 wall.
34 2.3 The presence of louvers, blades, screens and faceplates or other covers and devices
35 shall allow the automatic flow of floodwater into and out of the enclosed areas and shall
36 be accounted for in the determination of the net open area. U
37 3. Shall not be more than 299 square feet except for perimeter wall foundations 9=
38 (crawl/underfloor spaces)with wall heights less than 5 feet. t0
39 4. Nonconforming enclosed areas of 299 square feet or more below one- and two-family 0
40 dwellings existing on April 12, 2004, shall not be modified,improved, or expanded unless the
41 enclosed area are brought into compliance with this section. 0
42
43 R322.2.3 Foundation design and construction
44 Foundations walls for buildings and structures erected in flood hazard areas shall meet the �E
45 requirements of Chapter 4 and R322.2.3.1 or R322.2.3.2. The design and construction of
46 foundations located in flood hazard areas shall be in accordance with Chapter 5 of ASCE 7 and
47 with ASCE 24.
49
50
Page
Al _FAK
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S.5.a
I
2 4 feet(1719mm)
3
4
5
6 gr-ade of the tmder- floor-spaee to the top of the wall.
7
8 (b) Add new sections 322.2.3.1 and 322.2.3.2 as follows:
9
10 R322.2.3.1 Minimum Foundation Requirements. Design of the foundation system shall be C,
11 provided by a Geotechnical Engineer registered in the State of Florida in a site-specific 0
12 geotechnical report submitted per requirements of Section 1803.6 (Florida Building Code, M
13 Building). The foundation design shall be the more stringent of recommendations of the report and
14 meet the following minimum requirements: u
15 1. All structures or building foundations shall be anchored/socketed into natural rock.
16 This includes,but is not limited to, auger cast concrete piles,precast concrete piles or
17 wooden piles. ass
18 2. All concrete piling shall have full depth reinforcing to effectively resist the internal
19 forces induced by the design loads,without failure.
c�
20 3. All piling shall be anchored to the natural rock with a 14 inch minimum diameter
21 augured socket and a minimum embedment of 3 feet.
22 4. The pile foundation support system shall be designed to resist the required lateral 0
23 loading for an unsupported height defined by a full scour condition. The construction -
24 documents shall include a statement that the design has been completed and certified C
25 for a full scour condition for lateral stability to the elevation of the supporting rock and
CL
26 in accordance with ASCE 24. 0
27 5. Pile embedment shall include consideration of decreased resistance capacity caused by
28 scour of soil strata surrounding the piling and have adequate rock penetration to resist
29 the combined wave and wind loads (lateral and uplift).
30
31 R322.2.3.2 Alternate Eneineered Foundation Requirements. Acceptance of a designed pile
32 foundation system which deviates from the minimum requirements of Section R322.2.3.1 will be
33 considered,provided a site-specific geotechnical investigation is performed, followed by a report
34 certifying the designed foundation system is prepared and submitted to the County by a �i
35 Geotechnical Engineer registered in the State of Florida,which includes an engineering evaluation
36 and recommendations for supporting the structure. The geotechnical report shall include the U
37 following minimum information:
38 1. The requirements of Section 1803.6 (Florida Building Code, Building,) shall be
39 satisfied. u
40 2. Resistance of the foundation system shall be no less than the governing structural 0
41 design loads. The design loading for the building or structure which is to be supported a
42 by the foundation system, as provided by the engineer of record, shall be included as 2
43 an attachment.
44 3. A site-specific scour analysis using equations for contraction scour which considers
45 any proposed fill material and final ground elevation upon project completion. An
46 estimated depth of scour shall be provided for each isolated support. For a design
47 considering a full scour condition in the absence of the site-specific analysis, the
48 construction documents shall include a statement that the design has been completed
49 and certified for a full scour condition for lateral stability to the elevation of the
50 supporting rock and in accordance with ASCE 24.
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S.5.a
1 4. A certified survey of the subject property which include, but not limited to, the
2 following information:
3 a. Legal description of the property.
4 b. The property owner's name.
5 c. All vertical data specified on the survey shall be referenced to NAVD 88
6 d. The location of the property in relation to bordering roads and streets.
7 e. Property boundaries and right-of-ways.
8 f. The proposed location of the foundation elements.
9 5. A site plan,which includes a physical feature or reference survey marker indicated on
10 the certified survey, indicating the location, configurations, and minimum depths of
11 foundation elements, and proposed grades. Locations of fill material shall be clearlX 0
12 delineated. U_
13 The geotechnical report shall be provided to the County for their records. A cover sheet
14 shall be provided, attached to the report submittal, which includes or explicitly references U
15 the above items. This report shall consider local scour and all applicable design loads as
16 outlined in the Florida Building Code. Pile embedment shall include consideration of
17 decreased resistance capacity caused by scour of soil strata surrounding the piling and have
18 soil and/or rock anchored resistance to resist the design combined wave and wind loads
19 (lateral and uplift).
20 _
21 (c)Modify Sections 322.3.3 and 322.3.6 as follows:
22 4-
23 R322.3.3 Foundations. a
24 Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be
25 supported on pilings or columns and shall be adequately anchored to such pilings or columns. The 0
26 space below the elevated building shall be either free of obstruction or,if enclosed with walls, the <
27 walls shall meet the requirements of Section R322.3.5.Pilings shall have adequate soil penetrations
28 to resist the combined wave and wind loads (lateral and uplift).Water-loading values used shall be
29 those associated with the design flood. Wind-loading values shall be those required by this code.
30 Pile embedment shall include consideration of decreased resistance capacity caused by scour of
31 soil strata surrounding the piling. Pile systems design and installation shall be certified in 0
32 accordance with Section R322.3.9.
33
i
34
35 U
36 A
37 foundation design shall be in accordance with Section R322.2.3.1 or R322.2.3.2. The design and
38 construction of foundations located in coastal high hazard areas, including Coastal A zones, shall U
39 be in accordable with Chapter 5 of ASCE 7 and with ASCE 24. 0
40 a
41 baekfilled with soil ar-gr-avel to the tmder-side of the flear- system shall be pefmit4ed pr-evi 2
42
43
a�
44 f ti s t , rt for-the less f soil. �
45
46 R322.3.6 Enclosed areas below design flood elevation.
47 Enclosed areas below the design flood elevation shall not be more than 299 square feet and shall
48 be used solely for parking of vehicles,building access or storage.
49
50
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1
2
3
4 Sec. 6-149.—Florida Building Code, Existing Building Technical Amendments
5
6 (a)Modify Section 503.2 as follows:
7
a�
8 [BS] 503.2 Flood hazard areas.
9 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida
10 Building Code,Building,or Section R322 of the Florida Building Code,Residential,as applicable,
11 any alteration that constitutes substantial improvement of the existing structure shall comply with 0
12 the flood design requirements for new construction, and all aspects of the existing structure shall U-
13 be brought into compliance with the requirements for new construction for flood design. W
U
14 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida
15 Building Code,Building,or Section R322 of the Florida Building Code,Residential,as applicable,
16 alterations that do not constitute substantial improvement of the existing structure are not
17 required to comply with the flood design requirements for new construction, except any exterior
18 replacement mechanical, plumbing and electrical systems, equipment and components shall be
19 required to be located at or above the base flood elevation identified on the FIRM that was effective
20 when the building was originally permitted. If the lowest floor of an existing building is located
21 below the base flood elevation identified on the FIRM that was effective when the building 0
22 originally permitted,the replacement mechanical,plumbing and electrical systems, equipment and 0
23 components shall be located to or above the lowest floor elevation of the buildin& a
24
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25 (b)Modify Section 701.3 as follows: 0
26
27 [BS] 701.3 Flood Hazard Areas
28 In flood hazard areas, alterations that constitute substantial improvement shall require that the
29 building comply with Section 1612 of the Florida Building Code,Building,or Section R322 of the
30 Florida Building Code, Residential, as applicable. Alterations that do not constitute substantial
0
31 improvement shall be required to have any exterior replacement mechanical, plumbing and
32 electrical systems, equipment and components located at or above the base flood elevation
33 identified on the FIRM that was effective when the building was originally permitted.If the lowest i
34 floor of an existing building is located below the base flood elevation identified on the FIRM that
35 was effective when the building originally permitted, the replacement mechanical, plumbing and U
36 electrical systems, equipment and components shall be located to or above the lowest floor
37 elevation of the building. 0
38 U
39 0
40 Section 3. Fiscal Impact Statement. In terms of design, plan application review, 0
41 construction and inspection of buildings and structures, the cost impact as an overall average is
42 negligible in regard to the local technical amendments because all development has been subject u
43 to the requirements of the local floodplain management ordinance adopted for participation in the E
44 National Flood Insurance Program. In terms of lower potential for flood damage, there will be
45 continued savings and benefits to consumers. <
46
47 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance
48 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all
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I applications for development, including building permit applications and subdivision proposals,
2 submitted on or after the effective date of this ordinance.
3
4 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
5 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
6 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
7 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
8 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
9 connection with this Ordinance shall be liberally construed and enforced in favor of Monroe CL
10 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be 0
11 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such U-
12 construction and interpretation shall be entitled to great weight in adversarial administrative
13 proceedings, at trial, bankruptcy, and on appeal. U
14
15 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
16 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
17 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
18 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
19 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
20 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
0
21 continue unimpaired in full force and effect. -
22
23 Section 7. In recognition that where an extant legislatively approved law is repealed by a C.
24 subsequent legislative act which substantially reenacts that repealed extant law, the prior
25 legislatively approved law and the subsequent legislative act shall be regarded as one continuous
26 law uninterrupted in its operation, see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see
27 also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
28 legislative intent and purpose of the BOCC, in relation to or in connection with of subsequent
29 administrative and judicial construction and review of this ordinance and Chapter 6, that all 0
30 recodified or reenacted provisions of Monroe County Code of Ordinances Chapter 6, which
31 includes those provisions of Chapter 6 unchanged or not substantially modified by this ordinance,
32 shall be deemed to have been in operation continuously from their original enactment whereas the
33 changes or substantial modifications are treated as amendments effective from the time they go
34 into legal effect.
35 0
36 Section 8. Conflicting Provisions. Consonant with Section 7., all ordinances or parts of U
37 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
38 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any 0
39 ordinance which has been repealed thereby.
40
41 Section 9. Captions and Paragraph Headings. Captions and paragraph headings, where
42 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
43 and intent of the particular paragraph or text to which they refer.
44
45 Section 10. Inclusion in the Monroe County Code of Ordinances. The provisions of this
46 Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe,
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I Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform
2 to the uniform marking system of the Code.
3
4 Section 11. Effective Date. This ordinance shall filed with Department of State and shall
5 be effective as provided by Section 125.66(2)(b), Florida Statutes.
6
7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
8 Florida, at a regular meeting held on , 2022.
C,
9 0
10 Mayor David Rice -
11 Mayor Pro Tem Craig Cates cs�
12 Commissioner Michelle Coldiron
13 Commissioner James K. Scholl
14 Commissioner Holly Merrill Raschein
15 u
16 BOARD OF COUNTY COMMISSIONERS
17 OF MONROE COUNTY, FLORIDA
18
19 By:
20 Mayor David Rice 0
4-
21 (SEAL) 0
22 ATTEST: KEVIN MADOK CLERK
MICE CO I T ' PIE ,
23 PP.L °l TO P P 0
24
25 AS DEPUTY CLERK --.. .
PETER MORRIS
26 ASSISTANT COUNTY ATTORNEY �
Date. 11/1/22
i
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0
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0
0
0
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3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7 0
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY U
11 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
12 CODE OF ORDINANCES CHAPTER 6 — BUILDINGS AND CONSTRUCTION,
13 ARTICLE II — BUILDING CODE; AMENDMENTS ARE PROPOSED TO
14 UPDATE THE PURPOSE AND SCOPE, ADD DEFINITIONS; ADDRESS THE
15 ADMINISTRATION OF THE BUILDING DEPARTMENT, INCLUDING THE
16 BUILDING OFFICIAL'S AUTHORITY AND DUTIES (INCLUDING THE
17 PROVISIONS OF CH. 122 OF THE MONROE COUNTY LAND DEVELOPMENT
18 CODE (PART II OF THIS CODE) AS THE DESIGNATED FLOODPLAIN -
19 ADMINISTRATOR); UPDATE THE REFERENCES TO THE REQUIREMENTS
20 OF THE FLORIDA BUILDING CODE; AND FOR CLARIFICATION AND
21 OTHER PURPOSES; TO ADOPT TECHNICAL AMENDMENTS TO THE
22 FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY;
23 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
24 CONFLICTING PROVISIONS; PROVIDING FOR AMENDMENT TO AND
25 INCORPORATION IN THE MONROE COUNTY CODE OF ORDINANCES;
26 PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF STATE AND
Z
27 FOR AN EFFECTIVE DATE. _
28
29
30 WHEREAS, Monroe County Code of Ordinances, Chapter 6 — Buildings and i
31 Construction,Article II—Building Code,govern the administration and enforcement of the Florida
32 Building Code and associated technical construction standards and regulations within the
33 unincorporated limits of the county; and
34 0i
35 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
36 that the work of ordinance codification is an ongoing process that requires a continuing effort by U
37 various County officials and staff, and it is the goal of the BOCC to ensure that Monroe County
38 Code of Ordinances Chapter 6 is kept current and of maximum use and clarity; and
39 U
40 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County 0
41 Government, Florida Statutes,conferred upon local governments the authority to adopt regulations 0
42 designed to promote the public health, safety, and general welfare of its citizenry; and 2
43
44 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida E
45 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
46 health, safety, and welfare of the County's citizens; and <
47
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I WHEREAS, the Federal Emergency Management Agency has identified special flood
2 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
3 subject to periodic inundation which may result in loss of life and property, health and safety
4 hazards, disruption of commerce and governmental services, extraordinary public expenditures for
5 flood protection and relief, and impairment of the tax base, all of which adversely affect the public
6 health, safety and general welfare, and CL
7 0
8 WHEREAS, the Monroe County was accepted for participation in the National Flood
9 Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners
10 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 U
11 and 60, necessary for such participation; and
12
13 WHEREAS,the National Flood Insurance Program (NFIP)is a federally-subsidized flood
14 damage insurance program administered by the Federal Emergency Management Agency(FEMA)
15 enabling property owners in participating communities to purchase flood insurance in exchange
16 for the community's adoption of floodplain management regulations to reduce future flood
17 damages; and
18 4-
0
19 WHEREAS,the participating communities floodplain management regulations must meet C
20 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
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21 CFR Part 59 and Part 60); and
22
23 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
24 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
25 enforcement of a state building code, called the Florida Building Code; and
26 X
27 WHEREAS, the Florida Division of Emergency Management (DEM), Bureau of
28 Mitigation, State Floodplain Management Office developed a Model Floodplain Management
29 Ordinance for communities, written explicitly to rely on the flood provisions in the Florida
30 Building Code; and
31
32 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
33 meet or exceed the minimum NFIP requirements for buildings and structures; and
34 0i
35 WHEREAS,the Federal Emergency Management Agency (FEMA) approved the State's
36 Model Floodplain Management Ordinance in 2013; and U
37
38 WHEREAS, the Monroe County Board of County Commissioners has determined that it 0
39 is in the public interest to adopt the proposed floodplain management regulations (Chapter 122 of 0
40 Land Development Code)that rely on and are coordinated with the Florida Building Code; and
41 0
42 WHEREAS, amendments are necessary within Monroe County Code of Ordinances,
43 Chapter 6 — Buildings and Construction, Article II — Building Code, to update the purpose and
44 scope of Article II; update and add definitions; address the administration of the Building
45 Department including the Building Official's authority and duties (including the provisions of Ch.
46 122 of the Monroe County Land Development Code (part II of this Code) as the designated
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I Floodplain Administrator); update the unsafe buildings provisions; update the construction board
2 of adjustment and appeals provisions; update the administrative appeals procedures; update
3 variance procedures; update the provisions for permit exemptions during a declared a State of
4 Local Emergency; update the building permit valuation provisions; update the provisions for
5 inspections prior to issuance of certificate of occupancy, including updating the reference to the
6 inspection requirements of section 110 of the Florida Building Code; update the provisions for a
7 certificate of occupancy, including updating the reference to the requirements of section 111 of the 0
8 Florida Building Code; and creating sections for local amendments to the Florida Building Code; U-
9 and
10 U
11 WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the
12 Florida Building Code that provide for more stringent requirements than those specified in the
13 Code and allows adoption of local administrative and local technical amendments to the Florida
14 Building Code to implement the National Flood Insurance Program and incentives; and
15
16 WHEREAS, Section 553.73, Florida Statutes, governs the adoption of local amendments to the
17 Florida Building Code; and
18 4-
0
19 WHEREAS, the Monroe County Board of County Commissioners previously adopted a C
20 requirement with a limit to the size of enclosures below elevated dwellings (299 square foot
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21 enclosure limit) and requiring a V-Zone and Coastal A Zone Construction Certification
22 Form, for buildings and structures in flood hazard areas prior to July 1, 2010 and, pursuant to
23 Section 553.73(5), Florida Statutes, is formatting that requirement to coordinate with the Florida
24 Building Code; and
25 w
26 WHEREAS, the Monroe County Board of County Commissioners is adopting a
27 requirement to establish the minimum foundation requirements, require declarations of land 0
28 restriction(nonconversion agreements)for enclosures below elevated buildings, and require
29 the replacement of mechanical,plumbing and electrical systems,equipment and components
30 to be located at or above the base flood elevation identified on the FIRM that was effective
31 when the building was originally permitted, for buildings and structures in flood hazard areas
32 for the purpose of participating in the National Flood Insurance Program's Community Rating
33 System and, pursuant to Section 553.73(5), Florida Statutes, is formatting that requirement to
34 coordinate with the Florida Building Code; and 0
35
36 WHEREAS, the Monroe County Board of County Commissioners has determined that it U
37 is in the public interest to adopt the proposed local technical amendments to the Florida Building
38 Code and the proposed amendments are not more stringent than necessary to address the need 0
39 identified, do not discriminate against materials, products or construction techniques of 0
40 demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; and
41 0
42 WHEREAS,on November 15,2022,the Monroe County Board of County Commissioners
43 held a public hearing, , and provided for public comment and public participation in accordance
44 with the requirements of state law and the procedures adopted for public participation in the
45 planning process; and
46
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I WHEREAS, recognizing that where an extant legislatively approved law is repealed by a
2 subsequent legislative act that substantially reenacts that repealed extant law,the prior legislatively
3 approved law and the subsequent legislative act shall be regarded as one continuous law
4 uninterrupted in its operation,see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see also
5 Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
6 legislative intent and purpose of the BOCC, in relation to or in connection with subsequent
7 administrative and judicial construction, that all recodified or reenacted provisions of Monroe 0
8 County Code of Ordinances Chapter 6 shall be deemed to have been in operation continuously U-
9 from their original enactment whereas the changes or substantial modifications are treated as
10 amendments effective from the time they go into legal effect; U
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
14
15 Section 1.Recitals. The foregoing recitals are true and correct and are hereby incorporated
16 as if fully stated herein.
17
18 Section 2. The text of the Monroe County Code of Ordinances Chapter 6 —Buildings and 4-
0
19 Construction, Article II — Building Code is amended as shown and stated herein.. Proposed a
20 Amendments are shown with deletions st+i kef th-e and additions are underlined.
0.
21 0
22 Chapter 6 -BUILDINGS AND CONSTRUCTION
23
24 Sec. 6-1. -Moving of buildings.
25 When any building is moved from any location within or from without the county, to any
26 location within the unincorporated area of the county, the building shall immediately be made to
27 conform to all provisions of the standard building code and the zoning ordinance of the county. 0
28 The persons causing the building to be moved shall secure a building permit from the building
29 department and shall post a performance bond of$1,000.00, conditioned upon the building being
30 made to conform to all codes of the county and this chapter, within six months from the date ofi
31 issuance of the permits; the bond to be returned when all work has been completed in accordance
32 therewith.
33
34 Sec. 6-2. - Construction trailers. W1
35 A special permit may be granted for the placement of a construction trailer on a site where d
36 construction is being done, provided no human habitation shall be allowed therein, and the
37 applicant furnishes the building department with an affidavit stating that such permit does not
38 violate deed restrictions in the subdivision in which the trailer is to be placed. Such permit shall is
39 be for a duration of up to 120 days. If conditions so warrant, then one extension may be granted 0
40 by the planning director. Any further extensions may be granted by the planning commission upon 0
41 good cause shown. 2
42
43
44 Sec. 6-3. - Temporary construction staging areas.
45 A special permit may be granted by resolution by the board of county commissioners (BOCC)
46 to allow a property to be used as a construction staging area for an off-site project. The BOCC
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I shall hold a public hearing on the request for a temporary construction staging area and shall issue
2 a resolution granting, granting with conditions or denying the request. The resolution shall take
3 effect on the date of enactment by the BOCC.
4 (a) Applicability. A temporary construction staging area for an off-site project is a permitted
5 activity in any land use (zoning) district,provided it is approved by a special permit and
6 meets the criteria set forth in this section. This special permit shall approve the temporary CL
7 construction staging area location and use and shall not override or substitute for any 0
8 other provision of the Florida Building Code and Monroe County Code that require an U-
9 additional type of building permit, certification or approval.
10 (b) Criteria. Approval of such a special permit shall be granted only if the following criteria U
11 are met:
12 (1) The temporary construction staging area shall serve a project being carried out in
13 the vicinity of the construction staging area; E
E
14 (2) The temporary construction staging area shall serve a project being carried out by
15 a governmental agency;
16 (3) The temporary construction staging area shall not be located in a tier I designated
17 area;
18 4 The roe subject to the request shall be posted and surrounding roe owners
O property J q p gp pm
19 within 300 feet shall be notified in writing at least 15 days prior to the BOCC public a
20 hearing,with the notice located so it shall be easily visible from all public streets and
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21 public ways abutting the property;
22 (5) Prior to establishment of the temporary construction staging area, a special building
23 permit approving any associated temporary structure shall be issued in accordance
24 with section 6-112;
25 (6) No clearing or filling shall occur to accommodate the temporary construction
26 staging area; X
Z
27 (7) Other than fencing, no temporary structure associated with a temporary
28 construction staging area shall be located in any required setback, unless the BOCC
29 determines the temporary construction staging may occur temporarily within the
30 setbacks to alleviate increased public expenses; avoid threats to public health and
31 safety; or the project work cannot be readily performed otherwise; and
32 (8) The temporary construction staging area shall be compatible with existing uses on
33 surrounding properties, as determined by the BOCC. If necessary, prior to issuance
34 of a special permit allowing the temporary construction staging area,the BOCC may 01
35 attach conditions to any special permit approval to a)avoid substantial harm to public
36 health or safety; b) avoid substantial harm to, or impairment of the normal use of, a U
37 public place; and/or c) avoid substantial harm to the environment. Depending on the
38 nature and anticipated duration of the use, as a condition of approval to the special 0
39 permit, the board reserves the right to: 0
40 a. Provide a deadline for termination of the construction staging area;
41 b. Limit the hours of operation; 0
2
42 c. Limit the type of equipment and materials on the site;
43 d. Require fencing,landscaping and/or other screening to limit potential visual and
44 noise impacts of the use on adjacent property owners;
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I e. Provide for temporary setback variances to allow construction staging to occur
2 temporarily within the setbacks, provided the adjacent property owners submit
3 letters of no objections to the temporary variance; and
4 f. Require surface water management improvements to the affected site; and
5 (9) The property shall be restored to its prior condition
6 C,
7 Secs. 6-4-6-14-22—. -Reserved. 0
2
8
9 ARTICLE IL -BUILDING CODE
10 DIVISION 1. - GENERALLY U
11 �
12 Sec. 6-15 Purpose. The purpose of this chapter shall be interpreted cumulatively with its intent,
13 and shall be taken into account, granted substantial weight, and guide all interpretations and
14 constructions of this article. The purpose of this chapter is to govern the administration and
15 enforcement of the Florida Building Code and associated technical construction standards and
16 regulation within the unincorporated limits of the county. The Board of County Commissioners
17 legislatively finds that the purposes and intent of this article are to safeguard the public health,
18 safety, and general welfare. All interpretations of this article shall in all proceedings and cases
19 further, rather than impair, limit, restrict, or obstruct, the purposes of this article. C
20
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21 Sec. 6-16. Scope. The Florida Building Code shall be aplicable to and govern all buildings and
22 structures, and parts and portions thereof, and all devices and safeguards thereto, within the
23 unincorporated limits of the county, except as specifically exempted under state statutes.
24
25 Sec. 6-17 Intent. The intent of this article shall be interpreted cumulatively with its purpose, and
26 shall be taken into account, granted substantial weight, and guide all interpretations and M
z
27 constructions of this article. It is the intent of the Board of County Commissioners that the
28 provisions and requirements of this article be strictly adhered to, and to accomplish the purposes
29 of this article.
30 i
31 Sec. 6-18 Construction and Interpretation. In the interpretation and aplication of this article,
32 all provisions herein shall be considered as minimum requirements and shall not be deemed to
33 forfeit,waive, eliminate,limit, condition,qualify,or repeal any other powers granted to the County
34 pursuant to Florida law. This article, being in the interest of the public health, safety, and welfare, 01
35 and being necessary to safeguard and ensure the public health,safety,and welfare,shall be liberally
36 construed to effect the intent and purposes hereof, and interpretation and construction of this article U
37 shall be construed in favor of Monroe County and such construction and interpretation shall be
38 entitled to great weight in adversarial administrative proceedings, at trial, and on meal. 0
39 0
40 Sec. 6-19 Administrative Deference. The Board of County Commissioners legislatively finds
41 that the construction of this article by the primary county department or office charged with its 0
2
42 administration, the County Building Department, shall be legally entitled to deference and great
43 weight in adversarial administrative proceedings, at trial, and on appeal, and that such
44 administrative interpretations should not be modified or overturned by an administrative hearing
45 officer or court of competent jurisdiction unless clearly erroneous. If such administrative staff
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I interpretation is within the ran is of possible and reasonable interpretations, it is not clearly
possible and reasonable interpretations, it is not clearly
2 erroneous and should be affirmed.
3
4 Sec. 6-20 Effect of State and Federal Laws. If a state or federal law,whether existing at the time
5 of this article's effective date or enacted after its effective date, which is applicable to and limits,
6 prohibits, restricts, conditions, or qualifies the meaning, effectiveness, or operation of any
7 provision or requirement herein, such provision or requirement of this article shall be interpreted, 0
8 administered, and enforced to the maximum extent permitted by law.
9
10 Sec. 6-21 No Waiver or Estoppel. The County's delay or failure to enforce any provision U
11 contained in this article, however long continued, shall not be deemed a waiver or estoppel of the
12 right for the County to enforce this article at any time thereafter.
13
14 Sec. 6-22 Severabili , . If any provision of this article, or any portion thereof, is held to be invalid
15 or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
16 invalidity or unenforceability of such provision, or any portion thereof, shall neither limit nor
17 impair the operation, enforceability, or validity of any remainingzportion(s)thereof, or of any other
18 provision of this article. All remaining�portion(s) thereof and all other provisions of this article
19 shall continue unimpaired in full force and effect. C
20
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21
22 Sec. 6-23. -Definitions.
23 The following words, terms and phrases, when used in this article, shall be, except as
24 specifically_provided otherwise herein,the same as they have been defined in the Florida Building
25 Code or, if not defined by the Florida Building Code, then the same as defined in the Monroe
26 County Land Development Code (part II of this Code), or, if neither defined by the Florida M
Z
27 Building Code nor by the Land Development Code, shall have such ordinarily accepted meaning
28 as its context and the context of its provision's structural placement imply. The following words,
29 phrases, and terms shall have the following specific definitions as used herein shall h w,e t
30 �i
31 mea-ftf*g:
32 Abandon or abandonment means:
33 (1) Termination of a construction project by a contractor without just cause or proper
34 notification to the owner including the reason for termination; 0
35 (2) Failure of a contractor to perform work without just cause for 90 days; or
36 (3) Failure to obtain an approved inspection within 180 days from the previous approved U
37 inspection.
39
40 *useti� pr-epefty appraiser's offree,--&t
41 0
42
43
44 Authorized agent means a person specifically authorized by the holder of a certificate of
45 competency to obtain permits in his or her stead.
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I Building means any structure used or intended for supporting or sheltering any use or
2 occupancy.
3 Building component means an element or assembly of elements integral to or part of a
4 building.
5 Building Ofcial means the officer or other designated authority charged with the
6 administration and enforcement of the Florida Building Code and this code, or a duly authorized CL
7 representative. 0
8 Building shell means the structural components that completely enclose a building, including, U-
9 but not limited to, the foundation, structural frame, floor slabs, exterior walls and roof system.
10 Building system means a functionally related group of elements, components and/or U
11 equipment, such as, but not limited to, the electrical, plumbing and mechanical systems of a
12 building.
13 Certificate of competency (certificate) means an official document evidencing that a person is
14 qualified to engage in the business of contracting, subcontracting or the work of a specific trade.
15 Certificate of experience means an official document evidencing that an applicant has satisfied
16 the work experience requirements for a certificate of competency.
17 Certificate of occupancy(CO) means an official document evidencing that a building satisfies
18 the work requirements of the county for the occupancy of a building.
19 Certification means the act or process of obtaining a certificate of competency from the state C
20 through the review of the applicant's experience and financial responsibility as well as successful
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21 passage of an examination. 'a
22 Certified contractor means any contractor who possesses a certificate of competency issued
23 by the department of professional regulation of the state.
24 Change of occupancy means a change from one building code occupancy classification or
25 sub-classification to another. This includes, but is not limited to, a change of use within an
26 occupancy groin X
Z
27 Commercial building means any building, structure, improvement or accessory thereto, other
28 than a one- or two-family dwelling. CL
29
30 i
31 of time.
32 Demolition means the act of razing, dismantling or removal of a building or structure, or
33 portion thereof, to the ground level.
34 Examination means an exam prepared, proctored and graded by a recognized testing agency 01
35 unless otherwise implied in context or specifically stated otherwise.
36 Erodible Soils mean soil subject to wearing away and movement due to the effects of wind, U
37 water, or other geological_ processes during a flood or storm or over a period of years._ processes during a flood or storm or over a period of years.
38 Fair market value, commercial, means the total cost of materials plus labor costs. The total 0
39 cost of labor and materials shall be as indicated on a sworn professional actual cost breakdown, 0
40 such as the original or a notarized copy of an original invoice of an arm's-length transaction; or,
41 an estimate from a licensed contractor, or if no such invoice is available, the labor and materials 0
2
42 shall be as calculated pursuant to the most recent edition of Means Construction Data or the
43 ICC/Construction Costs Valuation manual. The terms "donated labor", 11"voluntary labor"
44 "donated material", and/or -"`gift material�12 and/or similar terms thereto, shall not be used to
45 represent fair market value.
d
PagjQ-F AK
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S.5.b
I Fair market value, residential, means the total cost of materials plus labor costs. The total cost
2 of labor and materials shall be as indicated on the original or a notarized copy of an original invoice
3 of an arm's-length transaction, or, an estimate from a licensed contractor, or if no such invoice is �+
4 available, the labor and materials shall be as calculated pursuant to the most recent edition of
5 Means Construction Data or ICC/Construction Costs Valuation manual. The terms "donated
6 labor", "voluntary labor," "donated material", and/or"gift material," and/or similar terms thereto,
7 shall not be used to represent fair market value. 0
8 FCILB means the Florida Construction Industry Licensing Board. U-
9 Imminent danger means:
10 (1) Structurally unsound conditions of a structure or portion(s)thereof that is likely to cause U
11 physical injury to a person entering the structure;
12 (2) Due to structurally unsound conditions, any portion of the structure is likely to fall,
13 collapse, be carried by the wind, or otherwise detach or move, and in doing so cause
14 physical injury, harm, or damage to a person on the property or to a person or property
15 nearby; or
16 (3) The condition of the property is such that it harbors or is inhabited by pests, vermin, or
17 organisms injurious to human health, safety, and welfare, the presence of which
18 constitutes an immediate hazard to a person or people in the vicinity.
19 Inspection warrant means a court order authorizing the Building Oefficial or his or her a
20 designee to perform an inspection of a particular property named in the warrant.
0.
21 Intensification of use means an increase in capacity or number of units of a residential or
22 commercial building.
23 Interior finish means the preparation of interior spaces of a commercial building for the first
24 occupancy thereof.
25 Licensed contractor means a contractor certified by the state or the local jurisdiction who has
26 satisfied all state or local requirements to be actively engaged in contracting. X
Z
27 Market value means as defined in the floodplain regulations of part 11 of this Code.
28 Natural Rock means any naturally occurring aggregate of minerals or a body of
29 undifferentiated mineral matter formed into a rigid_ composition by exposure to varying degrees_ of
30 heat and/or pressure and belonging to one of the three main classes: igneous, sedimentary,
31 including limestone, and metamorphic.
32 Nonconversion Agreement means as defined in the floodplain regulations of part 11 of this �
33 Code.
34 Normal maintenance or ordinary minor repair work means the repair or replacement of any 0i
35 existing component if the replacement has the same size, capacity, technical characteristics and
36 location, as determined by the Bhuilding Oefficial, and if the fair market value of the repair work U
37 or replacement is less than $2,500.00.
38 Owner's agent means a person, firm or entity authorized in an original writing executed by 0
39 the owner to act for or in place of the owner. 0
40 Permit means an official document authorizing performance of a specific activity regulated
41 by this chapter. 0
42 Permit card or placard means a document issued by the jurisdiction evidencing the issuance
43 of a permit and recording of inspections.
44 Qualifying agent,primary, means a person:
45 (1)Who possesses the requisite skill, knowledge, experience and certificate of competency;
d
Pagl0-F AK
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S.5.b
1 (2) Who has the responsibility to supervise, direct, manage, and control the contracting
2 activities of the business organization with which he or she is associated;
3 (3)Who has the responsibility to supervise, direct, manage and control construction activities
4 on a job for which he or she has obtained a permit; and
5 (4) Whose technical and personal qualifications have been determined by investigation and
6 examination and is evidenced by his or her possession of a certificate of competency. CL
7 Qualifying agent, secondary, means a person: 0
8 (1)Who possesses the requisite skill, knowledge, experience and certificate of competency; U_
9 (2)Who has the responsibility to supervise, direct, manage and control construction activities
10 on a job for which he or she has obtained a permit; and U
11 (3) Whose technical and personal qualifications have been determined by investigation and
12 examination and is evidenced by his or her possession of a certificate of competency.
13 Reciprocity means to accept a verified affidavit from any municipality or county of the state
14 that the applicant has satisfactorily completed a written examination in its jurisdiction equal in
15 content with the examination required by this chapter.
16 Registered contractor means a contractor who has officially registered with the department of
17 professional regulation of the state pursuant to fulfilling the competency requirements of the local
18 jurisdiction.
19 Registration means the act or process of registering a locally obtained certificate of a
20 competency with the state, or the act or process of registering a state issued certificate of
CL
21 competency with the coun a
22 Remodeling means work that changes the original size, configuration or material of the
23 components of a building.
24 Residential building means any one- or two-family building or accessory.
25 Roofing means the installation of roof coverings.
26 Scour means the removal of soil or fill material by the flow of flood waters. Flow moving past M
Z
27 a fixed object accelerates, often forming eddies or vortices and scouring loose sediment from the
28 immediate vicinity of the object. The term is frequently used to describe storm-induced, localized
29 conical erosion around pilings and other foundation supports, where the obstruction of flow
30 increases turbulence.
31 Spa means any constructed or prefabricated pool containing water jets.
32 Special Flood Hazard Areas means an area in the floodplain subject to a 1 percent or greater
33 chance of flooding_ in n any given year. Special flood hazard areas are shown on FIRMS as Zone A,
34 AO, Al - A30, AE, A99, AH, V1 - V30, VE or V. 0
35 Specialty contractor means a contractor whose services do not fall within the categories
36 specified in F.S. § 489.105(3). U
37 Start of construction, building, means the removal, disassembly, repair, replacement,
38 installation or assembly of the building, structure, building system or building components in 0
39 whole or parts thereof. 0
40 Start ofconstruction, site, means the physical clearing of the site in preparation for foundation
41 working, including, but not limited to, site clearing, excavation, de-watering, pilings and soil 0
2
42 testing activities.
43 Stop work order means an order by the Bhuilding Oefficial, or his or her designee, that
44 requires the immediate cessation of all work and work activities described in the order.
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I Structural component means any part of a system, building or structure, loadbearing or
2 nonloadbearing, that is integral to the structural integrity thereof, including, but not limited to,
3 walls,partitions, columns, beams and girders.
4 Structural work or alteration means the installation or assembling of new structural
5 components into a system, building or structure. The term also includes any change, repair or
6 replacement of any existing structural component of a system, building or structure.
7 Substantial completion means where the construction work has been sufficiently completed 0
8 in accordance with the applicable local, state and federal codes, so that the owner can occupy U-
9 or use the project for the use for which it is intended.
10 Value means job cost. U
11 V-Zone and Coastal A Zone Construction Certification Form means the Monroe County V-
12 Zone and Coastal A Zone Construction Certification Form for New Construction & Substantially
13 Improved/Damaged Structures as defined in the floodplain regulations of part II of this Code.
14
15
16
4-
18
19
20 0
21
22 0
23 Sec. 6-26. -Windload requirements.
24 All major structures within the unincorporated limits of the county, except
25 mobile/manufactured homes, shall be designed pursuant to the Florida Building Code. M
26 0
27 Sec. 6-27. -Unsafe buildings. CL
28 (a) Definitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which
29 are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire on
30 windstorm hazard, or are otherwise harmful or dangerous to human life, or which in relation
31 to existing use, constitute a hazard to safety or health,shall be deemed to be unsafe structures
32 by the Bbuilding Oefficial or his/her authorized designee, and a permit shall be obtained to
33 demolish the structure or where specifically allowed by this section,to bring the building into
34 compliance with the applicable codes as provided herein.
35 (b)Physical criteria. U
36 (1)A building shall be deemed a fire or windstorm hazard and/or unsafe when:
37 a. There is an accumulation of debris or other material therein representing a hazard of 0
38 combustion. 0
39 b. The building condition creates hazards with respect to means of egress and fire
40 protection. 2
41 (2)A building, or a part or portion thereof, shall be deemed unsafe by the Bbuilding Oefficial
42 or his/her authorized designee if:
43 a. There is a falling away, hanging loose or loosening of any siding, block, brick, or
44 other building material; or
45 b. There is a deterioration of the structure or structural parts; or
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S.5.b
I c. The building is partially destroyed; or
2 d. There is an unusual sagging,ruling,torsion, or leaning out of plumb of the building
3 or any parts of the building and such effect is caused by deterioration or over-
4 stressing; or
5 e. The electrical, plumbing or mechanical installations or systems create a hazardous
6 condition contrary to the standards of the Florida Building Code and the National CL
7 Electric Code; or 0
8 f. There is electrical service at or in the building or structure, without a permit having U-
9 been obtained as required by the Florida Building Code, or
10 g€. An unsanitary condition exists by reason of inadequate, insufficient, or U
11 malfunctioning sanitary facilities or waste disposal systems; or
12 hg. There is no potable water service or electrical service; or
13 ih. The construction, enlargement, alteration, repair or demolition of the building or
14 part thereof or the impact resistant coverings of the building or construction or the
15 installation of systems or components within the building or structure has been
16 commenced or completed without a permit having been obtained as required by the
17 Florida Building Code or where the permit has expired prior to appropriate
18 inspections and completion or when a building or structure is occupied prior to the
19 issuance of a certificate of occupancy or certificate of completion; or C
20 ji. The building or structure is vacant and abandoned, and covered at doors or windows
CL
21 with materials not previously approved by the Bhuilding Oefficial; or
22 k . The building or structure has been substantially damaged by the elements, acts of
23 God, fire, explosion or otherwise,
24 1. The building is being used illegally or improperly pursuant to based oil the Florida
25 Building Code; or
26 i. A change in the existing use originally approved or a previously-approved X
Z
27 existing use has occurred without required permits, inspections, and/or
28 approvals; or
29 ii. A change in occupancy classification of a building or structure or portion
30 thereof has occurred that does not comply with the Florida Building Code; or
31 iii. Maintenance of conditions of occupancy or requirements of the existing
32 occupancy classification of a building or structure or a portion thereof does not
33 comply with the Florida Building Code from the time period when the building
34 was originally constructed or with the code in effect at the time of construction; 0
35 and
36 mk-. The building or part thereof meets the physical criteria of an unsafe structure set U
37 forth above in Section(b)(1)(a)and/or(b)and/or Section(b)(2)(a)-(j),as determined
38 by the Building Official or Fire Marshall, with proper notice as defined in Chapter 0
39 6-27, Section (d). This provision does not supersede the authority of the Bhuilding �
40 Oefficial under the Florida Statutes or the Florida Building Code.
41 (c)Abatement: 0
2
42 (1) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated
43 by repair and rehabilitation or demolition.
44 (2) All swimming pools or spas that contain stagnant water or do not conform with Section
45 424.2.17 of the Florida Building Code are deemed unsanitary and/or dangerous to human
46 life and public welfare. If the stagnant water is not removed and/or all repairs made and
Page
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S.5.b
I brought into full compliance with the building code within a reasonable period of time,
2 then these swimming pools or spas will be demolished.
3 (d) Notice. When the Bhuilding Oefficial or his/her authorized designee has after inspection
4 declared or deemed a building, structure, electrical, gas, mechanical or plumbing system to be
5 unsafe, then the Bhuilding Oefficial or his/her authorized designee shall issue pre-',ide a
6 written unsafe declaration and/or notice of violation/notice of hearing specifying the unsafe CL
7 physical criteria,the suggested methods for abatement or remediation,the time period allowed 0
8 for the required abatement or remediation, and that the matter will be referred to code U-
9 compliance and be prosecuted by the code compliance department if left uncured following
10 expiration of after—the time erp iod prescribed by the Bhuilding Oefficial for that particular U
11 declaration. The unsafe declaration and/or notice of violation/notice of hearing shall state that
12 the specific details concerning the violations can be obtained in writing from the Building
13 Official or his or her designee_ upon request. In addition, the notice will explain the right_ of
14 appeal of the decision of the Building Official or his or her designee to applicable appellate
15 tribunal, and advise that the jurisdictional time period to file an appeal is 30 days. The written
16 unsafe declaration and/or notice of violation/notice of hearing shall be mailed to the owner of
17 the property in question at either the address listed in the property appraiser's database as
18 shown on the property record card for the parcel, or at the address listed in the tax collector's -
19 office for tax notices via first class mail. The unsafe declaration and/or notice of C
20 violation/notice of hearing shall also be affixed to the building concerned. The Building
CL
21 Official or his or her designee,in his or her discretion,also or alternatively may elect to publish
22 a notice in a newspaper of general circulation once a week for two (2) consecutive weeks, the
23 published notice shall contain the address of the subject property and the names of the owner
24 and any interested party, and state that the subject property has been found unsafe and in
25 violation of the Florida Building Code or this chapter and may be subject to demolition. If the
26 unsafe physical criteria are i-s not abated or remedied within the designated reasonable period M
Z
27 of time prescribed by the Bhuilding Oefficial or his/her designee, then the matter shall be
28 referred to the code compliance department for prosecution before the code compliance 0-
29 special magistrate. Upon expiration of the period of appeal provided in the unsafe declaration 0
30 and/or notice of violation/notice of hearing, the Building Official may record an appropriate
31 instrument in the Official Records of the Clerk of Court, indicating that the property is in
32 violation of the Florida Building Code or this chapter. The recording of the unsafe declaration
33 and/or notice of violation/notice of hearing shall constitute constructive notice of the violation
34 to all concerned, subsequent purchasers, transferees, mortgagees, lessees, grantees, and all 0
35 persons claiming or r acquiring interest in the property. In the event that the violation(s) is
36 corrected,the Building Official shall file proof of the same upon payment for all fees incurred U
37 by the building department. This provision does not supersede the authority of the Bhuilding
38 Oefficial under the Florida Statutes or the Florida Building Code. 0
39 (e) General. 0
40 (1) All buildings now existing or hereafter constructed or developed, and all parts and portions
41 thereof, shall be continuously and uninterruptedly maintained in a safe condition, and all 0
2
42 devices or safeguards that are required by the Florida Building Code or this chapter shall
43 be continuously and uninterruptedly maintained in good working order in compliance with
44 all applicable codes.
45 (2) The Building Official or his or her designee, on his or her own initiative or as a result of
46 reports from others, shall examine or cause to be examined every building wearing or
Page
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S.5.b
I reported to be unsafe, and if such is found to be an unsafe building as provided for in this
2 section,the Building Official or his or her designee shall proceed as set forth in this section.
3 (3) A buildings meeting the criteria of an unsafe building set forth above in Section (b)(1)(4)
4 or (b) and/or a criterion under Section (b)(2)(a)-(l), shall be presumed and deemed or
5 declared unsafe and a permit shall be immediately obtained to demolish the building _and
6 remove it from the premises or where specifically allowed under the Monroe County C,
7 Codes, the Florida Building Code, and the Monroe County Comprehensive Plan, to 0
8 immediately bring the building into compliance with such Codes and Comprehensive Plan. U-
9 (4) Incomplete buildings commenced without a permit or for which the permit has expired, or
10 completed buildings commenced without a permit or for which the permit has expired, U
11 prior to completion and no certificate of occupancy has been issued, shall be presumed and
12 deemed or declared unsafe and a permit shall be immediately obtained to demolish the
13 building and remove it from the premises or where specifically allowed under the Monroe
14 County Codes, the Florida Building Code, and the Monroe County Comprehensive Plan,
15 to immediately bring the building into compliance with such Codes and Comprehensive
16 Plan.
17 (5) Buildings that are, or hereafter shall become,unsafe,unsanitary,or deficient, facilities with
18 inadequate means of egress, or which constitute a fire or windstorm hazard, or are
19 dangerous to human life or public welfare by reason of illegal or improper occupancy,use. C
20 or maintenance, or which have been substantially damaged by the elements, acts of God,
CL
21 fire, explosion or otherwise, shall be declared or deemed or declared unsafe buildings _or
22 structures and a permit shall be immediately obtained to demolish the building and remove
23 it from the premises or where specifically allowed under the Monroe County Codes, the
24 Florida Building Code,and the Monroe County Comprehensive Plan,to immediately bring
25 the building into compliance with such Codes and Comprehensive Plan.
26 (6) All costs incurred pursuant to any of the provisions of this chapter or under the Florida M
z
27 Building Code shall be paid by the owner(s) or occupants) of the premises on which the
28 violation occurred.
29 (7) The enforcing _county department, including but not limited to the code compliance
department, including but not limited to the code compliance
30 department and the building department, may institute a suit to recover such expenses
31 against any liable person or may cause such expenses to be char _ged against the propertyagainst the proper==
32 on which the violation occurred as an enforceable lien.
33 (8) The action of the Building Official and/or Fire Marshal deeming or declaring a building to
34 be unsafe shall not be construed as authorizing unpermitted or unapproved construction, 0
35 development, additions, replacements, repairs, renovations, or demolition. All required
36 permits and approvals must be obtained prior to the commencement of any such work. U
37
38 Sec. 6-28. -Requirements not covered; liability of county or employees. 0
39 Any requirements necessary for the strength, stability or proper operation of an existing or 0
40 proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public
41 safety, health and general welfare, not specifically covered by the Florida Building Code or the 2
42 other technical codes and regulations, or this chapter, shall be determined by the Bbuilding
43 Oefbcial, or his or her authorized designee. E
E
44
45
46
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I Sec. 6-29. -Permitting and inspections.
2 (1) The obtainment of a building department inspection or approval does not discharge,
3 exempt,waive, or otherwise release an applicant or owner from his or her duty to comply with any
4 additional requirements of the Monroe County Codes or Monroe County Comprehensive Plan.
5 Neither a Building Department inspection nor an approval issued solely by the Building
6 Department shall constitute administrative action by or approval from the Planning and C
7 Environmental Resources Department. 0
8 (Q The inspection or permitting of any building, system or plan by the county under the U_
9 requirements of the Florida Building Code shall not be construed in any court as a warranty of the
10 physical condition of such building, system or plan or their adequacy. Neither the county nor any U
11 employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition
12 or inadequacy in such building, system or plan, nor for any failure of any component of such, that
13 may occur subsequent to such inspection or permitting,unless the employee of the county is found
14 to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful
15 disregard of safety, health and welfare of the public.
16 (3) The Building Official, or his or her authorized designee, may void, rescind, suspend, or
17 revoke a permit or approval issued under the provisions of this chapter in the case of any false
18 statement or misrepresentation of fact in an application or on the plans on which the permit or -
19 approval was in whole or in part based, or if a permit has been otherwise fraudulently obtained, or C
20 erroneously issued. C.
21
22 Sec. 6-30. -Mobile/manufactured homes.
23 The placement of mobile/manufactured homes shall be governed by F.A.C. ch. 15C.
24
d
25 Sec. 6-31. - Stop work orders.
26 Upon notice from the Bbuilding Oefficial, use or work on any building, structure, electrical,
27 gas, mechanical or plumbing system that is being done contrary to the provisions of this Code,the
28 Florida Building Code, or in a dangerous or unsafe manner, shall immediately cease such use or 0
29 work. Such notice shall be in writing and shall be issued giv-eff to the owner of the property, or to
30 his or her agent, and/or to the person doing the work, and shall state the conditions under which
31 work may be resumed. Where an emergency exists, the Bbuilding Oefficial shall not be required
32 to give a written notice prior to stopping the work.
33 0i
34 Sec. 6-32. -Working through a stop work order.
35 If any person or entity is found by the contractors examining board to violate this chapter by U
36 continuing to perform work subsequent to the issuance of a stop work order/red tag and/or a cease
37 and desist order, the contractors' examining board may take such action as it deems necessary and 0
38 proper to cease such activity, up to, and including a six-month suspension of the permit pulling 0
39 privileges of any contractor, including but not limited to subcontractor(s), performing such work.
40 2
41 Sec. 6-33. - Site debris.
42 (a) The contractor and/or owner of any active or inactive construction project shall be responsible
43 for the clean-up and removal of all construction debris or any other miscellaneous discarded
44 articles prior to receiving final inspection approval.
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S.5.b
I (b) Construction jobsites must be kept clean, such that accumulation of construction debris must
2 not remain on the property or a period of time exceeding 14 days.
3 (c) All construction related debris and/or construction related materials, shall be kept in such a
4 manner as to prevent it from being spread by any other means.
5 (d) After a tropical storm watch or warning or a hurricane watch or warning is issued, all
6 construction related materials, including but not limited to,roof tiles, lumber, scaffolding and
7 debris shall be removed from the construction site, or secured in such a manner as to minimize 0
8 the danger of such materials causing projectile damage to persons or property due to a high U-
9 wind event. This prohibition shall continue until the tropical storm watch or warning or
10 hurricane watch or warning is lifted. U
11 �
12 Secs. 6-34-6-54. -Reserved.
a�
13
14 DIVISION 2. -ADMINISTRATION
c�
15 Sec. 6-55. -Building department.
16 (a) Organization and administration. There is hereby established a department called the
17 Bdudding Ddepartment headed by the Bhuilding Oefficial. Upon recommendation of the
18 Csounty Aadministrator, the department shall be assigned to the division of county 0
19 government that the Bdoard of Ceounty Cc-ommissioners determines appropriate. The C
20 Csounty Aadministrator with the approval of the Bdoard of Cc-ounty Cc-ommissioners shall 0
21 designate the Bhuilding Oefficial.
d
22 (b) Employee qualifications. The Bhuilding Oefficial shall be licensed as a building code
23 administrator by the state. All appointed or hired inspectors and plan examiners shall meet the
24 qualifications for licensing in the appropriate trade as established by the state.
25 (c) Building official authority and duties. In addition to the jurisdiction, authority and duties that w�
26 may be conferred upon the Building Official by other provisions of the Monroe County Codes,
27 t-The Bhuilding Oefficial shall have authority to administer, interpret, and enforce provisions 0
28 of the Florida Building Code, r management ro tilatie and this chapter. Such
29 authority,jurisdiction, and duties shall include the following:
30 (1) To process building permit applications and issue, void, rescind, suspend, and revokes
31 building permits and/or applications;
32 (2) To inspect sites, buildings and structures as required by this chapter, the Florida Building
33 Code and the Standard Unsafe Building Abatement Code;
34 (3) To issue, void, rescind, suspend, and revoke certificates of occupancy and certificates of ski
35 completion;
36 (4) To maintain building permits, financial, and ether public records ruler of the U
37 department!-s��;
38 (5) To establish such policies, and procedures and rules of procedure necessary for the 0
39 administration of his or her responsibilities under the Florida Building Code and this 0
40 chapter;
41 (6) To provide a recording secretary for the purpose of keeping the board of adjustment and 2
42 appeals;
43 (7)To apprise the Construction Board of Adjustment and Appeals of all facts and information
44 at his or her disposal with respect to matters brought before it,
45 (8) To apprise the Contractors Examining Board of all facts and information at his or her
46 disposal with respect to matters brought before it,
Page
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S.5.b
1 ( -7) To be the official authoritative source to render interpretations of this chapter and the
2 Florida Building Code;
3 (10,9) To enforce provisions of the Florida Building Code and this chapter and the provisions
4 of Ch. 122 of the Monroe County Land Development Code (part II of this Code) as the
5 designated Floodplain Administrator;
6 (113) To issue stop work orders; CL
7 (12) To issue cease and desist orders and/or cease and desist letters, 0
8 (13) To prevent any imminent threat of any violation of the Florida Building Code or this U-
9 chapter;
10 (14) To prepare and submit petitions for declaratory statements to the Florida Building U
11 Commission,
12 (15) To prepare and submit requests for non-binding interpretations of the Florida Building
13 Code to the Florida Building Commission and/or Building Officials Association of E
E
14 Florida,
15 (16,0) To conduct all other such duties and responsibilities as are otherwise required by the
16 Florida Building Code and this chapter;
17 (17-�)To determine the extent of damage or destruction of nonconforming uses and structures,
18 in cooperation with the Planning Mirector;
19 (18) To the extent such decision may substantively involve the Florida Building Code or this C
20 chapter, in his or her discretion, issue a concurrence with the Planning Director's
0.
21 decision to suspend consideration of any application for development approval during
22 the pendency of a code compliance proceeding involving all or a portion of a parcel
23 proposed for development,
24 (12) To r-eview btiilding pefmit applie4iens for-repair-wit4in areas of Speeial flood hazard to
25
26 manageme„t r f t e ,.ede;
27
28
wit4in areas of speeial flood hazard to enstir-e t44 t4e proposed eenstmetion (ifieltiding 0-
29
30 t4e eede; <1
31 19 {�4)To advise permittees that additional federal or state permits may be required, and if
32 specific federal or state permits are known to have been issued, to require that true and
33 correct complete copies of such permits be obtained and provided and maintained on
34 file with the building permit application; 0
35 (20) Whenever the Building Official reasonably believes that the work for which a permit or
36 approval has been issued is not being performed in conformity with plans, U
37 specifications, or descriptions, or approved plans are not being kept at the site, to take
38 appropriate action authorized under the Florida Building Code, this chapter, or as 0
39 otherwise provided for in the County Codes, 0
40
41 0
43
44 to, so that the flood eaffying eapaeity ; not a;f,,;,,;&i.o a.
45
46 (ifieltidi g basement) of all new or- „ sta ti lly i e st,- es;
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I
3
4
5
6 wash-, CL
7 0
8 0 a hazard;. .2
9 (21) Alhe* base flood elevatie* data has *et bee* pfevided i* aeeefda-ftee w44 ehaptef 122,
10 U
11
12 f toe ,.ede;
13 21 ( }To provide the Bhoard of Cc-ounty Cc-ommissioners and the!!Planning Csommission
14 with reports and recommendations with respect to matters before such bodies, as
15 directed by the Bhoard of Cc-ounty Cc-ommissioners
16 dife�et Pplanning Ddirector, Assistant County Administrator, or the Csounty
17 A-administrator; and
18 tL2 {2 �To administratively review those building permits issued before October 1, 1998 4-
0
19 and close said permits if no known factor exists to keep said permit open. C
20 (23) Concealed Work. The Building Official may order portions of the structural frame of a
0.
21 building and/or structure to be exposed for inspection when, in his or her opinion, there
22 are good reasons to believe that a building or a part or portion thereof, is in an unsafe or
23 dangerous condition or that there is willful or negligent concealment of a violation of
24 the Florida Building Code or this chapter.
25 (24) Illegal Chan ego Occupancy/Occupancy Use. Whenever any building or structure or
26 part or portion thereof is being used or occupied contrary to the provisions of the Florida M
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27 Building Code or this chapter, the Building Official shall order such use or occupancy
28 discontinued and the building or structure or part or portion thereof vacated. Such order
29 shall be by notice in writing, issued to the person or persons using, or causing to be used,
30 such building or structure or part or portion thereof. Use or occupancy shall not resume
31 until the violations for which particular notice was issued have all been cured.
32 (d)Defense of Building Oefcial. The county shall defend the Bbuilding Oefficial in any action
33 wherein the Bbuilding Oefficial's act of administratively closing an open permit is challenged.
34 If said defense is unsuccessful, the county shall be responsible for any damages resulting 01
35 directly from the action against the Bbuilding Oefficial.
36 U
37 Sec. 6-56. - Construction board of adjustment and appeals.
38 (a)Jurisdiction, authority, and duties. There is hereby established a board called the construction 0
39 board of adjustment and appeals. This board shall have the following jurisdiction, authority, 0
0
40 and duties:
41 (1)To consider and render decisions on appeals of administrative decisions and interpretations 0
2
42 of the Bbuilding Oefficial or his or her authorized designee related to the Florida Building
43 Code and this chapter;
44 (2) To consider and grant variances to the Florida Building Code; and
45 (3)To approve cost approach appraisals for determination of€atemarket value pursuant to the
46 floodplain regulations under part II of this Code.
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S.5.b
1 (4) This board shall not serve as the local construction regulation board. The contractors
2 examining board shall serve as the local construction regulation board. The powers and
3 duties of the contractors examining board are defined in chapter 6, division 3 of this Code.
4 (5) The failure or denial of a permit pursuant to or by reason of the planning director's
5 determination of non-compliance with part II of this Code or with the Comprehensive
6 Plan shall not be within the jurisdiction or scope of review of the board of adjustment
7 and appeals. The failure or denial of a permit pursuant to or by reason of administrative 0
8 actions, decisions, or interpretations regarding the floodplain management provisions of U_
9 the county Codes shall not be within the jurisdiction or scope of review of the board of
10 adjustment and meals. No decision by the code compliance special magistrate, by the U
11 planning commission,by an administrative hearing officer, or by the historic preservation
12 commission, shall be jurisdictionally reviewable or within the scope of review of the
13 board of adjustment and appeals.
14 (b)Membership, appointment, removal, terms, and vacancies:
15 (1) The construction board of adjustment and appeals shall consist of ten members.
16 (2) The construction board of adjustment and appeals shall consist of all the members of the
17 contractors examining board,with the exception of the two alternate members as provided
0
18 for in section 6-263(6) plus one registered architect and one registered professional -
19 engineer appointed by the board of county commissioners. C
20 (3)Terms of office,removal,vacancies,the regularity of meetings and administrative hearings
0.
21 shall be governed by the same rules and regulations as the contractors examining board.
22 (c) Standard of Review. An meal under this section shall be considered an meal to an
23 administrative tribunal and shall not be a hearing de novo but shall be limited to appellate
24 review of the record created before the Building Official. The appellant shall be required to
25 demonstrate that the Building Official's, or his or her designee's, decision or interpretation is
26 clearly erroneous, based upon clearly convincing record evidence. In resolving an meal X
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27 under this section, the Building Official's administrative interpretations of the Florida
28 Building Code and this chapter, the county Building Department's administrative staff
29 interpretations of the Florida Building Code and this chapter, and the county Planning _and
30 Environmental Resources Department's and the county Code Compliance Department's
31 administrative staff interpretations of the Monroe County Codes are leery entitled to
32 deference and great weight before the construction board of adjustment and meals, at trial,
33 and on appeal, and such administrative interpretations should not be modified or overturned
34 unless clearly erroneous. If such administrative interpretation is within the range of possible 01
35 and reasonable interpretations, it is not clearly erroneous and should be affirmed.
36 (d) StandiLg. An meal may be initiated by the owner of a building, structure, or service system, U
37 who has received a final, written administrative decision or interpretation from the Building
38 Official or his or her authorized designee, or by a person who, as a result of such a decision 0
39 or interpretation, has suffered or will resultantly suffer a special injury differing in kind from 0
40 that suffered by the community at large. For justiciability or standing�purposes, the only 0
41 interests covered by special injuries under this section are interests expressly protected by this 0
42 chapter, the Florida Building Code, or health and safety interests. It shall be legally
43 insufficient for justiciability or standing purposes for an appellant to allege ge a special injury
44 that is only different in degree from the community at large and that is not different in kind
45 from the community at large. Further,for justiciability or standing purposes, an alleged special
46 injury must exceed in degree the general interest in a community_good. For example, take the
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S.5.b
I following non-exhaustive scenarios: Neither party's claim that such a decision or
2 interpretation adversely affects his or her generalized interest in environmental or natural
3 resource protection, nor a party's claim that such a decision or interpretation adversely affects
4 his or her generalized interest in building code enforcement, shall be justiciable.
5 (e) The Record. The appellant's record shall close upon the date of the final administrative decision
6 or interpretation of the Building Official. The Building Official shall have up to 70 calendar CL
7 days from the date the appellant's notice of appeal is deemed properly and timely filed, and 0
8 complete, in which to serve all parties and the construction board of adjustment and appeals U_
9 all staff reports and materials that his or her final administrative decision or interpretation
10 relied upon. U
11 (f) Discovery. No discovery shall be taken in an appeal under this section. No subpoenas may be
12 issued for documents or witnesses under this section.
13 (g) Action of the Construction Board of Ad and Appeals. The construction board of
14 adjustment and appeals shall consider all of its proceedings at a duly advertised public hearing
15 following receipt eceipt of all records concerning the subject matter of the appeal and following _the
16 Building Official's arrangement for the scheduling of said hearing. Any person entitled to
17 initiate an appeal may, along with County staff and counsel, have an opportunity to address
18 the construction board of adjustment and appeals at that hearing and all parties to the appeal 4-
0
19 shall have the opportunity to present evidence and create an appellate record before the C
20 construction board of adjustment and appeals, the term "appellate record" shall not be
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21 construed or interpreted to abrogate subsections (c) or(e) of this section. Any appeals before
22 the construction board of adjustment and appeals shall be based upon and restricted to the
23 record in conformity with subsections (c) and (e) of this section.
24 L)IJDee&iow Appeal to Administrative HeariLg O acer. Any personparticipating as an appellant
25 or appellee may request an appeal of the decision of the construction board of adjustment and
26 appeal, under Chapter 102, Division 2 of Part II of this Code by filing the notice required by M
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27 that article within 30 days after the date of the written decision of the construction board of
28 adjustment and appeals. The,ens ,- etio board f adj,,stme t and appeals shall,i evet=y ease, CL
29
30 i
31 deeisie* of t4e board shall also i*elttde t4e r-ease* f8r-t4e deeisie*. if a deeisieff of t4e board
32
33
34 1
35
36 U
37
38 t0
39
40
41 Sec. 6-57. -Administrative*Appeals and Procedures. 0
42 (a) Scope of appeals. An appellant may file an appeal under Section 6-56(a)(1) The ^,:ne- ^�
43
44
c�
45 to the construction board
46 of adjustment and appeals only if one of the following conditions is alleged to exist:
Page In-PAK
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S.5.b
1 (1) The 134uilding Oefficial or his or her authorized designee gnee rejected or refused to approve
2 the mode or manner of construction proposed to be followed or materials to be used in the
3 installation or alteration of a building, structure or service system;
4 (2) The provisions of the Florida Building Code or this chapter do not apply to this specific
5 case;
6 (3) An equally good or more desirable form of installation can be employed in any specific CL
7 case; or 0
8 (4)The tftie plain meaning, intent, or purpose and fne „g of the Florida Building Code,this U_
9 chapter, or any of the regulations thereunder have been misconstrued or incorrectly
10 interpreted. U
11 (b)Initiation of appeals. A notice of appeal in the form prescribed and approved by the Building
12 Official must be timely filed by the appellant with the county Building Department within 30
13 calendar days of the date of the decision or interpretation forming the subject of the appeal,
14 and must be timely served upon the County Attorney's Office within 30 calendar days of such
15 date. The notice of appeal shall be accompanied by a nonrefundable fee. No notice of appeal
16 shall be deemed complete without payment of required fees. The failure to timely and properly
17 initiate an appeal under this section shall constitute an irremediable jurisdictional waiver of
18 any rights to meal or otherwise challenge or attack such decision or interpretation,for failure
19 to exhaust available administrative remedies. The waiver effectuated by failure to timely and C
20 properly meal within 30 calendar days of such decision or interpretation, shall also operate
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21 as an irrevocable jurisdictional wavier of the right to appeal or otherwise challenge or attack
22 any portionof a subsequent administrative decision or interpretation, that in part or in whole
23 relies upon an earlier related administrative decision or interpretation,which was never timely
24 and properly appealed pursuant to this section. W
25 (1) Upon receipt of a notice of appeal, the Building Department shall deem it complete, and
26 properly and timely filed, or shall deem it improperly or untimely filed, or incomplete. The M
z
27 County shall have 30 working days to notify an appellant if its notice of appeal is untimely
28 or improperly filed or is incomplete. No further action shall be taken on the meal CL
29 application unless all deficiencies are remedied. An untimely, improperly filed, or
30 incomplete notice of meal shall not constitute a valid, legally effective, or legally
31 cognizable notice of appeal, and in no event shall the 30-day period to initiate a notice of
32 appeal under this section be tolled during any period in which a notice of meal has been
33 deemed improperly filed, incomplete, or otherwise insufficient.
34 (2) If the Building Department determines the notice of meal is complete, and has been 0i
35 properly and timely filed, it shall notify the appellant.
36 U
37
38 0
39
40 (c) Brie s �s. Briefs, if any, shall be typed or printed pursuant to the same rules for C
41 appellate briefs set forth in the Florida Rules of Appellate Procedure. The appellant's initial 0
2
42 brief shall be served upon the attorney of record for Monroe County and filed with the
43 Building Department within up to 30 days of notification that the appellant's notice of appeal
44 has been deemed complete and timely. The answer brief shall be served upon appellant within
45 M to 30 days of the filing and service of the initial brief. A repo brief, if any, must be served
46 upon the attorney of record for Monroe County and filed with the Building Department within
Page
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S.5.b
1 15 days of the filing and service of the answer brief. An argument, issue, or ground for relief
2 not raised in the initial brief is deemed abandoned and waived and may not be raised for the
3 first time in a reply brief.
4 (1)All briefs shall contain the following:
5 a. The style of the meal;
6 b. The case number, if any,
7 c. The name of the party on whose behalf the brief is filed, 0
8 d. The name,address,e-mail address,and telephone number of the person filing the brief, U_
9 e. The electronic or non-electronic signature of the person filing the brief, and
10 f. A certificate of service that copies have been furnished to all other parties to the u
11 appeal.
12 (2)All initial briefs shall, at minimum, contain the following:
13 a. A table of contents listing the issues presented for review, with reference to pages,
14 b. A table of citations with cases listed alphabetically, statutes and other authorities and
15 the pages of the brief on which each citation wears;
16 c. A statement of all disputed issues of material fact. If there are none, the initial brief
17 must so indicate,
18 d. A concise statement of the ultimate facts alleged, including the specific facts the
19 appellant contends warrant reversal of the Building Official's administrative decision
20 or interpretation; and
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21 e. An exhaustive statement of all specific local Code sections, ordinances, state statutes,
22 or administrative rules the apellant contends require reversal of the Building
23 Official's decision or interpretation, including an explanation of how the alleged facts
24 relate to said Code sections, ordinances, state statutes, or administrative rules, and
25 f. A conclusion, of not more than one page, setting forth the precise relief souk w
26 (3)All reply briefs, if any, shall, at minimum, contain the following
27 a. A table of contents listing the issues presented for review, with reference to pages, 0
28 b. A table of citations with cases listed alphabetically, statutes and other authorities and CL
29 the pages of the brief on which each citation wears; and
30 c. A conclusion, of not more than one page, setting forth the precise relief sought. Upeff �i
31
32
33 of adjttstme*t a-Rd appeals. The bttildi*g offieials shall prepare a staff r-epot4 a-Rd shall
34 1
35 r-ele-vafft to t4e appeal to t4e eo*stt-aetio*board of adjttstme*t a-Rd appeals Prior-to t4e
37 (d) Motions. All motions shall be in writing and shall fully state the action requested and the
38 grounds relied upon. All motions must be filed with the Building Department and served on 0
39 all parties. Non-moving parties may, within 20 days of service of a motion, file a response in 0
40 opposition.No reply to the response shall be permitted.Motions other than motions to dismiss,
41 for a more definite statement, or to strike, shall include a statement that the movant has 0
42 conferred with all other parties of record and shall state as to each party whether the party has
43 any objection to the motion. The statement that the movant was unable to contact the other
44 party or parties before filing the motion must provide information regarding the date(s) and
45 method(s)by which contact was attempted.
46 (1)Motions to Dismiss.
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S.5.b
I a. A motion to dismiss may be filed no later than 30 days after the filing and service of
2 the initial brief. The service of such a motion to dismiss shall alter the period of time
3 by which the appellee must file and serve its answer brief so that if the construction
4 board of adjustment and appeals denies the motion, the appellee's answer brief shall
5 be filed and served within 30 days after appellee's attorney of record's receipt of the
6 order denying the motion. C,
7 b The appellee may file a motion to dismiss the meal with no applicable time limit if 0
8 the motion is based upon a lack of jurisdiction or incurable errors in the notice of U-
9 appeal or meal brief.
10 (2) Motions for More Definite Statement. If a brief is so vague and ambiguous that a party u
11 cannot reasonably be required to frame an answer brief or reply brief,that party may move
12 for a more definite statement before interposing an answer brief or reply brief. The service
13 of such a motion for a more definite statement shall alter the period of time by which the
14 appellee must file and serve its answer brief so that if the construction board of adjustment
15 and meals denies the motion, the appellee's answer brief shall be served within 30 days
16 after the appellee's attorney of record's receipt of the order denying the motion. The motion
17 shall point out the defects complained of and the details desired. If the construction board
18 of adjustment and meals grants such motion, the amended brief shall be filed and served 4-
0
19 within 20 days after notice of the board of adjustment's action. If the motion is granted and C
20 the board of adjustment's order is not obeyed within 20 days after notice of the order or
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21 such other time as the hearing officer may fix,the meal shall be dismissed with prejudice.
22 (3) Motion to Strike. A party may move to strike or the construction board of adjustment and
23 appeals may strike redundant, immaterial, impertinent, scandalous, or non-record material
24 from any brief or motion at any time.
25 (4)Motion for Extension of Time. Motions for extension of time shall be filed and served prior
26 to the expiration of the deadline sought to be extended and shall state good cause for the :c
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27 request.
28 (5)Motion for Continuance. Motions for continuance of an meal hearing may be granted for
29 good cause shown. Except in cases of emergency, _motions for continuance must be mademotions for continuance must be made
30 at least five (5) business days prior to the date noticed for the hearing
31 (6) Motion (Request) for Judicial Notice. The construction board of adjustment and meals
32 shall take judicial notice of any matter set forth below when a party properly motions for
33 it and gives each adverse party timely written notice of the request,proof of which is filed
34 with the county Building Department and served upon the opposing attorney of record, to 01
35 enable the adverse party to prepare to meet the request and furnishes the court with
36 sufficient information to enable it to take judicial notice of the matter. u
37 a. Specifically identified (by pinpoint citation) duly enacted ordinances and resolutions
38 of the Monroe County Board of County Commissioners. 0
39 b. Specifically identified(by pinpoint citation)provisions of the Monroe County Code of 0
40 Ordinances and Monroe County Land Development Code.
41 c. Specifically identified (by pinpoint citation) objectives,policies, and provisions of the 0
2
42 Monroe County Comprehensive Plan.
43 d. Specifically identified (by pinpoint citation)provisions in the Florida Buildin _Code.
44 e. Specifically identified(by pinpoint citation)public statutory law and resolutions of the
45 Florida Legislature and the Congress of the United States.
Page
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S.5.b
I f. Specifically identified legislative staff reports and legislative materials prepared in
2 connection with slip laws corresponding to public statutory law of the Florida
3 Legislature and the Congress of the United States.
4 g. Specifically identified (by pinpoint citation) rules or regulations in the Code of Federal
5 Regulations.
6 h. Specifically identified (by pinpoint citation) rules or regulations in the Florida
7 Administrative Code. 0
8 (e) ComputiLg Time. In computing the jurisdictional period of time an appellant must file a notice U-
9 of appeal herein, the day the final administrative decision is issued shall be included. In
10 computing any other period of time under this section,the day of the act from which the period U
11 of time begins to run shall not be included. The last day of the period shall be included unless
12 it is a Saturday, Sunday, or legal holiday as that term is defined at Florida Rule of Judicial
13 Administration 2.514(a)(6), in which event the period continues to run until the next day that
14 is not a Saturday, Sunday, or legal holiday as that term is defined at the foregoing Florida Rule
15 of Judicial Administration.
16 fa' Decisions on appeals. In rendering its decision in accordance with the provisions of section 6-
17 56(gc-), the construction board of adjustment and appeals must find that at least one of the
0
18 conditions in subsection(a)of this section have been met in order to overturn an administrative -
19 decision or interpretation of the Bhuilding Oefficial or his or her designee. _
20
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21
22 t4e ktilding ffieial d
23
24 Sec. 6-58. -Variances.
25 (a) Purpose. The purpose of this section is to establish procedures and standards for varying the
26 application of provisions of the Florida Building Code. M
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27 (b)Authority and scope of authority. The construction board of adjustment and appeals shall have
28 the authority to vary the application of any provision of the Florida Building Code in
29 accordance with the standards in subsection (d) of this section. The construction board of
30 adjustment and meals shall not consider variance requests pertaining to floodplain
31 management requirements which shall be reviewed pursuant to the provisions of Ch. 122 of
32 the Monroe County Land Development Code (part II of this Code).
33 (c) Application and procedures. An application in the form prescribed and approved by the
34 Building Official must be timely filed by the applicant with the Building Department within 01
35 30 days of the date of the decision, determination, application, or interpretation of the Florida
36 Building Code by the Building Official or Building Department staff person triggering or U
37 giving ving rise to the variance application. The application shall be accompanied by a
38 nonrefundable fee. No application shall be deemed complete without payment of required 0
39 fees. The failure to timely and properly file a variance application under this section shall 0
40 constitute an irremediable jurisdictional waiver of any rights to meal or otherwise challenge
41 or attack such decision, determination, application, or interpretation of the Florida Building 0
2
42 Code, for failure to exhaust available administrative remedies. The waiver effectuated by
43 failure to timely and properly appeal within 30 calendar days of such action shall also operate
44 as an irrevocable jurisdictional waiver of the right to meal or otherwise challenge or attack
45 any portion of a subsequent decision, determination, or interpretation of the Florida Building
46 Code, that in part or in whole relies upon an earlier related decision, determination,
Page
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S.5.b
I application, or interpretation of the Florida Building Code, for which a variance application
2 was never timely and properly filed.
3 (1) Upon receipt of a variance application, the Building Department shall deem it complete,
4 and properly and timely filed, or shall deem it improperly or untimely filed, or incomplete.
5 The County shall have 30 working days to notify an applicant if the application is
6 improperly filed or is incomplete. No further action shall be taken on the variance 0.
7 application unless all deficiencies are remedied. An untimely, improperly filed, or 0
8 incomplete variance aplication shall not constitute a valid, legally effective, or legally U-
9 cognizable variance application, and in no event shall the 30-day period to initiate an
10 application for variance relief under this section be tolled during any period in which a U
11 variance application has been deemed improperly filed, incomplete, or otherwise
12 insufficient.
13 (2) If the Building Department determines the variance application is complete, and has been
14 properly and timely filed:
15 a. The Building Department shall notify the applicant, and the Building Official or his or
16 her designee shall arrange for a hearing to be scheduled before the construction board
17 of adjustment and appeals;
18 b. Within sixty(60)days of receipt of a complete and properly and timely filed aplication
19 for a variance under this section, the Building Official and/or his or her designee(s) _
20 shall review the aplication, and file a Report and Recommendation with the
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21 construction board of adjustment and appeal. The same shall be served upon the
22 applicant. The variance aplicant may file a written objection to the Reports and
23 Recommendations of the Building Official and/or his or her desi _gnee(s) within 30wi hin 30
24 calendar days of the date of filing of the Report(s) and Recommendation(s).
25 w
26
27
28
29
30 i
31
33 (d)Decisions on variance requests.
34 (1) In rendering its decision in accordance with the provisions of section 6-56(gs), the 01
35 construction board of adjustment and appeals shall only grant a variance if it finds that
36 enforcement of the Florida Building Code to this specific situation would do manifest U
37 injustice and would be contrary to its intent,text,sand purpose, and the public interest,
38 and if it also finds all of the following: 0
39 a.{� Special conditions and circumstances exist that are peculiar to the building, structure or 0
40 service system involved and that are not applicable to others;
41 b.(-2) The special conditions and circumstance do not result from the action or inaction of the 0
2
42 applicant;
43 c.(-3-) Granting the variance requested will not confer on the applicant any special privilege
44 that is denied by the Florida Building Code to other buildings, structures or service
45 systems;
Page
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S.5.b
I d.(4) The variance granted is the minimum variance that will make possible the reasonable
2 use of the building, structure or service system; and
3 £(--'�) The grant of the variance will be consistent with the text,
4 intent and purpose of this Code and will not be detrimental to the public health, safety
5 and general welfare.
6 (2) The applicant carries the initial legal and evidentiary burden to demonstrate compliance CL
7 with the County's Codes and Florida Building Code, and to support its application. The 0
8 applicant's evidentiary burden shall be to prove all material factual allegations by clear and U-
9 convincing evidence.
10 (3) In resolving an application under this section, the Building Official's administrative U
11 interpretations of the Florida Building Code and this chapter, the Building Department's
12 administrative staff interpretations of the Florida Building Code and this chapter, and the
13 Planning and Environmental Resources Department's and the Code Compliance
14 Department's administrative staff interpretations of the Monroe County Codes are legally
15 entitled to deference and great weight before the construction board of adjustment and
16 appeals, at trial, and on meal, and such administrative interpretations should not be
17 modified or overturned unless clearly erroneous. If such administrative interpretation is
0
18 within the range of possible and reasonable interpretations, it is not clearly erroneous and -
19 should be affirmed. C
20 (e)Limitations. When the construction board of adjustment and meals considers whether to grant
0.
21 a variance, the following factors shall not be considered material or relevant to the board of
22 adjustment and appeals' decision:
23 The physical disabilities or handicaps and health of the applicant or members of his or her
24 family,
25 (2) The domestic difficulties of the applicant or members of his or her family,
26 (3) The financial difficulty of the applicant in complying with this chapter or with the Florida M
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27 Building Code;
28 (4) The difficulty of marketing, advertising, or selling the property, building, or structure,
29 (5) The uses, occupancies, types, configuration, value, elevation, or materials of surrounding
30 or nearby buildings or structures,
31 (6) Any difficulty related to a codified law, rule, regulation, or matter of record, which the
32 applicant or members of his or her family, were on actual or constructive notice of prior to
33 acquiring _the property, and could therefore have been avoided, or which may be
property, and could therefore have been avoided, or which may be
34 characterized as a self-created hardship, 01
35 (7) Non-unique or non-peculiar characteristics of the applicant's property, building, or
36 structure. U
37 fa' Variance conditions. In granting the variance,the construction board of adjustment and appeals
38 may prescribe a reasonable time limit within which the action for which the variance is 0
39 required shall be commenced or completed or both. In addition, the board may prescribe 0
40 appropriate conditions and safeguards in conformity with the Florida Building Code.
41 Violation of the conditions of a variance shall be deemed a violation of this chapter and the 0
2
42 Florida Building Code.
43 (g)Appeal to Administrative HearingOfcer. The applicant or the County may request an appeal
44 of the decision of the construction board of adjustment and meal, under Chapter 102,
45 Division 2 by filing the notice required by that article within 30 days after the date of the
46 written decision of the construction board of adjustment and meals.
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S.5.b
1
2 Sec. 6-59. -Right of entry.
3 (a) Inspections. Whenever necessary to make an inspection to enforce any of the provisions of
4 the Florida Building Code, or whenever the Bbuilding Oefficial or his or her authorized
5 designee _has reasonable cause to believe that there exists in any building or structure or upon
reasonable cause to believe that there exists in any building or structure or upon
6 any premises any condition or code violation that makes such building, structure, premises, CL
7 electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the 0
8 Bbuilding Oefficial or his or her authorized designee may enter such building, structure or U-
9 premises at all reasonable times to inspect the same or to perform any duty imposed upon the
10 Bbuilding Oefficial by the Florida Building Code. If such building, structure or premises are U
11 occupied, he or she shall first present proper credentials and request entry. If such building,
12 structure, or premises are unoccupied, he or she shall first make a reasonable effort to locate
13 the owner or other persons having charge or control of such and request entry. If entry is
14 refused,the Bbuilding Oefficial or his or her authorized designee shall have recourse to every
15 remedy provided by law and equity to secure entry.
16 (b) Prohibition on entry. When the Bbuilding Oefficial shall have first obtained a proper
17 inspection warrant or other remedy provided by law or equijy to secure lawful entry,no owner
18 or occupant or any other persons having charge, care or control of any building, structure, or
19 premises shall fail or neglect,after proper request is made as herein provided,to permit prompt C
20 entry therein by the Bbuilding Official or his or her authorized designee for the purpose of
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21 inspection and examination pursuant to the Florida Building Code and this chapter.
22
23 Secs. 6-60-6-76. -Reserved.
24
25 DIVISION 3. -PERMITS, INSPECTIONS AND CERTIFICATES OF OCCUPANCY
26
27 Subdivision I. -In General
28
29 Sec. 6-77. - Certificate of competency required.
30 It shall be unlawful for any person or firm to engage in the business or act in the capacity of a
31 contractor, subcontractor, master,journeyman or maintenance personnel, as hereinafter defined,
32 anywhere within the unincorporated areas of this county without a current valid certificate of
33 competency issued by either the county or by the state.
34 0i
35 Sec. 6-78. - Tests for product compliance.
36 For products not covered under the statewide product evaluation and approval system, the U
37 Bbuilding Oefficial or his or her authorized designee _may require tests or test reports as proof of
38 compliance. Required tests are to be made at the expense of the owner, or his or her agent, by an 0
39 approved testing laboratory or other approved agency. 0
40 Secs. 6-79-6-99. -Reserved.
41 0
42
43 Subdivision II. -Permits
44
c�
45 Sec. 6-100. -Permits required.
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S.5.b
I (a) Applicability. A permit shall be required for all work shown in the following table, except
2 where specifically exempted this section.
3
Work Requiring a Permit Residential Exceptions I
Site preparation including: land
C,
clearing,placements of fill, excavation,
and blasting; however, no permit for site None. However, no fee (including education; contractor0
preparation may be issued except in investigation; or tech fees)shall be charged for invasive exotic
conjunction with the establishment of a vegetation removal ifpermit is not classified as clearing and
use or structure allowed in the land use
grubbing.
district. _0
A permit is not required for the removal of ten or fewer stems of a�
invasive exotic vegetation on parcels with a lawfully established
principal use; however,this exemption shall not apply if the removal
Removal of invasive exotic vegetation is part of a larger clearing operation undertaken in segments within
any one calendar year,whether by the same or different contractors S
and/or the property owner or if undertaken in conjunction with any
construction.
A permit or mitigation is not required if a property owner obtains 0
Pruning trimming or removal of trees documentation from an arborist certified by the International Society C
of Arboriculture or a Florida licensed landscape architect that a tree
presents a danger to persons or property. .,
C9
None.
Demolition wefk is less t $2 500 n�€itiaeatr been
ti�S-liic`d�vccri
Tie downs of habitable structures None
Those signs that are specifically exempt from permit requirements
Signs pursuant to part II of this Code; however,in no case shall a sign be
exempt if its installation represents a threat to life and safety.
Fences None
Sheds None. Effective July 1,2013, sheds are no longer exempt from 0
permitting per this Section.
Chickees not constructed by Miccosukee U
or Seminole Indians None
Any new construction and remodeling Interior remodeling where the fair market value of such work is less t0
work of principal and accessory than $2,500.00 and there is no change in the original size or
structures configuration.
Exterior and interior painting of single- and two-family residential
buildings.
Installation of carpeting and floor coverings in single- and two-
family residential buildings that have previously been inhabited,if
the fair market value of the work is less than $5,000.00.
d
Page
Packet Pg.4831
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Normal maintenance or ordinary minor repairs where the fair market
value of such work is less than $2,500.00.
U)
All work in the electrical, mechanical, Normal maintenance or ordinary minor repairs where the fair market
and plumbing trades value of such work is less than $2,500.00.
The installation of satellite antennas and microwave receiving
CL
antennas that do not exceed one meter in diameter but only where
0
0
mounted on existing buildings or structures.
U-
All work subject to the floodplain
management requirements of the Florida Normal maintenance or ordinary minor repairs where the fair market
U
Building Code and part 11 of this Code value of such work is less than $2,500.00.
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Resource extraction activities (as defined
None
in part 11 of this Code)
E
..................................................................................................................................................................................................................................................................................................................................................................................................................................................
..............................................................................................................................................................................................................................................................
Any work involving life safety None
I *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new work
2 involving electrical, mechanical, plumbing or any improvements subject to floodplain regulations; and if
3 the construction,repair,remodeling or improvement work is a part of a larger or major operation,whether 0
4-
4 undertaken by the same or different contractor. NO EXCEPTIONS apply to work conducted below base 0
5 flood elevation and/or subject to the floodplain management requirements of the Florida Building Code 0
6 and Monroe County Codes to buildings or structures located within a Coastal Barrier Resource System
CL
0
7 (CBRS) or structures located within flood zone AE or flood zone VE. All residential work that is exempt
8 from Monroe County permitting shall still comply with the Florida Building Code,this chapter, and part 11
9 of this Code and shall be subject to code compliance.
10 Z
11 (b) Separate permit required. A separate permit shall be required for each principal structure and
W
12 any dock, seawall, and riprap, accessory structure. X
Z
13 (c)Blanket invasive exotic removal permit. An annually renewable blanket permit for the removal 0
14 of invasive exotic vegetation is available to not-for-profit conservation agencies as approved
15 by the county biologist. 0
16 (d) Permit exemptions for a Hurricane W41ma. event with declared a State ofLocal EmeLgencv.
17 Notwithstanding the provisions of subsection (a) of this section, the following work shall be
18 exempted from requiring a permit prior to the time periods specified below:
19 (1) No permit shall be required where imminent danger to life or safety exists or to prevent '10
20 further property damage caused by a Hurricane Wilma. Property owners may make 0
21 necessary repairs to the minimum extent necessary without a permit; however,
22 photographs should be taken before and after the necessary repairs for inclusion with U
23 subsequent permit applications, as necessary. This exemption from the permitting
24 requirements of this chapter shall be for a period of 60 days based a resolution Uproved 0
25 by the Board of County Commissioners (13 WQ U
26 fFefn whieh t4is seetion is defived. The permit exemption duration may only be extended 0
27 at the discretion of the BOCC by an additional resolution. 0
28 (2) No permit shall be required for any residential work involving the replacement of 300
29 square feet or less of storm damage roof shingle and underlqymen . This exemption from
30 the permitting requirement of this chapter shall be for a period of 60 days based a E
31 resolution approved by the Board of County Commissioners (BOCC)4 eff ��
32 date of toe or-dina-nee fFem whieh t4is seetion is der-ived. The permit exemption duration <
33 may only be extended at the discretion of the BOCC by an additional resolution.
Page 10-F AK
I Packet Pg.4832
S.5.b
1 (3) No permit shall be required for any work involving the demolition/removal of dry wall,
2 cabinet and vanities, heating/cooling and electrical systems, and floor coverings in
3 flooded structures, and demolition of storm damaged accessory structures or docks
4 seawalls, and lifts. This exemption from the permitting requirement of this chapter shall
5 be for a period of 90 days based a resolution approved by the Board of County
f„ too off etive,a e of ,a f of ,:.i.ie t4is see ,, C
6 Commissioners (BOCCE CL
7 is The permit exemption duration may only be extended at the discretion of the 0
8 BOCC by an additional resolution. U_
9 (e) Miccosukee and Seminole chickee huts. Chickees constructed by the Miccosukee Tribe of
10 Indians or the Seminole Tribe of Florida require a land development permit. The term U
11 "chickee" means an open-sided wooden but that has a thatched roof or palmetto or other
12 traditional materials, and that does not incorporate any electrical, plumbing, or other non-
13 wood features. Chickees shall comply with part II of this Code and shall be subject to code
14 compliance.
15
16 Sec. 6-101. -Building permit application process.
17 (a)Application. An applicant for a building permit shall submit a completed application on a form
18 prescribed and approved by the Bhuilding Oefficial along with a nonrefundable fee, if -
19 required by this chapter, and any other drawings, diagrams, and materials required by the C
20 Bduilding Oefficial to ensure compliance with the Florida Building Code and this chapter. 0.
21 The application shall be properly executed signed by the owner of the property or his or her
22 authorized agent.No application shall be accepted for processing that is not deemed complete,
23 legally sufficient, and that includes payment of all required fees, without the express written
24 approval of the Bhuilding Oefficial.
25 (b)Agents for owner builders. In accordance with F.S. ch. 489, an agent may not apply for, nor be
26 issued a permit on behalf of an owner builder.
27 (c)Permit issuance. A building permit shall only be issued if the Bduilding Oefficial finds that it 0
28 is consistent with the Florida Building Code and this chapter and is compliant with part II of CL
29 this Code, as determined by the Pplanning Ddirector.
30 (d)Permit conditions. The Bduilding Oefficial may place conditions on a permit as are necessary 01
31 to ensure development is carried out in compliance with all applicable laws and regulations.
32 Violation of a permit condition shall be constitute a violation of this chapter by operation of
33 law.
34 (e)Inspection prior to issuance of a permit. Before issuing a permit, the Bhuilding Oefficial may 01
35 examine or cause to be examined any building,electrical, gas,mechanical or plumbing system d
36 for which an application has been received for a permit to enlarge, alter, repair, move, U
37 demolish, install or change the occupancy. He or she, or his or her authorized designee, shall
38 inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time 0
39 to time, during and upon completion of the work for which a permit was issued. He or she, or 0
40 his or her designee, _shall make a record of every such examination and inspection and of allshall make a record of every such examination and inspection and of all
41 violations of the technical codes. 2
42
43 Sec. 6-102. -Permit application time limitations.
44 (a) Time limitations on permit application. Unless the permit has been issued or the approved
45 permit application has been entered into the permit allocation system process as provided for
46 under part II of this Code, an application for a permit shall be deemed to have been abandoned
Page
Packet Pg.4833
S.5.b
I and become null and void six months after the date of filing for the permit,except as otherwise
2 provided for in this chapter. A one-time extension for a period of not more than 90 days may
3 be authorized by the Bhuilding Oefficial provided that the extension is requested in writing
4 along with a nonrefundable fee.
5 (b) Notification of ready permit. The building department shall notify the permit applicant for
6 principal structures that the permit is ready to be issued (the "ready permit"). In the case of CL
7 applications within the permit allocation system, as governed by part II of this Code, 0
8 notification shall be by certified mail to the name and address given by the applicant on the U_
9 application. For all other permit applications, notice may be verbal or written as appropriate.
10 (c) Expiration of ready permits. In the case of permit applications within the permit allocation U
11 system, ready permits that are not picked up within 60 days of the notification by certified
12 mail shall automatically expire and become null and void. Except for demolition permits, all
13 other permits that are ready but have not been picked up shall automatically expire in
14 accordance with the provisions of subsection (a) of this section. In either case, to renew the
15 expired permit a new building permit application together with appropriate nonrefundable fees
16 must be submitted to the building department for approval.
17
18 Sec. 6-103. -Issued permits. -
19 (a)Permit intent. A permit issued shall be construed to be a license to proceed with the work and C
20 not as authority to violate, cancel, alter or set aside any of the provisions of the Florida
21 Building Code or a*d other technical codes or of the Monroe County Codes.Nor shall issuance
22 of a permit prevent the Bhuilding Oefficial from thereafter requiring a correction of errors in
23 plans, construction, or violations of this the Florida Building Code or this chapter.
24 (b) Permit time limitations. Every permit issued shall become null and void unless the work
25 authorized by such permit is commenced within six months after its issuance, or if the work W
26 authorized by such permit is suspended or abandoned for a period of six months after the time
27 the work is commenced. Work is considered commenced if it has received an approved initial 0
28 inspection pursuant to permit requirements or an approved temporary electrical inspection.
29 Any valid permit, for which construction has commenced, must progress in a timely fashion. a
30 The only method by which timely valid progress of authorized work may be demonstrated is <i
31 through the building department's having performed and approved a required inspection on
32 the building permit display card within 180 days measured from either:
33 (1)As to the initial inspection, the date work was required to begin; or
34 (2) As to inspections subsequent to the initial inspection, from the date of the last performed 01
35 and approved required inspection on the display card.
36 (c)Reserved. U
37 (d)Failure to obtain inspections. Failure to obtain an approved inspection within 180 days of the
38 previous approved inspection shall constitute suspension or abandonment that shall render the 0
39 permit null and void and/or expired. Any work completed without an approved inspection 0
40 may be subject to code compliance proceedings.
41 (e) Extensions. After work is commenced, a one-time only extension of time for a period of not 2
42 more than 180 days, may be allowed by the Bhuilding Oefficial for the permit, provided the
43 extension is requested in writing and justifiable cause is demonstrated prior to the expiration
44 date. Any extension request shall be accompanied by a nonrefundable fee.
45
46
Page
Packet Pg.4834
S.5.b
I Sec. 6-104. -Revocation of permits.
2 The Bhuilding Oefficial may recognize as expired by operation of law, or suspend, void,
3 rescind, or revoke any building permit or building permit application under any one of the
4 following circumstances:
5 (1) A materially false statement is contained in the application or plans for which the permit
6 was issued;
7 (2)Work is undertaken outside the scope or contrary to the conditions of the building permit; 0
8 of U_
9 (3) The permit was issued in error and, in the opinion of the planning director, the Bhuilding
10 Oefficial, or the fire marshal, the error would result in a threat to the health, safety or U
11 welfare of the public; or-
12 (4) On a basis authorized under the Florida Building Code or this chapter, or, pursuant to an
13 independent determination of the Planning Director upon a basis authorized under the
14 Land Development Code.
15
16 Sec. 6-105. -Permit applications for hazardous occupancies.
17 The Bhuilding Oefficial, or his or her authorized designee, may require that any application may require that any application 0'
18 for a permit involving a hazardous occupancy shall contain: 0
19 (1) A general site plan drawn at a legible scale that shall include, but not be limited to, the a
20 location of all buildings, exterior storage facilities, permanent accessways, evacuation C
21 routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas,
22 storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The
23 exterior storage areas shall be identified with the hazard classes and the maximum
24 quantities per hazard class or hazardous materials stored; and
25 (2) A building floor plan drawn to a legible scale that shall include but not be limited to all wX
26 hazardous materials storage facilities within the building and shall indicate rooms,
27 doorways, corridors, exits, fire-rated assemblies with their hourly rating, location of 0
28 liquid-tight rooms, and evacuation route. Each hazardous materials storage facility shall CL
29 be identified on the plan with the hazard classes and quantity range per hazard class of
30 the hazardous materials stored. i
31
32 Sec. 6-106. -Mobile/manufactured homes plan review criteria.
33 Building permit applications submitted for placement of mobile/manufactured homes shall 0
34 contain, but not necessarily be limited to, the following information required by the Bhuilding
35 Oefficial for plans review:
36 (1) Site requirements: setback/separation and location of on-site wastewater treatment
37 facilities;
38 (2) Structural: wind zone, flood hazard area, anchoring, and blocking; U
39 (3) Mechanical: exhaust systems, including clothes dryer and kitchen equipment exhausts; 0
40 and
0
41 (4)Electrical: exterior disconnect location.
42
43 Sec. 6-107. -Reserved.
44
45 Sec. 6-108. -Fees.
Page
Packet Pg.4835
S.5.b
I (a)Purpose. The purpose of this section is to establish the authority, schedule, and exemptions for
2 permitting and related fees.
3 (b) Authority and fee schedule. Except as specifically established by this chapter, the board of
4 county commissioners may by resolution establish a fee schedule for,but not limited to,permit
5 applications, permits, plans examination, certificates of competency, re-inspections, permit
6 renewals, administrative fees, variance requests, and administrative appeals. CL
7 (c) Required. Except as authorized by this chapter, no permit shall be issued without payment of 0
8 all appropriate fees. Where a nonrefundable application fee is charged,the fee may be applied U-
9 to off-set the total permit fee at the time the permit is issued, except where the application fee
10 exceeds the total permit fee. In this case,the application fee shall become the total permit fee. U
11 (d)Exemptions. Exemptions only exist as specifically provided by state statute and for volunteer
12 fire departments.
13 (e) Waivers. Any entity may apply to the board of county commissioners for fee waivers from the
14 building permit and building permit application fees for construction or renovation of
15 affordable, low or very low income housing intended for occupancy for those households with
16 income up to 120 percent of the median annual adjusted gross income as defined by Monroe
17 County. Persons or entities which have a development order in effect as of February 17, 2010
18 for affordable housing may apply for such fee waivers. Persons or entities building affordable
19 housing which uses a higher percentage median income than 120 percent for qualification for C
20 occupancy may apply for a waiver from building permit and permit application fees only if
CL
21 the specific project for development is being subsidized with or is leveraging state or federal
22 funding. All such waivers apply only to the individual housing units being constructed. There
23 are no other waivers of permit fees.
24 (f)Refunds. No fees paid for permit fees shall be refunded without the approval of the Bhuilding Z
25 Oefficial with concurrence from the planning director.
26 X
27 Sec. 6-109. -Building permit valuations.
28 If in the opinion of the 134uilding Oefficial or his or her authorized designee,gnee, the valuation of CL
29 building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be
30 underestimated on a building permit application, the permit application shall be denied, unless the i
31 applicant can show detailed estimates to meet the approval of the Bhuilding Oefficial. Permit
32 valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and
33 other systems, including materials and labor. The permit valuation may be calculated using the
34 most recent edition of Means Construction Data and/or ICC/Construction Costs Valuation Manual i
35
36tetie��'�� or other applicable model code organization, at the option of the Bhuilding
37 Oefficial.
38 t0
39 Sec. 6-110. -Fees and permitting requirements for work done without a permit. 0
40 (a)After-the fact permits and fees.
41 (1)Any person who commences any work requiring a permit under this chapter on a building, 2
42 structure, electrical, gas, mechanical or plumbing system before obtaining the 134uilding
43 Oefficial's approval or necessary permits shall pay $500.00 for completed construction
44 work that is valued at $5,000.00 or less or, pay $1,000.00 for completed work that is
45 valued at more than$5,000.00 or ten percent of the value of the construction work already
46 completed, whichever is greater.
Page
Packet Pg.4836
S.5.b
1 (2) Before any permit may be issued under subsection (a) of this section, the person, firm or
2 corporation seeking the permit shall, at his own expense provide the building department
3 with the following:
4 a. Drawings sealed by an engineer licensed to practice in the state that certifies that all
5 work already done is in compliance with the Florida Building Code; and
6 b. A certification from an engineer licensed in the state that all steel work is in compliance
7 with the Florida Building Code and relevant state law and that such compliance has 0
8 been verified through generally accepted engineering practice. U-
9 Compliance with the engineer certification requirements of this subsection shall neither
10 relieve the person, firm or corporation of fully complying with all other relevant county U
11 regulations, county ordinances or state statutes,nor from any penalties prescribed herein.
12 (3) Any person who commences to place fill that requires a permit under this chapter before
13 obtaining the B4uilding Oefficial's approval or necessary permits shall:
14 a. Pay $500.00 for fill placed over 100 square feet or less of area, or pay $1,000.00 for
15 fill placed over more than 100 square feet of area;
16 b.Pay a mitigation fee to the county's restoration fund of$3.00 per square foot of wetlands
17 area affected; and
0
18 c. Restore to the original condition and grade those filled areas that cannot be permitted -
19 under the Florida Building Code and part II of this Code. a
20 (4)Any person who commences to clear lands that require a permit under this chapter or part
0.
21 II of this Code before obtaining the B4uilding Oefficial's approval or necessary permits
22 shall:
23 a.Pay $500.00 for clearing of 100 square feet or less of land,or pay $1,000.00 for clearing
24 of more than 100 square feet of land; and
25 b. Comply with the requirements of section 118-11.
26 (b) Demolition. In lieu of obtaining an after-the-fact permit or approval from the B4uilding M
z
27 Oefficial above, the person, firm or corporation may remove all unpermitted work and return
28 the site to its original condition. A demolition permit shall be required for all commercial work
29 (regardless of value), and for residential work when the fair market value of the unpermitted
30 construction work is $1,000.00 or more. For removal of unpermitted fill, a demolition permit
31 shall be required, the fees and requirements for the demolition permit including payment of
32 mitigation funds shall be the same as those for an after-the-fact permit pursuant to subsection
33 (a)(3) of this section. For unpermitted land clearing, an after-the-fact permit, not a demolition
34 permit, shall be required pursuant to the provisions of subsection (a)(4) of this section. 0
35 (c) Unpermitted placement offill and land clearing; after-the-fact permit.
36 (1) If land has been cleared in excess of what may be permitted, no building permit shall be U
37 issued for after-the-fact construction work under this section until the requirements of
38 section 118-11 and subsection (a)(4) of this section have been met. 0
39 (2) If placement of fill has occurred in excess of what may be permitted, no building permit 0
40 shall be issued for after-the-fact construction work under this section until the
41 requirements of subsection (a)(3) of this section have been met. 0
2
42 (d) Work that is unpermittable. In the event the construction work, land clearing, or placement of
43 fill is unpermittable under the Florida Building Code or part II of this Code, the site shall
44 be restored to its original condition pursuant to subsection (b) of this section.
45 (e) Appeals. An appeal from any administrative decision made by the B4uilding Oefficial in
46 enforcing this section shall be pursuant to part 11 of this Code.
Page
Packet Pg.4837
S.5.b
I (f)Emergency exemption. The provisions of this section shall not apply to emergency work when
2 delay clearly would have placed life or property in imminent danger. But in all such cases the
3 required permit must be obtained within three business days and any unreasonable delay in
4 obtaining said permit shall result in the charge of an after-the-fact permit fee as per subsection
5 (a) of this section. The payment of this fee shall not preclude or be deemed a substitute for
6 prosecution for commencing work without first obtaining a permit. The Bhuilding Oefficial CL
7 may grant extensions of time or waive fees when justifiable cause has been demonstrated in 0
8 writing. U_
9
10 U
11
12 for- t4e work and any addit-i&R-� fkees r-el4ed to eempleted eenstmet4en work shall not be
13 ed. if t4e fee(s)has air-ea4 bee*paid,t4e*t4e eefffit-y shall r-eimbttr-se t4e pafty makiffg
14
15 the faet fees, i*e1ttdi*g after-t4e faet pefmit fees shall r-evet4 te t4e established fee amei
16
17 Sec. 6-111. -Motion picture, commercial and television production.
0
18 A special,no-fee permit, is required for construction of temporary facilities and improvements -
19 incidental to motion picture, commercial and television production, including, but not limited to, a
20 sets, stages, tents, and supporting facilities and power. Any such special permit shall require that C.
21 the site be restored to its original condition and shall state that the permit is not authorization for
22 any work requiring a permit under this chapter or part 11 of this Code.
23
Z
24 Sec. 6-112. - Temporary structures.
25 The Bhuilding Oefficial, or his or her authorized designee,may issue a special building permit
26 for a limited time of not more than six months for the erection of temporary structures,
27 including but not limited to sheds, trailers, seats, canopies, tents, and fences used in construction 0
28 work or for temporary uses and events. Any such permit for temporary uses shall be in compliance CL
29 with this section and the provisions of the Land Development Code, specifically section 130-5.
30 and Chapter 122 if located in flood hazard areas. Any structures shall be completely removed uponi
31 expiration of the time stated in the permit, which shall be the minimum amount of time necessary
32 to accommodate the temporary use. In the event a temporary structure is required for more than
33 six months for a construction-related project, the applicant shall apply for a new special
34 building permit prior to the expiration of the original building permit.
35
36 Sec. 6-113. -New permit required.
37 If work has commenced and the permit is revoked, rescinded, becomes null and void, and/or
38 expires because of lack of progress or abandonment, a new permit covering the proposed U
39 construction shall be obtained before work may lawfully proceed,which may require the payment 0
40 of after-the-fact fees rather than regular permit fees. The Bhuilding Oefficial may require an on-
41 site inspection, plans, drawings, and other documentation. If the permit was issued under the 2
42 permit allocation system in part II of this Code, the applicant shall not be issued a permit until
43 awarded an allocation.
44
45 Subdivision III. -Inspections and Certificate of Occupancy
46 Sec. 6-140. -Required inspections.
Page
Packet Pg.4838
S.5.b
I The Bbuilding Oefficial, upon notification from the permit holder or his or her agent, shall
2 make inspections required by the Florida Building Code and this chapter and shall either release
3 that portion of construction or shall notify the permit holder or his or her agent of any violations
4 that must be corrected to comply with the Florida Building Code and this chapter. The Bhuilding
5 Oefficial shall determine the timing and sequencing of when inspections occur and what elements
6 are inspected at each inspection. CL
7 0
8 Sec. 6-141. -Inspection service.
9 The Bhuilding Oefficial or his or her authorized designee, may make, or cause to be made,
10 the inspections required by the Florida Building Code and this chapter. He or she may accept U
11 reports of department inspectors, independent inspectors or of recognized inspection services,
12 provided that after investigation he or she is satisfied as to their licensing, qualifications and
13 reliability. A certificate required by any provision of this Code general law, or the Florida Building
14 Code shall not be based on such reports unless the same are recorded by the building code inspector
15 or the architect or engineer performing building code inspections in a manner specified by the
16 Bbuilding Oefficial. The Bhuilding Oefficial shall ensure that all persons making such inspections
17 shall be certified in accordance with F.S. ch. 468.
18 4-
0
19 Sec. 6-142. -Manufacturers and fabricators. C
20 When deemed necessary by the Bbuilding Oefficial,he or she shall make, or cause to be made,
21 an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall
22 be made of every such examination and inspection and of all violations of the technical codes.
23
24 Sec. 6-143. -Work concealed prior to inspection.
25 If any work is concealed before an inspection has been made and the work approved, no
26 further work shall occur on the site until the work is exposed, inspected and approved by a county X
Z
27 inspector or until certification is provided to the Bbuilding Oefficial by an architect or engineer
28 that the concealed work is in conformance with the appropriate code. CL
29
30 Sec. 6-144. -Inspections prior to issuance of certificate of occupancy. i
31 In addition to the inspection requirements of section 110 4-0S, Florida Building Code, the
32 following inspections and inspection elements shall be required as deemed necessary by the
33 Bbuilding Oefficial:
34 (1) 0i
35
36 U
37 bee* made a-Rd passed.
38 {�Foundation survey. A foundation survey prepared and certified by a registered surveyor 0
39 shall be required for all new construction prior to approval of the framing inspection. The 0
40 survey shall certify placement of the building on the site,illustrate all surrounding setback
41 dimensions and shall be available at the jobsite for review by the building inspector. In 0
42 lieu of providing a survey, the contractor may elect to uncover all property line markers
43 and string-up all property lines in preparation for inspection.
44
45
Page
Packet Pg.4839
S.5.b
1
3
4
5
6
7 0
8 (2-7) Final inspection requirements. _
9 a. After the building or work is completed, final inspections shall be made for every
10 permit for work requiring plan review and approval or related to public health,safety, U
11 and welfare, as determined by the Bhuilding Oefficial or his or her authorized
12 designee. Any permit requiring a final inspection shall be so annotated on the issued
13 permit.
14 b. It is the responsibility of the permit holder to call for a final inspection. Failure to
15 obtain a final inspection shall render the permit null and void and/or expired, if it is
16 not done within the duration limits for the permit as specified in this chapter. The
17 permit holder is subject to code compliance proceedings, if construction is completed
18 and no required final inspection is made. If the permit becomes null and void and/or
19 expired, no further work is authorized without a new permit or approval by the a
20 Bhuilding Oefficial.
CL
21
22 Sec. 6-145. - Certificate of occupancy.
23 A building or structure shall not be used or occupied,and a change in the existing use or occupana
24 classification of a building or structure or portion thereof shall not be made, until the Building
25 Official has issued a certificate of occupancy as set forth in Section 111, Florida Building Code.
26 In addition to the requirements of Section 111, Florida Building Code, the following is required: M
Z
27
28
29 (a4) Issuance of certificate of occupancy. Upon completion of construction of a building or
30 structure and installation of electrical, gas, mechanical, and plumbing systems and after final
31 inspections, the Bhuilding Oefficial shall issue a certificate of occupancy,provided he or she
32 does not find violations of the provisions of the Florida Building Code, this code or other
33 laws, including_'
35 (1) Was found in compliance with the Florida Building Code and this chapter;
36 (2) Was found in compliance by the Pplanning Ddirector with part II of this Code and the U
37 Floodplain Administrator with Chapter 122 of part 11 of the Code;
38 (3) Was found in compliance with fire prevention and life and safety codes by the fire 0
39 marshal, where applicable; and 0
40 (4) That any on-site sewage disposal and treatment received an approved final inspection,
41 where applicable. 0
2
42 (hp) Debris removal. No certificate of occupancy shall be issued unless all construction debris
43 is removed from the site.
44 (cd) Revocation of certificate of occupancy. The Bhuilding Oefficial may revoke any certificate
45 of occupancy, if a false statement is contained in the permit application upon which the
46 certificate is issued or if subsequent use does not conform with the land use (zoning) district
Page
Packet Pg.4840
S.5.b
I in which the structure is located, or as authorized by the Florida BuildiLg Code or pursuant
2 to this chapter.
3 (de) Temporary certificate of occupancy. The B4uilding Oefficial may issue a temporary
4 certificate of occupancy for no more than 12 months for portions of a building that, in his or
5 her determination, may be safely occupied prior to final completion of the building.
6
7 Sees. 6 146 6197. Reserved. 0
8 �
9
10 DIVISION 4.—FLORIDA BUILDING CODE AMENDMENTS
11 The following local amendments to the Florida Building Code are hereby made and incorporated to the rsr
12 Monroe County Code.
13
14 Sec. 6-146.—Florida Building Code,Buildine,Administrative Amendments.
15 as
16 (a)Modify Section 107.3.5 as follows for additional flood requirements:
17
18 107.3.5 Minimum plan review criteria for buildings.
19 The examination of the documents by the building official shall include the following
20 minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof a
21 framing plan or truss layout; all fenestration penetrations; flashing; and rough opening 2
22 dimensions; and all exterior elevations: 0
23
d
24 Commercial Buildings: Building. [partial shown]
25 8. Structural requirements shall include: _
26 Soil conditions/analysis
27 Termite protection
28 Design loads
29 Wind requirements 0
30 Building envelope 0-
31 Impact resistant coverings or systems
32 Structural calculations (if required)
33 Foundation
c�
34 Flood requirements in accordance with Section 1612, including lowest floor
35 elevations,enclosures,nonconversion agreement,V-Zone and Coastal A Zone
36 Construction Certification Form, flood damage resistant materials 0
37 Wall systems
38 Floor systems
39 Roof systems
40 Threshold inspection plan
41 Stair systems t0
42 0
43 107.3.5 Minimum plan review criteria for buildings.
44 The examination of the documents by the building official shall include the following 0
45 minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof
46 framing plan or truss layout; all fenestration penetrations; flashing; and rough opening
47 dimensions; and all exterior elevations: E
48
49
50 Residential(one- and two-family). [partial shown]
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1 6. Structural requirements shall include:
2 Wall section from foundation through roof, including assembly and materials
3 connector tables wind requirements structural calculations (if required)
4 Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
5 enclosures, nonconversion agreement, V-Zone and Coastal A Zone
6 Construction Certification Form, equipment, and flood damage-resistant
C,
7 materials. a
8 2
9
10 (b) Modify Section 110.3 as follows: d
U
11 110.3 Required inspections.
12 The building official upon notification from the permit holder or his or her agent shall make the
13 following inspections, and shall either release that portion of the construction or shall notify the
14 permit holder or his or her agent of any violations which must be corrected in order to comply
15 with the technical codes. The building official shall determine the timing and sequencing of
16 when inspections occur and what elements are inspected at each inspection.
17 Building [partial shown]
4-
0
18 1. Foundation inspection. To be made after trenches are excavated and forms erected and shall at a
19 a minimum include the following building components:
CL
20 • Stem-wall ,0
21 0 Monolithic slab-on-grade
22 • Piling/pile caps e9
23 0 Footers/grade beams Z
24 1.1.In flood hazard areas, upon placement of the lowest floor, including basement, and
25 prior to further vertical construction, the FEMA Elevation Certificates
26 eei4 E)a shall be submitted to the authority having jurisdiction. Z
27 5. Final inspection. To be made after the building is completed and ready for occupancy.
28 5.1.In flood hazard areas, as part of the final inspection, final FEMA Elevation Certificate 0
29 EE fiiia' eef6fte iai of the lowest floor elevation shall be submitted to the authority
30 having jurisdiction.
31
32 Sec. 6-147.—Florida Building Code,Buildine, Technical Amendments.
33
34 (a) Add a new Sections 1612.4.3, 1612.4.3.1 and 1612.4.3.2 as follows: 1
35
36 1612.4.3 Minimum and Alternate Eneineered Foundation Requirements. Design and U
37 construction of foundations in Special Flood Hazard Areas shall be in accordance with the
38 minimum requirements as set forth in 1612.4.3.1 or 1612.4.3.2.
0
39 U
40 1612.4.3.1 Minimum Foundation Requirements. Design of the foundation system shall 0-
41 be provided by a Geotechnical Engineer registered in the State of Florida in a site-specific C
0
42 geotechnical report submitted per requirements of Section 1803.6. The foundation design
43 shall be the more stringent of recommendations of the report and meet the following
44 minimum requirements:
45 1.All structures or building foundations shall be anchored/socketed into natural rock. This
46 includes,but is not limited to,auger cast concrete piles,precast concrete piles or wooden
47 piles.
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1 2. All concrete Piling shall have full depth reinforcing to effectively resist the internal
2 forces induced by the design loads,without failure.
3 3.All piling shall be anchored to the natural rock with a 14 inch minimum diameter augured
4 socket and a minimum embedment of 3 feet.
5 4.The pile foundation support system shall be designed to resist the required lateral loading
6 for an unsMorted height defined by a full scour condition.The construction documents
7 shall include a statement that the design has been completed and certified for a full scour 'a
8 condition for lateral stability to the elevation of the supporting rock and in accordance 0
9 with ASCE 24. U-
10 5. Pile embedment shall include consideration of decreased resistance capacity caused by
11 scour of soil strata surrounding the piling and have adequate rock penetration to resist U
12 the combined wave and wind loads (lateral and uplift).
13
14 1612.4.3.2 Alternate Eneineered Foundation Requirements. Acceptance of a designed
15 pile foundation system which deviates from the minimum requirements of Section
16 1612.4.3.1 will be considered, provided a site-specific geotechnical investigation is u
17 performed,followed by a report certifying the designed foundation system is prepared and
18 submitted by a Geotechnical Engineer registered in the State of Florida,which includes an
19 engineering evaluation and recommendations for suporting the structure. The 0
20 geotechnical report shall include the following minimum information: 0
21 1. The requirements of Section 1803.6 shall be satisfied. 0
22 2. Resistance of the foundation system shall be no less than the governing structural C,
23 design loads. The design loading for the building or structure which is to be sMorted
24 by the foundation system, as provided by the engineer of record, shall be included as
25 an attachment.
26 3. A site-specific scour analysis using equations for contraction scour which considers z
27 any proposed fill material and final ground elevation upon project completion. An
28 estimated depth of scour shall be provided for each isolated support. For a design M
29 considering a full scour condition in the absence of the site-specific analysis, the
0
30 construction documents shall include a statement that the design has been completed
CL
31 and certified for a full scour condition for lateral stability to the elevation of the 0
32 supporting rock and in accordance with ASCE 24.
33 4. A certified survey of the subject property which include, but not limited to, thei
34 following information:
35 a. Legal description of the property.
36 b. The property owner's name.
37 c. All vertical data specified on the survey shall be referenced to NAVD 88. 0i
38 d. The location of the property in relation to bordering roads and streets.
39 e. Property boundaries and right-of-wad u
40 f. The proposed location of the foundation elements.
41 5. A site plan,which includes a physical feature or reference survey marker indicated on
42 the certified survey, indicating the location, configurations, and minimum depths of u
43 foundation elements, and proposed grades. Locations of fill material shall be clearly 0
44 delineated.
45 The geotechnical report shall be provided to the County for their records. A cover sheet 2
46 shall be provided, attached to the report submittal, which includes or explicitly references
47 the above items. This report shall consider local scour and all applicable design loads as
48 outlined in the Florida Building Code. Pile embedment shall include consideration of a
49 decreased resistance capacity caused by scour of soil strata surrounding the piling and have u
50 soil and/or rock anchored resistance to resist the design combined wave and wind loads <
51 (lateral and uplift).
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1
2
3 (b) Add a new Section 1612.4.4 as follows:
4
5 1612.4.4 Additional requirements for enclosed areas.
6
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7 In addition to the requirements of ASCE 24 for new and substantially improved residential a
8 buildings (limited to multi-family dwellings, apartment buildings, and condominiums) and lateral
9 additions to residential buildings (limited to multi-family dwellings, apartment buildings, and
10 condominiums),enclosed areas below the required elevation shall be not more than 299 square feet
11 in area per dwelling unit. Nonconforming enclosed areas of 299 square feet or more existing on U
12 April 12,2004, shall not be modified,improved,or expanded unless the enclosed areas are brow
13 into compliance.
14
15 Sec. 6-148.—Florida Building Code,Residential Technical Amendments.
a�
16
17 (a)Modify Sections 322.2.2 and 322.2.3 as follows:
18 �
19 R322.2.2 Enclosed area below design flood elevation. Enclosed areas, below new and 4-
20 substantially improved one-and two-family dwellings,and below lateral additions to one-and two- 0
21 family dwellings,including crawl spaces,that are below the design flood elevation shall: 2
22 1. Be used solely for parking of vehicles,building access or storage. C
23 2. Be provided with flood openings that meet the following criteria and are installed in
d
24 accordance with Section R322.2.2.1:
25 2.1.The total net area of non-engineered openings shall be not less than 1 square inch(645
26 mm2)for each square foot(0.093 m2)of enclosed area where the enclosed area is measured
27 on the exterior of the enclosure walls, or the openings shall be designed as engineered W
28 openings and the construction documents shall include a statement by a registered design M
29 professional that the design of the openings will provide for equalization of hydrostatic 0
30 flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters
31 as specified in Section 2.7.2.2 of ASCE 24. 0
32 2.2. Openings shall be not less than 3 inches (76 mm) in any direction in the plane of the
33 wall.
34 2.3 The presence of louvers, blades, screens and faceplates or other covers and devices
35 shall allow the automatic flow of floodwater into and out of the enclosed areas and shall
36 be accounted for in the determination of the net open area.
37 3. Shall not be more than 299 square feet except for perimeter wall foundations 01
38 (crawl/underfloor spaces)with wall heights less than 5 feet.
39 4. Nonconforming enclosed areas of 299 square feet or more below one- and two-family U
40 dwellings existing on April 12, 2004, shall not be modified,improved, or expanded unless the
41 enclosed area are brought into compliance with this section. 0
42 U
43 R322.2.3 Foundation design and construction 0
44 Foundations walls for buildings and structures erected in flood hazard areas shall meet the 0
45 requirements of Chapter 4 and R322.2.3.1 or R322.2.3.2. The design and construction of 2
46 foundations located in flood hazard areas shall be in accordance with Chapter 5 of ASCE 7 and a
47 with ASCE 24.
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49
50Trrr-
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I
2 4 feet(1 71 n. ni)
3
4
5
6 gr-ade of the tmder- floor-spaee to the top of the wall.
7 C'
8 (b) Add new sections 322.2.3.1 and 322.2.3.2 as follows: 0
9 U-
10 R322.2.3.1 Minimum Foundation Requirements. Design of the foundation system shall be
11 provided by a Geotechnical Engineer registered in the State of Florida in a site-specific u
12 geotechnical report submitted per requirements of Section 1803.6 (Florida Building Code, a
13 Building). The foundation design shall be the more stringent of recommendations of the report and
14 meet the following minimum requirements:
15 1. All structures or building foundations shall be anchored/socketed into natural rock.
16 This includes,but is not limited to, auger cast concrete piles,precast concrete piles or u
17 wooden piles.
18 2. All concrete piling shall have full depth reinforcing to effectively resist the internal
19 forces induced by the design loads,without failure. 0
20 3. All piling shall be anchored to the natural rock with a 14 inch minimum diameter 0
21 augured socket and a minimum embedment of 3 feet. 0
g
22 4. The pile foundation support system shall be designed to resist the required lateral C,
23 loading for an unsupported height defined by a full scour condition. The construction
24 documents shall include a statement that the design has been completed and certified
25 for a full scour condition for lateral stability to the elevation of the supporting rock and
26 in accordance with ASCE 24. z
27 5. Pile embedment shall include consideration of decreased resistance capacity caused by
28 scour of soil strata surrounding the piling and have adequate rock penetration to resist m
29 the combined wave and wind loads (lateral and uplift).
30
31 R322.2.3.2 Alternate Engineered Foundation Requirements. Acceptance of a designed pile
32 foundation system which deviates from the minimum requirements of Section R322.2.3.1 will be
33 considered,provided a site-specific geotechnical investigation is performed, followed by a reporti
34 certifying the designed foundation system is prepared and submitted to the County by a u
35 Geotechnical Engineer registered in the State of Florida,which includes an engineering evaluation
36 and recommendations for supporting the structure. The geotechnical report shall include the
37 following minimum information: 0
38 1. The requirements of Section 1803.6 (Florida Building Code, Building,) shall be
39 satisfied. u
40 2. Resistance of the foundation system shall be no less than the governing structural
41 design loads. The design loading for the building or structure which is to be supported
42 by the foundation system, as provided by the engineer of record, shall be included as is
43 an attachment. 0
0
44 3. A site-specific scour analysis using equations for contraction scour which considers
45 any proposed fill material and final ground elevation upon project completion. An 2
46 estimated depth of scour shall be provided for each isolated support. For a design
47 considering a full scour condition in the absence of the site-specific analysis, the
48 construction documents shall include a statement that the design has been completed a
49 and certified for a full scour condition for lateral stability to the elevation of the u
50 supporting rock and in accordance with ASCE 24.
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1 4. A certified survey of the subject property which include, but not limited to, the
2 following information:
3 a. Legal description of the property.
4 b. The property owner's name. 0
5 c. All vertical data specified on the survey shall be referenced to NAVD 88
6 d. The location of the property in relation to bordering roads and streets.
7 e. Propey boundaries and right-of-ways. 'a
rt
8 f. The proposed location of the foundation elements. 0
9 5. A site plan,which includes a physical feature or reference survey marker indicated on U_
10 the certified survey, indicating the location, configurations, and minimum depths of
11 foundation elements, and proposed grades. Locations of fill material shall be clearlX U
12 delineated.
13 The geotechnical report shall be provided to the County for their records. A cover sheet 5
14 shall be provided, attached to the report submittal, which includes or explicitly references
15 the above items. This report shall consider local scour and all applicable design loads as
16 outlined in the Florida Building Code. Pile embedment shall include consideration of U
17 decreased resistance capacity caused by scour of soil strata surrounding the piling and have
18 soil and/or rock anchored resistance to resist the design combined wave and wind loads
19 (lateral and uplift).
4-
0
20 C
21 (c)Modify Sections 322.3.3 and 322.3.6 as follows: 2
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22 0
23 R322.3.3 Foundations.
24 Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be 0
25 supported on pilings or columns and shall be adequately anchored to such pilings or columns. The
26 space below the elevated building shall be either free of obstruction or,if enclosed with walls, the
27 walls shall meet the requirements of Section R322.3.5.Pilings shall have adequate soil penetrations M
28 to resist the combined wave and wind loads (lateral and uplift).Water-loading values used shall be Z
29 those associated with the design flood. Wind-loading values shall be those required by this code. 0
30 Pile embedment shall include consideration of decreased resistance capacity caused by scour of CL
31 soil strata surrounding the piling. Pile systems design and installation shall be certified in
32 accordance with Section R322.3.9. i
33 c�
34
Seetion R401.4 indieate that sail fnater-ial tmder-the spread feeting,mat,r-af4 er-ather-99tmdati-
35
36 A 0
37 foundation design shall be in accordance with Section R322.2.3.1 or R322.2.3.2. The design and
38 construction of foundations located in coastal high hazard areas, including Coastal A zones, shall
U
39 be in accordable with Chapter 5 of ASCE 7 and with ASCE 24.
40 &ieeptiea: la Coastal A Zones, stem wall gqtmdati a flOOF SySteffl abOVe a-HEI
41 U
42
43 a
44 f ti s t , rt f-the less f soil. 0
45
46 R322.3.6 Enclosed areas below design flood elevation.
47 Enclosed areas below the design flood elevation shall not be more than 299 square feet and shall E
48 be used solely for parking of vehicles,building access or storage.
49 °
50
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1
2
3
4 Sec. 6-149.—Florida Building Code, Existing Building Technical Amendments ass
5
6 (a)Modify Section 503.2 as follows:
7 C'
8 [BS] 503.2 Flood hazard areas. 0
9 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida U—
10 Building Code,Building,or Section R322 of the Florida Building Code,Residential,as applicable,
11 any alteration that constitutes substantial improvement of the existing structure shall comply with U
12 the flood design requirements for new construction, and all aspects of the existing structure shall
13 be brought into compliance with the requirements for new construction for flood design.
a�
14 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida
15 Building Code,Building,or Section R322 of the Florida Building Code,Residential,as applicable,
c�
16 alterations that do not constitute substantial improvement of the existing structure are not
17 required to comply with the flood design requirements for new construction, except any exterior
18 replacement mechanical, plumbing and electrical systems, equipment and components shall be
19 required to be located at or above the base flood elevation identified on the FIRM that was effective 0
20 when the building was originally permitted. If the lowest floor of an existing building is located 0
21 below the base flood elevation identified on the FIRM that was effective when the building C,
22 originally permitted,the replacement mechanical,plumbing and electrical systems, equipment and
23 components shall be located to or above the lowest floor elevation of the buildin& <
24 0
25 (b)Modify Section 701.3 as follows:
26
27 [BS] 701.3 Flood Hazard Areas
28 In flood hazard areas, alterations that constitute substantial improvement shall require that the
0
29 building comply with Section 1612 of the Florida Building Code,Building,or Section R322 of the
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30 Florida Building Code, Residential, as applicable. Alterations that do not constitute substantial 0
31 improvement shall be required to have any exterior replacement mechanical, plumbing and
di
32 electrical systems, equipment and components located at or above the base flood elevation
33 identified on the FIRM that was effective when the building was originally permitted.If the lowest
34 floor of an existing building is located below the base flood elevation identified on the FIRM that
35 was effective when the building originally permitted, the replacement mechanical, plumbing and
36 electrical systems, equipment and components shall be located to or above the lowest floor 0
37 elevation of the building.
38 U
39
40 Section 3. Fiscal Impact Statement. In terms of design, plan application review, 0
41 construction and inspection of buildings and structures, the cost impact as an overall average is U
42 negligible in regard to the local technical amendments because all development has been subject
43 to the requirements of the local floodplain management ordinance adopted for participation in the 0
44 National Flood Insurance Program. In terms of lower potential for flood damage, there will be
45 continued savings and benefits to consumers.
46 E
47 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance
48 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all <
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I applications for development, including building permit applications and subdivision proposals,
2 submitted on or after the effective date of this ordinance.
3
4 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
5 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
6 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe CL
7 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe 0
8 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in U-
9 connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
10 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be U
11 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
12 construction and interpretation shall be entitled to great weight in adversarial administrative
13 proceedings, at trial, bankruptcy, and on appeal.
14
15 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
16 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
17 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
18 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
19 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining C
20 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
CL
21 continue unimpaired in full force and effect.
22
23 Section 7. In recognition that where an extant legislatively approved law is repealed by a
24 subsequent legislative act which substantially reenacts that repealed extant law, the prior
25 legislatively approved law and the subsequent legislative act shall be regarded as one continuous
26 law uninterrupted in its operation, see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see X
27 also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express 0
28 legislative intent and purpose of the BOCC, in relation to or in connection with of subsequent
29 administrative and judicial construction and review of this ordinance and Chapter 6, that all
30 recodified or reenacted provisions of Monroe County Code of Ordinances Chapter 6, which
31 includes those provisions of Chapter 6 unchanged or not substantially modified by this ordinance,
32 shall be deemed to have been in operation continuously from their original enactment whereas the
33 changes or substantial modifications are treated as amendments effective from the time they go
34 into legal effect. 01
35
36 Section 8. Conflicting Provisions. Consonant with Section 7., all ordinances or parts of U
37 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
38 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any 0
39 ordinance which has been repealed thereby. 0
40
41 Section 9. Captions and Paragraph Headings. Captions and paragraph headings, where 0
42 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
43 and intent of the particular paragraph or text to which they refer.
44
45 Section 10. Inclusion in the Monroe County Code of Ordinances. The provisions of this
46 Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe,
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Packet Pg.4848
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I Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform
2 to the uniform marking system of the Code.
3
4 Section 11. Effective Date. This ordinance shall filed with Department of State and shall
5 be effective as provided by Section 125.66(2)(b), Florida Statutes.
6 C,
7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 0
8 Florida, at a regular meeting held on , 2022.
9
10 Mayor David Rice
11 Mayor Pro Tem Craig Cates
12 Commissioner Michelle Coldiron u
13 Commissioner James K. Scholl
14 Commissioner Holly Merrill Raschein
15
16 BOARD OF COUNTY COMMISSIONERS
17 OF MONROE COUNTY, FLORIDA
4-
18 0
19 By:
20 Mayor David Rice 0
21 (SEAL) <
22 ATTEST: KEVIN MADOK, CLERK 0
23 z
24
25 AS DEPUTY CLERK
26 z
i
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0
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2 l JJJJN�i %GG% ////////// ��11111111111111����N�J
3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT qy
7
8 To: Monroe County Board of County Commissioners 2
CL
0
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources c
U-
11
12 Date: November 1, 2022 a
13
14 Subject: AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
15 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY a
16 CODE OF ORDINANCES CHAPTER 6—BUILDINGS AND CONSTRUCTION,
17 ARTICLE II — BUILDING CODE; AMENDMENTS ARE PROPOSED TO
18 UPDATE THE PURPOSE AND SCOPE, ADD DEFINITIONS; ADDRESS THE
19 ADMINISTRATION OF THE BUILDING DEPARTMENT, INCLUDING THE
20 BUILDING OFFICIAL'S AUTHORITY AND DUTIES (INCLUDING THE 0
4-
21 PROVISIONS OF CH. 122 OF THE MONROE COUNTY LAND c
22 DEVELOPMENT CODE (PART II OF THIS CODE) AS THE DESIGNATED c
23 FLOODPLAIN ADMINISTRATOR); UPDATE THE REFERENCES TO THE 0
24 REQUIREMENTS OF THE FLORIDA BUILDING CODE; AND FOR
25 CLARIFICATION AND OTHER PURPOSES; TO ADOPT TECHNICAL 04
26 AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR
27 APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
28 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AMENDMENT to
29 TO AND INCORPORATION IN THE MONROE COUNTY CODE OF to
0
30 ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
31 OF STATE AND FOR AN EFFECTIVE DATE. 0
32
33 Meeting: November 11, 2022
34 co
35 I. REQUEST
36
37 The Monroe County Planning & Environmental Resources Department is proposing amendments to 0
38 Chapter 6 — Buildings And Construction, Article II — Building Code, to be consistent with the Florida U-
39 Building Code (FBC) and to adopt amendments for local higher floodplain standards (amendments to
40 the FBC). to
41
42 In summary, the amendment includes the following: E
43 • Updates the purpose and scope. Adds definitions.
44 • Addresses the administration of the Building Department including the Building Official's
45 authority and duties (including the provisions of Ch. 122 of the Monroe County Land
46 Development Code as the designated Floodplain Administrator).
47 • Updates the references to the Florida Building Code; and for clarification and other purposes.
PC Staff Report Page 1 of 50
File#2019-093
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I Includes Local Technical Amendments to the Florida Building Code (higher floodplain
2 regulatory standards than the FBC).
3 ■ Continues to require FEMA Elevation Certificates
4 ■ Continues to limit the size of enclosures below elevated dwellings (299 square foot
5 enclosure limit)
6 ■ Continues to require a V-Zone and Coastal A Zone Construction Certification Forms
7 ■ Proposes to establish minimum foundation requirements and alternate engineered
8 foundation requirements
9 ■ Proposes to require declarations of land restriction (nonconversion agreements) for a
10 enclosures below elevated buildings c
11 ■ Proposes to require replacement of exterior mechanical,plumbing and electrical systems,
12 equipment and components to be located at or above the base flood elevation identified
13 on the FIRM that was effective when the building was originally permitted
14
15 II. BACKGROUND INFORMATION u
16
17 The National Flood Insurance Program (NFIP) is a federally-subsidized flood damage insurance U
18 program administered by the Federal Emergency Management Agency (FEMA). Residents and business
19 owners are eligible to purchase NFIP flood insurance policies in communities that agree to regulate
20 development in special flood hazard areas. These special flood hazard areas are delineated by FEMA on 0
21 Flood Insurance Rate Maps. 0
22 g
23 The NFIP makes federally-backed flood insurance available in those states and communities that agree 0
24 to adopt and enforce floodplain management ordinances to reduce future flood damage. These
25 regulations must meet or exceed the minimum administrative and technical requirements in the NFIP N
26 regulations (44 CFR Part 59 and Part 60). FEMA administers the NFIP and provides technical assistance LO
27 and training on NFIP requirements and mitigation measures. FEMA also has extensive publications on
28 the NFIP, including detailed guidance on mitigation measures that can minimize or eliminate future U
29 flood damages. U
0
30
31 Floodplain management is a community-based effort to prevent or reduce the risk of flooding, resulting 0
32 in a more resilient community. Per FEMA, meeting NFIP requirements is the most cost-effective way to 0
33 reduce the flood risk to new buildings and infrastructure. FEMA provides tools and resources to help 4--
34 navigate NFIP requirements and implement higher standards of floodplain management.
35
36 Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances,
37 and/or building codes or adopt special purpose floodplain management ordinances. The NFIP 0
38 requirements apply to areas mapped as Special Flood Hazard Areas (SFHA) on Flood Insurance Rate U_
39 Maps (FIRMS) issued by FEMA. The SFHA is the area that would be flooded by the "base flood"
40 (defined as the flood that has a 1 percent chance of occurring in any given year; also known as the "100- U
41 year flood").
42
43 The NFIP requirements include, but are not limited to:
44 • Elevation of new and substantially improved residential structures above the base flood level.
45 • Elevation or dry floodproofing (made watertight) of new or substantially improved non-
46 residential structures.
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1 • Prohibition of development in floodways, the central portion of a riverine floodplain needed to
2 carry deeper and faster moving water.
3 • Additional requirements to protect buildings in coastal areas from the impacts of waves, high
4 velocity, and storm surge.
5
6 FIRMs inform communities about the local flood risk and set minimum floodplain standards for
7 communities to build with safety and resiliency in mind. FIRMS also currently determine the cost of
8 flood insurance and the mandatory purchase requirement. As risks change, insurance premiums also
9 change to reflect those risks, but property owners may be able to reduce premiums if they build their
10 home or business to be safer, higher, and stronger. c
11
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18 hovv,cn'cr, siiace p sk 1�6hig 2.0 does ianip: USC flood xon ics w 3cwi°iu hic upniod iisk, Ghc d SCG.LHH Wffl bC nun616111dy a
19 app he W �.fl Pnip 6CS phi°iinn&IhOLH �hc paoa6p whi , a oni nuunuuaw Y, regatAess n&an1m:hcr phc SpI'UCWIV us hiss do or �
21 4-
0
22
23
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24 The Florida Division of Emergency Management(DEM)serves as the State Coordinating Agency of the c
25 NFIP to work with Florida's municipalities and counties to administer their local flood damage reduction
26 regulations. The State Floodplain Management Program works to promote and ensure sound land use N
27 development in floodplain areas in order to promote the health and safety of the public, minimize loss LO
28 of life and property, and reduce economic losses caused by flood damages.
29 U
30 The State Floodplain Management Office is a unit in the Florida DEM,Bureau of Mitigation. Floodplain 0
31 Management Specialists work with Florida's communities to help them successfully manage
32 development in flood zones. The State Floodplain Management Office provides/offers technical 0
33 assistance to improve administration of local floodplain management ordinances and the flood W
34 provisions of the Florida Building Code and to monitor community performance to ensure compliance 4--
35 with the NFIP development regulations in Special Flood Hazard Areas. LO
36
37 The State Floodplain Management Office also coordinates and collaborates on the following activities: CL
38 • Map Modernization and FEMA Risk MAP priorities 0
39 • Integration of flood-resistant standards into the Florida Building Code U_
40 • Coordination with federal flood mitigation grant programs
41 • Integration of floodplain management concepts and tasks into multi jurisdictional local
42 mitigation strategies developed by counties and municipalities
43 • Participation in maintaining the State Enhanced Hazard Mitigation Plan and planning process
44 • Consultation with State agencies on state-owned facilities in special flood hazard areas
45 • Training of local floodplain managers and building officials, in partnership with the Florida
46 Floodplain Managers Association (FFMA)
47 • Coordination with the Florida Dam Safety Program
48 • Partnerships with federal, state and local organizations pertinent to floodplain management
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I In 2012, State Floodplain Management Office developed a Model Floodplain Management Ordinance
2 for communities,written explicitly to rely on the flood provisions in the Florida Building Code. FEMA
3 approved the Model Floodplain Management Ordinance in 2013.
4
5 Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the
6 minimum NFIP requirements for buildings and structures. Nearly all Florida communities administer
7 local floodplain management ordinances that are written to rely on the FBC to meet the NFIP
8 requirements.
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9
10 Over the past 10 years,DEM has worked with nearly all of Florida's 468 NFIP communities to transition 2
11 to the Model Floodplain Management Ordinance, providing assistance, to tailor the model as
12 appropriate for each community. At this time, 10 communities, including Monroe County, are still
13 preparing the required amendments to their existing regulations.
14
15 Amendments to Chapter 6 and the County's Floodplain Management Ordinance (Ch. 122 of the Land u
16 Development Code) are necessary to be consistent with FEMA provisions, incorporate DEM's Model
17 Floodplain Management Ordinance and to continue to fulfill the NFIP requirements. Additionally,the
18 update will allow the County to continue to meet and improve the requirements and activities of the
19 Community Rating System.
20 0
4-
21 c
22 g
23 The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages 0
24 communities to establish sound programs that recognize and encourage floodplain management <
25 activities that exceed the minimum NFIP requirements. By conducting mitigation and outreach activities N
26 that increase safety and resilience, including CRS credits for regulating to higher standards,communities
LO
27 can earn credits and discounts(up to 45 percent within the Special Flood Hazard Area)on flood insurance 17
28 premiums for property owners. c-
29 U
30 In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk
31 resulting from the community's efforts that address the three goals of the program: 0
32 1. Reduce and avoid flood damage to insurable property
33 2. Strengthen and support the insurance aspects of the National Flood Insurance Program ;
34 3. Foster comprehensive floodplain management
35
36 A community accrues points to improve its CRS Class rating and receive increasingly higher discounts. CL
37 0
38 The CRS uses a Class rating system that is similar to fire insurance rating to determine flood insurance -
39 premium reductions for residents. CRS Classes are rated from 9 to 1. Today, most communities enter
40 the program at a CRS Class 9 or Class 8 rating, which entitles residents in Special Flood Hazard Areas U
41 (SFHAs) to a 5% discount on their flood insurance premiums for a Class 9 or a 10% discount for Class
42 8. As a community engages in additional mitigation activities, its residents become eligible for increased
43 NFIP policy premium discounts. Each CRS Class improvement produces a 5% greater discount on flood U
44 insurance premiums for properties in the SFHA. CRS Class changes occur on April 1 and October 1 of
45 each year.
46
47 Monroe County has achieved a Class 3 rating in the CRS, which provides a 35% discount on flood
48 insurance premiums and in April 2022, will increase annual savings for 14,400 policyholders in
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I unincorporated Monroe County to $7.5 million dollars annually. This is an annual average savings per
2 policyholder of$522. Cumulatively to date, Monroe County has saved policyholders over $24 million.
3
Avg 5a i �8s Total Savings a�° CRS cl � ,� �q 'a���au�r�t 914�"Ply �� i�ul Cumulative SUBS U)
12LAt201911class 251% 15,135,345 1 1 �
IL/1 2 1 class 5/25 s s,135,2455 $1 Wo S,60S CL
; d VS ;5% L
93,27
'GR,AND"DOTAL W
11 c - / CRS class / 5" $S22 1 $7,542,2681 $34,66 ,59S
R��i�,➢�ria �a��,i 4u,"�i�aqum�mom a „,tt u�d � �lo- Wra�er °, Z3
4 �
5
6 Class 5 or better communities go through the full verification process every 3 years, and Monroe
7 County's next verification is anticipated in 2023. For CRS purposes, FEMA and the FEMA CRS
8 contractor(ISO/Verisk)rely on DEM to advise whether local regulations are compliant. It is critical for
9 DEM to deem the County's Floodplain Management Ordinance compliant in the future. 0
10 0
11
12 C.
13 FEMA Flood Maps
14 �~
15 On December 27, 2019, FEMA issued Preliminary Flood Insurance Rate Maps (FIRMS) and a Flood
LO
16 Insurance Study (FIS) report for Monroe County, FL. The preliminary FIRMS were released after a
17 multi-year study of Monroe County's coastal flood risks. The current County FIRMS are based on 30-
18 plus-year-old studies. U
19 0
M
20 The Preliminary FIRMS can be viewed here: hqps://www.monroecouniy-fl.gov/1 15 I/New-Prehminary �
21 Coastal-Flood-Maps.
22
23 Coastal Flood Maps, otherwise known as Flood Insurance Rate Maps (FIRMS)are used to determine the
24 minimum elevation needed for construction to reduce the chances of flooding, as well as construction
25 methods required in certain zones.
26
0
27 The County hired a consultant, Woods Hole Group, to analyze how flood risks are changing in c
28 Unincorporated Monroe County based on the FEMA provided studies using updated information and
29 the best available science and technology.
30
31 During the week of January 27, 2020, FEMA held community meetings throughout the Florida Keys
32 offering the public an opportunity to view and comment on the proposed preliminary FIRMS. Following
33 this, Monroe County,through its consultant, examined the maps and the accompanying Flood Insurance
34 Studies.
d
35
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I The consultant, Woods Hole Group, completed a review of FEMA's December 2019 RiskMap study for
2 Monroe County. The review identified the following primary areas of concern identified with FEMA's
3 Risk Map study:
4 1) Storm Climatology and Selection for Florida Keys,
5 2) Statistical Analysis of Storm Sets, Low-Frequency Water Levels and Waves,
6 3) Wave Model Validation,
7 4) Hydrodynamic/Wave Model Mesh Resolution,
8 5) Hydrodynamic/Wave Model Parameterization of Reefs, and
9 6)Number and Location of Coastal Transects.
10 2
11 These areas of concern were identified because of (a) the use of a non-standard approach, (b)
12 inconsistencies in methodology with other FEMA Coastal Risk Map studies, (c) discrepancies between
13 the study's documentation and the analyses, or (d) errors made in the analysis.
14
15 Information on the consultant's review can accessed here: hM2s://www.monroecouniy-fl.gov/1151/New- u
16 Preliminary-Coastal-Flood-Maps.
17
18 FEMA issued the required notices in the Federal Register and local newspapers for the FIRMS and a M
19 Flood Insurance Study (FIS) report for Monroe County, FL. The 90-day appeal period for Monroe
20 County commenced on March 19, 2021 and ended on June 17, 2021. 0
4-
21 c
22 Monroe County submitted its appeal of the preliminary FEMA Flood Insurance Rate Maps and Flood
23 Insurance Study on June 11, 2021. The appeal is ongoing. 0
24
25 Once FEMA reviews and processes all appeals, the agency will issue a Letter of Final Determination N
26 (LFD)and publish the final FIRMS. The County anticipates the appeal process may take until December
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27 2022 to complete and, if necessary, the Scientific Resolution Panel may process may take until 2024 to
28 complete.
APPEAL PROCESS MAP U
TIMELINE ADOPTION 0
May April APPEAL 2021 2022 De ml er 0
2022 C:L
dl
SRP PROCESS SAP
TIMELINEADOPTION
�„ .w lay.'ry wre7i�uu�n,bM1�xi.11� ate.+
June
r
SRP 2022F22Y3 J oluuarg _
29 " au9 2P2 G�
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30
31 The County anticipates the Final FIRMS will most likely become effective sometime in 2022-2024.
32 When FEMA issues a Letter of Final Determination(LFD),which is a letter to the County that the
33 updated FIRM will become effective in 6 months,the County must formally adopt the FIRMs and U
34 must adopt a compliant floodplain management ordinance by the map effective date to remain a
35 participant in good standing in the NFIP. E
36
37 Along with the adoption of the Final FIRMs, the County will need make updates to both the
38 Comprehensive Plan and Land Development Code and Code or Ordinances to adopt and implement the
39 maps and ensure compliance with the DEM Model Floodplain Ordinance. The County must begin
40 processing County amendments to the Comprehensive Plan and Land Development Code in
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I advance, due to the County's public noticing and meeting requirements as well as the required
2 State review and approval process for Areas of Critical State Concerns, to meet the 6-month
3 deadline.
4
5 Additionally, when the Final FIRMS are effective, the County will use the FIRMS to review building
6 permits; establish what a finished floor elevation needs to be and determine building and site design
7 requirements to reduce future risk of flooding. New lender requirements may go into effect along with
8 flood insurance requirements, as well as changes in flood insurance rates as a result of map changes.
9 'a
10 It should be noted that the County's proposed amendments to Ch. 122 of the Land Development 2
11 Code(the County's Floodplain Management Ordinance)do not"automatically adopt"any revised
12 FIS and/or FIRMs when FEMA issues the Final effective products. The County will have to take
13 legislative action when the LFD is issued to formally adopt the FIRMs, FIS and any other
14 necessary amendments to ensure a compliant floodplain management ordinance (i.e. update the
15 date reference within the Code).
16
17 In summary, the County is proposing the following connected amendments:
18
19 • Update Land Development Code Chapter 122 to be consistent with the State of Florida (DEM)
20 Model Floodplain Management Ordinance, include updated FEMA policies, explicitly to rely on 0
4-
21 the flood provisions in the Florida Building Code and to eliminate obsolete or unnecessary c
22 regulations. g
23 o Amendments does not include any updated FIRM maps. Maintains the 2005 FIRMs. 0
24 o Amendments to Land Development Code Chapter 122 are critical for DEM to deem the <
25 County's Floodplain Management Ordinance compliant with NFIP requirements and for N
26 the County's next CRS verification. LO
17
27 • Update Code of Ordinances Chapter 6 to be consistent with the Florida Building Code and adopt
28 amendments for local higher floodplain standards, including: U
29 o Shifting local higher floodplain standards from Chapter 122 to Chapter 6 (for example: U
30 299SF downstairs enclosure limitation and foundation requirements [anchoring to rock]).
31 o Including technical amendments to the Florida Building Code for additional local higher 0
32 floodplain standards (for example: elevation certificate requirements).
33 o Amendments to Code of Ordinances Chapter 6 are critical for DEM to deem the County's 4--
34 Floodplain Management Ordinance compliant with NFIP requirement and for the
35 County's next CRS verification.
36 • Amend the Comprehensive Plan and Land Development Code to provide for an increase to the
37 maximum height of residential buildings,which would be available on the adoption and effective 0
38 date of updated FEMA Flood Insurance Rate Maps. U-
39 o The County is considering a maximum height limit of 40 feet(up to a maximum of five
40 (5) feet above the 35-foot height limit) in order to elevate to or maintain the required U
41 elevation based on the Florida Building Code.Revisions shall not result in a new building
42 or a substantially improved building or a lawfully existing building to exceed a maximum E
43 height of 40 feet.
44 o Amendment intended to address additional difference in elevation due to a change in the
45 updated FIRMs requiring the use of North American Vertical Datum of 1988 or NAVD88
46 (on average there is -1.5 foot conversion), potential increased base flood elevation
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I requirements with the updated FIRM maps, and changes in construction requirements
2 based on revised base flood elevations.
3 • Amend Land Development Code Chapter 138 to require aplicants to submit plan revisions to
4 prior to permit issuance, demonstrating full compliance with the current Florida Building Code
5 and the updated FIRM maps, for permits requiring an ROGO/NROGO allocation.
6 o Establishing that all applications in or entering into the ROGO system on or after the
7 effective date of the updated FIRMS, shall have the application scores reevaluated and
8 updated based on the updated FIRMS.
9 0
10
11 On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with
12 maximum sustained winds of 130 mph and flooding occurred in various neighborhoods. Hurricane Irma
13 caused significant damage throughout the Florida Keys, particularly to structures built prior to the
14 upgraded Florida Building Code adopted after Hurricane Andrew, to non-elevated structures and to
15 mobile homes. u
16
17 To provide additional protection to residents that reside in mobile homes in flood hazard areas, reduce
18 the repeated impacts by flooding, and enhance public health, safety and welfare, the County already
19 adopted an amendment to eliminate the ability for a mobile home to be placed at an elevation below base
20 flood elevation. 0
4-
21 c
22 Further, the County has embarked on proactively assisting property owners with voluntary elevations 2
23 through FEMA funded grant programs. Property owners may self-fund improvements to their homes to 0
24 elevate above base flood levels and there may be additional funding opportunities with the County <
25 participating in several grant programs to provide for the mitigation of flood risks, such as: N
26 • FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measuresLO
27 • Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk of 17
28 flood damage t_
29 • Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes U
30
31 When participating in some of these grant programs for elevation projects, the Florida Division of 0
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32 Emergency Management(DEM) is encouraging at least three feet above Base Flood Elevation (a 3-foot
33 freeboard for residential buildings and structures). The grant scope of work reviews and the County's ;
34 ongoing efforts to utilize these grant programs, including the additional elevation, further facilitates
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35 reducing the risk of future damage, hardship, loss, or flood damage within the community.
36 C,
37 c
38 The sub'ect o this sta re ort is the ro osed amendment to a date Code o Ordinances Cha ter 6 _
1 f ff P P P P f P
39 —Buildings and Construction,Article H—Building Code, to be consistent with the Florida Building
40 Code (FBC) and to adopt amendments for local higher floodplain standards (amendments to the U
41 FBC).
42
43
44
45 Community Meeting and Public Participation
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I In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on December 2, 2021,
2 at 5:05pm, to provide for public input. There were six (6) attendees and five (5) County staff members.
3 In general, the comments provided for the proposed amendment, are summarized below:
4 • Question regarding substantial improvements and the scenario/types of improvements that
5 required elevation to the new design flood.
6 • Concerns regarding requiring 3ft of freeboard and this requiring a substantial number of 0
7 properties to be reviewed for substantial improvement/substantial damage concerns.
8 • Question of how the 35% insurance discount, derived from CRS participation, is applied.
9 • Question regarding the establishment of buoyancy calculation requirements for swimming pools
10 (note, this is not related to any proposed amendment). U_
11 • Question regarding the 299ft enclosure limit requirement.
12 U
13 A supplemental Community Meeting was held on January 20, 2022, at 3:00pm, to provide for public
14 input. There were six(6) attendees and 10 County staff members. In general,the comments provided for
15 the proposed amendment, are summarized below:
16 • Question regarding swimming pool designs under houses(note,this is not related to any proposed
a�
17 amendment).
18 • Question regarding fill in a V zone and about shoreline protection features and altering shorelines
19 in a V zone.
20 -
21 A second supplemental Community Meeting was held on February 3, 2022, at 5:05pm, to provide for a
22 public input. There were four(4) attendees and five (5) County staff members. In general, the comments
23 provided for the proposed amendment, are summarized below: ,0
24 • A comment on the proposed foundation requirements in Ch. 6 to modify"geotechnical engineer"
25 to "a licensed engineer" and question regarding the source of the "minimum embedment of 3 N
26 feet" requirement. LO
27 • Comments regarding maintaining the 299ft enclosure limit requirement. V_
28 • Comments regarding at-grade pool requirements (note, this is not related to any proposed U
29 amendment). 0
ao
30
31 Previous County Action C
32 Ordinance 002-1973, platting regulations which included minimum floor elevations for structures, adopted in
33 1973. Based on this ordinance, FEMA considers June 15, 1973, the effective date of the initial floodplain
34 management regulations of Monroe County. �
35
36 Ordinance 002-1974, amending Ordinance 02-1973, adopted June 18, 1974. C.
37 c
38 Ordinance 003-1975, adopting floodplain management provisions, adopted March 25, 1975.
39
40 Ordinance 008-1977, amending Ordinance 03-1975, adopted March 22, 1977. U
41
42 Ordinance 012-1979, requiring that in all cases where deed restrictions of record authorize the first floor of
43 buildings to be at a height which is lower than the building height required by the flood ordinance; the first floor
44 elevation required by the flood ordinance shall become the maximum elevation permissible for the first floor of
45 all structures in said residential subdivisions, adopted May 22, 1979.
46
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| Ordbumuu 838-1083, creaLbs, Fkxzd Hazard [)ieL6ct [)uvukzpmuo1 prmvk�mne 161- duvubpmuo1 wdbin areas Of
2 spe6..d flood hazards, w4hin Chapter 6, BuHdbgs and Construc6on' Of the Monroe County Code 01'01-dbanccs'
3 adopted Nmvucohur23, ]083.
4
5 Ordinumuu885-]084, azounding Ordinanuu838-]083, adopted January ], 1084�
6
7 Ordinance 033'|986—adopting the |986 Comprehensive and Land Development Regulations,including Division =
8 6,F|oodn|uin Management Standards, containing requirements forfloorc|cvudonundfloodnroofingocrdfioudon,
9 2|-day establishment of floor elevation and floodnroofing ocrdfioudon,the flood insurance study ofDecember |,
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10 1983 and the flood maps, standards for issuing permits and a 299sf enclosure limit, adopted October 3, 1986.
|| .2
U_
12 Ordinance 014'1988, amending the floodn|uin management provisions, adopted February 16, 1988.
|3
14 Oniinunoc0|5'|989,amending the floodn|uin management provisions and adopting the special flood hazard areas U
15 identified by the flood insurance study of December 1, 1983 or the most current[flood] maps approved by FEMA
16 ooupm, adopted June 6, 1989.
|7 E
18 Ordinance 015'1990, amending the floodn|uin management provisions, including manufactured homes to be �
19 p|uocd on 36 inch piers, and the mpcoid flood hazard urcum identified by the flood insurance study of October 17,
20 1989 or the most current [flood] ooupm approved by FEMA ooupm, adopted April 18, 1990.
2| -�
0
22 Ordinance 002'1994 amending the �oodn|uinmunu�cmcrdpu�vimionm adopted |8 |994
, -, , , . 4�
23
24 Ordinance 039'2000, amending the floodn|uinoounugcoocn{provisions, adopted July 26, 2000.
25 CL
26 Resolution 000-2002, committing to implementation of the Inspection Procedure (FENI& developed Pilot
27 inspection procedure) for the reinediation of non-compliant buildings and preparation of a remedial plan, adopted ~~
28 February 13, 2002. rw
29 *m
�
30 Resolution 115-2002, approving the County developed Flood Insurance and Inspection and Compliance
31 Implementation Plan, including the downstairs enclosure compliance program, and transmittal to FENIA,adopted
32 March 20, 2002. 0
�
33
34 Resolution V07-2ww2, approving orevised Flood Insurance and Inspection and Compliance Implementation Plan,
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35 addressing structures moom: than 4-yeara old, and transmittal koFENI&, adopted April 17, 2002. 0
36 —
37 Resolution 397-2002, adopting a plan and procedures for authorizing a time extension for eligible non-compliant �0
38 structures used for affordable housing, adopted September- V0, 2ww2.
39
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40 Resolution 152-2003, approving o revised implementation p|om for the Flood Insurance and Inspection and
41 Compliance Program (Remedial P|om), adopted April 14, 2003. 0
�
42
w
43 Ordinance 037'2003, reorganizing and amending thc �oodn|uin management provisions to address the Monroe'44 County Flood Insurance and Inspection and Compliance Program approved by FEMA,adopted October 15,2003. U
45
46 Ordinance 005'2004, amending the c|cokiou| and oocohuniod equipment m{undunim for immounoc of building
47 permits in areas of special flood hazards, adopted February |8, 2004.
48
�
49 Ordinance 025-2004 amending the enclosed area standards for issuance of building permits in areas of special
50 flood hazards, adopted August|8,2004.
5|
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I Ordinance 001-2009, reorganizing and re-codifying the County Code, consisting of Chapters I through 146
2 (removing reference to Code Section 9.5), adopted January 28, 2009.
3
4 Resolution 440-2011, approving a 2011 implementation plan for the Flood Insurance and Inspection and
5 Compliance Program (Remedial Plan), maintaining regulations adopted pursuant to Resolution 152-2003 and
6 direction to create the certificate of compliance program, adopted on December- 14, 2011.
7
8 Ordinance 0 10-2012, amending the floodplain management provisions and creating Section 112-7 the Floodplain
9 Certificate of Compliance Program, including the requirement for non-conversion agreements, adopted May 16,
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10 2012. 'a
0
U_
12 Ordinance 015-2012, amending the floodplain management provisions, including specific reference to the areas
13 of special flood hazard identified by the FEMA February 18, 2005 [flood] maps, and creating Section 122-8 the
14 Permit Referral Process (PRP), as a result of the 2011 Settlement Agreement for a 1990 lawsuit against FEMA U
15 claiming lack of consultation with USFWS pursuant to the Endangered Species Act, adopted June 20, 2012. S
16
17 Ordinance 043-2013, amending the floodplain management provisions Section 122-2(b)3, the basis for E
18 establishing special flood hazard maps, species assessment guides (SAGS) for the Permit Referral Process (PRP)
19 determinations,providing a new date for the revised Species Assessment Guides, adopted October 16, 2013.
20
21 Resolution 193-2014, approving a 2014 implementation plan for the Flood Insurance and Inspection and
22 Compliance Program (Remedial Plan), maintaining the inspection on transfer-, 299SF enclosure maximum, 04-
23 certificate of compliance program, existing Ch. 122 regulations(to be compliant with federal regulations) and the 0
C
24 inadverient observation of illegal structures below BFE, and documenting the Pilot Inspection Procedure .2
25 concluded July 1, 2013, adopted August 20, 2014. CL
0
26 'a
27 Resolution 223-2015, adopting FEMA Technical Bulletin 0 User's Guide, dated March 2009, adopted S
C14
28 September 16,2015.
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29
30 Resolution 224-2015, adopting FEMA Technical Bulletin I Openings in Foundation Walls and Walls of
31 Enclosures, dated August 2008, adopted September 16, 2015. L)
L)
32 0
33 Resolution 225-2015, adopting FEMA Technical Bulletin 2 Flood Darnape.-Resistant Materials Requirements,
34 dated August 2008, adopted September 16, 2015. 0
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35
36 Resolution 226-2015, adopting FEMA Technical Bulletin 3 Nonresidential Floodproofing Requirements and
37 Cerlification, dated April 1993, adopted September 16, 2015.
38
39 Resolution 227-2015, adopting FEMA Technical Bulletin 4 Elevator- Installation, dated November 2010, .2
40 adopt CLed September 16, 2015. 'a
0
41 0
42 Resolution 228-2015, adopting FEMA Technical Bulletin 5 Free-of-Obstruction Requirements, dated August U_
43 2008, adopted September 16, 2015.
44
L)
45 Resolution 229-2015, adopting FEMA Technical Bulletin 6 Below-Grade Parking Requirements, dated April
46 1993, adopted September 16, 2015. E
47
48 Resolution 230-2015, adopting FEMA Technical Bulletin 7 Wet Flood proofing Requirements, dared December
49 1993, adopted September 16, 2015.
50
51 Resolution 231-2015, adopting FEMA Technical Bulletin 8 Corrosion Protection for Metal Connectors in
52 Coastal Areas, dated August 1996, adopted September 16, 2015.
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1
2 Resolution 232...2015, adopting FEMA Technical Bulletin 9 Design and Construction Guidance for Breakaway
3 Walls, dated August 2008, adopted September 16, 2015.
4
5 Resolution 233...2015, adopting FEMA Technical Bulletin 10 Ensuring that Structures Built on Fill in or near.
6 Special Flood Hazard Areas are Reasonably Safe from Flooding, dated May 2001, adopted September 16,2015.
7
8 Resolution 234...2015, adopting FEMA Technical Bulletin 11 Crawlspace Construction, dated November 2001,
9 adopted September 16, 2015.
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10 'a
0
11 Resolution 240...2015,adopting FEMA Technical Bulletin 467...1 Elevation Certificate, dated May 2004,adopted .2
U-
12 September 16,2015.
13
14 Resolution 241...2015, adopting Florida Division of Emergency Management Technical Topic Guidance for U
15 Pools and Outdoor 1�,'-itchens/Bars in Flood Hazard Areas, dated November 2010, adopted September 16, 2015. S
16
17 Resolution 242...2015, adopting the Monroe County Elevation Certificate Review Process, dated October 1, 2015, E
18 adopted September 16, 2015.
19
20 Resolution 243...2015, adopting the Monroe County Floodproofing Nonresidential Structures Permitting and
21 Inspection Requirements, dated October 1,2015, adopted September 16, 2015. '10
0
22 4-
23 Resolution 244...2015, adopting the Monroe County Pool and Cistern and Accessory Equipment Location in 0
24 Special Flood Hazard Areas Policy, dated October 1, 2015, adopted September 16, 2015.
25
0
26 Resolution 245...2015, adopting the Monroe County Substantial Improvement or Substantial Darnape (5010 Rule) 'a
27 Application and Affidavit Policy, dated October 1,2015, adopted September 16, 2015. CN
28
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29 Resolution 246...2015,adopting the Monroe County V.--Zone Cerlification and Calculations Documentation Policy,
30 dated October 1, 2015, adopted September 16, 2015.
31 U
U
32 Ordinance 006-2016, adopting the updated Land Development Code, implementing the 2030 Comprehensive 0
33 Plan, maintaining Chapter 122, the floodplain management provisions and amending the floodplain variances
34 procedure to be conducted by the Division of Administrative Hearings (DOAH), adopted April 13, 2016. 0
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35
36 Ordinance 024-2017, amending the standards for issuance of building permits in areas of special flood hazards,
37 adopted November 14,2017.
38
39 Resolution 254-2019, adopting FEMA Technical Bulletin 0 User's Guide,dated July 2019,adopted September .2
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40 18, 2019. 'a
0
41 0
42 Resolution 255...2019, adopting FEMA Technical Bulletin 4 Elevator Installation, dated June 2019, adopted U-
43 September 18,2019.
44 U
45 Resolution 256...2019, adopting FEMA Technical Bulletin 8 Corrosion Protection for Metal Connectors in
46 Coastal Areas, dated June 2019, adopted September 18, 2019. E
47
48 Ordinance 021-2020, amending Section 122-4(b)(4) to eliminate the ability for a manufactured/mobile home to
49 be placed at an elevation below base flood elevation, adopted on July 15, 2020.
50
51 Resolution 440...2021, adopting FEMA Technical Bulletin 9 "Design and Construction Guidance for Breakaway
52 Walls Below Elevated Coastal Buildings"dated September 2021, adopted on November 17, 2021.
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1 III. PROPOSED AMENDMENTS
2
3 Proposed Amendments are shown with deletions st+i kef t4-e and additions are t,videfline-d..
4
5 Chapter 6 -BUILDINGS AND CONSTRUCTION
6
7 Sec. 6-1. -Moving of buildings.
8 When any building is moved from any location within or from without the county, to any location
9 within the unincorporated area of the county, the building shall immediately be made to conform to all 0
10 provisions of the standard building code and the zoning ordinance of the county. The persons causing U-
11 the building to be moved shall secure a building permit from the building department and shall post a
12 performance bond of $1,000.00, conditioned upon the building being made to conform to all codes of U
13 the county and this chapter, within six months from the date of issuance of the permits; the bond to be
14 returned when all work has been completed in accordance therewith.
15
16 Sec. 6-2. - Construction trailers. as
c�
17 A special permit may be granted for the placement of a construction trailer on a site where
18 construction is being done, provided no human habitation shall be allowed therein, and the applicant
19 furnishes the building department with an affidavit stating that such permit does not violate deed 0
20 restrictions in the subdivision in which the trailer is to be placed. Such permit shall be for a duration of 0
21 up to 120 days. If conditions so warrant, then one extension may be granted by the planning director.
22 Any further extensions may be granted by the planning commission upon good cause shown. C
23
24 N
25 Sec. 6-3. - Temporary construction staging areas.
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26 A special permit may be granted by resolution by the board of county commissioners (BOCC) to
27 allow a property to be used as a construction staging area for an off-site project. The BOCC shall hold a
28 public hearing on the request for a temporary construction staging area and shall issue a resolution U
29 granting, granting with conditions or denying the request. The resolution shall take effect on the date of M
30 enactment by the BOCC. �
31 (a) Applicability. A temporary construction staging area for an off-site project is a permitted
32 activity in any land use (zoning) district,provided it is approved by a special permit and meets ;
33 the criteria set forth in this section. This special permit shall approve the temporary construction
34 staging area location and use and shall not override or substitute for any other provision of the E=
35 Florida Building Code and Monroe County Code that require an additional type of building 2
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36 permit, certification or approval_ 0
37 (b) Criteria. Approval of such a special permit shall be granted only if the following criteria are
38 met:
39 (1) The temporary construction staging area shall serve a project being carried out in the U
40 vicinity of the construction staging area;
41 (2) The temporary construction staging area shall serve a project being carried out by a
42 governmental agency;
43 (3) The temporary construction staging area shall not be located in a tier I designated area,
44 (4) The property subject to the request shall be posted and surrounding property owners
45 within 300 feet shall be notified in writing at least 15 days prior to the BOCC public
46 hearing,with the notice located so it shall be easily visible from all public streets and public
47 ways abutting the property;
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1 (5) Prior to establishment of the temporary construction staging area, a special building
2 permit approving any associated temporary structure shall be issued in accordance with
3 section 6-112;
4 (6) No clearing or filling shall occur to accommodate the temporary construction staging
5 area;
6 (7) Other than fencing, no temporary structure associated with a temporary construction
7 staging area shall be located in any required setback, unless the BOCC determines the
8 temporary construction staging may occur temporarily within the setbacks to alleviate
9 increased public expenses; avoid threats to public health and safety; or the project work a
10 cannot be readily performed otherwise; and c
11 (8) The temporary construction staging area shall be compatible with existing uses on
12 surrounding properties, as determined by the BOCC. If necessary, prior to issuance of a
13 special permit allowing the temporary construction staging area, the BOCC may attach
14 conditions to any special permit approval to a) avoid substantial harm to public health or
15 safety; b) avoid substantial harm to, or impairment of the normal use of, a public place; u
16 and/or c) avoid substantial harm to the environment. Depending on the nature and
17 anticipated duration of the use, as a condition of approval to the special permit, the board
18 reserves the right to:
19 a. Provide a deadline for termination of the construction staging area;
20 b. Limit the hours of operation; 0
4-
21 c. Limit the type of equipment and materials on the site; c
22 d. Require fencing, landscaping and/or other screening to limit potential visual and noise 2
23 impacts of the use on adjacent property owners; 0
24 e. Provide for temporary setback variances to allow construction staging to occur <
25 temporarily within the setbacks,provided the adjacent property owners submit letters N
26 of no objections to the temporary variance; and
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27 f. Require surface water management improvements to the affected site; and 17
28 (9) The property shall be restored to its prior condition t-
29 U
30 Secs. 6-4-6-1442—. -Reserved.
31 0
32 ARTICLE IL -BUILDING CODE
33 DIVISION 1. - GENERALLY
34
35 Sec. 6-15 Purpose. The purpose of this chapter shall be interpreted cumulatively with its intent, and 9=
36 shall be taken into account, granted substantial weight, and guide all interpretations and constructions of 2
37 this article. The purpose of this chapter is to govern the administration and enforcement of the Florida 0
38 BuildinZ Code and associated technical construction standards and regulation within the unincorporated
39 limits of the county. The Board of County Commissioners legislatively finds that the purposes and intent
40 of this article are to safeguard the public health, safety, and general welfare. All interpretations of this U
41 article shall in all proceedings and cases further, rather than impair, limit, restrict, or obstruct, the
42 purposes of this article.
43
44 Sec. 6-16. Scope. The Florida BuildiLg Code shall be applicable to and govern all buildings and
45 structures, and parts and portions thereof, and all devices and safeguards thereto, within the
46 unincorporated limits of the county, except as specifically exempted under state statutes.
47
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I Sec. 6-17 Intent. The intent of this article shall be interpreted cumulatively with its purpose, and shall
2 be taken into account, granted substantial weight, and guide all interpretations and constructions of this
3 article. It is the intent of the Board of County Commissioners that the provisions and requirements of
4 this article be strictly adhered to, and to accomplish the purposes of this article.
5
6 Sec. 6-18 Construction and Interpretation. In the interpretation and application of this article, all
7 provisions herein shall be considered as minimum requirements and shall not be deemed to forfeit,
8 waive, eliminate, limit, condition, qualify, or repeal any other powers granted to the Counly pursuant to
9 Florida law. This article, being in the interest of the public health, safety, and welfare, and being 'a
10 necessary to safeguard and ensure the public health, safety, and welfare, shall be liberally construed to c
11 effect the intent and purposes hereof,and interpretation and construction of this article shall be construed
12 in favor of Monroe County and such construction and interpretation shall be entitled to great weight in
13 adversarial administrative proceedings, at trial, and on appeal. U
14
15 Sec. 6-19 Administrative Deference. The Board of County Commissioners legislatively finds that the u
16 construction of this article by the primary county department or office charged with its administration,
17 the County Building Department, shall be leery entitled to deference and great weight in adversarial
18 administrative proceedings, at trial, and on appeal, and that such administrative interpretations should
19 not be modified or overturned by an administrative hearing officer or court of competent jurisdiction
20 unless clearly erroneous. If such administrative staff interpretation is within the range of possible and 0
21 reasonable interpretations, it is not clearly erroneous and should be affirmed. c
22 g
23 Sec. 6-20 Effect of State and Federal Laws. If a state or federal law, whether existing at the time of 0
24 this article's effective date or enacted after its effective date,which is applicable to and limits,prohibits,
25 restricts,conditions,or qualifies the meaning,effectiveness, or operation of any provision or requirement N
26 herein, such provision or requirement of this article shall be interpreted, administered, and enforced to
27 the maximum extent permitted by law. 17
It-
28 U
29 Sec. 6-21 No Waiver or Estoppel. The County's delay or failure to enforce any provision contained in U
30 this article,however long continued, shall not be deemed a waiver or estoppel of the right for the County_ M
31 to enforce this article at any time thereafter. �
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32
33 Sec. 6-22 Severabili , . If any provision of this article, or any portion thereof, is held to be invalid or
34 unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity or
35 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the operation,
36 enforceability, or validity of any remaining portion(s) thereof, or of any other provision of this article. CL
37 All remaining portion(s)thereof and all other provisions of this article shall continue unimpaired in full 0
38 force and effect. 0
0
39
40 U
41 Sec. 6-23. -Definitions.
42 The following words, terms and phrases, when used in this article, shall be, except as specifically
43 provided otherwise herein, the same as they have been defined in the Florida Building Code or, if not
44 defined by the Florida Building Code, then the same as defined in the Monroe County Land
45 Development Code (part 11 of this Code), or, if neither defined by the Florida Building Code nor by the
46 Land Development Code, shall have such ordinarily accepted meaning as its context and the context of
47 its provision's structural placement imply. The following words, phrases, and terms shall have the
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I following specific definitions as used herein
2 eptwhere too me*t,lea-ly indi,4es a diffe,o„�
3 Abandon or abandonment means:
4 (1) Termination of a construction project by a contractor without just cause or proper notification
5 to the owner including the reason for termination;
6 (2) Failure of a contractor to perform work without just cause for 90 days; or
7 (3) Failure to obtain an approved inspection within 180 days from the previous approved
8 inspection.
9
10 2
11
12
13
14
15 Authorized agent means a person specifically authorized by the holder of a certificate of competency u
16 to obtain permits in his or her stead.
17 Building means any structure used or intended for supporting or sheltering any use or occupancy.
18 Building component means an element or assembly of elements integral to or part of a building.
19 Building Ofcial means the officer or other designated authority charged with the administration
20 and enforcement of the Florida Building Code and this code, or a duly authorized representative. 0
4-
21 Building shell means the structural components that completely enclose a building, including, but c
22 not limited to, the foundation, structural frame, floor slabs, exterior walls and roof system.
23 Building system means a functionally related group of elements,components and/or equipment,such 0
24 as, but not limited to, the electrical,plumbing and mechanical systems of a building. <
25 Certificate of competency (certificate) means an official document evidencing that a person is N
26 qualified to engage in the business of contracting, subcontracting or the work of a specific trade.
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27 Certificate of experience means an official document evidencing that an applicant has satisfied the 17
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28 work experience requirements for a certificate of competency. t-
29 Certificate of occupancy (CO) means an official document evidencing that a building satisfies the U
30 work requirements of the county for the occupancy of a building. ao
31 Certification means the act or process of obtaining a certificate of competency from the state through 0
32 the review of the applicant's experience and financial responsibility as well as successful passage of an 0
33 examination. ;
34 Certified contractor means any contractor who possesses a certificate of competency issued by the
35 department of professional regulation of the state.
36 Change of occupancy means a change from one building code occupancy classification or sub- CL
37 classification to another. This includes,but is not limited to, a change of use within an occupancy grou. 0
38 Commercial building means any building, structure, improvement or accessory thereto, other than U_
39 a one- or two-family dwelling.
40 U
41 de*e te a bttildi*g or-stfaettir-e eit4er-a+ e*e time or- a+differ-e*t times wit4i* a speeified period Of time.
42 Demolition means the act of razing, dismantling or removal of a building or structure, or portion
43 thereof, to the ground level.
44 Examination means an exam prepared,proctored and graded by a recognized testing agency unless
45 otherwise implied in context or specifically stated otherwise.
46 Erodible Soils mean soil subject to wearing away and movement due to the effects of wind, water,
47 or other _geological_ processes during a flood or storm or over a period of y_ processes during a flood or storm or over a period of years.
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I Fair market value, commercial, means the total cost of materials plus labor costs. The total cost of
2 labor and materials shall be as indicated on a sworn professional actual cost breakdown, such as the
3 original or a notarized copy of an original_ invoice of an arm's-length transaction; or, an estimate from a
4 licensed contractor, or if no such invoice is available, the labor and materials shall be as calculated
5 pursuant to the most recent edition of Means Construction Data or the ICC/Construction Costs Valuation
6 manual. The terms "donated labor", ""voluntary labor" "donated material", and/or ""gift material' �
7 and/or similar terms thereto, shall not be used to represent fair market value.
8 Fair market value, residential, means the total cost of materials plus labor costs. The total cost of
9 labor and materials shall be as indicated on the original or a notarized copy of an original invoice of an a
10 arm's-length transaction, or, an estimate from a licensed contractor, or if no such invoice is available, c
11 the labor and materials shall be as calculated pursuant to the most recent edition of Means Construction
12 Data or ICC/Construction Costs Valuation manual. The terms "donated labor", "voluntary labor,"
13 "donated material", and/or "gift material," and/or similar terms thereto, shall not be used to represent U
14 fair market value.
15 FCILB means the Florida Construction Industry Licensing Board. u
16 Imminent danger means: M
17 (1) Structurally unsound conditions of a structure or portions thereof that is likely to cause
18 physical injury to a person entering the structure;
19 (2) Due to structurally unsound conditions, any portion of the structure is likely to fall, collapse,
20 be carried by the wind, or otherwise detach or move, and in doing so cause physical injury, 0
4-
21 harm, or damage to a person on the property or to a person or property nearby; or c
22 (3) The condition of the property is such that it harbors or is inhabited by pests, vermin, or
23 organisms injurious to human health, safety, and welfare, the presence of which constitutes an 0
24 immediate hazard to a person or people in the vicinity. <
25 Inspection warrant means a court order authorizing the Building Oefficial or his or her designee to N
26 perform an inspection of a particular property named in the warrant.
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27 Intensification ofuse means an increase in capacity or number of units of a residential or commercial
28 building.
29 Interior finish means the preparation of interior spaces of a commercial building for the first U
30 occupancy thereof. ao
31 Licensed contractor means a contractor certified by the state or the local jurisdiction who has 0
32 satisfied all state or local requirements to be actively engaged in contracting.
33 Market value means as defined in the floodplain regulations of part II of this Code. ;
34 Natural Rock means any naturally occurring aggregate of minerals or a body of undifferentiated
35 mineral matter formed into a rigid_ composition by exposure to varying degrees of heat and/or pressure A=
36 and belonging to one of the three main classes: igneous, sedimentary, including limestone, and 2CL
37 metamorphic. 0
38 Nonconversion Agreement means as defined in the floodplain regulations of part 11 of this Code. U-
39 Normal maintenance or ordinary minor repair work means the repair or replacement of any existing
40 component if the replacement has the same size, capacity, technical characteristics and location, as is
41 determined by the Bhuilding Oefficial, and if the fair market value of the repair work or replacement is
42 less than $2,500.00.
43 Owner's agent means a person,firm or entity authorized in an original_ writing executed by the owner U
44 to act for or in place of the owner.
45 Permit means an official document authorizing performance of a specific activity regulated by this
46 chapter.
47 Permit card or placard means a document issued by the jurisdiction evidencing the issuance of a
48 permit and recording of inspections.
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I Qualifying agent,primary, means a person:
2 (1)Who possesses the requisite skill, knowledge, experience and certificate of competency;
3 (2)Who has the responsibility to supervise, direct, manage, and control the contracting activities of
4 the business organization with which he or she is associated;
5 (3) Who has the responsibility to supervise, direct, manage and control construction activities on a
6 job for which he or she has obtained a permit; and
7 (4) Whose technical and personal qualifications have been determined by investigation and
8 examination and is evidenced by his or her possession of a certificate of competency.
9 Qualifying agent, secondary, means a person:
10 (1)Who possesses the requisite skill, knowledge, experience and certificate of competency; c
11 (2) Who has the responsibility to supervise, direct, manage and control construction activities on a
12 job for which he or she has obtained a permit; and
13 (3) Whose technical and personal qualifications have been determined by investigation and
14 examination and is evidenced by his or her possession of a certificate of competency.
15 Reciprocity means to accept a verified affidavit from any municipality or county of the state that the u
16 applicant has satisfactorily completed a written examination in its jurisdiction equal in content with the
17 examination required by this chapter.
18 Registered contractor means a contractor who has officially registered with the department of
19 professional regulation of the state pursuant to fulfilling the competency requirements of the local
20 jurisdiction. 0
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21 Registration means the act or process of registering a locally obtained certificate of competency 0
22 with the state, or the act or process of registering a state issued certificate of competency with the coun g
23 mtt*ieipaIit-y. 0
24 Remodeling means work that changes the original size, configuration or material of the components
25 of a building. N
26 Residential building means any one- or two-family building or accessory.
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27 Roofing means the installation of roof coverings. 17
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28 Scour means the removal of soil or fill material by the flow of flood waters. Flow moving past a t-
29 fixed object accelerates, often forming eddies or vortices and scouring loose sediment from the U
30 immediate vicinity of the object. The term is frequently used to describe storm-induced, localized conical M
31 erosion around pilings and other foundation sUports,where the obstruction of flow increases turbulence. �
32 Spa means any constructed or prefabricated pool containing water jets.
33 Special Flood Hazard Areas means an area in the floodplain subject to a 1 percent or greater chance ;
34 of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO, A 1 -
35 A30, AE, A99, AH, VI - V30, VE or V.
36 Specialty contractor means a contractor whose services do not fall within the categories specified CL
37 in F.S. § 489.105(3). 0
38 Start ofconstruction, building, means the removal, disassembly,repair,replacement, installation or U_
39 assembly of the building, structure, building system or building components in whole or parts thereof.
40 Start of construction, site, means the physical clearing of the site in preparation for foundation U
41 working, including, but not limited to, site clearing, excavation, de-watering, pilings and soil testing
42 activities.
43 Stop work order means an order by the 134uilding Oefficial, or his or her designee,that requires the
44 immediate cessation of all work and work activities described in the order.
45 Structural component means any part of a system, building or structure, loadbearing or
46 nonloadbearing, that is integral to the structural integrity thereof, including, but not limited to, walls,
47 partitions, columns, beams and girders.
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I Structural work or alteration means the installation or assembling of new structural components
2 into a system, building or structure. The term also includes any change, repair or replacement of any
3 existing structural component of a system, building or structure.
4 Substantial completion means where the construction work has been sufficiently completed in
5 accordance with the applicable local, state and federal codes, so that the owner can occupy or use
6 the project for the use for which it is intended.
7 Value means job cost.
8 V-Zone and Coastal A Zone Construction Certification Form means the Monroe County V-Zone .2
9 and Coastal A Zone Construction Certification Form for New Construction & Substantially a
10 Improved/Damaged Structures as defined in the floodplain regulations of part II of this Code. c
U_
11
12 U
13 E
14
a�
15
16 as
17
18
19 0
20 Sec. 6-26. -Windload requirements. 0
21 All major structures within the unincorporated limits of the county, except mobile/manufactured
22 homes, shall be designed pursuant to the Florida Building Code. CL
0
23
24 Sec. 6-27. -Unsafe buildings. N
25 (a) Definitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which are LO
26 unsafe,unsanitary,or do not provide adequate egress,or which constitute a fire or windstorm hazard,
27 or are otherwise harmful or dangerous to human life, or which in relation to existing use, constitute U
28 a hazard to safety or health, shall be deemed to be unsafe structures by the Bhuilding Oefficial or 0
29 his/her authorized designee, and a permit shall be obtained to demolish the structure or where °0
30 specifically allowed by this section,to bring the building into compliance with the applicable codes 0
31 as provided herein.
32 (b)Physical criteria.
33 (1)A building shall be deemed a fire or windstorm hazard and/or unsafe when:
34 a. There is an accumulation of debris or other material therein representing a hazard of E
35 combustion.
36 b. The building condition creates hazards with respect to means of egress and fire protection. 0
37 (2) A building, or a part or portion thereof, shall be deemed unsafe by the Bhuilding Oefficial or U_
38 his/her authorized designee if:
39 a. There is a falling away, hanging loose or loosening of any siding, block, brick, or other U
40 building material; or
41 b. There is a deterioration of the structure or structural parts; or �E
42 c. The building is partially destroyed; or
43 d. There is an unusual sagging, rippling, torsion, or leaning out of plumb of the building or
44 any parts of the building and such effect is caused by deterioration or over-stressing; or
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I e. The electrical, plumbing or mechanical installations or systems create a hazardous
2 condition contrary to the standards of the Florida Building Code and the National Electric
3 Code; or
4 f. There is electrical service at or in the building or structure, without a permit having been
5 obtained as required by the Florida Building Code, or
6 g€. An unsanitary condition exists by reason of inadequate, insufficient, or malfunctioning
7 sanitary facilities or waste disposal systems; or
8 hg. There is no potable water service or electrical service; or
9 ih. The construction, enlargement, alteration, repair or demolition of the building or part a
10 thereof or the impact resistant coverings of the building or construction or the installation c
11 of systems or components within the building or structure has been commenced or W
12 completed without a permit having been obtained as required by the Florida Building Code d
13 or where the permit has expired prior to appropriate inspections and completion or when a
14 building or structure is occupied prior to the issuance of a certificate of occupancy or
15 certificate of completion; or
16 ji. The building or structure is vacant and abandoned, and covered at doors or windows with
17 materials not previously approved by the B4uilding Oefficial; or
18 k�'. The building or structure has been substantially damaged by the elements, acts of God,
19 fire, explosion or otherwise,
20 1. The building is being used illegally or improperly pursuant to based Oil the Florida Building 0
21 Code; or c
22 i. A change in the existing use originally approved or a previously-approved existing use 2
23 has occurred without required permits, inspections, and/or approvals; or 0
24 ii. A change in occupancy classification of a building or structure or portion thereof has <
25 occurred that does not comply with the Florida Building Code; or N
26 iii. Maintenance of conditions of occupancy or requirements of the existing occupancy
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27 classification of a building or structure or a portion thereof does not comply with the 17
28 Florida Building Code from the time period when the building was originally tJ
29 constructed or with the code in effect at the time of construction; and U
30 mk-. The building or part thereof meets the physical criteria of an unsafe structure set forth M
31 above in Section (b)(1)(a) and/or (b) and/or Section (b)(2)(a)-(j), as determined by the 0
32 Building Official or Fire Marshall, with proper notice as defined in Chapter 6-27, Section 0
33 (d). This provision does not supersede the authority of the B4uilding Oefficial under the ;
34 Florida Statutes or the Florida Building Code.
35 (c)Abatement:
36 (1) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated by
37 repair and rehabilitation or demolition. 0
38 (2)All swimming pools or spas that contain stagnant water or do not conform with Section 424.2.17
39 of the Florida Building Code are deemed unsanitary and/or dangerous to human life and public
40 welfare. If the stagnant water is not removed and/or all repairs made and brought into full U
41 compliance with the building code within a reasonable period of time, then these swimming
42 pools or spas will be demolished.
43 (d)Notice. When the B4uilding Oefficial or his/her authorized designee has after inspection declared or U
44 deemed a building, structure, electrical, gas, mechanical or plumbing system to be unsafe, then the
45 B4uilding Oefficial or his/her authorized designee shall issue pfe�,4& a written unsafe declaration
46 and/or notice of violation/notice of hearing specifying the unsafe physical criteria, the suggested
47 methods for abatement or remediation, the time period allowed for the required abatement or
48 remediation,and that the matter will be referred to code compliance and be prosecuted by the code
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I compliance department if left uncured following expiration of the time ep riod prescribed by
2 the Bhuilding Oefficial for that particular declaration. The unsafe declaration and/or notice of
3 violation/notice of hearing shall state that the specific details concerning the violations can be
4 obtained in writing from the Building Official or his or her designee upon request. In addition, the
5 notice will explain the right_ of appeal of the decision of the Building Official or his or her designee _
6 to applicable appellate tribunal, and advise that the jurisdictional time period to file an meal is 30
7 days. The written unsafe declaration and/or notice of violation/notice of hearing shall be mailed to
8 the owner of the property in question at either the address listed in the property appraiser's database
9 as shown on the property record card for the parcel, or at the address listed in the tax collector's a
10 office for tax notices via first class mail. The unsafe declaration and/or notice of violation/notice of c
11 hearing shall also be affixed to the building concerned. The Building Official or his or her designee,
12 in his or her discretion, also or alternatively may elect to publish a notice in a newspaper of general
13 circulation once a week for two(2)consecutive weeks,the published notice shall contain the address
14 of the subject property and the names of the owner and any interested party, and state that the subject
15 property has been found unsafe and in violation of the Florida Building Code or this chapter and u
16 may be subject to demolition. If the unsafe physical criteria are J-s not abated or remedied within the
17 designated reasonable period of time prescribed by the Bhuilding Oefficial or his/her designee,then
18 the matter shall be referred to the code compliance department for prosecution before the code
19 compliance special magistrate. Upon expiration of the period of appeal provided in the unsafe
20 declaration and/or notice of violation/notice of hearing, the Building Official may record an 0
4-
21 appropriate instrument in the Official Records of the Clerk of Court, indicating that the property is c
22 in violation of the Florida Building Code or this chapter. The recording of the unsafe declaration 2
23 and/or notice of violation/notice of hearing shall constitute constructive notice of the violation to all 0
24 concerned, subsequent purchasers, transferees, mortgagees, lessees, grantees, and all persons <
25 claiming or r acquiring interest in the property. In the event that the violation(s) is corrected, the N
26 Building Official shall file proof of the same upon payment for all fees incurred by the building
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27 department. This provision does not supersede the authority of the Bhuilding Oefficial under the
28 Florida Statutes or the Florida Building Code.
29 (e) General. U
30 (1) All buildings now existing or hereafter constructed or developed, and all parts and portions M
31 thereof, shall be continuously and uninterruptedly maintained in a safe condition, and all devices 0
32 or safeguards that are required by the Florida Building Code or this chapter shall be continuously 0
33 and uninterruptedly maintained in good working order in compliance with all applicable codes. ;
34 (2) The Building Official or his or her designee, on his or her own initiative or as a result of reports
35 from others, shall examine or cause to be examined every building appearing g or reported to be
36 unsafe, and if such is found to be an unsafe building as provided for in this section, the Building
37 Official or his or her designee shall proceed as set forth in this section. 0
38 (3) A buildings meeting the criteria of an unsafe building set forth above in Section (b)(1)(a) or (b) c
U-
39 and/or a criterion under Section (b)(2)(a)-(1), shall be presumed and deemed or declared unsafe
40 and a permit shall be immediately obtained to demolish the building and remove it from the U
41 premises or where specifically allowed under the Monroe County Codes, the Florida Building
42 Code, and the Monroe County Comprehensive Plan, to immediately bring the building into
43 compliance with such Codes and Comprehensive Plan.
44 (4) Incomplete buildings commenced without a permit or for which the permit has expired, or
45 completed buildings commenced without a permit or for which the permit has expired, prior to
46 completion and no certificate of occupancy has been issued, shall be presumed and deemed or
47 declared unsafe and a permit shall be immediately obtained to demolish the building and remove
48 it from the premises or where specifically allowed under the Monroe County Codes, the Florida
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I Building Code, and the Monroe County Comprehensive Plan, to immediately bring the building
2 into compliance with such Codes and Comprehensive Plan.
3 (5) Buildings that are, or hereafter shall become, unsafe, unsanitary, or deficient, facilities with
4 inadequate means of egress, or which constitute a fire or windstorm hazard, or are dangerous to
5 human life or public welfare by reason of illegal or improper occupancy,use, or maintenance, or
6 which have been substantially damaged by the elements,acts of God,fire,explosion or otherwise,
7 shall be declared or deemed or declared unsafe buildings or structures and a permit shall be
8 immediately obtained to demolish the building and remove it from the premises or where
9 specifically allowed under the Monroe County Codes, the Florida Building Code, and the a
10 Monroe County Comprehensive Plan, to immediately bring the building into compliance with -
11 such Codes and Comprehensive Plan.
12 (6) All costs incurred pursuant to any of the provisions of this chapter or under the Florida Building
13 Code shall be paid by the owner(s) or occupants) of the premises on which the violation
14 occurred.
15 (7) The enforcing_ c ounty department, including but not limited to the code compliance department u
16 and the building department, may institute a suit to recover such expenses against any liable
17 person or may cause such expenses to be char _ged against the property on which the violation
the property on which the violation
18 occurred as an enforceable lien.
19 (8) The action of the Building Official and/or Fire Marshal deeming or declaring a building to o be 10
-°
20 unsafe shall not be construed as authorizing unpermitted or unapproved construction,
4-
21 development, additions, replacements, repairs, renovations, or demolition. All required permits c
22 and approvals must be obtained prior to the commencement of any such work 2
23 0
24 Sec. 6-28. -Requirements not covered; liability of county or employees.
25 Any requirements necessary for the strength, stability or proper operation of an existing or proposed N
26 building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and
17
27 general welfare, not specifically covered by the Florida Building Code or the other technical codes and
Ir-
Ir-
28 regulations, or this chapter, shall be determined by the Bhuilding Oefficial, or his or her authorized is
29 designee. UU
30
31 CL
a�
32
33 Sec. 6-29. -Permitting and inspections.
34 (1) The obtainment of a building department inspection or approval does not discharge, exempt, �
35 waive, or otherwise release an applicant or owner from his or her duty to comply with any additional 2
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36 requirements of the Monroe County Codes or Monroe County Comprehensive Plan. Neither a Building a
37 Department inspection nor an approval issued solely by the Building Department shall constitute
38 administrative action by or approval from the Planning and Environmental Resources Department.
39 The inspection or permitting of any building, system or plan by the county under the U
40 requirements of the Florida Building Code shall not be construed in any court as a warranty of the
41 physical condition of such building, system or plan or their adequacy. Neither the county nor any
42 employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or
43 inadequacy in such building, system or plan, nor for any failure of any component of such, that may
44 occur subsequent to such inspection or permitting, unless the employee of the county is found to have
45 acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard of
46 safety, health and welfare of the public.
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1 (3) The Building Official, or his or her authorized designee, may void, rescind, suspend, or revoke
2 a permit or approval issued under the provisions of this chapter in the case of any false statement or
3 misrepresentation of fact in an application or on the plans on which the permit or approval was in whole
4 or in part based, or if a permit has been otherwise fraudulently obtained, or erroneously issued.
5
6 Sec. 6-30. -Mobile/manufactured homes.
7 The placement of mobile/manufactured homes shall be governed by F.A.C. ch. 15C.
8 CL
9 Sec. 6-31. - Stop work orders. 0
10 Upon notice from the Bhuilding Oefficial, use or work on any building, structure, electrical, gas, U_
11 mechanical or plumbing system that is being done contrary to the provisions of this Code, the Florida
12 Building Code, or in a dangerous or unsafe manner, shall immediately cease such use or work. Such U
13 notice shall be in writing and shall be issued giNLffi to the owner of the property, or to his or her agent,
14 and/or to the person doing the work, and shall state the conditions under which work may be resumed.
15 Where an emergency exists, the Bhuilding Oefficial shall not be required to give a written notice prior
16 to stopping the work.
17
18 Sec. 6-32. -Working through a stop work order.
19 If any person or entity is found by the contractors examining board to violate this chapter by 0
20 continuing to perform work subsequent to the issuance of a stop work order/red tag and/or a cease and 0
21 desist order, the contractors' examining board may take such action as it deems necessary and proper to 0
22 cease such activity, up to, and including a six-month suspension of the permit pulling privileges of any C
23 contractor, including but not limited to subcontractor(s),performing such work.
24 N
25 Sec. 6-33. - Site debris. LO
26 (a) The contractor and/or owner of any active or inactive construction project shall be responsible for
27 the clean-up and removal of all construction debris or any other miscellaneous discarded articles U
28 prior to receiving final inspection approval_ 0
29 (b) Construction jobsites must be kept clean, such that accumulation of construction debris must not °0
30 remain on the property or a period of time exceeding 14 days. 0
31 (c) All construction related debris and/or construction related materials, shall be kept in such a manner
32 as to prevent it from being spread by any other means.
33 (d) After a tropical storm watch or warning or a hurricane watch or warning is issued, all construction
34 related materials, including but not limited to, roof tiles, lumber, scaffolding and debris shall be E
35 removed from the construction site, or secured in such a manner as to minimize the danger of such 0.
36 materials causing projectile damage to persons or property due to a high wind event. This prohibition 0
37 shall continue until the tropical storm watch or warning or hurricane watch or warning is lifted. LL
38
39 Secs. 6-34-6-54. -Reserved. U
40
41 DIVISION 2. -ADMINISTRATION
42 Sec. 6-55. -Building department.
43 (a) Organization and administration. There is hereby established a department called the Bhuilding
44 Ddepartment headed by the Bhuilding Oefficial. Upon recommendation of the Ceounty
45 A-administrator, the department shall be assigned to the division of county government that the
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I B4oard of Ceounty Ceommissioners determines appropriate. The Ceounty A-administrator with the
2 approval of the Bhoard of Ceounty Ceommissioners shall designate the Bhuilding Oefficial.
3 (b)Employee qualifications. The B4uilding Oefficial shall be licensed as a building code administrator
4 by the state. All appointed or hired inspectors and plan examiners shall meet the qualifications for
5 licensing in the appropriate trade as established by the state.
6 (c)Building official authority and duties. In addition to the jurisdiction, authority and duties that may be
7 conferred upon the Building Official by other provisions of the Monroe County Codes, t-The
8 Bbuilding Oefficial shall have authority to administer, interpret, and enforce provisions of the
9 Florida Building Code , and this chapter. Such authority, a
10 jurisdiction, and duties shall include the following: c
11 (1) To process building permit applications and issue, void, rescind, suspend, and revoke building U-
12 permits and/or aplications;
13 (2) To inspect sites, buildings and structures as required by this chapter, the Florida Building Code
14 and the Standard Unsafe Building Abatement Code;
15 (3) To issue, void, rescind, suspend, and revoke certificates of occupancy and certificates of
16 completion; cu
17 (4) To maintain building permits, financial, and et+ef public records r-elated to of the department4
18 ems;
19 (5) To establish such policies, aftd procedures and rules of procedure necessary for the
20 administration of his or her responsibilities under the Florida Building Code and this chapter; 0
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21 (6)To provide a recording secretary for the purpose of keeping the board of adjustment and appeals; c
22 (7)To Uprise the Construction Board of Adjustment and Appeals of all facts and information at his
23 or her disposal with respect to matters brought before it, 0
24 (8) To Uprise the Contractors Examining Board of all facts and information at his or her disposal
25 with respect to matters brought before it, N
26 (9-7) To be the official authoritative source to render interpretations of this chapter and the Florida
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27 Building Code; 17
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28 (10-9)To enforce provisions of the Florida Building Code and this chapter and the provisions of Ch. t-
29 122 of the Monroe County Land Development Code (part II of this Code) as the designated U
30 Floodplain Administrator; �o
31 (113) To issue stop work orders; 0
32 (12) To issue cease and desist orders and/or cease and desist letters, 0
33 (13) To prevent any imminent threat of any violation of the Florida Building Code or this chapter; ;
34 (14)To prepare and submitpetitions for declaratory statements to the Florida Building Commission,
35 (15) To prepare and submit requests for non-binding g interpretations of the Florida Building Code
36 to the Florida Building Commission and/or Building Officials Association of Florida, CL
37 (160) To conduct all other such duties and responsibilities as are otherwise required by the Florida 0
38 Building Code and this chapter; U-
39 (17-�) To determine the extent of damage or destruction of nonconforming uses and structures, in
40 cooperation with the Pplanning Mirector; U
41 (18) To the extent such decision may substantively involve the Florida Building Code or this
42 chapter, in his or her discretion, issue a concurrence with the Planning Director's decision to
43 suspend consideration of any application for development approval during _the pendency of athe pendency of a U
44 code compliance proceeding involving all or a portion of a parcel proposed for development,
45
46
47 f t4e eede;
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I
2
3 ;
4 19 "To advise permittees that additional federal or state permits may be required, and if specific
5 federal or state permits are known to have been issued,to require that true and correct complete
6 copies of such permits be obtained and provided and maintained on file with the building
7 permit application;
8 (20) Whenever the Building Official reasonably believes that the work for which a permit or `2
9 approval has been issued is not being performed in conformity with plans, specifications, or a
10 descriptions, or approved plans are not being kept at the site, to take appropriate action c
11 authorized under the Florida Building Code, this chapter, or as otherwise provided for in the
12 County Codes,
13
14
16
17
18
19
20
4-
21 c
22 2
23 0
24 l,,,,,,s ; order-to ;ti.st ,, a t,ol ;t ,waters and htifFiea-newave si..
25 N
26 flood haza-,a. c�
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2717
28 c-
29 ; U
30 21 {2 }To provide the Bhoard of Ceounty Ceommissioners and the Pplanning Ceommission with
31 reports and recommendations with respect to matters before such bodies, as directed by the 0
32 B ,:hoard of Ceounty Ceommissioners t management division dir-ee*^r ^r Pplanning 0
33 Ddirector, Assistant County Administrator, or the Ceounty A-administrator; and
34 22 {�To administratively review those building permits issued before October 1, 1998 and close
35 said permits if no known factor exists to keep said permit open.
36 (23) Concealed Work. The Building Official may order portions of the structural frame of a building
37 and/or structure to be exposed for inspection when, in his or her opinion, there are _good 0
38 reasons to believe that a building or a part or portion thereof, is in an unsafe or dangerous -
39 condition or that there is willful or negligent concealment of a violation of the Florida Building
40 Code or this chapter. is
41 (24) Illegal Change of Occupancy/Occupancy Use. Whenever any building or structure or part or C
42 portion thereof is being used or occupied contrary to the provisions of the Florida Building
43 Code or this chapter,the Building Official shall order such use or occupancy discontinued and U
44 the building or structure or part or portion thereof vacated. Such order shall be by notice in
45 writing, issued to the person or persons using, or causing to be used, such building or structure
46 or part or portion thereof. Use or occupancy shall not resume until the violations for which
47 particular notice was issued have all been cured.
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I (d)Defense ofBbuilding Oefcial. The county shall defend the Bbuilding Oefficial in any action wherein
2 the Bbuilding Oefficial's act of administratively closing an open permit is challenged. If said defense
3 is unsuccessful, the county shall be responsible for any damages resulting directly from the action
4 against the Bbuilding Oefficial.
5
6 Sec. 6-56. - Construction board of adjustment and appeals.
7 (a)Jurisdiction, authority, and duties. There is hereby established a board called the construction board
8 of adjustment and appeals. This board shall have the following jurisdiction, authority, and duties:
9 (1) To consider and render decisions on appeals of administrative decisions and interpretations of a
10 the Bbuilding Oefficial or his or her authorized designee related to the Florida Building Code c
11 and this chapter;
12 (2) To consider and grant variances to the Florida Building Code; and
13 (3) To approve cost approach appraisals for determination of €icemarket value pursuant to the
14 floodplain regulations under part II of this Code.
15 (4) This board shall not serve as the local construction regulation board. The contractors examining
16 board shall serve as the local construction regulation board. The powers and duties of the
17 contractors examining board are defined in chapter 6, division 3 of this Code.
18 (5)The failure or denial of a permit pursuant to or by reason of the planning director's determination
19 of non-compliance with part 11 of this Code or with the Comprehensive Plan shall not be within
20 the jurisdiction or scope of review of the board of adjustment and meals. The failure or denial 0
21 of a permit pursuant to or by reason of administrative actions, decisions, or interpretations c
22 regarding the floodplain management provisions of the county Codes shall not be within the 0
23 jurisdiction or scope of review of the board of adjustment and appeals. No decision by the code 0
24 compliance special magistrate, by the planning commission, by an administrative hearing <
25 officer, or by the historic preservation commission, shall be jurisdictionally reviewable or N
26 within the scope of review of the board of adjustment and meals.
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27 (b)Membership, appointment, removal, terms, and vacancies: 17
28 (1) The construction board of adjustment and appeals shall consist of ten members. t-
29 (2) The construction board of adjustment and appeals shall consist of all the members of the U
30 contractors examining board, with the exception of the two alternate members as provided for M
31 in section 6-263(6) plus one registered architect and one registered professional engineer 0
32 appointed by the board of county commissioners.
33 (3)Terms of office,removal,vacancies,the regularity of meetings and administrative hearings shall ;
34 be governed by the same rules and regulations as the contractors examining board.
35 (c) Standard ofReview. An appeal under this section shall be considered an appeal to an administrative
36 tribunal and shall not be a hearing de novo but shall be limited to appellate review of the record
37 created before the Building Official. The appellant shall be required to demonstrate that the Building 0
38 Official's, or his or her designee's, decision or interpretation is clearly erroneous,based upon clearly M
39 convincing record evidence. In resolving an appeal under this section, the Building Official's
40 administrative interpretations of the Florida Building Code and this chapter, the county Building U
41 Department's administrative staff interpretations of the Florida Building Code and this chapter, and a
42 the county Planning and Environmental Resources Department's and the county Code Compliance
43 Department's administrative staff interpretations of the Monroe County Codes are leery entitled U
44 to deference and great weight before the construction board of adjustment and meals, at trial, and
45 on appeal, and such administrative interpretations should not be modified or overturned unless
46 clearly erroneous. If such administrative interpretation is within the range of possible and reasonable
47 interpretations, it is not clearly erroneous and should be affirmed.
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I (d) Standing An meal may be initiated by the owner of a building, structure, or service system, who
2 has received a final, written administrative decision or interpretation from the Building Official or
3 his or her authorized designee, or by a person who, as a result of such a decision or interpretation,
4 has suffered or will resultantly suffer a special injury differing in kind from that suffered by the
5 community at large. _For justiciability or standing purposes, the only interests covered by special
justiciability or standing purposes, the only interests covered by special
6 iniuries under this section are interests expressly protected by this chapter, the Florida Building
7 Code, or health and safety interests. It shall be leery insufficient for justiciability or standing
8 purposes for an appellant to allege a special injury that is only different in degree from the
9 community at large and that is not different in kind from the community at large. Further, for a
10 justiciability or standing�purposes, an alleged special injury must exceed in degree the general c
11 interest in a community good. For example, take the following non-exhaustive scenarios: Neither
12 party's claim that such a decision or interpretation adversely affects his or her generalized interest
13 in environmental or natural resource protection, nor a party's claim that such a decision or
14 interpretation adversely affects his or her generalized interest in building code enforcement, shall
15 be justiciable. u
16 (e) The Record. The appellant's record shall close upon the date of the final administrative decision or
17 interpretation of the Building Official. The Building Official shall have up to 70 calendar days from
18 the date the appellant's notice of appeal is deemed properly and timely filed, and complete, in which
19 to serve all parties and the construction board of adjustment and meals all staff reports and
20 materials that his or her final administrative decision or interpretation relied upon. 6
4-
21 (f)Discoverv. No discovery shall be taken in an meal under this section. No subpoenas may be issued c
22 for documents or witnesses under this section. 2
23 (g)Action of the Construction Board odiustment and Appeals. The construction board of adjustment 0
24 and meals shall consider all of its proceedings at a duly advertised public hearing following receipt <
25 of all records concerning the subject matter of the meal and following the Building Official's N
26 arrangement for the scheduling of said hearing. Any person entitled to initiate an meal may, along
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27 with County staff and counsel, have an opportunity to address the construction board of adjustment
28 and meals at that hearing and all parties to the meal shall have the opportunity to present evidence t-
29 and create an appellate record before the construction board of adjustment and meals; the term U
30 "appellate record" shall not be construed or interpreted to abrogate subsections (c) or (e) of this m
31 section. Any meals before the construction board of adjustment and meals shall be based upon 0
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32 and restricted to the record in conformity with subsections (c) and(e) of this section.
33 Appeal to Administrative Hearing gO icer. Any person participating as an appellant or ;
34 appellee may request an meal of the decision of the construction board of adjustment and meal,
35 under Chapter 102, Division 2 of Part II of this Code by filing the notice required by that article A=
36 within 30 days after the date of the written decision of the construction board of adjustment and 2CL
37 appeals. The ee*stf+tetie* board of adjttstme*t a-Rd appeals shall, iff e-,,et=y ease, r-efteh a deei 0
38LL
39
40 U
41
42
43 U
44 inspeetten. A eet4if4ed eepy of t4e deeision shall be sent by mail or- et4efwise to the appellant and a
45 eepy shall be kept p4liely posted i* �he offiee of�he bttildi*g offieial fer-twe weeks after- 44ff,—.
46 Evefy deeision of t4e board shall be final, stibjeet however-to stieh r-emedy as any aggr-ieved paft�,
47
48
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I Sec. 6-57. -Administrative*Appeals and Procedures.
2 (a) Scope ofappeals. An appellant may file an appeal under Section 6-56(a)(1) The ow-or of^ btfil, ing
3
4
5 to the construction board of adjustment and appeals only
6 if one of the following conditions is alleged to exist:
7 (1) The 134uilding Oefficial or his or her authorized designee gnee rejected or refused to approve the
8 mode or manner of construction proposed to be followed or materials to be used in the installation
9 or alteration of a building, structure or service system; a
10 (2) The provisions of the Florida Building Code or this chapter do not apply to this specific case; c
11 (3)An equally good or more desirable form of installation can be employed in any specific case; or
12 (4) The true intent purpose and meaning of the Florida Building Code, this chapter, or any of the
13 regulations thereunder have been misconstrued or incorrectly interpreted.
14 (b)Initiation ofappeals. A notice of appeal in the form prescribed and approved by the Building Official
15 must be timely filed by the appellant with the county Building Department within 30 calendar days u
16 of the date of the decision or interpretation forming the subject of the appeal, and must be timely
17 served upon the County Attorney's Office within 30 calendar days of such date. The notice of appeal
18 shall be accompanied by a nonrefundable fee.No notice of appeal shall be deemed complete without
19 payment of required fees. The failure to timely and properly initiate an appeal under this section
20 shall constitute an irremediable jurisdictional waiver of any rights to appeal or otherwise challenge 0
21 or attack such decision or interpretation, for failure to exhaust available administrative remedies. c
22 The waiver effectuated by failure to timely and properly appeal within 30 calendar days of such
23 decision or interpretation, shall also operate as an irrevocable jurisdictional wavier of the ri_hg t to 0
24 appeal or otherwise challenge or attack any portion of a subsequent administrative decision or
25 interpretation, that in part or in whole relies upon an earlier related administrative decision or N
26 interpretation, which was never timely and properly appealed pursuant to this section.
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27 (1)Upon receipt of a notice of appeal,the Building Department shall deem it complete, and properly 17
IV
28 and timely filed, or shall deem it improperly or untimely filed, or incomplete. The County shall t-
29 have 30 working days to notify an appellant if its notice of appeal is untimely or improperly filed U
30 or is incomplete. No further action shall be taken on the appeal application unless all deficiencies M
31 are remedied. An untimely, improperly filed, or incomplete notice of appeal shall not constitute 0
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32 a valid, legally effective, or legally cognizable notice of appeal, and in no event shall the 30-day
33 period to initiate a notice of appeal under this section be tolled during any period in which a ;
34 notice of appeal has been deemed improperly filed, incomplete, or otherwise insufficient.
35 (2) If the Building Department determines the notice of appeal is complete, and has been properly E
36 and timely filed, it shall notify the appellant. The appellant shall eemplete and s„ fnit a .a#o„ .2
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37 0
38
39
40 (c) Brie s yes. Briefs, if any, shall be typed or printed pursuant to the same rules for appellate U
41 briefs set forth in the Florida Rules of Appellate Procedure. The appellant's initial brief shall be
42 served upon the attorney of record for Monroe County and filed with the Building Department
43 within up to 30 days of notification that the appellant's notice of appeal has been deemed complete
44 and timely. The answer brief shall be served upon appellant within up to 30 days of the filing and
45 service of the initial brief. A reply brief, if any, must be served upon the attorney of record for
46 Monroe County and filed with the Building Department within 15 days of the filing and service of
47 the answer brief. An argument, issue, or ground for relief not raised in the initial brief is deemed
48 abandoned and waived and may not be raised for the first time in a reply brief.
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1 (1)All briefs shall contain the following_
2 a. The style of the appeal;
3 b. The case number, if any,
4 c. The name of the party on whose behalf the brief is filed;
5 d. The name, address, e-mail address, and telephone number of the person filing the brief,
6 e. The electronic or non-electronic signature of the person filing the brief, and
7 f. A certificate of service that copies have been furnished to all other parties to the appeal.
8 (2)All initial briefs shall, at minimum, contain the following_
9 a. A table of contents listing the issues presented for review, with reference to pages,
10 b. A table of citations with cases listed alphabetically, statutes and other authorities and the c
11 pages of the brief on which each citation appears;
12 c. A statement of all disputed issues of material fact. If there are none, the initial brief must so
13 indicate,
14 d. A concise statement of the ultimate facts alleged, including the specific facts the appellant
15 contends warrant reversal of the Building Official's administrative decision or
16 interpretation; and m
17 e. An exhaustive statement of all specific local Code sections, ordinances, state statutes, or
18 administrative rules the appellant contends require reversal of the Building Official's
19 decision or interpretation, including an explanation of how the alleged facts relate to said
20 Code sections, ordinances, state statutes, or administrative rules, and 0
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21 f. A conclusion, of not more than one page, setting forth the precise relief souk c
22 (3)All reply briefs, if any, shall, at minimum, contain the following:
23 a. A table of contents listing the issues presented for review, with reference to pages, 0
24 b. A table of citations with cases listed alphabetically, statutes and other authorities and the <
25 pages of the brief on which each citation appears; and N
26 c. A conclusion, of not more than one page, setting forth the precise relief sought.
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27
28 c-
29 u
30 '
31 0
32 (d) Motions. All motions shall be in writing and shall fully state the action requested and the grounds 0
33 relied upon. All motions must be filed with the Building Department and served on all parties. Non-
34 moving parties may, within 20 days of service of a motion, file a response in opposition. No reply
35 to the response shall be permitted. Motions other than motions to dismiss, for a more definite
36 statement, or to strike, shall include a statement that the movant has conferred with all other partiesCL
37 of record and shall state as to each party whether the party has any objection to the motion. The 0
38 statement that the movant was unable to contact the other party or parties before filing the motion
39 must provide information regarding the date(s) and method(s)by which contact was attempted.
40 (1)Motions to Dismiss. u
41 a. A motion to dismiss may be filed no later than 30 days after the filing and service of the
42 initial brief. The service of such a motion to dismiss shall alter the period of time by which
43 the appellee must file and serve its answer brief so that if the construction board of u
44 adjustment and appeals denies the motion, the appellee's answer brief shall be filed and
45 served within 30 days after appellee's attorney of record's receipt of the order denying the
46 motion.
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I b The appellee may file a motion to dismiss the appeal with no applicable time limit if the
2 motion is based upon a lack of jurisdiction or incurable errors in the notice of appeal or
3 appeal brief.
4 (2) Motions for More Definite Statement. If a brief is so vague and ambiguous that a party cannot
5 reasonably be required to frame an answer brief or reply brief, that party may move for a more
6 definite statement before interposing an answer brief or reply brief. The service of such a motion
7 for a more definite statement shall alter the period of time by which the appellee must file and
8 serve its answer brief so that if the construction board of adjustment and appeals denies the
9 motion, the appellee's answer brief shall be served within 30 days after the appellee's attorney C
10 of record's receipt of the order denying the motion. The motion shall point out the defects c
11 complained of and the details desired. If the construction board of adjustment and appeals -grants
12 such motion, the amended brief shall be filed and served within 20 days after notice of the board
13 of adjustment's action. If the motion is granted and the board of adjustment's order is not obeyed
14 within 20 days after notice of the order or such other time as the hearing officer may fix, the
15 appeal shall be dismissed with prejudice. u
16 (3)Motion to Strike. A party may move to strike or the construction board of adjustment and appeals E
17 may strike redundant, immaterial, impertinent, scandalous, or non-record material from any brief
18 or motion at any time.
19 (4) Motion for Extension of Time. Motions for extension of time shall be filed and served prior to
20 the expiration of the deadline sought to be extended and shall state good cause for the request. o
4-
21 (5) Motion for Continuance. Motions for continuance of an appeal hearing may be granted for _good 0
22 cause shown. Except in cases of emergency, motions for continuance must be made at least five g
23 (5)business days prior to the date noticed for the hearing_ 0
24 (6) Motion for Judicial Notice. The construction board of adjustment and appeals shall take judicial
25 notice of any matter set forth below when a party properly motions for it and gives each adverse N
26 party timely written notice of the request, proof of which is filed with the county Building
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27 Department and served upon the opposing attorney of record, to enable the adverse party to 17
28 prepare to meet the request and furnishes the court with sufficient information to enable it to take t-
29 judicial notice of the matter. u
30 a. Specifically identified (by pinpoint citation) duly enacted ordinances and resolutions of the m
31 Monroe County Board of County Commissioners. 0
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32 b. Specifically identified (by pinpoint citation) provisions of the Monroe County Code of
33 Ordinances and Monroe County Land Development Code.
34 c. Specifically identified (by pinpoint citation) objectives, policies, and provisions of the
35 Monroe County Comprehensive Plan.
36 d. Specifically identified (by pinpoint citation)provisions in the Florida Building Code.
37 e. Specifically identified (by pinpoint citation) public statutory law and resolutions of the 0
38 Florida Legislature and the Congress of the United States. -
39 f. Specifically identified legislative staff reports and legislative materials prepared in connection
40 with slip laws corresponding to public statutory law of the Florida Legislature and the u
41 Congress of the United States.
42 g. Specifically identified (by pinpoint citation) rules or regulations in the Code of Federal
43 Regulations.
44 h. Specifically identified(by pinpoint citation)rules or regulations in the Florida Administrative
45 Code.
46 (e) ComputiLg Time. In computing the jurisdictional period of time an appellant must file a notice of
47 appeal herein,the day the final administrative decision is issued shall be included. In computing any
48 other period of time under this section, the day of the act from which the period of time begins to
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I run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday,
2 or legal holiday as that term is defined at Florida Rule of Judicial Administration 2.514(a)(6), in
3 which event the period continues to run until the next day that is not a Saturday, Sunday, or legal
4 holiday as that term is defined at the foregoing Florida Rule of Judicial Administration.
5 fa' Decisions on appeals. In rendering its decision in accordance with the provisions of section 6-56(ge),
6 the construction board of adjustment and appeals must find that at least one of the conditions in
7 subsection (a) of this section have been met in order to overturn an administrative decision or
8 interpretation of the Bbuilding Oefficial or his or her designee.
9 'a
10 0
11
12
13 Sec. 6-58. -Variances. 0
14 (a) Purpose. The purpose of this section is to establish procedures and standards for varying the
15 application of provisions of the Florida Building Code. u
16 (b)Authority and scope of authority. The construction board of adjustment and appeals shall have the
17 authority to vary the application of any provision of the Florida Building Code in accordance with
18 the standards in subsection (d) of this section. The construction board of adjustment and appeals
19 shall not consider variance requests pertaining to floodplain management requirements which shall
20 be reviewed pursuant to the provisions of Ch. 122 of the Monroe County Land Development Code 6
4-
21 (part II of this Code). c
22 (c) Application and procedures. An application in the form prescribed and approved by the Building
23 Official must be timely filed by the applicant with the Building Department within 30 days of the 0
24 date of the decision, determination, application, or interpretation of the Florida Building Code by <
25 the Building Official or Building Department staff person triggering or _giving rise to the variance N
26 application. The application shall be accompanied by a nonrefundable fee. No application shall be
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27 deemed complete without payment of required fees. The failure to timely and properly file a 17
It-
28 variance application under this section shall constitute an irremediable jurisdictional waiver of any t-
29 rights to appeal or otherwise challenge or attack such decision, determination, application, or U
30 interpretation of the Florida Building Code,for failure to exhaust available administrative remedies. M
31 The waiver effectuated by failure to timely and properly appeal within 30 calendar days of such 0
32 action shall also operate as an irrevocable jurisdictional waiver of the right to appeal or otherwise 0
33 challenge or attack any portion of a subsequent decision, determination, or interpretation of the ;
34 Florida Building Code,that in part or in whole relies upon an earlier related decision, determination,
35 application, or interpretation of the Florida Building Code, for which a variance application was
36 never timely and properly filed. CL
37 (1) Upon receipt of a variance application, the Building Department shall deem it complete, and c
38 properly and timely filed, or shall deem it improperly or untimely filed, or incomplete. The U-
39 County shall have 30 working days to notify an applicant if the application is improperly filed or
40 is incomplete. No further action shall be taken on the variance application unless all deficiencies U
41 are remedied. An untimely, improperly filed, or incomplete variance application shall not
42 constitute a valid, legally effective, or legally cognizable variance application, and in no event
43 shall the 30-day period to initiate an application for variance relief under this section be tolled U
44 during any periodin which a variance application has been deemed improperly filed, incomplete,
45 or otherwise insufficient.
46 (2) If the Building Department determines the variance application is complete, and has been
47 properly and timely filed:
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I a. The Building Department shall notify the applicant, and the Building Official or his or her
2 designee shall arrange for a hearing to be scheduled before the construction board of
3 adjustment and appeals;
4 b. Within sixty (60) days of receipt of a complete and properly and timely filed application for
5 a variance under this section, the Building Official and/or his or her designee(s)gnee(s) shall review
6 the application, and file a Report and Recommendation with the construction board of
7 adjustment and appeal. The same shall be served upon the applicant. The variance applicant
8 may file a written objection to the Reports and Recommendations of the Building Official
9 and/or his or her designee(s) _within 30 calendar days of the date of filing of the Report(s) and 30 calendar days of the date of filing of the Report(s) and a
10 Recommendation(s). 0
W
11
12
13
14
15
16
17
18 (d)Decisions on variance requests.
19 W In rendering its decision in accordance with the provisions of section 6-56(ge), the construction
20 board of adjustment and appeals shall only grant a variance if it finds that enforcement of the 0
4-
21 Florida Building Code to this specific situation would do manifest injustice and would be c
22 contrary to its intent,text,sand purpose, and the public interest, and if it also finds all of the 2
23 following: 0
c
24 a.{O Special conditions and circumstances exist that are peculiar to the building, structure or service
25 system involved and that are not applicable to others; N
26 b.(-2) The special conditions and circumstance do not result from the action or inaction of the
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27 applicant; 17
28 c.(-3-) Granting the variance requested will not confer on the applicant any special privilege that is t-
29 denied by the Florida Building Code to other buildings, structures or service systems; U
30 d.(4) The variance granted is the minimum variance that will make possible the reasonable use of M
31 the building, structure or service system; and 0
32 £(� ,,,
) The grant of the variance will be consistent with the text, i ha- efly ,: 4 toe goror^' intent 0
33 and purpose of this Code and will not be detrimental to the public health, safety and general 4--
34 welfare.
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35 (2) The applicant carries the initial legal and evidentiary burden to demonstrate compliance with
36 the County's Codes and Florida Building Code, and to support its application. The applicant's
37 evidentiary burden shall be to prove all material factual allegations by clear and convincing 0
c
38 evidence. U-
39 (3) In resolving an application under this section, the Building Official's administrative
40 interpretations of the Florida Building Code and this chapter, the Building Department's U
41 administrative staff interpretations of the Florida Building Code and this chapter, and the
42 Planning and Environmental Resources Department's and the Code Compliance Department's
43 administrative staff interpretations of the Monroe County Codes are leery entitled to deference U
44 and great weight before the construction board of adjustment and meals, at trial, and on meal,
45 and such administrative interpretations should not be modified or overturned unless clearly
46 erroneous. If such administrative interpretation is within the range of possible and reasonable
47 interpretations, it is not clearly erroneous and should be affirmed.
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I (e) Limitations. When the construction board of adjustment and appeals considers whether to grant ant a
2 variance,the following factors shall not be considered material or relevant to the board of adjustment
3 and appeals' decision:
4 (1)The physical disabilities or handicaps and health of the applicant or members of his or her family,
5 (2) The domestic difficulties of the applicant or members of his or her family,
6 (3) The financial difficulty of the applicant in complying with this chapter or with the Florida
7 Building Code,
8 (4) The difficulty of marketing, advertising, or selling the property, building, or structure,
9 (5) The uses, occupancies, types, configuration, value, elevation, or materials of surrounding or a
10 nearby buildings or structures, 0
11 (6)Any difficulty related to a codified law, rule, regulation, or matter of record,which the applicant
12 or members of his or her family, were on actual or constructive notice of prior to acquiring the
13 property, and could therefore have been avoided, or which may be characterized as a self-created
14 hardship,
15 (7)Non-unique or non-peculiar characteristics of the applicant's property, building, or structure. u
16 f) Variance conditions. In granting the variance, the construction board of adjustment and appeals may
17 prescribe a reasonable time limit within which the action for which the variance is required shall be
18 commenced or completed or both. In addition, the board may prescribe appropriate conditions and
19 safeguards in conformity with the Florida Building Code. Violation of the conditions of a variance
20 shall be deemed a violation of this chapter and the Florida Building Code. 0
4-
21 (appeal to Administrative HearingOfcer. The applicant or the County may request an appeal of the c
22 decision of the construction board of adjustment and appeal,under Chapter 102,Division 2 by filing
23 the notice required by that article within 30 days after the date of the written decision of the 0
24 construction board of adjustment and appeals.
25 N
26 Sec. 6-59. -Right of entry.
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27 (a) Inspections. Whenever necessary to make an inspection to enforce any of the provisions of the 17
28 Florida Building Code, or whenever the Bhuilding Oefficial or his or her authorized designee has t-
29 reasonable cause to believe that there exists in any building or structure or upon any premises any U
30 condition or code violation that makes such building, structure,premises, electrical, gas,mechanical M
31 or plumbing systems unsafe, dangerous or hazardous, the Bhuilding Ocial or his or her 0
effi
32 authorized designee may enter such building, structure or premises at all reasonable times to inspect 0
33 the same or to perform any duty imposed upon the Bhuilding Oefficial by the Florida Building ;
34 Code. If such building, structure or premises are occupied, he or she shall first present proper
35 credentials and request entry. If such building, structure, or premises are unoccupied, he or she shall
36 first make a reasonable effort to locate the owner or other persons having charge or control of suchCL
37 and request entry. If entry is refused, the Bhuilding Oefficial or his or her authorized desi_ gnee shall 0
38 have recourse to every remedy provided by law and equity to secure entry. U-
39 (b) Prohibition on entry. When the Bhuilding Oefficial shall have first obtained a proper inspection
40 warrant or other remedy provided by law or equily to secure lawful entry, no owner or occupant or U
41 any other persons having charge, care or control of any building, structure, or premises shall fail or
42 neglect, after proper request is made as herein provided, to permit prompt entry therein by the
43 Bhuilding Official or his or her authorized designee for the purpose of inspection and examination U
44 pursuant to the Florida Building Code and this chapter.
45
46 Secs. 6-60-6-76. -Reserved.
47
48 DIVISION 3. -PERMITS, INSPECTIONS AND CERTIFICATES OF OCCUPANCY
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1
2 Subdivision I. -In General
3
4 Sec. 6-77. - Certificate of competency required.
5 It shall be unlawful for any person or firm to engage in the business or act in the capacity of a
6 contractor, subcontractor, master, journeyman or maintenance personnel, as hereinafter defined,
7 anywhere within the unincorporated areas of this county without a current valid certificate of competency
8 issued by either the county or by the state.
9 'a
10 Sec. 6-78. - Tests for product compliance. cc
11 For products not covered under the statewide product evaluation and approval system,the Bbuilding
12 Oefficial or his or her authorized designee may require tests or test reports as proof of compliance.
13 Required tests are to be made at the expense of the owner, or his or her agent, by an approved testing
14 laboratory or other approved agency.
15 Secs. 6-79-6-99. -Reserved. u
16
17
18 Subdivision II. -Permits
19
20 Sec. 6-100. -Permits required.
4-
21 (a) Applicability. A permit shall be required for all work shown in the following table, except where c
22 specifically exempted this section.
23 0
Work Requiring a Permit Residential Exceptions* .,
Site preparation including: land clearing,
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,placements offill, excavation, and blasting,
however, no permit for site preparation None. However, no fee (including education; contractor investigation; or
tech fees)shall be charged for invasive exotic vegetation removal if
In be issued except in conjunction with t3
the establishment of a use or structure permit is not classified as clearing and grubbing. t3
allowed in the land use district.
A permit is not required for the removal of ten or fewer stems of invasiveCL
exotic vegetation on parcels with a lawfully established principal use;
however, this exemption shall not apply if the removal is part of a larger
Removal of invasive exotic vegetation clearing operation undertaken in segments within any one calendar year,
whether by the same or different contractors and/or the property owner
or if undertaken in conjunction with any construction.
c�
A permit or mitigation is not required if a property owner obtains 0
LL
Pruning, trimming, or removal of trees
documentation from an arborist certified by the International Society of
Arboriculture or a Florida licensed landscape architect that a tree a
presents a danger to persons or property.
None.
Demolition
Tie downs of habitable structures None
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..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Those signs that are specifically exempt from permit requirements
Signs pursuant to part 11 of this Code; however, in no case shall a sign be
exempt if its installation represents a threat to life and safety.
Fences None
..............................................................................................................................................................................................................................................................................................................................................................................................................................................
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Sheds 0
U)
None. Effective July 1,2013, sheds are no longer exempt from 0
permitting per this Section.
Chickees not constructed by Miccosukee or
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Seminole Indians None
...........
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 0
Any new construction and remodeling work Interior remodeling where the fair market value of such work is less than .2
U_
of principal and accessory structures $2,500.00 and there is no change in the original size or configuration. W
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Exterior and interior painting of single- and two-family residential U
buildings.
Installation of carpeting and floor coverings in single- and two-family
buildings that have previously been inhabited, i E
fair residential If the f
market value of the work is less than $5,000.00.
Normal maintenance or ordinary minor repairs where the fair market
value of such work is less than $2,500.00.
0
All work in the electrical, mechanical, and Normal maintenance or ordinary minor repairs where the fair market
4-
0
plumbing trades value of such work is less than $2,500.00.
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
.2
The installation of satellite antennas and microwave receiving antennas —
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that do not exceed one meter in diameter but only where mounted on 0
existing buildings or structures.
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All work subject to the floodplain
management requirements of the Florida Normal maintenance or ordinary minor repairs where the fair market LO
value of such work less than $2,500.00.
Building Code and part 11 of this Code
U
Resource extraction activities (as defined in U
None
0
part 11 of this Code)
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Any work involving life safety None 0
1 *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new work involving
2 electrical, mechanical, plumbing or any improvements subject to floodplain regulations; and if the construction,
3 repair,remodeling or improvement work is a part of a larger or ]
inq*or operation,whether undertaken by the same
4 or different contractor.NO EXCEPTIONS apply to work conducted below base flood elevation and/or subject to S
5 the floodplain management requirements of the Florida Building Code and+h-E-Monroe County Codes to buildings .2
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6 or structures located within a Coastal Barrier Resource System (CBRS) or structures located within flood zone 'a 0
7 AE or flood zone VE. All residential work that is exempt from Monroe County permitting shall still comply with .2
U_
8 the Florida Building Code,this chapter, and part 11 of this Code and shall be subject to code compliance.
9 U
10 (b) Separate permit required. A separate permit shall be required for each principal structure and any 4i
11 dock, seawall, and riprap accessory structure.
E
12 (c) Blanket invasive exotic removal permit. An annually renewable blanket permit for the removal of
13 invasive exotic vegetation is available to not-for-profit conservation agencies as approved by the
14 county biologist.
15 (d) Permit exemptions for a Hurricane W41ma. event with declared a State of Local EmeLgencv.
16 Notwithstanding the provisions of subsection (a) of this section, the following work shall be
17 exempted from requiring a permit prior to the time periods specified below:
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1 (1) No permit shall be required where imminent danger to life or safety exists or to prevent further
2 property damage caused by a Hurricane Wilma. Property owners may make necessary repairs
3 to the minimum extent necessary without a permit; however, photographs should be taken
4 before and after the necessary repairs for inclusion with subsequent permit applications, as
5 necessary. This exemption from the permitting requirements of this chapter shall be for a period
6 of 60 days based a resolution approved by the Board of County Commissioners (BOCC)401*
7 she effeeti-,,e ,a +^ of she or-di*a-ftee f whieh phis ^tier is de-i-,^,a. The permit exemption �
8 duration may only be extended at the discretion of the BOCC by an additional resolution.
9 (2) No permit shall be required for any residential work involving the replacement of 300 square
10 feet or less of storm damage roof shingle and underlayment. This exemption from the permitting c
11 requirement of this chapter shall be for a period of 60 days based a resolution approved by the
12 Board of County Commissioners (BOCC)JF-em dhee off etive doe of toe ,a:,,anee fFefn,:.i.:^''
13 t4is seetier is der-ived. The permit exemption duration may only be extended at the discretion
14 of the BOCC by an additional resolution.
15 (3) No permit shall be required for any work involving the demolition/removal of dry wall, cabinet u
16 and vanities, heating/cooling and electrical systems, and floor coverings in flooded structures,
17 and demolition of storm damaged accessory structures or docks, seawalls, and lifts. This
18 exemption from the permitting requirement of this chapter shall be for a period of 90 days based
19 a resolution approved by the Board of County Commissioners (BOCC)J+em toe effeetive as+^
20 of toe or-di anee fFefn whieh t4is seetior is de-i ,^' The permit exemption duration may only o
4-
21 be extended at the discretion of the BOCC by an additional resolution. c
22 (e) Miccosukee and Seminole chickee huts. Chickees constructed by the Miccosukee Tribe of Indians or 2
23 the Seminole Tribe of Florida require a land development permit. The term "chickee" means an 0
24 open-sided wooden but that has a thatched roof or palmetto or other traditional materials, and that <
25 does not incorporate any electrical, plumbing, or other non-wood features. Chickees shall comply N
26 with part II of this Code and shall be subject to code compliance.
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27 17
It-
28 Sec. 6-101. -Building permit application process. t_
29 (a) Application. An applicant for a building permit shall submit a completed application on a form U
30 prescribed and approved by the Bhuilding Oefficial along with a nonrefundable fee, if required by °0
31 this chapter, and any other drawings, diagrams, and materials required by the Bhuilding Oefficial 0
32 to ensure compliance with the Florida Building Code and this chapter. The application shall be
33 properly executed signed by the owner of the property or his or her authorized agent.No application
34 shall be accepted for processing that is not deemed complete, legally sufficient, and that includes LO
35 payment of all required fees, without the express written approval of the Bbuilding Oefficial. E
36 (b)Agents for owner builders. In accordance with F.S. ch. 489, an agent may not apply for,nor be issued CL
37 a permit on behalf of an owner builder. 0
38 (c) Permit issuance. A building permit shall only be issued if the Bhuilding Oefficial finds that it is U_
39 consistent with the Florida Building Code and this chapter and is compliant with part II of this Code,
40 as determined by the Pplanning Ddirector. U
41 (d) Permit conditions. The Bhuilding Oefficial may place conditions on a permit as are necessary to a
42 ensure development is carried out in compliance with all applicable laws and regulations. Violation E
43 of a permit condition shall be constitute a violation of this chapter by operation of law.
44 (e) Inspection prior to issuance of a permit. Before issuing a permit, the Bhuilding Oefficial may
45 examine or cause to be examined any building, electrical, gas, mechanical or plumbing system for
46 which an application has been received for a permit to enlarge, alter,repair, move, demolish, install
47 or change the occupancy. He or she, or his or her authorized designee, shall inspect all buildings,
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I structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon
2 completion of the work for which a permit was issued. He or she, or his or her designee, shall make
3 a record of every such examination and inspection and of all violations of the technical codes.
4
5 Sec. 6-102. -Permit application time limitations.
6 (a) Time limitations on permit application. Unless the permit has been issued or the approved permit 0
7 application has been entered into the permit allocation system process as provided for under part II
8 of this Code, an application for a permit shall be deemed to have been abandoned and become null
9 and void six months after the date of filing for the permit, except as otherwise provided for in this c
10 chapter. A one-time extension for a period of not more than 90 days may be authorized by the c
U_
11 Bmbuilding Oefficial provided that the extension is requested in writing along with a nonrefundable W
12 fee. d
13 (b)Notification of ready permit. The building department shall notify the permit applicant for principal 0
14 structures that the permit is ready to be issued(the"ready permit").In the case of applications within
15 the permit allocation system, as governed by part II of this Code, notification shall be by certified
16 mail to the name and address given by the applicant on the application. For all other permit
17 applications, notice may be verbal or written as appropriate.
18 (c) Expiration of ready permits. In the case of permit applications within the permit allocation system,
19 ready permits that are not picked up within 60 days of the notification by certified mail shall
20 automatically expire and become null and void. Except for demolition permits, all other permits that 0
21 are ready but have not been picked up shall automatically expire in accordance with the provisions 0
22 of subsection (a) of this section. In either case, to renew the expired permit a new building permit
23 application together with appropriate nonrefundable fees must be submitted to the building 0
24 department for approval.
25 N
26 Sec. 6-103. -Issued permits. LO
1-
27 (a)Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as
IV-
28 authority to violate, cancel, alter or set aside any of the provisions of the Florida Building Code or is
29 other technical codes or of the Monroe County Codes. Nor shall issuance of a permit prevent 0
30 the Bhuilding Oefficial from thereafter requiring a correction of errors in plans, construction, or °0
31 violations of the Florida Building Code or this chapter. 0
32 (b)Permit time limitations. Every permit issued shall become null and void unless the work authorized
33 by such permit is commenced within six months after its issuance, or if the work authorized by such
34 permit is suspended or abandoned for a period of six months after the time the work is commenced. LO
35 Work is considered commenced if it has received an approved initial inspection pursuant to permit
36 requirements or an approved temporary electrical inspection. Any valid permit, for which C
37 construction has commenced, must progress in a timely fashion. The only method by which timely 0
38 valid progress of authorized work may be demonstrated is through the building department's having U_
39 performed and approved a required inspection on the building permit display card within 180 days
40 measured from either: U
41 (1)As to the initial inspection, the date work was required to begin; or
42 (2) As to inspections subsequent to the initial inspection, from the date of the last performed and E
43 approved required inspection on the display card.
44 (c)Reserved.
45 (d) Failure to obtain inspections. Failure to obtain an approved inspection within 180 days of the
46 previous approved inspection shall constitute suspension or abandonment that shall render the
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I permit null and void and/or expired. Any work completed without an approved inspection may be
2 subject to code compliance proceedings.
3 (e) Extensions. After work is commenced, a one-time only extension of time for a period of not more
4 than 180 days, may be allowed by the Bbuilding Oefficial for the permit, provided the extension is
5 requested in writing and justifiable cause is demonstrated prior to the expiration date. Any extension 7
6 request shall be accompanied by a nonrefundable fee.
7
8
9 Sec. 6-104. -Revocation of permits. c
10 The Bbuilding Oefflcial may suspend, void, rescind, or revoke any building permit under any one c
U_
11 of the following circumstances: W
12 (1) A materially false statement is contained in the application or plans for which the permit was d
U
13 issued;
14 (2)Work is undertaken outside the scope or contrary to the conditions of the building permit; of
15 (3) The permit was issued in error and, in the opinion of the planning director, the Bbuilding
16 Oefficial, or the fire marshal, the error would result in a threat to the health, safety or welfare
17 of the public; or-
18 (4) On a basis authorized under the Florida Building Code or this chapter.
19
20 Sec. 6-105. -Permit applications for hazardous occupancies. 0
4-
21 The Bbuilding Oefficial, or his or her authorized designee,gnee, may require that any application for a
22 permit involving a hazardous occupancy shall contain:
23 (1) A general site plan drawn at a legible scale that shall include, but not be limited to, the location 0
24 of all buildings, exterior storage facilities, permanent accessways, evacuation routes, parking
25 lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer N
26 accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be LO
27 identified with the hazard classes and the maximum quantities per hazard class or hazardous
28 materials stored; and is
29 (2) A building floor plan drawn to a legible scale, that shall include, but not be limited to, all 0
30 hazardous materials storage facilities within the building and shall indicate rooms, doorways, °0
31 corridors, exits, fire-rated assemblies with their hourly rating, location of liquid-tight rooms, 0
32 and evacuation route. Each hazardous materials storage facility shall be identified on the plan
33 with the hazard classes and quantity range per hazard class of the hazardous materials stored.
34
35 Sec. 6-106. -Mobile/manufactured homes plan review criteria.
36 Building permit applications submitted for placement of mobile/manufactured homes shall contain,
37 but not necessarily be limited to,the following information required by the Bbuilding Oefficial for plans 0
38 review:
39 (1) Site requirements: setback/separation and location of on-site wastewater treatment facilities; a
40 (2) Structural: wind zone, flood hazard area, anchoring, and blocking;
41 (3)Mechanical: exhaust systems, including clothes dryer and kitchen equipment exhausts; and
42 (4)Electrical: exterior disconnect location.
43
44 Sec. 6-107. -Reserved.
45
46 Sec. 6-108. -Fees.
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I (a) Purpose. The purpose of this section is to establish the authority, schedule, and exemptions for
2 permitting and related fees.
3 (b) Authority and fee schedule. Except as specifically established by this chapter, the board of county
4 commissioners may by resolution establish a fee schedule for,but not limited to,permit applications,
5 permits, plans examination, certificates of competency, re-inspections, permit renewals,
6 administrative fees, variance requests, and administrative appeals.
7 (c) Required. Except as authorized by this chapter, no permit shall be issued without payment of all
8 appropriate fees. Where a nonrefundable application fee is charged, the fee may be applied to off-
9 set the total permit fee at the time the permit is issued, except where the application fee exceeds the a
10 total permit fee. In this case, the application fee shall become the total permit fee. c
11 (d) Exemptions. Exemptions only exist as specifically provided by state statute and for volunteer fire
12 departments.
13 (e) Waivers. Any entity may apply to the board of county commissioners for fee waivers from the
14 building permit and building permit application fees for construction or renovation of affordable,
15 low or very low income housing intended for occupancy for those households with income up to u
16 120 percent of the median annual adjusted gross income as defined by Monroe County. Persons or
17 entities which have a development order in effect as of February 17, 2010 for affordable housing
18 may apply for such fee waivers. Persons or entities building affordable housing which uses a higher
19 percentage median income than 120 percent for qualification for occupancy may apply for a waiver
20 from building permit and permit application fees only if the specific project for development is being 0
21 subsidized with or is leveraging state or federal funding. All such waivers apply only to the c
22 individual housing units being constructed. There are no other waivers of permit fees.
23 (f) Refunds. No fees paid for permit fees shall be refunded without the approval of the B4uilding C
24 Oefficial with concurrence from the planning director.
25 N
26 Sec. 6-109. -Building permit valuations.
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17
27 If in the opinion of the Bmbuilding Oefficial or his or her authorized designee, the valuation of
28 building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be U
29 underestimated on a building permit application, the permit application shall be denied, unless the U
30 applicant can show detailed estimates to meet the approval of the B4uilding Oefficial. Permit valuations °0
31 shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems 0
32 including materials and labor. The permit valuation may be calculated using the most recent edition of
33 Means Construction Data and/or ICC/Construction Costs Valuation Manual t4e latest Btfilding
34 ., or other
35 applicable model code organization, at the option of the Bmbuilding Oefficial.
36 CL
37 Sec. 6-110. -Fees and permitting requirements for work done without a permit. 0
38 (a)After-the fact permits and fees. LL
W
39 (1) Any person who commences any work requiring a permit under this chapter on a building, a
40 structure, electrical, gas, mechanical or plumbing system before obtaining the B4uilding U
41 Oefficial's approval or necessary permits shall pay $500.00 for completed construction work
42 that is valued at$5,000.00 or less or, pay $1,000.00 for completed work that is valued at more
43 than $5,000.00 or ten percent of the value of the construction work already completed,
44 whichever is greater. d
45 (2) Before any permit may be issued under subsection (a) of this section, the person, firm or
46 corporation seeking the permit shall, at his own expense provide the building department with
47 the following:
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I a. Drawings sealed by an engineer licensed to practice in the state that certifies that all work
2 already done is in compliance with the Florida Building Code; and
3 b. A certification from an engineer licensed in the state that all steel work is in compliance with
4 the Florida Building Code and relevant state law and that such compliance has been
5 verified through generally accepted engineering practice.
6 Compliance with the engineer certification requirements of this subsection shall neither relieve
7 the person, firm or corporation of fully complying with all other relevant county regulations,
8 county ordinances or state statutes, nor from any penalties prescribed herein.
9 (3) Any person who commences to place fill that requires a permit under this chapter before a
10 obtaining the Bmbuilding Oefficial's approval or necessary permits shall: c
11 a. Pay $500.00 for fill placed over 100 square feet or less of area, or pay $1,000.00 for fill
12 placed over more than 100 square feet of area;
13 b. Pay a mitigation fee to the county's restoration fund of$3.00 per square foot of wetlands area
14 affected; and
15 c. Restore to the original condition and grade those filled areas that cannot be permitted under
16 the Florida Building Code and part II of this Code.
17 (4) Any person who commences to clear lands that require a permit under this chapter or part 11 of
18 this Code before obtaining the Bmbuilding Oefficial's approval or necessary permits shall:
19 a. Pay $500.00 for clearing of 100 square feet or less of land, or pay $1,000.00 for clearing of
20 more than 100 square feet of land; and 0
4-
21 b. Comply with the requirements of section 118-11. c
22 (b) Demolition. In lieu of obtaining an after-the-fact permit or approval from the Bmbuilding Oefficial 2
23 above, the person, firm or corporation may remove all unpermitted work and return the site to its 0
24 original condition. A demolition permit shall be required for all commercial work (regardless of <
25 value), and for residential work when the fair market value of the unpermitted construction work is N
26 $1,000.00 or more. For removal of unpermitted fill, a demolition permit shall be required, the fees
LO
27 and requirements for the demolition permit including payment of mitigation funds shall be the same 17
le-
28 as those for an after-the-fact permit pursuant to subsection (a)(3) of this section. For unpermitted t-
29 land clearing, an after-the-fact permit, not a demolition permit, shall be required pursuant to the U
30 provisions of subsection (a)(4) of this section. �o
31 (c) Unpermitted placement offill and land clearing; after-the-fact permit. 0
32 (1) If land has been cleared in excess of what may be permitted, no building permit shall be issued 0
33 for after-the-fact construction work under this section until the requirements of section 118-11 4--
34 and subsection (a)(4) of this section have been met.
LO
35 (2)If placement of fill has occurred in excess of what may be permitted,no building permit shall be a
36 issued for after-the-fact construction work under this section until the requirements of 2CL
37 subsection (a)(3) of this section have been met. 0
38 (d) Work that is unpermittable. In the event the construction work, land clearing, or placement of fill is U-
39 unpermittable under the Florida Building Code or ffffd part II of this Code, the site shall be restored
40 to its original condition pursuant to subsection (b) of this section. U
41 (e)Appeals. An appeal from any administrative decision made by the Bhuilding Oefficial in enforcing
42 this section shall be pursuant to part 11 of this Code.
43 (f)Emergency exemption. The provisions of this section shall not apply to emergency work when delay
44 clearly would have placed life or property in imminent danger. But in all such cases the required
45 permit must be obtained within three business days and any unreasonable delay in obtaining said
46 permit shall result in the charge of an after-the-fact permit fee as per subsection (a) of this section.
47 The payment of this fee shall not preclude or be deemed a substitute for prosecution for commencing
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I work without first obtaining a permit. The Bbuilding Oefficial may grant extensions of time or
2 waive fees when justifiable cause has been demonstrated in writing.
3
4
5
6 work and any additionall elated to eofn leted eenstmetion work shall not be imposed. if t4e
7 fee(s) has air-ea4 been paid, t4e* d4e eeffflt-y shall r-eimbttr-se �he paFty making �he payme*t. On
8 2
9 'a
0
10 2
11 Sec. 6-111. -Motion picture, commercial and television production. W
12 A special, no-fee permit, is required for construction of temporary facilities and improvements d
U
13 incidental to motion picture, commercial and television production, including, but not limited to, sets, 0
14 stages, tents, and supporting facilities and power. Any such special permit shall require that the site be
15 restored to its original condition and shall state that the permit is not authorization for any work requiring
16 a permit under this chapter or part 11 of this Code.
17
18 Sec. 6-112. - Temporary structures.
19 The Bbuilding Oefficial, or his or her authorized desi _gnee, may issue a special building permit format' issue a special building permit for
20 a limited time of not more than six months for the erection of temporary structures, including but not -
21 limited to sheds, trailers, seats, canopies, tents, and fences used in construction work or for temporary 9=
22 uses and events. Any such permit for temporary uses shall be in compliance with this section and the 2
23 provisions of the Land Development Code, specifically section 130-5, and Chapter 122 if located in 0
24 flood hazard areas. Any structures shall be completely removed upon expiration of the time stated in the <
25 permit, which shall be the minimum amount of time necessary to accommodate the temporary use. In N
26 the event a temporary structure is required for more than six months for a construction-related project,
27 the applicant shall apply for a new special building permit prior to the expiration of the original building
28 permit. is
29 0
30 Sec. 6-113. -New permit required.
31 If work has commenced and the permit is revoked,rescinded,becomes null and void, and/or expires
32 because of lack of progress or abandonment, a new permit covering the proposed construction shall be W
33 obtained before work may lawfully proceed,which may require the payment of after-the-fact fees rather
34 than regular permit fees. The Bbuilding Oefficial may require an on-site inspection,plans, drawings, and
35 other documentation. If the permit was issued under the permit allocation system in part II of this Code,
36 the applicant shall not be issued a permit until awarded an allocation.
37 2
38 Subdivision III. -Inspections and Certificate of Occupancy LL
LL
39 Sec. 6-140. -Required inspections.
40 The Bbuilding Oefficial, upon notification from the permit holder or his or her agent, shall make U
41 inspections required by the Florida Building Code and this chapter and shall either release that portion
42 of construction or shall notify the permit holder or his or her agent of any violations that must be
43 corrected to comply with the Florida Building Code and this chapter. The Bbuilding Qofficial shall
44 determine the timing and sequencing of when inspections occur and what elements are inspected at each <
45 inspection.
46
47 Sec. 6-141. -Inspection service.
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I The Bhuilding Oefficial or his or her authorized designee, may make, or cause to be made, the
2 inspections required by the Florida Building Code and this chapter. He or she may accept reports of
3 department inspectors, independent inspectors or of recognized inspection services, provided that after
4 investigation he or she is satisfied as to their licensing, qualifications and reliability. A certificate
5 required by any provision of this Code general law, or the Florida Building Code shall not be based on
6 such reports unless the same are recorded by the building code inspector or the architect or engineer
7 performing building code inspections in a manner specified by the Bhuilding Oefficial. The Bhuilding
8 Oefficial shall ensure that all persons making such inspections shall be certified in accordance with F.S.
9 ch. 468.
0
10 2
11 Sec. 6-142. -Manufacturers and fabricators. W
12 When deemed necessary by the Bhuilding Oefficial, he or she shall make, or cause to be made, an d
13 inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made
14 of every such examination and inspection and of all violations of the technical codes.
15
16 Sec. 6-143. -Work concealed prior to inspection.
17 If any work is concealed before an inspection has been made and the work approved, no further
18 work shall occur on the site until the work is exposed, inspected and approved by a county inspector or
19 until certification is provided to the Bhuilding Oefficial by an architect or engineer that the concealed
20 work is in conformance with the appropriate code. o
4-
21 c
22 Sec. 6-144. -Inspections prior to issuance of certificate of occupancy. g
23 In addition to the inspection requirements of section 110 4-AS,Florida Building Code,the following 0
24 inspections and inspection elements shall be required as deemed necessary by the Bhuilding Oefficial:
25 (1) N
26
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27
28 made and passed. V_
It-
29 (�Foundation survey. A foundation survey prepared and certified by a registered surveyor shall U
30 be required for all new construction prior to approval of the framing inspection. The survey M
31 shall certify placement of the building on the site, illustrate all surrounding setback dimensions 0
32 and shall be available at the jobsite for review by the building inspector. In lieu of providing a 0
33 survey, the contractor may elect to uncover all property line markers and string-up all property ;
34 lines in preparation for inspection.
35 a
37 c
38 a ,, a o tl.o ; „t t; ,, ; ,.1 0 2
LL
39
40 U
41 m
42
43
44 (2-7) Final inspection requirements.
45 a. After the building or work is completed, final inspections shall be made for every permit
46 for work requiring plan review and approval or related to public health,safety, and welfare,
47 as determined by the Bhuilding Oefficial or his or her authorized designee.gnee. Any permit
48 requiring a final inspection shall be so annotated on the issued permit.
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I b. It is the responsibility of the permit holder to call for a final inspection. Failure to obtain a
2 final inspection shall render the permit null and void and/or expired, if it is not done within
3 the duration limits for the permit as specified in this chapter. The permit holder is subject
4 to code compliance proceedings, if construction is completed and no required final
5 inspection is made. If the permit becomes null and void and/or expired, no further work is
6 authorized without a new permit or approval by the Bmbuilding Oefficial.
7
8 Sec. 6-145. - Certificate of occupancy.
9 A building or structure shall not be used or occupied, and a change in the existing use or occupancX a
10 classification of a building or structure or portion thereof shall not be made, until the Building Official c
LL
11 has issued a certificate of occupancy as set forth in Section 111, Florida Building Code. In addition to
12 the requirements of Section 111,Florida Building Code, the following is required:
13
14
15 (a4) Issuance of certificate of occupancy. Upon completion of construction of a building or structure
16 and installation of electrical, gas, mechanical, and plumbing systems and after final inspections,the
17 134uilding Oefficial shall issue a certificate of occupancy,provided he or she does not find violations
18 of the provisions of the Florida Building Code,this code or other laws, including: :ss„o ^ eet4i foe to
19
20 (1) Was found in compliance with the Florida Building Code and this chapter;
4-
21 (2) Was found in compliance by the Pplanning Ddirector with part 11 of this Code and the c
22 Floodplain Administrator with Chapter 122 of part 11 of the Code; 2
23 (3) Was found in compliance with fire prevention and life and safety codes by the fire marshal, 0
24 where applicable; and 'a
d
25 (4) That any on-site sewage disposal and treatment received an approved final inspection, where N
26 applicable. LO
27 (be) Debris removal. No certificate of occupancy shall be issued unless all construction debris is 17
It-
28 removed from the site. c_
29 (cd) Revocation of certificate of occupancy. The 134uilding Oefficial may revoke any certificate of U
30 occupancy, if a false statement is contained in the permit application upon which the certificate is M
31 issued or if subsequent use does not conform with the land use(zoning)district in which the structure 0
32 is located, or as authorized by the Florida Building Code or pursuant to this chapter.
33 (de) Temporary certificate of occupancy. The Bhuilding Oefficial may issue a temporary certificate ;
34 of occupancy for no more than 12 months for portions of a building that, in his or her determination,
35 may be safely occupied prior to final completion of the building.
36
37 Sees. 6 146 6-1 7. Reserved. c
38 2
39
40 DIVISION 4.—FLORIDA BUILDING CODE AMENDMENTS U
41 The following local amendments to the Florida Building Code are hereby made and incorporated to the Monroe 4,
42 County Code.
43 E
44 Sec. 6-146.-Florida Building Code,Buildine,Administrative Amendments.
45 °
46 (a)Modify Section 107.3.5 as follows for additional flood requirements:
47
48 107.3.5 Minimum plan review criteria for buildings.
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I The examination of the documents by the building official shall include the following minimum
2 criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss
3 layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior
4 elevations:
5
6 Commercial Buildings: Building. [partial shown]
7 8. Structural requirements shall include:
8 Soil conditions/analysis
9 Termite protection
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10 Design loads a
11 Wind requirements c
12 Building envelope
13 Impact resistant coverings or systems
14 Structural calculations (if required) U
15 Foundation
16 Flood requirements in accordance with Section 1612, including lowest floor elevations,
17 enclosures, nonconversion agreement, V-Zone and Coastal A Zone Construction
18 Certification Form, flood damage resistant materials
19 Wall systems
20 Floor systems
21 Roof systems
22 Threshold inspection plan 4-
23 Stair systems c
a
24 g
25 107.3.5 Minimum plan review criteria for buildings. C
26 The examination of the documents by the building official shall include the following minimum
27 criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss
28 layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior CN
Ui
29 elevations:
It-
30 V_
31 U
32 Residential(one- and two-family). [partial shown] 0
33 6. Structural requirements shall include:
34 Wall section from foundation through roof, including assembly and materials connector 0
35 tables wind requirements structural calculations (if required)
36 Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
37 enclosures, nonconversion agreement, V-Zone and Coastal A Zone Construction
38 Certification Form, equipment, and flood damage-resistant materials. E
39 C,
40 c
41 (b) Modify Section 110.3 as follows: c
42 110.3 Required inspections.
43 The building official upon notification from the permit holder or his or her agent shall make the
44 following inspections,and shall either release that portion of the construction or shall notify the permit
45 holder or his or her agent of any violations which must be corrected in order to comply with the E
46 technical codes. The building official shall determine the timing and sequencing of when inspections CU
47 occur and what elements are inspected at each inspection. <
48 Building [partial shown]
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1 1. Foundation inspection. To be made after trenches are excavated and forms erected and shall at a
2 minimum include the following building components:
3 • Stem-wall
4 • Monolithic slab-on-grade
5 • Piling/pile caps
U)
6 0 Footers/grade beams
7 1.1.In flood hazard areas, upon placement of the lowest floor, including basement, and prior to
8 further vertical construction, the FEMA Elevation Certificate elevation ,.ei4ifi,.atier shall be �
9 submitted to the authority having jurisdiction.
10 5. Final inspection. To be made after the building is completed and ready for occupancy. 0
11 5.1.In flood hazard areas, as part of the final inspection,final FEMA Elevation Certificate a f4fial .2
12 eei4ifiea of the lowest floor elevation shall be submitted to the authority having
13 jurisdiction.
U
14
15 Sec. 6-147.—Florida Building Code,Building, Technical Amendments.
16
17 (a) Add a new Sections 1612.4.3, 1612.4.3.1 and 1612.4.3.2 as follows:
18
19 1612.4.3 Minimum and Alternate Engineered Foundation Requirements.Design and construction of
20 foundations in Special Flood Hazard Areas shall be in accordance with the minimum requirements as set
21 forth in 1612.4.3.1 or 1612.4.3.2.
22 -
23 1612.4.3.1 Minimum Foundation Requirements. Design of the foundation system shall be
24 provided by a Geotechnical Engineer registered in the State of Florida in a site-specific
25 geotechnical report submitted per requirements of Section 1803.6. The foundation design shall 0
26 be the more stringent of recommendations of the report and meet the following minimum rt
27 requirements: N
28 1. All structures or building foundations shall be anchored/socketed into natural rock. This `6
29 includes,but is not limited to,auger cast concrete piles,precast concrete piles or wooden piles.
30 2. All concrete piling shall have full depth reinforcing to effectively resist the internal forces
31 induced by the design loads,without failure. U
32 3. All piling shall be anchored to the natural rock with a 14 inch minimum diameter augured 0
33 socket and a minimum embedment of 3 feet.
34 4. The pile foundation support system shall be designed to resist the required lateral loading for C
35 an unsupported height defined by a full scour condition. The construction documents shall
36 include a statement that the design has been completed and certified for a full scour condition
37 for lateral stability to the elevation of the supporting rock and in accordance with ASCE 24. en
38 5. Pile embedment shall include consideration of decreased resistance capacity caused b. scour
39 of soil strata surrounding the piling and have adequate rock penetration to resist the combined C,
40 wave and wind loads (lateral and uplift 0
41 U_
42 1612.4.3.2 Alternate Engineered Foundation Requirements. Acceptance of a designed pile
43 foundation system which deviates from the minimum requirements of Section 1612.4.3.1 will be U
44 considered,provided a site-specific geotechnical investigation is performed,followed by a report
45 certifying the designed foundation system is prepared and submitted by a Geotechnical Engineer
46 registered in the State of Florida,which includes an engineering evaluation and recommendations a
47 for supporting the structure. The geotechnical report shall include the following minimum
48 information:
49 1. The requirements of Section 1803.6 shall be satisfied.
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1 2. Resistance of the foundation system shall be no less than the governing structural design
2 loads. The design loading for the building or structure which is to be supported b. the
3 foundation system, as provided by the engineer of record, shall be included as an attachment.
4 3. A site-specific scour analysis using equations for contraction scour which considers any
5 proposed fill material and final ground elevation upon project completion.An estimated depth
6 of scour shall be provided for each isolated support. For a design considering a full scour
7 condition in the absence of the site-specific analysis,the construction documents shall include
8 a statement that the design has been completed and certified for a full scour condition for
9 lateral stability to the elevation of the supporting rock and in accordance with ASCE 24.
CL
10 4. A certified survey of the subject property which include, but not limited to, the following a
11 information: 2
12 a. Legal description of the property_ U_
13 b. The property owner's name.
14 c. All vertical data specified on the survey shall be referenced to NAVD 88. U
15 d. The location of the property in relation to bordering roads and streets.
16 e. Property boundaries and right-of-wad
17 f. The proposed location of the foundation elements.
18 5. A site plan, which includes a physical feature or reference survey marker indicated on the
19 certified survey, indicating the location, configurations, and minimum depths of foundation
20 elements, and proposed grades. Locations of fill material shall be clearly delineated.
21 The geotechnical report shall be provided to the County for their records. A cover sheet shall be
22 provided,attached to the report submittal,which includes or explicitly references the above items. 4-
23 This report shall consider local scour and all applicable design loads as outlined in the Florida c
C
24 Building Code. Pile embedment shall include consideration of decreased resistance capacity g
25 caused by scour of soil strata surrounding the piling and have soil and/or rock anchored resistance C
26 to resist the design combined wave and wind loads (lateral and uplift).
d
27
28
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29 (b) Add a new Section 1612.4.4 as follows:
30
31 1612.4.4 Additional requirements for enclosed areas. U
t3
32
33 In addition to the requirements of ASCE 24 for new and substantially improved residential buildings 1�
34 (limited to multi-family dwellings, apartment buildings, and condominiums) and lateral additions to C,
35 residential buildings (limited to multi-family dwellings, apartment buildings, and condominiums),
36 enclosed areas below the required elevation shall be not more than 299 square feet in area per dwelling
37 unit.Nonconforming enclosed areas of 299 square feet or more existing on April 12, 2004, shall not be
38 modified,improved, or expanded unless the enclosed areas are brought into compliance.
39CL
40 Sec. 6-148.—Florida Building Code,Residential Technical Amendments. c
41 U_
42 (a)Modify Sections 322.2.2 and 322.2.3 as follows: c�
43 U
44 R322.2.2 Enclosed area below design flood elevation. Enclosed areas, below new and substantially
45 improved one- and two-family dwellings, and below lateral additions to one- and two-family dwellings,
46 including crawl spaces,that are below the design flood elevation shall:
47 1. Be used solely for parking of vehicles,building access or storage.
48 2. Be provided with flood openings that meet the following criteria and are installed in accordance <
49 with Section R322.2.2.1:
50 2.1.The total net area of non-engineered openings shall be not less than 1 square inch(645 mm2)
51 for each square foot (0.093 m2) of enclosed area where the enclosed area is measured on the
52 exterior of the enclosure walls, or the openings shall be designed as engineered openings and the
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I construction documents shall include a statement by a registered design professional that the
2 design of the openings will provide for equalization of hydrostatic flood forces on exterior walls
3 by allowing for the automatic entry and exit of floodwaters as specified in Section 2.7.2.2 of
4 ASCE 24.
5 2.2. Openings shall be not less than 3 inches (76 mm)in any direction in the plane of the wall.
6 2.3 The presence of louvers,blades,screens and faceplates or other covers and devices shall allow
7 the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in
8 the determination of the net open area.
9 3. Shall not be more than 299 square feet except for perimeter wall foundations (crawl/underfloor
CL
10 spaces)with wall heights less than 5 feet. 'a
0
11 4.Nonconforming enclosed areas of 299 square feet or more below one- and two-family dwellings c
12 existing on April 12,2004,shall not be modified,improved, or expanded unless the enclosed area are
13 brought into compliance with this section.
14 U
15 R322.2.3 Foundation design and construction E
16 Foundations walls for buildings and structures erected in flood hazard areas shall meet the requirements
17 of Chapter 4 and R322.2.3.1 or R322.2.3.2. The design and construction of foundations located in flood
18 hazard areas shall be in accordance with Chapter 5 of ASCE 7 and with ASCE 24.
20 _
21 (914 ffiffi)7
22 4-
23 (»,�T c
C
24 g
25 C
26
28
29 (b) Add new sections 322.2.3.1 and 322.2.3.2 as follows: V-
30
31 R322.2.3.1 Minimum Foundation Requirements. Design of the foundation system shall be provided by U
32 a Geotechnical Engineer registered in the State of Florida in a site-specific geotechnical report submitted 0
33 per requirements of Section 1803.6(Florida Building Code, Building). The foundation design shall be the M
34 more stringent of recommendations of the report and meet the following minimum requirements: 0
35 1. All structures or building foundations shall be anchored/socketed into natural rock. This
36 includes, but is not limited to, auger cast concrete piles, precast concrete piles or wooden ;
37 piles.
38 2. All concrete piling shall have full depth reinforcing to effectively resist the internal forces
39 induced by the design loads,without failure.
40 3. All piling shall be anchored to the natural rock with a 14 inch minimum diameter augured a
41 socket and a minimum embedment of 3 feet. c
42 4. The pile foundation support system shall be designed to resist the required lateral loading for U-
43 an unsupported height defined by a full scour condition. The construction documents shall a
44 include a statement that the design has been completed and certified for a full scour condition ..
45 for lateral stability to the elevation of the supporting rock and in accordance with ASCE 24.
46 5. Pile embedment shall include consideration of decreased resistance capacity caused b. scour
47 of soil strata surrounding the piling and have adequate rock penetration to resist the combined
48 wave and wind loads (lateral and uplift
49
50 R322.2.3.2 Alternate Engineered Foundation Requirements.Acceptance of a designed pile foundation
51 system which deviates from the minimum requirements of Section R322.2.3.1 will be considered,
52 provided a site-specific geotechnical investigation is performed, followed by a report certifying the
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I designed foundation system is prepared and submitted to the County by a Geotechnical En ig neer
2 registered in the State of Florida, which includes an engineering evaluation and recommendations for
3 supporting the structure. The geotechnical report shall include the following minimum information:
4 1. The requirements of Section 1803.6 (Florida Building Code, Building) shall be satisfied.
5 2. Resistance of the foundation system shall be no less than the governing structural design
6 loads. The design loading for the building or structure which is to be supported by
7 foundation system, as provided by the engineer of record, shall be included as an attachment.
8 3. A site-specific scour analysis using equations for contraction scour which considers any
9 proposed fill material and final ground elevation upon project completion.An estimated depth
CL
10 of scour shall be provided for each isolated support. For a design considering a full scour a
11 condition in the absence of the site-specific analysis,the construction documents shall include c
12 a statement that the design has been completed and certified for a full scour condition for
13 lateral stability to the elevation of the supporting rock and in accordance with ASCE 24.
14 4. A certified survey of the subject property which include, but not limited to, the following U
15 information: E
16 a. Legal description of the property.
17 b. The property owner's name.
18 c. All vertical data specified on the survey shall be referenced to NAVD 88
19 d. The location of the property in relation to bordering roads and streets.
20 e. Property boundaries and right-of-wad
21 f. The proposed location of the foundation elements.
22 5. A site plan, which includes a physical feature or reference survey marker indicated on the 4-
23 certified survey, indicating the location, configurations, and minimum depths of foundation c
C
24 elements, and proposed grades. Locations of fill material shall be clearly delineated. g
25 The geotechnical report shall be provided to the County for their records. A cover sheet shall be C
26 provided,attached to the report submittal,which includes or explicitly references the above items.
d
27 This report shall consider local scour and all applicable design loads as outlined in the Florida
28 Building Code. Pile embedment shall include consideration of decreased resistance capacity N
29 caused by scour of soil strata surrounding the piling and have soil and/or rock anchored resistance V_
30 to resist the design combined wave and wind loads (lateral and uplift). V_
U
31 U
32 (c)Modify Sections 322.3.3 and 322.3.6 as follows:
33 T �
0
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34 R322.3.3 Foundations.
35 Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on
36 pilings or columns and shall be adequately anchored to such pilings or columns. The space below the
37 elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the
38 requirements of Section R322.3.5. Pilings shall have adequate soil penetrations to resist the combined
39 wave and wind loads (lateral and uplift). Water-loading values used shall be those associated with the 'a
40 design flood. Wind-loading values shall be those required by this code. Pile embedment shall include 0
41 consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Pile
42 systems design and installation shall be certified in accordance with Section R322.3.9.
43 U
44 afe wqttir-ed in aeear-danee with Seetion R401.4 indieate that sail fnater-ial tmder-the spread feeting, mat, a
45
46
47 ^c�4. A foundation design shall be in accordance with Section R322.2.3.1 or R322.2.3.2. The design
48 and construction of foundations located in coastal high hazard areas,including Coastal A zones, shall be
49 in accordable with Chapter 5 of ASCE 7 and with ASCE 24.
50 &ieeptiea: la Coastal A Zones,stem wail 99tmdations s"pei4iag a flear-system above and baekfilled
51 with soil or-grwvel to the tmder-side of the flear- system shall be pefmit4ed provided the gqtmdatieas
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3 the less of sag-.
5 R322.3.6 Enclosed areas below design flood elevation.
6 Enclosed areas below the design flood elevation shall not be more than 299 square feet and shall be used U
7 solely for parking of vehicles,building access or storage.
8
9
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10 c
11 Sec. 6-149.—Florida Building Code, Existing Building Technical Amendments c
12
13 (a)Modify Section 503.2 as follows:
14 U
15 [BS] 503.2 Flood hazard areas. S
16 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida Building
17 Code, Building, or Section R322 of the Florida Building Code, Residential, as applicable, any alteration
18 that constitutes substantial improvement of the existing structure shall comply with the flood design
19 requirements for new construction, and all aspects of the existing structure shall be brought into
20 compliance with the requirements for new construction for flood design.
21 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida Building ,-
22 Code, Building, or Section R322 of the Florida Building Code,Residential, as applicable, alterations �
23 that do not constitute substantial improvement of the existing structure are not required to comply with g
24 the flood design requirements for new construction, except any exterior replacement mechanical, 0
25 plumbing and electrical systems, equipment and components shall be required to be located at or above
26 the base flood elevation identified on the FIRM that was effective when the building was originally CN
27 permitted. If the lowest floor of an existing building is located below the base flood elevation identified
28 on the FIRM that was effective when the building originally_permitted, the replacement mechanical,
29 plumbing and electrical systems, equipment and components shall be located to or above the lowest floor T-
30 elevation of the building. U
31 0
32 (b) Modify Section 701.3 as follows:
33
CL
34 [BS] 701.3 Flood Hazard Areas
35 In flood hazard areas, alterations that constitute substantial improvement shall require that the building
36 comply with Section 1612 of the Florida Building Code,Building,or Section R322 of the Florida Building
37 Code, Residential, as applicable. Alterations that do not constitute substantial improvement shall be a
38 required to have any exterior replacement mechanical, plumbing and electrical systems, equipment and 2
C,
39 components located at or above the base flood elevation identified on the FIRM that was effective when c
40 the building was originally permitted. If the lowest floor of an existing building is located below the base c
41 flood elevation identified on the FIRM that was effective when the building originally_permitted, the
42 replacement mechanical,plumbing and electrical systems, equipment and components shall be located to
U
43 or above the lowest floor elevation of the building.
44 u
45
46
47
48
49 IV. STAFF RECOMMENDATION
50
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I Approval
2
3 V. EXHIBITS
4
5 Exhibit 1 —DEM's State Floodplain Management Office - Model Floodplain Management Ordinance
6 Exhibit 2—Flood Resistant Provisions in the 7 h Edition Florida Building Code (2020)
7 Exhibit 3 —HIGHLIGHTS OF ASCE 24-14 Flood Resistant Design and Construction
8 Exhibit 4 — FEMA Policy 4104-008-03: Floodplain Management Requirements for Agricultural
9 Structures and Accessory Structures
10 Exhibit 5 — DEM's State Floodplain Management Office - Florida Guidance for At-grade wet 2
11 floodproofed Accessory Structures in Flood Hazard Areas
12 Exhibit 6 —Marathon Floodplain Management Ordinance 2018-05
13 Exhibit 7 —Marathon Floodplain Management Ordinance 2021-06
14 Exhibit 8 —Layton Floodplain Damage Prevention Chapter 114 - Ordinance 2018-09-03
15 Exhibit 9 —Layton Floodplain Damage Prevention Ordinance 2021-04-01
16 Exhibit 10 —Key West Floodplain Management— Chapter 34 Article II
17 Exhibit 11 —Key Colony Beach Floodplain Management Article - Ordinance 2018- 456A
18 Exhibit 12 —Monroe County Resolution 193-2014—Implementation Plan (Remedial Plan)
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Exhibit 1
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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 0
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 d
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, E
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
health, safety and general welfare, and
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 a
body) desires to continue to meet the requirements of Title 44 Code of Federal Regulations,
Sections 59 and 60, necessary for such participation; and 0
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
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 0
Florida Building Code.
0
NOW, THEREFORE, BE IT ORDAINED by the (community's governing body) of
(na a of community)that the following floodplain management regulations are hereby adopted.
2
X
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
c�
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 0
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:
(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; -
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
0
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;
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas; 0
(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.
X
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.
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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.
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
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. Studies and maps that establish flood
hazard areas are on file at the (Off ice/agency and address). -
a
102.4 Submission of additional data to establish flood hazard areas. To establish flood 2
hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the Floodplain 0
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 S
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 0
the Florida Building Code. U-
(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 0
removes the area from the special flood hazard area.
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.
103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce 0
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 c,
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.
103.3 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; -
(2) Review applications for modification of any existing development in flood hazard areas for a
compliance with the requirements of this ordinance; 0.
0
(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; 0
(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
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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(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 S
or repair of substantial damage; 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
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
granting of a variance pursuant to Section 107 of this ordinance.
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. 0
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.
103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
other duties, including but not limited to: 0
(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 103.4 of this ordinance;
It-
(2) 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);
(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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(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
make available for public inspection all records that are necessary for the administration of this 0
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
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 public inspection at (location and instructions to
request access, if applicable).
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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,
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. 0
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 0
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 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 0
floor constructed of granite, marble, or reinforced concrete. 2
(8) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system. U
(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
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.
The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval. 0
a
(2) Describe the land on which the proposed development is to be conducted by legal 2
description, street address or similar description that will readily identify and definitively 0
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
this ordinance.
(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.
0
It-
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.
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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
381.0065, F.S. and Chapter 64E-6, F.A.C. 0
(3) Florida Department of Environmental Protection for construction, reconstruction, changes,
or physical activities for shore protection or other activities seaward of the coastal d
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
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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SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS CL
0
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:
(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.
0
(2) 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 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
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 E
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 S
development is such that the review of such submissions is not necessary to ascertain compliance
with this ordinance. 0
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 d
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
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
or other source.
(3) Where base flood elevation and floodway data are not available from another source, 0
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
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.
(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.
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:
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(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
the altered watercourse shall be maintained in a manner which preserves the channel's 0
flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in
Section 105.4 of this ordinance.
(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
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 a
fees shall be the responsibility of the applicant. 2
0
SECTION 106 INSPECTIONS
106.1 General. Development for which a floodplain development permit or approval is required
shall be subject to inspection.
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 0
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
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 E
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 0
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. d
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
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
construction requirements of the Florida Building Code. This section does not apply to Section
3109 of the Florida Building Code, Building. -
a
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 0
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)
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 0
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. 2
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107.4 Restrictions in floodways. A variance shall not be issued for any proposed development
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:
(1) The danger that materials and debris may be swept onto other lands resulting in further 0
injury or damage;
(2) The danger to life and property due to flooding or erosion damage; d
(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;
(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 0
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
(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. 0
107.8 Conditions for issuance of variances. Variances shall be issued only upon:
0
(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:
4i
(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.
0
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
ordinance or the Florida Building Code is presumed to be a violation until such time as that
documentation is provided.
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 2
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
prescribed by law(or insertspecific reference to state or local law).
ARTICLE II DEFINITIONS 0
SECTION 201 GENERAL
0
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.
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.
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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 0
flood" or the 1-percent-annual chance flood." 2
W
Base flood elevation. The elevation of the base flood, including wave height, relative to the d
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)".]
Coastal construction control line. The line established by the State of Florida pursuant to
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, -
storm waves or other predictable weather conditions. a
Coastal high hazard area. A special flood hazard area extending from offshore to the inland 0
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.
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 202.] 0
(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 2
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 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 0
community's first floodplain management ordinance was adopted). _
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 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. 0
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.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year. 0
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
X
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.] E
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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 0
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
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.
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 unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing -
facilities. a
Highest adjacent grade. The highest natural elevation of the ground surface prior to 0
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.
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: 0
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 2
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
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 0
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 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
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.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into -
two or more manufactured home lots for rent or sale. a
Market value. The price at which a property will change hands between a willing buyer and a 0
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
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 2
ordinance was adopted) 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 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
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, 0
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
installation of piles, or 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 main buildings. For a 0
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
percent of the market value of the building or structure before the damage occurred. [Also defined
in FBC, B Section 202.]
0
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 building or structure before the improvement or repair is started. If the 0
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
defined in FBC, B, Section 202.]
X
(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. 0
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.
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
restrictive applicable requirements of the Florida Building Code, Building Section 3109
and Section 1612 or Florida Building Code, Residential Section R322.
(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. a
SECTION 302 SUBDIVISIONS 0
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
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water 0
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, 0
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
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,
adequate drainage paths shall be provided to guide floodwaters around and away from 0
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
impairment of the facilities and systems.
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. 0
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.
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. 0
303.6 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 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.
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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 CL
requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. 0
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.
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.
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 0
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
(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 0
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
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.
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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 S
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, 0
rooms, stairs, decks and porches.
W
305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the d
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
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
during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
0
306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation a
requirements of Section 306.3 of this ordinance shall:
0
(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).
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.
It-
Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
x
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
address life safety and electric code requirements is permitted below the design flood 0
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
limitations of Section 303.4 of this ordinance.
307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse 0
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,
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, 0
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; 0
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
X
(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.
0
(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
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
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
0
(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 S
systems or mound systems.
307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: 0
(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. a
(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.
(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 0
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, E
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 6. EFFECTIVE DATE.
This ordinance shall take effect on (insert ate). -
PASSED on first reading (insert ate).
0
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
(Chief Elected Officer)
ATTEST:
0
T-
(Manager/Clerk)
x
APPROVED AS TO FORM:
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(Attorney)
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Exhibit 2
S.5.e
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.
CL
Copyright 2020, International Code Council, Inc., Washington, D.C. Reproduced with permission. All a
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
Building(7h Edition),Florida Building Code,Mechanical(7h Edition),Florida Building Code,Plumbing
(7h Edition),Florida Building Code,Fuel Gas(7h Edition). U
Available online:hLtps://www.floridadisaster.org/dern/Mitigation/floodlain/(Community Resources).
CONTENTS:
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FBC, Building .....................................................................................1
FBC, Residential ..............................................................................21
4-
FBC Existing Building 31
FBC, Mechanical, Plumbing, Fuel Gas ..................................................36
N
Summary of Most Significant Changes from the 6th Ed. FBC N
0
1. FBC, Building. U)i
a. Modified ASCE 24, Section 9.6 Pools, to permit equipment for pools, spas and water features g
below the required elevation if elevated to the extent practical, anchored, and supplied by branch
circuits with ground-fault circuit interrupter protection. c
CL
b. Modified Section 2702.1.7 to clarify where new essential electrical systems generators are a
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 i
hookup of temporary generators are provided, the connections shall be located at or above the LU
elevation required in ASCE 24.
2. FBC, Residential.
t3
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 N
practical, anchored, and supplied by branch circuits with ground-fault circuit interrupter protection.
2
b. New R322.3.4: Moves and clarifies requirements for concrete slabs in coastal high hazard areas
LU
(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.
Packet Pg.4925
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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.
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Note: Sections 101.2 and 102.2 are shown so that floodplain administrators who are not 0
familiar with the code see which buildings are subject to the FBC, Building, FBC, LL
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
demolition of every building or structure or any appurtenances connected or attached to such buildings or
structures.
Exceptions:
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 0
with the Florida Building Code, Residential. a
2. Code requirements that address snow loads and earthquake protection are pervasive; they are
CL
left in place but shall not be utilized or enforced because Florida has no snow load or c
earthquake threat.
SECTION 102 APPLICABILITY
N
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, N
alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and c
demolition of every public and private building, structure or facility or floating residential structure, or any Zi
appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, a
repairs and changes of use or occupancy group in all buildings and structures shall comply with the .2
provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and
facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall
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. i
(c) Nonresidential farm buildings on farms.
(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
(Sections 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall U
apply to such mobile or modular structures.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, N
which are directly involved in the generation, transmission, or distribution of electricity.
(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
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3. Is not connected to an off-site electric power or water supply.
0
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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.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not constitute an alteration.
(2)A relocated building shall comply with wind speed requirements of the new location, using the
appropriate wind speed map. If the existing building was manufactured in compliance with the
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 -
Code(after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. a
(3)A relocated building shall comply with the flood hazard area requirements of the new location, if III CL
applicable.
SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL
N
[A] 104.2.1 Determination of substantially improved or substantially damaged existing buildings N
and structures in flood hazard areas. Reserved. 0
i
[A] 104.10.1 [Modifications] Flood hazard areas. Reserved.
c
SECTION 105 PERMITS
0
[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, 0
enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, u_
mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such
work to be performed, shall first make application to the building official and obtain the required permit.
105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an U�
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 N
architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise
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 E
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
CL
are to remain on the site or plot. The building official is authorized to waive or modify the requirement for
a site plan where the application for permit is for alteration or repair or where otherwise warranted. 0
[A] 107.2.6.1 [Site Plan] Design flood elevations.Where design flood elevations are not specified, they III
shall be established in accordance with Section 1612.3.1.
t3
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; E
flashing; and rough opening dimensions; and all exterior elevations:
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Commercial Buildings: [partial shown]
Building
1. Site requirements:
Flood hazard areas, flood zones, and design flood elevations -
8. Structural requirements shall include: a
Flood requirements in accordance with Section 1612, including lowest floor elevations, E
enclosures, flood damage-resistant materials 0
Electrical
8. Design flood elevation
Plumbing N
14. Design flood elevation N
Mechanical 0
16. Design flood elevation Zi
Gas U)
10. Design flood elevation E
Residential (one-and two-family): [partial shown] 0
6. Structural requirements shall include:
Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, 0
equipment, and flood damage-resistant materials
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
shall state that the plans conform to the laws as to egress, type of construction and general arrangement U�
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 N
official may without any examination or inspection accept such affidavit, provided the architect or engineer
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 E
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
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[A] 110.3 Required inspections. The building official upon notification from the permit holder or his or 0
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: E
Stem-wall
Monolithic slab-on-grade
Piling/pile caps
-Footers/grade beams
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 -
jurisdiction. a
6. Final inspection. To be made after the building is completed and ready for occupancy. E
6.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor 0
elevation shall be submitted to the authority having jurisdiction.
[A] 110.3.3 [Required inspections] Lowest floor elevation. Reserved. cN
cN
[A] 110.3.11.1 [Final inspection] Flood hazard documentation. Reserved. 0
i
SECTION 111 CERTIFICATE OF OCCUPANCY
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[A] 111.2 [Certificate of Occupancy] Certificate issued. After the building official inspects the building
or structure and does not find violations of the provisions of this code or other laws that are enforced by
0-
the department of building safety, the building official shall issue a certificate of occupancy that contains
the following: [partial shown] 0
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
jurisdiction
SECTION 117 VARIANCES IN FLOOD HAZARD AREAS
t3
117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance procedures N
adopted in the local floodplain management ordinance shall apply to requests submitted to the building
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.
E
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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.
0
[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 0
level)on all sides. This definition of"Basement" is limited in application to the provisions of Section 1612. E
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.
[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
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 -
a FIRM, or(b)designated by the authority having jurisdiction. C
[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 c
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.
N
[BS] DESIGN FLOOD. The flood associated with the greater of the following two areas: N
0
1. Area with a flood plain subject to a 1-percent or greater chance of flooding in any year. Zi
2. Area designated as a flood hazard area on a community's flood hazard map, or otherwise legally
designated. U,
[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 0
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 1
2 feet(610 mm).
[BS] DRY FLOODPROOFING. A combination of design modifications that results in a building or
structure, including the attendant utilities and equipment and sanitary facilities, being water tight with walls U
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
which a legal building permit has been issued.
4i
[BS] EXISTING STRUCTURE.A structure erected prior to the date of adoption of the appropriate code,
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.
[BS] FLOOD HAZARD AREA. The greater of the following two areas: 0
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.
[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
(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 c
elevation more than a designated height. g
HISTORIC BUILDINGS. Buildings that are listed in or eligible for listing in the National Register of Historic 0
Places, or designated as historic under an appropriate state or local law(see Chapter 12 of the Florida
Existing Building Code).
[BS] LIMIT OF MODERATE WAVE ACTION. Line shown on FIRMs to indicate the inland limit of the 1 Y2- Q
N
foot(457 mm) breaking wave height during the base flood. >
0
LOCAL FLOODPLAIN MANAGEMENT ORDINANCE. An ordinance or regulation adopted pursuant to Zi
the requirements in Title 44 Code of Federal Regulations, Parts 59 and 60 for participation in the National
Flood Insurance Program. A
[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
storage provided that such enclosure is not built so as to render the structure in violation of Section 1612. 0
[BS] SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood u_
Insurance Rate Map or other flood hazard map as Zone A,AE,Al-30, A99, AR, AO, AH, V, VO, VE, or
V1-30.
[BS] START OF CONSTRUCTION. The date of issuance for new construction and substantial i
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 c_
actual start of construction means the first placement of permanent construction of a building (including a
manufactured home)on a site, such as the pouring of a slab or footings, installation of pilings or
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
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:
1. Any project for improvement of a building required to correct existing health, sanitary or safety 0
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 U
continued designation as a historic structure.
CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY
SECTION 449 HOSPITALS
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449.4.2.2 Site standards.
449.4.2.2.1 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, or to the height of a
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 0
Agency(FEMA), United States Army Corps of Engineers(USACE), and the National Weather Service
(NWS), whichever is higher.
N
449.4.2.2.2 For all existing facilities, the lowest floor elevations of all additions, and all patient support N
areas including food service, and all patient support utilities, including mechanical, and electrical (except c
fuel storage as noted in Section 449.4.2.9.3 of this code)for the additions shall be at or above the i
elevation of the existing building, if the existing building was designed and constructed to comply with
either the site standards of Section 449.4 of this code or local flood-resistant requirements, in effect at the g
time of construction, whichever requires the higher elevation, unless otherwise permitted by Section 1612 .5
of this code. If the existing building was constructed prior to the adoption of either the site standards of c
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 0
meet the requirements of Section 449.4.2.2.1 of this code or be designed and constructed to meet the dry u_
flood proofing requirements of Section 1612 of this code.
449.4.2.2.3 Substantial improvement, as defined by Section 1612 of this code, to all existing facilities
located within flood areas as defined in Section 1612 of this code or within a Category 3 surge inundation U�
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
Sea, Lake, and Overland Surge (SLOSH)from Hurricanes model developed by the Federal Emergency 0
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 E
either the site standards of Section 450.4 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
of this code. If the existing building was constructed prior to the adoption of either the site standards of
Section 450.4 of this code or local flood-resistant requirements, then the addition and all resident support
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 -
flood proofing requirements of Section 1612 of this code. C
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450.4.2.2.3 Substantial improvement, as defined by Section 1612 of this code, to all existing facilities
located within flood areas as defined in Section 1612 of this code or within a Category 3 surge inundation
zone as described in Section 450.4.2.2.1 of this code, shall be designed and constructed in compliance
with Section 1612 of this code. N
N
450.4.2.2.4 Where an off-site public access route is available to the new facility at or above the base flood 0
elevation, a minimum of one on-site emergency access route shall be provided that is located at the same Zi
elevation as the public access route.
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SECTION 453 EDUCATIONAL FACILITIES °A
0
L_
453.4.2 Flood-resistant construction. Educational facilities in flood hazard areas shall comply with
ASCE 24. c
c
453.10.9 School site master plan. New schools shall include, as applicable:facility design capacity;
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.
i
U
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, N
with concurrence of the local emergency management agency or the DEM.
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.
E
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.
2. A temporary pool may not be regulated as a public pool. Such pool shall be regulated as a private 0
swimming pool under Section 454.2.
W
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 E
construction and design features shall be proven to function adequately, effectively and without excessive
maintenance and operational difficulties.
454.2.4.2.1 Flood hazard areas. Private swimming pools installed in flood hazard areas established in E
Section 1612.3 shall comply with Section 1612.
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CHAPTER 8 INTERIOR FINISHES a
c
801.5 [General]Applicability. For buildings in flood hazard areas as established in Section 1612.3,
interior finishes, trim and decorative materials below the elevation required by Section 1612 shall be
flood-damage-resistant-materials.
N
CHAPTER 12 INTERIOR ENVIRONMENT N
0
1203.4 [Ventilation] Under-floor ventilation. Zi
1203.4.2 Exceptions. The following are exceptions to Sections 1203.4 and 1203.4.1:
5. For buildings in flood hazard areas as established in Section 1612.3, the openings for under- E
floor ventilation shall be deemed as meeting the flood opening requirements of ASCE 24 provided
that the ventilation openings are designed and installed in accordance with ASCE 24. 0-
CHAPTER 14 EXTERIOR WALLS c
c
[BS] 1403.6 [Performance Requirements] Flood resistance. For buildings in flood hazard areas as
established in Section 1612.3, exterior walls extending below the elevation required by Section 1612 shall
be constructed with flood-damage-resistant materials.
U
i
[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 N
Section 1612.3, electrical, mechanical and plumbing system components shall not be mounted on or
penetrate through exterior walls that are designed to break away under flood loads.
X
CHAPTER 16 STRUCTURAL DESIGN ;
1601.1 [General] Scope. The provisions of this chapter shall govern the structural design of buildings, E
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
CL
established in Section 1612.3, the documentation pertaining to design, if required in Section 1612.5, shall
be included and the following information, referenced to the datum on the community's Flood Insurance 0
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. cr
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 E
lowest horizontal structural member of the lowest floor, including the basement.
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SECTION 1605 LOAD COMBINATIONS
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 -
of ASCE 7 shall be used.Where self-straining loads, T, are considered in design, their structural effects in a
combination with other loads shall be determined in accordance with Section 2.3.4 of ASCE 7.Where an E
ice-sensitive structure is subjected to loads due to atmospheric icing, the load combinations of Section 0
2.3.3 of ASCE 7 shall be considered.
1605.3.1.2 [Load combinations using allowable stress design] Other loads.Where flood loads, Fa, N
are to be considered in design, the load combinations of Section 2.4.2 of ASCE 7 shall be used. Where N
self-straining loads, T, are considered in design, their structural effects in combination with other loads 0
shall be determined in accordance with Section 2.4.4 of ASCE 7.Where an ice-sensitive structure is Zi
subjected to loads due to atmospheric icing, the load combinations of Section 2.4.3 of ASCE 7 shall be
considered. E
1605.3.2.1 [Alternative basic load combinations] Other loads.Where F, H or Tare to be considered in 0
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 0
shall be determined in accordance with Section 2.4.4 of ASCE 7.
i
SECTION 1612 FLOOD LOADS
1612.1 General.Within flood hazard areas as established in Section 1612.3, all new construction of
t3
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 N
the effects of flood hazards and flood loads. For buildings that are located in more than one flood hazard
area, the provisions associated with the most restrictive flood hazard area shall apply.
x
1612.1.1 Cross references. See Table 1612.1.
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STRUCTURAL DESIGN
TABLE 1612.1
CROSS REFERENCES DEFINING FLOOD-RESISTANT PROVISIONS OF THE FLORIDA BUILDING CODE �y
Florida Building Code—Building
Section Section
Chapter 1 Administration Chapter 14 Exterior Walls
102 Applicability 1403 Performance Requirements ,
CL
105 Permits
0
107 Construction Documents Chapter 16 Structural Design 0
110 Inspections 1601 General
111 Certificates of Occupancy and Completion 1603 Construction Documents
117 Variances in Flood Hazard Areas 1605 Load Combinations X�
U
1612 Flood Loads 0
Chapter 2 Definitions A=
202 Definitions Chapter 18 Soils and Foundations 9=
1804 Excavation,Grading and Fill 0)
E
Chapter 4 Special Detailed Requirements Based on Use and 1805 Dampproofing and Waterproofing
Occupancy Qp
U
449 Hospitals �
450 Nursing Homes Chapter 27 Electrical
453 Educational Facilities 2702 Emergency and Standby Power Systems
454 Swimming Pools and Bathing Places 0
(Public And Private) -
Chapter 30 Elevators and Conveying Systems 9=
Chapter 8 Interior Finishes 3001 General 2
801 General 1L
Chapter 31 Special Construction
Chapter 12 Interior Environment 3102 Membrane Structures
1203 Ventilation 3109 Coastal Construction Control Line
CN
Florida Building Code—Residential N
Section Section 0
Chapter 2 Definitions Chapter 20 Boilers and Water Heaters
202 Definitions M Boilers 2001 U)9=
0
Chapter 3 Building Planning Chapter 22 Special Piping and Storage Systems '>
R301 Design Criteria M2201 Oil Tanks 0-
R309 Garages and Carports CL
R322 Flood-Resistant Construction Chapter 24 Fuel Gas 0
G2404(301) General
Chapter 4 Foundations
R401 General Chapter 26 General Plumbing Requirements UJI
R404 Foundation and Retaining Walls P2601 General
R408 Under FloorSpace
Chapter 27 Plumbing Fixtures U
Chapter 13 General Mechanical System Requirements P2705 Installation
M1301 General N
Chapter 30 Sanitary Drainage _
Chapter 14 Heating and Cooling Equipment P3001 General
X
M1401 General UJI
Chapter 31 Vents
Chapter 16 Duct Systems P3101 Vent Systems GS
M1601 Duct Construction
U
(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 0
Florida Building Code—Residential
Section Section
Chapter 17 Combustion Air Chapter 45 Private Swimming Pools ,
M1701 General R4501 General CL
0
0
Florida Building Code—Existing Building
Section Section
Chapter 2 Definitions Chapter 7 Alterations—Level I
202 Definitions 701 General L)
L59
Chapter 3 Compliance Methods Chapter 11 Additions
301.1 General 1103 Structural
as
E
Chapter 4 Repairs Chapter 12 Historic Buildings M
as
' 401 General 1201 General
406 Structural M
Chapter 13 Relocated or Moved Buildings
Chapter 5 Prescriptive Compliance Method 1302 Requirements 0
502 Additions -
' 503 Alterations Chapter 14 Performance Compliance Methods C=
1401 General 2
l
Florida Building Code—Mechanical
Section Section
Chapter 3 General Regulations Chapter 6 Duct Systems �w
M301 General M602 Plenums N
4e8
M603 Duct Construction and Installation N
Chapter 4 Ventilation 0
M401 General Chapter 12 Hydronic Piping
M1206 Piping Installation �
Chapter 5 Exhaust Systems 0
U)
M501 General Chapter 13 Fuel Oil Piping and Storage
M1305 Fuel Oil System Installation 0-
1L
Florida Building Code—Plumbing 0
Section _
Chapter 3 General Regulations
P309 Flood Hazard Resistance
Florida Building Code—Fuel Gas
Section L)
Chapter 3 General Regulations
FG301 General C14
a.+
Z
X
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.
DRY FLOODPROOFING. c
c
EXISTING STRUCTURE.
FLOOD or FLOODING.
FLOOD DAMAGE-RESISTANT MATERIALS. d
FLOOD HAZARD AREA.
FLOOD INSURANCE RATE MAP (FIRM).
FLOOD INSURANCE STUDY.
F LOO DWAY.
LOWEST FLOOR.
SPECIAL FLOOD HAZARD AREA.
START OF CONSTRUCTION.
SUBSTANTIAL DAMAGE.
SUBSTANTIAL IMPROVEMENT.
4-
0
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing a
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 0
Federal Emergency Management Agency.
1612.3.1 Design flood elevations.Where design flood elevations are not included in the flood N
hazard areas established in Section 1612.3, or where floodways are not designated, the building N
official is authorized to require the applicant to: c
1. Obtain and reasonably utilize any design flood elevation and floodway data available from a Zi
federal, state, or other source; or
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.
Determinations shall be undertaken by a registered design professional who shall document c
that the technical methods used reflect currently accepted engineering practice.
0
c
1612.3.2 Determination of impacts. In riverine flood hazard areas where design flood elevations u_
are specified but floodways have not been designated, the applicant shall provide a floodway
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.
U
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 N
Chapter 5 of ASCE 7 and with ASCE 24.
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 E
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
CL
systems, and their associated electrical systems shall comply with Chapter 7.
Exception: Equipment for pools, spas and water features shall be permitted below the elevation c
c
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.
U
0
1612.5 Flood hazard documentation. The following documentation shall be prepared and sealed by a S
registered design professional and submitted to the building official:
1. For construction in flood hazard areas other than coastal high hazard areas or coastal A zones: E
1.1. The elevation of the lowest floor, including the basement, as required by the lowest floor
elevation inspection in Section 110.3, Building, 1.1 and for the final inspection in Section 110.3,
Building, 5.1.
1.2. For fully enclosed areas below the design flood elevation where provisions to allow for the
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 -
provide for equalization of hydrostatic flood forces in accordance with Section 2.7.2.2 of ASCE a
24. g
1.3 For dry floodproofed nonresidential buildings, construction documents shall include a 0
statement that the dry floodproofing is designed in accordance with ASCE 24.
2. For construction in coastal high hazard areas and coastal A zones:
2.1. The elevation of the bottom of the lowest horizontal structural member as required by the N
lowest floor elevation inspection in Section 110.3, Building, 1.1 and for the final inspection in N
Section 110.3, Building, 5.1. 0
2.2. Construction documents shall include a statement that the building is designed in Z i
accordance with ASCE 24, including that the pile or column foundation and building or structure
to be attached thereto is designed to be anchored to resist flotation, collapse and lateral E
movement due to the effects of wind and flood loads acting simultaneously on all building °A
components, and other load requirements of Chapter 16. c
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 0
that the breakaway wall is designed in accordance with ASCE 24. u_
CHAPTER 18 SOILS AND FOUNDATIONS
1801.1 [General] Scope. The provisions of this chapter shall apply to building and foundation systems. U�
1804.4 [Excavation, Grading and Fill] Site grading.The ground immediately adjacent to the foundation N
shall be sloped away from the building at a slope of not less than one unit vertical in 20 units horizontal
(5-percent slope)for a minimum distance of 10 feet(3048 mm)measured perpendicular to the face of the
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 E
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.
CL
2. In floodways, unless it has been demonstrated through hydrologic and hydraulic analyses
performed by a registered design professional in accordance with standard engineering practice 0
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
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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 E
encroachment, will not increase the design flood elevation more than 1 foot(305 mm)at any
point.
1805.1.2.1 Dam roofin and Waterproofing; Under-floors ace Flood hazard areas. For buildings
E
I PP 9 P 9� space] 9
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 -
on at least one side. a
Exception: Under-floor spaces of Group R-3 buildings that meet the requirements of FEMA TB 11. E
0
CHAPTER 27 ELECTRICAL
[F] 2702.1.8 [Emergency and Standby Power Systems; Installation] Group 1-2 Occupancies. In N
Group 1-2 occupancies located in flood hazard areas established in Section 1612.3, where new essential N
electrical systems generators are installed, and where new essential electrical system generators are 0
installed, the systems and generators shall be located and installed in accordance with ASCE 24.Where Zi
connections for hookup of temporary generators are provided, the connections shall be located at or
above the elevation required in ASCE 24. E
0
CHAPTER 30 ELEVATORS AND CONVEYING SYSTEMS
0
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3001.2 [General] Referenced standards. Except as otherwise provided for in this code, the design, u_
construction, installation, alteration, repair and maintenance of elevators and conveying systems and their
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
may grant variances and waivers to the Elevator Safety Code as authorized by the Safety Code for U�
Elevators and Escalators(ASME Al7.1, Section 1.2)and Florida Statutes(Chapter 120 and Chapter
399.) cN
CHAPTER 31 SPECIAL CONSTRUCTION
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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
habitable structures and structures that are not habitable structures if located in whole or in part in special 0
flood hazard areas established in Section 1612.3.
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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 0
structures, provided all of the following apply to the modification, maintenance, or repair: S
1. Is within the limits of the existing foundation.
2. Does not require, involve or include any additions to, or repair or modification of, the existing E
foundation.
3. Does not include any additions or enclosures added, constructed, or installed below the lowest
floor or deck.
AdvisoryNote. If the modification or repair is determined to be substantial improvement or E
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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 -
applicable to flood hazard areas shall apply. a
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3109.1.2 Approval prior to construction.An environmental permit from the Florida Department of C
Environmental Protection is required prior to the start of construction.When issued, a copy of the
environmental permit shall be submitted to the building official. The environmental permit may
impose special siting considerations to protect the beach-dune system, proposed or existing N
structures, and public beach access, and may condition the nature, timing and sequence of N
construction of permitted activities to provide protection to nesting sea turtles and hatchlings and 0
their habitat, including submittal and approval of lighting plans. Zi
3109.1.3 Elevation certification. As part of the permit process, upon placement of the lowest E
horizontal structural member of the lowest floor and prior to further vertical construction, certification °A
of the elevation of the bottom of the lowest horizontal structural member of the lowest floor shall be 0-
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. 0
3109.2 Definitions. The following words and terms shall, for the purposes of this section, have the
indicated meanings shown herein.
ALLOWED USE. For the purpose of Section 3109.3.4, use of enclosures above, or with dry floodproofing L�
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 N
shops, commercial pool bars and other bars, snack bars, commercial grills with portable cooking
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.
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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
breaking zone. The combined total storm tide elevations(values)for various return periods are 0
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." d
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 E
registered design professional or the design grade may be determined by the Florida Department of
Environmental Protection in the report titled"One-Hundred-Year Storm Elevation Requirements for
Habitable Structures Located Seaward of a Coastal Construction Control Line" (1999).
DRY FLOODPROOFING. See Section 202.
4-
0
FIFTY-FOOT SETBACK LINE. A line of jurisdiction, established pursuant to the provisions of Section C
161.052, Florida Statutes, in which construction is prohibited within 50 feet (15.13 m)of the line of mean g
high water at any riparian coastal location fronting the Gulf of Mexico or the Atlantic coast shoreline. 0
FLOOD HAZARD AREA. See Section 202.
N
HABITABLE STRUCTURE. Structures designed primarily for human occupancy. Typically included N
within this category are residences, hotels and restaurants. 0
i
LOW-RISE BUILDING.A structure with mean roof height less than or equal to 60 feet.
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LOWEST FLOOR. For the purpose of Section 3109, the lowest floor of the lowest enclosed area,
excluding any enclosure that complies with the requirements and limitations of Section 3109.3.4 0-
applicable to enclosures below the flood elevation.
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LOWEST HORIZONTAL STRUCTURAL MEMBER. A horizontal structural member that supports floor, u_
wall or column loads and transmits the loads to the foundation.
100-YEAR STORM ELEVATION. The height of the breaking wave crest or wave approach as
superimposed on the storm surge with dynamic wave setup of a 100-year(one-percent-annual chance) U�
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 N
an analysis of topographic and other site specific data and found in the report"One-Hundred-Year Storm
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.
E
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:
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a. The work does not violate the terms of previously issued permits.
b. Any addition does not advance the seaward limits of the existing structure. 0
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
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of: 0
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 E
2. The combined total storm tide elevation (value)for the 100-year return period identified by the
Florida Department of Environmental Protection in reports titled "Revised Combined Total Storm
Tide Frequency Analysis" prepared for each county with an established coastal construction
control lines.
3109.3.2 Foundations. Habitable structures shall be elevated and supported on piles or columns -
that are designed to comply with this section. The space below elevated habitable structures shall be a
free of obstructions and walls, if any, shall comply with Section 3109.3.4. Foundations shall be E
designed to comply with ASCE 24 Section 4.5, except shallow foundations and stemwalls are not 0
permitted.
3109.3.2.1 Piles and columns. In addition to the requirements of ASCE 24 Section 4.5 for pile and N
columns foundations: N
1. The design ratio or pile spacing to pile diameter, or column spacing to column diameter, shall 0
be not less than 8:1 for individual piles or columns extending above the design grade, unless Zi
justified by a geotechnical analysis and the foundation design.
2. The tops of grade beams and pile caps shall be at or below the natural grade and below the E
design grade unless designed to resist increased flood loads associated with setting the grade
beam or pile cap above the design grade. 0-
3. Pile penetration shall take into consideration the anticipated loss of soil above the design
grade. 0
3109.3.2.2 Shear walls. Shear walls shall comply with one of the following:
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.
2. Shear walls not perpendicular to the shoreline shall be limited to a maximum of 20 percent of U�
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 N
to flow easily around the walls and elevator shafts.
Exception: Habitable structures other than low-rise buildings are permitted to have shear walls
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 E
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:
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1. The elevation specified in ASCE 24 Chapter 4 if the structure is in a coastal high hazard area
or Coastal A Zone; cc
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
Structures Located Seaward of a Coastal Construction Control Line" (1999).An applicant may 0
request determination of a site-specific 100-year storm elevation (see definition). S
3109.3.4 Walls and enclosures below the flood elevation.Walls and enclosures below the
E
elevation required by Section 3109.3.3 and above the design grade elevation shall comply with all of
the following, as applicable:
1.Walls seaward of the CCCL shall comply with the breakaway wall requirements of ASCE 24
Section 4.6 using the lesser of the flood loads specified by Section 3109.3.1.
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 -
mechanical and electrical rooms with dry floodproofing to the elevation specified in ASCE 24 or a
by the jurisdiction are not required to be breakaway. b. Stairwells are not required to be E
breakaway provided the walls have flood openings in accordance with this section. 0
4. In special flood hazard areas(Zone V and Zone A), all breakaway walls below the elevation
specified in ASCE 24 or the elevation specified by the jurisdiction shall have flood openings in
accordance with ASCE 24 Section 4.6.2. Flood openings are not required in: a. Shear walls N
designed in accordance with Section 3109.3.2.2. b.Walls of enclosures below buildings not N
located in special flood hazard areas(Zone X). c.Walls that are designed and constructed in 0
conformance with the dry floodproofing requirements of ASCE 24 in areas other than coastal Zi
high hazard areas.
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 T
parking of vehicles, building access, or storage unless enclosures are designed and constructed 0-
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 0
enclosures with dry floodproofing to the elevation specified in ASCE 24 or by the jurisdiction, U.I
shall be limited to allowed use as defined in this section.
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.
i
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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 cN
are designed by a qualified Florida-registered professional engineer to withstand the flood loads
specified by Section 3109.3.1.
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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: E
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,
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3001.2, 3109.3, 3109.3.2.1,
3109.3.4 c
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FEMA-TB-11-01 Crawlspace Construction for Buildings 1805.1.2.1
Located in Special Flood Hazard Areas
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7th Edition Florida Building Code, Residential (2020)
CHAPTER 1 SCOPE AND ADMINISTRATION
SECTION R101 GENERAL
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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, 1=
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
more than three stories above grade plane in height. 0
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.
CHAPTER 2 DEFINITIONS
[RB] HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet 2
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 -
clarify that some spaces that are not habitable spaces are not permitted below elevated buildings in a
SFHAs.]
0
[RB] LIVE LOADS. Those loads produced by the use and occupancy of the building or other structure
and do not include construction or environmental loads such as wind load, snow load, rain load,
earthquake load, flood load or dead load. N
N
LOCAL FLOODPLAIN MANAGEMENT ORDINANCE. An ordinance or regulation adopted pursuant to 0
the authority granted to local governments by Title 44 Code of Federal Regulations, Sections 59 and 60 i
for participation in the National Flood Insurance Program.
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CHAPTER 3 BUILDING PLANNING >
0
SECTION R301 DESIGN CRITERIA
0
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R301.1 Application. Buildings and structures, and parts thereof, shall be constructed to safely support all U.I
loads, including dead loads, live loads, roof loads, flood loads, snow loads, wind loads and seismic loads
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
the transfer of loads from their point of origin through the load-resisting elements to the foundation. L)
Buildings and structures constructed as prescribed by this code are deemed to comply with the
requirements of this section. N
Exception: Buildings and structures located within the High Velocity Hurricane Zone shall comply with
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' 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 CL
management of flood hazard areas), (b)the date(s)of the Flood Insurance Study and(c)the panel numbers and
dates of the currently effective FIRIVIs and F13FIVIs,or other flood hazard map adopted by the authority having -2
jurisdiction,auamended.
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R301.2.4F|oodp|a|m construction. Buildings and structures constructed in whole orin part inflood U
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
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
constructed in accordance with/USCE24.
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. 0
�
R301.2.5 Structures seaward mf a coastal construction control line. Structures located seaward of
the coastal construction control line shall be designed to resist the predicted forces of a 1 00-year storm CL
event in accordance with Section 3109 of the Florida Building Code, Building.
SECTION R309 GARAGES AND CARPORTS
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R309.3 Flood hazard areas. For buildings located in flood hazard areas as established by Table
R301.2(1). garage floors shall be: Z
|
1. Elevated to or above the design flood elevation as dmtmnn|nmd in Section 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.
SECTION R322 FLOOD-RESISTANT CONSTRUCTION
R322.1 General. Buildings and structures constructed in whole or in part|nflood hazard areas, including ILL—|
�
/\orVZones and Coastal /\Zones, as established |n Table R301.2(1). and substantial improvement and mu
repair of substantial damage ofbuildings and structures|n flood hazard areas, shall bm designed and
constructed in accordance with the provisions contained |n this section. Buildings and structures that are
located |n more than one flood hazard area shall comply with the provisions associated with the most U
restrictive flood hazard area. Buildings and structures located in whole or in part in |dmnUfimdfloodways ILL.
shall bm designed and constructed |n accordance with AGCE24. w
R322.1.1 Alternative provisions.As an alternative bothe requirements in GmoUon R322AGCE24 is ^=
permitted subject to the limitations of this code and the limitations therein. W
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: CL
1. Obtain and reasonably use data available from a federal, state or other source; or 0
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 d
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
are specified but floodways have not been designated, the applicant shall demonstrate that the effect
of the proposed buildings and structures on design flood elevations, including fill, when combined
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. E
R322.1.5 Lowest floor. The lowest floor shall be the lowest floor of the lowest enclosed area, including 4-
basement, and excluding any unfinished flood-resistant enclosure that is useable solely for vehicle 0
parking, building access or limited storage provided that such enclosure is not built so as to render the 2
building or structure in violation of this section. CL
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 Q
R322.2 or R322.3. If replaced as part of a substantial improvement, electrical systems, equipment and >
0
components; heating, ventilating, air conditioning and plumbing appliances and plumbing fixtures; duct Zi
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 c
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 R322.3 provided that they are 0
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 is anchored to prevent floatation and resist i
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 c_
conform to the provisions of the electrical part of this code for wet locations.
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. CL
0
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 d
(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
flooding and that are not subject to high-velocity wave action shall be designated as flood hazard areas.
Flood hazard areas that have been delineated as subject to wave heights between 1 %2 feet(457 mm)
and 3 feet(914 mm)or otherwise designated by the jurisdiction shall be designated as Coastal A Zones
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 E
through R322.2.3.
4-
R322.2.1 Elevation requirements. c
C
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 CL
mm), or the design flood elevation, whichever is higher.
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 Q
mm)if a depth number is not specified. >
0
3. Basement floors that are below grade on all sides shall be elevated to or above base flood Zi
elevation plus 1 foot(305 mm), or the design flood elevation, whichever is higher. U)
Exception: Enclosed areas below the design flood elevation, including basements with floors that 0
are not below grade on all sides, shall meet the requirements of Section 322.2.2. A
0
R322.2.2 Enclosed area below design flood elevation. Enclosed areas, including crawl spaces, that
are below the design flood elevation shall: 0
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
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
mm2)for each square foot(0.093 m2)of enclosed area where the enclosed area is measured on i
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 c_
that the design of the openings will provide for equalization of hydrostatic flood forces on
exterior walls by allowing for the automatic entry and exit of floodwaters as specified in Section
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.
R322.2.3 Foundation design and construction. Foundation walls for buildings and structures erected in 0
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 d
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
(2438 mm).
For the purpose of this exception, unsupported height is the distance from the finished grade of the
under-floor space to the top of the wall.
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 a
movement under conditions of the base flood. 2
CL
R322.2.5 Pools in flood hazard areas. Pools that are located in flood hazard areas established by Table c
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. Q
CN
R322.2.5.1 Pools located in designated floodways. Where pools are located in designated Zi
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. c
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
designated, the applicant shall provide a floodway analysis that demonstrates that the proposed pool 0
will not increase the design flood elevation more than 1 foot(305 mm)at any point within the
jurisdiction.
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 i
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 c_
feet(914 mm)or otherwise designated by the jurisdiction shall be designated as Coastal A Zones.
Buildings and structures constructed in whole or in part in coastal high-hazard areas and coastal A
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,
patios and walkways. 0
5.Walls and partitions enclosing areas below the design flood elevation shall meet the requirements
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 U
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
walls, the walls shall meet the requirements of Section R322.3.5. Pilings shall have adequate soil
penetrations to resist the combined wave and wind loads(lateral and uplift).Water-loading values used
shall be those associated with the design flood.Wind-loading values shall be those required by this code.
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 E
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 -
material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave- C
velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns g
shall be designed in accordance with ASCE 24. CL
Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and
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 Q
CN
account for the loss of soil. >
0
R322.3.3.1 Pools. Pools in coastal high-hazard areas shall be designed and constructed in conformance
with ASCE 24. c
,A
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
if undermined or displaced during base flood conditions could cause structural damage to the building 0
foundation, shall be designed and constructed in accordance with one of the following:
i
1. To be structurally independent of the foundation system of the structure, to not transfer flood loads LU
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 UI
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. c_
2. To be self-supporting, structural slabs capable of remaining intact and functional under base flood
conditions, including erosion and local scour, and the main structure shall be capable of resisting any
LU
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
71 Ed.FBC,Residential(November 2020,rev 4-28-21) 26 of 39
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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 CL
to withstand the effects of wind and flood loads acting simultaneously on structural and 0
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 d
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
elevation shall be used solely for parking of vehicles, building access or storage.
R322.3.6.1 Protection of building envelope.An exterior door that meets the requirements of
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. E
R322.3.7 Stairways and ramps. Stairways and ramps that are located below the lowest floor elevations 4-
specified in Section R322.3.2 shall comply with one or more of the following: 0
c
1. Be designed and constructed with open or partially open risers and guards.
CL
2. Stairways and ramps not part of the required means of egress shall be designed and constructed c
to break away during design flood conditions without causing damage to the building or structure,
including foundation.
N
3. Be retractable, or able to be raised to or above the lowest floor elevation, provided that the ability to N
be retracted or raised prior to the onset of flooding is not contrary to the means of egress c
requirements of the code. Zi
a
4. Be designed and constructed to resist flood loads and minimize transfer of flood loads to the c
building or structure, including foundation. A
0
Areas below stairways and ramps shall not be enclosed with walls below the design flood elevation
unless such walls are constructed in accordance with Section R322.3.5. c
c
R322.3.8 Decks and porches. Attached decks and porches shall meet the elevation requirements of U.I
Section R322.3.2 and shall either meet the foundation requirements of this section or shall be
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
walls designed to break away. Self-supporting decks and porches shall be designed and constructed to U
remain in place during base flood conditions or shall be frangible and break away under base flood
conditions. cN
R322.3.9 Construction documents. The construction documents shall include documentation that is
X
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.
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
design and construction of foundations in flood hazard areas as established by Table R301.2(1)shall 0
meet the provisions of Section R322.Wood foundations shall be designed and installed in accordance
with AWC PWF. W
Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in d
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
roof uplift and building overturn. Foundation uplift for light-frame wood or steel buildings shall be
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
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 a
tested in accordance with accepted engineering practice. Gravel fill used as footings for wood and E
precast concrete foundations shall comply with Section R403.
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 Q
(3048 mm). >
0
Exception:Where lot lines, walls, slopes or other physical barriers prohibit 6 inches(152 mm)of fall Zi
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 c
minimum of 2 percent away from the building.
0
SECTION R404 FOUNDATION AND RETAINING WALLS
0
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.
SECTION R408 UNDER-FLOOR SPACE
R408.6 Finished grade. The finished grade of under-floor surface shall be permitted to be located at the M
i
bottom of the footings; however, where there is evidence that the groundwater table can rise to within 6 c_
inches(152 mm)of the finished floor at the building perimeter or where there is evidence that the surface
water does not readily drain from the building site, the grade in the under-floor space shall be as high as
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 E
accordance with Section R322.2.2.
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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
located or installed in accordance with Section R322.1.6. c
c
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 d
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.
c�
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.
4-
M2001.4 [Boilers and Water Heaters] Flood-resistant installation. In flood hazard areas established in c
Table R301.2(1), boilers, water heaters and their control systems shall be located or installed in
accordance with Section R322.1.6.
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. Q
0
M2201.6 [Special Piping and Storage Systems] Flood-resistant installation. In flood hazard areas as Zi
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
required by Section R322 for utilities and attendant equipment. 0
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
the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects
of buoyancy, during the occurrence of flooding to such elevation. UI
P2601.3 [General Plumbing Requirements] Flood hazard areas. In flood hazard areas as established c_
by Table R301.2(1), plumbing fixtures, drains, and appliances shall be located or installed in accordance
with Section R322.1.6.
X
P2602.2 [Individual Water Supply and Sewage Disposal] Flood-resistant installation. In flood hazard
areas as established by Table R301.2(1):
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.
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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), CL
vents shall be located at or above the elevation required in Section R322.1 (flood hazard areas including 0
A Zones)or R322.2 (coastal high-hazard areas including V Zones).
W
R4501.4.2.1. [Private Swimming Pools, Mechanical requirements] Flood hazard areas. Pools d
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
ASCE/SEI 24-14 Flood-resistant Design and Construction
FEMA-TB-2-08 Flood Damage-resistant Materials Requirement
FEMA-TB-11-01 Crawlspace Construction for Buildings Located in Special Flood Hazard Area -
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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.
CL
Exception: For the purpose of public educational facilities and state licensed facilities, see Chapter
4, Special Occupancy, of the Florida Building Code, Building. 0
[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 0
existing buildings. S
101.4 Applicability. This code shall apply to the repair, alteration, change of occupancy, addition and
A►PP tY• PP Y P 9
relocation of all existing buildings, regardless of occupancy, subject to the criteria of Sections 101.4.1 and
101.4.2.
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
time of its completion shall comply with the provisions of the Florida Building Code, Building or -
Florida Building Code, Residential, as applicable, for new construction or with any current permit for a
such occupancy.
CL
0
101.4.2 Buildings previously occupied. The legal occupancy of any building existing on the date
of adoption of this code shall be permitted to continue without change, except as is specifically
covered in this code, the Florida Fire Prevention Code, or as is deemed necessary by the code N
official for the general safety and welfare of the occupants and the public. N
0
ADDITION.An extension or increase in floor area, number of stories, or height of a building or structure. i
U)
a
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.
0
CHANGE OF OCCUPANCY. A change in the use of the building or portion of a building which results in
any of the following: 0
1. A change of occupancy classification. u_
2. A change from one group to another group within an occupancy classification.
3. Any change in use within a group for which there is a change in the application of the
requirements of this code.
U
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
the damage occurred. 0
[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
t3
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 E
code violations identified by the code official and that is the minimum necessary to ensure safe living
conditions; or
2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure.
CHAPTER 3 PROVISIONS FOR ALL COMPLIANCE METHODS -
301.1 General. The repair, alteration, change of occupancy, addition or E
relocation of all existing buildings shall comply with Section 301.2 or 301.3, as
applicable.
301.2 Repairs. Repairs shall comply with the requirements of Chapter 4. N
N
301.3 Alteration, change of occupancy, addition or relocation. The alteration, change of occupancy, 0
addition or relocation of all existing buildings shall comply with one of the methods listed in Sections Zi
301.3.1 through 301.3.3 as selected by the applicant. Sections 301.3.1 through 301.3.3 shall not be
applied in combination with each other.Where this code requires consideration of the seismic-force E
resisting system of an existing building subject to alteration, change of occupancy, addition or relocation
of existing buildings, the seismic evaluation and design shall be based on Section 301.3.4 regardless of 0-
which compliance method is used.
Exception: Subject to the approval of the code official, alterations complying with the laws in 0
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
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
areas shall comply with Section 701.3. This exception shall not apply to alterations that constitute L�
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 N
707, 807, and 907.
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.
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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
CL
R322 of the Florida Building Code, Residential, as applicable.
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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.
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[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. E
CHAPTER 5 PRESCRIPTIVE COMPLIANCE METHOD cis
[BS] 502.2 [Additions] Flood hazard areas. For buildings and structures in flood hazard areas E
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 -
existing structure shall comply with the flood design requirements for new construction, and all aspects of C
the existing structure shall be brought into compliance with the requirements for new construction for E
flood design. 0
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, as
applicable, any additions that do not constitute substantial improvement of the existing structure are not N
required to comply with the flood design requirements for new construction. N
0
[BS] 503.2 [Alterations] Flood hazard areas. For buildings and structures in flood hazard areas Zi
established in Section 1612.3 of the Florida Building Code, Building, or Section R322 of the Florida
Building Code, Residential, as applicable, any alteration that constitutes substantial improvement of the E
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 0
flood design.
For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida 0
Building Code, Building, or Section R322 of the Florida Building Code, Residential, as applicable, any u-
alterations that do not constitute substantial improvement of the existing structure are not required to
comply with the flood design requirements for new construction.
CHAPTER 6 CLASSIFICATION OF WORK
t3
601.3 Structure seaward of a coastal construction line. Structures located seaward of the coastal N
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.
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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.
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CHAPTER 10 CHANGE OF OCCUPANCY
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1001.1 Scope. The provisions of this chapter shall apply where a change of occupancy occurs, as
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defined in Section 202.
CHAPTER 11 ADDITIONS
1101.1 Scope.An addition to a building or structure shall comply with the Florida Codes as adopted for
new construction without requiring the existing building or structure to comply with any requirements of
those codes or of these provisions, except as required by this chapter.Where an addition impacts the
existing building or structure, that portion shall comply with this code.
[BS] 1103.5 Flood Hazard Areas. Additions and foundations in flood hazard areas shall comply with the -
following requirements: a
1. For horizontal additions that are structurally interconnected to the existing building: E
1.1. If the addition and all other proposed work, when combined, constitute substantial 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.
1.2. If the addition constitutes substantial improvement, the existing building and the addition shall N
comply with Section 1612 of the Florida Building Code, Building, or Section R322 of the Florida N
Building Code, Residential, as applicable. 0
2. For horizontal additions that are not structurally interconnected to the existing building: Zi
2.1. The addition shall comply with Section 1612 of the Florida Building Code, Building, or Section
R322 of the Florida Building Code, Residential, as applicable. E
2.2. If the addition and all other proposed work, when combined, constitute substantial
improvement, the existing building and the addition shall comply with Section 1612 of the Florida 0-
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 0
improvement, the existing building shall comply with Section 1612 of the Florida Building Code, u-
Building, or Section R322 of the Florida Building Code, Residential, as applicable.
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
of the Florida Building Code, Building, or Section R322 of the Florida Building Code, Residential, as U�
applicable.
5. For a new foundation or replacement foundation, the foundation shall comply with Section 1612 of N
the Florida Building Code, Building, or Section R322 of the Florida Building Code, Residential, as
applicable.
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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.
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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
Interior(the Florida state historic preservation officer maintains a list of approved local programs); 0
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
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;
or
4. Determined eligible by the Florida State Historic Preservation Officer for listing in the National
Register of Historic Places, either individually or as a contributing property in a district. 0
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CHAPTER 13 RELOCATED OR MOVED BUILDINGS
0
[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,
Residential, as applicable. N
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CHAPTER 14 PERFORMANCE COMPLIANCE METHOD c
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[B] 1401.3 Acceptance. For repairs, alterations, additions, and changes of occupancy to existing a
buildings that are evaluated in accordance with this section, compliance with this section shall be
accepted by the code official. �
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[B] 1401.3.3 Compliance with flood hazard provisions. In flood hazard areas, buildings that are c
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 i
this section constitutes substantial improvement.
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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.
CL
CHAPTER 2 DEFINITIONS c
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[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 U
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
[BS] 301.16 Flood hazard. For structures located in flood hazard areas, mechanical systems, equipment E
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 c
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,
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 N
coastal A zones, mechanical systems and equipment shall not be mounted on or penetrate walls
intended to break away under flood loads.
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SECTION 401 [VENTILATION] GENERAL
401.4 Intake opening location.Air intake openings shall comply with all of the following:
Only pertinent item shown
4. Intake openings on structures in flood hazard areas shall be at or above the elevation required by 0
Section 1612 of the Florida Building Code, Building for utilities and attendant equipment.
i
SECTION 501 [EXHAUST SYSTEMS] GENERAL
501.3.1 Location of exhaust outlets. The termination point of exhaust outlets and ducts discharging to UI
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
required by Section 1612 of the Florida Building Code, Building for utilities and attendant equipment.
X
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
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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
CL
attendant equipment, the ducts 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. 0
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.
1210.8.6 [Plastic Pipe Ground-Source Heat Pump Loop Systems] 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.
CHAPTER 13 FUEL OIL PIPING AND STORAGE
4-
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1305.2.1 [Fuel Oil System Installation] Flood hazard. Fuel oil pipe, equipment and appliances located C
in flood hazard areas shall be located above the elevation required by Section 1612 of the Florida E
Building Code, Building for utilities and attendant equipment or 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.
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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
CL
[BS] BASE FLOOD ELEVATION.A reference point, determined in accordance with the building code, 0
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 U
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
2 feet(610 mm).
[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 given
year.
0
2. The area designated as a flood hazard area on a community's flood hazard map or as otherwise a
legally designated. E
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CHAPTER 3 GENERAL REGULATIONS
SECTION 309 FLOOD HAZARD RESISTANCE
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309.1 General. Plumbing systems and equipment in structures erected in flood hazard areas shall be N
constructed in accordance with the requirements of this section and the Florida Building Code, Building. 0
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[BS] 309.2 Flood hazard. For structures located in flood hazard areas, the following systems and
equipment shall be located and installed as required by Section 1612 of the Florida Building Code,
Building.
1. Water service pipes. 0-
2. Pump seals in individual water supply systems where the pump is located below the design flood
elevation. c
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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.
4. Sanitary drainage piping.
5. Storm drainage piping.
6. Manhole covers shall be sealed, except where elevated to or above the design flood elevation. U�
7. Other plumbing fixtures, faucets, fixture fittings, piping systems and equipment.
8. Water heaters. N
9. Vents and vent systems.
Exception: The systems listed in this section are permitted to be located below the elevation required
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. E
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[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, CL
gaseous hydrogen systems and related accessories in accordance with Sections 101.2.1 through 0
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
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
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 ma In areas designated as Zone E
P P P (� ) P P� 9
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: E
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
legally designated.
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CHAPTER 3 GENERAL REGULATIONS Q
0
[BS] 301.11 [General] Flood hazard. For structures located in flood hazard areas, the appliance, Zi
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. E
Exception: The appliance, equipment and system installations regulated by this code are permitted
to be located below the elevation required by Section 1612 of the Florida Building Code, Building for c
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 0
and stresses, including the effects of buoyancy, during the occurrence of flooding to such elevation.
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Exhibit 4
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FEMA
'Mr
POLICY:FEMA
Requirements Ir Agriculturaltr r
Accessoryand r to r
Date Issued: February
U
BACKGROUND
This policy is intended to provide clarification and technical assistance to National Flood
Insurance Program (N'FIP) tate/Tri'be/Territor r Coordinators and local floodplain �
administrators regarding implementation of the NFIP design and performance standards
for agricultural structures and accessory structures. This policy establishes standards for
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
4-
Flood Insurance Rate Maps. This policy clarifies the requirements for granting variances 0
and exceptions to the NAP design and performance standards for agricultural and 2
accessory structures in accordance with current FEMA regulations. 0
This policy supersedes portions of existing FEIVIA guidance related to agricultural ,
structures and accessory structures found in NFIP Technical Bulletin 1 "Openings in
00
Foundation Walls, and Walls of Enclosures," NAP Technical Bulletin g "Free-of
Obstruction Requirements,"' and NFIP Technical Bulletin 7 `Wet Floodproofing
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 FEMA policies, bulletins, or guidance, this policy shall take precedence. nL
PURPOSE LL
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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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 (as 0
amendled).
PRINCIPLES U
This policy explains the rninimurn requirements for agricultural structures and accessory
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.
A. Promote smart development and mitigation strategies for agricultural and accessory
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 0
low damage potential agricultural and accessory structures. !-
REQUIREMENTS 00
This section provides the NFIP floodplain management development requirements and
le
design and performance standards for agricultural structures and accessory structuresIV-
located within the SFHA and the requirements for granting exceptions to the minimum
standards.
A. DEFINITIONS OF AGRICULTURAL STRUCTURE AND ACCESSORY
STRUCTURE
le
Outcome: FEMA provides a clear NFI!P definition of agricultural structures and accessory
structures for floodplain management purposes, consistent with the National Flood'
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
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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.
c. The following may be related to agricultural purposes or uses but are generally 0
not considered' to be agricultural structures by the N'FIR
i. Structures that do not meet the exclusive use requirement of the NFIP
definition of agricultural structure, such as, U
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
. Structures with multiple, or imixed!, uses where one or moire use
does not meet the definition of agricultural structure.
ii. Development that does not rneet the NFIP definition of a structure for
floodplain management purposes. Examples include, but are not 0
necessarily limited to, a pole barn (roofed but not walled) or a holding 0
pen or aquwuaculture tank/pool (walled but not roofed).
2. An accessory structure means a structure, as defined in 44 C F R § 59.1, that is on
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 0
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
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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FEMA
R. NFIP M'INIIu UM FLOODPLAIN 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: CL
0
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 u
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,
adequate flood opening designed to automatically equalize hydrostatic flood forces.
3. Require that areas below the lowest floor within V Zones „ VE, V14-30) be free of
obstruction or constructed with iron-supporting breakaway walls, open wood lattice
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 4
foundation system. C
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
elevation to which the structure has been dry floodproofed.
C. EXCEPTIONS TO THE NFIP MINIMUM FLU ODPLAIN MANAGEMENT EMENT
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 On1 . Per Section 1311 a A of the NFIA agricultural
structures located in the SFHA that are designated as repetitive loss„ as defined in the
NFIA, or substantially damaged by flood may be repaired and restored to pre-
damaged conditions under the following criteria: " t
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.
i
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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 CL
-
damaged condition. 0
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. § U
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, �
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 0
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 CL
compliance with, this policy and should include within their floodplain
management regulations the criteria for an agricultural or accessory structure
to receive a variance to wet floodproof in lieu of elevation or dry floodproofing. 00
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 .L
following:
1. The agricultural or accessory structure must rneet the definition of
LL
structure, for floodplaio managemer7t purposes, provided in 44
C.F.R,. § 59.1, where walled and roofed shall be interpreted as
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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U, ,,) F E M A
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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. 0
10.The agricultural or accessory structure must be wet floodproofed U
to protect the structure from hydrostatic pressure. The design
must meet the NFIP design and performance standards for U
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.
iv. The variance must restrict use of the agricultural or accessary structure
in accordance with the exclusive use requirement of the NFIP definition
provided in this olio
p policy.
V. In accordance with FEMA regulation and guidance, owing to the 0
increased risk to public safety, a variance for wet floodproofing in lieu of C
elevation or dry floodproofing is not recommended for:
1. An agricultural l structure located in a V Zone (V, VE, V1-V-36).
Wet floodproofing and breakaway walls below a compliant
elevated) structure is permissible without a variance. 00
2. An agricultural or accessory structure which, if flooded, would CD
create a threat to public safety, health, and welfare. Such
CD
structures include but may not be limited to confinement
operations; structures with liquefied natural) gas terminals; and
facilities producing and storing hiighily volatile, toxic, or water- 0
reactive materials. Ideally, these structures should be located
outside of the SFHA; however, when located within the SFHA, W 1
these structures must be elevated or dry floodproofed in 1
accordance with NFIP design and performance standards.
b. In accordance with the provisions of 44 C.F.R. § 60.6(b), a community may r
request a community-wide exception from FEMA to allow certain agricultural or w
accessory structures located in the SFHA to be wet floodproofed in lieu of the
elevation or dry floodproofing requirement of the NFIP. E
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
Page 6
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y' ra
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
flooding characteristics (frequency, duration, depth); flood 0
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 U
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,
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 0
documentation and justification for the request has been received prior 29=
to submitting the request to FEMA Headquarters for final review and
approval. a
iii. FEMA will prepare a Special Environmental Clearance to determine
whether the proposed community-wide exception will have a significant00
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 10 -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.
LL
iv. After review and evaluation of the request, the FEMA Regional Office f
will notify the community whether the requested' community-wide 1
exception is approved.
1. If the request is denied!, the FEMA Regional Office will provide an
explanation for the denial.
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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F�' p
3k kGJ�
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.
ii. The accessory structure should be small', as defined by the 0
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 U
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
than or equal to the size of a one-story, taro-car garage.
2. Located in a V Zone ('V, "VE, VIN-30), and less than or 1
equal to 100, square feet. 0
iii. The accessory structure must be anchored to resist flotation, 0
collapse, and lateral movement. 0
iv. The portions of the accessory structure located below the BF'E
must be constructed with flood-resistant materials.
v. Mechanical and utility equipment for the accessory structure r
must be elevated or dry flo�odproofed to or above the BFE. 00
j
vi. The accessory structure roust 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 roust meet the 2
NFIP design and performance standards for openings per 44 6
C.F.R. § 60.3(c)(5) and must allow for the automatic entry and 1
exit of floodwaters without manual operation or the presence of a W
person (or persons).
X
j
David a rs
Cr tad
EEIk A Deputy Associate Administrator for the
Federal Insurance and Mitigation Administration
( IMA)
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5 'J'R,2)
I 1
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.
AUTHORITIES 2
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 19,58, as amended, 42 U.S.C. § 4001 et seq.
REFERENCES
A. 42 U.S.C. 4022 and § 4102 State and Local Land Use Controls; Criteria for Land
Management Use
B�. 44 C.F.R. § 59.1 National Flood Insurance Program Regulations
C. 44 C.F.R. § 60.1 Purpose of Subpart A-- Requirements for Flood Plain Management
Regulations l
D. 44 C.F,R. § 60�.3 Flood Plain Management Criteria for Flood-Prone Areas
4-
E. 44 C.F.R. § 60.6 Variances and Exceptions 0
F. American Society of Civil Englineers (ASCE) 24-14, Flood Resistant Design and 0
Construction, January 2014 C
O. International Code Council, International Building Code, August 2017
H. FEMA 480, National Flood Insurance Program Flooldplain Management Requirements,
February 2005
„
1. FEMA Flood Insurance Manual, National Flood Insurance Program, Effective April 2019 00
J. FEMA P-936, Roodproofing Non-Residential Buildings, July 2013
K. 'NFIP Technical Bulletin 1, Openings in Foundation Walls andWalls of Enclosures, August
2008
L. 1NFI'P Technical Bulletin 2„ Flood Damage-Resistant Materials Requirements, August 2008
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
Insurance Program, July 2014
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
Reference items K - O are available at https://www.fema.gov/media-library/re!sources,-
�d+ocuments/collections/4
1
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. qvv MY41,'.
� .
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 2
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
Community— any State or area or political subdivision thereof (such, as county, city, township„
village), or any Indian tribe or authorized tribal organization, or Alaska Native village or authorized'
native organization, which has authority to adopt and enforce floodplain management reguilations �
for the areas within its jurisdiction
Development—any man-made change to improved or unimproved real estate, including but not 0
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials
Dry Floodproofing —a combination of measures that results in a structure, including the
attendant utilities and equipment, being watertight with all elements substantially impermeable to
the entrance of floodwater and with structural components having the capacity to resist flood 00CD
loads
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 C 0L
IFIA, as amended
U.
Flood plainlFloodpronie Area — any land area susceptible to being inundated by water from any
source
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;
flood control works; and such State, Tribal, territorial, or local regulations, ordinances, and
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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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, 7
building access, or storage (in an area other than a basement) is not considered a structure's
lowest floor.
National Flood Insurance Act of 1968 (NFIA) — created the Federal Insurance Administration � J
and made federal flood insurance available for the first time 2
National Flood Insurance Program (NFIP)— a program enacted by Congress intended too W
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
construction commences on or after the effective date of an NF'IP floodplain management
regulation adapted by a community and includes aill subsequent improvements to the structures
Opening — open area or space within a wall that meets certain performance characteristics
related to allowing the automatic entry and exit of floodwaters
4-
0
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
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V Zones. 0
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 00
assists in the implementation of the NFIP in that, State/Tribe/territory
1
Structure—(for floodplain management purposes) a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well as a manufactured home. Walled 2
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 U
market value of the structure before the damage occurred
Substantial (Improvement— any reconstruction, rehabilitation, addition, or other improvement of �e
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure i
(or a smaller percentage if established by the community) before the start of construction of the
improvement
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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 VO
)'age 11
Packet Pg.4975
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VA r#,',
FEMA
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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,
NFIP State/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 2
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
community's FEMA Regional Office.
Regional offices seeking guidance, outreach, training, or clarification on this policy may direct
questions to the FEMA Floodplain Management Division: -
FEMA-bloodplain-ManaBement-Divisiol7(ci)f(�ma,dh ...qov. 0
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Exhibit
S.5.h
Florida Guidance for At-grade wet floodproofed Accessory
Structures in Flood Hazard Areas
State Floodplain Management Office
Florida Division of Emergency Management
Helpline: 850-815-4556 and floods(&-em.myflorida.com 0
U_
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 E
nonresidential structures. In August 2020, FEMA published FEMA P-2140, Floodplain
Management Bulletin: Requirements for Agricultural Structures and Accessory Structures. The
Bulletin and Policy are available here: 1 ja co IIe.gt c�t�.//flood, )
t �at�agc� t ��tc /�� c� t, ��t .gjc��)t�i�a) ��„ acc ,, cy::. t ��ct,urc ,
0
The DEM State Floodplain Management Office (SFMO) a
0
developed this guidance for accessory structures based on Communities in the NFIP must regulate C,
all development in SFHAs. The NFIP o
the Policy and Bulletin. It was reviewed by floodplain p
management specialists with FEMA Region IV. The regulations specify buildings and
SFMO prepared separate guidance for agricultural
structures must be elevated to or
structures. above the Base Flood Elevation, with LO
an allowance for dry floodproofing
Accessory structures may be elevated or dry non-residential buildings in SFHAs
floodproofed to or above the Base Flood Elevation identified as Flood Zone A/AE. It is only
by FEMA policy that wet floodproofing
plus one foot. measures are permitted in specific 0
Florida communities are encouraged to modify local circumstances.
floodplain management regulations to incorporate
requirements for at-grade (non-elevated) wet
0
floodproofed accessory structures that are smaller
than the size limits established in the Policy and
) ease II"gote!!I AHl r�°ITIIrrWIIu ifiC'S tlh )t
described below. t
(:Il�:rt t�°b urr��°brut ire. �sll��t'i �,,.
n n y n �.
i�°b u�� urr�..u.0
Communities should modify regulations in order to SLflbrnr t draft ory'uunances to the SFMO �
process variances to approve larger wet floodproofed at east yC days IIbefoire the first 2
U_
accessory structures. °rea&ng,
Please put the community name in the w
The NFIP Community Rating System advises that a
adopting these provisions will not adversely impact credit subject line and LO
send to
f.�..ggd.`�... .. ..!: p:.:..!: p:. .!..q.!::.!..da..:_�.q..r 1.
points. Communities are not required to submit Elevation
Certificates for wet floodproofed accessory structures Or send a request for the SFMO to w
(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.4977
S.5.h
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
the Policy. See Attachment A. ,C
0
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
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
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.
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�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
Ordinances), I
Revised May 19,2021 �
Issued January 20,2021 j
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Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4978
S.5.h
ATTACHMENT A
Version A.Modify floodplain management regulations to
provide criteria for permits to be issued for at-grade wet
Ill)�ease IINote!!I NII COuTIuTIUuIlifii(^S thi)t �
floodproofed accessory structures that are not larger than
„Isla �liurvI� brvlY „ mLulluII uTIUSt
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the size limits s ecified in the Policy. �s to 0
Florida communities that anticipate many requests for at east 30 days befoire the first U_
read un �
accessory structures in SFHAs should modify existing
regulations to adopt explicit requirements to allow Please put the community name in U
issuance of permits for at-grade wet floodproofed the subject line and send to
.. ..!: p:.:..!: p: !.q..!::!. . ..:.c::e�rrn.
accessory structures. Florida communities that already
have specific provisions should replace or modify those Or send a request for the SFMO to
provisions to be consistent with this language Policy. prepare a draft for you.
ORDINANCE NO. XX-XX
0
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
APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE.
i
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 it
general welfare of its citizenry; and U)
WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104-
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
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 i
numbers) is amended as set forth in the following amendments, as shown in strikethrough
and underline format in Section 1.
LO
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.4979
S.5.h
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
accordance with Section R322.2 of the Florida Building Code, Residential. 0
(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 ONLY 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.
(4) Have flood damage-resistant materials used below the base flood elevation plus one
1 foot.
(5) Have mechanical, plumbinq and electrical systems, includinq plumbing fixtures,
elevated to or above the base flood elevation plus one (1) foot. 0
SECTION 2. APPLICABILITY.
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
effective date of this ordinance.
SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES.
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 0
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.
4-
SECTION 4. 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.
SECTION 5. EFFECTIVE DATE.
i
This ordinance shall take effect on (insert date).
Use community's standard signature block LO
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Model Language for Accessory Structures(revised 5-24-21) 4
Packet Pg.4980
S.5.h
ATTACHMENT B
Version B. Modify floodplain management regulations to a
specifically provide criteria for variances to allow at-grade l)lease IINoW!I NII COI TII T1UII' fi(uS thi)
wet floodproofed accessory structures that are larger than (flect to urnodffy uTgL li)fiO11S ur(1..ruSt
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the size limits specified in the Policy, with an option to 'a
"administrative"
at erect 0 days 1b4."Ifo lire the first lrst 0
have requests considered as administrative variances for
accessory structures up to a specified size limit only in A °
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
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
administrative variances must not be the same person who prepare a draft for you. 0
makes decisions to issue permits. Designating a committee aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaasaaaaaaaaaaaaaaaaaaaa
of manager is acceptable.
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 a
at least one of the explicit variance provisions shown in this Attachment. CL
0
ORDINANCE NO. XX-XX
AN ORDINANCE BY THE (community's governing body) AMENDING THE i
(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
APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE. it'
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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 0
governments the authority to adopt regulations designed to promote the public health, safety,
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
i
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 LO
Policy.
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.4981
S.5.h
{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: -
W
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
E
provided the requirements of this section are satisfied, the accessory structures are used
only for parking or storage, and the accessory structures:
(1) Represent minimal investment and has low damage potential. "
(2) If located in special flood hazard areas (Zone A/AE) other than coastal high 0
hazard areas, are one story and larger than the
size limits specified in Section XXX.X but not CL
larger than finsertsizel, square feet in size, and [insert size] o
have flood openings in accordance with Section While FEMA's guidance describes
R322.2 of the Florida Buildinq Code, granting variances for accessory
Residential. structures that are larger than the
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size limits for which permits maybe i
(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
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 U)
away in accordance with Section R322.3 of the square footage must not be used,
Florida Buildinq Code, Residential. uI „Ij II ;mml„I especially in Zone V/VE. Factors to
consider include whether larger 0
!r(„)ir,n..��lr?r�.1k':reir i:(::1 ngILIA:'n.E:'n.2....11:t.g.1rn ..� accessory structures are likelyto be 0
(4) Are anchored to resist flotation, collapse or used for more than parking and
storage or illegally converted to
lateral movement resulting from flood loads. other occupancies. i
(5) Have flood damage-resistant materials used
below the base flood elevation plus one (1) foot.
i
(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.4982
S.5.h
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 toCL
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 2
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:
(1) Represent minimal investment and has low damage potential.
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(2) Are one story and not larger than 1,200 square feet in size, and have flood
openings in accordance with Section R322.2 of the Florida Building Code,
Residential.
0
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood g
0.
loads.
0
(4) Have flood damage-resistant materials used below the base flood elevation plus
one (1) foot.
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, i
elevated to or above the base flood elevation plus one (1) foot.
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SECTION 2. APPLICABILITY.
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
effective date of this ordinance.
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SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES.
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. i
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, LO
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.
E
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.4983
S.5.h
ATTACHMENT C
U)
Version C. Rely on existing regulations, combined with a written CD
as
administrative policy that is consistent with the FEMA Policy, to W
Having explicit provisions for
issue permits for at-grade wet floodproofed accessory structures accessory structures in local CL
that are not larger than the size limits specified in the Policy. The regulations rather than an 0
SFMO considers this approach more difficult to enforce because administrative policy U_
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.
administrative policy approach is not applicable to larger
accessory structures or wet floodproofed agricultural structures. E
M
Most local floodplain management regulations adopted or amended before 2021 do not have
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). —
r_
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 0
of the FBC, including accessory structures.Note that this section does not include size or use limits
and does not explicitly require flood openings (flood openings are part of resisting hydrostatic <
loads, item 43). U_
i
SECTION, 307 OTHER DEVELOPMENT
307.1 General requirein-tents for other devefcw,pinent., Ali l development including maim-made
changes to,irnpiroved or unuMproved real estate for wiNch spedf�ic proviiision,s acre not s ,ecifoied in
this ordinance or the 9orrda Budding Code, sJhal L 0
(1) BeI Illocated and constructed to mi miumize flood damage- as
(2) Meet the 1iiMt,atiorns of Sectoon 303.4 of this,ordinance if located in a regulated flood°way-I
(3) Be anchored to pirevent flotation„ c61apse or lateral movernent resulting from hyclm^static 0
Dads, iindudinq the effects of Ibuoyancy,during con,ditiion,s of the desuJm flood-, as
U
(4) Be constructed of flood dairnage-resuistant irnateri-als; and �
(5) Have meohanicalll,,, plumbiin g, and electrical systems ab ve the design flood elevation or
irneet the requireirroients of A CH 24, except that irninuimuirn elllectric service required to i
address,Illife safety and electric code requirements its perrrritted below the desutgnflood 0
elllevatioun provided it cornfoirrmns to the proviisuiorns of the elllectrical mark of building code for
wet Illo ntions. �g
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Local floodplain management regulations authorize the a
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Floodplain Administrator to render interpretations and i)�ease IINoW Send a copy of Ln
"establish policies and procedures in order to clarify the the adrnr inustrafive Ifmrfllicy to
application of the provisions." Communities that make t II"ne SFMO, Put the X
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��.cc�lrn.
administrative policy language is consistent with FEMA Policy °°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°�°°�°°�°°�°°�°°�°°�°°�°°�°°�°"
4104-008-03.
Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4984
S.5.h
(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,
small accessory structures in special flood hazard areas (SFHAs). The (County/City/Town) 2
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." U
For floodplain management purposes and for application of this policy:
Accessory structure means 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.
4-
Requirements for at-grade wet floodproofing outlined in the FEMA Policy and guidance 0
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documents are equivalent to the requirements in (insert citation) titled "Other Development."
0.
0
Permits may be issued for at-grade wet floodproofed accessory structures that:
(1) Meet the requirements for "Other Development" in (insert citation to LDC or Code of
Ordinances).
i
(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. 0
U)
(4) In Zone V/VE, are not located below elevated buildings and are not larger than 100
square feet. 'I I ::II....l ::mml E lIF QQIW\WM FY IIIAS QNNI...Y ZONE /AE
0
Applicants seeking approval of at-grade wet floodproofed accessory structures that are larger
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} i
Date Adopted:
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Model Language for Accessory Structures(revised 5-24-21)
Packet Pg.4985
Exhibit 6
Sponsored by: Lindsey
Public Hearing Dates: July 10, 2018
August 14, 2018
Enactment date: August 14, 2018
as
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
ADOPT A NEW ARTICLE 12 — FLOODPLAIN MANAGEMENT; TO
ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN E
ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR
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 r-
REGULATIONS TO ADOPT ADMINISTRATIVE AND TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING
FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
e
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
promote the public health, safety, and general welfare of its citizenry; and
E
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 0
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 CD
health, safety and general welfare, and
X
WHEREAS, the City of Marathon was accepted for participation in the National Flood W
Insurance Program on October 16, 2000 and the City Council desires to continue to meet the a
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
1
Packet Pg.4986
S.5.i
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 �
ever- a 10 year- period to be ifiekuaed in the definition of "substantialge;" (3-2) to limit 0
0
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;
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
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 -
section 553.73(4), Florida Statutes.
WHEREAS, the City Council has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building Code.
LO
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Marathon00
that the following floodplain management regulations are hereby adopted.
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SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
0
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:
CHAPTER 107— GENERAL DEVELOPMENT STANDARDS
ARTICLE 12.—FLOODPLAIN MANAGEMENT
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.4987
S.5.i
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
requirements of the Florida Building Code are to establish minimum requirements to safeguard 0
the public health, safety, and general welfare and to minimize public and private losses due to U_
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;
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(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; 0
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(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;
(6) Help maintain a stable tax base by providing for the sound use and development of flood LO
hazard areas; 00
(7) Minimize the need for future expenditure of public funds for flood control projects and N
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. 0
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0
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. c�
E. Warning. The degree of flood protection required by this ordinance and the Florida Building X
Code, as amended by this community,is considered the minimum reasonable for regulatory purposes w
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 E
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.4988
S.5.i
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.
A. General. Where there is a conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable. 0
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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
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 E
maps, are adopted by reference as a part of this article and shall serve as the minimum basis
0
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,
LO
and any subsequent revisions there to, are hereby declared to be a part of this article. The 9
SFAMs and RE list are on file at the city hall. V-
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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
Administrator may require submission of additional data. Where field surveyed topography
prepared by a Florida licensed professional surveyor or digital topography accepted by the 0
community indicates that ground elevations: 0
(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 W
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.
4
Packet Pg.4989
S.5.i
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.
G. Interpretation. In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements; 0
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(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
Administrator may delegate performance of certain duties to other employees, particularly the
Building Official and the Certified Floodplain Manager.
B. General. The Floodplain Administrator is authorized and directed to administer and enforce 0
the provisions of this article. The Floodplain Administrator shall have the authority to render a
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 procedures shall not have the effect of waiving requirements specifically provided in LO
this ordinance without the granting of a variance pursuant to Section 107.105 of this article. i
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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; 0
a
(2) Review applications for modification of any existing development in flood hazard areas 0
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;
(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.4990
S.5.i
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
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 LL
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
E
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, 0
to the market value of the building or structure; 0
a
(3) Determine and document whether the proposed work constitutes substantial improvement 2
or repair of substantial damage; the determination requires evaluation of previous permits 0
issued for improvements and repairs as specified in the definition of "substantial
improvement," LO
deter-minatiefl F quir-es evaltiation of pr-evi issued to repair-flead related damage 00
"s4stantial damageL; and
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(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.
0
E. Modifications of the strict application of the requirements of the Florida Building Code. 0
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 107.37 of this article.
X
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.
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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.4991
S.5.i
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 107.32.13 of this article;
(2) Require applicants who submit hydrologic and hydraulic engineering analyses to support 0
permit applications to submit to FEMA the data and information necessary to maintain the U-
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;
(4) Notify the Federal Emergency Management Agency when the corporate boundaries of the
City of Marathon are modified; and
0
(5) Advise applicants for new buildings and structures, including substantial improvements, 0
that are located in any unit of the Coastal Barrier Resources System established by the a
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 LO
Barrier Resource System Areas" and"Otherwise Protected Areas." 9
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L Floodplain management records. Regardless of any limitation on the period required for a
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 0
permits; determinations of whether proposed work constitutes substantial improvement or repair 0
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 the flood resistant construction requirements of the Florida Building Code. ;2
These records shall be available for public inspection at City Hall, 9805 Overseas Highway, X
Marathon, FL 33050.
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Sec. 107.101 —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 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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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
Administrator may determine that a development permit is required in addition to a building permit. C
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, 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:
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(1) Railroads and ancillary facilities associated with the railroad.
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(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(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 a
are directly involved in the generation, transmission, or distribution of electricity. C
(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 LO
that has a thatched roof of palm or palmetto or other traditional materials, and that does not 00
incorporate any electrical, plumbing, or other non-wood features.
7 Family mausoleums not exceeding 250 square feet in area which are prefabricated and
O Y g q P �
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 a
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
X
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:
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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
description, street address or similar description that will readily identify and definitively
locate the site.
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(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.
(8) For projects proposing to enclose areas under elevated buildings, include signed
Declaration of Land Restriction (Nonconversion Agreement); the agreement shall be 0
recorded on the property deed prior to issuance of the Certificate of Occupancy. U-
E. Validity of permit or approval. The issuance of a development permit pursuant to this U
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 E
Floodplain Administrator from requiring the correction of errors and omissions.
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 0
abandoned for a period of 180 days after the work commences. Extensions for periods of not more 0
than 180 days each shall be requested in writing and justifiable cause shall be demonstrated.
0
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 orLO
incomplete information, or in violation of this article or any other ordinance, regulation or 9
requirement of this community. T-
N
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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: 0
(1) The South Florida Water Management District; section 373.036, F.S. 0
(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.
(3) Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E-6, F.A.C. X
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(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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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:
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(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. 0
U-
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 u
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
Assessment Guide is on file at the city hall.
(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 29=
provide copies of the applications to the Service for review on a weekly basis.
0.
(2) Based on the Service's technical assistance, the City of Marathon shall condition the
floodplain development permit to incorporate the Service's recommendations to avoid LO
and/or to minimize possible impacts on Federally listed threatened and endangered species i
and their habitat. Q
N
(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 0
the boundaries of a completed Habitat Conservation Plan and which are subject to the 0
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
Settlement.
X
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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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 an filling, grading, or excavation.
O P P g Y g� g g� 0
4 Where the placement of fill is proposed, the amount type, and source of fill material; -
O P P P YP > �
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. E
(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 ordinance but that are not required to be 4-
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. 0
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 V-
by a Florida licenses engineer that demonstrates that the proposed alteration will not increase the N
potential for flood damage shall be submitted with the site plan and construction documents.
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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 0
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.
Sec. 107.104. - Inspections.
A. General. Development for which a development permit is required shall be subject to
inspection.
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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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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,
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. 0
LL
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.
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
P P P , s 0
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certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. -
Sec. 107.105. - Variances and Appeals.
0
A. General. The Planning Commission shall hear and decide on requests for appeals and requests <
LO
for variances from the strict application of this article. Pursuant to section 553.73(5), F.S., the 9
00
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 N
Code. This section does not apply to Section 3109 of 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 0
the administration and enforcement of this article. Any person aggrieved by the decision may 0
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
issuance in Section 107.105.F of this article, the conditions of issuance set forth in Section X
107.105.G of this article, and the comments and recommendations of the Floodplain Administrator W
and the Building Official. The Planning Commission has the right to attach such conditions as it u
deems necessary to further the purposes and objectives of this article. E
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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
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 0
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:
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(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 0
the effect of such damage on current and future owners; 0
a
4 The importance of the services provided b the proposed development to the community;
O P P Y P P P Y; 0.
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
LO
(6) The compatibility of the proposed development with existing and anticipated development; 00
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(7) The relationship of the proposed development to the comprehensive plan and floodplain N
management program for the area;
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(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles; 0
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of 0
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,
electrical and water systems, streets and bridges.
x
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 E
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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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,
(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 0
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, 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
E
the lowest floor, stating that the cost of federal flood insurance will be commensurate with
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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.
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0
Sec. 107.106. - Violations.
0
A. 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 withLO
an issued permit, or that does not fully comply with this ordinance or the conditions established 9
00
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 a
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.
a
B. Authority. For development that is not within the scope of the Florida Building Code but that 0
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
shall prevent the Floodplain Administrator from taking such other lawful actions as are necessary ;2
to prevent or remedy any violation. X
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 Building Code that are not walled and roofed buildings shall comply with the requirements C
of Section 107.113 of this article. 0
Sec. 107.108. - Subdivisions.
U
A. Minimum requirements. Subdivision proposals, including proposals for manufactured home
parks and subdivisions, 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
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, 0
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures. C
B. Subdivision plats.Where any portion of proposed subdivisions, including manufactured home LO
parks and subdivisions, lies within a flood hazard area, the following shall be required:
00
-
(1) Delineation of flood hazard areas and flood zones, and design flood elevations, as N
appropriate, shall be shown on preliminary plats; and
(2) Compliance with the site improvement and utilities requirements of Section 107.43 of this
article.
a
Sec. 107.109. - Site Improvements, Utilities and Limitations. 0
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;
X
(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 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.
D.Limitations on placement of fill. Subject to the limitations of this article,fill shall be designed 0
to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, U_
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
by the Florida Department of Environmental Protection and only if the engineering analysis
required by Section 107.35.13 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 107.47.F(3) of this article. -
Sec. 107.110. -Manufactured Homes.
0
A. General; limitation. All manufactured homes installed in flood hazard areas shall be installed <
LO
by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the 9
00
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.
B. Foundations. All new manufactured homes and replacement manufactured homes installed in
flood hazard areas shall be installed on permanent, reinforced foundations that: 0
(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
107.44.17 of this article are permitted to be reinforced piers or other foundation elements of
at least equivalent strength. W
4i
(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. E
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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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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 sub j ect 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
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 0
incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the U_
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 E
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
4-
applicable to the flood hazard area, in the Florida Building Code, Residential Section 0
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.
LO
G. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the 00
00
requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such N
enclosed areas, as applicable to the flood hazard area.
H. Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall 0
comply with the requirements of the Florida Building Code, Residential Section R322, as 0
applicable to the flood hazard area.
Sec. 107.111. - Recreational Vehicles and Park Trailers.
A. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood
hazard areas shall: w
(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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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.
B. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation a
requirements of Section 107.46.0 of this article shall: 0
U_
(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).
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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 0
prevent flotation, collapse or lateral movement during conditions of the design flood. Tank- 0
supporting structures shall meet the foundation requirements of the applicable flood hazard area.
CL
0
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 LO
of floodwater or outflow of the contents of the tanks during conditions of the design flood; 00
and N
N
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, during conditions of the design flood.
Sec. 107.113. - Other Development. 0
0
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;
x
(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;
(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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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 parkingpads 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 0
the concrete slabs are designed and constructed to be: U-
(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
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(3) Have a maximum slab thickness of not more than four(4)inches.
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D. 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: 0
4-
(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 ,0
foundation requirements that apply to the building or structure, which shall be designed to
accommodate any increased loads resulting from the attached deck. LO
00
(2) A deck or patio that is located below the design flood elevation shall be structurally T-
independent from buildings or structures and their foundation systems, and shall be a
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.
0
(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.
(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. 5004
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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
to avoid obstruction of floodwaters; and 0
(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. E
(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. 4-
0
(3) Where authorized by the Florida Department of Environmental Protection or applicable 29=
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
LO
the dune work is consistent with local beach-dune morphology and the vertical clearance 9
00
is maintained between the top of the sand dune and the lowest horizontal structural member
of the building.
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SECTION 3. Land Development Code, Chapter 110 — Definitions, Article 3 is hereby
amended by the following:
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0
ene pefeent ef gfea+er- ehanee ef fleeding in a..y 5-1.. Y'ar-. This term is syneflym tis with the
phrase "speeial flead hazard area".
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by 2
the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil �i
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.
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Packet Pg. 5005
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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
elevated buildings.
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Design flood. The flood associated with the greater of the following two areas: [Also defined 0
in FBC, B, Section 202.1
(1) Area with a floodplain subject to a 1-percent or greater chance of floodingin n any year, or U
0
(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 0
designated as Zone AO where the depth number is not specified on the map, the depth number 0
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.1
.2
0
Development: Any man-made change to improved or unimproved real estate, including, but
not limited to; buildings or other structures, tanks, temporary structures, mining, dredging, filling, LO
grading, paving, excavating, er drilling operations, temporary or permanent storage of materials i
or equipment or any other land disturbing activities.
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Development The eaffy1fig OtA Of any building ae6v4y-,-the making E)f any
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land into two (2) or-fnar-e par-eels.
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following ietiyitere-9-o uses sh"lzcll be taken t6 involve "development":
of a stpdettir-e an land or-water-.
units in a stmettir-e or- an land or- a fnater-ial iner-ease in the atimber- of businesses-, X
land. a
3. Alter-ation of a share or-bank of a seaeaast, lake, pond or- eanal, ineludifig any wafk E
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ean
d tions o .,t,,-.,1 share and inlet p 0 0
of of land.
21
Packet Pg. 5006
S.5.i
. .,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 Qi
of development. Refer-enee to any speeifie operation is not intended to fnean that t
-R I"I eulaf operations is not intended toli er-a4y of this definition. 0
2
G. For- the pur-pose of this ehaptef, the fellowi is of uses shall not be taken to U-
inyol e "de elo eat4
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�9
stmeta e, if the .a-LE aff-eets 1y the ealeff of decaiution of the e�tefiof of he
E
vvastfueted-
way sueh as yards and other-non natdr-al planting areas.
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4. n ,, .o; , the r�, �, .,owner-ship ,,., par-eel st. , „ro 0
t,
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r-eqttifed by law.
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6. The elear-ing of sufNey euts of other-paths of less than fatif(4) feet in width and
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C-01� iitaiaed in fnewed state prior-to the eff-eetive date of the plan, the
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D. For- fleadplain managemeat ppc r-poses any man made change—to imprviced of:
fnining, dredging, filling, gr-ading, pA-"*---, ---a-tion or-drilling operations or- star-age-of
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Development Order: Any order granting, denying, or granting with conditions, an application
for a development permit. E
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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. 5007
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„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 gr-etind level by fetinda+ien walls, sheaf-walls, posts, pier-s, pilings, er- CL
i,,�,,� 'a
s 0
2
"
of "
n n may also be referred to as- n
stmetuH$s.
Existing Building and Existing Structure. Buildings and structures for which the "start of
construction" commenced on or after October 16, 2000.
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Existing Manufactured AA4�k—Home Park(Flood
plain): A manufactured mebile home park
for which the construction of facilities for servicing the lots on which the mobile homes are to be
affixed (including at a minimum the installation of utilities, the construction of streets, and either 0
final site grading or the pouring of concrete pads) is completed before October 16, 2000. the 0
n stai4 of n 0
Expansion to an Existing ManufacturedA44ik—HOme Park(Flood lain): The preparation of LO
00
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 cN
site grading or the pouring of concrete pads).
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Flood damyZe-resistant materials. Any construction material capable of withstanding direct E
and prolonged contact with floodwaters without sustaining any damage that requires more than 0
cosmetic repair. [Also defined in FBC, B, Section 202.1 a
0
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
ear. X
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
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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 202.1 4FY&F ~nee
that identifies, based e4-;- de*ftile�— Aff- analysis, af:eas ef 100 yeaf:fleed ha
23
Packet Pg. 5008
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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 speeific-
Flood
plain Administrator. The office or position designated and charged with the
administration and enforcement of this ordinance (may be referred to as the Floodplain Manager), 0
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health r-egulations, and other- applieations of poliee power- whieh eantr-al development in flood
zsr
pr-ene areas. This term deser-ibes any eembina+ien ef Feder-a!, Sta+e er- Weal r-egdla iens whieh
provide standards ffe
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and r-edeeing flood less and damage-,
eantents needed to pro tpdetur-al failur-e,to keep water-out, or-to r-eduee e ts of wa ef:
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,v4006Af,t#,or-Regniator-Y,F4006Af,t#,.-- An inlet or-other-water-eatir-se and adj aeeat land areas th 0
4-
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, 0
including: Florida Building Code,Building;Florida Building Code,Residential;Florida Building <
Code, Existing Building; Florida Building Code, Mechanical;Florida Building Code, Plumbing LO
Florida Building Code, Fuel Gas. co
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-VIff-1-6049d' A faetar- of saf�4y usually e�Epr-essed in feet above a flood level fOr- ptir-PE)ses E)
eantr-ibute to flood heights greater-than the height ealetilated for-a seleeted size flood and floodway
the water-shed,abstmet the flow of velaeit-y water- and wave aetion beneath the lowest h0fizOatal stM6ttffal
member-ef the lewest fleer-ef tan eleva+ed beilding der-ing a base fleed event is fiet allewed. This
0 t applies t the statettir-es in eloeity Zones (NL zo*es)-.
Functionally dependent use. A use which cannot perform its intended purpose unless it is x
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. 5009
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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 121: 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. Listed individually in the National Register- of Mistar-ie Plaees (a !is ie&b-y
he r-equir-ements for-individual listing E)a the National Register-,
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D. individually listed an a Weal inventory of histar-ie plae- -flities with histar-ie
1.
By an approved state pr-agr-afn as detefmined by the Seer-etar-y of the later-iar-; OF0
a
0.
Letter ofMap 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:
LO
Letter of Map Amendment(LOMA): An amendment based on technical data showing that 9
a property was incorrectly included in a desi nab ted special flood hazard area. A LOMA V-
amends the current effective Flood Insurance Rate Map and establishes that a specific N
N
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
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 0
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. B
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to x
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. 5010
S.5.i
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.
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 0
permanent, integral chassis and is designed for use with or without a permanent foundation when U-
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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Administr-ation having an effeetive date of Deeember- 13, 1999, as may be amended.
4-
�af:establishing var-ious elevations within the fleadplain. For-pur-poses of fleadplain managemeat 0
nri,ori ,, nlo+; ,i D,t„ri, (.Tnnrn) fi944CL
0
New Construction: For floodplain management purposes, any structure for which the "start of <
construction: commended on or after October 16, 2000 and the e€feetive date ofthe initial L'
00
data establishes the area -ef-speeraz . The also includes any subsequent N
improvements to such structures. Fer f4eed instir-aneeTates, new eenstpdetien ineltidesstpdeta
these eeatmlet� t ,
New manufactured home park or subdivision. A manufactured home park or subdivision
e
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 2
either final site grading or the pouring of concrete pads)is completed on or after.
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. 5011
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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.
eithef have been damaged, altered Ew r-emoved Ew shall be altered to an e�Eteat e�Eeeediag 90 per-eent S
Recreational vehicle (Floodplain). A vehicle, including a park trailer, which is: [See
section 320.01, F.S.)
U
(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
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(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
4-
Special Flood Hazard Area: An area in the floodplain subject to a 1 percent or greater chance 0
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 C
having a speeial flead hazard and shown E)a a FIE)E)d 14azar-d Batiadar-y or- Flood
• LO
Start of Construction: lael rdc,Tsubstc'ntial impr-evements, The-actual st r means the firn00
N
eanstmetion does not inelude land stieh as elea-ing, grading and filling; HA-.r- -deeq- 4,
of eanstmetion means the first alteration of any wall, eeiling, flear-, or- other- stmetur-al pai4 of-a the patir-ing of slabs or-footings, installation of piles, eanstpdetion of ealumfis, or-any war-k beyond
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
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, x
such as the pouring of slab or footings, the installation of piles, or the construction of columns. w
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, E
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
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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.
'he tifne of eae-h- sureh flood-event, E)a average, equals E)r-e�Eeeeds 25 per-eent of the fnar4etl 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
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 a
improvement or repair of each building is permitted subsequent to June 1,2012. This term includes
0.
structures which have incurred "substantial damage", regardless of the actual repair work 0
performed.
LO
The term does not, however, include either:
00
A. Any proj ect for improvement of a structure to correct existing violations of state or local N
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions; or
B. An alteration of a "historic structure" provided that the alteration will not preclude the 0
Y P P a
structure's continued designation as a "historic structure". 0
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
in a manner that would not otherwise be permitted by this ordinance or the Florida Buildin Code.
SECTION 4. Land Development Code, Chapter 108- Nonconformities is hereby amended
by the following:
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. 5013
S.5.i
(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
U)
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SECTION 5. Code of Ordinances, Chapter 6—Buildings and Building Regulation is hereby as
amended by the following administrative and technical amendments to the Florida Building
Code
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Sec. 6-25 Amendments to the Florida Building Code, Building c
U_
Modify Sec. 107.3.5 as follows:
107.3.5 Minimum plan review criteria for buildings.
Commercial Buildings: Building E
M
8. Structural requirements shall include:
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- r_
resistant materials.
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Residential (one- and two-family): c
6. Structural requirements shall include:
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Flood hazard areas, flood zones, design flood elevations, lowest floor T_
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elevations, enclosures, declaration of land restriction (nonconversion N
and flood damage-resistant materials. �'
agreement), equipment, g �
Modify Sec. 110.3 as follows: 0
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110.3 Required inspections.
Building [partial shown]
1. Foundation inspection.
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1.1.In flood hazard areas, upon placement of the lowest floor, including
basement, and prior to further vertical construction, the FEMA Elevation
Certificate(FEMA Form 086-0-33)4e��� shall be submitted W
to the authority having jurisdiction.
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5. Final inspection. E
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. 5014
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east of r-ester-ing the stfttetur-e to its before damaged eandition would equal E)r- e�Eeeed 50
mod.
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, 0
rehabilitation, alteration, addition or other improvement of a building or structure taking U-
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:
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.
.2
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0
Sec. 6-26 Amendments to the Florida Building Code, Existing Building
LO
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Modify Sec. 202 as follows:
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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, 0
oeetir-r-ed.
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, ;2
rehabilitation, alteration, addition or other improvement of a building or structure taking X
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
of accumulation begins when the first improvement or repair of each building or structure E
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. 5015
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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
spaces, that are below the design flood elevation shall: 0
1. Be used solely for parking of vehicles, building access or storage. The interior U_
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
with the premises standard exterior door) or entry to the building (stairway or
elevator).
Remainder unchanged
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0
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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 0
support of the building or structure and:
1. Electrical, mechanical and plumbing system components are not to be mounted on LO
or penetrate through walls that are designed to break away under flood loads; and 00
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
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 0
determined using allowable stress design; or a
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 pai4itiens below the design flood elevation have been designed
to collapse from a water load less than that which would occur during the base
flood. w
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 elevatorl
R322.3.6 Construction documents. The construction documents shall include the City of 0
Marathon's V-Zone Certification form ,a,,,.time tat ,, 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. U
Sec. 6-52 —Building or site preparation permits required; exceptions
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Modify (a)(1)a.l.v as follows:
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v. No structural fill may be placed in a coastal high hazard area ("VE" flood E
zone)as described in Article 15 4-2 of Chapter 107 of the Marathon Code of
Ordinances; and -
SECTION 6. FISCAL IMPACT STATEMENT. 0
In terms of design,plan application review, construction and inspection of buildings and structures
the cost impact as an overall average is negligible in regard to the local technical amendments LO
because all development has been subject to the requirements of the local floodplain management 00
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.
SECTION 7. APPLICABILITY. E
For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Marathon. 0
This ordinance shall apply to all applications for development, including building permit a
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
shall become and be made a part of the City of Marathon's Code of Ordinances, and that the
sections of this ordinance may be renumbered or relettered and the word "ordinance" may be �i
changed to "section," "article," "regulation," or such other appropriate word or phrase in order to
accomplish such intentions.
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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
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Michelle Coldiron, Mayor
AYES: Zieg, Bartus, Senmartin, Cook, Coldiron
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: -
CL
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Diane Clavier, City Clerk .,
(City Seal) Ul)
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE cN
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
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City Attorney, David Migut
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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
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
MARATHON AMENDING THE LAND DEVELOPMENT CODE TO 0
AMEND CHAPTER 107 GENERAL DEVELOPMENT STANDARDS, U-
ARTICLE 12 FLOODPLAIN MANAGEMENT TO PROVIDE CRITERIA
FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS AND a
TO SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD
HAZARD AREAS; AMENDING CHAPTER 110 DEFINITIONS; AND
PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND E
PROVIDING FOR AN EFFECTIVE DATE.
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 —
r-
WHEREAS, the Federal Emergency Management Agency released FEMA Policy 4104- c
g Y g g Y YCL
008-03 Floodplain Management Requirements Accessory Structures; and 0
WHEREAS, the City Council body has determined it appropriate to adopt regulations
that are consistent with the FEMA Policy to allow issuance of permits for wet floodproofed
CD
accessory structures that are not larger than the sizes specified in the FEMA Policy. N
WHEREAS, the City of Marathon participates in the National Flood Insurance Program 0
and participates in the NFIP's Community Rating System, a voluntary incentive program that 0
recognizes and encourages community floodplain management activities that exceed the
minimum program requirements, achieving a CRS rating of Class 6; and
WHEREAS, in 2020 the NFIP Community Rating System established certain minimum
prerequisites for communities to qualify for or maintain class ratings of Class 8 or better and to X
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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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:
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CHAPTER 107 GENERAL DEVELOPMENT STANDARDS
ARTICLE 12. - FLOODPLAIN MANAGEMENT
Section 107.98. - General. 0
A. Title. These regulations shall be known as the Floodplain Management Ordinance of the U-
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 U
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 E
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. 0
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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 0
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; N
N
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage; 0
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(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 and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain; a
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(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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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
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 0
shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal U_
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 U
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
Council of the City of Marathon or by any officer or employee thereof for any flood damage
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that results from reliance on this ordinance or any administrative decision lawfully made
thereunder.
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(Ord. No. 2018-05 , § 2, 8-14-2018) 0
Section 107.99. - Applicability.
PP tY. .
A. General. Where there is a conflict between a general requirement and a specific 0
requirement, 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 107.99.C107.�!.Oof this chapter. N
N
C. Basis for establishing flood hazard areas and Species Focus Areas and Real Estate
Numbers.
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(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 ordinance 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, 9805 Overseas Highway, Marathon, W
FL 33050.
(2) The Species Focus Area Maps (SFAMs) and the real estate numbers of parcels (RE E
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
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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
removes the area from the special flood hazard area. 0
E. Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions .2
of local, state or federal law.
U
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.
0
G. Interpretation. In the interpretation and application of this ordinance, 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.
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(Ord. No. 2018-05 , § 2, 8-14-2018) N
Section 107.100. - Duties and Powers of the Floodplain Administrator. 0
A. Designation. The City Manager is designated as the Floodplain Administrator. The 0
Floodplain Administrator may delegate performance of certain duties to other employees,
particularly the Building Official and the Certified Floodplain Manager.
B. 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 ;2
render interpretations of this ordinance consistent with the intent and purpose of this X
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.
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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;
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(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;
(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 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
areas comply with the applicable provisions of this ordinance.
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, C
renovations, substantial improvements, repairs of substantial damage, and any other
0.
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 N
the start of construction of the proposed work; in the case of repair, the market value of N
the building or structure shall be the market value before the damage occurred and 0
before any repairs are made; a
(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; the determination requires evaluation of �i
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
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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 CL
Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine 0
if development is undertaken without issuance of a permit. U-
W
H. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have �d
other duties, including but not limited to: U
(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;
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(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
P Y P P g 0
elevations or flood hazard area boundaries; such submissions shall be made within six -
(6) months of such data becoming available;
(3) Review required design certifications and documentation of elevations specified by 0
this ordinance 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 V-
the City of Marathon are modified; and N
(5) Advise applicants for new buildings and structures, including substantial 0
improvements, that are located in any unit of the Coastal Barrier Resources System a
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."
x
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 2
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
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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
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) 0
and approval(s). No such permit or approval shall be issued until compliance with the U_
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, u
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 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 C
(44 C.F.R. Sections 59 and 60), development permits shall be required for the following
0.
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.
N
(2) Nonresidential farm buildings on farms, as provided in Fla. Stat. § 604.50. N
(3) Temporary buildings or sheds used exclusively for construction purposes. 0
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(4) Mobile or modular structures used as temporary offices. 0
(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.
(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, W
and that does not incorporate any electrical,plumbing, or other non-wood features.
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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 by legal
description, street address or similar description that will readily identify and
definitively locate the site. 0
U_
(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.
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(7) Give such other data and information as required by the Floodplain Administrator.
(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
issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of N
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 0
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.
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 W
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.
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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; 7
Section 404 of the Clean Water Act.
(6) Federal permits and approvals.
C,
(Ord. No. 2018-05 , § 2, 8-14-2018) 0
Section 107.102. -Protection of Endangered Species. W
A. Applications with Determination of Unsuitable Habitat. Upon receipt of a floodplain �d
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;
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(2) The date of the determination; and
(3) The date of the SFAM and RE list used to make the determination.
0
Once the determination has been made, the City of Marathon may take action on the 0
floodplain development permit application without further concern for Federally threatened and
endangered species and their habitat.
0
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. Q
(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 0
assistance by the Service. For applications that require such assistance, the City of 0
Marathon 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 Marathon shall condition the
floodplain development permit to incorporate the Service's recommendations to avoid a
and/or to minimize possible impacts on Federally listed threatened and endangered W
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
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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)
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Section 107.102.1. - Site Plans and Construction Documents.
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
to scale and shall include, as applicable to the proposed development: 0
U-
(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. E
a�
(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; 0
compaction specifications; a description of the intended purpose of the fill areas; and 0
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. N
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 0
required to be prepared by a registered design professional if it is found that the nature of the 0
proposed development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance.
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 ;2
sealed by a Florida licenses engineer that demonstrates that the proposed alteration will not X
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
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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S.5.j
(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
Administrator shall inspect buildings, structures and facilities exempt from the Florida
Building Code to determine compliance with the requirements of this ordinance and the 0
conditions of issued development permits. U-
W
D. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor d
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 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 C
certifications and documentations shall be prepared as specified in Section 107.102.2.1)
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n�.Pof this chapter.
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 ordinance and the conditions of the issued permit. Upon placement of a Q
manufactured home, certification of the elevation of the lowest floor shall be submitted to .N
the Floodplain Administrator. 0
C
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.3. - Variances and Appeals.
A. General. The Planning Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of this ordinance. Pursuant to Fla. Stat. §
553.73(5), the Planning Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of the flood resistant construction W
requirements of the Florida Building Code. This section does not apply to Section 3109 of
the Florida Building Code, Building. E
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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 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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S.5.j
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.
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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 0
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 U
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
this ordinance, pr-Ewided toe ets toe Seetiar 107 ^, is the minimum 2
o
necessary considering the flood hazard, and all due consideration has been given to use of 4-
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 0
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; N
N
(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 a
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;
(5) The availability of alternate locations for the proposed development that are subject to ;2
lower risk of flooding or erosion; w
(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
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S.5.j
(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 7
any provision of this ordinance or the required elevation standards;
(2) Determination by the Planning Commission that:
C,
(a) Failure to grant the variance would result in exceptional hardship due to the a
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 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
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ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford
relief,
(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 a
(4) If the request is for a variance to allow construction of the lowest floor of a new C
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 N
will be commensurate with the increased risk resulting from the reduced floor elevation N
(up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that 0
construction below the base flood elevation increases risks to life and property. a
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.4. - Violations.
A. 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 a
conflict with an issued permit, or that does not fully comply with this ordinance or the W
conditions established by grants of variance, shall be deemed a violation of this ordinance
and punishable as a non-criminal violation. A building or structure without the �E
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
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S.5.j
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.
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.5. - Buildings and Structures. 0
Design and construction of buildings, structures and facilities exempt from the Florida
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.
(Ord. No. 2018-05 , § 2, 8-14-2018)
Section 107.102.6. - Subdivisions. ,-
A. Minimum requirements. Subdivision proposals, including proposals for manufactured home
parks and subdivisions, shall be reviewed to determine that:
CL
(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 T-
water systems are located and constructed to minimize or eliminate flood damage; and Q
(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 0
from proposed structures. 0
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:
(1) Delineation of flood hazard areas and flood zones, and design flood elevations, as X
appropriate, shall be shown on preliminary plats; and
(2) Compliance with the site improvement and utilities requirements of Section 107.102.7
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. 5032
S.5.j
(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
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 0
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to U_
W
minimize or eliminate infiltration of floodwaters into the facilities and discharge from the �d
facilities into flood waters, and impairment of the facilities and systems. U
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.
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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
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.
E. Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, 0
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 107.102.1.13 107 35 a of this chapter demonstrates leg
that the proposed alteration will not increase the potential for flood damage. Construction or Q
restoration of dunes under or around elevated buildings and structures shall comply with N
Section 107.102.11.F(3) I Q:Z J:Z U(2of this chapter. 0
(Ord. No. 2018-05 § 2, 8-14-2018)
Section 107.102.8. - Manufactured Homes.
A. General; limitation. All manufactured homes installed in flood hazard areas shall be
installed by an installer that is licensed pursuant to Fla. Stat. § 320.8249,and shall comply
with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. X
Unless located in a manufactured home park or subdivision, new installations of W
manufactured homes are not permitted. New installations are not permitted in coastal high
hazard areas (Zone V)under any circumstance. E
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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. 5033
S.5.j
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 7
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 CL
frame ties to ground anchors. This anchoring requirement is in addition to applicable state 0
and local anchoring requirements for wind resistance. U_
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). E
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R�22.2 (4,),,e n) OF c eGt-ieff R�22.3 (;4e+e-3,1)
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R�22.2 (Za+ e n) ceet4e+i R�22.3 (Z,,,�r-
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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
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S.5.j
(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
additions, rooms, stairs, decks and porches. C
0
B. Permanent placement. Recreational vehicles and park trailers that do not meet the L
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)
Section 107.102.10. - Tanks.
A. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent
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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. 4-
0
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: C
(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 W
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming CD
the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V). a
0
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-supporting structures shall meet the foundation requirements of the applicable flood
hazard area.
x
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. 5035
S.5.j
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
flood; CL
(3) Be constructed of flood damage-resistant materials; and 0
U_
(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.
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 107.102.11.A 107.47.�. of this
P PY0
chapter. -
a
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 0
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:
N
(1) Structurally independent of the foundation system of the building or structure; N
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable 0
of causing significant damage to any structure; and a
(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
the Florida Building Code, in coastal high hazard areas decks and patios shall be located,
designed, and constructed in compliance with the following:
x
(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 E
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. 5036
S.5.j
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
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 _
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, E
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 0
wave runup and wave reflection that would increase damage to adjacent buildings and 0
structures. Such other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control 0
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 CN
function to avoid obstruction of floodwaters; and CN
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled 0
systems or mound systems. a
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.
(2) Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to five x
(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. 5037
S.5.j
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:
Chapter 110 - DEFINITIONS 0
U_
ARTICLE 1. - GENERAL Section 110.00. - Construction of Words and Phrases.
U
ARTICLE 3. - DEFINED TERMS
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0
0
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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. 5038
S.5.j
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 U
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.
CL
Section 7. This Ordinance shall become effective immediately upon adoption on 0
second reading. U-
ENACTED BY THE CITY COUNCIL OF THE CITY OF MARATHON, U
FLORIDA, THIS 9TH DAY OF MARCH 2O21.
THE CITY OF MARATHON, FLORIDA
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Luis Gonzalez, Mayor
4-
0
AYES: Zieg, Cook, Bartus, Senmartin, Gonzalez
NOES: None
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ABSENT: None 0
ABSTAIN: None
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ATTEST: cN
a
0
Diane Clavier, City Clerk
(CITY SEAL)
x
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, Steven T. Williams
Packet Pg. 5039
Exhibit 8
LAYTO N
CHAPTER 114- FLOOD DAMAGE PREVENTIONM
Footnotes:
dliitooiµa unote ... Ord. II No, 2011:1...09 03, § y, ad() led 0(1, y, 2018, urepeWed l]l e R)inraer CIln 114, §§ 114 �
1 ...1 14 '1 , 114 yy 1 l4..48, and 114 "70 114 72, and ena(1ed a new CIln 114 as sal ()W Ilnaereun I ne
R)ininer CIln. 114 peu launed sliiinlllau sUb e(l iraaller and deiJved lroirn II and Illaaalk)p pined Code o:2002,
30 01 30.04, 30 06 ...30 '1 y, 30 21 ...30 25, 30 33 ...,30 3l3; Ord II o 2011..09 01, § 2, ad() led Jan S,
01 rd No 2012 04...0 , ad() led IIMay y, 2012, Ord II o 2012...04 03, §§ y ...5, ad() led may y, 2012
CL
State IllI aw of efereusee AU III u(,op W Il k)iine II'tWe II Ioweurvs (1, II' S (Ih 133; Il...ocW GoverniineiA 0
(,()iralairehensuaa I)llann ng and II and IDeaak)piineiA IlteqWallk)n A(1, II S § 163 3161 al sey laurvov slk)ns
ureqWalling areas s0b e(l seasonW and peurvli )dk, 11()()6ng ureyuuuured, II' S § 163 3202(2)(d)
ARTICLE I. - IN GENERAL U
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; filling, grading, and '
10
other site improvements and utility installations; construction, alteration, remodeling, enlargement,
improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that 0
are exempt from the Florida Building Code; placement, installation, or replacement of manufactured C
0
homes and manufactured buildings; installation or replacement of tanks; placement of recreational
CL
vehicles; installation of swimming pools; and any other development. o
(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 losses due to flooding through ,
regulation of development in flood hazard areas to:
00
V-
(1) Minimize unnecessary disruption of commerce, access and public service during times of Q
flooding;
(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 00
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;
(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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(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
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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.
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(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)
Sec. 114-2. -Applicability.
(a) General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable. 0
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(b) Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the City C
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 as the minimum basis for establishing flood 00
hazard areas. Studies and maps that establish flood hazard areas are on file at City Hall, 68260
Overseas Highway, Long Key, FL. N
(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 a
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 ®a
city hall. 00
(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) 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:
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(1) Considered as minimum requirements; a
(2) Liberally construed in favor of the governing body; and U-
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
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(Ord. No. 2018-09-03, § 4, 10-4-2018)
Sec. 114-3. - Definitions.
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See chapter 101 for definitions of terms used in this chapter.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
4-
Secs. 114-4-114-10. - Reserved.
ARTICLE II. -ADMINISTRATION AND ENFORCEMENT 0
Sec. 114-11. - Duties and powers of the floodplain administrator.
(a) Designation. The building codes administrator is designated as the floodplain administrator. The
floodplain administrator may delegate performance of certain duties to other employees. 00
(b) General. The floodplain administrator is authorized and directed to administer and enforce the N
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
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.
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(c) Applications and permits. The floodplain administrator, in coordination with other pertinent offices of
the community, shall:
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(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 2
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applicable provisions of this article. a
(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
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.
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(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 chapter 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 00
strict application of the flood load and flood resistant construction requirements of the Florida Building Q
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.
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(g) Inspections. The floodplain administrator shall make the required inspections as specified in section 00
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.
(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 U
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
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.
(Ord. No. 2018-09-03, § 4, 10-4-2018) 4-
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Sec. 114-12. - Permits. g
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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
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 00
be issued until compliance with the requirements of this article and all other applicable codes and
regulations has been satisfied. N
(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, C
0
structures and facilities exempt from the Florida Building Code. Depending on the nature and extent
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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. 00
(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.
(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 2
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such structures are located in flood hazard areas established on flood insurance rate maps. a
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:
(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 114-14 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. a
(e) Validity of permit or approval. The issuance of a development permit pursuant to this chapter shall C
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. s
(f) Expiration. A development permit shall become invalid unless the work authorized by such permit is00
commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned N
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.
(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
00
community.
(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 LU
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
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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 0
file that indicates:
(1) The name of the city official that made the determination;
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(2) The date of the determination; and �s
(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 E
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 -
guide is on file at the city hall. a
(1) The City of Layton shall use the species assessment guide to determine whether the applicant 0.
for a floodplain development permit application must seek technical assistance by the service. 0
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 and/or to minimize 00
It-
possible impacts on federally listed threatened and endangered species and their habitat.
N
(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.
a
(4) The city shall use the species assessment guides (SAGs) for properties that exist within the 0
boundaries of a completed habitat conservation plan and which are subject to the SFAMs. The CU
real estate folio number list which accompanies the SFAMs will be utilized in combination to
00
determine if a development permit application must be provided to the service for technical
assistance in order to meet the full requirements of the endangered and threatened sections of
this article.
(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.
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(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 CL
specifications; a description of the intended purpose of the fill areas; and evidence that the 0
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. U
(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
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 0
flood damage shall be submitted with the site plan and construction documents. a
(c) Submission of additional data. When additional hydrologic, hydraulic or other engineering data, CL
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.
00
(Ord. No. 2018-09-03, § 4, 10-4-2018) N
Sec. 114-15. - Inspections. �
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(a) General. Development for which a development permit is required shall be subject to inspection. �
00
(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.
(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.
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(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)
Sec. 114-16. -Violations. CL
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
t3
variance, shall be deemed a violation of this article and punishable as a non-criminal violation. A �s
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. E
(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 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 0
remedy any violation. 0
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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 0
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.
(Ord. No. 2018-09-03, § 4, 10-4-2018) 00
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Secs. 114-17-114-20. - Reserved.
ARTICLE III. - FLOOD RESISTANT DEVELOPMENT
Sec. 114-21. - Buildings and structures. 00
(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 E
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.
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(Ord. No. 2018-09-03, § 4, 10-4-2018) a
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Sec. 114-22. -Subdivisions.
(a) Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and U
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; E
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems
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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, including manufactured home parks
and subdivisions, lies within a flood hazard area, the following shall be required: CL
(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. ,
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(Ord. No. 2018-09-03, § 4, 10-4-2018)
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Sec. 114-23. -Site improvements, utilities and limitations.
a
(a) Minimum requirements. All proposed new development 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 reasonably
00
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 LU
4i
(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 E
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.
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(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.
(Ord. No. 2018-09-03, § 4, 10-4-2018)
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Sec. 114-25. - Recreational vehicles and park trailers.
(a) Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard
areas shall: 0
(1) Be on the site for fewer than 180 consecutive days; and g
CL
(2) Be fully licensed and ready for highway use,which means the recreational vehicle or park model 0
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 limitations in 00
section 114-25(a)of this article for temporary placement are not permitted.
cN
(Ord. No. 2018-09-03, § 4, 10-4-2018) 0
Sec. 114-26. -Tanks.
00
(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.
(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:
E
(1) Be permitted in flood hazard areas (Zone A)other than coastal high hazard areas, provided the
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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)
C,
Sec. 114-27. -Other development. 0
(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: �s
(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 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 0
to the provisions of the electrical part of building code for wet locations. a
(b) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,patios and similar CL
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 cn
designed and constructed to be: ,
(1) Structurally independent of the foundation system of the building or structure; 00
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing N
significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four inches. a
0
(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: 00
(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. E
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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 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
professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that 0
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; U
(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.
(e) Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: E
(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
a
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal g
shall be permitted only if an analysis prepared by a qualified registered design professional CL
0
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 00
It-
floodwater or wave runup and wave reflection if the scale and location of the dune work is Q
CN
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. 2018-09-03, § 4, 10-4-2018)
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Packet Pg. 5052
Exhibit 9
S.5.1
City of Layton
Ordinance 2021-04-01
CL
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LAYTON 2
AMENDING THE CITY OF LAYTON +CODE OF ORDINANCES TO AMEND
CODE OF ORDINANCES CHAPTER 10 — BUILDINGS AND BUILDING
REGULATIONS; TO AMEND LAND DEVELOPMENT REGULATIONS U
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—
Municipalities, Florida Statutes, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its E
citizenry; and
0
WHEREAS, the City Council, by Ordinance No, 2018-00-03, adopted local
administrative and technical amendments to the Florida Building Code into Code of Ordinances,
CL
Chapter 10-- Buildings and Building Regulations at Section 10-3 and Section 10-4 and is 0
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 CLl
accessory structures to be consistent with the FEMA.
E
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, 0
SECTION 1. Amend Code of Ordinance Chapter 10 Buildings and Building Regulations as
follows:
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Repeal and reserve Section 10-3 Technical amendments to the Florida Building Code. QCN
i
I
Repeal and reserve Section 10-4 Technical amendments to the Florida Building Code,
Residential.
0 ;
SECTION 2. Amend Land Development Code Chapter 114 Flood Damage Prevention as
shown in Exhibit A.
i
X
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
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Ordinance No.2020-20
Land Development Code Amendment-CR5 Modification Page I of 3
DRC Case#CDA20.ONO3
Packet Pg. 5053
S.5.1
applications and subdivision proposals, submitted on or after the effective date of this
ordinance. U'
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.
L)
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
of the ordinance as a whole, or any part thereof, other than the part so declared.
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SECTION 6. EFFECTIVE DATE,
This ordinance shall take effect on (insert date).
PASSED on first reading {insert date). 0
PASSED and ADOPTED in regular session, with a quorum present and voting, by the
COL
{governing body), upon second and final reading this {insert date}. 0
FIRST READING by the City of Layton City Council this 1st clay of April, 2021.
Seat I —Councilwoman Yesenia Diaz NO YES X
Seat 2—Councilman Philip Porter NO _ YES Not Present �
Seat 3 —Vice ayor Greg Lewis NO YES X
Seat 4—Counc lwoma t Cindy Lewis NO� YES X
Seat 5- Councilwoman Susan Grant NO YES X
SECOND READING- AND DULY ADOPTED by the City of Layton City Council this 6"' clay CN
of May, 2021 c1
I
Seat I —Councilwoman Yesenia Diaz NO YES X
Seat 2—Councilman Philip.Porter NO YES X
Seat 3 —Vice Mayor Greg Lewis NO YES X
Seat 4 _Councilwoman Cindy Lewis NO YES X
Seat 5- Councilwoman Susan Grant NO YES X
x
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ordinance No.2020-26
Land Development Code Amendment-CRS Modification Page 2 of 3
DRC Cure 4CDA20.00003
Packet Pg. 5054
S.5.1
PASSED AND ADOPTED ON SECOND READING THIS 6 DAY OF.__ MAY,
2021.
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0
ity of Layton, Bruce Halle, Mayor
9_ (SEAL)
1�4imi Young, derk
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APPROVED AS TO FORM AND LEGALITY
FOR'THE USE AND BENEFIT OF THE
CITY OF LAY OI�i O�1LY
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Gaelen J s,City AttorneCL
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Ordinance No,2020.26
Land Development Code Amendment-CRS Modifivation Pap 3 of
DRC Case 4CDA20-00003
Packet Pg. 5055
S.5.1
EXHIBIT A
CHAPTER 114- FLOOD DAMAGE PREVENTION E
ARTICLE 1. - IN GENERAL o
0
Sec. 114-1. - General.
(a) Title, These regulations shall be known as the floodplain management ordinance of the City j
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;
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;pwle
.... _. ,. installation
pools;
,
or replacement of tanks; placement of recreational vehicles; installation of swimming
and any other development. 4
(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 CL
safeguard the public health, safety, and general welfare and to minimize public and private o 1
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;
(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 and shorelines to minimize the impact of 0 I
development on the natural and beneficial functions of the floodplain; rL
(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; C
(7) Minimize the need for future expenditure of public funds for flood control projects and `3
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
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 manmade or natural causes, This chapter
i
Packet Pg. 5056
S.5.1
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 CL
59 and 60 may be revised by the Federal Emergency Management Agency, requiring this a 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 E
from reliance on this chapter or any administrative decision lawfully made thereunder,
(Ord. No. 2018-09-03, §4, 10-4-2018)
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Sec. 114-2. -Applicability,
(a) General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable. 0
(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. o
(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
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. E
(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 0
with the Biological Opinion, dated April 30, 2010, as amended, for the City of Layton, 2
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 114-14 of this article the floodplain Q
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 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.
(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, f
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f
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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
abrogate any existing ordinances including but not limited to land development regulations, 0
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: 0
(1) Considered as minimum requirements;
(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.
(Ord. No. 2018-09-03, §4, 10-4-2018)
0
Sec. 114-3. - Definitions. a
I
See chapter 101 for definitions of terms used in this chapter. 0
(Ord. No. 2018-09-03, §4, 10-4-2018)
g
Secs. 114-4-114-10. - Reserved,
ARTICLE II, -ADMINISTRATION AND ENFORCEMENT
Sec. 114-11. - Duties and powers of the floodplain administrator.
(a) Designation, The building codes administrator is designated as the floodplain administrator.
The floodplain administrator may delegate performance of certain duties to other employees. 0
(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 leg
interpretations, policies, and procedures shall not have the effect of waiving requirements Q
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 the community, shall:
(1) Review applications and plans to determine whether proposed new development will I
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 i
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
3
Packet Pg. 5058
S.5.1
fi
I
(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;
CL
(6) Review applications to determine whether proposed development will be reasonably a
safe from flooding; 0
(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, i
(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 0
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,
0
(4) Notify the applicant if it is determined that the work constitutes substantial improvement 0
UL
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this chapter 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 C''
approval to modify the strict application of the flood load and flood resistant construction N
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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S.5.1
(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 CL
pursuant to section 114-11(d) of this article; 0
(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 U
elevations or flood hazard area boundaries; such submissions shall be made within six it
months of such data becoming available;
(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, 0
I
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 0
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 0
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
available for public inspection at City Hall, 68260 Overseas Highway, Long Key, t'L,
3
3
(Ord. No. 2018-09-03, §4, 10-4-2018) CN
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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 i
within or partially within any flood hazard area shall first make application to the floodplain 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
Packet Pg. 5060
S.5.1
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. CL
(c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the 0
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 L
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.
(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.
0
(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
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 0
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.
N
(2) Describe the land on which the proposed development is to be conducted by legal Q
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, j
(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.
(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
6
Packet Pg. 5061
S.5.1
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 CL
permit is commenced within 180 days after its issuance, or if the work authorized is 0
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.
(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. E
(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; F.S. § 373,036, 4-
0
(2) Florida Department of Economic Opportunity, F.S. § 380,05, Areas of Critical State a
Concern, and F.S. ch. 553, Part IV, Florida Building Code.
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(3) Florida Department of Health for onsite sewage treatment and disposal systems; F,S o
§ 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.
(5) Florida Department of Environmental Protection for activities that affect wetlands and i
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
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(6) Federal permits and approvals,
I
(Ord. No. 2018-O9-03, §4, 10-4-2018)
0
0
Sec, 114-11 - 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 cN
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 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,
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Packet Pg. 5062
S.5.1
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
by the service. For applications that require such assistance, the City of Layton shall 2
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. "
� I
(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 provided to the e i
service for technical assistance in order to meet the full requirements of the endangered 0 '.
and threatened sections of this article. CLI
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. 0
(Ord. No. 2018-09-03, §4, 10-4-2018)
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Sec, 114-14. - Site plans and construction documents. {
(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: 0
(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 C,
landward of the reach of mean high tide. c'
(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.
(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,
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S.5.1
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 CL
compliance with this chapter. 6
0
(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 U
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
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 E
a format required by FEMA. Submittal requirements and processing fees shall be the
responsibility of the applicant. -
(Ord. No. 2018-09-03, §4, 10-4-2018)
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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
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 E
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 0
issued development permits.
(d) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor j
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 `,4
professional surveyor.
(e) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. a j
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
article.
X
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S.5.1
i
home,seAftsa#iee-" t"O
��rater-
(Ord. No. 2018-09-03, §4, 10-4-2018) CL
0
Sec. 114-16. -Violations. LL
(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 f0y comply with this chapter or the conditions
established by grants of variance, shall be deemed a violation of this article and punishable i
as a non-criminal violation. A building or structure without the documentation of elevation of i
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. 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 61
administrator is authorized to serve notices of violation or stop work orders to owners of the 0
property involved, to the owner's agent, or to the person or persons performing the work. 0 i
Nothing herein contained shall prevent the fioodplain administrator from taking such other CL
lawful actions as are necessary to prevent or remedy any violation. o
(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 small be considered a separate offense.
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(Ord. No. 2018-09-03, §4, 10-4-2018)
Secs. 114-17----114-20. - Reserved,
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ARTICLE 111,- FLOOD RESISTANT DEVELOPMENT 0
Sec. 114-21, - Buildings and structures.
(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 Q
CN
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 a
of ASCE 24, Structures exempt from the Florida Building Code that are not walled and roofed o '
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
and; getaG
(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'Buitdin
gode Residential and:;
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1
Packet Pg. 5065
S.5.1
a. When accessory to one- and two-family dwellings, are not larger than 150 s ,
ft:
b. Whgn accessory to other buildings, are not larger than 300 s . ft.
1.2) If located in coastal high hazard areas Zone V.NE are not located Below elevated e
2
buildings and are not larger than 100 sq.ft:
3 Are anchored to resist flotation colla se.or lateral movement iesultinq from flood
loads,
4 Have flood darns e=resistant materials used below the base flood elevation lus one '
1 foot.
5 Have mechanicalplumbing and electrical systems, including lumbin fixtures'
elevated to or above the.base flood elevation plUs one f foot:
r-I .- _
1p..Zane n C-4 ,r�z+.'rl..areas aGGe cnratn n4rr_no-].nrnnr than 150 square fo�n�{�
5 0 I
;rsnr{ shall egwirengenkn of D322 2
0
i -_gastal� 17gne VI
0
shall meet . >
Nod opeOing requiFemepts af.ASGE-24-, '
c Administrative and teclrirlcel ameridrrrents to M4 Ff6rid4.building Code �5ufldin' ;' E
JI) Moffi Sec. 107,3,5 as follov+s:', 0 1
107.3.5 Minimum plan review criteria for buildings.
Commercial Buildings., Building
8. Structural requirements shall include: C
Flood requirements in accordance with Section 1612, including lowest floor
elevations, F MA Elevaton
ficate (FEMA
nood rroofin .Cert€icate� MA!Form 086 0 34,.enclosurm �res� m flood damage-
resistant materials. '
Residential (one-and two-family):
6. Structural requirements shall include:
x
Flood hazard areas, flood zones, design flood elevations, lowest floor
elevations, FI MA_Elevation Certificate„(FFI►IIA Form 086 Q: 3);--enclosures,
equipment, and flood damage-resistant materials. E
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Packet Pg. 5066
S.5.1
2 M odify Sec. 110.3 as follows;
110.3 Required inspections. �
Building [partial shown] CL
0
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
EEMA Elevation Certificate„ FEMA Form.086-0-331, and a.statement bra
„tepistered des- n_professional that the foundation was constructed in E
�gq,M. pjiance.with the plans and is securely anchored on pilings or columns
shall be submitted to the authority having jurisdiction.
5. Final inspection.
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5.1. In flood hazard areas, as part of the final inspection,final EE=M;'1 Elevation
Certificate 5EMA Form 086-0-33 of the lowest floor elevation shall be E
submitted to the authority having jurisdiction. i
i
18) Kos fi i Sec. 1612 4 as foilciws; 0
1,612.4.4 Elevation re uirements. The minimum elevation.re uirements shall be as
`s -eoified.ln ASCE 24 or the base flood elevation plus 3 feet whichever is hi her: 0
L
dj T6chnieal einendments to the Florida.$uildirr. .Code,.Resi'dentidt.' 2
Moclr(y S60' R322 as follows'
R322.1.6 Protection of mechanical, plumbing and electrical systems. Electrical CL
systems, equipment and components; heating, ventilating, air conditioning, plumbing 1,
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. electrical,
plumbing, and other util' connect[gos.are not permittedbelow the base flood elevation. If
replaced as part of a substantial improvement, electrical systems, equipment and 0
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.
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Exception: Locating electrical systems, equipment and components; heating, cN
ventilating, air conditioning; plumbing appliances and plumbing fixtures; duct systems,
and other service equipment is permitted below the elevation required in Section 0 i
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
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
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. 5067
S.5.1
R322.2.1 Elevation requirements.
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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 0
the base flood elevation plus r 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 4. i
€ t 3 feet, or not less than fie# if a depth number is
not specified.
3, Basement floors that are below grade on all sides shall be elevated to or above
base flood elevation Pius -few-r 3ire , 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 a i
322.2.2.
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i
o
R322.2.2 Enclosed area below design flood elevation. Enclosed areas, including crawl j
spaces, that are .below the design flood elevation shall: 2
1. Be used solely for parking of vehicles, building access or storage. 'Enclosed areas
shall be 300 square feet or.less. The interior portion of such enclosed areas shall
� i'
taut be partitioned or finished into separate rooms except for stairwells ramps, and
elevators uhfess a ' artition is requirbd'by the fire code. The limitation.on pwtitlom
does npt aoolv to load bearing walls interior to perimeter wall crawls ace E a,
foundations, Access to enclosed areas shalt be the minimum necessary.to allow for
the parking. of vehicles:(garage door) or limited storage of maintenance equipment 0
Used in connection with the preMises`standard exterior door °or entry to the building — {
(stairway'or elevator). I
Romainder unchanged
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R322.2.3 Foundation design and construction Foundations shall be designed by a
registered design orofessionW and construction documents shalf iriclude'dpcumentatfon
that is Pregarad and sealed certi iri the de5i n and methods of construction resist flood i
loads the bbildin is securel anchored to.ade uatel anchored llin s or colilrrtris and the
desi n sheets the teguiremertts_of this section. �ie;- '°' . d
Aj
ef p
E
9-Xe e4vr Unless d
,end/'f 79i] ww.\ cy
13
Packet Pg. 5068
S.5.1
e is
more than 9 foot i2438 rn hi�
e ietaw he.finished
grade-af- -t e"oor spa.G941� -"G-wall-,: CL
0
0
R322.3.2 Elevation requirements.
1. Buildings and structures erected within coastal high-hazard areas and Coastal A d
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—foe43Q5
3le
..........i.
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 5
landscaping and for drainage purposes under and around buildings and for support of
parking slabs, pool decks, patios and walkways. 0
5. Walls and partitions enclosing areas below the design flood elevation shall meet the 0
requirements of Sections R322.3.4 and R322.3,5. CL
0
R322.3.5 Walls below design flood elevation. Walls wadi s 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
2. Are constructed with insect screening or open lattice; or E
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 o
system. Such walls, framing and connections shall have a resistance of not less than o
LL
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 `N `
documentation prepared and sealed by a registered design professional that; `'4
4.1. The walls a+Rd^paFt6a n below the design flood elevation have been designed
to collapse from a water load less than that which would occur during the base a
flood.
4.2. The elevated portion of the building and supporting foundation system have i
been designed to withstand the effects of wind and flood loads acting '
simultaneously on structural and nonstructural building components. Water-loading i
values used shall be those associated with the design flood. Wind-loading valuesLU
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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R322.3.6 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
CL
storage. Inclosed areas shall be 300 s uore feet or less. The Interior portion of such
enclosed area shall not be tern erature-controlled or partitioned or finished into separate 0
rooms except for stairwells rams and elevators- unless a partition is re uired by the fire LL
code Access to enclosed areas shall be the^minimum necessary to allow for the Orking of
veh cles (gyarage door) or limited storage of maintenance equipment used in connection U
with the premjses stanclard exterior door or entry to the building (stairway or elevator
(Ord. No. 2018-09-03, §4, 10-4-2018)
Sec. 114-22. - Subdivisions.
(a) MJnimum requirements. Subdivision proposals'. E
s addiies shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be 0 j
reasonably safe from flooding; a a
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water CL
systems are located and constructed to minimize or eliminate flood damage; and o
(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 o
from proposed structures.
(b) Subdivision plats Where any portion of proposed subdivisions,
l "d-str d r+s o lies within a flood hazard area, the fo4owing shall be required: CL
(1) Delineation of flood hazard areas and flood zones, and design flood elevations, as
appropriate, shall be shown on preliminary plats; and E�
(2) Compliance with the site improvement and utilities requirements of section 114-23 of
this article. o
(Ord. No, 2018-09-03, §4, 10-4-2018)
i
Sec. 114-23. - Site improvements, utilities and limitations.
(a) Minimum requirements. All proposed new development shall be reviewed to determine that: `14
(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: LU
4i
(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
Packet Pg. 5070
S.5.1
i
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 inCL
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and 0
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems, LL
(d) Limitations on placement of fill. Fill shall not be used to support buildings and structures. i
Minor amounts of noncompacted fill may be placed for drainage improvement and U i
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 E
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 1
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.
0
(Ord. No. 2018-09-03, §4, 10-4-2018)
CL
Sec. 114-24. - Manufactured homes.
The installation of manufactured homes is not permitted in the City of Layton, �
0
(Ord. No. 2018-09-03, §4, 10-4-2018)
Sec. 114-25. - Recreational vehicles and park trailers,
(a) Temporary placement. When permitted uncles Section 1264116 of fhis code;Recreational
vehicles and park trailers placed temporarily in flood hazard areas shall r
e ssat��ea�ys-aid#
{ e fully licensed and ready for highway use, which means the recreational vehicleLL
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 Q
limitations in section 114-25(a) of this article for temporary placement are not permitted.
(Ord. No. 2018-09-03, § 4, 10-4-2018) a
Sec. 114-26. - 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.
(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
16
Packet Pg. 5071
S.5.1
i
(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
the tank is empty and the effects of flood-borne debris. e
0
(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 flotation, collapse or lateral movement during conditions of the design flood. Tank- i
i
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 bw
(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 4
loads, including the effects of buoyancy, during conditions of the design flood. a I
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(Ord. No. 2013-09-03, §4, 10-4-2018)
I
Sec. 114-27, - Other development.
e
(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:
(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 flood;
(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 C'4
wet locations, F4
(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;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and j
(3) Have a maximum slab thickness of not more than four inches. j
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I
(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 ofCL
the lowest horizontal structural member at or above the design flood elevation and any 0
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,
(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 E
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 0
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
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structures. 0
(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,
CL
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 E
qualified registered design professionals demonstrate no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to adjacent buildings and 0 3
structures, Such other development activities include but are not limited to: 2
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(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 N
function to avoid obstruction of floodwaters; and N
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F,A,C., as filled
systems or mound systems, 0 1
(e) 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. '
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(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.
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(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 locationCL
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 o
structural member of the building.
(Ord, No. 2018-09-03, §4, 10-4-2018)
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Final Order No. DEO-21-033
STATE OF FLORIDA 7
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION 0
ADOPTED BY CITY OF LAYTON -
ORDINANCE NO. 2021-04-01
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FINAL ORDER
APPROVING CITY OF LAYTON ORDINANCE NO. 2021-04-01
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The Department of Economic Opportunity ("Department") hereby issues its Final Order,
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
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FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380,0552, Florida Statutes, as an
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"), j
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
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structures. 0
4. In addition,the Ordinance relocates administrative and teeluiical amendments made
to the Florida Building Code from Chapter 10 of the City's Code to Chapter 114. These revisions E
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.
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6. "Land development regulations" include local zoning, subdivision, building, and -
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other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations d
adopted by the Ordinance are land development regulations.
7. The Ordinance is consistent with the City's Comprehensive Plan as required by
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section 163.3177(1), Florida Statutes, generally, and is specifically consistent with Housing
Element Policies 2.c and 2A, Infrastructure Element Policy 5.b, and Coastal Management Element -
Policy 12.g, 0
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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).
9. The Ordinance is consistent with the Principles for Guiding Development in
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Section 380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the following
Principles:
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(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives
without continuing the area of critical state concern designation; a
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of
the natural environment, and ensuring that development is compatible with 3
the unique historic character of the Florida Keys; and
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(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
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hereby APPROVED.
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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a O—
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 7
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF j
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY;
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AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
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OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@DEO.MYFLORIDA.COM �
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
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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.
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DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2), 0
FLORIDA STATUTES. 2
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
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 0
following persons by the methods indicated this day of 2021.
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den Foss 1
Agency Clerk 3
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128 4
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By U.S. Mail: {
The Honorable Bruce Halle, Mayor
City of Layton
68260 Overseas Hwy
Long Key, FL 33001
Mini M. Young, City Clerk
City of Layton 0
68260 Overseas Hwy
Long Key, FL 33001
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Thomas Bray, Building Code Administrator Q
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City of Layton
68260 Overseas Hwy
Long Key, FL 33001 �
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
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Ran D@Santis Kevin Guthrie
Governor Director
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May 17, 2021 j
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Ms. Mimi Young, City Clerk
City of Layton
68260 Overseas Highway
Long Key, FL 33001
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Dear Ms. Young.,
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 4
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 2
adoption of provisions that will reduce future vulnerability to flooding. 0
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 Florida
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 0
Commission: Mo.Madan i m floridalicense.com; Marlita.Peters@myfloridalicense.com_.
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 0
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
requirements for participation in the NFIP.
,
We appreciate the City's effort to move this important ordinance through the adoption `N
process. Please do not hesitate to contact us at floods(?r em.myflorida.com and (850) 815-4556. `1
Sincerely, a
�Igitally signed by Conn Cole 0 1
DN:do=erg,dc-fleoc,ou=OEM Users,ou=Mitlgation,
,,-H—rdW1t1pti.nAsslsta—cn=Conn Cole. (�
email=Conn.Cole�em.myllorida,com �
° 9ate:2C21,05.17 CM 139-04'DO'
Conn H. Cole, MBA/PA, CFM
State NFIP Coordinator/State Floodplain Manager
State Floodplain Management Office LU
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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. 5080
Exhibit 10
S.5.m
Key West
SUBPART A-GENERAL ORDINANCES-Chapter 34-FLOODS-ARTICLE II. FLOODPLAIN MANAGEMENT
ARTICLE 11. FLOODPLAIN MANAGEMENT'
Secs. 34-26-34-121. Reserved.
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Sec. 34-122. General.
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(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
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.
(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
4-
general welfare and to minimize public and private losses due to flooding through regulation of development 0
in flood hazard areas to: 0
(a) Minimize unnecessary disruption of commerce/access and public service during times of flooding; 0
(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;
(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;
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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;
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(g) Minimize the need for future expenditure of public funds for flood control projects and response to and
recovery from flood events; and 0
(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.
(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
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'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.
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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
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West or by any officer or employee thereof for any flood damage that results from reliance on this ordinance a
or any administrative decision lawfully made thereunder. 2
(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
requirement shall be applicable.
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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.
(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 0
accompanying flood insurance rate maps(FIRM),and all subsequent amendments and revisions to such maps, C
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are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood
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hazard areas. Flood hazard areas that have been delineated on the printed FIRM as subject to wave heights 0
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:
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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
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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 0
hazard area unless the applicant obtains a letter of map change that removes the area from the
special flood hazard area. U)
(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
including, but not limited to, land development regulations, zoning ordinances, stormwater management
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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) 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.
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(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 U
effect of waiving requirements specifically provided in this ordinance without the granting of a variance
pursuant to section 34-129 of this ordinance.
(3) Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the
community,shall:
(a) Review applications and plans to determine whether proposed new development will be located in flood
hazard areas;
(b) Review applications for modification of any existing development in flood hazard areas for compliance -
with the requirements of this ordinance; C
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(c) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact
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location of boundaries; a person contesting the determination shall have the opportunity to appeal the 0
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;
(f) Review applications to determine whether proposed development will be reasonably safe from flooding;
(g) Issue floodplain development permits or approvals 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 ordinance is demonstrated,or disapprove the same
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in the event of noncompliance;
(h) Coordinate with and provide comments to the building official to assure that applications, plan reviews, 0
and inspections for building permits for buildings and structures in flood hazard areas comply with the
requirements of this ordinance. U)
(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, _
shall:
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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;
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(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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(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 CL
floodplain administrator shall include: 0
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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;
iv. Labor and other costs associated with demolishing, moving, or altering building components to
accommodate improvements, additions, and making repairs as explained in Secs.4.4.6&4.4.7 of
FEMA desk reference P-758;
V. Costs associated with complying with any other regulations or code requirement that is triggered
by the work, including costs to comply with the requirements of the Americans with Disabilities -
Act as explained in Sec.4.4.8 of FEMA desk reference P-758; C
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vi. Costs associated with elevating a structure when the proposed elevation is lower that the Base C
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;
xii. Utility and service equipment;
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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 o the strict application o the requirements o the Florida Building Code. The floodplain U_
( ) f pp � f p f 9 p
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.
(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
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 CL
applications to submit to FEMA the data and information necessary to maintain the flood insurance rate 0
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maps if the analyses propose to change base flood elevations,flood hazard area boundaries,or floodway UL
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 U
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;
(e) Notify the Federal Emergency Management Agency when the corporate boundaries of City of Key West
are modified; and
(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.
L.97-348)and the Coastal Barrier Improvement Act of 1990(Pub.L.101-591)that federal flood insurance 0
is not available on such construction; areas subject to this limitation are identified on Flood Insurance C
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Rate Maps as"Coastal Barrier Resource System Areas"and "Otherwise Protected Areas."
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(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
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 CL
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public inspection at the City of Key West Planning Department, Key West, Florida.
(Ord. No. 13-05, §2,3-19-2013;Ord. No. 16-07, § 1,5-17-2016;Ord. No. 17-07, § 1,8-15-2017)
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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 _
first make application to the floodplain administrator, and the building official if applicable, and shall obtain
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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 E
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
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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:
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1. Railroads and ancillary facilities associated with the railroad. 0
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2. Nonresidential farm buildings on farms,as provided in F.S.§604.50.
3. Temporary buildings or sheds used exclusively for construction purposes. U
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
roof of palm or palmetto or other traditional materials, and that does not incorporate any
electrical, plumbing,or other non-wood features.
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
granite,marble,or reinforced concrete. 0
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7. Temporary housing provided by the department of corrections to any prisoner in the state 0
correctional system. CL
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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.
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(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 ®a
ordinance.
U)
(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
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
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
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this community. a
(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.
(c) 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; F.S. §
161.141.
(d) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 4-
161.055. 0
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(e) Florida Department of Environmental Protection for activities that affect wetlands and alter surface
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water flows, in conjunction with the U.S.Army Corps of Engineers; Section 404 of the Clean Water Act. 0
(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)
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Sec. 34-127. Site plans and construction documents.
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(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:
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(a) Delineation of flood hazard areas,floodway boundaries and flood zone(s), base flood elevation(s), and U)
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
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. CL
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(i) Existing and proposed alignment of any proposed alteration of a watercourse. 2
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 U
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
areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain
administrator shall: U
(a) Require the applicant to include base flood elevation data prepared in accordance with currently _
accepted engineering practices.
(b) Obtain, review, and provide to applicants base flood elevation data available from a federal or state -
agency or other source or require the applicant to obtain and use base flood elevation data available C
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from a federal or state agency or other source.
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(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
of the development, provided there is no evidence indicating flood depths have been or may be
greater than two feet.
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(d) 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 ®a
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:
(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.
(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) CL
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Sec. 34-128. Inspections.
(1) General. Development for which a floodplain development permit or approval is required shall be subject to U
inspection.
(a) Development other than buildings and structures. The floodplain administrator shall inspect all C
development to determine compliance with the requirements of this ordinance and the conditions of
issued floodplain development permits or approvals.
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(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. -
1. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. C
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Upon placement of the lowest floor,including basement,and prior to further vertical construction, CL
the owner of a building,structure or facility exempt from the Florida Building Code,or the owner's 0
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
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 I
authorized agent.
(c) Buildings,structures and facilities exempt from the Florida Building Code,final inspection. As part of the CL
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 0
above the highest adjacent grade;such certifications and documentations shall be prepared as specified
in section 34-128(1)(b)1.of this ordinance. U)
(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.
(Ord. No. 13-05, §2,3-19-2013)
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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
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recommendations of the floodplain administrator and the building official.The planning board has the right to a
attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. 2
(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
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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
building's continued designation as a historic building and the work is the minimum necessary to
preserve the historic character and design of the building,and
(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,
1. Pursuant to the historic architectural review commission's guidelines,the commission or its staff 0
may exempt such equipment or machinery from compliance with subsection (b) above,when it is C
0
determined that compliance with that elevation requirement conflicts with the intent of preserving
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a structure's historic fabric and/or character. 0
(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 1
ordinance,and the following:
(a) The danger that materials and debris may be swept onto other lands resulting in further injury or CL
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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;
(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;
(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; E
(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; CL
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(b) Determination by the planning board that: 2
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 U
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
public or conflict with existing local laws and ordinances; and
3. The variance is the minimum necessary deviation from the requirements of this ordinance,
considering the flood hazard,to afford relief;
(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 C
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(d) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial C
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.
(Ord. No. 13-05, §2,3-19-2013)
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Sec. 34-130. Violations.
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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 ordinance that is performed without an issued permit,that is in conflict with an issued permit,or that does 0
not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure LL
without the documentation of elevation of the lowest floor, other required design certifications, or other U)
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
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
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violation or unsafe condition,shall be subject to penalties as prescribed by law.
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(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.
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(3) Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms 0
shall have ordinarily accepted meanings such as the context implies. 2
(Ord. No. 13-05, §2,3-19-2013)
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Sec. 34-132. Definitions, specific.
The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them
in this section:
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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. -
Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this 0
ordinance,or a request for a variance. CL
0
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."
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 1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined
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in FBC, B.Section 1612.2.]
Building. (See structure) 0
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
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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
on the map,the depth number shall be taken as being equal to two feet. [Also defined in FBC, B,Section 1612.2.] 0
0
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 U
activities.
Dry floodproofing. See floodproofing,dry.
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 August 5, 1974. [Also defined in FBC, B.Section 1612.2.]
Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the 0
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a C
0
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
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concrete pads) is completed before August 5, 1974. 0
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
from: [Also defined in FBC, B.Section 1612.2.]
1. The overflow of inland or tidal waters. J
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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 ®a
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.
Flood insurance rate map (FIRM). The official map of the community on which the Federal Emergency .
4i.
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.] E
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 CL
facilities,structures and their contents. 0
0
Floodproofing, Dry. Floodproofing method used to render a structure envelope substantially impermeable to
the entrance of floodwater,outside of type"V"flood zones.
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Floodproofing, Wet. The permanent or contingent measures applied to a structure and/or its contents that �s
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
contact with floodwaters,without sustaining any damage that requires more than cosmetic repair.
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.
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 C
0
unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term
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storage or related manufacturing facilities. 0
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.
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:
I
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 floodCL
®a
insurance rate map and establishes that a specific property, portion of a property, or structure is not located
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
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
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.
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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. CL
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but 0
0
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.] U
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
include a "recreational vehicle"or"park trailer." [Also defined in 15C-1.0101, F.A.C.]
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 C
0
improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash
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value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to 0
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 1
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. J
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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)
1. Built on a single chassis; U
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
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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.
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Start of construction. The date of issuance for new construction and substantial improvements to existing a
structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or 2
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. U
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
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 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; 0
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or 0
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A manufactured home (a "manufactured home," also known as a mobile home, is a structure built on a 0
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.
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.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 CL
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loss."Accumulated deterioration or decay contributes toward substantial damage.
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other ®a
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
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.
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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.
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(Ord. No. 13-05, §2,3-19-2013;Ord. No. 16-07, §3,5-17-2016;Ord. No. 17-07, §2,8-15-2017) a
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Sec. 34-133. Flood-resistant development; buildings and structures.
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(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
and roofed buildings shall comply with the requirements of section 34-139 of this ordinance.
(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:
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(a) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable
requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building 2
Code, Residential Section R322. CL
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(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.
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(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 J
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requirements of ASCE-24,Table 4-1.
(d) Public restroom foundations must be designed and constructed in accordance with ASCE/SEI 24-05, 0
Section 4.5,to minimize forces acting on that system. LL
U)
(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
effects of buoyancy;
(ii) Be constructed with materials resistant to flood damage;
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(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;
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(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;
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(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.
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(7) A registered professional engineer or architect shall develop or review the structural design, a
specifications and plans for the construction, and shall certify the design and methods of 2
construction to be used.
iv. Be constructed with electrical,heating,ventilation, plumbing,and air conditioning equipment and U
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
durability to adequately resist all flood-related and other loads during installation.
(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 0
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salvage value,shall be installed at a minimum height of design flood elevation. E
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(Ord. No. 13-05, §2,3-19-2013;Ord. No. 16-07, §4,5-17-2016) 0
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;
(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 CL
(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;
(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
(c) Compliance with the site improvement and utilities requirements of section 34-135 of this ordinance. E
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(Ord. No. 13-05, §2,3-19-2013)
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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 CL
located and constructed to minimize or eliminate flood damage;and 0
0
(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. U
(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
E
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.C. and ASCE 24 Chapter 7 to minimize or
eliminate infiltration of floodwaters into the systems. -
[(4)] [Reserved.] �
(5) Limitations on placement of fill. Subject to the limitations of this ordinance,fill shall be designed to be stable CL
0
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. I
Construction or restoration of dunes under or around elevated buildings and structures shall comply with
section 34-139(8)(c) of this ordinance.
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(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.
(2) Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard
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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.
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(Supp.No.81)
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(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.
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(4) Elevation. Manufactured homes that are placed,replaced,or substantially improved shall comply with section 0
0
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: U
1. Outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. In an expansion to an existing manufactured home park or subdivision;or
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4. In an existing manufactured home park or subdivision upon which a manufactured home has
incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of
the frame is at or above the elevation required,as applicable to the flood hazard area,in the Florida
Building Code, Residential Section R322.2 (Zone A)or Section R322.3 (Zone V). 0
a
(b) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured E
homes that are not subject to section 34-136(4)(a)of this ordinance,including manufactured homes that C
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,
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.
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(7) [Manufactured homes.]Manufactured homes are prohibited in coastal high hazard areas and coastal A zones.
(Ord. No. 13-05, §2,3-19-2013)
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U)
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
(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-
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136(1) of this ordinance for temporary placement shall meet the requirements of section 34-136 of this
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ordinance for manufactured homes.
(Ord. No. 13-05,2,3-19-2013)
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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
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34-138(3)of this ordinance shall:
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(a) Be permitted in flood hazard areas(Zone A)other than coastal high hazard areas,provided the tanks are 2
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. L)
(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
or above the design flood elevation on 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:
(a) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater 0
or outflow of the contents of the tanks during conditions of the design flood; and C
(b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including CL
0
the effects of buoyancy,during conditions of the design flood.
(Ord. No. 13-05, §2,3-19-2013)
Sec. 34-139. Other development.
(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
Code,shall:
(a) Be located and constructed to minimize flood damage;
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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; 0
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(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.
(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.
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(Supp.No.81)
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(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 CL
significant damage to any structure; and 0
0
(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
t3
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
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.
(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 0
remain intact and in place during design flood conditions or to break apart into small pieces to minimize E
debris during flooding that is capable of causing structural damage to the building or structure or to CL
0
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.
(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
necessary for site drainage may be approved without requiring analysis of the impact on diversion of
floodwaters or wave runup and wave reflection.
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(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;
(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
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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(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
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wave reflection if the scale and location of the dune work is consistent with local beach-dune a
morphology and the vertical clearance is maintained between the top of the sand dune and the lowest 2
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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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 ill e R)inrrnei' 1 \M1 , §§ 101 90 1 C 1... _
109 9, and ena(1ed a arias 1 \\III as ssl ouuul Iherelin I he R)inrrnei' 1 \\III pei17aVned k) sliiinlilar sdb e(l irrn llcury nd
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. U
Sec. 101-90. - Floodplain management; general. E
(1) Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Key
Colony Beach, hereinafter referred to as "this article."
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(2) 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; installation or replacement of tanks; installation of a
swimming pools; and any other development. o
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(3) Intent. The purposes of this article and the flood load and flood-resistant construction requirements o
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:
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(a) Minimize unnecessary disruption of commerce, access and public service during times of 00
flooding;
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(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;
(d) Manage the alteration of flood hazard areas and shorelines to minimize the impact of 0
development on the natural and beneficial functions of the floodplain; U
(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 LU
(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.
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(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.
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Packet Pg. 5104
S.5.n
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
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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. o
(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.
(1) General. Where there is a conflict between a general requirement and a specific requirement, the E
specific requirement shall be applicable.
(2) Areas to which this article applies. This article shall apply to all flood hazard areas within the City of -
Key Colony Beach, as established in Section 101-91(3)of this article. C
(3) Basis for establishing flood hazard areas and Species Focus Areas and Real Estate Numbers. CL
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(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
Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by
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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 00
West Ocean Drive, Key Colony Beach, FL 33051.
(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
RE list are on file at the City Hall.
(4) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and o
base flood elevations, pursuant to Section 101-95 of this article the Floodplain Administrator may o
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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:
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(a) 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.
4i
(b) 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 E
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.
U)
(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 CL
0
(c) Deemed neither to limit nor repeal any other powers granted under state statutes. o
(Ord. No. 2018-456A, § 2, 1-10-19)
Sec. 101-92. - Duties and powers of the floodplain administrator.
(1) Designation. The Building Official is designated as the Floodplain Administrator. The Floodplain
Administrator may delegate performance of certain duties to other employees.
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(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
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 o
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 0
the community, shall:
(a) Review applications and plans to determine whether proposed new development will be located
in flood hazard areas; LO
(b) Review applications for modification of any existing development in flood hazard areas for 00
compliance with the requirements of this article; Q
(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
0
developed by an applicant; 0
U
(f) Review applications to determine whether proposed development will be reasonably safe from
flooding;
V-
(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
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 E
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- E
damaged condition, or the combined costs of improvements and repairs, if applicable, to the
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market value of the building or structure; a
(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 E
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 article is required.
(5) Modifications of the strict application of the requirements of the Florida Building Code. The Flood plain
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. g
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(6) Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for o
the issuance of all necessary notices or orders to ensure compliance with this article.
(7) Inspections.The Floodplain Administrator shall make the required inspections as specified in Section
101-96 of this article for development that is not subject to the Florida Building Code, including LO
buildings,structures and facilities exempt from the Florida Building Code.The Floodplain Administrator 00
shall inspect flood hazard areas to determine if development is undertaken without issuance of a
permit. `N
(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 101-92(4)of this article;
(b) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit U
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;
(c) Review required design certifications and documentation of elevations specified by this article
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 E
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
article; documentation related to appeals and variances, including justification for issuance or denial; 0
and records of enforcement actions taken pursuant to this article and the flood-resistant construction
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)
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
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 o
be issued until compliance with the requirements of this article and all other applicable codes and a
regulations has been satisfied. CL
0
(2) Building permits. Building permits shall be issued pursuant to this article 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
LO
development that includes a building or structure, the Floodplain Administrator may determine that a
building permit is required in addition to a building permit. 00
(3) 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), 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:
(a) Railroads and ancillary facilities associated with the railroad.
(b) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
U
(c) Temporary buildings or sheds used exclusively for construction purposes.
(d) Mobile or modular structures used as temporary offices.
(e) 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.
X
(f) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of LU
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.
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(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.
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(b) Describe the land on which the proposed development is to be conducted by legal description, a
street address or similar description that will readily identify and definitively locate the site. o
(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 U
article.
(e) State the valuation of the proposed work.
(f) Be signed by the applicant or the applicant's authorized agent. E
(g) Give such other data and information as required by the Floodplain Administrator.
(h) For projects proposing to enclose areas under elevated buildings, include signed Declaration of
Land Restriction (Nonconversion Agreement); the agreement shall be recorded on the property
deed prior to issuance of the Certificate of Occupancy.
4-
0
(5) Validity of permit or approval. The issuance of a building permit pursuant to this article shall not be a
construed to be a permit for, or approval of, any violation of this article, the Florida Building Codes, or o
any other ordinance of this community. The issuance of permits based on submitted applications, 0
construction documents, and information shall not prevent the Floodplain Administrator from requiring
the correction of errors and omissions.
(6) Expiration. A building permit shall become invalid unless the work authorized by such permit is
LO
commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned
00
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. N
(7) Suspension orrevocation.The Floodplain Administrator is authorized to suspend or revoke a buildingLM
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
all other applicable state or federal permits be obtained before commencement of the permitted
development, including but not limited to the following: 2
0
(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:
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(a) The name of the city official that made the determination; o
0
(b) The date of the determination; and
(c) The date of the SFAM and RE list used to make the determination.
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.
(2) Species Assessment Guides and Acceptance Form. The Species Assessment Guide for the City of
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
Guide is on file at the City Hall.
(a) The City of Key Colony Beach shall use the Species Assessment Guide to determine whether
the applicant for a floodplain building permit application must seek technical assistance by the 0
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.
CL
(b) Based on the Service's technical assistance, the City of Key Colony Beach shall condition the
floodplain building 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. LO
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(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. N
(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
in order to meet the full requirements of the Endangered and Threatened sections of this section.
(3) Avoiding Impacts on Federally Listed Species. All proposed development shall meet the conditions 2
attached to floodplain building permits in accordance with Section 101-94(b)to avoid possible impacts U
to Federally threatened and endangered species and their habitat.
(Ord. No. 2018-456A, § 2, 1-10-19)
;E
Sec. 101-95. -Site plans and construction documents.
4i
(1) 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:
(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. E
(e) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration CL
is approved by the Florida Department of Environmental Protection. 0
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 U
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
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,
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 o
a
analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal o
requirements and processing fees shall be the responsibility of the applicant. CL
(Ord. No. 2018-456A, § 2, 1-10-19)
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Sec. 101-96. - Inspections.
00
-
(1) General. Development for which a building permit is required shall be subject to inspection. N
(2) Development other than buildings and structures. The Floodplain Administrator shall inspect all LM
development to determine compliance with the requirements of this article and the conditions of issued
building permits.
(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 article and the conditions of issued building 0
permits. U
(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 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. CL
(2) Appeals. The City Commission shall hear and decide appeals when it is alleged there is an error in 0
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
of this article.
(4) Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation E
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 a
continued designation as a historic building and the variance is the minimum necessary to preserve 2
the historic character and design of the building. If the proposed work precludes the building's 0
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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(5) Functionally dependent uses. A variance is authorized to be issued for the construction or substantial
00
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 N
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
Building Code, this article, and the following:
(a) The danger that materials and debris may be swept onto other lands resulting in further injury or
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;
(f) The compatibility of the proposed development with existing and anticipated development; E
(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 CL
provision of this article or the required elevation standards; 0
(b) Determination by the City Commission that:
(i) 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;
(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 E
victimization of the public or conflict with existing local laws and ordinances; and
c�
(iii) The variance is the minimum necessary, considering the flood hazard, to afford relief.
(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 0
a
(d) If the request is for a variance to allow construction of the lowest floor of a new building, or o
substantial improvement of a building, below the required elevation, a copy in the record of a CL
0
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 $25.00 for $100.00 of insurance LO
coverage), and stating that construction below the base flood elevation increases risks to life and 00
property.
cN
(Ord. No. 2018-456A, § 2, 1-10-19) 0
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Sec. 101-98. -Violations.
(1) Violations. Any development that is not within the scope of the Florida Building Code but that is
0
regulated by this article that is performed without an issued permit, that is in conflict with an issued 0
permit,or that does not fully comply with this article or the conditions established by grants of variance, U
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.
Z
(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.
CL
Design and construction of buildings, structures and facilities exempt from the Florida Building Code. 0
Pursuant to Section 101-93(3)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 U
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.
(Ord. No. 2018-456A, § 2, 1-10-19)
Sec. 101-102. -Subdivisions.
(1) Minimum requirements. Subdivision proposals shall be reviewed to determine that: 0
(a) Such proposals are consistent with the need to minimize flood damage and will be reasonably a
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
(c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, LO
MT
adequate drainage paths shall be provided to guide floodwaters around and away from proposed
00
structures.
N
(2) Subdivision plats. Where any portion of proposed subdivisions lies within a flood hazard area, the
LM
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
(b) Compliance with the site improvement and utilities requirements of Section 101-103 of this
article. o
0
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(Ord. No. 2018-456A, § 2, 1-10-19)
Sec. 101-103. -Site improvements, utilities and limitations.
(1) Minimum requirements. All proposed new development shall be reviewed to determine that:
LU
(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.
(4) Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed to be 0
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 U
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
Department of Environmental Protection and only if the engineering analysis required by Section 101-
95(2) 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 101-106(6)(c)of this article.
(Ord. No. 2018-456A, § 2, 1-10-19) 0
0
Sec. 101-104. - Manufactured homes and recreational vehicles. CL
0
Installation of manufactured homes shall not be permitted. Recreational vehicles are permitted to be
stored but not occupied.
LO
(Ord. No. 2018-456A, § 2, 1-10-19) 00
cN
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
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 101-104(3)of this article shall: t0
(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.
x
(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
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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)
Sec. 101-106. -Other development. CL
0
(1) General requirements for other development. All development, including man-made changes to 0
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;
(c) Be constructed of flood damage-resistant materials; and
c�
(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
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. 4-
0
(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
CL
100 square feet or less in area are permitted below the base flood elevation provided the structures o
comply with Section 101-106(1)of this article.
(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 LO
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
LM
(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
(c) Have a maximum slab thickness of not more than four (4) inches.
0
(4) Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida 0
Building Code, in coastal high hazard areas decks and patios shall be located, designed, and U
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
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.
(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
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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
CL
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 o
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 U
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
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.(3), as filled systems
or mound systems.
(6) Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: 0
a
(a) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for o
landscaping and for drainage purposes under and around buildings. CL
0
(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
LO
increase damage to adjacent buildings and structures.
00
(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 N
buildings are permitted without additional engineering analysis or certification of the diversion of LM
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.
(Ord. No. 2018-456A, § 2, 1-10-19) 0
0
U
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LU
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Page 14 of 14
Packet Pg. 5117
Exhibit 12 S.5.0
s
RESOLUTION 193-2014
A RESOLUTION AMENDING EXHIBIT 1 OF RESOLUTION NO. 440-2011
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY as
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,
as
E
WHEREAS, the "2011 Revised Implementation Plan for Monroe County Flood M
Insurance Inspection and Compliance Program"was subsequently approved by FEMA; and,
WHEREAS, On May 23, 2013 FEMA notified the County of its findings from a
Community Assistance Visit(CAV)performed in late February, 2013; and, -
r
g
WHEREAS, those findings indicated the Federal Pilot Inspection Procedure had
CL
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; as
and
WHEREAS, On June 4, 2013 County staff met with FEMA officials in Washington DC V
and FEMA and the County staff discussed and agreed to maintain the following 5 primary CD
programs under the Remedial Plan including:
CD
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
improvements;
0
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);
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 E
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. 5118
S.5.o
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 as
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;
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;
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 E
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:
r-
g
Section 1. The BOCC hereby adopts Exhibit 1 attached hereto "2014 Implementation CL
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. CL
as
E
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, as
Florida, at a regular meeting held on the 20th day of August, 2014.
Mayor Sylvia Murphy Yes
Mayor Pro Tern Danny Kolhage Yes
04
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner David Rice Yes o
0
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA a
04
l0
BY
Mayor Sylvia Murphy
• (D
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.9 f
T. Amy Heavilin, Clerk "
E COI ATTORNEY
O F
Deputy Cler c
USA GRANGER 41
ASSET 1TORPIEY
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Packet Pg. 5119
S.5.o
EXHIBIT 1
2014 IMPLEMENTATION PLAN FOR THE MONROE COUNTY
FLOOD INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program
as
Monroe County has 5 Flood Inspection Programs including:
1. Inspection on Transfer of Ownership (Sale)
2. Limited Square Footage Below Base Flood Elevation (Maximum of 299 square feet) CL
3. Chapter 122 Land Development Code Floodplain Regulations, as may be amended from time to time to maintain 00
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
Section 17 (a)
as
Actions to Ensure No New Additional Illegal Structures E
The County through its County Growth Management Division will implement the following actions, consistent with the
Florida Statutes, to ensure that any new conflicts between the way structures were originally permitted and with the
floodplain regulations are resolved timely:
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 2
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
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 eL
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
that occurred after the implementation date in 2004, within unincorporated Monroe County, limit the amount of
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
appropriate: a) the improvement is not substantial as defined under the floodplain regulations; b) a pre-permitting
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 (D
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:
X
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, as
technical staff will deduct all the parcels that have already received inspections via the pilot program, transfer E
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. 5120
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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
indicate illegal construction below base flood elevation will go through the inspection process outlined above 0
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 E
properties developed after the Flood Insurance Rate Maps were implemented, through code enforcement and
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. M
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 g
of 299 square feet or less in area. C
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, 76
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
the County's floodplain regulations.
LL
5) Inadvertent observation of illegal structures below base flood elevation - Florida Statute 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 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
defined in the Florida Building Code;
4. An historic building as defined in the Florida Building Code. U
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
improvement.
X
The County Growth Management Division staff has the sufficient resources to implement the above program.
E
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Page 2 of 2
Packet Pg. 5121
Exhibit 3
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
iiii%%/%/%l/////%////%//miaaiiiai iiaci,✓iaii/, iai iiaci,✓iaii/, iai iiaii/,✓iaii/,1p
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
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.
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
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).
A summary of significant technical
Highlights of ASCE 24-14 that complement the NFIP revisions from ASCE 24-05 to ASCE
minimum requirements are described below. 24-14 is reproduced on page 6 of these
Building Performance Highlights.
• 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
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.
• 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
Desi n Class 4 must be elevated `design flood elevation' to acknowledge
Essential facilities (Flood g ) that some communities adopt flood
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 re uirements in Zone V and Coastal A Zones are Hazard Areas shown on FEMA's Flood
q independent of orientation of the lowest horizontal structural Insurance Rate Maps (FIRM).
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
• 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.
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.
• 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.
• Stairways and ramps must be designed and constructed to resist flood loads and to minimize transfer
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
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.
• In Coastal High Hazard Areas (Zone V) and Coastal A Zones:
— Coastal A Zones are treated like Coastal High Hazard Areas if FEMA has delineated a Limit of
Moderate Wave Action, or if the community has designated a Coastal A Zone.
— Buildings must be supported on piles, drilled shafts, caissons, or other deep foundations (including
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.
— 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,
steel H, concrete-filled steel pipe, prestressed concrete, precast concrete, cast-in-place concrete).
— 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,
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
• 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
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
least two conspicuous locations.
Flood Damage-Resistant Materials
• Flood damage-resistant materials must be used below specified elevations (see table on page 4).
• 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
requirements.
Attendant Utilities and Equipment
• 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
structural element on the landward or downstream side of structures.
• 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,
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, floodwalls, 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.asce.or .
Highlights of the ASCE 24-14 (rev. July 2015) 3
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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
(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,
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,
Coastal A Zone whichever is whichever is whichever is higher
higher higher
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,
(ASCE 24-14 Table 7-1) whichever is whichever is whichever is higher
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
higher higher
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
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
Wet Flood proofing' as Coastal A Zone; DFE, DFE, DFE, 500-year flood elevation,
(ASCE 24-14 Table 6-1) Coastal A Zone; whichever is whichever is whichever is whichever is higher
Coastal High Hazard higher higher higher
Areas(Zone V)
* FI ood Desi gn Cl ass 1 structures shad I be al I owed bel ow the mi ni mum el evati on if the structure meets the wet f I oodproof i ng
requirements of A SCE 24-14 Section 6.3.
** U nl ess otherwi se permi tted by A SCE 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
ASCE 24-14 Table 1-1 Flood Design Class of Buildings and Structures
Flood
Use or Occupancy of Buildings and Structures Design
Class
B ui I di ngs and structures that normal I y are unoccupi ed and pose mi ni mal ri sk to the publ i c or mi ni mal
di srupti on to the communi ty shoul d they be damaged or f ai I due to f I oodi ng. FI ood Desi gn Cl ass 1 i ncl udes(1)
temporary structures that are i n pl ace f or I ess than 180 days, (2)accessory storage bui I di ngs and mi nor storage
f aci I i ti es(does not i ncl ude commerci al storage f aci I i ti es), (3)smal I structures used f or parki ng of vehi cl es, and
(4)certai n agri cultural structures. [Note(a)]
Bui I di ngs and structures that pose a moderate ri sk to the publ i c or moderate di srupti on to the community shoul d 2
they be damaged or f ai I due to f I oodi ng,except those I i sted as FI ood Desi gn Cl asses 1, 3, and 4. FI ood Desi gn
Cl ass 2 i ncl udes the vast maj on ty of bui I di ngs and structures that are not speci f i cal I y assi gned another FI ood
Desi gn Cl ass, i ncl udi ng most resi denti al, commerci al,and i ndustri al bui I di ngs.
B ui I di ngs and structures that pose a hi gh ri sk to the publ i c or si gni f i cant di srupti on to the communi ty shoul d 3
they be damaged, be unabl e to perf orm thei r i ntended f uncti ons after f I oodi ng, or f ai I due to f I oodi ng. FI ood
Desi gn Cl ass 3 i ncl udes(1) bui I di ngs and structures i n whi ch a I arge number of persons may assembl e i n one
pl ace, such as theaters, I ecture hal I s,concert hal I s, and rel i gi ous i nsti tuti ons wi th I arge areas used f or worshi p;
(2) museums; (3)communi ty centers and other recreati onal f aci I i ti es; (4)athl eti c f aci I i ti es wi th seati ng f or
spectators; (5)el ementary school s, secondary school s,and bui I di ngs wi th col I ege or adul t educati on
cl assrooms; (6)j ai I s, correcti onal f aci I i ti es, and detenti on f aci I i ti es; (7)heal thcare f aci I i ti es not havi ng surgery
or emergency treatment capabi I i ti es; (8)care f aci I i ti es where resi dents have I i mi ted mobi I i ty or abi I i ty,
i ncl udi ng nursi ng homes but not i ncl udi ng care faci I iti es for f i ve or fewer persons; (9)preschool and chi I d care
f aci I i ti es not I ocated i n one-and two-f ami I y dwel I i ngs; (10) bui I di ngs and structures associ ated wi th power
generati ng stati ons,water and sewage treatment pl ants,tel eoommuni cati on f aci I i ti es, and other uti I i ti es whi ch,
i f thei r operati ons were i nterrupted by a f I ood,woul d cause si gni f i cant di srupti on i n day-to-day I i f e or
si gni f i cant economic losses in a community; and(11)buildings and other structures not included in Flood
Desi gn Cl ass 4(i ncl udi ng but not I i mi ted to f aci I i ti es that manuf acture, process, handl e, store, use, or di spose of
such substances as hazardous f uel s, hazardous chemi cal s, hazardous waste, or expl osi ves)contai ni ng toxi c or
expl osi ve substances where the quanti ty of the materi al exceeds a threshol d quanti ty establ i shed by the
authori ty havi ng j uri sdi cti on and i s suff i ci ent to pose a threat to the publ i c i f rel eased. [N ote(b)]
Bui I di ngs and structures that contai n essenti al faci I i ti es and servi ces necessary for emergency response and 4
recovery, or that pose a substanti al ri sk to the community at I arge i n the event of f ai I ure,di srupti on of f uncti on,
or damage by f I oodi ng. FI ood Desi gn Cl ass 4 i ncl udes(1) hospi tal s and heal th care f aci I i ti es havi ng surgery or
emergency treatment f aci I i ti es; (2)f i re, rescue, ambul ance, and pol i ce stati ons and emergency vehi cl a garages;
(3)designated emergency shelters; (4)designated emergency preparedness, communication, and operation
centers and other f aci I i ti es requi red f or emergency response; (5)power generati ng stati ons and other publ i c
uti I i ty f aci I i ti es requi red i n emergenci es; (6)cri ti cal avi ati on f aci I i ti es such as control towers, ai r traff i c control
centers, and hangars for aircraft used in emergency response; (7)anci I I ary structures such as communication
towers, el ectri cal substati ons,f uel or water storage tanks,or other structures necessary to al I ow conti nued
f uncti oni ng of a FI ood Desi gn Cl ass 4 f aci I i ty duri ng and after an emergency; and(8) bui I di ngs and other
structures(i ncl udi ng, but not I i mi ted to,f aci I i ti es that manuf acture, process, handl e, store, use,or di spose of
such substances as hazardous f uel s, hazardous chemi cal s,or hazardous waste)contai ni ng suff i ci ent quanti ti es
of hi ghl y toxi c substances where the quanti ty of the materi al exceeds a threshol d quanti ty establ i shed by the
authori ty havi ng j uri sdi cti on and i s suff i ci ent to pose a threat to the publ i c i f rel eased. [N ote(b)]
[N ote(a)] Certai n agri cul tural structures may be exempt f rom some of the provi si ons of thi s standard;see ASCE 24-14 Secti on C1.4.3.
[N ote(b)] B ui I di ngs and other structures contai ni ng toxi c, hi ghl y toxi c,or expl od ve substances shal I be el i gi bl e f or assi gnment to a
I ower FI ood Desi gn CI ass i f i t can be demonstrated to the sati sf acti on of the authori ty havi ng j uri sdi cti on by a hazard assessment as
descri bed i n ASCE 7-10 Secti on 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 ri sk associ aced wi th that FI ood Deli an CI ass.
Highlights of the ASCE 24-14 (rev. July 2015) 5
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
equivalent to Occupancy Category/Risk Category IV buildings, which ASCE 7-10 identifies as
essential facilities.
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
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
in determining net open area for non-engineered openings and in determining the performance of
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.
5. For Flood Design Class 4 buildings, requires the minimum lowest floor elevation (or
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.
The 500-year flood elevation requirement is new.
6. Clarifies text pertaining to alluvial fan high risk flood hazard areas.
7. In coastal high hazard areas (V Zone) and Coastal A Zones (if delineated):
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
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
breakaway walls
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
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
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ORDINANCES oll-1111�1 T11 'A IT ,'I `n III
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February 3,2022
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Agenda Items SA-S.8
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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.