Ordinance 039-2000
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ORDINANCE NO. 039-2000
AN ORDINANCE AMENDING ORDINANCE NO. 2-1994; AND
INCORPORATING SECTIONS 9.5-125 THROUGH 9.5-127 INTO
SECTION 9.5-316 AND 9.5-318; AND MODIFYING THE VARIOUS
SECTIONS OF THE MONROE COUNTY CODE LISTED BELOW;
SECTION 9.5-315 WHICH PROVIDES PURPOSE AND INTENT;
SECTION 9.5-316.1 WHICH PROVIDES GENERAL PROVISIONS;
SECTION 9.5-316.1 (c) WHICH PROVIDES RULES FOR
INTERPRETING FLOOD HAZARD ISSUES; SECTION 9.5-316.2
WHICH PROVIDES FOR PERMIT REQUIREMENTS; SECTION 9.5-
317(b)(1)d. WHICH DEALS WITH ENCLOSING AREAS BELOW
BASE FLOOD ELEVATION; SECTION 9.5-317b(4) WHICH DEALS
WITH MANUFACTURED HOMES AND SECTION 9.5-318 WHICH
PROVIDES FOR VARIANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HERWITH; PROVIDING FOR INCORPORATION
INTO THE MONOROE COUNTY CODE; AND DIRECTING THE
CLERK OF THE BOARD TO FORWARD A CERTIFIED COPY OF
THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The County Commission at their meeting held at the County Courthouse in Key West,
Florida, June 11, 1974, passed unanimously Ordinance 2-1974 and by their action duly expressed
willingness to take action necessary to meet the objectives of the National Flood Insurance Act of 1968;
and
WHEREAS, the latest floodplain maps were adopted by Monroe County on June 5th, 1989; and
WHEREAS, there are now certain new issues and need for additional detail regarding the sections
9.5-316 and 9.5-317 of the floodplain management ordinance; and
WHEREAS, Section 9.5-125 through 9.5-127 related to floodplain regulations need to be
incorporated into the floodplain management ordinance; and
WHEREAS, the Monroe County Planning Commission sitting as the local planning agency, after
due notice and public participation, has reviewed the proposed amendments and recommends
approval; and
WHEREAS, the Board of County Commissioners examined the Sections 9.5-315, 9.5-316 and
9.5-317 of the Land Development Regulations concerning amendments to the Floodplain Management
Ordinance submitted by the Monroe County Growth Management Division and recommended by the
Monroe County Planning Commission; and
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WHEREAS, The Monroe County Board of County Commissioners hereby supports the decision of
the Planning Commission and recommendations of the Growth Management staff; and
WHEREAS, it is the desire of the Board that the following amendments to the land development
regulations be approved, adopted and transmitted to the state land planning agency for approval; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT:
Section 1.
Sections 9.5-125 and 9.5-126 are deleted and the provisions of these sections are
incorporated as new Section 9.5-316.2 below.
Section 2.
Section 9.5-127 is deleted and provisions of this section are incorporated as new Section 9.5-
318 below.
Section 3.
Sections 9.5-315, 9.5-316 and 9.5-317 of the Monroe County Code is amended to read as
follows:
Section 9.5-315 Purpose and Intent.
It is the purpose of the floodplain management provisions to promote the public health, safety
and general welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(a) Restrict or prohibit uses which are dangerous to health, safety and property due to water
or erosion hazards, or which result in increases in erosion or in flood heights or velocities;
(b) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(c) Control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of floodwaters;
(d) Control filling, grading, dredging and other development which may increase erosion or
flood damage;
(e) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands;
(1) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(g) To minimize prolonged business interruptions;
(h) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, and streets and bridges located in floodplains;
(i) To help maintain a stable tax base by providing for the sound use and development of
flood-prone areas in such manner as to minimize future flood blight areas; and
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Section 4.
(j) To ensure that potential home buyers are notified that the property is in a floodplain area.
The board of county commissioners deem it in the best interest of its citizens that prudent
measures be taken to minimize the potential pUblic and private loss due to flooding. It is the
intent of the board of county commissioners that the county at all times be eligible for, and
receive, the benefrt of participation in the National Flood Insurance Program. It is therefore
the intent of the board that the provisions of this division be strictly adhered to in all areas of
special flood hazard within the jurisdiction of unincorporated Monroe County.
Section 9.5-316 is reorganized into Section 9.5-316.1 and 9.5-316.2 with amended language
to read as follows:
Section 9.5-316.1 General Provisions.
(a) Applicability: No structure or manufactured home hereafter shall be located, extended,
converted or structurally altered without full compliance with the terms of this division in
addition to other applicable regulations of this chapter.
(b) Adoption of Maps: The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in its Flood Insurance Study and Wave Height
Analysis for Monroe County, Florida, Unincorporated Areas, dated October 17,1989, or the
most current official maps approved by FEMA, with accompanying maps and other
supporting data, and any revisions thereof, are adopted by reference and declared to be a
part of this division, and shall be kept on file, available to the public, in the offices of the
county planning development.
(c) Rules for Interpreting Flood Hazard Issues: The boundaries of the flood hazard areas
shown on the official flood insurance rate maps may be determined by scaling distances.
Required interpretations of those maps for precise locations of such boundaries shall be
made by the Floodplain Administrator, in consultation with the building official. In interpreting
other proviSions of this division, the building official shall be guided by the current edition of
FEMA's 44 CFR, and FEMA's interpretive letters, policy statements and technical bulletins as
adopted by resolution from time to time by the board of county commissioners. Additionally,
the building official shall also obtain, review and reasonably utilize any base flood elevation
and f100dway data available from a federal, state or other source, as criteria for requiring that
new construction, substantial improvements, and other developments meet the criteria
required in the appropriate flood zone.
Where the phrase "substantial improvement" appears in this division, it shall have the
meaning "any repair, reconstruction, rehabilitation, or other improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure either, (a) before
the improvement or repair is started, or (b) if the structure has been damaged, and is being
restored, before the damage occurred.
For the purpose of this division, "market value" shall be the Monroe County Property
Appraiser's depreciated value of the structure plus twenty (20) percent. The use of a cost
approach appraisal for determination of market value may be used, if such cost approach
appraisal is prepared by a certified professional and such cost approach appraisal is
submitted to and approved by the Construction Board of Adjustment and Appeals. Such
individuals shall be required to possess certification as State Certified Residential Appraisers
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for appraising one to four family residential properties and State Certified General Appraisers
for all other properties including commercial and multi residential. Copies of all
appraisals shall be forwarded to the office of the county property appraiser.
For the purposes of this division, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either (1) any projects for
improvement of a structure to correct existing violations of State or local health,
sanitary, or safety codes specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions or (2) Any alteration of a "historic structure" listed on the National Register
of Historic Places, the state inventory of historic places or any inventory of local
historic places, provided that the alteration will not preclude the structure's continued
designation as a "historic structure". Substantial improvements only apply to
structures whose initial construction began prior to January 1, 1975, or structures
rendered noncompliant by a revised flood insurance rate map. All applications
deemed substantial or non substantial must be approved by the floodplain
administrator, director of growth management, or the building official/director.
Section 9.5-316.2
Pennit Requirements
(a) The county building official shall require building permits for all proposed construction or
other improvements within areas of special flood hazard. In addition to the standard
requirements for a building permit, an application for a building permit for construction or
improvements within areas of special flood hazard shall contain the information and
certifications set forth in a form provided by the director of planning.
(b) The developer shall provide a floor elevation after the lowest floor is completed or, in
instances where the structure is subject to the regulations applicable to coastal high-hazard
areas, after placement of the lowest horizontal structural members of the lowest floor.
Floodproofing certification shall be provided prior to a certificate of occupancy or prior to final
inspection.
(c) Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or
upon placement of the lowest horizontal structural members of the lowest floor, whichever is
applicable, it shall be the duty of the permit holder to submit to the building official a
certification of the elevation of the lowest floor or the lowest portion of the lowest horizontal
structural members of the lowest floor, whichever is applicable, as built, in relation to mean
sea level. Such certification shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and certified by same. When f1oodproofing
is utilized for a particular building, the 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-day period and prior to submission of the certification shall be at the
permit holder's risk. The building official shall review 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 the corrections required hereby shall be causes to issue
a stop-work order for the project.
(d) Warning and Disclaimer of Uability: The degree of flood protection required in this division
is reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This division does not imply that land outside the
areas of special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This division shall not create liability on the part of Monroe County or any
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officer or employee thereof for any flood damages that result from reliance on this division or
any administrative decision lawfully made thereunder.
(e) "Manufactured Home" Defined: For the purposes of this division only, a "manufactured
home" means a structure, transportable in one (1) or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for one hundred eighty (180) consecutive
days or longer and intended to be improved property.
(f) "Recreational Vehicle" Defined: A recreational vehicle means a vehicle which is: (a) built
on a single chassis; (b) 400 square feet or less when measured at the largest horizontal
projection; (c) designed to be self propelled or permanently towable by a light duty truck; and
(d) designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel or seasonal use.
(g) "Elevated Building" Defined: An elevated building means for insurance purposes, a
nonbasement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
{h) "Enclosure" Defined: An enclosure is defined as that portion of an elevated building
below the lowest elevated floor that is either partially or fully shut in by rigid walls and used
solely for limited storage, parking or entryways. Enclosures shall not be constructed, equipped
or used for habitational purposes.
(i) "Development" Defined: For the purposes of this division only, development means any
manmade 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 or storage of equipment or materials.
(j) "Finishing Materials" Defined: Finishing materials means anything beyond basic wall
construction.
Section 9.5-317 is amended to read as follows:
Section 9.5-317.
flood hazards.
Standards for issuance of building pennits in areas of special
(a) Generally: No building permit for proposed construction within an area of special flood
hazard shall be granted unless the proposed construction is in compliance with the standards
set forth in this division. In all areas of special flood hazard, the following standards apply:
(1) All new construction and substantial improvements shall be adequately anchored by
pilings or columns to prevent flotation, collapse or lateral movement of the structure. No fill
shall be used for structural support.
(2) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
(3) All new construction and substantial improvements shall be constructed by methods and
practices that minimize flood damage.
(4) All new or replacement water supply systems shall be designed and constructed by
methods and practices that minimize flood damage.
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(5) All new or replacement sanitary sewage systems shall be designed and constructed to
minimize or eliminate infiltration of floodwaters into the system and discharge from the
system into floodwaters. Joints between sewer drain components shall be sealed with
caulking, plastic or rubber gaskets, and all manhole covers shall be sealed in as similar
manner.
(6) On-site waste disposal systems shall be located and constructed to minimize or eliminate
damage to them and contamination from them during flooding.
(7) Any alteration, repair, reconstruction or improvement to a structure which already is in
compliance with the provisions of this division shall meet the requirements of new
construction as contained in this division.
(8) No manmade alteration of sand dunes, dune ridge, mangrove stands or wetlands shall be
allowed which would increase potential flood damage.
(9) All new construction shall be located landward of the reach of mean high tides.
(10) All agreements for deed purchase agreements, leases, or other contracts for sale or
exchange of lots within areas of special flood hazard shall 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 growth management
division and obtain the latest information regarding flood elevations and restrictions on
development before making use of this property.
(b) Additional Standards: In all areas of special flood hazard where base flood elevation data
has been provided the following provisions are required:
(1) Residential construction:
a. New construction or substantial improvement of any residential structure shall have the
lowest floor for zones A 1-30, AE and AH or bottom of the lowest supporting member for
zones V1-30, VE or V elevated at or above the base flood elevation level.
b. Electrical and mechanical equipment servicing an elevated structure must be elevated at
or above the required base flood elevation. Elevators may be placed below the required base
flood elevation, although the mechanical and electrical equipment serving the elevator must
be elevated at or above the required base flood elevation.
c. Sewer and storm drainage systems which extend below the base flood elevation shall be
provided with automatic backflow prevention valves or devices installed at the point where
the line passes an exterior wall or slab.
d. Except as noted in paragraph 7 of this subsection (b), the space below the lowest floor of
an elevated structure shall be used exclusively for parking of vehicles, elevators, limited
storage or building access purposes. For the purpose of this division limited storage means
storage of lawn mowers, rakes, wheelbarrows and similar equipment. Limited storage does
not apply to household items such as furniture. Such spaces may be enclosed under the
following conditions:
(i) Walls of any enclosed area must be designed and constructed in a manner to prevent
flotation, collapse and lateral movement of the structure.
(ii) The walls of any enclosed area which are not required to meet the breakaway standards
shall be provided with openings such as vents, louvers or automatic valves which permit the
level of floodwaters within the enclosed area to match the rising and falling of floodwaters on
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the outside of the structure. A minimum of two (2) openings located on separate walls shall
be provided having a minimum total net area of one (1) square inch for each square foot of
enclosed area, where the enclosed area is calculated by outside dimensions. Openings shall
be situated such that the bottom of each opening is no higher than one (1) foot above finished
grade.
(iii) Interior walls, ceilings and floors in enclosures 300 square feet or less used for entryways
may be finished with an ACOE Regulations EP 1165-2-314 class 5 exterior finish in
accordance with FEMA Technical Bulletin 2-93. Interior walls, ceilings and floors in all other
enclosed areas may be finished with an ACOE Regulations EP 1165-2-314 class 5 exterior
finish in accordance with FEMA Technical Bulletin 2-93 if a deed restriction running with the
land is provided. The deed restriction shall provide notice of prohibition of habitational uses
below base flood elevation.
(iv) The interior portion of an enclosed area below an elevated building may not be partitioned
off into separate rooms except that garages may be separated from storage and entryway. In
the event an existing storage enclosure is enlarged, the walls between the existing enclosure
and the additional enclosure must be deleted. Enclosed areas below an elevated building
must be void of utilities and cannot be temperature controlled.
(v) Necessary electrical switches for required lighting circuits may be located below the base
flood elevation provided they are of the outdoor water-resistant variety on a separate ground-
fault protection circuit breaker and do not exceed the minimum number required by law.
Except for elevator equipment, electrical receptacles shall not be located below the base
flood elevation.
(vi) Walls constructed entirely of wood lattice work or screen mesh shall be considered as
satisfying the requirements of subsections (i) and (ii) above and b.(5)h.
(vii) The area enclosed below the base flood elevation shall not be used for human
habitation.
(viii) Except as noted in (b)(1) b. and d. (v) of this subsection or required by an applicable
code no electrical, mechanical or plumbing may be located below the base flood elevation
below an elevated building.
(2) Nonresidential construction.
a. New construction or substantial improvements of any commercial, industrial or other
nonresidential structures within zones A1-30, AE and AH on the community's flood insurance
rating map (FIRM) shall have the lowest floor (including basement) elevated to or above the
base flood level or, together with attendant utility and sanitary facilities, be designed so that
below the base flood level the structure is water-tight with walls substantially impenneable to
the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. Where a nonresidential
structure is intended to be made watertight below the base flood level, a registered
professional engineer or architect shall develop and/or review structural design specifications
and plans for the construction and shall certify that the design and methods of construction
are in accordance with accepted standards of practice for meeting the applicable provisions
contained herein. A record of such f100dproofing certification which shall include the specific
elevation (in relation to mean sea level) to which such structures are flood proofed shall be
provided to the building department. Wet flood proofing is not acceptable. New construction
or cumulative substantial improvements of any commercial, industrial or other nonresidential
structures within zones VI-30, VE or V shall have the lowest floor, including the basement,
elevated to or above the base flood elevation.
b. Enclosed areas below an elevated structure at grade elevation for nonresidential
commercial or industrial uses shall be pennitted for storage or parking purposes provided
that they are anchored to prevent flotation, collapse or lateral movement of the structure and
do not exceed three hundred (300) square feet of enclosed area and are in accordance with
the requirements of subsection 9.5-317(b)(5)h. or subsection 9.5-317(b)(1)d.(i) through (viii).
Plans for such structure shall be submitted to the building official for approval prior to
construction.
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(3)Accessory structures
a. Residential accessory structures: Any prefabricated light metal structure, which meets the
fotlowing criteria, may be permitted in A or V-zones if:
(i) The enclosed area is one hundred and fifty (150) square feet or Jess;
(ii) The fair market value is five hundred dollars ($500.00) or less;
(Hi) The use is limited to storage accessory to a residence; and
(iv) The structure is properly anchored.
Accessory light metal structures which exceed the one hundred and fifty (150) square feet of
enclosed space threshold or concrete or wood accessory structures built on site regardless of
size or value may be permitted if they meet all of the criteria outlined in subsection 9.5-
317(b)(3) a. (Hi) and (iv) of this division and are constructed to meet the venting criteria set
forth in subsection 9.5-317(b)(1) d. (ii) or the breakaway wall criteria set forth in subsection
9.5-317(b)(5) h.
b. Nonresidential accessory structures: All nonresidential accessory structures, or enclosed
areas, which meet the fOllowing criteria, may be permitted if:
(i) The enclosed area is three hundred (300) SQuare feet or Jessj
(ii) The use is restricted to limited storage and parking only;
(iii) They meet the breakaway wall standards outlined in subsection 9.5-317(b)(5)h.;
(iv) They meet the venting requirements outlined in subsection 9.5-317(b)(1) d.; and
(v) The structures are properly anchored.
Accessory structures in an A-zone which exceed the three hundred (300) SQuare feet of
enclosed space threshold may be permitted if they meet the flood-proofing criteria outlined in
subsection 9.5-317(b)(2)a. of this division.
Accessory structures in a V-zone which exceed the three hundred (300) SQuare feet of
enclosed space threshold, are strictly prohibited.
(4) Manufactured homes:
a. Effective June 1, 1977, no manufactured home not already in place shall be placed within
areas of special flood hazard except in an existing manufactured home park or subdivision, as
hereafter defined. In the event that the Federal Emergency Management Agency eliminates
the existing manufactured home park or subdivision requirement of 44 C.F.R. 60.3(c)(12),
then no manufactured home may be placed below the base flood elevation.
b. A manufactured home that is to be placed on a qualified Jot may be placed at an elevation
below base flood elevation provided that:
(i) The lot on which the manufactured home is to be placed is located in an existing
manufactured home park or subdivision and is contiguous to and surrounded by manufactured
homes not at base flood elevation. For the purposes of this section, an existing manufactured
home park or subdivision is one in which, at the time of application, there are no site-built
residences or a park or subdivision which is limited to manufactured homes only by this
chapter.
(ii) The manufactured homes that are placed or substantially improved (for other than
substantial damage due to a flood) on sites in existing manufactured home parks or
subdivision in flood hazard areas shall be elevated so that the manufactured home chassis is
supported by reinforced piers or other foundation elements that are no less than thirty-six (36)
inches in height above the grade at the site. A lower foundation system could be used if the
top of the finished floor of the manufactured home or the bottom of the beam (for V zones)
would be at or above the base flood elevation using such foundation.
c. No solid walled additions may be added to a manufactured home unless the addition is
constructed under HUD (Department of Housing and Urban Development) standards_and
contains a HUD seal or the addition is elevated to or above the base flood elevation.
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d. Screen rooms, open decks and porches may be added to a manufactured home provided
the addition is structurally independent and constructed with fourth 4th wall construction.
e. All manufactured homes and State approved manufactured offices for temporary use shall
be anchored to resist flotation, collapse and lateral movement by providing over-the-top and
frame ties to ground anchors as provided for in the most current edition of the Florida
Administrative Code 15.C
(i) All other anchoring must be in compliance with section
6-16.1(7) appendix H, "Mobile Home Tiedowns Standards."
(ii) All other foundations requiring elevation of the structure in
order to meet the floodplain standards must comply with section 6-16.1 (7) 1405.6 of the
Monroe County Code, "PIERS."
f. An existing manufactured home which is damaged or otherwise in need of repair,
reconstruction, improvement, or replacement the value of which meets or exceeds fifty (50)
percent of the value of the manufactured home without the repair, reconstruction,
improvement or replacement shall not be repaired, reconstructed, improved or replaced
except by a manufactured home which meets the most recent standards promulgated by the
Department of Housing and Urban Development in 24 C.F.R. 3280.308(C)(2) and, in addition,
meets the standards set forth in subparagraphs b,c, and d of this subsection (b)(4), as
applicable. For the purposes of determining the value of any replacement manufactured
homes under this section, the purchase price, as expressed in an invoice from an arms length
transaction, in a form acceptable to the building official, or the value reflected in the current
records of the Monroe County Property Appraiser, or using market value, as determined in
section 9.5-316.1(cl, whichever is greater, shall control.
(5) Coastal high-hazard areas (V zones): Within the areas of special flood hazard are areas
designated as coastal high-hazard areas, which have special flood hazards associated with
wave wash. The following provisions shall apply in these areas:
a. New construction or substantial improvements shall be elevated so that the bottom of the
lowest horizontal supporting member (excluding pilings or columns) is located at or above the
base flood elevation level, with the space below the lowest supporting member open or
constructed with breakaway walls so as not to impede the flow 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 the provisions of subsection (b)(5)f., g.
and h.
b. New construction or substantial improvements shall be securely anchored on pilings,
columns or shear walls.
c. The pile or column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be those
associated with the base flood. Wind loading values shall be those required by American
Society of Civil Engineers (ASCE) Standard number 7. Where shear wall construction is
used, the following conditions shall also apply:
(i) Shear walls shall be placed parallel to the predominant flow direction of floodwaters and
spaced to provide adequate floodwater conveyance beneath the elevated floor;
(ii) Shear walls shall be constructed using reinforced concrete; and
(iii) Except for the placement of the parallel load-bearing walls, the space between the shear
walls below the elevated floor shall remain free of obstruction or contain only breakaway wall
construction.
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d. A registered professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with the accepted standards of practice
for meeting the provisions of paragraphs a, band c of this subsection (b)(5).
e. There shall be no fill used as structural support.
f. If any space below the base flood elevation level is to be enclosed, such enclosed areas
shall not be used for human habitation and must meet the provision of section b.1 (iii) through
(viii) .
g. Prior to construction, plans for any structure that will have enclosed space below the base
flood elevation level shall be submitted to the building official or his designee for approval.
h. Walls and partitions other than parallel shear walls shall be allowed below the base flood
elevation provided they are not part of the structural support of the building and are designed
to break away under the impact of abnormally high tides or wind-driven water without damage
to the structural integrity of the building on which they are to be used, and provided the
following design specifications are met:
A design load limit of not less than ten (10) and no more than twenty (20) pounds per square
foot shall be used as the safe load range for breakaway walls.
i. Compliance with the provisions contained in subsection h. shall be certified by a registered
professional engineer or architect.
j. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
space below the base flood elevation level except as provided for in paragraphs f and h of this
subsection (b)(5).
k. No man made alteration of mangroves or beach berm system shall be permitted which will
increase the potential for flood damage.
(6) No basement shall be constructed in the county until such time as a variance is granted to
the county under the terms of 44 C.F.R. 60.6(b).
(7) No enclosure below the base flood elevation shall be constructed or equipped for such
uses as a kitchen, dining room, family room, recreation room, office, bedroom, bathroom or
workshop. This prohibition does not apply to new improvements which are not substantial to
post FIRM structures rendered noncompliant by amendments to the flood insurance rate map
as long as the improvement is at the same elevation the structure was originally built to;
ground level structures whose initial construction began prior to January 1, 1975; and those
structures which are listed on the National Register of Historic Places, the Florida Inventory of
Historic Places or any inventory of local historic places.
(8) In no event shall a below base flood elevation variance be necessary for
improvements to an existing structure whose initial construction began prior to December 31,
1974, orto a legally placed manufactured home when the improvements are not substantial.
(9) Require that recreational vehicles placed on sites within Zones A1-30,
AH, and AE, V1-30, V and VE on the community's FIRM either
(i) Be on the site for fewer than 180 consecutive days and
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be fully licensed and ready for highway use, or
(ii) Meet the permit requirements of subsection 9.5-317(b)(4).
A recreational vehicle is ready for highway use if it is on its wheels or intemal
jacking system, designed to be self propelled or permanently towable by a light
duty truck, is attached to the site only by quick disconnect type utilities
and security devices, and has no permanently attached additions
Section 9.5-318 is created to read as follows:
Section 9.5-318 Variances to the floodplain management requirements
(a) Generally: Where, owing to special conditions, a literal enforcement of the floodplain
management provisions of the plan would result in exceptional hardship unique to that
property or proposed project, the board of county commissioners may grant variances from
the terms of those provisions as will not be contrary to the public interest, will be in harmony
with the general purpose and intent of this chapter, and will be the minimum variance that will
allow reasonable use of the property.
(b) Procedures:
(1) An application for a variance from the provisions of this chapter for development in an
area of special flood hazard shall be filed with the building official in a form provided by the
director of planning at the time of application for a building permit.
(2) Within ten (10) days of receipt of a complete application for a variance from the terms of
the floodplain management provisions of this chapter, the building official shall forward the
application to the director of planning, review the application, and submit a report and
recommendation to the board of county commissioners.
(3) The director of planning, or his designee, also shall review the application for a variance
and submit a report and recommendation to the board of county commissioners within five (5)
days after receipt from the building official.
(4) The board of county commissioners shall review the application and the reports and
recommendations of the building official and director of planning and consider granting the
variance in accordance with the conditions set forth in this section.
(c) Conditions:
(1) Variances shall be issued only upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief, and only upon all of the following
conditions:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to
the applicant;
c. A determination that the granting of a variance will not result in increased flood heights;
result in additional threats to public safety; result in extraordinary public expense; create
nuisance; cause fraud on or victimization of the public; or conflict with other provisions of this
chapter or the County Code; and
d. Specific written findings linked to the criteria below.
(2) The following factors shall be relevant in the granting of a variance:
a. Physical characteristics of construction;
b. Whether it is possible to use the property by a conforming method of construction;
c, The possibility that materials may be swept onto other lands to the injury of others;
d, The danger to life and property due to flooding or erosion damage;
Floodplain Amendments
Page 11 of 13
Initials
e. The susceptibility of the proposed facility and its contents to flood damage and the effects
of such damage on the individual owner;
f. The importance to the community of the services provided by the proposed facility;
g. The necessity to the facility of a water-dependent location, where applicable;
h. The availability of altemative locations less subject to flooding;
i. The compatibility of the proposed use with existing and anticipated development;
j. The relationship of the proposed use to the comprehensive plan, land development
regulations and the floodplain management program for that area;
k. The safety of access to the property for ordinary and emergency vehicles in times of
flood;
I. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
m. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, and streets and bridges.
(3) When the board of county commissioners shall consider the propriety of granting a
variance as permitted by this division, the following factors shall not be considered relevant:
a. The physical disabilities or handicaps and health of the applicant or members of his
family;
b. The domestic difficulties of the applicant or members of his family;
c, The financial difficulty of the applicant in complying with the floodplain management
provisions of this chapter; or
d. The elevation of surrounding structures.
(4) Any applicant to whom a variance is granted shall be given written notice by the board of
county commissioners specifying the difference between the base flood elevation and the
elevation to which the structure is to be built and stating that the cost of flood insurance will
be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(5) All variances issued shall require that an affidavit be prepared, and recorded with the
clerk of the circuit court, which shows that the proposed construction will be located in a f1ood-
prone area, the number of feet that the lowest floor of the proposed structure will be below the
base flood level, and that actuarial flood insurance rates increase as the flood elevation
decreases,
(6) The building official shall maintain records of all variance actions and annually report any
variances to the Federal Emergency Management Agency.
Section 7. If any section, subsection, sentence, clause, item, change or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 8. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the
extent of said conflict.
Section 9. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but
shall not become effective until a notice is issued by the Department of Community Affairs or
the Administration Commission approving this ordinance.
Section 10. This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs to determine the consistency of this ordinance with the Florida Statutes.
Floodplain Amendments
Page 1 2 of 13
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a meeting of the Board held on the 26th day of July , A.D., 2000.
Mayor Shir1ey Freeman
Mayor Pro Tern George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Key Reich
Commissioner Nora Williams
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MO E ~O NTY, Fr;~~A......._ _~.. .
BY: -::r~
RPERSON
APPROVED AS TO FORM
:~~
A~:orney's Office
Floodplain Amendments
Page 13 of 13
Initials
1!lannp Jl. Itolbage
BRANCH OFFICE
3117 OVERSEAS InGHWA Y
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE Cfficurr COURT
MONROE COUNTY
500 WlllTEHEAD STREET
KEY WFST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
August 10, 2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
40 I S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 039-2000 amending Ordinance
No. 2-1994; and incorporating Sections 9.5-125 through 9.5-127 into Section 9.5-316 and
9.5-318; and modifying the various Sections of the Monroe County Code listed below; Section
9.5-315 which provides purpose and intent; Section 9.5-316.1 which provides general provisions;
Section 9.5-3 16. I (c) which provides rules for interpreting flood hazard issues; Section 9.5-316.2
which provides for permit requirements; Section 9.5-317(b)(I)d. which deals with enclosing areas
below base flood elevation; Section 9.5-317b(4) which deals with manufactured homes and
Section 9.5-318 which provides for variances; providing for severability; providing for the repeal
of all ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the
Florida Department of Community Affairs and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on July 26, 2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: ~~~~
UepU:{Clerk
Cc: Board of County Commissioners
County Administrator w/o document
County Attorney
File /
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic 51. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
August 16,2000
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated August 10, 2000 and certified copy of Monroe County
Ordinance No. 039-2000, which was filed in this office on August 14,2000.
Sincerely,
Jj~i~Q
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail,dos.state.jl,us
DCA Final Order No. DCAOO-OR-284
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 039-2000
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6) and (11), Fla. Stat., and g 380.0552(9), Fla. Stat. (1999), which require the
Department to enter a final order approving or rejecting land development regulations adopted by
Monroe County. This Final Order approves Monroe County Ordinance No. 039-2000 as set forth
below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a unit of government within the Florida Keys Area.
2. On August 22, 2000, the Department received for review Monroe County Ordinance
No. 039-2000 which was adopted by the Monroe County Board of County Commissioners on July
26,2000 ("Ord. 039-2000"). Ord. 039-2000 amends Sec. 9.5-315 through 9.5-317 of the County
Code relating to floodplain management.
3. Section 1 ofOrd. 039-2000 deletes Sec. 9.5-125 and 9.5-126 of the County Code.
Section 2 ofOrd. 039-2000 deletes Sec. 9.5-127 of the County Code. Sections 3, 4 and 5 ofOrd.
039-2000 amends Sec. 9.5-315 through 9.5-317 of the County Code, providing a purpose and intent
statement, providing general provisions, providing permit requirements, and providing standards for
DCA Final Order No. DCAOO-OR-284
issuance of building permits in areas of special flood hazards. Section 6 ofOrd. 039-2000 sets forth
procedures and conditions for variances to the floodplain management requirements. Section 7 of
Ord. 039-2000 contains a severability provision; Section 8 contains a superseding provision if any
other ordinances or parts of ordinances are deemed in conflict; Section 9 concerns filing said
ordinance with the Florida Secretary of State Office, and Section 10 requires the transmittal of the
ordinance to the Department for review.
4. The amended floodplain management provisions contained in Ord. 039-2000 are
consistent with Monroe County's 2010 Comprehensive Plan, and specifically in furtherance of Plan
Objectives 101.4 and 101.14, and Plan Policies 101.5.4, 101.14.1 and 101.14.2, and 101.17.4.
CONCLUSIONS OF LAW
1. The Department is required to approve or reject any and all land development
regulations that are enacted, amended or rescinded by any unit of government in the Florida Keys
Area of Critical State Concern within 60 days of receipt by the Department. ~~ 380.05(6) and (11),
Fla. Stat., and ~ 380.0552(9), Fla. Stat. (1999).
2. Monroe County is a unit of government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (1999) and Rule 28-29.002 (superseding Chapter 27F-8, Fla,
Admin. Code) and Chapter 28-30, Fla. Admin. Code.
3. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031(8), Fla. Stat. (1999). The regulations
adopted by Ord. 039-2000 are land development regulations, as defined by statute.
2
DCA Final Order No. DCAOO-OR-284
4. All land development regulations enacted, amended or rescinded by Monroe County
must be consistent with the Principles for Guiding Development (the "Principles"). ~ 380.0552(7),
Fla. Stat.,. see Rathkamp v. Department of Community Affairs, 21 F .A.L.R. 1902 (Dec. 4, 1998),
ajf'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). In reviewing the land development regulations for
consistency, the Principles shall be construed as a whole and no specific provision shall be construed
or applied in isolation from the other provisions. ~ 380.0552(7), Fla. Stat. (1999).
5. The Department has reviewed all provisions ofOrd. 039-2000 for consistency with
the Principles. Specifically, Ord. 039-2000 strengthens Monroe County's capabilities for managing
land use and development under Principle (a); limits the adverse impacts of development on the
quality ('fwater throughout the Florida Keys pursuant to Principle (e); and protects the public health,
safety and welfare of the citizens of the Florida Keys in accordance with Principle (1). ~
380.0.352(7)(a), (e) and (1), Fla. Stat. (1999). Accordingly, the Department has determined thatOrd.
039-2000 is consistent with the Principles as a whole. ~ 380.0552(7), Fla. Stat. (1999).
WHEREFORE, IT IS ORDERED that Ord. 039-2000 is found to be consistent with the
Principles found at ~ 380.0552(7), Fla. Stat. (1999), as a whole, and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
3
DCA Final Order No. DCAOO-OR-284
DONE AND ORDERED in Tallahassee, Florida.
OMAS BECK, DIRECTOR
ivision of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FORAN ADMINISTRATIVE PROCEEDING PURSUANT
TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT
IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE
ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE. CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAl'TER
28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL
ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL ORBY A
QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL
EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR
YOU MA Y EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT
CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO
JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE
HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF
ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1),
FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE
REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU
WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL
THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL
4
DCA Final Order No. DCAOO-OR-284
EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE
EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING,
YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY
AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE
PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A
PETITION IS FILED WHEN IT IS RECEIVED BY THE AGEl-ICY CLERK, IN THE
DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD,
TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-106.104(2),
FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE \VITH RULE 28-106.301,
FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE
PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28.,106.201 (2), FLORIDA
ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE
28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT
AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOUW AIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING
OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION \VITH THE AGENCY
CLERK WITHIN 21 DAYS OF PUBLICATION OF TIDS FINAL ORDER.
5
DCA Final Order No. DCAOO-OR-284
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
persons listed below, by the method indicated, this f1t day of October, 2000.
Paula Ford
Agency Clerk
By U.S. Mail:
Honorable Shirley Freeman
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whit~head Street
Key We~t, Florida 33040
Timothy J. McGarry, AICP
Director, GlOwth Management Division
2798 Overseas Highway, Suite 400
Maratholl, Florida 33050
Bv Hand Delivery or InteralZency Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Geoffrey T. Kirk, Assistant General Counsel, DCA Tallahassee
6