HomeMy WebLinkAboutItem S1
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U.S. Department of Homeland Security
Region 4
3005 Chamblee Tucker Road
Atlanta, GA 30341
March 28, 2025
Christine Hurley
County Administrator
Monroe County
1100 Simonton Street, Suite 205
Key West, FL 33040
Re: Elimination of 2014 Implementation Plan for Monroe County Flood Inspection and Compliance
program
Dear Ms. Hurley:
Thank you for taking the time to meet with me and my team at FEMA’s regional office in Atlanta on
March 26. We appreciate your partnership and share your commitment of keeping people safe
during flooding events.
During the meeting, we discussed your request to eliminate the 2014 Implementation Plan, and we
concur that the time has come for Monroe County to move forward.
Monroe County has demonstrated compliance with the minimum standards of the National Flood
Insurance Program (NFIP), while also meeting the higher standards necessary for a Class 3 rating in
the NFIP Community Rating System. I commend you and your team forthe hard work and
dedication to these efforts over the last decade.
Adopting stronger building codes and enforcing those requirements through code enforcement is the
responsibility of the community.
As discussed, FEMA agrees that the non-conversion agreement adopted into the county’s regulations
meets the intent of the remedial plan to prevent habitable enclosures below elevated buildings. We
also concur with your request to eliminate the requirement that limits the size of these lower
enclosures to 299 square feet as long as the county continues to ensure the use of the space will be
limited to storage, parking, and building access.
FEMA’s floodplain management staff, in partnership with the Florida Division of Emergency
Management, will add a compliance component to review a random sample of structures within the
county during the Community Assistance Visits (CAVs) that are conducted for Endangered Species
Act (ESA). These visits will take place in six-month intervals and serve a dual purpose of providing
technical assistance to the community and assuring that the community is adequately enforcing its
floodplain management regulations within the Special Flood Hazard Area.
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Again, I want to thankyou for your partnership,and I am so very pleased we have been able to work
together to balance NFIP compliance requirements and the needs of Monroe County residents
without compromising public safety.
If you have any questions please contact FEMA Region 4 Office, Jason Hunter, Floodplain
Management andInsurance Branch Chief, at jason.hunter@fema.dhs.govor call 404-909-6125.
Sincerely,
Robert D. Samaan
Regional Administrator
Cc:
Jacky Bell, Director, Region 4 Mitigation Division
Jason Hunter, Region 4 Floodplain management & Insurance Branch Chief
Jillian Kraynak, Florida NFIP State Coordinator
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1
2
3
4 MEMORANDUM
5 M ONROE C OUNTY P LANNING &E NVIRONMENTAL R ESOURCES D EPARTMENT
6 We strive to be caring, professional and fair
7
8 To:Monroe County Board of County Commissioners
9
12
10 Through:Devin Tolpin, A.I.C.P.,C.F.M.,Senior Director
11Monroe County Planning and Environmental Resources Department
12
13 From:Barbara Powell, Planning Policy Advisor
14Monroe County Planning and Environmental Resources Department
15
16 Date:September 8, 2025
17
3
18 Subject:APublicHearingtoConsiderApprovalofanOrdinanceAmending Chapter 122
19(Floodplain Management)of the Monroe County Land Development Code,Eliminating
20the Implementation Plan for the Monroe County FloodInspection and Compliance
4
21Program,as requested by the BOCC at BOCCsApril 16, 2025, RegularPublicMeeting.
22
23 Meeting:October 15, 2025
24
25 I. REQUEST:
26
27At itsApril 16, 2025, regularpublicmeeting, the Monroe County Board of County Commissioners
28(BOCC,MonroeCounty,Board,ortheCounty) adopted ResolutionNo.166-2025,directing
29Planning and Environmental Resources Department professionalstaffto amend Chapter 122(Floodplain
30Management)of the Monroe County Land Development Code(LDC)toeliminatethe Implementation
31Plan for the Monroe County FloodInspection and Compliance Programandto include the following
32changes:
33Eliminatethe 299 square foot size restriction of enclosed areas below elevated buildings; and
34Eliminatethe required inspections of enclosed areas below elevated residential structures prior
35to the transfer of ownership; and
36Eliminate the Floodplain Certificate of Compliance Program.
37
38 II. BACKGROUND INFORMATION:
39
40In January 2002, the FederalEmergencyManagementAgency(FEMA)National Flood Insurance
41Program (NFIP) notified Monroe Countyby letterthat effective May 31, 2002, the unincorporated areas
42of Monroe County would be placed on probationary status unless Monroe County addressed deficiencies
1
.I.C.P.
2
Association .S.F.M..F.M.
3
Monroe County Planning and Environmental Resources Department File No. 2025-072.
4th
See, 2025, public meeting agenda.
BOCCSR 10.15.2025Page 1of 21
Monroe County Planning and Environmental Resources Department FileNo.2025-072
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1 The letter provided the following specific actions to
2avoid probation:
3 Pass a resolution by February 28, 2002, committing to the implementation of the inspection
4procedure as described in the Federal Register Final Rule dated June 27, 2000.
5 Begin implementation of the pilot inspection program by March 14, 2002, by identifying and
6
7floodplain management ordinance in accordance with the Final Rule, beginning with those
8structures with enclosures less than four (4) years old. Within this group of structures with
9enclosures less than four (4) years old, the County should work with the older violations first,
10working toward the most recent violations.
11 Submit to the Regional Office no later than April 11, 2002, an implementation plan that will
12
13(4)
14Ordinance and the minimum requirements of the NFIP. The plan must include specific actions
15that the County agrees to undertake to identify and to reduce potential damages to the non-
16compliant buildings as well as the financial exposure to the NFIP. The plan is to include
17appropriate timeframes and assign responsible parties for each action.
18 Obtain approval of the plan by FEMA Region IV no later than May 9, 2002.
19
20Monroe County accomplished the following requirements within the timeframe stipulated:
21 February 13, 2002, the BOCC adopted Resolution No. 080-2002 committing to implement an
5
22Inspection Procedure.
23 March 20, 2002, the BOCC adopted Resolution No. 115-2002 adopting the first iteration of
24
6
25Remedial Plan.
26 ubsequent
7
27amendments to the Implementation Plan occurred by and through Resolution No. 187-2002,
89
28by and through Resolution No. 152-2003, by and through Resolution No. 440-2011, and by
10
29and through Resolution No. 193-20142014
30
31
32After meeting with Monroe County Administrator, Christine Hurley, and County professional staff on
33March 26, 2025, the FEMA District IV Regional Administrator, Mr. Robert Samaan, issued a letter on
34March 28, 2025, that agreed to the elimination of the 2014 Implementation Plan. In the letter, Mr. Samaan
35noted that the County had/has demonstrated compliance with the minimum standards of the National
36Flood Insurance Program (NFIP), as well as meeting the higher standards necessary for a Class 3 rating
37in the NFIP Community Rating System (CRS). Further, the letter confirmed that the amendments to
38repeal and reenact Chapter 122 (Floodplain Management) to be consistent with the Florida Division of
39Emergency Management's State Model Ordinance to fulfill the requirements of the National Flood
40Insurance Program meets the intent of the Remedial Plan.
5th
See , 2002, public meeting agenda.
6th
See , 2002, public meeting agenda.
7th
See BOCC Agenda Item K1April 17, 2002, public meeting agenda.
8th
See BOCC Agenda Item M3April 16, 2003, public meeting agenda.
9th
See , 2011, public meeting agenda.
10
See .
BOCC SR 10.15.2025 Page 2 of 21
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1 Community Meeting and Public Participation:
2In accordance with LDC Section 102-159(b), a community meeting is required to be held. The virtual
3meeting was held on May 20, 2025, to discuss the proposed amendment to the Land Development Code.
4There were no members of the public in attendance.
5
6 Development Review Committee:
7On June 24, 2025, the Development Review Committee reviewed and considered the proposed
8amendment to the Code at a regularly scheduled public meeting. On June 25, 2025, the DRC Chair signed
9Resolution No. 14-25, recommending approval of the proposed text amendment.
10
11 Planning Commission Meeting and Public Input: On August 27, 2025, the Planning Commission
12considered the proposed amendment to the Code, provided for public input and recommended approval
13of the proposed amendment to the Land Development Code through Planning Commission Resolution
14No. P25-25.
15
16 Prior Relevant BOCC Action:
17On February 13, 2002, the BOCC adopted Resolution No. 080-2002, committing to implement an
18pection Procedu to identify and reduce potential damage to non-compliant buildings and financial
19exposure to the NFIP, and to ensure Monroe County remained eligible for the Federal Emergency
20Management Floodplain Management Program.
21
22On March 20, 2002, the BOCC adopted Resolution No. 115-2002, which adopted the first iteration of the
23ementation Plan for Monroe County Flood Insurance Inspection and Compliance
24(Implementation Plan), commonly referred to as thRemedial Plan.
25
26The Implementation Plan was further amended by and through Resolution No. 187-2002 on April 17,
272002, by and through Resolution No. 152-2003 on April 16, 2003, and by and through Resolution No.
28440-2011 on December 14, 2011.
29
30On August 20, 2014, the BOCC adopted the most recent amendment of the Implementation Plan by and
31through Resolution No. 193-2014, which included five (5) ctions to ensure no new additional illegal
32structures
331. Inspection on Transfer of Ownership Program; and
342. Limited Square Footage below Base Flood Elevation (Maximum of 299 square feet); and
353. Chapter 122 Land Development Code floodplain regulations consistent with FEMA Federal
36Regulations and State of Florida Building Regulations; and
374. Certificate of Compliance Program; and
385. Inadvertent observation of illegal structures below base flood elevation.
39
11
40On November 15, 2022, the BOCC adopted Ordinance No. 026-2022, updating Chapter 122 of the LDC,
41, to be consistent with the State Floodplain Management
42 The update included a requirement for nonconversion
43agreements for enclosed areas below elevated buildings.
44
45
11th
See , 2022, public meeting agenda.
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Monroe County Planning and Environmental Resources Department File No. 2025-072
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1 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT:
2Proposed text is shown as follows: additions are set forth below in red underline and deletions are set forth
3in red strikethrough.
4
5Sec. 122-11. Permits.
6(a) Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to
7undertake any development activity within the scope of this chapter, including buildings, structures
8and facilities exempt from the Florida Building Code, which is wholly within or partially within any
9flood hazard area shall first make application to the floodplain administrator, and the building official
10if applicable, and shall obtain all the required floodplain development orders or permits. No such
11order or permit shall be issued until compliance with the requirements of this chapter and all other
12applicable codes and regulations has been satisfied.
13(b) Floodplain development orders or permits. Floodplain development orders or permits shall be
14issued pursuant to this chapter for any development activities not subject to the requirements of the
15Florida Building Code, including buildings, structures and facilities exempt from the Florida
16Building Code. Depending on the nature and extent of proposed development that includes a building
17or structure, the floodplain administrator may determine that a floodplain development order is
18required in addition to a building permit.
19(c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the
20requirements of federal regulations for participation in the National Flood Insurance Program (44
21C.F.R. Sections 59 and 60), floodplain development orders or permits shall be required for the
22following buildings, structures and facilities that are exempt from the Florida Building Code and any
23further exemptions provided by law, which are subject to the requirements of this chapter:
24(1) Railroads and ancillary facilities associated with the railroad.
25(2) Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
26(3) Temporary buildings or sheds used exclusively for construction purposes.
27(4) Mobile or modular structures used as temporary offices.
28(5) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly
29involved in the generation, transmission, or distribution of electricity.
30(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
31Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a
32thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any
33electrical, plumbing, or other non-wood features.
34(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled
35on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of
36granite, marble, or reinforced concrete.
37(8) Temporary housing provided by the Department of Corrections to any prisoner in the state
38correctional system.
39(9) Structures identified in F.S. § 553.73(10)(k) are not exempt from the Florida Building Code, if
40such structures are located in flood hazard areas established on flood insurance rate maps.
41(d) Application for a floodplain development order or permit. To obtain a floodplain development order
42or permit the applicant shall first file an application in writing on a form approved by the building
43official and furnished by the Building Department. The information provided by the applicant shall
44accurately, at a minimum:
45(1) Identify and describe the scope of work and development to be covered by the order or permit.
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1(2) Describe the land on which the proposed development is to be conducted by complete legal
2description, street address or similar description that will readily identify and definitively locate
3the site.
4(3) Indicate the use and occupancy for which the proposed development is intended.
5(4) Be accompanied by a site plan or construction documents as specified in Section 122-13 of this
6chapter.
7(5) State the valuation of the proposed work.
8(6) Be signed by the applicant or by the applicant's authorized agent.
9(7) Give such other data and information as required by the floodplain administrator.
10(8) For projects proposing to enclose areas under elevated buildings, include signed nonconversion
11agreement; the agreement shall be recorded on the property deed prior to issuance of the certificate
12of occupancy.
13(e) Validity of floodplain development order or permit. The issuance of a floodplain development
14order or permit pursuant to this chapter shall not be construed to be a permit for, or approval of, any
15violation of this chapter, the Florida Building Code, or any other ordinance, resolution or regulation
16of Monroe County. The issuance of permits based on submitted applications, construction
17documents, and information shall not prevent the floodplain administrator from requiring the
18correction of errors and omissions, or in the case of incomplete documents or information, from
19requiring the supplementation of such prior submitted documents or information with additional
20documentation or information.
21(f) Expiration. A floodplain development order or permit shall automatically become invalid by
22operation of law unless the work authorized by such permit is commenced within 180 days after its
23issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work
24authorized by such permit commences. Extensions for periods of not more than 180 days each shall
25be requested in writing by the applicant and justifiable good cause shall be demonstrated. "Good
26cause" means a "legally sufficient reason."
27(g) Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a
28floodplain development order or permit if the order or permit was issued in error, if the order or
29permit was issued on the basis of incorrect, inaccurate or incomplete information, if the county
30Building Department determines that the application for such order or permit contained false or
31misleading information or omitted information material and relevant to the county's decision to issue
32said order or permit, if the application for such order or permit failed to comply with a provision or
33requirement of this chapter, or if the order or permit was issued in violation of this chapter or any
34other ordinance, resolution, regulation or requirement of Monroe County.
35(h) Other permits required. Floodplain development permits and building permits shall include a
36condition that all other applicable state or federal approvals and permits must be obtained before
37commencement of the county-permitted development, including but not limited to the following:
38(1) The South Florida Water Management District; pursuant to F.S. § 373.036.
39(2) Florida Department of Health for onsite sewage treatment and disposal systems; pursuant to F.S.
40§ 381.0065 and Chapter 64E-6, F.A.C.
41(3) Florida Department of Environmental Protection for activities subject to the joint coastal permit;
42pursuant to F.S. § 161.055.
43(4) Florida Department of Environmental Protection for activities that affect wetlands and alter surface
44water flows, in conjunction with the U.S. Army Corps of Engineers; pursuant to Section 404 of
45the Clean Water Act.
46(5) Federal permits and approvals.
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1(i) Other documentation required. A nonconversion agreement signed by the applicant, and plans or
2drawings specified by the floodplain administrator, shall be recorded on the property deed prior to
3issuance of certificates of occupancy or certificates of compliance for the following:
4(1) Enclosed areas below new and substantially improved elevated buildings.
5(2) Enclosed areas below lateral additions.
6(3) Enclosed areas below nonconforming buildings that are brought into compliance.
7(4) Garages and detached accessory structures that are approved in accordance with the non-elevation
8requirements of Section 122-25(dc) and (ed).
9*****
10 Sec. 122-15. Required inspections of enclosed areas below elevated residential structures.
11(a) Applicability. Prior to the transfer of ownership of any property occupied by an elevated residential
12structure with a below base flood enclosed area for which construction of the enclosed commenced
13on or after June 15, 1973, a county approved inspection of the below base flood enclosure shall be
14conducted. No earlier than 180 days prior to the transfer of the property, the seller or the prospective
15purchaser, with the seller's permission, shall have the required inspection conducted. The intent of
16this inspection, which is strictly limited to inspection of below base flood enclosures, is to identify
17for county records and purchasers any nonconformities or illegal structures or uses.
18(b) Inspections. Upon inspection request, the inspection required under this section shall be conducted
19by an inspector from the Building Department. Fees for inspections conducted by the Building
20Department shall be in accordance with the schedule established by resolution of the BOCC for
21inspections conducted under the county's flood insurance inspection and compliance program.
22(c) Inspection procedures and forms. All inspections required under this section shall be conducted in
23accordance with procedures and recorded on county forms approved by the floodplain administrator.
24(d) Inspection submittal requirements. The original inspection report, signed by the county inspector,
25shall be maintained by the Building Department and a copy shall be submitted to the seller, who has
26contacted the county, as provided above, and the purchaser, provided that the purchaser has contacted
27the county as provided above no later than ten days prior to the closing date for transfer of the subject
28property.
29(e) Failure to comply with inspection submittal requirements. Should the inspection required by this
30section not be completed, the seller and purchaser, if known, will be notified that the structure is in
31violation of this section. The purchaser and his or her successors and assigns may enforce the terms
32of this section in law or at equity. The purchaser may seek injunctive relief against the seller in a
33court of competent jurisdiction to prevent a violation of or otherwise in connection with a violation
34of this section. Attorney's fees and costs incurred in an action to enforce these regulations may be
35awarded to a substantially prevailing party at the discretion of the court. A purchaser may seek and
36the court may award treble damages as an aggrieved party. The sole intent of this inspection is to
37provide information for recording and monitoring improvements to below base flood enclosures
38subject to the county's floodplain regulations and in accordance with Monroe County Board of
39County Commission Resolution 440-2011, which does not require that the property be brought into
40compliance prior to or subsequent to transfer. The purpose of this inspection is not to identify other
41types of unpermitted improvements that are unrelated to the floodplain regulations in this chapter.
42(f) Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted improvements
43under the Pilot Inspection Program (under previous 44 CFR 59.30, repealed on July 5, 2018FEMA
44terminated this program on June 28, 2013).
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1(g) If the results of the inspection identify illegal unpermitted improvements, the requirements of the
2Florida Building Code applicable to enclosed areas below elevated buildings shall apply when a
3building permit is sought by an applicant.
4(Ord. No. 026-2022, § 2, 11-15-2022)
5
6 Sec. 122-16. Floodplain Certificate of Compliance Program.
7(a) Generally. Any property owner is eligible to obtain a certificate of compliance if they have obtained
8an inspection of an enclosure below base flood elevation by one of the following:
9(1) FEMA Insurance Inspection Program; or
10(2) Inspection at time of sale; or
11(3) Voluntary inspection.
12The below base flood enclosure must have been found in compliance with the Monroe County floodplain
13regulations by Monroe County staff. Prior to obtaining the certificate, the owner must record a
14nonconversion agreement in the Monroe County official land records on a form to be provided by the
15county and approved by the floodplain administrator. Properties that have received their inspections prior
16to implementation of the certificate of compliance program may receive a certificate of compliance;
17however, a re-inspection (with no fee) shall be necessary to ensure compliance has been maintained and
18the owner must also record the nonconversion agreement, which must be recorded in the official records
19of Monroe County.
20(b) Outreach. Every two (2) years, the county will mail written notices to property owners, of which the
21county is aware own a building or structure with below base flood elevation living areas as follows:
22(1) The county will obtain data from the Monroe County Property Appraiser Office which will identify
23all single-family residences which contain enclosures that are identified as living area on the
24ground floor. Once this data is captured, county technical staff will deduct all the parcels that have
25already received inspections through the FEMA Insurance Inspection Pilot Program, transfer of
26ownership program, or through the previously applicable inspection on building permit program,
27and been made compliant.
28(2) The remaining property owners will be notified by regular mail that in order to receive a certificate
29of compliance, a county inspection is required of any below base flood elevation structures, to
30verify compliance with the Monroe County floodplain regulations. Owners will also be notified
31that noncompliant structures may be subject to code compliance proceedings.
32(3) If owners seek and obtain a certificate of compliance inspection, and the below base flood
33enclosures are determined by the county to be compliant, the owners will receive a certificate of
34compliance as outlined in this section. This is a proactive opportunity for property owners to
35receive evidence that they have a compliant structure which should, long term, create a positive
36real property market condition. If an owner has a noncompliant structure, he or she will be notified
37of all the required corrective actions necessary for the enclosure to become compliant and that
38county permits or approvals are required to authorize lawful construction and/or development.
39(c) Inspections. Inspections may be requested for a certificate of compliance according to this section
40or Section 122-15 for required inspections of residential structures prior to transfer of ownership.
41(d) Compliant structures. The county will provide a certificate of compliance to property owners with
42compliant below base flood enclosures after such property owners sign and record a nonconversion
43agreement (with a corresponding drawing or site plan demonstrating the permitted improvements
44allowed below base flood elevation attached to the agreement) in the official records of Monroe
45County. The nonconversion agreement shall be recorded in the official records of Monroe County so
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1that future purchasers of properties understand what has been approved by the county for areas below
2base flood elevation. Property owners shall pay applicable recording fees.
3(e) Noncompliant structures. The county building official shall refer any noncompliant structures to
4the Code Compliance Department for enforcement through appropriate processes. Once compliance
5is achieved, if the below base flood enclosure has not been completely removed, a nonconversion
6agreement executed by the owner shall be recorded in the official records of Monroe County.
7(f) New construction. Owners of new construction that contains any type of below base flood enclosure,
8will be required to record a nonconversion agreement in the official records of Monroe County
9indicating the square footage permitted to be constructed below base flood elevations, with an
10accurate corresponding drawing or site plan showing/demonstrating the permitted improvements
11permitted, prior to receiving a certificate of occupancy.
12(Ord. No. 026-2022, § 2, 11-15-2022)
13
14 Sec. 122-1715
15(a) Authority. The Division of Administrative Hearings (DOAH) shall hear and decide on requests for
16variances from the application of the allegedly strict letter of this chapter. Pursuant to F.S. §
17553.73(5), the DOAH shall hear and decide on requests for variances from the application of the
18allegedly strict letter of the flood resistant construction requirements of the Florida Building Code.
19DOAH shall also hear and decide on requests for variances for at-grade wet floodproofed accessory
20structures in A/AE zones that are larger than 600 square feet but not larger than 1,000 square feet in
21size.
22(b) Variance procedures.
23(1) An application for a variance from the provisions of this chapter for development in an area of
24special flood hazard shall be filed with the Building Department at the time of application for a
25building permit or floodplain development permit/order which seeks approval of development
26that is not authorized under the allegedly strict letter of this chapter or flood-resistant
27construction requirements of the Florida Building Code.
28(2) Within ten (10) days of receipt of a complete and properly and timely filed application for a
29variance from the allegedly strict letter of this chapter or of the flood-resistant construction
30requirements of the Florida Building Code, the floodplain administrator and the Building
31Official shall review the application, and submit a report and recommendation to the DOAH.
32The variance applicant may file a written objection to the report and recommendation within 30
33calendar days of the date of filing of the report and recommendation.
34(3) The DOAH shall review the application and the reports and recommendations of the floodplain
35administrator and the building official and may consider granting the application for variance in
36accordance with this section.
37(4) In resolving a variance application under this section, county building, planning and
38environmental resources, and Code Compliance Department administrative staff interpretations
39of the Monroe County Codes, of the Florida Building Code, and of applicable federal laws, rules,
40and regulations, are legally entitled to deference and great weight, and such administrative
41interpretations should not be modified or overturned unless clearly erroneous. If such
42administrative staff interpretation is within the range of possible and reasonable interpretations,
43it is not clearly erroneous and should be affirmed.
44(c) Limitations on authority to grant variances.
45(1) The DOAH shall base its decisions on variances on technical justifications submitted by
46applicants, the considerations for issuance in Section 122-1715(e) of this chapter, the conditions
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1of issuance set forth in Section 122-1715 (g) of this chapter, and the reports and
2recommendations of the floodplain administrator and the building official. Variances for
3accessory structures in A/AE zones shall be subject to the conditions in Section 112-1715 (f).
4(2) When the DOAH considers the propriety of granting a variance, the following factors shall not
5be considered material or relevant to the hearing officer's decision:
6a. The physical disabilities or handicaps and health of the applicant or members of his
7family;
8b. The domestic difficulties of the applicant or members of his or her family;
9c. The financial difficulty of the applicant in complying with the floodplain management
10provisions of this chapter or the Florida Building Code;
11d. The elevation of surrounding structures or buildings;
12e. The alleged difficulty of marketing, advertising, or selling the property, building, or
13structure;
14f. Any alleged difficulty related to a codified law, rule, regulation, or matter of record, which
15the applicant or members of his or her family, which he, she, or they were on actual or
16constructive notice of prior to acquiring the property, and could therefore have been
17avoided, or which may be characterized as a self-created hardship; or
18g. Non-unique or non-peculiar characteristics of the applicant's property, building, or
19structure.
20(3) The DOAH has the right to attach such conditions as it deems necessary to further the purposes,
21intent, goals, and objectives of this chapter.
22(d) Functionally dependent uses. A variance is authorized to be issued for the construction or
23substantial improvement necessary for the conduct of a functionally dependent use, as defined in this
24chapter, provided the variance is the minimum necessary considering the flood hazard and all due
25consideration has been given to use of methods and materials that minimize flood damage during
26occurrence of the base flood.
27(e) Considerations for issuance of variances. In reviewing requests for variances, the DOAH shall
28consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida
29Building Code, this chapter, and the following:
30(1) The danger that materials and/or debris may be swept onto other lands resulting in additional or
31further injury, harm or damage;
32(2) The danger to life and/or property due to flooding or erosion damage;
33(3) The susceptibility of the proposed development, including foreseeable contents thereof, to flood
34injuries, harm, or damage and their effects on current and future owners or occupants;
35(4) The importance of the services provided by the proposed development to the community;
36(5) The availability of alternate locations for the proposed development that are either not subject
37to flooding or erosion damage, for the proposed use, and the availability of alternate locations
38for the proposed development which are subject to lower risk of flooding or erosion;
39(6) The compatibility of the proposed development with existing and anticipated development,
40public services, and infrastructure;
41(7) The relationship of the proposed development to the comprehensive plan and floodplain
42management program for the area;
43(8) The safety of access to the property in times of flooding for ordinary and emergency and first-
44responder vehicles;
45(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the
46floodwaters and the effects of wave action, if applicable, expected at the site;
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1(10) The costs of providing governmental services during and after flood conditions, including but
2limited to, debris removal and maintenance and repair of public utilities and facilities such as
3(including but limited to) sewer, gas, electrical and water systems, streets and bridges;
4(11) Whether granting the variance will result in increased public expenses, create a threat to public
5health and safety, create a public nuisance, or cause fraud or victimization of the public; and
6(12) Whether granting the variance will grant the applicant a special privilege denied to another
7property owner.
8(f) Conditions for issuance of a variance for accessory structures in A/AE zones. Variances shall be
9issued only upon:
10(1) Submission by the applicant, providing a legally sufficient description of the exceptional
11hardship that the applicant would incur if a variance were not granted;
12(2) Determination by the DOAH that the structure meets the definition of accessory structure, for
13floodplain management purposes, and is used only for parking or storage and:
14a. The request is for the construction or substantial improvement of an at-grade wet
15floodproofed accessory structures that is larger than 600 square feet but not larger than
161,000 square feet in size.
17b. Represents minimal investment and has low damage potential.
18c. Are one story and have flood openings in accordance with Section R322.2 of the Florida
19Building Code, Residential.
20d. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
21e. Have flood damage-resistant materials used below the base flood elevation plus one (1)
22foot.
23f. Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
24to or above the base flood elevation plus one (1) foot.
25(g) Conditions for issuance of other variances. Variances shall be issued only upon:
26(1) Submission by the applicant, of a showing of legally sufficient good cause that the unique
27characteristics of the size, configuration, or topography of the site limit compliance with any
28provision of this chapter or the required elevation standards;
29(2) Determination by the DOAH that:
30a. Failure to grant the requested variance would result in exceptional non-self-imposed
31hardship due to the physical characteristics of the land that render the lot undevelopable;
32increased costs to satisfy the requirements or inconvenience do not constitute hardship;
33b. The granting of a variance will not result in increased flood heights, additional threats to
34public safety, extraordinary public expense, nor create nuisances, cause fraud on or
35victimization of the public or conflict with existing local laws and ordinances;
36c. The variance is the minimum necessary, considering the flood hazard, to afford relief;
37d. The granting of the requested variance will not result in worsening the expected heights,
38velocity, duration, rate of rise, and debris and sediment transport of the floodwaters and the
39effects of wave action, if applicable, expected at the site;
40e. The granting of the requested variance will not result in increased risk of dangers
41enumerated under Section 122-1715 (e)(1)(3);
42f. The granting of the requested variance will not result in increased risk of injuries, harm, or
43damage enumerated under Section 122-1715 (e)(8)(11);
44g. The granting of the requested variance will not result in increased public expenses, create
45a threat to public health and safety, create a public nuisance, or cause fraud or victimization
46of the public;
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1h. The granting of the requested variance will not adversely affect the public service,
2infrastructure, and public policy considerations enumerated under Section 122-
31715(e)(6).
4(3) Receipt of a sworn or attested and notarized statement by the applicant that the variance, if
5granted, shall be recorded in the Office of the Monroe County Clerk of the Court in such a
6manner that it appears in the chain of title of the affected parcel of land; and
7(4) If the request is for a variance to allow construction of the lowest floor of a new building, or
8substantial improvement of a building, below the required elevation, a copy in the record of a
9written notice from the floodplain administrator to the applicant for the variance, specifying the
10difference between the base flood elevation and the proposed elevation of the lowest floor,
11stating that the cost of federal flood insurance will be commensurate with the increased risk
12resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of
13insurance coverage), and stating that construction below the base flood elevation increases risks
14to life and property.
15(gh) Appeal. An appeal of a variance determination may be submitted pursuant to Section 122-1916. The
16failure to timely and properly file an appeal under this section shall constitute an irrevocable
17jurisdictional waiver of any rights to seek such a variance, for failure to exhaust available
18administrative remedies.
19(Ord. No. 026-2022, § 2, 11-15-2022)
20
21 Sec. 122-1916
22(a) Authority. The Division of Administrative Hearings (DOAH) shall have the authority to hear and
23decide appeals from final administrative actions regarding the floodplain management provisions of
24this Land Development Code and the Florida Building Code. The BOCC retains the authority to, in
25its exclusive discretion, appoint a hearing officer who does not work for DOAH.
26(b) Standard of review. An appeal under this section shall be considered an appeal to an administrative
27tribunal and shall not be a hearing de novo but shall be limited to appellate review of the record
28created before the building official in his or her capacity as the Monroe County floodplain
29administrator and as more fully set forth at subsection (e)(2) of this section. The appellant shall be
30required to demonstrate that the building official's final administrative decision is clearly erroneous,
31based upon clearly convincing record evidence (i.e., clear and convincing standard of review). In
32resolving an appeal under this section, Monroe County building, planning and environmental
33resources, and Code Compliance Department staff interpretations of the Monroe County
34Comprehensive Plan, Monroe County ordinances, resolutions, and of the Monroe County Code(s),
35are legally entitled to deference, and shall not be overturned as long as said interpretation or
36application is in the range of permissible interpretations or applications.
37(c) Initiation. A notice of appeal (appeal) may be initiated by a real property owner who has received a
38final, written administrative decision from the Monroe County Building Official in his or her capacity
39as the Monroe County Floodplain Administrator regarding the floodplain management provisions of
40this Land Development Code, or by a non-governmental natural or legal person who as a result of a
41final administrative decision of the Monroe County Building Official in his or her capacity as the
42Monroe County Floodplain Administrator regarding the floodplain management provisions of this
43Land Development Code has suffered or will resultantly suffer a special injury differing in kind from
44that suffered by the community at large. For justiciability or standing purposes, the only interests
45covered by special injuries under this section are interests expressly protected by the Monroe County
46Comprehensive Plan or health and safety interests. It shall be legally insufficient for justiciability or
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1standing purposes for an appellant to allege a special injury that is only different in degree from the
2community at large and that is not different in kind from the community at large. Further, for
3justiciability or standing purposes, an alleged special injury must exceed in degree the general interest
4in a community good. For example, take the following two non-exhaustive scenarios: A party's claim
5that a decision regarding the floodplain management provisions of this Code adversely affects his,
6her, or its interest in preserving property value(s) shall not be justiciable, and a party's claim that a
7decision regarding the floodplain management provisions of this Code adversely affects his, her, or
8its interest in environmental or natural resource protection shall not be justiciable.
9(d) Procedures. A notice of appeal in the form prescribed and approved by the building official and
10floodplain administrator must be filed with both the county administrator and with the Building
11Department within 30 calendar days of the final administrative action. Failure to file such appeal with
12both the county administrator and the Building Department within 30 calendar days of the final
13administrative action shall constitute a waiver of any rights under this section to appeal final
14administrative actions regarding the floodplain management provisions of this Land Development
15Code. Such waiver shall also constitute a waiver of any rights to appeal a separate but related decision
16of the building official or planning director on the basis of the building official's separate but related
17final administrative decision that was never properly and timely appealed under this section.
18(1) The notice of appeal must be notarized and must include the names and addresses of the
19appellant(s), development permit applicant(s) forming a party to the appeal, the number
20associated with each development permit forming a subject of the appeal, and the names of all
21owners of real property located adjacent or contiguous to the parcel of real property to which
22the appealed final administrative decision principally relates.
23(2) Upon receipt of a notice of appeal, the county shall deem it complete, and properly and timely
24filed, or shall deem it improperly or untimely filed, or incomplete. The county shall within 15
25working days notify an Appellant if its notice of appeal is untimely or improperly filed or is
26incomplete. No further action shall be taken on the notice of appeal application unless the
27deficiencies are remedied. An untimely, improperly filed, or incomplete notice of appeal shall
28not constitute a valid, legally effective, or legally cognizable notice of appeal under this section,
29and in no event shall the 30-day jurisdictional period to file a notice of appeal under this section
30be tolled during any period in which a notice of appeal has been deemed improperly filed or
31incomplete. Any days following the issuance of the final administrative decision and the filing
32of a notice of appeal that the county later notifies the applicant is incomplete or improperly filed,
33shall be subtracted from the 30-day period by which an appellant must file a complete notice of
34appeal. For example, take the following non-exhaustive scenario: The final administrative
35decision is issued on Wednesday, January 1, 2020, the appellant files an incomplete notice of
36appeal on Wednesday, January 22, 2020, and the county notifies the appellant that the notice of
37appeal is incomplete on Monday, January 27, 2020. Between January 1st and January 22nd, the
38appellant has consumed 21 of its 30 calendar days to file a timely and complete notice of appeal;
39the days required by the county to notify the appellant of the notice of appeal's incompleteness
40shall not be counted against the 30-day period by which the appellant must properly file a
41complete notice of appeal. As of January 27th (the date of the County's notification to the
42appellant that the notice of appeal is incomplete) the appellant shall have nine days remaining
43(until February 5, 2020) to properly file a complete notice of appeal. If the appellant does not
44properly file a complete notice of appeal by February 5th, it would constitute a waiver of any
45rights to appeal under this section.
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1(3) If the county determines the notice of appeal is complete, and properly and timely filed, it shall
2notify the appellant(s), and, at the appellant's expense, notify the development permit
3applicant(s) and the owners of real property located adjacent and contiguous to the parcel of real
4property to which the challenged administrative decision principally relates. Once the county
5determines that a notice of appeal has been properly and timely filed, and is complete, the county
6shall refer the appeal to DOAH with a request that an administrative law judge ("hearing
7officer") be assigned to conduct an appeal hearing. The request shall be accompanied by a copy
8of the petition and a copy of the notice of county action. The notice of appeal will be forwarded
9to the BOCC.
10(e) Effect of filing an appeal.
11(1) Stay. The filing of a notice of appeal shall stay all permit activity and any proceedings in
12furtherance of the administrative decision appealed unless the building official certifies in
13writing to the assigned hearing officer, with a copy to the appellant(s) and development
14applicant(s) forming a party to the appeal, that a stay poses an imminent peril to life, safety,
15health or property, in which case the appeal shall not stay further permit activity or proceedings
16in furtherance of the administrative decision appealed. The hearing officer may, upon proper
17and timely motion, review such certification.
18(2) The record. The appellant's, and the appellant-as-applicant's, record shall close upon the date of
19the final administrative decision from the building official in his or her capacity as the Monroe
20County Floodplain Administrator. The county shall have 70 calendar days from the date the
21appellant's notice of appeal is deemed properly and timely filed, completed, and complete, in
22which to serve all parties and file with DOAH all staff reports and materials the final
23administrative decision relies upon.
24(f) Briefs. Briefs shall be typed or printed pursuant to the same rules for appellate briefs set forth in the
25Florida Rules of Appellate Procedure. The appellant(s) initial brief shall be served upon the attorney
26of record for Monroe County and filed with DOAH within 30 calendar days of notification of
27acceptance of such notarized notice of appeal. The answer brief shall be served upon appellant(s) and
28filed with DOAH within 30 calendar days of the filing and service of the initial brief. A reply brief
29must be served upon the attorney of record for Monroe County and filed with DOAH within 15 days
30of the filing and service of the answer brief.
31(1) All filed briefs shall contain the following:
32a. The style of the appeal;
33b. The case number, if any;
34c. The name of the party on whose behalf the brief is filed;
35d. The name, address, e-mail address, and telephone number of the person filing the brief;
36e. The electronic or non-electronic signature of the person filing the brief; and
37f. A certificate of service that copies have been furnished to all other parties to the appeal.
38(2) All initial briefs shall contain the following:
39a. A statement of all disputed issues of material fact. If there are none, the initial brief must
40so indicate;
41b. A concise statement of the ultimate facts alleged, including the specific facts the appellant
42contends warrant reversal of the building official's final administrative action; and
43c. An exhaustive statement of all specific local Code sections, ordinances, state statutes, or
44administrative rules the appellant contends require reversal of the building official's final
45administrative action, including an explanation of how the alleged facts relate to said Code
46sections, ordinances, state statutes, or administrative rules.
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1(g) Judicial notice. A hearing officer shall take judicial notice of any matter set forth below when a party
2properly motions for it and gives each adverse party timely written notice of the request, proof of
3which is filed with the hearing officer, to enable the adverse party to prepare to meet the request and
4furnishes the court with sufficient information to enable it to take judicial notice of the matter.
5(1) Specifically identified (by pinpoint citation) duly enacted ordinances and resolutions of the
6Monroe County Board of County Commissioners.
7(2) Specifically identified (by pinpoint citation) provisions of the Monroe County Code of
8Ordinances and Monroe County Land Development Code.
9(3) Specifically identified (by pinpoint citation) objectives, policies, and provisions of the Monroe
10County Comprehensive Plan.
11(4) Specifically identified (by pinpoint citation) provisions in the Florida Building Code.
12(5) Specifically identified (by pinpoint citation) public statutory law and resolutions of the Florida
13Legislature and the Congress of the United States.
14(6) Specifically identified legislative staff reports and legislative materials prepared in connection
15with slip laws corresponding to public statutory law of the Florida Legislature and the Congress
16of the United States.
17(7) Specifically identified (by pinpoint citation) rules or regulations in the Code of Federal
18Regulations.
19(8) Specifically identified (by pinpoint citation) rules or regulations in the Florida Administrative
20Code.
21
22Pursuant to the same requirements set forth in this subsection, a hearing officer may take judicial notice
23of the following matters: Facts that are not subject to dispute because they are capable of accurate and
24ready determination by resort to sources whose accuracy cannot be questioned.
25
26(h) Computing time. In computing the jurisdictional period of time an appellant must file a notice of
27appeal under subsection (c) of this section, the day the final administrative decision is issued shall be
28included. In computing any other period of time under this section, the day of the act from which the
29period of time begins to run shall not be included. The last day of the period shall be included unless
30it is a Saturday, Sunday, or legal holiday as that term is defined at Florida Rule of Judicial
31Administration 2.514(a)(6), in which event the period continues to run until the next day that is not a
32Saturday, Sunday, or legal holiday as that term is defined at Florida Rule of Judicial Administration
332.514(a)(6).
34(i) Service and hearing. The hearing officer shall set the time and place for the appeal hearing and shall
35serve written notice on all parties at their electronic address of record. If an unrepresented party has
36no electronic address of record, such written notice shall be sent to the party's street address of record.
37The hearing officer before whom an appeal is pending may issue any orders necessary to prevent
38delay, and to promote the just, speedy, and inexpensive determination of all aspects of the appeal.
39(j) Post-hearing submittals. Upon request of the hearing officer, parties may submit written proposed
40final orders within a time designated by the hearing officer.
41(k) Discovery. No discovery shall be taken in an appeal under this section. No subpoenas may be issued
42for documents or witnesses under this section. No testimony shall be taken in an appeal under this
43section. An argument, issue, or ground for relief not raised in an initial brief is deemed abandoned
44and waived and may not be raised for the first time in a reply brief.
45(Ord. No. 026-2022, § 2, 11-15-2022)
46
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1 Sec. 122-2017
2(a) Violations. Any development that is not within the scope of the Florida Building Code but that is
3regulated by this chapter which is performed without an issued county permit, that is non-compliant
4or in conflict with an issued permit, or that does not strictly and fully comply with this chapter,
5constitutes a violation of this chapter. A building or structure without competent documentation of
6the elevation of the lowest floor (FEMA elevation certificate), other required design certifications, or
7other competent substantial evidence of compliance required by this chapter or the Florida Building
8Code constitutes a violation thereof until such time as that documentation is provided. It being that
9violation of this chapter providing for floodplain regulations presents a serious threat to the public
10health, safety, and welfare, a violation of this chapter is and shall be held to be irreparable or
11irreversible in nature.
12(b) Authority. For development that is not within the scope of the Florida Building Code but that is
13regulated by this chapter and which is determined to be a violation of this chapter, the floodplain
14administrator or his or her designee(s) is authorized to serve notices of violation, notices of hearing,
15cease and desist orders, or stop work orders to persons including but not limited to the owners of the
16property involved, to the property owner's agent, to tenants, residents, or guests at the property
17involved, or to the person or persons performing or facilitating the performance of the work. The
18floodplain administrator or his or her designee(s) is also authorized to serve citations for violations
19of this chapter, which shall be disposed of in county court. Service under this subsection may be
20accomplished by hand-delivery or attempted mailing (regular, certified, or registered), or by a method
21authorized under Section 8-34 of the Monroe County Code of Ordinances or F.S. § 162.12.
22(c) Continuing violations. Any person who continues any work on or use of a property, building, or
23structure, after having been served with a stop work order or cease and desist order ordering that such
24work or use must stop or cease and desist, except such work as that person is directed to lawfully
25perform to remove or remedy a violation or unsafe condition, shall be subject to any and all penalties
26prescribed by law. If any person or entity is found by an administrative hearing officer, the contractors
27examining board, or a court of competent jurisdiction, to have violated this chapter by continuing to
28perform such work subsequent to the issuance of a stop work order (red tag), the contractors
29examining board may take such action as it deems necessary and proper to cease such activity,
30including but not limited to suspension of the permit pulling privileges of any contractor performing
31such work. Any person who continues any work on or use of a property, building, or structure after
32having been served with a notice of hearing or notice of violation which includes a notice that it must
33be complied with by a specified date and that a fine or other penalties may be imposed, except such
34work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall
35be subject to penalties as prescribed by law. A final administrative order finding that a person has
36violated a cease and desist order previously issued by an administrative tribunal shall constitute prima
37facie evidence that the county has satisfactorily demonstrated a likelihood of irreparable harm, the
38unavailability of an adequate remedy at law, a substantial likelihood of success on the merits of the
39claim at issue in connection with the violation(s) for which the cease and desist order was issued by
40said tribunal, and consideration(s) of the public interest. A final administrative order finding that a
41person has violated a cease and desist order previously issued by an administrative tribunal shall
42constitute prima facie evidence of indirect contempt cognizable and enforceable by a court of
43competent jurisdiction, including but not limited to by sanctions and contempt order.
44(d) Joint and several liability. All owners, part owners, joint owners, tenants in common, tenants in
45partnership, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and holders of
46legal or beneficial title to or interest in a parcel of real property, building, or structure held in violation
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1of this chapter, shall be jointly and severally liable with respect to any legal or equitable relief or
2judgment obtained by the county.
3(e) Injunctive relief. The county attorney is authorized to seek affirmative or negative injunctive relief
4authorizing or commanding compliance with this chapter through, including but not limited to,
5cessation of a use, or removal of a building or structure or a part or portion thereof, by motion for
6emergency, preliminary, or permanent injunction, including by ex parte motion, or other forms of
7equitable relief, from a court of competent jurisdiction, upon presentation of prima facie evidence of
8a violation of this chapter to such court.
9(f) Criminal remedy. Prosecution of violations of this chapter may be prosecuted in the name of the
10State of Florida by the prosecuting attorney thereof as more fully set forth in F.S. § 125.69(1). Any
11person found guilty of violating this chapter may be sentenced to up to sixty (60) days in jail or fined
12in an amount of up to $500.00 or be subject to both such imprisonment and fines.
13(Ord. No. 026-2022, § 2, 11-15-2022)
14 Sec. 122-2118
15All agreements for deed, purchase agreements, leases, or other contracts for sale or exchange or transfer
16of parcels/lots within special flood hazard areas in the unincorporated areas of the county shall carry the
17following flood hazard warning prominently displayed on such instrument, in at least 12-point boldfaced
18and regular-faced font and all-caps and lowercase type as follows:
19"FLOOD HAZARD WARNING
20This property may be subject to flooding. You should contact the county growth
21management division and obtain the latest information regarding flood elevations
22and restrictions on development before acquiring and making use of this
23property."
24(Ord. No. 026-2022, § 2, 11-15-2022)
25
26 ARTICLE III. FLOOD RESISTANT DEVELOPMENT
27 Sec. 122-25. Buildings and structures.
28(a) Design and construction of buildings, structures and facilities exempt from the Florida Building
29 Code. Pursuant to Section 122-11(c) of this chapter, buildings, structures, and facilities that are
30exempt from the Florida Building Code, including substantial improvement or repair of substantial
31damage of such buildings, structures and facilities, shall be designed and constructed in accordance
32with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt
33from the Florida Building Code that are not walled and roofed buildings shall comply with the
34requirements of Section 122-31 of this chapter.
35(b) Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated buildings
36shall comply with all the applicable requirements of the Florida Building Code and the following:
37(1) Enclosed areas below new and substantially improved one- and two-family dwellings, and below
38lateral additions to one- and two-family dwellings:
39a. In zone A/AE flood hazard areas, not more than 299 square feet may be permitted to be
40enclosed by walls of opaque materials, except for perimeter foundations (crawl/underfloor
41spaces that have a wall height less than 5 feet). Additional area may be enclosed with screening
42or open lattice. The size limitation shall not apply to areas enclosed for parking of aircraft
43below residential buildings abutting airport districts.
44b. In coastal high hazard areas (zone V) and coastal A zones, not more than 299 square feet may
45be permitted to be enclosed by breakaway walls of opaque materials. Additional area may be
46enclosed with screening or open lattice.
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1(2) Nonconforming enclosed areas of 299 square feet or more below one- and two-family dwellings
2lawfully established and lawfully existing as of April 12, 2004, shall not be modified, improved,
3or expanded unless the enclosed areas are brought into compliance with the Florida Building Code,
4Residential Section R322 and this section.
5(3) Enclosed areas below other new and substantially improved buildings and structures shall comply
6with the requirements of Florida Building Code, Building and ASCE 24.
7(4) Applications that include enclosed areas below elevated buildings shall include a nonconversion
8agreement as specified in Section 122-11(i) of this chapter.
9(cb) Minimum foundation requirements for buildings and structures within the scope of the Florida
10 Building Code. Pursuant to the Florida Building Code, and Sections 6-147 and 6-148 of the Monroe
11County Code of Ordinances, the design of the foundation system for buildings within the scope of
12the Florida Building Code shall be provided by a geotechnical engineer registered in the State of
13Florida in a site-specific geotechnical report submitted per requirements of Section 1803.6 of the
14Florida Building Code. The foundation design shall be the more stringent of recommendations of the
15report and meet the following minimum requirements:
16(1) All structures or building foundations shall be anchored/socketed into natural rock. This includes,
17but is not limited to, auger cast concrete piles, precast concrete piles or wooden piles.
18(2) All concrete piling shall have full depth reinforcing to effectively resist the internal forces induced
19by the design loads, without failure.
20(3) All piling shall be anchored to the natural rock with a 14-inch minimum diameter augured socket
21and a minimum embedment of 3 feet.
22(4) The pile foundation support system shall be designed to resist the required lateral loading for an
23unsupported height defined by a full scour condition. The construction documents shall include a
24statement that the design has been completed and certified for a full scour condition for lateral
25stability to the elevation of the supporting rock and in accordance with ASCE 24.
26(5) Pile embedment shall include consideration of decreased resistance capacity caused by scour of
27soil strata surrounding the piling and have adequate rock penetration to resist the combined wave
28and wind loads (lateral and uplift).
29(dc) At-grade residential detached accessory structures. At-grade detached accessory structures are
30permitted provided the accessory structures are used only for parking or storage and:
31(1) If located in special flood hazard areas (zone A/AE), other than coastal high hazard areas, are one-
32story and not larger than 600 square feet and have flood openings in accordance with Section
33R322.2 of the Florida Building Code, Residential.
34a. A variance, in accordance with Section 122-1715, may be authorized for the construction or
35substantial improvement of at-grade detached accessory structures larger than the size limits
36specified in subsection (1) but not larger than 1,000 square feet in size.
37(2) If located in coastal high hazard areas (zone V/VE and coastal A zones), are not located below
38elevated buildings and are not larger than 100 square feet.
39(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
40(4) Have flood damage-resistant materials used below the base flood elevation plus one (1) foot.
41(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or
42above the base flood elevation plus one (1) foot.
43(6) Applications for detached accessory structures shall include a nonconversion agreement as
44specified in Section 122-11(i) of this chapter.
45(ed) Nonresidential detached accessory structures. In all flood hazard areas, nonresidential detached
46accessory structures shall comply with the requirements of Florida Building Code, Building and
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1ASCE 24, including, but not limited to, elevation or dry floodproofing requirements. Applications
2for detached accessory structures shall include a nonconversion agreement as specified in Section
3122-11(i) of this chapter.
4(Ord. No. 026-2022, § 2, 11-15-2022; Ord. No. 020-2023, § 2, 9-20-2023)
5
6******
7
8 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
9
10The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
11158(d)(7)(b):
12
131. Changed projections (e.g., regarding public service needs) from those on which the text or
14boundary was based;
15N/A
16
172. Changed assumptions (e.g., regarding demographic trends);
18N/A
19
203. Data errors, including errors in mapping, vegetative types and natural features described in
21volume 1 of the plan;
22N/A
23
244. New issues;
25
26 FEMA Region IV Administrator confirmed by letter that the amendments to repeal and reenact
27 Chapter 122, Floodplain Management, to be consistent with the Florida Division of Emergency
28 Management's State Model Ordinance to fulfill the requirements of the National Flood
29 Insurance Program meets the intent of the remedial plan.
30
315. Recognition of a need for additional detail or comprehensiveness; or
32N/A
33
346. Data updates;
35N/A
36
37 In no event shall an amendment be approved which will result in an adverse community change
38 to the planning area in which the proposed development is located or to any area in accordance
39 with a Livable CommuniKeys master plan pursuant to findings of the board of county
40 commissioners.
41
42The proposed text amendment is not anticipated to result in an adverse community change
43
44
45
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1 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
2 AND THE PRINCIPLES FOR GUIDING DEVELOPMENT
3
4 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
5 County Year 2030 Comprehensive Plan. Specifically, it furthers:
6
7 Objective 218.5
8Monroe County shall encourage participation in the National Flood Insurance Program Community
9Rating System administered by the Federal Emergency Management Agency to achieve flood insurance
10premium discounts for their residents \[F.S. § 163.3178(2)(f)6.\].
11 Policy 218.5.1 (was Policy 216.1.5)
12Monroe County shall continue to participate in the National Flood Insurance Program (NFIP)
13Community Rating System (CRS) to the maximum extent possible and shall continue to seek to improve
14its current CRS Class rating. \[F.S. § 163.3178(2)(d)(f)\].
15
16 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
17 Area, Section 380.0552(7), Florida Statutes.
18
19For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
20principles for guiding development and any amendments to the principles, the principles shall be
21construed as a whole and no specific provision shall be construed or applied in isolation from the other
22provisions.
23
24(a) Strengthening local government capabilities for managing land use and development so
25that local government is able to achieve these objectives without continuing the area of
26critical state concern designation.
27(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
28seagrass beds, wetlands, fish and wildlife, and their habitat.
29(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
30tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
31beaches, wildlife, and their habitat.
32(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
33economic development.
34(e) Limiting the adverse impacts of development on the quality of water throughout the
35Florida Keys.
36(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
37environment, and ensuring that development is compatible with the unique historic
38character of the Florida Keys.
39(g) Protecting the historical heritage of the Florida Keys.
40(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
41proposed major public investments, including:
421. The Florida Keys Aqueduct and water supply facilities;
432. Sewage collection, treatment, and disposal facilities;
443. Solid waste treatment, collection, and disposal facilities;
454. Key West Naval Air Station and other military facilities;
465. Transportation facilities;
BOCC SR 10.15.2025 Page 19 of 21
Monroe County Planning and Environmental Resources Department File No. 2025-072
546:
16. Federal parks, wildlife refuges, and marine sanctuaries;
27. State parks, recreation facilities, aquatic preserves, and other publicly owned
3properties;
48. City electric service and the Florida Keys Electric Co-op; and
59. Other utilities, as appropriate.
6(i) Protecting and improving water quality by providing for the construction, operation,
7maintenance, and replacement of stormwater management facilities; central sewage
8collection; treatment and disposal facilities; and the installation and proper operation and
9maintenance of onsite sewage treatment and disposal systems.
10(j) Ensuring the improvement of nearshore water quality by requiring the construction and
11operation of wastewater management facilities that meet the requirements of ss.
12381.0065(4)(l) and 403.086(10), as applicable, and by directing growth to areas served by
13central wastewater treatment facilities through permit allocation systems.
14(k) Limiting the adverse impacts of public investments on the environmental resources of the
15Florida Keys.
16(l) Making available adequate affordable housing for all sectors of the population of the
17Florida Keys.
18(m) Providing adequate alternatives for the protection of public safety and welfare in the
19event of a natural or manmade disaster and for a post disaster reconstruction plan.
20(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
21maintaining the Florida Keys as a unique Florida resource.
22
23Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
24Principles for Guiding Development as a whole and is not inconsistent with any Principle.
25
26 VI. PROCESS:
27
28Land Development Code amendments may be proposed by the Board of County Commissioners, the
29Planning Commission, the Director of Planning, or the owner or other person having a contractual interest
30in property to be affected by a proposed amendment. The Director of Planning shall review and process
31applications as they are received and pass them onto the Development Review Committee and the
32Planning Commission.
33
34The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
35the application, the reports and recommendations of the Department of Planning & Environmental
36Resources and the Development Review Committee and the testimony given at the public hearing. The
37Planning Commission shall submit its recommendations and findings to the Board of County
38Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed
39amendment, and considers the staff report, staff recommendation, Planning Commission recommendation
40and the testimony given at the public hearing. The BOCC may adopt the proposed amendment based on
41one or more of the factors established in LDC Section 102-158(d)(7).
42
43 VII. PROFESSIONAL STAFF RECOMMENDATION:
44
45Monroe County professional staff recommends the adoption of the proposed amendment to the Land
46Development Code.
BOCC SR 10.15.2025 Page 20 of 21
Monroe County Planning and Environmental Resources Department File No. 2025-072
5471
1 VIII. EXHIBITS:
21. March 28, 2025, Letter issued from FEMA Region IV Administrator, Mr. Robert Samaan, to
3Monroe County
42. Resolution No. 166-2025
53. Draft Ordinance
BOCC SR 10.15.2025 Page 21 of 21
Monroe County Planning and Environmental Resources Department File No. 2025-072
5472
1
2
3
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -2025
10
11 AN ORDINANCE AMENDING CHAPTER 122 (FLOODPLAIN
12 MANAGEMENT) OF THE MONROE COUNTY LAND
13 DEVELOPMENT CODE TO ELIMINATE THE 299 SQUARE FOOT
14 SIZE RESTRICTION OF ENCLOSED AREAS BELOW ELEVATED
15 BUILDINGS, ELIMINATE THE REQUIRED INSPECTIONS OF
16 ENCLOSED AREAS BELOW ELEVATED RESIDENTIAL
17 STRUCTURES PRIOR TO THE TRANSFER OF OWNERSHIP, AND
18 ELIMINATE THE FLOODPLAIN CERTIFICATE OF COMPLIANCE
19 PROGRAM, AS REQUESTED BY THE BOCC AT THE APRIL 16, 2025,
20 REGULAR BOCC MEETING; PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
23 PLANNING AGENCY AND THE SECRETARY OF STATE;
24 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
25 THE MONROE COUNTY LAND DEVELOPMENT CODE;
1
26 PROVIDING FOR AN EFFECTIVE DATE.
27 _____________________________________________________________
28
29 WHEREAS, on April 16, 2025, at its regular public meeting, the Monroe County Board
30 of County Commissioners (BOCC, Monroe County, Board, or the County) adopted
31 Resolution No. 166-2025, which directed professional staff to amend Chapter 122 (Floodplain
32 Management) of the Monroe County Land Development Code: To eliminate the 299 square foot
33 size restriction of enclosed areas below elevated buildings; to eliminate the required inspections
34 of enclosed areas below elevated residential structures prior to the transfer of ownership; and to
35 eliminate the Floodplain Certificate of Compliance Program; and
36
37 WHEREAS, on May 20, 2025, professional staff held a community meeting, as required
38 -159(b) to discuss
39 the proposed text amendment to the Code; and
40
41 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
42 considered the proposed amendment at a regularly scheduled meeting held on June 24, 2025; and
43
44 WHEREAS, on June 25, 2025, the DRC Chair signed Resolution No. 14-25
45 recommending approval of the proposed text amendment; and
1
Monroe County Planning and Environmental Resources Department File No. 2025-072.
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1 WHEREAS,
th
2 public hearing on the 27 day of August, 2025, for review of and recommendation on the subject
3 proposed amendment to the Monroe County Land Development Code; and
4
5 WHEREAS, based upon the information and documentation submitted, the Planning
6 Commission made the following findings of fact and conclusions of law:
7
8 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
9 Monroe County Year 2030 Comprehensive Plan; and
10 2. The proposed amendment is consistent with the Principles for Guiding Development
11 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
12 Statutes; and
13 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
14 and
15
16 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
17 Resolution No. P25-25 recommending BOCC approval of the subject proposed amendment; and
18
th
19 WHEREAS, at a regularly scheduled meeting on the 15 day of October, 2025, the BOCC
20 held a public hearing to consider adoption of the subject proposed amendment;
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
24
25 Section 1. Recitals, Findings of Fact, and Conclusions of Law. The foregoing recitals,
26 findings of fact, and conclusions of law are true and correct and are hereby
27 incorporated as if fully stated herein.
28
29 Section 2. The analysis, findings of fact, and conclusions of law in the September 8, 2025-
30 dated Monroe County Planning and Environmental Resources Department
31 professional staff report accompanying this BOCC agenda item, from and through
32 Department Planning Policy Advisor Barbara Powell and Department Senior
23
33 Director Devin Tolpin, A.I.C.P., C.F.M., is/are adopted, to the extent not plainly
34
35 conclusions of law, and the BOCC hereby incorporates said professional staff
36 report as if fully set forth herein.
37
38 Section 3. The text of the Monroe County Land Development Code is hereby amended as
39 follows (deletions are shown strike through; additions are shown underlined):
40
41 Sec. 122-11. Permits.
42 *****
2
American Institute of Certified Planners (A.I.C.P.) Certification.
3
Association of State Floodplain Managers (A.S.F.M.) Certified Floodplain Manager (C.F.M.).
2 of 10
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1 (i) Other documentation required. A nonconversion agreement signed by the applicant, and
2 plans or drawings specified by the floodplain administrator, shall be recorded on the property
3 deed prior to issuance of certificates of occupancy or certificates of compliance for the
4 following:
5 (1) Enclosed areas below new and substantially improved elevated buildings.
6 (2) Enclosed areas below lateral additions.
7 (3) Enclosed areas below nonconforming buildings that are brought into compliance.
8 (4) Garages and detached accessory structures that are approved in accordance with
9 the non-elevation requirements of Section 122-25(dc) and (ed).
10
11 *****
12 Sec. 122-15. Required inspections of enclosed areas below elevated residential structures.
13 (a) Applicability. Prior to the transfer of ownership of any property occupied by an elevated
14 residential structure with a below base flood enclosed area for which construction of the
15 enclosed commenced on or after June 15, 1973, a county approved inspection of the below
16 base flood enclosure shall be conducted. No earlier than 180 days prior to the transfer of the
17 property, the seller or the prospective purchaser, with the seller's permission, shall have the
18 required inspection conducted. The intent of this inspection, which is strictly limited to
19 inspection of below base flood enclosures, is to identify for county records and purchasers
20 any nonconformities or illegal structures or uses.
21 (b) Inspections. Upon inspection request, the inspection required under this section shall be
22 conducted by an inspector from the Building Department. Fees for inspections conducted by
23 the Building Department shall be in accordance with the schedule established by resolution
24 of the BOCC for inspections conducted under the county's flood insurance inspection and
25 compliance program.
26 (c) Inspection procedures and forms. All inspections required under this section shall be
27 conducted in accordance with procedures and recorded on county forms approved by the
28 floodplain administrator.
29 (d) Inspection submittal requirements. The original inspection report, signed by the county
30 inspector, shall be maintained by the Building Department and a copy shall be submitted to
31 the seller, who has contacted the county, as provided above, and the purchaser, provided that
32 the purchaser has contacted the county as provided above no later than ten days prior to the
33 closing date for transfer of the subject property.
34 (e) Failure to comply with inspection submittal requirements. Should the inspection required
35 by this section not be completed, the seller and purchaser, if known, will be notified that the
36 structure is in violation of this section. The purchaser and his or her successors and assigns
37 may enforce the terms of this section in law or at equity. The purchaser may seek injunctive
38 relief against the seller in a court of competent jurisdiction to prevent a violation of or
39 otherwise in connection with a violation of this section. Attorney's fees and costs incurred in
40 an action to enforce these regulations may be awarded to a substantially prevailing party at
41 the discretion of the court. A purchaser may seek and the court may award treble damages as
42 an aggrieved party. The sole intent of this inspection is to provide information for recording
43 and monitoring improvements to below base flood enclosures subject to the county's
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1 floodplain regulations and in accordance with Monroe County Board of County Commission
2 Resolution 440-2011, which does not require that the property be brought into compliance
3 prior to or subsequent to transfer. The purpose of this inspection is not to identify other types
4 of unpermitted improvements that are unrelated to the floodplain regulations in this chapter.
5 (f) Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted
6 improvements under the Pilot Inspection Program (under previous 44 CFR 59.30, repealed
7 on July 5, 2018FEMA terminated this program on June 28, 2013).
8 (g) If the results of the inspection identify illegal unpermitted improvements, the requirements of
9 the Florida Building Code applicable to enclosed areas below elevated buildings shall apply
10 when a building permit is sought by an applicant.
11 (Ord. No. 026-2022, § 2, 11-15-2022)
12 Sec. 122-16. Floodplain Certificate of Compliance Program.
13 (a) Generally. Any property owner is eligible to obtain a certificate of compliance if they have
14 obtained an inspection of an enclosure below base flood elevation by one of the following:
15 (1) FEMA Insurance Inspection Program; or
16 (2) Inspection at time of sale; or
17 (3) Voluntary inspection.
18 The below base flood enclosure must have been found in compliance with the Monroe County
19 floodplain regulations by Monroe County staff. Prior to obtaining the certificate, the owner must
20 record a nonconversion agreement in the Monroe County official land records on a form to be
21 provided by the county and approved by the floodplain administrator. Properties that have received
22 their inspections prior to implementation of the certificate of compliance program may receive a
23 certificate of compliance; however, a re-inspection (with no fee) shall be necessary to ensure
24 compliance has been maintained and the owner must also record the nonconversion agreement,
25 which must be recorded in the official records of Monroe County.
26 (b) Outreach. Every two (2) years, the county will mail written notices to property owners, of
27 which the county is aware own a building or structure with below base flood elevation living
28 areas as follows:
29 (1) The county will obtain data from the Monroe County Property Appraiser Office which will
30 identify all single-family residences which contain enclosures that are identified as living
31 area on the ground floor. Once this data is captured, county technical staff will deduct all
32 the parcels that have already received inspections through the FEMA Insurance Inspection
33 Pilot Program, transfer of ownership program, or through the previously applicable
34 inspection on building permit program, and been made compliant.
35 (2) The remaining property owners will be notified by regular mail that in order to receive a
36 certificate of compliance, a county inspection is required of any below base flood elevation
37 structures, to verify compliance with the Monroe County floodplain regulations. Owners
38 will also be notified that noncompliant structures may be subject to code compliance
39 proceedings.
40 (3) If owners seek and obtain a certificate of compliance inspection, and the below base flood
41 enclosures are determined by the county to be compliant, the owners will receive a
42 certificate of compliance as outlined in this section. This is a proactive opportunity for
43 property owners to receive evidence that they have a compliant structure which should,
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1 long term, create a positive real property market condition. If an owner has a noncompliant
2 structure, he or she will be notified of all the required corrective actions necessary for the
3 enclosure to become compliant and that county permits or approvals are required to
4 authorize lawful construction and/or development.
5 (c) Inspections. Inspections may be requested for a certificate of compliance according to this
6 section or Section 122-15 for required inspections of residential structures prior to transfer of
7 ownership.
8 (d) Compliant structures. The county will provide a certificate of compliance to property
9 owners with compliant below base flood enclosures after such property owners sign and
10 record a nonconversion agreement (with a corresponding drawing or site plan demonstrating
11 the permitted improvements allowed below base flood elevation attached to the agreement)
12 in the official records of Monroe County. The nonconversion agreement shall be recorded in
13 the official records of Monroe County so that future purchasers of properties understand what
14 has been approved by the county for areas below base flood elevation. Property owners shall
15 pay applicable recording fees.
16 (e) Noncompliant structures. The county building official shall refer any noncompliant
17 structures to the Code Compliance Department for enforcement through appropriate
18 processes. Once compliance is achieved, if the below base flood enclosure has not been
19 completely removed, a nonconversion agreement executed by the owner shall be recorded in
20 the official records of Monroe County.
21 (f) New construction. Owners of new construction that contains any type of below base flood
22 enclosure, will be required to record a nonconversion agreement in the official records of
23 Monroe County indicating the square footage permitted to be constructed below base flood
24 elevations, with an accurate corresponding drawing or site plan showing/demonstrating the
25 permitted improvements permitted, prior to receiving a certificate of occupancy.
26 (Ord. No. 026-2022, § 2, 11-15-2022)
27 *****
28 Sec. 122-1715
29 (a) Authority. The Division of Administrative Hearings (DOAH) shall hear and decide on
30 requests for variances from the application of the allegedly strict letter of this chapter.
31 Pursuant to F.S. § 553.73(5), the DOAH shall hear and decide on requests for variances from
32 the application of the allegedly strict letter of the flood resistant construction requirements of
33 the Florida Building Code. DOAH shall also hear and decide on requests for variances for at-
34 grade wet floodproofed accessory structures in A/AE zones that are larger than 600 square
35 feet but not larger than 1,000 square feet in size.
36
37 (c) Limitations on authority to grant variances.
38 (1) The DOAH shall base its decisions on variances on technical justifications submitted by
39 applicants, the considerations for issuance in Section 122-1715(e) of this chapter, the
40 conditions of issuance set forth in Section 122-1715 (g) of this chapter, and the reports
41 and recommendations of the floodplain administrator and the building official. Variances
42 for accessory structures in A/AE zones shall be subject to the conditions in Section 112-
43 1715 (f).
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1 (2) When the DOAH considers the propriety of granting a variance, the following factors
2 shall not be considered material or relevant to the hearing officer's decision:
3 a. The physical disabilities or handicaps and health of the applicant or members of his
4 family;
5 b. The domestic difficulties of the applicant or members of his or her family;
6 c. The financial difficulty of the applicant in complying with the floodplain
7 management provisions of this chapter or the Florida Building Code;
8 d. The elevation of surrounding structures or buildings;
9 e. The alleged difficulty of marketing, advertising, or selling the property, building,
10 or structure;
11 f. Any alleged difficulty related to a codified law, rule, regulation, or matter of record,
12 which the applicant or members of his or her family, which he, she, or they were
13 on actual or constructive notice of prior to acquiring the property, and could
14 therefore have been avoided, or which may be characterized as a self-created
15 hardship; or
16 g. Non-unique or non-peculiar characteristics of the applicant's property, building, or
17 structure.
18 (3) The DOAH has the right to attach such conditions as it deems necessary to further the
19 purposes, intent, goals, and objectives of this chapter.
20
21 (g) Conditions for issuance of other variances. Variances shall be issued only upon:
22 (1) Submission by the applicant, of a showing of legally sufficient good cause that the
23 unique characteristics of the size, configuration, or topography of the site limit
24 compliance with any provision of this chapter or the required elevation standards;
25 (2) Determination by the DOAH that:
26 a. Failure to grant the requested variance would result in exceptional non-self-
27 imposed hardship due to the physical characteristics of the land that render the lot
28 undevelopable; increased costs to satisfy the requirements or inconvenience do not
29 constitute hardship;
30 b. The granting of a variance will not result in increased flood heights, additional
31 threats to public safety, extraordinary public expense, nor create nuisances, cause
32 fraud on or victimization of the public or conflict with existing local laws and
33 ordinances;
34 c. The variance is the minimum necessary, considering the flood hazard, to afford
35 relief;
36 d. The granting of the requested variance will not result in worsening the expected
37 heights, velocity, duration, rate of rise, and debris and sediment transport of the
38 floodwaters and the effects of wave action, if applicable, expected at the site;
39 e. The granting of the requested variance will not result in increased risk of dangers
40 enumerated under Section 122-1715 (e)(1)(3);
41 f. The granting of the requested variance will not result in increased risk of injuries,
42 harm, or damage enumerated under Section 122-1715 (e)(8)(11);
43 g. The granting of the requested variance will not result in increased public expenses,
44 create a threat to public health and safety, create a public nuisance, or cause fraud
45 or victimization of the public;
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1 h. The granting of the requested variance will not adversely affect the public service,
2 infrastructure, and public policy considerations enumerated under Section 122-
3 1715(e)(6).
4 (3) Receipt of a sworn or attested and notarized statement by the applicant that the variance,
5 if granted, shall be recorded in the Office of the Monroe County Clerk of the Court in
6 such a manner that it appears in the chain of title of the affected parcel of land; and
7 (4) If the request is for a variance to allow construction of the lowest floor of a new building,
8 or substantial improvement of a building, below the required elevation, a copy in the
9 record of a written notice from the floodplain administrator to the applicant for the
10 variance, specifying the difference between the base flood elevation and the proposed
11 elevation of the lowest floor, stating that the cost of federal flood insurance will be
12 commensurate with the increased risk resulting from the reduced floor elevation (up to
13 amounts as high as $25.00 for $100.00 of insurance coverage), and stating that
14 construction below the base flood elevation increases risks to life and property.
15
16 (gh) Appeal. An appeal of a variance determination may be submitted pursuant to Section 122-
17 1916. The failure to timely and properly file an appeal under this section shall constitute an
18 irrevocable jurisdictional waiver of any rights to seek such a variance, for failure to exhaust
19 available administrative remedies.
20
21 *****
22 Sec. 122-1916
23
24 *****
25 Sec. 122-2017
26
27 *****
28 Sec. 122-2118
29 *****
30 ARTICLE III. FLOOD RESISTANT DEVELOPMENT
31 Sec. 122-25. Buildings and structures.
32 *****
33 (b) Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated
34 buildings shall comply with all the applicable requirements of the Florida Building Code and
35 the following:
36 (1) Enclosed areas below new and substantially improved one- and two-family dwellings, and
37 below lateral additions to one- and two-family dwellings:
38 a. In zone A/AE flood hazard areas, not more than 299 square feet may be permitted to
39 be enclosed by walls of opaque materials, except for perimeter foundations
40 (crawl/underfloor spaces that have a wall height less than 5 feet). Additional area may
41 be enclosed with screening or open lattice. The size limitation shall not apply to areas
42 enclosed for parking of aircraft below residential buildings abutting airport districts.
43 b. In coastal high hazard areas (zone V) and coastal A zones, not more than 299 square
44 feet may be permitted to be enclosed by breakaway walls of opaque materials.
45 Additional area may be enclosed with screening or open lattice.
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1 (2) Nonconforming enclosed areas of 299 square feet or more below one- and two-family
2 dwellings lawfully established and lawfully existing as of April 12, 2004, shall not be
3 modified, improved, or expanded unless the enclosed areas are brought into compliance
4 with the Florida Building Code, Residential Section R322 and this section.
5 (3) Enclosed areas below other new and substantially improved buildings and structures shall
6 comply with the requirements of Florida Building Code, Building and ASCE 24.
7 (4) Applications that include enclosed areas below elevated buildings shall include a
8 nonconversion agreement as specified in Section 122-11(i) of this chapter.
9 (cb) Minimum foundation requirements for buildings and structures within the scope of the
10 Florida Building Code. Pursuant to the Florida Building Code, and Sections 6-147 and 6-
11 148 of the Monroe County Code of Ordinances, the design of the foundation system for
12 buildings within the scope of the Florida Building Code shall be provided by a geotechnical
13 engineer registered in the State of Florida in a site-specific geotechnical report submitted per
14 requirements of Section 1803.6 of the Florida Building Code. The foundation design shall be
15 the more stringent of recommendations of the report and meet the following minimum
16 requirements:
17 (1) All structures or building foundations shall be anchored/socketed into natural rock. This
18 includes, but is not limited to, auger cast concrete piles, precast concrete piles or wooden
19 piles.
20 (2) All concrete piling shall have full depth reinforcing to effectively resist the internal forces
21 induced by the design loads, without failure.
22 (3) All piling shall be anchored to the natural rock with a 14-inch minimum diameter augured
23 socket and a minimum embedment of 3 feet.
24 (4) The pile foundation support system shall be designed to resist the required lateral loading
25 for an unsupported height defined by a full scour condition. The construction documents
26 shall include a statement that the design has been completed and certified for a full scour
27 condition for lateral stability to the elevation of the supporting rock and in accordance with
28 ASCE 24.
29 (5) Pile embedment shall include consideration of decreased resistance capacity caused by
30 scour of soil strata surrounding the piling and have adequate rock penetration to resist the
31 combined wave and wind loads (lateral and uplift).
32 (dc) At-grade residential detached accessory structures. At-grade detached accessory
33 structures are permitted provided the accessory structures are used only for parking or storage
34 and:
35 (1) If located in special flood hazard areas (zone A/AE), other than coastal high hazard areas,
36 are one-story and not larger than 600 square feet and have flood openings in accordance
37 with Section R322.2 of the Florida Building Code, Residential.
38 a. A variance, in accordance with Section 122-1715, may be authorized for the
39 construction or substantial improvement of at-grade detached accessory structures
40 larger than the size limits specified in subsection (1) but not larger than 1,000 square
41 feet in size.
42 (2) If located in coastal high hazard areas (zone V/VE and coastal A zones), are not located
43 below elevated buildings and are not larger than 100 square feet.
44 (3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
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1 (4) Have flood damage-resistant materials used below the base flood elevation plus one (1)
2 foot.
3 (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
4 to or above the base flood elevation plus one (1) foot.
5 (6) Applications for detached accessory structures shall include a nonconversion agreement as
6 specified in Section 122-11(i) of this chapter.
7 (ed) Nonresidential detached accessory structures. In all flood hazard areas, nonresidential
8 detached accessory structures shall comply with the requirements of Florida Building Code,
9 Building and ASCE 24, including, but not limited to, elevation or dry floodproofing
10 requirements. Applications for detached accessory structures shall include a nonconversion
11 agreement as specified in Section 122-11(i) of this chapter.
12
13 *****
14
15 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
16 ambiguities, within this Ordinance or between this Ordinance and the Monroe
17 County Code of Ordinances, Florida Building Code, Monroe County Land
18 Development Code, floodplain management regulations, Monroe County
19 Comprehensive Plan, or any approval, or any decision, or any determination of the
20 Monroe County Board of County Commissioners, Monroe County Planning
21 Commission, Monroe County Development Review Committee, Monroe County
22 Planning and Environmental Resources Department, or other department or office
23 of Monroe County, the more restrictive rule, regulation, law, provision, and/or text
24 shall always apply and control.
25
26 Section 5. No Liability. Monroe County expressly reserves and in no way shall be deemed to
27 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
28 governmental, and any other similar defense, immunity, exemption, or protection
29 against any suit, cause-of-action, demand, or liability.
30
31 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
32 any portion of this Ordinance, or any part or portion thereof, is held to be invalid
33 or unenforceable by any administrative hearing officer or court of competent
34 jurisdiction, the invalidity or unenforceability of such provision, or any part or
35 portion thereof, shall neither limit nor impair the operation, enforceability, or
36 validity of any other provision of this Ordinance, or any remaining part(s) or
37 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) or
38 portion(s) thereof, shall continue unimpaired in full force and effect.
39
40 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
41 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
42 shall not repeal the repealing clause of such ordinance or revive any ordinance
43 which has been repealed thereby.
44
45 Section 8. Transmittal. This Ordinance shall be transmitted to the State Land Planning
46 Agency pursuant to Chapters 163 and 380, Florida Statutes.
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1 Section 9. Filing and Effective Date. This Ordinance shall be filed in the Office of the
2 Secretary of State of Florida, but shall not become effective until a notice is issued
3 by the Florida State Land Planning Agency or Administration Commission finding
4 the amendment in compliance with Chapters 163 and 380, Florida Statutes, and if
5 challenged until such challenge is resolved.
6
7 Section 10. Inclusion in the Land Development Code. The text amendment shall be
8 incorporated in the Monroe County Land Development Code. The numbering of
9 the foregoing amendment may be renumbered to conform to the numbering in the
10 Monroe County Land Development Code.
11
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
th
13 Florida, at a regular meeting held on the 15 day of October, 2025.
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15 Mayor James K. Scholl, District 3 _______
16 Mayor Pro Tem Michelle Lincoln, District 2 _______
17 Commissioner Craig Cates, District 1 _______
18 Commissioner David Rice, District 4 _______
19 Commissioner Holly Merrill Raschein, District 5 _______
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21
22 BOARD OF COUNTY COMMISSIONERS
23 OF MONROE COUNTY, FLORIDA
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25 BY: ___________________________________
26 MAYOR JAMES K. SCHOLL
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28 (SEAL)
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30
31 ATTEST: KEVIN MADOK, CLERK
9/29/25
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34 ____________________________________
35 AS DEPUTY CLERK
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