Ordinance 026-2022 4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 026-2022
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING AMENDMENTS TO THE MONROE
12 COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 101-1
13 DEFINITIONS; TO UPDATE FLOODPLAIN MANAGEMENT
14 DEFINITIONS; TO REPEAL AND REENACT CHAPTER 122,
15 FLOODPLAIN MANAGEMENT; TO ADOPT AN UPDATED CHAPTER
16 122, FLOODPLAIN MANAGEMENT, TO BE CONSISTENT WITH THE
17 FLORIDA DIVISION OF EMERGENCY MANAGEMENT - BUREAU OF
18 MITIGATION - STATE FLOODPLAIN MANAGEMENT OFFICE'S
19 MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS
20 WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH
21 THE FLOOD PROVISIONS IN THE FLORIDA BUILDING CODE,
22 MEETING THE NATIONAL FLOOD INSURANCE PROGRAM
23 REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY
24 MANAGEMENT AGENCY IN 2013; INCLUDING DESIGNATING A
25 FLOODPLAIN ADMINISTRATOR, ADOPTING PROCEDURES AND
26 CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND
27 FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY;
28 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
29 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
30 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
31 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
32 IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
33 PROVIDING FOR AN EFFECTIVE DATE.
34
35
36 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
37 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
38 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
39 manage land use and development; and
40
41 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
42 that the work of ordinance codification is an ongoing process that requires a continuing effort by
43 various County officials and staff, and it is the goal of the BOCC to ensure that Monroe County
44 Land Development Code Chapter 122 is kept current and of maximum use and clarity; and
45
46 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
47 Government, Florida Statutes,conferred upon local governments the authority to adopt regulations
I designed to promote the public health, safety, and general welfare of its citizenry; and
2
3 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
4 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
5 health, safety, and welfare of the County's citizens; and
6
7 WHEREAS, the Federal Emergency Management Agency has identified special flood
8 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
9 subject to periodic inundation which may result in loss of life and property, health and safety
10 hazards,disruption of commerce and governmental services, extraordinary public expenditures for
11 flood protection and relief, and impairment of the tax base, all of which adversely affect the public
12 health, safety and general welfare, and
13
14 WHEREAS, the Monroe County was accepted for participation in the National Flood
15 Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners
16 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
17 and 60, necessary for such participation; and
18
19 WHEREAS,the National Flood Insurance Program (NFIP)is a federally-subsidized flood
20 damage insurance program administered by the Federal Emergency Management Agency(FEMA)
21 enabling property owners in participating communities to purchase flood insurance in exchange
22 for the community's adoption of floodplain management regulations to reduce future flood
23 damages; and
24
25 WHEREAS,the participating communities floodplain management regulations must meet
26 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
27 CFR Part 59 and Part 60); and
28
29 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
30 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
31 enforcement of a state building code, called the Florida Building Code; and
32
33 WHEREAS, the Florida Division of Emergency Management (DEM), Bureau of
34 Mitigation, State Floodplain Management Office developed a Model Floodplain Management
35 Ordinance for communities, written explicitly to rely on the flood provisions in the Florida
36 Building Code; and
37
38 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
39 meet or exceed the minimum NFIP requirements for buildings and structures; and
40
41 WHEREAS,the Federal Emergency Management Agency (FEMA) approved the State's
42 Model Floodplain Management Ordinance in 2013; and
43
44 WHEREAS, the Monroe County Board of County Commissioners has determined that it
45 is in the public interest to adopt the proposed floodplain management regulations that rely on and
46 are coordinated with the Florida Building Code; and
47
I WHEREAS, in 1990 the National Wildlife Federation, Florida Wildlife Federation, and
2 the Defenders, of Wildlife filed suit against the FEMA, claiming FEMA was not consulting with
3 the U.S. Fish and Wildlife Service (FWS or Service) as required by the Endangered Species Act
4 in their administration of the NFIP in Monroe County, Florida; and
5
6 WHEREAS, in 1997 the Service completed a Biological Opinion (BO) for the effects of
7 the NFIP on Federally listed (threatened or endangered) species in the Florida Keys; and
8 WHEREAS,the 1997 BO found the NFIP jeopardized nine species in the Keys; and
9
10 WHEREAS, in 2003 the Service re-initiated consultation and amended the 1997 BO and
11 concluded that the effect of the NFIP would result in jeopardy on eight of 10 species evaluated in
12 the BO; and
13
14 WHEREAS,in a second amended complaint in 2003 the plaintiffs filed suit against FEMA
15 and the Service pursuant to the Endangered Species Act and the Administrative Procedures Act;
16 and
17
18 WHEREAS, on March 29, 2005 the United States District Court, Southern District of
19 Florida(District Court) granted summary judgment in favor of the Plaintiffs which found that the
20 Service and FEMA violated the Endangered Species Act and the Administrative Procedures Act;
21 and
22
23 WHEREAS, on September 9, 2005, the District Court entered an order enjoining FEMA
24 from issuing flood insurance under the NFIP on any new residential or commercial developments
25 in suitable habitats of federally listed(threatened or endangered) species in the Keys; and
26
27 WHEREAS,the District Court also ordered the Service to submit a new BO by August 9,
28 2006 and the Service issued a new BO on August 8, 2006; and
29
30 WHEREAS, on April 1, 2008,the United States Court of Appeals for the Eleventh Circuit
31 affirmed the District Court's rulings of March 29, 2005 and September 9, 2005; and
32
33 WHEREAS, on February 26, 2009,the District Court ordered the Service to submit a new
34 BO by March 31, 2010 and on March 28, 2010, the Court granted a 30 day extension of this
35 deadline; and
36
37 WHEREAS, on April 30, 2010, the Service published the revised BO for FEMA's
38 administration of the NFIP in Monroe County; and
39
40 WHEREAS,the BO contains "Reasonable and Prudent Alternatives" (RPA's)that require
41 Monroe County and other participating communities in the Florida Keys to revise their Flood
42 Damage Prevention Ordinance(s) to reference and use the updated real estate list (referenced in
43 RPA paragraph 1)within 120 days of acceptance of this BO by the Court, and;
44
45 WHEREAS, on January 11, 2011, the District Court approved a Settlement Agreement
46 between the Plaintiffs and the Federal Defendants in which the Federal Defendants agreed to notify
I the Court and the parties when Monroe County and the other "participating communities" in the
2 Florida Keys have: 1) revised their Flood Damage Prevention Ordinance(s); and 2) implemented
3 procedures to reference and use the updated real estate list and Species Focus Area Maps
4 (referenced in reasonable and prudent alternative ("RPA") paragraph 1) in compliance with
5 paragraphs 2, 3, 4, and 5 of the RP A; and
6
7 WHEREAS, on December 2, 2011, FEMA notified Monroe County that if the County did
8 not implement the RPA's by January 11, 2012, then Monroe County would have been placed on
9 probation on May 10,2012.1n response to the County's requested time extension,FEMA requested
10 and the Court granted an extension to June 30, 2012 for the ordinance revisions and permit referral
11 process implementation; and
12
13 WHEREAS,the County Attorney, outside counsel, and the Growth Management Director
14 have advised the Board of County Commissioners that adoption of the RP A's;ordinance language;
15 and originally drafted Species Assessment Guides (SAGS) suggested by the Federal agencies
16 would have resulted in increased exposure to the County for liability for inverse condemnation or
17 takings claims; and
18
19 WHEREAS, in May 2012, FEMA and the Service revised the SAGS to include provisions
20 that substantially reduce the County's potential exposure for liability for inverse condemnation or
21 takings claims; and
22
23 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
24 015-2012, on June 20, 2012, amending Chapter 122 of the Land Development Code, creating
25 Section 122-8 to provide for the inclusion of FEMA and Service requirements, implementing a
26 "Permit Referral Process"for the review of all development that occurs within areas designated as
27 "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)" within unincorporated Monroe
28 County; and
29
30 WHEREAS,in April 2013,the Service provided updated SAGS to the County and on July
31 29, 2013, the Service notified FEMA of the updated SAGS for Monroe County; and
32
33 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
34 043-2013, ON October 16, 2013, amending Section 122-2(b)(3), the basis for establishing special
35 flood hazard maps, species assessment guides (SAGS) for the Permit Referral Process (PRP)
36 determinations,providing a new date for the revised Species Assessment Guides; and
37
38 WHEREAS, recognizing that where an extant legislatively approved law is repealed by a
39 subsequent legislative act that substantially reenacts that repealed extant law,the prior legislatively
40 approved law and the subsequent legislative act shall be regarded as one continuous law
41 uninterrupted in its operation,see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see also
42 Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
43 legislative intent and purpose of the BOCC, in relation to or in connection with subsequent
44 administrative and judicial construction, that all recodified or reenacted provisions of Monroe
45 County Land Development Code Chapter 122 shall be deemed to have been in operation
46 continuously from their original enactment whereas the additions or changes are treated as
I amendments effective from the time they go into legal effect; and
2
3 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
4 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
5 and
6
7 WHEREAS, on March 23, 2022,the Monroe County Planning Commission held a public
8 hearing for the purpose of considering the proposed amendment and provided for public comment;
9 and
10
11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P10-22
12 recommending approval; and
13
14 WHEREAS,on November 11,2022,the Monroe County Board of County Commissioners
15 held a public hearing to consider adoption of the proposed Monroe County Land Development text
16 amendment, considered the staff report, and provided for public comment and public participation
17 in accordance with the requirements of state law and the procedures adopted for public
18 participation in the planning process; and
19
20 WHEREAS, based upon the documentation submitted and information provided in the
21 accompanying staff report, the Monroe County Board of County Commissioners makes the
22 following Conclusions of Law:
23 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
24 2030 Monroe County Comprehensive Plan; and
25 2. The proposed amendment is consistent with the Principles for Guiding Development
26 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
27 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
28 4. The proposed amendment is necessary due to new issues and the need for additional
29 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
30 Code.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
33 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
34
35 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
36 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
37 herein.
38
39 Section 2. The text of the Monroe County Land Development Code is amended as shown
40 and stated herein.. Proposed Amendments are shown with deletions st+i kel t4-etlg4 and additions
41 are underlined.
42
43 Section 101-1. -Definitions.
44
45 The following words, terms and phrases, when used in this chapter, shall have the meanings
46 ascribed to them in this section, except where the context clearly indicates a different meaning:
2
3
4 f floo ift ; eft year-.
5
6
7
8
9 high tides or-wind dr-iven water-is fniftifnized.
10
11
12
13 f^,,,,d-a ion walls, shed-walls, posts, o pilings, or- olti nfis
14
15
16
17 eenstmetion, e t to t e proposedwalls of., st,-,,etti-o
18
19
20 Lowest flow, fneans t4e lowest efielosed area (ifieltiding basement) of a stmettir-e. Aft
21
22 '
23
25
26
27 Market value means the Price at which a property will change hands between a willing buyer
28 and a willing seller, neither Party being under compulsion to buy, sell, or otherwise transfer, and
29 both having reasonable knowledge of relevant facts. As used in this code,the term"market value"
30 refers to the market value of buildings and structures, excluding the land and other improvements
31 on the parcel. Market value may be established by a qualified certified independent appraiser,
32 Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax
33 assessment value adjusted by 20 percent(20%)to approximate market value. A uniform appraisal
34 report prepared by a qualified certified independent apraiser submitted by the aplicant may be
35 used if the Floodplain Administrator considers such appraisal consistent with local construction
36 costs. A structure or building originally manufactured or built as a vehicle, shall exclusively be
37 appraised by utilizing the Kelley Blue Book or a NADA appraisal. Documentation of alleged local
38 construction costs submitted by a property owner to the Floodplain Administrator must be
39 submitted in the form of a sworn or attested affidavit that shall be based upon the personal
40 knowledge of the certifying affiant and must be notarized. Where an apraisal is not accepted
41 because it wears to be inconsistent with local construction costs, the applicant may request
42 review by an independent third-party apraiser duly authorized by the county. The cost of such
43 independent review shall be borne by the applicant. The reviewing appraiser shall determine if the
44 appraisal value reasonably reflects an apropriate market value of the structure. The reviewing
45 appraiser's determination must be in writing and shall be sworn or attested to by the affiant and
46 expressly provide that it is based on the certifying affiant's personal knowledge and must be
47 notarized. Professionals preparing appraisals, or appraisal reviews, shall be required to possess
48 certifications as state certified residential apraisers for Upraising one to four family residential
I properties and state certified general appraisers for all other properties including commercial and
2 multi-residential. Neither an appraisal making an extraordinary assumption that a building or
3 structure was in good condition as of a date prior to a flood event nor a retrospective appraisal (an
4 appraisal done retrospectively based on a date prior to the flood event) shall be eligible for
5 consideration or relief. A building or structure that was never lawfully permitted in the first place
6 shall not be eligible for issuance of a permit or development approval.
7
8
9 National Geodetic Vertical Datum of 1929 (NGVD 29 is a vertical control, as corrected in
10 1929, used as a reference for establishing varying elevations wit4ir toe floo plain,
11
12
13 North American Vertical Datum of 1988 (NA VD 88) is the vertical control datum established
14 in 1991 used as a reference for establishing _varyingvarying elevations.
15
16
17 Special flood hazard area means the land subj ect to a one percent or greater chance of flooding
18 in any given year.
19
20 Substantial improvement means any repair, reconstruction or improvement of a structure, the
21 cost of which equals or exceeds 50 percent of the pre-destruction market value of the structure;as
22 , either before the improvement or repair
23 is started, or if the structure has been damaged and is being restored, before the damage occurred.
24 For the purposes of this definition, substantial improvement is considered to occur when the first
25 alteration of any wall, ceiling, floor or other structural part of the building commences,whether or
26 not that alteration affects the external dimension of the structure. The term does not, however,
27 include either:
28 (1) Any project for improvement of a structure to comply with existing state or local health,
29 sanitary or safety code specifications which are necessary solely to ensure safe living
30 conditions; or
31 (2) Any alteration of a structure listed on the National Register of Historic Places, the state
32 inventory of historic places, or any inventory of local historic places.
33
34
35
36
37
38 .
39
40
41 Watercourse means a channel, canal or streambed, either natural or manmade, which is
42 involved in the accommodation of water floes.
43
44
45 Chapter 122 FLOODPLAIN MANAGEMENT
46
47 ARTICLE I.—IN GENERAL
48
I Sec. 122-1.— General.
2 (a) Title. These regulations shall be known as the Floodplain Manygement Ordinance of Monroe
3 County, hereinafter referred to as "this chapter."
4 (b) Scope. The provisions of this chapter shall apply to all development that is wholly within or
5 partially within any flood hazard area, including but not limited to the subdivision of land, filling,
6 grading, and other site improvements and utility installations, construction,alteration,remodeling,
7 enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
8 and facilities that are exempt from the Florida Building Code, placement, installation, or
9 replacement of manufactured homes and manufactured buildings, installation or replacement of
10 tanks, placement of recreational vehicles, installation of swimming pools, and any other
11 development.
12 (c) Purpose and Intent. The purpose of this chapter shall be interpreted cumulatively with its
13 intent, and shall be taken into account, granted substantial weight, and guide all interpretations
14 and constructions of this chapter. Monroe County is subject to flooding resulting in danger to
15 life, loss of property, health and safety hazards, disruption of commerce and governmental
16 services, extraordinary public expenditures for flood protection and relief, and the impairment
17 of its tax base as an effect of flooding and flood events, all of which adversely affect the public
18 health, safety, and general welfare. The purpose of this chapter's adoption is to ensure the
19 continued availability of federal flood insurance, to comply with federally and state-imposed
20 regulatory requirements, and to protect the public health, safety, and general welfare, by
21 minimizing flood-related losses in Monroe County. All interpretations of this chapter shall in
22 all proceedings and cases further,rather than impair, limit,restrict, or obstruct,the purposes of
23 this chapter. It is the intent of the Board of County Commissioners that the provisions of this
24 chapter be strictly adhered to and enforced in order to maintain the County's eligibility for and
25 benefits of the National Flood Insurance Program. The purposes of this chapter and the flood
26 load and flood resistant construction requirements of the Florida BuildiLg Code and the
27 floodplain management requirements within Monroe County Code of Ordinances, Chapter 6
28 Buildings and Construction, are to establish minimum requirements to safeguard the public
29 health, safety, and general welfare and to minimize public and private losses due to flooding
30 through regulation of development in flood hazard areas to:
31 (1) Minimize unnecessary disruption of commerce, access and public service during times of
32 flooding,
33 (2) Require the use of appropriate construction practices in order to prevent or minimize future
34 flood damage,
35 (3) Manage filling, grading dredging, mining,paving, excavation, drilling operations, storage
36 of equipment or materials, and other development which may increase flood damage or
37 erosion potential,
38 (4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
39 development on the natural and beneficial functions of the floodplain;
40 (5) Minimize damage to public and private facilities and utilities,
41 (6) Help maintain a stable tax base by providing for the sound use and development of flood
42 hazard areas,
43 (7) Minimize the need for future expenditure of public funds for flood control projects and
44 response to and recovery from flood events,
45 (8) Ensure potential home buyers are notified that property is in a flood hazard area, and
46 (9) Meet the requirements of the National Flood Insurance Program for community_
I participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
2 (d) Construction and Interpretation. In the interpretation and application of this chapter, all
3 provisions herein shall be considered as minimum requirements and shall not be deemed to
4 forfeit, waive, eliminate, limit, condition, qualify, or repeal any other powers granted to the
5 county pursuant to Florida law. This chapter, being necessary for the health, safety, and
6 welfare of the residents of and visitors to the county, shall be liberally construed to effect the
7 intent and purposes hereof, and interpretation and construction of this chapter shall be
8 construed in favor of Monroe County, and such construction and interpretation shall be
9 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and
10 on meal.
11 (e) Administrative Deference. The Board of County Commissioners legislatively finds that the
12 construction of this chapter by a county department or office charged with its administration,
13 interpretation, or enforcement shall be leery entitled to deference and great wei_hg t in
14 adversarial administrative proceedings, at trial, in bankruptcy, and on meal, and that such
15 administrative interpretations should not be modified or overturned by an administrative
16 hearing officer or court of competent jurisdiction unless clearly erroneous. If such
17 administrative staff interpretation is within the range of possible and reasonable
18 interpretations, it is not clearly erroneous and should be affirmed.
19 (f) Coordination with the Florida Buildin,- Code. This chapter is intended to be administered
20 and enforced in conjunction with the Florida Building Code. The flood load and flood
21 resistant construction requirements of the Florida Building Code shall apply to all buildings
22 and structures that are wholly within or partially within any flood hazard area. Where cited
23 in this chapter, ASCE 24 refers to the edition of the standard that is referenced by the Florida
24 Building Code. To the extent of any conflict between this chapter and the Florida Building
25 Code, the more restrictive is deemed to be controlling.
26 (2) Provisions to be Cumulative to Other County Ordinances and Regulations. This chapter
27 supersedes any ordinance or regulation in effect for management of development in flood
28 hazard areas, but otherwise is intended to be administered and enforced in conjunction with
29 and cumulative to any other county ordinances including but not limited to land development
30 regulations, zoning ordinances, stormwater management regulations, or the Florida Building
31 Code. This chapter does not revise or repeal any other existing_ c ounty ordinance or regulation
32 in any way_
33 (h) Internal Conflicts. Where there is a conflict between a general provision or requirement and
34 a specific provision or requirement in this chapter, the specific shall be applicable. To the
35 extent of any conflict between one provision or requirement and another provision or
36 requirement of this chapter, the more restrictive is deemed to be controlling. Where a more
37 restrictive _general provision or requirement conflicts with a less restrictive specific provision
38 or requirement, the more restrictive general requirement shall prevail.
39 (i)Effect of State and Federal Laws. If a state or federal law, whether existing at the time of this
40 chapter's effective date or enacted after its effective date, which is applicable to and limits,
41 prohibits, restricts, conditions, or qualifies the meaning, effectiveness, or operation any
42 provision or requirement herein, such provision or requirement of this chapter shall be
43 interpreted, administered, and enforced to the maximum extent permitted by law.
44 (j)Injunctive Relief. The County Attorney is authorized to seek affirmative or negative injunctive
45 relief authorizing or commanding compliance with this chapter through, including but not
46 limited to, cessation of a use, or removal of a building or structure or a part or portion thereof,
I by motion for emergency,preliminary,or permanent injunction, including by ex parte motion,
2 or other forms of equitable relief, from a court of competent jurisdiction, upon presentation
3 of prima facie evidence of a violation of this chapter to such court.
4 (k) No Waiver or Estoppel. It being that Monroe County possesses discretion to enforce this
5 chapter, the county's delay or failure to enforce any provision contained in this chapter,
6 however long continued, shall not be deemed a waiver or estoppel of the right for the County
7 to enforce this chapter at any time thereafter.
8 (1) Severabili , . If any provision of this chapter, or any portion thereof, is held to be invalid or
9 unenforceable by any administrative hearing officer or court of competent jurisdiction, the
10 invalidity or unenforceability of such provision, or any portionthereof, shall neither limit nor
11 impair the operation, enforceability, or validity of any remaining portion(s) thereof, or of any
12 other provision of this chapter. All remaining portion(s)thereof and all other provisions of this
13 chapter shall continue unimpaired in full force and effect.
14 (m) Warning. The degree of flood protection, activities, or work required by this chapter and the
15 Florida Building Code, as amended by Monroe County, is considered the minimum necessary
16 and reasonable to accomplish the intent and purposes herein and is based upon scientific and
17 engineering_ considerations. Larger floods can and will occur. Flood heights and flood-related
18 impacts may be increased,intensified,or exacerbated by man-made or natural causes. This chapter
19 does not expressly provide or imply that land outside of mapped special flood hazard areas, or that
20 structures or uses authorized and permitted within such flood hazard areas, will be free from
21 flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood
22 Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code
23 of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency
24 Management Agency,requiring Monroe County to revise this chapter and regulations to remain
25 eligible for participation in the National Flood Insurance Program and its benefits. No
26 guarantee of a vested right to a structure or use, existing use, or future use is implied or
27 expressed by any part of or compliance with this chapter.
28 (n) No Liability. This chapter shall not create liability on the part of the Board of County
29 Commissioners of Monroe County or any officer or employee thereof for any flood damage
30 allegedly arising out of, related to, or in connection with this chapter or any administrative
31 decision lawfully made thereunder. This chapter shall not be deemed to have waived, for the
32 county, or for its officers or employees, any sovereign governmental, or any other similar
33 defense, immunity, exemption, or protection against any suit, cause of action, demand, or
34 liabilily.
35
36 Sec. 122-2—Applicability.
37 (a) Applicability this chapter. Where there is a conflict between a general requirement and a
38 specific requirement, the specific requirement shall be applicable.
39 (b)Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within
40 the unincorporated areas of Monroe County, as established in section 122-2(c) of this chapter.
41 (c) Basis for establishing flood hazard areas, Species Focus Area Maps (SFAMs)with Focus
42 Area Buffers and Federally Protected Species Area Real Estate (RE) List; and Species
43 Assessment Guides (SAGs).
44 (1) The Flood Insurance Study for Monroe County dated February 18, 2005, and the
45 - accompanying Flood Insurance Rate Maps (FIRM), are adopted by reference as a part of
46 this chapter, shall be kept on file, available to the public, in the offices of the county
I Building Department and shall serve as the minimum basis for establishing flood hazard
2 areas. Amendments and revisions by Letters of Map Change (LOMC) issued by FEMA
3 shall be retained by the County and utilized for implementing this chapter. Studies and
4 maps that establish flood hazard areas shall be kept on file at the offices of the county
5 Building Department.
6 (2)For implementation of the Permit Referral Process (PRP)in Section 122-12 of this chapter,
7 the following are adopted by reference as a part of this chapter:
8 a. Species focus area maps (SFAMs) with Species focus area buffers and species real
9 estate (RE) list. FEMA and the U.S. Fish and Wildlife Service (FWS) have provided
10 the species focus area maps (SFAMs) mailed to Monroe County and dated April 30,
11 2011, and a listing of real estate numbers of parcels (RE list)emailed to Monroe County
12 and dated November 18, 2011,that are within the SFAMs and that have been identified
13 by FWS. The SFAMs and the RE list that are within the SFAMs identified by the FWS
14 in accordance with the biological opinion, dated April 30, 2010, as amended December
15 14, 2010, are hereby declared to be a part of this chapter. The SFAMs and RE list are
16 on file at the Monroe County Clerk's office and the Monroe County Growth
17 Management Division Office.
18 b. Species assessment guides (SAGS). FEMA and FWS provided the May 20, 2012,
19 species assessment guides des (SAGS) to Monroe County and Monroe County adopted
20 these SAGS on September 13, 2012. FEMA and the FWS provided revisions of the
21 SAGs to Monroe County on July 29, 2013. Permits submitted after February 17, 2014,
22 the date of this ordinance shall be reviewed utilizing the July 29, 2013, FEMA/FWS
23 SAGs. These SAGS are declared to be a part of this chapter. The SAGS are on file at
24 the Monroe County Clerk's office and the Monroe County Growth Management
25 Division Office.
26 (d) Submission of additional data to establish flood hazard areas. To establish flood hazard
27 areas and base flood elevations, pursuant to section 122-13 of this chapter the Floodplain
28 Administrator may require submission of additional data. Where field surveyed topography
29 prepared by a Florida licensed professional surveyor or digital_ topography accepted by the
30 Floodplain Administrator indicates that ground elevations:
31 (1) Are below the closest applicable base flood elevation, even in areas not delineated as a
32 special flood hazard area on a FIRM, the area shall be considered as flood hazard area and
33 subject to the requirements of this chapter and, as applicable, the requirements of the
34 Florida Building Code.
35 (2) Are above the closest applicable base flood elevation,the area shall be regulated as special
36 flood hazard area unless the applicant obtains a Letter of Map Change that removes the
37 area from the special flood hazard area.
38 (e) Abrogation and treater restrictions. This chapter supersedes any ordinance in effect for
39 management of development in flood hazard areas. However, it is not intended to repeal or
40 abrogate any existing ordinances including but not limited to land development regulations,
41 zoning ordinances, stormwater management regulations, or the Florida Building Code. In the
42 event of a conflict between this chapter and any other ordinance, the more restrictive shall
43 og vern.
44 Sec. 122-3.—Definitions.
45 The following words,phrases and terms shall, for the exclusive purposes of this chapter only, have
46 the specific definitions and meanings shown in this section. Where such words,phrases and terms
I are not defined in this chapter and are defined in the Florida Building Code, such words, phrases
2 and terms shall have the meanings ascribed to them in the Florida Building Code. Where such
3 words, phrases and terms are not defined in this chapter or the Florida Building Code, the County
4 shall utilize the adopted definitions within Chapter 101 of the Monroe County Land Development
5 Code. If the definitions of such words, phrases and terms are not within the Land Development
6 Code, the words,phrases and terms shall have ordinarily accepted meanings as its context and the
7 context of its provision and its provision's structural placement imply.
8
9 Accessory structure means a structure that is located on the same parcel or on a contiguous
10 parcel that is under the same ownership as the principal structure and the use of which is
11 subordinate to and incidental to the use of the principal structure. Accessory structures should
12 constitute a minimal initial investment, shall be limited to use for parking and storage and may
13 not be used for human habitation, and must be designed to have minimal flood damage
14 potential. Examples of accessory structures are two- car detached garages (or smaller),
15 carports, storage sheds, and pole barns (does not include gazebos, pavilions, picnic shelter, or
16 a carport that is open on all sides).
17
18 Adiacent to contiguous native habitat means an area of native habitat sharing a boundary at
19 one or more points of intersection with other native habitat. For purposes of this land
20 development code, an intervening road, right-of-way or easement shall not destroy the
21 adjacency of the habitat. However, U.S. 1, canals and open water shall constitute a break in
22 adjacency_
23
24 ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced
25 by the Florida Building Code. ASCE 24 is developed and published by the American Society
26 of Civil Engineers, Reston, VA.
27
28 Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given
29 year. The base flood is commonly referred to as the "100-year flood" or the"1-percent-annual
30 chance flood."
31
32 Base flood elevation (BFE) means the elevation of the base flood, including wave height,
33 relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
34 (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
35
36 Basement means the portion of a building having its floor subgrade (below ground level) on
37 all sides.
38
39 Coastal A Zone means the area within a special flood hazard area, landward of a V zone or
40 landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the
41 principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not
42 riverine flooding.During the base flood conditions,the potential for breaking wave height shall
43 be greater than or equal to 1 1/z feet(457 mm). The inland limit of the coastal A zone is (a)the
44 Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority
45 having jjurisdiction.
46
I Coastal high hazard area means a special flood hazard area extending from offshore to the
2 inland limit of a primary frontal dune along an open coast and any other area subject to high
3 velocity wave action from storms or seismic sources. Coastal high hazard areas are also
4 referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are
5 designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.
6
7 Design flood means the flood associated with the greater of the following two areas:
8 (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year,
9 or
10 (2) Area designated as a flood hazard area on the community's flood hazard map, or
11 otherwise leery designated.
12
13 Desiy flood elevation means the elevation of the "design flood," including wave hei"ht
14 relative to the datum specified on the community's legally designated flood hazard map. In
15 areas designated as Zone AO, the design flood elevation shall be the elevation of the highest
16 existing.grade of the building's perimeter plus the depth number(in feet) specified on the flood
17 hazard map. In areas designated as Zone AO where the depth number is not specified on the
18 map, the depth number shall be taken as being equal to 2 feet.
19
20 Development means any man-made change to improved or unimproved real estate, including
21 but not limited to, buildings or other structures, tanks, temporary structures, temporary or
22 permanent storage of equipment or materials, mining, dredging, filling, grading, paving,
23 excavations, drilling operations or any other land disturbing activities.
24
25 Flood
proofiLig Certificate means the FEMA Floodproofing Certificate for Non-Residential
26 Structures form issued by FEMA for the collection of design information and elevations for
27 specific buildings in flood hazard areas. The FEMA Floodproofing Certificate is revised and
28 reissued periodically. Applicants and permittees shall use the edition current as of the date of
29 submission.
30
31 Elevation Certificate means the FEMA Elevation Certificate form issued by FEMA for the
32 collection of information and elevations for specific buildings in flood hazard areas. The
33 FEMA Elevation Certificate is revised and reissued periodically. Applicants and permittees
34 shall use the edition current as of the date of submission.
35
36 Elevated buildiLg means a nonbasement building that has its lowest elevated floor raised above
37 ground level by foundation walls, shear walls,posts,piers,pilings, or columns.
38
39 Enclosed area or enclosure means the portion of an elevated building below the lowest
40 elevated floor that is fully shut in by rigid walls and used solely for limited storage,parking or
41 building access.Enclosures shall not be constructed,modified,equipped, or used for habitation
42 or other purposes.
43
44 ExistiLg buildiLg and existing structure means any buildings and structures for which the"start
45 of construction" commenced before June 15, 1973.
46
I Existing manufactured home park or subdivision means a manufactured home park or
2 subdivision for which the construction of facilities for servicing the lots on which the
3 manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
4 the construction of streets, and either final site grading or the pouring of concrete pads) is
5 completed before June 15, 1973.
6
7 Federal Emergencv Management Agency (FEMA) means the federal a_ _gency that, in addition
8 to carrying out other functions, administers the National Flood Insurance Program.
9
10 Flood or floodiLig means a general and temporary condition of partial or complete inundation
11 of normally dry land from:
12 (1) The overflow of inland or tidal waters.
13 (2) The unusual and rapid accumulation or runoff of surface waters from any source.
14
15 Flood damage-resistant materials means any construction material capable of withstanding
16 direct and prolonged contact with floodwaters without sustaining any damage that requires
17 more than cosmetic repair.
18
19 Flood hazard area means the greater of the following two areas:
20 (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
21 year.
22 (2) The area designated as a flood hazard area on the community's flood hazard map, or
23 otherwise leery designated.
24
25 Flood Insurance Rate Map (FIRM) means the official map of the community on which the
26 Federal Emergency Management Agency has delineated both special flood hazard areas and
27 the risk premium zones applicable to the community.
28
29 Flood Insurance Study (FIS) means the official report provided by the Federal Emer_ gency
30 Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
31 Floodway Map (if applicable), the water surface elevations of the base flood, and suporting
32 technical data.
33
34 Floodplain Administrator means the office or position designated and charged with the
35 administration and enforcement of this chapter. The term"Floodplain Administrator" shall be
36 synonymous with the term the "Floodplain Manager."
37
38 Floodplain development order or permit or approval means an official document or certificate
39 issued by the community, or other evidence of approval or concurrence, which authorizes
40 performance of specific development activities that are located in flood hazard areas and that
41 are determined to be compliant with this chapter.
42
43 Florida Building Code (FBC) means the family of codes adopted by the Florida Building
44 Commission, including the: Florida Building Code, Building; Florida Building Code,
45 Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
46 Florida Building Code, PlumbiLig; Florida Building Code, Fuel Gas.
1
2 Functionally dependent use means a use which cannot perform its intended purpose unless it
3 is located or carried out in close proximity to water, including only docking facilities, port
4 facilities that are necessary for the loading and unloading of cargo or passengers, and ship
5 building and ship repair facilities, the term does not include long-term storage or related
6 manufacturing facilities.
7
8 Highest adjacent ,grade means the highest natural elevation of the ground surface prior to
9 construction next to the proposed walls or foundation of a structure.
10
11 Historic structure means any structure that is determined eligible for the exception to the flood
12 hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
13 Buildings. For the purposes of this exception, a historic building is:
14 (1) Listed or preliminarily determined to be eligible for listing in the National Register of
15 Historic Places, or
16 (2) A contributing resource within a National Register of Historic Places listed district, or
17 (3) Designated as historic property under an official municipal, county, special district or
18 state designation, law, ordinance or resolution either individually or as a contributing
19 property in a district, provided the local program making the designation is approved
20 by the Department of the Interior; or
21 (4) Determined eligible by the Florida State Historic Preservation Officer for listing_ in the
22 National Register of Historic Places, either individually or as a contributing property
23 in a district.
24
25 Illegal structure or use means a structure or use that is not a legal structure or legal use as
26 defined in this chapter.
27
28 Legal structure means a structure that was permitted under the floodplain regulations in effect
29 at the time construction commenced on the structure in its current configuration and received
30 a permit or final inspection or certificate of occupancy for the structure in its current
31 config_uration.
32
33 Legal use means a use that was permitted by the floodplain regulations at the time the use
34 commenced on the property.
35
36 Limit ofModerate Wave Action means a line shown on FIRMS to indicate the inland limit of
37 the 1 1/2-foot(457 mm)breaking wave height during the base flood.
38
39 Limited storage means storage that is incidental and accessory to the principal structure. For
40 example, if the principal structure is a residence, storage should be limited to items such as
41 lawn and garden equipment, tires, and other low damage items that will not suffer flood
42 damage or can be conveniently moved to the elevated part of the building. Flood insurance
43 coverage for enclosures and contents below the base flood elevation is very limited.
44
45 Letter op Change (LOMC) means an official determination issued by FEMA that amends
46 or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Mai
I Change include:
2 (1) Letter of Map Amendment (LOMA) means an amendment based on technical data
3 showing that hat a property was incorrectly included in a designated special flood hazard
4 area. A LOMA amends the current effective Flood Insurance Rate Map and establishes
5 that a specific property, portion of a property, or structure is not located in a special
6 flood hazard area.
7 (2) Letter of Myp Revision (LONIR) means a revision based on technical data that may
8 show changes to flood zones, flood elevations, special flood hazard area boundaries
9 and floodway delineations, and other planimetric features.
10 (3)Letter ofMap Revision Based on Fill(LONIR-F) means a determination that a structure
11 or parcel of land has been elevated by fill above the base flood elevation and is,
12 therefore, no longer located within the special flood hazard area. In order to qualify
13 for this determination,the fill must have been permitted and placed in accordance with
14 the community's floodplain management regulations.
15 (4) Conditional Letter oLyap Revision (CLOMR) means a formal review and comment as
16 to whether a proposed flood protection project or other project complies with the
17 minimum NFIP requirements for such projects with respect to delineation of special
18 flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map
19 or Flood Insurance Study, upon submission and approval of certified as-built
20 documentation, a Letter of Map Revision may be issued by FEMA to revise the
21 effective FIRM.
22
23 Li hg t-duty truck,defined in 40 C.F.R. 86.082-2,means any motor vehicle rated at 8,500 pounds
24 Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
25 less and which has a basic vehicle frontal area of 45 square feet or less, which is:
26 (1) Designed primarily for purposes of transportation of property or is a derivation of such
27 a vehicle, or
28 (2) Designed primarily for transportation of persons and has a capacity of more than 12
29 persons, or
30 (3) Available with special features enabling off-street or off-highway operation and use.
31
32 Lowest floor means the lowest floor of the lowest enclosed area of a building or structure,
33 including basement, but excluding any unfinished or flood-resistant enclosure, other than a
34 basement, usable solely for vehicle parking, building access or limited storage provided that
35 such enclosure is not built so as to render the structure in violation of the non-elevation
36 requirements of the Florida BuildinZ Code or ASCE 24.
37
38 MaLigrove stand means an assemblage of mangrove trees which are mostly low trees noted for
39 a copious development of interlacing adventitious roots above the ground and which contains
40 one or more of the following species: Black mangrove, red mangrove, white mangrove, and
41 buttonwood.
42
43 Manufactured home means a structure, transportable in one or more sections, which is eight
44 (8)feet or more in width and greater than four hundred(400) square feet, and which is built on
45 a permanent, integral chassis and is designed for use with or without a permanent foundation
46 when attached to the required utilities. The term "manufactured home" does not include a
I "recreational vehicle" or"park trailer."
2
3 Manufactured home park or subdivision means a parcel(or Conti_ "ous parcels)of land divided
4 into two or more manufactured home lots for rent or sale.
5
6 Market value means the price at which a property will change hands or be transferred between
7 a willing buyer and a willing seller,neither party being under compulsion to buy,sell or transfer
8 and both having reasonable knowledge of relevant facts, which shall include imputing
9 constructive knowledge of controlling local, state, and federal laws and regulations. As used
10 in this chapter, the term "market value" refers to the market value of buildings and structures,
11 excluding the land and other improvements on the parcel. Market value may be established by
12 a qualified certified independent appraiser, Actual Cash Value (in-kind replacement cost
13 depreciated for age, wear and tear, neglect, and quality of construction), established by a
14 qualified certified independent appraiser or tax assessment value adjusted by 20 percent(20%)
15 to approximate market value. A uniform appraisal report prepared by a qualified certified
16 independent appraiser submitted by the applicant may be used if the Floodplain Administrator
17 considers such appraisal consistent with local construction costs. A structure or building
18 originally manufactured or built as a vehicle, shall exclusively be Upraised by utilizing the
19 Kelley Blue Book or a NADA appraisal. Documentation of alleged local construction costs
20 submitted by a property owner to the Floodplain Administrator must be submitted in the form
21 of a sworn or attested affidavit that shall be based upon the personal knowledge of the
22 certifying affiant and must be notarized. Where an appraisal is not accepted because it wears
23 to be inconsistent with local construction costs,the applicant may request review by a qualified
24 certified independent third-party appraiser duly authorized by the county. The cost of such
25 independent review shall be borne by the applicant. The reviewing appraiser shall determine
26 if the appraisal value reasonably reflects an appropriate market value of the structure. The
27 reviewing appraiser's determination must be in a written document, shall be sworn or attested
28 to by the certifying affiant and expressly provide that it is based on the certifying affiant's
29 personal knowledge, and must be notarized. Professionals preparing appraisals or appraisal
30 reviews shall be required to possess certifications as state certified residential appraisers for
31 appraising one to four family residential properties and state certified general appraisers for all
32 other properties including commercial and multi-residential. Neither an appraisal making an
33 extraordinary assumption that a building or structure was in good condition as of a date prior
34 to a flood event nor a retrospective appraisal (an appraisal done retrospectively based on a date
35 prior to the flood event) shall be eligible for consideration or relief. A building or structure that
36 was never lawfully permitted in the first place shall not be eligible for issuance of a permit or
37 development approval.
38
39 New construction means, for the purposes of administration of this chapter and the flood
40 resistant construction requirements of the Florida BuildiLg Code, structures for which the
41 "start of construction" commenced on or after June 15, 1973. and includes any subsequent
42 improvements to such structures.
43
44 Nonconversion Agreement means a form provided by the Floodplain Administrator to be
45 signed by the owner and recorded on the property deed in Official Records of the Monroe
46 County Clerk of Court, for the owner to agree not to convert or modify in any manner that is
I inconsistent with the terms of the building�permit and these regulations, enclosures below
2 elevated buildings, certain crawl/underfloor spaces, detached accessory structures, and
3 arg_ages.
4
5 Nonconforming structure means a structure or a portion of a structure below the base flood
6 elevation that is lawfully existing or permitted and is not fully conforming with the terms of
7 this chapter.
8
9 Notice to proceed means a written authorization by the Planning and Environmental Resources
10 Department and/or Building Department to the permittee authorizing permitted development
11 to begin.
12
13 Park trailer means a transportable unit which has a body width not exceeding fourteen (14)
14 feet and which is built on a single chassis and is designed to provide seasonal or temporary
15 living quarters when connected to utilities necessary for operation of installed fixtures and
16 appliances.
17
18 Recreational vehicle means a vehicle, including a park trailer, which is:
19 (1) Built on a single chassis,
20 (2) Four hundred (400) square feet or less when measured at the largest horizontal
21 projection,
22 (3) Designed to be self-propelled or permanently towable by a light duty truck, and
23 (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
not for use as a permanent dwelling but as temporary living quarters
24 for recreational, camping, travel, or seasonal use.
25
26 Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of
27 the beach.
28
29 Special flood hazard area means an area in the floodplain subject to a 1 percent or greater
eater
30 chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone
31 A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V.
32
33 Start ofconstruction means the date of issuance of permits for new construction and substantial
34 improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
35 addition, placement, or other improvement is within 180 days of the date of the issuance. The
36 actual start of construction means either the first placement of permanent construction of a
37 building(including a manufactured home) on a site, such as the pouring of slab or footings,
38 the installation of piles, or the construction of columns. Permanent construction does not
39 include land preparation (such as clearing, grading, or filling), the installation of streets or
40 walkways, excavation for a basement,footings,piers,or foundations,the erection of temporary
41 forms or the installation of accessory buildings such as _garages or sheds not occupied as
42 dwelling units or not part of the main buildings. For a substantial improvement, the actual
43 "start of construction" means the first alteration of any wall, ceiling, floor or other structural
44 part of a building,whether or not that alteration affects the external dimensions of the building.
45
46 Substantial damyge means damage of any origin sustained by a building or structure whereby
I the cost of restoring the building or structure to its before damaged (pre-damage") condition
2 would equal or exceed 50 percent of the market value of the building or structure before the
3 damage occurred. Structures that are determined to be substantially damaged are automatically
4 considered to be substantial improvements, regardless of the actual repair work performed. If
5 the cost necessary to fully repair the structure to its before damage (pre-damage") condition
6 is equal to or greater than 50 percent of the structure's market value before damages (Pre-
7 damage" market value), then the structure must be elevated (or flood proofed if it is non-
8 residential) to or above the required elevation and meet all other aplicable requirements of
9 the Florida Building Code and this chapter. Items that may be excluded from the cost to repair
10 are listed in the substantial improvement/substantial damage worksheet/checklist developed
11 by the County Floodplain Administrator(which shall be kept on file and available to the public
12 in the offices of the County Building Department) and, include but are not limited to, costs to
13 prepare plans and specifications, survey costs, and permit and inspection fees. Items that may
14 also be excluded include costs to lawfully temporarily stabilize a building so that it's safe to
15 enter to evaluate and identify required repairs and lawful improvements to items outside the
16 building, such as the driveway, septic systems, wells, fencing, landscaping and detached
17 accessory structures.
18
19 Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addition,
20 or other improvement of a building or structure, including any improvement and any repair of
21 damage sustained from any origin,the cost of which equals or exceeds 50 percent of the market
22 value of the building or structure before the improvement or repair is started. If the building or
23 structure has incurred "substantial damage," any repairs are considered a substantial
24 improvement regardless of the actual repair work performed. The term does not, however,
25 include either:
26 (1) Any project for lawful improvement of a building required to correct existing health,
27 sanitary, or safety code violations identified by the Building Official and that are the
28 minimum necessary to assure safe living conditions.
29 (2) Lawful minimum necessary repairs required to remedy health, safety,and sanitary code
30 deficiencies provided the Building Official, Fire Marshal, or Health Officer were prior
31 to such repairs' occurrence expressly informed of the existence and the extent of the
32 code deficiencies,the deficiencies were in existence prior to the occurrence of damage
33 or prior to the start of an improvement, and the deficiencies are not triggered solely by
34 the proposed improvements or repairs.
35 (3) Any alteration of a historic structure provided that the alteration will not preclude the
36 structure's continued designation as a historic structure.
37
38 Variance means a grant of relief from the requirements of this chapter, or the flood resistant
39 construction requirements of the Florida Building Code, which permits construction in a
40 manner that would not otherwise be permitted by this chapter or the Florida Building Code.
41
42 V-Zone and Coastal A Zone Construction Certification Form means the Monroe County V-
43 Zone and Coastal A Zone Construction Certification Form for New Construction &
44 Substantially Improved/Damaged Structures. Design calculations signed and sealed by the
45 design professional must be submitted with the Form, and include at a minimum, if aPplicable:
46 (1) Calculated velocity
47 (2) Hydrostatic load—buoyancy effects, lateral loads from standing water, slowly moving
I water, and nonbreakin waves
2 (3) Breaking wave load
3 (4) Hydrodynamic load—from rapidly moving water, including breaking waves
4 (5) Debris impact load—from waterborne objects
5 (6) Estimation of scour
6 (7) Breakaway wall design and calculations
7 (8) Free of obstruction designground for ground slabs
8 (9) Free of obstruction design for accessory structures and pools.
9
10 Sec. 122-4— 122-9.—Reserved.
11
12 ARTICLE IL —ADMINISTRATION
13
14 Sec. 122-10.—Duties and Powers of the Floodplain Administrator.
15 (a)Floodplain Administrator; designation. The Building Official is designated as the Floodplain
16 Administrator. The Floodplain Administrator may delegate performance of certain of his or
17 her duties to other employees.
18 (b) General authority. The Floodplain Administrator is authorized and directed to administer and
19 enforce the provisions of this chapter. The Floodplain Administrator shall have the authority
20 to render interpretations of this chapter consistent with the intent and purpose of this chapter
21 and may approve and establish policies and procedures in order to clarify the application of its
22 provisions. The Floodplain Administrator is authorized to aprove tools, tables, and software
23 developed to render substantial damage or substantial improvement calculations, which are
24 provided to the County by federal agencies including but not limited to FEMA and NOAA;
25 such approvals shall be construed as legislatively authorized and executive in nature. The
26 Floodplain Administrator shall be guided by the current editions of FEMA's technical bulletins
27 and other guidance publications, interpretative letters, and policy statements issued by FEMA
28 that are adopted by resolution by the Board of County Commissioners. Such interpretations,
29 policies, resolutions, and procedures shall not have the effect of waiving requirements
30 specifically provided in this chapter or the Florida BuildiLg Code without the granting of a
31 variance pursuant to section 122-17 of this chapter.
32 (c) Applications and permits. The Floodplain Administrator, in consultation with the Building
33 Official and in coordination with other pertinent offices of Monroe County, shall:
34 (1) Review aplications and plans to determine whether proposed new development will be
35 located in flood hazard areas;
36 (2) Review aplications for modification of any existing development in flood hazard areas
37 for compliance with the requirements of this chapter;
38 (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine
39 the exact location of boundaries; a person contesting the determination shall have the
40 opportunity to meal that interpretation;
41 (4) Provide available flood elevation and flood hazard information;
42 (5) Determine whether additional flood hazard data shall be obtained from other sources or
43 shall be developed by an applicant;
44 (6) Review aplications to determine whether proposed development will be reasonably safe
45 from flooding;
46 (7) Issue Foodplain development orders or permits for development other than buildings and
I structures that are subject to the Florida Building Code, including buildings, structures and
2 facilities exempt from the Florida Building Code, when compliance with this chapter is
3 demonstrated, or disapprove the same in the event of noncompliance, and
4 (8) Coordinate with and provide comments to the Building Official to assure that aplications,
5 plan reviews, and inspections for buildings and structures in flood hazard areas comply
6 with the aplicable provisions of this chapter.
7 (d) Substantial improvement and substantial damage determinations. For applications for
8 building permits to improve buildings and structures, including alterations, movement,
9 enlargement,replacement,repair, change of occupancy, additions,rehabilitations,renovations,
10 substantial improvements, repairs of substantial damage, and any other improvement of or
11 work on such buildings and structures, the Floodplain Administrator, in coordination with the
12 Building Official, shall:
13 (1) Develop a substantial improvement/substantial damage worksheet/checklist, consistent
14 with guidance published by FEMA, to communicate to property owners, residents,
15 contractors and design professionals, that includes, but is not limited to, affidavit
16 requirements, acceptable documentation of costs, identification of costs that may be
17 excluded from the cost of proposed improvements and repairs, and conditions relevant to
18 exclusion of costs in accordance with the definition of "substantial damage" and
19 "substantial improvement."
20 (2) Estimate the market value, or require the aplicant to obtain an apraisal of the market
21 value prepared by a qualified certified independent appraiser, of the building or structure
22 before the start of construction of the proposed work, in the case of repair,the market value
23 of the building or structure shall be the market value before the damage occurred and before
24 any repairs are made,
25 (3) Compare the cost to perform the improvement,the cost to repair a damaged building_ to o its
26 pre-damaged condition, or the combined costs of improvements and repairs, if aplicable,
27 to the market value of the building or structure,
28 (4) Determine and document whether the proposed work constitutes a substantial improvement
29 or the repair of substantial damage, and
30 (5) Notify the aplicant if it is determined that the work constitutes a substantial improvement
31 or the repair of substantial damage and that compliance with the flood resistant construction
32 requirements of the Florida Building Code and this chapter is required.
33 (e) Modifications of the strict application of the requirements of the Florida Buildin,- Code.
34 The Floodplain Administrator shall review requests submitted to the Building Official that seek
35 approval to modify the strict application of the flood load and flood resistant construction
36 requirements of the Florida Building Code to determine whether such requests require the
37 _granting of a variance pursuant to section 122-17 of this chapter.
38 (f) Notices and orders. The Floodplain Administrator shall coordinate with apropriate local
39 agencies for the issuance of all necessary notices or orders to ensure compliance with this
40 chapter.
41 (2)Inspections. The Floodplain Administrator shall make the required inspections as specified in
42 section 122-14 of this chapter for development that is not subject to the Florida Building Code,
43 including buildings, structures and facilities exempt from the Florida Building Code. The
44 Floodplain Administrator shall inspect flood hazard areas to determine if development is
45 undertaken without issuance of a Foodplain development permit.
I (h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
2 other duties, including but not limited to:
3 (1) Establish, in coordination with and with the approval of the Building Official, Procedures
4 for administering and documenting determinations of substantial improvement and
5 substantial damage made pursuant to section 122-10(d) of this chapter;
6 (2) Require applicants who submit hydrologic and hydraulic engineering analyses to support
7 permit applications to submit to FEMA the data and information necessary to maintain the
8 Flood Insurance Rate Maps if the analyses propose to change base flood elevations, or
9 flood hazard area boundaries, such submissions shall be made within six (6)months of the
10 Floodplain Administrator's notice to the applicant to submit to FEMA the data and
11 information necessary to maintain the Flood Insurance Rate Maps.
12 (3) Review required design certifications and documentation of elevations (FEMA Elevation
13 Certificates)specified by this chapter and the Florida Building Code to determine that such
14 certifications and documentations are complete,
15 (4) Notify the Federal Emergency _Management A _gency when the corporate boundaries of
16 Monroe County are modified, and
17 (5) Advise applicants for new buildings and structures, including substantial improvements,
18 that are located in any unit of the Coastal Barrier Resources System established by the
19 Coastal Barrier Resources Act(Pub. L. 97-348) and the Coastal Barrier Improvement Act
20 of 1990 (Pub. L. 101-591), that federal flood insurance is not available on such
21 construction, areas subject to this limitation are identified on Flood Insurance Rate Maps
22 as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
23 (i) Floodplain management records. Regardless of any limitation on the period required for
24 retention of public records,the Floodplain Administrator shall maintain and permanently keep
25 and make available for public inspection all records that are necessary for the administration
26 of this chapter and the flood resistant construction requirements of the Florida Building Code,
27 including, but not limited to, Flood Insurance Rate Maps, Letters of Map Change, records of
28 issuance of permits and denial of permits;determinations of whether proposed work constitutes
29 a substantial improvement or the repair of substantial damage, required design certifications
30 and documentation of elevations (FEMA Elevation Certificates) specified by the Florida
31 Building Code and this chapter; documentation related to meals and variances, including
32 justification for issuance or denial, and records of enforcement actions taken pursuant to this
33 chapter and the flood resistant construction requirements of the Florida Building Code.
34
35 Sec. 122-11.—Permits.
36 (a) Permits required. Any owner or owner's authorized went (hereinafter "applicant") who
37 intends to undertake any development activity within the scope of this chapter, including
38 buildings, structures and facilities exempt from the Florida Building Code, which is wholly
39 within or partially within any flood hazard area shall first make application to the Floodplain
40 Administrator, and the Building Official if applicable, and shall obtain all the required
41 Foodplain development orders or permits. No such order or permit shall be issued until
42 compliance with the requirements of this chapter and all other applicable codes and regulations has
43 been satisfied.
44 (b) Floodplain development orders or permits. Floodplain development orders or permits shall be
45 issued pursuant to this chapter for any development activities not subj ect to the requirements of the
46 Florida Building Code, including buildings, structures and facilities exempt from the Florida
I Building Code. Depending on the nature and extent of proposed development that includes a
2 building or structure, the Floodplain Administrator may determine that a floodplain development
3 order is required in addition to a buildingzpermit.
4 (c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to
5 the requirements of federal regulations for participation in the National Flood Insurance
6 Program (44 C.F.R. Sections 59 and 60), floodplain development orders or permits shall be
7 required for the following buildings, structures and facilities that are exempt from the Florida
8 Building Code and any further exemptions provided by law, which are subject to the
9 requirements of this chapter:
10 (1) Railroads and ancillary facilities associated with the railroad.
11 (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
12 (3) Temporary buildings or sheds used exclusively for construction purposes.
13 (4) Mobile or modular structures used as temporary offices.
14 (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
15 are directly involved in the generation, transmission, or distribution of electricity.
16 (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe
17 of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but
18 that has a thatched roof of palm or palmetto or other traditional materials, and that does not
19 incorporate any electrical,plumbing, or other non-wood features.
20 (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
21 assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
22 constructed of granite, marble, or reinforced concrete.
23 (8) Temporary housing providedby the Department of Corrections to any prisoner in the state
24 correctional system.
25 (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
26 Building Code, if such structures are located in flood hazard areas established on Flood
27 Insurance Rate Maps.
28 (d) Application for a floodplain development order or permit. To obtain a floodplain
29 development order or permit the applicant shall first file an application in writing on a form
30 approved by the Building Official and furnished by the Building Department. The information
31 provided by the applicant shall accurately, at a minimum:
32 (1) Identify and describe the scope of work and development to be covered by the order or
33 permit.
34 (2) Describe the land on which the proposed development is to be conducted by complete legal
35 description, street address or similar description that will readily identify and definitively
36 locate the site.
37 (3) Indicate the use and occupancy for which the proposed development is intended.
38 (4) Be accompanied by a site plan or construction documents as specified in section 122-13 of
39 this chapter.
40 (5) State the valuation of the proposed work.
41 (6) Be signed_ by the applicant or by the applicant's authorized a_ gent.
42 (7) Give such other data and information as required by the Floodplain Administrator.
43 (8) For projects proposing to enclose areas under elevated buildings, include signed
44 Nonconversion Agreement, the agreement shall be recorded on the property deed prior to
45 issuance of the Certificate of Occupancy
46 (e) Validity of floodplain development order or permit. The issuance of a floodplain
I development order or permit pursuant to this chapter shall not be construed to be a permit for,
2 or approval of,any violation of this chapter,the Florida Building Code, or any other ordinance,
3 resolution or regulation of Monroe County. The issuance of permits based on submitted
4 applications, construction documents, and information shall not prevent the Floodplain
5 Administrator from requiring the correction of errors and omissions, or in the case of
6 incomplete documents or information, from requiring the supplementation of such prior
7 submitted documents or information with additional documentation or information.
8 (f) Expiration. A floodplain development order or permit shall automatically become invalid by
9 operation of law unless the work authorized by such permit is commenced within 180 days
10 after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days
11 after the work authorized by such permit commences. Extensions for periods of not more than
12 180 days each shall be requested in writing by the applicant and justifiable good cause shall be
13 demonstrated. "Good cause" means a"legally sufficient reason."
14 (2) Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke
15 a floodplain development order or permit if the order or permit was issued in error, if the order
16 or permit was issued on the basis of incorrect, inaccurate or incomplete information, if the
17 county Building Department determines that the application for such order or permit contained
18 false or misleading information or omitted information material and relevant to the county's
19 decision to issue said order or permit, if the application for such order or permit failed to
20 comply with a provision or requirement of this chapter, or if the order or permit was issued in
21 violation of this chapter or any other ordinance, resolution, regulation or requirement of
22 Monroe County.
23 (h) Other permits required. Floodplain development permits and building permits shall include
24 a condition that all other applicable state or federal approvals and permits must be obtained
25 before commencement of the county-permitted development, including but not limited to the
26 following:
27 (1) The South Florida Water Management District,pursuant to Section 373.036, F.S.
28 (2) Florida Department of Health for onsite sewage treatment and disposal systems, pursuant
29 to Section 381.0065, F.S. and Chapter 64E-6, F.A.C.
30 (3) Florida Department of Environmental Protection for activities subject to the Joint Coastal
31 Permit, pursuant to Section 161.055, F.S.
32 (4) Florida Department of Environmental Protection for activities that affect wetlands and alter
33 surface water flows, in conjunction with the U.S. Army Corps of Engineers, pursuant to
34 Section 404 of the Clean Water Act.
35 (5) Federal permits and approvals.
36 (i) Other documentation required. A Nonconversion Agreement signed by the applicant, and
37 plans or drawings specified by the Floodplain Administrator, shall be recorded on the property
38 deed prior to issuance of Certificates of Occupancy or Certificates of Compliance for the
39 following:
40 (1) Enclosed areas below new and substantially improved elevated buildings.
41 (2) Enclosed areas below lateral additions.
42 (3) Enclosed areas below nonconforming buildings that are brought into compliance.
43 (4) Garages and detached accessory structures that are aPproved in accordance with the non-
44 elevation requirements of Section 122-25(d) and (e).
45
46 Sec. 122-12. -Inclusion of United State Federal Emer2ency Management A2ency and United
I States Fish and Wildlife Service (FWS) required Permit Referral Process (PRP) in final
2 permit determinations for development.
3
4 (a)Purpose and intent. It is the purpose of this section 122-12 to implement regulations that will
5 assure, consistent with the loth Amendment to the U.S. Constitution, state and county
6 regulations, proper record retention, coordination, and notification of FEMA and FWS
7 re_arding permit applications filed with or issued by Monroe County,inclusive of FEMA/FWS
8 requirements agreed to by the aplicant.
9 (b) Lands to which this section apply. See section 122-2(c)(2).
10 (c) Rules for interpreting SFAMs. The boundaries of the flood hazard areas shown on the FWS
11 SFAMs may be determined by scaling distances. Required interpretations of those maps for
12 precise locations of such boundaries shall be made by the county planning director or his/her
13 designee, in consultation with the building official.
14 (d) Administration of development approval in species focus areas.
15 (1) SFAM review required. For parcels or lots shown within the SFAMs in which an
16 application for development permit has been made, if the SFAM indicates the parcel or lot
17 contains only unsuitable habitat for any of the following,species: Key Largo Cotton Mouse,
18 Key Largo woodrat, Key tree-cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key
19 deer, Schaus swallowtail butterfly, silver rice rate, and Stock Island tree snail, and the
20 parcel or lot is not listed on the RE list, the planning director or his/her designee shall
21 provide for a notation in the development application permit files that indicates:
22 a. The name of the official that reviewed the development aplication for FWS
23 requirements,
24 b. The date of the review, and
25 c. The date of the SFAM and RE list used to conduct the review.
26 Once the review has established that a parcel or lot contains unsuitable habitat, action may
27 be taken on the permit application for development by Monroe County staff.
28 (2) FWS technical assistance permit requirements. For parcels or lots shown within the
29 SFAMs in which an application for a permit for development has been made including 1)
30 expanding the footprint of a structure, and/or 2) expanding clearing in habitat (including
31 native vegetation removal), and/or 3) placement of fencing into Key deer habitat, if the
32 SFAM indicates the parcel or lot contains suitable habitat for any of the following species:
33 Key Largo Cotton Mouse,Key Largo wood rat,Key tree-cactus, Lower Keys marsh rabbit,
34 Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver rice rat, and/or Stock
35 Island tree snail, and the parcel or lot is listed on the RE list,the planning director or his/her
36 designee shall use the SAGS to determine whether a floodplain development permit
37 application requires:
38 a. Incorporation of FWS SAG requirements as conditions into the Monroe County_permit
39 and the county may issue the permit,pursuant to all applicable codes, or
40 b. If, according to the SAGS,the proposed development needs technical assistance by the
41 service, the county shall issue the permit in accordance with Chapter 2012-205, Laws
42 of Florida, indicating a notice to proceed must be obtained prior to any construction,
43 removal of vegetation, or commencement of development, with a condition that:
44 1. The aplicant seek and obtain technical assistance from the service, and
45 2. The applicant obtain, prior to the issuance of the notice to proceed, all aPplicable
46 state or federal permits or aprovals pursuant to section 122-11(h), and
1 3. In accordance with the Florida Building Code and Monroe County section 6-
2 103(b), the permit shall expire after 180 days, and
3 4. If the permit expires, the applicant shall be required to reapply for the permit.
4 c. For a floodplain development permit aplication that requires the services' technical
5 assistance, Monroe County shall provide the application to the service weekly. Based
6 on the services technical assistance, the aplicant shall submit the FWS written
7 requirements to the county. If the applicant agrees to the FWS requirements, in writing,
8 Monroe County may then issue a notice to proceed that includes the technical assistance
9 requirements, provided by the federal a impacts to avoid possible impacts on federally
avoid possible impacts on federally
10 listed(threatened or endangered) species, as conditions in the Monroe County_permit.
11 d. For a development permit application that requires mitigation and/or compensation for
12 adverse effects to native habitat, monetary compensation generated will be aplied to
13 restoration and/or purchase of native habitat.
14 e. The county shall maintain an aplicant acceptance form, of the service requirements,
15 in the permit file.
16 f. For purposes of this section the notice to proceed shall be written authorization from
17 the Monroe County Growth Management Division to the permittee that the permitted
18 development activities may begin.
19 g. If the parcel is within an area previously covered by a habitat conservation plan, and
20 where that habitat conservation plan has expired at the time of development permit
21 application, the county shall apply the permit referral process in this section, unless
22 mitigation was completed for the associated impacts.
23 h. If the property owner does not agree to the FWS technical assistance requirements to
24 be included in the development permit as conditions, the county shall not issue the
25 notice to proceed and shall rescind the previously issued development permit.
26 i. For properties located in Key Largo wood rat, Key Largo cotton mouse, silver rice rat
27 and Lower Keys marsh rabbit habitat,property owners shall agree to execute and record
28 a covenant restriction in favor of Monroe County which prohibits free ranging cats.
29 This requirement alleviates direct and cumulative loss of species habitat which will not
30 negatively impact the total number of new residential permits that may be issued under
31 Species Assessment Guides (SAGS).
32 (3) Provision for flood hazard reduction and avoidiLg impacts on federally listed(threatened
33 or endangered) species enforcement. All proposed development shall meet the conditions
34 established on the floodplain development permit and/or notice to proceed,which includes
35 FWS technical assistance requirements included as conditions on the Monroe County
36 development permits, to avoid possible impacts on federally-listed species (threatened or
37 endangered)._ Violation of this section, including any development constructed not in
38 accordance with the FWS requirements, included as conditions on the Monroe County
39 development permit, derived through use of the SAGS or through technical assistance by
40 FWS,are hereby deemed to be violations of the County Code and may be enforced utilizing
41 the administrative enforcement procedures set forth in chapter 8, Monroe County Code of
42 Ordinances. Further, section 118-11 shall be utilized to require environmental restoration
43 standards.
44 (4) Permit issuance for previously tolled Rate ofGrowth Ordinance(ROGO)allocations,Non-
45 Residential Rate of Growth Ordinance (NROGO) allocations or building
46 permits/floodplain development
permits. Buildings permits and allocations have been tolled
I under authority of Monroe County Resolutions 420-2005, 166-2006, 185-2007 and 219-
2 2008 and 282-2011 as a result of the injunction prohibiting FEMA from issuing flood
3 insurance policies under the National Flood Insurance Program which was imposed in the
4 case of Florida Key Deer et. al., v. Fugate et. al., 90-10037-CIV-Moore.
5 a. In order for those persons whose allocations or whose building permits were tolled to be
6 eligible for federal flood insurance and meet their obligations under the Federal
7 Endangered_ Species Act, the following_ is required:
8 1. Owners with allocations who do not need coordination with FWS after they are
9 processed through the permit referral process:
10 i. Have 180 days from the date of a county issued written notice to pick up their
11 building permits,
12 ii. Have 300 days from the date of a county issued written notice, if there is a
13 need to redesign an onsite wastewater treatment system, to receive a permit
14 from the department of health(DOH) and pick up their building permits.
15 2. Owners with building permits who do not need coordination with FWS after they
16 are processed through the permit referral process:
17 i. Have 180 days from the date of a county issued written notice,to recommence
18 development and receive a passed inspection, or
19 ii. Have 300 days from the date of a county issued written notice, if there is a
20 need to redesign an onsite wastewater treatment system to receive a permit
21 from the DOH, recommence development and receive a passed inspection.
22 (5) Permit issuance for Annual allocation awards from the Rate of Growth Ordinance
23 - (ROGO), Non-Residential Rate of Growth Ordinance (NROGO) allocations. Permit
24 applications processed through the permit referral process that result in a "may affect
25 determination" for the proposed development through the application of the species
26 assessment guides which require the permittee to coordinate with FWS shall have a total
27 of 360 days from the date of a county issued written notice to conclude the required
28 coordination with FWS and pick up the building permit, and receive a notice to proceed
29 from Monroe County. This timeframe may be extended by the planning director if the
30 applicant can affirmatively demonstrate that he or she has timely and actively sought
31 coordination.
32 (6) Properties for which a permit has been issued and for which development has not
33 commenced will be required to be processed through the permit referral process. Permit
34 reviews that result in a "may affect determination" for the proposed development through
35 the application of the species assessment guides which require the permittee to coordinate
36 with FWS shall have a total of 360 days from the date of a county issued written notice to
37 conclude the required coordination with FWS, commence development and receive a
38 passed inspection from Monroe County. This timeframe may be extended by the planning
39 director if the applicant can affirmatively demonstrate that he has timely and actively
40 sought coordination.
41
42 Sec. 122-13.— Site plans and construction documents.
43 (a)Information for development in flood hazard areas. The site plan or construction documents
44 for any development subject to the requirements of this chapter shall be drawn to scale and
45 shall accurately include, as applicable to the proposed development:
46 (1) Identification and delineation of all flood hazard areas, flood zone(s), base flood
I elevation(s), and ground elevations necessary for the County's review of the proposed
2 development.
3 (2) Where base flood elevations are not included on the FIRM or in the Flood Insurance Study,
4 they shall be established in accordance with section 122-13(b) of this chapter.
5 (3) Where the parcel on which the proposed development will take place will have more than
6 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM
7 or in the Flood Insurance Study, such elevations shall be established in accordance with
8 section 122-13(b)(1) of this chapter.
9 (4) Location of the proposed activity and proposed structures, and locations of existing
10 buildings and structures, locations of new buildings which shall be located landward of the
11 reach of mean hi_h tide.
12 (5) Location, and delineation and description of the extent, amount, and proposed final grades
13 of any filling, grading, or excavation.
14 (6) Where the placement of fill is proposed, description of the amount, type, and source of fill
15 material, compaction specifications, a description of the intended purpose of the fill areas;
16 and competent substantial evidence that the proposed fill areas are the minimum necessary
17 to achieve the intended purpose.
18 (7) Delineation and description of the extent of any proposedalteration of sand dunes, dune
19 ridges, or mangrove stands,provided such alteration is approved by the Florida Department
20 of Environmental Protection.
21 The Floodplain Administrator is authorized to waive the submission of site plans, construction
22 documents, and other data that are required by this chapter but that are not required to be
23 prepared by a registered and/or licensed design professional if it is found that the nature of the
24 proposed development is such that the review of such submissions is not necessary to render a
25 determination of compliance with this chapter.
26 (b) Information in flood hazard areas without base flood elevations (approximate Zone A).
27 Where flood hazard areas are delineated on the FIRM and base flood elevation data have not
28 been provided, the Floodplain Administrator shall:
29 (1) Require the applicant to include accurate base flood elevation data prepared in accordance
30 with currently accepted engineering practices.
31 (2) Where the base flood elevation data are to be used to sUport a Letter of Map Chan_eg from
32 FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed
33 engineer in a format required by FEMA, and that it shall be the responsibility of the
34 applicant to satisfy the submittal requirements and pay the processing fees.
35 (c) Additional analyses and certifications. For activities that propose to alter sand dunes, dune
36 ridges, or mangrove stands in coastal high hazard areas (Zone V) and Coastal A Zone, an
37 engineering _analysis signed and sealed by a qualified Florida licensed engineer signed and sealed by a qualified Florida licensed engineer that
38 demonstrates that the proposed alteration will not increase the potential for flood damage shall
39 be submitted with the site plan and construction documents.
40 (d) Submission of additional data. When additional hydrologic, hydraulic or other engineering
41 data, studies, and additional analyses are submitted to support an application,the applicant has
42 the right to seek a Letter of Map Change from FEMA to change the base flood elevations or
43 change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA
44 for such purposes. The analyses shall be prepared by a qualified Florida licensed engineer in
45 a format required by FEMA. Submittal requirements and processing fees shall be the
46 responsibility of the applicant.
1
2 Sec. 122-14.—Inspections.
3 (a) Inspections required. Development for which a foodplain development order or permit is
4 required shall be subject to county inspection.
5 (b) Development other than buildings and structures. The Floodplain Administrator shall
6 inspect all development to determine or confirm compliance with the requirements of this
7 chapter and the conditions of issued foodplain development orders or permits.
8 (c)Buildings,structures and facilities exempt from the Florida Buildin,-Code. The Floodplain
9 Administrator shall inspect buildings, structures and facilities exempt from the Florida
10 Building Code to determine or confirm compliance with the requirements of this chapter and
11 the conditions of issued foodplain development orders or permits.
12 (d) Buildings, structures and facilities exempt from the Florida Buildin,- Code, lowest floor
13 inspection. Upon placement of the lowest floor, including basement, and prior to further
14 vertical construction, the owner of a building, structure or facility exempt from the Florida
15 Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
16 (1) If a design flood elevation was used to determine the required elevation of the lowest floor,
17 the FEMA Elevation Certificate prepared and sealed by a Florida licensed professional
18 surveyor, or
19 (2) If the elevation used to determine the required elevation of the lowest floor was determined
20 in accordance with section 122-13(b) of this chapter,the accurate documentation of height
21 of the lowest floor above highest adjacent grade, prepared by the owner or the owner's
22 authorized agent.
23 (e) Buildings, structures and facilities exempt from the Florida Buildin,- Code, final
24 inspection. As part of the final inspection, the owner or the owner's authorized agent shall
25 submit to the Floodplain Administrator a final FEMA Elevation Certificate of the lowest floor
26 or final documentation of the height of the lowest floor above the highest adjacent grade, such
27 certifications and documentations shall be prepared as specified in section 122-14(d) of this
28 chapter.
29 (f) Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that
30 are installed or replaced in flood hazard areas to determine or confirm compliance with the
31 requirements of this chapter and the conditions of the issued permit. Upon placement of a
32 manufactured home, certification of the elevation of the lowest floor shall be submitted to the
33 Floodplain Administrator.
34
35 Sec. 122-15. — Required Inspections of Enclosed Areas Below Elevated Residential
36 Structures.
37 (a) Applicability. Prior to the transfer of ownership of any property occupied by an elevated
38 residential structure with a below base flood enclosed area for which construction of the
39 enclosed commenced on or after June 15, 1973, a county approved inspection of the below
40 base flood enclosure shall be conducted. No earlier than 180 days prior to the transfer of the
41 property, the seller or the prospective purchaser, with the seller's permission, shall have the
42 required inspection conducted. The intent of this inspection, which is strictly limited to
43 inspection of below base flood enclosures, is to identify for county records and purchasers any
44 nonconformities or illegal structures or uses.
45 (b) Inspections. Upon inspection request, the inspection required under this section shall be
46 conducted by an inspector from the Building Department. Fees for inspections conducted by
I the Building Department shall be in accordance with the schedule established by resolution of
2 the BOCC for inspections conducted under the county's flood insurance inspection and
3 compliance program.
4 (c) Inspection procedures and forms. All inspections required under this section shall be
5 conducted in accordance with procedures and recorded on county forms approved by the
6 Floodplain Administrator.
7 (d) Inspection submittal requirements. The original inspection report, signed by the county
8 inspector, shall be maintained by the Building Department and a copy shall be submitted to the
9 seller, who has contacted the County, as provided above, and the purchaser, provided that the
10 purchaser has contacted the County as provided above no later than ten days prior to the closing
11 date for transfer of the subject property.
12 (e) Failure to comply with inspection submittal requirements. Should the inspection required
13 by this section not be completed, the seller and purchaser, if known, will be notified that the
14 structure is in violation of this section. The purchaser and his or her successors and assigns
15 may enforce the terms of this section in law or at equity. The purchaser may seek injunctive
16 relief against the seller in a court of competent jurisdiction to prevent a violation of or otherwise
17 in connection with a violation of this section. Attorney's fees and costs incurred in an action to
18 enforce these regulations may be awarded to a substantially_prevailing party at the discretion
19 of the court. A purchaser may seek and the court may award treble damages as an aggrieved
20 party. The sole intent of this inspection is to provide information for recording and monitoring
21 improvements to below base flood enclosures subject to the county's floodplain regulations
22 and in accordance with Monroe County Board of County Commission Resolution 440-2011,
23 which does not require that the property be brought into compliance prior to or subsequent to
24 transfer. The purpose of this inspection is not to identify other types of unpermitted
25 improvements that are unrelated to the floodplain regulations in this chapter.
26 (f) Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted
27 improvements under the Pilot Inspection Program (under previous 44 CFR 59.30, repealed on
28 July 5, 2018 -FEMA terminated this program on June 28, 2013).
29 (g) If the results of the inspection identify illegal_ unpermitted improvements, the requirements of
30 the Florida Building Code applicable to enclosed areas below elevated buildings shall apply
31 when a building permitis sou _ght by an aby an a plicant.
32
33 Sec. 122-16.—Floodplain Certificate of Compliance Program.
34 (a) Generally. Any property owner is eligible to obtain a certificate of compliance if they have
35 obtained an inspection of an enclosure below base flood elevation by one of the following_
36 (1)FEMA Insurance Inspection Program, or
37 (2) Inspection at time of sale, or
38 (3) Voluntary inspection.
39 The below base flood enclosure must have been found in compliance with the Monroe
40 County floodplain regulations by Monroe County staff. Prior to obtaining the certificate,
41 the owner must record a nonconversion agreement in the Monroe County official land
42 records on a form to be provided by the county and approved by the Floodplain
43 Administrator. Properties that have received their inspections prior to implementation of
44 the certificate of compliance program may receive a certificate of compliance, however, a
45 re-inspection (with no fee) shall be necessary to ensure compliance has been maintained
I and the owner must also record the nonconversion agreement, which must be recorded in
2 the Official Records of Monroe County.
3 (b) Outreach. Every two (2) years, the county will mail written notices to property owners, of
4 which the county is aware own a building or structure with below base flood elevation living
5 areas as follows:
6 (1)The county will obtain data from the Monroe County Property Appraiser Office which will
7 identify all single-family residences which contain enclosures that are identified as living
8 area on the ground floor. Once this data is captured, county technical staff will deduct all
9 the parcels that have already received inspections through the FEMA Insurance Inspection
10 Pilot Program, transfer of ownership program, or through the previously aplicable
11 inspection on buildingzpermit program, and been made compliant.
12 (2) The remaining property owners will be notified by regular mail that in order to receive a
13 certificate of compliance, a county inspection is required of any below base flood elevation
14 structures, to verify compliance with the Monroe County floodplain regulations. Owners
15 will also be notified that noncompliant structures may be subject to code compliance
16 proceedings.
17 (3) If owners seek and obtain a certificate of compliance inspection, and the below base flood
18 enclosures are determined by the county to be compliant, the owners will receive a
19 certificate of compliance as outlined in this section. This is a proactive opportunity for
20 property owners to receive evidence that they have a compliant structure which should,
21 long term, create a positive real property market condition. If an owner has a noncompliant
22 structure, he or she will be notified of all the required corrective actions necessary for the
23 enclosure to become compliant and that county permits or approvals are required to
24 authorize lawful construction and/or development.
25 (c) Inspections. Inspections may be requested for a certificate of compliance according to this
26 section or Section 122-15 for Required Inspections of Residential Structures prior to transfer
27 of ownership.
28 (d)Compliant structures. The county will provide a certificate of compliance to property owners
29 with compliant below base flood enclosures after such property owners sign and record a
30 nonconversion agreement (with a corresponding drawing or site plan demonstrating the
31 permitted improvements allowed below base flood elevation attached to the agreement)in the
32 Official Records of Monroe County. The nonconversion agreement shall be recorded in the
33 Monroe in the Official Records of Monroe County so that future purchasers of properties
34 understand what has been aproved by the county for areas below base flood elevation.
35 Property owners shall pay applicable recording fees.
ees.
36 (e) Noncompliant structures. The County Building Official shall refer any noncompliant
37 structures to the Code Compliance Department for enforcement throughappropriate
a propriate
38 processes. Once compliance is achieved, if the below base flood enclosure has not been
39 completely removed, a Nonconversion Agreement executed by the owner shall be recorded
40 in the Official Records of Monroe County.
41 (f) New construction. Owners of New construction that contains any type of below base flood
42 enclosure, will be required to record a Nonconversion Agreement in the Official Records of
43 Monroe County indicating the he square footage permitted to be constructed below base flood
44 elevations, with an accurate corresponding drawing or site plan showing/demonstrating the
45 permitted improvements permitted, prior to receiving a certificate of occupancy_
46
I Sec. 122-17. -Variances.
2 (a) Authority. The Division of Administrative Hearings (DOAH) shall hear and decide on
3 requests for variances from the application of the allegedlythis strict letter of this chapstrict letter of this chapter.Pursuant
4 to Section 553.73(5), F.S.,the DOAH shall hear and decide on requests for variances from the
5 application of the allegedlyresistant strict letter of the flood resistant construction letter of the flood resistant construction requirements of the
6 Florida Building Code. DOAH shall also hear and decide on requests for variances for at-grade
7 wet floodproofed accessory structures in A/AE Zones that are larger than 600 sq. ft. but not
8 larger than 1,000 sq. ft. in size.
9 (b) Variance procedures.
10 (1) An aplication for a variance from the provisions of this chapter for development in an
11 area of special flood hazard shall be filed with the Building Department at the time of
12 application for a building permit or foodplain development permit/order which seeks
13 approval of development that is not authorized under the allegedly strict letter of this
14 chapter or flood-resistant construction requirements of the Florida Building Code.
15 (2) Within ten (10) days of receipt of a complete and properly and timely filed application for
16 a variance from the allegedly strict letter of this chapter or of the flood-resistant
17 construction requirements of the Florida Building Code,the Floodplain Administrator and
18 the Building Official shall review the aplication, and submit a Report and
19 Recommendation to the DOAH. The variance applicant may file a written objection to the
20 Report and Recommendation within 30 calendar days of the date of filing of the Report
21 and Recommendation.
22 (3) The DOAH shall review the aplication and the Reports and Recommendations of the
23 Floodplain Administrator and the Building Official and may consider _granting the
24 application for variance in accordance with this section.
25 (4) In resolving a variance application under this section, county Building, Planning and
26 Environmental Resources, and Code Compliance department administrative staff
27 interpretations of the Monroe County Codes, of the Florida Building Code, and of
28 applicable federal laws, rules, and regulations, are leery entitled to deference and _great
29 weight, and such administrative interpretations should notbe modified or overturned unless
30 clearly erroneous. If such administrative staff interpretation is within the range of possible
31 and reasonable interpretations, it is not clearly erroneous and should be affirmed.
32 (c) Limitations on authority to grant variances.
33 (1) The DOAH shall base its decisions on variances on technical justifications submitted by
34 applicants, the considerations for issuance in section 122-17(e) of this chapter, the
35 conditions of issuance set forth in section 122-17(g) of this chapter, and the Reports and
36 Recommendations of the Floodplain Administrator and the Building Official. Variances
37 for accessory structures in A/AE Zones shall be subject to the conditions in section 112-
38 17 .
39 (2)When the DOAH considers the propriety of granting_ a variance,the following factors shall
40 not be considered material or relevant to the hearing officer's decision:
41 a. The physical disabilities or handicaps and health of the applicant or members of his
42 family,
43 b. The domestic difficulties of the applicant or members of his or her family,
44 c. The financial difficulty of the aplicant in complying with the Foodplain management
45 provisions of this chapter or the Florida Building Code,
46 d. The elevation of surrounding structures or buildings,
I e. The alleged difficulty of marketing, advertising, or selling the property, building, or
2 structure,
3 f. Any alleged difficulty related to a codified law, rule, regulation, or matter of record,
4 which the applicant or members of his or her family, which he, she, or they were on
5 actual or constructive notice of prior to acquiring _the propertythe property, and could therefore have
6 been avoided, or which may be characterized as a self-created hardship, or
7 g. Non-unique or non-peculiar characteristics of the applicant's property, building, or
8 structure.
9 (3) The DOAH has the right to attach such conditions as it deems necessary to further the
10 purposes, intent, goals, and objectives of this chapter.
11 (d) Functionally dependent uses. A variance is authorized to be issued for the construction or
12 substantial improvement necessary for the conduct of a functionally dependent use, as defined
13 in this chapter, provided the variance is the minimum necessary considering the flood hazard
14 and all due consideration has been given to use of methods and materials that minimize flood
15 damage during occurrence of the base flood.
16 (e) Considerations for issuance of variances. In reviewing requests for variances, the DOAH
17 shall consider all technical evaluations, all relevant factors, all other applicable provisions of
18 the Florida BuildiLg Code, this chapter, and the following_
19 (1) The danger that materials and/or debris may be swept onto other lands resulting in
20 additional or further injury, harm or damage,
21 (2) The danger to life and/or property due to flooding or erosion damage,
22 (3) The susceptibility of the proposed development, including foreseeable contents thereof, to
23 flood injuries, harm, or damage and their effects on current and future owners or
24 occupants;
25 (4) The importance of the services provided by the proposed development to the community;
26 (5) The availability of alternate locations for the proposed development that are either not
27 subject to flooding or erosion damage, for the proposed use, and the availability of
28 alternate locations for the proposed development which are subject to lower risk of
29 flooding or erosion,
30 (6) The compatibility of the proposed development with existing and anticipated development,
31 public services, and infrastructure,
32 (7) The relationship of the proposed development to the comprehensive plan and floodplain
33 management program for the area,
34 (8) The safety of access to the property in times of flooding for ordinary and emergency and
35 first-responder vehicles,
36 (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
37 the floodwaters and the effects of wave action, if applicable, expected at the site,
38 (10)The costs of providing governmental services during and after flood conditions, including
39 but limited to, debris removal and maintenance and repair of public utilities and facilities
40 such as (including but limited to) sewer, gas, electrical and water systems, streets and
41 bridges
42 (11)Whether granting the variance will result in increased public expenses, create a threat to
43 public health and safety, create a public nuisance, or cause fraud or victimization of the
44 public, and
45 (12)Whether _granting the variance will grant the applicant a special privilege denied to another
46 property owner.
I (f) Conditions for issuance of a variance for accessory structures in A/AE Zones. Variances
2 shall be issued only upon:
3 (1) Submission by the applicant, providing _a legally leery sufficient description of the exceptional
4 hardship that the applicant would incur if a variance were not granted,
5 (2) Determination by the DOAH that the structure meets the definition of accessory structure,
6 for floodplain management purposes, and is used only for parking or storage and:
7 a. The request is for the construction or substantial improvement of an at-grade wet
8 floodproofed accessory structures that is larger than 600 sq. ft. but not larger than
9 1,000 sq. ft. in size.
10 b. Represents minimal investment and has low damage potential.
11 c. Are one story and have flood openings in accordance with Section R322.2 of the
12 Florida Building Code, Residential.
13 d. Are anchored to resist flotation, collapse or lateral movement resulting from flood
14 loads.
15 e. Have flood damage-resistant materials used below the base flood elevation plus one
16 1 foot.
17 f. Have mechanical, plumbing and electrical systems, including�plumbing fixtures,
18 elevated to or above the base flood elevation plus one (1) foot.
19 (2) Conditions for issuance of other variances. Variances shall be issued only upon:
20 (1) Submission by the applicant, of a showing of legally sufficient good cause that the unique
21 characteristics of the size, configuration, or topography of the site limit compliance with
22 any provision of this chapter or the required elevation standards,
23 (2) Determination by the DOAH that:
24 a. Failure to grant the requested variance would result in exceptional non-self-imposed
25 hardship due to the physical characteristics of the land that render the lot
26 undevelopable, increased costs to satisfy the requirements or inconvenience do not
27 constitute hardship,
28 b. The granting anting of a variance will not result in increased flood heights, additional threats
29 to public safety, extraordinary public expense, nor create nuisances, cause fraud on
30 or victimization of the public or conflict with existing local laws and ordinances,
31 c. The variance is the minimum necessary,considering the flood hazard,to afford relief,
32 d. The granting of the requested variance will not result in worsening the expected
33 heights, velocity, duration, rate of rise, and debris and sediment transport of the
34 floodwaters and the effects of wave action, if applicable, expected at the site,
35 e. The granting anting of the requested variance will not result in increased risk of dangers
36 enumerated under Section 122-17(e)(1)-(3),
37 f. The granting anting of the requested variance will not result in increased risk of injuries,
38 harm, or damage enumerated under Section 122-17(e)(8)-(11),
39 g. The _granting of the requested variance will not result in increased public expenses,
40 create a threat to public health and safety, create a public nuisance, or cause fraud or
41 victimization of the public,
42 h. The granting of the requested variance will not adversely affect the public service,
43 infrastructure, and public policy considerations enumerated under Section 122-
44 17e 6 .
45 (3) Receipt of a sworn or attested and notarized statement by the applicant that the variance, if
46 granted, shall be recorded in the Office of the Monroe County Clerk of the Court in such a
I manner that it wears in the chain of title of the affected parcel of land; and
2 (4) If the request is for a variance to allow construction of the lowest floor of a new building
3 or substantial improvement of a building,below the required elevation,a copy in the record
4 of a written notice from the Floodplain Administrator to the applicant for the variance,
5 specifying the difference between the base flood elevation and the proposed elevation of
6 the lowest floor, stating that the cost of federal flood insurance will be commensurate with
7 the increased risk resulting from the reduced floor elevation (up to amounts as high as $25
8 for $100 of insurance coverage), and stating that construction below the base flood
9 elevation increases risks to life and property_
10 (g)Appeal. An meal of a variance determination may be submitted pursuant to Section 122-19.
11 The failure to timely and properly file an meal under this section shall constitute an
12 irrevocable jurisdictional waiver of any rights to seek such a variance, for failure to exhaust
13 available administrative remedies.
14
15 Sec. 122-19.—Appeals.
16 (a) Authority. The Division of Administrative Hearings (DOAH) shall have the authority to hear
17 and decide meals from final administrative actions regarding the floodplain management
18 provisions of this Land Development Code and the Florida BuildiLg Code. The BOCC retains
19 the authority to, in its exclusive discretion, appoint a hearing officer who does not work for
20 DOAH.
21 (b) Standard of Review. An meal under this section shall be considered an meal to an
22 administrative tribunal and shall not be a hearing de novo but shall be limited to appellate
23 review of the record created before the Building Official in his or her capacity as the Monroe
24 County Floodplain Administrator and as more fully set forth at subsection(e)(2)of this section.
25 The appellant shall be required to demonstrate that the Building Official's final administrative
26 decision is clearly erroneous, based upon clearly convincing record evidence (i.e., clear and
27 convincing standard of review). In resolving _an meal under this section, Monroe County
28 Building, Planning and Environmental Resources, and Code Compliance Department staff
29 interpretations of the Monroe County Comprehensive Plan, Monroe County ordinances,
30 resolutions, and of the Monroe County Code(s), are leery entitled to deference, and shall not
31 be overturned as long as said interpretation or application is in the range of permissible
32 interpretations or applications.
33 (c) Initiation. A notice of meal (appeal) may be initiated by a real property owner who has
34 received a final, written administrative decision from the Monroe County Building Official in
35 his or her capacity as the Monroe County Floodplain Administrator re_arding the floodplain
36 management provisions of this Land Development Code, or by a non-governmental natural or
37 legalperson who as a result of a final administrative decision of the Monroe County Building
38 Official in his or her capacity as the Monroe County Floodplain Administrator regarding the
39 floodplain management provisions of this Land Development Code has suffered or will
40 resultantly suffer a special injury differing in kind from that suffered by the community at
41 large. For justiciability or standing purposes, the only interests covered by special injuries
42 under this section are interests expressly protectedby the Monroe County Comprehensive Plan
43 or health and safety interests. It shall be leery insufficient for justiciability or standing
44 purposes for an appellant to allege a special injury that is only different in degree from the
45 community at large and that is not different in kind from the community at large. Further, for
46 justiciability or standing purposes, an alleged special injury must exceed in degree the general
I interest in a community good. For example, take the following two non-exhaustive scenarios:
2 A party's claim that a decision regarding the floodplain management provisions of this Code
3 adversely affects his, her, or its interest in preserving prope!U value(s) shall not be justiciable,
4 and a party's claim that a decision regarding the floodplain management provisions of this
5 Code adversely affects his, her, or its interest in environmental or natural resource protection
6 shall not be justiciable.
7 (d) Procedures. A notice of meal in the form prescribed and approved by the Building Official
8 and Floodplain Administrator must be filed with both the County Administrator and with the
9 Building Department within 30 calendar days of the final administrative action. Failure to file
10 such meal with both the County Administrator and the Building Department within 30
11 calendar days of the final administrative action shall constitute a waiver of any rights under
12 this section to meal final administrative actions regarding the floodplain management
13 provisions of this Land Development Code. Such waiver shall also constitute a waiver of any
14 rights to meal a separate but related decision of the Building Official or Planning Director on
15 the basis of the Building Official's separate but related final administrative decision that was
16 never properly and timely appealed under this section.
17 (1) The notice of meal must be notarized and must include the names and addresses of the
18 Upellant(s), development permit Uplicant(s) forming a party to the meal, the number
19 associated with each development permit formin _g a subject of the apa subject of the meal, and the names
20 of all owners of real property located adjacent or contiguous to the parcel of real property
21 to which the appealed final administrative decision principally relates.
22 (2) Upon receipt of a notice of meal, the County shall deem it complete, and properly and
23 timely filed, or shall deem it improperly or untimely filed, or incomplete. The County shall
24 within 15 working days notify an Appellant if its notice of meal is untimely or improperly
25 filed or is incomplete. No further action shall be taken on the notice of meal application
26 unless the deficiencies are remedied. An untimely, improperly filed, or incomplete notice
27 of meal shall not constitute a valid, leery effective, or leery cognizable notice of
28 appeal under this section, and in no event shall the 30-day jurisdictional period to file a
29 notice of meal under this section be tolled during any period in which a notice of meal
30 has been deemed improperly filed or incomplete. Any days following the issuance of the
31 final administrative decision and the filing of a notice of meal that the County later
32 notifies the applicant is incomplete or improperly filed, shall be subtracted from the 30-
33 day period by which an appellant must file a complete notice of meal. For example, take
34 the following non-exhaustive scenario: The final administrative decision is issued on
35 Wednesday, January lst, 2020, the appellant files an incomplete notice of meal on
36 Wednesday, January 22nd, 2020, and the County notifies the appellant that the notice of
37 appeal is incomplete on Monday,January 27th,2020. Between January 1 sf and January 22na
38 the appellant has consumed 21 of its 30 calendar days to file a timely and complete notice
39 of meal, the days required by the County to notify the appellant of the notice of meal's
40 incompleteness shall not be counted against the 30-day period by which the appellant must
41 properly file a complete notice of meal. As of January 27th the date of the County's
42 notification to the appellant that the notice of meal is incomplete)the appellant shall have
43 nine days remaining(until February 5th, 2020)to properly file a complete notice of meal.
44 If the appellant does not properly file a complete notice of meal by February 5th, it would
45 constitute a waiver of any rights to meal under this section.
1 (3) If the County determines the notice of meal is complete, and properly and timely filed, it
2 shall notify the appellant(s), and, at the appellant's expense, notify the development permit
3 applicant's) and the owners of real property located adjacent and contiguous to the parcel
4 of real property to which the challenged administrative decision principally relates. Once
5 the County determines that a notice of meal has been properly and timely filed, and is
6 complete,the County shall refer the meal to DOAH with a request that an administrative
7 law judge "hearing officer") be assigned to conduct an meal hearing. The request shall
8 be accompanied by a copy of the petition and a copy of the notice of County action. The
9 notice of meal will be forwarded to the BOCC.
10 (e) Effect of filing an appeal.
11 (1) Stay. The filing of a notice of meal shall stay all permit activity and any proceedings in
12 furtherance of the administrative decision appealed unless the Building Official certifies in
13 writing to the assigned hearing officer, with a copy to the appellants) and development
14 applicant's)forming a party to the meal,that a stay poses an imminent peril to life, safety,
15 health or property, in which case the meal shall not stay further permit activity or
16 proceedings in furtherance of the administrative decision appealed. The hearing officer
17 may, upon proper and timely motion, review such certification.
18 (2) The Record. The appellant's, and the appellant-as-applicant's, record shall close upon the
19 date of the final administrative decision from the Building Official in his or her capacity as
20 the Monroe County Floodplain Administrator. The County shall have 70 calendar days
21 from the date the appellant's notice of meal is deemed properly and timely filed,
22 completed, and complete, in which to serve all parties and file with DOAH all staff reports
23 and materials the final administrative decision relies upon.
24 (f) Briefs. Briefs shall be typed or printed pursuant to the same rules for appellate briefs set forth
25 in the Florida Rules of Appellate Procedure. The Appellant(s)Initial Brief shall be served upon
26 the attorney of record for Monroe County and filed with DOAH within 30 calendar days of
27 notification of acceptance of such notarized notice of meal. The Answer Brief shall be served
28 upon Appellant(s) and filed with DOAH within 30 calendar days of the filing and service of
29 the Initial Brief. A Reply Brief must be served upon the attorney of record for Monroe County
30 and filed with DOAH within 15 days of the filing and service of the Answer Brief.
31 (1)All filed briefs shall contain the followin&.
32 a. The style of the meal;
33 b. The case number, if any,
34 c. The name of the party on whose behalf the brief is filed,
35 d. The name, address, e-mail address, and telephone number of the person filing the
36 brief;
37 e. The electronic or non-electronic signature of the person filing the brief, and
38 f. A certificate of service that copies have been furnished to all other parties to the
39 appeal.
40 (2)All initial briefs shall contain the following
41 a. A statement of all disputed issues of material fact. If there are none, the initial brief
42 must so indicate,
43 b. A concise statement of the ultimate facts alleged, including the specific facts the
44 appellant contends warrant reversal of the Building Official's final administrative
45 action, and
46 c. An exhaustive statement of all specific local Code sections, ordinances, state statutes,
I or administrative rules the appellant contends require reversal of the Building
2 Official's final administrative action, including an explanation of how the alleged
3 facts relate to said Code sections, ordinances, state statutes, or administrative rules.
4 (g)Judicial Notice. A hearing officer shall take judicial notice of any matter set forth below when
5 a party properly motions for it and gives each adverse party timely written notice of the request,
6 proof of which is filed with the hearing officer, to enable the adverse party to prepare to meet
7 the request and furnishes the court with sufficient information to enable it to take judicial notice
8 of the matter.
9 (1) Specifically identified(by pinpoint citation)duly enacted ordinances and resolutions of the
10 Monroe County Board of County Commissioners.
11 (2) Specifically identified (by pinpoint citation) provisions of the Monroe County Code of
12 Ordinances and Monroe County Land Development Code.
13 (3) Specifically identified (by pinpoint citation) objectives, policies, and provisions of the
14 Monroe County Comprehensive Plan.
15 (4) Specifically identified (by pinpoint citation) rovisions in the Florida Building Code.
16 (5) Specifically identified (by pinpoint citation) public statutory law and resolutions of the
17 Florida Legislature and the Congress of the United States.
18 (6) Specifically identified legislative staff reports and legislative materials prepared in
19 connection with slip laws corresponding _to public statutoryto public statutory law of the Florida Legislature
20 and the Congress of the United States.
21 (7) Specifically identified (by pinpoint citation) rules or regulations in the Code of Federal
22 Regulations.
23 (8) Specifically identified (by pinpoint citation) rules or regulations in the Florida
24 Administrative Code.
25 Pursuant to the same requirements set forth in this subsection, a hearing officer may take
26 judicial notice of the following matters: Facts that are not subject to dispute because they are
27 capable of accurate and ready determination by resort to sources whose accuracy cannot be
28 questioned.
29 (h)Computing Time. In computing the jurisdictional period of time an appellant must file a notice
30 of meal under subsection(c)of this section,the day the final administrative decision is issued
31 shall be included. In computing any other period of time under this section, the day of the act
32 from which the period of time begins to run shall not be included. The last day of the period
33 shall be included unless it is a Saturday, Sunday, or legal holiday as that term is defined at
34 Florida Rule of Judicial Administration 2.514(a)(6), in which event the period continues to run
35 until the next day that is not a Saturday, Sunday, or legal holiday as that term is defined at
36 Florida Rule of Judicial Administration 2.514(a)(6).
37 (i) Service and Hearing. The hearing officer shall set the time and place for the meal hearing
38 and shall serve written notice on all parties at their electronic address of record. If an
39 unrepresented party has no electronic address of record, such written notice shall be sent to the
40 pagy's street address of record. The hearing officer before whom an appeal is pending may
41 issue any orders necessary to prevent delay, and to promote the just, speedy, and inexpensive
42 determination of all aspects of the meal.
43 (i) Post-Hearing Submittals. Upon request of the hearing officer, parties may submit written
44 proposed final orders within a time designated by the hearing officer
45 (k) Discovery. No discovery shall be taken in an meal under this section. No subpoenas may be
46 issued for documents or witnesses under this section. No testimony shall be taken in an meal
I under this section. An argument, issue, or ground for relief not raised in an initial brief is
2 deemed abandoned and waived and may not be raised for the first time in a reply brief.
3
4 Sec. 122-20.—Violations.
5 (a)Violations. Any development that is not within the scope of the Florida Building Code but that
6 is regulated by this chapter which is performed without an issued Count permit, that is non-
7 compliant or in conflict with an issued permit, or that does not strictly and fully comply with
8 this chapter, constitutes a violation of this chapter. A building or structure without competent
9 documentation of the elevation of the lowest floor (FEMA Elevation Certificate), other
10 required design certifications, or other competent substantial evidence of compliance required
11 by this chapter or the Florida Building Code constitutes a violation thereof until such time as
12 that documentation is provided. It being that violation of this chapter providing for floodplain
13 regulations presents a serious threat to the public health, safety, and welfare, a violation of this
14 chapter is and shall be held to be irreparable or irreversible in nature.
15 (b)Authority. For development that is not within the scope of the Florida Building Code but that
16 is regulated by this chapter and which is determined to be a violation of this chapter, the
17 Floodplain Administrator or his or her designee(s) is authorized to serve notices of violation,
18 notices of hearing, cease and desist orders, or stop work orders to persons including but not
19 limited to the owners of the property involved, to the property owner's agent, to tenants,
20 residents, or guests at the property involved, or to the person or persons performing or
21 facilitating the performance of the work. The Floodplain Administrator or his or her
22 designee(s) is also authorized to serve citations for violations of this chapter, which shall be
23 disposed of in county court. Service under this subsection may be accomplished by hand-
24 delivery or attempted mailing (regular, certified, or registered), or by a method authorized
25 under Section 8-34 of the Monroe County Code of Ordinances or Section 162.12, Florida
26 Statutes.
27 (c) Continuing Violations. Any person who continues any work on or use of a property,building_,
28 or structure, after having been served with a stop work order or cease and desist order ordering
29 that such work or use must stop or cease and desist, except such work as that person is directed
30 to lawfully perform to remove or remedy a violation or unsafe condition, shall be subject to
31 any and all penalties prescribed by law. If any person or entity is found by an administrative
32 hearing officer, the contractors examining board, or a court of competent jurisdiction, to have
33 violated this chapter by continuing _to perform such work subsequent to the issuance of a stoto perform such work subsequent to the issuance of a stow
34 work order (red tag), the contractors examining board may take such action as it deems
35 necessary and proper to cease such activity, including but not limited to suspension of the
36 permit pulling=privileges of any contractor performing such work. Any person who continues
37 any work on or use of a property, building, or structure after having been served with a notice
38 of hearing or notice of violation which includes a notice that it must be complied with by a
39 specified date and that a fine or other penalties may be imposed, except such work as that
40 person is directed to perform to remove or remedy a violation or unsafe condition, shall be
41 subject to penalties as prescribed by law. A final administrative order finding that a person
42 has violated a cease and desist order previously issued by an administrative tribunal shall
43 constitute prima facie evidence that the County has satisfactorily demonstrated a likelihood of
44 irreparable harm, the unavailability of an adequate remedy at law, a substantial likelihood of
45 success on the merits of the claim at issue in connection with the violation(s) for which the
46 cease and desist order was issued by said tribunal, and consideration(s) of the public interest.
I A final administrative order finding that a person has violated a cease and desist order
2 previously issued by an administrative tribunal shall constitute prima facie evidence of indirect
3 contempt cognizable and enforceable by a court of competent jurisdiction, including but not
4 limited to by sanctions and contempt order.
5 (d)Joint and Several Liability.All owners,part owners,joint owners,tenants in common,tenants
6 in partnership, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and
7 holders of legal or beneficial title to or interest in aparcel of real property,building,or structure
8 held in violation of this chapter, shall be jointly and severally liable with respect to any legal
9 or equitable relief or judgment obtained by the county_
10 (e) Injunctive Relief. The county attorney is authorized to seek affirmative or negative injunctive
11 relief authorizing or commanding _compliance with this chapter through, including compliance with this chapter through, including but not
12 limited to, cessation of a use, or removal of a building or structure or a part or portion thereof,
13 by motion for emergency, _preliminary, or permanent injunction, including bypreliminary, or permanent injunction, including by ex parte motion,
14 or other forms of equitable relief, from a court of competent jurisdiction, upon presentation of
15 prima facie evidence of a violation of this chapter to such court.
16 (f) Criminal Remedy. Prosecution of violations of this chapter may be prosecuted in the name of
17 the State of Florida by the prosecuting attorney thereof as more fully set forth in Section
18 125.69(1),Florida Statutes.Any person found guilty of violating this chapter may be sentenced
19 to M to sixty(60)days in jail or fined in an amount of M to $500.00 or be subject to both such
20 imprisonment and fines.
21
22 Sec. 122-21.—Flood Hazard Warning. All agreements for deed,purchase agreements, leases, or
23 other contracts for sale or exchange or transfer of parcels/lots within special flood hazard areas in
24 the unincorporated areas of the county shall carry the following flood hazard warningprominently
25 displayed on such instrument, in at least 12-point boldfaced and regular-faced font and all-caps
26 and lowercase type as follows:
27
28 "FLOOD HAZARD WARNING
29 This property may be subject to flooding. You should contact the county growth
30 management division and obtain the latest information regarding_ flood elevations
31 and restrictions on development before acquiring and making use of this property."
32
33 Sec. 122-22— 122-24.—Reserved.
34
35 ARTICLE III.—FLOOD RESISTANT DEVELOPMENT
36
37 Sec. 122-25.—Buildings and Structures.
38 (a) Design and construction of buildings, structures and facilities exempt from the Florida
39 Building Code. Pursuant to section 122-11(c) of this chapter,buildings, structures, and facilities
40 that are exempt from the Florida Building Code, including substantial improvement or repair of
41 substantial damage of such buildings,structures and facilities,shall be designed and constructed in
42 accordance with the flood load and flood resistant construction requirements of ASCE 24.
43 Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
44 comply with the requirements of section 122-31 of this chapter.
45 (b) Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated
46 buildings shall comply with all the aplicable requirements of the Florida Building Code and
I the following:
2 (1) Enclosed areas below new and substantially improved one- and two-family dwellings, and
3 below lateral additions to one- and two-family dwellings:
4 a. In Zone A/AE flood hazard areas, not more than 299 square feet may be permitted
5 to be enclosed by walls of opaque materials, except for perimeter foundations
6 (crawl/underfloor spaces that have a wall height less than 5 feet). Additional area
7 may be enclosed with screening _or open lattice. The size limitation shall not apply
open lattice. The size limitation shall not y
8 to areas enclosed for parking of aircraft below residential buildings abutting airport
9 districts.
10 b. In coastal high hazard areas (Zone V) and Coastal A Zones, not more than 299
11 square feet may be permitted to be enclosed by walls of screening or open lattice.
12 (2) Nonconforming enclosed areas of 299 square feet or more below one- and two-family
13 dwellings lawfully established and lawfully existing as of April 12, 2004, shall not be
14 modified, improved, or expanded unless the enclosed areas are brought into compliance
15 with the Florida Building Code, Residential Section R322 and this section.
16 (3) Enclosed areas below other new and substantially improved buildings and structures shall
17 comply with the requirements of Florida Building Code, Building and ASCE 24.
18 (4) Applications that include enclosed areas below elevated buildings shall include a
19 Nonconversion Agreement as specified in section 122-11(i) of this chapter.
20 (c) Minimum Foundation Requirements for buildings and structures within the scope of the
21 Florida Building Code. Pursuant to the Florida Building Code, and Sections 6-147 and 6-148 of
22 the Monroe County Code of Ordinances,the design of the foundation system for buildings within
23 the scope of the Florida Building Code shall be provided by a Geotechnical Engineer registered in
24 the State of Florida in a site-specific geotechnical report submitted per requirements of Section
25 1803.6 of the Florida Building Code. The foundation design shall be the more stringent of
26 recommendations of the report and meet the following minimum requirements:
27 (1) All structures or building foundations shall be anchored/socketed into natural rock. This
28 includes,but is not limited to, auger cast concrete piles,precast concrete piles or wooden piles.
29 (2) All concrete piling shall have full depth reinforcing to effectively resist the internal forces
30 induced by the design loads,without failure.
31 (3) All piling shall be anchored to the natural rock with a 14-inch minimum diameter augured
32 socket and a minimum embedment of 3 feet.
33 (4) The pile foundation suport system shall be designed to resist the required lateral loading for
34 an unsupported height defined by a full scour condition. The construction documents shall
35 include a statement that the design has been completed and certified for a full scour condition
36 for lateral stability to the elevation of the suporting rock and in accordance with ASCE 24.
37 (5)Pile embedment shall include consideration of decreased resistance capacity caused by scour
38 of soil strata surrounding the piling and have adequate rock penetration to resist the combined
39 wave and wind loads (lateral and uplift).
40 (d)At-trade residential detached accessory structures. At-grade detached accessory structures
41 are permitted provided the accessory structures are used only for parking or storage and:
42 (1) If located in special flood hazard areas (Zone A/AE), other than coastal high hazard areas,
43 are one-story and not larger than 600 sq. ft. and have flood openings in accordance with
44 Section R322.2 of the Florida Building Code, Residential.
45 a. A variance, in accordance with Section 122-17, may be authorized for the
46 construction or substantial improvement of at-grade detached accessory structures
I larger than the size limits specified in subsection (1) but not larger than 1,000 sq.
2 ft. in size.
3 (2) If located in coastal high hazard areas (Zone VNE and Coastal A Zones), are not located
4 below elevated buildings and are not larger than 100 sq. ft.
5 (3)Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
6 (4) Have flood damage-resistant materials used below the base flood elevation plus one (1)
7 foot.
8 (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
9 to or above the base flood elevation plus one (1) foot.
10 (6) Applications for detached accessory structures shall include a Nonconversion Agreement
11 as specified in section 122-11(i) of this chapter.
12 (e) Nonresidential detached accessory structures. In all flood hazard areas, nonresidential
13 detached accessory structures shall comply with the requirements of Florida Building Code,
14 Building and ASCE 24, including, but not limited to, elevation or dry floodproofing
15 requirements. Applications for detached accessory structures shall include a Nonconversion
16 Agreement as specified in section 122-11(i) of this chapter.
17
18 Sec. 122-26.— Subdivisions.
19 (a)Minimum reduirements. Subdivision proposals, including proposals for manufactured home
20 parks and subdivisions, shall be reviewed to determine that:
21 (1) Such proposals are consistent with the need to minimize flood damage and will be
22 reasonably safe from flooding,
23 (2) All public utilities and facilities such as (including but not limited to) sewer, gas, electric,
24 communications, and water systems are located and constructed to minimize or eliminate
25 flood damage, and
26 (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO,
27 adequate drainage paths shall be provided to guide floodwaters around and away from
28 proposed structures.
29 (b) Subdivision plats.Where any portion of proposed subdivisions, including manufactured home
30 parks and subdivisions, lies within a flood hazard area, the following shall be required:
31 (1) Delineation of flood hazard areas and flood zones, and design flood elevations, as
32 appropriate, shall be accurately depicted and described on preliminary plats,
33 (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
34 elevations are not included on the FIRM, the base flood elevations determined in
35 accordance with section 122-13(b)(1) of this chapter; and
36 (3) Compliance with the site improvement and utilities requirements of section 122-22 of this
37 chapter.
38
39 Sec. 122-27.— Site Improvements, Utilities and Limitations.
40 (a)Minimum requirements. All proposed new development shall be reviewed to determine that:
41 (1) Such proposals are consistent with the need to minimize flood damage and will be
42 reasonably safe from flooding,
43 (2) All public utilities and facilities such as (including but not limited to) sewer, gas, electric,
44 communications, and water systems are located and constructed to minimize or eliminate
45 flood damage, and
46 (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO,
I adequate drainage paths shall be provided to guide floodwaters around and away from
2 proposed structures.
3 (b) Sanitary, serge facilities. All new and replacement sanitary sewage facilities,private sewage
4 treatment plants (including all pumping stations and collector systems), and on-site waste
5 disposal systems shall be designed in accordance with the standards for onsite sewage
6 treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize
7 or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into
8 flood waters, and impairment of the facilities and systems. Joints between sewer drain
9 components shall be sealed with caulking,plastic, or rubber gaskets, and manhole covers shall
10 be sealed in a similar manner. Sewer systems which extend below the base flood elevation
11 shall have backflow prevention valves or devices.
12 (c) Water supply facilities. All new and replacement water supply facilities shall be designed in
13 accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and
14 ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
15 (d) Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be
16 designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
17 floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
18 addition to these requirements, if intended to support buildings and structures (Zone A only),
19 fill shall comply with the requirements of the Florida Building Code.
20 (e)Limitations on sites in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal
21 high hazard areas and Coastal A Zones, alteration of sand dunes, dune ridges, and mangrove
22 stands shall be permitted only if such alteration is approved by the Florida Department of
23 Environmental Protection and only if the engineering _analysis required by required by section 122-13(c)
24 of this chapter demonstrates that the proposed alteration will not increase the potential for flood
25 damage. Construction or restoration of dunes under or around elevated buildings and
26 structures shall comply with section 122-31(e)(3) of this chapter.
27
28 Sec. 122-28.—Manufactured Homes.
29 (a) General. All manufactured homes installed in flood hazard areas shall be installed by an
30 - installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
31 requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. Effective June 1,
32 1977, no manufactured home not already in place shall be placed within areas of special flood
33 hazard except in an existing manufactured home park or subdivision.
34 (b) Foundations. All new manufactured homes and replacement manufactured homes installed in
35 flood hazard areas shall be installed on permanent, reinforced foundations that:
36 (1) In flood hazard areas (Zone A), other than coastal high hazard areas and Coastal A Zones,
37 are designed in accordance with the foundation requirements of the Florida Building Code,
38 Residential Section R322.2 and this chapter.
39 (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance
40 with the foundation requirements of the Florida Building Code,Residential Section R322.3
41 and this chapter.
42 (c) Anchoring. All new manufactured homes and replacement manufactured homes shall be
43 installed using methods and practices which minimize flood damage and shall be securely
44 anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
45 movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
46 ties to ground anchors. This anchoring requirement is in addition to applicable state and local
I anchoring requirements for wind resistance.
2 (d) Elevation reduirement. All manufactured homes that are placed, replaced, or substantially
3 improved shall be elevated such that the lowest floor and mechanical equipment is at or above
4 the elevation required, as aplicable to the flood hazard area, in the Florida Building Code,
5 Residential Section R322.2 (Zone A) or Section R322.3 (Zone V).
6 (e) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
7 requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such
8 enclosed areas, as aplicable to the flood hazard area.
9 (f) Additions. Solid wall additions to manufactured homes shall be permitted provided:
10 (1) The addition is constructed under the HUD (Department of Housing and Urban
11 Development) standards and contains a HUD seal,
12 (2) The addition is elevated as required in section 122-28(d), and
13 (3) The addition is structurally independent (fourth wall construction) or certified by—a
14 registered design professional.
15 (2)Screen rooms,open decks and Porches. Screen rooms, open decks and porches are permitted
16 if structurally independent(fourth wall construction).
17 (h) Utilityeduipment. Utility equipment that serves manufactured homes, including (but not
18 limited to) electric, heating, ventilation, plumbing, and air conditioning equipment and other
19 service facilities,shall comply with the requirements of the Florida Building Code,Residential
20 Section R322, as aplicable to the flood hazard area.
21
22 Sec. 122-29.—Recreational Vehicles and Park Trailers.
23 (a) Temporary_placement. Recreational vehicles and park trailers placed temporarily in flood
24 hazard areas shall:
25 (1) Be on the site for fewer than 180 consecutive days, or
26 (2) Be fully licensed and ready for highway use, which means that the recreational vehicle or
27 park trailer in question is on wheels or a jacking system, is attached to the site only by
28 quick-disconnect type utilities and security devices, and has no permanent attachments
29 such as (including but not limited to) additions, rooms, stairs, decks and porches.
30 (b) Permanent placement. Recreational vehicles and park trailers shall not be permanently
31 placed, installed, or anchored.
32
33 Sec. 122-30.—Tanks.
34 (a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent
35 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
36 during conditions of the design flood, including the effects of buoyancy assuming the tank is
37 em .
38 (b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
39 requirements of section 122-30(c) of this chapter shall:
40 (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
41 Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed
42 to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
43 hydrostatic loads during conditions of the design flood, including the effects of buoyancy
44 assuming the tank is empty and the effects of flood-borne debris.
45 (2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
46 (c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated
I to or above the design flood elevation and attached to a supporting structure that is designed
2 to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-
3 suporting structures shall meet the foundation requirements of the applicable flood hazard
4 area.
5 (d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
6 (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
7 of floodwater or outflow of the contents of the tanks during conditions of the design flood,
8 and
9 (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
10 including the effects of buoyancy, during conditions of the design flood.
11
12 Sec. 122-31.—Other Development Not Specified in this Chapter.
13 (a) General requirements for other development. All development, including, but not limited
14 to, man-made changes to improved or unimproved real property, including utilities, for which
15 specific provisions are not specified in this chapter or the Florida Building Code, shall:
16 (1) Be lawfully located and constructed to minimize flood damage,
17 (2) Be lawfully anchored to prevent flotation, collapse or lateral movement resulting from
rom
18 hydrostatic loads, including, but not limited to, the effects of buoyancy, during conditions
19 of the design flood,
20 (3) Be constructed of flood damage-resistant materials, and
21 (4) Have mechanical, plumbing, and electrical systems above the design flood elevation or
22 meet the requirements of ASCE 24, except that minimum electric service required to
23 address life safety and electric code requirements is permitted below the design flood
24 elevation provided that it conforms to all of the provisions of the electrical part of building
25 code or other pertinent code(s) for wet locations.
26 (b) Concrete slabs used as parking pads, enclosure floors,landings, decks,walkways, patios
27 and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A
28 Zones. In addition to meeting all requirements of the Florida Building Code, for parcels in
29 whole or in part in coastal high hazard areas and Coastal A Zones, concrete slabs used as
30 parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural
31 uses are permitted beneath or adjacent to buildings and structures provided that the concrete
32 slabs are professionally designed and lawfully constructed to be:
33 (1) Structurally independent of the foundation system of the building or structure,
34 (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
35 causing significant damage to any building or structure, and
36 (3) Have a maximum slab thickness of not more than four(4) inches.
37 (c) Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition
38 to the meeting all requirements of the Florida Building Code, in coastal high hazard areas and
39 Coastal A Zones, decks and patios shall be located, professionally designed, and lawfully
40 constructed in compliance with the following_
41 (1) A deck that is structurally attached to a building or structure shall have the bottom of the
42 lowest horizontal structural member at or above the design flood elevation and any
43 suporting members that extend below the design flood elevation shall comply with the
44 foundation requirements that aply to the building or structure, which shall be designed to
45 accommodate any increased loads resulting from the attached deck.
46 (2) A deck or patio that is located below the design flood elevation shall be structurally
I independent from buildings or structures and their foundation systems, and shall be
2 professionally designed and lawfully constructed either to remain intact and in place during
3 design flood conditions or to break apart into small pieces to minimize debris during
4 flooding that is capable of causing structural damage to the building or structure or to
5 adjacent buildings and structures.
6 (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
7 constructed with more than the minimum amount of fill necessary for site drainage shall
8 not be approved unless an analysis prepared by a qualified registered design professional
9 competently and substantially demonstrates no harmful diversion of floodwaters or wave
10 runup and wave reflection that would increase damage to the building or structure or to
11 adjacent buildings and structures.
12 (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
13 natural grade or on nonstructural fill material that is similar to and compatible with local
14 soils and is the minimum amount necessary for site drainage may be approved without
15 requiring _analyanalysis of the impact on diversion of floodwaters or wave runup and wave
16 reflection.
17 (d)Other development in coastal high hazard areas (Zone V)and Coastal A Zones. In coastal
18 high hazard areas and Coastal A Zones, development activities other than buildings and
19 structures shall be permitted only if also authorized by all the appropriate or required federal,
20 state or local authority(ies), if located outside the footprint of, and not structurally attached to,
21 buildings and structures, and if analyses prepared by qualified registered design professionals
22 competently and substantially demonstrate no harmful diversion of floodwaters or wave runup
23 and wave reflection that would increase damage to adjacent buildings and structures. Such
24 other development activities include but are not limited to:
25 (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures,
26 (2) Solid fences and privacy walls, and fences prone to trapping debris, unless professionally
27 designed and lawfully constructed to fail under flood conditions less than the design flood
28 or otherwise function to avoid obstruction of floodwaters, and
29 (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
30 systems or mound systems.
31 (e) Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal
32 high hazard areas and Coastal A Zones:
33 (1) Minor _grading and the placement of minor quantities of nonstructural fill shall be permitted
34 for landscaping and for drainage purposes under and around buildings provided that the
35 nonstructural fill does not exceed two (2) feet in depth.
36 (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
37 horizontal shall be permitted only if an analysis prepared by a qualified registered design
38 professional competently and substantially demonstrates no harmful diversion of
39 floodwaters or wave runup and wave reflection that would increase damage to adjacent
40 buildings and structures.
41 (3) Where authorized by the Florida Department of Environmental Protection or applicable
42 local federal, or other state approval, sand dune construction and restoration of sand dunes
43 under or around elevated buildingsanalysis
are permitted without additional engineering _g analyare permitted without additional engineerin _g analysis
44 or certification of the diversion of floodwater or wave runup and wave reflection if the
45 scale and location of the dune work is consistent with local beach-dune morphology and
46 the vertical clearance is maintained between the top of the sand dune and the lowest
I horizontal structural member of the building.
2
3 .
4
5 gener-al welfaFe a+id to minimize p4lie and private losses dtte to flood eanditions in speeifie afeas
6 by provisions designed to:
7
8 ,
9
10 i ;
11
13 ,
14
15
17
18 ;
19 (''�)Te fninifnize pr-olonged bttsiness i�te tie
20 ,
21 ;
22
23 Vie-are-as in stteh fna+mer-ante fninifnize fttt-ufe flood blight afeas -a+ld
24 .
25
26 the potential p4lie a+id private less dtte to flooding. it is the intent of the BOGG that the eetH+t-)'
27
28
29 adhered to in all afeas of speeial flood hazafd within the jw4sdietioa of the tmiaeofpor-ated af
30 e€�ke eaw".
32
33
34
35 i
36 b, 4 not limited t n n GFR tin 3(a)(2)
37 ;
38 ;
40
41
42
43 be -kept on file, "!able to the p4lie, in the offiees of the eott� Bttilding Pepaftfne
44
45
47
48 (RE) lis�. FEMA a+id �he U.S. Fish a+id Wildlife Sefviee (PAIS) ha--ve pfavided �he speei
49 feetts afea fnaps (SFAN4s)mailed to Monfee Gott*�and dated April 30, -2011, a+ld a listing
50
51
I the RE list that afe within the SFAN4s identified by the PAIS in aeear-daflee with t
2 biologic l apinion, dated April 30, z01 n as ameaded Peeei ber- 14, -2010,afe irk
3
4
5
6
7
8
9
10
11
12
13
14 (e) Rules for-interpreting flood hazard issues. The betffidafies of�he flead hai5afd afeas shawff off
15
16 ts of these fna-ps for- pr-eeise laeations of stteh botmdafies shall be made by
17
18
19
20
21 ,
22 ,
23
24
25 .
26 (a) The fellowing wor-ds, tefms and phrases, when ttsed in this ehapter-, shall ha-ve th
27
28
29 . . ts of inter-seetion with other-native habitat. For-pttToses of this !a-Rd deVek)pfflefit
30 .
31
32
33
34 ge
35
36 sides.
37
38 ,
40 _V464"ate-4 b;_4 iqg fnea+ls a liallbasemeat bttilding that has its lowest elevated flear-raised abe
41 .
42
43 ,
par-king or-
44 .
45
47
48
49
50 final site gr-ading or- the pow4ag of eaner-ete pads is eampleted before Janttafy a+ld i...
I
3
4
5 >
6 r,a t&itttfed woods.
7 .
8
9
10 fneeting the r its for-indi idtt,i list;„ r fhe.rr.,f;ona Register-;.
11
12
13 by the eer-etafy to ^ a'� registered ter-ie distfiet;
14
15 ;
16
17 t; )1 p s th,.,t h,.,.e boor eei4ified e thef
18
19 .
20 41eg-!�iiwim— -.-means a s4ttet-ufe or-ttse that is not a legal stt+tet-Hfe or-legal ttse as de:G
21
22
23
24 .
25
27
28
29 gafdea eqttipfflefit, tffeS, afid other- low damage items whieh will not stt�r-flood damage or-ea*
30 be eanveniendy moved to the elevated paft of the bttilding. Flood instifa-flee eaver-age
31 .
32
33 tmfiaished or- flood wsista+it enelostife, ttsable solely for-par-king of vehieles, bttilding aeeess ef
34
35
36 elevation des* r its of thi ,hapter
37
38
39
40
tfa+ispaAa-ble s4ttet-wes plaeed an a site for- 180 eoasea4ive days or- leager- and intended to be-
41
42
43
44
45
46 easts an appli iest r-eview by-an independent third paf�y appraiser-Atly m4har-ized by
47
48
49
50 appraisal shall be r-eqt&-ed to possess eei4ifieE4ioas as stE4e eei4ified r-esideatial appraisers
I
3
4 .
5
6 as an enelostife, mater-ials with no openings, flood resistant fnater-ials), whieh was lawfa1l�'
7
8
9
10 ;f,00 .,,tha „r ,. ,.. it4e,a development t be ]
11
12TrrT
13 by this eh pte
14
15 ;
16 ;
17 (3) Designed to be self pr-opelled or-pefmcmeady towable by a light di"tftfek—,�
18
19 .,f; ra eampf,-..of or-seasonal,
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21
22 ,
23 ,
24 ,
25
26
27
28 ; of the piffeeffiefft
29
30
31 ;
32
33 .
34
35
36
37
38
39
40 damages,then the stntet-ufe fntist be elevated(or-flood pr-oofed if it is non r-esidential)to or-A
41
42 ,
43
items whieh afe sepafate fFafn the repair-. hems that fna-y also be &ieltided ineltide demelition arf-
44 emefgeney r-epair-s (easts to temper-afily stabilize a bitilding so that it's safe to enter- to evalitate
45
46 .
47
48
49 "
50 "
I
2 health, Saffitafy, OF saga�y eade speeif4eations whieh have been identified by the W
3
4
5
6
7
8
9 be tfiggeFed solely by the F et th.,f the sf.ttet-we;s t eifi,; od OF FepaiFed.
10 1* addition, fOF afly FepaiF FeqttiFed to meet health, smiitaty, a-Rd saga�y eades, Only the
11
12
13
14 ; of
15 "
16 JtFttet-rre's eantiatted desigw4ioato ie s4+te
17
18 aai4s.
19
20
21
22 .
23 Rehabilitati011 OF Feeans4ttetion wattid be a PaFtial OF eamplete " " and Feplaeemeat of
24
25
26 the eat; h,,;1.in Fattst be elevated to or-—above e(lead ele atialr BF-
28
29 fea�pr-iat of the &�stiag btFilding, anly the addition is r-eqttir-ed to be elevated to or-above the
30 ,i.e.; the &kistiag btFilding does nat have to be elevated. if the proposed later-a!additial+
31
32
33 s4ttet-ufe be elevated to or- above the BF-E. Even thattgh the i I .tself is eatir-el�'
34
35 .
36
37
38
39
40
41 .
42
43
an fFietion piling (eaner-ete or- weed) and shall be anehar-ed to stteh r-ae-k s"PaFt b holes, 1.6-
44 inehes in FainiFattm diameter-,attgtifed into stteh r-ae-k a FainiFattm depth of three feet and wiafer-e
45
46 and tied to the ver-tieal steel of the pier-. Wooden pilings shall be lee-ked into 16 ineh a-ttgef
47 .
48
49
50
I
2 to final "f;"
3
(e) Within-21 ealeadaf days of establishment of the lowest flear-elevation, or-"all plamneat of th-e-
4
5
6
lowest flear-within A zones or-the lowest poi4ioa of the lowest her-iZental s4+tet--HFa! fnember-
7
8
9
10
11
12holder's
13
14
15
16 hereby shall be ea-ttses to isstte a stop wofk order-for-the pr-qjeet.
17 (f) The degree of flood pr-ateetion r-eqttir-ed in this ehapter-is r-easonable for-wgttlatofy pwToses a-Rd
18
19
20 imply that 1—and- the afeas of speeial flood hazafd or-ttses pefmit4ed within stteh afeas
21
22
24
25 .
26
27 ,
28 .
30
31 .
32
34
35 .
36
37 "f;""s that fninifnize fl"",a damage,
38
39 and pr-aetiees that fninifnize flood damage.
40
41
42
43
44
45
46 damage to them and " r,.,w.inat "r f"fn them ,a,,4 flooding.
47 ,
48
49
50 (9) illegal or- noneonfeming ttses, s4+tet-ufes, a+id eans4+tetion below elevated post F-112
51
I
.Y .--its to below base flood enel s-afes, other--
than for-demolition or-a pefmit to r-efnedy a life saga�y hazafd,�mless the s4ttetufe is br-ottght
3 into , pli ree with this eh pter
4
5 .
6
7 as defiffed iff this ehaptef.
8
9
10
11 .
12
13 allowed w high . „1,1 ; to t;.,l flood damage-7
14
15
16 of lots within afeas of speeial flood hazafd shall eafFy the fellowing flood hazafd waming
17 atly disp1.,.,0,1 an the ,a, ettf.ort:
18 FLOOD HAZARD AIARNP r_
19 This pivp€f• be s4bjeet to flooding. Yeti shatti eantaet the eo ,, �Arrc vivw+ch
20 Management Division and obtain the latest infe 'ding flood elevations and
21
22
23 been provided the F 11,,.E ial afe -e :
24 .
25
26 the lowest flea-- for- zones A! 30 n E r,a A 14or- h tt w. f the lowest s a---
27 iaember' of the lowest Flea- for- zones NIr30 A7R A7 elevated .,tor- above tho t �o
28 flood elevft6off level.
29
30
31
32
33 within the , its ,a,,4 , rd t; rs f flo di
34
35
36 he-e the lille passes a-HIto-io-wallOr-Slab.
37 d. &ieept as noted in s4seetion(b)(7) of this seetion,the spaee below the lowest flear-a
38 ,
39
40 f 11,,. „r , rd t; rs:
41
42
43 feet shall only be enelosed with ser-een or- open la4iee. This lifnitation shall not
44 .
45 ,
46 &i;sti g a April 17 zov4,-r-he effeetive date of the or-dinaneefFaffn w'hieh t�ir'rr
47 seetien is derived shall be deemed eerf,-mini as to thepr-ovisionsf this
48
49
50 z. They,.,l�enelosed afea below the base flood elevation in zone AE, once
51
I
2 tom&teh the and falling F Fl,,,,,aw ater-r an the E)�4srue-vf he s4+tEt-Hfe. A
3 fflillifHWHf�. , 1,,e ted on sepafate walls shall he p i e,a having
4
5
6 door-may he, e,a i lie„ fventing ane wall opening. Openings shall he s;t,,.,te,a
7
8 g
9 3. h4er-ior-walls, eeilings a+id floor-, below base flood elevation, in enelostifes mat,
10 be finished with allowable &iter-ior-finish, r-egafdless of whether-this is speeified
11
12 Bttlletia.The most weent Teehaieal Bttlletia limits the finish to basie wall eeiling
13
14
16 4. The ;,,to t; F. enelosed . ., below , elevated bt 1,iag m t be
17
18
19
20
21 ffittse vaid of tAi'li6es *h�efviee �he effelostife aaidea-ffffa� be
22 .
23
24
25
26 fi t F F GFI 1 t,-iea tael es
iai" e�'zeEltfl� `.�h'. ��ce� , erg ccrrcar ieccp ccccr��
27 shall nat he 1,,e ted helaw the base floodelevation.
28
29 tisf , t is t t 4(h)(l),� 7 F
tcs-sccx�x�xxxg-c�3;r�'ccju}�c�3c}3sr6��iivaccz}6�3s��� ., 3cr��� n(l lr�v�-vr
30 this ;r
31 7. The afea effelosed belaw the base flood „1,,.,a+iaff shall ffa, be ttsed F h,..f..+
32 h..b.; r
33 8. &ieept as ne edins4seetiens12-2 4(hvl)h a+i (h)(I) .5. of this seeti6ll oz
34
36 �?� � aze� ee �ttette -
37
38
39 (FIRM) shall have the lawest flear-(ineittding basement) elevated to or-above the base
40 flead level or-,together-with a4eadaf4�444y and sanitaty f4eilities,be designed so that
41
42
43
44 Elevating above b se flo-o-d- ion fna-y deer-ease the east of flead instwa-Bee.Wher-e
45 ,
46 a registered pr-ofessional engineer- or- afehiteet shall develop and,lor- r-eview st-letwal
47 design speeifieations a+id pla+is for-the eaastt+te6aa a+id shall eei4ify that the design a-Rd
48
49
50
51
Fl,,odp fi f f T 1 t to t;.,1
is,Ti36riccE€�3���E�h E6irs�ttE�l6ir-vr—ca�iimir�'�scroscccrrcrccr
2
3 zone N11- 30,N112 or-N'shall have the bettem of the lowest her-izental stf+fet-ufal fnembe
4 of the lowest fleaf, eleviited to of above the base flead eleviitieff.
5 ,
6
7
8
177 4(t,l( l., rf t- �7 4 (h)(l),l 7 (h)(I) 4 „F
xzz rj-v7C5T�oYZ�}�-�ccz}6�3�6�' t�86�3cr6�' EE�}6�3����
10 this seetion for- A zones. Plans for- sneh stpdet-ufe shall be sninnit4ed to the bitilding
11 .
12 Aeeess-ei,�,st-yHe-twes
14
15
16 (i) The enelosed aafea is 150s"afe €EEt ems;
17 (ii) The nse is lifnited to lifnited star--age; and
18
19 late-.,1 f rf
20
21
22
23 4(h)(l),l within A zones -the ,f4e-;., sot F i h in „ seetio (t l(Gl within N7
24
25 .
26 1. All nonresidential aeeessefy s4ttEt-uTes,-or-—enelosecc'lrifeas, w4iieli fneet the
27 F 11,,.E ing ,f4e-;, two,. ,-m t e ;F.
28
29 (ii) They-iaEEt the br-Eakwha-y wall stand`„—.as „tli wed in Seeti6ir r��
30 4(b)(5)a.. within N' zones ogirl'rE—` eating iEEtnir-Emmenus antlxraecd Hi+
31
32
33 this seetion; r,a
34
35 1,* a r*
36 (^`�e-twed how s,
37
38
39
40
41
42
43 rEE red, to the flood hazafd afe-ainthe Florida Bn ldi Go
44 Seet o v322 (Zone n) or-Seet o v312 3 (Zone m
45 bResefve -
46 e. No solid walled additions fna-y be added to a fna-nn�et-ufed hafne naless the addition is.
47
48 .
49 Solid walled addit effs eleyft` e r a of above *he Lase flood eleyft6aif irrccs be
50
51 .
I
2 .
3
4
5
6 inz.A.G:Chapter, 15G.
7
8
9
10
11
12 by the Do,..,ftmerf fHot si and rr,ba- Development in 24 GF 3280 3n4(rwm a+i
13 .
14
15
16
17 ,
18 shall
19
20
21 base flead elevft6eff.
22
23
24 .
25
26IA
28
29 eeas4tteted with br-eakwwa-y walls so as not to impede the flew of fleadw
30
31
32 .
33
34 eeittffiffs.
35
36 fletation, eallapse, a+id later-a! fnevement dtte to the effeets of wind a-Rd water- leads
37
38
40 d. A registered pr-ofessional eagineer- or- afehiteet shall develop Or-review the s4+tetwal
41
42
43 efpiae iee foi fneeting the pr-ovislense€Seetiens122 n(h)(c). (t VGIt a+l (h)(5l
45
46
48
49
50 4(h)(l),l 1 (h)(l),l (h)(l),l 4 .,n (t l(�l7ax of thrrreeti6s
I h. Prior-to eans4ttetion, plans for- any s4ttet-ufe that will haw enelosed spaee below the
2 base flood elevation level shall be s4fnit4ed to the Bttildiag Offieial or- his desig+fee
3 for-approval.
4 i. Alalls a-Rd pfftitieffs shall be allowed below the base fload elevatieff,pfavided the�,af-e
5
6 the impaet of abnofmally high tides or- wind dr-iven water- witho�4 damage to the
7
8
9 be ttsed as the safe lead design for-br-eaka a-y walls.
10 Complicmee with the pr-ovisions eantained in Seetion 1-2-2 4(b)(5)i. of this seetion shall
11 .
12
13 the spaee below the base flood elevation level &ieept as provided for-in Seetions 1-2-2
14 .
15
16 whieh will iner-ease the pateatial for-flood damage.
17
18
19
20 nee, be -oa bat -000r- ,,,-kshop. This nbt}ell does not apply to IIeA=
21
22
23
24
25
27 (8) Below h—fla-d-levation vapianee. 1*no event shall a below base flood elevation var-ianee
28
29
30 afe not s4stanti,l
31
32 .
33
a. Be on the site for-",er-than 180 eoasea4ive days and be fitily lieensed cmd ready fer--
34
35
36
37
38
39 additions.
40
41
42
43
44
45
46 inter-est, will be ill hafffielly with the gener-al pwTose and inteat of this ehapter-, cmd will be th
48 (b)- Proeedti--es.
49
50 of speeial flood hazafd shall be filed with the Bttildiag Pepai4fneat at the tifne of applieatiall
51
1
2
3 ri;,.atior and s„t,w.;, r a r,aatior to the ran n u
4
5
6
7 .
8 .
9 (1) Nlafia-nees shall be isstted only "an a detefmination that the vafia-Bee is the milli
10 neeessaty, eansider-ing the flood hazafd, to afford relief-, and only"an all of the fellowing
11s
13
14 ,
15
16 ;
17 ; or-eanfliet with
18 ;
19 d. Speeifie wr-ittea findings edte the faeter-sb
20 (2) The F 11,,.E ing faeter- shall be wley af4 in the r i F a afiimee:
21 ;
22
23
24 ,
25
27
28 ,
29 h. The "Iabi' of altemate Weatiens less s4bjeet to
30 ,
31
32 ,
33
34 #1ee4l-
35
36
38 ,
39 eleetfieadater-systems, and stfeets and bridges.
40
42
43 €
44 bTke domestiefiee}ties of tneant OF fflefflbeFS Of hiSze
45
47 4 '-ke elevation f s,,,...,,,mdi stf+tetirres.
48
49
50 is to be bt�k a+id stating that the east of flood instifanee will be eammeastiFate with
I the iner-eased r-is-k r-eatiting f:Fefn the lowest f4E)E)F beifig Weated below the base flood
2r
3
4
5
6 will be below the base flood level, a+id that aettt�al flood instifa+lee rates ifier-ease as the
7
9
11
12 See.13-6.Required insp eetien=, of Residential St-ru eta resz
13
14 "
15
16 inspeetion of the below base flood enelostwe shall be eandtteted. The r-eqttir-ed inspeetion shall
17 eandtteted ne eaflier-than 180 days prior-to the tfansfer-of the pr-opef�y by the Seller-or-the Paten
18
19
the below base flood enelostwe, is to identify for- eott� r-eear-ds a+ld ptwehaser-s ap-),-
20 noneeaggEmitiesor-illegal stf+et--
21
22
23 division. Fees for- inspeetions eandtteted by the gr-owth ma+iagemeat division shall be in
24
25 .
26
27
28 .
29 (d) Private inspeetors' approval. Non eett*l f:Fefn a+i approved list maintained by th-e
30
31
32
33
34
35
36 ineemplete,
37 f.- w, the approvedlist of inspeete by the gr-owth m rf,a;-eeter
38
39
40 for days prior-t the e sir date for-tfansfer- fp- reft.,
41
42
43 will be notified that the s Violation of this seetion. The btt-yer-and hi
44
45
46
47
48
49
50
51
I
t a tf an s fe r, This inspeetion is not intended to be itsed to identify or- pr-eseei4e a+iy other-
2 .
3 (g) NOthfifig fill this seetio-ii shall prohibit the eeia� f:Fefn pr-aseeitting illegal, IffiPeFfflitted
4
5 .
6 (h) if*1:�, Af the identify illegal ttiipeFmitted ifHpFE)VefHel4S Seetion 1-2-2 4 applies
7 .
8
9 See. 12z 7.Flooarl..;n C,.,.f;r;cate of Complianee Prograniz
10 (a) Generally. Any PFOPe4y &Alfiff Who has obtained an inspeetion of his d8VHlStftiFS enelestife OF
11 .
12 (1) FE rn anee4ispeEtie�' OgF,affl; e�
13 (?)hispeetienaf time f sale; OF
14
15
16
17
18
19
20 (with no fee) is neeessaty to asstife eampliaiiee has been maintained and t
21
22
23
24 dawffstaifs livifft afeas as fellawsi
25
26
27 aFea Oil the ffOitiid f488F.Onee this data is eapt-wed,teelinieal staff Will dedRet all the PaFeels
28
29
30 grain,
31
32
33
34
35
36
37
38 ,
39 , he
40
41 feEtttifed to attthafii5e eaffsff=uetiaff.
42
43
44 t tfaiisfer- fowner-ship „r,a i Seel r 1-2-2 ti
45
46
47
48
49
50 .
I
2
3 (f) New eonstruetion. New eans4+ietion that eantains a-By �ype of below base flood elevati
4
5
6
7
8
9
See. 122 8.inelusion of United States Feder-a! Emergeney Management Ageney (FEMA) and-
10 United States Fish and Wildlife Serviee (FIALS) Required Permit Referral Proeess
11 .
12 ,
13
14
15
16 a
17 (b) Lands to whieh this seetion apply. See Seetion 1-2-2 -2(b)Q,
18
19
20
21 .
22 .
23 (1) SV44AIFeview peqwped, Far-pafeels or-lots shown within the SFAN4s ill whieh a-H applieat
24
25
26 woodr-at,Key tFee eaet-tts,Lower-Keys fnaFsh rabbit,Eastem indigo saake,Key deff, Sehm
27
28
29 ft,o ,ao.eelopmeat . plieatior ,. ,mit files that indi ates.
30 a. The name 6f the 6fficm crrcc�r€vT€wcar-the a€v€lOjmi€nt application for- rrva
31
32 b. The ate-e€flke�e�4e�L
33 eThedate of the SFAM and RE list ttsed eendttEt the r-ev4e,NL
34
35 .
36
37 in whieh a+i applieation for-a pefmit for-development has been made illeittding 1) e"a+ldiffg
38
39
40
41
42
43 lsla+id tfee snail,a+id the pafeel or-Wt is listed an the RE list,the Planning Pir-eeter-or-his,�he
44 designee shall ttse the SAGs to detefmine whether- a floodplain development pefffil+
45
46
48
49
50
I ,
2 .,1 Fvegetation, or-eammeneemeat f development,with a nd do that:
1' f obtain f f o f.-af the d
z. �4ic-�3ricicirr3cG�iciicr-vQcccrrrc�trttiii .r'rrcc`�2 �€��rccicircr
4
5 ,
6 3. 1* aeear-d -nee with the Florida Bt,l iag (`ode a+id Mear-ee (`.,,,,,t., Cvcti6ir6
7
8
9
10 assistanee, Mear-ee Gott� shall provide the applieation to the sefviee weekly. Based
11
12 ,
13
14
15
16
17
18
19 oste do .,,,dla-ptffeh.,so fnative habitat.
20 ,
21 iff the peffiiit file.
22
23
24 developffiefft I i i I i begiff.
25 ,
26
27
28 .
29 h. if the pr-opef�y owner- does not agree to the PAIS teehaieal ttir-efRefits to
30
31 .
32
33 and Lower- Keys fnafsh rabbit habitat, pr-opef�y owner-s shall agree to &iea4e a+ld
34
35
36
38
39 op eiq6kwqgeied) speeies All proposed development shall fneet the eanditions.
40
41
42
43
44
45
46
47
48
49 S*
50
51
1
2
3
4
5 .
6 -A. 1-4�- off-der-for-these per-seas whose alleeations or-whose bttilding pefmits wer-e tailed to
7
8 .
9 1 Owner-s with alleeations whe do not need eaer-dination with PAIS after-they afe
11
13 Haw 300 days f�he date f. � ; ,a .� tiee iffy
n. v-crccy c-crcrcc-vr-crE6i'mcpz$s'accr=w'ircc€�zivcrc� zrr€ft-
14
15
17
18 .
19 i. Haw 180--dayi the date-vra eeimcy- sr'accr=wffrccen nvcree, to
21
22
23 a pemiit fmFo , the P014, Feea maenee developmentand Feeeiye-a
24 passed iffspee6aff.
25 (5) Permit issunnee for- Annual alloention awards f+om the Rate of Growth Or-dina
26 (ROGO), Non Residential Rate of !'',.,.wth Ordi,..nee rn ROGO) PeFmit
27 "
28 "
29
30
31
32
33
34
35
36 (6) Pr-opei4ies for- whieh a pefmit has been isstted and for- whieh development has
37
38 "
39
40
41
42
43
44
45
46 See. 12 eais;
47 (a) Authority.The Division of Adminis4ative Hearings(POA14)shall hwve the atAhaf4y to heaf a+ld
48
49
50 (b) initiation. An appeal fna-y be initiated by a+i awner-, applie&4, aE�aeellt pr-ope4y Owner-, aff�A
51
I
2 r ,r,a Development rode.
3
4
5 adffiiffist+a+ive aetieff. Failtwe to file stteh appeal shall eaffstitt4e a waivef of a-Hy rights ttffdef
6
7
8
9
10 fna4er- of the appeal and to sead wr-ittea natiee of the appeal to the owner-, applieaf4, pr-epefltA
11
12 of the wr-44ea natiee of the appeal, the Gett�shall r-efer-the appeal to DOA14 with a wqttes
13
14
15 (d) Effeet of filing an appeal. The filiffg of a ffa6ee of appeal shall s�� all pefffi4 ae6vit-y a-Rd a+iy
16
17
18 ease�he appeal shall ffa�s��ftff4hef pefffl4 ae4vif-afld a+iy pfaeeediffgs. The BOGG shall fe
20F.A.G.
21
22
23
24 Section 3.These updates are necessary to ensure County consistency with the requirements
25 of the Florida Division of Emergency Management - Bureau of Mitigation - State Floodplain
26 Management Office's model floodplain ordinance. However, in recognition that where an extant
27 legislatively approved law is repealed by a subsequent legislative act which substantially reenacts
28 that repealed extant law, the prior legislatively approved law and the subsequent legislative act
29 shall be regarded as one continuous law uninterrupted in its operation, see McKibben v. Mallory,
30 293 So. 2d 48, 52-53 (Fla. 1974), see also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38
31 (Fla. 3rd DCA 1979), it is the express legislative intent and purpose of the BOCC, in relation to or
32 in connection with of subsequent administrative and judicial construction and review of this
33 ordinance and Chapter 122, that all recodified or reenacted provisions of Monroe County Land
34 Development Code Chapter 122, which includes those provisions of Chapter 122 unchanged or
35 not substantially modified by this ordinance, shall be deemed to have been in operation
36 continuously from their original enactment whereas the changes or substantial modifications are
37 treated as amendments effective from the time they go into legal effect.
38
39 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance
40 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all
41 applications for development, including building permit applications and subdivision proposals,
42 submitted on or after the effective date of this ordinance.
43
44 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
45 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
46 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
47 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
48 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
I connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
2 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
3 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
4 construction and interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, bankruptcy, and on appeal.
6
7 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
8 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
9 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
10 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
11 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
12 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
13 continue unimpaired in full force and effect.
14
15 Section 7. Conflicting Provisions. Consonant with Section 3. all ordinances or parts of
16 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
17 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any
18 ordinance which has been repealed thereby.
19
20 Section 8. Captions and Paragraph Headings. Captions and paragraph headings, where
21 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
22 and intent of the particular paragraph or text to which they refer.
23
24 Section 9. Transmittal. This ordinance shall be transmitted to the Florida State Land
25 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
26
27 Section 10. Filing. This ordinance shall be filed in the Office of the Secretary of the State
28 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
29 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
30 approving the ordinance, and if the final order is challenged, until the challenge to the order is
31 resolved pursuant to F.S. Chapter 120.
32
33 Section 11. Inclusion in the Monroe County Code. The provisions of this Ordinance
34 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
35 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
36 uniform marking system of the Code.
37
38 Section 12. Effective Date. This ordinance shall become as provided by law and stated
39 above.
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
42 Florida, at a regular meeting held on November 15 2022.
43
44 Mayor Craig Cates Yes
45 Mayor Pro Tem Holly Merrill Raschein Yes
46 Commissioner Michelle Lincoln Yes
1
2 Commissioner James K. Scholl Yes
3 Commissioner David Rice Yes
„,,,
5 sue.�_� it BOARD OF COUNTY COMMISSIONERS
dOr G 18 2s OF MONROE COUNTY, FLORIDA
� ei-).",
Bw 1:w7 4 a y.
a mom= =�' Mayor ig Cates
11k.\ IOW AN "�IEVIN MADOK, CLERK MONRPOE CO TO FORM
12s_.v.,_________
13 �E 4��-�i G ---7
14 AS CLER
PETER MORRIS
15 ASSISTANT COUNTY ATTORNEY
Date: 11/1/22
'i _
t
~A
'
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
December 7, 2022
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance 026-2022 by the Monroe County Board of County
Commissioners approving amendments to the Monroe County Land Development Code
amending Section 101-1 Definitions; to update Floodplain Management Definitions; to repeal
and reenact Chapter 122, Floodplain Management; to adopt an updated Chapter 122, Floodplain
Management, to be consistent with the Florida Division Of Emergency Management- Bureau Of
Mitigation - State Floodplain Management Office's Model Floodplain Management Ordinance
which is written to explicitly rely on and be coordinated with the Flood Provisions in the Florida
Building Code, meeting the National Flood Insurance Program Requirements and approved by
the Federal Emergency Management Agency in 2013; including designating a Floodplain
Administrator, adopting procedures and criteria for development in flood hazard areas, and for
other purposes; providing for severability; providing for applicability; providing for repeal of
conflicting provisions; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for amendment to and incorporation in the Monroe County Land
Development Code; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on November 15, 2022. Should you have any questions
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
�m
ri ,
f' w� Z
FLORIDA DEPARTMENT" O ...STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
December 7, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 2022-026, which was filed in this office on December 7,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3868211
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday, October 29,2022
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
.
(Signature ofAffiant)
Affirmed and subscribed before me this 3rd day of November 2022
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
yw ��1�'tryio7rrm ilr�sGv�zn M�"hk�GI���GM i
ttWi d ni�us2SPtz2t'
KEYS CiITIZEN♦WEEKEND EDITION,OCTOEER 2g30,2022 11A
;'oPaFnAgBANT,OF THE FECR
�i IIII' i" rYs p
„r �IIII
- GETTHE
Blackouts ` LATEST
EDITION
worsen in
Ukraine; `kool
1 I11) Kll�Y 5
fighting
rages on
many fronts MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE
BY AN DREW MELDRUM OF PUBLIC HEARING
The Associated Press NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
K)EE LIKED——Relcutleee NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE
Russian amtrk,uu energy hO,
tinctnro pmmnted Ukrainian NOTICE OF CHANGE TO MONROE COUNTY CODE OF ORDINANCES
unnutcltr en iug bl to an- NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP
nor nrs ung blackouts
.,,fth K uvnun largerun NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT(ZONING)MAP
ie,wh}h KbAJ,mayor wamh,g
that the capital's power grid is
king in"eme,gen,mud V NOVEMBER 15,2022
"it"
energy localie,down a,-
uch as 50%Emm pre-war NOTICE IS HEREBY GIVEN that 11 Tuesday,November 15,2022,the Monroe County Board of C=Commissioners will hold a Public Meeting,beginning at 09:00 AM.The BOCC
levels'. meeting will be held i,hybrid fo00at,allowing the public to attend eithervi a Zoom Webinaro ,person.The inl,e rs Or meeting will be held at the Harvey Govemmen t Center located at
Meanwhile, the Rus,iau 1200 Tmma0A...Key West,FL 33040.Thefollowing items will be c,,,id,,d at the PUBLIC HEARING:
PUBLIC HEARINGS:09:00 AM(m as soon thereafter as may be heard):
president sough[to dispel
r:ritir:istn of a chaotic r:all-up of ANORDINANCE BYMONROE COUNTYBOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LANDDEVELOPMENT CODE AMENDING SECTION101-
300,000 a,e i",fur,ernice in 1 DEFINITIONS'TO UPDATE FLOODPLAIN MANAGEMENT DEFINITIONS'TO REPEAL AND REENACT CHAPTER 122 FLOODPLAIN MANAGEMENT'TO ADOPT AN UPDATED CHAPTER
Ukraine to dery tu,defense 122 FLOODP LAIN MANAGEMENT TO BE CONSISTENT WITH THE FLORI DA DIVISION OF EMERGENCY MANAGEMENT,BUREAU OF MITIGATION,STATE FLOODP LAIN MANAGEMENT
OFFICE'S MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH THE FLOOD PROVISIONS IN THE FLORIDA
ouln r to make sure the)/re BUILDING CODE,MEETING THE NATIONAL FLOOD INSURANCE PROGRAM(NFIP)REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN 2013,
Donner)trained and equipped INCLUDING DESIGNATING AF LOODPLAIN ADMINISTRATOR,ADOPTING PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,AND FOR OTHER PURPOSES
Eurbattle PROVIDING FOR SEVELABILITY,PROVIDING FOR APPLICABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND
In tlheK, ter PLANNING AGENCY AND THE SECRETARY O F STATE,P ROVI DING FO R AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELO PMENT CODE,PROVI DING FOR
§ egion,as vein AN EFFECTIVE DATE(FILE 2019-093)
lou s the later damage to
u0lities would mean rota es AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-25
uEEuururmurehon"achy,ac- APPLICATI ON PROCEDURES FOR RESIDENTIAL ROGO,SECTION 138-21 EVALUATION CRITERIA(LOGO)SECTION 13852 APPLICATION PROCEDURES FOR NROGO,AND SECTION
carding to Dkrenerga tlhe 4rte 13855 EVALUATION CRITERIA(NROGO),TO REQ UI RE UPDATED SCO RES BASED ON THE UPDATED FEMAFLOOD INSURANCE RATE MAPSAND TO REQUIRE PLAN REVISIONS PRIOR
TO PERMIT ISSUANCE DEMONSTRATING FULL COMPLIANCE WITH THE CURRENT FLORIDA BUILDING CODE AND THE UPDATED FEMA FLOOD INSURE,CE RATE MAPS FOR PERMITS
up—tur uE LERah,b,tul REQUIRING A LOGO OR PROOF ALLOCATION,PROVIDINGFORSEVELABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FORTRWVSMITTALTO THE STATE
age han,'mi,,iun tines'. LAN D P LAPIN I NG AGENCY AN D T HE SEC LETALY OF STATE,P ROVI D I NG FO R AMEN DMENT TO AN D INC O RPO EVIL ON IN THE MON ROE C O UNTY LAN D DEVE TO PMENT CO DE,P ROVI DING
But
Guv.Olek,i)Kuleba FORANEFFECTIVE DATE.(FILE2019094)
h,,mad"mure,r'\•cD,and lun AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE 2030 MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.5.32
uT hutd—,mll be applied TO AMEND THE HEIGHT LIMIT TO OFT,AFTER THE ADOPTION AND ON THE EFFECTIVE DATE OF UPDATED FEMA FLOOD INSURANCE RATE MAPS,FOR LAWFULLY ESTABLISHED
in the cumh,g lose:" EXISTING RESIDENTIAL B U ILDINGS AND NEW RESIDENTIAL BUILDINGS(INCLUDES SUBSTANTIAL IMPROVEMENTS)IN ORDER FOR THESE BUILDINGS TO ELEVATE TO OR MAINTAIN
KOdv Maur Vltali l�t,thko THE REQUIRED ELEVATION BASED ON THE FLORIDA BUILDING CODEAND UPDATED FEMAFLOOD INSURANCE RATE MAPS,PROVIDING FORSEVERABILITY,PROVIDING FOR REPEAL
said the dE',,power grid was' OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENT TO AND
INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAN EFFECTIVE DATE.(FILE 2019-095)
uperaling in"emergenq mcdcT'
and added he hoped Uk,aTgn AN ORDI NAN CE BY MONK BE COUNTY BOARD OF COU KEY COMMISSIONERS ADOPTING AME NDMENTS TO MONRO E COUNTY LAND DEVELOPMENT CODE SECTIO N 131-2 MAXIMUM
would find ways to address the HEIGHT,TOAMEND THE HEIGHT LIMITTO 40FT,AFTER THEADOPTIONAND ON THE EFFECTIVE DATE OF UPDATED FEMAFLOOD INSURANCE RATE MAPS,FORLAWFULLV ESTABLISHED
,hurt: M'tu Baer eek," EXISTING RESIDENTIAL BUILDINGS AND NEW RES IDEPHIAt BUILDINGS(INCLUDES SUBSTANTIAL IMPROVEMENTS)INORDERFORTHESE BUILDINGS TO ELEVATE TO OR MAINTAIN
�e Q1 THE REQUIRED ELEVATION BASED ON THE FLORIDA BUILDING CODEAND UPDATED FEMAFLOOD INSURANCE RATE NIAPS,PROVIDING FOR SEVERABILIN,PROVIDING FOR REPEAL
The Eurmer boxing world OF CONFLI CTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENT TO AND
champion also said I,—air de- INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE,PROVIDING FORAN EFFECTIVE DATE(FILE 2019096)
Een,e cl,ipment has-been d,
played in the Ukoornau capital AN ORDINANCE BY MONROECOUNTYBOARD OF CO UNITY COMMISSIONERSADOPTINGAMENDMENTSTOTHE MONROE COUNTYCODE OF ORDINANCES CHAPTER 6-BUILDINGSAND
CONSTRUCTION ARTICLE II-BUILD ING CODE,AMENDMENTSARE PROPOSED TO UPDATE THE PURPOSEAND SCOPE,ADD DEFINITIONS ADDRESS THE ADMINISTRATION OF THE
to help defend agah,tRu„ion BUILDING DEPARTMENT INCLUDING THE BUILDING O FF ICI
ALS AUTHORITY AN D DUTIES(INCLUD ING THE PROVI SIGNS OF C H.122 OF THE MONROE COUNTY LAND DEVELO PMENT
drone and mocha attack,un CODE(PART I I OF THIS CODE)AS THE DES IODATE D FLOODPLAIN ADMINISTRATOR),U PDATE THE REFERENCES TO THE LECH RELENTS OF THE F LORI DA B UI LDING CO DE',AND FOR
ouTIE fit itu .. CLARIFICATION AND OTHER P URPOSES,TO ADOPT TECHNICAL AMEN EVENTS TO THE FLORIDA BU ILD ING CO DE',PROVIDING FOR AP PLICAB ILITY,PROVIDING FOR SEVERABI LITY,
In the zakiv region,home PROVI DING FOR RE PEAL OF CONE LICTING P ROVISIONS,PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE CO UNTY CODE OF O RDINANCES,PROVI DING FOR
T RWVSMITTAL TO THE DEPARTMENT OF STATE AND FOR AN EFFECTIVE DATE.
to Dkrainb,bOrund-larger city
uE the same name,Guv.I ANORDINANCE BYTHE MONROE COUNTYBOARD OF COUNTY COMMISSIONERS AMENDING THE 2030 MONROE CO UNTY COMPREHENSIVE PLANASASMALL SCALE COMPREHENSIVE
S)auehabu,s'aiddail)cne-hour PLANAMENDMENT PURSUANFLO SECTION 163318Z,FLORIDA STATUTES,AM ENDING POLICY1071.7COCO PALMSAFFORDABLE HOUSING SUBAREATO INCREASE THE MAXIMUM
power outage,vvuld begin NET DENSITYAND TOMO D RYTHE PERMITTEDAS-OFRIGHT USESAND CONDITIONAL USES FOR PROPERTY LOCATEDAT21585 OLDSTATE ROAD 4A,CUDJOE KEY,HAVING PARCEL
IDENTIFICATION NUMBER 00174960 000000,AS PROPOSED BY SMITH HAWKS,PIT ON BEHALF OF MOBILE HOMES HOLDINGS COCO,LLC,AND TO ACCOM PANYA PROPOSED
Monday AMENDMENT TO THE FUTURE LAND USE MAP(FLUM)FROM MIXED USE/COMMERCIAL(MC)TO RESIDENTIAL H IGH(LH),PROVIDING FOR SEVERABILITY,P ROVIDING FOR REPEAL
Officials across the country OF CONFLICTING PROVISIONS,PROVIDING FOR INCLUSION IN THE 2030 MONROE COUNTY COMPREHENSIVE PLAN',PROVIDING FORAN EFFECTIVE DATE(FILE 2022084)
have urged people to t -
,r.rve by reduung electzidE ANORDINANCE THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMEND ING THE MONROE COUNTY FUTURE LAND USE MAP ASA SMALL SCALE COMPREHENSIVE
PLAN AMENDMENT PURSUANT TO SECTION 163 318Z,FLORIDASTATUTES,FROM MIXED USE COMMERCIAL(MC)TO RESIDENTIAL HIGH(HIT)FOR PROPERTY LOCATED AT 21585
,sumptiun during peak OLD STATE ROAD,CU DJOE KEY,MILE MARKER21 LEGALLY DESCRIBED AS LOT 30 SACARMA,A SUBDIVISION OF GOVERNMENT LOTS 3AN D4INSECTION29,TOWNSHIP66S O UTH,
hours and avoiding BE,use uE RANGE 28 EAST(PLAT BOOK 2,PAGE 48),MONROE COUNTY,FLORI DA,HAVING PARCEL IDENTIFICATION NUMBE R 00174 960-000000,AS PROPOSED BY MOBI LE HOMES HOLD INGS
high�ultageapphance, COCO,LLC,CONTINGENT ONADOPTION AND EFFECTIVENESS OFAMENDMENTS TO COMPREHENSIVE PLAN POLICY 10Z1 F TO INCREASE THE MAXIMUM NET DENSITYAND TO
Ukrainian Pre,iden[ MODIFY THE PERMITTEDAS OF RIGHT USESAND CONDITIONAL USES ON THE SUBJECT PROPERTY,PROVIDING FORSEVERABILITY,PROVIDING FOR REPEALOF CONFLICTING
PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR INCLUSION IN THE MONROE COUNTY
Vuludimt)2 Zelen,k))aid let COMPREHENSIVE PLAN AND FORAM EDEPEND TO THE FUTURE LAND USE MAP',PROVIDING FORAN EFFECTIVE DATE(FILE 2022-085)SEE 11 below
weekthat30Y6ufLERah,b,puw-
IT totlun, ra had bn dc-,,d AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MO N ROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM SUBURBAN
rice Russia launched the first COMMERCIAL(SC)To URBAN RESIDENTIAL(UR),FOR PROPERTY LOCATEDAT21585 OLD STATE ROAD,CUDJOE KEY,MILE NIARKER21 LEGALLY DESCRIBED AS LOT30 SACARMA,
ASUBDIVISION OF GOVERNMENT LOTS BAND 4IN SECTION 29,TOWNSHIP 66 SOUTH,RANGE 28 EAST(PLAT BOOK 2,PAGE 48),MONROE COUNTY,FLORIDA,HAVING PARCEL
e uE rrrrgeted infix tincture IDENTIFICATION NUM BER00174960-000000,AS PROPOSED BY MOBILE HOMESHOLDINGS COCO,LLC,CONTINGENT ON ADOPTION AND EFFECTIVENESS OF AMENDMENTS TO
,nike,un Oct to, COM PRE HENS VE PLAN POLICY 10717 TO INCREASE THE MAXIMUM NET DENSITY AND TO MO CRY THE PERMITTED AS-OF RIGHT USES AND CONDITIONAL USES ON THE SUBJECT
In Mu,cuw, Ru„ian PROPERTY,PROVI DING FOR SEVERAB ILITY,PROVIDINGFOR REPEALOF CONFLICTING PROVISIONS,PROVIDING FORTRWVSMITTALTO THESTATE LAND PLANNING AGENCY AND
President Vladimk Part tuld T HE SECRETARYOF STATE,PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP,PROVIDING FORANEFFECTIVE DATE.
(FILE 2022-086)See Map 2 below
Defense Muster Sergei Sthoigrt
Btu theJ r,aud,uE re its MAP MAP
cat •centl)rolled up
uccd
tt ght nammg and t p t ,"peuple kel can FCL
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fident when they need to go to
ombae' Danssm>000000 o0nascto-00o000
c Shoigu told Path,that 82„000
t-t dt endeplE, to
LIKED—wtil,21R 000 others t
were still hemg trained He said 2
there were I law diate plan,
to round up more but Puntis '..,.
mobilization order left the
door open fia a future nulttrq
ra0 up.
Punn's effort to beef up the — """"
numberoEmnup'al
ongthe 62A
I finut lin,E h d [ "
[t E rlcdThe=a on,1Ysm �e hlaerker 2l N Marker2 "
region.The bA tl h C tll KeyW�_ TM' C do Ke 1
Russia and prompted hundrrxl,
of thousands Li
ofinen to Dee the AN O RDI NANCE B Y THE MONROE COUNTY BOARD OF COUNTY COMMISSIONER S U P DAL ING TH E F VE-YEA R SC HE U LE OF CAP ITAL IM P ROVE MENTS TAB LE FO R F I SCAL YEARS 2023-
202Z,LOCATED WITHIN THE CAPITAL IMPROVEMENTS ELEMENT OF THE MON ROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,PURSUANT TO FTO RI DA STATUTE§163 3177(3),
nuua)' P ROVI D I NG FO R S EVE FAB I LI TY,P ROVI D IN G FO R RE PEAL OF INC ONS I STENT P EGA IS I ONS,P ROVI D IN G FO R FI LI NG WI TH THE SEC RETARY OF STATE,P ROVI D ING FO R IN C FITS ION IN
u Activi,ts and repuD, to T HE MO N ROE CO UNTY YEAR 2030 COM P RE HENSIVE P LAN P ROVI D ING FO R AN EFFECTIVE DATE.IF LE 2022-160)
Ru„ion media and The
Associated Press said man) Plm�e o�mme��o�en��aNWa°nerrs."""w.momoe�oamv-n.9w mr men�a9 a9eaaa aoaalg aaa mmm,al�oa re9am�a9 me.adoa:ool�oa:a.a�Ianlem me oabr�Io.�mr incline men�a9 aaaAorlo mare
0u 9en
uE Dcutrite dinfree,were inezpe-
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basic inw-,ach a,I T ical kits based
and fiakjackets thernsell and AM ASSISTANCE IIIa-arc a person with a Jisa oly wlw needs special accommotlatioas in o mparticipate in this pm d1,,,g,please 1m 1OreC Ny A——0/lice,by p—,,g(101)2g1-
did [["sole Roodug beErae 4441 LetweealAehourso/✓<30a m--5alOp m_nolat hoolux(5)alentlaitlayx pnoim Ne ttlwMuletl meHing;i/you arc lreenng of vice impaiaMall"TIT"
they were sent t0 fight Some The l<aywast citaen(xee7) Nblich rn T,oomber 29,2022
ere killed milt,da),ufbeing
raged up.