Loading...
HomeMy WebLinkAboutOrdinance 004-1986 Charles Pattison, Director Building, Planning & Zoning ORDINANCE NO. 004 -1986 AN ORDINANCE REPEALING THE CURRENT SECTIONS 6-177 THROUGH 6-194 OF THE MONROE COUNTY CODE; CREATING NEW SECTIONS 6-177 THROUGH 6-197; PROVIDING A LEGISLATIVE PURPOSE; PROVIDING FOR DEFINITIONS; ADOPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY MAPS SHOWING AREAS OF SPECIAL FLOOD HAZARD; REQUIRING CERTAIN INFORMATION FROM BUILDING PERMIT APPLICANTS DESIRING TO BUILD IN AREAS OF SPECIAL HAZARD; PROVIDING FOR CERTAIN CONSTRUCTION STANDARDS FOR STRUCTURES ERECTED IN THOSE ZONES; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PLANNING, BUILDING AND ZONING IN REGARD TO CONSTRUCTION WITHIN SUCH SPECIAL FLOOD HAZARD ZONES; PROVIDING FOR RULES OF INTERPRETATION OF DISTRICT BOUNDARY LINES; PROVIDING FOR VARIANCES IN CERTAIN CIRCUMSTANCES FROM THE APPLICATION OF THIS ARTICLE; PROVIDING FOR APPEALS OF ADMINISTRATIVE DECISIONS MADE UNDER THIS ARTICLE; PROVIDING THAT THE REQUIREMENTS OF THIS ARTICLE SHALL BE CUMULATIVE TO ALL OTHER EXISTING LAWS AND ORDINANCES TOUCHING ON ANY CONSTRUCTION IN AREAS OF SPECIAL FLOOD HAZARD AND NOT PRE- EMPTIVE; PROVIDING FOR COMPLIANCE; REPEALING SPECIAL LAWS IN CONFLICT WITH THIS ARTICLE TO THE EXTENT OF CONFLICT; PROVIDING FOR GRAND- FATHERING; PROVIDING FOR A PROHIBITION ON BASEMENTS AND FOR CERTAIN BELOW FLOOR USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current Monroe County flood hazard district regulations are not consistent with current the Federal Emergency Management Agency (FEMA) regulations concerning construction standards to be followed in said districts; and WHEREAS, the current Monroe County standards have restricted certain types of construction, allowed by FEMA, which are other- wise consistent with the public health, safety and welfare; and WHEREAS, it is desired to lift this added burden from the property owners and citizens of Monroe County as expeditiously as possible, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sections 6-177 through 6-194, Monroe County Code, codifying ordinances numbered 3-1975, 30-1983, 8-1977, 12-1979, and 5-1984, are hereby repealed. Section 2. Chapter 6, Article V, Sections 6-177 through 6-196, are hereby created to read as follows: "Sec. 6-177. Findings of Fact, Statement of Purposes, Objectives Statement of Legislative Intent. A. Findings of Fact 1. Monroe County is located on the open coast and includes the southwest portion of the Florida peninsula and the Florida Keys. The Florida Keys are a low-lying chain of islands extending in a southwesterly direction from the Florida peninsula. 2. These areas are subj ect to inundation from tidal surges and wind-driven waves associated with hurricanes approaching from the Atlantic Ocean, Gulf of Mexico and Florida Bay. 3. Inundation of the flood hazard areas of the County results in threat to life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary expenditures for flood protection and relief and impairment of the economic base. 4. These flood losses are caused by occu- pancy of the flood plains by uses inadequately protect- ed from flood damage and by increased flood heights or velocities caused by the cumulative effects of obstruc- tion or alteration of the flood plain. 5. The Administrator of the National Flood Insurance Program has designed areas of special flood hazard within the County, including coastal high hazard areas, and established minimum standards for flood plain management regulations that shall be adopted by the County in order to secure participation in the National Flood Insurance Program as described in Title 44, Code of Federal Regulations, Part 59 et seq. Upon determination of the adequacy of said regulations by the Administrator, the County will qualify for flood 2 insurance availability and other financial assistance benefits as described in Title 44, Code of Federal Regulations, Part 59 et seq. B. Statement of Purpose It is the purpose of this ordinance 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 damaging increases in erosion or in flood heights or veloc- ities; 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 flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; 4. control filling, grading, dredging and other development which may increase erosion or flood damage, and; 5. prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may in- crease flood hazards to other lands. C. Objectives The objectives of this ordinance are: 1. to protect human life and health; 2. to minimize expenditure of public money for costly flood control projects; 3 3. to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. to minimize prolonged business interruptions; 5. to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; 6. to help maintain a stable tax base by providing for the sound use and develop- ment of flood prone areas in such a manner as to minimize future flood blight areas, and; 7. to insure that potential home buyers are notified the property is in a flood hazard area. D. Statement of Legislative Intent The Board of County Commissioners deem it in the best of its citizens interest that prudent measures be taken to minimize the potential public and private loss due to flooding, and that said County should 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 Article be strictly adhered to. Sec. 6-178. Definitions. For the purpose of this article, the following definitions shall apply. Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reason- able application. 4 Appeal means a request for a review of the Direc- tor of Planning, Building and Zoning's interpretation of any provision of this Article or a request for a variance. Areas of special flood hazard is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means that portion of a building between floor and ceiling which may be partly below and partly above grade. Breakaway Walls means walls of any construction intended to collapse under stress without jeopardizing the structural support of the structure so that the impact on the structure by abnormally high tides or wind-driven water is minimized. Building means any structure built for support, shelter, or enclosure for any occupancy or storage. Coastal high hazard area means the area subject to high velocity waters including, but not limited to, hurricane wave wash or tsunamis. The area is designat- ed on FIRM as Zone Vl-30. Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Director of Planning and Zoning means the person so named by the Board of County Commissioners or his authorized designee. Dunes means naturally occurring accumulations of sand or other loose organic material in ridges or mounds landward of the beach. Existing mobile home park or mobile home subdivi- sion means that on June 1, 1977, the land is properly 5 zoned and platted for mobile homes or a mobile home variance has been granted and the lot on which the mobile home therein is to be affixed has at a minimum either final site grading or concrete pads in place, has a street or road serving said lot and utilities servicing said lot are connected. Said definition being in accordance with Title 44, Code of Federal Regulation, Parts 59, 60, 61, 64, 65 and 67, definition of "existing mobile home park or mobile home subdivi- sion". Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed, including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets. Any expansion is considered "new construction". Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from 1. the overflow of inland tidal waters; 2. the unusual and rapid accumulation or runoff of surface waters from any source. Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management AGency has delineated both the areas of special flood hazard and the risk premium zones appli- cable to the community. Flood Insurance Study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the 6 Flood Boundary-Floodway Map and the water surface elevation of the base flood. Floor means the top surface of an enclosed area in a building, including basement, i. e., the top of the slab in concrete slab construction or the top of wood flooring in wood frame construction. The term does not include the floor of an area used exclusively for the parking of vehicles, limited storage or building access. Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. Mangrove stand means an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia Nitida); red mangrove (Rhizophora Mangle) ; white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta) . Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purposes of this Article, the term is synonymous with National Geodetic Vertical Datum (NGVD) , Mobile 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. It does not include recreational vehicles or travel trailers. National Geodetic Vertical Datum (NGVD) as cor- rected in 1929 is a vertical control used as a refer- ence for establishing varying elevations within the flood plain. 7 New construction means structures "start of construction" commenced on effective date of this Article. New mobile home park or mobile home subdivision means a parcel or contiguous parcels of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (includ- ing, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after June 1, 1977. Residential. The t:erm "residential" or "resi- dence" is applied herein to any lot, plot, parcel, tract, area or piece of land or any building used exclusively for family dwelling purposes or intended to be so used. Start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For for which the or after the 8 mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (includ- ing, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed. Structure means a walled and roofed building that is principally above ground, a mobile home, a gas or liquid storage tank, or other man-made facilities or infrastructures. Substantial improvement means any repair, recon- struction, or improvement of a structure the cost of which, as reflected by the square foot valuation of the improvement by current standards of the Monroe County Building Department, equals or exceeds fifty (50) percent of the market value of the structure, as reflected by the most recent available valuation assessed by the Monroe County Property Appraiser, either before the improvement or repair is started, or if the structure has been damaged and is being re- stored, before the damage occurred. For the purposes of this definition "substantial improvement" is con- sidered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the build- ing 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 State or local health, sanitary, or safety code speci- fications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Variance is a grant of relief to a person from the requirements of this ordinance which permits con- 9 struction in a manner Article where specific unnecessary hardship. Cross reference Rules of construction and definitions generally, ~1-2. Sec. 6-179. Application of Article; Adoption of Maps. A. This Article shall apply to and be enforced in all the unincorporated areas of the County. B. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study and Wave Height Analysis for Monroe County Florida Unincorporated Areas, dated December 1, 1983 with accompanying maps and other supporting data, and any revision thereto are adopted by reference and declared to be a part of this Article; and shall be kept on file, available to the public, in the offices of the County Building and Zoning Department. Sec. 6-180. Compliance. No structure shall hereafter be located, extended, converted, or structurally altered without full compli- ance with the terms of this Article and other applica- ble regulations. Sec. 6-181. Conflicting Regulations. This Article shall supersede any conflicting ordinance, building code, or any other regulation to the extent that this Article imposes more stringent requirements for the use or development of any lands or structures within areas of special flood hazard. It is not intended to repeal, modify, or change any ordi- nance, building code or other regulation except as herein stated. It is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another conflict or overlap, whichever imposes the more strin- gent restrictions shall prevail. Furthermore, nothing contained herein shall be deemed in derogation of the otherwise prohibited by enforcement would result this in 10 Coastal Zone Protection Act of 1985, F.S. 161.52 through F.S. 161.59, and, to the extent that such Act contains requirements more stringent than those in this Article, the requirements of the Act are controlling. Sec. 6-182. Effect on Subdivision Ordinance. The provisions of this Article shall supplement the County subdivision ordinance. (Ord. Nos. 3-1972 ~16, 13-1973, 2-1974, 19-1975, and 10-1981, as amended) In the event of conflict or overlap of said ordinances, the requirements resulting in the greater flood damage protection design shall apply. Sec. 6-183. Effect on Major Development Project Ordinance. The provision of this Article shall supplement the major development project ordinance. In the event of conflict or overlap of said ordinances, the require- ments resulting in the greater flood damage protection shall apply. Sec. 6-184. Effect on Shoreline Protection. The provisions of this Article shall supplement the shoreline Protection Article of the Monroe County Code, (Ordinance No. 17-1975). In the event of conflict or overlap of said ordinances, the requirements resulting in the greater flood damage protection design shall apply. Sec. 6-185. Effect on Previous Building Permits. Provisions of this Article shall not apply to those buildings for which a building permit had been issued and was in effect or for which proper and complete applications and plans had been submitted for building permits on or before the effective date of this Ordinance, provided that the construction under the permit shall be commenced and progressively carried to a conclusion within the time limitations for permits established by the building code. However, nothing contained in this Section shall be construed to in any way vest any right to continue to use any structure 11 erected in violation of this Ordinance or its predecessor. Cross reference -- Building permits, Ch. 6, Art. II, Div. 2. Sec. 6-186. Effect on Special Laws. All special laws, in conflict with this Article are hereby repealed to the extent of such conflict. Sec. 6-187. Penalties for violation. A. Willful violations of the provisions of this Article or failure to comply with any requirements hereunder (including violations of conditions and safeguards established in connection with grants of variance or special exceptions) shall subject the offender to punishment as provided in section 1-7 of this code of ordinances. B. Notwithstanding the provisions of paragraph A. of this section, the official responsible for the enforcement of the provisions of this Article may secure enforcement hereof by any legal action neces- sary, such as application to any court for injunctive relief, revocation of any building permit issued hereunder or other appropriate means. Sec. 6-188. Interpretation. In the interpretation and application of this Article all provisions shall be: (1) Considered as minimum requirements. (2) Liberally construed in favor of the County, in order to effectuate the purposes herein stated. (3) Deemed neither to limit nor repeal any other powers granted under the laws of the State. Sec. 6-189. Warning and Disclaimer of Liability. The degree of flood protection required in this Article is considered reasonable for regulatory pur- poses and is based on scientific and engineering considerations. Larger floods can and will occur on 12 rare occasions. Flood heights may be increased by man-made or natural causes. This Article 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 Article shall not create liability on the part of Monroe County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any adminis- trative decision lawfully made thereunder. Sec. 6-190. Severability. If any section, subsection, sentence, clause or provision of this Article is held invalid, the remain- der of this Article shall not be affected by such invalidity. Sec. 6-191. Enforcement. This Director of the County Planning, Building and Zoning Department shall administer and enforce this article. Sec. 6-192. Permit Requirements. The Director of the County Planning, Building, and Zoning Department shall, with respect to development within areas of special flood hazard, require building permits for all proposed construction or other improve- ments, containing in addition to the requirements of section 6-231, if a maj or development, the following information: A. Elevation in relation to mean sea level of the proposed lowest floor (including base- ment) of all structures. B. Elevation in relation to mean sea level to which any non-residential structure will be flood proofed. C. A certificate from a registered professional engineer or architect that the flood proofed structure meets the flood proofing criteria 13 set forth in section 6-l96(B) (2) (a) of this Article. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. Provide a flood elevation or flood proofing certificate after the lowest floor is com- pleted or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calen- dar days of establishment of the lowest floor elevation, or flood proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Director of planning, building and zoning a certification of the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direction supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Director of Planning, Building and Zoning shall review 14 the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the surveyor failure to make said corrections required hereby, shall be caused to issue a Stop-Work Order for the project. Sec. 6-193. Duties and Responsibilities of the Director of Planning, Building and Zoning. In regard to the administration of this ordinance, the duties of the Director of Planning, Building and Zoning will include but not be limited to: A. Review building permit applications for repair within said districts to determine that the proposed repair satisfies the requirements of this Article. B. Review building permit applications for new construction or substantial improvements within said districts to assure that the proposed construction (including prefabricat- ed and mobile homes) satisfies the require- ments of this Article. C. Advise permittee that additional Federal or State permits may be required, and if specif- ic Federal or State permits are known, require that copies of such permits be provided and maintained on file with the building permit application. D. Notify adjacent communities and the Florida Department of Community Affairs prior to any al teration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. E. Assure that maintenance is provided within the altered or relocated portion of said 15 watercourse so that the flood carrying capacity is not diminished. F. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. G. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed. H. In Coastal High Hazard Areas, certification shall be obtained from a registered profes- sional engineer or architect that the structure is securely anchored to adequately anchored pilings, columns or shear walls in order to withstand velocity waters and hurricane wave wash. I. In Coastal High Hazard Areas, the Director of Planning, Building and Zoning shall review plans for adequacy of breakaway walls in accordance with the provisions of this Article. J. When flood proofing is utilized for a particular structure, the Director of Plan- ning, Building and Zoning shall require the applicant to provide certification from a registered professional engineer or archi- tect. K. Where interpretation as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Director of Planning, Building and Zoning shall make the necessary interpretation. The person con- testing the location of the boundary shall be 16 given a reasonable opportunity to appeal the interpretation as provided in this Article. L. When base flood elevation data has not been provided in accordance with section 6-179 of this article, then the Director of Planning, Building and Zoning shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer the provisions of section 6-196 of this Article. M. All records pertaining to the provisions of this ordinance shall be maintained in the office of the Director of Planning, Building and Zoning and shall be open for public inspection. Sec. 6-194. Rules for Interpreting District Boundaries. A. The boundaries of the flood hazard districts shown on the official flood hazard boundary maps may be determined by scaling distances. Required interpre- tations of those maps for precise locations of such boundaries shall be made by the Director of the County Planning, Building and Zoning Department. B. In interpreting the provisions of this Article, the Director of Building, Planning and Zoning shall be guided by the Local Official's Floodplain Management Handbook current edition. Sec. 6-195. Variances Procedures. A. Authority of the County Commission. The County Commission shall have the authority and duty to consider and act upon applications for a variance from the regulations of this Article. The County Commission shall also have the authority to consider and act upon appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Planning, Building and Zoning in the enforcement or administration of this Article. Such 17 board is admonished that in granting any variances hereunder, it must consider the purposes of the Nation- al Flood Insurance Program, as specified in Title 24, Code of Federal Regulations, Chapter 10, subchapter B, Parts 59 et seq. Further, such board shall consider the fact that an annual report on variances granted must be submitted to the National Flood Insurance Administration, which report is the basis for continued availability of flood insurance to the inhabitants of the County, and therefore, variances should be granted with extreme caution. B. Variances shall be in harmony with general purpose and intent of article. The board may grant variances from the terms of this Article as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions hereof will result in unnecessary hardship, and so the spirit of the regulations shall be observed and sub- stantial justice done: Provided that the variance will be in harmony with the general purpose and intent of this Article and that the same is the minimum variance that will permit the reasonable use of the premises. C. Conditions. (1) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the Florida Inventory of Historic Places, without regard to the procedures set forth in this section. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Variances shall only be issued upon: 18 a. a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship to the appli- cant and; c. a determination that the granting of a variance will not: (1) (2) result in increased flood heights; result in additional threats to public safety; result in extraordinary public (3) expense; (4) create nuisance; (5) cause fraud on or victimization of the public; or (6) conflict with existing local laws or ordinances. (4) Any applicant to whom a variance is grated shall be given written notice 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 a notice be placed on the deed to the property stating 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 19 the actuarial flood insurance rates increase as the lowest floor elevation decreases. (6) The Director of Planning, Building and Zoning shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. D. Review and appeal. Review and appeal of any such decision by the County Commission shall be by a petition for certiorari to the Circuit Court for relief. E. Guidelines. (1) When the Board of County Commissioners shall consider the propriety of granting a variance as permitted by this Article, the following factors shall not be considered: (a) The physical disabilities or handicaps and health of the appli- cant or members of his or her family. (b) The domestic difficulties of the applicant or members of his or her family. (c) The financial hardships of the applicant or members of his or her family and the financial difficulty of the applicant in complying with this Article. (2) The following factors shall be relevant in the granting of a variance: (d) Physical characteristics of construction. 20 (e) Whether it is possible to use the property by a conforming method of construction. (f) The danger that materials may be swept onto the other lands to the injury of others; (g) The danger of life and property due to flooding or erosion damage; (h) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (i) The importance of the services provided by the proposed facility to the community; (j) The necessity to the facility of a waterfront location, where applica- ble; (k) The availability of alternative locations, not subject to flooding; (1) The compatability of the proposed use with existing and anticipated development; (m) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (n) The safety of access to the property in times of flood for ordinary and emergency vehicles; (0) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, 21 (p) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such a sewer, gas, electrical and water systems, and streets and bridges. F. Application fee. Each application for a variance hereunder shall be accompanied by an applica- tion fee in the amount of Fifty Dollars ($50.00) made payable to the County. Cros s references Variances under subdivision regulations, Ch. 17, Art. VII; special exceptions under zoning ordinance, Ch. 19, Art. IV. Sec. 6-196. Development within Areas of Special Flood Hazard. Provision for Reducing Flood Hazards. A. General Standards. In all areas of special flood hazard the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. No fill shall be used for structural support. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resis- tant to flood damage; (3) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (4) All new and replacement water supply systems shall be designed and construct- ed by methods and practices that mini- mize flood damage. 22 (5) All new or replacement sanitary sewage systems shall be designed and construct- ed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into flood- waters. Joints between sewer drain components shall be sealed with caulking, plastic or rubber gaskets and all manhole covers shall be sealed in similar manner. (6) On-site waste disposal systems shall be located and constructed to minimize or eliminate damage to them and contamina- tion from them during flooding. (7) Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with the provisions of this ordinance, shall meet the require ments of "new construction" as contained in the Article. (8) No man-made alteration of sand dunes and mangrove stands shall be allowed which would increase potential flood damage. (9) All new construction shall be located landward of the reach of mean high tide. (10) All agreements for deed purchase agreements, leases, or other contracts for sale of 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 County Planning, Building and Zoning 23 Department and obtain the latest information regarding flood elevations and restrictions on development before making plans for the use of this property. B. In all areas of special flood hazard where base flood elevation data has been provided, as set forth in section 6-179.B or section 6-193.L, the following provisions are required: (1) Residential construction (a) New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at or above the base flood elevation level. (b) Electrical and mechanical equipment servicing an elevated structure, except elevators, shall be elevated at or above the base flood elevation level. (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 on exterior wall or slab. (d) The space below the lowest flood of an elevated structure may be used exclusively for parking of vehi- cles, elevators, limited storage or building access purposes. Such spaces may be enclosed under the following conditions: 24 (1) the walls or any enclosed area must be designed and con- structed in a manner to prevent flotation, collapse and lateral movement of the structure. (2) the walls of any enclosed area shall be provided with open- ings such as vents, louvers, or automatic valves which permit the level of flood- waters within the enclosed area to match the rising and falling of floodwaters on the outside of the structure. Openings shall be provided having a minimum net area of one square foot (1 sq. ft.) for each one hundred fifty square feet (150 sq. ft.) of enclosed area. Each wall of an enclosed area shall have a minimum of one such opening. Openings shall be situated such that the bottom of the opening is no lower than one foot (1') above grade and no higher than two feet (2') above grade. (3) 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 25 enclosure by rising flood- waters. (4) Interior wall, ceiling and floor materials located below the base flood elevation must be of unfinished materials resistant to flood damage except that materials which are required bv oJ applicable fire codes shall be permitted. (5) Walls constructed entirely of wood lattice work or screen mesh shall be considered as meeting the requirements of section 6-196(B) (1) (d) (2) and (3) . (6) Necessary electrical switches located below the base flood elevation shall be of the outdoor/water resistant variety on a separate ground- fault protection circuit breaker. Except for elevator equipment, electrical recepta- cles shall not be located below the base flood ele- vation. (7) The area enclosed below the base flood elevation shall not be used for human habitation. (8) However, no area in excess of 299 square feet shall be enclosed without a variance granted under the terms of Sec. 6-195. 26 (2) Non-residential construction (a) New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation level or, together with attendant utility and sanitary facilities, be flood- proofed so that all areas of the structure below the base flood elevation is water tight and with walls substan- tially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro- dynamic loads and effects of buoyancy associated with the base flood. Flood proofing design and methods shall be consistent with the provisions for building classi- fications WI and W2 as described in the U.S. Corps of Engineers manual "Flood-proofing Regulations" (EP 1165-2-314, Office of the Chief of Engineers, U.S. Army, Washington, D. C. , June 1972). (b) Where flood proofing is utilized, a registered engineer or architect shall certify that the flood proofing methods are adequate to withstand the flood depths, pres- sures, velocities, impacts and uplift forces and other factors 27 associated with the base flood. Said certification shall be provid- ed to the Director of the County Planning, Building and Zoning Department. (c) Accessory structures at grade elevation shall be permitted for storage or parking purposes provid- ed they will be anchored to prevent flotation, collapse or lateral movement of the structure and do not exceed one hundred twenty-five square feet (125 sq. ft. ) of enclosed area or $3,000 in value whichever is greater. Plans for such structures shall be submitted to the Director of Planning, Building and Zoning for approval prior to construction (3) Mobile Homes (a) Effective June 1, 1977, no mobile home shall be placed within areas of special flood hazards, except in an existing mobile home park or subdivision or on lots with exist- ing mobile home variances. (b) All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific require- ments shall be that: (1) over-the-top ties shall be provided at each end of the mobile home with one addition- al tie per side at an interme- 28 diate location for mobile homes less than fifty feet (50') long and two (2) addi- tional ties per side at intermediate locations for mobile homes of fifty feet (50') or greater length; (2) frame tie shall be provided at each corner of the mobile home with four (4) additional ties per side at intermediate locations for mobile homes less than fifty feet (50') long and five (5) additional ties per side at intermediate locations for mobile homes of fifty feet (50') or greater length. (3) all component of the anchoring system must be capable of carrying a force of 4,800 pounds, and; (4) any additions to the mobile home shall be similarly anchored. (c) The Building Department shall not issue a building permit or certifi- cate of occupancy for the placement of a mobile home on a qualified lot unless and until the owner of the mobile home or lessee as the case may be, shows the building officials a recorded deed or unrecorded lease wherein the mobile home owner or lessee has the fact disclosed to him in said deed or 29 lease that the mobile home is being located in a flood prone area and that an evacuation plan indicating vehicular access and an escape route is filed with the Disaster Preparedness authorities, (d) A mobile home that is to be placed on a qualified lot may be granted a variance from the elevation re- quirements of this ordinance provided that the lot on which it is to be placed is presently contiguous to and surrounded by mobile homes which are not elevated to the base flood elevation. In such cases the Board of County Commissioners may grant a variance to allow said mobile home to be placed at an elevation equal to that of the surrounding mobile homes. No other variances shall be granted for mobile homes. (e) An existing mobile home may be replaced without elevation and without need of a variance provided the mobile home so replaced was at a height below the required base flood elevation. (4) High Hazard Areas (V Zones) - Located in the areas of special flood hazard established in section 6-179:13 of this Article, are areas designed as coastal high hazard areas. These areas have special flood hazards associated with wave wash, therefore, the following provisions shall apply: 30 (a) All buildings or structures shall be elevated so that the lowest supporting horizontal member (excluding pilings or columns) is located at or above the base flood elevation level, with all space below the lowest supporting member open or constructed with breakaway walls so as not to impede the flow of floodwaters. Breakaway walls may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with section 6-196(B)(4)(f) and (g) of this Article; (b) All buildings or structures shall be securely anchored on pilings, columns, or shear walls; (c) Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the base flood flow where shear wall construction is used, the follow- ing conditions shall also apply: (1) shear walls shall be placed parallel to the predominant flow direction of floodwaters and spaced to provide adequate floodwater convey- ance beneath the elevated floor; (2) shear walls shall be 31 constructed using reinforced concrete, and; (3) except for the placement of the parallel load-bearing walls, the space between the shear walls below the elevat- ed floor shall remain free of obstruction or contain only breakaway wall construction. (d) Compliance with provisions contained in section 6-196 (B) (4) (a), (b) and (c) shall be certified to by a professional engineer or architect; (e) There shall be no fill used as structural support; (f) Walls and partitions other than parallel shear walls shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, 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 specifications are met: (1) A design load limit of 10 - 20 pounds per square foot shall be used as the maximum load range at which breakaway walls will collapse, and 32 (2) Venting of walls shall be provided as described in section 6-l96(B)(1)(d)(2) and (3) . (g) If the space below the elevated floor is to be enclosed, such enclosed space shall not be used for human habitation; (h) Prior to construction, plans for any structure that will have enclosed space below the elevated flood shall be submitted to the Director of Planning, Building and Zoning for approval; (i) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except as provided for in section 6-l96(B)(4)(f) and (g) of this Article; (j) All buildings shall comply with provisions of Chapter 4, Article II (SHORELINE PROTECTION) Section 4-16, et seq., Monroe County Code; (k) No man-made alteration of sand dunes and mangrove stands shall be allowed which would increase potential for flood damage; and (1) Mobile homes shall be prohibited except as provided for in section 6-l96(B)(3)(3) of this Article." Sec. 6-197. Prohibitions. A. Any implications in this Ordinance to the contrary notwithstanding, no basement shall be constructed in the unincorporated area of Monroe County 33 until such time as a variance is granted to Monroe County under the terms of 44 C.F.R. 60.6(b). B. No enclosure below floor area shall be constructed or equipped for such uses as a kitchen, dining room, living room, family room, recreation room, bedroom or bathroom. This prohibition does not apply to new nonsubstantial improvements to structures whose initial construction began prior to December 31, 1974, structures for which a variance has been granted pursuant to this Article, or those structures which are listed on the National Register of Historic Places or the Florida Inventory of Historic Places. Section 3. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of any such conflict. Section 5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 6. 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. 34 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the IJ-b'h day of 11It?. r L), , A. D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~',~~.. ~-~ -- -:::: .....~ .... - -.....-.~ ., By MAYOR/CHAIRMAN (SEAL) DANNX L. J.{OLliAGE, 91erk Attest:-. . ~J. jJ~. hO / CLE K /" ADOPTED: ,:;j- 1- f) r; , FILED WITH SECRETARY OF STATE: ~~--/1~ )[b EFFECTIVE DATE: .3 -2C' ~.- J0 ~l BY 35 -oi' . ;::<>t;; ;'.~:>'~. ~...,l,'., ..rl'.-, \. ~ -, <. C.' ~'.~". '.0 ~o.. ('1' ..:)' /,)\-.'" ; LIO('~., c. '\~ << ~~(~~j~b( .....;: ~ ".~"" l~~~~ ....:{ 1/ \'\~iiri:;:~'.~ i)~';;;/ jDannp lL 1Kolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305l743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLOHIDA 33040 TEL. (30G) 294-464] BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 Marcil 17, 1986 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 Dear t~rs. Cloud: The Board of County Commissioners at a regular meeting in formal session on March 7, 1986 adopted Ordinance No. 004-1986 per- taining tJ Flood Hazard District Regulations in Monroe County, Florida. " Enclosed please find a certified copy of this Ordinance. Please fi le for t'ecord. Very truly yours, 'R Danny L. Kblhdge Clerk of Circuit Court and ex officio Board of County Commissioners /~ ~ b . .....1" .~' /.y ;L ../..1 _,. /// /7 y . R ~.~. iI'i {~' -. L-:,(o~7~'O Y{f' A I. ~~ Deputy Cle:"k / Enclosure cc: County Administrator County Attorney Building, Planning & Zoning Dir. F i 1 e r'!:u.nicipal Code Corp. f~33-qil (1t c~....., ~ 1 a •SENDER: Complete items 1,2,3 and 4. 3 Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this card from P 3 3 3 9 8 7 19 8 2 being returned to you.The return receipt fee will provide You the name of the person delivered to and the date of RECEIPT FOR CERTIFIED MAIL 'a! delivery.For as itional fees the following services are r NOT F available.Consult postmaster for fees and check box(es) NO IOTUOANCE COVERAGE PROVIDED ry/ OR INTERNATIONAL MAIL.g for service(s)requested. (See Reverse) co 1 1. El Show to whom,date and address of delivery. i .1. Sent to Liz Cloud Chief p A 2. ❑ Restricted Delivery. 6 Street and No. m l'e.t. of State, The Capito 3. Article Addressed to: Liz Cloud, Chief p P. Bur. of Admin. Codes & Laws a Ta� taassee,e and ZIP Co >I Code 32301 Dept. of State, The Capitol ; ai Postage s Tallahassee, Florida 32301 I 4' .cS� Certified Fee �-7 I 0 r 4. Type of Service: Article Number Special Delivery Fee { .1 El Registered CI Insured Restricted Delivery Fee �`_ Cl Certified ❑ COD P 333 987 198imi ElExpress Mail Return Rete pt s fowin . N u� to whom and Date-Deliver d (— Always obtain signature of addressee or agent and I m Ret in R ceipl;showi tolNv DATE DELIVER . m Dal/.a AddresA's`Iol�Dellive.,om, 73 S X Sign ddressee - ' ■L•ri L os gb �d Fe e/vez( ilij 6. Sig afire—Agen Posh•rl�f3r co 33 7. Date of Delivery i i - -: , 53 z 8 A df'ss'sews;Address(ONLY tfi equested and fee paid) I m _ FLORIDA DEPARrMENTOFSTATE George Firestone Secretary of State March 20, 1986 Honorable Danny L. Ko1hage Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florid;} SLltuL's, this I.:ill :lckno\dcc.lgc: 1. I.; c c c i p tor 1 c t t c r / s 0 f ______ _ ~a.:.E~~_J_~~_~~~~ __ _~~ _~ ~__'____ allu c(;rtified cop/lies of -~ ~~-_.MG.n~------- - "'~-~-'~~-- ~-__ Coun t)' 0 nlinJ nee (5) --_,_.___._.8.6_.::.4._all_~L8 6 __~ ..____ ____ .,----- -- --.-------- -- ---~---_..-----~...._----------- ~.__...__.__.,~ -- ._- ----------- --- Receipt or County Ordinance(s) relative to: (a.) , .--- ---,--..--p-.-- --'--'"--- \.:h ich we 11::1\-0 numherou ( b) I,:hieh "le hJ\'-':: numbered ,J. 1','(' 11<1ve filcu :tJ,1::i::s/thcse Ordin::lnCl~(s) in this office on__ ___MaT...ch-Ilt...___________. 1986 ,1. 'l' h C' 0 rig i II (j 1 / d 1..1 pI i cat C cop y / i C.S 5 11 () lei Il g t h C' r i Ii n g cl ate i:";/;lr~' heing r....turned Cor YOl;}. fl'cords. Cor d i ;J 1 J ~' , ~~ (hrS~i:' C:IOt~hicr nurCdU uj' .\dLllllistr:ltlvc Code Lei rnb FLORIDA-State of the Arts PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE BOX 1197, TAVERNIER, FL. 33070 DAGNY WOLFF ED I TOR & PUBLI SHER Before the undersigned authority personally appeared , who on oath, says that he is of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN THE MATTER OF in the Court, RE-NOTICE OF INTENTION TO CONSIDER was published in said 2-20 & 2-7]-86 newspaper in the issues of Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said,n BEFORE / '- MY COMM 155 I ON EXP I RES: J::rOTAR,rl'>UBLIC'STATnSrF[ORfDA ""r l.UMMi~~IU'J tXFIKt,> A~K " l'If37 BONDED TiI;;!J C;,: ';:. .~ I'/~ ~c t' RE-NOTICE OF INTENTION TO CONSIDER I ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the 3rd hearing scheduled for Friday,February 21, 1986 at 3:00 P.M.at the Plantation . Key Government Center,Plantation Key,Monroe County,Florida,has been can- i celled,and the 3rd hearing hearing is now re-scheduled to March 7,1986,at 3:00 P.M.at the Marathon Sub-Courthouse,Marathon,Monroe County,Florida,for the Board of County Commissioners of Monroe County,Florida,to consider the adop- - tion of the following County ordinance: ORDINANCE NO. -1986 t AN ORDINANCE REPEALING THE CURRENT SECTIONS 6-177 k THROUGH 6-194 OF THE MONROE COUNTY CODE;CREATING NEW SEC- ; 1 TIONS 6-177 THROUGH 6-197; PROVIDING A LEGISLATIVE PURPOSE; 1 1 PROVIDING FOR DEFINITIONS;•ADOPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.MAPS.SHOWING AREAS OF SPECIAL FLOOD HAZARD;REQUIRING CERTAIN INFORMATION FROM BUILDING PER- / MIT APPLICANTS DESIRING TO BUILD IN AREAS OF SPECIAL HAZARD; PROVIDING FOR CERTAIN.CONSTRUCTION STANDARDS FOR STRUC- , 1 TURES ERECTED IN THOSE ZONES; PROVIDING FOR DUTIES'AND , 1 RESPONSIBILITIES OF THE DIRECTOR OF PLANNING,BUILDING AND ZONING IN REGARD TO CONSTRUCTION WITHIN SUCH SPECIAL FLOOD }r HAZARD ZONES; PROVIDING FOR RULES OF INTERPRETATION OF G DISTRICT BOUNDARY LINES; PROVIDING FOR APPEALS OF AD- i 1 MINISTRATIVE DECISIONS MADE UNDER THIS ARTICLE; PROVIDING 5 1 THAT THE REQUIREMENTS OF THIS ARTICLE SHALL BE CUMULATIVE TO ALL OTHER EXISTING LAWS ANn ORDINANCES TOUCHING ON ANY • CONSTRUCTION IN AREAS OF SPECIAL FLOOD HAZARD AND NOT l PRE-EMYTIVE; PROVIDING FOR COMPLIANCE; REPEALING SPECIAL , 4 LAWS IN CONFLICT;PROVIDING FOR GRANDFATHERING;PROVIDING FOR A PROHIBITION ON BASEMENTS AND FOR CERTAIN BELOW t FLOOR USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR IN- 1 CORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING-FOR AN EFFECTIVE DATE.. i I Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person - decided to appeal any decision made by the Board with respect to any matter con- . . sidered at such hearings or meetings,he will need a record of the proceedings,and ,, that, for such purpose, he may need to ensure that a verbatim record of the - proceedings is made,which record includes the testimony and evidence upon which 1 the appeal is to be based. DATED at Key West,Florida,this 14th day of February,1986. - - DANNYL.KOLHAGE ' Clerk of the-Circuit Court of Monroe County,Florida - '-and ex officio Clerk of the t . Board of County Commissioners !,_ i of Monroe County,Florida - t ' E Published:2/20&2/27/86 - The Reporter _ Tavernier,FL 33070 • __ _ _ i 1. -�� n-. rr _ RE-NOTICE OF PROOF OF PUBLICAN ENADOPTIO CONSIDER ,7 • COUNTY ORDINANCE J NOTICE- IS HEREBY GIVEN TO WHOM IT MAY,CONCERN• that the 3rd hearing,scheduled for FridaY,,February 21,•1986 at THE FLORIDA KEYS KEYNOTER 3:00P,.M. at the Plantation Key Government Cdnter, Plantation Key, Monroe County. Florida, Published Weekly e 3rd heaaring snowllre-schedd uled to March 7, 1986, at 3:00 P.M. at MARATHON, MONROE COUNTY FLORIDA the Marathon Sub-Courthouse, Marathon, Monroe County,, Florida,for rs Board of County, County,Florida to of the; adoption of the following Coyntvl ordinOanc NG THE CURRENT NANCE NO.-1986 • AN ORDINANCE RE-: PEALI STATE OF FLORIDA ) • SECTIONS 6-177 THROUGH 6-194 OF THE MONROE ; • COUNTY CODE; CREAT-, <, COUNTY OF MONROE ) THROUG SECTIONS E 97f PROVID ING A LEGISLATIVE PUR- POSE; PROVIDING FOR , • DEFINITIONS ADOPTING THE FEDERAL EMER- GENCY MANAGEMENT ' Mary Lou Neish AGENCY MAPS SHOWING Before-the undersigned authority personally appeared AREAS, OF SPECIAL FLOOD HAZARD; RE- QUIRING 'CERTAIN IN- 1, Office Manager FORMATION FROM that he is g of The FLORIDA KEYS KEYNOTER, a week, news • a er BUILDING PERMIT AP- FORMATION P P IBUICANTS DESIRING TO• BUILD IN AREAS OF SPE' I RE—NOTICE OF INTL CIAL HAZARD• PROVID- 'ER Monroe County,Florida; that the attached copy of advertisement, being_a 1 ING FOR CERTAIN cow-• I STRUCTION STANDARDS _ Adoption of Ordinance--Repealing 6-177 -- Fl FOR STRUCTURES t, IN THE MATTER OF I ZONES; PROVIDING FOR ; DUTIES LITIES AND D REC- ' TOR OF PLANNING CO BUILDING AND ZONING IN ' REGARD TO CONSTRUC- newspaperin the issues of February 20 ,27 , 1 986 TION WITHIN SUCH SPE' CIAL FLOOD. HAZARD ZONES; PROVIDING FOR • RULES OF INTERPRETA-- TION_ OF DISTRICT • Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- BOUNDARY LINES; PRO- VIDING FOR VARIANCES IN CERTAIN VARIANCES STANCES FROM THE AP- thon, in said Monroe County, Florida,'and that the said newspaper has heretofore been continuously PLICATION OF THIS ARTI- CLE•PROVIDING FOR AP- PEALS OF ADMINISTRA- TIVE •DECISIONS MADE published in said Monroe County, Florida,each week (on Thursday)and has been entered as second UNDER THIS ARTICLE .PROVIDING THAT THE • REQUIREMENTS OF THIS • class mail matter at thepost office in Marathon, in said Monroe County, Florida, foraperiod of one ARTICLE SHALL BE C ALL O VE" IN OTHER EXISTING •LAWS s year next .AND ON ANY preceding the first publication of the attached copy of advertisement; and affiant further CON- STRUCTION IN AREAS OF SPECIAL FLOOD HAZARD AND, NOT PREEMPTIVE; . says that he has neither paid nor promised any person,.firm,or corporation any discount, rebate, com- PROVIDING FOR COMPLI- ANCE; REPEALING SPE- CIAL,LAWS IN CONFLICT WITH.THIS ARTICLE TO mission or refund for the purpose of securing this advertisement for publication in the said newspaper. THE EXTENT OF CON- FLICT• PROVIDING FOR. -• GRANDFATHERING; ' PROVIDING FOR A PRO- HIBITION ON BASEMENTS ` AND FOR CERTAIN BELOW FLOOR USES; PROVIDING FOR SEVER- ABILITY•PROVIDING FOR INCORP6RATION - INTO • THE MONROE 'COUNTY (SEAL) • AND PROVIORDINANCES_I R AN' t. . EFFECTIVE DATE. , . Pursuant to Section 286.0105,' Florida Statutes, notice is given SWORN TO•AND SUBSCR ED BEFORE ME HIS that if a person decided to th y . Peal decision made by the ,�f Board with respect to any met • - • 'DAY�OF' /-/ �/� - A.D. 19.�w ter considered at such hearings or meetings,he will need a rec ord of the proceedings,and that ` titler such Purpose, he may need 1 ensure that a verbatim record � �/� _ f ,which the proceedings is made, -K// {{[[/ ��� ��'� moray.record includes the testi-which . mono and evidence upon which 'the appeal is to be based. • NOTARY PUBLIC STATE OF FLORIDA (DATED at Kev West, Florida, • 'this 14th day of February 1986. MY COMMISSION EXP. FEB 17,1989 DANNY L.KOLHAGE . Clerk of the Circuit Courts BONDED THRU GENERAL INS. Il,p, • of Monroe County,Flortdal • • and ex officio Clerk of the . - Boar, of County ComYnlssioners{ of Monroe County,Florida • • Publish:Feb.20,27,1986 Florida Keys Keynoter THE KEY WEST CITIZEN Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA) sr='VI R BiL`ITY PROVI!DQ "`OR INCORPORATIO O THE SS. MONROE COUNTY OF OR- DINANCES; AND PROVIDING FOR • COUNTY OF MONROE) AN EFFECTIVE DATE. ..Pursuant to Section 286-0105,Florida 1 Statutes, notice is given that if a person; decided to appeal any decision made ' by the Board with respect ,to.any • Before the undersiged authorityerso matter considered at etch hearings or g P meetings, he will need a.record of the proceedings, and that for such 1 2� prupose, he may need to ensure that a - ; Who on oath Sad' verbbatim.record of the proceedings is made, which record includes the 1 testimony and evidence upon whlehthe �� eappeal is to be based. e , f the Key West •BATED at Key West, Florida,:this I lath day of Februaryy,1986. DANNY L.KOLHAGE 1 Clerk of the.Circuit Court paper publish at Key t in Monroe Cou2I of Monroe County,Florida and ex officio of the • i Board of County Commissioners •advertisement, beinga of Monroe County,Florida attached copy of i=eruary 14,28,1986 \ ��� Rfic=FIO�I`iL` tit INTENTION TO 1�-�. ^\• "�' \� I _ CONSIDER ADOPTION OF COUNTY1 ORDINANCE ` ERBY GIVEN ,WHOM IT MAY CONCERN that the in the matter of •-- 3rd hearing scheduled or Friday,! 12--Q2:)it\C-S)._ February 21, 1986 at 3:00 P.M. at the; �U, � _ Plantation Key Government Center,;..Plantation Key, Monroe County, Florida, has been cancelled, and the ,-�o^ 3rd hearing is now re-scheduled to ; �l"v \ March 7, 1986, at 3:00 P.M. at the: ,Marathon Sub-Courthouse, Marathon, ' 'Monroe County, Florida, for the Board1% C-1CIAAA-kli ((�L . • of County Commissioners of Monroe > ®1�w- • •County, Florida, to consider the adoption of the following County or- dinance: ORDINANCE NO. -1986' AN ORDINANCE REPEALING THE was published in said newspaper in the is�'- p THROUGH 6-194 SECTIONS. MONROE 177 COUNTY CODE; CREATING NEW / .1 . o p — ARQ SECTIONS 6-177 THROUGH 6-197; TIVE f \J1JJJ Cl (� PROVIDING A LEGISLATIVE T" I _', :PURPOSE; PROVIDING FOR, ; +-•, DEFINITIONS; ADOPTING THE - -_ -FEDERAL EMERGENCY Affiant further says that the said Z _-: 'MANAGEMENT AGENCY MAPS • -;_- SHOWING AREAS OF SPECIAL a newspaper published at Key West, in Sal'': ' •FLOOD HAZARD; REQUIRING 1, and that the said newspaper has heretofoz. :.r CERTAIN PERMIT AAPPLI TION ANTS '• i DESIRING TO BUILD IN AREAS OF lished in said Monroe County, Florida, eo:;1 SPECIAL HAZARD: - PROVIDING ;) _ -, FOR CERTAIN CQNSTRUCTI9.N and has been entered as second class mail ' STANDARDS FOR STRUCTURES •-ce ERECTED IN THOSE ZONES; j in Key West, in said Monroe County, Flora ';`. PROVIDING FOR DUTIES AND year next preceeding the first publicati� -_• DI RESPONSIBILITIES ECTOR OF POFNN NG of advertisement; and affiant further saa -. BUILDING AND ZONING IN Lid nor promised any person, firm or corpora-F. = REGARD WITHIN SUCCHH CONSTRUCTION , SPECIAL FLOOD HAZARD ZONES; PROVIDING FOR commission or refund for the purpose of s RULES OF INTERPRETATION OF :nt DISTRICT BOUNDARY for publication in the said newspaper. LINES;PROVIDING FOR __ _ VARIANCES IN CERTAIN CIR- --- - f'J��-i SCALE ���R�D� CUMSTANCES FROM THE AP- PLICATION OF THIS ARTICLE; ; PROVIDING FOR APPEALS OF • C� :_)�1irUGENEF.E+L[I\LSURAN 9 •:'1 J ADMINSTRATIVE DECISIONS MADE UNDER THIS ARTICLE; (SEAL) REQUIREMENTS OF THIS ARTIVIDING THAT CLE . SHALL BE CUMULATIVE TO ALL • OTHER EXISTING LAWS AND - SWORN; 'D SUBSCRIBED efore me this 3.. ORDINANCES TOUCHING ON ANY OF - • • SPECIAL FLOOD HAZARD ANN IN D NOT PREEMPTIVE; PROVIDING FOR ( CC COMPLIANCE; REPEALING • NOT PUBL SPECIAL LAWS IN CONFLICT WITH i THIS ARTICLE TO THE EXTENT OF CONFLICT WITH THIS ARTICLE TO THE EXTENT OF CONFLICT; PROVIDING FOR ' GRAND- FATHERING; PROVIDING FOR PROHIBITION ON BASEMENTS AND FOR CERTAIN BELOW FLOOR - -- ..me. oonv,nlNG Cno ICE OF INTENTION PROOF OF PUBLIC • COUNTY ORDINANCE r •- NOTICE IS HEREBY GIVEN TO WHOM IT-"MAY CONCERN' f that 3 o00n FPidy-,a Jta;Air yM 2a4r,a1t9h8o6n,! • THE FLORIDA KEYS KEYNOTER Mo; e County lior.,Marathon da a Friday February 7 1986 at 3:00 P.M.In; -Courtroom 1'B" Monroe County' Published Weekly '- Courthouse.Annex -500 White-; 'head Street, Key Vilest,Monroe • County, nd on Friday MARATHON, MONROE COUNTY, FLORIDA , ! thFee Plantatio21;n Florida,�e at 3:o eimm nt the Piantaflon ion Ke vernme e CenTer, Plantation Key,Monroe! County, Florida, the Board of i r,County Commissioners of.Mon- roe County, Florida, Intends too consider the adoption of the fot Iowing.County ordinance: ORDINANCE STATE OF FLORIDA ) NO.-1986 ,. ,AN ORDINANCE RE--'-. .PEALING THE CURRENT COUNTY OF MONROE ) - SECTIONS 6-177 THROUGH • 6-194-OF THE MONROE . `- COUNTY CODE• CREAT- •':',ING NEW SECTIONS 6-177 THROUGH 6-197• PROVID- ING A LEGISLATIVE PUR- POSE:. 'PROVIDING FOR Before the undersigned authority personally appeared MARY LOU NEISH DEFINITIONS EDERALDEMER GENCY MANAGEMENT AGENCY MAPS SHOWING that he is_ OFFICE MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspa FLOOD •HAZARD EC RE RE- QUIRING CERTAIN IN- • FORMATION FROM - BUILDING PERMIT AP- Monroe County, Florida; that-the attached copy'of-advertisement;being-a-- -AD -T-ON--f�-F--=n PLICANTS DESIRING TO I:— — - BUILD IN AREAS OF SPE- CIAL'CTY. FLOOD HAZARD DISTRICT !NGLFORZCERTAIIN CON- D- IN THE MATTER OF STRUCTION STANDARDS • FOR STRUCTURES ERECTED -IN THOSE • • ZONES; PROVIDING FOR DUTIES AND RESPONSI- BILITIES OF THE DIREC- - ' • DEC . 26 , 1985 TOR OF PLANNING newspaper in the issues of BUILDINGRA TO CONSTRUC TION WITHIN SUCH SPE- C• IAL FLOOD• .HAZARD Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- ZONES; PROVIDING FOR. RULES OF INTERPRETA- ' TION OF DISTRICT • BOUNDARY LINES; PRO • - thou, in said Monroe County, Florida,and that the said newspaper has heretofore been continuously VIDING FOR VARIANCES IN CERTAIN CIRCUM- • STANCES FROM THE AP- published in said Monroe County, Florida, each week (on Thursday)and has been entered as second CLICATION OF THIS A R II- PEALS OF-ADMINISTRA- TIVE DECISIONS MADE class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one UNDER THIS ARTICLE,. PROVIDING THAT THE REQUIREMENTS• TI OF THIS year next preceding the first publication of the attached copy of advertisement;and affiant further MULATIVE TO ALL OTHER EXISTING LAWS TOUCHING ORDINANCES . says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, com- STRUCTION IN AREAS OF SPECIAL FLOOD HAZARD AND NOT PRE-EMPTIVE; - PROVIDING FOR COMPLI • - mission or refund for the purpose of securingthis advertisement for publication in the said newspaper. ANCE- RE EnAi INGC SE- CT - • WITH THIS ARTICLE TO THE EXTENT OF CON- FLICT,' PROVIDING FOR GRANFATHERING; PROVIDING FOR A PRO- . HIBITION ON BASEMENTS - • AND. FOR CERTAIN ' • BELOW FLOOR USES; . PROVIDING FOR SEVER- . ABILITY;PROVIDING FOR - (SEAL) INCORPORATION COUNTY CODECODE OF ORDINANCES; • ��( AND PROVIDING FOR AID SWORN-TO AND SUBSCRIBED BEFORE ME THIS -J - EFFECTIVE DATE. . Pursuant to Section 286.0105, Florida Statutes, notice Is given ���� that If a person decided to ap- peal DAY OF �� A.D. 19 ayd nay dech ision made to mae, zif' � 1� ter considered at such hearings [lr�ct�.( - or of the he will need a that, fordor of the proceedings,and need for Such purpose, b may need to ensure that a verbatim record • of the proceedings is made, NOTARY PUBLIC STATE OF FLORIDA which record includes the testi • - . MY COMMISSION EXP. FEB 17,1B89 heappea I and s tobectased� which' BONDED• THRU 4EfiFRtll, �!'i$. Uil�. DATED at Key West, Florida' this 20th day of December-1986. . DANNY L.KOLNAGE1 • Clerk of the Circuit Court • of Monroe County,Florida! an ex officio Clerk of the •• • Board,f onroe County,sFloriedel Publish:Dec.26,198S i Florida Keys Keynoter i • NOTICE TENTION TO CONSIDER • ADOi�F COUNTY ORDINANCE PROOF OF PUBLICIIIII NOTICE IS HE r v N TO WHOM IT MAY CONCERN that on Friday.January 24, 1986,at 3:00 P.M. at the Marathon Sub-Court- house,Marathon,Monroe County,Florida,Friday,February 7,1986 at 3:00 P.M.In Courtroom 18",Monroe County Courthouse Annex,500 Whitehead Street,Key West,Monroe County,Florida,and on Friday, THE FLORIDA KEYS K E Y N February Key,Monroe County,Florida,he Key and Government Commissioners of Monroe County, Florida; intends to consider the adoption of the following County ordinance: Published Weekly - ORDINANCE NO.-1986 AN ORDINANCE REPEALING:THE CURRENT SECTIONS 6-177 MARATHON, MONROE COUNTY, FLORI SECTIONS 619770ETHEM THROUGH ON6 197;'PROVID NG CODE; A LEGISLATIVE TINGG PURPOSE;PROVIDING FOR DEFINITIONS;ADOPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY MAPS SHOWING AREAS OF SPECIAL FLOOD HAZARD; REQUIRING CERTAIN INFORMATION FROM BUILDING PERMIT APPLICANTS DESIRING TO BUILD IN' AREAS OF SPECIAL HAZARD; PROVIDING FOR CERTAIN STATE OF FLORIDA ) CON- STRUCTION STANDARDS FOR STRUCTURES ERECTED-IN THOSE ZONES; PROVIDING.FOR DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PLANNING,BUILDING AND ZONING IN REGARD TO CONSTRUCTION WITHIN SUCH SPECIAL FLOOD HAZARD ZONES; COUNTY OF MONROE ) PROVIDING FOR RULES OF INTERPRETATION OF DISTRICT BOUN- DARY LINES; PROVIDING FOR VARIANCES IN CERTAIN.--CIRCUM- STANCES FROM THE APPLICATION OF THIS ARTICLE; ,PROVIDING FOR APPEALS OF ADMINISTRATIVE DECISIONS MADE UNDER THIS ARTICLE;PROVIDING THAT THE REQUIREMENTS OF THIS ARTICLE'- MaryLou SHALL BE CUMULATIVE TO ALL OTHER,EXISTING LAWS AND OR- Before the undersigned authority personally appeared DINANCES TOUCHING ON ANY CONSTRUCTION IN AREAS OF SPECIAL FLOOD HAZARD AND NOT PREEMPTIVE;PROVIDING FOR Office Manager COMPLIANCE;REPEALING.SPECIAL LAWS IN CONFLICT'WITH`THIS that he isof The FLORIDA KEYS KEYNOTER, ARTICLE TO THE EXTENT OF CONFLICT;PROVIDING FOR GRAND- - _ _ _ FATHERING;PROVIDING FOR A PROHIBITION ON BASEMENTS AND Not 1 TY PROVIDING OR INCORPORATION PINTTODITHE MONROE COUNTY Monroe County,Florida; that the attached copy'of advertisement, being a CODE OF ORDINANCES;AND PROVIDING FOR AN.EFFECTIVE DATE. Pursuant to section 2ee.0105,Florida Statutes;notice is given that if Consider Adoption of Ordinance IN THE MATTER OF person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings,he will need a record of the proceedIngs,and that,for such purpose,he may need to ensure that a verbatim record of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal is to be based. • DATED at Key West,Florida,this 20th day of December,.1986- newspaper in the issues of January 16 , 1 986 DANNY L.KOLHAGE • Clerk of the Circuit Court • Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper pub of Monroe County,Florida • Publish: and ex officio Clerk of the thon, in said Monroe County, Florida, and diet the said newspaper has heretofore bee Jan.16,1986 Board of County Commissioners monde Keys Keynoter of Monroe County,Florida published in said Monroe County, Florida, each week (on Thursday)and has been entered as secona - -- class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further . says that he has neither paid nor promised any person,.firm,or corporation.any discount, rebate, corn- • mission or refund for the purpose of securing this advertisement for publication in the said newspaper. • (:SEAL) • .SWORN TO AND SUBSSCIRIBED BEFORE ME THIS • /lv Q DAY OF /yl A.D. 19 • NOTARY PUBLIC STATE NY CONNIISSION EXP. FEFLORIDB 17,7d9O19E9 • BONDED WHRU GENERAL I'I', UfiD, • • • • • • • • • NOTICE OF INTENTION TO CONSIDER • IS I EN COUNTY ORDINANCE h '�_!!!!■■���� NOTICE IS EN TO WHOM IT MAY CONCERN that on • RF6OF OF PUBLIC • Friday, January 86, at 3:00 P.M. at the Marathon Sub- k Courthouse, Marathon, Monroe County, Florida, Friday, February-7,1986.at 3:00 P.M. In Courtroom "B••, Monroe County Courthouse Annex,500 Whitehead§treat,Key West,Monroe County,Florida,and on Friday February 21, 1986 at 3:00 P.M. at the Plantation Key • THE FLORIDA KEYS KEYN Government Center,Plantation Key,Monroe County,Florida,the Board of County Commissioners of Monroe County, Florida, Intends to consider the adoption of the following County ordinance: Published Weekly ORDINANCE NO. 1986 • AN ORDINANCE REPEALING THE CURRENT SECTIONS 6-177 .- THROUGH 6-194 OF THE MONROE COUNTY CODE;CREATING NEW MARATHON, MONROE COUNTY, FLORID SECTIONS 6-177 THROUGH 6-197; PROVIDING A LEGISLATIVE PURPOSE;PROVIDING FOR DEFINITIONS;ADOPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY MAPS SHOWING AREAS OF SPECIAL FLOOD HAZARD; REQUIRING CERTAIN INFORMATION FROM BUILDING PERMIT APPLICANTS DESIRING TO BUILD IN AREAS OF SPECIAL HAZARD; PROVIDING FOR CERTAIN CONSTRUCTION STANDARDS FOR STRUCTURES ERECTED IN STATE OF FLORIDA ) THOSE ZONES;PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PLANNING,BUILDING AND ZONING IN REGARD TO CONSTRUCTION WITHIN SUCH SPECIAL FLOOD HAZARD COUNTY OF MONROE ) ZONES;PROVIDING FOR RULES OF INTERPRETATION OF DISTRICT BOUNDARY LINES; PROVIDING FOR VARIANCES IN CERTAIN • CIRCUMSTANCES FROM THE APPLICATION OF THIS ARTICLE; PROVIDING FOR APPEALS OF ADMINISTRATIVE DECISIONS MADE UNDER THIS ARTICLE;PROVIDING THAT THE REQUIREMENTS OF THIS ARTICLE.SHALL BE CUMULATIVE TO ALL.OTHER EXISTING Before the undersigned authoritypersonallyappeared Mary Lou Ne i s LAWS AND ORDINANCES TOUCHING ON ANY CONSTRUCTION IN g PP AREAS OF SPECIAL FLOOD HAZARD AND NOT PREEMPTIVE: PROVIDING FOR COMPLIANCE; REPEALING SPECIAL LAWS IN'- that he is Office Manager CONFLICT of The FLORIDA KEYS KEYNOTER, a PROVIDING IFOR TH HGRANDFATHERING;PROVIDING IS ARTICLE TO THE EXTENT OF FOR A PROHIBITION ON BASEMENTS AND FOR CERTAIN BELOW FLOOR Notic USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR Monroe County, Florida; that the attached copy of advertisement, being aINCORPORATION INTO THE'MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Consider Adoption O f Ordinance--F Pursuant to Section 286.0105,Florida Statutes,notice Is given that if a IN THE MATTER OFperson decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings,he will need a record of the proceedings,and that,for such purpose,he may need to ensure that a verbatim record of the proceedings Is made,which record Includes the testimony and evidence upon which the appeal Is to be newspaper in the issues of• January 3 0 r 1 9 8 6 based. at Key West,Florida,this 20th day of December,1986. DANNY L.KOLHAGE • Clerk of the Circuit Court Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper publis • of Monroe County.Florida - • IPublish; and ex officio Clerk of the thon, in said Monroe County, Florida, and that the said newspaper has heretofore been i Jan•30,1986 • Board of County Commissioners • Florida Keys Keynoter of Monroe County,Florida published in said Monroe County, Florida, each week (on Thursday)and has been entered as second • class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further . says that he has neither paid nor promised any person,,firm,or corporation any discount, rebate, corn- mission of refund for the purpose of securing this advertisement for publication in the said newspaper. • - (SEAL). • _'SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF >L/4 -.-( A.D. 192 . NOTARY PUBLIC STATE OF FLORIDA • MY COMMISSION EXP. FEB 17,1989 EQNDED TNRU GENERAL INS. UND, NOTICE OF INTENTION TO CONSIDER • t ADOPTION or COUNTY ORDINANCE 1 + NOTICE IS HEREBY GIVkIN TO WHOM IT MAY CONCERN that on Friday, - i ( January 24, 1986, at 3:00,L.M. at the Marathon Sub-Courthouse, Marathon, ; • ' Monroe County,Florida,Friday,February 7,1986 at 3:00 P.M.in Courtroom"B", Monroe County Courthod;e Annex, 500 Whitehead Street;Key West, Monroe '' .County,Florida,and on'�dday,February 21,1986 at 3:00 P.M.at the Plantation 1 Key Government Center,Plantation Key,Monroe County,Florida,the Board of County Commissioners of Monroe County, Florida, intends to consider the i 4 adoption of the following County ordinance: r , ORDINANCE NO. -1986 } LI- i .•T AN ORDINANCE-REPEALING THE CURRENT SECTIONS 6-177 i ' THROUGH 6-194 OF THE MONROE COUNTY.CODE; CREATING NEW I ` SECTIONS 6-177 THROUGH 6-197;PROVIDING A LEGISLATIVE PURPOSE; Y/ PROVIDING FOR DEFINITIONS;ADOPTING THE FEDERAL EMERGENCY 1 MANAGEMENT AGENCY MAPS SHOWING AREAS OF SPECIAL FLOOD '' HAZARD; REQUIRING CERTAIN INFORMATION FROM BUILDING . , PERMIT APPLICANTS DESIRING TO BUILD IN AREAS OF SPECIAL 9 HAZARD;PROVIDING FOR CERTAIN CONSTRUCTION STANDARDS FOR I 1 STRUCTURES ERECTED IN THOSE ZONES; PROVIDING FOR DUTIES j AND RESPONSIBILITIES OF THE DIRECTOR OF PLANNING,BUILDING- AND ZONING IN REGARD TO CONSTRUCTION WITHIN SUCH SPECIAL } I FLOOD HAZARD ZONES; PROVIDING FOR RULES OF i INTERPRESTATION OF DISTRICT BOUNDARY LINES;PROVIDING FOR ' } VARIANCES IN CERTAIN CIRCUMSTANCES FROM THE APPLICATION Itl j OF THIS ARTICLE; PROVIDING THAT THE REQUIREMENTS OF THIS , ARTICLE SHALL BE CUMULATIVE TO ALL OTHER EXISTING LAWS 4 AND ORDINANCES TOUCHING ON ANY CONSTRUCTION IN AREAS OF I SPECIAL FLOOD HAZARD AND NOT PREEMPTIVE; PROVIDING FOR I COMPLIANCE;REPEALING SPECIAL LAWS IN CONFLICT WITH THIS p ARTICLE•TO`THE EXTENT OF CONFLICT; PROVIDING FOR _ GRANDFATHERING;PROVIDING FOR A PROHIBITION ON BASEMENTS 1} AND FOR CERTAIN BELOW FLOOR USES; PROVIDING FOR i SEVERABILITY;PROVIDING FOR INCORPORATION INTO THE MONROE ` COUNTY CODE OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE Y - DATE. • I Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person , •,� f decided to appeal any decision made by the Board with respect to any matter - considered at such hearings or meetings,he will need a record of the proceedings, and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. - DATED at,Key West,Florida,this loth day of December,1986. - - DANNY L.KOLHAGE Clerk of the Circuit Court • • of Monroe County,Florida an ex officio Clerk of the - Board of County Comet`ioners - of Monroe Count7,'r7orida c`_ - - Published:12/26/85,1/16,1/30,2/13/86 • The Reporter Tavernier,FL 33070 . q, • ' NOTICE OF INTENTION TO CONSIDER ADOPTION ' OF COUNTY ORDINANCE OTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, January 24, 1986, at 3:00 P.M. at the Marathon Sub-Courthouse, Marathon, Monroe County,Florida, f riday, February 7, 1986 at 3:00 P.M. in Courtroom "B", Monroe County Courthouse Annex, '500 Whitehead Street, Key West, Monroe County, Florida, and on Friday, February 21, 1986 at 3:00 P.1.{.at the Plantation Key Government Center, Plantation Key, • Monroe County, Florida, the Board of County Commissioners of Monroe ' County, Florida, intends to consider the adoption of the following County ' ordinance: ORDINANCE NO. -1986 . ' ORDINANCE REPEALING THE-" • THROUGH 6-194 OFTIONS THE MONROE .- - "-• `-- COUNTY CODE;CREATING NEW " SECTIONS -6-177 THROUGH 6-197; , L, PROVIDING A LEGISLATIVE ' ' 1 PURPOSE; PROVIDNG FOR DEFINITIONS; ADOPTING THE , _ . FEDERAL EMERGENCY MANAGEMENT AGENCY MAPS • SHOWING AREAS OF SPECIAL FLOOD HAZARD; REQUIRING ' CERTAIN INFORMATION FROM , BUILDING PERMIT APPLICATIONS 1 DESIRING TO BUILD IN AREAS OF ' , SPECIAL HAZARD; PROVIDNIjjI.G FOR ANDARDS AI FORN C STONSTRUCTION i RUCTURES TRUCTURES ERRECTED IN THOSE =ZONES; ,....1' •"' PROVIDING FOR • DUTIES AND ' RESPONSIBILITIES OF THE DIRECTOR OF PLANNING. 'BUILDING AND ZONING IN REGARD TO CONSTRUCTION ' WITHIN SUCH SPECIAL FLOOD HAZARD ZONES; PROVIDING FOR RULES OF INTERPRETATION OF DISTRICT BOUNDARY LINES; I PROVIDING FOR VARIANCES IN • CERTAIN CIRCUMSTANCES FROM THE APPLICATION OF THIS AR- TICLE; PROVIDING FOR APPEALS — MADE OF ADMINISTRATIVE DECISIONS PROVIDING • THAT UNDER THIS ARTITHE ' REQUIREMENTS OF THIS ARTICLE , SHALL BE CUMULATIVE TO ALL • OTHER EXISTING LAWS AND ORDINANCES TOUCHING ON ANY CONSTRUCTION IN -AREAS OF ' SPECIAL FLOOD HAZARD AND NOT PREEMPTIVE;COMPLIANCE; REPEALING RI I - ' SPECIAL LAWS IN CONFLICT WITH I J THIS ARTICLE TO THE EXTENT OF l GRAND ATHER NG;, CONFLICT; PROVIDING ' FOR A PROHIBITION ON BASEMENTS AND FOR CERTAIN , FORD N ORP OR -USES; ORATIONP INTO THEI--' MONROE COUNTY CODE OF OR- - DINANCES; AND PROVIDING FOR ' AN EFFECTIVE-DATE. I • Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person dece,ded to appeal any decision made by the Board with respect to any • matter considered at such hearings or Y`` meetings,_he will need a record of the - r proceedings, and that, for such pur- pose,•he may ne• vcrbatiim ecordEof to.the proceedings isl • made, which record includes the testimony and evidence upon which the ' appeal • o e ATEDat . Key West, Florida, this , 20th day of December,1986. DANNY L.KOLHAGE . Clerk of the Cirit Courtof Monroe County Florida i and ex officio Clerk of the Board of County Commissioners r —_ of Monroe County,Florida ) • i • s-ec.27,1985,Jan.17,31.Feb.14 1986. / c J, 1 PROOF OF PUBLICATION 7k~ BOX 11977 TAVERNIER7 FL. 33070 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authGrity personally appeared DAGNY WOLFF , who on oath, says that he is EDITOR & PUBlISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE r IN THE MATTER OF NOTTrF OF TNTFNTTON TO rONSIDfR in the Court, was published in said newspaper in the issues of 12-26-85 }& I-16} I-3D} 2-13-86 Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in sajd County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neitber paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper) 13TH --- " ~ ,;:);.< MY COMMISSION EXPIRES, THE KEY WEST CITIZEN Published Daily Key West, Monroe County, Flo~ida 33040 STATE OF FLORIDA) ss. COUNTY OF MONROE) Before the undersiged authority personally appeared......... ~ E Jlff~..5();J , who on oath says that he, is .......... ~~ ~/I/ ,,9f the Key West Citizen, a daily news- paper publ1shed at Key West in Monroe County, Florida; that the attached copy of advertisement, being a :..+___ #d~ in the matter of _ JLr~~/d)~ ~p/lJ was published in said newspaper in the issues of Ikc-, <.7~ /tft'S' /~ /~/~ /'Y%6 (rJ''/Y';/'Yfl6 e.4H'c-e~ Affiant further says that the said The Key West 'Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore; been continuously pub- lished in said Monroe County, Florida, each day (except Saturdays) / and has been entered as second class mail fatter at the Post Office in Key West, in said Monroe County, Florid, for a period of one year next preceeding the first publicatio of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporatipn any discount, rebate, commission or refund for the purpose of sepuring this advertisement for publication in the said newspaper. '~ (SEAL) I J.;)..- i day of FIfA, 19~6. CO~ISSION EXPIRES: Notary Pubfic, State 0' Florida My Commission EYites Aug. 1, 1989 I.o~d.d thru Troy ~ain - Insurance, In..~ SWORN AKD SUBSCRIBED before me this ~TA~1K~ RE-NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the 3rd hearing scheduled for Friday, February 21, 1986 at 3:00 P.M. at the Plantation Key Government Center, Plantation Key, Monroe County, Florida, has been cancelled, and the 3rd hearing hearing is now re-scheduled to March 7, 1986, at 3:00 P.M. at the Marathon Sub-Courthouse, Marathon, Monroe County, Florida, for the Board of County Commissioners of Monroe County, Florida, to consider the adoption of the following County ordinance: ORDINANCE NO. -1986 AN ORDINANCE REPEALING THE CURRENT SECTIONS 6-177 THROUGH 6-194 OF THE MONROE COUNTY CODE; CREATING NEW SECTIONS 6-177 THROUGH 6 -19 7; PROVIDING A LEGISLAT'ltVE PURPOSE; PROVIDING FOR DEFINITIONS; ADOPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY MAPS SHOWING AREAS OF SPECIAL FLOOD HAZARD; REQUIRING CERTAIN INFORMATION FROM BUILDING PERMIT APPLICANTS DESIRING TO BUILD IN AREAS OF SPECIAL HAZARD; PROVIDING FOR CERTAIN CONSTRUCTION STANDARDS FOR STRUCTURES ERECTED IN THOSE ZONES; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PLANNING, BUILDING AND ZONING IN REGARD TO CONSTRUCTION WITHIN SUCH SPECIAL FLOOD HAZARD ZONES; PROVIDING FOR RULES OF INTERPRETATION OF DISTRICT BOUNDARY LINES; PROVIDING FOR VARIANCES IN CERTAIN CIRCUMSTANCES FROM THE APPLICATION OF THIS ARTICLE; 'PROVIDING FOR APPEALS OF ADMINISTRATIVE DECISIONS MADE UNDER THIS ARTICLE; PROVIDINIG THAT THE REQUIREMENTS OF THIS ARTICLE SHALL BE CUMULATIVE TO ALL OTHER EXISTtNG LAWS AND ORDINANCES TOUCHING ON ANY CONS~RUCTION IN AREAS OF SPECIAL FLOOD HAZARD AND NOT PRE- EMPTIVE; PROVIDING FOR COMPLIANCE; REPEALING SPECIAL LAWS IN CONFLICT WITH THIS ARTICLE TO THE EXTENT OF CONFLICT; PROVIDING FOR GRAND- FATHERING; PROVIDING FOR A P~OHIBITION ON BASEMENTS AND FOR CERTAIN BELOW FLOOR USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE MONROE C~UNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. DATED at Key West, Florida, this 14th day of February, 1986. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL)