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Home My WebLink AboutItem L1 L1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting April 16, 2025 Agenda Item Number: L1 2023-3923 BULK ITEM: No DEPARTMENT: District 3 TIME APPROXIMATE: STAFF CONTACT: Sue Burke 850-341-5041 AGENDA ITEM WORDING: MAYOR SCHOLL: Discussion of height limits in Monroe County. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Discussion. DOCUMENTATION: Municipality Height Regulations.pdf Monroe County Height Regulations - Comp Plan and LDC April 2025.pdf Summary and Table - Monroe County Vs Municipal Height Regulations.pdf FINANCIAL IMPACT: N/A 1970 Incorporated Municipalities' Height Regulations Key West Charter 1.05 - Height restriction. (a) Building height restrictions in the city's land development regulations and building code in effect as of the adoption of this charter section are subject to change only upon approval of a majority of the qualified electors casting ballots at a general municipal election. (b) If the board of adjustment approves a height variance for habitable building space,this approval shall be submitted to the voters for ratification in the next regularly scheduled election. Board of adjustment approval shall not become effective until voter ratification. Board of adjustment height variances for nonhabitable purposes, including, but not limited to, radio towers, antennae and spires, shall be final and not be subject to referendum. Board of adjustment height variances for a build back of involuntarily destroyed structures which are nonconforming in their height shall also be final and not be subject to referendum. (c) The maximum allowable height for habitable space on approximately 2.62 acres of City owned property on College Road in the HDR-1 zoning district shall be 40 feet for those projects that are devoted entirely to affordable workforce housing. Comprehensive Plan Policy 1-1.1.3: - Intensity Defined. Floor Area Ratio (FAR) refers to the total floor area of a building(s) on any lot, parcel, or site. Floor areas do not apply to residential developments. For purposes of calculating floor area, parking area located beneath the building shall not be counted. FAR computations shall include all uses on the lot, parcel or site, including both institutional and non-residential floor area.The term "building height" as used in the Land Development Regulations shall mean the vertical distance from the crown of the nearest adjacent street to the highest point of the proposed building.The maximum FARs are further restricted by quantitative and qualitative criteria included in the Land Development Regulations, including but not limited to, such factors as minimum open space; concurrency management and level of service standards for traffic circulation; storm water management and other public facilities and services; off- street parking and internal circulation; height restrictions; landscaping; other required on-site improvements and design amenities required to achieve land use compatibility. OBJECTIVE 1-1.12: -CONSIDER APPLICATION OF INNOVATIVE LAND AND WATER RESOURCE MANAGEMENT, CLIMATE ADAPTATION, AND ENERGY CONSERVATION CONCEPTS. Policy 1-1.12.5: - Increased Height. The City shall consider allowing increased heights for new construction or redevelopment if such additional height is justified based on adopted Coastal High Hazard Maps and Storm Surge Flood Maps in order to promote safe new development and redevelopment based on sea level rise predictions. Such additional height must be compatible with surrounding development. Land Development Regulations Sec. 107-203. - Height. The height of structures in the planned redevelopment and development (PRD) shall not exceed 30 feet. 1of7 1971 Key West(continued) Sec. 122-1149. - Height. (a) The term "building height" as used in the land development regulations shall mean the vertical distance from the crown of the nearest adjacent street to the highest point of the proposed building. (b) Height limitations contained in the schedule of district regulations located in divisions 2 through 14 of article IV of this chapter, in division 2 of this article and in this division shall apply to all construction unless otherwise stated herein below and/or in section 122-1151. (c) These height regulations may be waived subject to the variance criteria found in section 90-391 in order to accommodate nonhabitable hardware and utility structures typically associated with the principal structure, including spires, belfries, cupolas, antennas,water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy or use. (d) Flood Protection Building Height Exception: An exception to the building height regulations as referenced in subsection (b) above, may be permitted in cases where a building is raised above ground to meet or exceed FEMA established base flood elevation levels under the following conditions: 1. Only the equivalent measure of distance from the existing ground level, prior to infill,to the required base flood elevation of the building, and up to a maximum of four(4)feet above the base flood elevation, may exceed the building height regulations. 2. No exception shall result in a building height that would exceed 40 feet Sec. 90-391. -Variances. An owner or his authorized agent may request a variance from the land development regulations as provided for in this division.The planning board shall have the quasi-judicial power necessary to grant such variances that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the land development regulations would result in unnecessary hardship. A variance from the terms of the land development regulations shall not be granted by the planning board unless and until the requirements of this division are met. 2of7 1972 Marathon Comprehensive Plan Policy 1-3.2.5 Maximum Height Limitation The maximum height of any structure permitted for maintenance, repair, expansion or new construction within the City of Marathon shall be forty-two (42)feet (in Datum NAVD88)with the exception of permitted projections, unless further restricted by the Land Development Regulations. The purpose of this provision is to allow some flexibility in meeting the City's Floodplain regulations and revised FEMA Floodplain Maps. Nonconforming structures may be repaired, maintained or expanded as long as any alterations to the structure does not increase the nonconformity. Land Development Regulations Sec 107.40 Maximum Height A. Unless provided for elsewhere in the LDRs,the maximum height of any structure permitted for maintenance, repair, expansion or new construction within the City of Marathon shall be 42 feet (in Datum NAVD88)feet as measured from the unimproved grade directly adjacent to the structure or from the crown of the roadway, whichever is greater. No structure, except for deed restricted affordable housing, shall exceed three (3) stories whether a story is utilized for building entry, parking, storage, habitation or a valid commercial or industrial use.The purpose of this provision is to allow some flexibility in meeting the City's Floodplain regulations and revised FEMA Floodplain Maps. Nonconforming structures may be repaired, maintained or expanded as long as any alterations to the structure does not increase the nonconformity. B. Building height shall be measured to the highest point of the roof.The height measurement shall be to the roof peak for structures with pitched roofs and the roof slab for structures with flat roofs. Sec 107.41 Height--Exceptions to Limits The following structures may be erected above the height limits of this Code: minor decorative architectural features as determined by the Director, mechanical equipment, skylights,flagpoles, air conditioner units, plumbing stacks, church steeples, ham radio antennas, and antenna supporting structures. Except for architectural features, all such structures shall be screened from view; screening is allowed only to the minimum height necessary. 3 of 7 1973 Islamorada Charter Sec 11 General Provisions (1) Charter amendments.This charter may be amended in accordance with the provisions for charter amendments as specified in the Municipal Home Rule Powers Act, F.S. ch. 166, as the same be amended from time to time, or its successor, or as may otherwise be provided by general law.The form, content, and certification of any petition to amend shall be established by ordinance. (2) Standards of conduct. All elected officials and employees of the village shall be subject to the standards of conduct for public officers and employees set by general law. In addition,the village council shall, no later than six months from the effective date of incorporation, establish by ordinance a code of ethics for officials and employees of the village which may be supplemental to general law, but in no case may such an ordinance diminish the provisions of general law.The intent of this provision of the charter is to require more stringent standards than those provided under general law. (3) Height restrictions.The maximum height of a structure in the village, as defined in the code, shall be 35 feet, excluding chimneys, spires and steeples on structures utilized for institutional and public uses only, radio or television antennas,flagpoles, solar apparatus and utility poles, excluding the replacement of a structure to existing height if destroyed by a natural disaster and providing for a variance procedure. Comprehensive Plan Policy 1-2.1.7: Establish Height Limitation The maximum height of any habitable portion of a structure shall be thirty-five(35)feet, unless further restricted by the Land Development Regulations. Land Development Regulations Sec 30-32 Specific Definitions Building height means the measurement of the vertical distance between one of the following: (a) The vertical distance above the crown of road of the adjacent fronting road to the highest point of a structure; (b) The vertical distance between the existing average grade and the highest point of a structure, provided however, if the existing average grade is below the crown of road it may be increased no more than three feet from the existing average grade. (c) The design flood elevation (DFE) or up to three feet above the DFE and the highest point of a structure located within the special flood hazard area (SFHA); whichever is higher.This measurement includes mechanical equipment, but excludes chimneys, spires and steeples on structures utilized for institutional and public uses only, radio or television antennas,flagpoles, solar apparatus, and utility poles. However, in no event shall any of the exclusions enumerated above be constructed to permit any habitable or usable space to exceed the applicable height limitation of 35 feet within all zoning districts. In the case of airport districts,the height limitations therein shall be absolute and the exclusions enumerated above shall not apply. 4of7 1974 Layton Land Development Regulations Sec. 101-4. - Rules of construction; definitions. Building height means the vertical distance between the crown of the nearest paved road and the highest part of any structure, including mechanical equipment, but excluding chimneys, spires and steeples on structures utilized for institutional and public uses only, radio or television antenna, flagpoles, solar apparatus, and utility poles. However, in no event shall any of the exclusions enumerated in this definition be construed to permit any habitable or usable space to exceed the applicable height limitations. "SF" Single-Family; "MF" Multifamily; "C" Commercial;"CD" Conservation; "PD" Public Use---Maximum Heigh 30' 5 of 7 1975 Key Colony Beach Land Development Regulations Sec. 101-33. - Height. The following regulations apply in all districts: (1) Exemptions.The height limitations of this chapter shall not apply to chimneys and standpipes. (2) Roof top equipment. Water tanks, and necessary air conditioning and other mechanical appurtenances,when appropriately screened, may be erected on a building to a height greater than the limit established for the district in which the building is located, provided that no such exception shall cover more than eight (8) per cent of the area of the roof on which it is located nor shall it be used for dwelling purposes.The screening shall be erected only to a height and size necessary to screen the equipment and must be shown on the plans and approved by the building official. (3) Under no circumstances shall the exemptions or rooftop equipment cause thereto be any structure or appurtenances of a height greater than five (5)feet above the height of the main structure. Sec. 101-10. - R-1A One dwelling unit residence district. Sec. 101-11. - R-1B One dwelling unit residence district. Sec. 101-12. - R-2A Two dwelling unit residence district. Sec. 101-14. - R-2C Two dwelling unit residence district. Height. Maximum of 30 feet or 2 stories, whichever is less,for structures with habitable dwelling space below the applicable base flood elevation. Maximum of 40 feet and 2 stories and a minimum of 2' additional freeboard over that mandated by Florida Building Code for structures where all habitable space exceeds applicable base flood elevation. No mechanical equipment shall be allowed on roof. Sec. 101-13. - R-2B Two dwelling unit residence district. (8) Height. Maximum of 20 feet or 1 story, whichever is less,for structures with habitable dwelling space below the applicable base flood elevation. Maximum of 40 feet and 2 stories and a minimum of 2' additional freeboard over that mandated by Florida Building Code for structures where all habitable space exceeds applicable base flood elevation. In the event that application is made to elevate only one- half of an existing duplex,the architectural review procedures of section 101-167(2)(i) shall be applicable,with a particular emphasis on the resulting harmoniousness with the adjoining half-duplex. Notification of the architectural review hearing shall be made in writing to all property owners withing three hundred (300)feet of the proposed construction and notice of the hearing shall be published in a newspaper of general circulation in Key Colony Beach no less than seven (7) days prior to the date of the hearing. No mechanical equipment shall be allowed on roof. Sec. 101-15. - R-3 Multiunit residence district. (10) Height. Maximum of 3 stories, but in no case more than 35 feet, whichever is less,for structures with habitable dwelling space below the applicable base flood elevation. Maximum of 48 feet and three stories and a minimum of 2' additional freeboard over that mandated by Florida Building Code for structures where all habitable space exceeds applicable base flood elevation. No mechanical equipment shall be allowed on roof. 6of7 1976 Key Colony Beach (continued) Sec. 101-16. - RH Resort hotel district. (II)Height. Maximum of 3 stories, but in no case more than 48 feet in height. No mechanical equipment shall be allowed on roof. Sec. 101-17. - B-1 Neighborhood business district. (10) Height. Maximum of 2 stories, but in no case more than 48 feet in height and a minimum of 2' additional freeboard over that mandated by Florida Building Code. No mechanical equipment shall be allowed on roof. Sec. 101-18. - PB Public buildings and grounds districts. Height maximum of 2 stories but in no case more than 48 feet in height and a minimum of 2' additional freeboard over that mandated by Florida Building Code. No mechanical equipment shall be allowed on roof. Sec. 101-19. - PR Public recreation district. Height maximum of 40 feet. 7of7 1977 MONROE COUNTY - Height Regulations (April 2025) Comprehensive Plan — Objective 101.5 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. [F.S. § 163.3177(6)(a)] Policy 101.5.30 In order to preserve the existing community character and natural environment, Monroe County shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or television antennas; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna supporting structures with attached antennas and/or collocations. However, in no event shall any of the exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable height limitations, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts, there shall be no exceptions to the 35-foot height limitation. (Ord. No. 016-2017, § 1, 9-27-2017) Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding community, and has a distinct community character, buildings may include non-habitable architectural decorative features (such as finials, railings, widow's walk, parapets)that exceed the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the building's roof-line. This exception shall not result in a building together with any architectural decorative feature with a height that would exceed 40 feet. In addition, within the Ocean Reef gated master planned community, upon evidence submitted that the proposed building height has been approved by the master association, Ocean Reef Community Association Inc., pursuant to its Building Regulations and Restrictions, buildings containing multifamily residential, transient, and/or nonresidential uses may be developed or redeveloped to a total maximum building height of 60 feet, provided the buildings are limited to four(4) habitable floors. Such development on property owned by Ocean Reef Club, Inc. shall not be required to provide evidence it has been approved by the master association, based on its exemption from master association review under the Ocean Reef gated master planned community's governing documents. As used in this policy, a master planned community means a planned community of 100 or more acres in area subject to a master plan or other development order approved by the county where public access is restricted and the community is operated and maintained by the community including the provision of comprehensive, private utilities and transportation facilities and services within its boundaries and a homeowners association or similar entity which regulates development standards and monitors development requests by its members. 1of6 1978 (Ord. No. 016-2017, § 1, 9-27-2017; Ord. No. 046-2019, § 1, 12-11-2019) Policy 101.5.32 Monroe County shall maintain Land Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and minimize damages; minimize public and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for recovery from flood events; and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of five (5)feet above the 35-foot height limit shall be provided to-allow lawfully existing buildings to be voluntarily elevated up to three (3)feet above FEMA base flood elevation; and a flood protection height exception of a maximum of three (3)feet above the 35-foot height limit shall be provided to allow new (new construction or substantially improved) buildings to voluntarily elevate up to three (3)feet above FEMA base flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce flood insurance premiums and minimize future expenditures of public funds for recovery from flood events. In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet. After the adoption and on the effective date of updated FEMA Flood Insurance Rate Maps (FIRMs), lawfully established existing residential buildings and new residential buildings (includes substantial improvements) located within the Special Flood Hazard Area shall have a maximum height limit of 40 feet in order to elevate to or maintain the required elevation based on the Florida Building Code, as specified in R322.2.1 and R322.3.2 (elevation requirements). Additions to lawfully established existing residential buildings within the Special Flood Hazard Area that are substantial improvements shall have a maximum height limit of 40 feet in order to elevate the addition to the Florida Building Code required flood elevation. Additions to lawfully established existing residential buildings within the Special Flood Hazard Area that are not substantial improvements shall have a maximum height limit of 40 feet, if the addition meets the Florida Building Code flood elevation requirements in R322.2.1 and R322.3.2; the remaining lawfully established existing building shall not receive the flood height exception of 40 feet. Any portion of the building within the Special Flood Hazard Area that meets the required flood elevation of the updated FEMA FIRMs shall be given a height limit of 40 feet. In no case shall this height limit for flood protection result in a new residential building or a lawfully existing residential building exceeding a maximum height of 40 feet. Updated FEMA FIRMs are the maps adopted subsequent to FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps, dated February 18, 2005. (Ord. No. 016-2017, § 1, 9-27-2017; Ord. No. 013-2022, § 2(Exh. 1), 8-17-2022; Ord. No. 028- 2022, § 2, 11-15-2022) Policy 101.5.33 Monroe County shall maintain Land Development Regulations which provide a Flood Protection Height Exception for lawfully established existing buildings which exceed the 35-foot height limit, to promote public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and minimize damages; minimize public and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for recovery from flood events; and mitigate rising flood insurance 2of6 1979 premiums. A lawfully established existing building may be repaired, improved, redeveloped and/or elevated to meet required FEMA base flood elevation (BFE) provided the building does not exceed a total maximum building height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area, building envelope (floor to floor height), density and type of use. For lawfully established existing buildings that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the Board of County Commissioners shall be required to review and specify the maximum approved height prior to issuance of any county permit or development approval. The Planning Commission shall provide a recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution specifying the maximum approved height. (Ord. No. 016-2017, § 1, 9-27-2017; Ord. No. 013-2022, § 2(Exh. 1), 8-17-2022) Glossary Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the structure, whichever is higher. Height means the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding the following: spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna supporting structures with attached antenna and/or collocations as permitted in the Land Development Code. However, in no event shall any of the exclusions enumerated in this definition be construed to permit any habitable or usable space to exceed the maximum height limitation. In the case of airport districts, the height limitations therein shall be absolute and the exclusions enumerated in this definition shall not apply. 3of6 1980 Land Development Code 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: Grade means the highest natural elevation of the ground surface,prior to construction, next to the proposed walls of a structure,or the crown or curb of the nearest road directly adjacent to the structure,whichever is higher.To confirm the natural elevation of the ground surface, prior to construction,the county shall utilize the Light Detection and Ranging(LiDAR)dataset for Monroe County prepared in 2007 and other best available data, including, but not limited to, pre-construction boundary surveys with elevations, pre-construction topographic surveys,elevation certificates and/or other optical remote sensing data. Height means"the vertical distance between grade and the highest part of any structure,including mechanical equipment, but excluding the following: chimneys;spires and/or steeples on structures used for institutional and/or public uses only; radio and/or television antenna,flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna supporting structures with attached antenna and/or collocations as permitted in Chapter 146. However, in no event shall any of the exclusions enumerated in this definition be construed to permit any habitable or usable space to exceed the applicable height limitations. In the case of airport districts,the height limitations therein shall be absolute and the exclusions enumerated in this definition shall not apply. (Ord. No.006-2016,§ 1(Exh. 1),4-13-2016; Ord. No.017-2017,§ 1,9-27-2017;Ord. No.011-2018,§ 1,5-16-2018; Ord. No.014-2019, § 1,5-22-2019;Ord. No.015-2019,§ 1, 5-22-2019; Ord. No.008-2020, § 1, 1-22-2020; Ord. No. 010-2020,§ 1,2-19-2020,eff. 6-4-2020; Ord. No.016-2020, § 1,6-17-2020;Ord. No.001-2021, §2,2-17-2021; Ord. No.011-2021, § 1,5-19-2021,eff.9-13-2021; Ord. No.026-2022,§2, 11-15-2022;Ord. No.017-2023, §2,7- 19-2023) Sec. 131-2. Maximum Height. No structure or building shall be developed that exceeds a maximum height of 35 feet. Exceptions will be allowed for chimneys; spires and/or steeples on structures used for institutional and/or public uses only; radio and/or television antenna;flagpoles; solar apparatus; utility poles and/or transmission towers;and certain antenna supporting structures with attached antenna and/or collocations as permitted in chapter 146. Exceptions will be allowed for flood protection as specifically permitted in Policies 101.5.32 and 101.5.33,and within Ocean Reef as provided in Comprehensive Plan Policy 101.5.31 and restated in subsection (a) below. However, in no event shall any of the exclusions enumerated in this section be construed to permit any habitable or usable space to exceed the maximum height limitation,except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts,the height limitations there in shall be absolute and the exclusions enumerated in this section shall not apply. (a) Within the Ocean Reef master planned community which is gated,isolated and inaccessible to the surrounding community,and has a distinct community character, buildings may include non-habitable architectural decorative features(such as finials, railings,widow's walk, parapets)that exceed the 35- foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the building's roof- line.This exception shall not result in a building together with any architectural decorative feature with a height that would exceed 40 feet. In addition,within the Ocean Reef gated master planned community, upon evidence submitted that the proposed building height has been approved by the master association,Ocean Reef Community 4of6 1981 Association Inc., pursuant to its building regulations and restrictions, buildings containing multifamily residential,transient,and/or nonresidential uses may be developed or redeveloped to a total maximum building height of 60 feet, provided the buildings are limited to four habitable floors.Such development on property owned by Ocean Reef Club, Inc.shall not be required to provide evidence it has been approved by the master association,based on its exemption from master association review under the Ocean Reef gated master planned community's governing documents. (b) As provided in Policy 101.5.32, buildings voluntarily elevated to meet or exceed the FEMA Base Flood Elevation (BFE) may exceed the 35-foot height limit as follows: (1) For NEW single family(detached dwelling unit)and multi-family(attached dwelling unit) buildings which are voluntarily elevated to exceed the building's minimum required BFE,an exception of a maximum of three(3)feet above the 35-foot height limit may be permitted.The amount of the height exception shall be no greater than the amount of voluntary elevation above BFE. In no event shall a new building exceed 38 feet in height or two(2) habitable floors.The space below the lowest habitable floor of an elevated structure shall be limited to a maximum of 299 square feet of enclosed floor area and shall be used exclusively for parking of vehicles, elevators, limited storage and/or building access purposes.This exception shall apply to the substantial improvement of buildings,whether voluntary or not. (2) For lawfully established EXISTING(detached and attached dwelling unit) buildings which do not exceed the 35-foot height limit and are voluntarily retrofitted to meet and/or exceed the building's minimum required BFE,an exception of a maximum of five (5)feet above the 35-foot height limit may be permitted.The amount of the height exception shall be no greater than the distance necessary to elevate the building to meet BFE plus up to three(3)feet of voluntary elevation above BFE. In no event shall an existing building be elevated to exceed a total building height of 40 feet. (3) No exception shall result in a total building height that exceeds 40 feet. (4) Buildings not being elevated to at least meet the required FEMA BFE are not eligible for this exception. (c) As provided in Policy 101.5.32,after the adoption and on the effective date of updated FEMA flood insurance rate maps(FIRMS), residential buildings elevated to meet or exceed the FEMA base flood elevation (BFE) may exceed the 35-foot height limit as follows: (1) Lawfully established existing residential buildings and new residential buildings(includes substantial improvements) located within the special flood hazard area,shall have a maximum height limit of 40 feet in order to elevate to or maintain the required elevation based on the Florida Building Code,as specified in R322.2.1 and R322.3.2(elevation requirements). a. In no event shall a new residential building exceed 40 feet in height. b. Additions to lawfully established existing residential buildings that are substantial improvements shall have a maximum height limit of 40 feet in order to elevate the addition to the Florida Building Code required flood elevation. C. Additions to lawfully established existing residential buildings that are not substantial improvements shall have a maximum height limit of 40 feet, if the addition meets the Florida Building Code flood elevation requirements in R322.2.1 and R322.3.2;the remaining lawfully established existing building shall not receive the flood height exception of 40 feet. d. Any portion of the building that meets the required flood elevation of the updated FEMA FIRMS shall be given a height limit of 40 feet. (2) The updated FEMA flood insurance rate maps are the maps adopted subsequent to FEMA flood insurance study and the accompanying flood insurance rate maps,dated February 18,2005. 5of6 1982 (3) The total building height shall not exceed 40 feet. Buildings not elevated to or maintaining the required elevation based on the Florida Building Code,are not eligible to use the height limit within this subsection. (d) As provided in Policy 101.5.33, lawfully established EXISTING multi-family(attached dwelling unit) buildings which exceed the 35-foot height limit may be repaired, improved, redeveloped and/or elevated to meet the required FEMA BFE provided the building does not exceed a total maximum building height of 40 feet,and the building is limited to the existing lawfully established intensity,floor area, building envelope(floor to floor height),density and type of use.A Flood Protection Height Exception of a maximum of five(5)feet may be permitted to meet the building's minimum required FEMA BFE.The amount of the exception shall be no greater than the amount of elevation necessary to meet BFE. Buildings not being elevated to at least meet the required FEMA BFE are not eligible for this exception. (e) As provided in Policy 101.5.33,for lawfully established EXISTING multi-family(attached dwelling unit) buildings which exceed the 35-foot height limit that are proposed to exceed a total height of 40 feet,a public hearing before the Planning Commission and Board of County Commissioners to review and specify the maximum approved height shall be required prior to issuance of any county permit or development approval.The Planning Commission shall provide a recommendation to the BOCC on the maximum height of a building.The BOCC shall adopt a resolution specifying the maximum approved height. (1) For lawfully established EXISTING multi-family(attached dwelling unit) buildings that are voluntarily repaired,improved, redeveloped and/or elevated to meet the building's minimum required FEMA BFE, but will require a height exception of more than five(5)feet,a Flood Protection Height Exception exceeding the 35-foot height limit may be provided by the BOCC based on the following criteria: a. The flood zone of the parcel; b. The number of dwelling units lawfully established and an analysis of the number of dwelling units which may not be able to redevelop on the subject parcel without a height exception; C. The physical characteristics of the existing building and parcel; d. The susceptibility of the existing building and its contents to flood damage and the effects of such damage on the property owner; e. The possibility that materials from the existing building may be swept onto other lands to the injury of others; f. The availability of alternate solutions; g. If the new proposed building height will result in increased flood risk; result in additional threats to public safety; result in extraordinary public expense; create nuisance; or cause fraud on or victimization of the public;and h. Community character. i. Buildings not being elevated to at least meet the required FEMA BFE are not eligible for this exception. (2) A BOCC resolution shall specify the findings of criteria of(d)(1)a.through i. (above)and specify the approved maximum total height for the proposed building. (Ord. No.006-2016,§ 1(Exh. 1),4-13-2016; Ord. No.017-2017,§ 1,9-27-2017;Ord. No.047-2019,§ 1, 12-11-2019; Ord. 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Good morning, Please be advised that a time approximate of 1:30 P.M. has been added to item L1. "Mayor Scholl:Discussion of height limits in Monroe County." Sincerely, A-t e to ( hhr stine 1 vrLe�, Covwt� Ac{wdn strator -?,us�wess M,2n,29er- Ac{wdn stratiow ssaa Sintooton street, Sv to 2-205 K.e� west; FL :2,:2,04 0 (�2,05)292--4-4-4�2, (o ffiCe) (:2,05):2,9:2,--4-4-4 2 (ceLL Phone) (�2,05)292-4 54 (fax) Courier Stop #! gaLLa�d-�iwdseU�w�ow�oeco�cwtU-A.r.4oy www.vKowroeco�cwtU-A.�oy Monroe County, Florida "The Florida Keys" "We may encounter many defeats, but we must not be defeated."-Maya Angelou PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM T}EE COUNTY 2E(�ARDINC� COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. 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