Item P5 P5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: P5
2023-1241
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
no
AGENDA ITEM WORDING: A Public Hearing to Consider An Ordinance By The Monroe County
Board Of County Commissioners Amending Monroe County Land Development Code Section 101-1
Definitions And Chapter 122, Floodplain Management; Article I. —In General, Section 122-3 —
Definitions, To Update The Definition Of Market Value To Be Consistent With The Florida Division
Of Emergency Management - Bureau Of Mitigation- State Office Of Floodplain Management's
December 2022 Guidance On Market Value And Model Floodplain Management Ordinance Which Is
Written To Explicitly Rely On And Be Coordinated With The Flood Provisions In The Florida Building
Code, Meeting The National Flood Insurance Program Requirements And Approved By The Federal
Emergency Management Agency In 2013; Providing For Severability; Providing For Applicability;
Providing For Repeal Of Conflicting Provisions; Providing For Transmittal To The State Land Planning
Agency And The Secretary Of State; Providing For Amendment To And Incorporation In The Monroe
County Land Development Code; Providing For An Effective Date.
ITEM BACKGROUND:
The Monroe County Building Department(Office of Floodplain Management) and the Planning &
Environmental Resources Department are proposing amendments to Section 101-1 Definitions, and
Section 122-3 Definitions (Floodplain Management), to update the definition of"market value" in each
section, to be consistent with the State of Florida Division of Emergency Management's (FDEM)
December 2022 Guidance on Market Value. The amendment will remove the addition of 20% above
the assessed value per the Property Appraiser's assessed value.
On November 15, 2022, the Monroe County BOCC adopted Ordinance 026-2022, amending Chapter
122 of the LDC to be consistent with the FDEM's model floodplain management ordinance which is
written to explicitly rely on and be coordinated with the flood provisions in the Florida Building Code,
meeting the National Flood Insurance Program(NFIP)requirements and approved by the Federal
Emergency Management Agency in 2013.
On December 7, 2022, FDEM published guidance developed with FEMA Region IV, which states that
"a small number of Florida communities have codified a fixed adjustment factor, usually expressed as a
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percentage. In consultation with FEMA, FDEM OFM has determined that communities must not codify
a fixed factor." The County must update the adopted ordinance to remove the 20% fixed factor from the
definition of"market value."
On December 28, 2022, based on this guidance, FDEM issued a letter of conditional approval of
Ordinance 026-2022 stating that the ordinance must be updated to remove the 20% fixed factor
adjustment included in the definition of"market value."
The proposed amendment will remove the fixed percentage adjustment to "market value," as requested
by FDEM, and bring the County's Floodplain Management ordinance(s) into compliance with FDEM
and FEMA requirements for continued participation in the National Flood Insurance Program(NFIP).
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on February 21, 2023,
at 5:05pm, to provide for public input. There were zero (0) attendees from the community and five(5)
County staff members in attendance.
Development Review Committee and Public Input
On April 25, 2023, the Development Review Committee (DRC) held a virtual meeting to review the
proposed amendments and receive public input.
Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting on May 24, 2023
and recommended approval of the amendment.
• PROPOSED AMENDMENTS
Proposed Amendments are shown with deletions stfieken thfaugh and additions are underlined.
Sec. 101-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Market value means the price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy, sell, or otherwise transfer, and both having
reasonable knowledge of relevant facts. As used in this code, the term "market value"refers to the
market value of buildings and structures, excluding the land and other improvements on the parcel.
Market value may be established by a qualified certified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment valu 1
adjusted by
° . A uniform appraisal report prepared by a qualified
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certified independent appraiser submitted by the applicant may be used if the Floodplain Administrator
considers such appraisal consistent with local construction costs. A structure or building originally
manufactured or built as a vehicle, shall exclusively be appraised by utilizing the Kelley Blue Book or a
NADA appraisal. Documentation of alleged local construction costs submitted by a property owner to
the Floodplain Administrator must be submitted in the form of a sworn or attested affidavit that shall be
based upon the personal knowledge of the certifying affiant and must be notarized. Where an appraisal
is not accepted because it appears to be inconsistent with local construction costs, the applicant may
request review by an independent third-parry appraiser duly authorized by the county. The cost of such
independent review shall be borne by the applicant. The reviewing appraiser shall determine if the
appraisal value reasonably reflects an appropriate market value of the structure. The reviewing
appraiser's determination must be in writing and shall be sworn or attested to by the affiant and
expressly provide that it is based on the certifying affiant's personal knowledge and must be notarized.
Professionals preparing appraisals, or appraisal reviews, 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. Neither
an appraisal making an extraordinary assumption that a building or structure was in good condition as
of a date prior to a flood event nor a retrospective appraisal(an appraisal done retrospectively based on
a date prior to the flood event) shall be eligible for consideration or relief. A building or structure that
was never lawfully permitted in the first place shall not be eligible for issuance of a permit or
development approval.
The two approved tax assessment value methods of establishing the market value of a building or structure, excluding the
land and other improvements on the Parcel, are as follows:
(A.)Utilize the official tax assessment value(market improvement value)for the building or structure, excluding the land
and other improvements on the Parcel,that is developed and published by the Monroe County Property Appraiser's
Office: or
(B.)Utilize the foregoing tax assessment value(market improvement value)for the building or structure(excluding the
land and other improvements on the Parcel)with an adjustment to that tax assessment value"to approximate market value
ONLY when the adjustment factor: (I.)Is provided in writing:by the County Property Appraiser,(2.)Is a single factor,
and(3.)Is provided for a single use,for specified individual buildings or, if intended for use for multiple buildings_.the
County Property A1212raiser specifies the time Period during which the factor is valid(e.g., 3 months)."Florida Guidance
for Adjustment Factors Applied to Tax Assessment Values. State of Florida Division of Emergency Management-Bureau
of Mitigation- Office of Floodplain Management(Dec. 7.2022 .
Chapter 122 FLOODPLAIN MANAGEMENT
Sec. 122-3. —Definitions.
The following words,phrases and terms shall, for the exclusive purposes of this chapter only, have the
specific definitions and meanings shown in this section. Where such words,phrases and terms are not
defined in this chapter and are defined in the Florida Building Code, such words,phrases and terms
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shall have the meanings ascribed to them in the Florida Building Code. Where such words,phrases and
terms are not defined in this chapter or the Florida Building Code, the County shall utilize the adopted
definitions within Chapter 101 of the Monroe County Land Development Code. If the definitions of
such words,phrases and terms are not within the Land Development Code, the words,phrases and terms
shall have ordinarily accepted meanings as its context and the context of its provision and its
provision's structural placement imply.
Market value means the price at which a property will change hands or be transferred between a willing
buyer and a willing seller, neither party being under compulsion to buy, sell or transfer and both having
reasonable knowledge of relevant facts, which shall include imputing constructive knowledge of
controlling local, state, and federal laws and regulations. As used in this chapter, the term"market
value"refers to the market value of buildings and structures, excluding the land and other
improvements on the parcel. Market value may be established by a qualified certified independent
appraiser, Actual Cash Value (in-kind replacement cost depreciated for age, wear and tear, neglect, and
quality of construction), established by a qualified certified independent appraiser or tax assessment
valu 1 ° . A uniform appraisal report prepared
by a qualified certified independent appraiser submitted by the applicant may be used if the Floodplain
Administrator considers such appraisal consistent with local construction costs. A structure or building
originally manufactured or built as a vehicle, shall exclusively be appraised by utilizing the Kelley Blue
Book or a NADA appraisal. Documentation of alleged local construction costs submitted by a property
owner to the Floodplain Administrator must be submitted in the form of a sworn or attested affidavit
that shall be based upon the personal knowledge of the certifying affiant and must be notarized. Where
an appraisal is not accepted because it appears to be inconsistent with local construction costs, the
applicant may request review by a qualified certified independent third-party appraiser duly authorized
by the county. The cost of such independent review shall be borne by the applicant. The reviewing
appraiser shall determine if the appraisal value reasonably reflects an appropriate market value of the
structure. The reviewing appraiser's determination must be in a written document, shall be sworn or
attested to by the certifying affiant and expressly provide that it is based on the certifying affiant's
personal knowledge, and must be notarized. Professionals preparing appraisals or appraisal reviews
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. Neither an appraisal making an extraordinary assumption that a
building or structure was in good condition as of a date prior to a flood event nor a retrospective
appraisal(an appraisal done retrospectively based on a date prior to the flood event) shall be eligible for
consideration or relief. A building or structure that was never lawfully permitted in the first place shall
not be eligible for issuance of a permit or development approval.
1 The two approved tax assessment value methods of establishing the market value of a building or structure, excluding the
land and other improvements on the Parcel, are as follows:
(A.)Utilize the official tax assessment value(market improvement value)for the building or structure, excluding the land
and other improvements on the Parcel,that is developed and published by the Monroe County Property Appraiser's
Office: or
(B.)Utilize the foregoing tax assessment value(market improvement value)for the building or structure(excluding the
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land and other improvements on the parcel)with an adjustment to that tax assessment value"to approximate market value
ONLY when the adjustment factor: (1.)Is provided in writing:by the County Property Appraiser,(2.)Is a single factor,
and(3.)Is provided for a single use,for specified individual buildings or, if intended for use for multiple buildings_.the
County Property Appraiser specifies the time period during which the factor is valid(e.g., 3 months)."Florida Guidance
for Adjustment Factors Applied to Tax Assessment Values. State of Florida Division of Emergency Management-Bureau
of Mitigation- Office of Floodplain Management(Dec. 7.2022 .
PREVIOUS RELEVANT BOCC ACTION:
November 15, 2022 - BOCC adopted Ordinance No. 026-2022, amending Chapter 122 of the LDC to be
consistent with the FDEM's model floodplain management ordinance which is written to explicitly rely
on and be coordinated with the flood provisions in the Florida Building Code.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Exhibit 1 to staff report - Ord. 026-2022.pdf
Exhibit 2 to staff report - Ord 026-2022 SR.pdf
Exhibit 3 Monroe Co_FPM Ord Approval_Amendments_12.28.22.pdf
Exhibit 4 fdem-ofm_guidance_assessed_value_adjustment_factor_12-07-22.pdf
2023-024_Ch_122Marlcet_V alue_Ordinance.p df
2023-024 BOCC SR 07.19.23.docx
FINANCIAL IMPACT:
N/A
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EXHIBIT 1
GVS COURTq°
o: A Kevin Madok, CPA
`.. .... -
�o ........� � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z GOUN
December 7, 2022
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance 026-2022 by the Monroe County Board of County
Commissioners approving amendments to the Monroe County Land Development Code
amending Section 101-1 Definitions; to update Floodplain Management Definitions; to repeal
and reenact Chapter 122, Floodplain Management; to adopt an updated Chapter 122, Floodplain
Management, to be consistent with the Florida Division Of Emergency Management- Bureau Of
Mitigation - State Floodplain Management Office's Model Floodplain Management Ordinance
which is written to explicitly rely on and be coordinated with the Flood Provisions in the Florida
Building Code, meeting the National Flood Insurance Program Requirements and approved by
the Federal Emergency Management Agency in 2013; including designating a Floodplain
Administrator, adopting procedures and criteria for development in flood hazard areas, and for
other purposes; providing for severability; providing for applicability; providing for repeal of
conflicting provisions; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for amendment to and incorporation in the Monroe County Land
Development Code; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on November 15, 2022. Should you have any questions
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
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4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 026-2022
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING AMENDMENTS TO THE MONROE
12 COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 101-1
13 DEFINITIONS; TO UPDATE FLOODPLAIN MANAGEMENT
14 DEFINITIONS; TO REPEAL AND REENACT CHAPTER 122,
15 FLOODPLAIN MANAGEMENT; TO ADOPT AN UPDATED CHAPTER
16 122, FLOODPLAIN MANAGEMENT, TO BE CONSISTENT WITH THE
17 FLORIDA DIVISION OF EMERGENCY MANAGEMENT - BUREAU OF
18 MITIGATION - STATE FLOODPLAIN MANAGEMENT OFFICE'S
19 MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS
20 WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH
21 THE FLOOD PROVISIONS IN THE FLORIDA BUILDING CODE,
22 MEETING THE NATIONAL FLOOD INSURANCE PROGRAM
23 REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY
24 MANAGEMENT AGENCY IN 2013; INCLUDING DESIGNATING A
25 FLOODPLAIN ADMINISTRATOR, ADOPTING PROCEDURES AND
26 CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND
27 FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY;
28 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
29 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
30 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
31 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
32 IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
33 PROVIDING FOR AN EFFECTIVE DATE.
34
35
36 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
37 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
38 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
39 manage land use and development; and
40
41 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
42 that the work of ordinance codification is an ongoing process that requires a continuing effort by
43 various County officials and staff, and it is the goal of the BOCC to ensure that Monroe County
44 Land Development Code Chapter 122 is kept current and of maximum use and clarity; and
45
46 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
47 Government, Florida Statutes,conferred upon local governments the authority to adopt regulations
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I designed to promote the public health, safety, and general welfare of its citizenry; and
2
3 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
4 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
5 health, safety, and welfare of the County's citizens; and
6
7 WHEREAS, the Federal Emergency Management Agency has identified special flood
8 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
9 subject to periodic inundation which may result in loss of life and property, health and safety
10 hazards,disruption of commerce and governmental services, extraordinary public expenditures for
11 flood protection and relief, and impairment of the tax base, all of which adversely affect the public
12 health, safety and general welfare, and
13
14 WHEREAS, the Monroe County was accepted for participation in the National Flood
15 Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners
16 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
17 and 60, necessary for such participation; and
18
19 WHEREAS,the National Flood Insurance Program (NFIP)is a federally-subsidized flood
20 damage insurance program administered by the Federal Emergency Management Agency(FEMA)
21 enabling property owners in participating communities to purchase flood insurance in exchange
22 for the community's adoption of floodplain management regulations to reduce future flood
23 damages; and
24
25 WHEREAS,the participating communities floodplain management regulations must meet
26 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
27 CFR Part 59 and Part 60); and
28
29 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
30 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
31 enforcement of a state building code, called the Florida Building Code; and
32
33 WHEREAS, the Florida Division of Emergency Management (DEM), Bureau of
34 Mitigation, State Floodplain Management Office developed a Model Floodplain Management
35 Ordinance for communities, written explicitly to rely on the flood provisions in the Florida
36 Building Code; and
37
38 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
39 meet or exceed the minimum NFIP requirements for buildings and structures; and
40
41 WHEREAS,the Federal Emergency Management Agency (FEMA) approved the State's
42 Model Floodplain Management Ordinance in 2013; and
43
44 WHEREAS, the Monroe County Board of County Commissioners has determined that it
45 is in the public interest to adopt the proposed floodplain management regulations that rely on and
46 are coordinated with the Florida Building Code; and
47
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I WHEREAS, in 1990 the National Wildlife Federation, Florida Wildlife Federation, and
2 the Defenders, of Wildlife filed suit against the FEMA, claiming FEMA was not consulting with
3 the U.S. Fish and Wildlife Service (FWS or Service) as required by the Endangered Species Act
4 in their administration of the NFIP in Monroe County, Florida; and
5
6 WHEREAS, in 1997 the Service completed a Biological Opinion (BO) for the effects of
7 the NFIP on Federally listed (threatened or endangered) species in the Florida Keys; and
8 WHEREAS,the 1997 BO found the NFIP jeopardized nine species in the Keys; and
9
10 WHEREAS, in 2003 the Service re-initiated consultation and amended the 1997 BO and
11 concluded that the effect of the NFIP would result in jeopardy on eight of 10 species evaluated in
12 the BO; and
13
14 WHEREAS,in a second amended complaint in 2003 the plaintiffs filed suit against FEMA
15 and the Service pursuant to the Endangered Species Act and the Administrative Procedures Act;
16 and
17
18 WHEREAS, on March 29, 2005 the United States District Court, Southern District of
19 Florida(District Court) granted summary judgment in favor of the Plaintiffs which found that the
20 Service and FEMA violated the Endangered Species Act and the Administrative Procedures Act;
21 and
22
23 WHEREAS, on September 9, 2005, the District Court entered an order enjoining FEMA
24 from issuing flood insurance under the NFIP on any new residential or commercial developments
25 in suitable habitats of federally listed(threatened or endangered) species in the Keys; and
26
27 WHEREAS,the District Court also ordered the Service to submit a new BO by August 9,
28 2006 and the Service issued a new BO on August 8, 2006; and
29
30 WHEREAS, on April 1, 2008,the United States Court of Appeals for the Eleventh Circuit
31 affirmed the District Court's rulings of March 29, 2005 and September 9, 2005; and
32
33 WHEREAS, on February 26, 2009,the District Court ordered the Service to submit a new
34 BO by March 31, 2010 and on March 28, 2010, the Court granted a 30 day extension of this
35 deadline; and
36
37 WHEREAS, on April 30, 2010, the Service published the revised BO for FEMA's
38 administration of the NFIP in Monroe County; and
39
40 WHEREAS,the BO contains "Reasonable and Prudent Alternatives" (RPA's)that require
41 Monroe County and other participating communities in the Florida Keys to revise their Flood
42 Damage Prevention Ordinance(s) to reference and use the updated real estate list (referenced in
43 RPA paragraph 1)within 120 days of acceptance of this BO by the Court, and;
44
45 WHEREAS, on January 11, 2011, the District Court approved a Settlement Agreement
46 between the Plaintiffs and the Federal Defendants in which the Federal Defendants agreed to notify
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I the Court and the parties when Monroe County and the other "participating communities" in the
2 Florida Keys have: 1) revised their Flood Damage Prevention Ordinance(s); and 2) implemented
3 procedures to reference and use the updated real estate list and Species Focus Area Maps
4 (referenced in reasonable and prudent alternative ("RPA") paragraph 1) in compliance with
5 paragraphs 2, 3, 4, and 5 of the RP A; and
6
7 WHEREAS, on December 2, 2011, FEMA notified Monroe County that if the County did
8 not implement the RPA's by January 11, 2012, then Monroe County would have been placed on
9 probation on May 10,2012.1n response to the County's requested time extension,FEMA requested
10 and the Court granted an extension to June 30, 2012 for the ordinance revisions and permit referral
11 process implementation; and
12
13 WHEREAS,the County Attorney, outside counsel, and the Growth Management Director
14 have advised the Board of County Commissioners that adoption of the RP A's;ordinance language;
15 and originally drafted Species Assessment Guides (SAGS) suggested by the Federal agencies
16 would have resulted in increased exposure to the County for liability for inverse condemnation or
17 takings claims; and
18
19 WHEREAS, in May 2012, FEMA and the Service revised the SAGS to include provisions
20 that substantially reduce the County's potential exposure for liability for inverse condemnation or
21 takings claims; and
22
23 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
24 015-2012, on June 20, 2012, amending Chapter 122 of the Land Development Code, creating
25 Section 122-8 to provide for the inclusion of FEMA and Service requirements, implementing a
26 "Permit Referral Process"for the review of all development that occurs within areas designated as
27 "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)" within unincorporated Monroe
28 County; and
29
30 WHEREAS,in April 2013,the Service provided updated SAGS to the County and on July
31 29, 2013, the Service notified FEMA of the updated SAGS for Monroe County; and
32
33 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
34 043-2013, ON October 16, 2013, amending Section 122-2(b)(3), the basis for establishing special
35 flood hazard maps, species assessment guides (SAGS) for the Permit Referral Process (PRP)
36 determinations,providing a new date for the revised Species Assessment Guides; and
37
38 WHEREAS, recognizing that where an extant legislatively approved law is repealed by a
39 subsequent legislative act that substantially reenacts that repealed extant law,the prior legislatively
40 approved law and the subsequent legislative act shall be regarded as one continuous law
41 uninterrupted in its operation,see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see also
42 Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
43 legislative intent and purpose of the BOCC, in relation to or in connection with subsequent
44 administrative and judicial construction, that all recodified or reenacted provisions of Monroe
45 County Land Development Code Chapter 122 shall be deemed to have been in operation
46 continuously from their original enactment whereas the additions or changes are treated as
5171
I amendments effective from the time they go into legal effect; and
2
3 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
4 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
5 and
6
7 WHEREAS, on March 23, 2022,the Monroe County Planning Commission held a public
8 hearing for the purpose of considering the proposed amendment and provided for public comment;
9 and
10
11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P10-22
12 recommending approval; and
13
14 WHEREAS,on November 11,2022,the Monroe County Board of County Commissioners
15 held a public hearing to consider adoption of the proposed Monroe County Land Development text
16 amendment, considered the staff report, and provided for public comment and public participation
17 in accordance with the requirements of state law and the procedures adopted for public
18 participation in the planning process; and
19
20 WHEREAS, based upon the documentation submitted and information provided in the
21 accompanying staff report, the Monroe County Board of County Commissioners makes the
22 following Conclusions of Law:
23 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
24 2030 Monroe County Comprehensive Plan; and
25 2. The proposed amendment is consistent with the Principles for Guiding Development
26 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
27 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
28 4. The proposed amendment is necessary due to new issues and the need for additional
29 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
30 Code.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
33 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
34
35 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
36 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
37 herein.
38
39 Section 2. The text of the Monroe County Land Development Code is amended as shown
40 and stated herein.. Proposed Amendments are shown with deletions st+i kel t4-etlg4 and additions
41 are underlined.
42
43 Section 101-1. -Definitions.
44
45 The following words, terms and phrases, when used in this chapter, shall have the meanings
46 ascribed to them in this section, except where the context clearly indicates a different meaning:
5172
2
3
4 f floo ift ; eft year-.
5
6
7
8
9 high tides or-wind dr-iven water-is fniftifnized.
10
11
12
13 f^,,,,d-a ion walls, shed-walls, posts, o pilings, or- olti nfis
14
15
16
17 eenstmetion, e t to t e proposedwalls of., st,-,,etti-o
18
19
20 Lowest flow, fneans t4e lowest efielosed area (ifieltiding basement) of a stmettir-e. Aft
21
22 '
23
25
26
27 Market value means the Price at which a property will change hands between a willing buyer
28 and a willing seller, neither Party being under compulsion to buy, sell, or otherwise transfer, and
29 both having reasonable knowledge of relevant facts. As used in this code,the term"market value"
30 refers to the market value of buildings and structures, excluding the land and other improvements
31 on the parcel. Market value may be established by a qualified certified independent appraiser,
32 Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax
33 assessment value adjusted by 20 percent(20%)to approximate market value. A uniform appraisal
34 report prepared by a qualified certified independent apraiser submitted by the aplicant may be
35 used if the Floodplain Administrator considers such appraisal consistent with local construction
36 costs. A structure or building originally manufactured or built as a vehicle, shall exclusively be
37 appraised by utilizing the Kelley Blue Book or a NADA appraisal. Documentation of alleged local
38 construction costs submitted by a property owner to the Floodplain Administrator must be
39 submitted in the form of a sworn or attested affidavit that shall be based upon the personal
40 knowledge of the certifying affiant and must be notarized. Where an apraisal is not accepted
41 because it wears to be inconsistent with local construction costs, the applicant may request
42 review by an independent third-party apraiser duly authorized by the county. The cost of such
43 independent review shall be borne by the applicant. The reviewing appraiser shall determine if the
44 appraisal value reasonably reflects an apropriate market value of the structure. The reviewing
45 appraiser's determination must be in writing and shall be sworn or attested to by the affiant and
46 expressly provide that it is based on the certifying affiant's personal knowledge and must be
47 notarized. Professionals preparing appraisals, or appraisal reviews, shall be required to possess
48 certifications as state certified residential apraisers for Upraising one to four family residential
5173
I properties and state certified general appraisers for all other properties including commercial and
2 multi-residential. Neither an appraisal making an extraordinary assumption that a building or
3 structure was in good condition as of a date prior to a flood event nor a retrospective appraisal (an
4 appraisal done retrospectively based on a date prior to the flood event) shall be eligible for
5 consideration or relief. A building or structure that was never lawfully permitted in the first place
6 shall not be eligible for issuance of a permit or development approval.
7
8
9 National Geodetic Vertical Datum of 1929 (NGVD 29 is a vertical control, as corrected in
10 1929, used as a reference for establishing varying elevations witIii,, toe floo plain,
11
12
13 North American Vertical Datum of 1988 (NA VD 88) is the vertical control datum established
14 in 1991 used as a reference for establishing _varyingvarying elevations.
15
16
17 Special flood hazard area means the land subj ect to a one percent or greater chance of flooding
18 in any given year.
19
20 Substantial improvement means any repair, reconstruction or improvement of a structure, the
21 cost of which equals or exceeds 50 percent of the pre-destruction market value of the structure;as
22 , either before the improvement or repair
23 is started, or if the structure has been damaged and is being restored, before the damage occurred.
24 For the purposes of this definition, substantial improvement is considered to occur when the first
25 alteration of any wall, ceiling, floor or other structural part of the building commences,whether or
26 not that alteration affects the external dimension of the structure. The term does not, however,
27 include either:
28 (1) Any project for improvement of a structure to comply with existing state or local health,
29 sanitary or safety code specifications which are necessary solely to ensure safe living
30 conditions; or
31 (2) Any alteration of a structure listed on the National Register of Historic Places, the state
32 inventory of historic places, or any inventory of local historic places.
33
34
35
36
37
38 .
39
40
41 Watercourse means a channel, canal or streambed, either natural or manmade, which is
42 involved in the accommodation of water floes.
43
44
45 Chapter 122 FLOODPLAIN MANAGEMENT
46
47 ARTICLE I.—IN GENERAL
48
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I Sec. 122-1.— General.
2 (a) Title. These regulations shall be known as the Floodplain Manygement Ordinance of Monroe
3 County, hereinafter referred to as "this chapter."
4 (b) Scope. The provisions of this chapter shall apply to all development that is wholly within or
5 partially within any flood hazard area, including but not limited to the subdivision of land, filling,
6 grading, and other site improvements and utility installations, construction,alteration,remodeling,
7 enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
8 and facilities that are exempt from the Florida Building Code, placement, installation, or
9 replacement of manufactured homes and manufactured buildings, installation or replacement of
10 tanks, placement of recreational vehicles, installation of swimming pools, and any other
11 development.
12 (c) Purpose and Intent. The purpose of this chapter shall be interpreted cumulatively with its
13 intent, and shall be taken into account, granted substantial weight, and guide all interpretations
14 and constructions of this chapter. Monroe County is subject to flooding resulting in danger to
15 life, loss of property, health and safety hazards, disruption of commerce and governmental
16 services, extraordinary public expenditures for flood protection and relief, and the impairment
17 of its tax base as an effect of flooding and flood events, all of which adversely affect the public
18 health, safety, and general welfare. The purpose of this chapter's adoption is to ensure the
19 continued availability of federal flood insurance, to comply with federally and state-imposed
20 regulatory requirements, and to protect the public health, safety, and general welfare, by
21 minimizing flood-related losses in Monroe County. All interpretations of this chapter shall in
22 all proceedings and cases further,rather than impair, limit,restrict, or obstruct,the purposes of
23 this chapter. It is the intent of the Board of County Commissioners that the provisions of this
24 chapter be strictly adhered to and enforced in order to maintain the County's eligibility for and
25 benefits of the National Flood Insurance Program. The purposes of this chapter and the flood
26 load and flood resistant construction requirements of the Florida BuildiLg Code and the
27 floodplain management requirements within Monroe County Code of Ordinances, Chapter 6
28 Buildings and Construction, are to establish minimum requirements to safeguard the public
29 health, safety, and general welfare and to minimize public and private losses due to flooding
30 through regulation of development in flood hazard areas to:
31 (1) Minimize unnecessary disruption of commerce, access and public service during times of
32 flooding,
33 (2) Require the use of appropriate construction practices in order to prevent or minimize future
34 flood damage,
35 (3) Manage filling, grading dredging, mining,paving, excavation, drilling operations, storage
36 of equipment or materials, and other development which may increase flood damage or
37 erosion potential,
38 (4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
39 development on the natural and beneficial functions of the floodplain;
40 (5) Minimize damage to public and private facilities and utilities,
41 (6) Help maintain a stable tax base by providing for the sound use and development of flood
42 hazard areas,
43 (7) Minimize the need for future expenditure of public funds for flood control projects and
44 response to and recovery from flood events,
45 (8) Ensure potential home buyers are notified that property is in a flood hazard area, and
46 (9) Meet the requirements of the National Flood Insurance Program for community_
5175
I participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
2 (d) Construction and Interpretation. In the interpretation and application of this chapter, all
3 provisions herein shall be considered as minimum requirements and shall not be deemed to
4 forfeit, waive, eliminate, limit, condition, qualify, or repeal any other powers granted to the
5 county pursuant to Florida law. This chapter, being necessary for the health, safety, and
6 welfare of the residents of and visitors to the county, shall be liberally construed to effect the
7 intent and purposes hereof, and interpretation and construction of this chapter shall be
8 construed in favor of Monroe County, and such construction and interpretation shall be
9 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and
10 on meal.
11 (e) Administrative Deference. The Board of County Commissioners legislatively finds that the
12 construction of this chapter by a county department or office charged with its administration,
13 interpretation, or enforcement shall be leery entitled to deference and great wei_hg t in
14 adversarial administrative proceedings, at trial, in bankruptcy, and on meal, and that such
15 administrative interpretations should not be modified or overturned by an administrative
16 hearing officer or court of competent jurisdiction unless clearly erroneous. If such
17 administrative staff interpretation is within the range of possible and reasonable
18 interpretations, it is not clearly erroneous and should be affirmed.
19 (f) Coordination with the Florida Buildin,- Code. This chapter is intended to be administered
20 and enforced in conjunction with the Florida Building Code. The flood load and flood
21 resistant construction requirements of the Florida Building Code shall apply to all buildings
22 and structures that are wholly within or partially within any flood hazard area. Where cited
23 in this chapter, ASCE 24 refers to the edition of the standard that is referenced by the Florida
24 Building Code. To the extent of any conflict between this chapter and the Florida Building
25 Code, the more restrictive is deemed to be controlling.
26 (2) Provisions to be Cumulative to Other County Ordinances and Regulations. This chapter
27 supersedes any ordinance or regulation in effect for management of development in flood
28 hazard areas, but otherwise is intended to be administered and enforced in conjunction with
29 and cumulative to any other county ordinances including but not limited to land development
30 regulations, zoning ordinances, stormwater management regulations, or the Florida Building
31 Code. This chapter does not revise or repeal any other existing_ c ounty ordinance or regulation
32 in any way_
33 (h) Internal Conflicts. Where there is a conflict between a general provision or requirement and
34 a specific provision or requirement in this chapter, the specific shall be applicable. To the
35 extent of any conflict between one provision or requirement and another provision or
36 requirement of this chapter, the more restrictive is deemed to be controlling. Where a more
37 restrictive _general provision or requirement conflicts with a less restrictive specific provision
38 or requirement, the more restrictive general requirement shall prevail.
39 (i)Effect of State and Federal Laws. If a state or federal law, whether existing at the time of this
40 chapter's effective date or enacted after its effective date, which is applicable to and limits,
41 prohibits, restricts, conditions, or qualifies the meaning, effectiveness, or operation any
42 provision or requirement herein, such provision or requirement of this chapter shall be
43 interpreted, administered, and enforced to the maximum extent permitted by law.
44 (j)Injunctive Relief. The County Attorney is authorized to seek affirmative or negative injunctive
45 relief authorizing or commanding compliance with this chapter through, including but not
46 limited to, cessation of a use, or removal of a building or structure or a part or portion thereof,
5176
I by motion for emergency,preliminary,or permanent injunction, including by ex parte motion,
2 or other forms of equitable relief, from a court of competent jurisdiction, upon presentation
3 of prima facie evidence of a violation of this chapter to such court.
4 (k) No Waiver or Estoppel. It being that Monroe County possesses discretion to enforce this
5 chapter, the county's delay or failure to enforce any provision contained in this chapter,
6 however long continued, shall not be deemed a waiver or estoppel of the right for the County
7 to enforce this chapter at any time thereafter.
8 (1) Severabili , . If any provision of this chapter, or any portion thereof, is held to be invalid or
9 unenforceable by any administrative hearing officer or court of competent jurisdiction, the
10 invalidity or unenforceability of such provision, or any portionthereof, shall neither limit nor
11 impair the operation, enforceability, or validity of any remaining portion(s) thereof, or of any
12 other provision of this chapter. All remaining portion(s)thereof and all other provisions of this
13 chapter shall continue unimpaired in full force and effect.
14 (m) Warning. The degree of flood protection, activities, or work required by this chapter and the
15 Florida Building Code, as amended by Monroe County, is considered the minimum necessary
16 and reasonable to accomplish the intent and purposes herein and is based upon scientific and
17 engineering_ considerations. Larger floods can and will occur. Flood heights and flood-related
18 impacts may be increased,intensified,or exacerbated by man-made or natural causes. This chapter
19 does not expressly provide or imply that land outside of mapped special flood hazard areas, or that
20 structures or uses authorized and permitted within such flood hazard areas, will be free from
21 flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood
22 Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code
23 of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency
24 Management Agency,requiring Monroe County to revise this chapter and regulations to remain
25 eligible for participation in the National Flood Insurance Program and its benefits. No
26 guarantee of a vested right to a structure or use, existing use, or future use is implied or
27 expressed by any part of or compliance with this chapter.
28 (n) No Liability. This chapter shall not create liability on the part of the Board of County
29 Commissioners of Monroe County or any officer or employee thereof for any flood damage
30 allegedly arising out of, related to, or in connection with this chapter or any administrative
31 decision lawfully made thereunder. This chapter shall not be deemed to have waived, for the
32 county, or for its officers or employees, any sovereign governmental, or any other similar
33 defense, immunity, exemption, or protection against any suit, cause of action, demand, or
34 liabilily.
35
36 Sec. 122-2—Applicability.
37 (a) Applicability this chapter. Where there is a conflict between a general requirement and a
38 specific requirement, the specific requirement shall be applicable.
39 (b)Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within
40 the unincorporated areas of Monroe County, as established in section 122-2(c) of this chapter.
41 (c) Basis for establishing flood hazard areas, Species Focus Area Maps (SFAMs)with Focus
42 Area Buffers and Federally Protected Species Area Real Estate (RE) List; and Species
43 Assessment Guides (SAGs).
44 (1) The Flood Insurance Study for Monroe County dated February 18, 2005, and the
45 - accompanying Flood Insurance Rate Maps (FIRM), are adopted by reference as a part of
46 this chapter, shall be kept on file, available to the public, in the offices of the county
5177
I Building Department and shall serve as the minimum basis for establishing flood hazard
2 areas. Amendments and revisions by Letters of Map Change (LOMC) issued by FEMA
3 shall be retained by the County and utilized for implementing this chapter. Studies and
4 maps that establish flood hazard areas shall be kept on file at the offices of the county
5 Building Department.
6 (2)For implementation of the Permit Referral Process (PRP)in Section 122-12 of this chapter,
7 the following are adopted by reference as a part of this chapter:
8 a. Species focus area maps (SFAMs) with Species focus area buffers and species real
9 estate (RE) list. FEMA and the U.S. Fish and Wildlife Service (FWS) have provided
10 the species focus area maps (SFAMs) mailed to Monroe County and dated April 30,
11 2011, and a listing of real estate numbers of parcels (RE list)emailed to Monroe County
12 and dated November 18, 2011,that are within the SFAMs and that have been identified
13 by FWS. The SFAMs and the RE list that are within the SFAMs identified by the FWS
14 in accordance with the biological opinion, dated April 30, 2010, as amended December
15 14, 2010, are hereby declared to be a part of this chapter. The SFAMs and RE list are
16 on file at the Monroe County Clerk's office and the Monroe County Growth
17 Management Division Office.
18 b. Species assessment guides (SAGS). FEMA and FWS provided the May 20, 2012,
19 species assessment guides des (SAGS) to Monroe County and Monroe County adopted
20 these SAGS on September 13, 2012. FEMA and the FWS provided revisions of the
21 SAGs to Monroe County on July 29, 2013. Permits submitted after February 17, 2014,
22 the date of this ordinance shall be reviewed utilizing the July 29, 2013, FEMA/FWS
23 SAGs. These SAGS are declared to be a part of this chapter. The SAGS are on file at
24 the Monroe County Clerk's office and the Monroe County Growth Management
25 Division Office.
26 (d) Submission of additional data to establish flood hazard areas. To establish flood hazard
27 areas and base flood elevations, pursuant to section 122-13 of this chapter the Floodplain
28 Administrator may require submission of additional data. Where field surveyed topography
29 prepared by a Florida licensed professional surveyor or digital_ topography accepted by the
30 Floodplain Administrator indicates that ground elevations:
31 (1) Are below the closest applicable base flood elevation, even in areas not delineated as a
32 special flood hazard area on a FIRM, the area shall be considered as flood hazard area and
33 subject to the requirements of this chapter and, as applicable, the requirements of the
34 Florida Building Code.
35 (2) Are above the closest applicable base flood elevation,the area shall be regulated as special
36 flood hazard area unless the applicant obtains a Letter of Map Change that removes the
37 area from the special flood hazard area.
38 (e) Abrogation and treater restrictions. This chapter supersedes any ordinance in effect for
39 management of development in flood hazard areas. However, it is not intended to repeal or
40 abrogate any existing ordinances including but not limited to land development regulations,
41 zoning ordinances, stormwater management regulations, or the Florida Building Code. In the
42 event of a conflict between this chapter and any other ordinance, the more restrictive shall
43 og vern.
44 Sec. 122-3.—Definitions.
45 The following words,phrases and terms shall, for the exclusive purposes of this chapter only, have
46 the specific definitions and meanings shown in this section. Where such words,phrases and terms
5178
I are not defined in this chapter and are defined in the Florida Building Code, such words, phrases
2 and terms shall have the meanings ascribed to them in the Florida Building Code. Where such
3 words, phrases and terms are not defined in this chapter or the Florida Building Code, the County
4 shall utilize the adopted definitions within Chapter 101 of the Monroe County Land Development
5 Code. If the definitions of such words, phrases and terms are not within the Land Development
6 Code, the words,phrases and terms shall have ordinarily accepted meanings as its context and the
7 context of its provision and its provision's structural placement imply.
8
9 Accessory structure means a structure that is located on the same parcel or on a contiguous
10 parcel that is under the same ownership as the principal structure and the use of which is
11 subordinate to and incidental to the use of the principal structure. Accessory structures should
12 constitute a minimal initial investment, shall be limited to use for parking and storage and may
13 not be used for human habitation, and must be designed to have minimal flood damage
14 potential. Examples of accessory structures are two- car detached garages (or smaller),
15 carports, storage sheds, and pole barns (does not include gazebos, pavilions, picnic shelter, or
16 a carport that is open on all sides).
17
18 Adiacent to contiguous native habitat means an area of native habitat sharing a boundary at
19 one or more points of intersection with other native habitat. For purposes of this land
20 development code, an intervening road, right-of-way or easement shall not destroy the
21 adjacency of the habitat. However, U.S. 1, canals and open water shall constitute a break in
22 adjacency_
23
24 ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced
25 by the Florida Building Code. ASCE 24 is developed and published by the American Society
26 of Civil Engineers, Reston, VA.
27
28 Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given
29 year. The base flood is commonly referred to as the "100-year flood" or the"1-percent-annual
30 chance flood."
31
32 Base flood elevation (BFE) means the elevation of the base flood, including wave height,
33 relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
34 (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
35
36 Basement means the portion of a building having its floor subgrade (below ground level) on
37 all sides.
38
39 Coastal A Zone means the area within a special flood hazard area, landward of a V zone or
40 landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the
41 principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not
42 riverine flooding.During the base flood conditions,the potential for breaking wave height shall
43 be greater than or equal to 1 1/z feet(457 mm). The inland limit of the coastal A zone is (a)the
44 Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority
45 having jjurisdiction.
46
5179
I Coastal high hazard area means a special flood hazard area extending from offshore to the
2 inland limit of a primary frontal dune along an open coast and any other area subject to high
3 velocity wave action from storms or seismic sources. Coastal high hazard areas are also
4 referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are
5 designated on Flood Insurance Rate Maps (FIRM) as Zone VI-V30, VE, or V.
6
7 Design flood means the flood associated with the greater of the following two areas:
8 (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year,
9 or
10 (2) Area designated as a flood hazard area on the community's flood hazard map, or
11 otherwise leery designated.
12
13 Desiy flood elevation means the elevation of the "design flood," including wave hei"ht
14 relative to the datum specified on the community's legally designated flood hazard map. In
15 areas designated as Zone AO, the design flood elevation shall be the elevation of the highest
16 existing.grade of the building's perimeter plus the depth number(in feet) specified on the flood
17 hazard map. In areas designated as Zone AO where the depth number is not specified on the
18 map, the depth number shall be taken as being equal to 2 feet.
19
20 Development means any man-made change to improved or unimproved real estate, including
21 but not limited to, buildings or other structures, tanks, temporary structures, temporary or
22 permanent storage of equipment or materials, mining, dredging, filling, grading, paving,
23 excavations, drilling operations or any other land disturbing activities.
24
25 Flood
proofiLig Certificate means the FEMA Floodproofing Certificate for Non-Residential
26 Structures form issued by FEMA for the collection of design information and elevations for
27 specific buildings in flood hazard areas. The FEMA Floodproofing Certificate is revised and
28 reissued periodically. Applicants and permittees shall use the edition current as of the date of
29 submission.
30
31 Elevation Certificate means the FEMA Elevation Certificate form issued by FEMA for the
32 collection of information and elevations for specific buildings in flood hazard areas. The
33 FEMA Elevation Certificate is revised and reissued periodically. Applicants and permittees
34 shall use the edition current as of the date of submission.
35
36 Elevated buildiLg means a nonbasement building that has its lowest elevated floor raised above
37 ground level by foundation walls, shear walls,posts,piers,pilings, or columns.
38
39 Enclosed area or enclosure means the portion of an elevated building below the lowest
40 elevated floor that is fully shut in by rigid walls and used solely for limited storage,parking or
41 building access.Enclosures shall not be constructed,modified,equipped, or used for habitation
42 or other purposes.
43
44 ExistiLg buildiLg and existing structure means any buildings and structures for which the"start
45 of construction" commenced before June 15, 1973.
46
5180
I Existing manufactured home park or subdivision means a manufactured home park or
2 subdivision for which the construction of facilities for servicing the lots on which the
3 manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
4 the construction of streets, and either final site grading or the pouring of concrete pads) is
5 completed before June 15, 1973.
6
7 Federal Emergencv Management Agency (FEMA) means the federal a_ _gency that, in addition
8 to carrying out other functions, administers the National Flood Insurance Program.
9
10 Flood or floodiLig means a general and temporary condition of partial or complete inundation
11 of normally dry land from:
12 (1) The overflow of inland or tidal waters.
13 (2) The unusual and rapid accumulation or runoff of surface waters from any source.
14
15 Flood damage-resistant materials means any construction material capable of withstanding
16 direct and prolonged contact with floodwaters without sustaining any damage that requires
17 more than cosmetic repair.
18
19 Flood hazard area means the greater of the following two areas:
20 (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
21 year.
22 (2) The area designated as a flood hazard area on the community's flood hazard map, or
23 otherwise leery designated.
24
25 Flood Insurance Rate Map (FIRM) means the official map of the community on which the
26 Federal Emergency Management Agency has delineated both special flood hazard areas and
27 the risk premium zones applicable to the community.
28
29 Flood Insurance Study (FIS) means the official report provided by the Federal Emer_ gency
30 Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
31 Floodway Map (if applicable), the water surface elevations of the base flood, and suporting
32 technical data.
33
34 Floodplain Administrator means the office or position designated and charged with the
35 administration and enforcement of this chapter. The term"Floodplain Administrator" shall be
36 synonymous with the term the "Floodplain Manager."
37
38 Floodplain development order or permit or approval means an official document or certificate
39 issued by the community, or other evidence of approval or concurrence, which authorizes
40 performance of specific development activities that are located in flood hazard areas and that
41 are determined to be compliant with this chapter.
42
43 Florida Building Code (FBC) means the family of codes adopted by the Florida Building
44 Commission, including the: Florida Building Code, Building; Florida Building Code,
45 Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
46 Florida Building Code, PlumbiLig; Florida Building Code, Fuel Gas.
5181
1
2 Functionally dependent use means a use which cannot perform its intended purpose unless it
3 is located or carried out in close proximity to water, including only docking facilities, port
4 facilities that are necessary for the loading and unloading of cargo or passengers, and ship
5 building and ship repair facilities, the term does not include long-term storage or related
6 manufacturing facilities.
7
8 Highest adjacent ,grade means the highest natural elevation of the ground surface prior to
9 construction next to the proposed walls or foundation of a structure.
10
11 Historic structure means any structure that is determined eligible for the exception to the flood
12 hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
13 Buildings. For the purposes of this exception, a historic building is:
14 (1) Listed or preliminarily determined to be eligible for listing in the National Register of
15 Historic Places, or
16 (2) A contributing resource within a National Register of Historic Places listed district, or
17 (3) Designated as historic property under an official municipal, county, special district or
18 state designation, law, ordinance or resolution either individually or as a contributing
19 property in a district, provided the local program making the designation is approved
20 by the Department of the Interior; or
21 (4) Determined eligible by the Florida State Historic Preservation Officer for listing_ in the
22 National Register of Historic Places, either individually or as a contributing property
23 in a district.
24
25 Illegal structure or use means a structure or use that is not a legal structure or legal use as
26 defined in this chapter.
27
28 Legal structure means a structure that was permitted under the floodplain regulations in effect
29 at the time construction commenced on the structure in its current configuration and received
30 a permit or final inspection or certificate of occupancy for the structure in its current
31 config_uration.
32
33 Legal use means a use that was permitted by the floodplain regulations at the time the use
34 commenced on the property.
35
36 Limit ofModerate Wave Action means a line shown on FIRMS to indicate the inland limit of
37 the 1 1/2-foot(457 mm)breaking wave height during the base flood.
38
39 Limited storage means storage that is incidental and accessory to the principal structure. For
40 example, if the principal structure is a residence, storage should be limited to items such as
41 lawn and garden equipment, tires, and other low damage items that will not suffer flood
42 damage or can be conveniently moved to the elevated part of the building. Flood insurance
43 coverage for enclosures and contents below the base flood elevation is very limited.
44
45 Letter op Change (LOMC) means an official determination issued by FEMA that amends
46 or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Mai
5182
I Change include:
2 (1) Letter of Map Amendment (LOMA) means an amendment based on technical data
3 showing that hat a property was incorrectly included in a designated special flood hazard
4 area. A LOMA amends the current effective Flood Insurance Rate Map and establishes
5 that a specific property, portion of a property, or structure is not located in a special
6 flood hazard area.
7 (2) Letter of Myp Revision (LONIR) means a revision based on technical data that may
8 show changes to flood zones, flood elevations, special flood hazard area boundaries
9 and floodway delineations, and other planimetric features.
10 (3)Letter ofMap Revision Based on Fill(LONIR-F) means a determination that a structure
11 or parcel of land has been elevated by fill above the base flood elevation and is,
12 therefore, no longer located within the special flood hazard area. In order to qualify
13 for this determination,the fill must have been permitted and placed in accordance with
14 the community's floodplain management regulations.
15 (4) Conditional Letter oLyap Revision (CLOMR) means a formal review and comment as
16 to whether a proposed flood protection project or other project complies with the
17 minimum NFIP requirements for such projects with respect to delineation of special
18 flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map
19 or Flood Insurance Study, upon submission and approval of certified as-built
20 documentation, a Letter of Map Revision may be issued by FEMA to revise the
21 effective FIRM.
22
23 Li hg t-duty truck,defined in 40 C.F.R. 86.082-2,means any motor vehicle rated at 8,500 pounds
24 Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
25 less and which has a basic vehicle frontal area of 45 square feet or less, which is:
26 (1) Designed primarily for purposes of transportation of property or is a derivation of such
27 a vehicle, or
28 (2) Designed primarily for transportation of persons and has a capacity of more than 12
29 persons, or
30 (3) Available with special features enabling off-street or off-highway operation and use.
31
32 Lowest floor means the lowest floor of the lowest enclosed area of a building or structure,
33 including basement, but excluding any unfinished or flood-resistant enclosure, other than a
34 basement, usable solely for vehicle parking, building access or limited storage provided that
35 such enclosure is not built so as to render the structure in violation of the non-elevation
36 requirements of the Florida BuildinZ Code or ASCE 24.
37
38 ManZrove stand means an assemblage of mangrove trees which are mostly low trees noted for
39 a copious development of interlacing adventitious roots above the ground and which contains
40 one or more of the following species: Black mangrove, red mangrove, white mangrove, and
41 buttonwood.
42
43 Manufactured home means a structure, transportable in one or more sections, which is eight
44 (8)feet or more in width and greater than four hundred(400) square feet, and which is built on
45 a permanent, integral chassis and is designed for use with or without a permanent foundation
46 when attached to the required utilities. The term "manufactured home" does not include a
5183
I "recreational vehicle" or"park trailer."
2
3 Manufactured home park or subdivision means a parcel(or Conti_ "ous parcels)of land divided
4 into two or more manufactured home lots for rent or sale.
5
6 Market value means the price at which a property will change hands or be transferred between
7 a willing buyer and a willing seller,neither party being under compulsion to buy,sell or transfer
8 and both having reasonable knowledge of relevant facts, which shall include imputing
9 constructive knowledge of controlling local, state, and federal laws and regulations. As used
10 in this chapter, the term "market value" refers to the market value of buildings and structures,
11 excluding the land and other improvements on the parcel. Market value may be established by
12 a qualified certified independent appraiser, Actual Cash Value (in-kind replacement cost
13 depreciated for age, wear and tear, neglect, and quality of construction), established by a
14 qualified certified independent appraiser or tax assessment value adjusted by 20 percent(20%)
15 to approximate market value. A uniform appraisal report prepared by a qualified certified
16 independent appraiser submitted by the applicant may be used if the Floodplain Administrator
17 considers such appraisal consistent with local construction costs. A structure or building
18 originally manufactured or built as a vehicle, shall exclusively be Upraised by utilizing the
19 Kelley Blue Book or a NADA appraisal. Documentation of alleged local construction costs
20 submitted by a property owner to the Floodplain Administrator must be submitted in the form
21 of a sworn or attested affidavit that shall be based upon the personal knowledge of the
22 certifying affiant and must be notarized. Where an appraisal is not accepted because it wears
23 to be inconsistent with local construction costs,the applicant may request review by a qualified
24 certified independent third-party appraiser duly authorized by the county. The cost of such
25 independent review shall be borne by the applicant. The reviewing appraiser shall determine
26 if the appraisal value reasonably reflects an appropriate market value of the structure. The
27 reviewing appraiser's determination must be in a written document, shall be sworn or attested
28 to by the certifying affiant and expressly provide that it is based on the certifying affiant's
29 personal knowledge, and must be notarized. Professionals preparing appraisals or appraisal
30 reviews shall be required to possess certifications as state certified residential appraisers for
31 appraising one to four family residential properties and state certified general appraisers for all
32 other properties including commercial and multi-residential. Neither an appraisal making an
33 extraordinary assumption that a building or structure was in good condition as of a date prior
34 to a flood event nor a retrospective appraisal (an appraisal done retrospectively based on a date
35 prior to the flood event) shall be eligible for consideration or relief. A building or structure that
36 was never lawfully permitted in the first place shall not be eligible for issuance of a permit or
37 development approval.
38
39 New construction means, for the purposes of administration of this chapter and the flood
40 resistant construction requirements of the Florida BuildiLg Code, structures for which the
41 "start of construction" commenced on or after June 15, 1973. and includes any subsequent
42 improvements to such structures.
43
44 Nonconversion Agreement means a form provided by the Floodplain Administrator to be
45 signed by the owner and recorded on the property deed in Official Records of the Monroe
46 County Clerk of Court, for the owner to agree not to convert or modify in any manner that is
5184
I inconsistent with the terms of the building�permit and these regulations, enclosures below
2 elevated buildings, certain crawl/underfloor spaces, detached accessory structures, and
3 arg_ages.
4
5 Nonconforming structure means a structure or a portion of a structure below the base flood
6 elevation that is lawfully existing or permitted and is not fully conforming with the terms of
7 this chapter.
8
9 Notice to proceed means a written authorization by the Planning and Environmental Resources
10 Department and/or Building Department to the permittee authorizing permitted development
11 to begin.
12
13 Park trailer means a transportable unit which has a body width not exceeding fourteen (14)
14 feet and which is built on a single chassis and is designed to provide seasonal or temporary
15 living quarters when connected to utilities necessary for operation of installed fixtures and
16 appliances.
17
18 Recreational vehicle means a vehicle, including a park trailer, which is:
19 (1) Built on a single chassis,
20 (2) Four hundred (400) square feet or less when measured at the largest horizontal
21 projection,
22 (3) Designed to be self-propelled or permanently towable by a light duty truck, and
23 (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
not for use as a permanent dwelling but as temporary living quarters
24 for recreational, camping, travel, or seasonal use.
25
26 Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of
27 the beach.
28
29 Special flood hazard area means an area in the floodplain subject to a 1 percent or greater
eater
30 chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone
31 A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V.
32
33 Start ofconstruction means the date of issuance of permits for new construction and substantial
34 improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
35 addition, placement, or other improvement is within 180 days of the date of the issuance. The
36 actual start of construction means either the first placement of permanent construction of a
37 building(including a manufactured home) on a site, such as the pouring of slab or footings,
38 the installation of piles, or the construction of columns. Permanent construction does not
39 include land preparation (such as clearing, grading, or filling), the installation of streets or
40 walkways, excavation for a basement,footings,piers,or foundations,the erection of temporary
41 forms or the installation of accessory buildings such as _garages or sheds not occupied as
42 dwelling units or not part of the main buildings. For a substantial improvement, the actual
43 "start of construction" means the first alteration of any wall, ceiling, floor or other structural
44 part of a building,whether or not that alteration affects the external dimensions of the building.
45
46 Substantial damyge means damage of any origin sustained by a building or structure whereby
5185
I the cost of restoring the building or structure to its before damaged (pre-damage") condition
2 would equal or exceed 50 percent of the market value of the building or structure before the
3 damage occurred. Structures that are determined to be substantially damaged are automatically
4 considered to be substantial improvements, regardless of the actual repair work performed. If
5 the cost necessary to fully repair the structure to its before damage (pre-damage") condition
6 is equal to or greater than 50 percent of the structure's market value before damages (Pre-
7 damage" market value), then the structure must be elevated (or flood proofed if it is non-
8 residential) to or above the required elevation and meet all other aplicable requirements of
9 the Florida Building Code and this chapter. Items that may be excluded from the cost to repair
10 are listed in the substantial improvement/substantial damage worksheet/checklist developed
11 by the County Floodplain Administrator(which shall be kept on file and available to the public
12 in the offices of the County Building Department) and, include but are not limited to, costs to
13 prepare plans and specifications, survey costs, and permit and inspection fees. Items that may
14 also be excluded include costs to lawfully temporarily stabilize a building so that it's safe to
15 enter to evaluate and identify required repairs and lawful improvements to items outside the
16 building, such as the driveway, septic systems, wells, fencing, landscaping and detached
17 accessory structures.
18
19 Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addition,
20 or other improvement of a building or structure, including any improvement and any repair of
21 damage sustained from any origin,the cost of which equals or exceeds 50 percent of the market
22 value of the building or structure before the improvement or repair is started. If the building or
23 structure has incurred "substantial damage," any repairs are considered a substantial
24 improvement regardless of the actual repair work performed. The term does not, however,
25 include either:
26 (1) Any project for lawful improvement of a building required to correct existing health,
27 sanitary, or safety code violations identified by the Building Official and that are the
28 minimum necessary to assure safe living conditions.
29 (2) Lawful minimum necessary repairs required to remedy health, safety,and sanitary code
30 deficiencies provided the Building Official, Fire Marshal, or Health Officer were prior
31 to such repairs' occurrence expressly informed of the existence and the extent of the
32 code deficiencies,the deficiencies were in existence prior to the occurrence of damage
33 or prior to the start of an improvement, and the deficiencies are not triggered solely by
34 the proposed improvements or repairs.
35 (3) Any alteration of a historic structure provided that the alteration will not preclude the
36 structure's continued designation as a historic structure.
37
38 Variance means a grant of relief from the requirements of this chapter, or the flood resistant
39 construction requirements of the Florida Building Code, which permits construction in a
40 manner that would not otherwise be permitted by this chapter or the Florida Building Code.
41
42 V-Zone and Coastal A Zone Construction Certification Form means the Monroe County V-
43 Zone and Coastal A Zone Construction Certification Form for New Construction &
44 Substantially Improved/Damaged Structures. Design calculations signed and sealed by the
45 design professional must be submitted with the Form, and include at a minimum, if aPplicable:
46 (1) Calculated velocity
47 (2) Hydrostatic load—buoyancy effects, lateral loads from standing water, slowly moving
5186
I water, and nonbreakin waves
2 (3) Breaking wave load
3 (4) Hydrodynamic load—from rapidly moving water, including breaking waves
4 (5) Debris impact load—from waterborne objects
5 (6) Estimation of scour
6 (7) Breakaway wall design and calculations
7 (8) Free of obstruction designground for ground slabs
8 (9) Free of obstruction design for accessory structures and pools.
9
10 Sec. 122-4— 122-9.—Reserved.
11
12 ARTICLE IL —ADMINISTRATION
13
14 Sec. 122-10.—Duties and Powers of the Floodplain Administrator.
15 (a)Floodplain Administrator; designation. The Building Official is designated as the Floodplain
16 Administrator. The Floodplain Administrator may delegate performance of certain of his or
17 her duties to other employees.
18 (b) General authority. The Floodplain Administrator is authorized and directed to administer and
19 enforce the provisions of this chapter. The Floodplain Administrator shall have the authority
20 to render interpretations of this chapter consistent with the intent and purpose of this chapter
21 and may approve and establish policies and procedures in order to clarify the application of its
22 provisions. The Floodplain Administrator is authorized to aprove tools, tables, and software
23 developed to render substantial damage or substantial improvement calculations, which are
24 provided to the County by federal agencies including but not limited to FEMA and NOAA;
25 such approvals shall be construed as legislatively authorized and executive in nature. The
26 Floodplain Administrator shall be guided by the current editions of FEMA's technical bulletins
27 and other guidance publications, interpretative letters, and policy statements issued by FEMA
28 that are adopted by resolution by the Board of County Commissioners. Such interpretations,
29 policies, resolutions, and procedures shall not have the effect of waiving requirements
30 specifically provided in this chapter or the Florida BuildiLg Code without the granting of a
31 variance pursuant to section 122-17 of this chapter.
32 (c) Applications and permits. The Floodplain Administrator, in consultation with the Building
33 Official and in coordination with other pertinent offices of Monroe County, shall:
34 (1) Review aplications and plans to determine whether proposed new development will be
35 located in flood hazard areas;
36 (2) Review aplications for modification of any existing development in flood hazard areas
37 for compliance with the requirements of this chapter;
38 (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine
39 the exact location of boundaries; a person contesting the determination shall have the
40 opportunity to meal that interpretation;
41 (4) Provide available flood elevation and flood hazard information;
42 (5) Determine whether additional flood hazard data shall be obtained from other sources or
43 shall be developed by an applicant;
44 (6) Review aplications to determine whether proposed development will be reasonably safe
45 from flooding;
46 (7) Issue Foodplain development orders or permits for development other than buildings and
5187
I structures that are subject to the Florida Building Code, including buildings, structures and
2 facilities exempt from the Florida Building Code, when compliance with this chapter is
3 demonstrated, or disapprove the same in the event of noncompliance, and
4 (8) Coordinate with and provide comments to the Building Official to assure that aplications,
5 plan reviews, and inspections for buildings and structures in flood hazard areas comply
6 with the aplicable provisions of this chapter.
7 (d) Substantial improvement and substantial damage determinations. For applications for
8 building permits to improve buildings and structures, including alterations, movement,
9 enlargement,replacement,repair, change of occupancy, additions,rehabilitations,renovations,
10 substantial improvements, repairs of substantial damage, and any other improvement of or
11 work on such buildings and structures, the Floodplain Administrator, in coordination with the
12 Building Official, shall:
13 (1) Develop a substantial improvement/substantial damage worksheet/checklist, consistent
14 with guidance published by FEMA, to communicate to property owners, residents,
15 contractors and design professionals, that includes, but is not limited to, affidavit
16 requirements, acceptable documentation of costs, identification of costs that may be
17 excluded from the cost of proposed improvements and repairs, and conditions relevant to
18 exclusion of costs in accordance with the definition of "substantial damage" and
19 "substantial improvement."
20 (2) Estimate the market value, or require the aplicant to obtain an apraisal of the market
21 value prepared by a qualified certified independent appraiser, of the building or structure
22 before the start of construction of the proposed work, in the case of repair,the market value
23 of the building or structure shall be the market value before the damage occurred and before
24 any repairs are made,
25 (3) Compare the cost to perform the improvement,the cost to repair a damaged building_ to o its
26 pre-damaged condition, or the combined costs of improvements and repairs, if aplicable,
27 to the market value of the building or structure,
28 (4) Determine and document whether the proposed work constitutes a substantial improvement
29 or the repair of substantial damage, and
30 (5) Notify the aplicant if it is determined that the work constitutes a substantial improvement
31 or the repair of substantial damage and that compliance with the flood resistant construction
32 requirements of the Florida Building Code and this chapter is required.
33 (e) Modifications of the strict application of the requirements of the Florida Buildin,- Code.
34 The Floodplain Administrator shall review requests submitted to the Building Official that seek
35 approval to modify the strict application of the flood load and flood resistant construction
36 requirements of the Florida Building Code to determine whether such requests require the
37 _granting of a variance pursuant to section 122-17 of this chapter.
38 (f) Notices and orders. The Floodplain Administrator shall coordinate with apropriate local
39 agencies for the issuance of all necessary notices or orders to ensure compliance with this
40 chapter.
41 (2)Inspections. The Floodplain Administrator shall make the required inspections as specified in
42 section 122-14 of this chapter for development that is not subject to the Florida Building Code,
43 including buildings, structures and facilities exempt from the Florida Building Code. The
44 Floodplain Administrator shall inspect flood hazard areas to determine if development is
45 undertaken without issuance of a Foodplain development permit.
5188
I (h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
2 other duties, including but not limited to:
3 (1) Establish, in coordination with and with the approval of the Building Official, Procedures
4 for administering and documenting determinations of substantial improvement and
5 substantial damage made pursuant to section 122-10(d) of this chapter;
6 (2) Require applicants who submit hydrologic and hydraulic engineering analyses to support
7 permit applications to submit to FEMA the data and information necessary to maintain the
8 Flood Insurance Rate Maps if the analyses propose to change base flood elevations, or
9 flood hazard area boundaries, such submissions shall be made within six (6)months of the
10 Floodplain Administrator's notice to the applicant to submit to FEMA the data and
11 information necessary to maintain the Flood Insurance Rate Maps.
12 (3) Review required design certifications and documentation of elevations (FEMA Elevation
13 Certificates)specified by this chapter and the Florida Building Code to determine that such
14 certifications and documentations are complete,
15 (4) Notify the Federal Emergency _Management A _gency when the corporate boundaries of
16 Monroe County are modified, and
17 (5) Advise applicants for new buildings and structures, including substantial improvements,
18 that are located in any unit of the Coastal Barrier Resources System established by the
19 Coastal Barrier Resources Act(Pub. L. 97-348) and the Coastal Barrier Improvement Act
20 of 1990 (Pub. L. 101-591), that federal flood insurance is not available on such
21 construction, areas subject to this limitation are identified on Flood Insurance Rate Maps
22 as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
23 (i) Floodplain management records. Regardless of any limitation on the period required for
24 retention of public records,the Floodplain Administrator shall maintain and permanently keep
25 and make available for public inspection all records that are necessary for the administration
26 of this chapter and the flood resistant construction requirements of the Florida Building Code,
27 including, but not limited to, Flood Insurance Rate Maps, Letters of Map Change, records of
28 issuance of permits and denial of permits;determinations of whether proposed work constitutes
29 a substantial improvement or the repair of substantial damage, required design certifications
30 and documentation of elevations (FEMA Elevation Certificates) specified by the Florida
31 Building Code and this chapter; documentation related to meals and variances, including
32 justification for issuance or denial, and records of enforcement actions taken pursuant to this
33 chapter and the flood resistant construction requirements of the Florida Building Code.
34
35 Sec. 122-11.—Permits.
36 (a) Permits required. Any owner or owner's authorized went (hereinafter "applicant") who
37 intends to undertake any development activity within the scope of this chapter, including
38 buildings, structures and facilities exempt from the Florida Building Code, which is wholly
39 within or partially within any flood hazard area shall first make application to the Floodplain
40 Administrator, and the Building Official if applicable, and shall obtain all the required
41 Foodplain development orders or permits. No such order or permit shall be issued until
42 compliance with the requirements of this chapter and all other applicable codes and regulations has
43 been satisfied.
44 (b) Floodplain development orders or permits. Floodplain development orders or permits shall be
45 issued pursuant to this chapter for any development activities not subj ect to the requirements of the
46 Florida Building Code, including buildings, structures and facilities exempt from the Florida
5189
I Building Code. Depending on the nature and extent of proposed development that includes a
2 building or structure, the Floodplain Administrator may determine that a floodplain development
3 order is required in addition to a buildingzpermit.
4 (c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to
5 the requirements of federal regulations for participation in the National Flood Insurance
6 Program (44 C.F.R. Sections 59 and 60), floodplain development orders or permits shall be
7 required for the following buildings, structures and facilities that are exempt from the Florida
8 Building Code and any further exemptions provided by law, which are subject to the
9 requirements of this chapter:
10 (1) Railroads and ancillary facilities associated with the railroad.
11 (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
12 (3) Temporary buildings or sheds used exclusively for construction purposes.
13 (4) Mobile or modular structures used as temporary offices.
14 (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
15 are directly involved in the generation, transmission, or distribution of electricity.
16 (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe
17 of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but
18 that has a thatched roof of palm or palmetto or other traditional materials, and that does not
19 incorporate any electrical,plumbing, or other non-wood features.
20 (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
21 assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
22 constructed of granite, marble, or reinforced concrete.
23 (8) Temporary housing providedby the Department of Corrections to any prisoner in the state
24 correctional system.
25 (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
26 Building Code, if such structures are located in flood hazard areas established on Flood
27 Insurance Rate Maps.
28 (d) Application for a floodplain development order or permit. To obtain a floodplain
29 development order or permit the applicant shall first file an application in writing on a form
30 approved by the Building Official and furnished by the Building Department. The information
31 provided by the applicant shall accurately, at a minimum:
32 (1) Identify and describe the scope of work and development to be covered by the order or
33 permit.
34 (2) Describe the land on which the proposed development is to be conducted by complete legal
35 description, street address or similar description that will readily identify and definitively
36 locate the site.
37 (3) Indicate the use and occupancy for which the proposed development is intended.
38 (4) Be accompanied by a site plan or construction documents as specified in section 122-13 of
39 this chapter.
40 (5) State the valuation of the proposed work.
41 (6) Be signed_ by the applicant or by the applicant's authorized a_ gent.
42 (7) Give such other data and information as required by the Floodplain Administrator.
43 (8) For projects proposing to enclose areas under elevated buildings, include signed
44 Nonconversion Agreement, the agreement shall be recorded on the property deed prior to
45 issuance of the Certificate of Occupancy
46 (e) Validity of floodplain development order or permit. The issuance of a floodplain
5190
I development order or permit pursuant to this chapter shall not be construed to be a permit for,
2 or approval of,any violation of this chapter,the Florida Building Code, or any other ordinance,
3 resolution or regulation of Monroe County. The issuance of permits based on submitted
4 applications, construction documents, and information shall not prevent the Floodplain
5 Administrator from requiring the correction of errors and omissions, or in the case of
6 incomplete documents or information, from requiring the supplementation of such prior
7 submitted documents or information with additional documentation or information.
8 (f) Expiration. A floodplain development order or permit shall automatically become invalid by
9 operation of law unless the work authorized by such permit is commenced within 180 days
10 after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days
11 after the work authorized by such permit commences. Extensions for periods of not more than
12 180 days each shall be requested in writing by the applicant and justifiable good cause shall be
13 demonstrated. "Good cause" means a"legally sufficient reason."
14 (2) Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke
15 a floodplain development order or permit if the order or permit was issued in error, if the order
16 or permit was issued on the basis of incorrect, inaccurate or incomplete information, if the
17 county Building Department determines that the application for such order or permit contained
18 false or misleading information or omitted information material and relevant to the county's
19 decision to issue said order or permit, if the application for such order or permit failed to
20 comply with a provision or requirement of this chapter, or if the order or permit was issued in
21 violation of this chapter or any other ordinance, resolution, regulation or requirement of
22 Monroe County.
23 (h) Other permits required. Floodplain development permits and building permits shall include
24 a condition that all other applicable state or federal approvals and permits must be obtained
25 before commencement of the county-permitted development, including but not limited to the
26 following:
27 (1) The South Florida Water Management District,pursuant to Section 373.036, F.S.
28 (2) Florida Department of Health for onsite sewage treatment and disposal systems, pursuant
29 to Section 381.0065, F.S. and Chapter 64E-6, F.A.C.
30 (3) Florida Department of Environmental Protection for activities subject to the Joint Coastal
31 Permit, pursuant to Section 161.055, F.S.
32 (4) Florida Department of Environmental Protection for activities that affect wetlands and alter
33 surface water flows, in conjunction with the U.S. Army Corps of Engineers, pursuant to
34 Section 404 of the Clean Water Act.
35 (5) Federal permits and approvals.
36 (i) Other documentation required. A Nonconversion Agreement signed by the applicant, and
37 plans or drawings specified by the Floodplain Administrator, shall be recorded on the property
38 deed prior to issuance of Certificates of Occupancy or Certificates of Compliance for the
39 following:
40 (1) Enclosed areas below new and substantially improved elevated buildings.
41 (2) Enclosed areas below lateral additions.
42 (3) Enclosed areas below nonconforming buildings that are brought into compliance.
43 (4) Garages and detached accessory structures that are aPproved in accordance with the non-
44 elevation requirements of Section 122-25(d) and (e).
45
46 Sec. 122-12. -Inclusion of United State Federal Emer2ency Management A2ency and United
5191
I States Fish and Wildlife Service (FWS) required Permit Referral Process (PRP) in final
2 permit determinations for development.
3
4 (a)Purpose and intent. It is the purpose of this section 122-12 to implement regulations that will
5 assure, consistent with the loth Amendment to the U.S. Constitution, state and county
6 regulations, proper record retention, coordination, and notification of FEMA and FWS
7 re_arding permit applications filed with or issued by Monroe County,inclusive of FEMA/FWS
8 requirements agreed to by the aplicant.
9 (b) Lands to which this section apply. See section 122-2(c)(2).
10 (c) Rules for interpreting SFAMs. The boundaries of the flood hazard areas shown on the FWS
11 SFAMs may be determined by scaling distances. Required interpretations of those maps for
12 precise locations of such boundaries shall be made by the county planning director or his/her
13 designee, in consultation with the building official.
14 (d) Administration of development approval in species focus areas.
15 (1) SFAM review required. For parcels or lots shown within the SFAMs in which an
16 application for development permit has been made, if the SFAM indicates the parcel or lot
17 contains only unsuitable habitat for any of the following,species: Key Largo Cotton Mouse,
18 Key Largo woodrat, Key tree-cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key
19 deer, Schaus swallowtail butterfly, silver rice rate, and Stock Island tree snail, and the
20 parcel or lot is not listed on the RE list, the planning director or his/her designee shall
21 provide for a notation in the development application permit files that indicates:
22 a. The name of the official that reviewed the development aplication for FWS
23 requirements,
24 b. The date of the review, and
25 c. The date of the SFAM and RE list used to conduct the review.
26 Once the review has established that a parcel or lot contains unsuitable habitat, action may
27 be taken on the permit application for development by Monroe County staff.
28 (2) FWS technical assistance permit requirements. For parcels or lots shown within the
29 SFAMs in which an application for a permit for development has been made including 1)
30 expanding the footprint of a structure, and/or 2) expanding clearing in habitat (including
31 native vegetation removal), and/or 3) placement of fencing into Key deer habitat, if the
32 SFAM indicates the parcel or lot contains suitable habitat for any of the following species:
33 Key Largo Cotton Mouse,Key Largo wood rat,Key tree-cactus, Lower Keys marsh rabbit,
34 Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver rice rat, and/or Stock
35 Island tree snail, and the parcel or lot is listed on the RE list,the planning director or his/her
36 designee shall use the SAGS to determine whether a floodplain development permit
37 application requires:
38 a. Incorporation of FWS SAG requirements as conditions into the Monroe County_permit
39 and the county may issue the permit,pursuant to all applicable codes, or
40 b. If, according to the SAGS,the proposed development needs technical assistance by the
41 service, the county shall issue the permit in accordance with Chapter 2012-205, Laws
42 of Florida, indicating a notice to proceed must be obtained prior to any construction,
43 removal of vegetation, or commencement of development, with a condition that:
44 1. The aplicant seek and obtain technical assistance from the service, and
45 2. The applicant obtain, prior to the issuance of the notice to proceed, all aPplicable
46 state or federal permits or aprovals pursuant to section 122-11(h), and
5192
1 3. In accordance with the Florida Building Code and Monroe County section 6-
2 103(b), the permit shall expire after 180 days, and
3 4. If the permit expires, the applicant shall be required to reapply for the permit.
4 c. For a floodplain development permit aplication that requires the services' technical
5 assistance, Monroe County shall provide the application to the service weekly. Based
6 on the services technical assistance, the aplicant shall submit the FWS written
7 requirements to the county. If the applicant agrees to the FWS requirements, in writing,
8 Monroe County may then issue a notice to proceed that includes the technical assistance
9 requirements, provided by the federal a impacts to avoid possible impacts on federally
avoid possible impacts on federally
10 listed(threatened or endangered) species, as conditions in the Monroe County_permit.
11 d. For a development permit application that requires mitigation and/or compensation for
12 adverse effects to native habitat, monetary compensation generated will be aplied to
13 restoration and/or purchase of native habitat.
14 e. The county shall maintain an aplicant acceptance form, of the service requirements,
15 in the permit file.
16 f. For purposes of this section the notice to proceed shall be written authorization from
17 the Monroe County Growth Management Division to the permittee that the permitted
18 development activities may begin.
19 g. If the parcel is within an area previously covered by a habitat conservation plan, and
20 where that habitat conservation plan has expired at the time of development permit
21 application, the county shall apply the permit referral process in this section, unless
22 mitigation was completed for the associated impacts.
23 h. If the property owner does not agree to the FWS technical assistance requirements to
24 be included in the development permit as conditions, the county shall not issue the
25 notice to proceed and shall rescind the previously issued development permit.
26 i. For properties located in Key Largo wood rat, Key Largo cotton mouse, silver rice rat
27 and Lower Keys marsh rabbit habitat,property owners shall agree to execute and record
28 a covenant restriction in favor of Monroe County which prohibits free ranging cats.
29 This requirement alleviates direct and cumulative loss of species habitat which will not
30 negatively impact the total number of new residential permits that may be issued under
31 Species Assessment Guides (SAGS).
32 (3) Provision for flood hazard reduction and avoidiLg impacts on federally listed(threatened
33 or endangered) species enforcement. All proposed development shall meet the conditions
34 established on the floodplain development permit and/or notice to proceed,which includes
35 FWS technical assistance requirements included as conditions on the Monroe County
36 development permits, to avoid possible impacts on federally-listed species (threatened or
37 endangered)._ Violation of this section, including any development constructed not in
38 accordance with the FWS requirements, included as conditions on the Monroe County
39 development permit, derived through use of the SAGS or through technical assistance by
40 FWS,are hereby deemed to be violations of the County Code and may be enforced utilizing
41 the administrative enforcement procedures set forth in chapter 8, Monroe County Code of
42 Ordinances. Further, section 118-11 shall be utilized to require environmental restoration
43 standards.
44 (4) Permit issuance for previously tolled Rate ofGrowth Ordinance(ROGO)allocations,Non-
45 Residential Rate of Growth Ordinance (NROGO) allocations or building
46 permits/floodplain development
permits. Buildings permits and allocations have been tolled
5193
I under authority of Monroe County Resolutions 420-2005, 166-2006, 185-2007 and 219-
2 2008 and 282-2011 as a result of the injunction prohibiting FEMA from issuing flood
3 insurance policies under the National Flood Insurance Program which was imposed in the
4 case of Florida Key Deer et. al., v. Fugate et. al., 90-10037-CIV-Moore.
5 a. In order for those persons whose allocations or whose building permits were tolled to be
6 eligible for federal flood insurance and meet their obligations under the Federal
7 Endangered_ Species Act, the following_ is required:
8 1. Owners with allocations who do not need coordination with FWS after they are
9 processed through the permit referral process:
10 i. Have 180 days from the date of a county issued written notice to pick up their
11 building permits,
12 ii. Have 300 days from the date of a county issued written notice, if there is a
13 need to redesign an onsite wastewater treatment system, to receive a permit
14 from the department of health(DOH) and pick up their building permits.
15 2. Owners with building permits who do not need coordination with FWS after they
16 are processed through the permit referral process:
17 i. Have 180 days from the date of a county issued written notice,to recommence
18 development and receive a passed inspection, or
19 ii. Have 300 days from the date of a county issued written notice, if there is a
20 need to redesign an onsite wastewater treatment system to receive a permit
21 from the DOH, recommence development and receive a passed inspection.
22 (5) Permit issuance for Annual allocation awards from the Rate of Growth Ordinance
23 - (ROGO), Non-Residential Rate of Growth Ordinance (NROGO) allocations. Permit
24 applications processed through the permit referral process that result in a "may affect
25 determination" for the proposed development through the application of the species
26 assessment guides which require the permittee to coordinate with FWS shall have a total
27 of 360 days from the date of a county issued written notice to conclude the required
28 coordination with FWS and pick up the building permit, and receive a notice to proceed
29 from Monroe County. This timeframe may be extended by the planning director if the
30 applicant can affirmatively demonstrate that he or she has timely and actively sought
31 coordination.
32 (6) Properties for which a permit has been issued and for which development has not
33 commenced will be required to be processed through the permit referral process. Permit
34 reviews that result in a "may affect determination" for the proposed development through
35 the application of the species assessment guides which require the permittee to coordinate
36 with FWS shall have a total of 360 days from the date of a county issued written notice to
37 conclude the required coordination with FWS, commence development and receive a
38 passed inspection from Monroe County. This timeframe may be extended by the planning
39 director if the applicant can affirmatively demonstrate that he has timely and actively
40 sought coordination.
41
42 Sec. 122-13.— Site plans and construction documents.
43 (a)Information for development in flood hazard areas. The site plan or construction documents
44 for any development subject to the requirements of this chapter shall be drawn to scale and
45 shall accurately include, as applicable to the proposed development:
46 (1) Identification and delineation of all flood hazard areas, flood zone(s), base flood
5194
I elevation(s), and ground elevations necessary for the County's review of the proposed
2 development.
3 (2) Where base flood elevations are not included on the FIRM or in the Flood Insurance Study,
4 they shall be established in accordance with section 122-13(b) of this chapter.
5 (3) Where the parcel on which the proposed development will take place will have more than
6 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM
7 or in the Flood Insurance Study, such elevations shall be established in accordance with
8 section 122-13(b)(1) of this chapter.
9 (4) Location of the proposed activity and proposed structures, and locations of existing
10 buildings and structures, locations of new buildings which shall be located landward of the
11 reach of mean hi_h tide.
12 (5) Location, and delineation and description of the extent, amount, and proposed final grades
13 of any filling, grading, or excavation.
14 (6) Where the placement of fill is proposed, description of the amount, type, and source of fill
15 material, compaction specifications, a description of the intended purpose of the fill areas;
16 and competent substantial evidence that the proposed fill areas are the minimum necessary
17 to achieve the intended purpose.
18 (7) Delineation and description of the extent of any proposedalteration of sand dunes, dune
19 ridges, or mangrove stands,provided such alteration is approved by the Florida Department
20 of Environmental Protection.
21 The Floodplain Administrator is authorized to waive the submission of site plans, construction
22 documents, and other data that are required by this chapter but that are not required to be
23 prepared by a registered and/or licensed design professional if it is found that the nature of the
24 proposed development is such that the review of such submissions is not necessary to render a
25 determination of compliance with this chapter.
26 (b) Information in flood hazard areas without base flood elevations (approximate Zone A).
27 Where flood hazard areas are delineated on the FIRM and base flood elevation data have not
28 been provided, the Floodplain Administrator shall:
29 (1) Require the applicant to include accurate base flood elevation data prepared in accordance
30 with currently accepted engineering practices.
31 (2) Where the base flood elevation data are to be used to sUport a Letter of Map Chan_eg from
32 FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed
33 engineer in a format required by FEMA, and that it shall be the responsibility of the
34 applicant to satisfy the submittal requirements and pay the processing fees.
35 (c) Additional analyses and certifications. For activities that propose to alter sand dunes, dune
36 ridges, or mangrove stands in coastal high hazard areas (Zone V) and Coastal A Zone, an
37 engineering _analysis signed and sealed by a qualified Florida licensed engineer signed and sealed by a qualified Florida licensed engineer that
38 demonstrates that the proposed alteration will not increase the potential for flood damage shall
39 be submitted with the site plan and construction documents.
40 (d) Submission of additional data. When additional hydrologic, hydraulic or other engineering
41 data, studies, and additional analyses are submitted to support an application,the applicant has
42 the right to seek a Letter of Map Change from FEMA to change the base flood elevations or
43 change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA
44 for such purposes. The analyses shall be prepared by a qualified Florida licensed engineer in
45 a format required by FEMA. Submittal requirements and processing fees shall be the
46 responsibility of the applicant.
5195
1
2 Sec. 122-14.—Inspections.
3 (a) Inspections required. Development for which a foodplain development order or permit is
4 required shall be subject to county inspection.
5 (b) Development other than buildings and structures. The Floodplain Administrator shall
6 inspect all development to determine or confirm compliance with the requirements of this
7 chapter and the conditions of issued foodplain development orders or permits.
8 (c)Buildings,structures and facilities exempt from the Florida Buildin,-Code. The Floodplain
9 Administrator shall inspect buildings, structures and facilities exempt from the Florida
10 Building Code to determine or confirm compliance with the requirements of this chapter and
11 the conditions of issued foodplain development orders or permits.
12 (d) Buildings, structures and facilities exempt from the Florida Buildin,- Code, lowest floor
13 inspection. Upon placement of the lowest floor, including basement, and prior to further
14 vertical construction, the owner of a building, structure or facility exempt from the Florida
15 Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
16 (1) If a design flood elevation was used to determine the required elevation of the lowest floor,
17 the FEMA Elevation Certificate prepared and sealed by a Florida licensed professional
18 surveyor, or
19 (2) If the elevation used to determine the required elevation of the lowest floor was determined
20 in accordance with section 122-13(b) of this chapter,the accurate documentation of height
21 of the lowest floor above highest adjacent grade, prepared by the owner or the owner's
22 authorized agent.
23 (e) Buildings, structures and facilities exempt from the Florida Buildin,- Code, final
24 inspection. As part of the final inspection, the owner or the owner's authorized agent shall
25 submit to the Floodplain Administrator a final FEMA Elevation Certificate of the lowest floor
26 or final documentation of the height of the lowest floor above the highest adjacent grade, such
27 certifications and documentations shall be prepared as specified in section 122-14(d) of this
28 chapter.
29 (f) Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that
30 are installed or replaced in flood hazard areas to determine or confirm compliance with the
31 requirements of this chapter and the conditions of the issued permit. Upon placement of a
32 manufactured home, certification of the elevation of the lowest floor shall be submitted to the
33 Floodplain Administrator.
34
35 Sec. 122-15. — Required Inspections of Enclosed Areas Below Elevated Residential
36 Structures.
37 (a) Applicability. Prior to the transfer of ownership of any property occupied by an elevated
38 residential structure with a below base flood enclosed area for which construction of the
39 enclosed commenced on or after June 15, 1973, a county approved inspection of the below
40 base flood enclosure shall be conducted. No earlier than 180 days prior to the transfer of the
41 property, the seller or the prospective purchaser, with the seller's permission, shall have the
42 required inspection conducted. The intent of this inspection, which is strictly limited to
43 inspection of below base flood enclosures, is to identify for county records and purchasers any
44 nonconformities or illegal structures or uses.
45 (b) Inspections. Upon inspection request, the inspection required under this section shall be
46 conducted by an inspector from the Building Department. Fees for inspections conducted by
5196
I the Building Department shall be in accordance with the schedule established by resolution of
2 the BOCC for inspections conducted under the county's flood insurance inspection and
3 compliance program.
4 (c) Inspection procedures and forms. All inspections required under this section shall be
5 conducted in accordance with procedures and recorded on county forms approved by the
6 Floodplain Administrator.
7 (d) Inspection submittal requirements. The original inspection report, signed by the county
8 inspector, shall be maintained by the Building Department and a copy shall be submitted to the
9 seller, who has contacted the County, as provided above, and the purchaser, provided that the
10 purchaser has contacted the County as provided above no later than ten days prior to the closing
11 date for transfer of the subject property.
12 (e) Failure to comply with inspection submittal requirements. Should the inspection required
13 by this section not be completed, the seller and purchaser, if known, will be notified that the
14 structure is in violation of this section. The purchaser and his or her successors and assigns
15 may enforce the terms of this section in law or at equity. The purchaser may seek injunctive
16 relief against the seller in a court of competent jurisdiction to prevent a violation of or otherwise
17 in connection with a violation of this section. Attorney's fees and costs incurred in an action to
18 enforce these regulations may be awarded to a substantially_prevailing party at the discretion
19 of the court. A purchaser may seek and the court may award treble damages as an aggrieved
20 party. The sole intent of this inspection is to provide information for recording and monitoring
21 improvements to below base flood enclosures subject to the county's floodplain regulations
22 and in accordance with Monroe County Board of County Commission Resolution 440-2011,
23 which does not require that the property be brought into compliance prior to or subsequent to
24 transfer. The purpose of this inspection is not to identify other types of unpermitted
25 improvements that are unrelated to the floodplain regulations in this chapter.
26 (f) Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted
27 improvements under the Pilot Inspection Program (under previous 44 CFR 59.30, repealed on
28 July 5, 2018 -FEMA terminated this program on June 28, 2013).
29 (g) If the results of the inspection identify illegal_ unpermitted improvements, the requirements of
30 the Florida Building Code applicable to enclosed areas below elevated buildings shall apply
31 when a building permitis sou _ght by an aby an a plicant.
32
33 Sec. 122-16.—Floodplain Certificate of Compliance Program.
34 (a) Generally. Any property owner is eligible to obtain a certificate of compliance if they have
35 obtained an inspection of an enclosure below base flood elevation by one of the following_
36 (1)FEMA Insurance Inspection Program, or
37 (2) Inspection at time of sale, or
38 (3) Voluntary inspection.
39 The below base flood enclosure must have been found in compliance with the Monroe
40 County floodplain regulations by Monroe County staff. Prior to obtaining the certificate,
41 the owner must record a nonconversion agreement in the Monroe County official land
42 records on a form to be provided by the county and approved by the Floodplain
43 Administrator. Properties that have received their inspections prior to implementation of
44 the certificate of compliance program may receive a certificate of compliance, however, a
45 re-inspection (with no fee) shall be necessary to ensure compliance has been maintained
5197
I and the owner must also record the nonconversion agreement, which must be recorded in
2 the Official Records of Monroe County.
3 (b) Outreach. Every two (2) years, the county will mail written notices to property owners, of
4 which the county is aware own a building or structure with below base flood elevation living
5 areas as follows:
6 (1)The county will obtain data from the Monroe County Property Appraiser Office which will
7 identify all single-family residences which contain enclosures that are identified as living
8 area on the ground floor. Once this data is captured, county technical staff will deduct all
9 the parcels that have already received inspections through the FEMA Insurance Inspection
10 Pilot Program, transfer of ownership program, or through the previously aplicable
11 inspection on buildingzpermit program, and been made compliant.
12 (2) The remaining property owners will be notified by regular mail that in order to receive a
13 certificate of compliance, a county inspection is required of any below base flood elevation
14 structures, to verify compliance with the Monroe County floodplain regulations. Owners
15 will also be notified that noncompliant structures may be subject to code compliance
16 proceedings.
17 (3) If owners seek and obtain a certificate of compliance inspection, and the below base flood
18 enclosures are determined by the county to be compliant, the owners will receive a
19 certificate of compliance as outlined in this section. This is a proactive opportunity for
20 property owners to receive evidence that they have a compliant structure which should,
21 long term, create a positive real property market condition. If an owner has a noncompliant
22 structure, he or she will be notified of all the required corrective actions necessary for the
23 enclosure to become compliant and that county permits or approvals are required to
24 authorize lawful construction and/or development.
25 (c) Inspections. Inspections may be requested for a certificate of compliance according to this
26 section or Section 122-15 for Required Inspections of Residential Structures prior to transfer
27 of ownership.
28 (d)Compliant structures. The county will provide a certificate of compliance to property owners
29 with compliant below base flood enclosures after such property owners sign and record a
30 nonconversion agreement (with a corresponding drawing or site plan demonstrating the
31 permitted improvements allowed below base flood elevation attached to the agreement)in the
32 Official Records of Monroe County. The nonconversion agreement shall be recorded in the
33 Monroe in the Official Records of Monroe County so that future purchasers of properties
34 understand what has been aproved by the county for areas below base flood elevation.
35 Property owners shall pay applicable recording fees.
ees.
36 (e) Noncompliant structures. The County Building Official shall refer any noncompliant
37 structures to the Code Compliance Department for enforcement throughappropriate
a propriate
38 processes. Once compliance is achieved, if the below base flood enclosure has not been
39 completely removed, a Nonconversion Agreement executed by the owner shall be recorded
40 in the Official Records of Monroe County.
41 (f) New construction. Owners of New construction that contains any type of below base flood
42 enclosure, will be required to record a Nonconversion Agreement in the Official Records of
43 Monroe County indicating the he square footage permitted to be constructed below base flood
44 elevations, with an accurate corresponding drawing or site plan showing/demonstrating the
45 permitted improvements permitted, prior to receiving a certificate of occupancy_
46
5198
I Sec. 122-17. -Variances.
2 (a) Authority. The Division of Administrative Hearings (DOAH) shall hear and decide on
3 requests for variances from the application of the allegedlythis strict letter of this chapstrict letter of this chapter.Pursuant
4 to Section 553.73(5), F.S.,the DOAH shall hear and decide on requests for variances from the
5 application of the allegedlyresistant strict letter of the flood resistant construction letter of the flood resistant construction requirements of the
6 Florida Building Code. DOAH shall also hear and decide on requests for variances for at-grade
7 wet floodproofed accessory structures in A/AE Zones that are larger than 600 sq. ft. but not
8 larger than 1,000 sq. ft. in size.
9 (b) Variance procedures.
10 (1) An aplication for a variance from the provisions of this chapter for development in an
11 area of special flood hazard shall be filed with the Building Department at the time of
12 application for a building permit or foodplain development permit/order which seeks
13 approval of development that is not authorized under the allegedly strict letter of this
14 chapter or flood-resistant construction requirements of the Florida Building Code.
15 (2) Within ten (10) days of receipt of a complete and properly and timely filed application for
16 a variance from the allegedly strict letter of this chapter or of the flood-resistant
17 construction requirements of the Florida Building Code,the Floodplain Administrator and
18 the Building Official shall review the aplication, and submit a Report and
19 Recommendation to the DOAH. The variance applicant may file a written objection to the
20 Report and Recommendation within 30 calendar days of the date of filing of the Report
21 and Recommendation.
22 (3) The DOAH shall review the aplication and the Reports and Recommendations of the
23 Floodplain Administrator and the Building Official and may consider _granting the
24 application for variance in accordance with this section.
25 (4) In resolving a variance application under this section, county Building, Planning and
26 Environmental Resources, and Code Compliance department administrative staff
27 interpretations of the Monroe County Codes, of the Florida Building Code, and of
28 applicable federal laws, rules, and regulations, are leery entitled to deference and _great
29 weight, and such administrative interpretations should notbe modified or overturned unless
30 clearly erroneous. If such administrative staff interpretation is within the range of possible
31 and reasonable interpretations, it is not clearly erroneous and should be affirmed.
32 (c) Limitations on authority to grant variances.
33 (1) The DOAH shall base its decisions on variances on technical justifications submitted by
34 applicants, the considerations for issuance in section 122-17(e) of this chapter, the
35 conditions of issuance set forth in section 122-17(g) of this chapter, and the Reports and
36 Recommendations of the Floodplain Administrator and the Building Official. Variances
37 for accessory structures in A/AE Zones shall be subject to the conditions in section 112-
38 17 .
39 (2)When the DOAH considers the propriety of granting_ a variance,the following factors shall
40 not be considered material or relevant to the hearing officer's decision:
41 a. The physical disabilities or handicaps and health of the applicant or members of his
42 family,
43 b. The domestic difficulties of the applicant or members of his or her family,
44 c. The financial difficulty of the aplicant in complying with the Foodplain management
45 provisions of this chapter or the Florida Building Code,
46 d. The elevation of surrounding structures or buildings,
5199
I e. The alleged difficulty of marketing, advertising, or selling the property, building, or
2 structure,
3 f. Any alleged difficulty related to a codified law, rule, regulation, or matter of record,
4 which the applicant or members of his or her family, which he, she, or they were on
5 actual or constructive notice of prior to acquiring _the propertythe property, and could therefore have
6 been avoided, or which may be characterized as a self-created hardship, or
7 g. Non-unique or non-peculiar characteristics of the applicant's property, building, or
8 structure.
9 (3) The DOAH has the right to attach such conditions as it deems necessary to further the
10 purposes, intent, goals, and objectives of this chapter.
11 (d) Functionally dependent uses. A variance is authorized to be issued for the construction or
12 substantial improvement necessary for the conduct of a functionally dependent use, as defined
13 in this chapter, provided the variance is the minimum necessary considering the flood hazard
14 and all due consideration has been given to use of methods and materials that minimize flood
15 damage during occurrence of the base flood.
16 (e) Considerations for issuance of variances. In reviewing requests for variances, the DOAH
17 shall consider all technical evaluations, all relevant factors, all other applicable provisions of
18 the Florida BuildiLg Code, this chapter, and the following_
19 (1) The danger that materials and/or debris may be swept onto other lands resulting in
20 additional or further injury, harm or damage,
21 (2) The danger to life and/or property due to flooding or erosion damage,
22 (3) The susceptibility of the proposed development, including foreseeable contents thereof, to
23 flood injuries, harm, or damage and their effects on current and future owners or
24 occupants;
25 (4) The importance of the services provided by the proposed development to the community;
26 (5) The availability of alternate locations for the proposed development that are either not
27 subject to flooding or erosion damage, for the proposed use, and the availability of
28 alternate locations for the proposed development which are subject to lower risk of
29 flooding or erosion,
30 (6) The compatibility of the proposed development with existing and anticipated development,
31 public services, and infrastructure,
32 (7) The relationship of the proposed development to the comprehensive plan and floodplain
33 management program for the area,
34 (8) The safety of access to the property in times of flooding for ordinary and emergency and
35 first-responder vehicles,
36 (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
37 the floodwaters and the effects of wave action, if applicable, expected at the site,
38 (10)The costs of providing governmental services during and after flood conditions, including
39 but limited to, debris removal and maintenance and repair of public utilities and facilities
40 such as (including but limited to) sewer, gas, electrical and water systems, streets and
41 bridges
42 (11)Whether granting the variance will result in increased public expenses, create a threat to
43 public health and safety, create a public nuisance, or cause fraud or victimization of the
44 public, and
45 (12)Whether _granting the variance will grant the applicant a special privilege denied to another
46 property owner.
5200
I (f) Conditions for issuance of a variance for accessory structures in A/AE Zones. Variances
2 shall be issued only upon:
3 (1) Submission by the applicant, providing _a legally leery sufficient description of the exceptional
4 hardship that the applicant would incur if a variance were not granted,
5 (2) Determination by the DOAH that the structure meets the definition of accessory structure,
6 for floodplain management purposes, and is used only for parking or storage and:
7 a. The request is for the construction or substantial improvement of an at-grade wet
8 floodproofed accessory structures that is larger than 600 sq. ft. but not larger than
9 1,000 sq. ft. in size.
10 b. Represents minimal investment and has low damage potential.
11 c. Are one story and have flood openings in accordance with Section R322.2 of the
12 Florida Building Code, Residential.
13 d. Are anchored to resist flotation, collapse or lateral movement resulting from flood
14 loads.
15 e. Have flood damage-resistant materials used below the base flood elevation plus one
16 1 foot.
17 f. Have mechanical, plumbing and electrical systems, including�plumbing fixtures,
18 elevated to or above the base flood elevation plus one (1) foot.
19 (2) Conditions for issuance of other variances. Variances shall be issued only upon:
20 (1) Submission by the applicant, of a showing of legally sufficient good cause that the unique
21 characteristics of the size, configuration, or topography of the site limit compliance with
22 any provision of this chapter or the required elevation standards,
23 (2) Determination by the DOAH that:
24 a. Failure to grant the requested variance would result in exceptional non-self-imposed
25 hardship due to the physical characteristics of the land that render the lot
26 undevelopable, increased costs to satisfy the requirements or inconvenience do not
27 constitute hardship,
28 b. The granting anting of a variance will not result in increased flood heights, additional threats
29 to public safety, extraordinary public expense, nor create nuisances, cause fraud on
30 or victimization of the public or conflict with existing local laws and ordinances,
31 c. The variance is the minimum necessary,considering the flood hazard,to afford relief,
32 d. The granting of the requested variance will not result in worsening the expected
33 heights, velocity, duration, rate of rise, and debris and sediment transport of the
34 floodwaters and the effects of wave action, if applicable, expected at the site,
35 e. The granting anting of the requested variance will not result in increased risk of dangers
36 enumerated under Section 122-17(e)(1)-(3),
37 f. The granting anting of the requested variance will not result in increased risk of injuries,
38 harm, or damage enumerated under Section 122-17(e)(8)-(11),
39 g. The _granting of the requested variance will not result in increased public expenses,
40 create a threat to public health and safety, create a public nuisance, or cause fraud or
41 victimization of the public,
42 h. The granting of the requested variance will not adversely affect the public service,
43 infrastructure, and public policy considerations enumerated under Section 122-
44 17e 6 .
45 (3) Receipt of a sworn or attested and notarized statement by the applicant that the variance, if
46 granted, shall be recorded in the Office of the Monroe County Clerk of the Court in such a
5201
I manner that it wears in the chain of title of the affected parcel of land; and
2 (4) If the request is for a variance to allow construction of the lowest floor of a new building
3 or substantial improvement of a building,below the required elevation,a copy in the record
4 of a written notice from the Floodplain Administrator to the applicant for the variance,
5 specifying the difference between the base flood elevation and the proposed elevation of
6 the lowest floor, stating that the cost of federal flood insurance will be commensurate with
7 the increased risk resulting from the reduced floor elevation (up to amounts as high as $25
8 for $100 of insurance coverage), and stating that construction below the base flood
9 elevation increases risks to life and property_
10 (g)Appeal. An meal of a variance determination may be submitted pursuant to Section 122-19.
11 The failure to timely and properly file an meal under this section shall constitute an
12 irrevocable jurisdictional waiver of any rights to seek such a variance, for failure to exhaust
13 available administrative remedies.
14
15 Sec. 122-19.—Appeals.
16 (a) Authority. The Division of Administrative Hearings (DOAH) shall have the authority to hear
17 and decide meals from final administrative actions regarding the floodplain management
18 provisions of this Land Development Code and the Florida BuildiLg Code. The BOCC retains
19 the authority to, in its exclusive discretion, appoint a hearing officer who does not work for
20 DOAH.
21 (b) Standard of Review. An meal under this section shall be considered an meal to an
22 administrative tribunal and shall not be a hearing de novo but shall be limited to appellate
23 review of the record created before the Building Official in his or her capacity as the Monroe
24 County Floodplain Administrator and as more fully set forth at subsection(e)(2)of this section.
25 The appellant shall be required to demonstrate that the Building Official's final administrative
26 decision is clearly erroneous, based upon clearly convincing record evidence (i.e., clear and
27 convincing standard of review). In resolving _an meal under this section, Monroe County
28 Building, Planning and Environmental Resources, and Code Compliance Department staff
29 interpretations of the Monroe County Comprehensive Plan, Monroe County ordinances,
30 resolutions, and of the Monroe County Code(s), are leery entitled to deference, and shall not
31 be overturned as long as said interpretation or application is in the range of permissible
32 interpretations or applications.
33 (c) Initiation. A notice of meal (appeal) may be initiated by a real property owner who has
34 received a final, written administrative decision from the Monroe County Building Official in
35 his or her capacity as the Monroe County Floodplain Administrator re_arding the floodplain
36 management provisions of this Land Development Code, or by a non-governmental natural or
37 legalperson who as a result of a final administrative decision of the Monroe County Building
38 Official in his or her capacity as the Monroe County Floodplain Administrator regarding the
39 floodplain management provisions of this Land Development Code has suffered or will
40 resultantly suffer a special injury differing in kind from that suffered by the community at
41 large. For justiciability or standing purposes, the only interests covered by special injuries
42 under this section are interests expressly protectedby the Monroe County Comprehensive Plan
43 or health and safety interests. It shall be leery insufficient for justiciability or standing
44 purposes for an appellant to allege a special injury that is only different in degree from the
45 community at large and that is not different in kind from the community at large. Further, for
46 justiciability or standing purposes, an alleged special injury must exceed in degree the general
5202
I interest in a community good. For example, take the following two non-exhaustive scenarios:
2 A party's claim that a decision regarding the floodplain management provisions of this Code
3 adversely affects his, her, or its interest in preserving prope!U value(s) shall not be justiciable,
4 and a party's claim that a decision regarding the floodplain management provisions of this
5 Code adversely affects his, her, or its interest in environmental or natural resource protection
6 shall not be justiciable.
7 (d) Procedures. A notice of meal in the form prescribed and approved by the Building Official
8 and Floodplain Administrator must be filed with both the County Administrator and with the
9 Building Department within 30 calendar days of the final administrative action. Failure to file
10 such meal with both the County Administrator and the Building Department within 30
11 calendar days of the final administrative action shall constitute a waiver of any rights under
12 this section to meal final administrative actions regarding the floodplain management
13 provisions of this Land Development Code. Such waiver shall also constitute a waiver of any
14 rights to meal a separate but related decision of the Building Official or Planning Director on
15 the basis of the Building Official's separate but related final administrative decision that was
16 never properly and timely appealed under this section.
17 (1) The notice of meal must be notarized and must include the names and addresses of the
18 Upellant(s), development permit Uplicant(s) forming a party to the meal, the number
19 associated with each development permit formin _g a subject of the apa subject of the meal, and the names
20 of all owners of real property located adjacent or contiguous to the parcel of real property
21 to which the appealed final administrative decision principally relates.
22 (2) Upon receipt of a notice of meal, the County shall deem it complete, and properly and
23 timely filed, or shall deem it improperly or untimely filed, or incomplete. The County shall
24 within 15 working days notify an Appellant if its notice of meal is untimely or improperly
25 filed or is incomplete. No further action shall be taken on the notice of meal application
26 unless the deficiencies are remedied. An untimely, improperly filed, or incomplete notice
27 of meal shall not constitute a valid, leery effective, or leery cognizable notice of
28 appeal under this section, and in no event shall the 30-day jurisdictional period to file a
29 notice of meal under this section be tolled during any period in which a notice of meal
30 has been deemed improperly filed or incomplete. Any days following the issuance of the
31 final administrative decision and the filing of a notice of meal that the County later
32 notifies the applicant is incomplete or improperly filed, shall be subtracted from the 30-
33 day period by which an appellant must file a complete notice of meal. For example, take
34 the following non-exhaustive scenario: The final administrative decision is issued on
35 Wednesday, January lst, 2020, the appellant files an incomplete notice of meal on
36 Wednesday, January 22nd, 2020, and the County notifies the appellant that the notice of
37 appeal is incomplete on Monday,January 27th,2020. Between January 1 sf and January 22na
38 the appellant has consumed 21 of its 30 calendar days to file a timely and complete notice
39 of meal, the days required by the County to notify the appellant of the notice of meal's
40 incompleteness shall not be counted against the 30-day period by which the appellant must
41 properly file a complete notice of meal. As of January 27th the date of the County's
42 notification to the appellant that the notice of meal is incomplete)the appellant shall have
43 nine days remaining(until February 5th, 2020)to properly file a complete notice of meal.
44 If the appellant does not properly file a complete notice of meal by February 5th, it would
45 constitute a waiver of any rights to meal under this section.
5203
1 (3) If the County determines the notice of meal is complete, and properly and timely filed, it
2 shall notify the appellant(s), and, at the appellant's expense, notify the development permit
3 applicant's) and the owners of real property located adjacent and contiguous to the parcel
4 of real property to which the challenged administrative decision principally relates. Once
5 the County determines that a notice of meal has been properly and timely filed, and is
6 complete,the County shall refer the meal to DOAH with a request that an administrative
7 law judge "hearing officer") be assigned to conduct an meal hearing. The request shall
8 be accompanied by a copy of the petition and a copy of the notice of County action. The
9 notice of meal will be forwarded to the BOCC.
10 (e) Effect of filing an appeal.
11 (1) Stay. The filing of a notice of meal shall stay all permit activity and any proceedings in
12 furtherance of the administrative decision appealed unless the Building Official certifies in
13 writing to the assigned hearing officer, with a copy to the appellants) and development
14 applicant's)forming a party to the meal,that a stay poses an imminent peril to life, safety,
15 health or property, in which case the meal shall not stay further permit activity or
16 proceedings in furtherance of the administrative decision appealed. The hearing officer
17 may, upon proper and timely motion, review such certification.
18 (2) The Record. The appellant's, and the appellant-as-applicant's, record shall close upon the
19 date of the final administrative decision from the Building Official in his or her capacity as
20 the Monroe County Floodplain Administrator. The County shall have 70 calendar days
21 from the date the appellant's notice of meal is deemed properly and timely filed,
22 completed, and complete, in which to serve all parties and file with DOAH all staff reports
23 and materials the final administrative decision relies upon.
24 (f) Briefs. Briefs shall be typed or printed pursuant to the same rules for appellate briefs set forth
25 in the Florida Rules of Appellate Procedure. The Appellant(s)Initial Brief shall be served upon
26 the attorney of record for Monroe County and filed with DOAH within 30 calendar days of
27 notification of acceptance of such notarized notice of meal. The Answer Brief shall be served
28 upon Appellant(s) and filed with DOAH within 30 calendar days of the filing and service of
29 the Initial Brief. A Reply Brief must be served upon the attorney of record for Monroe County
30 and filed with DOAH within 15 days of the filing and service of the Answer Brief.
31 (1)All filed briefs shall contain the followin&.
32 a. The style of the meal;
33 b. The case number, if any,
34 c. The name of the party on whose behalf the brief is filed,
35 d. The name, address, e-mail address, and telephone number of the person filing the
36 brief;
37 e. The electronic or non-electronic signature of the person filing the brief, and
38 f. A certificate of service that copies have been furnished to all other parties to the
39 appeal.
40 (2)All initial briefs shall contain the following
41 a. A statement of all disputed issues of material fact. If there are none, the initial brief
42 must so indicate,
43 b. A concise statement of the ultimate facts alleged, including the specific facts the
44 appellant contends warrant reversal of the Building Official's final administrative
45 action, and
46 c. An exhaustive statement of all specific local Code sections, ordinances, state statutes,
5204
I or administrative rules the appellant contends require reversal of the Building
2 Official's final administrative action, including an explanation of how the alleged
3 facts relate to said Code sections, ordinances, state statutes, or administrative rules.
4 (g)Judicial Notice. A hearing officer shall take judicial notice of any matter set forth below when
5 a party properly motions for it and gives each adverse party timely written notice of the request,
6 proof of which is filed with the hearing officer, to enable the adverse party to prepare to meet
7 the request and furnishes the court with sufficient information to enable it to take judicial notice
8 of the matter.
9 (1) Specifically identified(by pinpoint citation)duly enacted ordinances and resolutions of the
10 Monroe County Board of County Commissioners.
11 (2) Specifically identified (by pinpoint citation) provisions of the Monroe County Code of
12 Ordinances and Monroe County Land Development Code.
13 (3) Specifically identified (by pinpoint citation) objectives, policies, and provisions of the
14 Monroe County Comprehensive Plan.
15 (4) Specifically identified (by pinpoint citation) rovisions in the Florida Building Code.
16 (5) Specifically identified (by pinpoint citation) public statutory law and resolutions of the
17 Florida Legislature and the Congress of the United States.
18 (6) Specifically identified legislative staff reports and legislative materials prepared in
19 connection with slip laws corresponding _to public statutoryto public statutory law of the Florida Legislature
20 and the Congress of the United States.
21 (7) Specifically identified (by pinpoint citation) rules or regulations in the Code of Federal
22 Regulations.
23 (8) Specifically identified (by pinpoint citation) rules or regulations in the Florida
24 Administrative Code.
25 Pursuant to the same requirements set forth in this subsection, a hearing officer may take
26 judicial notice of the following matters: Facts that are not subject to dispute because they are
27 capable of accurate and ready determination by resort to sources whose accuracy cannot be
28 questioned.
29 (h)Computing Time. In computing the jurisdictional period of time an appellant must file a notice
30 of meal under subsection(c)of this section,the day the final administrative decision is issued
31 shall be included. In computing any other period of time under this section, the day of the act
32 from which the period of time begins to run shall not be included. The last day of the period
33 shall be included unless it is a Saturday, Sunday, or legal holiday as that term is defined at
34 Florida Rule of Judicial Administration 2.514(a)(6), in which event the period continues to run
35 until the next day that is not a Saturday, Sunday, or legal holiday as that term is defined at
36 Florida Rule of Judicial Administration 2.514(a)(6).
37 (i) Service and Hearing. The hearing officer shall set the time and place for the meal hearing
38 and shall serve written notice on all parties at their electronic address of record. If an
39 unrepresented party has no electronic address of record, such written notice shall be sent to the
40 pagy's street address of record. The hearing officer before whom an appeal is pending may
41 issue any orders necessary to prevent delay, and to promote the just, speedy, and inexpensive
42 determination of all aspects of the meal.
43 (i) Post-Hearing Submittals. Upon request of the hearing officer, parties may submit written
44 proposed final orders within a time designated by the hearing officer
45 (k) Discovery. No discovery shall be taken in an meal under this section. No subpoenas may be
46 issued for documents or witnesses under this section. No testimony shall be taken in an meal
5205
I under this section. An argument, issue, or ground for relief not raised in an initial brief is
2 deemed abandoned and waived and may not be raised for the first time in a reply brief.
3
4 Sec. 122-20.—Violations.
5 (a)Violations. Any development that is not within the scope of the Florida Building Code but that
6 is regulated by this chapter which is performed without an issued Count permit, that is non-
7 compliant or in conflict with an issued permit, or that does not strictly and fully comply with
8 this chapter, constitutes a violation of this chapter. A building or structure without competent
9 documentation of the elevation of the lowest floor (FEMA Elevation Certificate), other
10 required design certifications, or other competent substantial evidence of compliance required
11 by this chapter or the Florida Building Code constitutes a violation thereof until such time as
12 that documentation is provided. It being that violation of this chapter providing for floodplain
13 regulations presents a serious threat to the public health, safety, and welfare, a violation of this
14 chapter is and shall be held to be irreparable or irreversible in nature.
15 (b)Authority. For development that is not within the scope of the Florida Building Code but that
16 is regulated by this chapter and which is determined to be a violation of this chapter, the
17 Floodplain Administrator or his or her designee(s) is authorized to serve notices of violation,
18 notices of hearing, cease and desist orders, or stop work orders to persons including but not
19 limited to the owners of the property involved, to the property owner's agent, to tenants,
20 residents, or guests at the property involved, or to the person or persons performing or
21 facilitating the performance of the work. The Floodplain Administrator or his or her
22 designee(s) is also authorized to serve citations for violations of this chapter, which shall be
23 disposed of in county court. Service under this subsection may be accomplished by hand-
24 delivery or attempted mailing (regular, certified, or registered), or by a method authorized
25 under Section 8-34 of the Monroe County Code of Ordinances or Section 162.12, Florida
26 Statutes.
27 (c) Continuing Violations. Any person who continues any work on or use of a property,building_,
28 or structure, after having been served with a stop work order or cease and desist order ordering
29 that such work or use must stop or cease and desist, except such work as that person is directed
30 to lawfully perform to remove or remedy a violation or unsafe condition, shall be subject to
31 any and all penalties prescribed by law. If any person or entity is found by an administrative
32 hearing officer, the contractors examining board, or a court of competent jurisdiction, to have
33 violated this chapter by continuing _to perform such work subsequent to the issuance of a stoto perform such work subsequent to the issuance of a stow
34 work order (red tag), the contractors examining board may take such action as it deems
35 necessary and proper to cease such activity, including but not limited to suspension of the
36 permit pulling=privileges of any contractor performing such work. Any person who continues
37 any work on or use of a property, building, or structure after having been served with a notice
38 of hearing or notice of violation which includes a notice that it must be complied with by a
39 specified date and that a fine or other penalties may be imposed, except such work as that
40 person is directed to perform to remove or remedy a violation or unsafe condition, shall be
41 subject to penalties as prescribed by law. A final administrative order finding that a person
42 has violated a cease and desist order previously issued by an administrative tribunal shall
43 constitute prima facie evidence that the County has satisfactorily demonstrated a likelihood of
44 irreparable harm, the unavailability of an adequate remedy at law, a substantial likelihood of
45 success on the merits of the claim at issue in connection with the violation(s) for which the
46 cease and desist order was issued by said tribunal, and consideration(s) of the public interest.
5206
I A final administrative order finding that a person has violated a cease and desist order
2 previously issued by an administrative tribunal shall constitute prima facie evidence of indirect
3 contempt cognizable and enforceable by a court of competent jurisdiction, including but not
4 limited to by sanctions and contempt order.
5 (d)Joint and Several Liability.All owners,part owners,joint owners,tenants in common,tenants
6 in partnership, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and
7 holders of legal or beneficial title to or interest in aparcel of real property,building,or structure
8 held in violation of this chapter, shall be jointly and severally liable with respect to any legal
9 or equitable relief or judgment obtained by the county_
10 (e) Injunctive Relief. The county attorney is authorized to seek affirmative or negative injunctive
11 relief authorizing or commanding _compliance with this chapter through, including compliance with this chapter through, including but not
12 limited to, cessation of a use, or removal of a building or structure or a part or portion thereof,
13 by motion for emergency, _preliminary, or permanent injunction, including bypreliminary, or permanent injunction, including by ex parte motion,
14 or other forms of equitable relief, from a court of competent jurisdiction, upon presentation of
15 prima facie evidence of a violation of this chapter to such court.
16 (f) Criminal Remedy. Prosecution of violations of this chapter may be prosecuted in the name of
17 the State of Florida by the prosecuting attorney thereof as more fully set forth in Section
18 125.69(1),Florida Statutes.Any person found guilty of violating this chapter may be sentenced
19 to M to sixty(60)days in jail or fined in an amount of M to $500.00 or be subject to both such
20 imprisonment and fines.
21
22 Sec. 122-21.—Flood Hazard Warning. All agreements for deed,purchase agreements, leases, or
23 other contracts for sale or exchange or transfer of parcels/lots within special flood hazard areas in
24 the unincorporated areas of the county shall carry the following flood hazard warningprominently
25 displayed on such instrument, in at least 12-point boldfaced and regular-faced font and all-caps
26 and lowercase type as follows:
27
28 "FLOOD HAZARD WARNING
29 This property may be subject to flooding. You should contact the county growth
30 management division and obtain the latest information regarding_ flood elevations
31 and restrictions on development before acquiring and making use of this property."
32
33 Sec. 122-22— 122-24.—Reserved.
34
35 ARTICLE III.—FLOOD RESISTANT DEVELOPMENT
36
37 Sec. 122-25.—Buildings and Structures.
38 (a) Design and construction of buildings, structures and facilities exempt from the Florida
39 Building Code. Pursuant to section 122-11(c) of this chapter,buildings, structures, and facilities
40 that are exempt from the Florida Building Code, including substantial improvement or repair of
41 substantial damage of such buildings,structures and facilities,shall be designed and constructed in
42 accordance with the flood load and flood resistant construction requirements of ASCE 24.
43 Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
44 comply with the requirements of section 122-31 of this chapter.
45 (b) Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated
46 buildings shall comply with all the aplicable requirements of the Florida Building Code and
5207
I the following:
2 (1) Enclosed areas below new and substantially improved one- and two-family dwellings, and
3 below lateral additions to one- and two-family dwellings:
4 a. In Zone A/AE flood hazard areas, not more than 299 square feet may be permitted
5 to be enclosed by walls of opaque materials, except for perimeter foundations
6 (crawl/underfloor spaces that have a wall height less than 5 feet). Additional area
7 may be enclosed with screening _or open lattice. The size limitation shall not apply
open lattice. The size limitation shall not y
8 to areas enclosed for parking of aircraft below residential buildings abutting airport
9 districts.
10 b. In coastal high hazard areas (Zone V) and Coastal A Zones, not more than 299
11 square feet may be permitted to be enclosed by walls of screening or open lattice.
12 (2) Nonconforming enclosed areas of 299 square feet or more below one- and two-family
13 dwellings lawfully established and lawfully existing as of April 12, 2004, shall not be
14 modified, improved, or expanded unless the enclosed areas are brought into compliance
15 with the Florida Building Code, Residential Section R322 and this section.
16 (3) Enclosed areas below other new and substantially improved buildings and structures shall
17 comply with the requirements of Florida Building Code, Building and ASCE 24.
18 (4) Applications that include enclosed areas below elevated buildings shall include a
19 Nonconversion Agreement as specified in section 122-11(i) of this chapter.
20 (c) Minimum Foundation Requirements for buildings and structures within the scope of the
21 Florida Building Code. Pursuant to the Florida Building Code, and Sections 6-147 and 6-148 of
22 the Monroe County Code of Ordinances,the design of the foundation system for buildings within
23 the scope of the Florida Building Code shall be provided by a Geotechnical Engineer registered in
24 the State of Florida in a site-specific geotechnical report submitted per requirements of Section
25 1803.6 of the Florida Building Code. The foundation design shall be the more stringent of
26 recommendations of the report and meet the following minimum requirements:
27 (1) All structures or building foundations shall be anchored/socketed into natural rock. This
28 includes,but is not limited to, auger cast concrete piles,precast concrete piles or wooden piles.
29 (2) All concrete piling shall have full depth reinforcing to effectively resist the internal forces
30 induced by the design loads,without failure.
31 (3) All piling shall be anchored to the natural rock with a 14-inch minimum diameter augured
32 socket and a minimum embedment of 3 feet.
33 (4) The pile foundation suport system shall be designed to resist the required lateral loading for
34 an unsupported height defined by a full scour condition. The construction documents shall
35 include a statement that the design has been completed and certified for a full scour condition
36 for lateral stability to the elevation of the suporting rock and in accordance with ASCE 24.
37 (5)Pile embedment shall include consideration of decreased resistance capacity caused by scour
38 of soil strata surrounding the piling and have adequate rock penetration to resist the combined
39 wave and wind loads (lateral and uplift).
40 (d)At-trade residential detached accessory structures. At-grade detached accessory structures
41 are permitted provided the accessory structures are used only for parking or storage and:
42 (1) If located in special flood hazard areas (Zone A/AE), other than coastal high hazard areas,
43 are one-story and not larger than 600 sq. ft. and have flood openings in accordance with
44 Section R322.2 of the Florida Building Code, Residential.
45 a. A variance, in accordance with Section 122-17, may be authorized for the
46 construction or substantial improvement of at-grade detached accessory structures
5208
I larger than the size limits specified in subsection (1) but not larger than 1,000 sq.
2 ft. in size.
3 (2) If located in coastal high hazard areas (Zone VNE and Coastal A Zones), are not located
4 below elevated buildings and are not larger than 100 sq. ft.
5 (3)Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
6 (4) Have flood damage-resistant materials used below the base flood elevation plus one (1)
7 foot.
8 (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
9 to or above the base flood elevation plus one (1) foot.
10 (6) Applications for detached accessory structures shall include a Nonconversion Agreement
11 as specified in section 122-11(i) of this chapter.
12 (e) Nonresidential detached accessory structures. In all flood hazard areas, nonresidential
13 detached accessory structures shall comply with the requirements of Florida Building Code,
14 Building and ASCE 24, including, but not limited to, elevation or dry floodproofing
15 requirements. Applications for detached accessory structures shall include a Nonconversion
16 Agreement as specified in section 122-11(i) of this chapter.
17
18 Sec. 122-26.— Subdivisions.
19 (a)Minimum reduirements. Subdivision proposals, including proposals for manufactured home
20 parks and subdivisions, shall be reviewed to determine that:
21 (1) Such proposals are consistent with the need to minimize flood damage and will be
22 reasonably safe from flooding,
23 (2) All public utilities and facilities such as (including but not limited to) sewer, gas, electric,
24 communications, and water systems are located and constructed to minimize or eliminate
25 flood damage, and
26 (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO,
27 adequate drainage paths shall be provided to guide floodwaters around and away from
28 proposed structures.
29 (b) Subdivision plats.Where any portion of proposed subdivisions, including manufactured home
30 parks and subdivisions, lies within a flood hazard area, the following shall be required:
31 (1) Delineation of flood hazard areas and flood zones, and design flood elevations, as
32 appropriate, shall be accurately depicted and described on preliminary plats,
33 (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
34 elevations are not included on the FIRM, the base flood elevations determined in
35 accordance with section 122-13(b)(1) of this chapter; and
36 (3) Compliance with the site improvement and utilities requirements of section 122-22 of this
37 chapter.
38
39 Sec. 122-27.— Site Improvements, Utilities and Limitations.
40 (a)Minimum requirements. All proposed new development shall be reviewed to determine that:
41 (1) Such proposals are consistent with the need to minimize flood damage and will be
42 reasonably safe from flooding,
43 (2) All public utilities and facilities such as (including but not limited to) sewer, gas, electric,
44 communications, and water systems are located and constructed to minimize or eliminate
45 flood damage, and
46 (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO,
5209
I adequate drainage paths shall be provided to guide floodwaters around and away from
2 proposed structures.
3 (b) Sanitary, serge facilities. All new and replacement sanitary sewage facilities,private sewage
4 treatment plants (including all pumping stations and collector systems), and on-site waste
5 disposal systems shall be designed in accordance with the standards for onsite sewage
6 treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize
7 or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into
8 flood waters, and impairment of the facilities and systems. Joints between sewer drain
9 components shall be sealed with caulking,plastic, or rubber gaskets, and manhole covers shall
10 be sealed in a similar manner. Sewer systems which extend below the base flood elevation
11 shall have backflow prevention valves or devices.
12 (c) Water supply facilities. All new and replacement water supply facilities shall be designed in
13 accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and
14 ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
15 (d) Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be
16 designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
17 floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
18 addition to these requirements, if intended to support buildings and structures (Zone A only),
19 fill shall comply with the requirements of the Florida Building Code.
20 (e)Limitations on sites in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal
21 high hazard areas and Coastal A Zones, alteration of sand dunes, dune ridges, and mangrove
22 stands shall be permitted only if such alteration is approved by the Florida Department of
23 Environmental Protection and only if the engineering _analysis required by required by section 122-13(c)
24 of this chapter demonstrates that the proposed alteration will not increase the potential for flood
25 damage. Construction or restoration of dunes under or around elevated buildings and
26 structures shall comply with section 122-31(e)(3) of this chapter.
27
28 Sec. 122-28.—Manufactured Homes.
29 (a) General. All manufactured homes installed in flood hazard areas shall be installed by an
30 - installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
31 requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. Effective June 1,
32 1977, no manufactured home not already in place shall be placed within areas of special flood
33 hazard except in an existing manufactured home park or subdivision.
34 (b) Foundations. All new manufactured homes and replacement manufactured homes installed in
35 flood hazard areas shall be installed on permanent, reinforced foundations that:
36 (1) In flood hazard areas (Zone A), other than coastal high hazard areas and Coastal A Zones,
37 are designed in accordance with the foundation requirements of the Florida Building Code,
38 Residential Section R322.2 and this chapter.
39 (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance
40 with the foundation requirements of the Florida Building Code,Residential Section R322.3
41 and this chapter.
42 (c) Anchoring. All new manufactured homes and replacement manufactured homes shall be
43 installed using methods and practices which minimize flood damage and shall be securely
44 anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
45 movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
46 ties to ground anchors. This anchoring requirement is in addition to applicable state and local
5210
I anchoring requirements for wind resistance.
2 (d) Elevation reduirement. All manufactured homes that are placed, replaced, or substantially
3 improved shall be elevated such that the lowest floor and mechanical equipment is at or above
4 the elevation required, as aplicable to the flood hazard area, in the Florida Building Code,
5 Residential Section R322.2 (Zone A) or Section R322.3 (Zone V).
6 (e) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
7 requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such
8 enclosed areas, as aplicable to the flood hazard area.
9 (f) Additions. Solid wall additions to manufactured homes shall be permitted provided:
10 (1) The addition is constructed under the HUD (Department of Housing and Urban
11 Development) standards and contains a HUD seal,
12 (2) The addition is elevated as required in section 122-28(d), and
13 (3) The addition is structurally independent (fourth wall construction) or certified by—a
14 registered design professional.
15 (2)Screen rooms,open decks and Porches. Screen rooms, open decks and porches are permitted
16 if structurally independent(fourth wall construction).
17 (h) Utilityeduipment. Utility equipment that serves manufactured homes, including (but not
18 limited to) electric, heating, ventilation, plumbing, and air conditioning equipment and other
19 service facilities,shall comply with the requirements of the Florida Building Code,Residential
20 Section R322, as aplicable to the flood hazard area.
21
22 Sec. 122-29.—Recreational Vehicles and Park Trailers.
23 (a) Temporary_placement. Recreational vehicles and park trailers placed temporarily in flood
24 hazard areas shall:
25 (1) Be on the site for fewer than 180 consecutive days, or
26 (2) Be fully licensed and ready for highway use, which means that the recreational vehicle or
27 park trailer in question is on wheels or a jacking system, is attached to the site only by
28 quick-disconnect type utilities and security devices, and has no permanent attachments
29 such as (including but not limited to) additions, rooms, stairs, decks and porches.
30 (b) Permanent placement. Recreational vehicles and park trailers shall not be permanently
31 placed, installed, or anchored.
32
33 Sec. 122-30.—Tanks.
34 (a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent
35 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
36 during conditions of the design flood, including the effects of buoyancy assuming the tank is
37 em .
38 (b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
39 requirements of section 122-30(c) of this chapter shall:
40 (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
41 Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed
42 to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
43 hydrostatic loads during conditions of the design flood, including the effects of buoyancy
44 assuming the tank is empty and the effects of flood-borne debris.
45 (2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
46 (c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated
5211
I to or above the design flood elevation and attached to a supporting structure that is designed
2 to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-
3 suporting structures shall meet the foundation requirements of the applicable flood hazard
4 area.
5 (d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
6 (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
7 of floodwater or outflow of the contents of the tanks during conditions of the design flood,
8 and
9 (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
10 including the effects of buoyancy, during conditions of the design flood.
11
12 Sec. 122-31.—Other Development Not Specified in this Chapter.
13 (a) General requirements for other development. All development, including, but not limited
14 to, man-made changes to improved or unimproved real property, including utilities, for which
15 specific provisions are not specified in this chapter or the Florida Building Code, shall:
16 (1) Be lawfully located and constructed to minimize flood damage,
17 (2) Be lawfully anchored to prevent flotation, collapse or lateral movement resulting from
rom
18 hydrostatic loads, including, but not limited to, the effects of buoyancy, during conditions
19 of the design flood,
20 (3) Be constructed of flood damage-resistant materials, and
21 (4) Have mechanical, plumbing, and electrical systems above the design flood elevation or
22 meet the requirements of ASCE 24, except that minimum electric service required to
23 address life safety and electric code requirements is permitted below the design flood
24 elevation provided that it conforms to all of the provisions of the electrical part of building
25 code or other pertinent code(s) for wet locations.
26 (b) Concrete slabs used as parking pads, enclosure floors,landings, decks,walkways, patios
27 and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A
28 Zones. In addition to meeting all requirements of the Florida Building Code, for parcels in
29 whole or in part in coastal high hazard areas and Coastal A Zones, concrete slabs used as
30 parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural
31 uses are permitted beneath or adjacent to buildings and structures provided that the concrete
32 slabs are professionally designed and lawfully constructed to be:
33 (1) Structurally independent of the foundation system of the building or structure,
34 (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
35 causing significant damage to any building or structure, and
36 (3) Have a maximum slab thickness of not more than four(4) inches.
37 (c) Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition
38 to the meeting all requirements of the Florida Building Code, in coastal high hazard areas and
39 Coastal A Zones, decks and patios shall be located, professionally designed, and lawfully
40 constructed in compliance with the following_
41 (1) A deck that is structurally attached to a building or structure shall have the bottom of the
42 lowest horizontal structural member at or above the design flood elevation and any
43 suporting members that extend below the design flood elevation shall comply with the
44 foundation requirements that aply to the building or structure, which shall be designed to
45 accommodate any increased loads resulting from the attached deck.
46 (2) A deck or patio that is located below the design flood elevation shall be structurally
5212
I independent from buildings or structures and their foundation systems, and shall be
2 professionally designed and lawfully constructed either to remain intact and in place during
3 design flood conditions or to break apart into small pieces to minimize debris during
4 flooding that is capable of causing structural damage to the building or structure or to
5 adjacent buildings and structures.
6 (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
7 constructed with more than the minimum amount of fill necessary for site drainage shall
8 not be approved unless an analysis prepared by a qualified registered design professional
9 competently and substantially demonstrates no harmful diversion of floodwaters or wave
10 runup and wave reflection that would increase damage to the building or structure or to
11 adjacent buildings and structures.
12 (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
13 natural grade or on nonstructural fill material that is similar to and compatible with local
14 soils and is the minimum amount necessary for site drainage may be approved without
15 requiring _analyanalysis of the impact on diversion of floodwaters or wave runup and wave
16 reflection.
17 (d)Other development in coastal high hazard areas (Zone V)and Coastal A Zones. In coastal
18 high hazard areas and Coastal A Zones, development activities other than buildings and
19 structures shall be permitted only if also authorized by all the appropriate or required federal,
20 state or local authority(ies), if located outside the footprint of, and not structurally attached to,
21 buildings and structures, and if analyses prepared by qualified registered design professionals
22 competently and substantially demonstrate no harmful diversion of floodwaters or wave runup
23 and wave reflection that would increase damage to adjacent buildings and structures. Such
24 other development activities include but are not limited to:
25 (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures,
26 (2) Solid fences and privacy walls, and fences prone to trapping debris, unless professionally
27 designed and lawfully constructed to fail under flood conditions less than the design flood
28 or otherwise function to avoid obstruction of floodwaters, and
29 (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
30 systems or mound systems.
31 (e) Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal
32 high hazard areas and Coastal A Zones:
33 (1) Minor _grading and the placement of minor quantities of nonstructural fill shall be permitted
34 for landscaping and for drainage purposes under and around buildings provided that the
35 nonstructural fill does not exceed two (2) feet in depth.
36 (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
37 horizontal shall be permitted only if an analysis prepared by a qualified registered design
38 professional competently and substantially demonstrates no harmful diversion of
39 floodwaters or wave runup and wave reflection that would increase damage to adjacent
40 buildings and structures.
41 (3) Where authorized by the Florida Department of Environmental Protection or applicable
42 local federal, or other state approval, sand dune construction and restoration of sand dunes
43 under or around elevated buildingsanalysis
are permitted without additional engineering _g analyare permitted without additional engineerin _g analysis
44 or certification of the diversion of floodwater or wave runup and wave reflection if the
45 scale and location of the dune work is consistent with local beach-dune morphology and
46 the vertical clearance is maintained between the top of the sand dune and the lowest
5213
I horizontal structural member of the building.
2
3 .
4
5 gener-al welfaFe a+id to minimize p4lie and private losses dtte to flood eanditions in speeifie afeas
6 by provisions designed to:
7
8 ,
9
10 i ;
11
13 ,
14
15
17
18 ;
19 (''�)Terae pr-olongedness i�te�r�t}e
20 ,
21 ;
22
23 Vie—are-as in stteh fna+mer-ante fninifnize fttt-ufe flood blight afeas;-a+ld
24 .
25
26 the potential p4lie a+id private less dtte to flooding. it is the intent of the BOGG that the eetH+t-)'
27
28
29 adhered to in all afeas of speeial flood hazafd within the jw4sdietioa of the tmiaeofpor-ated af
30 e€�ke eaw".
32
33
34
35 i
36 b, 4 not limited t n n GFR tin 3(a)(2)
37 ;
38 ;
40
41
42
43 be -kept on file, "!able to the p4lie, in the off4ees of the eott� Bttilding Pepaftfne
44
45
47
48 (RE) lis�. FEMA a+id �he U.S. Fish a+id Wildlife Sefviee (PAIS) ha--ve pfavided �he speei
49 feetts afea fnaps (SFAN4s)mailed to Monfee Gott*�and dated April 30, -2011, a+ld a listing
50
51
5214
I the RE list that afe within the SFAN4s identified by the PAIS in aeear-daflee with t
2 atox vp ,i ", dated April , tz Ti n�€ac cc P cc€ma€r- 14, tz i n cic-h€r-eb�,3
4
5
6
7
8
9
10
11
12
13
14 (e) Rules for-interpreting flood hazard issues. The betffidafies of�he flead hai5afd afeas shawff off
15
16 ts of these fna-ps for- pr-eeise laeations of stteh botmdafies shall be made by
17
18
19
20
21 ,
22 ,
23
24
25 .
26 (a) The fellowing wor-ds, tefms and phrases, when ttsed in this ehapter-, shall ha-ve th
27
28
29 . . ts of inter-seetion with other-native habitat. For-pttToses of this !a-Rd deVek)pfflefit
30 .
31
32
33
34 gie
35
36 sides.
37
38 ,
40 _V464"ate-4 b;_4 iqg fnea+ls a liallbasemeat bttilding that has its lowest elevated flear-raised abe
41 .
42
43 ,
par-king or-
44 .
45
, 1975. & C-6irr knownrcrrrM scraccmti.r
47
48
49
50 final site gr-ading or- the pow4ag of eaner-ete pads is eampleted before Janttafy a+ld
5215
I
3
4
5 >
6 r,a t&itttfed woods.
7 .
8
9
10 fneeting the r its for-indi idtt,i list;„ r fhe.rr.,f;ona Register-;.
11
12
13 by theSeer-etafto ^ a'� registered terie distfi
14
15 ;
16
17 t; )1 p s th,.,t h,.,.e boor eei4ified e thef
18
19 .
20 41eg-!�iiwim— -.-means a s4ttet-ufe or-ttse that is not a legal stt+tet-Hfe or-legal ttse as de:G
21
22
23
24 .
25
27
28
29 gafdea eqttipfflefit, tffeS, afid other- low damage items whieh will not stt�r-flood damage or-ea*
30 be eanveniendy moved to the elevated paft of the bttilding. Flood instifa-flee eaver-age
31 .
32
33 tmfiaished or- flood wsista+it enelostife, ttsable solely for-par-king of vehieles, bttilding aeeess ef
34
35
36 elevation des* r its of thi ,hapter
37
38
39
40
tfa+ispaAa-ble s4ttet-wes plaeed an a site for- 180 eoasea4ive days or- leager- and intended to be-
41
42
43
44
45
46 easts an appli iest r-eview by-an independent third paf�y appraiser-Atly m4har-ized by
47
48
49
50 appraisal shall be r-eqt&-ed to possess eei4ifieE4ioas as stE4e eei4ified r-esideatial appraisers
5216
I
3
4 .
5
6 as an enelostife, mater-ials with no openings, flood resistant fnater-ials), whieh was lawfa1l�'
7
8
9
10 ;f,00 .,,tha „r ,. ,.. it4e,a development t be ]
11
12TrrT
13 by this ,.hapte,
14
15 ;
16 ;
17 (3) Designed to be self pr-opelled or-pefmcmeady towable by a light di"tftfek—,�
18
19 .,f; ra eampf,-..of or-seasonal,
20
21
22 ,
23 ,
24 ,
25
26
27
28 ; of the piffeeffiefft
29
30
31 ;
32
33 .
34
35
36
37
38
39
40 damages,then the stntet-ufe fntist be elevated(or-flood pr-oofed if it is non r-esidential)to or-A
41
42 ,
43
items whieh afe sepafate fFafn the repair-. hems that fna-y also be &ieltided ineltide demelition arf-
44 emefgeney r-epair-s (easts to temper-afily stabilize a bitilding so that it's safe to enter- to evalitate
45
46 .
47
48
49 "
50 "
5217
I
2 health, Saffitafy, OF saga�y eade speeif4eations whieh have been identified by the W
3
4
5
6
7
8
9 be tfiggeFed solely by the F et th.,f the sf.ttet-we;s t eifi,; od OF FepaiFed.
10 1* addition, fOF afly FepaiF FeqttiFed to meet health, smiitaty, a-Rd saga�y eades, Only the
11
12
13
14 ; of
15 "
16 JtFttet-rre's eantiatted desigw4ioato ie s4+te
17
18 aai4s.
19
20
21
22 .
23 Rehabilitati011 OF Feeans4ttetion wattid be a PaFtial OF eamplete " " and Feplaeemeat of
24
25
26 the eat; h,,;1.in Fattst be elevated to or-—above e(lead ele atialr BF-
28
29 fea�pr-iat of the &�stiag btFilding, anly the addition is r-eqttir-ed to be elevated to or-above the
30 ,i.e.; the &kistiag btFilding does nat have to be elevated. if the proposed later-a!additial+
31
32
33 s4ttet-ufe be elevated to or- above the BF-E. Even thattgh the i I .tself is eatir-el�'
34
35 .
36
37
38
39
40
41 .
42
43
an fFietion piling (eaner-ete or- weed) and shall be anehar-ed to stteh r-ae-k s"PaFt b holes, 1.6-
44 inehes in FainiFattm diameter-,attgtifed into stteh r-ae-k a FainiFattm depth of three feet and wiafer-e
45
46 and tied to the ver-tieal steel of the pier-. Wooden pilings shall be lee-ked into 16 ineh a-ttgef
47 .
48
49
50
5218
I
2 to final "f;"
3
(e) Within-21 ealeadaf days of establishment of the lowest flear-elevation, or-"all plamneat of th-e-
4
5
6
lowest flear-within A zones or-the lowest poi4ioa of the lowest her-iZental s4+tet--HFa! fnember-
7
8
9
10
11
12holder's
13
14
15
16 hereby shall be ea-ttses to isstte a stop wofk order-for-the pr-qjeet.
17 (f) The degree of flood pr-ateetion r-eqttir-ed in this ehapter-is r-easonable for-wgttlatofy pwToses a-Rd
18
19
20 imply that 1—and- the afeas of speeial flood hazafd or-ttses pefmit4ed within stteh afeas
21
22
24
25 .
26
27 ,
28 .
30
31 .
32
34
35 .
36
37 "f;""s that fninifnize fl"",a damage,
38
39 and pr-aetiees that fninifnize flood damage.
40
41
42
43
44
45
46 damage to them and " r,.,w.inat "r f"fn them ,a,,4 flooding.
47 ,
48
49
50 (9) illegal or- noneonfeming ttses, s4+tet-ufes, a+id eans4+tetion below elevated post F-112
51
5219
I
.Y .--its to below base flood enel s-afes, other--
than for-demolition or-a pefmit to r-efnedy a life saga�y hazafd,�mless the s4ttetufe is br-ottght
3 into , pli ree with this eh pter
4
5 .
6
7 as defiffed iff this ehaptef.
8
9
10
11 .
12
13 allowed w high . „1,1 ; to t;.,l flood damage-7
14
15
16 of lots within afeas of speeial flood hazafd shall eafFy the fellowing flood hazafd waming
17 atly disp1.,.,0,1 an the ,a, ettf.ort:
18 FLOOD HAZARD AIARNP r_
19 This pivp€f• be s4bjeet to flooding. Yeti shatti eantaet the eo ,, �Arrc vivw+ch
20 Management Division and obtain the latest infe 'ding flood elevations and
21
22
23 been provided the F 11,,.E ial afe -e :
24 .
25
26 the lowest flea-- for- zones A! 30 n E r,a A 14or- h tt w. f the lowest s a---
27 iaember' of the lowest Flea- for- zones NIr30 A7R A7 elevated .,tor- above tho t �o
28 flood elevft6off level.
29
30
31
32
33 within the , its ,a,,4 , rd t; rs f flo di
34
35
36 he-e the lille passes a-HIto-io-wallOr-Slab.
37 d. &ieept as noted in s4seetion(b)(7) of this seetion,the spaee below the lowest flear-a
38 ,
39
40 f 11,,. „r , rd t; rs:
41
42
43 feet shall only be enelosed with ser-een or- open la4iee. This lifnitation shall not
44 .
45 ,
46 &i;sti g a April 17 zov4,-r-he effeetive date of the or-dinaneefFaffn w'hieh t�ir'rr
47 seetien is derived shall be deemed eerf,-mini as to thepr-ovisionsf this
48
49
50 z. They,.,l�enelosed afea below the base flood elevation in zone AE, once
51
5220
I
2 tom&teh the and falling F Fl,,,,,aw ater-r an the E)�4srue-vf he s4+tEt-Hfe. A
4
5
6 door-may he, e,a i lie„ fventing ane wall opening. Openings shall he s;t,,.,te,a
7
8 g
9 3. h4er-ior-walls, eeilings a+id floor-, below base flood elevation, in enelostifes mat,
10 be finished with allowable &iter-ior-finish, r-egafdless of whether-this is speeified
11
12 Bttlletia.The most weent Teehaieal Bttlletia limits the finish to basie wall eeiling
13
14
16 4. The ;,,to t; F. enelosed . ., below , elevated 1,,,;1,iag m t be
17
18
19
20
21 ffittse vaid of tAi'li6es *h�efviee �he effelostife aaidea-ffffa� be
22 .
23
24
25
26 fi t F F GFI 1 t,-iea tael es
iai" e�'zeEltfl� `.�h'. ��ce� , erg ccrrcar ieccp ccccr��
27 shall nat he 1,,e te,l helaw the base floodelevation.
28
29 tisf , t t 4(h)(l),l 7 1 F
£ss-sircx�x�xixg-c�3;r�'cE�tt}�g�3@}3�6�sstl�ccc}6�3s��� ., 3cr��� n/1'lr�v�4j-vr
30 this ;r
31 7. The afea effelosed belaw the base flood „1,,.,a+iaff shall ffa, be ttsed F h,..f..+
32 h..l.; r
33 8. &ieept as ne edins4seetiens12-2 4(hvl)h a+i (h)(I) .5. of this seeti6ll oz
34
36 �?� � aze� ee �ttette -
37
38
39 (FIRM) shall have the lawest flear-(ineittding basement) elevated to or-above the base
40 flead level or-,together-with a4eadaf4�444y and sanitaty f4eilities,be designed so that
41
42
43
44 Elevating above b se flo-o-d- ion fna-y deer-ease the east of flead instwa-Bee.Wher-e
45 ,
46 a registered pr-ofessional engineer- or- afehiteet shall develop and,lor- r-eview st-letwal
47 design speeifieations a+id pla+is for-the eaastt+te6aa a+id shall eei4ify that the design a-Rd
48
49
50
51
5221
Fl,,odp fi f f T 1 t to t;.,1
is,Ti36riccE€�3���E�h E6irs�ttE�l6ir-vr—ca�iimir�'�scroscccrrcrccr
2
3 zone N11- 30,N112 or-N'shall have the bettem of the lowest her-izental stf+fet-ufal fnembe
4 of the lowest fleaf, eleviited to of above the base flead eleviitieff.
5 ,
6
7
8
177 4(t,l( l., rf t- �7 4 (h)(l),l 7 (h)(I) 4 „F
xzz rj-v7C5T�oYZ�}�-�ccz}6�3�6�' t�86�3cr6�' EE�}6�3����
10 this seetion for- A zones. Plans for- sneh stpdet-ufe shall be sninnit4ed to the bitilding
11 .
12 Aeeess-ei,�,st-yHe-twes
14
15
16 (i) The enelosed aafea is 150s"afe €EEt ems;
17 (ii) The nse is lifnited to lifnited star--age; and
18
19 late-.,1 f rf
20
21
22
23 4(h)(l),l within A zones -the ,f4e-;., sot F i h in „ seetio (t l(Gl within N7
24
25 .
26 1. All nonresidential aeeessefy s4ttEt-uTes,-or-—enelosecc'lrifeas, w4iieli fneet the
27 F 11,,.E ing ,f4e-;, two,. ,-m t e ;F.
28
29 (ii) They-iaEEt the br-Eakwha-y wall stand`„—.as „tl;,,ed in Seeti6ir r��
30 4(b)(5)a.. within N' zones ogirl'rE—` eating iEEtnir-Emmenus antlxraecd Hi+
31
32
33 this seetion; r,a
34
35 1,* a r*
36 (^`�e-twed how s,
37
38
39
40
41
42
43 rEE red, to the flood hazafd afe-ainthe Florida Bn ldi Go
44 Seet o v322 (Zone n) or-Seet o v312 3 (Zone m
45 bResefve -
46 e. No solid walled additions fna-y be added to a fna-nn�et-ufed hafne naless the addition is.
47
48 .
49 Solid walled addit effs eleyft` e r a of above *he Lase flood eleyft6aif irrccs be
50
51 .
5222
I
2 .
3
4
5
6 inz.A.G:Chapter, 15G.
7
8
9
10
11
12 by the Do,..,ftmerf fHot si and rr,ba- Development in 24 GF 3280 3n4(rwm a+1
13 .
14
15
16
17 ,
18 shall
19
20
21 base flead elevft6eff.
22
23
24 .
25
26IA
28
29 eeas4tteted with br-eakwwa-y walls so as not to impede the flew of fleadw
30
31
32 .
33
34 eeittffiffs.
35
36
37
38
40 d. A registered pr-ofessional eagineer- or- afehiteet shall develop or-review the s4+tetwal
41
42
43 efpiae iee foi fneeting the pr-ovislense€Seetiens122 n(h)(c). (t VGIt a+l (h)(5l
45
46
48
49
50 4(h)(l),l 1 (h)(l),l (h)(l),l 4 .,n (t l(�l7ax of thrrreeti6s
5223
I h. Prior-to eans4ttetion, plans for- any s4ttet-ufe that will haw enelosed spaee below the
2 base flood elevation level shall be s4fnit4ed to the Bttildiag Offieial or- his desig+fee
3 for-approval.
4 i. Alalls a-Rd pfftitieffs shall be allowed below the base fload elevatieff,pfavided the�,af-e
5
6 the impaet of abnofmally high tides or- wind dr-iven water- witho�4 damage to the
7
8
9 be ttsed as the safe lead design for-br-eaka a-y walls.
10 j Complicmee with the pr-ovisions eantained in Seetion 1-2-2 4(b)(5)i. of this seetion shall
11 .
12
13 the spaee below the base flood elevation level &ieept as provided for-in Seetions 1-2-2
14 .
15
16 whieh will iner-ease the pateatial for-flood damage.
17
18
19
20 nee, be -oa bat -000r- ,,,-kshop. This nbt}ell does not apply to IIeA=
21
22
23
24
25
27 (8) Below h—fla-d-levation vapianee. 1*no event shall a below base flood elevation var-ianee
28
29
30 afe not s4stanti,l
31
32 .
33
a. Be on the site for-",er-than 180 eoasea4ive days and be fitily lieensed cmd ready fer--
34
35
36
37
38
39 additions.
40
41
42
43
44
45
46 inter-est, will be ill hafffielly with the gener-al pwTose and inteat of this ehapter-, cmd will be th
48 (b)- Proeedti--es.
49
50 of speeial flood hazafd shall be filed with the Bttildiag Pepai4fneat at the tifne of applieatiall
51
5224
1
2
3 ri;,.atior and s„t,w.;, r a r,aatior to the ran n u
4
5
6
7 .
8 .
9 (1) Nlafia-nees shall be isstted only "an a detefmination that the vafia-Bee is the milli
10 neeessaty, eansider-ing the flood hazafd, to afford relief-, and only"an all of the fellowing
11s
13
14 ,
15
16 ;
17 ; or-eanfliet with
18 ;
19 d. Speeifie wr-ittea findings edte the faeter-sb
20 (2) The F 11,,.E ing faeter- shall be wley af4 in the r i F a afiimee:
21 ;
22
23
24 ,
25
27
28 ,
29 h. The "Iabi' of altemate Weatiens less s4bjeet to
30 ,
31
32 ,
33
34 #1ee4l-
35
36
38 ,
39 eleetfieadater-systems, and stfeets and bridges.
40
42
43 €
44 bTke domestiefiee}ties of tneant OF fflefflbeFS Of hiSze
45
47 4 '-ke elevation f s,,,...,,,mdi stf+tetirres.
48
49
50 is to be bt�k a+id stating that the east of flood instifanee will be eammeastiFate with
5225
I the iner-eased r-is-k r-eatiting f:Fefn the lowest f4E)E)F beifig Weated below the base flood
2r
3
4
5
6 will be below the base flood level, a+id that aettt�al flood instifa+lee rates ifier-ease as the
7
9
11
12 See.13-6.Required insp eetien=, of Residential St-ru eta resz
13
14 "
15
16 inspeetion of the below base flood enelostwe shall be eandtteted. The r-eqttir-ed inspeetion shall
17 eandtteted ne eaflier-than 180 days prior-to the tfansfer-of the pr-opef�y by the Seller-or-the Paten
18
19
the below base flood enelostwe, is to identify for- eott� r-eear-ds a+ld ptwehaser-s ap-),-
20 noneeaggEmitiesor-illegal stf+et--
21
22
23 division. Fees for- inspeetions eandtteted by the gr-owth ma+iagemeat division shall be in
24
25 .
26
27
28 .
29 (d) Private inspeetors' approval. Non eett*l f:Fefn a+i approved list maintained by th-e
30
31
32
33
34
35
36 ineemplete,
37 f.- w, the approvedlist of inspeete by the gr-owth m rf,a;-eeter
38
39
40 for days prior-t the e sir date for-tfansfer- fp- reft.,
41
42
43 will be notified that the s Violation of this seetion. The btt-yer-and hi
44
45
46
47
48
49
50
51
5226
I
t a tf an s fe r, This inspeetion is not intended to be itsed to identify or- pr-eseei4e a+iy other-
2 .
3 (g) NOthfifig fill this seetio-ii shall prohibit the eeia� f:Fefn pr-aseeitting illegal, IffiPeFfflitted
4
5 .
6 (h) if*1:�, Af the identify illegal ttiipeFmitted ifHpFE)VefHel4S Seetion 1-2-2 4 applies
7 .
8
9 See. 12z 7.Flooarl..;n C,.,.f;r;cate of Complianee Prograniz
10 (a) Generally. Any PFOPe4y &Alfiff Who has obtained an inspeetion of his d8VHlStftiFS enelestife OF
11 .
12 (1) FE rn anee4ispeEtie�' OgF,affl; e�
13 (?)hispeetienaf time f sale; OF
14
15
16
17
18
19
20 (with no fee) is neeessaty to asstife eampliaiiee has been maintained and t
21
22
23
24 dawffstaifs livifft afeas as fellawsi
25
26
27 aFea Oil the ffOitiid f488F.Onee this data is eapt-wed,teelinieal staff Will dedRet all the PaFeels
28
29
30 grain,
31
32
33
34
35
36
37
38 ,
39 , he
40
41 feEtttifed to attthafii5e eaffsff=uetiaff.
42
43
44 t tfaiisfer- fowner-ship „r,a i Seel r 1-2-2 ti
45
46
47
48
49
50 .
5227
I
2
3 (f) New eonstruetion. New eans4+ietion that eantains a-By �ype of below base flood elevati
4
5
6
7
8
9
See. 122 8.inelusion of United States Feder-a! Emergeney Management Ageney (FEMA) and-
10 United States Fish and Wildlife Serviee (FIALS) Required Permit Referral Proeess
11 .
12 ,
13
14
15
16 a
17 (b) Lands to whieh this seetion apply. See Seetion 1-2-2 -2(b)Q,
18
19
20
21 .
22 .
23 (1) SV44AIFeview peqwped, Far-pafeels or-lots shown within the SFAN4s ill whieh a-H applieat
24
25
26 woodr-at,Key tFee eaet-tts,Lower-Keys fnaFsh rabbit,Eastem indigo saake,Key deff, Sehm
27
28
29 ft,o ,ao.eelopmeat . plieatior ,. ,mit files that indi ates.
30 a. The name 6f the 6fficm crrcc�r€vT€wcar-the a€v€lOjmi€nt application for- rrva
31
32 b. The ate-e€flke�e�4e�L
33 eThedate of the SFAM and RE list ttsed eendttEt the r-ev4e,NL
34
35 .
36
37 in whieh a+i applieation for-a pefmit for-development has been made illeittding 1) e"a+ldiffg
38
39
40
41
42
43 lsla+id tfee snail,a+id the pafeel or-Wt is listed an the RE list,the Planning Pir-eeter-or-his,�he
44 designee shall ttse the SAGs to detefmine whether- a floodplain development pefffil+
45
46
48
49
50
5228
I ,
2 .,1 Fvegetation, or-eammeneemeat f development,with a nd do that:
1' f obtain f f o f.-af the d
z. �4ic-�3ricicirr3cG�iciicr-vQcccrrrc�trttiii .r'rrcc`�2 �€��rccicircr
4
5 ,
6 3. 1* aeear-d -nee with the Florida Bt,l iag (`ode a+id Mear-ee (`.,,,,,t., Cvcti6ir6
7
8
9
10 assistanee, Mear-ee Gott� shall provide the applieation to the sefviee weekly. Based
11
12 ,
13
14
15
16
17
18
19 oste do .,,,dla-ptffeh.,so fnative habitat.
20 ,
21 iff the peffiiit file.
22
23
24 developffiefft I i i I i begiff.
25 ,
26
27
28 .
29 h. if the pr-opef�y owner- does not agree to the PAIS teehaieal ttir-efRefits to
30
31 .
32
33 and Lower- Keys fnafsh rabbit habitat, pr-opef�y owner-s shall agree to &iea4e a+ld
34
35
36
38
39 op eiq6kwqgeied) speeies All proposed development shall fneet the eanditions.
40
41
42
43
44
45
46
47
48
49 S*
50
51
5229
1
2
3
4
5 .
6 -A. 1-4�- off-der-for-these per-seas whose alleeations or-whose bttilding pefmits wer-e tailed to
7
8 .
9 1 Owner-s with alleeations whe do not need eaer-dination with PAIS after-they afe
11
13 Haw 300 days f�he date f. � ; ,a .� tiee iffy
n. v-crccy c-crcrcc-vr-crE6i'mcpz$s'accr=w'ircc€�zivcrc� zrr€ft-
14
15
17
18 .
19 i. Haw 180--dayi the date-vra eeimcy- sr'accr=wffrccen nvcree, to
21
22
23 a pemiit fmFo , the P014, Feea maenee developmentand Feeeiye-a
24 passed iffspee6aff.
25 (5) Permit issunnee for- Annual alloention awards f+om the Rate of Growth Or-dina
26 (ROGO), Non Residential Rate of !'',.,.wth Ordi,..nee rn ROGO) PeFmit
27 "
28 "
29
30
31
32
33
34
35
36 (6) Pr-opei4ies for- whieh a pefmit has been isstted and for- whieh development has
37
38 "
39
40
41
42
43
44
45
46 See. 12 eais;
47 (a) Authority.The Division of Adminis4ative Hearings(POA14)shall hwve the atAhaf4y to heaf a+ld
48
49
50 (b) initiation. An appeal fna-y be initiated by a+i awner-, applie&4, aE�aeellt pr-ope4y Owner-, aff�A
51
5230
I
2 r ,r,a Development rode.
3
4
5 adffiiffist+a+ive aetieff. Failtwe to file stteh appeal shall eaffstitt4e a waivef of a-Hy rights ttffdef
6
7
8
9
10 fna4er- of the appeal and to sead wr-ittea natiee of the appeal to the owner-, applieaf4, pr-ope
11
12 of the wr-44ea natiee of the appeal, the Gett�shall r-efer-the appeal to DOA14 with a wqttes
13
14
15 (d) Effeet of filing an appeal. The filiffg of a ffa6ee of appeal shall s�� all pefffi4 ae6vit-y a-Rd a+iy
16
17
18 ease�he appeal shall ffa�s��ftff4hef pefffl4 ae4vif-afld a+iy pfaeeediffgs. The BOGG shall fe
20F.A.G.
21
22
23
24 Section 3.These updates are necessary to ensure County consistency with the requirements
25 of the Florida Division of Emergency Management - Bureau of Mitigation - State Floodplain
26 Management Office's model floodplain ordinance. However, in recognition that where an extant
27 legislatively approved law is repealed by a subsequent legislative act which substantially reenacts
28 that repealed extant law, the prior legislatively approved law and the subsequent legislative act
29 shall be regarded as one continuous law uninterrupted in its operation, see McKibben v. Mallory,
30 293 So. 2d 48, 52-53 (Fla. 1974), see also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38
31 (Fla. 3rd DCA 1979), it is the express legislative intent and purpose of the BOCC, in relation to or
32 in connection with of subsequent administrative and judicial construction and review of this
33 ordinance and Chapter 122, that all recodified or reenacted provisions of Monroe County Land
34 Development Code Chapter 122, which includes those provisions of Chapter 122 unchanged or
35 not substantially modified by this ordinance, shall be deemed to have been in operation
36 continuously from their original enactment whereas the changes or substantial modifications are
37 treated as amendments effective from the time they go into legal effect.
38
39 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance
40 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all
41 applications for development, including building permit applications and subdivision proposals,
42 submitted on or after the effective date of this ordinance.
43
44 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
45 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
46 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
47 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
48 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
5231
I connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
2 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
3 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
4 construction and interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, bankruptcy, and on appeal.
6
7 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
8 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
9 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
10 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
11 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
12 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
13 continue unimpaired in full force and effect.
14
15 Section 7. Conflicting Provisions. Consonant with Section 3. all ordinances or parts of
16 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
17 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any
18 ordinance which has been repealed thereby.
19
20 Section 8. Captions and Paragraph Headings. Captions and paragraph headings, where
21 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
22 and intent of the particular paragraph or text to which they refer.
23
24 Section 9. Transmittal. This ordinance shall be transmitted to the Florida State Land
25 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
26
27 Section 10. Filing. This ordinance shall be filed in the Office of the Secretary of the State
28 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
29 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
30 approving the ordinance, and if the final order is challenged, until the challenge to the order is
31 resolved pursuant to F.S. Chapter 120.
32
33 Section 11. Inclusion in the Monroe County Code. The provisions of this Ordinance
34 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
35 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
36 uniform marking system of the Code.
37
38 Section 12. Effective Date. This ordinance shall become as provided by law and stated
39 above.
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
42 Florida, at a regular meeting held on November 15 2022.
43
44 Mayor Craig Cates Yes
45 Mayor Pro Tem Holly Merrill Raschein Yes
46 Commissioner Michelle Lincoln Yes
5232
1
2 Commissioner James K. Scholl Yes
3 Commissioner David Rice Yes
4
5 � �� r BOARD OF COUNTY COMMISSIONERS
dOr G is 28 �� OF MONROE COUNTY, FLORIDA
r B
Mayor ig Cates
10 L�
11 r "�I VIN MADOK, CLERK MOANRPOE CO ATTORNEY
12
13 G .�
14 AS IJEPUTYCLERk PETER MORRIS
15 ASSISTANT COUNTY ATTORNEY
Date: 11/1/22
t
�! ,v CCU
`-D
5233
EXHIBIT 2
2 l JJJJN�i %GG% ////////// ��11111111111111����N�J
3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11
12 Date: November 1, 2022
13
14 Subject: AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
15 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY
16 LAND DEVELOPMENT CODE AMENDING SECTION 101-1 DEFINITIONS;
17 TO UPDATE FLOODPLAIN MANAGEMENT DEFINITIONS; TO REPEAL
18 AND REENACT CHAPTER 122 FLOODPLAIN MANAGEMENT; TO ADOPT
19 AN UPDATED CHAPTER 122 FLOODPLAIN MANAGEMENT TO BE
20 CONSISTENT WITH THE FLORIDA DIVISION OF EMERGENCY
21 MANAGEMENT, BUREAU OF MITIGATION, STATE FLOODPLAIN
22 MANAGEMENT OFFICE'S MODEL FLOODPLAIN MANAGEMENT
23 ORDINANCE WHICH IS WRITTEN TO EXPLICITLY RELY ON AND BE
24 COORDINATED WITH THE FLOOD PROVISIONS IN THE FLORIDA
25 BUILDING CODE, MEETING THE NATIONAL FLOOD INSURANCE
26 PROGRAM (NFIP) REQUIREMENTS AND APPROVED BY THE FEDERAL
27 EMERGENCY MANAGEMENT AGENCY IN 2013; INCLUDING
28 DESIGNATING A FLOODPLAIN ADMINISTRATOR, ADOPTING
29 PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD
30 AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY;
31 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
32 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
33 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
34 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
35 MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
36 EFFECTIVE DATE.
37
38 Meeting: November 11, 2022
39
40 I. REQUEST
41
42 The Monroe County Planning & Environmental Resources Department is proposing amendments to
43 repeal and reenact Chapter 122, Floodplain Management, to be consistent with the Florida Division of
44 Emergency Management's State Model Ordinance which is written to explicitly rely on the flood
45 provisions in the Florida Building Code, continue to fulfill the requirements of the National Flood
46 Insurance Program, and maintain good standing in the program, and continue to meet the Community
47 Rating System (CRS) requirements and maintain our CRS score.
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1
2 In summary, the amendment includes the following:
3 • Updates to the floodplain management definitions in Section 101-1.
4 • Establishes the purpose, scope and intent of Chapter 122 Floodplain Management.
5 • Specifies that Chapter 122 is be administered and enforced in conjunction with the Florida
6 Building Code. The flood load and flood resistant construction requirements of the Florida
7 Building Code shall apply to all buildings and structures that are wholly within or partially within
8 any flood hazard area.
9 • Establishes that Chapter 122 applies to all flood hazard areas within the unincorporated areas of
10 Monroe County.
11 • Retains the reference and use of the Flood Insurance Study for Monroe County dated February
12 18, 2005, and the accompanying Flood Insurance Rate Maps (FIRMS).
13 • Retains the provisions for the Permit Referral Process, Species focus area maps, Species
14 assessment guides and the administration of development review within species focus areas.
15 • Provides updated floodplain management definitions for Chapter 122.
16 • Designates the Building Official as the Floodplain Administrator and provides for the duties and
17 authority of the Floodplain Administrator, including rendering interpretations of Chapter 122,
18 reviewing permit applications and plans, issuing floodplain development orders or permits,
19 providing substantial improvement/substantial damage determinations, etc.
20 • Provides for the permanent retention of floodplain management records.
21 • Provides permit application requirements and standards, including for buildings, structures and
22 facilities exempt from the Florida Building Code.
23 • Outlines the buildings, structures and facilities that are exempt from the Florida Building Code:
24 o Railroads and ancillary facilities associated with the railroad.
25 o Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
26 o Temporary buildings or sheds used exclusively for construction purposes.
27 o Mobile or modular structures used as temporary offices.
28 o Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are
29 directly involved in the generation, transmission, or distribution of electricity.
30 o Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
31 Florida. As used in this paragraph,the term "chickee"means an open-sided wooden but that has
32 a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate
33 any electrical,plumbing, or other non-wood features.
34 o Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled
35 on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of
36 granite, marble, or reinforced concrete.
37 o Temporary housing provided by the Department of Corrections to any prisoner in the state
38 correctional system.
39 o Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building
40 Code, if such structures are located in flood hazard areas established on Flood Insurance Rate
41 Maps.
42 • Requires a Nonconversion Agreement form agreeing to not convert or modify in any manner that
43 is inconsistent with the terms of the building permit and Chapter 122, enclosures below elevated
44 buildings, certain crawl/underfloor spaces, detached accessory structures, and garages.
45 • Provides the standards for site plans and construction documents.
46 • Provides inspection standards to determine and/or confirm compliance with the requirements of
47 Chapter 122 and the conditions of issued floodplain development orders or permits.
48 • Retains the required inspections of enclosed areas below elevated residential structures.
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1 • Retains the Floodplain Certificate of Compliance Program.
2 • Updates provisions within the Variance procedures and provides for new variances for at-grade
3 wet floodproofed accessory structures in A/AE Zones that are larger than 600 sq. ft.but not larger
4 than 1,000 sq. ft. in size.
5 • Updates provisions within the Appeal procedures.
6 • Establishes that any development that is not within the scope of the Florida Building Code but
7 that is regulated by Chapter 122 which is performed without an issued County permit, that is
8 non-compliant or in conflict with an issued permit, or that does not strictly and fully comply with
9 Chapter 122, constitutes a violation.
10 • Provides flood resistant development standards for buildings and structures, including the design
11 and construction of buildings, structures and facilities exempt from the Florida Building Code.
12 o Includes standards for: enclosed areas (enclosures) below elevated buildings, minimum
13 foundation requirements for buildings and structures within the scope of the Florida
14 Building Code, at-grade residential detached accessory structures and nonresidential
15 detached accessory structures.
16 • Provides minimum subdivision and plat requirements.
17 • Provides minimum requirements for site improvements and utilities, and limitations on the
18 placement of fill.
19 • Provides standards for manufactured homes, including foundations, anchoring and retaining the
20 elevation requirements.
21 • Provides standards for recreational vehicles.
22 • Provides standards for tanks, slabs, decks, nonstructural fill, etc.
23
24 II. BACKGROUND INFORMATION
25
26 The National Flood Insurance Program (NFIP) is a federally-subsidized flood damage insurance
27 program administered by the Federal Emergency Management Agency (FEMA). Residents and business
28 owners are eligible to purchase NFIP flood insurance policies in communities that agree to regulate
29 development in special flood hazard areas. These special flood hazard areas are delineated by FEMA on
30 Flood Insurance Rate Maps.
31
32 The NFIP makes federally-backed flood insurance available in those states and communities that agree
33 to adopt and enforce floodplain management ordinances to reduce future flood damage. These
34 regulations must meet or exceed the minimum administrative and technical requirements in the NFIP
35 regulations (44 CFR Part 59 and Part 60). FEMA administers the NFIP and provides technical assistance
36 and training on NFIP requirements and mitigation measures. FEMA also has extensive publications on
37 the NFIP, including detailed guidance on mitigation measures that can minimize or eliminate future
38 flood damages.
39
40 Floodplain management is a community-based effort to prevent or reduce the risk of flooding, resulting
41 in a more resilient community. Per FEMA, meeting NFIP requirements is the most cost-effective way to
42 reduce the flood risk to new buildings and infrastructure. FEMA provides tools and resources to help
43 navigate NFIP requirements and implement higher standards of floodplain management.
44
45 Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances,
46 and/or building codes or adopt special purpose floodplain management ordinances. The NFIP
47 requirements apply to areas mapped as Special Flood Hazard Areas (SFHA) on Flood Insurance Rate
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I Maps (FIRMS) issued by FEMA. The SFHA is the area that would be flooded by the "base flood"
2 (defined as the flood that has a 1 percent chance of occurring in any given year; also known as the "100-
3 year flood").
4
5 The NFIP requirements include, but are not limited to:
6 • Elevation of new and substantially improved residential structures above the base flood level.
7 • Elevation or dry floodproofing (made watertight) of new or substantially improved non-
8 residential structures.
9 • Prohibition of development in floodways, the central portion of a riverine floodplain needed to
10 carry deeper and faster moving water.
11 • Additional requirements to protect buildings in coastal areas from the impacts of waves, high
12 velocity, and storm surge.
13
14 FIRMs inform communities about the local flood risk and set minimum floodplain standards for
15 communities to build with safety and resiliency in mind. FIRMS also currently determine the cost of
16 flood insurance and the mandatory purchase requirement. As risks change, insurance premiums also
17 change to reflect those risks, but property owners may be able to reduce premiums if they build their
18 home or business to be safer, higher, and stronger.
19
20 As a rrrrwc, p'EMA k Updwhig Ghc p`W's iisk rr°whig ui�MiodcOogy phKM&lh phC hlu P�Cu Cffl0:6CM C&O UW Prr°uChl&l.
21 aiuMdodiOogy capped p~kk ➢6Ghig 2.0. "1 th '1,0 Il61 pohc � �urr��:,�rruuusrrrru�!!
22 �moipoiaifc°- vari a]flc� ifo icI(:T.cc, plopur,i uiOM(Iurraa] I(:Too(l 10�k uiudarr(lMg iJ: rru+l oll I(:T.00(lMg,
23 SUCh J.S Spiirr°i SrrurryC, CWSWp ffosuo i, quad he y rrahill3pp quad �hc dkw icc W J WW.0 SiiUNC JpiM a6h parr°iiPCOY
24 Chi Wpd.ffk6CS, SUCK JS dCV0.6oi i quid Ghc ccw W NprrU . (_`oiiu nurruiau6CS Wffl CiiiaphWC w cani M`W rrwe dkC4b0.Bia S
25 of 5%o ... 45'Vo based o i phc Coiiu uurrMna Y SySWM dJSSS IiC0 uCM, hadUdhi , MCHaRW COrruuapy (35%o dkCiirruM),
26 hovv,c�'crr°, sauce p~kk 1�6Ghig 2.0 does iIW USC flood xoi ics w 3cwrr°iu hic u°piiod iisk, Ghc 3kC0auuap Wffl be W616111dy
27 app he W �ffl Piip 6CS phrr°iM&IhOLH �hc pao 6p whig a of irr auurruua Y, regatAess c&av1m:h rr° phc SpI'UCWIV k hiss do or
29
30
31
32 The Florida Division of Emergency Management(DEM) serves as the State Coordinating Agency of the
33 NFIP to work with Florida's municipalities and counties to administer their local flood damage reduction
34 regulations. The State Floodplain Management Program works to promote and ensure sound land use
35 development in floodplain areas in order to promote the health and safety of the public, minimize loss
36 of life and property, and reduce economic losses caused by flood damages.
37
38 The State Floodplain Management Office is a unit in the Florida DEM,Bureau of Mitigation. Floodplain
39 Management Specialists work with Florida's communities to help them successfully manage
40 development in flood zones. The State Floodplain Management Office provides/offers technical
41 assistance to improve administration of local floodplain management ordinances and the flood
42 provisions of the Florida Building Code and to monitor community performance to ensure compliance
43 with the NFIP development regulations in Special Flood Hazard Areas.
44
45 The State Floodplain Management Office also coordinates and collaborates on the following activities:
46 • Map Modernization and FEMA Risk MAP priorities
47 • Integration of flood-resistant standards into the Florida Building Code
48 • Coordination with federal flood mitigation grant programs
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1 • Integration of foodplain management concepts and tasks into multi jurisdictional local
2 mitigation strategies developed by counties and municipalities
3 • Participation in maintaining the State Enhanced Hazard Mitigation Plan and planning process
4 • Consultation with State agencies on state-owned facilities in special flood hazard areas
5 • Training of local foodplain managers and building officials, in partnership with the Florida
6 Floodplain Managers Association (FFMA)
7 • Coordination with the Florida Dam Safety Program
8 • Partnerships with federal, state and local organizations pertinent to foodplain management
9
10
11 In 2012, State Floodplain Management Office developed a Model Floodplain Management Ordinance
12 for communities,written explicitly to rely on the flood provisions in the Florida Building Code. FEMA
13 approved the Model Floodplain Management Ordinance in 2013.
14
15 Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the
16 minimum NFIP requirements for buildings and structures. Nearly all Florida communities administer
17 local floodplain management ordinances that are written to rely on the FBC to meet the NFIP
18 requirements.
19
20 Over the past 10 years,DEM has worked with nearly all of Florida's 468 NFIP communities to transition
21 to the Model Floodplain Management Ordinance, providing assistance, to tailor the model as
22 appropriate for each community. At this time, 10 communities, including Monroe County, are still
23 preparing the required amendments to their existing regulations.
24
25 Amendments to the County's Floodplain Management Ordinance (Ch. 122 of the Land Development
26 Code) are necessary to be consistent with FEMA provisions, incorporate DEM's Model Floodplain
27 Management Ordinance and to continue to fulfill the NFIP requirements. Additionally,the update will
28 allow the County to continue to meet and improve the requirements and activities of the Community
29 Rating System.
30
31
32
33 The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages
34 communities to establish sound programs that recognize and encourage foodplain management
35 activities that exceed the minimum NFIP requirements. By conducting mitigation and outreach activities
36 that increase safety and resilience,including CRS credits for regulating to higher standards, communities
37 can earn credits and discounts(up to 45 percent within the Special Flood Hazard Area)on flood insurance
38 premiums for property owners.
39
40 In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk
41 resulting from the community's efforts that address the three goals of the program:
42 1. Reduce and avoid flood damage to insurable property
43 2. Strengthen and support the insurance aspects of the National Flood Insurance Program
44 3. Foster comprehensive Foodplain management
45
46 A community accrues points to improve its CRS Class rating and receive increasingly higher discounts.
47
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I The CRS uses a Class rating system that is similar to fire insurance rating to determine flood insurance
2 premium reductions for residents. CRS Classes are rated from 9 to 1. Today, most communities enter
3 the program at a CRS Class 9 or Class 8 rating, which entitles residents in Special Flood Hazard Areas
4 (SFHAs) to a 5% discount on their flood insurance premiums for a Class 9 or a 10% discount for Class
5 8. As a community engages in additional mitigation activities, its residents become eligible for increased
6 NFIP policy premium discounts. Each CRS Class improvement produces a 5% greater discount on flood
7 insurance premiums for properties in the SFHA. CRS Class changes occur on April 1 and October 1 of
8 each year.
9
10 Monroe County has achieved a Class 3 rating in the CRS, which provides a 35% discount on flood
11 insurance premiums and in April 2022, will increase annual savings for 14,400 policyholders in
12 unincorporated Monroe County to $7.5 million dollars annually. This is an annual average savings per
13 policyholder of$522. Cumulatively to date, Monroe County has saved policyholders over $24 million.
14
Year C 'S N /%Discou nt g Savings 8al SaiN itlIgs Cumulative Savings
NIFIP tO t 1617' laiss6 2n 2661 6 710i 1346799670
6,166,261 ' 11, 36,16
12.4
16 0 1m 11 2 6 month !Class S126 171 6 s 6 227 1 1 '
�GRAND ToYAL
PROJE ED ANNUAL SWINGS
1/2022- 1 20231 CAS Class, /3 7, 42,,2; 36,66 ,s 6
15 VVd0 A a dgx"a mad�w o o& c(m '16 NII,lP'P a hcx,,,i
16
17 Class 5 or better communities go through the full verification process every 3 years, and Monroe
18 County's next verification is anticipated in 2023. For CRS purposes, FEMA and the FEMA CRS
19 contractor(ISO/Verisk)rely on DEM to advise whether local regulations are compliant. It is critical for
20 DEM to deem the County's Floodplain Management Ordinance compliant in the future.
21
22
23
24 FEMA Flood Maps
25
26 On December 27, 2019, FEMA issued Preliminary Flood Insurance Rate Maps (FIRMS) and a Flood
27 Insurance Study (FIS) report for Monroe County, FL. The preliminary FIRMS were released after a
28 multi-year study of Monroe County's coastal flood risks. The current County FIRMS are based on 30-
29 plus-year-old studies.
30
31 The Preliminary FIRMS can be viewed here: https://www.monroecounty-fl.�zov/1151/New-Preliminary-
32 Coastal-Flood-Maps.
33
34 Coastal Flood Maps, otherwise known as Flood Insurance Rate Maps (FIRMS) are used to determine the
35 minimum elevation needed for construction to reduce the chances of flooding, as well as construction
36 methods required in certain zones.
37
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I The County hired a consultant, Woods Hole Group, to analyze how flood risks are changing in
2 Unincorporated Monroe County based on the FEMA provided studies using updated information and
3 the best available science and technology.
4
5 During the week of January 27, 2020, FEMA held community meetings throughout the Florida Keys,
6 offering the public an opportunity to view and comment on the proposed preliminary FIRMS. Following
7 this, Monroe County,through its consultant, examined the maps and the accompanying Flood Insurance
8 Studies.
9
10 The consultant, Woods Hole Group, completed a review of FEMA's December 2019 RiskMap study for
11 Monroe County. The review identified the following primary areas of concern identified with FEMA's
12 Risk Map study:
13 1) Storm Climatology and Selection for Florida Keys,
14 2) Statistical Analysis of Storm Sets, Low-Frequency Water Levels and Waves,
15 3) Wave Model Validation,
16 4) Hydrodynamic/Wave Model Mesh Resolution,
17 5) Hydrodynamic/Wave Model Parameterization of Reefs, and
18 6)Number and Location of Coastal Transects.
19
20 These areas of concern were identified because of (a) the use of a non-standard approach, (b)
21 inconsistencies in methodology with other FEMA Coastal Risk Map studies, (c) discrepancies between
22 the study's documentation and the analyses, or(d) errors made in the analysis.
23
24 Information on the consultant's review can accessed here: https://www.monroecouniy-fl.gov/1151/New-
25 Preliminary-Coastal-Flood-Maps.
26
27 FEMA issued the required notices in the Federal Register and local newspapers for the FIRMS and a
28 Flood Insurance Study (FIS) report for Monroe County, FL. The 90-day appeal period for Monroe
29 County commenced on March 19, 2021 and ended on June 17, 2021.
30
31 Monroe County submitted its appeal of the preliminary FEMA Flood Insurance Rate Maps and Flood
32 Insurance Study on June 11, 2021. The appeal is ongoing.
33
34 Once FEMA reviews and processes all appeals, the agency will issue a Letter of Final Determination
35 (LFD)and publish the final FIRMS. The County anticipates the appeal process may take until December
36 2022 to complete and, if necessary, the Scientific Resolution Panel may process may take until 2024 to
37 complete.
APP&AI, PROCESS 1`,rtAP
TIMELINE ADOPTION
(a p rioxlirraarak
A May April December
APPEAL 2021 2022 2022
SRPPR(10ESS MAP
TIMELINEADOPTION
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39
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I The County anticipates the Final FIRMS will most likely become effective sometime in 2022-2024.
2 When FEMA issues a Letter of Final Determination(LFD),which is a letter to the County that the
3 updated FIRM will become effective in 6 months,the County must formally adopt the FIRMs and
4 must adopt a compliant floodplain management ordinance by the map effective date to remain a
5 participant in good standing in the NFIP.
6
7 Along with the adoption of the Final FIRMs, the County will need make updates to both the
8 Comprehensive Plan and Land Development Code and Code or Ordinances to adopt and implement the
9 maps and ensure compliance with the DEM Model Floodplain Ordinance. The County must begin
10 processing County amendments to the Comprehensive Plan and Land Development Code in
11 advance, due to the County's public noticing and meeting requirements as well as the required
12 State review and approval process for Areas of Critical State Concerns, to meet the 6-month
13 deadline.
14
15 Additionally, when the Final FIRMs are effective, the County will use the FIRMs to review building
16 permits; establish what a finished floor elevation needs to be and determine building and site design
17 requirements to reduce future risk of flooding. New lender requirements may go into effect along with
18 flood insurance requirements, as well as changes in flood insurance rates as a result of map changes.
19
20 It should be noted that the County's proposed amendments to Ch. 122 of the Land Development
21 Code(the County's Floodplain Management Ordinance)do not"automatically adopt"any revised
22 FIS and/or FIRMs when FEMA issues the Final effective products. The County will have to take
23 legislative action when the LFD is issued to formally adopt the FIRMs, FIS and any other
24 necessary amendments to ensure a compliant floodplain management ordinance (i.e. update the
25 date reference within the Code).
26
27 In summary, the County is proposing the following connected amendments:
28
29 • Update Land Development Code Chapter 122 to be consistent with the State of Florida (DEM)
30 Model Floodplain Management Ordinance, include updated FEMA policies, explicitly to rely on
31 the flood provisions in the Florida Building Code and to eliminate obsolete or unnecessary
32 regulations.
33 o Amendments does not include any updated FIRM maps. Maintains the 2005 FIRMs.
34 o Amendments to Land Development Code Chapter 122 are critical for DEM to deem the
35 County's Floodplain Management Ordinance compliant with NFIP requirements and for
36 the County's next CRS verification.
37 • Update Code of Ordinances Chapter 6 to be consistent with the Florida Building Code and adopt
38 amendments for local higher floodplain standards, including:
39 o Shifting local higher floodplain standards from Chapter 122 to Chapter 6 (for example:
40 299SF downstairs enclosure limitation and foundation requirements [anchoring to rock]).
41 o Including technical amendments to the Florida Building Code for additional local higher
42 floodplain standards (for example: elevation certificate requirements).
43 o Amendments to Code of Ordinances Chapter 6 are critical for DEM to deem the County's
44 Floodplain Management Ordinance compliant with NFIP requirement and for the
45 County's next CRS verification.
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I • Amend the Comprehensive Plan and Land Development Code to provide for an increase to the
2 maximum height of residential buildings,which would be available on the adoption and effective
3 date of updated FEMA Flood Insurance Rate Maps.
4 o The County is considering a maximum height limit of 40 feet(up to a maximum of five
5 (5) feet above the 35-foot height limit) in order to elevate to or maintain the required
6 elevation based on the Florida Building Code.Revisions shall not result in a new building
7 or a substantially improved building or a lawfully existing building to exceed a maximum
8 height of 40 feet.
9 o Amendment intended to address additional difference in elevation due to a change in the
10 updated FIRMS requiring the use of North American Vertical Datum of 1988 or NAVD88
11 (on average there is -1.5 foot conversion), potential increased base flood elevation
12 requirements with the updated FIRM maps, and changes in construction requirements
13 based on revised base flood elevations.
14 • Amend Land Development Code Chapter 138 to require applicants to submit plan revisions to
15 prior to permit issuance, demonstrating full compliance with the current Florida Building Code
16 and the updated FIRM maps, for permits requiring an ROGO/NROGO allocation.
17 o Establishing that all applications in or entering into the ROGO system on or after the
18 effective date of the updated FIRMS, shall have the application scores reevaluated and
19 updated based on the updated FIRMS.
20
21
22 On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with
23 maximum sustained winds of 130 mph and flooding occurred in various neighborhoods. Hurricane Irma
24 caused significant damage throughout the Florida Keys, particularly to structures built prior to the
25 upgraded Florida Building Code adopted after Hurricane Andrew, to non-elevated structures and to
26 mobile homes.
27
28 To provide additional protection to residents that reside in mobile homes in flood hazard areas, reduce
29 the repeated impacts by flooding, and enhance public health, safety and welfare, the County already
30 adopted an amendment to eliminate the ability for a mobile home to be placed at an elevation below base
31 flood elevation.
32
33 Further, the County has embarked on proactively assisting property owners with voluntary elevations
34 through FEMA funded grant programs. Property owners may self-fund improvements to their homes to
35 elevate above base flood levels and there may be additional funding opportunities with the County
36 participating in several grant programs to provide for the mitigation of flood risks, such as:
37 • FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures
38 • Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk of
39 flood damage
40 • Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes
41
42 When participating in some of these grant programs for elevation projects, the Florida Division of
43 Emergency Management(DEM) is encouraging at least three feet above Base Flood Elevation (a 3-foot
44 freeboard for residential buildings and structures). The grant scope of work reviews and the County's
45 ongoing efforts to utilize these grant programs, including the additional elevation, further facilitates
46 reducing the risk of future damage, hardship, loss, or flood damage within the community.
47
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1
2 The subject of this staff report is the proposed amendment to update LDC Chapter 122 Floodplain
3 Management to be consistent with the Florida Division of Emergency Management,Bureau of
4 Mitigation, State Floodplain Management Office's model floodplain management ordinance.
5
6
7
8 Community Meeting and Public Participation
9 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on December 2, 2021,
10 at 5:05pm, to provide for public input. There were six (6) attendees and five (5) County staff members.
11 In general, the comments provided for the proposed amendment, are summarized below:
12 • Question regarding substantial improvements and the scenario/types of improvements that
13 required elevation to the new design flood.
14 • Concerns regarding requiring 3ft of freeboard and this requiring a substantial number of
15 properties to be reviewed for substantial improvement/substantial damage concerns.
16 • Question of how the 35% insurance discount, derived from CRS participation, is applied.
17 • Question regarding the establishment of buoyancy calculation requirements for swimming pools
18 (note, this is not related to any proposed amendment).
19 • Question regarding the 299ft enclosure limit requirement.
20
21 A supplemental Community Meeting was held on January 20, 2022, at 3:00pm, to provide for public
22 input. There were six(6) attendees and 10 County staff members. In general,the comments provided for
23 the proposed amendment, are summarized below:
24 • Question regarding swimming pool designs under houses(note,this is not related to any proposed
25 amendment).
26 • Question regarding fill in a V zone and about shoreline protection features and altering shorelines
27 in a V zone.
28
29 A second supplemental Community Meeting was held on February 3, 2022, at 5:05pm, to provide for
30 public input. There were four(4) attendees and five (5) County staff members. In general, the comments
31 provided for the proposed amendment, are summarized below:
32 • A comment on the proposed foundation requirements in Ch. 6 to modify"geotechnical engineer"
33 to "a licensed engineer" and question regarding the source of the "minimum embedment of 3
34 feet" requirement.
35 • Comments regarding maintaining the 299ft enclosure limit requirement.
36 • Comments regarding at-grade pool requirements (note, this is not related to any proposed
37 amendment).
38
39
40
41 Development Review Committee and Public Input
42 On February 22, 2022, the Development Review Committee (DRC) held a virtual meeting to review
43 the proposed amendments and receive public input.
44
45
46
47
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I Planning Commission and Public Input
2 The Planning Commission considered the proposed amendment at a regular meeting on March 23,2022,
3 provided for public input and recommended approval (Reso P10-22).
4
5
6 Previous County Action
7 Ordinance 002-1973, platting regulations which included minimum floor elevations for structures, adopted in
8 1973. Based on this ordinance, FEMA considers June 15, 1973, the effective date of the initial floodplain
9 management regulations of Monroe County.
10
11 Ordinance 002-1974, amending Ordinance 02-1973, adopted June 18, 1974.
12
13 Ordinance 003-1975, adopting floodplain management provisions, adopted March 25, 1975.
14
15 Ordinance 008-1977, amending Ordinance 03-1975, adopted March 22, 1977.
16
17 Ordinance 012-1979, requiring that in all cases where deed restrictions of record authorize the first floor of
18 buildings to be at a height which is lower than the building height required by the flood ordinance; the first floor
19 elevation required by the flood ordinance shall become the maximum elevation permissible for the first floor of
20 all structures in said residential subdivisions, adopted May 22, 1979.
21
22 1pu-du iancc 030 1983, crcathis, I'lo d ICparard p)W'6ct p)CNdop mcnt proNku ons 161- dcNdopment Wuthhl are"'Is Of
23 sgccu..p flood hazards, wuq.hhi Chapter 6, B uu dhigs and Construcq.on' Of the Monroe County Code 01 01-d.i fiances,
24 adopted NoN c,mbe-yip, 1983.
25
26 p;pu-duuiancc 005 1984, amcndhig pprdu fiance 030...1983, adopted.January p, 1984
27
28 Ordinance 033-1986-adopting the 1986 Comprehensive and Land Development Regulations,including Division
29 6,Floodplain Management Standards, containing requirements for floor elevation and floodproofing certification,
30 21-day establishment of floor elevation and floodproofing certification,the flood insurance study of December 1,
31 1983 and the flood maps, standards for issuing permits and a 299sf enclosure limit, adopted October 3, 1986.
32
33 Ordinance 014-1988, amending the floodplain management provisions, adopted February 16, 1988.
34
35 Ordinance 015-1989,amending the floodplain management provisions and adopting the special flood hazard areas
36 identified by the flood insurance study of December 1, 1983 or the most current[flood] maps approved by FEMA
37 maps, adopted June 6, 1989.
38
39 Ordinance 015-1990, amending the floodplain management provisions, including manufactured homes to be
40 placed on 36 inch piers, and the special flood hazard areas identified by the flood insurance study of October 17,
41 1989 or the most current[flood] maps approved by FEMA maps, adopted April 18, 1990.
42
43 Ordinance 002-1994, amending the floodplain management provisions, adopted January 18, 1994.
44
45 Ordinance 039-2000, amending the floodplain management provisions, adopted July 26, 2000.
46
47 Resolution 080-2002, committing to implementation of the Inspection Procedure (FEMA developed Pilot
48 inspection procedure) for the reinediation of non-compliant buildings and preparation of a remedial plan, adopted
49 February 13, 2002.
50
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I Resolution 115-2002, approving the County developed Flood Insurance and Inspection and Compliance
2 Implementation Plan, including the downstairs enclosure compliance program, and transmittal to FEMA, adopted
3 March 20, 2002.
4
5 Resolution 187-2002, approving a revised Flood Insurance and Inspection and Compliance Implementation Plan,
6 addressing structures more than 4-years old, and transmittal to FEMA, adopted April 17, 2002.
7
8 Resolution 397-2002, adopting a plan and procedures for authorizing a time extension for eligible non-compliant
9 structures used for affordable housing, adopted September- 18, 2002.
10
11 Resolution 152-2003, approving a revised implementation plan for the Flood Insurance and Inspection and
12 Compliance Program (Remedial Plan), adopted April 16, 2003.
13
14 Ordinance 037-2003, reorganizing and amending the floodplain management provisions to address the Monroe
15 County Flood Insurance and Inspection and Compliance Program approved by FEMA,adopted October 15,2003.
16
17 Ordinance 005-2004, amending the electrical and mechanical equipment standards for issuance of building
18 permits in areas of special flood hazards, adopted February 18, 2004.
19
20 Ordinance 025-2004 amending the enclosed area standards for issuance of building permits in areas of special
21 flood hazards, adopted August 18,2004.
22
23 Ordinance 001-2009, reorganizing and re-codifying the County Code, consisting of Chapters I through 146
24 (removing reference to Code Section 9.5), adopted January 28, 2009.
25
26 Resolution 440-2011, approving a 2011 implementation plan for the Flood Insurance and Inspection and
27 Compliance Program (Remedial Plan), maintaining regulations adopted pursuant to Resolution 152-2003 and
28 direction to create the certificate of compliance program, adopted on December- 14, 2011.
29
30 Ordinance 0 10-2012, amending the floodplain management provisions and creating Section 112-7 the Floodplain
31 Certificate of Compliance Program, including the requirement for non-conversion agreements, adopted May 16,
32 2012.
33
34 Ordinance 015-2012, amending the floodplain management provisions, including specific reference to the areas
35 of special flood hazard identified by the FEMA February 18, 2005 [flood] maps, and creating Section 122-8 the
36 Permit Referral Process (PRP), as a result of the 2011 Settlement Agreement for a 1990 lawsuit against FEMA
37 claiming lack of consultation with USFWS pursuant to the Endangered Species Act, adopted June 20, 2012.
38
39 Ordinance 043-2013, amending the floodplain management provisions Section 122-2(b)3, the basis for
40 establishing special flood hazard maps, species assessment guides (SAGS) for the Permit Referral Process (PRP)
41 determinations,providing a new date for the revised Species Assessment Guides, adopted October 16, 2013.
42
43 Resolution 193-2014, approving a 2014 implementation plan for the Flood Insurance and Inspection and
44 Compliance Program (Remedial Plan), maintaining the inspection on transfer-, 299SF enclosure maximum,
45 certificate of compliance program, existing Ch. 122 regulations(to be compliant with federal regulations) and the
46 inadvertent observation of illegal structures below BFE, and documenting the Pilot Inspection Procedure
47 concluded July 1, 2013, adopted August 20, 2014.
48
49 Resolution 223-2015, adopting FEMA Technical Bulletin 0 User's Guide, dated March 2009, adopted
50 September 16,2015.
51
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I Resolution 224-2015, adopting FEMA Technical Bulletin I Openings in Foundation Walls and Walls of
2 Enclosures, dated August 2008, adopted September 16, 2015.
3
4 Resolution 225...2015, adopting FEMA Technical Bulletin 2 Flood Darnape.-Resistant Materials Requirements,
5 dated August 2008, adopted September 16, 2015.
6
7 Resolution 226...2015, adopting FEMA Technical Bulletin 3 Nonresidential Floodproofing Requirements and
8 Certification, dated April 1993, adopted September 16, 2015.
9
10 Resolution 227...2015, adopting FEMA Technical Bulletin 4 Elevator- Installation, dated November 2010,
11 adopted September 16, 2015.
12
13 Resolution 228...2015, adopting FEMA Technical Bulletin 5 Free-of.-Obstruction Requirements, dated August
14 2008, adopted September 16, 2015.
15
16 Resolution 229...2015, adopting FEMA Technical Bulletin 6 Below.--Grade Parking Requirements, dated April
17 1993, adopted September 16, 2015.
18
19 Resolution 230...2015, adopting FEMA Technical Bulletin 7 Wet Flood proofing Requirements, dated December
20 1993, adopted September 16, 2015.
21
22 Resolution 231-2015, adopting FEMA Technical Bulletin 8 Corrosion Protection for Metal Connectors in
23 Coastal Areas, dated August 1996, adopted September 16, 2015.
24
25 Resolution 232...2015, adopting FEMA Technical Bulletin 9 Design and Construction Guidance for Breakaway
26 Walls, dated August 2008, adopted September 16, 2015.
27
28 Resolution 233...2015, adopting FEMA Technical Bulletin 10 Ensuring that Structures Built on Fill in or near
29 Special Flood Hazard Areas are Reasonably Safe from Flooding, dated May 200 1, adopted September 16,2015.
30
31 Resolution 234...2015, adopting FEMA Technical Bulletin I I Crawlspace Construction, dated November 200 1,
32 adopted September 16, 2015.
33
34 Resolution 240...2015,adopting FEMA Technical Bulletin 467...1 Elevation Certificate, dated May 2004,adopted
35 September 16,2015.
36
37 Resolution 241...2015, adopting Florida Division of Emergency Management Technical Topic Guidance for
38 Pools and Outdoor 1�,'-itchens/Bars in Flood Hazard Areas, dated November 20 10, adopted September 16, 2015.
39
40 Resolution 242...2015, adopting the Monroe County Elevation Certificate Review Process, dated October 1, 2015,
41 adopted September 16, 2015.
42
43 Resolution 243...2015, adopting the Monroe County Floodproofing Nonresidential Structures Permitting and
44 Inspection Requirements, dated October 1,2015, adopted September 16, 2015.
45
46 Resolution 244...2015, adopting the Monroe County Pool and Cistern and Accessory Equipment Location in
47 Special Flood Hazard Areas Policy, dated October 1, 2015, adopted September 16, 2015.
48
49 Resolution 245...2015, adopting the Monroe County Substantial Improvement or Substantial Damage (5010 Rule)
50 Application and Affidavit Policy, dated October 1,2015, adopted September 16, 2015.
51
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I Resolution 246-2015,adopting the Monroe County V.-Zone Certification and Calculations Documentation Policy,
2 dated October 1, 2015, adopted September 16, 2015.
3
4 Ordinance 006-2016, adopting the updated Land Development Code, implementing the 2030 Comprehensive
5 Plan, maintaining Chapter 122, the floodplain management provisions and amending the floodplain variances
6 procedure to be conducted by the Division of Administrative Hearings (DOAH), adopted April 13, 2016.
7
8 Ordinance 024-2017, amending the standards for issuance of building permits in areas of special flood hazards,
9 adopted November 14,2017.
10
11 Resolution 254-2019, adopting FEMA Technical Bulletin 0 User's Guide,dated July 2019, adopted September
12 18, 2019.
13
14 Resolution 255-2019, adopting FEMA Technical Bulletin 4 Elevator Installation, dated June 2019, adopted
15 September 18,2019.
16
17 Resolution 256-2019, adopting FEMA Technical Bulletin 8 Corrosion Protection for Metal Connectors in
18 Coastal Areas, dated June 2019, adopted September 18, 2019.
19
20 Ordinance 021-2020, amending Section 122-4(b)(4) to eliminate the ability for a manufactured/mobile home to
21 be placed at an elevation below base flood elevation, adopted on July 15, 2020.
22
23 Resolution 440-202 1, adopting FEMA Technical Bulletin 9 "Design and Construction Guidance for Breakaway
24 Walls Below Elevated Coastal Buildings"dated September 2021, adopted on November 17, 2021.
25
26
27 111. PROPOSED COMPREHENSIVE PLAN AMENDMENTS
28
29 Proposed Amendments are shown with deletions st+iekefi t4r-e and additions are t,videflin-e-d..
30
31 Sec. 101-1. -Definitions.
32
33 The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed
34 to them in this section, except where the context clearly indicates a different meaning:
35
36
37 4pea hHERP-4 Opea mea-fts t4e la*d stibjeet to a e*e pefeefft of gFeft+ef ehft-fte
38 flee ding in any given year-.
39
40
41 Uipe,414,4;111,61�, wa& mea-fts walls of a-fty ee*stf+tetie* i*te*ded to eeilapse t1fldef stfess W44
42 jeepar-dizing t4e stmettir-al s"pet4 of the stmettir-e so t4at t4e impaet oft the stmetar-e by abner-mally h�g4
43 tides efwi*d dfi-,,e*wa+-
44
45
46 44-evo-4-e-4 bHi"ii-g mea-fts a btfildi*g tha+ has its lowest floof faised above t4e gFetifld level b-),
47 fatmdation walls, shear-walls, posts, pier-s, pilings, or-eeltifnns-.
48
49
50 94�",hes-� a6#aeeii� g-pade mea-fts t4e highest *attffal e1e-,,a+ie* of t4e gFetifld stfffaee, pfief
51 eenstmetion, ne*t to t4e pr-opesed wails of a stmettir-e.
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3 Aqwes.�fiHqp mea-fts �he lowest e*elesed afea (i*eIttdi*g baseme*t) of a stf+iettife. A* tt*fi*ish
4 flood r-esistant efielestir-e, tisable solely f9r- par-king of vehieles, ktilding ffeess, or- area
5 e�hef�ha* a baseme*t afea, is*et ee*sidefed�he btfildi*g's lowest fleef,pfevided thft+Stfeh effelestffe fis
6 not ktilt so as to r-ender-t4e stmettir-e in viel4ien of t4e applieable fieneleva ion design 14
7 ehaptef 122.
8
9
10 Market valye n�ean s III e,jr1ri Ce at wh i Ch a PE�)Jrjg -Efli -.jLids between a willi bij er and a_g�j�,_ ---------11-g_
---------------------------------------- ------------------------- ---- ---------------------- �___ Y-------------
I I will se ler I to blJy sle'll, or o-filen-Wise transfer� and bofli having,
im 1- '-f-e ---------------------------- ------------------------------------ --------------------------
12 reasonable kir(,��tgjt� I
----------------------I
13 market vafi..ue o bt,� Idin and strtwtt,� (n, i:iI
"L, � h�!Lfi _ails_ land and flier
-------------------------- ------L--------------------- ------------o---------LIIUHLK�
14 M- -a-r-k--e--t---v-a-fi--j-(-_m-a-y__bg---e--st--a--b----s-h-e-d----Vdy__j-,-I uajj�jfje-d---c--e--r-l-i-fie-d--!I-T-de e _(I It x_,asa2sP sa-l-ss-lc-1,--A-t--c-t-t-m---l--Cd-a-sh----V-ah-,u-e
ojr21------------------- tq!j�J__Y--------------t _�21------ -----e----- ----- va-h-- a--- ijst�A —,15 0 d -eciated a � � j ofCons - �!�Lj� ta - s - ------ e--- ,i---- y
sa'
16 tj,� -.-Ipjr nimate market valije, A ijr6forM -.-Ipjr jisal rgjp�lq , ,-� 11jalified
---------- - -------------------------------------------------------- ---------- _PEg m_ i_ i
17 c e r Ij I j e(I i n(I c sijbinitted_by -Ltj� a''.�1'.1ticant may if"Ole FL lain Administrator
---------------------- --------------------------- --------------- -- ------------- -------------------------------
18 Considers, slj 11 1 (:I I gjt�,-�tt C clisal Consistent wi-fll ](:)Cal Consti-tw-fion Costs, A stnjojjre or bLIJI(fir )'t y
------------------------- �L -----------------------------------------------------------------------------------------------------------------Es------
19 or bt,�ilt as a-vel ic e shall exch,�sivejy , �� by Kel ey Bft,�e Book or a
------------------------------------------- ----- ------------------------------- ---------------]�j- ------ --------I-- _Bftu y_�.
C�4AI A-a ][ jisal, ajlq��� ons"Ll-go,jon Costs sijbinitiled b a owner to
2 mL ----------:------------------------- T j g�Egp
---- ---- ---------------------------------------------- ---Y___ . -ELY--- -----------
21 o ie I I lain Administrator mt,st be sa,�bndtted in the form of"a swoni or attested aff"i(hivit that shall be
-----�,_L -----------------------------------------------------------------------------------------------------------------------------------------------------------
22 bq ---------------------------------------------------------------
gs�� - _j knowl e ofthe certif i affiant and mt,�st be notarized, Where -.j! I
Y jLlz
a be inconsistent with ](:)Cal Constrtwti :)n StS, I 23 i�ll-ri(2-�.-ac-cc.�ll-�,c.�(i--bc.�-c-ai..�-�,,c.�-i'�I---12.0-111LISLILL --C(:) ay
24 1,revie -by e dtfl at,ollorized I"he Cost of sawll�w �ndent third 11, II.Y af Ili S , 21� ",I 'Y
- ---------------- _jt��jg 2e-------------------ME ----IWI_ ---E------Y--------------------by-- -i _�tn�----------------------------------
25 in b( rne b -fj e ap t, The revi W'TI a ) )Taiser shall determine if" -flie
---b.e-----2---------- i--- j..jtj c an - EAL M-1 illlabiser sha
�.-jf �Cts ar a )prjate market valije of flie sti-twl't've, The re le Ing ig-t]e---------- ----ML� ------------------------------------------------------------------------------K---
27 aisen's determination mt,�st be in i I n and shall be swoni or attested o
01M-----------------------------------------------------W12111-19-----_________--_________--_________-_________----
28 rt�yj(le that JI, is, basc(I on the-ceftil' in affja,nt'�; a,n(I musq be nollarize(I.
-------------------------------------------------- ---------y---�2 j-- -------------- ------------------------------------------
29 isa T,
views__shal _be_r��Jt i c _to ess Certifications, as
----- -------------a -------I- ---- --�� g_1---- -----jr;2�2�_�----_________--_________--_________
30 state Certified residential a praisers-for-a ral"'Ing 1�� to foljr 1"imily n"id ��n I a] and s.uite
-P ---- - -- --- -- - _gL
-------------------------------------------- - --------- ----------------------- ----- ------------------------
31 cerlified C txfir men jal and for all_ -------�y Com -C
-------------- ---------------------- ------ riiuu-ar
an S, X 01 1 la gn Ij i I i)p-aj al_njil at� � tra -d' a�sa, ption fliat a b (ing sti-twtiji-e was as�jti_g
---- --------- --- -------------L--!Y- -------------------
----------- ----------- ----------------------- --- ------------
33 (:if a dat ior to a flood event nor a re,
�LPL done
------------------------ ------
34 <i&111<1 le flood eve L�)
UPLIIH-110 fj T _jtIc�tt-b � �jj ible for consideration or refief A bijild' or stnjCtt've I'llat
------------------------- -9------------------------------------------------------------------!!is-----------------------------
35 was never law J] ...f.,��ji]jtted in -file first shijj efigib �� - issamnCe of _1 -1 IL I L 2i.
-------------------------- --------------------------------f.l ------ -IL-j"ol------------------------�� _ML L__
36
----------- - ----------
37
38
39 National Geodetic Vertical Datum ew I NGVD 2(
---j is a vertical control, as corrected in 1929,
40 used as a reference for establishing varying elevations wit4i*t4e flee4lai*.
41
42
43 North American Verfic / Dat in o I
�i, � verlical Control da-unn es-uibfished in
-------------------------------------- --------- e----------------------------------------------------------------
44 119911 t,�sed as a reference for establishiM v<blyrn elevations,
-------------------
45
46
47 �kl arey n ean s fli e I an d slj, e, I to_a_on J��n'Cerlt or-gi-eater Ch an Ce o I" II oodi TI I TI
------- -- ------ -------------- ----------------------------------------
48
49
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I Substantial improvement means any repair, reconstruction or improvement of a structure, the cost
2 of which equals or exceeds 50 percent of the pre-destruction market value of the structure, as dete- in-,,a
3 , either before the improvement or repair is started, or if
4 the structure has been damaged and is being restored, before the damage occurred. For the purposes of
5 this definition, substantial improvement is considered to occur when the first alteration of any wall,
6 ceiling, floor or other structural part of the building commences, whether or not that alteration affects
7 the external dimension of the structure. The term does not, however, include either:
8 (1)Any project for improvement of a structure to comply with existing state or local health, sanitary
9 or safety code specifications which are necessary solely to ensure safe living conditions; or
10 (2)Any alteration of a structure listed on the National Register of Historic Places,the state inventory
11 of historic places, or any inventory of local historic places.
12
13 ,
14
15
16
17 .
18
19
20 Watercourse means a channel, canal or streambed, either natural or manmade, which is involved in
21 the accommodation of w<r:aer flees.
22
23
24
25 Chapter 122 FLOODPLAIN MANAGEMENT
26
28
29 Sec. 122-1. 1,"Yener al.
30 (t w ��1NtW i uu�<bd is 'hall be kiriowri as _ie A /ooc slain—��c���c���>��r�>�r� Orlin nce o S�oriro
31 M"lllrll�y r ll_ulral ll r ref'(rrrrl_l] to�u a,M"this_l_hlarl' JJ
32 (11) ,1111 l h �u� , o6 a <b2�a <b�� <bl � a d a� <b � v �1�uu�a a <ba ➢��w ally
.
33 l d:rlyl_allly 6 lull ilaleab i_<b <bm _� ���uu , �2 �euua �� g � u � ae _o a��e sijbdjv �,iorl o I D(-„__dillE
li r asideurullla, <lu i uudr�r r ua,d l�<ldrur ua, Gr MaadrVVr dru:r u a It rald orru r�_rr�G:hdelifi C M�atl C �C Md 34 urd _r rovemerrd
35 atl_dbG:h M o ��(�C� oli-f orM Gb� -YVVb� b M `a `adaVVa dVVaC`a atl M- �atla b�bdbC_`a d atld_atla<m
36 C_x a from flle P'h i
37 and rll<b ill,d<ba du�l��ribu_uil& I �_�irlst'illa-fiorl �)1 1�_l�lab,a emend did a�b�riks' ���abi����� �a__�id lea rea-fiorial veilia_l�_`�.,.
38 lrrlst'illalfiorru of swim��_u_uu1 21�11:1➢1, <b lli <u uy lla l l vl lll�lull. lla.
39 Ill lluulllll ,l uld d 1, 1 <blld l `,1<b�� bl 1lld l ll d lj �uur luu�<bdly 7 ud lld , uurIteri
40 arld
shall b da k rri rrMdG� atla a GbVV Md aatl Md(°�i `aVVbs atllroia l ��m1ej� __atl M�� „V!Jde__a all IrItel)aC datldborls atl1rld
__ _________ _________ _________ ____________!___ __
41 corls rt iorls o flda ,c ia�der, Moriroe � Ity-is, slj L _agtbrl Jrl darM C� los' a
_ tl _ _ GV w � _ _
42 urd' �aGu NC1"Q� ('atl�d atl1rld satln�_C_dy lla zatlrd" �ba"l-L �N iorl of � G:h�C���C e]' C atl1rM��__ GUV(agM ��C Mdatl� ('aVbce�''_
43 l_xa:laulll ull<bly_llu.u��l� xllll_lll,laaul_1s, dual I'lool�_lllote aj_llarl auurll�_1��j_e abuld fll�_lull�ll<bllu�l� u_a_o i_s tax base
44 a s a"lrrl effect_(:a_(:1"JIullllilr alrru_l� flood C vC u" all of"Which it a dvCrs ly ald�C 1 a a ll llluu��ll �llau�air amatl�C d� _atl M��._____ _________ _________ _________ ____________
45 l��Cl r ra�ll ;fir ll� �rl ll l__ lu l 11 a _ll� �l u��_l_hal u�l r'la_aLI. lttjQn is, to ensure conli ull_1I availalllllu� 111°
46 federal l flood irlsanab�ric' d�ll�:�rllll�y ld�l�lr�l l<b��y <b l�j ,dabd� �llulllll ,ll�l� auu�<bdlll� 11�1uulllrllllld , ab ll� dll
47 lllu: ark a__a ll _wl _Nir_Il�e<b a l ,abdl_a '_ablul _ u l<u� 1_�6<bl _ y_llldlurllllel�ri I'loo _ll_labal r�_ll�sse , l�ru,S�Ioruroe
48 ru.uuudl �� r ud rylrydaldrurua, urd aura, rir<u2laCr shall curl all llrurry�l�r rya, alrrul� Cases duurairll ralair�r airalru:
PC Staff Report Page 16 of 77
File#2019-093
5249
obs, t.Ln!c-
-------- --L of.01is, Chu te r, It is, die intent offlie Board of C
---------------------------------------------------------- GbVLnLy
2 --of--fld--s---c-l--a-- )-t--e-m----b-----s-t-r-c--t-ly- --t-o----a-nd-e-n--f-or--c--e-d----n----o-rde--r--_to
3 --
maintain thef,,Q�jqty,�� (�L ,qj�j benefills, ofthe National Hood Insurance PrQ- arn, The- - tj2
---------------------- ----------------------------------------------------------------------------- -1U---------------
4 flie flood load and flood m IT 1111, ts, of -Ole
- - - -------CNIwm
----------------------
5 FlorOci Codc and wi-Olin Monroe Coljnty Code
------------------------- ------------------------ --------- --- ------------------------------------------------------ ......
6 of Ordin ce Clig I � re to arl S, 11 are to establish ndnimt,�
------------------------ ------- ------------------------------------------- -------- - -----
7 sa 1jar jjIle j2!jbIjc- -.ire and to njnjnjzejj!jb d Irivate losses,- ------ --- ----------- ------------------------------------- -lic—an ---------------------
8
9 11) MjDimize of 'en-vice (ft'l , 4 111!gs of
----------------------- - --- ------------------------------- ------------ ------- -----------------MW----L --------
10 1
11 (2) &��qijj-re-flie ijse o I-a P.1[2 M P El 1111i[cl 1iijt p I-a c L I c IT I--o I-d I o p Eg-Y Ll !iE-11 i I T I I I 13-j-z duuoti,r
12
13 (3) ----- - -- ----------
14 (2sljon
----- - ----- - --------------------- -------
15
16 (4) of flood hazard areas and shore fines, to minimize-j1w,
----------------------------------------------------------------------------------------------------------- ------------
17 natt,val and beneficial figictions, of-Ole flood ain-
---------- 4(ii _uratt,
(5) mird n i Z(Ld all ag� i c-an d-111-i-y-ate-1 aci I i ti-e-s-an d-1j1,jJ-j1,1(�,"Ll
19 (6) 1-to][Ijimintain a stable -ujx base-b -provi fing -flie soljrld ljse and devejop!!��Llt -d
------------------------------------------- --y ------- ------------------------------------------- ---
20 a],
21 (7) Mjjiinjze flie need for fljture o pljb� 1, . -lic f1jrlds, for flood control I ects, and resp�,� 1,,,g
isi
-------------------------------------------- ------------- ------------------------------------------TH)i--------------------1. L-
-TIL,
22 to and-]v
23 pgt��Llt I ajhome-bi.� notified fliat Is In a flood hazard mX-111--and
------------ -- ---------- ---- ------------------------- ----------------------------------------I
24 (9( S I d D ii it uuiiiiiii iDi, of-Ole National Flood as
25 set-I-'or-d-I--i-n---I-'i-.0 e-4 4 o d c o I"-1`-c-dc i-a 1 t,O-a--�,i o r i s, S c c i o r I--5-9-2 2,
26 Ler re"Litior a
........................
_foinstiruction and Jint rp!-etatioin. In the ation oftllj� ,cll 11-1,gr a I I JL!!j C, -1-1-1. ........12,L tsl�
27 herein shall be considered as, mir ' -ements and shall not be deemed to forfcJ1--------------------------------------------------------�Hi!I!PLI�-AIIMJ------------------------------------------------------------------------
28 eliminate I I I d c(mdjtj(:)T (� ali , or r� �.-!t -.iLl � 11�2ELLs -L�! It to
------__________---1-1--- ---- ----------- -AIJ----iy --------ul� -�- yL!�,!Igl -j! j!!jL,- L--- ---
29 Florida law,_' s-cl a n �jtl Al"ire of flie residents, of and
-g
------------------- -:�Ke C_lire
visitors, �Igof and
---------------- be --------1'.11 -jig -----I-------
31 i Llti_FJIL�tatlon and constnjction of-Ods, c shall be constrt,ued in 1"iVor of Monroe-Col,.mty, a
----------- ------------------------------------------- -------------------------------------------------------------------- --------- -qllij
32 sawll constrtwtion am i shall be eroiue i a jgt��, in adversarial administra-6ve
----------------------------------- t-wel -------------------------------------------------
33 i i-ba 1ki
34 Deference. The Board of ("(:11inty slativ finds, fliat flie
-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1 1 1-1-1 1 1-1-1-1-1-1-1-1- - -1-1. .. M�............... --MA..................��-Y...................................................
35 constrtwtion of .01is, -",I argg b a ,,, �gqy � �artment or (: 11"i c lal ed with its, administration,
-----------------------------------� -L---y-----1_�j� ---�jq--------------------- - ----I--s------------------------------------------- -36 i � or enforcement shall be I IV Lltjfled to defere I a n d jall-1,in adversarial
-TUICIEM-11�IlLiLl------------------------------------------ --------------------1-cc-�-------- -EL- in advirsarial
administTativC, 02�1,��djn I -.-jppgat, -.jEld that sawli adminis"tra-6ve
------g t-gL--� r
------------------------- -- --- ---- ---- ------------ - ----------------------------------------------
tl on s 'tic(38 i s
Ll hotfld not be modified or overttn-ne(Uy - �,itillinistrative n- or cotn-t
--------------------------------------------------------------- ---------------------------- - ---------------------
39 (: f T1, tn-isdiction t,mjess clearly � , 11" sawll administrative staff lnten,p!!�v—,
2--- ----------------------------------------- --g-L -----------------------------------------------------------
40 and reisonable inter i s, n(:)--cl I and shotfld be
---------- ------------------------------------------
41 a I fi nned,
42 oordination with the Moriely is, intended to be administered and
43 en-forced 1jrl-c-6-on--wifli—fli-e---F for Oci— 111 e I oad--an(L-11-ood--res"i svmn-t
44 constrtw, mts of flie FlorOci ffifildim.�,, Codc shall ]p.f,.�jv -L�! -.-ffl
iLiLEMILien�e a
-- ---------- ------------------------------------------------ ---------------------- --- awa <b in iaoruur ouuii
that are, r -.1-01i 1_gt�y_fl!j��glj�azard area, Where cited in this., cha r ASCT,'
i4< a < iv ------- P-,g,------------
46
47 W`a-in.y-u--Li1fljct between this-chargg- and flie Floridy B?fildil?g�'Ldg,-[,jjg more restrictive is, deemed
-------------------------- ------j. -1---------------------------------------- - ----------------------------------------------
48
PC Staff Report Page 17 of 77
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5
6 I
7
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9
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|0sion-
||
|2
|3 (i)j1fect of State and Fedei-al Laws. 11" 1 st"ite, (:)I- feden-c-d him, I
|4
|5 i
|6 �
|7
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|8
|9
20
2|
22
23
24
25
26
27
28it of -filis, cha them-ex is, held to be invalid oi-
29
30
3| �
32
33 trn i j
34
35
36
.1, llen-ein and is based
37 Ilaym�ELI!A,�i�-,,,an and will occtrl-, Flood I I Ilts, and flood elated b I
38
------------------------
39
40 i
4|
42 and -flie
43
44 1-egqta-fjons to in flle National Flood Insarl-ance In and its,
45
46
47
48si
PC8tuffDuport Page 18oI77
File#20|9'093
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2 his, "hall not be deemed to have waived, for flie cot,v-�: or for its, officen-S, or eMp
3 �
4 i
5
6 Sec, C
7
8 I
9 which this chapt�, ippj� This, flood hazard areas wi-Olin -Ole
|0 -ated areas of Monroe COUT as, established in section 11 22�-2-(��,j
||
|2a in
|3
|4
|5
|6
|7 4 flood hazard areas, Amendments and re isions-b
|8
|9
20 on file at-Ole offices, of-Ole
2| �
22
23 a, spgcjes
24
25
26
27
28
29 i j
30
3|
32
33
34
35
36 be reviewed ij-6fizing, FT-,'1MA/FAVS SAG,, These SAGs are declared to be
37The SAGs, are on file aj, the Monroe C office and the
38 Monroe Coljro,
39 (ij) tipilglission of additional data to estat)fish good hazard areas. To es,- b-,I-,I -I-i-,-,I'I-(, ,i I a,z,a-i- a,-g,a,
40 and base flood elevati(:ns
4| sijbinission of additional da-uj, Where field a
42
43 indicates,
44 (I) AL�-�cjow -Ole cl oSICISIt j�gjjjj I cab]e base flood elevatiorl CIVCM M al,eas not definclated --s' -s )ecial
46
47 (2)
_gbove flie clos, t a pflcable base flood elevatiorl,flie area shall be I t'd asg��cjal flood
48 hazard area 1..mless -0Ie_gjUjtjcant obtains, a Letter of Mju� -emoves -Ole area fi-om -Ole
PC8tuffDuport Page 19oI77
File#20|9'093
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2
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4existing,
5I flie event of a
6
7
8
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|0 sveci
-----------------------------------
I|
|2Id tenns
|3
|4
|5
|6
|7
|8
|9
20
2| i i
22 i iti
23 habitation,-a id mtrst be dCl�,J_gK�it have minimal flood dam"! I'Lial am rl!g�s of accessol
24
------------------------------------------------------
25 i
26
27
-------------------------------------------------------------------------------------
28 an
29 i i
30
3|
32
33j.
34
35
36
37
38 11
39
40
4| 'ill on Cal_12atun Ven-d-c-aIJ
42
43
44
45
46
47
48
PC Staff Report Page 2VoI77
File#20|9'093
5253
| �
2
3 ---e-- inland findt of -Ole coastal A zonej -.j, 'imit of Moderate Wave
Action j
4
5 Coas,tyl h�,,,h &17yrd circy 11�earl s-a s1jr Ilazard area e terldin 4 fi-om (:)I"I"'I'll ore to -Ole inland
6
7 acti
8
9
|0
|| -Ole flood associated J-01 -Ole, ms,
|2 Il Area i
13 a, flood hazard area, on the communijy s, flood hazqr I rnq of, oth erwj sw
|4
|5
|6
|7
|8 Zone AQ� -Ole desljgt� jevation shall be the elevation of flie Ili I ade of -Ole
------------------
|9 -,,,�Jrjed on the flood hazardjn�jp, In areas
20
2|
---------------------
22
23
24 limitedto
25
26 or arly
27
28
29
30 bl!i flood hazard areas, The n-tificate is, revised and reissa,�ed
3| j
32
33
34 of information and elevations, for sl]pL�.,Jfic bijjl,�U .'� in flood Ilazard areas, The 1j"IMA I'llevation
35 Certificate
36
37
38
39 gl-oijnd level by ]�.-jjj( walls,shear wall" j il I s, r Cohnnns,
40
4|
42cc
43
44
45
46 �
47
48
PC8tuffDuport Page 21oI77
File#20|9'093
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7
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9
|0 Il
|| (2)
|2
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|8 Il
|9 (2)
2|
22 Flood las"urcum, Rate Mcu!-L! the
23
24
25
26
27
28
29
30
3|
32
33
34
35
36 CO or other evidence
--------------------------------
37 ecific deveh:j ml-activilicn; that are, Jocatcxl in flood hazard arem, and that are determined to be
38
39
40
4| � on�
42
43
44
45
46 --------------
47
48 IT,
Olil,
PC Staff Report Page 22oI77
File#20|9'093
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3 i
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5
6 hazard ar
7 i
8
9 Place or
|0 C or
|| �
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23time, i
24
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25
26
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33
34 � �
35 Convenier
36
37
38
39 revken,,
40 i
4|
42
43
44 1�,, not located in a ",R �Cjal flood hazard area,
45
46flood hazard area bot,mdarien; and flo(: (wa-
---------------------------------------------------------------------------
47 deli r
48
PC Staff Report Page 23oI77
File#20|9'093
5256
|
2
3
4
5
6
----------------------------------------
7 �
8
9
|0 in be ksa,� b FFNA to revise the eff�ctive FIRM,
||
|2
|3
|4
|5 (I)
|6
|7 (2) i
|8 01,
|9 �3)
20
2| lowest floor of-Ole lowest enclosed area ofa bt,d](fing ch,xiin
22
23
24
25 Code or ASCF' 24,
26
27
28 �
29
30
3|
32 i i
33 i the
34 re uired
35 �
36
37
38
39
40 Mcirket ve.Wric means, tllelj,.�Jce at-which-a -�Lglg 1,.Y will Chan L-� hands, or be transferred between a
4| willi
42
43
44 lerm ^^
45
46 i
47
48 or tax assessment vah,�
---------------------------------------------
PC Staff Report Page 24oI77
File#20|9'093
5257
I <b lLcli ,aI re- 11, w uL-Ijj e(I cerdIje(I - u��� ��u����u�a <b ��;<dse sijbinit ed by tli <b ��icana,
2 1 1L __fed _uu ,e-I__ 6 --the-_Floodvl ain- A—d-njnis-U<b o_ _c_on�,ider,__s,uuc_II__<b712.�Lgj saI__ :n—sistena__ j-.01 _Io al
3 d.°��uMu�,o_ruu� ion �costs, " _stnjc'u.. �_ o D�uui_l��,in ���� �fatty ���<b �uu_6<b�ouu��_��__or D�uuilo__as a ve_ldc](L, shall
4 rx�duuamuvrd�w <_ab1r1� <uua, � D �uud�tieiu� wo �� y 1uu�_ � ook o a N �F A <bl�l)rai al �����uu����u�d<bd���a of
5 i'dt d _ _ t � bj _� ; � i __ _ _ g - p ��,,d �t i ura �s ed � �owner aofi� � l ��� laiAdministratormt st
6 be sa,ubndtt_d in the 1" rm oI` a sworn or attested al"I" avid that shall be—based uu7r 1 n�,��u�al
7 rruduuv4u_d4 r_gudaxd _ ��6 � u <bdd�<b �o:_<b �� uu ,o_Ov _ ��vo<u �e � __ _<b a <bl� � <b ,<b ,uu� o_<u� <l�a _�,_,D �_<buuse
�Catlras dGr dY(' inconsistent with h: atld r Grrr s rr;ur ion �Gu ad a dV�C atl � �I' atl Md ��atl �C� Vu(' ad TC Vb('�%'m/ b atl.8 rd ab _ _ ______--- _________ _________ ______________ w_ __ w____ - _________ ___. __
9 dBUJI.ddduud,_d _ ��du �_u u�x � _ �d d ua_o u�ru4_�CIaddo:v ablu76�u_<u ,c_ _d ly <buua � �e�_��_b th �_g�uun I_lle �_���m_d�_��6_s,u ll
10 uxud�dlud�drd en review shall D��_ bortvv_D��w_ftgg al, fica n _he�_�_v�� i�ur��w<b7pp abi�,�_r shaull determine i6_alle
11 <b1 ��-ab----__— reaso ---y—_----- -----m_-----_<bm1�]r���)��I.lau_o��__���au����_a�_�v<u�uu�__��6 0����__ama�uua o��u�� ��ll�v__�vvivvvivg
12 itl � atlbaaC °aa determination� mt� st b in a written do VV�n� Md `hall be amV'�orn o attested _dG �75 d21�_.
13 C,"r"Dodo a M atlddrab �d ad Md _d, blld_ssl _�bll�kyj4��__1� ailil i_ ,, a,a,,e4l_on 1� �__4_e fti� in afli B al� _aa_ b llaa�k a B < a k d4a _Ty
14 adrrud rruuuamt be no atlruedd , s,_l��v1�<b � a <u � � <b sable, o au � <b.�a,<b� dV� a, a, ab��
15 rdra^sas(asas aura�udua atlau�rrruas as seat rdr.uududd4 residential--a � rratluasr�ras d�rr, atl r rr.arrasjLI 1 on o 1ot' fijildl
16 residential l 1���:� ���a�d , and `'aaba� �en_lid ed �duud;v<b� <b��1��<b�
17 r,"GrrCrtlrCrtlC_rr ratld adrrrd tlVV�d� tlC asb�C'- Mdbatl� Neither an atl � �tlatlbasab� �I�tlatl� ��M � atla7 C �ddatlG:atld�b�Mgtltl tlasasV �tl �dbGaa➢ d��atld ab.
__,_,_ __ ___,_, ___ _ ___ __ _,_ ___ ___,_,_ __ __ ___ ____ _7�______,_,__ __ _ ___ _ __ _ _,_,__ ___,,,, _______ __ _____,_,_,_ ______,_,__.
18 uu �vdu wdrr u,Druud auuuv Was if, as o ab �ood� even no ab �val�:�,
19 ) isal d �wv �eov�)�1du e- g _, __
20 I"or consideration
duff refi _6_ , bi.dI_d� -alvatlo was, fl(Ver lab du_u�ly �-�itted� in l firs,a_1���<b�d
21 �,drall ur�d�o_,D��__efigi�ld__dg�r issou,ab�ru�_d__of'ab_1��_���uio_���_,d vvl��1�11W, II <tl1�7���Eyifl�,.
22 __,
23 Nd>v, constr_aud_ti�;��r_�� earls, I"o a�vd_M1�uu�����,d_a, �vd <bd����vu� ,_araboion ��6__ailism_chabirgg�_and� gll�__flood�_resis.u.-ult
24 a_�rrr s r�u�_d'rLruru r�d uuuudvrrr �dum �,rd odrul A lerrzcarr uzrrlcarrI eOc s rt lurrru u', For ��Vhich the c�ca��uaxl of
____ __ _ __ __ _ __ _____________� w _________ _________ _________ _________ _________ _________ _________
25 dadbrCrstfu_d_aion" commenced. __on dill afilell )Ion I5, �_973,,cB1Yad�_ll rd,�tlgd��;_la,_B a ��� aad� tl�� aQ llllYa.bllQrO� Yak aQla_Q;d;k,
_,_ _ _____ _,_,_ _,_ _ _ _,_ __ _ ___,_ _,_ ______ __,__,_ ______,_d_,_
26 u�:maram°,ldr u�:mm"a':rram°,a;rr"r;u�:m.
27
28e rrrr�rrrrrrrr�rr dar�>r>r�r�>rrurrurarrua, ar d�rruru. rudvdrd 0 avd � uuuuulu <b adruuuuu,ou<tlavvr au: by ,u �dd _ :
29 Ille,_owner_ audud4 recorded _,d�dvu�__in ��_dduQ- ra l Record��,_Ord__o�ud-_S�luuuuu,-r<__�_-:vuuur��s�r��� u
r°.ura d�rr dire �:rWTI r o atl did xMdda__dur_d_onver ddu_rvquu�u_dw� if, a nv_lCdtlabdnl . _hatld bls inconsistent with the
30 _______
31 terms, of !d �uudu uraar� �vd � u�<brons drlsan- beoldvad � bt,d]dfu "", g-_ __1d _ _ v- _ � _ _ iu
32detached
br u
rsbdV�-VU � C r Grd�rr as wtlC'as de abc h d�� a c d_asasG;ra asd rV � dVUrC 1s,a Md�:.��a a6ytl !`:�s,
33
34ovuud��urr dr_ _____
win rlr err lzrr� rru�'-atlrrr m ar m r uua Burr r ��r. ar r�rr au.�:rrru �r atl m r uua Burr r r .�:rr%v d r�'- atl mr �r�r� r..r VatldrQ.rrrr.
35 that uu,4au ,---- --- ludrruuvoodd_<b ud ua, uuuua_duu�� _u gu ud_duruu;ururu-._ ra�u true terms,_,�rd_g�ui , r_�uab���d<n-,
36
37 i�ovtru_c lov rr� v M�>c means,Via, <b vuD v a <buud uurrueatl_Dldu a Ova_d r ab a uuua <buud,__ uvvlgu uluvd uDatll d ,� uuld d mm
38 4 du rabdauuvd uD <ti �u /d uuu�u u u v u<bravvduuo Diu _ i ud uuur_D�dd <tluud vvruZI Ilk r_uu��_LLILXI d�dvd_juulu!uur_ I o
39 4uvjdu M
40
41 Pyrk lryi1cr_rrud_<tin , vu,abmllpduuaatl_Ov�d_uuurjtw which has <b_bod�v_ uv�a�vlrrot xd_dvv�i_uru dduuuua_Yeen (_11�4��'dr_o_< nd
ry ___.l___u�_________ ________Liaw______-- ------___ ____-----__l__� _ _________�_ ______--- l____l___ _____--- --____�_ .____ aw_ � _ auatlr QC r-
42 which r m uuuda guru atl murrr dr chassis, and-is,r m ��dr mu rr�� air rr�rvu�'dr mratl m�:r uatld err arrru r�.rratlr drvurru a w
43 When corurrud_cted� o t, oifi id_�,,nece ,sal- _ 'or gr�ud_uauouovuru_ofinstalled, _fix.auurv�—abut(-a1upflabu ces,.
44
45 ,4�c r�>c�dardrurculv(.!hiv(u>uvrcyns ruv<_4uuddr_ _in 4uu�udu <vouauuIS av<udIda wIIjcII ismM
46 ]Ivuu�a vide <tl emu u�r a drabu;mumra�im;�
47 (,j_�u:ruuv 1uuu,uu�du_dv _ �499.1 vu abu_d dr d_D_ol le ,s Where_rued abr,uuu_d_dd_atl_D_ le]abr est luguured n.u.b� 76rENd ouuu uM.,m
48 ( 12 u,u�rdddour d u,d�d uudrud� dd_duodudxuuu<buu ua air <tlOvdd _ �w<b a uoduua� ovuud and
PC Staff Report Page 25 of 77
File#2019-093
5258
im�.aj not for uIs ab ' <b_1������u<b u� ua �� ����u��wD�uua,<u , o���������<b� j_jv�u- 6ol,.
dad rd_abdIOrMatld � atlrr�dur M; drativdI or seasonal l Vuaad',
2 _________________
3
4 1 c'cm l dunes meatiara_nabouurab���w��� �uu��� u� <b��uuMI'llabaion , of sa 1( i u ���� � , �:�� �nol.Irlds landward o _ ie
5 Drdb<:u.ch-,
7 _icll
8 d]� � �� ul abL"Y `lyv� <b � i�<b food hauzard areas <br�_�,��own on�_IRm , <b�,_Z�:�ur�c__/�� A(l, _ - ��(D.
10
11 dro`atrl er errrrlrzrrllar�P rr�C_atld7aa ddrC dabdC rrd raaaauuaT1cC Its, for new ar:rns, rtIctirruru an aaVVb adantial
�. rrrrvdvuudauD a rrrrvIddddd d�rd abdujabd start red denies ru drd� a rd rarer rd�G:hlrMstru� dbGhn rehabili stldbon
1 2 err,_ w_____ _________ _________ _____
13 add tj(� um ,1��<b��_���d_ fig,��� ��o fig it�������:�v�1���_' �a �a 1in 1180 day," ��6. i dau_o�_,o a ie issaIabn d_ _�_he ab�_a_u aj
14 start, of drrurusadrtI Drrrn means, (rddud�. ddrd ���aaa ��<ua ������ ua ��d�u��ab u� ua a.��urustriI aion of" `� bt,d](fin
15 uudM�uuv�a ab_„ <bauuu_dabsduurd_�_ �: _�: a ad a�o< _`,uu�_ _ausflIcU21 1!jdtu�._��6 jab o 600tiurg"',_ i _urs abllmion of
16 �b�("aaGb d1C Gb MaaddVV� dbG:h M Gbd Gb�VV � Maa ICV �atl MC Md Gb MaaddVu� dbGb M dGbC as MGbd b M� Vu�C �atl M� � C �atlatldbG:h M `aaVV� lbµ
17 au �Md <b � u ab �uu d�dd� u� _dd �uu ad<bddab_D_�� a o streets" or wabdda au ,a �,x� <bvabD���uu dd�r au__babsC1m�TYL
r�r M �'`�a„ drvr.aa err dG; VM�stldbG'. M`a dC C tlC d'bGM G '� dd �.1��Ndtlatltl� "�Gtl �.aa Gtl d bMaadabd�atldbG; 7 Gad stl�'�'C�aaaG�� .
18 deer____.dew 1
19 D u.u, dv u a auud d_ab`_a_ abd-ab <", gad_sheds, not_dvdd lu��J d�,_a s d�welli is uuur is o u��o.dC�ab�a_��d adi�__��u<bin D�uu,dd i ups"
20 For a sruu�S��Qcull iaBd llll �.b1C4 Vern ni , the �Bclaaal "a�laxi of Cc���klY�adt1C���ction" means, the 67rs,1_ alteration of a,n.
21 : other
ew
W
_ � - -
22 external i� ra s, 1 i� bt, d___ __ _ �_ ___ _____ __ _ ____ __ _ _ __-
23
�__ h lcrrrfrrrlcicvr�rdr a> rru.dablr�aaddaurruau, d d,d ab�ru worglr� �l!iuut ���� � <b D�uud����ul �d� aa�uu� ouu�� �����D� wo��24 -rr__ _________ _________ _, ______ ________________
25 d_os o rd � rutu l �ll __, a ull� ut ��f, s rr��clurr� _to its, before_da�rna,1,���_ "l�r� Isij,ua,2 �M���ij�U u��tu w���III I
26 � u.uau� „d x, (D 16 ,_ u,a �,d a d ,<b, d d v<b uu �, ad D uu,�� uu w� a uu� ouu, before ie dabddma
27 ddcct' red' Drain ouv_es iaua_<b,_e determinedao be_s,uubsoabu lia I— aa e are at'Itom boyc call considered_
28 be uauu0�sabu,ad<b�vvruld�,dvdrruduuoa rdd <brdddv , ad:rdodd_ardDuuab� 1�<b� , ,
29 flj I rd rarer ddrd'- structure to rd�rr before r d�cBmN.!�u, " blld dd Bra 8,���'"„d_ond�,rI on llr,d � ifaj 94r o ,��Cd_BQd,C 9�d�adll� 50
_,.,my____ld,_,__,_ ______,_,_,_ _ __ _, _,_,_, _ _ __ _ ___,_ __.d____,_,_,_ _______ _,_,_,_,_,.
30 bd lld d rr� drd the structure's, marl<:�_l� value el'ofe d ar Bzd�dd 6�bll� ��Bll aB,�1� ll aB ld 1�_0/cB64gC --then 1�6�e
31
32 and added a ll—o ier au161���� <b��� ,c,quu!!d!!�uu s o i A_lor_�cici ffaA lc ingy.� odc and 01i , ,_luau �d:d, �o��!u Lflla t
33 d,d<: �v_d d fuud�d d� ddd,d,d._ad�v_,_,��aa_o rejdraddd abl,d fisted in i salbst'i ud,ab� ,,,�ld�dd�vd--�- uo/auu_D�ma<b ua-<b-,��au���au <
34 �,dda , , D/, , , d, ,o � v �, 16 � D Dd d�uuurud w�d�,�,�1ld� -.- wjn A dminist ab O ( ,,, , shah be kC,d�d_�i d,�d
35 and advadd abd,�C Iry d ,d__1,uuDv�dv in a�dv__office , of dl,d_Cot'Idldmv_� uu�dd�„, �,��ml,ab,�a�u� uo�_ab �,� _,wruc duu���__D�uud_are
36 not limited der, d r. s a dr:h u�C�Nsudd �Ndsu Maa atl Md;d adrC d rdrd abdrrr u a aaVur v(� d Qhaad a sb Mdd ��d�V��bd andb �a uC� dbQ.h M fees_
37 1.1'etsar dha,1 ll _a also beexcluded d�include costs,sts,_Qdo d B_�vdu�udd ud t b4rll BC d �d"B lldllC� a buluddr so 9'draj llI'ra
38 sa f o ente, _a_o dv_abduu t and id-entif,-rd�Juu,r_ed re1mir, ands law i'u� _rnents_ao Ite d,s ot'I side obie
39 bu.0 dvu __auud as, -01d__d�rIv� ab�rv _`_a_�,1,a,d__��_`,a�_,,,,m_ L!j! ,. _dd_ „_„r� ,_dab �d� ,d<b�,,,rig aburu_d�ddd_o<bdlld��_abccess'(:
40 s r t'I t' e s.
41
42 l ' ' _ ` 1 ___`_d_ ____ __ _ _____ ___ _______ _ _ ____ _ _____ _ , ________- ___-ar__-_-
�rr_drlarrrtrar rrvr rrerva era rrl rru_�'auurr a auwru rd r<urr r.�'a guru a r.uua arr�dr rd eau r raauarr�uru au d'draudrd�ar and d ra'rrruru or
43 (ddJ,<vI ul„ov_d��u,uu_o_d,f a bl.d1din ��r ao�uud ouu�dm�__,u�r_�uudiru . ab u��r�u1„0VC1 _u_d�ruo and <b � ,�1,aur, �v�_d�au,,M C
44 _auu aaau,wru�d�_d�,���� <bwru _d��,��ur��_d�,d ,_,r as Ord �rrr dr d rquu<u�_,_„d_x xr d d dd a �(D ld��,d_d_,r,a_�rd adrd rruaurdad a vauduud Ord adrd.
45u.udvu __drr ,ouu, dgudd _Dd_dddd__addv__d,,d1„�vvdrud uo_d:rdlC<brr ,, ,oabpaao�yuu, ouurd__ ,ab.Q,
46 rurud;uurrd'_d�� "stIbs antiab�d d�aurr�<u d'" ° <b1rM�S rd u<brraa <brd dQ)Tl ard�dred� a aatIbsdantiabd rnj,.rQrVdrr�C Md_rd_�.<urd�dd_`'`a_QhU.
47 the aud_ouuaul_,� air work lr�_,d_d��urue��____,�d��__term��oes, wru��a�_�however „chId e ei- le
48 (ll orIab iduud vt�,l���:�vv���v ua�vd <b D�uu��d�,u,��dd u:urrdv�or:�v���,d, a dx, ,o„, a�rdau�a��� a<b „aab���.
PC Staff Report Page 26 of 77
File#2019-093
5259
|
2
3 (2)
5
6
--------------------------------------
n trig
8
9 G3l
|0 a historic structure,
||
|2 vevicum, I wm Is a ji(A', fhmn -01 1 Its, (:)I" -01is, ch ter or flie flood resistant
|3 �
|4
|5
|6
|7
|8 It, - It"essional
|9
20 IlLy
2| (2)
22 and nonbreakinj waves,
23 G3l
24 (4)
25 (5)
26 (6) j i
27 (7)
28 (8)
29 (9)
30
3|
32
33
34
35 Sec. 122 11). -- Duties and Powers ofjJhe.F1o,(),d �ain Administrator.
36
37 Administrator, The 1`1 lain n-formance of' Certain of' his, or her
38 dt,Fties to
39Iood jjn Administrator is, atF.Olorized and directed to adminis"ter and
40 Flood][ to
4|
42
43
44
45
46 as, and exect,Ftive in natt,Fre, The Flooc lain Administrator shall be !Jded by
47
48
PC8tuffDuport Page 27oI77
File#20|9'093
5260
I strch int -1 1
2 )ecificall I-a
Y-RL(- -in Ilis c i ffifildi Codc wifliotrt
------------------------
3 11 arl, a --t-o-s--e-c--t-i--o-n---112-2-----11--7---o--'--Ol--s-,
4
-
(g.j_Ap.[2fi
<bvuiLtjoins aindj)!�,!-wnits. 'The 1`4 lain Adminis"la :) ITI cOrisarltation wifli flie
---- ---------- - ----------------------) l!---------------------- -----------------------------------------------------
5
6 11) !Ig-yiew j�guljjcatj orl s-and "L to detenn ine whe-Olem- n,�Lit will be located
------- ------------- ------- ------------------------------------- - ---------------------------
7
8 (2) %_<b flications, I"(:)]- �Ijstin� J�)J!Lnent in flood Ilazal-d al-eas I"(:)]-
--------------------------------------------- ---- ---- ------- ----------------------------------------------------
9 �qtllpljance wi-Ol W, I- ( , (: I
e mman�nts-------------------- ----- ------ - -------
10 (3) god hazai-d area botrndajes
exact locallon of b v ai-' S,
- - - L�Ilnl k�"!,jj, on 6rig-LtIg Lglillin ati on shal Ilia v e flie m vi to
_Pg---------------------- -_ --�tg- ------------------------------------o
12
13 (4) I)---o-v--i-d-e---a--v--a- -l-a--ebl-e---fl----oo-d--e--l--e--v--a--t-i-o n--a-n--d----fl--ood--I-l-a-za--l--d-.-i-r-d--"o--- -m
14 (5) !2etennin-e-wll- fllem- addtonal--flood—bazaidAa-ta-shall-be (:)-b-
tai n ed-Ihm e
15 devejcp.� b a I a jr
---------- - -
16 (6) to deten-mine will be i-eaSonabl.y s�.-Ife fi-om
------------- --------------------------------------------------- ---------------------------------- --- ------------
17 I'loodi I&
---------Lt .11
18 (7) js,,,�t L��AnL-�Jn-deveL)J!Ln,�LvL I L��L" --jig-mitS, foi- develo en oflien- flian btrildin LI LI
-E - --------- - - _LlIg - ----------------------------0-----------------------------------------
19 stl-trcttrl-es fliat ai-e_sarject to flie Floridy Buil, 1��g U Oc inchr(fing TI gs, and
------------------------------- - ---------------------------------------- ---------------------- - ----------
I fhmn flie FlorOci ffifil wi� 'I U
20 0 iten--is.
21 disapjr (Iys� -ftg same in flie event and
---------------------- ----------- -- ------------------------------------------------- -----------------
22 (8) L', !�!Idjnate wi-Ol
--------------------ar-I
c-
23 yevie s, -an -inq �.,,,tjons foy btril s, and stl-trcttrl-es in flood Ilazal-d al-eas com ly -01 flie
--------A— ----si ---�-.Pg�-----------------------Shaw
---------------------------------------------------------------------------P- --�Mj-----------
24 ,galticab 01!g (2 11�
--------------
25 jaqjj�1�1[ in )imvemeint and substaintial dammye detei-III i in atio Iris. FO a btrilding,
...........................
and sti-try n-es T�
26 bilijiLly ! ini",hdi 1!,
27 I-e lac i P �-,R! f�a OCCLIMIIE�'Ily— U�Lj(:�n s,—I-eb-a-bili tati s, s,tr b s,tan ti a I
28 i @�-jjn,, of sarbstar tia d'I'l, �a -� -an-d ---- t �! JIM[ of of w(:)i-k on sarch
-m -jg ----------------------- ------;21 Iq--------------------------------------
29 b rjl�&ti i , I, da
gs-,,iLi�� Administi-atol- in cool-dination wi-Ol flie Btrikkl . " "t-- J� ---------------------------- ----------------------------------------------------- -g-S-It-h- -tL
30 sh-al-L
31 11)
arbstantial i d all
-------------------- --------------------------- �sj]-eeVch-eckl-I-s, c-o-n-sl-stent--wi-0-I-32 comintrnicate to (21!�Lt -��'JdClnts� conti-acton" and
------------ --------- --- - ------------------------------ ------------ ----------------------------
33
34 doctrinentation of c0st", identification of costs, fliat exchrded fi-om flic, cost of 111-��)11�2sled
---------------------------------------I---------------------------------------------- - ---------------------------------------------- ------
ba
tl
bVM
atl
35
36 definition of"'subslantial da,ma, ubsta,nijal jmy
----------------------------------------------------2 "Ind-"s---------------------- 2E�IK� at---
37 (2) tru��jjle qfu�ljcant to obtain a I ap -aisal of flie mai-ket vall.re- ------- - ----------------------------- g-------------------------------------------
38 o f Id' - oi- stn.rcttri-e befoi-e the-g!jalified cen-tified--i-ride e Id -mt -2-IL------------------------ 1.1L - a-------bL ---1
39 stal-t of con s"Ll-trot on of the in the case ofj-e qji the mayket vahre ofthe btril
-------------------------------------------- ------------------------ - ---
----------------------------------------------Shaw
40 o-----sn-c--t--tr--e--s--h--a--l-l--be -fl-i-e----m---a---k-e-t---v--ah-r-e---be--f-o--l---e---fl--i-e---d- m-a-I --o-c-c--t-r-i---ed--a--n--d -b--e--f-o----e---a--n-- --
L� 1
41 r14ab C'',.',
3 42 G L',
flie ill cost to I-( a I- a
43 at i
------ ---14a ---- -------Wflcab to flie le,--------- --
44 auu
----------------------------- ------------ - ---------------- -
45 (4)
46
47 (5) t�,jtj f _-o i t i I"it i s, detenl�in ed fliat flie w(:)i-k con stittrtes, a sar bstantj a] ill �11� �!I-L(:)]-flie�!Jcan--------------------------------------------------------------------------------------------------- - -----------
48 wi-01--flie I-lood I-esj
PC Staff Report Page 28 of 77
File 4 2019-093
5261
I IT,
iiuurr r iiid ilia iiT alid A (fir zcldizii(clidr ......�l -
2 W l l t l � ltu�ons o the strict �1,�Ills ,�ttll�on o the iu�Wc U[911im�Wl11ci�its o the orie"y �.. . .
3 1`1(:)(2A[j!<jjn A(in J-ri-istr to sha]I _suu_b_n_j ted— o—flie_J u_IIdiuri aria ,e_e_k <bl �ro-v_<bl
4 offlie_ flood load and flood� ent, o a ie
5 FlrrrcicrBlarr/clrrr C �ac��> a����eter��iur��_ he-Olersuu������luu� ,1 ,����uu��� o�ie_ <buuaj n g g�d <u_v<b��<u u��_l�uu� ,uu<b Via;
6 o section 11 2-11 7 o i ,1_��<b7[�d�b,�
7 .114otuces and l�iul�trs. -1h l_1�:���d]pj<jn Administrator shall �_oor��i�rat ifli <b1�1���:� �r�<uo� 1�� al <b��
8 Trnr_ ie raaaauua nc_d o all MC� C`a aatlr� MG:h i C_`a or ord rs o Can aVVre GrM fiance with D� I s �TraJ. dC
-------------------
9 Wluw tii_!dJoins__�did � ����:��� i�aii r �i�dii� rra,Di<ild:ii shall make o�i�_r�_ uur�_�_��� �a ��� o��r 1�'-,a" Jlecified n section
10 11 2 11�4 rrl��� o�Trria_c'_Tr<u la��. 6��� �����v�l�rl���ru� �a a'�rau_o� rya not aau��0, a o� -j,�2 alit_A-lorrclriffifilc�rrra, � ercic in luu��rng
__ _ ___ ___ _ _ __ __ __ _ __ ___ _________ _________ _, ______ ___L______ ________
11 u.0 rdr ,g uurauu s <uur���__1"ici_�44�sa �_x��r4 t f4�rr�_u_ /�ir__Floridy larrlclrir � � �r�l�> 1�r4 � ����:r�i14lain,
______ _ __a
12 Lim ale 0.6T in— d
13 r aamu.uau id �iT_ab_d�iiridli�aii r dvvC �liiiiid ii_1id_ignt,
14 duties of t1hc, FlNvod[2jWn Administrator,----The F k�!dL) <jjn Administrator shall have ofli 1.
15 i(uui: v , iuid �uuii ruui idri_��diuiar_d_idn_.
16 (11( T ,a<bD r , uu r� � r 4<bo4� a �0 4 au a ra 0 4 ab ))rova l o alit_ lit I] �ruu w��6����<b�,„ �4�r����uu��`' for
17 aii�rrurrrnraaldrr r atl Mcl dcrc a rrud rTr r rTrar'rurur raiarrr raa rrT aaVu. aao�<tlrMo�r<il rrru rrrrv_irrri ro� and aauuaaa<u ro�r<il
___,_,_ __ ____,_ ________, _ ________ ______ _____,_,_,_,_ ______ __ _, ______ml_ _ ___, __ __ _,_ _____ _ ___ _,
18 d aiiii.ai r Mad �uu�aauuab �d vi d-�:ruu 11----
19 (2( &dq_uurre <bl lfrr_a nt, ho sarb144id,1� l�l�vl���ri <b u�l_��m�;v��<buu�4i r�Ir_u vu�_��� 4�Ty<bwru<blyse _Do sar�r744!!4,1. e_lnnt
20 __ ____`____ _________ _________ ______ _ ___ ___ ______ __ _____ ___ ________ ___`_`_ i e
ab r l(4.�u,auo,4��u��..a err auu.D�rrura o 4 T SDI, alrr dauuj, aund rnformauarrrn u�urr r a sear aw_a��__�ruab�uruaaururu alrr 4 Trrod:
21 Tur�auuiairrc <uld <r ilm_id TTr ab ab�l_`,<`_a TCiid lid �,rag ,a llrab a ��_D�<u`° ((rT�4� _Tr_��ti_Dv�:u4�m � T Tlo—o— --ha zaurd.
22 area brur( bres a u h arubini.aarrraa shall b madevr.arru _ar.x It ,, o ar Trrr�
labjn
__ r__ _ r __ ____ _________ _________ _________ _________ _________ _________ ___ _______ __ _________ ___________
23 .
A(li-ni nia,,I ailoll�aa nol�i(d ldo ilri aB.b ttic cBu- dcn ari bi-nil idk T T^ �h (laiaB aBrr41 ini'()llllrnal,io r d 4_d sa,,all to
_____ _ __ __ ___ l_.l _________ _________ ___ _ _________ _ __ __ __ ____ __ _ _ _ _ __ V____.
24 rii<iiiidaur r Dr T (TTT: �aauur<br�i ( aud SI<bra,
25 (3 T 2vI_e_ _l _�luuvl _ vv ,4 uu i 2aTdri<u_Di� ua, <b 4 ��� uulr2v uD bdr� 4 �:rd _( vau4Tg T , ( v<b4ion.
26 l drTrT�rcabava `ml4i<_c_i(vvdl- by l(idi, c <b la �T <b�rd _he A�lorrclrl ��arrlclrrra� � ercl�> ar:r r�Trarrurrrurur that aauuah
__ __ __ _______ _ __________mow_______ _________ _________ _________ _________-
27 Certifications abrrnd'�_�'�crc uurrTduriaiir�;r raa air��_c_rrrrul�i1 a�".4.
28 (a4( l"1(iilil, fli Federal ����r�� u� S�l<bu4<b r����uuo � a�rur� ��v u_d(r� r ��vl�T:��auo_v_02otrridabvjra, TT(_S�Ir�wrTroe
29 lotrrDµy_abT2_m odifie _<bwrd
30 5 /' IKJaa( ab r rTrc atl Mdaa 1Grr MCn TnuurTrfin �aa atl ILI strtrc dues In hr i M � aaVV4Y adatl Mdra ] rrr� rrGrVCrr�C Mdaa dTratld atla(
______ _ _j___ _ ___ _________ _________ __ _____ ____
31 liaidr _ �T �i� Cosv l Ba er �esotrri� �tem es a �lslii_ib (iCoastal aierid_i v i i__ i (_ i __ �_ T
32 T d i,i uuri T l ( °u� C 7 4f( abiii !,jjg __ aCoastal Barrier In l4iT�ivrriii uo Acto 1199(D
33 `911 alraua federal food rrrraauurairrc d raa not available on sarc h c r:nrrraagrtr arrrru abrr<baa amuu4n rr o err ilrraa
34 firni adorn are identified on Hood Twrrswrran r T .Bic M B.bra Bra ^v< w� �naBlr1 B] T�aB Cllell � �lr�k4q 4� wslellrr
35 Areas, and <vOi:Tnerrwu are I Irrrr9'lr c9':ed Arerr.,"
36 � . r1Nir11T1111N �iiwllvrriuwl�W111rWirw� ii Wlrmirl v--- i <indl�Cimaa�:nT <bui friiii "iti irri or d i liiru�l� lirluuiied Tiii liar iDii:iul,
37 M inAdministrator ,hall maintain nd_1i _ i1iarvt make
M _ llai _, r � _
38 available To iuuDnl�i iuii iii oii:iri <u11 ir�_ordi, a(iabl ar_i_iiiiei,i,<br� Tiii lair <bi��iuriiii,oi<bar�2r iid o(iii, i(i<bliia�iµ
39 and a�iC_T,�irii��_2iaar_sab Via' a iiii�ma'iuua oiiyy���r ii_iluuTrr_iiii_iioaa iy�T� o'�iv_A leirrclr���ari�c(iivg �__eidc iwria_�i�.,Qvl2ir� �uua__iii;t
40 limited or T 1G)od In aVUrabn C RabdC lvuab Nla T C d Craa QrT lvusb r lrabtiag records, o raaaaVJa T1 C QaA_I�NC_rrr�rdla and
41 denial of"T _i�id� i(i_4iriiii r<bariiii, i:iT �ri_d�ri2lii,riiiii ,i_i� iii(� r iiii aarauuli_, <b ,uuD�aaau ro_i<bl iiiiiii��vr���iuroM
42 rrr l;Tri r 7iiaurr rrd aauu(iialagrrdraiI dl<urru<u�i rdi�uurrr_i� d ijat r,g 1, jr_abarons and Flo uurr en aborrnrrr o i_li vab-6onaa
43 (�__lG"`SSA---1 12vaboirirrr_ C riidiaab es __`mlii_a_iIied__by_ oIii___-A�eir��lrn aAzlclrrra __� eiclii and _Od ,__all1ablio�i._,.
44 d�G:h�",VuiiiClMD.Qatl ion related o-atl � )ea is atl1rM��_vatl�batlrMdC'la b Md�V;u��iiM� TV.uaaDifica ion for blalaVuatln C or (ICIT1rI
45 rrc,alas cnl enforcement en actions, taken rVUraaVuab Md dcr dTrraa �Trab rDrr and d1rC TTrrrrrl resistant � Gr MaadrVuc drrn r
___,_,_,_ _______,_,_ _______,_,_ _______,_,_ _______,_,_ _______,_,_ ____l__ _,_ ______,_,_,_ _______,_,_ _____ml_,_,_ ________,_
46 i ;iluuriiiiirili, ii alid A � ricd�iaAi(clvrl �iviin
47
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|
2
------------------------
4
5
6
7
8 giI]plicable codes, and has, been satisfied,
9
|0
||
|2
|3
|4
|5
|6
|7Sections,
|8
--------------------------
|9
20 (I)
2| (2) �
22 (3)
23 (4)
24 (5)
25
26 (6)
27
28
29
_g, then-non-Wood featt,ues,
30 (7) �
3|
32 �
33 (8)
34 i
35 (9) identified
36
37 M-aum�
38
39 flie
40 l31..d
4|
42 (Il
43 (2)
44
45
46 �3)
47 (4) �
48
PC Staff Report Page 3VoI77
File#20|9'093
5263
1 (5) )..H�sLgjtw(:)1-k,
---------------------- ---------- -LU - ----------
2 (6) j--tg--sj �d by -L � -.-gallicant ol, , 11� ��- --------Cs at'vOlorizeld a ��q,gt�g---------- - --------------ba-i Carl-------------------------ag --
3 (7) (jive sawli oflier data and ird"ormation as, i n in:I
1plain Ad dnist- -,)-,
------- --- tg�2L --------------------------------
r1close areas 1..mder elevated b � Id jr C1 � e sj n-sion
4 (8) ------------------------------------------ - t,i JLi� I t,d
---- --------- g- --------------- - o n-v e--------
5 Agi-een, ervi, shall be d xxi jor to issojance of' flle
�qy-- --Pl
------------ ------------------------------------------- ---- ------ ---- ----------------------------------------
6 CY
7 (S±.K11[idjty 1m 11i ),jneint order (1ir-pK,,!.III it. The issa,cince (:)(" a fl,00d ja I n Via:
8 -samrltto -filis, Cha )ter shall not be constnjed to f,any
---------------------------I------------------------------------------------
9 violation of'-filis, CW.-!,pt�,-[,jjg Floridy Rui ?g r a y t flarice,resofijtjorl or
---------------- -------------- - - ---------------------Idi, -�!Ldj----------- -------------------------- - - - ------
10 (:)1" The Jssamnce--- on--- ......u-t,u-C-ti on
------Ly------------ --cons
11 doctnnervu and ird"ormation shall rl( Administrator the
--- - - --L 0-----29,--------
12 Correction (:)I" errors and ondssiomll or in flle CaS1(L(:)f,jnC()MP docljments or ird"ormatiorl fhmn
----------------------------------------------------------- ------------------------- ---- ---------- - ---------------------------------------------- ----------
13 I-ex t,dr n--a I jp!g nentation of' st.01 Irior sijbinitted docl.nnents, or ird"ormation wi-fil additiona]
-h� ---P. -!-------------------------------jr-------------------------------------------------------------------------------------------------
14 doctnnentati on or in I orm ati on-,
15 -j,',,jph-atjon. A order m -j!�L�I-jt shall aljtomalc rivalid
-- ---- --------------------------- ----------------------------------- -Y
16 of'law ljrlless flie work aij-fliorized�y n-mit is, Commenced wi-filin 1180 day" -.-Ijter Its,
----------------------------------------------------------------- .. jf2L--------------------------------------------------------- - ----------
17 issalarice,or if'-flie work at'vOlorized is, sljs erlded or abandoned 1"or ajIg Y ,, after flie work
-------------- ----------------------------------------------- --p------------------------------------------ jod of' 1180 da s Cd �i �
at'vOlorize
-------------------------------------------------------
--------------- upLn-mit COMMCmces, F"Atensions, 1"ol
19 b _Eg�qLj� � I' "!,r q I ajed "G e n_w f i In 2, 'he �[,ttjgtqt shall be dernonsI I, _by-!
---- ---L ------- -- - ------------------------------ ---------------------
20 cause" rn -,,.a, s, a,"Icoally sufficient rea,son,"
--------------- --------- ----- --------------------------------
21 (g). . revocation. The Flo
------------I-------------------------
22 1 flie order or --u,, issa,�ed in error� if" flle order or
----------------------- -2L----------------------------- --------------------------
23 f��n-nnt was, lssa,Wld on flie basis (:)I" incorrect, macciji-ate 01, 1TlC()Mp!g1,e ird"ormation, if" flle cot,mty
- ------------------------------------------------------------------- ---- ------------------------------------ ------------------------- ---------------------
24 determines, -filat flle a or
__au Ivor sawIl order or false
- -----------------
25 misdea,din2 HnFormationmal rialandrelevarriltoth e e-(OlAnl,, 's decisjon 10 jSS,1je
---------------------------- --
26
--------------------- ------- ---- --- --1-1------------------------------------ ------ -------------------------- ------
27
------- --- ----
28 m
---------------- L ---- -- --------- ---g--------------------------------------------
29 ]a n develo nL-,LvL L�njts and bi.6k i ,haft inchxie a
------- ----------- I n 'i
_Sh! --------------------------- -- -----------------------
30 Condition -filat all oflle a][ mynts 1, � ,t be obtained bef`oi L ;2.f,.�jjcable s-uite )n va s_a ld , I t,s, -e
------------------------------------- ----1.�i--------------------------------------------------
31 COMMCITICCIMCITO,of'-file co I bt,o,not limited to flie I"o]
!!nly---m�mnitte 11 jr
---------- ------------ --------- -----------------------------------------I 2vv(11-9
32 (11 I'lle soij-01 Florida Water a la �, I i ritto Section 373,03L
------------------------------ -M 1 ywa�� - 2 ------------------------------------- -
33 (2) Florida I artment (:)I" He'-d-Ol I"or onsite
---------------i�m----------------------------------------------------- uD� a Id djsp�!�,,,jj g-sa,uant to- --- - --P!�- --------------
34 Section-38 l,0065j`,S,_a nd-C,,Il1, iten- 64F'1-6,-F,A,(`1
------------ ---------------- ------- ------ ----L(U---------------- -----------
35 (3) lJor da I �11-L Protection I"or activities,
i ��j -�!Lj jig-joint Coasta(Tern)-il,"
36 f2j!Lsij an t-to--Secti-Ori_-11-6-11-JL 4',5,
37 (4) lJorida--11)
38 San-fiice water wi-fli flie US, AT" section
-------------------------
39 404 (:)1"flie I e an Water A c t,
40 (5)
41 ir uh-ed. A Norlconversjon A e a I s, or
----------------------- ---------------------------------------------- ------- ------
42 _-fjie_F d lain Adminis, shall be recorded on -fj e � 11 -i(:)]- to
----------- ----------------------�!�L---- ------------------------------------ ----][;211)--I ----------
43 issamnCe (:)I"Certificates of'Ocu� a n-tificates, of'COM fiance I"or flle "oflowing-
----------------------------------------------------10-L - - -(7-c-----------------------------V-----------------------I------------- -
44 (11) !--",TIC]osed areas below new and sijbstantially i elevated
--- ----------------------------------------------------------------------- ---------------------------
45 (2)
46 (3) j-"mclosed areas below int(i) C
----------------------------------------------------------- ----- --------
47 (4) in accordance wi-fll flle rl(:)Tl-
t----------------------------------------------------
48 elevat, ents, did di 1122-25(d and
- - LMLL�-�SJ!JlLln--------------------- -------- �ZD--------
PC Staff Report Page 31 of 77
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|
2 Sec. 122 12.-Inclusion of United State Fedeinfl I'linell-gEpS� i; ijL .1finited States
3
4
5
6 and intent, It i
7
8
9
|0 alalti Carl
|| section
|2
|3
|4
|5 wifli
|6
|7
|8
|9 trnstritable
20
2|
22
23
24 a,
25
26 b,
27 C,
2811
29
30 (2)
3|
32
33
34
35
36
37 i
38
39 a,
40
4| b,
42
------------------------------
43
44 �
45 I, a pflcant seek and obtain technical assistance fi-om -lile �en- ic - and
4h 2,
47
48 3,
PC Staff Report Page 32oI77
File#20|9'093
5265
I f2glLnit shall -e after 1180 1 s, and
------------ ��Jljl 2 , "- le --------- --------L--a--i�-�-k-c--ya-n---------s--h----a--
-----b-(-Lr( jjIIe-----()-r--e---f-I
v - --1--u--t--
,
-----
3 C, Iain--&vI(: m�nt �TmIL aupflCmion fliat OJIjil-es, -Ole sen-vices" technical
- ------ - ----------------------i --------------------------------------------------
4 assstulw�. Monroe (` v Based on flie
a 1_111-ovi i ��-fl _a ) flication to -Ole sen-vice we -Ih-------- --------- ------------------------------------------ -------------------------
5 services technical assistanc j] te, -e((�, 1 ,-�-�pjpflcant shall sijbinit flie FWS w1it n I p�,L!!Lmentsto -Ole
----------------------------------------------- ------ - ---------------------------------------------------------------- - ����_nts to
al, a t a gg �qjjrements i-6 MonrogCoUrIly.all i C n
-------- ----------- ---------------ILLED-1111-------------------------
7 issa,Ue a notice"LO t a-�Jncfijdes -Ole technical assis"Linc re,(� ed---t�,-- �E ��n ts� I flie
--------------------------- ---------------------------------------------------- U —111L - - -pmdd---- --y------
8 f-eden-ally sted tj]�- r
-- ------------- -- - -------
9 in flie Monroe ("o1jr1ty-pg-Imt,
10 d, F(:r a dev 11 a flication aim I and/or Con ensation for
------------------------ ----------------------�-Jl---------------------
2-- --- -------�LOIIL -11L
11 adverse effects, to native habitat, "ation g �Ll �Eatg t will b -1 a[ �d to
--------------------------------------------------------- --------------- ------------ - ------------ -----W�j i e--------
12 r e,s-to rati-o n--a TIAL o s,e n a ti-y-e-1-i-a-bita t,
13 e, 11W, an appflcant acce form, of-Ole s"en-vice ITIM111TIMents, in -Ole
--------------- ----------------------- - ---------------- - ---------- -----------------------------I-----------------I-----------
14 f2grn l i t ii I e,
15 1, F(T of -0lis, section -Ole notiul to mc�(.'L IPIEM2�1i�- --------------------------------------------------
16 M-o- -r e---("-()U-nLy---Grow--0--1----M-a-r---- --s--on----- o ----e--- 1L-IIIE---LI-,--e-,- I-l--a------0I JILLIj-t-t--e-d
17 de, el
18 g,
1-is, wi-Olin an areajp!-�� -'i gb "IL Conservation Where
---------------------------- ------ ----------------------- ------------
19 ill at habitat at-Ole time of e ej -Ole
----------------------------------------- ------------------------------ ---- --------- - ------
20 CoLITYly gj, Uy -][2L jp! � -W--s--C--:)---I
-
21
------------------------
22 11, 11" -� I I e111-�Lglglt.y ", T ----------------
--------- --�.jwn er-A oes—n W S--teclln i Cal--as,s-i-stan- ------- �mts to be
23 inchxied in -Ole jevejcp!�Llt n-mit as, conditjon�,,�, fl� sIlafl not issa,w, Ille, notice, to
-------------------------- ---------- ----------------------------- - ---------------------------------------------
24 f2rocexxi and shall rescind "�L
� �-Jssljed devejo
-------------------------------------------- ------ -v is ii---------
25 F(: �d in K y
�E�Jrm-)w,itl-es Jocae ( �IqgLl s"JIver rice rat and
--------------------------- -KL -I- -Ia�!! -------------------------------
26 L(:)W(N-__Key,, it habjtaIIB'.UM�-I --�2wners shall qgqge to exect,vLe, and record a
----------- ----- ---------------- ---------------------- ------_________-_________--_________--_________
27Cats, This-g
- dive_ ----- --------------------
28 directand CIjIm.flative loa I sr
--- ------------------------------------------------------------------------ OY
29
30 e
--------------------------i-d
3) LL��?Eish,m rcduction cynd civoidil i -'t( j, n 31 G _&Z'
�Is dcrylly Aar��.!ylcncd or.
-------- ------------------------------------------------ ----------- --L ------------------
32 cildc/11,
UY
V Olall meet -Ole Conditions,- - - -------------------------------------------------
33
34 technical assistance mts 7 ot, ��y n
�r d ve 1,
35 )id d,ed- ---------- ----------(
36 oiid------------------------------------------------------u <b uj viililly call11-�------------------------------------------------------------------
37 inch,xied as, Conditions, on flie Monroe ("Oijry __dev �Llt Ig nit, derived
Ly ligpil- ---J[ -!L- --
----------------- --------------------------------------------------------------------- -- ------- ------- --- -------------
38 offlie SAGs or_-ffiroij technical assistance by w ' -,-I,Lg � �b xnned to be
-------------------------------- ---------YA'!--------------------------------------- J�----- _jIgI _y �jg i_ilii d
Ily I
39 of -Ole Cot,m Code and ma be "trative enforcement
--------------------------------------- ---- ---------------------y-----
40 lllll set for (:)I Oldinances, Ft,udl n section 11118-11 11
-------------------- ---------------------------------------- --------------------------
41
42 (4) LZeZ,-tLW
- -_i--"s"-u--t---c-c-A-- j��Z!� y lollc d-R-y- h---?f--Gr-o4-th--O-r-d--i-n--ci-nc---- 11—,L-Non
43 RcsOcnikil Rewc-i,) Uro4,1& Ordincincc "'y cillocytion's, ol� htli& ILILI, f(2�'2
------------------
--------------- ---------------------_________--
44 and allocations, have been tolled t,mder at,uffigriI of
45 Monroe-Cot.m lA!jtjons 420-2001, 116 -20 6 1185-2007 and 2119-2008 and 282-201111 as, a------------------------- ------Q-1---------------------------------------------------------------------------
46 resaflt 1 1,_flle I T.Ilibiti -OM ISIS11,11 I flood insan-anU, �s t,mden- -Ole
- ------- --ji---------------awl-------------------------------f,.H�jjcje--------------------
47 National Flood Iri�lliul-aricc��-[)]-(:)g,!"-�til-�MiliclI wals, it "���d in flie case of Florida K(�Iy al, V,
------------------------------------------ ------ --------- -------------------------------------------
48 Ftjk'�
,� --e-t -a-] - --------------------------------------� � -- - -� -90-11 00'3'7-("]V-Moore,
PC Staff Report Page 33 of 77
File 4 2019-093
5266
a, In order for whose allocations or whose bijild' la were tolled to be
- -- -- --- -11 -------------------------------
2 e-j-- gjb!g---f-o--r---1,�-x--e-r--a--1--fl--- o-d---n--s-a--n---a--n--c-e--a--n--d--m---e--e--t---fil-e
3 -
r �gjjrc-x -
g ------ -j-
4 11, Owners wi-fli all ocati on s,who do n ot need Coordinati on wi-fil F WS after flley c, n', ed
-- -----------------------------------------------------------------------------------------------------------------------
5
-------------
6 i, Have -1180-days, fi-om -file date of a Co1jr1ty issojed written flo-fice to k t,�
---------- ------ ----------------------------------------------------- --------------------------------------------][;2ic------
7 bt,61di
8
---ddaiv( dd----------- -------------------------------------------------11------------------------------------ ---------------------------------
9 redes,
LIM-Ail �11UIlte, wastewater treatment mit fi-om -file
------------------------------------------- -- lyg j2g!-----------------------
10 de )artment of h(MI-01 k 11.their bijildin
I-------------------------------- -u ....................
11 2, Owners, with ho do not need Coordination wi-fil FWs after fliely
ho d
13 i, om-Alle-date- J' al t,�ed written notice'-to recommence,
-g JL -------------------------------- ---------------------------
14 deVejoj,.!!I!gTlt and recejv(La Lgl jmq 1:1
----------- ------------------------ --- ------
15 ii, Have issa,Ued writt(�Irl a need------------------------------------- -----------------------------to
---
16 redes, n1s, stenntorecei an
MALI ---------L g-LI]dt from -file 1 0 1,
--------------------------------- ----------------------V-(-�--- -----------------------
17 gCejVeaP�.-I,,,
------------------------------- ------------- -------
18 -111occition cmcmjs�.,f -�Lc y i �c Non-
A nmucil c ;r,)4,th Onlinc
- ------cition imiirv�i ------------------- --- ---------
Orl essed
19 Res0enticil ReWe o Grooh Or(P ynce ',Y C11,111 I cillocytions, Permit i
-----------------------L--------- -- -------------------------------------- -------------
ffnlit referral , �ss -filat resafl-� if l.
20 1 Lit -M---------------------lm!�L--------------------- a "may g1t, Ct deten-mination', for .01 J.!Lun �sgit
--------------- -----------------------------------------(L H-L
21 tion of fll � assessment ljides which -em,61-e -file
---------- ----------------- ------------------------9------------------------iv _ fl
f2glLnitteeto C o ord i n ate with FWs shall have atotal of-360 da— the date of a ot,m lssl.ued
----------------------------- --- I
on ------------
n1l It
23 written notice to Conch,xie -file I(XIIjil-ed Coordina-fion wi-fli FWS ig
---------------------------------------------------------------------------------------------------------------- -------
C This
to I -om Monroe Coijrl I 24 and receive a no id e- --------------------------------�y, timefi-al 11 aa -Lg ��!g
Ld-j� --------------------------------- ..!,Ig�!�- 1 dI-by--Ljlg
25 if" -file a ficant Carl affir nativel demonstrate -filat he or she has, timel
-------------------------L-----------y----------------------------------------------------------------y ands.------ -
26 ais tivel �,1!21-dinatio rl,
Y 1 - ----------------
27 ----------------------------Pg---------------------------------------------------------------------
11jes, for which a -mit has been issojed and for which devc�IWI[IIIILLI.-a,
28 will be_rexj!jjI-exI Innt reviews, -filat resaflt in
----------- ----- ----------- ---- ----------------- - - - - -jl��riia iiviw,s
a---"-----a-y ------------------------------------------ -gpl!-�Ll---- ! gj - g-�-,!P][�!Jc ---o-n-------f-i-e--s-r�g-�les,
30 hich qt i ( fj-e,
- ) C-001,C]i na-e wifli FWSshall have- -otal f---360w -- --- --- - - - - --- --- -- -- - o- ------
31 daa �,,,Jhmn -file date of-'a CoIjTqy ojed written notice to Conch,xie -file re'(11jil-ed Coordina-fion wi-fll
------------------------- ----------- --------------- ------------------------------------------------ ----------------------------------------
i<b
" ex-ins, )ection fi-om Monroe ("(: t ro-y, This,32 deve o )ment and rcCCNV
---------------------
33 timefi.amel--Inay exterlded by flig -.-I'LILlirls -ector if" flwl -.-jp]r t Carl affinnativel
----------------- ------ ---bg---------------------- ------ ---pj� --- ---�Ijl------------------------� �!Jcan--------------------------------y
34
JY IL - ( --,demon strate fli- at 11 has, 61n�� I I V I.Y
35
Se 36 c. 122 13� -- s ite K.�oinstrucjjoin documents.
37 (LI) tpIqL iltion for devel,o,pjjj�,jLjj., in flood hazard areas. The, i,!Ilstnjcfjorl docljments for
...................
38 (Ifly.-LL-�Yej
39 aC-cLJI,,-qgjy-jn as, a[ i able--to flie j )pg�,,IgSt d It-
--------
40 (11 dd i udrdrrati on an d defirleati on of a]I I lood 11 a zard a TC,a 2LI Lf",I �-.i s,e fl-o o d e I-e-va,
41 and gjons For I e C( i njy's, review ol'I e pj%.t� Ajevel )p
- ------------------- .......jh.......�g-- ----------------------- --- ---------
42 (2) AjIgle base flood elevations, are, not inchxied on -file FIRM or in -file Flood Inst'n-ar cc s�tidy 2
- - - - - - - - - -- - - - - -- - - -- - - 1 -�- I -L la
43 sh-a]-I--b e-e-stabli-shed-in--accord-an-c e-wi-fl-i--secti on-11-22--11'3-(,b.)-o I"-01j-s-ch
3) AjIgfg-fl c 44 G -g] on which .01 I C, taken willdldii.m have more flian 50 lots,
------- ------------------------- ------------ - 1� - -----------------------------------------------
45 or is, 41
46 elevations, shall be established in accordance wi-fli section 1122-
--------------------------------------------------------------------------------------------------------------
47 111(bA1I.)_Cif
48 (4) it 'I'Lld, ).m�sed stn.w-ujreSI and loca-fions, of"exi tin biji (ing',
,an,aL -nm Aj ------Y-� -I.IL� ----------------------- ---------------------------------s -W
----- --------
PC Staff Report Page 34 of 77
File 4 2019-093
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|
2 tide,
3 (5) all (: trnt and
4 ex cav all on-,
5 (6)
6
7
8
9 (7)
|0
|| F"Tivil-onmental
|2
|3
|4
|5
---------------------------
|6
|7 (111jinfoinnation in flood hazai-d aii-eas without tmse flood ele ti IF] munni In ate, Zone, A
|8
|9
20 Il j -e - e-a ) flicant to inch.rde acctrmte base flood elevation data in accol-dance wi-fll
2|
22 (2)
23
24
25
26 � � �
27
28
29
30
3| (Lj)-5R!�,Ljjission of additional data. When additional-11,Y data�
32
33 to seek a
34
35
36
37
38
39
40
4| and stinlic.1.111ii-es. The Administi-atoi- shall ins,.12�ct all
42
43
44 in and The
45
46
47
48
PC Staff Report Page 35oI77
File#20|9'093
5268
|
2
3 of,the ownef"s, authofized agent shall soibmit-I,(:) flie Flood lain Adnlinistmtol-:
4 Il
5
6 (2) elevation trsed I,(:) x tril-ed elevation (:)I"Ille lowest floo]- was deten-mined iri
8
9pgK
|0
||
|2
|3
|4
|5 installed
|6
|7 �
|8
|9 Sec. 122 15. lie 'inclosed Aii-eas Below I,levated Residential St injict Ill I
20 by
2| �
22
----------------
23
24shall have the_L�,x1jAil-'ed onducted. The inleni of'
25 lh!s lngmgctlon,which is stl-ictl ted -I,(:) im ec-lion of' below base flood enclosari-en js I,(: i Ii I"
26
27jo iris._tj I s.v� �s niL th� _ICI, I tFriden- this, section sluill be cond c- �d
28
292 m
30 i
3|
32
33
34
35
36
37
38
39
40 �
4| violation
42 of"Illis, section in law
43 cotrl-t (:)I"C(: I,(TI, sd ent a Violation (:)I"(:)]- othen-Wise in connection with a viola-lion
------------------------------------------------------------------------------------------------------
44 (:)1"I'llis, section, AttoniU's and costs, inctri-I-ed in an action -I,(:) erd"ol-ce IllCISle I 'W(111ons may
45
46 Ille, cot,vt mav_jl�a, sole intent (:)I"I'llis, ins,
47pl-ovide ird"onna-lion I"(:)]- I-ec ol-d i fig LI!-I, Ig jnlpL(!YS�!)l �LvL�; -I,(:) below base flood enclosall-es,
48
PC Staff Report Page 36oI77
File#20|9'093
5269
I -C--o-tr-r-qy -------- Rsohrtjon 440-2011 11 which---d- o-e--s--n-o-t------ ----------a-t---fl--i-e- -imam
---------e------------------- --------- ---------
2 com i of sarbSICI(pj�Lit--- ----------------T--h-e--jl!j!11�2-s-l---o---flik,- n-I-s-'----o-t--t-o-----d--e-n- tl �_Ltlg!
3 trm-elated to flie flood ]a TI-I 9-t-r-I-a--t-i-on---,---n----0 -s-'_-c-Wj[g'g-I--,
-
4
--- --------------------------------- j_ .01 _c(mr ty i t e------- -------- -----------
5 trnden-flie Pi Ins, ec. nj)n: 44 ('T'R 59 O�i-e ealed on .4, 5 2 0 11 1`1"M A
-------------------- -------P---------- ------ t� pj _yj_otr�-------------------------3... ....p------------------tty............ ......
6 tenninate, .0
7 JI'flie i-esarlts of flie in pg�ctjon
-----------------------------------S, ---------------------- -ILI�i-tted tril-ements" of flie-1g]-----------------------------
8 Fh_)_ridci cab]e to enclosed ai-eas below elevated btrjldin�, s� a,
- ----------------- ------------------ -------------------------------------------- ...
9 is, s 1 In-b -a La pflcant,
_1------2J9 J--L __y L M- ---------
10
I I Sec. 122 16. Floodj.klNajiin Cei-tificate, of,
12 1 )1! L �v u I-
- -- ----------------- ---- -- ---i-s, ej--j-gj--b---l-e-----o--o-b----a------n-------a----------------------
- ---- -t-a---n--ed
13 arl -- - fan enclosarl-e-bel-ow-bas-e-f--oo elevation by L -
14 (71�.j±j],1MA I-nsarl-an-c--e-lnsjlg��Lon
----- ---------- - ---- j-----------
15
21 L ----
16 (1 .
17 The below base flood enclosari-e nn.rst have been fotrnd i con liance wifli flie Mom-oe C'
---------------------------------------------------------------------------------------------- --------W--------------------------------------------1-0-1,1111y
1
18 11L Img IOUTY�'Y stal"I", Pjol-to obtaining flie cem-tificate the ownem-im.rst
lyM�2L --------- ------------------------------------------------ ---------------- --------------------------
19 YCICOT(i a nonconve 'm n - Cotrn official land i-ecoi-ds on a fonn to be
------------------------------- --jig-een-I-en-t-in flie-M-orn-oe--- -------[y---------------------------------------------------------------
20 m(_�Yid lain Adminj 'Tatm-, Pmr
------ ---- --------------------- ---------
21 I-eceivel-th -1, lementation of"the of com fi-.1, �L)gaM-----------------------------------------i ----------------P_!� jr
----------- -------
22 1-eceive a cen-tificat cti on � TWICCIS'slal- to
------------------------------ ---- ----- ----- ---------------Y-----
23 ensari'e-c 1� liance has, been maintained and flie ownen- mtrst also 1-ecol-d flie nonconven-sion
M-P-------------- ----------------------------------------------------------------------------------------------------------------------------
24 auq xn dery which nn.rst be I-ec ol-d ed in flie Official Recoijs of Mom-oe Co u I
Li-----1,---------------------------------------------------------------------------------------------------------1-1-11,
25 Ien"'_of whi ch the
----- ---------------------
26 COLIT11Y awaTC, (:)WTI _btril oi- stn.rcttri-e with below base flood elc valon 11, follows-
----------------------a -------Lm----------------------------------------------- �' I ------
----------------------- ---------------
I 1Y 27 obtain da-ui fi-om the Mom-oe CoUri J)i c Lly -aisen- Office which will
Aj[g
------------------------------------------------------------------ - ------------------------------------------
28 identi all si I� -j"'indly s, Which contain enclosarl-es, fliat al ideroified as fivirl al'Cla
---------1�---------1- - ----------- -------------------------------------------------------------------------------------------a---------
29 on fliel-gotrrid flool-, Once .01is, dat is, c a staff will de(hrct-all-flie
---------- ----------------------------------------------------- ---------------------------- ---- ------Pa _L
30 gaf!4,
31 tmn sfen- f i l.sly -,!,I[
------------- o oWTI
o oWTI�v ------ -o------- ------- --- 111-�j --b rjl�&ti_g
32
33 (2,1-The ily OWTICITS, will be no-6fied mail fliat in of-den- to I-eceive a
---------------------- -----------------------by-j p�- - --------------------------------------------------- ----
) TI i ed 34 c( U of an.y , jow base flood eleva-6on
-------------------------------------------
35 vel'ify "'�!!Itjpflance wi-01 flie Monl-oe CoUT11y I ��tpj�.-jjn Ownen; will
---------------- ----------- --c- -------------------------------------------------- ---t_L�(_ -------- - - --------------------------------
36 a I s o b e n o-6 l'i e d -0 1 at n on c(m I�111 i an t sti-tr cttr 1-c's' i I�-a , � s,tr b'e ct to c o d e c(m I�111 i arl c C, L L��L T I L,
----------------------------------------------- ---------------------------- JZ��-------I-------------------------- -----------
37n. n-s seek and obtain a cen-tificate of conur ance In"'Pection—and the below base flood jf_owne---------------------------------------------------------------------�fl-------------- ---------- ---------------------------------------------
38 enclosarl-es, al-e deteli'mine(Lby -Ltj� t(I the ownen" will I-eceive a cem-Lificate of
------------------------------------------- --- -------I----------------------------------------------------------------
39 com liance as otrtfined in this, section, This Is 'tj mrl��Lt�nL�y _Pmjrl�T!'.Y_oWTI el s Lo
-------P-------------------------------------------------------------------------axma�c_ -----------------
40 1-eceive evidence that tlle.y g' � t stl-trcttrl-e Which shot'd I
----------------------------------------- ------------------------------------------- - ---------
41 11. muket condition, 11" an ownen- has a_noncon liant sti-trcttr e he (:)I- sjle will be
LY----------------------------------------------------------------- -------------W--------------------!__�-------------------------------
42 notified of all the Telaijil-ed con-ective actions, neccn"S'�-!!Y (�L flie enclosari-e to become compliant
---------------------------------- - ------------------------------------------------ '__L -------------------------------------------------- -------
43 and thall c a] I ed to atrtllol-ize lawl"t'd consti-trction and/ol-
- �n LO alf S _�_�Smm------------- - -- ---------------------------------------------------------------------------
44
45 — ----ir—i—s—.------ ---------fo—l—--a—--c--e----t--fi--c--"i—t—e—--o--f——c—oM '1t--"i—n—c—e——a--c—c—o--l---d——-- —leu-- —aa-- -------
to tmnsfen- of ownen-sld 46 oi- Secti on 1122-115 foi- T L�L�'.Lljjed-1 "Residential sti-
.111C.1,111im's. The cor W 11 n-s' wi-01
47 sti . i 1 1 jp! _�:)Wne
-- - - -----------------------------!.Lly--- --- ------------------------------------------- --------- ---- --------------------
48 com fliant below base flood enclost'ves, aften- sarch
I - -- - -flood-- - - - ----------------------
PC Staff Report Page 37 of 77
File 4 2019-093
5270
qgq x�,M ent-(��Jfll a con-es 1(ing T1 1-11d. g I v en u ents,d
------------ -------------------I-E-1--- 2 --------- -----Mi-----------------
2 allowed below base flood elevation attached to -Ole flie Official Recoi-ds ofklom-oe
- ----------------------------------------------------------
3 --I-'l--e-----o-n--c--o-n--v--- --e-e--m--e--n--t----h--a--]-I---b--e---i--e-c-o---j-e--d-----n---fl- -e--M- -o------o-e----n---fl---e---O---f-fi- ci-a --Re-c--o-a-s--o-f
4 -
jplj ------------------------------------------a[L , (: I ndem-stand what has been y -11
------------- -------- -- ----- -- le
5 cotrn't. foi- ueas below base flood elevation, -.-Ly -.ipjr i-ecoafing
--------y------------------------------------------------------------------ -------- - �!Jcable--------------- -
6 (g _Nonc. pjNk�Ligj vllliic-t-u--i-,e-s----T--h--e--C-o--t-r-r--y-- --ittI --Of--fi--c---a--l--sh-a--1 I A .L � ul fi- -a--n--t-i,d-uui
7 -
Tic I ( I- lal�jp]r
L-12.m-------------------------------------- ----11--o-� 1 - -------- -- ------------ ---------
8 i s--a-c I J I flle--b eio w-b a s-e-11 o o d--e en- ho s,tr I-e I I a s, n o t-b(��e n-c o i i e t�I V �111!2 y�d� a N o n c o n v e I-s,i o n
---------------------- -------- -------R!---�� --- ________ _________
Agjx--x--n--n-e-n--t--e-x--e-----r-t-ed--b--y flit/--o-w-n---n----h-a--l-l--be--- e-c-o-y--d-ed--i-n----O---e--Of--fi--c--a--R- e-c-o--l--d--s-,-o-f---m---o-n---:-
) C(: trnty,
10 New constinliction. Ownen-s' of"New constnrction .0latcontains, a :�y---------- ------------- --------------------------------------------------------------------------------
11 will be a In -Ole Official Recol-ds, ofmonl-oe Cotrnty
----------------- ----------------------- -----------------------------------------------------------------------------------
1,12 i ldictin -'Ll] Ied to be constn.rcted below base flood elevations, fli an
wi
13 acctrl-ate, (fi-aw'n (:)I- site n � 1,
------------------------- --19--- 'In 1,tin I it e i
---Es--------------Ph f
14 n-tificat e,
- - - - - -- - a ce-----------------------LE o--- ancy,
15
16 Sec. 122 17. - VaiHainces.
17 The Division of Administi-ative Heal-irig" "IALLshall llecu- "ind decide on I.glij 01,
-- - ----------M�------------------------------------------ ------------ ---(JA- - -------------------------------------------
18 tion of flie aljea�&y q]-ict jetten- of .0lis, cha ten-, Ptri-sarant to section
---------------- -------- -------� �!Jca<boion o -------------------------------------P----------------------------------------I
19 5 53,73 'S flie DOAH shall hem- and decide on 1-e ljests fo]- val-jances, fi-om fllej�guljjcatjon of
------ -----(').J� ---------- --------------------------------------------------------
u---------------------------------------------- ----------------
20 -Ole-aligg ,,_Ljct lettem- of the flood I-esistant cons"I'l-LIC1,10TI T(X 1111TIMents, of the Flori cl Rui (4
----- --- � tty--- -------------------------------------------------------------------------------�l---------------------------------------d---------L�
21 Codc, DO/' H shall also Ilea]- and decide on trests, fo]- val-iances fo]- at 1-oofed
--------------------------------------------- -----------
22 accc.��ll"�-il:y-a,,,D,i-u..uc,D,�..ui-c.��,, in A/Al--,',Zones fliat ge lal �j-jjj�.-jjj )L) sq, ft, btrtnot1j.-lig �!-fllj.-It� ,�(J, 11" in
--------- ------------------------------------------------------------ g� - --------------------- ----------
23
24
25 T-115, n,�Llt In ari al-ea of
------------------------ - ------------------------
26 s, ecial flood Ilazal-d shall be filed wifli -� i -1 A din I �11-L-,.L flie time of a[ i ation fo]- a
-P---------------------------------------------------------------d-�- s--- ----------------------0�1-c------------------
27 btrildi fl o ]a n d vel ) I ent � 1]�!Voi-dcn- which seeks, a ) )nnal of dev-�jljj---i------e----- -------Jig! - ------------------------------------j,.-j----------------------- -------
28 'I'llat is notatrtllol-ized trndem--Ole aflc�g��&y �
-------------------------------------------------------- uj-ct
29 IT, ,
qljl,1(21ients ofthe Floridc,Bui
30 (2) )N!j-!Jjj )Pgn-]y LI-J'g, I- )A a.ys -�I-,,,SJpt time filed -.-jp]r tion fo]- a
1 fil -d'- ---�A,J- - --sit -j-�Ilit-irm- --- - --------jy-----------� �!Jca----------------
31 VaTiance fhmn flle-ajj(�M�fly sti-ict jetten- of this, cl a )ten- (:)]- of the consti-trction
------------------------------- ------ ---------------------------------------!--I-----------------------------------------------------------------------
32 IT, , I the Flood Jain Administi-atoi- and the l3trildin q�Lllements of the P _g
--------------------------------------- ------------- -------- ------ --------- ----------------------------------------------- ------------ ,
33 Official shall 1-eview-flle -.-gallicatiorl,and sarbinit a Re oi-t and to flie DOAH,
---------------------------------- ------- - ----------- ----------------------------11--------------------------------------------------------z-----------
34 he v ],ian e_g-.1 ][�!j c -1111� y1,j I e wi-i te Io ec tion to the-Rep ol-t and within
35 30 calen dai- th e d a te of 1,j I on,
3) .Hie DOAH shall i-�� je t ie 36 G (v w I _gIaltication and-Ole I �Jlol-ts"ind ofthe
--------M�------------------------------------- - --------------------------�g ------------------------------------------------------------------ ---
37 Administi-atoi- and th J A din Official and-11 a -C:) tion fo]- val-jance
-----------------------------------�� 1110-----g---------------------- --1--y --------- --------- J�jjca<baion foi_
in accol-dance wi-Ol .0 li s, section
39 (4) In I-esolvinu a vanance -
-------------------------`-°-ppflcatjon trrlden- .0lis, section courqy ji d n , 1) a I ing- ----------------------------------------------------------- ---- tq- --- ---
40 F'rivil-onmental Renllotrl-ces and (" � (" i a n c e d e][-,-!, �i n i s,ti-a-6 v e s, i al-----------------------------------------------------------ode------ --------------;2� - ----mIT11 I-etations,
---------------
41 offlie Mom-oe Cotrntyf-i� -iiLlh��I'lo-ij--d--yffi---l-d--i-l-?gf-- dc-,-,-i-n-d----[a M-fi--c--a--b--l-e---f-e-d-e-n---a--l--l-a-ws,I J-l-e-s-
42 --
y . - ___t________e__________________ ad t'At - de o defnence and a ch minis -ative
43 shotrld not be modified (:)I- oven-ttri,ned trnjess cle"tJ 11 sarch
----------------------------- ------
44 administi-ative staff is, wth-n -- m- -W �jj H�,,Lsibeand isonble -nt(, p
----------- ,- f ------ ---------
45 it is
46 !j m itatio iris on vaijainces.
te 47 (j1,j__The DOAH shall base its, decisions, on val-jances, on �chnjcal Lsv_6fications, sarbinitted b
-----------------------------------------------------------------------------------------------------jj�- - ---------------------------------------y
48 considen-ations, fo]- issarance in seoion__1122-117fC.� I this, of
---------------- -----------------------
PC Staff Report Page 38 of 77
File 4 2019-093
5271
| �
2 flie Fjood]pj�-�jn Administratol, arld -Ole Btrild'n Official, variances, for aCCC1S1s0T structures, in
3 A/AL` Zones shall be sa�b ectto flie conditions, in section 11112-117(1-1,
4
5 be considered material or relevant to the-heaxin- officer's, decision:
-------------------------------
7
8
9
|0
||
|2 f An
-------- ].!,y related to a codified law-rule, matter ofrec ) �t�wbj_cb__tlle
|3
|4 �
|5 be characterized as a self-created hardshl - or
|6 �
|7
|8 �
|9variance i
20
2| -Ole Variance is, -Ole minjintrin ", siderin -Ole flood Ilazard and all (hre
22 consideration (:)I and materials, .0lat minimize flood dainq&g
------------------------------------------------------------------------------------------
23
24 i �
25 Consider
--------------------------
26
27 Iland/or debris, mayj��-swe.�t onto o-Oler lands, resarltj lg if additional or
28
29 (2) The to fife and/or pEgf�� (hre to flood' -osl on dall.1jig
30 �3l
3| i i i
32 44l
---------------
33 (5)
34
35
36 (6)
37
38 (7)
39
----------------------
40 (8)
4|
42 (9)
43
44 (110)'I'lle Costs !,-agvernmental services, (hrri 1-1
45
46 O
47 IIl )NqjC11jle1T 91aTLLM9 .11le Variance will resarlt in increased lljb C eXpgrises",Create a threat tojiIjb C
48
PC8tuffDuport Page 39oI77
File#20|9'093
1 112) flle Variance will a fi a 2 -i-vileag denjed to ano-filer
---------------------- ------- -- ---- ------ ----- --------------------------------
2 1�u av Aviv obi
issulaince, of a Variance for acCess&r 3 _,�.'o inditio iris fo
a !g,EKs in A/AI, Zones. Variances shall be
............................................................................................................. ............... ...................
4 issared on
5 Strbinissic�n b -fJ e a li an -oviding-,-!, �g�jjjy
----------------- -----y---1---- ----------p]----------- -_�_lL
6 111al''fl, !I[ -------------------------------------------------------------------
--------- 2plicant wotrld inctri- if"a Variance were,
7 flie F)OAH fliat flie, strtrcttrre, meets, flle definition of for
---------------------------------------------------------------------------------------------- -------
8 1 1 aria �11� ��r 1, n', and is, trsed
--- --------- --------------------------
9 a, Ule g.rest Is for flie constn.rction or sarbstantial I rade Wet
------------------------------------------------------------------------------- ---------------- ---- ---- --- _,_,___ ___
al a sla i_acces,,,�Llly trtrcttrres -filat is I �ILi )�L sq, I btrt n ot I L ) )2---- --------- ------------------------------------ ��_btr �MG�d_�atla�Ca
b, a I
:111-��_sents minimal inves"Iment and has, ](:)W- 1 11 a� t Ll L�a 1,
----- --------------------------------------------------------------- ---------
13 c, Are one stor and have flood
y accordance wifli Section 10222 of flie Florida
_lei --- --------------------------------------------------------------------------------
14 F- �ir.iWiTI&C _[odvsjde mtjal,
15 d, se orlateral fhmn flood loads,
- - _ _ - - - - _L W-------------------------------------------------�rl_g------------------------------
16 e, Have flood (tIaLc�� I a,ion M
------- ------------------- --------f,.�jjj
17 fo_ot,
18 Hav e-11 u ecl,lan i Cal lbjllw and ejectrical systems, inchr
________ ---------------------------------------------------
19 to or above flie base i � I oot,
------------------------------------------- --------------- riL_(j.,jj-------
20 �.'o in d J,1,ui_o issumince, of otheir vairiances. Variances shall be issared,ord jp),i2Li-in s fo i Yj
,''-,.................................................................................................................................................................................................... ..........
21 (11) S-ki-d" J( n--b __-fJ l!Jcant, of a s, lowin of ,q�fflficient !�!�t -filat flle trn, LWI----- ---------- ---------------------
le , te findt Com 22 Characteristics of flle size, Con fi, -.0-L slay --------f.2jance wi-fll any
------------------------------------------- -------- --------------------------
23 provision of f1lis, C, argg� e re aril-ed elevation standards,-
----------------------------- ---- --1------�l---------------------------------------------
24 (2) jjj atior -by tt�� fliat-
! 2--------!q -------- -__ __
----
25 a, Failtri-e-to ar ��,urested Variance wotrld resarh, in exce tional
------------ ------g! -----------------------------------------------------------------I-------------------------------
26 C C -_�j a] Ila]acteristics, of f1le land -filat render flle lot tr able-
27 increased -ements, or Inconvenience do not Constittrte Ilards'llip-
-------------------- -- -----------------------------------------------------------------------------------
28 b, The a Variance will not resarh, in increased flood fllreats to
------- ---- ---------------------------------------------------------------------------- ----------------------------
29 la __P!j�jjC_exjpg Create, ntrisa ce", catrse fi-atrd on or
M-Ey ---- ----: ----------------------D----�Ii-----------------------------------
30 victimization offllejl!j� - Conflictwi-fil ordinances'-
--------------------------------- ----------------------------------- - ---------------------- ---
31 C, The Variance is flle minimtrin necessaryCor sidering_.ftg I az,a-!,Eitj,o afford refief"
--------------------------------------------------------------- -------------------------
32 d, 'I'll e n p c req!j��,,qg i Varian ce will not resarlt j
------------------------------------------------ ---------------
33 ve C ofrise,and debris, and
34 eff,�Cts of"Wave ble� ex]r
-------------------------------- ------ ---------- ----
35 e, rig---lL_ft�---ii_(m,sted---varian-ce---ivuincreas-e-d---
36 (�1TRIM(N-ated trrider Section1122-17
-------------------------------------------
�d ,
37
38 trrider Section
----------------------------------------------
39 g, not resarh, in increlm,(Xj P!j� �Xjpg L at jjC e
-------------------- ---------------------- --------
40 a C r victimizallon
lic Ileal-fil and safety -.-jjji.rbljc ntrisan e� r catrse fi-ai.rd o
----------------- ----------------------------- ------------------------ ----------------------------------------------------
41
42 e jg�.-!,Iltj n will mim, adv(N-S,(�,j tj] C I(NNIU,
------- ---- -- ------ ----- ------------------------------------------- ----------
43 in
44 G3) a sworn or attested and notarized statci t b -fJ e t -filat -file, Varian if"
------------------------------------------------------------------------------ --- ----------------------------
45
�
46 lat it a )ears in flle Chain of title of flle affe ue d c, 1L <bull
an d
47 (4) i s_jgj , for a variance to allow Construction of-file lowest floor of a new btrilding., Lr
-----------------------------------------------------------------------------------------------------------------------------------
PC Staff Report Page 40 of 77
File 4 2019-093
5273
|
2Written notice
3 diff�n-ence between flie base flood elevation and flie devation offlie lowest floo ,,a,i
------------------------------------------
5
6 and below flie base flood elevation increases, risks, to ljf� andjp-.u) -�Llj
7jance determination ma 1122-119, The
8 fcdhn-e to-timely -�Lglg I.Y � an a ) )eal t,mder .01is, section shall constitt,o,e an in-evocable
9 j i
|0
||
|2
|3 (n)
|4 final administrative acti re�
|5
|6 its, exch,�sive discretior a[
|7
|8 tribi.mal
|9
20
2| �
22
23and F"Tivironmental
-----------------------
24 staff of flie Monroe Cot,mty
25
26
27
28 Mjce of a initia b� a real p ).,�g ly owner who has, received a
2911�j),Y�Iitten administrative decision fi-om the Monroe ljnty �,�Jldjn Official in his, orherc a -!y
30
3|
32 final administrative decision of flie Monroe BlEdin Official in his-( r-11 s, flie
33
34
35
36 covered b
---------------
37
38
39 COMMI'mi
40 � � �
4| in a i
42 `
43 ALinterest
44
45Its
46
47 Flo( rj!�,-jjn Administrator nnjst be filed wifli bofli flie Coijnty Administrator and wi-01 e 13
PC Staff Report Page41 oI77
File#20|9'093
| '30 calerldar days, of flie final administrative action, Faill.re to file salch a ) )eal
2 wifli
3 final
4
5 Code, stwll waiver shall also constitute a waiver of"a r �;Iqs t(�ar a , .1'related decision
6 of'the Director on the basis, of'the Building 21—t�jtqt's s axate bijt
7 related final administrative decision fliatwas, nelver-pEgf�� y
8 (j�.J-The notice c�f-a ) xml nn.�st be notarized and mt,�st inchxie flie names, and addresses, of flie
---------------------------------------------------------------------------------------------------------------------------------
|0 associated
----------------------------------
I|
|2
|3 j
|4
|5
|6
|7
|8
|9
20 be-tol-A-d ' riod in which a notice o ' a ) xml has been deemed im
2| flie issojance of-Ole final administrative decision ald -flie-fifing
22
23
24
25 decision is, issa,�ed onm
27
28
29
30
3|
32 to the shall have nine day",
33
34
35
36
37
38
39
40
4|
42
43 f�-6tj
44
45
46
47
48 itj
PC Staff Report Page 42oI77
File#20|9'093
5275
1 atl � b�,atl Md� a �Gu V �b M watl Nitl Q� dG:h d C' atl N NCatl d atld atl adatl bMIICITY )(NIJ O I I ' saa _g-d,y
2 � ia b b < � b 6u a a ed
`w� vi �: ��
3 in dun-thi_ <liic ild_a�le_<b�����iur�istr Live de isiour�_<bl ��_aled_ Ville Ilea iti-g��66���_�_��u<um y <bu---.
4 Dunuvdy iidiDion, review sal dl i_ertificaiDigin,
5 CWi dmily _�h �ul�l��llll��u�� ���uu����llv� �����u�llll�uu�� <b , �ul��ull- an '��u���:�u�� ����J] �ll� �� ujl2o—th— __eats
6 �ld_a l M duuu<i <b� uu ,a <ba�v � � , � d �:vv o . uu� � u� d � �<b� u � , <bl�<u�boy<-.-Is i S�I���r�roe
7 C__��uuur1l--�_lg��o����l<bin Administrator, �_1��e__�_ot, �o�� shall have _ 0 a <bl�_ur��,�,a dc< ym d�g���� a���__,v��<uo�e -Ole
8 �11 llll�uu �' notice of �����u���ll �� d e rn ��__���rv� kv illy �u_jj t tju uvll filed corn ���1, and �_��u l�ll���� in
9 which—to_ i __se v_d___<b1d__il<irij- -`'--<in d---did e witl1 1-1)0A1--l---a11---s-taId �u21-js�_ __11�a teria1_`'___01- __fin-alm
10 a d IIl s i.0 Ls ai_iv- _d�d C i-si-ouu .d dui am uu !on,
_ _ _ _ __u_ __ .ya _.
11 dm _ i�ovw _dim �ml <u�� Ov __0��1 _x]_-o--r_ml���v�o��_������,��muu<b �o_aw o������_`_m<b--ve njj _-m 6- r_<b 7r������<bo�__,Ovjef'm_s a_6_o-vili iuu_the
12 dg ��<i_ uu� ,i �1� �<bo i � �uu I'lle ,�<b �d � 6tial 1 �_��_f'shall b �,�_r ed uul��i:� a d��y <bD�i�����v.
13 ild record_d_dli Monroe �__��uuu_rgoy gjjr j d��vy�_ ifli_ ����AH i-Olin a _30 � <bl�_�r�dar ��a , �)I" notifi�_<boion �)I"
14 u� �a<bu�� o sa ll �ru�:taro z d ur oti � (yd <bl�l)eal_ -�he Answer wer �. r_i�_6_�,hall b served�d uu ���ui �1�1����<b
15 <idud 6�� v, �o �o �u� fD� <b ��<b �<umy , � 6 0 difl-ru brvse service of a�vIntial l3jej _ _� �lI-_ i _ __ _ � _ y.
16 va served dy� Monroe C,ot,uagLt i � � AH -Odn
_ v � - � i
17 d 5_dda ,_()I flie iIj ig aivuCt_rg-MvMudv_ivd: adie__A,uiswer died",
18 (1 AH—filed brie ds ,hall contain 11' lbw
19 a, 'I'Ivd_�mdydC
20 b, The Case urit'm bi a
21 C, 'Thvrb� e of ���_p-.bja v _ _ �22 d, Ill 1_1g1�aI < dvdvr _D�`�la_-�a�<brl�6 oL�g�j Ov!�j��vdv
o i _� mon djjn i v�
_-_ _________ � -__
23 gib,. `I ll e el ectron i C or no on _l c a � u �,_s,1 �ru<bauuv __� 6 a v _m1�< ,� d �� o _Ov �vd and
24 1", A certi fiic_ate I s,er v i ce fli<ba_c_(U..jje ,have b een d)ur�nished a:a]I—o-Ol(_ �<b�a��I-LI vo��� _<u1�1��_<b�n
25 2,j_/d_dd_jnj tial dlliC I's shall i contain_fliC _dgidldvvyiuMi Mm
26 ` `_1 _-_ -_______material______-- _M---____ _____---_ _____- __ ____ _ _ _ ______-M_ _______-_ ___------
a"u.. , ,aauaC' uuCurua cud audd �� , luo,ed_r_,_a,u , cud dauu a dd aduCrC auuC. u�u�uu�uC aduC initial D riel �uu.uu.,d,,,
27 n d j C aua -.
28 b A_c_ou�cis— -,ateni�en 6_a Ie uu1-tiII�.ate—Ia, as,_aIIeag_tjn C_Iuud�uug 0 ���jI'i 6<bCts,, .01 <b. �eIIant
29 contends, reversal l Q final cCYinisQrafiv a Ql�n, _ � _ Bnd.
30 c, An C xhauijstivC s atldCmen cud audd am ig6fic ](:)Cal Code sections,_ G:CC�dbuMatl MC( m� acdsldC cdsidVVdC S o
31 idvuiu �tf tiv rules, ri llll� �lddlv r � R (-.'T(,d oltv �3iuii .....................cu 'a, f- - _ ,_ a v _ _ d _ �_d _ -__ ' d _ n .
32 uCnuuu ta i_V a au_) _ rC hxfi_u < dx ll < o : ydld lv od said yv<______-_- ______ __ _______ _ _____ ___ al1l - 1 l �� _ l -
33 . q,tlLg adtld_g , Lj!)jr jst adbv( rt'd as
� l ' - as
34 �ljml a Notice. I MY hall take lal rdld �)6 any v -Ljg Borth below when a l _ w il_ � l_l lll_ _ a
35 it<.iEty_llliiril<idy lli�uo_ddluii, ddil ua_ab ud -givd_s each abd�vd1,--l<liay_avvuMld_��vi�uo��_ i �ri�uai_dv_l:)1 o�li_ivliuucn jiigl-
36 'yich is filed with di_hebiu _diddddr, �) enable the adverse e the Iex i,ild, i i - id i_ u _ _ __ - _
37 <idud duuiiiii,dvd , oiC lgiuuMa ial ,uuddidi io_l uduulll<baMuduuiodl u<b0 � _ia_a_ddo<bd_w➢uuduuv<b�uidiaild__dld odd_duMu<bod_d.
38 .Il. _ l<_d iduv<id�yM_uiv iaMuMdiidOvv liil uu�il ud uDabDddwvuuv dii<bd d dvddu u<b ll , <b �d ld ,lluuoddiui, cud the
39 l"�/d()m-o: <__(_druuuidy_Boa Board dd (_diuuuiD _ dl iu invr,S11Oru(_i`,_
40 . _ 1 w_ i � � l � d � )uuiu Code ��'
_ ddydenfie ra d - µ
41 Ordinances and_S�CduuMddgi<_�_diuulidy �<b ud� d�d_vd_d�ldiiill�uid_�_ode,
42 2. _ l<_d idur <ld yw�d d---- -ddy- v lii i i�uiiuD d do<bDlii i ivD� d d_dii<_`m 1u�i�ii i i, _------_ ulyIvLjsudr ds, o Blvd_S�I�ynro
43 d__dduuuudy_ _diiiiliiviv a ,ivi__ �<Muiu.m
44 . . _ l<_d idur ab11ywiddiuoddudd_(. y lidiu i�uuiva d oauoliiui lulivvu ,idvu ,iuu o ie Fl�ri��er ffi i(c di�ld U �dc�
45 (_5h5jild_drdu Cal I;yM_ud�d_uioidddv�_(by_mlli�rilioi�ru_d__cl abolgiu;i,j p!ju �i�_ "aba_u_uadiU l<bvu!_<bnd uv ,di�uuaudiuir, of Ole F lgii_ud a
46 1_vgil,dau_ouuii_ab ids a l diuiiraudi,l,iyd a li liuiav� o<bod`m_.
PC Staff Report Page 43 of 77
File 4 2019-093
5276
--I-i <1-I I ---de--n--t-i--f--e-d----- - ------- ------- --i-n------o-rm---c-t---o--n
2 --
w---fi------ -----s-t--a-t--t-l-L�Il -,iE --1-1-l-e-----jol- -d--a------- - - --a--nd--fl--e--- " itIaLn
3 ,
in -file Code (:)I" Feden-al 4 (21-511_r.Jfi 11 identified (b.i -y--------------------- ---L� --- ------------------------- --------------------------
5
6 f iddlfi- <iIIy j I r- D,--II i I e---,--(-:)-I------ in fl ljojdaAdm finis ti-ative
-----------------------------------------------------------
7 (7-ode,
8 11tri-sarant -S-elj oi�th-i-n-fld-s-sar bse-c-li-on _a In aa ficial
-------------- - ------- .. --------
�!,, -.01 Y--
�l di q -� � !�� (�, -�,Ig cj Igb � J,9 notice (:)1" 11 1 aqeys, Facts, that al-(�, not sal'i-e-ct - -----
- - - - 2 -�nylng-m,� ---------------------------------------------b - -
10 acctrl-ate, and I-eady tion hy - -!,�) sotrl-ces whoSIC., acclrl-ac u-1,nnot be (pj��,qjoned,
---------------------------- -111ing------- -- --- ----------------------------------------y --------------: - ----------
A
11 ThIle. In co of"tinle "in j][ �,Lst file "i notice of'
----g-------------------- ---- - ------------------ ---------------------------- ----------------------------
12 sum atlt-!�!n den- s
13 be inch.rd -Idjn t �1--1 -iod (:)I tinle trnden--fids, sectiorl� day -11le act fi-om Which
�i file _Lff
14 acid ie c-ILLI ast day-L-k��udqd shall be in ch.rded
shall not be inchr e l-d-e(L-I'li
15 trnjess it is-a-sattrl,da j.nda, ay -'s -I'Ll-Ill is, defined al, Fjojda Rtrje of".1tr(ficial
-j_�--- - - --------------------------------------------------------------------
16 in Which everlt fll(Lj,.�ejod contintres, to njn trntfl 111e, next-day -Lt�g,-L is, not
------------------------- ------- --------------------------------- ------------------------------------------------------------ --------- - ----------
17
18
19 (jj�jKEjice and liewHi .The 11 a]jrlg�ltficen- sh'-fl] setthe tinle "ind
--------------------na he 11i< ---------------------------------------------
20
21 no elec,11onic,addli-ess,of'fecofj,swch wfiften notice shall be scnIItothe.rta, stfeell addli-es's,offecol-d
------------- ------------------------------------ --------------------------------------------------------------- _qy'-�------------------------------------------
22 The heal-jr g,
Ljsj,.�!!�jj , ,�,Stre a n L��L, �-I,]-,y -IL
------------------- -- -TWL2L11 Y-11
23 IgN r � ,�Ly � deten-minatiorl -,j,,:,f)gcts, of'-file aru ml,
- - -g-------------------------- - - -------------------
24W Sill bill ittals.
----------------------
a jp< ---------- -------------- -------
25 final-o-l--d--cn--s--W----t-h-n---a---t-j-Ile� d-cn-
r
26 -ujken in an -fids, section, No sarbr be issared-�L y "Jigt!
------------ .. ---------------------- ------------------------------------ ------------------
27 1"(:)]- doctrillents, (:)I- witnesses, trnden- flds section, No testinlon shall be takerun-anig) eal trnden- -fids,
--------------------------------------------------------------------------------------------------L LY------------------------- --- ----- J�-----------------------
28 sec-lion, T nd I"(:)]- I-efief`not I-aised in an ini-haul bi-ief`is deenled abandoned
- ---A ----------------------------------------------------------------------------------------------------------
29 and waive Lar c j la not be mised I`oi-flie fil-s-1,1111W, ly A
Y- -i aTL -Ije ",
30
31 Sec. 122 21). V iolatio iris.
32 (jij..y iolatio iris. Any de- vf-1 um!Ilent -filat is not wi-filin -slid- -
33 Pgn-Col-med wi-filotrt an jssared-Cotr Yl 11 jL, -.-Ijjs non,", itapliant jjl� ----------- ------
34 (:)1- in conflict wi-fil -filat does, not-sti-ictty and fill] c I wj I -fj j s, c la r-1
------------------------------------- ----------- --- ---------------------------- -------- ---------------- -------2-----1------1---
35 constittltes, a Violation (:)I,flds, clam� j I
- -- ----------l---- - - ---A-b
36 C(N-lificaw.'j, x] I g�,It'e lj]L� -q!jilc j I j cal'i on
---------------------------------------------- ------- ---- -- ----------------
37 (:)1- ofllem- mil etent sarbstantial evidericc., of' coill arlUl Tcxjj� (:)]- -file Floridy
---------------------- f2!j (Lly--- ----- ------------------------
--------------- -------------------------------- - --- --------------- --
38 Ruddi constittltes, a violation flien-eof,tr
- t t----------------------------------------------------------- -JA,
39 b j i fliat violation of'flds chag��.�E i (2E I 'On Lt",qj on s, sejotrs flueat to
-pE(jyi�j ng-L JEndft g�
------------------------------------------- 1: p- - ---------PE� - -IL- -- -----------------------------
40 a viola-lion of'-fids, is, and shall be held to be
- --------- --------------------------------- -------------------------------------------------
41 iTITIven-sible in n attr i-e,
42 (jj)_AutjhoiHt th"it is, not within the scoj,.!� the Fhwidcl Code btrt fliat is
--------------- --------- ----------- ------------------------------------------------ ----------------------------- ............................
43 -fids, , detem-mined to be a violation of'-filk,��t-by------------- ----------------------------------------------------------------
44 Administmtol- (:)I-his, ol,I ef-desi atrfllojzed to sen-ve notices, (:)I"violati I notice's, Qbd-c- ----------------------------------------------------------------�2L�------------------------
45 cease and desist stop IS ted to -file owneys, of"-file
-------------------------------------- ---------J. -- ---------- �ii�ulod_d� o
f2L(,)J!_Lty j rl v ol V,��Lt� -_,�Lty ',!,2 Jdenl,�L -�,LA�.------------- -.pEgJ2� ..�2�yn�- ji�-!,�- ----------
47 i
e �-foi-mance of'flie woi-k, The
-- ----- ---- - - "o-I------- - -------- ---Pg-----------------------------------------------
48 F I o(AI)l ai n-A(in)-ind s-tmtol- Ile]- fllol to s tati on s tj on s�Zed em-ye-ci
PC Staff Report Page 44 of 77
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5277
|
2
3 meth od a e Code of Ordinances or Section 1162 1
4
5
6
-a e I av rlg..� erved WJ-01 s, work order or cease and desist orden, -den-ing tj]�-�,t
8OL
9
|0
|| � �
|2 � �
|3 j j j
|4
|5 after havinu been served wifli a notice-(: 1 1,hear' Ig or notice, of Violation Which inch,xies, a
|6 notice
|7
|8
|9 "on has violated a cease and desist o-der t-at v
20
2|
22
23
24
25 zable
26 and enforceable-by -
27 cor en
28
29
30 lea
3|
32
33 Ji jglj�,�jtiy�� fief. The ai..Fflior�zed to seek affirmative, or ne&qly�
34
35 cessation
36
37 gjtFitable
38 �
39
40
--------------------------------------------
4|
------------------------
42
43 fin-es,
44
45fol
46 contracts, for sale or I" n--of �Ls .01in sj!��.Jal flood hazard areas in flie
47
PC Staff Report Page 45oI77
File#20|9'093
5278
|
2
3
4 "t-11,001) HAZARD WARNING
5
6 Ma
7 � i
-----------------------------------
9
|0
||
|2
|3
|4
|5
|6
|7 sawli bijjkf�tigs I I shill be desi ed and constructed in accordance wi-01 flie flood
|8
|9
20
2|
22
23 Il
25 a In Zone A/Al", flood hazar( area -e .01an 299 s, ijare feet ma
26
27
28 enclosed wi-01 The size findtation shall notamly
29 enclosed aircrall, below residential hjl��
30 b, In coastal I i hazard areas Coastal A Zorlen,,,�_not more flian_299
3|
32 (2) 1 of"299 s,� ijare feet or more below one- and two-fi Lty_�t�Ljjtl�ys
33
34
35
36 (3)
----------------------------
37
38 (4)
39 j
40
4|
42
43
44
45
46
47 di
48 i
PC8tuffDuport Page 46oI77
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|
2
---------------------
4
5
6
7
8
9 j
|0
|| Wind
|2
|3
|4
-------------------------
|5 - --jillit lg�, -,-Iyg �!-j, -'j'Ll sq, ft, and have flood opgr1ing", acc ol-d an ce With section
|6
|7
|8
|9
20
2|
22
231,naten-ials, trsed below flie base flood elevation�nhr , --(j I foot,
24
25
26
27 i
28 essmy
29
30 ASCE 24 j
3|
---------------------------
32 0
33
34
35
36
37 (Ilconsistent wi-Ol -Ole need to minimize flood damagg_-�,I��t i-eason ably
38
39 (2)
40 j
4| d all
42 (3)
43
44 §tl-trcttrl-es,
45
46
47 (Il
48
PC8t*TDupor1 Page 47oI77
File#20|9'093
5280
| (2)
2
4 (3)
5
6
7
8
9 Il consistent wi-fll flle need to minimize flood damagg_-�,I��t � I-eason ably
|0
|| (2)
|2
|3 dan
|4 (3)
|5
|6 §tl]trcttrl-es,
|7
|8en -s te waste di
|9
20 ian
2| floodwatem-s' into flle fi-wilities, and the fi-wifities, into flood watc-11's, and aE -IjIL(:)I"
22
23 and manhole coven; shall be sealed in a sindjal- mannen-, Semen- � stems,
24
25
26and ASCI
27
28
29
30
inte
3| IT, i
32
33
34 Ilazai-d ai-eas and Coastal A (:)I"sand-(ftFnes,,-(trnejj -es_a Id man Mne stands, shall
35
36
-----------------------------
37
38 � �
39
40
4|
42 (Iij..f"eineinfl. All Ilomes, installed in flood hazai-d ai-eas shall be install d j�y
--------------------------------------------------------------------------------------------------------------------------------------
43
44
45
46
47
_11±�qq!jt4LIjoins, All new Ilomes, and
48
PC Staff Report Page 48oI77
File#20|9'093
5281
| �Il
2
3
4 (2)
6
7
8
|0
|| anchol-, ent is in add
12 r8S�tanC8
|3
|4 j gjjbe elevated sarch -filat-flie lowest flool- and mechanical oi- above -file
|5 elevation I
|6Section �
|7
|8
|9
20 ffl.Ajt�titio iris. Solid wall additions, to mantri"ictul-ed homes,
2| (I)
22
23 (2) The addition is elevated as, i-eatrilxxi in section 1122-28f, I, a,
24 G3l
25
26
27
28 j
29
30
3|
32
33
34 i
35
36 Il
37 (2)
38tmflen- is on whee
39
40 i
4| i
42 �
43
44
45
46 col
47
48gag t_janh�i
PC Staff Report Page 49oI77
File#20|9'093
5282
I IT,
MaurL_uuu�_�ud�, uu�_�,ection 1122 0(u_ju:�d_ftjs ��<b��d�u �,hall,.
2 (]I( u_1 enyd_ted in flood hazard re ,_�.���uu � uua�u�a a�u<uuu u��<b ,a<b� �����u�u<be<uru� areas<b , and Coastal,a<b� .
3 Zone m. _mluu�v�u _u u u u<bu� <b <b �� � _u __u: g a um _�� ,u .Ty�r� _<b ��__� ,auuu�_au_u __auu Jp _v _uua:
4 flo- tl�diorl� Col aC' Gh� �sudC�stl� ��GhVC ��en �u' aVV�ub�M� ��Gh �� VAS���G:h�� �Mstl ��b� stl M�� VAS���Gh"tati loads,
5 u(uuu uru u_�u�rditi��ns cud _ie u��_si n d�����u� _in 'AuL�ttti fli�__eff effects, uuu D�euuuu ab u�� <u, ,uuuuuu � a�u�_I"ink is
6 urrul4uav abxutl a'lry vllua lam � l�rrrru4_�rrrruu ulurr�m
7 (2( uul_,Our
8 tanks, uuu flood ��<bzard areas u,hall b elevated auk or
9 above g(�x_vl_v ,ullTyu d�uvuvul �_(�_v<udruuui,ab�rd attached <b__,uul�l�uuuu��u��__,a�uu,� auuuv__a(�<uu_u , ��� ,u u�v�__uuulu�vvvLo,
a uarrr a Col vvr lauou_uab _ movennerua v4uuu� r uuuuuua�� � 6 avu ��vs gt 6��2L dank ,uulul�u�u�u u 10 11ry
11 aMrMu:ur luuuv , ,(u<u((meet flur_6uuuu ud<u4uuun u�muuuu _uuu _ uo , � 6 a(u__<Mg�vujjc cab] �u<be<uuv�,_<buv_<b_.
12 (ij a1nlu inlets and v%�Win T<nkvuu(uDum�du��u:���uuuu ILL;m�uuuuo(� Du, <uuuu� vuuuDu, ,�u<b��-�<-a.
13 (11( o_u above fli __de"'��.�ru flood elevation uuu fittedwi-0u Covers, d�sj �ruuv�__o(u_�Cuu�v�_pt.11uu__inflo of
14 11oodwab_(vr. or rru_u(llrvvv rrl�� alre_ a_r;uuuax_nts o _o��1e taurks,�d uu�u ��wa uuuruujjti- -n-s-ol fliuAe"j_ uru fI('w�'��<uuuu'�.
15 (2( /'�uruu_(uu)Tvu�__du:� luuvvu uri d__late_<u( v�movement �dvuu�_ 6_u�uul;1,_lly� uuuI u-,ij)du_ a ivy_lly� u� ,_Datic l_uu<uu�s`
16 rurua_luxt�lruru _(l�uu ejl'� ' aim ��6_�D�uu���wbuua'v v�uuuu u�a �;:u uu�uD�i;� ��m o _Ole u�esigtujlo��d'
_ _ __ ___ __ __
17
18 Sec 122 11 Otheir DevclNtmpllluWiuw� I lly �12v1 r llWd in this 'ha v�lWi�
19 t w WiuwtWi� vlN ivaWtlu�uimvW vuWiuw�v tlu l�tI��utWiu_dev%uW1Num �t�vuWin All d vv�i� uu��e vLjruChFduuu ..�_Deuuo uu�d ��tuu�uu_u�_uuu�uuuan-
20 made r lra rod o uuur�i���v�����w�v� uu<u� v�����vuuu��7�__� ua�uuu�� a uuuu(uavv�m 6��� �vll��a �� �q'. u_ _jfic.
21 luu,o-vj-si—on`m aare_,v�uuu_"muCigC-jduvu�_in---Ouusm_a l-I—apat ujv_oj A for idy-B-'uiIdiI1"" e�c��� s'I1-aIl-
22 (11( a <bv�duu�I �uu<bavt <b ld�Constructed uu_d to uu�I�ru�u�uue�_ flood ��<uuvu<u&<"
23 (2( l a 4<uuvluu��v auuruchol _u___ouu _vuuvvv �a__d;�uuo<uouuuu �u �<uuu ,u___� u lateral movement a �t'I u a 6 uuuuu
24 4u �u uu�mo�<uD�ua (�u<uu �m v ua (uuu uuu _Ovuua 1i'_a__�.uuuu� e _auu�_u(uu� effects, u�d__ i'Lg�wbuua��� ,_v�uuvuu� wa uuuu��ua�vuuu�m o Ole
25 du_,u a t'I LA'."
26 (. ( luu_r r:uru�,lruur aed o dlrrr�d dI'LLILL IT's " a n rrrabaeriabls and
27 (4( ��<uvurruu_u��<b u�u<b�Ty .lr(uuull�v u�,_<uuu��_uuu_u_drui_al s' uu_uuu. , <u_Ovuuvu D(uu _uuu_,u �ru floot�_�lrv<bDu�:vuru uuu ul;ur et fll
28 a<_4 uurrruuuu_nts, oI"AS __lG _2 4�_c_xc _o is uuu�wru uruuuuuu electric �,uu_vuu_u_uv�uuurr_ed o <bt�v�res , fif safety
29 auuruu electric Code D�v�uvvv_o�uu_,�'�u�mu r 64uuuuu4,r(vv<bouuuuu �uuov_uded a�x<b_a�_it
30 a_uuuulg�rms'_o all of_he111-Llvu�,uuuurs' o h u_4ectl�Ca 1�<ura�v4 Ovuuu�v�x a wu uuu4u uuu u�a���u uuu�x uu uu u uuu4u�`,4
31 for %vet lara.,<u:a'.4arurrs"
32 1N1 vv used tv 1uI�vvi4w vtv1 1Wirw11N1 1u�iu W Nvvlli� 1Ntti4wlxiuw 11W I v 1]Nl�v tt L.pill.ios and
33 sill)rlN lir IF lmr v� xhr lu��r 11N luwlwv rr l�llt �111 ll r Ill 141r1 lir tie lW l tmir tw ijind :�lastall "lhr�tws. 4 �
n
34 addition our uuuu_uuuu <u44 rvuluurrruuuent, o air Flor_i du zAu4c�L&' ( �uc4u> due u<burx� , uuu u�:u a vur uuu 12<uua_ vu
35 a arabacdabl lrr �lr hazard areas and Coastal s abl A �GrrMC`?_a GrrMa ru'4r clabVd c Vuaa(d� atlam raurl�r u � �aral c C �a lar cVurr' l�ararr ,
___,___________ _______,_,_ ________,_ _________ _______,_,_ _______,_,_ _ml_____,_,
xa rabdra:raa and similar 7GrrMaadr.rua dVur.arl ruaaes are rrr.�rritted ber�ea th arr. aril aba C'-ad':36 au------M wm _�_ _� ab ab ' _„l _________ _________ _________ _________ _________ ____________l______ _________ _________ _______--
37 uo bi.61(fi u , <buuu� ,4uuu� duuxu_, luuuvvvu(u_ut 4(ua t fliv_u_on rete ,lab , abxr__uuuvu(u s-,ionabl4my tax ,u uuv� au uv�_,4<uvu duu��,
38 a.°a�r rumor aua.,d:r;�la.arr;:
39 ( 1luuua_Duuuau�4 �u u�4uuluu_uu4u_ul_�rd u(uu_d�uuu u�aba�uu a�ma,uu_uuu urd u(uu �uuu�u4u r vur �,uruua au u�u"M:
40 (2( � u<b r� x <bv��_Liu 2 r.r rurud�rr.a uv� so a s o rrurururrr iz ��r��br ram ���uur uurugwd���vuu�4unu�a�u<bl ua,a <u l,b��lx u��8�� a <buu�mrnu
41 amr gururfia aural'u�laurrrau (r' oar auur �uurl.u'�ruu � arr. am(ruua l'uurr
______ ___ _____�_mv _________ _ ______ __ __
42 (:3( l <uvu au mauxurrutnn slab dl�rr(avrruess uud_wr�i:u_d uuuuuux la n fotn_ 4 uuruu_4uu�us"
_ _ W � �stal ig ��azartl are,s � tmrwtW rind l tmistallA "twines In aiddi ion oar h 43 r vtr I�rx trwtl 1��lmx rrw r tm tx�.t1.. Il r� ll Il
44 a (C ub M atl�� C�uVurr C u uu M d a of luu_ �_for idol ffifil(ading, �uk(add'� in Coastal a l ��i&tj��itl daub u� areas a s and Coa s-u.-� "�'�a.
45 Zones shall be to aaxt , l "sjorual ] "� il� nd lavluuly gLislru ov � inuu a _ __ _ % _ _ __
46 u_uuuurlu4uauyuu r_u%u%ul4u alit/ luul�gvW'n -_
47 (ll( u(uu,l� 4(u<ul_u , ,4uuuu auuau4 <ba <bc4rvt4_ar:vau_�euuu(uu uuu ,uuuur ouFIT, ,u<bllhave_o(ru _Ourrluuuu red aux_luuvuu ,o:,
48 horizontal st-tF tF bl member above elevation and-any
_ a a a _ - w wuuuuruu-- u,
PC Staff Report Page 50 of 77
File#2019-093
5283
| I'llat extend below -flie desjjg�-L��,�LjLt elevation shall-Com .01 -file 1"o1jr1dation -e,� t,mxnnents -filat
2 glalty to flie bijildi r sllt, I�J,-(-� which shall be desjg�g an increased loads,
3
4 (2) A deck or o fliat i s, I ocated bel ow flie den"i flood elevation shall be stnjc-ujraljy
6
7 break
8
9 G3lfl
|0wi-fil more -filan -file ndnimtnn amot,mt oI` fill-necessaa site draina shall not be
||
|2 sa,�bstantjall demonstrates, no hal-nd"t'd diversion oI` floodwaters, or wave njma
|3
|4 §trtwttn-es,
|5 (4) r-p�.-!,tjo fliat has a vertical -fhickness, oI`twelve 12� inches, or less, and -filat is, at natt'n-al
|6
|7 � �
|8
|9
20 hazard areas and Coastal A Zones _d Ivelo )ment activities, oflier flian-hi.dldin liand strtwttn-es shall
2| k�j��n-njttcxj onl.y if" also aijfliorized by Jig ap jate or--re Ijil-ed 1"eden-al state or ](:)Cal
22
23
24
25
26 �
27 Il
28 (2)
29 si ned and law 11 constrtwted to fail t,mden- flood Conditions, less, -filan -flie des
30
3| G3l �
-sew e treatment
32
33
34
hazard areas and Coastal A Zones-
---------------------------
35 (Il �
36Ca
37
38 (2)
39
40
4|
42 G3l
43 1"eden-al'-or ofllem- state jjjp sand dljne constrtwtion and restoration oI` sand dt,mes t,mdem- or
44TI an-.-�Jysis or Certification
--------------------------------
45 oI`the diversion oI`floodwater o -wa ej-t,m and wave reflection if"the scale and loca-fion of"the
46 dt.me work is, consistent with local beach-(ft.me--i hol M and the ven-lical Clearance is,
47 � �
48
PC Staff Report Page 51oI77
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1
2
3 See. 122 1.Purpose and intent.
4
5
6 sions de e ,
7
8
9
10 flead damage at the time of initial eens4ttetien;
11
13 ,
14
15
17 (6) To minifnize the need for- r-esette and relief effei4s asseeiated with fleading and generally
18 ;
19 (''�)Te minifnize pr-eleng�'�ines;nnte�r�tiens
20 ,
21 i ;
22
23 afe-as in stteh manner--ante minifnize Att-weblight afeas; a+Id
24 .
25
26 patential p4lie a+id private less dtte to fleading.it is the intent of the BOGG that the eett�at all times
27 be eligible for-, and weeive, the benefit of paftieipatien in the National Flood histifa+iee Program. it is
28
29
31
32
33 or- s4+tetidfally alter-ed, a+id ne development shall eeetw, withetA AtIl eamplianee with the tefms of this
34
35 ;
36 ; and
38
39
40 ,
41
42
43 .
44 .
45
46 (SF-AN4s) mailed to Menr-ee Gett� a+id dated April 30, -2011, and a listing of real estate fittm
47 of pafeels (RE list) emailed to Menr-ee Gett� a+id dated November- 18, -2011, that afe within
48
49 ,
50
51
52
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5285
1
2
3
4
5 efdiffa+iee, shall be feviewed tttiIii5iffg the Rtly -29, -2013 FAI&IFEMA SAGS. These SAGS afe
6
7 .
8 (e) Rules for- interpreting flood hazard issues. The battHdafies of�he flead hai5afd afeas Shawff off �he
9
10 these ma-ps for-pr-eeise leeations of stteh betmdar-ies shall be made by the fleadplain administfater-, in
11
12 ,
13 .
14
15
16
18
19 See.122 3.Permit Requirements.
20 (a) The fellowing wer-ds, tefms a+id phrases,when ttsed in this ehapter-, shall have the fnea+liags aser-ib
21
22
23 s of inter-seetion with other- native habitat. Far- pwTeses of this la+id development eade, an
24U.S.
25
26
27 .
28 .
29 Dev4epmew means any fna+ifnade eh Wed or- tinimpr-eved real estate, ineittding, b�4 not
30 lifnited to,bt�ldiags or-other-stt+tet-ufesI eleafing, mining, dr-edging, filling, gr-ading,paving, &wavation
31 .
32
33 level by 9 „r,aatior walls, sheaf walls,posts, pilings, or- i„w r�
34
35
36 .
37 ,
38 .
39
40
41
42
43
45
46
47
48 weeds.
49 .
50 (a) Listed individttally in the National Register- of Hister-ie Plaees (a listing maintained by the
51
52 ,
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5286
I
2
4 (e) !Hdii4daall�,listed off state iffiefftofy of histor-ie plaees iff states with histor-ie
5
6
7
8
9 .
10or-legal ttse as defined in this
11 ehaptef.
12 Legal st-IHetwe means a s4ttetwe that was pefmi4ed by the floodplain wgttlatioa in effeet at the time
13
14 .
15
16 A o o,t-
17
18
19 ,tir-es,and other-low damage items whieh will not stt�r-flood damage or-ea+i be eonveniefi4y
20 !d to the elevated paft of the bttildiag.Flood instifanee eaver-age for-enelostifes below the base
21 .
22
23
flood r-esistant enelostwe,ttsa-ble solely for-par-king of vehieles,bttildiag aeeess or-star-age in a+i afea other-
24
25
26
27
28
29
30 stntetwes plaeed on a site for- 180 eanseetAive days or-longer-a+id intended to be impr-oved pr-opefty,
31
32
33 Bttildiag Offieial eansider-s stteh appraisal eansistent with Weal eans4ttetion easts. Wher-e appraisal is
34
35
36
37
38
39 eei4ified r-esidential appraisers for-appr-aising one to fetif family r-esidential pr-opeAies and state eei4ified
40 .
41
42 .
43 AzoneenAiming st-Fivetwe fnea+is a below base flood elevation s4ttetwe or-a portion thereof(stteh as all
44
45
46 „�;o f f 1. o fo w f 4 s ,.hampter,
47
48
49
50 site bttilt r-esidenees or- a pafk or- s4division whieh is lifnited to fna+1�44etwed homes only by this
51 ehaptef.
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5287
n a single LTSJT.T
2
3
4
5 , of Seasonal
6
sm'-t of eenso';H-ek-on 41�110_-afls (for- other- than new eenstfttetien or- s4stantial impr-evements tinder-
7
8 >
9 1 .I I t or- other- impr-evement was within 180 days of the peffflit date. Far- s4stantig
10 weniefits the aaet-ttal staft of eenstfttetien means the first alteration of any wall, eeiling, fleer-,�
11
12
13 site, sneh as the pew4ng of slab or-feetings, the installation of piles,the eenstfttetien of ealtnimis, or-any
14 .
15
16 ,
17 ;nor-does it ineinde the installation all
18
19 of the main stft et-ufo
20 sli-hsolq4al-damage means damage of an, -Hied by a stfttet-ufe wher-eby the east of r-estaff
21
22
23
24
25
26 elevated (or-flead pr-eefed if it is non residential) to or-above the base flead elevation (BF-E), a-Rd meet
27 ,
28
29
30 se that it's safe to enter-to evainate and identify r-eqnir-ed r-epair-s) and impr-evements to items ei4side the
31 .
32
33
34 " "
35 " "
36 ineinde eithe,
37
38
40
41
42 ,
43 ,
44 (2) The def4eieney was in emistenee prior- to the damage event or-impr-evem at and will a
45 .
46 in addition, for- any repair-r-eqnir-ed to meet health, sanitaty, and safet-y eades, only the mini
47
48
49
50
51
52 ."
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I .
2 c , ,�t��;,�t�, �t; ,� t�, „t.,tawid!; �t
3
4
5 additieffs that do iffefease sqttafe feetage-
6
7 ,
8
9 baildiag fnast be elevated to or- above the base flead elevation (BF-E) (or- fleedpr-eefed if
11
12 ,
13 &iistiag baildiag does not have to be elevated. if the proposed later-al additiall also ineht
14
15
16 it is depell
17 ea the walls and g „rd is of the o ;stir b,ai di for-sf.ttet-ufa s�tppeA.
18
19
20
21
22 .
23
24
25
26
27
of the pier, Wooden pilings shall be iee-ked inte 16 ineh attger- fe�ffldatiells by at least a 45 r-eb—ar-
28 .
29 (d) The pefmit holder- shall provide a flear- elevation after- the lowest flear- is eampleted or-, in inst
30
31
32
33 ear.
34
35
36 pefmit holder-to s4fnit to the Baildiag Offieial a eei4ifieatiaa of the elevation of the lowest flear-within
37 A zenes or-the lowest per-tion of the lowest her-izental s4aet--Hfal member-s of the lowest flear-within NI
38
39
40 the same. When fleadpr-aefing is ased for-a bttildiag within A zenes, the eei4if4eation shall be pr-epafed
41
42
43 hold T--'s 4-4s;-k.�Ihe- Baildiag Official sh-all Zvi�''3' the :0---elevation sw:vey data .
44
deteeted by saeh r-eview shall be eaffeeted by the pefmit holder- immediately and prior- to &Aher-
45
46 .
47
48
49
50
51
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I thereof for- miy flead damages that wsWt fFefn wlia-nee an this ehapter- or- a-By admillistfative deeision
3
4 .
5
6
7
8
9
10 eeittmas to prevent fletatio ally se and iate-a movement of the s4+tet-,HFe
11
13
14 .
15
17
18 .
19
20
21
22 .
23 (7) On site waste disposal systems shall be leeated a+id eenstt+teted to minifnize or-eliminate damage
24
25
26 with the pr-evisions of this eha-pter-shall meet the wqttir-efnents of new eans4+tetion as eantain
27 this ehapter,
28
29
30 shall be isstted for-a*y impr-evements to belew base flead enelestifes, other-than for-demelitie
31
32
33
34 .
35
36 defined in this ehapter,
37
38
39
41
42 .
43
44 (13) All agr-eements for- deed, ptifehase agr-eements, leases, or- ather- eentfaets for- sale or- &kehallge a
45
46 displayed an the deettment,
47 FLOOD 14 n 7 n RD IAI n RNPr r
48
49
50 development before ma-king ttse of this pr-epef�y.
51
52
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1 ��r��G�RG�szirrC-E}iz�i�viC-�zv^r"�
2
3
4 .
5
6
7 ,
8
9 eampenents ,a,,4 , rd tions f fleadi
10 e. Sewer- and stEwm dr- �s' 'Whieh &itefid belew the base flead elevation, shall
11
12 the lire passes cm&Eteerf-iorf-.;,.,>> -SW
13
14
15 .
16 1. Onlyfnffliifnth% F -299 sqttafe feet of the spaee-Shall e eneles,ate=c-tiC
17
18 affly be effelesed with sefeeff of apeff la4iee. This liffi4a+ieff shall Hot apply to Paf-kiffg
19
20 ,
21
22
23
24
25
26 eefnfntt*4y FIRM shall be provided with apenings stteh as vents, lettver-s or-a�40fna4ie
27
28
29
leeated an sepafate walls shall be provided having a minimttm t P-4 A-f A-�--e-
30
31
32
33 than ane feet above finished gr-ade.
34
35
36
37 .
38
39 living afeas eenstt+teted above base flead elevation 4em these afeas of the enelestife
40 leeated below the base flea a elevation.
41
42
43
44
45
47
48
49
50
PC Staff Report Page 58 of 77
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1
2 satisfying the wgttir-efne 3issof s seetio s 1-2-2 n(b)(I) .7., d1-2-2 n(b)(n) of this
3seetionr
4
5
6
8 .
9
10
11 (FIRM) shall haNe the lowest fleaf(iffelttdiffg baseffiefft) eleia+ed to of abaie the base 14
12 level or-, together-with a4endaf4�4iky and sanitaty f4eilities, be designed so that belew t
13 base good level the stf+tet-,HFe is watei4ight with walls s4stantially impefffleable to the passage
14
15
16 deer-ease the east of good instifanee.Wher-e a nonfesidential s4+tet--HFe is intended to be made
17 wateFtight belew the base flead level, a registered pr-efessional engineer- or- afehiteet s
18
19
20
21
22
23
24
25
26 to or-above the base flead elevatiei+.
27
28
29
30
31
32 .
33 Aeeess-ei,�,st-yHe-taes
34 a. Resideff6al aeeessafy s4uetidfes.
35
37 (i) The enelesed afea is 150s"afe feet ems;
38
39
40 Wit.
41
42
43 .
44 within n zenes the ef4er-ia sot f i4 ; g.withill N,
45 .
46
47 be r ,-mitte,a i f
48
49 .
50 within N a r-ements--e�41ined in Seetien 1-2-2
51 ;
PC Staff Report Page 59 of 77
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5292
I (iii) They meet the Othe. as e41ined in s section (b)(1).a of tl,;
2
3
4 r
5
6
7 ,
8
9 ,AE
10
11
12 .
13 (Zelle N}
14 bResefved-
15
16
17 eantains a 14JJP sea! or-the addition is elevated to or- above the base flead elevation. So
18
19
20
21 .
22
23 temper-aty ttse shall be cmeher-ed to resist fletation, ealla-pse cmd later-a! movement b�,
24 .
25
26
27
28
29
30
31 , i
32 , as appliea
33
34
35
37
38
39 flea a elevation.
40 (5) Coastal high hazapd or-eas �Jzzoneo. Within the afeas of speeial flead hazafd afe afeas designated
41
42 fellawifft pfavisieffs shall apply iff these afeasi
43
44 se that the bet4efn of the lowest her-izental stpdetufal member-of the lowest flear-(&ielttdifig
45
46 the lowest her-izental stpdevdfal member-open or-eanstnteted with br-eAwwa-y walls so as not
47
48
49 .
50
51s
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I ,
2 eallapse, and later-a! movement "e to the effeets of wind and water- leads aeting
3
4 asseeia+ed with the base good. Aliffd laadiffg vaittes shall be these feEtttifed b�, Affiefi
5 .
6 d. A registered pr-efessional engineer-or-afehiteet shall develop or-r-eview the s4+tetufal des*
7
8
10 e. There shall be r fill ttsed as stt+et-uf i " a-f
11
12
14
15 ,
16 (hl(I) .3. (b)(l),l 4 a+i (t l(Gl" f this
�cr ��ar-vrzrirrSeEti6ir.
17
h. Prior- to eenstf+tetien, plans for- a+iy st%ettiFe that will haw enelesed spaee belew the bas-e-
18
19 i. Walls and pa+�itiens shall be allowed belew the base flead elevation, provided they afe not
20
21
22
23 than ten and ne fner-e tha+i-20 petmds per-sqttafe 99E)t shall be ttsed as the safe lead design
24wa�,walls.
25 Gaffiplia+iee with the -8fftaiffed iff Seetieff 1-2-2 4(b)(5)i. of this seetieff shall
27 ,
28
29 (b)(5)i. f this seetion.
30
31
32
33
34 ,
35
36
37 instwanee rate map as lang as the impr-evement is at the same elevatiall the s4+te,
38
39 s4ttet-tifes that afe listed an the National Register- of Hister-ie Plaees, the Florida hlventOFY-4
41
42
43
44 s4stantial.
45 ,
46 and AE,NI 130, NI a+id N»~ an the eels T�either-:
47 a. Be an the site for-",er-than 180 eensee�4ive da-ys and be AtIly keensed a+id ready for-highwa�,
48 }tse;-of
49
50
51
52 .
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1
2 See.122 5.Varianees te the Floodplain ,.,r...,..gement Requirements.
3
4
5
6 tefffis of the . . . as will net be eentfaty to the p4lie interest, will be in haffflany with the
7
8
9 (b) Proeed
10 (1) An applieation for- a var-ianee ffem the provisions of this ehapter- for- development in an afea of
11
13
14
15
16
17
18
20 (e) Conditions.
21 ,
22 .
24
25 a
26 e. A detefinination that the granting of a vai-4anee will net r-esnit in iner-eased flead heights;r-esnit
27 ,
28
29 or-this Gede; and
30 4.peeifiewr-itten f ed-te the faEtar-s b€le�A-
31 .
32
33 ,
34 ,
35
36 e. The snseeptibiky of the proposed f4eiky and its eantents to flead damage and the effeets of
38
39 ,
40 h. The ivaila ky of altemate4eeatiens less snobjeet to
41 ;
42
43 and the fleadplain management program for-that afea-,
44
45
46
47
48
49 .
50
52
PC Staff Report Page 62 of 77
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5295
I b'pke demestie di€fieitkies-of tke-appliet er-members of hisz
2
4 .
5
6
7
8 .
9
10 of the eir-ettit eetwt, whieh shows that the proposed eenstf+tetien will be leea+ed in a speeial fl
11
12 base flead level, and tha+aettt�al flead inswanee r-a+es iner-ease as the lowest flear-withill A Zone
13
and the bet4efn of the lowest her-izental stf+tet--HFa! member- of the lowest flear- within NI zen-
14 eleva6aff dee
15
17
18 .
19 (a) Applieability. Prior- to the tfa+isfer- of owner-ship of any pr-epef�y eee"ied by an elevated r-esidential
20 " (i.e., ealls4+tetiall
21
22
23 da-ys prior- to the tfa+isfer- of the pr-epef�y by the seller- or- the patential ptifeliaser-, with the sellers
24
25 .
26
27
28
29
30 etion and eamplianee
31
32 .
33
(d) Private inspeetors' approval.Nen eett�inspeeter-s ffem a+i approved list maintained by the gr-
34
35
36
37
38
39
40
41 .
42
43 eter- or- eew4y approved inspeeter-, shall be s4mit4ed to the bit-yer- and— Blii, lent ten
44 da-ys prior-t the e si date for-tfa+isfer- fp- ref.y
45
46
47
48
49
50
51
52
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I
2
3
4 .
5
6
7
8
10
11 .
12
14 ;
15
16 (3) Valtmt is eligible to obtain a ee#ifieate of eamplicmee. The stf+tet-HFe fntts have been
17
18
19
20
21
22
24
25 livifft afeas as fellawsi
26 (1) The eett�will obtain data ffem the MEMIFE)e GE)tl�PFE)PeF�y APPFftiSeF Offiee vv,hieh will identif�
27
28
29 ,
30 .
31
32
33eamplicmee
34 .
35
36
37 ,
38
39
40 „A ri,o , s,,-.,,.f; r
41
42
43 -ship ggtmd i Seet r
44 (d) Compliant struetures. The eett� will provide a eer-tifieate of eamplicmee to pr-epef�y owner-s with
45
46
47
48
49 .
50
51 .
PC Staff Report Page 64 of 77
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I ,
2
3
4
5 eeetTa+iey`
6
7 See. 422 8.inelusion of United States Feder-a! Emer-geney Management Ageney (FEMA) and United
8 States Fish and Wildlife Senviee (FIA1,S) Requir-ed Permit Referral Pr-oeess (PRP) in Fin*t
9 Permit Determinations for Development.
10 ,
11
12
13 .
14 (b) bands to whieh this seetion apply. See See6aff 1-2-2
15
16 may be detefmined by sealing dista+iees. Reqttir-ed in if these maps for-pr-eeise leeations a
17 stteh betmdar-ies shall be made by the eetmty Planning Dir-eetar-or-his,�her-designee,in eensttkatien w
18 .
19 ('a�c) Administration vr development eeies foeus ncE'€ks:
20
(1) SV44A!I-I I--- FeqHiped, Far-pafeels or- lots shown within the SFAN4s in whieh a-H a-pplieatien for-
21
22
23 ,
24 ,
25
26 pefmit files that indi ates.
27 ,
28 b. The ate-of�hefeviewL
29 e. The date e€the r n r a and v E list ,a � ,a t t
xTm-imcrzc�-rrsc=cr3vcr C-eirccacc-crre�'€vi€w.
30
31 .
32
33 whieh an applieation for- a peHnit g9r- development has been made ineittding 1) e"a-Rding
34
35
36 or- Wt eantains sttitable habitat for- any of the fellowing speeies: Key Large Gotten Mettse, Key
37 LaFge weed r-at,Key tfee eaettts,Lower-Keys fnafsh rabbit,Eastem indige sngEe,Key deer-, Seh
38
39 the RE list, the Pla+ming Dir-eeter- or-his,�her- designee shall ttse the SAGs to detefmine whet
40 flea arlai development r a-pplieatir
41
42
43
b. if-, aeeer-ding to the SAGs, the pr-Opesed development needs- -assistmee by the-
44
45 ,
46
47 of r eamme eement f development,with a rditi,r that:
48
49
51
52
PC Staff Report Page 65 of 77
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5298
1 4. if the pefmit e"ir-es, the a-ppliea+it shall be wq�tir-ed to reapply for-the P—+
3
4
5
6
7
8 .
9
10 adverse egaets to native habitat, menetafy eE) -ener-ated will be applied
11 .
12
13
14
15
16 de ele. s fna-y begin.
17
18 ,
19 eett� shall apply this pefmit wfeffal pr-E)eess, was eampleted for- t
20 asseeiated impaets.
21
22
24
25
26 .
27 lent alleviates dir-eet and ettfnttlative less of speeies habitat whieh will not nega4w-�
28
30
31
32
33
34
35 ,
36
37
38
39
41
42
43
44
45
46 tmder-the National Flood histifanee Program whieh was imposed in the ease of Florida Key
47 et. ^'a�gaeet. al., 90-10037 QNI Meow.
48
49
51
52 .
PC Staff Report Page 66 of 77
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5299
1i. Haw 1 80 days F.-,,m the date a F .7. F tte natiee to pie-k,,
2 b1 t l di p ,-. 4s;
n. Hawv-crccy.r ar�the-date-vr !cr=w'-irccEazivcrce, zrr€Fe iS--a
4
5
6
7 .
8
9 e development and Feeeive a passed; eet r; of
10 n. Have 300-days r4em�the-date-vr-a E6imcyz$:r'accr=w'-irccEazivcrce, zrr€Fe ia
11
D014,Y
13 ,
14 .
15 " fe
16
17 peFmi4ee to e88Fdiaate with PAIS shall have. -A Aef�360 days 4em the date of 4
18
19
20
21
22 .
23 (6) Pr-opei4ies for-whieh a pefmit has been isstted and for-whieh development has not eammeneed will
24 "ffiay
25 "
26 assessment gttides whieh wqttir-e the pem.4te, to e-er-dinate with PAIS shall have -A *A-*-A]�_2_ 360
27
28
29
31
32 See. 422 9.Appeals;
33 (a) Authority.The Division of Administfative Hear-ings(DOA14)shall have the atAhef4y to heaf a+Id deeide
34
35 .
36 (b) initiation. An appeal may be initiated by a+i wwaer-, applieant, aE�aeeat pr-opef�y owner-, a-By aggrieved
37 or- adversely affeeted per-sen, as defined by F.S. § 163.3-215(2), or- any r-esident of real pr-opeFty, 4em
38 .
39 (e) Proeedures. A notiee of appeal in tile fOFRI pFeseFibed by the Bttildiag Offieial fnttst be filed with
40
41 ae6off. Failtwe �o file stteh appeal shall eaffs6��e a waivef of a-Hy r4gh�s ttffdef �his ff6ele �o appeal
42 .
43 ,
44
45
46
47 per-sen filing the appeal. Upen weeipt of the wr-44ea natiee of the appeal, the Gett� shall r-efer- the
48
49
50 (d) Effeet of filing an appeal. The filing of a natiee of appeal shall stay all peffflit aetivily and a+ly
51
52
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I
2 rfor-deny a stay f the r edi
3 .
4
5 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
6
7 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
8 158(d)(7)(b):
9
10 1. Changed projections (e.g., regarding public service needs) from those on which the text or
11 boundary was based;
12 N/A
13
14 2. Changed assumptions (e.g., regarding demographic trends);
15 N/A
16
17 3. Data errors, including errors in mapping, vegetative types and natural features described in
18 volume 1 of the plan;
19 N/A
20
21 4. New issues;
22
23 Amendments to the County's Floodplain Management Ordinance (Ch. 122 of the Land
24 Development Code) are necessary to be consistent with FEMA updated provisions (Technical
25 Bulletins, policies, and guidance), incorporate and be consistent with the Florida Division of
26 Emergency Management (DEM) State Floodplain Management Office Model Floodplain
27 Management Ordinance and to continue to fulfill the National Flood Insurance Program
28 requirements. Additionally, the Code update will allow the County to continue to meet the
29 requirements and activities of the Community Rating System.
30
31 5. Recognition of a need for additional detail or comprehensiveness; or
32
33 The National Flood Insurance Program (NFIP) is a federally-subsidized flood damage
34 insurance program administered by the Federal Emergency Management Agency (FEMA)
35 enabling property owners in participating communities to purchase flood insurance in
36 exchange for the community's adoption of floodplain management regulations to reduce future
37 flood damages. The County has been participant of the NFIP program since 1973, with the
38 adoption and effective date of the initial floodplain management regulations of Monroe
39 County.
40
41 Since the 2010 edition of the Florida Building Code (FBC), the FBC has incorporated flood
42 provisions that meet or exceed the minimum NFIP requirements for buildings and structures.
43 The FBC was updated in 2014, 2017 and 2020 to continue to reflect, meet and/or exceed the
44 minimum NFIP requirements. Additionally, in 2015, FEMA started issuing updated Technical
45 Bulletins and policies with new standards and guidance for development within the Special
46 Flood Hazard Areas.
47
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I Further in 2012, Florida Division of Emergency Management (DEM) State Floodplain
2 Management Office developed a Model Floodplain Management Ordinance for communities,
3 written explicitly to rely on the flood provisions in the Florida Building Code. FEMA
4 approved the Model Floodplain Management Ordinance in 2013. Over the past almost 10
5 years, DEM has worked with nearly all of Florida's 468 NFIP communities to transition to the
6 Model Floodplain Management Ordinance.
7
8 6. Data updates;
9
10 N/A
11
12 In no event shall an amendment be approved which will result in an adverse community change
13 to the planning area in which the proposed development is located or to any area in accordance
14 with a livable communikeys master plan pursuant to findings of the board of county
15 commissioners.
16
17 The proposed text amendment is not anticipated to result in an adverse community change.
18
19 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
20 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
21
22 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
23 County 2030 Comprehensive Plan. Specifically,it furthers:
24
25 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
26 County residents and visitors, and protect valuable natural resources.
27
28 Policy 101.5.30: In order to preserve the existing community character and natural environment, Monroe
29 County shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
30 distance between grade and the highest part of any structure,including mechanical equipment,but excluding
31 spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or
32 television antennas; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
33 supporting structures with attached antennas and/or collocations. However, in no event shall any of the
34 exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable
35 height limitations, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33.In the case of
36 airport districts, there shall be no exceptions to the 35-foot height limitation.
37
38 Policy 101.5.32: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
39 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
40 public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards;
41 protect property from flooding and minimize damages; minimize public and private losses due to flooding;
42 minimize future expenditures of public funds for flood control projects and for recovery from flood events;
43 and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of
44 five (5) feet above the 35-foot height limit shall be provided to allow lawfully existing buildings to be
45 voluntarily elevated up to three (3) feet above FEMA base flood elevation; and a flood protection height
46 exception of a maximum of three (3)feet above the 35-foot height limit shall be provided to allow new (new
47 construction or substantially improved)buildings to voluntarily elevate up to three(3)feet above FEMA base
48 flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce
49 flood insurance premiums and minimize future expenditures of public funds for recovery from flood events.
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I In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height
2 of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.
3
4 Policy 101.5.33: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
5 Development Regulations which provide a Flood Protection Height Exception for lawfully established
6 existing buildings which exceed the 35-foot height limit,to promote public health,safety and general welfare;
7 allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and
8 minimize damages; minimize public and private losses due to flooding; minimize future expenditures of
9 public funds for flood control pro]ects and for recovery from flood events; and mitigate rising flood insurance
10 premiums. A lawfully established existing building may be repaired, improved,redeveloped and/or elevated
11 to meet required FEMA base flood elevation (BFE)provided the building does not exceed a total maximum
12 building height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area,
13 building envelope (floor to floor height), density and type of use. For lawfully established existing buildings
14 that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the
15 Board of County Commissioners shall be required to review and specify the maximum approved height prior
16 to issuance of any county permit or development approval. The Planning Commission shall provide a
17 recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution
18 specifying the maximum approved height.
19
20 Policy 101.9.5: Existing manufactured homes which are damaged or destroyed so as to require substantial
21 improvement shall be required to meet the most recent HUD standards, and the floodplain management
22 standards set forth by FEMA.
23
24 Objective 101.10: Monroe County shall provide for drainage and stormwater management so as to protect
25 real and personal property and to protect and improve water quality.
26
27 Policy 101.12.3: Monroe County shall coordinate the siting of new public facilities with the appropriate local,
28 state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable
29 state and federal regulations.
30
31 Objective 101.14: Monroe County shall maintain land development regulations which direct future growth
32 away from areas within the Coastal High Hazard Area(CHHA).
33
34 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and
35 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
36 tropical hardwood hammock).
37
38 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space requirement shall
39 be one hundred(100)percent of the following types of wetlands:
40 1. submerged lands
41 2. mangroves
42 3. salt ponds
43 4. fresh water wetlands
44 5. fresh water ponds
45 6.undisturbed salt marsh and buttonwood wetlands
46 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
47 and buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats.
48 Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be assigned any density or intensity.
49
50 Objective 102.3: Monroe County shall maintain land development regulations which will direct new
51 development to areas having appropriate topography and soil conditions and to where site disturbance and
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I man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
2 and marine resources.
3
4 Objective 102.7: Monroe County shall take actions to discourage new private development in areas
5 designated as units of the Coastal Barrier Resources System (CBRS).
6
7 Objective 105.1: Monroe County shall continue to implement smart growth initiatives in conjunction with its
8 Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
9 processes to preserve the natural environment, maintain and enhance the community character and quality of
10 life,redevelop blighted commercial and residential areas,remove barriers to design concepts,reduce sprawl,
11 and direct future growth to appropriate infill areas.
12
13 GOAL 202: The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays,
14 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible, improved
15 or restored.
16
17 Policy 202.4.1: Monroe County shall support state and federal policies and regulations concerning the
18 permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by
19 Monroe County shall be maintained.
20
21 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves,
22 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible,
23 restored and enhanced.
24
25 Objective 203.1: Monroe County shall protect its mangrove wetlands by continuing to implement regulations
26 which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts
27 of development upon mangroves.
28
29 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected
30 and,where possible,restored and enhanced.
31
32 Policy 204.2.2: To protect submerged lands and wetlands,the open space requirement shall be 100 percent of
33 the following types of wetlands:
34 1. submerged lands;
35 2. mangroves;
36 3. salt ponds;
37 4. fresh water wetlands;
38 5. fresh water ponds; and
39 6.undisturbed salt marsh and buttonwood wetlands.
40 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
41 and buttonwood wetland only for use as transferable development rights away from these habitats.Submerged
42 lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or intensity. Within one
43 (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a
44 prohibition of development in salt ponds.
45
46 GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
47 where possible, enhanced.
48
49 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
50
51 Policy 206.1.4: Monroe County shall implement a"Permit Referral Process" for review of all development
52 that occurs within areas designated as "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)". The
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I SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS)which contain potentially
2 suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo
3 Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail
4 Butterfly, Silver Rice Rat, and Stock Island Tree Snail.
5
6 Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency
7 (FEMA) to review permit applications for compliance with the Federal Endangered Species Act through the
8 "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is
9 to implement regulations that will assure, consistent with the 10th Amendment to the U.S. Constitution, state
10 and county regulations, proper record retention, coordination, and notification of FEMA and USFWS
11 regarding permit applications filed with or issued by Monroe County.
12
13 Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development permit
14 application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and
15 endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and/or are not
16 included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult
17 directly with USFWS and provide authorization from USFWS to Monroe County before commencement of
18 development.
19
20 Objective 206.2: Monroe County shall provide guidance to private landowners to reduce disturbances to
21 wildlife species designated by the FWS as threatened or endangered.
22
23 GOAL 208: Monroe County shall discourage private land uses on its mainland, offshore islands and
24 undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated
25 with private land uses on adjoining lands.
26
27 GOAL 210: The health and integrity of Monroe County's beach/berm resources shall be protected and,when
28 possible,restored and enhanced.
29
30 Objective 212.5: Monroe County shall maintain land development regulations pertaining to shoreline
31 stabilization.
32
33 GOAL 216: Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment
34 to increase public safety and reduce damages and public expenditures.
35
36 Objective 216.1: Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard
37 Area(CHHA)which reduces floodplain alteration and damage or loss due to natural disasters.
38
39 Policy 216.1.4: Monroe County shall continue its policy of reviewing the current Building Code and, as
40 appropriate, adopting structural standards and site alteration restrictions that meet or exceed the minimum
41 FEMA requirements. The Building Code shall be reviewed and revised at least every five years. The
42 recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to
43 the Code.
44
45 Policy 216.1.5: Monroe County shall continue to participate in the National Flood Insurance Program(NFIP)
46 Community Rating System (CRS)to the maximum extent possible and shall seek to improve its current CRS
47 Class rating.
48
49 Policy 216.1.6: Monroe County shall continue to enforce federal, state and local setback and elevation
50 requirements to promote the protection and safety of life and property. Revisions to the existing setback
51 requirements contained in the land development regulations shall be considered as a means of reducing
52 property damage caused by storms.
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1
2 Policy 216.1.7: Monroe County shall consider floodplain management and CHHA issues in making public
3 acquisition decisions.
4
5 Policy 216.1.8: Monroe County shall require that, to the greatest extent practicable, development activity,
6 such as land clearing, grading and filling will not disturb natural drainage patterns.
7
8 Policy 216.2.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies
9 procedures for implementing programs for immediate repair, replacement, and cleanup, and long-term
10 rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged
11 infrastructure and consideration of alternatives to its repair or replacement in the CHHA.
12
13 Policy 216.2.3: The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage
14 within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and
15 shall specify procedures for relocating or replacing public infrastructure away from them,where feasible.
16
17 Policy 216.2.4: Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with
18 Emergency Management to include in the Local Mitigation Strategy considerations for repetitive loss and
19 severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible
20 to repeated damage.
21
22 Objective 216.3: Monroe County shall maintain land development regulations which directs future growth
23 away from the Coastal High Hazard Area(CHHA).
24
25 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard housing and
26 to preserve, conserve and enhance the existing housing stock,including historic structures and sites.
27
28 Policy 601.3.1: Monroe County shall coordinate with other County agencies to monitor housing conditions.
29 Standards for evaluation of the structural condition of the housing stock are summarized below:
30 Sound: Most housing units in this category are in good condition and have no visible defects. However,
31 some structures with slight defects are also included.
32 Deteriorating: A housing unit in this category needs more repair than would be provided in the course of
33 regular maintenance,such as repainting.A housing unit is classified as deteriorating when its deficiencies
34 indicate a lack of proper upkeep.
35 Dilapidated (Substandard): A housing unit in this category indicates that the unit can no longer provide
36 safe and adequate shelter or is of inadequate original construction including being constructed below the
37 minimum required elevation by FEMA or the County's Floodplain Regulations.
38
39 Policy 601.3.2: The County Code Compliance Office and Building Department will enforce building code
40 regulations and County ordinances governing the structural condition of the housing stock, to ensure the
41 provision of safe, decent and sanitary housing and stabilization of residential neighborhoods.
42
43 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
44 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental
45 organizations and private organizations to exchange data and develop coordinated strategies to address energy
46 conservation and impacts from climate change.
47
48 Objective 1501.1: Monroe County shall coordinate and collaborate with municipalities and other public and
49 private entities to address energy conservation strategies and unique climate change impacts, including
50 adaptation and mitigation strategies.
51
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I Policy 1501.1.4: Monroe County shall seek the support of agencies, such as the National Oceanic and
2 Atmospheric Administration (NOAA), U.S. Geological Survey (USGS), Federal Emergency Management
3 Agency (FEMA), the U.S. Department of Interior, the U.S. Army Corps of Engineers (ACOE), as well as
4 universities and not-for-profit organizations to coordinate support for updating, exchanging and analyzing
5 data regarding potential changes in climate change vulnerability.
6
7 Objective 1502.1: In conjunction with future updates to the 2030 Comprehensive Plan and land development
8 regulations, the County shall update the data and assumptions related to climate change impacts to
9 infrastructure based on the latest scientific predictions and observed(monitored) impacts. Monroe County
10 shall also consider climate change impacts such as increased temperatures, sea level rise,potentially shifting
11 habitat and ecosystem types and the need to withstand increased storm surge in evaluating public infrastructure
12 decisions.
13
14 Policy 1503.1.4: Monroe County shall review the most updated FEMA maps within one (1) year of their
15 release and evaluate floor elevation requirements, as necessary, for all new construction in vulnerable areas.
16
17 Policy 1503.4.1: Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County
18 shall review its post-disaster redevelopment plan and land development regulations to include, as appropriate,
19 consideration of climate change impacts,repetitive loss structures and shoreline stabilization needs.
20
21 Objective 1504.1: Within five (5)years after the adoption of the 2030 Comprehensive Plan,the County shall
22 revise its land acquisition and preservation policies to consider the climate change-related values of natural
23 areas for sequestering carbon and providing climate adaptation and mitigation benefits such as the resource's
24 strategic capacity to absorb floodwaters and address coastal ecosystem migration.
25
26 B.The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area,
27 Section 380.0552(7), Florida Statutes.
28
29 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
30 principles for guiding development and any amendments to the principles, the principles shall be construed
31 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
32
33 (a) Strengthening local government capabilities for managing land use and development so that local
34 government is able to achieve these objectives without continuing the area of critical state concern
35 designation.
36 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
37 wetlands, fish and wildlife, and their habitat.
38 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
39 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
40 their habitat.
41 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
42 development.
43 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
44 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
45 ensuring that development is compatible with the unique historic character of the Florida Keys.
46 (g) Protecting the historical heritage of the Florida Keys.
47 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
48 public investments,including:
49
50 1. The Florida Keys Aqueduct and water supply facilities;
51 2. Sewage collection, treatment, and disposal facilities;
52 3. Solid waste treatment, collection, and disposal facilities;
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1 4. Key West Naval Air Station and other military facilities;
2 5. Transportation facilities;
3 6. Federal parks,wildlife refuges, and marine sanctuaries;
4 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
5 8. City electric service and the Florida Keys Electric Co-op; and
6 9. Other utilities, as appropriate.
7
8 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
9 replacement of stormwater management facilities; central sewage collection; treatment and disposal
10 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
11 disposal systems.
12 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
13 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
14 applicable, and by directing growth to areas served by central wastewater treatment facilities through
15 permit allocation systems.
16 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
17 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
18 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
19 manmade disaster and for a postdisaster reconstruction plan.
20 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
21 Florida Keys as a unique Florida resource.
22
23 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
24 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
25
26 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
27 Specifically, the amendment furthers:
28
29 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and enhance
30 present advantages; encourage the most appropriate use of land,water, and resources, consistent with the
31 public interest; overcome present handicaps; and deal effectively with future problems that may result
32 from the use and development of land within their jurisdictions. Through the process of comprehensive
33 planning, it is intended that units of local government can preserve, promote, protect, and improve the
34 public health,safety,comfort,good order,appearance,convenience,law enforcement and fire prevention,
35 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
36 schools, parks, recreational facilities, housing, and other requirements and services; and conserve,
37 develop,utilize, and protect natural resources within their jurisdictions.
38
39 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status set
40 out in this act and that no public or private development shall be permitted except in conformity with
41 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
42
43 163.3164(14), F.S.— "Development"has the same meaning as in s. 380.04.
44
45 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies
46 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of
47 the area that reflects community commitments to implement the plan and its elements. These principles
48 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities
49 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
50 principles and strategies,generally provided as goals,objectives,and policies,shall describe how the local
51 government's programs, activities, and land development regulations will be initiated, modified, or
52 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
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I require the inclusion of implementing regulations in the comprehensive plan but rather to require
2 identification of those programs, activities, and land development regulations that will be part of the
3 strategy for implementing the comprehensive plan and the principles that describe how the programs,
4 activities, and land development regulations will be carried out. The plan shall establish meaningful and
5 predictable standards for the use and development of land and provide meaningful guidelines for the
6 content of more detailed land development and use regulations.
7
8 163.3177(6)(d), F.S. —A conservation element for the conservation, use, and protection of natural resources
9 in the area, include ng air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils,
10 beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat,
11 minerals,and other natural and environmental resources,including factors that affect energy conservation.
12
13 163.3178(2)(a), F.S. — A land use and inventory map of existing coastal uses, wildlife habitat, wetland and
14 other vegetative communities, undeveloped areas, areas subject to coastal flooding,public access routes
15 to beach and shore resources, historic preservation areas, and other areas of special concern to local
16 government.
17
18 163.3178(2)(f),F.S.—A redevelopment component that outlines the principles that must be used to eliminate
19 inappropriate and unsafe development in the coastal areas when opportunities arise.The component must:
20 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
21 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater
22 runoff, and the related impacts of sea-level rise.
23 2. Encourage the use of best practices development and redevelopment principles, strategies, and
24 engineering solutions that will result in the removal of coastal real property from flood zone designations
25 established by the Federal Emergency Management Agency.
26 3. Identify site development techniques and best practices that may reduce losses due to flooding and
27 claims made under flood insurance policies issued in this state.
28 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida
29 Building Code and applicable flood plain management regulations set forth in 44 C.F.R.part 60.
30 5. Require that any construction activities seaward of the coastal construction control lines established
31 pursuant to s. 161.053 be consistent with chapter 161.
32 6. Encourage local governments to participate in the National Flood Insurance Program Community
33 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance
34 premium discounts for their residents.
35
36 163.3194(1)(a), F.S. — After a comprehensive plan, or element or portion thereof, has been adopted in
37 conformity with this act, all development undertaken by, and all actions taken in regard to development
38 orders by, governmental agencies in regard to land covered by such plan or element shall be consistent
39 with such plan or element as adopted.
40
41 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
42 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in
43 part, by the adoption and enforcement of appropriate local regulations on the development of lands and
44 waters within an area.It is the intent of this act that the adoption and enforcement by a governing body of
45 regulations for the development of land or the adoption and enforcement by a governing body of a land
46 development code for an area shall be based on,be related to, and be a means of implementation for an
47 adopted comprehensive plan as required by this act.
48
49 163.3202(2), F.S. — Local land development regulations shall contain specific and detailed provisions
50 necessary or desirable to implement the adopted comprehensive plan and shall at a minimum:
51 (a) Regulate the subdivision of land.
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I (b) Regulate the use of land and water for those land use categories included in the land use element and
2 ensure the compatibility of adjacent uses and provide for open space.
3 (c)Provide for protection of potable water wellfields.
4 (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
5 management.
6 (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan.
7
8
9 VI. PROCESS
10
11 Land Development Code Amendments may be proposed by the Board of County Commissioners, the
12 Planning Commission,the Director of Planning,private application, or the owner or other person having
13 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
14 shall review and process applications as they are received and pass them onto the Development Review
15 Committee and the Planning Commission.
16
17 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
18 the application, the reports and recommendations of the Department of Planning & Environmental
19 Resources and the Development Review Committee and the testimony given at the public hearing. The
20 Planning Commission shall submit its recommendations and findings to the Board of County
21 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed
22 amendment, and considers the staff report, staff recommendation, Planning Commission
23 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
24 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
25
26 VII. STAFF RECOMMENDATION
27
28 Approval
29
30 VIII.EXHIBITS
31
32 Exhibit 1 —DEM's State Floodplain Management Office - Model Floodplain Management Ordinance
33 Exhibit 2—Flood Resistant Provisions in the 7 h Edition Florida Building Code (2020)
34 Exhibit 3 —HIGHLIGHTS OF ASCE 24-14 Flood Resistant Design and Construction
35 Exhibit 4 — FEMA Policy 4104-008-03: Floodplain Management Requirements for Agricultural
36 Structures and Accessory Structures
37 Exhibit 5 — DEM's State Floodplain Management Office - Florida Guidance for At-grade wet
38 floodproofed Accessory Structures in Flood Hazard Areas
39 Exhibit 6 —Marathon Floodplain Management Ordinance 2018-05
40 Exhibit 7 —Marathon Floodplain Management Ordinance 2021-06
41 Exhibit 8 —Layton Floodplain Damage Prevention Chapter 114 - Ordinance 2018-09-03
42 Exhibit 9 —Layton Floodplain Damage Prevention Ordinance 2021-04-01
43 Exhibit 10 —Key West Floodplain Management— Chapter 34 Article II
44 Exhibit 11 —Key Colony Beach Floodplain Management Article - Ordinance 2018- 456A
45 Exhibit 12—Monroe County Resolution 193-2014—Implementation Plan (Remedial Plan)
PC Staff Report Page 77 of 77
File#2019-093
5310
�dr�'SF�" I
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Director
December 28, 2022
Mr. Roman Gastesi, County Administrator
Monroe County
1100 Simonton Street, Ste 205
Key West, FL 33040
Address
City/St/zip
Dear M. Gasteshi:
The Office of Floodplain Management has received a copy of the recently adopted
amendments to the community's floodplain management requirements. Accordingly, this letter
acknowledges receipt and conditional approval of Ordinance No.026-2022 and No. 027-2022,
which amend the floodplain management requirements. The terms of this condition approval
include the following:
1. Sec. 122-2 defines the term "market value," specifying a fixed factor to be applied to the
tax assessment value of buildings. Shortly before the Board of County Commissioner's
November 15, 2022 meeting, at which the ordinances were adopted, we notified the
County staff that we would not be able to approve the codification of fixed factors. We
will provide the guidance we developed in consultation with FEMA Region IV and will
work with your staff to prepare an amendment to that definition.
2. Sec. 122-10 cites the County's "substantial improvement/substantial damage
works heet/checklist." We have determined that this document must be revised for
consistency with the Florida Building Code, Existing Building; the County's amendments
to Chapter 122; and FEMA guidance contained in FEMA P-758, Substantial
Improvement/Substantial Damage Desk Reference. We will provide comments for
consideration by your staff.
Ordinance No. 027-2022 includes local technical amendments to the Florida Building Code.
Pursuant to 553.73(4)(a), F.S., local amendments to the Florida Building Code must be transmitted
to the Florida Building Commission within 30 days after enactment. Mark the pages of the adopted
ordinance that show the FBC amendments and scan the first page, the marked pages displaying
FBC amendments, and the signature page and send to the
Commission: Mo.Madanimyfloridalicense.com; Marlita.Petersmyfloridalicense.com.
We appreciate the community's careful attention to maintaining consistency with the
requirements of the National Flood Insurance Program and adopting provisions that will reduce
future vulnerability to flooding. Please note that any subsequent changes to these regulations,
D I V I S I O N H E A D Q U A R T E R S STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Blvd Tel 850-815-4000 2702 Directors Row
Tallahassee, FL 32399-2100 www.Florida Disaster.oca Orlando, FL 32809-5631 5439
including any future amendments to adopt requirements or code amendments that exceed NFIP
minimums, are subject to review by this office prior to adoption. As the NFIP State Coordinating
Agency, one of our responsibilities is to work with communities to ensure they remain compliant
with the NFIP requirements for continued participation in the NFIP.
We appreciate the community's effort to move this vital ordinance through the adoption
process. Please do not hesitate to contact us at floods em.Myflorida.com or (850) 815-4556.
Sincerely,
Conn H. Cole, MBA/PA, CFM
State NFIP Coordinator/Floodplain Manager
Office of Floodplain Management
CC/rq
cc: Emily Schemper, Director of Planning & Environmental Resources
Rick Griffin, Building Official
5440
FLORIDA GUIDANCE FOR ADJUSTMENT FACTORS APPLIED TO TAX ASSESSMENT VALUES
Office of Floodplain Management
Florida Division of Emergency Management
Helpline: 850-815-4556 and floods@emomyfloridaocom
December 7, 2022
This guidance explains acceptable adjustment factors that are applied to tax assessment value to yield a
"market value"for the purposes of making Substantial Improvement and Substantial Damage
determinations.These determinations are required by the Florida Building Code, Existing Building,when
improvements are proposed (or repairs are required)for buildings in mapped Special Flood Hazard
Areas. Local floodplain management regulations outline the process for making the determinations.
Definitions for"Substantial Improvement" and "Substantial Damage" appear in the local floodplain
management regulations and in the Florida Building Code (Building and Existing Building volumes). Both
definitions require the local official to compare the costs of improvements or the costs to repair the
damage,to the market value of the building before the improvements are made or before the damage
was incurred.
ISSUE:ADJUSTMENT FACTORS. In the aftermath of Hurricane Ian and Hurricane Nicole,the FDEM Office
of Floodplain Management(OFM) has responded to many questions about market value. In particular,
questions have arisen about the adjustment factor that can be applied to the tax assessment value
(building only)that is developed and published by county assessment offices.
The following is the definition of"market value,"which is modified from the original definition shown in
the Florida model ordinance. It is modified to focus on actual cash value and adjusted tax assessment
value rather than the "traditional" appraisal approach based on sales of comparable properties. As of
late 2022, more than 150 communities have adopted this definition, and many more are developing
amendments to modify their existing definitions to match this definition. For more guidance on this
definition, see Florida Guidance for Amending the Definition of Market Value (link at the bottom of this
guidance).
Market value.The value of buildings and structures, excluding the land and other
improvements on the parcel. Market value is the actual cash value (in-kind
replacement cost depreciated for age,wear and tear, neglect, and quality of
construction) determined by a qualified independent appraiser, or tax assessment
value adjusted to approximate market value by a factor provided by the property
appraiser.
CONCLUSION. A small number of Florida communities have codified a fixed adjustment factor, usually
expressed as a percentage. In consultation with FEMA, E has determined that communities
must not codify a fixed factor. As stated in the definition for market value (even those definitions not
yet modified as shown above), communities may use a factor provided by the property appraiser.
Therefore,we conclude that local officials who are responsible for making substantial improvement and
substantial damage determinations may adjust the published tax assessment value of buildings to
approximate market value ONLY when the adjustment factor:
• Is provided, in writing, by the County Property Appraiser,
5313
• Is a single factor, and IMPORTANT NOTE!
• Is provided for a single use for specified individual Communities that have a fixed factor
buildings or, if intended for use for multiple buildings, stated in the definition of"market
the County Property Appraiser specifies the time value" MUST AMEND that definition.
period during which the factor is valid (e.g., 3 months).
II communities that amend the
BACKGROUND. County property assessors are charged with local floodplain regulations or the
deriving a "just valuation" of real property,taking into FBC must submit draft ordinances to
consideration various factors articulated in Florida Statute, the OFM at least 30 days before
Chapter 193.The FDEM Office of Floodplain Management presenting it to planning boards or
concludes the following: elected officials.
1. Codifying a fixed adjustment factor in the locally Please put the community name in
adopted definition of"market value" is not consistent the subject line and send to
with published FEMA guidance [See Note 1]. floodsC em.myflorida.com.
2. Codifying a fixed adjustment factor in the locally Or send a request for the OFM to
adopted definition of"market value" is not consistent work with you to prepare a draft.
with the market value definition approved by FEMA
Headquarters and FEMA Region IV in 2013 [See Note 2].
3. Codifying a fixed adjustment factor in the locally adopted definition of"market value" does not
account for statutory adjustments of certain properties, such as homestead properties.
4. County assessments are effective as of January 1 of each year. Especially late in a year,this
means the reported assessment values do not capture increases or decreases since the
beginning of the year.
5. The County Property Appraiser is the appropriate government official to determine adjustment
factors, which should be determined within the bounds of the property appraiser's authority
and professional experience.
Note 1.See FEMA P-758(2010), Substantial ImErovement/Substantial Damage Desl< Reference, Sec.
4.5.2, "The assessor's office should provide the adjustment factor...limitation [on use of
assessed value] ...how often are the appraisals done and when was the date of the last
appraisal? Market value estimates can be grossly outdated if the cycle is long and the property
happens to be in the later stage of its cycle and has not been appraised for many years. ...
[variations] in assessment levels (an established statutory ratio between the assessor's estimate
of value and the true fair market value)...The assessor's office should provide the adjustment
factor... copy of the adjustment factor justification should be retained with the community's
permanent records." (emphases added)
Note 2.See Florida Model Ordinance, definition "Market Value... or tax assessment value adjusted to
approximate market value by a factor provided by the property appraiser." (emphasis added)
hops://www.floridadisaster.orb/dem/mitigation/floodplain/community-resources/(Guidance,
Ordinance Amendments, FBC Amendments, and Sample Forms). Issued December 2022.
Guidance:Adjustment Factors Applied to Tax Assessment Value (12/7/22) 2
5314
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2023
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY LAND
12 DEVELOPMENT CODE SECTION 101-1 — DEFINITIONS AND
13 CHAPTER 122, ARTICLE I., SECTION 122-3 — DEFINITIONS, TO
14 UPDATE THE DEFINITION OF MARKET VALUE TO BE CONSISTENT
15 WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT -
16 BUREAU OF MITIGATION - STATE OFFICE OF FLOODPLAIN
17 MANAGEMENT'S DECEMBER 2022 GUIDANCE ON MARKET VALUE
18 AND MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS
19 WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH
20 THE FLOOD PROVISIONS IN THE FLORIDA BUILDING CODE,
21 MEETING THE NATIONAL FLOOD INSURANCE PROGRAM
22 REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY
23 MANAGEMENT AGENCY IN 2013; PROVIDING FOR SEVERABILITY;
24 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
25 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
26 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
27 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
28 IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
29 PROVIDING FOR AN EFFECTIVE DATE.
30
31
32 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
33 Comprehensive Plan and Monroe County Codes are to maintain the public health, safety, and
34 general welfare and to strengthen our local government capability to manage land use and
35 development; and
36
37 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
38 Statutes, Monroe County is under its constitutional police powers empowered to enact ordinances
39 to protect the health, safety, and welfare of the public, and the Legislature of the State of Florida
40 has pursuant to Chapter 125, Florida Statutes, conferred upon local governments the authority to
41 adopt laws and regulations designed to promote the public health, safety, and general welfare of
42 the public; and
43
44 WHEREAS, the Monroe County Board of County Commissioners recognizes that the
45 work of ordinance codification is an ongoing process that requires a continuing effort by various
46 County officials and staff, and it is a goal to ensure that Monroe County Land Development Code
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5315
I Chapter 122 is kept current and aligned with the State's December 2022 guidance and
2 requirements; and
3
4 WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
5 special flood hazard areas ("SFHAs") within the boundaries of unincorporated Monroe County
6 and such areas may be subject to periodic inundation which may result in loss of life and property,
7 health and safety hazards,disruption of commerce and governmental services,extraordinary public
8 expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
9 affect the public health, safety, and general welfare, and
10
11 WHEREAS, Monroe County has been accepted for participation in the National Flood
12 Insurance Program ("NFIP") and the Monroe County Board of County Commissioners desires to
13 continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60,
14 necessary to continuously maintain such participation; and
15
16 WHEREAS, the NFIP is a federally-subsidized flood damage insurance program
17 administered by FEMA enabling property owners in participating communities to purchase flood
18 insurance in exchange for the community's adoption of floodplain management regulations to
19 reduce future flood damage(s); and
20
21 WHEREAS,the participating communities floodplain management regulations must meet
22 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
23 CFR Part 59 and Part 60); and
24
25 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
26 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
27 enforcement of the Florida Building Code; and
28
29 WHEREAS, the Florida Division of Emergency Management ("FDEM") - Bureau of
30 Mitigation - State Floodplain Management Office developed a Model Floodplain Management
31 Ordinance for local communities which was written explicitly to rely on the flood provisions in
32 the Florida Building Code; and
33
34 WHEREAS, since the 2010 edition of the Florida Building Code, the flood provisions of
35 the Florida Building Code meet or exceed the minimum NFIP requirements for buildings and
36 structures; and
37
38 WHEREAS,the Federal Emergency Management Agency ("FEMA") approved the
39 State's Model Floodplain Management Ordinance in 2013; and
40
41 WHEREAS,the Monroe County Board of County Commissioners (`BOCC") determined
42 it is in the public interest to adopt the proposed floodplain management regulations that rely on
43 and are coordinated with the Florida Building Code; and
44
45 WHEREAS, on November 15, 2022, the BOCC adopted Ordinance No. 026-2022,
46 amending Chapter 122 of the Land Development Code to be consistent with the State model
47 floodplain management ordinance; and
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5316
I WHEREAS, on December 7, 2022, FDEM published guidance developed in consultation
2 with FEMA Region IV which specified that within local ordinances the definition of the term
3 "market value"may not include a fixed factor to be applied to the tax assessment value of buildings
4 or structures; and
5
6 WHEREAS, on December 28, 2022, FDEM issued to Monroe County an official letter of
7 conditional approval of Monroe County Ordinance No. 026-2022, stating that in order to be found
8 in compliance with FDEM and FEMA requirements for continued participation in the National
9 Flood Insurance Program (NFIP), the County's ordinance must be amended to remove the fixed
10 factor applied to the tax assessment value of buildings and structures in the ordinance's definition
11 of"market value"; and
12
13 WHEREAS, the Monroe County Development Review Committee convened to review
14 and discuss amending the Code thereto at a regularly scheduled meeting held on April 25, 2023;
15 and
16
17 WHEREAS, on May 24, 2023, the Monroe County Planning Commission held a public
18 hearing for the purpose of considering amending the Code thereto; and
19
20 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
21 Resolution No. P26-23 recommending approval; and
22
23 WHEREAS, on July 19, 2023, the Monroe County Board of County Commissioners held
24 a public hearing to consider adoption of the proposed Monroe County Land Development text
25 amendment and considered the agenda item attachments thereto and the County professional staff
26 report; and
27
28 WHEREAS, based upon the foregoing, the Monroe County Board of County
29 Commissioners makes the following findings of fact and conclusions of law:
30
31 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
32 2030 Monroe County Comprehensive Plan; and
33 2. The proposed amendment is consistent with the Principles for Guiding Development for
34 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
35 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and
36 4. The proposed amendment is necessary due to new issues and the need for additional
37 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
38 Code.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
42
43 Section 1. Recitals. The foregoing recitals, findings of fact, conclusions of law, and
44 statements of legislative purpose and legislative intent are true and correct and are hereby
45 incorporated as if fully stated herein.
46
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5317
I Section 2. The text of the Monroe County Land Development Code is amended as shown
2 and stated herein. Proposed Amendments are shown with deletions st+i kel t4-etlg4 and additions
3 are underlined.
4
5 Section 101-1. -Definitions.
6
7
8
9 Market value means the price at which a property will change hands between a willing buyer
10 and a willing seller, neither parry being under compulsion to buy, sell, or otherwise transfer, and
11 both having reasonable knowledge of relevant facts. As used in this code,the term"market value"
12 refers to the market value of buildings and structures, excluding the land and other improvements
13 on the parcel. Market value may be established by a qualified certified independent appraiser,
14 Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax
15 assessmentvaluei ° . A uniform appraisal
16 report prepared by a qualified certified independent appraiser submitted by the applicant may be
17 used if the Floodplain Administrator considers such appraisal consistent with local construction
18 costs. A structure or building originally manufactured or built as a vehicle, shall exclusively be
19 appraised by utilizing the Kelley Blue Book or a NADA appraisal. Documentation of alleged local
20 construction costs submitted by a property owner to the Floodplain Administrator must be
21 submitted in the form of a sworn or attested affidavit that shall be based upon the personal
22 knowledge of the certifying affiant and must be notarized. Where an appraisal is not accepted
23 because it appears to be inconsistent with local construction costs, the applicant may request
24 review by an independent third-parry appraiser duly authorized by the county. The cost of such
25 independent review shall be borne by the applicant. The reviewing appraiser shall determine if the
26 appraisal value reasonably reflects an appropriate market value of the structure. The reviewing
27 appraiser's determination must be in writing and shall be sworn or attested to by the affiant and
28 expressly provide that it is based on the certifying affiant's personal knowledge and must be
29 notarized. Professionals preparing appraisals, or appraisal reviews, shall be required to possess
30 certifications as state certified residential appraisers for appraising one to four family residential
31 properties and state certified general appraisers for all other properties including commercial and
32 multi-residential. Neither an appraisal making an extraordinary assumption that a building or
1 The two approved tax assessment value methods of establishing the market value of a building or structure,
excluding the land and other improvements on the parcel,are as follows:
(A.)Utilize the official tax assessment value(market improvement value)for the building or structure,excluding the
land and other improvements on the parcel,that is developed and published by the Monroe County Property
Anbraiser's Office:or
(B.)Utilize the foregoing tax assessment value(market improvement value)for the building or structure(excluding
the land and other improvements on the parcel)with an adjustment to that tax assessment value"to approximate
market value ONLY when the adjustment factor: (I.)Is provided in writing,by the County Properly Appraiser.(2.)
Is a single factor,and(3.)Is provided for a single use,for specified individual buildings or,if intended for use for
multiple buildings,the County Properly Appraiser specifies the time period during which the factor is valid(e.g..3
months)."Florida Guidance for Adjustment Factors Applied to Tax Assessment Values. State of Florida Division of
Emergency Management-Bureau of Mitigation-Office of Floodplain Management(Dec. 7,2022).
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5318
I structure was in good condition as of a date prior to a flood event nor a retrospective appraisal (an
2 appraisal done retrospectively based on a date prior to the flood event) shall be eligible for
3 consideration or relief. A building or structure that was never lawfully permitted in the first place
4 shall not be eligible for issuance of a permit or development approval.
5
6
7
8
9
10
11 Chapter 122 FLOODPLAIN MANAGEMENT
12
13
14
15 Sec. 122-3.—Definitions.
16
17
18
19 Market value means the price at which a property will change hands or be transferred between
20 a willing buyer and a willing seller,neither party being under compulsion to buy,sell or transfer
21 and both having reasonable knowledge of relevant facts, which shall include imputing
22 constructive knowledge of controlling local, state, and federal laws and regulations. As used
23 in this chapter, the term "market value" refers to the market value of buildings and structures,
24 excluding the land and other improvements on the parcel. Market value may be established by
25 a qualified certified independent appraiser, Actual Cash Value (in-kind replacement cost
26 depreciated for age, wear and tear, neglect, and quality of construction), established by a
27 qualified certified independent appraiser or tax assessmentvaluei adjtisted by 20 pe-eent(24
28 . A uniform appraisal report prepared by a qualified certified
29 independent appraiser submitted by the applicant may be used if the Floodplain Administrator
30 considers such appraisal consistent with local construction costs. A structure or building
31 originally manufactured or built as a vehicle, shall exclusively be appraised by utilizing the
32 Kelley Blue Book or a NADA appraisal. Documentation of alleged local construction costs
33 submitted by a property owner to the Floodplain Administrator must be submitted in the form
34 of a sworn or attested affidavit that shall be based upon the personal knowledge of the
1 The two approved tax assessment value methods of establishing the market value of a building or structure,
excluding the land and other improvements on the parcel,are as follows:
(A.)Utilize the official tax assessment value(market improvement value)for the building or structure,excluding the
land and other improvements on the parcel,that is developed and published by the Monroe County Property
Anbraiser's Office:or
(B.)Utilize the foregoing tax assessment value(market improvement value)for the building or structure(excluding
the land and other improvements on the parcel)with an adjustment to that tax assessment value"to approximate
market value ONLY when the adjustment factor: (l.)Is provided in writing,by the County Property Appraiser.(2.)
Is a single factor,and(3.)Is provided for a single use,for specified individual buildings or,if intended for use for
multiple buildings,the County Property Appraiser specifies the time period during which the factor is valid(e.g..3
months)."Florida Guidance for Adjustment Factors Applied to Tax Assessment Values,Florida Division of
Emergency Management-Bureau of Mitigation-Office of Floodplain Management(Dec. 7,2022).
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5319
I certifying affiant and must be notarized. Where an appraisal is not accepted because it appears
2 to be inconsistent with local construction costs,the applicant may request review by a qualified
3 certified independent third-parry appraiser duly authorized by the county. The cost of such
4 independent review shall be borne by the applicant. The reviewing appraiser shall determine
5 if the appraisal value reasonably reflects an appropriate market value of the structure. The
6 reviewing appraiser's determination must be in a written document, shall be sworn or attested
7 to by the certifying affiant and expressly provide that it is based on the certifying affiant's
8 personal knowledge, and must be notarized. Professionals preparing appraisals or appraisal
9 reviews shall be required to possess certifications as state certified residential appraisers for
10 appraising one to four family residential properties and state certified general appraisers for all
11 other properties including commercial and multi-residential. Neither an appraisal making an
12 extraordinary assumption that a building or structure was in good condition as of a date prior
13 to a flood event nor a retrospective appraisal (an appraisal done retrospectively based on a date
14 prior to the flood event) shall be eligible for consideration or relief. A building or structure that
15 was never lawfully permitted in the first place shall not be eligible for issuance of a permit or
16 development approval.
17
18
19
20 Section 3.These updates are necessary to ensure County consistency with the requirements
21 of the Florida Division of Emergency Management - Bureau of Mitigation - State Floodplain
22 Management Office's model floodplain ordinance. However, in recognition that where an extant
23 legislatively approved law is repealed by a subsequent legislative act which substantially reenacts
24 that repealed extant law, the prior legislatively approved law and the subsequent legislative act
25 shall be regarded as one continuous law uninterrupted in its operation, see McKibben v. Mallory,
26 293 So. 2d 48, 52-53 (Fla. 1974), see also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38
27 (Fla. 3rd DCA 1979), it is the express legislative intent and purpose of the BOCC, in relation to or
28 in connection with of subsequent administrative and judicial construction and review of this
29 Ordinance and Monroe County Land Development Code Chapters 101 and 122,that all recodified
30 or reenacted provisions of Land Development Code Chapters 101 and 122, which includes those
31 provisions of Chapters 101 and 122 unchanged or not substantially modified by this ordinance,
32 shall be deemed to have been in operation continuously from their original enactment whereas the
33 changes or substantial modifications are treated as amendments effective from the time they go
34 into legal effect.
35
36 Section 4. Applicability. For the purposes of jurisdictional applicability, this Ordinance
37 shall apply in all unincorporated areas of Monroe County, Florida.
38
39 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
40 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
41 County ("BOCC") and such interpretation shall be entitled to great weight in adversarial
42 administrative proceedings, at trial, bankruptcy, and on appeal. The interpretation of Monroe
43 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
44 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
45 connection with this Ordinance shall be liberally construed and enforced in favor of the BOCC
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5320
I and such interpretation shall be entitled to great weight in adversarial administrative proceedings,
2 at trial, bankruptcy, and on appeal.
3
4 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
5 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
6 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
7 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
8 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
9 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
10 continue unimpaired in full force and effect.
11
12 Section 7. Conflicting Provisions. Consonant with Section 3. all ordinances or parts of
13 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
14 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any
15 ordinance which has been repealed thereby.
16
17 Section 8. Captions and Paragraph Headings. Captions and paragraph headings, where
18 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
19 and intent of the particular paragraph or text to which they refer.
20
21 Section 9. Transmittal. This ordinance shall be transmitted to the Florida State Land
22 Planning Agency as required by Sections 380.05 (11) and 380.0552(9), Florida Statutes.
23
24 Section 10. Filing. This ordinance shall be filed in the Office of the Secretary of the State
25 of Florida but shall not become effective pursuant to Section 9. until a final order is issued
26 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
27 Commission approving the ordinance, and if the final order is challenged, until the challenge to
28 the order is resolved pursuant to F.S. Chapter 120.
29
30 Section 11. Inclusion in the Monroe County Code. The provisions of this Ordinance
31 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
32 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
33 uniform marking system of the Code.
34
35 Section 12. Effective Date. This ordinance shall become effective as provided by law and
36 stated above.
37
38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
39 Florida, at a regular meeting held on the 191h day of July, 2023.
40
41 Mayor Craig Cates, District 1
42 Mayor Pro Tem Holly Merrill Raschein, District 5
43 Commissioner Michelle Lincoln, District 2
44 Commissioner James K. Scholl, District 3
45 Commissioner David Rice, District 4
46
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5321
I BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 By:
5 MAYOR
6
MONAOF BOUNTY ATTORNEY
8 (SEAL)
AA?
9
1, :
10 ATTEST: KEVIN MADOK, CLERK
11
12
13
14 AS DEPUTY CLERK
80f8
5322
18 l'3
d ��
3 � a
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 From: Emily Schemper, A.LC.P., C.F.M.,
11 Senior Director, Monroe County Planning & Environmental Resources Department
12
13 Date: June 30'', 2023
14
15 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
16 COMMISSIONERS AMENDING MONROE COUNTY LAND
17 DEVELOPMENT CODE SECTION 101-1 — DEFINITIONS AND CHAPTER
18 122, ARTICLE I., SECTION 122-3 — DEFINITIONS, TO UPDATE THE
19 DEFINITION OF MARKET VALUE TO BE CONSISTENT WITH THE
20 FLORIDA DIVISION OF EMERGENCY MANAGEMENT - BUREAU OF
21 MITIGATION - STATE OFFICE OF FLOODPLAIN MANAGEMENT'S
22 DECEMBER 2022 GUIDANCE ON MARKET VALUE AND MODEL
23 FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS WRITTEN TO
24 EXPLICITLY RELY ON AND BE COORDINATED WITH THE FLOOD
25 PROVISIONS IN THE FLORIDA BUILDING CODE, MEETING THE
26 NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS AND
27 APPROVED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY
28 IN 2013; PROVIDING FOR SEVERABILITY; PROVIDING FOR
29 APPLICABILITY; PROVIDING FOR REPEAL OF CONFLICTING
30 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
31 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
32 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
33 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.'
34
35 Meeting: July 19th, 2023
36
37 I. REQUEST
38
39 The Monroe County Building Department (Office of Floodplain Management) and the Planning &
40 Environmental Resources Department are proposing amendments to Section 101-1 — Definitions, and
41 Section 122-3 —Definitions (Floodplain Management),to update the definition of"market value"in each
42 section, to be consistent with the State of Florida Division of Emergency Management's ("FDEM")
43 December 2022 Guidance on Market Value. The amendment will remove the addition of a fixed 20%
44 above the assessed value per the Monroe County Property Appraiser's Office's assessed value.
45
46
File No.2023-024.
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1 II. BACKGROUND INFORMATION
2
3 On November 15, 2022, the Monroe County Board of County Commissioners adopted Ordinance No.
4 026-2022 (Exhibit 1.), amending Chapter 122 of the Land Development Code to be consistent with the
5 FDEM's model floodplain management ordinance which is written to explicitly rely on and be
6 coordinated with the flood provisions in the Florida Building Code, meeting the National Flood
7 Insurance Program ("NFIP") requirements and approved by the Federal Emergency Management
8 Agency ("FEMA") in 2013. The professional staff report prepared for the public hearing on that
9 ordinance is attached as Exhibit 2.
10
11 Following adoption of Ordinance No. 026-2022, FDEM issued a letter of conditional approval of the
12 County's Ordinance (see Exhibit 3.), stating:
13
The Office of IHooctl)birrr Pdarwageiinorrt twow.,rr cewed a copy of ffie recui ly adopted
arrierrr iineMs to fllre corrrrn uirwrty s ftw:odpWrr nrnrrrrwgerrrrrer t rerrlrrrireorerrts. Ac.rcoirr.ing[ ,ttwis ietterr
aclkriowwledges rrec6pt arrrw.l conditional aipiprrov,ai of Orr iiaance o 02 -2022 ar No-022 2022,
whl ch ameiiid the floradpiadr'o crranagi�errriermt rregUtr°ernietits. The fermis of Chis cord tror� aplawova�+ l
trrrr ir.ucle tl)f,w toilovwing
i :ter `122-2 defines th e terror'market va�Ue,' spec.rf iim g a fixed factor to be rill:p4ied to the
tax asso sir,*r.t vaitre(A t)Wr Irtsrigs Shortly before the Board Hof County my lw(),rrllruin"wsiol wr`!s
Mwernber 15, 20,22 riieetrrrrrl,, at wt7 chi the orrdir aime,s werre adoplert, we nofiifinect' the
t:"orrrrrty Staff Mat we WoUd riot be abW trr apl hove the co<lrfncahor of fixed factors. 'We
w iidll provide the rrilic9aiiice we developed irn carriSLOation Mtltr FEMA If egroirrr N w< id~!rvrlli
work Ml our ,,;gaff to arr arnerirrtTner°rt to that cletrr"ritmui.
14
15
16 The guidance referenced above was published by FDEM on December 7,2022(see Exhibit 4.)and states
17 that"a small number of Florida communities have codified a fixed adjustment factor, usually expressed
18 as a percentage. In consultation with FEMA, FDEM OFM [Office of Floodplain Management] has
19 determined that communities must not codify a fixed factor." In order to meet this State and Federal
20 guidance and continue to maintain good standing in the National Flood Insurance Program (NFIP), the
21 County must update the adopted ordinance to remove the 20%fixed factor from the definition of"market
22 value." The proposed amendment will remove the 20% fixed percentage adjustment to "market value,"
23 as requested by FDEM, and bring the County's floodplain management ordinance(s) into compliance
24 with FDEM and FEMA requirements for continued participation in the National Flood Insurance
25 Program (NFIP).
26
27
28 Community Meeting and Public Participation
29 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on February 21",2023,
30 at 5:05 P.M.,to provide for public input. There were zero(0) attendees from the community and five (5)
31 County professional staff members in attendance.
32
33 Development Review Committee
34 On April 25 h,2023,the Development Review Committee held a virtual meeting to review and consider
35 proposed amendment thereto.
36
37 Planning Commission and Public Input
38 The Planning Commission considered amending the Code thereto at a regular meeting on May 24 h,
Professional Staff Report Page 2 of 15
Planning&Environmental Resources Department File No.2023-024
5324
1 2023, and recommended approval.
2
3 III. PROPOSED LAND DEVELOPMENT CODE AMENDMENTS
4
5 Proposed Amendments are shown with e etions ;�Fieke fliF ii and additions are t,vi ediri-e( .
6
7 Sec. 101-1. -Definitions.
8
9 The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed
10 to them in this section, except where the context clearly indicates a different meaning:
11
12
13
14
15 Market value means the price at which a property will change hands between a willing buyer and a
16 willing seller, neither party being under compulsion to buy, sell, or otherwise transfer, and both having
17 reasonable knowledge of relevant facts. As used in this code, the term "market value" refers to the
18 market value of buildings and structures, excluding the land and other improvements on the parcel.
19 Market value may be established by a qualified certified independent appraiser, Actual Cash Value
20 (replacement cost depreciated for age and quality of construction), or tax assessment valuer
21 itljw,�etl by 2() pefeetii f,2�(046) RHIAei VI:.kie. A uniform appraisal report prepared by a
22 qualified certified independent appraiser submitted by the applicant may be used if the Floodplain
23 Administrator considers such appraisal consistent with local construction costs. A structure or building
24 originally manufactured or built as a vehicle, shall exclusively be appraised by utilizing the Kelley Blue
25 Book or a NADA appraisal. Documentation of alleged local construction costs submitted by a property
26 owner to the Floodplain Administrator must be submitted in the form of a sworn or attested affidavit that
27 shall be based upon the personal knowledge of the certifying affiant and must be notarized. Where an
28 appraisal is not accepted because it appears to be inconsistent with local construction costs,the applicant
29 may request review by an independent third-parry appraiser duly authorized by the county. The cost of
30 such independent review shall be borne by the applicant. The reviewing appraiser shall determine if the
31 appraisal value reasonably reflects an appropriate market value of the structure. The reviewing
32 appraiser's determination must be in writing and shall be sworn or attested to by the affiant and expressly
33 provide that it is based on the certifying affiant's personal knowledge and must be notarized.
34 Professionals preparing appraisals, or appraisal reviews, shall be required to possess certifications as
35 state certified residential appraisers for appraising one to four family residential properties and state
The_imauia a a�a_� �_u _ur;r�ar�r�uunauui_V_u]loos_uuna��u��(�r�_a�!u,ar;�_u�➢ur,�u�uu�,_�➢ua dun_uu_➢<aa_valui _ask_u hijl���uu�:a�ur,�uuua_iuuua,aka_➢un�luuu�:�➢u_am
1ml_11u,�l o➢ge 1_ uungau_�� pMun uuir_a uu_�➢y _ aQ uu _➢ _uu ur f6fl➢a ws:
_ fiuVur__i➢ue_a ffkj_l➢ ax_ur�r��r;r;uuwlft� a➢ua_�.pMun uu➢< � uuunpau�� uun uui_� i➢ua ._u(1u_�➢u _q uaj]�]Juu�__01,";�u_aaa_iu;au� _��a_➢uu��uuu�,_�➢u�_➢_uuu�M
1u1u� _a1�➢u1 11unm9.au �<_1un 1u�r au_u_i➢ua_��_a_ _ ➢u_ui ur;_ � ➢apa �__uml_pauaq ➢ur,➢u qy_i➢u _ auuu_a _ _auau_a _�uapau_u _ aau_uur, u_r;_� uuua_ ,
fit u�a__�➢ua_a ua:a uii� �_u __ar;r;a r ruuna,iu�_�_u➢uu �u_un_uu➢ a� uuunlata�a_uunauin:_ _u➢uua i_a u ➢ua_ �uu➢�juu�i 01_r _una_-uuu_a_�a,�a➢uu��uu ;_�➢ia�,:
d11u� _11i a�➢ua 1_ tulgal_�t�a_t11a 1u r_a tu_ ➢ua_ a �_u_a_➢_J_wjj h__uuu__u n�ur�u_una_ti��a_�➢u un�_u __ur,r a r;r u_una_u'in.�_u➢uua__�a__u alat,a uuun_u�a,_uun ufl<o vahic
p,4L��',whelu_i➢_u _u� guar iuMun uui_u ua_�a u__�. _. �_ 9.au_ j I 'Ll_uuu_�a uiuiu q _ihe a uauu�TyY I`Ir Wj-y a au our, u_,_ _ 1_u_r uuv➢__u u_a_ _uu;a
li �_;ua�1__1 <,1uu1➢ �ar�,, u(?Lsj2�,a 1u1�e��_11u1f1�i(fti l q�1a1V 1u <,a_u uu 11u y1a <�_ua 1 1js,_f r 11un1,hj j, q�uaukfilu�s �➢u�_(_'giuui
�1a�iayl_u;�_��a�a1_u�r 1_r;�a�a_1u1�_r,_i➢u� i11un _pa�1_ua���_��ual ulu�_�➢p1a_➢u�➢_u�_u ua_ia�1ur,_� a➢1��_�� �__�_uMuna�lu ➢ur;.i l ---------- 11i''Im
dQ gr �a r� / r d r rla q _� la _,�_well l V�IIr i_ui _a a �_Va 1_u _u_�D1v:r;ua lu a u_➢ tun<_1�.uaa_ _e _u1u u1 _1un 1;ai �3ua1 uua a um
M1il .uivalu__-- uu1a_ _au_- Va1a-pa➢u11u_ _u1uu1<_1un
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Planning&Environmental Resources Department File No.2023-024
5325
I certified general appraisers for all other properties including commercial and multi-residential. Neither
2 an appraisal making an extraordinary assumption that a building or structure was in good condition as
3 of a date prior to a flood event nor a retrospective appraisal (an appraisal done retrospectively based on
4 a date prior to the flood event) shall be eligible for consideration or relief. A building or structure that
5 was never lawfully permitted in the first place shall not be eligible for issuance of a permit or
6 development approval.
7
8
9
10 Chapter 122 FLOODPLAIN MANAGEMENT
11
12
13
14 Sec. 122-3. —Definitions.
15 The following words, phrases and terms shall, for the exclusive purposes of this chapter only, have the
16 specific definitions and meanings shown in this section. Where such words, phrases and terms are not
17 defined in this chapter and are defined in the Florida Building Code, such words,phrases and terms shall
18 have the meanings ascribed to them in the Florida Building Code. Where such words,phrases and terms
19 are not defined in this chapter or the Florida Building Code, the County shall utilize the adopted
20 definitions within Chapter 101 of the Monroe County Land Development Code. If the definitions of
21 such words,phrases and terms are not within the Land Development Code,the words,phrases and terms
22 shall have ordinarily accepted meanings as its context and the context of its provision and its provision's
23 structural placement imply.
24
25
26 Market value means the price at which a property will change hands or be transferred between a
27 willing buyer and a willing seller, neither parry being under compulsion to buy, sell or transfer and
28 both having reasonable knowledge of relevant facts, which shall include imputing constructive
29 knowledge of controlling local, state, and federal laws and regulations. As used in this chapter, the
30 term "market value" refers to the market value of buildings and structures, excluding the land and
31 other improvements on the parcel. Market value may be established by a qualified certified
32 independent appraiser, Actual Cash Value (in-kind replacement cost depreciated for age, wear and
33 tear, neglect, and quality of construction), established by a qualified certified independent appraiser
34 or tax assessment valuei
�_➢ua_is� a__uia a a�a_� �_u ur;r�ar�r�itnaiq ��uua_uuna��u��(�r�_a�k_ar;�_ubljs�tuuu�,_�h a afl<o v a➢uua a-- a l-uuu,---uu _iuuua aka_➢uu��uuu��.�➢uam
h1ml_111,�l o➢ er J1ungau_�� pMun uuir_a uu_�➢y _ Q uu _➢ _uu ur f6fl➢a ws:
fiuVur__i➢ue_Off u_l➢ ux_ur�r��r;r;uuwlft a➢ua_�.pMun uu➢< � uuunpau�� uun uui_� i➢ua ._u(1u_�➢u _q uaj]<]Juu�__01,";�u_aaa_iu;au< _��a_➢uu<�uuu�,_�➢u�_➢_uuu�M
�u1u��_a�1�➢u31 11unm9.au����<_1un11uuru a�u_u_i➢u� �a_<�_a_�_�,.�➢u_ui ur;_������➢a�pa���__uuu��_pauaq�➢ur,➢u��� q�y_i➢u�_l�a�uuu_a��_�_a�uau_a� _�°ua�pa�u_u�%_��a�au_uur,�u_r;_��uuua_�,
fit u�a__�➢ua_a ua:a uii� �_u __ar;r;a r ruuna,iu�_�_u➢uu �u_un_uu➢ a� uuunlata�a_uunauin:_ _u➢uua i_a u ➢ua_ �uu➢�juu�i 01_r _una_-uuu_a_�a,�a➢uu��uu ;_�➢ia�,:
d11u� _113i a�➢ua 1_ tulgal_�t�a_t11a 1u�r_atu_ ➢ua_ a �_u_a_➢ _ �➢u__uuu__unuur�u_una_ti��a_�➢u un lax__ur,ra r;ru_una_u'in.�_u➢uua__�a__ualat,a uuun_u�a,_uun uu➢<a,p� _u➢uua.
.�1!�_��',whelu_i➢_u _u� �uariuMun uui_u ua_�a u__�.�_. i_ 9.au_ j I 'Ll_uuu_�a uiuiu q _ihe a uauu�Tyy_➢ r Wj-y a au uur, u_,_ _ _�"_u_r uu:➢ _u ua�a u,_u1_u
13 3_;ua�1__1 r,1uu1➢ 1ar , u(?Lsj2�,a 1u13_� imfi�i(fti l bu jj u1u <,a1.1 1u 11u y1u3<�_ua 1 ujs,_f�11__lunu,hj j, q�ua1kfil1�s �➢u�_(_'gi1j
�1a iayl_u; _ a a1_u r; 1_r, a q_1u1 r, ➢_u �11un__i 1_ua�_�uMal ulu _ ➢p1a_➢u ➢u _u ua_ia 1__ir, a➢1� _�.< ._,_ _uuna lu ➢ur,__ _ _I r aQ �rraQjemce I
dQ gr �a r� /a to _�rr;la q _� 1 _,�_~He sll l V�,Ih ➢_ o d a ➢_D1��ur,ua�llu_O ➢ uun<1��_1aa y_e�_u1_u u�<_1un 1_ui_ _13uir uua_a�u_ u�11�,_u>i 01�
M_u�ffk"3Of1-Va�a���ga➢111u e�u1u_u��_u;un�lui_��D3ar �����m�.
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Planning&Environmental Resources Department File No.2023-024
5326
I it�jwM ey�l... y 2() �,)e eew f"(�°°����� icy ����.����y��y��u ���i �r��'if 1�c� V'IVyi.e A uniform appraisal report prepared by
2 a qualified certified independent appraiser submitted by the applicant may be used if the Floodplain
3 Administrator considers such appraisal consistent with local construction costs. A structure or
4 building originally manufactured or built as a vehicle, shall exclusively be appraised by utilizing the
5 Kelley Blue Book or a NADA appraisal.Documentation of alleged local construction costs submitted
6 by a property owner to the Floodplain Administrator must be submitted in the form of a sworn or
7 attested affidavit that shall be based upon the personal knowledge of the certifying affiant and must
8 be notarized. Where an appraisal is not accepted because it appears to be inconsistent with local
9 construction costs, the applicant may request review by a qualified certified independent third-party
10 appraiser duly authorized by the county. The cost of such independent review shall be borne by the
11 applicant. The reviewing appraiser shall determine if the appraisal value reasonably reflects an
12 appropriate market value of the structure. The reviewing appraiser's determination must be in a
13 written document, shall be sworn or attested to by the certifying affiant and expressly provide that it
14 is based on the certifying affiant's personal knowledge, and must be notarized. Professionals
15 preparing appraisals or appraisal reviews shall be required to possess certifications as state certified
16 residential appraisers for appraising one to four family residential properties and state certified
17 general appraisers for all other properties including commercial and multi-residential. Neither an
18 appraisal making an extraordinary assumption that a building or structure was in good condition as
19 of a date prior to a flood event nor a retrospective appraisal (an appraisal done retrospectively based
20 on a date prior to the flood event) shall be eligible for consideration or relief. A building or structure
21 that was never lawfully permitted in the first place shall not be eligible for issuance of a permit or
22 development approval.
23
24
25
26 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
27
28 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
29 158(d)(7)(b):
30
31 1. Changed projections (e.g., regarding public service needs) from those on which the text or
32 boundary was based;
33 N/A.
34
35 2. Changed assumptions (e.g., regarding demographic trends);
36 N/A.
37
38 3. Data errors, including errors in mapping, vegetative types and natural features described in
39 volume 1 of the plan;
40 N/A.
41
42 4. New issues;
43
44 Amendments to the County's Floodplain Management Ordinance (Chapter 122 of the Land
45 Development Code) are necessary to be consistent with FEMA updated provisions (Technical
46 Bulletins, policies, and guidance), incorporate and be consistent with the State of Florida
47 Division of Emergency Management ("FDEM") - Bureau of Mitigation - State Floodplain
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5327
I Management Office model floodplain management ordinance and to continue to fulfill the
2 National Flood Insurance Program ("NFIP")requirements. Additionally,the Code update will
3 allow the County to continue to meet the requirements and activities of the Community Rating
4 System ("CRS").
5
6 5. Recognition of a need for additional detail or comprehensiveness; or
7
8 The National Flood Insurance Program (NFIP) is a federally-subsidized flood damage
9 insurance program administered by the Federal Emergency Management Agency (FEMA)
10 enabling property owners in participating communities to purchase flood insurance in
11 exchange for the community's adoption of floodplain management regulations to reduce future
12 flood damages. The County has been participant of the NFIP program since 1973, with the
13 adoption and effective date of the initial floodplain management regulations of Monroe
14 County.
15
16 Since the 2010 edition of the Florida Building Code ("FBC"), the FBC has incorporated flood
17 provisions that meet or exceed the minimum NFIP requirements for buildings and structures.
18 The FBC was updated in 2014, 2017, and 2020 to continue to reflect, meet and/or exceed the
19 minimum NFIP requirements. Additionally, in 2015,FEMA started issuing updated Technical
20 Bulletins and policies with new standards and guidance for development within the Special
21 Flood Hazard Areas.
22
23 Further in 2012, Florida Division of Emergency Management (FDEP) State Floodplain
24 Management Office developed a model floodplain management ordinance for local
25 communities, written explicitly to rely on the flood provisions in the Florida Building Code.
26 FEMA approved the model floodplain management ordinance in 2013. Over the past
27 approximate 10 years, FDEM has worked with nearly all of Florida's 468 NFIP communities
28 to transition to the model floodplain management ordinance.
29
30 6. Data updates;
31
32 N/A.
33
34 In no event shall an amendment be approved which will result in an adverse community change
35 to the planning area in which the proposed development is located or to any area in accordance
36 with a Livable CommuniKeys (LCP) master plan pursuant to findings of the Board of County
37 Commissioners.
38
39 The proposed text amendment is not anticipated to result in an adverse community change.
40
41 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
42 PRINCIPLES FOR GUIDING DEVELOPMENT,AND THE FLORIDA STATUTES.
43
44 A. The Proposed Amendment is Consistent with the Goals, Objectives, and Policies of the Monroe
45 County 2030 Comprehensive Plan. Specifically,it furthers:
46
47 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
48 County residents and visitors, and protect valuable natural resources.
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I Policy 101.5.30: In order to preserve the existing community character and natural environment, Monroe
2 County shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
3 distance between grade and the highest part of any structure,including mechanical equipment,but excluding
4 spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or
5 television antennas; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
6 supporting structures with attached antennas and/or collocations. However, in no event shall any of the
7 exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable
8 height limitations, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33.In the case of
9 airport districts, there shall be no exceptions to the 35-foot height limitation.
10
11 Policy 101.5.32: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
12 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
13 public health, safety and general welfare; allow adaptation to coastal flooding,storm surge and other hazards;
14 protect property from flooding and minimize damages; minimize public and private losses due to flooding;
15 minimize future expenditures of public funds for flood control projects and for recovery from flood events;
16 and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of
17 five (5) feet above the 35-foot height limit shall be provided to allow lawfully existing buildings to be
18 voluntarily elevated up to three (3) feet above FEMA base flood elevation; and a flood protection height
19 exception of a maximum of three (3) feet above the 35-foot height limit shall be provided to allow new (new
20 construction or substantially improved)buildings to voluntarily elevate up to three(3)feet above FEMA base
21 flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce
22 flood insurance premiums and minimize future expenditures of public funds for recovery from flood events.
23 In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height
24 of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.
25
26 Policy 101.5.33: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
27 Development Regulations which provide a Flood Protection Height Exception for lawfully established
28 existing buildings which exceed the 35-foot height limit,to promote public health,safety and general welfare;
29 allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and
30 minimize damages; minimize public and private losses due to flooding; minimize future expenditures of
31 public funds for flood control projects and for recovery from flood events;and mitigate rising flood insurance
32 premiums. A lawfully established existing building may be repaired,improved,redeveloped and/or elevated
33 to meet required FEMA base flood elevation(`BFE")provided the building does not exceed a total maximum
34 building height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area,
35 building envelope (floor to floor height), density and type of use. For lawfully established existing buildings
36 that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the
37 Board of County Commissioners shall be required to review and specify the maximum approved height prior
38 to issuance of any county permit or development approval. The Planning Commission shall provide a
39 recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution
40 specifying the maximum approved height.
41
42 Policy 101.9.5: Existing manufactured homes which are damaged or destroyed so as to require substantial
43 improvement shall be required to meet the most recent HUD standards, and the floodplain management
44 standards set forth by FEMA.
45
46 Objective 101.10: Monroe County shall provide for drainage and stormwater management so as to protect
47 real and personal property and to protect and improve water quality.
48
49 Policy 101.12.3: Monroe County shall coordinate the siting of new public facilities with the appropriate local,
50 state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable
51 state and federal regulations.
52
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5329
I Objective 101.14: Monroe County shall maintain land development regulations which direct future growth
2 away from areas within the Coastal High Hazard Area("CHHA").
3
4 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and
5 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
6 tropical hardwood hammock).
7
8 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space requirement shall
9 be one hundred(100)percent of the following types of wetlands:
10 1. Submerged lands
11 2. Mangroves
12 3. Salt ponds
13 4. Fresh water wetlands
14 5. Fresh water ponds
15 6.Undisturbed salt marsh and buttonwood wetlands
16 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
17 and buttonwood wetlands only for use as transferable development rights("TDRs")away from these habitats.
18 Submerged lands, salt ponds, freshwater ponds,and mangroves shall not be assigned any density or intensity.
19
20 Objective 102.3: Monroe County shall maintain land development regulations which will direct new
21 development to areas having appropriate topography and soil conditions and to where site disturbance and
22 man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
23 and marine resources.
24
25 Objective 102.7: Monroe County shall take actions to discourage new private development in areas
26 designated as units of the Coastal Barrier Resources System ("CBRS").
27
28 Objective 105.1:Monroe County shall continue to implement smart growth initiatives in conjunction with its
29 Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
30 processes to preserve the natural environment, maintain and enhance the community character and quality of
31 life,redevelop blighted commercial and residential areas,remove barriers to design concepts,reduce sprawl,
32 and direct future growth to appropriate infill areas.
33
34 GOAL 202: The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays,
35 lakes and tidal streams,) and associated marine resources shall be maintained and,where possible,improved
36 or restored.
37
38 Policy 202.4.1: Monroe County shall support state and federal policies and regulations concerning the
39 permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by
40 Monroe County shall be maintained.
41
42 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves,
43 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and,where possible,
44 restored and enhanced.
45
46 Objective 203.1: Monroe County shall protect its mangrove wetlands by continuing to implement regulations
47 which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts
48 of development upon mangroves.
49
50 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected
51 and,where possible,restored and enhanced.
52
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I Policy 204.2.2: To protect submerged lands and wetlands,the open space requirement shall be 100 percent of
2 the following types of wetlands:
3 1. Submerged lands;
4 2. Mangroves;
5 3. Salt ponds;
6 4. Fresh water wetlands;
7 5. Fresh water ponds; and
8 6.Undisturbed salt marsh and buttonwood wetlands.
9 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
10 and buttonwood wetland only for use as transferable development rights away from these habitats. Submerged
11 lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or intensity. Within one
12 (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a
13 prohibition of development in salt ponds.
14
15 GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
16 where possible, enhanced.
17
18 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
19
20 Policy 206.1.4: Monroe County shall implement a "Permit Referral Process" for review of all development
21 that occurs within areas designated as "Species Focus Areas ("SFAs")" or"Species Buffer Areas ("SBAs")".
22 The SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS) which contain
23 potentially suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer,
24 Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus
25 Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail.
26
27 Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency
28 ("FEMA") to review permit applications for compliance with the Federal Endangered Species Act through
29 the "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process"
30 is to implement regulations that will assure,consistent with the 10'Amendment to the U.S.Constitution,state
31 and county regulations, proper record retention, coordination, and notification of FEMA and USFWS
32 regarding permit applications filed with or issued by Monroe County.
33
34 Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development permit
35 application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and
36 endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and/or are not
37 included in the species addressed under the "Permit Referral Process" ("PRP") in Policy 206.1.4 above, to
38 consult directly with USFWS and provide authorization from USFWS to Monroe County before
39 commencement of development.
40
41 Objective 206.2: Monroe County shall provide guidance to private landowners to reduce disturbances to
42 wildlife species designated by the FWS as threatened or endangered.
43
44 GOAL 208: Monroe County shall discourage private land uses on its mainland, offshore islands and
45 undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated
46 with private land uses on adjoining lands.
47
48 GOAL 210: The health and integrity of Monroe County's beach/berm resources shall be protected and,when
49 possible,restored and enhanced.
50
51 Objective 212.5: Monroe County shall maintain land development regulations pertaining to shoreline
52 stabilization.
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I GOAL 216: Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment
2 to increase public safety and reduce damages and public expenditures.
3
4 Objective 216.1: Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard
5 Area(CHHA)which reduces floodplain alteration and damage or loss due to natural disasters.
6
7 Policy 216.1.4: Monroe County shall continue its policy of reviewing the current Building Code and, as
8 appropriate, adopting structural standards and site alteration restrictions that meet or exceed the minimum
9 FEMA requirements. The Building Code shall be reviewed and revised at least every five years. The
10 recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to
11 the Code.
12
13 Policy 216.1.5: Monroe County shall continue to participate in the National Flood Insurance Program
14 ("NFIP") Community Rating System ("CRS") to the maximum extent possible and shall seek to improve its
15 current CRS Class rating.
16
17 Policy 216.1.6: Monroe County shall continue to enforce federal, state and local setback and elevation
18 requirements to promote the protection and safety of life and property. Revisions to the existing setback
19 requirements contained in the land development regulations shall be considered as a means of reducing
20 property damage caused by storms.
21
22 Policy 216.1.7: Monroe County shall consider floodplain management and CHHA issues in making public
23 acquisition decisions.
24
25 Policy 216.1.8: Monroe County shall require that, to the greatest extent practicable, development activity,
26 such as land clearing, grading and filling will not disturb natural drainage patterns.
27
28 Policy 216.2.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies
29 procedures for implementing programs for immediate repair, replacement, and cleanup, and long-term
30 rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged
31 infrastructure and consideration of alternatives to its repair or replacement in the CHHA.
32
33 Policy 216.2.3: The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage
34 within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and
35 shall specify procedures for relocating or replacing public infrastructure away from them,where feasible.
36
37 Policy 216.2.4: Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with
38 Emergency Management to include in the Local Mitigation Strategy considerations for repetitive loss and
39 severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible
40 to repeated damage.
41
42 Objective 216.3: Monroe County shall maintain land development regulations which directs future growth
43 away from the Coastal High Hazard Area(CHHA).
44
45 Objective 601.3:Monroe County shall continue implementation efforts to eliminate substandard housing and
46 to preserve, conserve and enhance the existing housing stock,including historic structures and sites.
47
48 Policy 601.3.1: Monroe County shall coordinate with other County agencies to monitor housing conditions.
49 Standards for evaluation of the structural condition of the housing stock are summarized below:
50 Sound: Most housing units in this category are in good condition and have no visible defects. However,
51 some structures with slight defects are also included.
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I Deteriorating: A housing unit in this category needs more repair than would be provided in the course of
2 regular maintenance, such as repainting.A housing unit is classified as deteriorating when its deficiencies
3 indicate a lack of proper upkeep.
4 Dilapidated(Substandard): A housing unit in this category indicates that the unit can no longer provide
5 safe and adequate shelter or is of inadequate original construction including being constructed below the
6 minimum required elevation by FEMA or the County's Floodplain Regulations.
7
8 Policy 601.3.2: The County Code Compliance Office and Building Department will enforce building code
9 regulations and County ordinances governing the structural condition of the housing stock, to ensure the
10 provision of safe, decent and sanitary housing and stabilization of residential neighborhoods.
11
12 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
13 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental
14 organizations and private organizations to exchange data and develop coordinated strategies to address energy
15 conservation and impacts from climate change.
16
17 Objective 1501.1: Monroe County shall coordinate and collaborate with municipalities and other public and
18 private entities to address energy conservation strategies and unique climate change impacts, including
19 adaptation and mitigation strategies.
20
21 Policy 1501.1.4: Monroe County shall seek the support of agencies, such as the National Oceanic and
22 Atmospheric Administration ("NOAA"), U.S. Geological Survey ("USGS"), Federal Emergency
23 Management Agency (FEMA), the U.S. Department of Interior, the U.S. Army Corps of Engineers
24 ("ACOE"), as well as universities and not-for-profit organizations to coordinate support for updating,
25 exchanging and analyzing data regarding potential changes in climate change vulnerability.
26
27 Objective 1502.1: In conjunction with future updates to the 2030 Comprehensive Plan and land development
28 regulations, the County shall update the data and assumptions related to climate change impacts to
29 infrastructure based on the latest scientific predictions and observed (monitored) impacts. Monroe County
30 shall also consider climate change impacts such as increased temperatures, sea level rise,potentially shifting
31 habitat and ecosystem types and the need to withstand increased storm surge in evaluating public infrastructure
32 decisions.
33
34 Policy 1503.1.4: Monroe County shall review the most updated FEMA maps within one (1) year of their
35 release and evaluate floor elevation requirements, as necessary, for all new construction in vulnerable areas.
36
37 Policy 1503.4.1: Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County
38 shall review its post-disaster redevelopment plan and land development regulations to include, as appropriate,
39 consideration of climate change impacts,repetitive loss structures and shoreline stabilization needs.
40
41 Objective 1504.1: Within five (5)years after the adoption of the 2030 Comprehensive Plan, the County shall
42 revise its land acquisition and preservation policies to consider the climate change-related values of natural
43 areas for sequestering carbon and providing climate adaptation and mitigation benefits such as the resource's
44 strategic capacity to absorb floodwaters and address coastal ecosystem migration.
45
46 B. The Amendment is Consistent with the Principles for Guiding Development for the Florida Keys
47 Area, Section 380.0552(7), Florida Statutes.
48
49 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
50 principles for guiding development and any amendments to the principles, the principles shall be construed
51 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
52
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I (a) Strengthening local government capabilities for managing land use and development so that local
2 government is able to achieve these objectives without continuing the area of critical state concern
3 designation.
4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
5 wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
7 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
8 their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
10 development.
11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
12 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
13 ensuring that development is compatible with the unique historic character of the Florida Keys.
14 (g) Protecting the historical heritage of the Florida Keys.
15 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
16 public investments,including:
17
18 1. The Florida Keys Aqueduct and water supply facilities;
19 2. Sewage collection, treatment, and disposal facilities;
20 3. Solid waste treatment, collection, and disposal facilities;
21 4. Key West Naval Air Station and other military facilities;
22 5. Transportation facilities;
23 6. Federal parks,wildlife refuges, and marine sanctuaries;
24 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
25 8. City electric service and the Florida Keys Electric Co-op; and
26 9. Other utilities, as appropriate.
27
28 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
29 replacement of stormwater management facilities; central sewage collection; treatment and disposal
30 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
31 disposal systems.
32 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
33 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
34 applicable, and by directing growth to areas served by central wastewater treatment facilities through
35 permit allocation systems.
36 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
37 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
38 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
39 manmade disaster and for a post-disaster reconstruction plan.
40 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
41 Florida Keys as a unique Florida resource.
42
43 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
44 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
45
46 C. The Proposed Amendment is Consistent with the Part II of Chapter 163, Florida Statutes.
47 Specifically,it furthers:
48
49 Fla. Stat. § 163.3161(4)—It is the intent of this act that local governments have the ability to preserve and
50 enhance present advantages; encourage the most appropriate use of land,water, and resources,consistent
51 with the public interest; overcome present handicaps; and deal effectively with future problems that may
52 result from the use and development of land within their jurisdictions. Through the process of
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I comprehensive planning,it is intended that units of local government can preserve,promote,protect,and
2 improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and
3 fire prevention, and general welfare; facilitate the adequate and efficient provision of transportation,
4 water, sewerage, schools,parks,recreational facilities,housing, and other requirements and services; and
5 conserve, develop,utilize, and protect natural resources within their jurisdictions.
6
7 Fla. Stat. § 163.3161(6)—It is the intent of this act that adopted comprehensive plans shall have the legal
8 status set out in this act and that no public or private development shall be permitted except in conformity
9 with comprehensive plans,or elements or portions thereof,prepared and adopted in conformity with this
10 act.
11
12 Fla. Stat. § 163.3164(14)—"Development"has the same meaning as in s. 380.04.
13
14 Fla. Stat. § 163.3177(l)—The comprehensive plan shall provide the principles, guidelines, standards,and
15 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
16 development of the area that reflects community commitments to implement the plan and its elements.
17 These principles and strategies shall guide future decisions in a consistent manner and shall contain
18 programs and activities to ensure comprehensive plans are implemented. The sections of the
19 comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and
20 policies,shall describe how the local government's programs,activities,and land development regulations
21 will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It
22 is not the intent of this part to require the inclusion of implementing regulations in the comprehensive
23 plan but rather to require identification of those programs, activities, and land development regulations
24 that will be part of the strategy for implementing the comprehensive plan and the principles that describe
25 how the programs,activities,and land development regulations will be carried out.The plan shall establish
26 meaningful and predictable standards for the use and development of land and provide meaningful
27 guidelines for the content of more detailed land development and use regulations.
28
29 Fla. Stat. § 163.3177(6)(d) —A conservation element for the conservation, use, and protection of natural
30 resources in the area,include ng air,water,water recharge areas,wetlands,waterwells,estuarine marshes,
31 soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine
32 habitat, minerals, and other natural and environmental resources, including factors that affect energy
33 conservation.
34
35 Fla. Stat. § 163.3178(2)(a) — A land use and inventory map of existing coastal uses, wildlife habitat,
36 wetland and other vegetative communities, undeveloped areas, areas subject to coastal flooding,public
37 access routes to beach and shore resources,historic preservation areas, and other areas of special concern
38 to local government.
39
40 Fla. Stat. § 163.3178(2)(f)—A redevelopment component that outlines the principles that must be used to
41 eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The
42 component must:
43 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
44 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater
45 runoff, and the related impacts of sea-level rise.
46 2. Encourage the use of best practices development and redevelopment principles, strategies, and
47 engineering solutions that will result in the removal of coastal real property from flood zone designations
48 established by the Federal Emergency Management Agency.
49 3. Identify site development techniques and best practices that may reduce losses due to flooding and
50 claims made under flood insurance policies issued in this state.
51 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida
52 Building Code and applicable flood plain management regulations set forth in 44 C.F.R.part 60.
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1 5. Require that any construction activities seaward of the coastal construction control lines established
2 pursuant to s. 161.053 be consistent with chapter 161.
3 6. Encourage local governments to participate in the National Flood Insurance Program Community
4 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance
5 premium discounts for their residents.
6
7 Fla. Stat. § 163.3194(l)(a)—After a comprehensive plan, or element or portion thereof,has been adopted
8 in conformity with this act,all development undertaken by,and all actions taken in regard to development
9 orders by, governmental agencies in regard to land covered by such plan or element shall be consistent
10 with such plan or element as adopted.
11
12 Fla. Stat. § 163.3201 —Relationship of comprehensive plan to exercise of land development regulatory
13 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
14 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
15 development of lands and waters within an area. It is the intent of this act that the adoption and
16 enforcement by a governing body of regulations for the development of land or the adoption and
17 enforcement by a governing body of a land development code for an area shall be based on,be related to,
18 and be a means of implementation for an adopted comprehensive plan as required by this act.
19
20 Fla. Stat. § 163.3202(2) — Local land development regulations shall contain specific and detailed
21 provisions necessary or desirable to implement the adopted comprehensive plan and shall at a minimum:
22 (a) Regulate the subdivision of land.
23 (b) Regulate the use of land and water for those land use categories included in the land use element and
24 ensure the compatibility of adjacent uses and provide for open space.
25 (c)Provide for protection of potable water wellfields.
26 (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
27 management.
28 (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan.
29
30
31 VI. PROCESS
32
33 Land Development Code amendments may be proposed by the Board of County Commissioners, the
34 Planning Commission, the Director of Planning,private application, or the owner or other person having
35 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
36 shall review and process applications as they are received and pass them onto the Development Review
37 Committee and the Planning Commission.
38
39 The Planning Commission shall hold at least one public hearing. The Planning Commission shall so
40 review, consider reports and recommendations of the Department of Planning & Environmental
41 Resources and the Development Review Committee and any other materially relevant information
42 offered. The Planning Commission shall submit its recommendation to the Board of County
43 Commissioners ("BOCC"). The BOCC holds a public hearing to consider the adoption of the proposed
44 amendment, and considers the staff report, staff recommendation, Planning Commission
45 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
46 amendment based on one or more of the factors established in Land Development Code("LDC") Section
47 102-158(d)(7).
48
49 VII. PROFESSIONAL STAFF RECOMMENDATION
50
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I Approval.
2
3 VIII.EXHIBITS
4
5 Exhibit 1. —Monroe County Ordinance No. 026-2022
6 Exhibit 2. —Staff Report for Ordinance No. 026-2022
7 Exhibit 3. —Letter of Conditional Approval December 28, 2022
8 Exhibit 4. —Florida Guidance for Adjustment Factors Applied to Tax Assessment Values - 12/7/2022
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