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Ordinance 003-1975 ORDINANCE ID. 3-1975 . AN ORDINANCE REGULATING DEVELOPMENT WITHIN FLOOD HAZARD DISTRICTS WITHIN THE COUNTY OF IDNRDE, FLORIDA; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; PROVIDING DEFINITIONS; REQUIRING BUILDING PERMITS WITHIN COASTAL FLOOD HAZARD DISTRICTS; PROVIDING FOR REVIEW OF BUILDING PERMITS, SUBDIVISION PROPOSALS AND WATER AND SEWER SYSTEMS TO INSURE PROTECTION FROM FLOOD DAMAGE; SETrING STANDARDS FOR DEVELOPMENT WITHIN COASTAL FLOOD HAZARD DISTRICTS; PROVIDING FOR COUNTY WIDE APPLICATION; PROVIDING FOR ENFORCEMENT; PROVIDING RIJLES FOR INTERPRETATION OF DISTRICT BOUNDARIES; PROVIDING RULES FOR INTERPRETATION; PROVIDING FOR VARIANCES AND ESTABLISHING A VARIANCE PROCEDURE; GIVING WARNING AND DISCLAIMER OF LIABTI..ITY; PROVIDING FOR SEVERABILITY; PROVIDING PENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DA~ BE IT ENACTED by the County Commission of the County of Monroe, Florida: Section 1. Statement of legislative intent. The coastal areas of Monroe County, Florida, are subject to flooding, resulting in danger to life, loss of property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. The County Commission at their meeting held at the County Court House in Key West, Florida, June 11, 1974, passed unanimously Ordinance 412-1974 and by their action duly expressed willingness to take action necessary to meet the objectives of the National Flood Insurance Act of 1968. Section 2. Definitions. For the purpose of this Ordinance, the following definitions shall apply: (a) "Special Flood Hazard District", (hereinafter referred to as SFH District), means those portions of Monroe County, Florida, subject to flooding or erosion from abnormally high tidal waters resulting from severe storms or hurricanes. Said SFH District shall be comprised of those areas designated A8 and A14 upon the official Flood Hazard Boundary Map issued and approved by the Federal Insurance Administrator dated July 1, 1974, and as the same may, from time to time, be amended by the Federal Insurance Administrator. (b) Special Flood Hazard with Velocity Districts, (hereinafter referred to as SFHV Districts) means those portions of Monroe County, Florida, subject to flooding or erosion from abnormally high tidal waters and wave velocities resulting from severe storms or hurricanes. Said SFHV Districts shall be comprised of those areas designated V8, V10, V11, V13, and V14 upon the official Flood Hazard Boundary Map issued and approved by the Federal Insurance Administrator dated July 1, 1974, and as the same may, from time to '.time,' be amended by the Federal Insurance Adminiscrator. (c) ''Flood or Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from abnormally high . tidal water or rising coastal waters resulting from severe storms, hurricanes, or tsunamis. (d) "Floodproofing" means stnlctural and non-stnlctural additions, changes or adjustments (other than elevating) to structures and utilities which reduce or elllninate flood damage to water supply and sanitary sewage facilities, stnlctures, and cont,ents of buildings, and includes, by way of illustration, but is not ltmited to the following measures: 1. Anchorage to resist flotation and lateral movement. 2. Installation of watertight doors, bulkheads, and shutters, or stmilar methods of constnlction to protect against winds, wave action, or flood waters. 3. Reinforcement of walls to resist water pressures. 4. Use of paints, membranes, or mortars to reduce seepage of water through walls. 5. Addition of mass or weight to stnlctures to resist flotation. 6. Installation of pumps to lower water levels in stnlctures. 7. Construction of water supply and waste water treat- ment and disposal systems so as to prevent or minimize infiltration of flood waters. 8. Pumping facilities or comparable practices for sub- surface drainage systems for buildings to relieve external foundation wall and basement flood pressures. 9. Construction to resist rupture or collapse caused by water pressure on floating debris. 10. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or stnlctures. Gravity draining of basements may be elllninated by mechanical devices. 11. Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood. 12. Location of any structural storage facilities for chamicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately flood proofed to prevent flo- tation of storage containers, or damage to storage con- tainers which could result in the escape of toxic materials into flood waters. (e) "Regulatory Flood" (also herein referred toas the 100 year flood) means the level of flooding that, on the average, is likely to be equaled or exceeded once in any 100-year period, i.e., that has a one-percent chance of -2- AIP . '. occurring in an ar. This 111,1 of flooding the County . nroe, Florida, has been established per the Flood Insurance Administration Flood Hazard Boundary Map dated July 1, 1974, as eight(8) feet above mean sea level to twelve(12) --feet above mean sea level as designated on the official Flood Hazard Boundary Maps. (f) "Substantial improvement" means any repair, re-construction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (e) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. (g) "Structure" means anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings, walls, fences, signs, light standards, towers, tanks, etc. (h) "Accessory building" means a secondary residence, garage, or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servant's quarters unless prohibited by existing deed restrictions. (i) "Residential". The term "residential" or "residence" 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. (j) "Basement" means that portion of a building between floor and ceiling, which is so located that one-half or more of the clear height from floor to ceiling is below grade. Section 3. Development in either SFH or SFHV Districts. The County official responsible for the administration and enforcement of this ordinance shall to the extent not otherwise prohibited by Sections 4 and 5, with respect to development within SFH and GFH Districts: 1. Require building permits for all proposed construction or other improvements within said districts; and 2. Review building permit applications for repairs within said districts to determine that the proposed repair (i) uses construction materials and utility equipment that are resistant to flood damage and (ii) used construction methods and practices that will minimize flood damages; and 3. Review building permit applications for new construction or substantial improvements within said districts to assure that the proposed construction (including prefabricated and mobile homes) (i) is protected against flood damage, (ii) is de- signed or modified and anchored to prevent flotation, -3- (IIII/ • co apse or later movement of th structure, uses construction materials and utility equipment that are resistant to flood damage, and also uses construction methods and practices that will minimize flood damage; and 4. Review subdivision proposals and other proposed new develop- ments to assure that (i) all such proposals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, or constructed to minimize or eliminate flood damage, and, (iii) adequate drainage is provided so as to reduce exposure to flood hazards; and 5. Require new or replacement water supply systems and treatment plants and sanitary sewage plants and systems to be designed to minimize or eliminate infiltration of flood waters into the systems and plants and discharges from the systems and plants into flood waters, and require onsite waste water disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. • Section 4. Development within SFH Districts. (a) Buildings located in SFHV or "V" Districts must have their lowest floor elevated to the level of the 100-year flood. The space below must be kept free of obstructions, but may be covered with breakaway panels and used for parking and temporary storage. Elevated structures shall be serviced by electrical and mechanical equipment that is also elevated to or above the level of the 100-year flood. Panel boards and a disconnect switch must be located above the 100 year flood level. House sewer and storm drainage systems that extend below the 100 year flood level shall be provided with automatic back flow valves or devices installed at the point where the line passes an exterior wall or slab. (b) Mobile Homes. All mobile homes in new mobile home parks, in expansions to existing mobile home parks and new mobile homes not in a mobile home park, located within the SFHV, SFH, "A" and "V" zones must be elevated to the 100-year level. A mobile home within a park can be replaced without being elevated to the 100-year level as long as the park itself was in existence before the 100 year level had been determined. If a mobile home is placed in an established park after the 100-year level is known, the County must require that the mobile home owner or lessee have the fact disclosed to him in a deed or 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. (c) Existing uses located on land in SFHV, SFH, "A" or "V" Districts which is below the elevation of the regulatory flood shall not be expanded and no building permit referred to in Section 3 of this Ordinance may be issued) -4- 111 • therefore, unless the provisions of sub-section (a) hereof are complied with; how- ever, this shall not preclude routine maintenance of existing structures or improvements thereto which are less than substantial improvements, as herein defined, and which do not increase the physical size of said structure. Section 5. Development within SFH or "A" Districts. Non-residential structures, multi-family structures and motels located in a SFH or "A" District may make use of the space below the 100-year flood level for equipment and non-living areas, under the condition that they be floodproofed up to the level of the 100-year flood, that is, electrical equipment may be located below the level of the 100-year flood if it is protected in a waterproof vault or is of the submersible type. An office, bath, utility room, storage or laundry may be located below the level of the 100-year flood if their omission would cause extreme hardship and if they will be floodproofed. How- ever, proper recognition should be given to the existing flood hazard, and investment below the level of the 100-year flood should be minimized. A U.S. Corp of Engineer Manual, "Floodproofing Regulations" should be referred to in order to facilitate design and detailing of floodproof construction. Section 6. Site Utility Lines. Site Utility lines shall be made waterproof as far as possible to eliminate infiltration of flood waters into the system and discharges from the system into flood waters. Joints between sewer drain tile shall be sealed with caulking, plastic, or rubber gaskets and all manhole covers shall be sealed in a similar manner. Section 7. Accessory Buildings. Nothing herein shall be construed to exclude accessory buildings from the provisions of this Ordinance. Section 8. Application of Ordinance. (a) This ordinance shall apply to and be enforced in all the un- incorporated areas of Monroe County, Florida. (b) Those maps referred to in Section 2 (a) and (b) together with all explanatory matter thereof are herehy adopted by reference and are declared to be part of this ordinance; and shall be kept on file, available to the public, in the offices of the Monroe County Building & Zoning Department. Section 9. Enforcement. The Director of the Monroe County Building & Zoning Department shall administer and enforce this ordinance. -5- MEI i • i Section 10. Rules for Interpreting District Boundaries. The boundaries of the flood hazard districts shown on the official Flood Hazard Boundary Maps may be determined by scaling distances. Required interpretations of those maps for precise locations of said boundaries shall be made by the Director of the Monroe County Building & Zoning Department. Section 11. This Ordinance shall supercede any conflicting ordinance, building code, or any other regulation to the extent that this ordinance imposes more stringent requirements for the use or development of any lands or structures within SFH and SFHV Districts. It is not intended to repeal, modify, or change any ordinance, building code or other regulation except as herein stated. Section 12. Interpretation. The provisions of this ordinance shall be liberally construed in favor of the County of Monroe, Florida, in order to effectuate the purposes herein stated. Section 13. Variances. (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 these regulations. Such Board is admonished that in granting any variances hereunder, it must consider the purposes of the National Flood Insurance Program, as specified in Title 24, Code of Federal Regulations, Chapter 10, subchapter B, Parts 1909, et seq. Further, such Board shall con- sider 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 Monroe County, and therefore, variances should be granted with extreme caution. (b) The Board may grant variances from the terms of this ordinance 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 substantial justice done: provided that the variance will be in harmony with the general purpose and intent of this ordinance and that the same is the minimum variance that will permit the reasonable use of the premises. (c) Variances may be granted only upon the following conditions. (1) A new structure is to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection elevation or -6- (2) If an official historic structure located below the minimum level is to be restored or re-constructed. A variance may only be issued if good and sufficient cause exists for granting it or if failure to grant the variance would result in exceptional hardship to owners of the land. In all circumstances, as a matter of policy, variances may only be issued if the County requires that a notice be placed on the deed to the property stating that the proposed construction will be located in a flood prone area. In the case of a variance for new construction or substantial improvement for which construction is to be started after December 31, 1974, and which is located in an area designated on an effective Flood Insurance Rate Map as having special flood hazards, the notice must contain a statement of the number of feet that the lowest non-floodproofed floor of the proposed structure will be below the 100-year flood level and that actuarial flood insurance rates increase as the first floor elevation decreases. In all cases the County must notify the Administrator of the issuance of the variance in writing, including written notification documenting the justification fir the issuance. A copy of the notification should be sent to the State Coordinating Agency. (d) Review and Appeal. Review and appeal of any such decision by the County Commission shall be by petition to the Circuit Court for relief. Section 14. Warning and Disclaimer of Liability. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific studies. Larger floods may occur. This ordinance shall not be deemed to imply that areas inside or outside designated flood hazard districts will be entirely free from flooding or flood damages, and shall not create liability on thepart of Monroe County or any officer or employee thereof for any flood damages that results from reliance on this ordinance of any administrative decision lawfully made thereunder. Section 15. Penalties for Violation. (a) Willful violations of the provisions of this ordinance or failure to comply with any requirements hereunder (including violations of conditions established in connection with any variances) shall constitute a misdemeanor, punishable by fine or not more than $500 or imprisonment for not more than 60 days or both. Each day such violations continues shall be considered as a separate offense. -7- (b) Notwithstanding the provisions of subsection (a) , the official responsible for the enforcement of the provisions of this ordinance may secure enforcement hereof by any legal action necessary, such as application to any court for injunctive relief, revocation of any building permit issued hereunder or other appropriate means. Section 16. It is the intention of the County Commissioners and it is hereby ordained that the provisions of this ordinance shall become part of Plat Filing Law of Monroe County 1973. Section 17. Provisions of this ordinance shall not apply to those buildings for which a building permit has been issued and is in effect or for which proper and complete applications and plans have 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. Section 18. All special laws, Ordinances, Resolutions, Rules and Regulations in conflict herewith are hereby repealed to the extent of said conflict. Section 19. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknowledging receipt of certified copy of this ordinance and that said ordinance has been filed in said office. • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, March 25, 1975, at 2:00 P,M, at the Monroe County Courthouse Annex, Key West, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1975 AN ORDINANCE REGULATING DEVELOPMENT WITHIN FLOOD HAZARD DISTRICTS WITHIN THE COUNTY OF MONROE, FLORIDA; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; PROVIDING DEFINITIONS; REQUIRING BUILD- ING PERMITS WITHIN COASTAL FLOOD HAZARD DISTRICTS; PROVIDING FOR REVIEW OF BUILDING PERMITS, SUB- DIVISION PROPOSALS AND WATER AND SEWER SYSTEMS TO INSURE PROTECTION FROM FLOOD DAMAGE; SETTING STANDARDS FOR DEVELOPMENT WITHIN COASTAL FLOOD HAZARD DISTRICTS; PROVIDING FOR COUNTY WIDE APPLICATION; PROVIDING FOR ENFORCEMENT; PROVIDING RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES; PROVIDING RULES FOR INTERPRETATION; PROVIDING FOR VARIANCES AND ESTABLISHING A VARIANCE PROCEDURE; GIVING WARNING AND DISCLAIMER OF LIABILITY; PRO- VIDING FOR SEVERABILITY; PROVIDING PENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE, DATED at Key West, Florida, this 3rd day of March, A.D, 1975. RALPH W, WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida, (SEAL) Publish: Wednesday, March 5, 1975, DEPARTMENT OF STATE BRUCE A. SMATHERS SECRETARY OF STATE April 4, 1975 Honorable Ralph W. White Clerk of Circuit Court Monroe County Post Office Box 1680 Key West, Florida 33040 Dear Mr. White: STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of Monroe County Ordinance No. 75-3, which was received and filed in this office on April 4, 1975. Kindest regards. NK/mb Cordially, BRUCE A. SMATHERS Secretary of State Byl1~ .. (Mrs.) ~ancy I~~anaugh Chief, Bureau of Laws