Ordinance 002-1994 -
r i
FU FLU op P`: antn ng Department
ORDINANCE NO. 00221I990 25 P3 :39
AN ORDINANCE AMENDING THE LANQ;L�AGE;'OE"MONROE
COUNTY CODE CHAPTER 9 . 5-tnitV 19' t5ri3r16„ , AND
9 . 5-317, THE FLOODPLAIN MANAGEMENT ORDI ANCE;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE OF THE
STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, due to the designation contained in Chapter 28-20,
Florida Administrative Code, the recommended changes are "land
development regulations" as defined in Florida Statutes Chapter
163 . 3164 (22) ; and
WHEREAS, Section 9 . 5-511, Monroe County Code of Ordinances
(MCC) provides for the amendment of "land development regula-
tions" (LDRs) ; and
WHEREAS, pursuant to Chapter 163 , Florida Statutes, the
Planning Commission is designated as the "local planning agency"
by the Board of County Commissioners sitting as the "local govern-
ing body" ; and
WHEREAS, pursuant to the above sections, the Board of County
Commissioners has directed the county planning staff and its
consultants to study the sign ordinance and make recommendations
through the Planning Commission for changes as appropriate; and
WHEREAS, the county staff has gathered the relevant data and
has analyzed recommended changes; and
WHEREAS, the staff' s recommended changes were provided to
the Development Review Committee for review and comment; and
WHEREAS, the Planning Commission, sitting as the "local plan-
ning agency" , after due notice and public participation in the
hearing process, has reviewed the following Monroe County Code
sections dealing with signs; and
WHEREAS, the Board of County Commissioners agrees with and
hereby ratifies the Planning Commission' s decisions and makes the
following Findings of Fact :
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T . Section 9 . 5-511 (c) of the LDRs provides that amendments to
the LDRs text may be made at any time; and that
2 . Section 9 . 5-511 (d) of the LDRs provide for the review of
proposed amendments by the Planning Department, the Develop-
ment Review Committee, and the Planning Commission, who make
recommendations to the Board of County Commissioners; and that
3 . Section 9 . 5-511 (d) (3) of the LDRs provide that the Planning
Commission and the Board of County Commissioners each hold at
least one (1) public hearing on the proposed amendments to
the text; and that
4 . Section 9 . 5-511 (d) (4) of the LDRs provide that the Planning
Commission review the proposed amendments, as well as the
reports and recommendations of the Planning Department and
the Development Review Committee, together with any public
testimony, and submit its recommendations and findings to the
Board of County Commissioners; and that
5 . Section 9 . 5-511 (d) of the LDRs provides that the Board of
County Commissioners shall consider the report and recommenda-
tion of the Department of Planning, the Development Review
Committee, and the Planning Commission, and the testimony
given at the public hearings; and that
6 . Florida Statutes Section 125 . 66 (6) requires that the Board of
County Commissioners hold two public hearings after 5 : 00 p.m.
on any ordinance "affecting the use of land" ; and
7 . The Board of County Commissioners has met the requirements of
F.S. Sec . 125 . 66 (6) ; and
8 . The proposed revisions of the LDRs were conducted by profes-
sional Planning Department staff; and that
9 . The revisions of the LDRs with regards to the sign ordinance
have been deemed by staff to concur with the policies promul-
gated in the Monroe County Comprehensive Plan; and that
10 . The Planning Commission concurred with staff by finding that
the proposed amendments, as further amended, conformed with
the policies of the comprehensive plan and found that the
proposed amendments will help implement said Comprehensive
Plan; and that
11 . The Planning Commission also found that the proposed amend-
ments are consistent with the Principles for Guiding Develop-
ment identified in Chapter 380, F.S . ; and that
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12 . The Planning Commission did not recommend approval to the
Board of County Commissioners of the proposed text amendments
as originally written by staff, but does support the proposed
text amendments if they are further amended by the revisions
and additions contained in Resolution P47-93 , and which are
incorporated herein; and that
13 . The Board of County Commissioners hereby concurs with the
Planning Commission and finds that the proposed text amend-
ments are needed based upon a recognition of new issues; a
need for additional detail, and comprehensiveness; and data
updates; and that
14 . The Board of County Commissioners therefore supports the
proposed ordinance language with amendments noted at the
hearings, and hereby directs the staff of the Planning Depart-
ment to reformat the proposed amendments as appropriate, to
correct typographical errors, and to make global changes to
the proposed document as required for consistency and codifi-
cation in the Monroe County Code; and that
15 . The Board of County Commissioners hereby supports the deci-
sion of the Planning Commission and hereby approves the pro-
posed text amendments, as herein amended.
WHEREAS, Chapter 380 . 0552 (9) , Florida Statutes, requires that
the Department of Community Affairs, acting as the "state land
planning agency" , approve all proposed land development regula-
tions before such changes may become effective; and
WHEREAS, it is desired by the Board that the following chang-
es to the land development regulations be approved, adopted and
transmitted to the state land planning agency for approval; now
therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT THE FOLLOWING CHANGES BE MADE TO CHAPTER
9 . 5 OF THE MONROE COUNTY CODE:
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Section 1 . Chapter 9 . 5; Article VII, Division 6, Sections
9 . 5-315, 9 . 5-316, and 9 . 5-317; and Article IV, Division 2,
Section 9 . 5-127, shall be amended to read as follows :
ARTICLE VII . LAND USE DISTRICTS
DIVISION 6 . FLOODPLAIN MANAGEMENT STANDARDS
Sec. 9.5-315. Purpose and Intent.
(A) It is the purpose of the floodplain management
provisions to promote the public health, safety and general
welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed
to:
(1) Restrict or prohibit uses which are dangerous to
health, safety and property due to water or
erosion hazards, or which result in increases in
erosion or in flood heights or velocities .
(2) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial
construction.
(3) Control the alteration of natural floodplains,
stream channels, and natural protective barriers
which are involved in the accommodation of
floodwaters .
(4) Control filling, grading, dredging and other
development which may increase erosion or flood
damage.
(5) Prevent or regulate the construction of flood
barriers which will unnaturally divert floodwaters
or which may increase flood hazards to other lands .
(6) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken
at the expense of the general public .
(7) To minimize prolonged business interruptions .
(8) To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, and streets and bridges
located in floodplains .
(9) To help maintain a stable tax base by providing
for the sound use and development of flood-prone
areas in such manner as to minimize future flood
blight areas .
(10) To ensure that potential home buyers are notified
that the property is in a floodplain area.
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;(B) The board of county commissioners deem it to be in the
best interest of its citizens that prudent measures be
taken to minimize the potential public and private loss due
to flooding. It is the intent of the board of county
commissioners that the county at all times be eligible for,
and receive, the benefits of participation in the National
Flood Insurance Program. It is therefore the intent of the
board that the provisions of this division be strictly
adhered to.
Sec. 9.5-316. General Provisions.
(A) Applicability: No structure or manufactured
home hereafter shall be located, extended, converted, or
structurally altered without full compliance with the terms
of this division, in addition to other applicable
regulations of this chapter.
(B) Adoption of Maps: The areas of special
flood hazard identified by the Federal Emergency Management
Agency (FEMA) in its Flood Insurance Study and Wave Height
Analysis for Monroe County, Florida Unincorporated Areas,
dated October 17, 1989, or the most current official maps
approved by FEMA, with accompanying maps and other
supporting data, and any revisions thereof, are adopted by
reference and declared to be a part of this division and
shall be kept on file, available to the public, in the
offices of the county planning department .
(C) Rules for Interpreting Flood Hazard Issues:
(1) The boundaries of the flood hazard areas shown on
the official Flood Insurance Rate Maps may be
determined by scaling distances . Required
interpretations of those maps for precise
locations of such boundaries shall be made by the
FEMA Coordinator, in consultation with the
Building Official . In interpreting other
provisions of this division, the Building
Official shall be guided by the current edition
of FEMA' s 44 CFR and FEMA' s Interpretive Letters,
Policy Statements and Technical Bulletins as
adopted by resolution from time to time by the
Board of County Commissioners . Additionally, the
Building Official shall also obtain, review and
reasonably utilize any base flood elevation and
floodway data available from a federal, state or
other source, as a criteria for requiring that new
construction, substantial improvements, or other
developments meet the criteria required in the
appropriate flood zone .
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1 • a
(2) In this division, where the phrase "substantial
improvement" appears, it shall have the meaning
"any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50
percent of the market value of the structure
either, (a) before the improvement or repair is
started, or (b) if the structure has been damaged,
and is being restored, before the damage occurred" .
(3) For the purpose of this division "market value"
shall be determined by appraisals prepared by
individuals who must possess certification and
current membership in one or more of the following
associations : MAI, (Member Appraisal Institute)
AIREA(American Institute of Real Estate
Appraisers) and/or RM (Residential Member) .
Copies of all appraisals shall be forwarded to the
office of the County Property Appraiser.
(4) For the purposes of this division "substantial
improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether
or not that alteration affects the external
dimensions of the structure . The term does not,
however, include either (1) any project for
improvement of a structure to comply with existing
safety code specifications which are solely neces-
sary to assure safe living conditions or (2) any
alteration of a structure listed on the National
Register of Historic Places, the state inventory
of historic places, or any inventory of local
historic places . "Cumulative substantial
improvement" means that improvement which is not
substantial by itself but, when added to all prior
nonsubstantial improvements to the original
structure, would cause all the improvements to be
substantial if permitted at one time . Substantial
improvements and cumulative nonsubstantial
improvements only apply to structures whose
initial construction began prior to January 1,
1975 or structures rendered noncompliant by a
revised Flood Insurance Rate Map. All
applications deemed substantial or non substantial
must be approved by the FEMA Coordinator, Director
of Growth Management, or the Building
Official/Director.
(D) Warning and Disclaimer of Liability: The
degree of flood protection required in this division is
reasonable for regulatory purposes and is based on
scientific and engineering considerations . Larger floods
can and will occur on rare occasions . Flood heights may be
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;increased by man-made or natural causes . This division
does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free
from flooding or flood damages . This division shall not
create liability on the part of Monroe County or any
officer or employee thereof for any flood damages that
result from reliance on this division or any administrative
decision lawfully made thereunder.
(E) "Manufactured Home" Defined: For the
purposes of this division only, manufactured home means a
structure, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with
or without a permanent foundation when connected to the
required utilities . The term also includes park trailers,
travel trailers, and similar transportable structures
placed on a site for 180 consecutive days or longer and
intended to be improved property.
Sec. 9 .5-317. Standards for Issuance of Building Permits
in Areas of Special Flood Hazards.
(A) Generally: In all areas of special flood
hazard, the following standards apply:
(1) All new construction and cumulative substantial
improvements shall be adequately anchored by
pilings or columns to prevent flotation, collapse,
or lateral movement of the structure . No fill
shall be used for structural support .
(2) All new construction and cumulative substantial
improvements shall be constructed with materials
and utility equipment resistant to flood damage .
(3) All new construction and cumulative substantial
improvements shall be constructed by methods and
practices that minimize flood damage.
(4) All new or replacement water supply systems shall
be designed and constructed by methods and
practices that minimize flood damage .
(5) All new or replacement sanitary sewage systems
shall be designed and constructed to minimize or
eliminate the infiltration of floodwaters into the
system and discharge from the system into
floodwaters . Joints between sewer drain
components shall be sealed with caulking, plastic
or rubber gaskets and all manhole covers shall be
sealed in a similar manner.
(6) On-site waste disposal systems shall be located
and constructed to minimize or eliminate any
damage to them and contamination from them during
flooding.
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(7) Any alteration, repair, reconstruction or
improvement to a structure which already is in
compliance with the provisions of this division
shall meet the requirements of new construction as
contained in this division.
(8) No man-made alteration of sand dunes, dune ridge,
mangrove stands or wetlands shall be allowed which
would increase potential flood damage .
(9) All new construction shall be located landward of
the reach of mean high tides .
(l0)All agreements such as deed purchase agreements,
leases, or other contracts for sale or exchange of
lots within areas of special flood hazard must
carry the following flood hazard warning
prominently displayed on the document :
FLOOD HAZARD WARNING
This property may be subject to flooding.
You should contact the Monroe County Growth
Management division and obtain the latest
information regarding flood elevations and
restrictions on development before making
use of this property.
(B) Additional Standards: In all areas of
special flood hazard where base flood elevation data has
been provided the following provisions are required:
(1) Residential Construction:
a. New construction or cumulative substantial
improvement of any residential structure
shall have the lowest floor elevated at or
above the base flood elevation level .
b. Electrical and mechanical equipment servicing
an elevated structure must be elevated at or
above the required base flood elevation.
Elevators may be placed below the required
base flood elevation, although the mechanical
and electrical equipment serving the elevator
must be elevated at or above the required
base flood elevation.
c . Sewer and storm drainage systems which extend
below the base flood elevation shall be
provided with automatic back flow prevention
valves or devices installed at the point
where the line passes an exterior wall or
slab.
d. Except as noted in subsection 9 . 5-317 (B) (6)
of this division, the space below the lowest
floor of an elevated structure shall be used
exclusively for parking of vehicles,
elevators, limited storage or building access
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purposes . For the purpose of this division
limited storage means storage of lawn mowers,
rakes, wheel barrows and similar equipment .
Limited storage does not apply to household
items such as furniture . Such spaces may be
enclosed under the following conditions :
(i) Walls of any enclosed area must be
designed and constructed in a manner to
prevent flotation, collapse and lateral
movement of the structure .
(ii) The walls of any enclosed area, which do
not meet the breakaway standards, shall
be provided with openings such as vents,
louvers, or automatic valves which
permit the level of floodwaters within
the enclosed area to match the rising
and falling of floodwaters on the
outside of the structure. A minimum of
(2) two openings located on separate
walls shall be provided having a minimum
total net area of one square inch (1 sq.
in. ) for each square foot (sq. ft . ) of
enclosed area, where the enclosed area
is calculated by outside dimensions .
Openings shall be situated such that the
bottom of each opening is no higher
than one foot (1 ft . ) above finished
grade .
(iii) Enclosed areas below the base flood
elevation shall be provided with air
vents extending above the base flood
elevation to prevent the entrapment of
air within the enclosure by floodwaters .
(iv) Interior walls, ceilings and floors
located below the base flood elevation
must be unfinished except for protective
paint, except that materials required by
applicable fire codes shall be
permitted. Entryways under three hundred
square feet (300 sq. ft . ) may be
finished with approved class 5 exterior
materials as referenced in ACOE
Regulations EP 1165-2-314 .
(v) The interior portion of an enclosed area
below an elevated building may not be
partitioned off into separate rooms
except that garages may be separated
from storage and entryway. In the
event an existing storage enclosure is
enlarged, the walls between the existing
enclosure and the additional enclosure
must be deleted.
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(vi) Necessary electrical switches for
required lighting circuits may be
located below the base flood elevation
provided they are of the outdoor water
resistant variety on a separate
ground-fault protection circuit breaker
and do not exceed the minimum number
required by law. Except for elevator
equipment, electrical receptacles shall
not be located below the base flood
elevation.
(vii)Walls constructed entirely of wood
lattice work or screen mesh shall be
considered as satisfying the
requirements of subsections (i) and (ii)
above.
(viii) The area enclosed below the base flood
elevation shall not be used for human
habitation.
(2) Nonresidential Construction.
a. New construction or cumulative substantial
improvements of any commercial, industrial or
other nonresidential structures within Zones
Al-30, AE and AH on the community' s flood
insurance rating map (FIRM) shall have the
lowest floor (including basement) elevated to
or above the base flood level, or together
with attendant utility and sanitary
facilities, be designed so that below the
base flood level the structure is watertight
with walls substantially impermeable to the
passage of water and with structural
components having the capability of resisting
hydrostatic and hydrodynamic loads and
effects of buoyancy; Where a nonresidential
structure is intended to be made watertight
below the base flood level, a registered
professional engineer or architect shall
develop and/or review structural design
specifications, and plans for the
construction and shall certify that the
design and methods of construction are in
accordance with accepted standards of
practice for meeting the applicable
provisions contained herein. A record of
such floodproofing certification which shall
include the specific elevation (in relation
to mean sea level) to which such structures
are floodproofed shall be provided to the
Building Department . Wet Floodproofing is
not acceptable . New construction or
cumulative substantial improvements of any
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commercial, industrial or other
nonresidential structures within Zones V1-30,
VE or V shall have the lowest floor including
the basement elevated to or above the base
flood elevation and the space below the
lowest supporting member shall be open so as
not to impede the flow of floodwater.
b. Free Standing Accessory structures or
enclosed areas below an elevated structure at
grade elevation for nonresidential commercial
or industrial uses shall be permitted for
storage or parking purposes provided that
they are anchored to prevent flotation,
collapse or lateral movement of the
structure, do not exceed three hundred
square feet (300 sq. ft . ) of enclosed area
and which does not exceed five thousand
dollars ($5, 000 . 00) in value and are in
accordance with the requirements of
subsection 9 . 5-317 (B) (5) h. or subsection
9 . 5-317 (B) (1) d. (i) through (viii) . Plans for
such structure shall be submitted to the
building official for approval prior to
construction.
(3) Accessory Structures:
a. Residential Accessory Structures :
Any prefabricated light metal
structure which meets the following criteria,
may be permitted in A or V-zones if :
(i) The enclosed area is one hundred and
fifty square feet (150 sq. ft . ) or less;
and
(ii) The fair market value is five hundred
dollars ($500) or less; and
(iii) The use is limited to storage accessory
to a residence; and
(iv) The structure is properly anchored.
Accessory light metal structures which exceed
the one hundred and fifty square feet (150
sq. ft . ) of enclosed space threshold or
concrete or wood accessory structures built
on site regardless of size or value may be
permitted if they meet all of the criteria
outlined in section 9 . 5-317 (B) (3) a. (iii) and
(iv) of this division and are constructed to
meet the venting criteria set forth in
section 9 . 5-317 (B) (1) d. (ii) or the breakaway
wall criteria set forth in section
9 . 5-317 (B) (5) h.
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b. Nonresidential Accessory Structures :
All nonresidential accessory structures, or
enclosed areas, which meet the following
criteria may be permitted if :
(i) The enclosed area is three hundred
square feet (300 sq. ft . ) or less; and
(ii) They meet the breakaway wall standards
outlined in section 9 . 5-317 (B) (5) h. ; or
(iii) They meet the venting requirements
outlined in section 9 . 5-317 (B) (1) d. (ii) ;
and
(iv) the structures are properly anchored.
Accessory structures in an A-zone which
exceed the three hundred square feet (300 sq.
ft . ) of enclosed space threshold may be
permitted if they meet the floodproofing
criteria outlined in section 9 . 5-317 (B) (2) a.
of this division.
Accessory structures in a V-zone which exceed
the three hundred square feet (300 sq. ft . )
of enclosed space threshold, are strictly
prohibited.
(4) Manufactured Homes:
a. Effective June 1, 1977, no manufactured home,
not already in place, shall be placed within
areas of special flood hazard except in
existing manufactured home parks or
subdivisions, as hereafter defined. In the
event that the Federal Emergency Management
Agency eliminates the existing manufactured
home park or subdivision requirement of 44
CFR 60 .3 (c) (12) , then no manufactured home
may be placed below the base flood elevation.
b. A manufactured home that is to be placed on a
qualified lot may be placed at an elevation
below base flood elevation provided that :
(i) The lot on which the manufactured home
is to be placed is located in an
existing manufactured home park or
subdivision and is contiguous to, and
surrounded, by manufactured homes not at
base flood elevation. For the purposes
of this section, an existing
manufactured home park or subdivision is
one in which, at the time of
application, there are no site built
residences or a park or subdivision
which is limited to manufactured homes
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only by the Monroe County Land
Development Regulations . In the event
the Federal Emergency Management Agency
eliminates the existing manufactured
home park or subdivision exemption, then
the existing manufactured home park or
subdivision exemption of this subsection
shall no longer be of any force or
effect .
(ii) The manufactured homes that are placed
or substantially improved (for other
than substantial damage due to a flood)
on sites in existing manufactured home
parks or subdivisions in flood hazard
areas shall be elevated so that the
manufactured home chassis is supported
by reinforced piers or other foundation
elements that are no less than 36 inches
in height above the grade at the site .
A lower foundation system could be used
if the lower floor of the manufactured
home would be at or above the base flood
elevation using such foundation.
c. An existing manufactured home may be replaced
without regard to the elevation requirements
of these regulations and without need of a
variance, provided the manufactured home so
replaced was at an elevation below the base
flood elevation and is located in an existing
manufactured home park or subdivision.
d. All manufactured homes shall be anchored to
resist flotation, collapse or lateral
movement by providing over-the-top and frame
ties to ground anchors . Specific
requirements shall be that :
(i) over-the-top ties shall be provided at
each end of the manufactured home with
one additional tie per side at an
intermediate location for manufactured
homes less than fifty feet (50' ) long
and two additional ties per side at
intermediate locations for manufactured
homes of fifty feet (50' ) or greater
length.
(ii) Frame ties shall be provided at each
corner of the manufactured home with
four (4) additional ties per side at
intermediate locations for manufactured
homes less than fifty feet (50' ) long
and five (5) additional ties per side at
intermediate locations for manufactured
homes of fifty feet (50' ) or greater
length.
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(iii)All components of the anchoring system
must be capable of carrying a force of
2000 pounds for manufactured homes
existing on the effective date of these
regulations or 4800 pounds for new
manufactured homes .
(iv) Any additions to the manufactured home
shall be similarly anchored.
(v) All anchoring must be in compliance with
section 6-16 . 1 (7) appendix H, "Mobile
Home Tie Downs" . All other foundations
requiring elevation of the structure in
order to meet the floodplain standards
must comply with section 6-16 . 1 (7) of
the Monroe County Code, "Footing and
Foundations" .
e. An existing manufactured home which is
damaged or otherwise in need of repair,
reconstruction, improvement, or replacement -
the value of which meets or exceeds 500 of
the value of the manufactured home without
the repair, reconstruction, improvement or
replacement - shall not be repaired,
reconstructed, improved or replaced except by
a manufactured home which meets the most
recent standards promulgated by the
Department of Housing and Urban Development
in 24 C.F.R. 3280 . 308 (C) (2) and, in addition,
meets the standards set forth in subsections
9 . 5-317 (B) (4) b. , 9 . 5-317 (B) (4) c . , and
9 . 5-317 (B) (4) d. , of this division, as
applicable. For the purposes of determining
the value of any replacement manufactured
homes under this section, the purchase price,
as expressed in an invoice from an
arms-length transaction, in a form acceptable
to the building official, or the value
reflected in the current records of the
Monroe County property appraiser, or using
fair market value, as determined in section
9 . 5-316 (C) of this division.
(5) High Hazard Areas (V Zones) : Within the
areas of special flood hazard are areas designated
as coastal high hazard areas, which have special
flood hazards associated with wave wash. The
following provisions shall apply in these areas :
a. All buildings or structures shall be elevated
so that the lowest horizontal supporting
member (excluding pilings or columns) is
located at or above the base flood elevation
level, with the space below the lowest
supporting member open or constructed with
breakaway walls so as not to impede the flow
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of flood waters . Breakaway walls may be
permitted for aesthetic purposes only and
must be designed to wash away in the event of
abnormal wave action and in accordance with
the provisions of subsection 9 . 5-317 (B) (5) f . ,
g. , & h. of the division.
b. All buildings or structures shall be securely
anchored on pilings, columns, or shear walls.
c. The pile or column foundation and structure
attached thereto is anchored to resist
flotation, collapse, and lateral movement due
to the effects of wind and water loads acting
simultaneously on all building components .
Water loading values used shall be those
associated with the base flood. Wind loading
values shall be those required by American
Society of Civil Engineers (ASCE) Standard
number 7 . Where shear wall construction is
used, the following conditions shall also
apply:
(i) Shear walls shall be placed parallel to
the predominant flow direction of
floodwaters and spaced to provide
adequate floodwater conveyance beneath
the elevated floor.
(ii) Shear walls shall be constructed using
reinforced concrete.
(iii) Except for the placement of the parallel
load-bearing walls, the space between
the shear walls below the elevated floor
shall remain free of obstruction or
contain only breakaway wall construction.
d. A registered professional engineer or
architect shall develop or review the
structural design, specifications and plans
for the construction, and shall certify that
the design and methods of construction to be
used are in accordance with the accepted
standards of practice for meeting the
provisions of paragraphs (a) , (b) and (c) of
this subsection.
e . There shall be no fill used as structural
support .
f . If any space below the base flood elevation
level is to be enclosed, such enclosed areas
shall not be used for human habitation.
g. Prior to construction, plans for any
structure that will have enclosed space below
the base flood elevation level shall be
submitted to the Building Official, or his
designee, for approval .
h. Walls and partitions other than parallel
shear walls shall be allowed below the base
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flood elevation provided they are not part of
the structural support of the building and
are designed to break away under the impact
of abnormally high tides or wind-driven water
without damage to the structural integrity of
the building on which they are to be used,
and provided the following design specifica-
tions are met :
(i) A design load limit of not less than 10
and no more than 20 pounds per square
foot shall be used as the safe load
range for breakaway walls .
i . Compliance with this provision contained in
subsection 9 . 5-317 (B) (5) h. (i) above shall be
certified by a registered professional
engineer or architect .
j . Any alteration, repair, reconstruction or
improvement to a structure shall not enclose
the space below the base flood elevation
level except as provided for in paragraphs f .
and h. of this subsection.
k. No man-made alteration of mangroves or beach
berm systems shall be permitted which will
increase the potential for flood damage .
(6) No basement shall be constructed in the County
until such time as a variance is granted to the
County under the terms of 44 C.F.R. 60 . 6 (b) .
(7) No enclosure below the base flood elevation shall
be constructed or equipped for such uses as a
kitchen, dining room, family room, recreation
room, bedroom, bathroom, or workshop. This
prohibition does not apply to : new improvements
which are neither substantial nor cumulatively
nonsubstantial to structures rendered noncompliant
by amendments to the Flood Insurance Rate Map and
structures whose initial construction began prior
to January 1, 1975; legally placed manufactured
homes; those structures which are listed on the
National Register of Historic Places; or the
Florida Inventory of Historic Places; or any
inventory of local historic places .
(8) In no event shall a below base flood elevation
variance be necessary for improvements to an
existing structure whose initial construction
began prior to December 31, 1974 or to a legally
placed manufactured home when the improvements are
neither substantial nor cumulative .
Page 16
ORD. 09A/TXTADAMS Initials
ARTICLE IV. BUILDING PERMITS
DIVISION 2 . SPECIAL PROCEDURES FOR FLOODPLAIN MANAGEMENT
Sec. 9 .5-127. Variances.
(A) Generally: Where, owing to special conditions,
a literal enforcement of the floodplain management
provisions of the plan would result in exceptional hardship
unique to that property or proposed project, the board of
county commissioners may grant variances from the terms of
those provisions as will not be contrary to the public
interest, will be in harmony with the general purpose and
intent of this chapter, and will be the minimum variance
that will allow reasonable use of the property.
(B) Procedures:
(1) An application for a variance from the provisions
of this chapter for development in an area of
special flood hazard shall be filed with the
building official in a form provided by the
director of planning at the time of application
for a building permit .
(2) Within ten (10) days of receipt of a complete
application for a variance from the terms of the
floodplain management provisions of this chapter,
the building official shall forward the
application to the director of planning, review
the application, and submit a report and
recommendation to the board of county
commissioners .
(3) The director of planning, or his designee, also
shall review the application for a variance and
submit a report and recommendation to the board of
county commissioners within five (5) days after
receipt from the building official .
(4) The board of county commissioners shall review the
application and the reports and recommendations of
the building official and director of planning and
consider granting the variance in accordance with
the conditions set forth in this section.
(C) Conditions:
(1) Variances shall be issued only upon a
determination that the variance is the minimum
necessary, considering the flood hazard, to afford
relief, and only upon all of the following
conditions :
Page 17
ORD. 09A/TXTADAMS Initials
a. A showing of good and sufficient cause;
b. A determination that failure to grant the
variance would result in exceptional hardship
to the applicant;
c. A determination that the granting of a
variance will not result in increased flood
heights; result in additional threats to
public safety; result in extraordinary public
expense; create nuisance; cause fraud on or
victimization of the public; or conflict with
other provisions of this chapter or the
County Code; and
d. Specific written findings linked to the
criteria below.
(2) The following factors shall be relevant in the
granting of a variance :
a. Physical characteristics of construction;
b. Whether it is possible to use the property by
a conforming method of construction;
c . The possibility that materials may be swept
onto other lands to the injury of others;
d. The danger to life and property due to
flooding or erosion damage;
e . The susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual owner;
f . The importance to the community of the
services provided by the proposed facility;
g. The necessity to the facility of a
water-dependent location, where applicable;
h. The availability of alternative locations
less subject to flooding;
i . The compatibility of the proposed use with
existing and anticipated development;
j . The relationship of the proposed use to the
comprehensive plan, land development
regulations and the floodplain management
program for that area;
k. The safety of access to the property for
ordinary and emergency vehicles in times of
flood;
1 . The expected heights, velocity, duration,
rate of rise, and sediment transport of the
floodwaters and the effects of wave action,
if applicable, expected at the site; and
m. The costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities
and facilities such as sewer, gas, electrical
and water systems, and streets and bridges .
Page 18
ORD. 09A/TXTADAMS Initials
,
(3) When the board of county commissioners shall
consider the propriety of granting a variance as
permitted by this division, the following factors
shall not be considered relevant :
a. The physical disabilities or handicaps and
health of the applicant or members of his
family;
b. The domestic difficulties of the applicant or
members of his family;
c . The financial difficulty of the applicant in
complying with the floodplain management
provisions of this chapter; or
d. The elevation of surrounding structures .
(4) Any applicant to whom a variance is granted shall
be given written notice by the board of county
commissioners specifying the difference between
the base flood elevation and the elevation to
which the structure is to be built and stating
that the cost of flood insurance will be
commensurate with the increased risk resulting
from the reduced lowest floor elevation.
(5) All variances issued shall require that an
affidavit be prepared, and recorded with the Clerk
of the Circuit Court, which shows that the
proposed construction will be located in a
flood-prone area, the number of feet that the
lowest floor of the proposed structure will be
below the base flood level, and that actuarial
flood insurance rates increase as the floor
elevation decreases .
(6) The building official shall maintain records of
all variance actions and annually report any
variances to the Federal Emergency Management
Agency.
Section 2 . If the state land planning agency shall disapprove
any land development regulations change, such disapproval
shall in no way affect the validity of any other land develop-
ment regulation change.
Section 3 . All ordinances or parts of ordinances in conflict
herewith are, to the extent of such conflict, hereby repealed.
Page 19
ORD. 09A/TXTADAMS Initials
Section 4 . If any section, subsection, sentence, clause, item,
change, or provision of this ordinance is held invalid, the
remainder of this ordinance shall not be affected by such
invalidity.
Section 5 . This ordinance shall take effect immediately upon
receipt of official notice from the Office of the Secretary
of State of the State of Florida that this ordinance has been
filed with said office, except, however, no amendment to the
Monroe County Land Development Regulations shall be deemed
effective until approved by the state land planning agency.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 18th day of
January, A.D. 1994 .
Mayor London YES
Mayor Pro Tem Cheal YES
Commissioner Freeman YES
Commissioner Harvey YES
Commissioner Reich YES
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
' N
(SEATI BY: 4(
Attest DANNY gO ` Pam jer
Mayor/Chairman
•
• •110 di r,► FORS
lCIENCY
CLERK AlIALLMIF
i
Page 20
ORD. 09A/TXTADAMS Initials
. r
MEMORANDUM
To Danny Kolhage, Clerk
From: Garth C. Coller, Land Use Attorney
Date: February 23 , 1994
Re Ordinance No. 002-1994 (Floodplain Ord n nce)
MCC Chapter 9.5, Sec. 315, 316 , 317
I have reviewed the attached memorandum, dated February 14, 1994,
from Mr. Bob Channell to Mr. Ty Symroski, regarding corrections
to the above referenced ordinance. I have determined that each of
the listed corrections is consistent with the Findings of Fact,
Section 14, of referenced ordinance and may therefore be consid-
ered as having been authorized by the Board of County Commission-
ers upon adoption of said ordinance on January 18, 1994.
GC/aa
attachment
cc: Robert L. Herman, Director of Growth Management
Lorenzo Aghemo, Director of Planning
Ty Symroski, Development Review Coordinator
BLH. 966/TXTADAMS
6 c.: £d 5Z 833 V6.
{
1 �
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MEMORANDUM
TO: Ty Symroski, Development Review Coordinator
FROM: Bob Channell, Planning Technician
DATE: February 14, 1994
RE: Corrections to FEMA Ordinance, Chapter 9.5-315, 316 and
317
The following describes the corrections for the FEMA ordinance,
Chapter 9.5-315, 316 and 317.
Page One
- Allign the last two paragraphs with the others.
Page Two
- In paragraph three, change "texts" to read "text" .
- After paragraph five, insert a new number six which reads:
6. Florida Statutes section 125.66(6) requires that the
Board of County Commisioners hold two public hearings
after five pm on any ordinance affecting "the use of
land"; and that
- After the above number six, insert a new number seven which
reads:
7. The Board of County Commissioners has met the
requirements of Florida Statute 125.66(6) ; and that
- Renumber previous paragraphs six through ten to eight
through twelve.
- Delete from paragraph six,"and professional land use
consultants representing Monroe County. "
- After the word "staff" in paragraph eight, insert the words
"by finding" .
- In paragraph eight, replace "were in concurrence", with the
word "conformed" .
- Delete underline in paragraph ten.
Page Three
- In paragraph eleven, delete "above decision of the" .
- After "commissioners" in paragraph twelve, add "therefore
supports the proposed ordinance language with amendments
noted at the hearings" .
- After "consistency" in paragraph twelve, insert "and
codification in the Monroe County Code" .
- Delete underline in paragraph thirteen.
- Omit all that follows the word "Amended" in paragraph
thirteen.
CORRES. 11D/TXTLDR 02/15/94
•
d
Page Four
- In (B) , change "benefit" to "benefits" .
Page Five
- Underline "Flood Insurance Study . . . 1989" in (B) .
- After "Bulletins", insert "as adopted by resolution from
time to time by the Board of County Commissioners. "
- In (3) , replace "that" with "who" .
Page Ten
- Omit italics.
Page Fourteen
- In e. , change 9.5-317(B)3(b) to 9.5-317(B) (4)b.
- In e. , change 9.5-317(B)3(c) to 9.5-317(B) (4)c.
- In e. , change 9.5-317(B)3(d) to 9.5-317(B) (4)d.
- In (5)a. , change 9.5-317(B)4(f) (g)and(h) to
9.5-317(B) (5)f. ,g. and h.
CORRES. 11D/TXTLDR 02/15/94
•
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305)852-7145
TEL. (305) 292-3550
February 28, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, FL 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 002-1994, amending the
language of Monroe County Code Chapter 9.5-315,9.5-316,and 9.5-317,The Floodplain
Management Ordinance; Providing for the repeal of all Ordinances inconsistent
herewith; Providing for Transmittal to the Secretary of State of the State of Florida, and
Providing an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Workshop/Public Hearing in formal session on January 18, 1994.
Please file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C.DeSantis
Othia,„„±:40
Deputy Clerk
cc: Growth Management Director County Administrator
Planning Director County Attorney
County Commission File
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FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399.0250
(904) 488.8427
March 7, 1994
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. De Santis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of February 28, 1994
certified copies of Monroe County Ordinance Numbers 94-
and 94-3, and
which were received and filed in this office on ��A
and
, 19hi
ch
r? Sinc rely,
:.. ... Liz Cloud, Chief
Bureau of Administrative Code
_L C/mb
~:i ; . Planning Department
ORDINANCE NO. 002~i99iim i:S iJ 3 :3~
AN ORDINANCE AMENDING THE LANGUAGE OF MONROE
COUNTY CODE CHAPTER 9.5;j~~j 9.5,316, AND
9.5-317, THE FLOODPLAIN MANAGEMENT ORDINANCE;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE OF THE
STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, due to the designation contained in Chapter 28-20,
Florida Administrative Code, the recommended changes are "land
development regulations" as defined in Florida Statutes Chapter
163.3164(22); and
WHEREAS, Section 9.5-511, Monroe County Code of Ordinances
(MCC) provides for the amendment of "land development regula-
tions" (LDRs); and
WHEREAS, pursuant to Chapter 163, Florida Statutes, the
Planning Commission is designated as the "local planning agency"
by the Board of County Commissioners sitting as the "local govern-
ing body"; and
WHEREAS, pursuant to the above sections, the Board of County
Commissioners has directed the county planning staff and its
consultants to study the sign ordinance and make recommendations
through the Planning Commission for changes as appropriate; and
WHEREAS, the county staff has gathered the relevant data and
has analyzed recommended changes; and
WHEREAS, the staff's recommended changes were provided to
the Development Review Committee for review and comment; and
WHEREAS, the Planning Commission, sitting as the "local plan-
ning agency", after due notice and public participation in the
hearing process, has reviewed the following Monroe County Code
sections dealing with signs; and
WHEREAS, the Board of County Commissioners agrees with and
hereby ratifies the Planning Commission'S decisions and makes the
following Findings of Fact:
Page 1
ORD.09A/TXTADAMS
Initials
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1. S~ction 9.5-511 (c) of the LDRs provides that amendments to
the LDRs text may be made at any time; and that
2. Section 9.5-511 (d) of the LDRs provide for the review of
proposed amendments by the Planning Department, the Develop-
ment Review Committee, and the Planning Commission, who make
recommendations to the Board of County Commissioners; and that
3. Section 9.5-511(d) (3) of the LDRs provide that the Planning
Commission and the Board of County Commissioners each hold at
least one (1) public hearing on the proposed amendments to
the text; and that
4. Section 9.5 -511 (d) (4) of the LDRs provide that the Planning
Commission review the proposed amendments, as well as the
reports and recommendations of the Planning Department and
the Development Review Committee, together with any public
testimony, and submit its recommendations and findings to the
Board of County Commissioners; and that
5. Section 9.5-511 (d) of the LDRs provides that the Board of
County Commissioners shall consider the report and recommenda-
tion of the Department of Planning, the Development Review
Committee, and the Planning Commission, and the testimony
given at the public hearings; and that
6. Florida Statutes Section 125.66(6) requires that the Board of
County Commissioners hold two public hearings after 5:00 p.m.
on any ordinance "affecting the use of land"; and
7. The Board of County Commissioners has met the requirements of
F.S. Sec. 125.66(6); and
8. The proposed revisions of the LDRs were conducted by profes-
sional Planning Department staff; and that
9. The revisions of the LDRs with regards to the sign ordinance
have been deemed by staff to concur with the policies promul-
gated in the Monroe County Comprehensive Plan; and that
10. The Planning Commission concurred with staff by finding that
the proposed amendments, as further amended, conformed with
the policies of the comprehensive plan and found that the
proposed amendments will help implement said Comprehensive
Plan; and that
11. The Planning Commission also found that the proposed amend-
ments are consistent with the Principles for Guiding Develop-
ment identified in Chapter 380, F.S.; and that
Page 2
ORD.09A/TXTADAMS
Initials
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12. The Planning Commission did not recommend approval to the
Board of County Commissioners of the proposed text amendments
as originally written by staff, but does support the proposed
text amendments if they are further amended by the revisions
and additions contained in Resolution P47-93, and which are
incorporated herein; and that
13. The Board of County Commissioners hereby concurs with the
Planning Commission and finds that the proposed text amend-
ments are needed based upon a recognition of new issues; a
need for additional detail, and comprehensiveness; and data
updates; and that
14. The Board of County Commissioners therefore supports the
proposed ordinance language with amendments noted at the
hearings, and hereby directs the staff of the Planning Depart-
ment to reformat the proposed amendments as appropriate, to
correct typographical errors, and to make global changes to
the proposed document as required for consistency and codifi-
cation in the Monroe County Code; and that
15. The Board of County Commissioners hereby supports the deci-
sion of the Planning Commission and hereby approves the pro-
posed text amendments, as herein amended.
WHEREAS, Chapter 380.0552(9}, Florida Statutes, requires that
the Department of Community Affairs, acting as the "state land
planning agency", approve all proposed land development regula-
tions before such changes may become effective; and
WHEREAS, it is desired by the Board that the following chang-
es to the land development regulations be approved, adopted and
transmitted to the state land planning agency for approval; now
therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT THE FOLLOWING CHANGES BE MADE TO CHAPTER
9.5 OF THE MONROE COUNTY CODE:
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Section 1. Chapter 9.5; Article VII, Division 6, Sections
9.5-315, 9.5-316, and 9.5-317; and Article IV, Divisicn 2,
Section 9.5-127, shall be amended to read as follows:
ARTICLE VII. LAND USE DISTRICTS
DIVISION 6. FLOODPLAIN MANAGEMENT STANDARDS
Sec. 9.5-315. Purpose and Intent.
(A) It is the purpose of the floodplain management
provisions to promote the public health, safety and general
welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed
to:
(1) Restrict or prohibit uses which are dangerous to
health, safety and property due to water or
erosion hazards, or which resul t in increases in
erosion or in flood heights or velocities.
(2) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial
constructio~l.
(3) Control the alteration of natural floodplains,
stream channels, and natural protective barriers
which are involved in the accommodation of
floodwaters.
(4) Control filling, grading, dredging and other
development which may increase erosion or flood
damage.
(5) Prevent or regulate the construction of flood
barriers which will unnaturally divert floodwaters
or which may increase flood hazards to other lands.
(6) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken
at the expense of the general public.
(7) To minimize prolonged business interruptions.
(8) To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, and streets and bridges
located in floodplains.
(9) To help maintain a stable tax base by providing
for the sound use and development of flood-prone
areas in such manner as to minimize future flood
blight areas.
(10)To ensure that potential home buyers are notified
that the property is in a floodplain area.
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.(B) The board of county commissioners deem it to be in the
best interest of its citizens that prudent measur0S be
taken to minimize the potential public and private loss due
to flooding. It is the intent of the board of county
commissioners that the county at all times be eligible for,
and receive, the benefits of participation in the National
Flood Insurance Program. It is therefore the intent of the
board that the provisions of this division be strictly
adhered to.
Sec. 9.5-316. General Provisions.
(A) Applicability: No structure or manufactured
home hereafter shall be located, extended, converted, or
structurally altered without full compliance with the terms
of this division, in addition to other applicable
regulations of this chapter.
(B) Adoption of Maps: The areas of special
flood hazard identified by the Federal Emergency Management
Agency, (FEMAl in its ~~o:,d Insura~ce tt~d~ ~ N:'Vj ~~;~~~
~~:as~ f~r Monroe _ u_tv. Flor~da _n~n_o__ra e_ ______
dated October 17. 1989, or the most current official maps
approved by FEMA, with accompanying maps and other
supporting data, and any revisions thereof, are adopted by
reference and declared to be a part of this division and
shall be kept on file, available to the public, in the
offices of the county planning department.
(C) Rules for Interpreting Flood Hazard Issues:
(1) The boundaries of the flood hazard areas shown on
the official Flood Insurance Rate Maps may be
determined by scaling distances. Required
interpretations of those maps for precise
locations of such boundaries shall be made by the
FEMA Coordinator, in consultation with the
Building Official. In interpreting other
provisions of this division, the Building
Official shall be guided by the current edition
of FEMA's 44 CFR and FEMA's Interpretive Letters,
Policy Statements and Technical Bulletins as
adopted by resolution from time to time by the
Board of County Commissioners. Additionally, the
Building Official shall also obtain, review and
reasonably utilize any base flood elevation and
floodway data available from a federal, state or
other source, as a criteria for requiring that new
construction, substantial improvements, or other
developments meet the criteria required in the
appropriate flood zone.
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(2) In this division, where the phrase "substantial
improvement" appears, it shall have the meaning
"any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50
percent of the market value of the structure
either, (a) before the improvement or repair is
started, or (b) if the structure has been damaged,
and is being restored, before the damage occurred".
(3) For the purpose of this division "market value"
shall be determined by appraisals prepared by
individuals who must possess certification and
current membership in one or more of the following
associations: MAl, (Member Appraisal Institute)
AIREA(American Institute of Real Estate
Appraisers) and/or RM (Residential Member) .
Copies of all appraisals shall be forwarded to the
office of the County Property Appraiser.
(4) For the purposes of this division "substantial
improvement" is considered to Occur when the first
alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether
or not that alteration affects the external
dimensions of the structure. The term does not,
however, include either (1) any project for
improvement of a structure to comply with existing
safety code specifications which are solely neces-
sary to assure safe living conditions or (2) any
alteration of a structure listed on the National
Register of Historic Places, the state inventory
of historic places, or any inventory of local
historic places. "Cumulative substantial
improvement" means that improvement which is not
substantial by itself but, when added to all prior
nonsubstantial improvements to the original
structure, would cause all the improvements to be
substantial if permitted at one time. Substantial
improvements and cumulative nonsubstantial
improvements only apply to structures whose
initial construction began prior to January 1,
1975 or structures rendered noncompliant by a
revised Flood Insurance Rate Map. All
applications deemed substantial or non substantial
must be approved by the FEMA Coordinator, Director
of Growth Management, or the Building
Official/Director.
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(D) Warning and Disclaimer of Liability: The
degree of flood protection required in this division is
reasonable for regulatory purposes and is based on
scientific and engineering consideratio..s. Larger floods
can and will occur on rare occasions. Flood heights may be
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increased by man-made or natural causes. This division
does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free
from flooding or flood damages. This division shall not
create liability on the part of Monroe County or any
officer or employee thereof for any flood damages that
result from reliance on this division or any administrative
decision lawfully made thereunder.
(E) "Manufactured Home" Defined: For the
purposes of this division only, manufactured home means a
structure, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with
or without a permanent foundation when connected to the
required utilities. The term also includes park trailers,
travel trailers, and similar transportable structures
placed on a site for 180 consecutive days or longer and
intended to be improved property.
Sec. 9.5-317. Standards for Issuance of Building Permits
in Areas of Special Flood Hazards.
(A) Generally: In all areas of special flood
hazard, the following standards apply:
(1) All new construction and cumulative substantial
improvements shall be adequately anchored by
pilings or columns to prevent flotation, collapse,
or lateral movement of the structure. No fill
shall be used for structural support.
(2) All new construction and cumulative substantial
improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(3) All new construction and cumulative substantial
improvements shall be constructed by methods and
practices that minimize flood damage.
(4) All new or replacement water supply systems shall
be designed and constructed by methods and
practices that minimize flood damage.
(5) All new or replacement sanitary sewage systems
shall be designed and constructed to minimize or
eliminate the infiltration of floodwaters into the
system and discharge from the system into
floodwaters. Joints between sewer drain
components shall be sealed with caulking, plastic
or rubber gaskets and all manhole covers shall be
sealed in a similar manner.
(6) On-site waste disposal systems shall be located
and constructed to minimize or eliminate any
damage to them and contamination from them during
flooding.
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(7) Any alteration, repair, reconstruction or
improvement to a structure which already is in
compliance with the provisions of this division
shall meet the requirements of new construction as
contained in this division.
(a) No man-made alteration of sand dunes, dune ridge,
mangrove stands or wetlands shall be allowed which
would increase potential flood damage.
(9) All new construction shall be located landward of
the reach of mean high tides.
(10}AII agreements such as deed purchase agreements,
leases, or other contracts for sale or exchange of
lots within areas of special flood hazard must
carry the following flood hazard warning
prominently displayed on the document:
FLOOD HAZARD WARNING
This property may be subject to flooding.
You should contact the Monroe County Growth
Management division and obtain the latest
information regarding flood elevations and
restrictions on development before making
use of this property.
(B) Addi tional Standards: In all areas of
special flood hazard where base flood elevation data has
been provided the following provisions are required:
(1) Residential Construction:
a. New construction or cumulative substantial
improvement of any residential structure
shall have the lowest floor elevated at or
above the base flood elevation level.
b. Electrical and mechanical equipment servicing
an elevated structure must be elevated at or
above the required base flood elevation.
Elevators may be placed below the required
base flood elevation, although the mechanical
and electrical equipment serving the elevator
must be elevated at or above the required
base flood elevation.
c. Sewer and storm drainage systems which extend
below the base flood elevation shall be
provided with automatic back flow prevention
valves or devices installed at the point
where the line passes an exterior wall or
slab.
d. Except as noted in subsection 9.5-317 (B) (6)
of this division, the space below the lowest
floor of an elevated structure shall be used
exclusively for parking of vehicles,
elevators, limited storage or building access
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purposes. For the purpose of this division
limited storage means storage of lawn mowers,
rakes, wheel barrows and similar equipment.
Limited storage does not apply to household
items such as furniture. Such spaces may be
enclosed under the following conditions:
(i) Walls of any enclosed area must be
designed and constructed in a manner to
prevent flotation, collapse and lateral
movement of the structure.
(ii) The walls of any enclosed area, which do
not meet the breakaway standards, shall
be provided with openings such as vents,
louvers, or automatic valves which
permit the level of floodwaters within
the enclosed area to match the rising
and falling of floodwaters on the
outside of the structure. A minimum of
(2) two openings located on separate
walls shall be provided having a minimum
total net area of one square inch (1 sq.
in.) for each square foot (sq. ft.) of
enclosed area, where the enclosed area
is calculated by outside dimensions.
Openings shall be situated such that the
bottom of each opening is no higher
than one foot (1 ft.) above finished
grade.
(iii)Enclosed areas below the base flood
elevation shall be provided with air
vents extending above the base flood
elevation to prevent the entrapment of
air within the enclosure by floodwacers.
(iv) Interior walls, ceilings and floors
located below the base flood elevation
must be unfinished except for protective
paint, except that materials required by
applicable fire codes shall be
permitted. Entryways under three hundred
square feet (300 sq. ft.) may be
finished with approved class 5 exterior
materials as referenced in ACOE
Regulations EP 1165-2-314.
(v) The interior portion of an enclosed area
below an elevated building may not be
partitioned off into separate rooms
except that garages may be separated
from storage and entryway. In the
event an existing storage enclosure is
enlarged, the walls between the existing
enclosure and the additional enclosure
must be deleted.
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(vi) Necessary electrical switches for
required lighting circuits may be
located below the base flood elevation
provided they are of the outdoor water
resistant variety on a separate
ground-fault protection circuit breaker
and do not exceed the minimum number
required by law. Except for elevator
equipment, electrical receptacles shall
not be located below the base flood
elevation.
(vii)Walls constructed entirely of wood
lattice work or screen mesh shall be
considered as satisfying the
requirements of subsections (i) and (ii)
above.
(viii)The area enclosed below the base flood
elevation shall not be used for human
habitation.
(2) Nonresidential Construction.
a. New construction or cumulative substantial
improvements of any commercial, industrial or
other nonresidential structures within Zones
Al-30, AE and AH on the community's flood
insurance rating map (FIRM) shall have the
lowest floor (including basement) elevated to
or above the base flood level, or together
with attendant utility and sanitary
facilities, be designed so that below the
base flood level the structure is watertight
with walls substantially impermeable to the
passage of water and with structural
components having the capability of resisting
hydrostatic and hydrodynamic loads and
effects of buoyancy; Where a nonresidential
structure is intended to be made watertight
below the base flood level, a registered
professional engineer or architect shall
develop and/or review structural design
specifications, and plans for the
construction and shall certify that the
design and methods of construction are in
accordance with accepted standards of
practice for meeting the applicable
provisions contained herein. A record of
such floodproofing certification which shall
include the specific elevation (in relation
to mean sea level) to which such structures
are floodproofed shall be provided to the
Building Department. Wet Floodproofing is
not acceptable. New construction or
cumulative substantial improvements of any
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commercial, industrial or other
nonresidential structures within Zones VI-3D,
VE or V shall have the lowest floor including
the basement elevated to or above the base
flood elevation and the space below the
lowest supporting member shall be open so as
not to impede the flow of floodwater.
b. Free Standing Accessory structures or
enclosed areas below an elevated structure at
grade elevation for nonresidential commercial
or industrial uses shall be permitted for
storage or parking purposes provided that
they are anchored to prevent flotation,
collapse or lateral movement of the
structure, do not exceed three hundred
square feet (300 sq. ft.) of enclosed area
and which does not exceed five thousand
dollars ($5,000.00) in value and are in
accordance with the requirements of
subsection 9.s-317(B) (s)h. or subsection
9.s-317(B) (l)d. (i) through (viii). Plans for
such structure shall be submitted to the
building official for approval prior to
construction.
(3) Accessory Structures:
a. Residential Accessory Structures:
Any prefabricated light metal
structure which meets the following criteria,
may be permitted in A or V-zones if:
(i) The enclosed area is one hundred and
fifty square feet (150 sq. ft.) or less;
and
(ii) The fair market value is five hundred
dollars ($500) or less; and
(iii)The use is limited to storage accessory
to a residence; and
(iv) The structure is properly anchored.
Accessory light metal structures which exceed
the one hundred and fifty square feet (150
sq. ft.) of enclosed space threshold or
concrete or wood accessory structures built
on site regardless of size or value may be
permitted if they meet all of the criteria
outlined in section 9.5-317 (B) (3) a. (iii) and
(iv) of this division and are constructed to
meet the venting criteria set forth in
section 9.s-317(B) (l)d. (ii) or the breakaway
wall criteria set forth in section
9.s-317(B) (s)h.
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b.
Nonresidential Accessory
All nonresidential accessory
enclosed areas, which meet
criteria may be permitted if:
(i) The enclosed area is three hundred
square feet (300 sq. ft.) or less; and
(ii) They meet the breakaway wall standards
outlined in section 9.S-317(B) (S)h.j or
(iii)They meet the venting requirements
outlined in section 9.S-317(B) (l)d. (ii) j
and
(iv) the structures are properly anchored.
Structures:
structures, or
the fOllowing
Accessory structures in an A- zone which
exceed the three hundred square feet (300 sq.
ft.) of enclosed space threshold may be
permitted if they meet the floodproofing
criteria outlined in section 9.S-317(B) (2)a.
of this division.
Accessory structures in a V-zone which exceed
the three hundred square feet (300 sq. ft.)
of enclosed space threshold, are strictly
prohibited.
(4) Manufactured Homes:
a.
Effective June I, 1977, no manufactured home,
not already in place, shall be placed within
areas of special flood hazard except in
existing manufactured home parks or
subdivisions, as hereafter defined. In the
event that the Federal Emergency Management
Agency eliminates the existing manufactured
home park or subdi vision requirement of 44
CFR 60.3(c) (12), then no manufactured home
may be placed below the base flood elevation.
A manufactured home that is to be placed on a
qualified lot may be placed at an elevation
below base flood elevation provided that:
(i) The lot on which the manufactured home
is to be placed is located in an
existing manufactured home park or
subdivision and is contiguous to, and
surrounded, by manufactured homes not at
base flood elevation. For the purposes
of this section, an existing
manufactured home park or subdivision is
one in which, at the time of
application, there are no site built
residences or a park or subdivision
which is limited to manufactured homes
b.
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c.
only by the Monroe County Land
Development Regulations. In the event
the Federal Emergency Management Agency
eliminates the existing manufactured
home park or subdivision exemption, then
the existing manufactured home park or
subdivision exemption of this subsection
shall no longer be of any force or
effect.
(ii) The manufactured homes that are placed
or substantially improved (for other
than substantial damage due to a flood)
on sites in existing manufactured home
parks or subdivisions in flood hazard
areas shall be elevated so that the
manufactured home chassis is supported
by reinforced piers or other foundation
elements that are no less than 36 inches
in height above the grade at the site.
A lower foundation system could be used
if the lower floor of the manufactured
home would be at or above the base flood
elevation using such foundation.
An existing manufactured home may be replaced
without regard to the elevation requirements
of these regulations and without need of a
variance, provided the manufactured home so
replaced was at an elevation below the base
flood elevation and is located in an existing
manufactured home park or subdivision.
All manufactured homes shall be anchored to
resist flotation, collap~e or lateral
movement by providing over-the-top and frame
ties to ground anchors. Specific
requirements shall be that:
(i) over-the-top ties shall be provided at
each end of the manufactured home with
one additional tie per side at an
intermediate location for manufactured
homes less than fifty feet (50') long
and two additional ties per side at
intermediate locations for manufactured
homes of fifty feet (50') or greater
length.
(ii) Frame ties shall be provided at each
corner of the manufactured home with
four (4) additional ties per side at
intermediate locations for manufactured
homes less than fifty feet (50') long
and five (5) additional ties per side at
intermediate locations for manufactured
homes of fifty feet (50') or greater
length.
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(iii)AII components of the anchoring system
must be capable of carrying a force of
2000 pounds for manufactured homes
existing on the effective date of these
regulations or 4800 pounds for new
manufactured homes.
(iv) Any additions to the manufactured home
shall be similarly anchored.
(v) All anchoring must be in compliance with
section 6-16.1(7) appendix H, "Mobile
Home Tie Downs". All other foundations
requiring elevation of the structure in
order to meet the floodplain standards
must comply with section 6-16.1(7) of
the Monroe County Code, "Footing and
Founda t ions" .
e. An existing manufactured home which is
damaged or otherwise in need of repair,
reconstruction, improvement, or replacement -
the value of which meets or exceeds 50% of
the value of the manufactured home without
the repair, reconstruction, improvement or
replacement shall not be repaired,
reconstructed, improved or replaced except by
a manufactured home which meets the most
recent standards promulgated by the
Department of Housing and Urban Development
in 24 C.F.R. 3280.308(C) (2) and, in addition,
meets the standards set forth in subsections
9 . 5 - 31 7 (B) (4) b. , 9 . 5 - 31 7 (B) (4) c . , and
9.5-317(B) (4)d., of this division, as
applicable. For the purposes of determining
the value of any replacement manufactured
homes under this section, the purchase price,
as expressed in an invoice from an
arms-length transaction, in a form acceptable
to the building official, or the value
reflected in the current records of the
Monroe County property appraiser, or using
fair market value, as determined in section
9.5-316(C) of this division.
(5) High Hazard Areas (V Zones) : Within the
areas of special flood hazard are areas designated
as coastal high hazard areas, which have special
flood hazards associated with wave wash. The
following provisions shall apply in these areas:
a. All buildings or structures shall be elevated
so that the lowest horizontal supporting
me~~er (excluding pilings or columns) is
located at or above the base flood elevation
level, with the space below the lowest
supporting member open or constructed with
breakaway walls so as not to impede the flow
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g.
h.
b.
of flood waters. Breakaway walls may be
permitted for aesthetic purposes only and
must be designed to wash away in the event of
abnormal wave act ion and in accordance wi th
the provisions of subsection 9.5-317(B) (5)f.,
g., & h. of the division.
All buildings or structures shall be securely
anchored on pilings, columns, or shear walls.
The pile or column foundation and structure
attached thereto is anchored to resist
flotation, collapse, and lateral movement due
to the effects of wind and water loads acting
simultaneously on all building components.
Water loading values used shall be those
associated with the base flood. Wind loading
values shall be those required by American
Society of Civil Engineers (ASCE) Standard
number 7. Where shear wall construction is
used, the following conditions shall also
apply:
(i) Shear walls shall be placed parallel to
the predominant flow direction of
floodwaters and spaced to provide
adequate floodwater conveyance beneath
the elevated floor.
(ii) Shear walls shall be constructed using
reinforced concrete.
(iii)Except for the placement of the parallel
load-bearing walls, the space between
the shear walls below the elevated floor
shall remain free of obstruction or
contain only breakaway wall construction.
A registered professional engineer or
architect shall develop or review the
structural design, specifications and plans
for the construction, and shall certify that
the design and methods of construction to be
used are in accordance with the accepted
standards of practice for meeting the
provisions of paragraphs (a), (b) and (c) of
this subsection.
There shall be no fill used as structural
support.
If any space below the base flood elevation
level is to be enclosed, such enclosed areas
shall not be used for human habitation.
Prior to construction, plans for any
structure that will have enclosed space below
the base flood elevation level shall be
submitted to the Building Official, or his
designee, for approval.
Walls and partitions other than parallel
shear walls shall be allowed below the base
c.
d.
e.
f.
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flood elevation provided they are not part of
the structural support of the building and
are designed to break away under the impact
of abnormally high tides or wind-driven water
without damage to the structural integrity of
the building on which they are to be used,
and provided the following design specifica-
tions are met:
(i) A design load limit of not less than 10
and no more than 20 pounds per square
foot shall be used as the safe load
range for breakaway walls.
i. Compliance with this provision contained in
subsection 9.5-317 (B) (5) h. (i) above shall be
certified by a registered professional
engineer or architect.
j. Any alteration, repair, reconstruction or
improvement to a structure shall not enclose
the space below the base flood elevation
level except as provided for in paragraphs f.
and h. of this subsection.
k. No man -made alteration of mangroves or beach
berm systems shall be permitted which will
increase the potential for flood damage.
(6) No basement shall be constructed in the County
until such time as a variance is granted to the
County under the terms of 44 C.F.R. 60.6(b).
(7) No enclosure below the base flood elevation shall
be constructed or equipped for such uses as a
kitchen, dining room, family room, recreation
room, bedroom, bathroom, or workshop. This
prohibi tion does not apply to: new improvements
which are neither substantial nor cumulatively
nonsubstantial to structures rendered noncompliant
by amendments to the Flood Insurance Rate Map and
structures whose initial construction began prior
to January I, 1975; legally placed manufactured
homes; those structures which are listed on the
National Register of Historic Places; or the
Florida Inventory of Historic Places; or any
inventory of local historic places.
(8) In no event shall a below base flood elevation
variance be necessary for improvements to an
existing structure whose initial construction
began prior to December 31, 1974 or to a legally
placed manufactured home when the improvements are
neither substantial nor cumulative.
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ARTICLE IV. BUILDING PERMITS
DIVISION 2. SPECIAL PROCEDURES FOR FLOODPLAIN MANAGEMENT
Sec. 9.5-127. Variances.
(A) Generally: Where, owing to special conditions,
a literal enforcement of the floodplain management
provisions of the plan would result in exceptional hardship
unique to that property or proposed project, the board of
county commissioners may grant variances from the terms of
those provisions as will not be contrary to the public
interest, will be in harmony with the general purpose and
intent of this chapter, and will be the minimum variance
that will allow reasonable use of the property.
(B) Procedures:
(1) An application for a variance from the provisions
of this chapter for development in an area of
special flood hazard shall be filed with the
building official in a form provided by the
director of planning at the time of application
for a building permit.
(2) Within ten (10) days of receipt of a complete
application for a variance from the terms of the
floodplain management provisions of this chapter,
the building official shall forward the
application to the director of planning, review
the application, and submit a report and
recommendation to the board of county
commissioners.
(3) The director of planning, or his designee, also
shall review the application for a variance and
submit a report and recommendation to the board of
county commissioners within five (5) days after
receipt from the building official.
(4) The board of county commissioners shall review the
application and the reports and recommendations of
the building official and director of planning and
consider granting the variance in accordance with
the conditions set forth in this section.
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(1) Variances shall be issued only upon a
determination that the variance is the minimum
necessary, considering the flood hazard, to afford
relief, and only upon all of the following
conditions:
(C) Conditions:
Page 17
ORD.09A/TXTADAMS
Initials
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a. A showing of good and sufficient cause;
b. A determination that failure to grant the
variance would result in exceptional hardship
to the applicant;
c. A determination that the granting of a
variance will not result in increased flood
heights; result in additional threats to
public safety; result in extraordinary public
expense; create nuisance; cause fraud on or
victimization of the public; or conflict with
other provisions of this chapter or the
County Code; and
d. Specific written findings linked to the
criteria below.
(2) The following factors shall be relevant in the
granting of a variance:
a.
b.
Physical characteristics of construction;
Whether it is possible to use the property by
a conforming method of construction;
The possibility that materials may be swept
onto other lands to the injury of others;
The danger to life and property due to
flooding or erosion damage;
The susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual owner;
The importance to the community of the
services provided by the proposed facility;
The necessity to the facility of a
water-dependent location, where applicable;
The availability of alternative locations
less subject to flooding;
The compatibility of the proposed use with
existing and anticipated development;
The relationship of the proposed use to the
comprehensive plan, land development
regulations and the floodplain management
program for that area;
The safety of access to the property for
ordinary and emergency vehicles in times of
flood;
The expected heights, velocity, duration,
rate of rise, and sediment transport of the
floodwaters and the effects of wave action,
if applicable, expected at the site; and
The costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities
and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
c.
d.
e.
f.
g.
h.
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m.
Page 18
ORD.09A/TXTADAMS
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(3) When the board of county commissioners shall
consider the propriety of granting a variance as
permitted by this division, the following factors
shall not be considered relevant:
a. The physical disabilities or handicaps and
health of the applicant or members of his
family;
b. The domestic difficulties of the applicant or
members of his family;
c. The financial difficulty of the applicant in
complying with the floodplain management
provisions of this chapter; or
d. The elevation of surrounding structures.
(4) Any applicant to whom a variance is granted shall
be given written notice by the board of county
commissioners specifying the difference between
the base flood elevation and the elevation to
which the structure is to be built and stating
that the cost of flood insurance will be
commensurate with the increased risk resulting
from the reduced lowest floor elevation.
(5) All variances issued shall require that an
affidavit be prepared, and recorded with the Clerk
of the Circuit Court, which shows that the
proposed construction will be located in a
flood-prone area, the number of feet that the
lowest floor of the proposed structure will be
below the base flood level, and that actuarial
flood insurance rates increase as the floor
elevation decreases.
(6) The building official shall maintain records of
all variance actions and annually report any
variances to the Federal Emergency Management
Agency.
Section 2. If the state land planning agency shall disapprove
any land development regulations change, such disapproval
shall in no way affect the validity of any other land develop-
ment regulation change.
Section 3.
All ordinances or parts of ordinances in conflict
herewith are, to the extent of such conflict, hereby repealed.
Page 19
ORD.09A/TXTADAMS
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Section 4.
If any section, subsection, sentence, clause, item,
change, or provision of this ordinance is held invalid, the
remainder of this ordinance shall not be affected by such
invalidity.
Section 5.
This ordinance shall take effect immediately upon
receipt of official notice from the Office of the Secretary
of State of the State of Florida that this ordinance has been
filed with said office, except, however, no amendment to the
Monroe County Land Development Regulations shall be deemed
effective until approved by the state land planning agency.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 18th day of
January, A.D. 1994.
Mayor London YES
Mayor Pro Tern Cheal YES
Commissioner Freeman YES
Commissioner Harvey YES
Commissioner Reich YES
.,
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
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Attest: DANtfY J.. XOLIIAGB, Clerk
Mayor/Chairman
[bo..L.J a. !JvxJ~
CLERK I
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Page 20
ORD.09A/TXTADAMS
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MEMORANDUM
To
Danny Kolhage, Clerk
Garth C. Coller, Land Use Attorney
From:
Date:
February 23, 1994
Ordinance No. 002-1994 (Floodplain Ord~n
MCC Chapter 9.5, Sec. 315, 316, 317 "
Re
I have reviewed the attached memorandum, dated February 14, 1994,
from Mr. Bob Channell to Mr. Ty Symroski, regarding corrections
to the above referenced ordinance. I have determined that each of
the listed corrections is consistent with the Findings of Fact,
Section 14, of referenced ordinance and may therefore be consid-
ered as having been authorized by the Board of County Commission-
ers upon adoption of said ordinance on January 18, 1994.
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attachment
cc: Robert L. Herman, Director of Growth Management
Lorenzo Aghemo, Director of Planning
Ty Symroski, Development Review Coordinator
BLH.966/TXTADAMS
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MEMORANDUM
TO: Ty Symroski, Development Review Coordinator
FROM: Bob Channell, Planning Technician
DATE: February 14, 1994
RE: Corrections to FEMA Ordinance, Chapter 9.5-315, 316 and
317
-----------------------------------------------------------------
The following describes the corrections for the FEMA ordinance,
Chapter 9.5-315, 316 and 317.
Page One
- Allign the last two paragraphs with the others.
Page Two
- In paragraph three, change "texts" to read "text".
After paragraph five, insert a new number six which reads:
6. Florida Statutes section 125.66(6) requires that the
Board of County Comm1sioners hold two public hearings
after five pm on any ordinance affecting "the use of
land"; and that
After the above number six, insert a new number seven which
reads:
7. The Board of County CoJlllllissioners has aaet the
requirements of Florida Statute 125.66(6); and that
Renumber previous paragraphs six through ten to eight
through twelve.
Delete fro. paragraph six,"and professional land use
consultants representing Monroe County."
After the word "staff" in paragraph eight, insert the words
"by finding".
In paragraph eight, replace "were in concurrence", with the
word "conforaed".
Delete underline in paragraph ten.
Page Three
- In paragraph eleven, delete "above decision of the".
After "coma1ssioners" in paragraph twelve, add "therefore
supports the proposed ordinance language wi tb uaendaents
noted at the hearings".
After "consistency" in paragraph twelve, insert "and
codification in the Monroe County Code".
Delete underline in paragraph thirteen.
Oal1t all that follows the word "Aaended" in paragraph
thirteen.
CORRES.IID/TXTLDR 02/15/94
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Page Four
- In (B), change "benefit" to "benefits".
Page Five
- Underline "Flood Insurance Study ...1989" in (B).
- After "Bulletins", insert "as adopted by resolution fro.
time to time by the Board of County C~ssioners."
- In (3), replace "that" with "who".
Page Ten
- OIIlJ.t italics.
Page Fourteen
- In e., change 9.S-317(B)3(b) to 9.S-317(B)(4)b.
- In e., change 9.S-317(B)3(c) to 9.S-317(B)(4)c.
- In e., change 9.S-317(B)3(d) to 9.S-317(B)(4)d.
- In (S)a., change 9.S-317(B)4(f)(g)and(h) to
9.S-317(B)(S)f.,g. and h.
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CORRES.IID/TXTLDR 02/15/94
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BRANOf OFFICE
3117 OVERSEAS HIGHWAY
MARAmON, FLORIDA 33OSO
TEL. (305) 289-6027
i
BRANOf OFFICE
88820 OVERSEAS HlCHW A Y ~
PLANTATION KEY, FLORIDA 330'10
TEL. (305) 852-7145
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-35S0
February 28, 1994
CERTIFIED MAIL
RETURN RECEIPf REQUESTED
Mrs. Liz Cloud
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, FL 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 002-1994, amendinl the
langoale of Monroe County Code Chapter '.5-315,'.5-316, and '.5-317, The Floodplain
Manalement Ordinance; Provldlnl for the repeal of aU Ordinances Inconsistent
herewith; Provldinl for Transmittal to the Secretary of State of the State of florida, and
Provldlnl an effective date.
Thb Ordinance was adopted by the Monroe County Board of County
Commissioners at a Workshop/Public Hearlnlln fonnal session on January 18, 1994.
Please me for record.
cc:
Growth Management Director
Planning Director
County COmmission
Danny L. Kolbale
Clerk of Circuit Court
and ex officio Clerk to the
Board of County ColllD1&sloners
By: Isabel C. DeSantb
ib-^LL c. ~~ J
Deputy Clerk I ~
County Administrator
County Attorney
File
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Supplelent Departlent
PO Box 2235
Tallahassee, rl 32316-2235
SUPlIlelent 53
(18/10/94
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Ordinance Nos. 00I-lSj4. OC2-:~~4, 00:-;?~4
and 005-1994.
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FLORIDA DEPARTMENT OF STATE
Jim Smith, Sea-etary 01 State
DIVISION OF ELECfIONS
Bureau 01 Administrative Code
The Elliot Building
Tallaha8llee, Florida 32399-0250
C904) 488-8427
March 7, 1994
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. De Santis, Deputy Clerk
Dear Mr. Kolhage:
Pu<suant to the P<ovisions of Section 125.66, Plo<ida Statutes.
this will acknowledge you< lette< of peb<ua<y 28, 1994 and
ce<tified copies of Hon<oe County O<dinance NUmba<s 94-1, 94-~
and 94-3, which were received and filed in this office on
March 7, 1994.
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