Item Y2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department. N/A
Meeting Date: October 15,2003
Bulk Item: Yes No X
AGENDA ITEM WORDING: Public hearing to adopt an ordinance amending Sections 9.5-316.1
through 9.5-318 and creating Section 9.5-319, Monroe County Code [Floodplain management
regulations] (One public hearing required)
ITEM BACKGROUND: The Planning Commission held three public hearings on the proposed
ordinance. At its September 10, 2003, public hearing, the Planning Commission recommended
approval of the proposed ordinance with six recommended revisions.
Subsequently, the Growth Management Division staff made several minor wording revisions based
on the concerns of the Planning Commission; however, the staff is unable to support the six revisions
recommended by the Planning Commission for reasons spelled out in the staff report. Therefore, the
staff is recommending approval of the proposed ordinance without the Planning Commission's six
recommended revisions.
PREVIOUS RELEVANT BOARD ACTION: Adopted Resolution 152-2003 approvmg the
Implementation Plan for Flood Insurance Inspection and Compliance Program.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATION: Approval
TOTAL COST: N/ A
BUDGETED: Yes
No
N/A
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING:Yes No X AMOUNT PER MONTH N/A YEAR
DIVISION DIRECTOR APPROVAL:
N/A
APPROVED BY: County Attorney X
DOCUMENTATION: Included
X
To follow
Not Required _
DISPOSITION:
AGENDA ITEM #:
~-
,
County of Monroe
Growth Mana~ement Division
2798 Overseas Highway
Suite 410
Marathon, norida 33050
Voice: 305.289. 2500
FAX: 305.289.2536
Board of County Commissioners
Mayor Dixie Spehar, District 1
Mayor Pro Tern Murray Nelson, District 5
Comm. Charles "Sonny" McCoy, District :~
Comm. George Neugent, District 2
Comm. David Rice, District 4
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy 1. McGarry, AICP /J7
Director of Growth Managef}ient
DATE:
September 26, 2003
SUBJECT:
Proposed Amendments to the County's Floodplain Regulations:
Chapter 9.5, Article VII, Division 6, Monroe County Code
Overview
The Board of County Commissioners (BOCC) is requested to consider the adoption of the
proposed attached ordinance amending the County's floodplain regulations. These amendments
are intended to implement revisions to the County's Implementation Plan for the Flood Insurance
Inspection and Compliance Program adopted by the BOCC in April 2003 and approved by the
Federal Emergency Management Agency (FEMA) in May 2003.
The Planning Commission has recommended approval of the proposed ordinance with several
revisions. These revisions, which are not supported by the Growth Management Division staff, are
presented in this staff memorandum under Planning Commission Recommendations and
identified in the proposed ordinance for consideration by the Board of County Commissioners.
Policy Background
In April 2003, the BOCC adopted Resolution #152-2003 on April 16, 2003, approving a revised
Implementation Plan for its Flood Insurance Inspection and Compliance Program, hereinafter
called the "Implementation Plan". [Resolution is enclosed.] The Implementation Plan was prepared
based upon the negotiations entered into with the FEMA staff and a County delegation lead by
Commissioner McCoy, the Commission's FEMA Liaison.
Upon approval by the Federal Emergency Management Agency in May 2003, of the BOCC's
adopted Implementation Plan, the Growth Management Division initiated amendments to the flood
plain regulations to implement actions called for in that document. To facilitate the review and
approval process, the Growth Management Division staff prepared its recommended revisions to
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the draft set regulations recommended by the Planning Commission for approval in October 2002.
These proposed regulations were subsequently presented to the BOCC in December 2002, but were
tabled until negotiations could be undertake with FEMA to address concerns about restrictive
covenants and stringent restraints placed on non-conforming residences required by the initial
Implementation Plan adopted by the BOCC and approved by FEMA.
Major Amendments to Regulations
The recommended revisions to the draft floodplain regulations submitted to the BOCC in
December 2002 are shown in the attached proposed ordinance as follows: new language is
underlined: and, deleted language is shown with a strike tflroligh. Where appropriate, explanatory
footnotes are provided, including any revisions made by staff in response to Planning Commission
concerns. The proposed ordinance also identifies revisions to the proposed ordinance
recommended by the Planning Commission, which are addressed in detail in the following section
of this staff report.
The most significant amendments proposed by the Growth Management Division staff are:
o Provision to allow under specific conditions alterations, expansions and non-
substantial structural improvements to the elevated portion of residential structures
with non-conforming downstairs enclosures. [Section 9.5-317 (a)(10)]
The proposed language addresses compliance issues associated with downstairs
enclosures separately from those associated with the elevated portion of the
structure. This approach is more consistent with Florida Statutes and the County
Code in the treatment of non-conforming structures than the existing regulations
under Section 9 .5-316.1 (a).
Existing Section 9.5-316.1(a) treats the entire structure as non-conforming even if
only the structure's downstairs enclosure is non-compliant. Under the County's
regulations governing non-conformities, non-substantial improvements are
generally allowed as long as the non-conforming aspect of the structure is not
further expanded.
However, in recognizing that unauthorized improvements to downstairs enclosures
may compromise the structural integrity of the structure, have a direct impact on the
level of property damage risk for both insured and uninsured properties, and create
issues concerning the County's continued eligibility to participate in the National
Flood Insurance Program, some conditions need to be applied in the permitting of
these improvements.
The first condition is the requirement for a compliance inspection of downstairs
prior to permitting of any non-substantial structural alterations and expansions to
the elevated portion of the residential structure. This inspection allows the County
to document the extent of any non-conformance for its records. [Substantial
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improvements automatically require an inspection as these improvements can not be
made without the structure coming into compliance with the floodplain regulations.]
The second condition is the requirement for submittal by a professional engineer or
registered architect of a sealed certification that any unpermitted improvements
made to downstairs enclosure within a "V" zone do not subject the elevated portion
of the structure to increased flood risk or structural damage.
In addition to the above two conditions, if the downstairs enclosure contains an
independent dwelling unit [as defined in the Monroe County-Florida Department of
Community Affairs 1998 Memorandum of Understanding] below the dwelling unit
in the elevated portion of the structure, the approval of any improvements would be
subject to the strict limitations of Section 9.5-143 [non-conforming uses], Monroe
County Code, if situated within a single family zoning district.
o Elimination of the requirement for restrictive covenants that would have allowed
the County to inspect downstairs enclosures to ensure compliance. [Section 9.5-317
(b )(1 )(1)]
The requirement for a restrictive covenant was not supported by the Board of
County Commissioners and raised legal issues that the County Attorney wanted to
avoid. This covenant is no longer necessary with the limitations placed on the area
(299 square feet or less) of enclosed downstairs enclosures with opaque wall
materials and the requirement for county approved inspections prior to property
transfer and issuance of permits for certain improvements.
As part of the ordinance amending the floodplain regulations, the County staff is
recommending the vacating of the approximately ten existing restrictive covenants
placed on properties in accordance with the amendments made to the floodplain
regulations in Ordinance 39-2000.
o Limitation on the amount of below base flood downstairs space to be enclosed with
opaque materials to 299 square feet or less and providing provisions for partial
grandfathering of existing space not meeting this standard. [Section 9.5-
317(b)(1)(i)]
This amendment reduces the likelihood and extent of the number of unpermitted
improvements and uses made to below base flood enclosures. This restriction
applies to all new construction and improvements to existing structures.
Existing below base flood enclosures not meeting this standard will not be
considered non-conforming with the provisions of the floodplain regulations, but
can not be expanded or substantially improved unless they come into compliance.
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o Provision to allow for use of non-class 4 or 5 materials above base flood elevation
in downstairs enclosures. [Section 9.5-317(b)(I)(iv)]
The Growth Management Division staff had recommended in the 2002 draft
ordinance that non-class 4 and 5 materials not be allowed in below base flood
enclosures to discourage habitable use of downstairs enclosures, even though
FEMA's Technical Bulletin 2-93 does not prohibit, but only discourages the use of
these materials in below base flood enclosures.
With the subsequent hearings on the proposed amendments and discussion of
revisions to the County's Implementation Plan for the Flood Insurance Inspection
and Compliance Program, the County Commission provided clear policy direction
to the staff that it wants the floodplain regulations to be as liberal as possible
without compromising the County's eligibility to participate in the National Flood
Insurance Program. Therefore, the staff now recommends a more liberal
applications to allow for non-class 4 and 5 materials in downstairs enclosures as
long as these materials are used above the base flood elevation.
This more liberal language follows the intent ofFEMA's Technical Bulleting 2-93,
which discourages, but does not prohibit non-water resistant material from being
applied above based flood elevation below an elevated building. This proposed
revision will make it easier and probably less expensive for owners of properties
found to be in non-compliance in the Flood Insurance Inspection Program to come
into compliance.
Although FEMA has previously indicated that it does not support this change, the
staff believes that the agency will be much more amenable to such language as the
amount of enclosed downstairs floor space will be strictly limited under the new
proposed regulations.
o Requirement for a county approved inspection of below base downstairs enclosures
to be completed prior to transfer of property. [Section 9.5-319]
This new requirement for an inspection prior to transfer of the property is intended
to accomplish a couple of policy objectives. This inspection requirement is
applicable to all elevated post-FIRM residential structures, not just ones insured
under the National Flood Insurance Program.
It allows the County to identify and track non-conformities with the floodplain
regulations. It also ensures disclosure of any non-conformities to new property
owners. It is not the intention of the County to use these inspections for code
enforcement.
At the property owner's discretion, this inspection may either be conducted by
County staff or private inspectors approved by the County Growth Management
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Division. The private inspectors will be required to take an inspection training to be
certified to do the inspections and may be subject to being removed for cause from
the approved list of inspectors as specified in the paragraph (d) of Section 9.5-319.
The inspection is required to be completed no earlier than 180 days prior to the
transfer of property. It is strictly limited to the below base flood enclosure. An
inspection report must be filed with the County and included in any property
transfer documents.
Enforcement of this provision is an issue as numerous property transfers occur in
the County with or without real estate professionals and attorneys. Rather than
establishing complex regulations, the staff is suggesting a simple enforcement
approach that restricts permitting of any improvements on property that fail to have
such an inspection until such an inspection is completed and submitted to the
County. In addition, the option is still left open for the County to bring property
owners that do not comply with this inspection requirement to come into
compliance through code enforcement proceedings.
As potential home buyers become aware of this inspection requirement, the more
they will demand such inspections prior to purchase for their own protection.
Therefore, implementation of this requirement will rely heavily on the education of
the real estate community and the public through seminars, workshops, and public
service announcements.
The effective starting date for requiring these inspections is proposed for January 1,
2004, to allow sufficient time for the County to implement a public and real estate
community education program.
Planning Commission Recommendations
After holding three public hearings on the proposed ordinance drafted by the Growth Management
Division staff, the Planning Commission unanimously recommended approval of the ordinance
with six recommended revisions. Although the staff does not support most of these revisions,
several changes have been incorporated into the proposed ordinance in response to Planning
Commission concerns as noted below and by footnote in the proposed ordinance.
The six recommended amendments to the proposed ordinance made by the Planning Commission
are presented in the following subsections, including the supporting rationale for each
recommendation and the Growth Management Division staff s concerns or response to each
recommendation.
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Page 5 of 10
#1. Section 9.5-317 (b) d. In. paee 9:
Recommendation: Change "299" square feet to "599" square feet and "300" square feet to
"600" square feet.
Rationale: The Planning Commission is concerned that the limitation of
299 square feet would eliminate the ability for a property owner to
construct an enclosed two-car garage under the elevated building.
Staff Response: The staff can't not support this recommendation, as the
"299" square foot threshold was the limit agreed upon in negotiations
with FEMA staff and approved by the BOCC in the FEMA approved
Implementation Plan. The primary reason for the threshold is to limit
opportunities for and encouragement of new unpermitted improvements
within downstairs enclosures. There are not prohibitions in the proposed
ordinance to enclosing areas of greater than 299 square feet with
latticework or screening.
Furthermore, in the opinion of the County staff, the 599 square foot
threshold is larger than necessary to accommodate a two-car garage and
entryway. A figure of 500 square feet or less would be a more
appropriate maximum. Any change in the 299 square feet would require
an amendment to the County's Implementation Plan and FEMA
approval.
#2. Section 9.5-317 (b) d. (iv). paee 9:
Recommendation: Change "299: square feet to "599" square feet and "300" square feet to
"600" square feet.
Rationale: See previous recommendation.
Staff Response: The staff can't support this recommendation for reasons stated in the
previous recommendation.
#3. Section 9.5-319 (a). paee 15:
Recommendation: Revise proposed paragraph (a) to read as follows:
Recommendation: (a) Applicability: Prior to In conjunction
with the transfer of ownership of any property occupied by an
elevated residential structure with a below base flood enclosed
area defined as "new construction" (i.e., construction commenced
on or after January 1, 1975) under this division g county approved
inspection of the below base flood enclosure shall be conducted.
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Page 6 of! 0
The required inspection shall be eOl'lduoted no earlier than sixty
(60) days prior to the transfer of the property. The intent of this
inspection, which is strictly limited to the below base flood
enclosure, is to identify for county records any non-conformities
with this division. and to diselese these 1'101'1. eOl'lformities to the
new property evmer.
Rationale: The Planning Commission believes that the 60 day window in
which the inspection must be conducted would be too
burdensome to meet for most real estate transactions. More
significantly, the Planning Commission believes that the County
should not go beyond the purpose stated for this inspection in the
approved Implementation Plan and therefore recommends that the
results of this inspection not have to be disclosed to the new
property owner. [The Implementation Plan indicates that the
inspection is solely "to provide information for recording and
monitoring improvements to downstairs enclosures subject to the
County's floodplain regulations".]
Staff Response: The staff can't support this revision. Although the Implementation
Plan may not have specifically stated that a purpose of the
inspection is to disclose non-conforming improvements made to
new purchasers of property, it is certainly provides a very valid
benefit for doing so. One of the most common complaints or
excuses made by new home buyers to the County staff concerning
improvements to their downstairs enclosure is that these
improvements came with the house when purchase and they were
unaware the improvements were not conforming with the
floodplain regulations. The requirement to disclose the results of
the inspection would better protect purchasers from purchasing
these properties without the knowledge of such non-conforming
improvements.
If the Planning Commission recommended reVlSlon to the
language is adopted, it is the staff s opinion that it would leave the
buyers totally dependent upon good legal representation to ensure
proper disclosure is made at the time of sale. It also may lead to
more litigation after property transfer, when the new buyer
becomes aware of the results of the inspection that were not
disclosed at transfer. This situation would not adequately protect
the public interest.
Therefore, if such disclosure is a valid public byproduct of this
inspection program, then it is necessary to retain language
requiring the inspection be conducted prior to purchase with a
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period of time established within which the inspection is to
conducted to ensure the inspection reflects current conditions.
However, in order to provide more flexibility in meeting this
requirement, the staff has revised the period time for the
inspection prior to the property transfer from 60 days to 180 days
in the proposed ordinance.
#4 Section 9.5-319 (e). paee 16:
Recommendation: Revised proposed paragraph (a) as follows:
e) Inspection Submittal Requirements: The original and coPY
of the inspection report, signed by the county inspector or
county approved inspector, shall be inch:lded in all agreements
f{)r deed, pill"chase agreements, leases, or other eontraets for sale
of exehange of a property v/ith an ele':ated residential structme
subject to the inspection requirements of this section. A eopy
of this inspeetion report shall be filed '.vith presented to the
growth management division. The original report and coPY shall
be filed with the growth management division.
Rationale:
This recommendation is based on the rationale for the previous
recommendation to exclude providing this inspection report to
new owners at property transfer.
Staff Response:
The staff can't support this recommendation for the same reasons
that it can't support Recommendation #3; however, the staff has
revised its proposed language to be more specific and precise
about the filing of the inspection reports.
#5 Section 9.5-319 (0. paee 16:
Recommendation: Revise proposed paragraph (e) as follows:
(f) Failure to Comply with Inspection Submittal Requirements:
Should a county-approved inspection required by this section not
be completed prior to in coni unction with the transfer of
property, no permit shall be issued for any improvements to the
structure and the property it occupies until such an inspection
reJ*ffi is completed submitted, unless the permit is required to
remedy a life safety hazard. In addition , violations of this
section may be addressed through code enforcement proceedings
as provided for under chapter 6.3.
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Rationale:
Staff Concerns:
This recommendation is based upon recommendations #3 and #4
The staff can't support this recommendation based on the similar
concerns raised for recommendations #3 and #4; however, the
staff has revised the proposed language to precisely state that an
inspection report is to be completed and submitted to the growth
management division.
#6 Section 9.5-319 h?:). paee 17:
Recommendation: Create a new paragraph (g) that reads as follows:
Rationale:
Staff Concerns:
(g) Property Rights to be Respected: It is not the intent of
these regulations that Monroe County violate any rights of
property owners with the inspection and reporting system
provided for herein. Monroe County shall not act in any manner
contrary to state law rights afforded private property owners.
The Planning Commission indicated its concerns about the
potential infringement on the rights of property owners that may
result from this inspection program and wanted some language
that such inspections can't be done contrary to State Law. One
of the Commissioners also indicated the need to place the staff
on notice that it must abide by State law.
The staff can't support this revision. This language is totally
unnecessary as the County must legally abide with all pertinent
State statutes and laws governing the rights of property owners.
In the opinion of the staff, this language, if approved,
communicates to the public a lack of confidence in the
professionalism of County staff and only perpetuates public
mistrust.
It is the staff s opinion that Recommendations #3 through #6 of the Planning Commission
can be approved as revised language by the BOCC, if it so chooses, without revising the
Implementation Plan; however, Recommendations #1 and #2, concerning a change in the
maximum amount of enclosed floor area allowable, would require a revision to the
Implementation Plan and approval by FEMA.
Findings and Recommendations
The Growth Management Division finds that the proposed amendments are consistent with the
Monroe County Year 2010 Comprehensive Plan, Chapters 163 and 380, Florida Statutes, and the
Implementation Plan for the Flood Insurance Inspection and Compliance Program adopted by the
Board of County Commissioners and approved by the Federal Emergency Management Agency.
\ \GMD0059\tim\DOCUMENT\Floodplain\boccstaffmemo-oct.doc
Page 9 of 10
The staff recommends that the Board of County Commissioners adopt the ordinance as proposed
by staff without the six amendments recommended by the Planning Commission.
Attachments
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Page 10 of 10
RESOLUTION 152_2003 -
A RESOLUTION AMENDING RESOLUTION NO. 187-2002 OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
APPROVING A REVISED IMPLEMENTATION PLAN FOR THE
FLOOD INSURANCE INSPECI'lON AND COMPLIANCE PROGRAM
FOR SUBMITTAL TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY
WHEREAS, the Board of County Commissioners ("BOCC") adopted Resolution No.
187-2002 on April 17, 2002, approving a revised remedial plan for submittal to the Federal
Emergency Management Administration (FEMA), called the "Implementation Plan for Monroe
CountY Flood Insurance Inspection and Compliance Program" to meet one of the requirements
identified in a letter from FEMA's Region IV Director, dated January 14,2002; and,
WHEREAS, the revised "Implementation Plan for Monroe County Flood Insurance
Inspection and Compliance Program" was subsequently approved by FEMA; and,
WHEREAS, as required in revised implementation plan, the County through the offices
of State Representative Ken Sorenson, requested, but was unable to obtain any relief from the
Florida Legislature to amend provisions of the Florida Statutes barring the County from directly
bringing non-compliant downstairs enclosures with non-compliant improvements of more than
four-years old into compliance; and,
WHEREAS, the Growth Management Division staff prepared draft amendments to the
County's floodplain regulations in accordance with the implementation plan; and,
WHEREAS, significant legal and political concerns regarding the proposed amendments
to the existing floodplain regulations were raised during the public hearing procc:ss, particularly
requirements for the imposition of restrictive covenants to allow County compliance inspections;
and,
WHEREAS, the Board of County Commissioners tabled the adoption of the proposed
amendments and directed the County Growth Management Division staff in coordination with the
Commission's FEMA Liaison and County Attorney to prepare an alternative approach that meets
FEMA's concerns about the enforceability of the County's floodplain regulations; and,
WHEREAS, a County delegation headed by the Commission's FEMA Liaison met with
FEMA Region IV officials on March 18,2003, and received tentative approval from FEMA for
the County's alternative proposal;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
Section 1. The BOCC hereby amends Resolution No. 187-2002, by replacing Exhibit 1,
"Implementation Plan for the Monroe County Flood Insurance Inspection and Compliance
Prograxp", with a new Exhibit 1 which is attached hereto.
Section 2. The County Administrator is directed to expeditiously transmit this Resolution
and attached exhibit to the Region IV Office ofFEMA.
C:\Documents and Settings\kkc\Local Settings\Temporary Internet Files\OLK6\resolutionimplan2.doc
Section 3. The Growth Management Division staff is directed to prepare new
amendments to the County's floodplain regulations based on Exlnbit I and re-initiate the process
for consideration of these text amendments starting with the Planning Commission.
PASSED AND ADOPTED Board of County Commissioners of Monroe County at a
regular meeting of said Board held on the If? day of April, A.D., 2003.
.<5!::.:~:C:c,:"", Mayor Dixie Spehar
/.... ....'. ~'j~3~;~~;' Mayor Pro Tem Murray Nelson
.... .,. ~f0.\ I.. Commissioner Charles "Sonny" McCoy
.' . t. .~. ~ ~'l~"~ Commissioner George Neugent
. '. ..... '.".;~. .',Jr;. '. Commissioner David Rice
(sri~~~.'~~ ~~~t'
.....'f)">..... ~. .
A TIE ';., . Kolbage, Clerk
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yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:~l~ mJ;~
Deputy Clerk
By:
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Mayor/Chairman
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C:\Documents and Settings\kkc\Local SettingS\Temporary Internet Files\OLK6\resolutionimplan2.doc
EXHIBIT 1
REVISED IMPLEMENTATION PLAN FOR
THE MONROE COUNTY
FLOOD INSURANCE INSPECTION AND
COMPLIANCE PROGRAM
Flood Insurance Inspection Program
o Prior to March 14, 2002, the Growth Management Division staff submitted a
complete list of the names and addresses of owners (policy holders provided by
FEMA) of all structures less than four years old that may contain possible
violations of the County's floodplain regulations to the Federal Emergency Flood
Insurance and Mitigation Division (FEMAfNFIP).
o In June, 2002, the County Growth Management Division staff began submitting
monthly to FEMAfNFIP, the names and addresses of approximately-50 owners
(policy holders) of structures with possible conflicts with violations of the
County's floodplain regulations. The compiled lists are being sent to FEMA~
starting with the newest structures working back through to the oldest structures.
o The County's Building and Code Enforcement staff is conducting inspections and
implementing the Flood Insurance Inspection and Compliance Program as
outlined in the Federal Register. [As of March 21, 2003, the County staff has
conducted 54 inspections, identified 27 structures with code conflicts and brought
7 structures into compliance with the floodplain regulations.]
o As an element of the inspection program, the County staff is collecting and
recording the amount and number of flood insurance claims submitted for each
inspected structure to be supplemented by data produced from County required
inspections and property tax records. [This information will be used for
calibrating and updating the flood damage model and to assist underwriters in
setting insurance rates for structures with downstairs enclosures.]
Florida Keys Flood Damage Model
At the County's request, FEMA had its engineering consultant complete an
evaluation of the validity and accuracy of the existing Flood Insurance Study (FIS) and
Flood Insurance Rate Map (FIRM) for Monroe County and found them to be technically
valid and accurate. As more updated information becomes available from the County's
Flood Insurance Inspection program, compliance inspections, and the property tax
records, FEMA is requested to use this information in the recalculation of insurance risk
assessments and rates.
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Page 1 of5
Remediation of Non-conforming Structures Including Those Older than Four Years
o As agreed upon in its initial Implementation Plan for the Flood Insurance
Inspection and Compliance Program, Monroe County through State
Representative Ken Sorenson did attempt to seek legislative relief from the statute
of limitations barring code enforcement prosecution of violations of the County's
floodplain regulations more than four years old; however, the County was
rebuffed by the Legislature's General Counsel and Director of Bill Drafting.
For the foreseeable future the statute of limitations is not going to be modified by
an act of the Florida Legislature. As such, any structures with unpermitted
improvements of more than four years old are considered by judicial ruling to be
"defacto" non-conforming. Therefore, any efforts on the County's part to bring
these non-conforming structures into compliance must be consistent with
provisions of Section 95.11(3), Florida Statutes.
o The County's inspection program includes of all post-FIRM structures, even those
structures with unpermitted improvements more than four-years old. The County
Commission and its Growth Management Division staff believe that a significant
percentage of structures with unpermitted, non-conforming below base flood
elevation improvements will voluntarily come into compliance through this multi-
year flood insurance inspection program.
As these structures with potential unpermitted improvements that conflict with the
floodplain regulations are identified by the County staff through the flood
insurance inspection program, the County will provide a list to FEMA of those
structures. If the owners of these structures refuse the inspection, their insurance
may not be renewed by their insurer.
The property owner of any structure inspected by the County that is determined to
have an unpermitted improvement will have six months, if the violation is more
than four years old, or two months, if the improvement is less than four years old,
to obtain a permit to bring the structure into compliance. If the owner of a
property with an identified conflict with the code chooses not to obtain the permit
by the deadline established above, or obtains the permit but no approved final
inspection occurs within 60 days after issuance of the permit, the County will
pursue one of the following actions as applicable:
1) If the violation is less than four-years old, the County will expeditiously
pursue code enforcement action and will formally submit a declaration for
denial of the property owner's insurance to FEMA pursuant to Section
1316 of the National Flood Insurance Act if the structure is not brought
into compliance.
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Page 2 of5
2) If the violation is beyond the four-year statute of limitations, the County
will submit a declaration for denial of the property owner's insurance to
FEMA pursuant to Section 1316 of the National Flood Insurance Act.
o In situations where an unpermitted improved downstairs enclosure is found to be
occupied by a very low to moderate income household during the Flood Insurance
Inspection and Compliance Program, the County will provide the opportunity for
the property owner to apply for additional compliance time in accordance with the
FEMA approved "Plan and Procedures for Allowing an Extension from
Compliance Deadlines under the Monroe County Flood Insurance Inspection
Program for Eligible Non-compliant Below Base Flood Enclosures Used for
Affordable Housing" adopted by Board of County Commissioners' Resolution
#397-2002.
Actions to Ensure No New Additional Non-conforming Structures
o Although the County is currently limited by the four-year statute of limitations as
to code enforcement action, the County through its County Growth Management
Division will implement the following actions, consistent with the Florida
Statutes, to ensure that any new conflicts with the floodplain regulations are
resolved in a timely manner and do not become subject to the four-year statute of
limitations barring code enforcement prosecution:
1) Amend the existing floodplain regulations and appropriate sections of the
County Code to require that any residential structure having a downstairs
enclosure with an opaque wall covering have a County compliance
inspection prior to transfer of property or prior to the issuance of a
building permit for any structural alteration or expansion of the elevated
portion of the structure; and to provide that such inspections required prior
to the transfer of can be conducted, at the discretion of the property owner,
by either the County staff or a registered architect or professional
engineer. [The requirement for an inspection prior to the transfer of
property does not also require that the property be brought into
compliance prior to transfer or, subsequent to transfer; however, if the
unpermitted improvement is less than four years old, it may be subject to
code enforcement action (see No.5). The sole intent of this inspection is
to provide information for recording and monitoring improvements to
downstairs enclosures subject to the County's floodplain regulations. This
inspection is not intended to be used to identify or prosecute any other
unpermitted improvements that are not subject to the floodplain
regulations. ]
2) Amend the existing floodplain regulations to specifically require that the
issuance of any permit to a downstairs enclosure, other than a demolition
permit or a permit to remedy a life safety hazard, be contingent upon
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bringing the downstairs enclosure into compliance with the floodplain
regulations.
3) Amend the eXIstmg floodplain regulations to allow the expansion or
structural alteration of the elevated portion of any residential structure
non-conforming with the floodplain regulations contingent upon the
following conditions as appropriate: a) the improvement is not substantial
as defined under the floodplain regulations; b) a pre-permitting inspection
is completed by the County to document the extent of the non-conformity;
and, c), if within a "V" zone, the submittal of a professional engineer's or
registered architect's sealed certification that the non-conforming
improvements to the downstairs enclosure do not subject the elevated
portion of the structure to increased structural damage.
4) Conduct required inspections of downstairs enclosures as stipulated III
Actions # 1-#3 above.
5) Continue to vigorously pursue code enforcement action for violation of the
County floodplain regulations through code enforcement and the normal
permitting process, including prosecution of owners of structures, where
property tax records and/or evidence from inspections provide probable
cause of a violation that is less than four years old.
6) Request that FEMA provide the County with a "Submit to Rate" for any
applications for new flood insurance policies on previously uninsured
properties with a possible violation, so that the County may pursue
compliance under code enforcement proceedings, if the violation is less
than four years old, or if older than four years, through a Section 1316
declaration.
7) Amend the existing floodplain regulations to only allow enclosing with
opaque materials of downstairs enclosures of 299 square feet or less in
area.
8) Request the Monroe County Appraiser to provide the County Growth
Management Division with an annual update by residential property
owner from the County property tax records of the changes in the
habitable floor area of downstairs enclosures, if feasible and practical.
9) Identify and compile for Monroe County's flood insurance inspection and
compliance program a list of all structures that fail to come into
compliance and submit a quarterly progress report to FEMA beginning
July, 2003.
10) Evaluate Monroe County's Flood Insurance Inspection and Compliance
Program by June 2004, and if necessary, develop and implement further
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Page 4 of5
remedial actions with FEMA's approval, to ensure enforcement of the
County's floodplain regulations.
The County Growth Management Division staff has the sufficient resources to implement
the above program over a six year period.
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Page 5 of5
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 9.5-316.1, 9.5-316.2, AND
9.5-317, AND CREATING SECTION 9.5-319, MONROE COUNTY
CODE [FLOODPLAIN MANAGEMENT REGULATIONS]; PROVIDING
FOR REORGANIZATION; PROVIDING FOR DEFINTIONS; PROVIDING
FOR REVISIONS TO REGULATIONS REGARDING RESIDENTIAL
NONCONFORMING STRUCTURES; PROVIDING FOR INSPECTIONS
UPON TRANSFER OF RESIDENTIAL PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE FOR ORDINANCE
WHEREAS, the Board of County Commissioners adopted Ordinance 2-1974 that established
floodplain management regulations for Monroe County to allow the County to participate in the
National Flood Insurance Program; and,
WHEREAS, the County's floodplain management regulations were last amended by Ordinance
39-2000; and,
WHEREAS, the Implementation Plan for the Monroe County Flood Insurance and Inspection
and Compliance Program ("lmplementation Plan"), approved by the Federal Emergency
Management Agency ("FEMA") in April 2003, required further amendments to the County's
floodplain management regulations; and,
WHEREAS, draft amendments to the floodplain management regulations proposed by staff for
consideration by the Board of County Commissioners in response to the FEMA approved
Implementation Plan, were tabled so that the County FEMA Liaison and staff could negotiate with
FEMA staff, revisions to the Implementation Plan; and,
WHEREAS, these negotiations with FEMA staff resulted in the preparation of a revised
Implementation Plan approved by the Board of County Commissioners in Resolution 152-2003 on
April 16, 2003, and FEMA on May 22, 2003; and,
WHEREAS, the Growth Management Division with review and input from the County Attorney's
office has prepared amendments to the existing floodplain regulations to implement the approved
revised Implementation plan; and,
WHEREAS, the Monroe County Planning Commission sitting as the local planning agency, after
due notice and public participation, has reviewed the proposed amendments and recommends
approval with revisions; and
WHEREAS, the Board of County Commissioners has examined the proposed amendments to the
floodplain management regulations; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of
the Planning Commission and recommendations of the Growth Management staff; and
Revised 9/25/03
Page 1 of 18
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WHEREAS, it is the desire of the Board that the following amendments to the land development
regulations be approved, adopted and transmitted to the state land planning agency for
approval:
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, THAT:
Section 1.
Sections 9.5-316.1 and 9.5-316.2, Monroe County Code, are amended to read as
follows (additions and deletions to the January 2003 proposed ordinance are shown in
an underline and strikethrough format):
Sec. 9.5-316.1. General provisions.
(a) Applicability: Exceot as orovided for the elevated oortion of a
nonconforminq residential structure by sec. 9.5-317(a)(101. Nno structure or
manufactured home hereafter shall be located, extended, converted or structurally
altered without full compliance with the terms of this division in addition to other
applicable regulations of this chapter.
(b) Adoption of Maps: The areas of special flood hazard identified by the
Federal Emergency Management Agency (FEMA) in its Flood Insurance Study and
Wave Height Analysis for Monroe County, Florida, Unincorporated Areas, dated
October 17, 1989, or the most current official maps approved by FEMA, with
accompanying maps and other supporting data, and any revisions thereof, are
adopted by reference and declared to be a part of this division, and shall be kept on
file, available to the public, in the offices of the county planning development.
(c) Rules for Interpreting Flood Hazard Issues: The boundaries of the flood hazard
areas shown on the official flood insurance rate maps may be determined by scaling
distances. Required interpretations of those maps for precise locations of such
boundaries shall be made by the Floodplain Administrator, in consultation with the
building official. In interpreting other provisions of this division, the building official shall
be guided by the current edition of FEMA's 44 CFR, and FEMA's interpretive letters,
policy statements and technical bulletins as adopted by resolution from time to time
by the board of county commissioners. Additionally, the building official shall also
obtain, review and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source, as criteria for requiring that new
construction, substantial improvements, and other developments meet the criteria
required in the appropriate flood zone.
Sec. 9.5-316.2. Permit requirements.
(a) Exceot for work soecifically exemoted under chaoter 6.0, the county
building official shall require building permits for all proposed construction or other
improvements within areas of special flood hazard.! In addition to the standard
requirements for a building permit, an application for a building permit for construction
or improvements within areas of special flood hazard shall contain the information and
certifications set forth in a form provided by the director of planning.
I This section is clarified to reference exemptions for normal maintenance and ordinary repair of a fair market value of
$1,000 or less.
Revised 9/25/03 Page 2 of 18 Initials_
(b) All building foundations shall rest directly on natural rock. on concrete piling
driven to rock or on friction piling (concrete or wood) and shall be anchored to such
rock support by holes. sixteen (16) inches in minimum diameter, augured into said rock
a minimum depth of three (3) feet and reinforced by a minimum of four (4) number
five (#5) vertical rods extending up into the piers above a minimum of eighteen (18)
inches and tied to the vertical steel of the pier. Wooden oilinas shall be locked into
sixteen (16) inch auaer foundations by at least a number five (#5) rebar extendinq
throuah the oilinq and three (3) to five (5) inches beyond. 2
(c) The developer oermit holder shall provide a floor elevation after the lowest
floor is completed or, in instances where the structure is subject to the regulations
applicable to coastal high-hazard areas. after placement of the lowest horizontal
structural members of the lowest floor. Floodproofing certification shall be provided
prior to a certificate of occupancy or prior to final inspection.
(d) Within twenty-one (21) calendar days of establishment of the lowest floor
elevation, or upon placement of the lowest horizontal structural members of the lowest
floor, whichever is applicable. it shall be the duty of the permit holder to submit to the
building official a certification of the elevation of the lowest floor or the lowest portion
of the lowest horizontal structural members of the lowest floor. whichever is applicable,
as built in relation to mean sea level. Such certification shall be prepared by or under
the direct supervision of a registered land surveyor or professional engineer and
certified by same. When floodproofing is utilized for a particular building. the
certification shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. Any work done within the twenty-one-
day period and prior to submission of the certification shall be at the permit holder's
risk. The building official shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected by he permit holder
immediately and prior to further progressive work being permitted to proceed. Failure
to submit the surveyor failure to make the corrections required hereby shall be causes
to issue a stop-work order for the project.
(e) Warning and Disclaimer of Liability: The degree of flood protection required
in this division is reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man made or natural causes. This division does not imply
that land outside the areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This division shall not create liability on the
part of Monroe County or any officer or employee thereof for any flood damages that
result from reliance on this division or any administrative decision lawfully made
thereunder.
(f) Definitions: The words and phrases used in this division shall have the
meanings prescribed in this chapter. except as otherwise indicated as follows:
Alteration means any change or modification in construction type. materials. or
occupancy.
Development means any manmade change to improved or unimproved real
estate, including but not limited to buildings or other structures. mining. dredging.
2 This section moved from deleted section 6-16.1 (7) 1302.9 footings and foundations. Additional revisions made to that
language to clarify requirements.
Revised 9/25/03 Page 3 of 18 Initials_
Revised 9/25/03
filling, grading. paving. excavation or drilling operations or storage of equipment
or materials.
Elevated Building means a non-basement building which has its lowest elevated
floor raised above ground level by foundation walls, shear walls. posts, piers.
pilings, or columns.
Enclosure means that portion of an elevated building below the lowest elevated
floor that is either partially or fully shut in by rigid walls and used solely for limited
storage, parking or entryways. Enclosures shall not be constructed. equipped or
used for habitational purposes.
Existing Construction means structures for which the start of construction
commenced before the effective date of the floodplain management
regulations adopted by the community January 1, 1975. Existing construction is
also known as pre-FIRM structures.
Existing Manufactured Home Park means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots. the
construction of the streets, and either final site grading or the pouring of
concrete pads is completed before the effective date of the floodplain
management regulations adopted by the community January 1. 1975 and in
which, at the time of application. there are no site built residences or the park or
subdivision is limited to manufactured homes by this chapter.
Finishing Materials means anything beyond basic wall construction pursuant to
FEMA Technical Bulletin 2-93, which is normally associated with habitable space.
Finishing materials include but are not limited to ceiling mold. trim, baseboards,
decorative finish work. wainscoting. and textured woods.
Limited storage means the storage of items not subject to damage by water or
exposure to the elements such as lawn mowers, rakes, wheelbarrows and similar
outdoor equipment. Limited storage does not apply to household items. indoor
furniture, personal property, tools or other equipment vulnerable to damage by
floodwaters.
Manufactured Home means a structure. transportable in one (1) or more
sections, which is built on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities. The
term also includes park trailers. travel trailers, and similar transportable structures
placed on a site for one hundred eighty (180) consecutive days or longer and
intended to be improved property.
Market Value means the Monroe County Property Appraiser's depreciated value
of the structure plus twenty (20) percent. A cost approach appraisal for
determination of market value submitted by the applicant may be used if the
County Building Official considers such cost approach appraisal consistent with
local construction costs. Where a cost approach appraisal is not accepted by
the staff because it appears to be inconsistent with local construction costs an
applicant may request review by an independent third party appraiser duly
authorized by the County. The cost of independent review shall be borne by
the applicant. The reviewing appraiser shall determine if the appraisal value
cost approach reasonably reflects an appropriate value of the structure. The
Page 4 of 18
Initials_
independent appraiser's determination shall be in writing. Professionals preparing
a cost approach appraisal shall be required to possess certifications as State
Certified Residential Appraisers for appraising one to four family residential
properties and State Certified General Appraisers for all other properties
including commercial and multi residential. Copies of all certified appraisals
shall be forwarded to the office of the county property appraiser.
New Construction means those structures for which the "start of construction"
commenced on or after the effective date of the floodplain management
regulation adopted by the community which is January 1, 1975. New
construction is also known as post-FIRM structures.
Nonconforming means a structure, improvement or other development
authorized by benefit of a permit, which is not fully compliant with the terms of
this division. 3
Pure Manufactured Home Park means a Manufactured Home Park which at the
time of application has no site-built residences or a park or subdivision which is
limited to manufactured homes only by this chapter.
Recreational Vehicle means a vehicle which is: (a) built on a single chassis; (b)
400 square feet or less when measured at the largest horizontal projection; (c)
designed to be self propelled or permanently towable by a light duty truck; and
(d) designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
Start of Construction means (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act) the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement or other improvement was
within 180 days of the permit date. For substantial improvements the actual start
of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building whether or not the alteration affects the external
dimensions of the building.
Substantial Damage means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition
would equal or exceed 50 percent of the market value of the structure before
the damage occurred. Damage of any origin includes but is not limited to
demolition in preparation for improvements, deterioration due to lack of
maintenance and repair and exposure to the elements and damage by acts of
God.
Substantial Improvement means any repair, reconstruction, rehabilitation,
addition, or other improvement the cost of which equals or exceeds 50 percent
of the market value of the structure either (a) before the improvement or repair is
started, or (b) if the structure has been damaged and is being restored, before
the damage occurred. This term includes structures that have incurred
"substantial damage" regardless of the actual repair work performed. The term
does not include either:
3 The language has been revised from January 2003 draft to eliminate any differentiation between noncompliant
unpermitted and permitted improvements.
Revised 9/25/03 Page 5 of 18 Initials_
(1 ) Any project for improvement to correct existing violations of state or local
health, sanitary or safety code specifications which have been identified
by local code enforcement officials and which are the minimum necessary
to assure safe conditions or;
(2) Any alteration of a historic structure provided that the alteration will not
preclude the structures continued designation as a historic structure.
Substantial improvements only apply to structures whose initial construction
began prior to January 1, 1975 (pre-FIRM) or structures rendered
noncompliant to the elevation requirements because of a change in Flood
Insurance Rate Maps (FIRMs).
Violanon means a structure, uso or other development or improvement
commenced without benefit of a permit. 4
Section 2.
Section 9.5-317, Monroe County Code, is amended to read as follows (additions and
deletions to the January 2003 proposed ordinance are shown in an underline and
strikethrough format):
Sec. 9.5-317. Standards for issuance of building permits in areas of special flood
hazards.
(a) Generally: No building permit for proposed construction within an area of
special flood hazard shall be granted unless the proposed construction is in
compliance with the standards set forth in this division. In all areas of special flood
hazard, the following standards apply:
(1) All new construction and substantial improvements shall be adequately
anchored by pilings or columns to prevent flotation, collapse or lateral
movement of the structure.
(2) All applications deemed substantial or nonsubstantial must be approved
by the floodplain administrator, director of growth management, or the
building official/director.
(3) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(4) All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
(5) All new or replacement water supply systems shall be designed and
constructed by methods and practices that minimize flood damage.
(6) All new or replacement sanitary sewage systems shall be designed and
constructed to minimize or eliminate infiltration of floodwaters into the
system and discharge from the system into floodwaters. Joints between
sewer drain components shall be sealed with caulking, plastic or rubber
gaskets, and all manhole covers shall be sealed in as similar manner.
4 With the revised Implementation Plan the need to differentiate non-conforming improvement or uses from unlawful
ones is no longer required.
Revised 9/25/03
Page 6 of 18
Initials_
(7) On-site waste disposal systems shall be located and constructed to
minimize or eliminate damage to them and contamination from them
during flooding.
(8) Any alteration, repair, reconstruction or improvement to a structure which
already is in compliance with the provisions of this division shall meet the
requirements of new construction as contained in this division.
19) Nonconforming uses and construction below elevated post-FIRM buildings
may not be expanded or improved or repaired from damages of any origin
and no buildina oermit shall be issued for any imorovements to below base
flood enclosures. other than for demolition or a oermit to remedy a life
safety hazard, unless the structure is brouaht into comoliance with this
division.5
(101 The elevated oortion of any nonconformina structure may be extended,
exoanded, or structurally altered uoon meetina the followina conditions:6
a. The imorovement is not substantial as defined under in this division;
and.
b. Prior to aooroval and issuance of the buildina oermit for construction of
the orooosed imorovement, the arowth manaaement division staff shall
comolete an insoection of the below base flood enclosed area to
document the extent of any non-conformity; and.
c. If the structure is located within a V-zone. orior to the issuance of a
buildina oermit. the oermit aoolicant shall submit a orofessional engineer's
or reaistered architect's sealed certification that the imorovements to the
non-conformina structure do not subiect the elevated oortion of the
structure to increased flood risk or structural damaae.
(11) No manmade alteration of sand dunes, dune ridge, mangrove stands or
wetlands shall be allowed which would increase potential flood damage.
(12) All new construction shall be located landward of the reach of mean high
tides.
(13) All agreements for deed. purchase agreements, leases, or other contracts
for sale or exchange of lots within areas of special flood hazard shall carry
the following flood hazard warning prominently displayed on the
document:
FLOOD HAZARD WARNING
5 This revised language provides some exemptions from the prohibition in permitting of improvements to downstairs
enclosures which are not in compliance with the floodplain management regulations.
6 This language is based on the revised Implementation Plan negotiated with FEMA. This new language allows elevated
residential structures with nonconforming structures to be structurally altered and expanded without requiring the entire
structure to come into compliance as is currently required under the floodplain management regulations. It requires an
inspection by the County of that downstairs enclosure prior to issuance of the permit. If the structure is in a "V" zone a
sealed certification from an engineer or architect is also required prior to permit issuance.
Revised 9/25/03 Page 7 of 18 Initials_
This property may be subject to flooding. You should contact the
county growth management division and obtain the latest information
regarding flood elevations and restrictions on development before
making use of this property.
(b) Additional Standards: In all areas of special flood hazard where base flood
elevation data has been provided the following provisions are required:
(1) Residential construction:
a. New construction or substantial improvement of any residential structure
shall have the lowest floor for zones A 1-30, AE and AH or bottom of the
lowest supporting member for zones V 1-30, VE or V elevated at or above
the base flood elevation level.
b. Electrical and mechanical equipment servicing an elevated structure
must be elevated at or above the required base flood elevation.
Elevators may be placed below the required base flood elevation,
although the mechanical and electrical equipment serving the elevator
must be elevated at or above the required base flood elevation.
c. Sewer and storm drainage systems, which extend below the base flood
elevation, shall be provided with automatic backflow prevention valves
or devices installed at the point where the line passes an exterior wall or
slab.
d. Except as noted in paragraph 7 of this subsection (b), the space below
the lowest floor of an elevated structure shall be used exclusively for
parking of vehicles, elevators, limited storage or building access
purposes. Such spaces may be enclosed under the following conditions:
ilL.Except for enclosures that are enclosed with lattice or screen, new
enclosures and the expansion or alteration of existing enclosures
below or lateral to elevated buildings shall require a restrictive
covenant in a form appro'led by the Planning Commission. 't'/here an
existing enclosure is found to have unlawful improvements non
compliant with this division, a restrictive covenant shall also be
required as a condition for the issuance of a permit to bring the
enclosure into compliance. The restrictive covenant shall allow the
County to conduct inspections of the subject enclosure to ensure
compliance with this division at least once every four years or upon
probable cause that a violation exists. 7
(i) Only a maximum of 299 sauare feet of the space shall be enclosed
with ooaaue materials. Any remainina oortion of an enclosed area of
more than 299 sauare feet shall only be enclosed with screen or
lattice. Areas of 300 sauare feet or more, enclosed with ooaaue
materials, existinq on the effective date of this ordinance, shall be
deemed conforminq as to the orovisions of this oaraqraoh; however
7 This amendment eliminates the requirement for a restrictive covenant, particularly as the amount of enclosed area with
opaque covering is limited to 299 square feet or less in subparagraph ( i).
Revised 9/25/03 Page 8 of 18 Initials_
such enclosures shall not be expanded or substantially improved
unless they are brouaht into compliance with this division.8
#1 Plannina Commission Recommendation: Change "299" square feet to
"599" square feet and "300" square feet to "600" square feet.
(ii) Walls of any enclosed area must be designed and constructed in a
manner to prevent flotation, cOllapse and lateral movement of the
structure.
(Hi) The walls of any enclosed area below the base flood elevation in
zones A 1-30, AH and AE on the community FIRM shall be provided
with openings such as vents, louvers or automatic valves which permit
the level of floodwaters within the enclosed area to match the rising
and falling of floodwaters on the outside of the structure. A minimum
of two (2) openings located on separate walls shall be provided
having a minimum total net area of one (1) square inch for each
square foot of enclosed area, where the enclosed area is calculated
by outside dimensions. Openings shall be situated such that the
bottom of each opening is no higher than one (1) foot above finished
grade.
(iv) Interior walls, ceilings and floors in enclosures of 299 sauare feet or less
may be finished with a class 4 or 5 exterior finish in accordance with
FEMA Technical Bulletin 2-93. Technical Bulletin 2-93 limits the finish to
basic wall ceiling and floor construction. OPTION 2:This is meant to
exclude the use of materials and finishes normally associated with
livina areas constructed above base flood elevation from those areas
of the enclosure located below the base flood elevation.9
#2 Planning Commission Recommendation: Change "299" square feet to
"599" square feet or less.
OPTION J: This is meant to exclude the use of materials and finishes normallv
associated with Iivina areas constructed above base flood elevation.
(v) The interior portion of an enclosed area below an elevated building
may not be partitioned except that garages may be separated from
storage and entryway. In the event an existing enclosure is enlarged,
the walls between the existing enclosure and the additional
enclosure must be deleted. Enclosed areas below an elevated
building and laterally attached enclosed areas below base flood
elevation_must be void of utilities that would service the enclosure
and cannot be temperature controlled.
(vi) Necessary electrical switches for required lighting circuits may be
located below the base flood elevation provided they are of the
8 This provision "grandfathers" existing enclosures of 300 square feet of more of area, but restricts their expansion and
substantial improvement.
9 To provide for more liberal regulations, the staff is recommending selection of Option 2 rather than Option 1, the
option which the staff had initially supported in the December 2002, draft ordinance.
Revised 9/25/03 Page 9 of 18 Initials_
Revised 9/25/03
outdoor water-resistant variety on a separate ground-fault protection
circuit breaker and do not exceed the minimum number required by
law. Except for one GFI, electrical receptacles shall not be located
below the base flood elevation.
(vii) Walls constructed entirely of wood lattice work or screen mesh shall
be considered as satisfying the requirements of subsections (ii) and (iii)
above and b.(5) i.
(viii) The area enclosed below the base flood elevation shall not be used
for human habitation.
(ix) Except as noted in (b) (1) b. and d. (vi) of this subsection or required by
an applicable code no electrical, mechanical or plumbing may be
located below the base flood elevation.
(2) Nonresidential construction:
a. New construction or substantial improvements of any commercial.
industrial or other nonresidential structures within zones A 1-30, AE and AH
on the community's flood insurance rating map (FIRM) shall have the
lowest floor (including basement) elevated to or above the base flood
level or, together with attendant utility and sanitary facilities, be designed
so that below the base flood level the structure is water-tight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Where a nonresidential
structure is intended to be made watertight below the base flood level, a
registered professional engineer or architect shall develop and/or review
structural design specifications and plans for the construction and shall
certify that the design and methods of construction are in accordance
with accepted standards of practice for meeting the applicable
provisions contained herein. A record of such floodproofing certification
which shall include the specific elevation (in relation to mean sea level)
to which such structures are flood proofed shall be provided to the
building department. Wet flood proofing is not acceptable. New
construction or cumulative substantial improvements of any commercial,
industrial or other nonresidential structures within zones VI-30, VE or V shall
have the lowest floor, including the basement, elevated to or above the
base flood elevation.
b. Enclosed areas below an elevated structure at grade elevation for
nonresidential, commercial or industrial uses shall be permitted for limited
storage or parking purposes provided that they are anchored to prevent
flotation, collapse or lateral movement of the structure and do not
exceed three hundred (300) square feet of enclosed area and are in
accordance with the requirements of subsection 9.5-317(b)(5)g. for V
zones or subsection 9.5-317(b)(1)d.(i) through (ix) for A zones. Plans for
such structure shall be submitted to the building official for approval prior
to construction
Page 10 of 18
Initials_
(3) Accessory structures:
a. Residential accessory structures: Any prefabricated light metal structure,
which meets the following criteria, may be permitted in A or V-zones if:
(i) The enclosed area is one hundred and fifty (150) square feet or less;
(ii) The fair market value is five hundred dollars ($500.00) or less;
(iii) The use is limited to storage accessory to a residence; and
(iv) The structure is properly anchored.
Accessory light metal structures which exceed the one hundred and fifty
(150) square feet of enclosed space threshold or concrete or wood
accessory structures built on site regardless of size or value may be
permitted if they meet all of the criteria outlined in subsection 9.5-
317(b)(1 )d. of this division or for V zones the criteria set forth in subsection
9.5-317(b)(5) g. of this division.
b. Nonresidential accessory structures: All nonresidential accessory
structures, or enclosed areas, which meet the following criteria, may be
permitted if:
(i) The enclosed area is three hundred (300) square feet or less:
(ii) The use is restricted to limited storage and parking only;
(iii) They meet the breakaway wall standards outlined in subsection 9.5-
317(b)(5) i. for V zones or the venting requirements outlined in 9.5-
317(b)(l)d.(iii) forA zones;
(iv) They meet the other requirements as outlined in subsection 9.5-
317(b)(l) d; and 10
(v) The structures are properly anchored.
Accessory structures in an A-zone which exceed the three hundred (300)
square feet of enclosed space threshold may be permitted if they meet
the flood-proofing criteria outlined in subsection 9.5-317(b)(2)a. of this
division. Accessory structures in a V-zone which exceed the three
hundred (300) square feet of enclosed space threshold, are strictly
prohibited.
(4) Manufactured homes:
a. Effective June 1, 1977, no manufactured home not already in place shall
be placed within areas of special flood hazard except in an existing
manufactured home park or subdivision, as hereafter defined. In the
event that the Federal Emergency Management Agency eliminates the
existing manufactured home park or subdivision requirement of 44 C.F.R.
10 To be consistent but not repetitive with language in Section 9.5-317(b)( 1 )d.
Revised 9/25/03 Page 11 of 18
Initials_
Revised 9/25/03
60.3(c)(12), then no manufactured home may be placed below the base
flood elevation.
b. A manufactured home that is to be placed on a qualified lot may be
placed at an elevation below base flood elevation provided that:
(i) The lot on which the manufactured home is to be placed is located
in an existing manufactured home park or subdivision and is
contiguous to and surrounded by manufactured homes not at base
flood elevation.
(ii) The manufactured homes that are placed or substantially improved
(for other than substantial damage due to a flood) on sites in existing
manufactured home parks or subdivision in flood hazard areas shall
be elevated so that the manufactured home chassis is supported by
reinforced piers or other foundation elements that are no less than
thirty-six (36) inches in height above the grade at the site. A lower
foundation system could be used if the top of the finished floor of the
manufactured home or the bottom of the beam (for V zones) would
be at or above the base flood elevation using such foundation.
(iii) All other foundations requiring elevation of the structure in order to
meet the floodplain standards must comply with Section 9.5-316.2. (b),
the provisions of subsection 9.5-317(b)(5) or Chapter 18 of the Florida
Building Code whichever is applicable.
c. No solid walled additions may be added to a manufactured home unless
the addition is constructed under HUD (Department of Housing and
Urban Development) standards and contains a HUD seal or the addition
is elevated to or above the base flood elevation. Solid walled additions
elevated to or above the base flood elevation must be constructed with
fourth (4th) wall construction, or certified 'by an engineer or architect
licensed by the State of Florida.
d. Screen rooms, open decks and porches may be added to a
manufactured home provided the addition is structurally independent
and constructed with fourth (4th) wall construction.
e. All manufactured homes and State approved manufactured offices or
construction trailers for temporary use shall be anchored to resist flotation,
collapse and lateral movement by providing over-the-top and frame ties
to ground anchors as provided for in the most current edition of the
Florida Administrative Code 15.C.
f. An existing manufactured home which is damaged or otherwise in need
of repair, reconstruction, improvement, or replacement the value of
which meets or exceeds fifty (50) percent of the value of the
manufactured home without the repair, reconstruction, improvement or
replacement shall not be repaired, reconstructed, improved or replaced
except by a manufactured home which meets the most recent
standards promulgated by the Department of Housing and Urban
Development in 24 C.F.R. 3280.308(C) (2) and, in addition, meets the
standards set forth in subparagraphs b,c, and d of this subsection (b)(4),
as applicable. For the purposes of determining the value of any
Page 12 of 18
Initials_
Revised 9/25/03
replacement manufactured homes under this section, the purchase
price, as expressed in an invoice from an arms length transaction, in a
form acceptable to the building official, or using market value, as
determined in section 9.5-316.2.(fl, whichever is greater. shall control.
g. A manufactured home may be altered or modified by engineering
standards more stringent than originally required if the manufactured
home is elevated to or above the required base flood elevation.
(5) Coastal high-hazard areas (V zones): Within the areas of special flood
hazard are areas designated as coastal high-hazard areas. which have
special flood hazards associated with wave wash. The following provisions
shall apply in these areas:
a. New construction or substantial improvements within zones Vl-30, VE or V
shall be elevated so that the bottom of the lowest horizontal supporting
member (excluding pilings or columns) is located at or above the base
flood elevation level. with the space below the lowest supporting
member open or constructed with breakaway walls so as not to impede
the flow of floodwaters. Breakaway walls may be permitted for aesthetic
purposes only and must be designed to wash away in the event of
abnormal wave action and in accordance with the provisions of
subsection (b) (5) g., h. and i.
b. New construction or substantial improvements shall be securely anchored
on pilings, columns or shear walls.
c. The pile or column foundation and structure attached thereto is
anchored to resist flotation, collapse, and lateral movement due to the
effects of wind and water loads acting simultaneously on all building
components. Water loading values used shall be those associated with
the base flood. Wind loading values shall be those required by American
Society of Civil Engineers (ASCE) Standard number 7. Where shear wall
construction is used, the following conditions shall also apply:
(i) Shear walls shall be placed parallel to the predominant flow direction
of floodwaters and spaced to provide adequate floodwater
conveyance beneath the elevated floor;
(ii) Shear walls shall be constructed using reinforced concrete; and
(Hi) Except for the placement of the parallel load-bearing walls, the
space between the shear walls below the elevated floor shall remain
free of obstruction or contain only breakaway wall construction.
d. .A registered professional engineer or architect shall develop or review
the structural design, specifications and plans for the construction. and
shall certify that the design and methods of construction to be used are
in accordance with the accepted standards of practice for meeting the
provisions of paragraphs a, band c of this subsection (b)(5).
e. There shall be no fill used as structural support.
Page 13 of 18
Inifials_
Revised 9/25/03
f. Nonstructural fill shall not be placed in a V-zone except with an
approved hydrological analysis.
g. If any space below the base flood elevation level is to be enclosed. such
enclosed areas shall not be used for human habitation and must meet
the provision of section 9 .5-317(b) (1) d. (i) and (iv) through (ix) and 9.5-317
(b)(5) i.
h. Prior to construction. plans for any structure that will have enclosed space
below the base flood elevation level shall be submitted to the building
official or his designee for approval.
i. Walls and partitions other than parallel shear walls shall be allowed below
the base flood elevation provided they are not part of the structural
support of the building and are designed to break away under the
impact of abnormally high tides or wind-driven water without damage to
the structural integrity of the building on which they are to be used. and
provided that A design load limit of not less than ten (10) and no more
than twenty (20) pounds per square foot shall be used as the safe load
range for breakaway walls.
j. Compliance with the provisions contained in subsection i. shall be
certified by a registered professional engineer or architect.
k. Any alteration, repair, reconstruction or improvement to a structure shall
not enclose the space below the base flood elevation level except as
provided for in paragraphs g. and i. of this subsection (b)(5).
I. No manmade alteration of mangroves or beach berm system shall be
permitted which will increase the potential for flood damage.
(6) No basement shall be constructed in the county until such time as a variance
is granted to the county under the terms of 44 C.F.R. 60.6(b).
(7) No enclosure below the base flood elevation shall be constructed or
equipped for such uses as a kitchen, dining room, family room, recreation
room, office, bedroom, bathroom or workshop. This prohibition does not
apply to new improvements which are not substantial to post FIRM structures
rendered noncompliant by amendments to the flood insurance rate map as
long as the improvement is at the same elevation the structure was originally
built to; ground level structures whose initial construction began prior to
January 1, 1975; and those structures which are listed on the National
Register of Historic Places, the Florida Inventory of Historic Places or any
inventory of local historic places.
(8) In no event shall a below base flood elevation variance be necessary for
improvements to an existing structure whose initial construction began prior
to December 31, 1974. or to a legally placed manufactured home when the
improvements are not substantial.
(9) Require that recreational vehicles placed on sites within Zones A 1-30, AH,
and AE. V-l30 V and VE on the community's FIRM either:
Page 14 of 18
Initials_
a. Be on the site for fewer than one hundred eighty (180) consecutive days
and be fully licensed and ready for highway use; or
b. Meet the permit requirements of subsection 9.5-317(b)(4).
A recreational vehicle is ready for highway use if it is on its wheels or internal
jacking system, designed to be self propelled or permanently towable by a
light duty truck, is attached to the site only by quick disconnect type utilities
and security devices, and has no permanent attached additions.
Section 3. Section 9.5-319, Monroe County Code. is hereby created that reads as follows:
Sec. 9.5-319. Reauired insDections of residential structures. 11
(al Applicability: Prior to the transfer of ownership of any property
occupied by an elevated residential structure with a below base flood
enclosed area defined as "new construction" (Le., construction commenced
on or after January 1. 19751 under this division, an county approved inspection
of the below base flood enclosure shall be conducted. The reauired inspection
shall be conducted no earlier than one hundred eiahty (1801 days prior to the
transfer of the property.12 The intent of this inspection, which is strictly limited to
the below base flood enclosure. is to identify for county records any non-
conformities with this division and to disclose these non-conformities to the new
property owner.
#3 Plannina Commission Recommendation: Revise proposed paragraph (a) as
follows:
(a) Applicability: Prior to In coniunction with the transfer of ownership of
any property occupied by an elevated residential structure with a below base
flood enclosed area defined as "new construction" (Le., construction
commenced on or after January 1, 1975) under this division Q county approved
inspection of the below base flood enclosure shall be conducted. lRe
required inspection shall be conducted no earlier than sixty (60) days prior to
the transfer of the property. The intent of this inspection, which is strictly limited
to the below base flood enclosure, is to identify for county records any non-
conformities with this division. and to disclose those non conformities to the new
property owner.
(bl Inspections: The inspection reauired under this section may be
conducted either by an inspector from the arowth manaaement division or by
an inspector approved by the arowth manaaement division. Fees for
inspections conducted by the arowth manaaement division shall be in
accordance with the schedule established by resolution of the board of county
commissioners for inspections conducted under the county's Flood Insurance
Inspection and Compliance Proaram.
II This entirely new section implements the requirements for an inspection of elevated residential structures prior to
property transfer. These inspections may be done by both County staff and approved private inspectors. To make
administration and enforcement of this section as simple as possible, the staff proposes to primarily rely on the
permitting system to ensure inspections are done (i.e., permits will not be issued if records show no evidence of
inspection with transfer property transfer). Enforcement through code enforcement is still an option if necessary.
12 Based on Planning Commission concerns, the proposed 60 day time period has been revised to 180 days.
Revised 9/25/03 Page 15 of 18 Initials_
IC) Inspection Procedures and Forms: All inspections reauired under
this section shall be done in accordance with procedures and recorded on
county forms approved by the arowth manaaement director.
Idl Private Inspectors Approval: Non-county inspectors from an
approved list maintained by the arowth manaaement division may be retained
by property owners to complete the inspections reauired by this section. These
inspectors shall be approved by the arowth manaaement division director and
shall be reauired to take an inspection trainina session conducted by the
arowth manaaement division to ensure all inspectors fully understand county
inspection and reportina reauirements. All inspections conducted and
inspection reports prepared by non-county inspectors are subiect to review by
the qrowth manaaement division. Inspection reports that are found to be
incomplete, inaccurate, or contain errors and omissions, may result in the
inspector beina removed from the approved list of inspectors by the qrowth
manaqement director.
Ie) Inspection Submittal Requirements: The oriainal of the inspection
report, sianed by the county inspector or county approved inspector, shall be
included in all aareements for deed, purchase aareements, leases, or other
contracts for sale or exchanae of a property with an elevated residential
structure subiect to the inspection reauirements of this section. A COpy of this
inspection report shall be filed with the qrowth manaaement division within ten
110J days of the transfer of property.
#4 Plannlna Commission Recommendation: Revise paragraph (e) as follows:
Ie) Inspection Submittal Requirements: The original and COpy of the
inspection report signed by the county inspector or county approved
inspector, shall be included in all agreements for deed, purchase agreements,
leases, or other contracts for sale of exchange of a property with an elevated
residential structure subject to the inspection requirements of this section. A
copy of this inspection report shall be filed with presented to the growth
management division. The oriainal report and COpy shall be filed with the
arowth manaaement division.
If) Failure to Comply with Insoection Submittal Reauirements: Should
the inspection report reauired by this section not be filed with the arowth
manaaement division, no permit shall be issued for any improvements to the
structure and the property it occupies until such an inspection report is
submitted, unless the permit is reauired to remedy a life safety hazard. In
addition, violations of this section may be addressed throuah code
enforcement proceedinqs as provided for under chapter 6.3.13
#5 Plannlna Commission Recommendation: Revise proposed paragraph If) as
follows:
If) Failure to Comply with Inspection Submittal Requirements:
Should a county-approved inspection required by this section not be
completed prior to in coniunction with the transfer of property, no permit shall
13 The original proposed language has been slightly revised based on Planning Commission comments to clarify the need
to have the required inspection report on file with the County prior to issuance of a permit.
Revised 9/25/03 Page 16 of 18 Initials_
be issued for any improvements to the structure and the property it occupies
until such an inspection report is submitted unless the permit is required to
remedy a life safety hazard. In addition, violations of this section may be
addressed through code enforcement proceedings as provided for under
chapter 6.3.
#6 Plannlna Commission Recommendation: Create a new paragraph (g) that
reads as follows:
fal ProperlY RiGhts to be Respected: It is not the intent of these
reGulations that Monroe County violate any riGhts of property owners with the
inspection and reportinG system provided for herein. Monroe County shall not
act in any manner contrary to state law riGhts afforded private property owners.
Section 4. Within sixty (60) days of the effective date of this ordinance, the Growth Management
Division is directed to vacate all restrictive covenants placed on below base flood
downstairs enclosures of elevated residential structures authorized under Ordinance
39-2000.
Section 5. The inspection requirements of Section 9.5-319 shall not be in effect until January 1.
2004.
Section 6. If any section, subsection. sentence. clause. item, change or prOVIsion of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida. but shall not become effective until a notice is issued by the Department of
Community Affairs or the Administration Commission approving this ordinance.
Section 9. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Department of Community Affairs to determine the consistency of
this ordinance with the Florida Statutes.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Revised 9/25103
Page 17 of 18
Initials_
::..c......-L.:::I-"'~ .I1llJ'Lo;;, rKV"'.'.'\J'''I\.VL.. "'""u............. 1""'\........ .......... ....._
PASSED AND ADOPTED by the Boord of County Commissioners of MOf'l(Qe County. Florida at a
meeting of the Board held on the day of . A.D.. 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" MCCoy
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROe COUNTY. FLORIDA
BY:
MAYOR/CHAIRPERSON
(SEAL)
ATTEST: DANNY L. KOlHAGE. CLERK
DEPUTY CLERK
T'i ATiORNE\'
IAON~ FORM:
oiZt
\.t t.
R II. 'NO j:'OOO'"
0,,"1'1 '
CHltf t)S~lbfij - ~ -
oate_
Revised 9125/03
Page 18 of 18
Initialli_
PLANNING COMMISSION RESOLUTION NO. P51 -03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE
MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR AN
AMENDMENT TO SECTIONS 9.5-316.1 THROUGH 9.5-317 OF THE
LAND DEVELOPMENT REGULATIONS AND ADDING NEW
SECTION 9.5-319 CONCERNING AMENDMENTS TO THE
FLOODPLAIN MANAGEMENT ORDINANCE.
WHEREAS, the Monroe County Planning Commission, during regular meetings held on July 9, 2003,
July 23, 2003 and September 10, 2003 conducted a review and consideration of amendments to Article
VII, Division 6, Sections 9.5-316.1 through 9.5-317 of the Land Development Regulations and adding
new section 9.5-319 concerning the Floodplain Management Ordinance filed by the Monroe County
Growth Management Division; and
WHEREAS, the Planning Commission examined the following information:
1. The staff report from Timothy J. McGarry AICP, Director of Growth Management and Dianne Bair
CFM, Floodplain Administrator dated June 20, 2003; and
2. Proposed changes to the Monroe County Floodplain Management Ordinance; and
3. Development Review Committee resolution D 20-03; and
4. Testimony of Timothy J. McGarry AICP, Director of Growth Management and Dianne Bair CFM,
Floodplain Administrator, comments by the public and members of the Planning Commission
WHEREAS, the Planning Commission recommended approval of the proposed ordinance except for
section 9.5-317(b)(1) d.(i) and (iv) and 9.5-319 (a), (e) and (f)
WHEREAS, the Planning Commission made the following Findings of Fact:
1. Article XI of Chapter 9.5, the Monroe County Code sets forth the requirements for amending the
text of the land development regulations. Specifically, Section 9.5-511 (d)(5)b identifies six criteria
for amending the land development regulations, one of which must be met. The proposed
amendment is supported by Item (iv), which refers to New Issues.
2. The Board of County Commissioners ("BOCC") entered into negotiations with the Federal
Emergency Management Agency ("FEMA") regarding the Monroe County Insurance Inspection and
Compliance Program. FEMA directed the County to submit a remedial plan in order to avoid
probationary status to ensure no new additional non-compliant structures would occur because of
the four-year statute of limitations ruling by Judge Richard G. Payne. These amendments are the
third phase of that remedial plan adopted by the BOCC resolution 153-2003 and are consistent with
the minimum federal floodplain management regulations set forth in 44CFR Section 60.3.
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. The proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code.
P51-03
Page 1 of 6
Initials
2. The proposed text amendment is consistent with the minimum requirements set forth in FEMA's 44
CFR parts 60.3 and Florida Statutes 161.55 Requirements for activities or construction within the
coastal building zone.
3. The proposed text amendment is consistent with Policy 217.1.5 of the Monroe County year 2010
Comprehensive Plan, which provides that Monroe County shall continue to participate in the
National Flood Insurance Program and Policy 217.1.6 which provides that Monroe County shall
continue to enforce federal, state and local setback and elevation requirements to promote the
protection and safety of life and property.
4. The proposed text amendment is consistent with the goals of the Monroe County Year
2010 Comprehensive Plan; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY FLORIDA, that based
on the preceding Findings of Fact and Conclusions of Law, it RECOMMENDS APPROVAL to the
Monroe County Board of County Commissioners amendments to Sections 9.5-316.1 through 9.5-317
and 9.5-319 of the Monroe County Land Development Regulations concerning the Floodplain
Management Regulations except for language as shown in attachment A.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting
held on the 10th day of September 2003.
Commissioner David Ritz (Chair)
Commissioner Jerry Coleman
Commissioner Alicia Putney
Commissioner Denise Werling
Commissioner Jiulio Margalli
Yes
Yes
Yes
Yes
Yes
THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
Jerry Coleman, Chair
Signed this
day of
,2003.
P51-03
Page 2 of 6
Initials
Staff Recommendation:
ATTACHMENT A
Section 9.5-317(b)(1) d. (i)
(i) Only a maximum of 299 square feet of space shall be enclosed with
opaque materials. Any remaining portion of an enclosed area of more than 299
square feet shall only be enclosed with screen or lattice. Areas 300 square feet
or more, enclosed with opaque materials, existing on the effective date of this
ordinance, shall be deemed conforming as to the provisions of this paragraph;
however such enclosures shall not be expanded or substantially improved
unless they are brought into compliance with this division.
Planninq Commission amendment:
Staff Recommendation:
P51-03
(i) Only a maximum of 2W 599 square feet of space shall be enclosed with
opaque materials. Any remaining portion of an enclosed area of more than 2W
599 square feet shall only be enclosed with screen or lattice. Areas aoo 600
square feet or more, enclosed with opaque materials, existing on the effective
date of this ordinance, shall be deemed conforming as to the provisions of this
paragraph; however such enclosures shall not be expanded or substantially
improved unless they are brought into compliance with this division.
Section 9.5-317(b)(1) d. (iv)
(iv) Interior walls, ceilings and floors in enclosures of 299 square feet or less
may be finished with a class 4 or 5 exterior finish in accordance with FEMA
Technical Bulletin 2-93. Technical Bulletin 2-93 limits the finish to basic wall,
ceiling and floor construction. This is meant to exclude the use of materials
and finishes normally associated with living areas constructed above the base
flood elevation from those areas of the enclosure located below the base flood
elevation.
Page 3 of 6
Initials
Plannino Commission amendment:
Commissioner Ritz
Commissioner Werling
Commissioner Coleman
Commissioner Putney
Commissioner Margalli
Staff Recommendation:
(iv) Interior walls, ceilings and floors in enclosures of 29Q 599 square feet or
less may be finished with a class 4 or 5 exterior finish in accordance with
FEMA Technical Bulletin 2-93. Technical Bulletin 2-93 limits the finish to basic
wall, ceiling and floor construction. This is meant to exclude the use of
materials and finishes normally associated with living areas constructed above
the base flood elevation from those area of the enclosure located below the
base flood elevation.
YES
YES
YES
YES
YES
Section 9.5-319(a)
(a) Applicability: Prior to the transfer of ownership of any property
occupied by an elevated residential structure with a below base flood
enclosed area defined as "new construction" (Le., construction
commenced on or after January 1, 1975) under this division, an county
approved inspection of the below base flood enclosure shall be
conducted. The required inspection shall be conducted no earlier than
sixty (60) days prior to the transfer of the property. The intent of this
inspection, which is strictly limited to the below base flood enclosure, is
to identify for county records any non-conformities with this division and
to disclose these non-conformities to the new property owner.
Plannino Commission amendment:
P51-03
(a) Applicabilitv: Prior to In coniunction with the transfer of
ownership of any property occupied by an elevated residential structure
with a below base flood enclosed area defined as "new construction"
(Le., construction commenced on or after January 1, 1975) under this
division f! county approved inspection of the below base flood enclosure
shall be conducted. Tho required inspection shall be conducted no
earlior than sixty (60) days prior to the transfer of tho property. The
intent of this inspection, which is strictly limited to the below base flood
enclosure, is to identify for county records any non-conformities with this
Page 4 of 6 Initials
division. and to disclose these non conformities to tho ne'!: proporty
9WAef-:-
Section 9.5-319(e)
Staff Recommendation: (e) Inspection Submittal Requirements: The original of the inspection
report, signed by the county inspector or county approved inspector,
shall be included in all agreements for deed, purchase agreements, leases,
or other contracts for sale or exchange of a property with an elevated
residential structure subject to the inspection requirements of this section.
A copy of this inspection report shall be filed with the growth management
division within ten (10) days of the transfer of property.
PlanninQ Commission amendment:
(e) Inspection Submittal Requirements: The original and copv of the
inspection report, signed by the county inspector or county approved
inspector, shall be includod in all agreements for dood, purchase
agrooments, leases, or other contr3cts for sale of exchange of a property \'/ith
an elo-.'atod rosidential structure subject to the inspection requirements of this
section. /\ copy of this inspection report shall bo filed with presented to the
growth management division. 'oVithin ten (10) days of the transfer of property.
The oriainal report and a copy shall be filed with the arowth manaQement
division.
Section 9.5-319(f)
Staff Recommendation: (f) Failure to Comply with Inspection Requirements: Should a county-
approved inspection required by this section not be completed prior to the
transfer of property, no permit shall be issued for any improvements to the
structure and the property it occupies until such an inspection is completed,
unless the permit is required to remedy a life safety hazard. In addition,
violations of this section may be addressed through code enforcement
proceedings as provided for under chapter 6.3.
PlanninQ Commission Option:
(f) Failure to Comply with !nSfJ8ction Submittal Requirements: Should a
county-approved inspection required by this section not be completed prior to
in coniunction with the transfer of property, no permit shall be issued for any
improvements to the structure and the property it occupies until such an
P51-03
Page 5 of 6
Initials
inspection report is CORlflletod, submitted, unless the permit is required to
remedy a life safety hazard. In addition, violations of this section may be
addressed through code enforcement proceedings as provided for under
chapter 6.3.
Commissioner Ritz
Commissioner Werling
Commissioner Coleman
Commissioner Putney
Commissioner Margalli
YES
YES
YES
YES
YES
New sub-section 9.5-319(0)
Plannina Commission new subsection (0) :
(0) Property Riohts to be Respected: It is not the intent of these reoulations
that Monroe County violate any riohts of property owners with the inspection
and reportino system provided for herein. Monroe County shall not act in any
manner contrary to state law riohts afforded private property owners.
Commissioner Ritz
Commissioner Werling
Commissioner Coleman
Commissioner Putney
Commissioner Margalli
YES
YES
YES
YES
YES
P51-03
Page 6 of 6
Initials