(a)

Title. These regulations shall be known as the Floodplain Management Ordinance of Monroe County, hereinafter referred to as "this chapter."

(b)

Scope. The provisions of this chapter shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

(c)

Purpose and intent. The purpose of this chapter shall be interpreted cumulatively with its intent, and shall be taken into account, granted substantial weight, and guide all interpretations and constructions of this chapter. Monroe County is 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 the impairment of its tax base as an effect of flooding and flood events, all of which adversely affect the public health, safety, and general welfare. The purpose of this chapter's adoption is to ensure the continued availability of federal flood insurance, to comply with federally and state-imposed regulatory requirements, and to protect the public health, safety, and general welfare, by minimizing flood-related losses in Monroe County. All interpretations of this chapter shall in all proceedings and cases further, rather than impair, limit, restrict, or obstruct, the purposes of this chapter. It is the intent of the Board of County Commissioners that the provisions of this chapter be strictly adhered to and enforced in order to maintain the county's eligibility for and benefits of the National Flood Insurance Program. The purposes of this chapter and the flood load and flood resistant construction requirements of the Florida Building Code and the floodplain management requirements within Monroe County Code of Ordinances, Chapter 6 Buildings and Construction, are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

(1)

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

(2)

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

(3)

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

(4)

Manage the alteration of flood hazard areas and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

(5)

Minimize damage to public and private facilities and utilities;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(7)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events;

(8)

Ensure potential home buyers are notified that property is in a flood hazard area; and

(9)

Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.

(d)

Construction and interpretation. In the interpretation and application of this chapter, all provisions herein shall be considered as minimum requirements and shall not be deemed to forfeit, waive, eliminate, limit, condition, qualify, or repeal any other powers granted to the county pursuant to Florida law. This chapter, being necessary for the health, safety, and welfare of the residents of and visitors to the county, shall be liberally construed to effect the intent and purposes hereof, and interpretation and construction of this chapter shall be construed in favor of Monroe County, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal.

(e)

Administrative deference. The Board of County Commissioners legislatively finds that the construction of this chapter by a county department or office charged with its administration, interpretation, or enforcement shall be legally entitled to deference and great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal, and that such administrative interpretations should not be modified or overturned by an administrative hearing officer or court of competent jurisdiction unless clearly erroneous. If such administrative staff interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed.

(f)

Coordination with the Florida Building Code. This chapter is intended to be administered and enforced in conjunction with the Florida Building Code. The flood load and flood resistant construction requirements of the Florida Building Code shall apply to all buildings and structures that are wholly within or partially within any flood hazard area. Where cited in this chapter, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. To the extent of any conflict between this chapter and the Florida Building Code, the more restrictive is deemed to be controlling.

(g)

Provisions to be cumulative to other county ordinances and regulations. This chapter supersedes any ordinance or regulation in effect for management of development in flood hazard areas, but otherwise is intended to be administered and enforced in conjunction with and cumulative to any other county ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. This chapter does not revise or repeal any other existing county ordinance or regulation in any way.

(h)

Internal conflicts. Where there is a conflict between a general provision or requirement and a specific provision or requirement in this chapter, the specific shall be applicable. To the extent of any conflict between one provision or requirement and another provision or requirement of this chapter, the more restrictive is deemed to be controlling. Where a more restrictive general provision or requirement conflicts with a less restrictive specific provision or requirement, the more restrictive general requirement shall prevail.

(i)

Effect of state and federal laws. If a state or federal law, whether existing at the time of this chapter's effective date or enacted after its effective date, which is applicable to and limits, prohibits, restricts, conditions, or qualifies the meaning, effectiveness, or operation any provision or requirement herein, such provision or requirement of this chapter shall be interpreted, administered, and enforced to the maximum extent permitted by law.

(j)

Injunctive relief. The county attorney is authorized to seek affirmative or negative injunctive relief authorizing or commanding compliance with this chapter through, including but not limited to, cessation of a use, or removal of a building or structure or a part or portion thereof, by motion for emergency, preliminary, or permanent injunction, including by ex parte motion, or other forms of equitable relief, from a court of competent jurisdiction, upon presentation of prima facie evidence of a violation of this chapter to such court.

(k)

No waiver or estoppel. It being that Monroe County possesses discretion to enforce this chapter, the county's delay or failure to enforce any provision contained in this chapter, however long continued, shall not be deemed a waiver or estoppel of the right for the county to enforce this chapter at any time thereafter.

(l)

Severability. If any provision of this chapter, or any portion thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any remaining portion(s) thereof, or of any other provision of this chapter. All remaining portion(s) thereof and all other provisions of this chapter shall continue unimpaired in full force and effect.

(m)

Warning. The degree of flood protection, activities, or work required by this chapter and the Florida Building Code, as amended by Monroe County, is considered the minimum necessary and reasonable to accomplish the intent and purposes herein and is based upon scientific and engineering considerations. Larger floods can and will occur. Flood heights and flood-related impacts may be increased, intensified, or exacerbated by man-made or natural causes. This chapter does not expressly provide or imply that land outside of mapped special flood hazard areas, or that structures or uses authorized and permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring Monroe County to revise this chapter and regulations to remain eligible for participation in the National Flood Insurance Program and its benefits. No guarantee of a vested right to a structure or use, existing use, or future use is implied or expressed by any part of or compliance with this chapter.

(n)

No liability. This chapter shall not create liability on the part of the board of county commissioners of Monroe County or any officer or employee thereof for any flood damage allegedly arising out of, related to, or in connection with this chapter or any administrative decision lawfully made thereunder. This chapter shall not be deemed to have waived, for the county, or for its officers or employees, any sovereign governmental, or any other similar defense, immunity, exemption, or protection against any suit, cause of action, demand, or liability.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Applicability this chapter. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)

Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the unincorporated areas of Monroe County, as established in Section 122-2(c) of this chapter.

(c)

Basis for establishing flood hazard areas, species focus area maps (SFAMs) with focus area buffers and federally protected species area real estate (RE) list; and species assessment guides (SAGs).

(1)

The flood insurance study for Monroe County dated February 18, 2005, and the accompanying flood insurance rate maps (FIRM), are adopted by reference as a part of this chapter, shall be kept on file, available to the public, in the offices of the county Building Department and shall serve as the minimum basis for establishing flood hazard areas. Amendments and revisions by letters of map change (LOMC) issued by FEMA shall be retained by the county and utilized for implementing this chapter. Studies and maps that establish flood hazard areas shall be kept on file at the offices of the county Building Department.

(2)

For implementation of the permit referral process (PRP) in Section 122-12 of this chapter, the following are adopted by reference as a part of this chapter:

a.

Species focus area maps (SFAMs) with species focus area buffers and species real estate (RE) list. FEMA and the U.S. Fish and Wildlife Service (FWS) have provided the species focus area maps (SFAMs) mailed to Monroe County and dated April 30, 2011, and a listing of real estate numbers of parcels (RE) list emailed to Monroe County and dated November 18, 2011, that are within the SFAMs and that have been identified by FWS. The SFAMs and the RE list that are within the SFAMs identified by the FWS in accordance with the biological opinion, dated April 30, 2010, as amended December 14, 2010, are hereby declared to be a part of this chapter. The SFAMs and RE list are on file at the Monroe County Clerk's office and the Monroe County Growth Management Division Office.

b.

Species assessment guides (SAGs). FEMA and FWS provided the May 20, 2012, species assessment guides (SAGs) to Monroe County and Monroe County adopted these SAGs on September 13, 2012. FEMA and the FWS provided revisions of the SAGs to Monroe County on July 29, 2013. Permits submitted after February 17, 2014, the date of this ordinance shall be reviewed utilizing the July 29, 2013, FEMA/FWS SAGs. These SAGs are declared to be a part of this chapter. The SAGs are on file at the Monroe County Clerk's office and the Monroe County Growth Management Division Office.

(d)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 122-13 of this chapter the floodplain administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the floodplain administrator indicates that ground elevations:

(1)

Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this chapter and, as applicable, the requirements of the Florida Building Code.

(2)

Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

(e)

Abrogation and greater restrictions. This chapter supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this chapter and any other ordinance, the more restrictive shall govern.

(Ord. No. 026-2022, § 2, 11-15-2022)

The following words, phrases and terms shall, for the exclusive purposes of this chapter only, have the specific definitions and meanings shown in this section. Where such words, phrases and terms are not defined in this chapter and are defined in the Florida Building Code, such words, phrases and terms shall have the meanings ascribed to them in the Florida Building Code. Where such words, phrases and terms are not defined in this chapter or the Florida Building Code, the county shall utilize the adopted definitions within Chapter 101 of the Monroe County Land Development Code. If the definitions of such words, phrases and terms are not within the Land Development Code, the words, phrases and terms shall have ordinarily accepted meanings as its context and the context of its provision and its provision's structural placement imply.

Accessory structure means a structure that is located on the same parcel or on a contiguous parcel that is under the same ownership as the principal structure and the use of which is subordinate to and incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, shall be limited to use for parking and storage and may not be used for human habitation, and must be designed to have minimal flood damage potential. Examples of accessory structures are two-car detached garages (or smaller), carports, storage sheds, and pole barns (does not include gazebos, pavilions, picnic shelter, or a carport that is open on all sides).

Adjacent to contiguous native habitat means an area of native habitat sharing a boundary at one or more points of intersection with other native habitat. For purposes of this Land Development Code, an intervening road, right-of-way or easement shall not destroy the adjacency of the habitat. However, U.S. 1, canals and open water shall constitute a break in adjacency.

ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."

Base flood elevation (BFE) means the elevation of the base flood, including wave height, relative to the national geodetic vertical datum (NGVD), North American vertical datum (NAVD) or other datum specified on the flood insurance rate map (FIRM).

Basement means the portion of a building having its floor subgrade (below ground level) on all sides.

Coastal A zone means the area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to 1½ feet (457 mm). The inland limit of the coastal A zone is (a) the limit of moderate wave action if delineated on a FIRM, or (b) designated by the authority having jurisdiction.

Coastal high hazard area means a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V zones" and are designated on flood insurance rate maps (FIRM) as zone V1-V30, VE, or V.

Design flood means the flood associated with the greater of the following two areas:

(1)

Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or

(2)

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation means the elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet.

Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Floodproofing certificate means the FEMA Floodproofing certificate for non-residential structures form issued by FEMA for the collection of design information and elevations for specific buildings in flood hazard areas. The FEMA floodproofing certificate is revised and reissued periodically. Applicants and permittees shall use the edition current as of the date of submission.

Elevation certificate means the FEMA elevation certificate form issued by FEMA for the collection of information and elevations for specific buildings in flood hazard areas. The FEMA elevation certificate is revised and reissued periodically. Applicants and permittees shall use the edition current as of the date of submission.

Elevated building means a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Enclosed area or enclosure means the portion of an elevated building below the lowest elevated floor that is fully shut in by rigid walls and used solely for limited storage, parking or building access. Enclosures shall not be constructed, modified, equipped, or used for habitation or other purposes.

Existing building and existing structure means any buildings and structures for which the "start of construction" commenced before June 15, 1973.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 15, 1973.

Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to carrying out other functions, administers the national flood insurance program.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

Flood hazard area means the greater of the following two areas:

(1)

The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood insurance rate map (FIRM) means the official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community.

Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data.

Floodplain administrator means the office or position designated and charged with the administration and enforcement of this chapter. The term "floodplain administrator" shall be synonymous with the term the "floodplain manager."

Floodplain development order or permit or approval means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this chapter.

Florida Building Code (FBC) means the family of codes adopted by the Florida Building Commission, including the: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. For the purposes of this exception, a historic building is:

(1)

Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or

(2)

A contributing resource within a National Register of Historic Places listed district; or

(3)

Designated as historic property under an official municipal, county, special district or state designation, law, ordinance or resolution either individually or as a contributing property in a district, provided the local program making the designation is approved by the Department of the Interior; or

(4)

Determined eligible by the Florida State Historic Preservation Officer for listing in the National Register of Historic Places, either individually or as a contributing property in a district.

Illegal structure or use means a structure or use that is not a legal structure or legal use as defined in this chapter.

Legal structure means a structure that was permitted under the floodplain regulations in effect at the time construction commenced on the structure in its current configuration and received a permit or final inspection or certificate of occupancy for the structure in its current configuration.

Legal use means a use that was permitted by the floodplain regulations at the time the use commenced on the property.

Limit of moderate wave action means a line shown on FIRMs to indicate the inland limit of the 1½-foot (457 mm) breaking wave height during the base flood.

Limited storage means storage that is incidental and accessory to the principal structure. For example, if the principal structure is a residence, storage should be limited to items such as lawn and garden equipment, tires, and other low damage items that will not suffer flood damage or can be conveniently moved to the elevated part of the building. Flood insurance coverage for enclosures and contents below the base flood elevation is very limited.

Letter of map change (LOMC) means an official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(1)

Letter of map amendment (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2)

Letter of map revision (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(3)

Letter of map revision based on fill (LOMR-F) means a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(4)

Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck, defined in 40 C.F.R. 86.082-2, means any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24.

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 contains one or more of the following species: Black mangrove, red mangrove, white mangrove, and buttonwood.

Manufactured home means a structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value means the price at which a property will change hands or be transferred between a willing buyer and a willing seller, neither party being under compulsion to buy, sell or transfer and both having reasonable knowledge of relevant facts, which shall include imputing constructive knowledge of controlling local, state, and federal laws and regulations. As used in this chapter, the term "market value" refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified certified independent appraiser, actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction), established by a qualified certified independent appraiser or tax assessment value ¹ . ^[2] A uniform appraisal report prepared by a qualified certified independent appraiser submitted by the applicant may be used if the floodplain administrator considers such appraisal consistent with local construction costs. A structure or building originally manufactured or built as a vehicle, shall exclusively be appraised by utilizing the Kelley Blue Book or a NADA appraisal. Documentation of alleged local construction costs submitted by a property owner to the floodplain administrator must be submitted in the form of a sworn or attested affidavit that shall be based upon the personal knowledge of the certifying affiant and must be notarized. Where an appraisal is not accepted because it appears to be inconsistent with local construction costs, the applicant may request review by a qualified certified independent third-party appraiser duly authorized by the county. The cost of such independent review shall be borne by the applicant. The reviewing appraiser shall determine if the appraisal value reasonably reflects an appropriate market value of the structure. The reviewing appraiser's determination must be in a written document, shall be sworn or attested to by the certifying affiant and expressly provide that it is based on the certifying affiant's personal knowledge, and must be notarized. Professionals preparing appraisals or appraisal reviews shall be required to possess certifications as state certified residential appraisers for appraising one to four family residential properties and state certified general appraisers for all other properties including commercial and multi-residential. Neither an appraisal making an extraordinary assumption that a building or structure was in good condition as of a date prior to a flood event nor a retrospective appraisal (an appraisal done retrospectively based on a date prior to the flood event) shall be eligible for consideration or relief. A building or structure that was never lawfully permitted in the first place shall not be eligible for issuance of a permit or development approval.

New construction means, for the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after June 15, 1973, and includes any subsequent improvements to such structures.

Nonconversion agreement means a form provided by the floodplain administrator to be signed by the owner and recorded on the property deed in official records of the Monroe County Clerk of Court, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated buildings, certain crawl/underfloor spaces, detached accessory structures, and garages.

Nonconforming structure means a structure or a portion of a structure below the base flood elevation that is lawfully existing or permitted and is not fully conforming with the terms of this chapter.

Notice to proceed means a written authorization by the Planning and Environmental Resources Department and/or Building Department to the permittee authorizing permitted development to begin.

Park trailer means a transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances.

Recreational vehicle means a vehicle, including a park trailer, which is:

(1)

Built on a single chassis;

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Special flood hazard area means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

Start of construction means the date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before damaged ("pre-damage") condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Structures that are determined to be substantially damaged are automatically considered to be substantial improvements, regardless of the actual repair work performed. If the cost necessary to fully repair the structure to its before damage ("pre-damage") condition is equal to or greater than 50 percent of the structure's market value before damages ("pre-damage" market value), then the structure must be elevated (or flood proofed if it is non-residential) to or above the required elevation and meet all other applicable requirements of the Florida Building Code and this chapter. Items that may be excluded from the cost to repair are listed in the substantial improvement/substantial damage worksheet/checklist developed by the county floodplain administrator (which shall be kept on file and available to the public in the offices of the County Building Department) and, include but are not limited to, costs to prepare plans and specifications, survey costs, and permit and inspection fees. Items that may also be excluded include costs to lawfully temporarily stabilize a building so that it's safe to enter to evaluate and identify required repairs and lawful improvements to items outside the building, such as the driveway, septic systems, wells, fencing, landscaping and detached accessory structures.

Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, including any improvement and any repair of damage sustained from any origin, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the building or structure has incurred "substantial damage," any repairs are considered a substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for lawful improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

(2)

Lawful minimum necessary repairs required to remedy health, safety, and sanitary code deficiencies provided the building official, fire marshal, or health officer were prior to such repairs' occurrence expressly informed of the existence and the extent of the code deficiencies, the deficiencies were in existence prior to the occurrence of damage or prior to the start of an improvement, and the deficiencies are not triggered solely by the proposed improvements or repairs.

(3)

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Variance means a grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code.

V-zone and coastal A zone construction certification form means the Monroe County V-zone and coastal A zone construction certification form for new construction and substantially improved/damaged structures. Design calculations signed and sealed by the design professional must be submitted with the form, and include at a minimum, if applicable:

(1)

Calculated velocity;

(2)

Hydrostatic load—buoyancy effects, lateral loads from standing water, slowly moving water, and nonbreaking waves;

(3)

Breaking wave load;

(4)

Hydrodynamic load—from rapidly moving water, including breaking waves;

(5)

Debris impact load—from waterborne objects;

(6)

Estimation of scour;

(7)

Breakaway wall design and calculations;

(8)

Free of obstruction design for ground slabs;

(9)

Free of obstruction design for accessory structures and pools.

(Ord. No. 026-2022, § 2, 11-15-2022; Ord. No. 017-2023, § 2, 7-19-2023)

(a)

Floodplain administrator; designation. The building official is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain of his or her duties to other employees.

(b)

General authority. The floodplain administrator is authorized and directed to administer and enforce the provisions of this chapter. The floodplain administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter and may approve and establish policies and procedures in order to clarify the application of its provisions. The floodplain administrator is authorized to approve tools, tables, and software developed to render substantial damage or substantial improvement calculations, which are provided to the county by federal agencies including but not limited to FEMA and NOAA; such approvals shall be construed as legislatively authorized and executive in nature. The floodplain administrator shall be guided by the current editions of FEMA's technical bulletins and other guidance publications, interpretative letters, and policy statements issued by FEMA that are adopted by resolution by the board of county commissioners. Such interpretations, policies, resolutions, and procedures shall not have the effect of waiving requirements specifically provided in this chapter or the Florida Building Code without the granting of a variance pursuant to Section 122-17 of this chapter.

(c)

Applications and permits. The floodplain administrator, in consultation with the building official and in coordination with other pertinent offices of Monroe County, shall:

(1)

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

(2)

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this chapter;

(3)

Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal that interpretation;

(4)

Provide available flood elevation and flood hazard information;

(5)

Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

(6)

Review applications to determine whether proposed development will be reasonably safe from flooding;

(7)

Issue floodplain development orders or permits for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this chapter is demonstrated, or disapprove the same in the event of noncompliance; and

(8)

Coordinate with and provide comments to the building official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this chapter.

(d)

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

(1)

Develop a substantial improvement/substantial damage worksheet/checklist, consistent with guidance published by FEMA, to communicate to property owners, residents, contractors and design professionals, that includes, but is not limited to, affidavit requirements, acceptable documentation of costs, identification of costs that may be excluded from the cost of proposed improvements and repairs, and conditions relevant to exclusion of costs in accordance with the definition of "substantial damage" and "substantial improvement."

(2)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified certified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(3)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(4)

Determine and document whether the proposed work constitutes a substantial improvement or the repair of substantial damage; and

(5)

Notify the applicant if it is determined that the work constitutes a substantial improvement or the repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this chapter is required.

(e)

Modifications of the strict application of the requirements of the Florida Building Code. The floodplain administrator shall review requests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 122-17 of this chapter.

(f)

Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this chapter.

(g)

Inspections. The floodplain administrator shall make the required inspections as specified in Section 122-14 of this chapter for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a floodplain development permit.

(h)

Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including but not limited to:

(1)

Establish, in coordination with and with the approval of the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 122-10(d) of this chapter;

(2)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, or flood hazard area boundaries; such submissions shall be made within six (6) months of the floodplain administrator's notice to the applicant to submit to FEMA the data and information necessary to maintain the flood insurance rate maps.

(3)

Review required design certifications and documentation of elevations (FEMA elevation certificates) specified by this chapter and the Florida Building Code to determine that such certifications and documentations are complete;

(4)

Notify the Federal Emergency Management Agency when the corporate boundaries of Monroe County are modified; and

(5)

Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591), that federal flood insurance is not available on such construction; areas subject to this limitation are identified on flood insurance rate maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."

(i)

Floodplain management records. Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood resistant construction requirements of the Florida Building Code, including, but not limited to, flood insurance rate maps; letters of map change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes a substantial improvement or the repair of substantial damage; required design certifications and documentation of elevations (FEMA elevation certificates) specified by the Florida Building Code and this chapter; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant construction requirements of the Florida Building Code.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this chapter, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator, and the building official if applicable, and shall obtain all the required floodplain development orders or permits. No such order or permit shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied.

(b)

Floodplain development orders or permits. Floodplain development orders or permits shall be issued pursuant to this chapter for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development order is required in addition to a building permit.

(c)

Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulations for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development orders or permits shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this chapter:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

Nonresidential farm buildings on farms, as provided in F.S. § 604.50.

(3)

Temporary buildings or sheds used exclusively for construction purposes.

(4)

Mobile or modular structures used as temporary offices.

(5)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

(6)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

(7)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(8)

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

(9)

Structures identified in F.S. § 553.73(10)(k) are not exempt from the Florida Building Code, if such structures are located in flood hazard areas established on flood insurance rate maps.

(d)

Application for a floodplain development order or permit. .....To obtain a floodplain development order or permit the applicant shall first file an application in writing on a form approved by the building official and furnished by the Building Department. The information provided by the applicant shall accurately, at a minimum:

(1)

Identify and describe the scope of work and development to be covered by the order or permit.

(2)

Describe the land on which the proposed development is to be conducted by complete legal description, street address or similar description that will readily identify and definitively locate the site.

(3)

Indicate the use and occupancy for which the proposed development is intended.

(4)

Be accompanied by a site plan or construction documents as specified in Section 122-13 of this chapter.

(5)

State the valuation of the proposed work.

(6)

Be signed by the applicant or by the applicant's authorized agent.

(7)

Give such other data and information as required by the floodplain administrator.

(8)

For projects proposing to enclose areas under elevated buildings, include signed nonconversion agreement; the agreement shall be recorded on the property deed prior to issuance of the certificate of occupancy.

(e)

Validity of floodplain development order or permit. The issuance of a floodplain development order or permit pursuant to this chapter shall not be construed to be a permit for, or approval of, any violation of this chapter, the Florida Building Code, or any other ordinance, resolution or regulation of Monroe County. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions, or in the case of incomplete documents or information, from requiring the supplementation of such prior submitted documents or information with additional documentation or information.

(f)

Expiration. A floodplain development order or permit shall automatically become invalid by operation of law unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work authorized by such permit commences. Extensions for periods of not more than 180 days each shall be requested in writing by the applicant and justifiable good cause shall be demonstrated. "Good cause" means a "legally sufficient reason."

(g)

Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development order or permit if the order or permit was issued in error, if the order or permit was issued on the basis of incorrect, inaccurate or incomplete information, if the county Building Department determines that the application for such order or permit contained false or misleading information or omitted information material and relevant to the county's decision to issue said order or permit, if the application for such order or permit failed to comply with a provision or requirement of this chapter, or if the order or permit was issued in violation of this chapter or any other ordinance, resolution, regulation or requirement of Monroe County.

(h)

Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal approvals and permits must be obtained before commencement of the county-permitted development, including but not limited to the following:

(1)

The South Florida Water Management District; pursuant to F.S. § 373.036.

(2)

Florida Department of Health for onsite sewage treatment and disposal systems; pursuant to F.S. § 381.0065 and Chapter 64E-6, F.A.C.

(3)

Florida Department of Environmental Protection for activities subject to the joint coastal permit; pursuant to F.S. § 161.055.

(4)

Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; pursuant to Section 404 of the Clean Water Act.

(5)

Federal permits and approvals.

(i)

Other documentation required. A nonconversion agreement signed by the applicant, and plans or drawings specified by the floodplain administrator, shall be recorded on the property deed prior to issuance of certificates of occupancy or certificates of compliance for the following:

(1)

Enclosed areas below new and substantially improved elevated buildings.

(2)

Enclosed areas below lateral additions.

(3)

Enclosed areas below nonconforming buildings that are brought into compliance.

(4)

Garages and detached accessory structures that are approved in accordance with the non-elevation requirements of Section 122-25(d) and (e).

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Purpose and intent. It is the purpose of this Section 122-12 to implement regulations that will assure, consistent with the 10th Amendment to the U.S. Constitution, state and county regulations, proper record retention, coordination, and notification of FEMA and FWS regarding permit applications filed with or issued by Monroe County, inclusive of FEMA/FWS requirements agreed to by the applicant.

(b)

Lands to which this section apply. See Section 122-2(c)(2).

(c)

Rules for interpreting SFAMs. The boundaries of the flood hazard areas shown on the FWS SFAMs may be determined by scaling distances. Required interpretations of those maps for precise locations of such boundaries shall be made by the county planning director or his/her designee, in consultation with the building official.

(d)

Administration of development approval in species focus areas.

(1)

SFAM review required. For parcels or lots shown within the SFAMs in which an application for development permit has been made, if the SFAM indicates the parcel or lot contains only unsuitable habitat for any of the following species: Key Largo cotton mouse, Key Largo woodrat, Key tree-cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver rice rate, and Stock Island tree snail, and the parcel or lot is not listed on the RE list, the planning director or his/her designee shall provide for a notation in the development application permit files that indicates:

a.

The name of the official that reviewed the development application for FWS requirements;

b.

The date of the review; and

c.

The date of the SFAM and RE list used to conduct the review.

Once the review has established that a parcel or lot contains unsuitable habitat, action may be taken on the permit application for development by Monroe County staff.

(2)

FWS technical assistance permit requirements. For parcels or lots shown within the SFAMs in which an application for a permit for development has been made including 1) expanding the footprint of a structure; and/or 2) expanding clearing in habitat (including native vegetation removal); and/or 3) placement of fencing into Key deer habitat, if the SFAM indicates the parcel or lot contains suitable habitat for any of the following species: Key Largo cotton mouse, Key Largo wood rat, Key tree-cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver rice rat, and/or Stock Island tree snail, and the parcel or lot is listed on the RE list, the planning director or his/her designee shall use the SAGs to determine whether a floodplain development permit application requires:

a.

Incorporation of FWS SAG requirements as conditions into the Monroe County permit and the county may issue the permit, pursuant to all applicable codes; or

b.

If, according to the SAGs, the proposed development needs technical assistance by the service, the county shall issue the permit in accordance with Chapter 2012-205, Laws of Florida, indicating a notice to proceed must be obtained prior to any construction, removal of vegetation, or commencement of development, with a condition that:

1.

The applicant seek and obtain technical assistance from the service; and

2.

The applicant obtain, prior to the issuance of the notice to proceed, all applicable state or federal permits or approvals pursuant to Section 122-11(h); and

3.

In accordance with the Florida Building Code and Monroe County Section 6-103(b), the permit shall expire after 180 days; and

4.

If the permit expires, the applicant shall be required to reapply for the permit.

c.

For a floodplain development permit application that requires the services' technical assistance, Monroe County shall provide the application to the service weekly. Based on the services technical assistance, the applicant shall submit the FWS written requirements to the county. If the applicant agrees to the FWS requirements, in writing, Monroe County may then issue a notice to proceed that includes the technical assistance requirements, provided by the federal agency to avoid possible impacts on federally listed (threatened or endangered) species, as conditions in the Monroe County permit.

d.

For a development permit application that requires mitigation and/or compensation for adverse effects to native habitat, monetary compensation generated will be applied to restoration and/or purchase of native habitat.

e.

The county shall maintain an applicant acceptance form, of the service requirements, in the permit file.

f.

For purposes of this section the notice to proceed shall be written authorization from the Monroe County Growth Management Division to the permittee that the permitted development activities may begin.

g.

If the parcel is within an area previously covered by a habitat conservation plan, and where that habitat conservation plan has expired at the time of development permit application, the county shall apply the permit referral process in this section, unless mitigation was completed for the associated impacts.

h.

If the property owner does not agree to the FWS technical assistance requirements to be included in the development permit as conditions, the county shall not issue the notice to proceed and shall rescind the previously issued development permit.

i.

For properties located in Key Largo wood rat, Key Largo cotton mouse, silver rice rat and Lower Keys marsh rabbit habitat, property owners shall agree to execute and record a covenant restriction in favor of Monroe County which prohibits free ranging cats. This requirement alleviates direct and cumulative loss of species habitat which will not negatively impact the total number of new residential permits that may be issued under species assessment guides (SAGs).

(3)

Provision for flood hazard reduction and avoiding impacts on federally listed (threatened or endangered) species enforcement. All proposed development shall meet the conditions established on the floodplain development permit and/or notice to proceed, which includes FWS technical assistance requirements included as conditions on the Monroe County development permits, to avoid possible impacts on federally-listed species (threatened or endangered). Violation of this section, including any development constructed not in accordance with the FWS requirements, included as conditions on the Monroe County development permit, derived through use of the SAGs or through technical assistance by FWS, are hereby deemed to be violations of the County Code and may be enforced utilizing the administrative enforcement procedures set forth in Chapter 8, Monroe County Code of Ordinances. Further, Section 118-11 shall be utilized to require environmental restoration standards.

(4)

Permit issuance for previously tolled Rate of Growth Ordinance (ROGO) allocations, Non-Residential Rate of Growth Ordinance (NROGO) allocations or building permits/floodplain development permits. Building permits and allocations have been tolled under authority of Monroe County Resolutions 420-2005, 166-2006, 185-2007 and 219-2008 and 282-2011 as a result of the injunction prohibiting FEMA from issuing flood insurance policies under the National Flood Insurance Program which was imposed in the case of Florida Key Deer et. al., v. Fugate et. al., 90-10037-CIV-Moore.

a.

In order for those persons whose allocations or whose building permits were tolled to be eligible for federal flood insurance and meet their obligations under the Federal Endangered Species Act, the following is required:

1.

Owners with allocations who do not need coordination with FWS after they are processed through the permit referral process:

i.

Have 180 days from the date of a county issued written notice to pick up their building permits;

ii.

Have 300 days from the date of a county issued written notice, if there is a need to redesign an onsite wastewater treatment system, to receive a permit from the department of health (DOH) and pick up their building permits.

2.

Owners with building permits who do not need coordination with FWS after they are processed through the permit referral process:

i.

Have 180 days from the date of a county issued written notice, to recommence development and receive a passed inspection; or

ii.

Have 300 days from the date of a county issued written notice, if there is a need to redesign an onsite wastewater treatment system to receive a permit from the DOH, recommence development and receive a passed inspection.

(5)

Permit issuance for annual allocation awards from the Rate of Growth Ordinance (ROGO), Non-Residential Rate of Growth Ordinance (NROGO) allocations. Permit applications processed through the permit referral process that result in a "may affect determination" for the proposed development through the application of the species assessment guides which require the permittee to coordinate with FWS shall have a total of 360 days from the date of a county issued written notice to conclude the required coordination with FWS and pick up the building permit, and receive a notice to proceed from Monroe County. This timeframe may be extended by the planning director if the applicant can affirmatively demonstrate that he or she has timely and actively sought coordination.

(6)

Properties for which a permit has been issued and for which development has not commenced will be required to be processed through the permit referral process. Permit reviews that result in a "may affect determination" for the proposed development through the application of the species assessment guides which require the permittee to coordinate with FWS shall have a total of 360 days from the date of a county issued written notice to conclude the required coordination with FWS, commence development and receive a passed inspection from Monroe County. This timeframe may be extended by the planning director if the applicant can affirmatively demonstrate that he has timely and actively sought coordination.

(a)

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall accurately include, as applicable to the proposed development:

(1)

Identification and delineation of all flood hazard areas, flood zone(s), base flood elevation(s), and ground elevations necessary for the county's review of the proposed development.

(2)

Where base flood elevations are not included on the FIRM or in the flood insurance study, they shall be established in accordance with Section 122-13(b) of this chapter.

(3)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with Section 122-13(b)(1) of this chapter.

(4)

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; locations of new buildings which shall be located landward of the reach of mean high tide.

(5)

Location, and delineation and description of the extent, amount, and proposed final grades of any filling, grading, or excavation.

(6)

Where the placement of fill is proposed, description of the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and competent substantial evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

(7)

Delineation and description of the extent of any proposed alteration of sand dunes, dune ridges, or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.

The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a registered and/or licensed design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to render a determination of compliance with this chapter.

(b)

Information in flood hazard areas without base flood elevations (approximate zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator shall:

(1)

Require the applicant to include accurate base flood elevation data prepared in accordance with currently accepted engineering practices.

(2)

Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(c)

Additional analyses and certifications. For activities that propose to alter sand dunes, dune ridges, or mangrove stands in coastal high hazard areas (zone V) and coastal A zone, an engineering analysis signed and sealed by a qualified Florida licensed engineer that demonstrates that the proposed alteration will not increase the potential for flood damage shall be submitted with the site plan and construction documents.

(d)

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Inspections required. Development for which a floodplain development order or permit is required shall be subject to county inspection.

(b)

Development other than buildings and structures. The floodplain administrator shall inspect all development to determine or confirm compliance with the requirements of this chapter and the conditions of issued floodplain development orders or permits.

(c)

Buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine or confirm compliance with the requirements of this chapter and the conditions of issued floodplain development orders or permits.

(d)

Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator:

(1)

If a design flood elevation was used to determine the required elevation of the lowest floor, the FEMA elevation certificate prepared and sealed by a Florida licensed professional surveyor; or

(2)

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 122-13(b) of this chapter, the accurate documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(e)

Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or the owner's authorized agent shall submit to the floodplain administrator a final FEMA elevation certificate of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 122-14(d) of this chapter.

(f)

Manufactured homes. The floodplain administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine or confirm compliance with the requirements of this chapter and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the floodplain administrator.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Applicability. Prior to the transfer of ownership of any property occupied by an elevated residential structure with a below base flood enclosed area for which construction of the enclosed commenced on or after June 15, 1973, a county approved inspection of the below base flood enclosure shall be conducted. No earlier than 180 days prior to the transfer of the property, the seller or the prospective purchaser, with the seller's permission, shall have the required inspection conducted. The intent of this inspection, which is strictly limited to inspection of below base flood enclosures, is to identify for county records and purchasers any nonconformities or illegal structures or uses.

(b)

Inspections. Upon inspection request, the inspection required under this section shall be conducted by an inspector from the Building Department. Fees for inspections conducted by the Building Department shall be in accordance with the schedule established by resolution of the BOCC for inspections conducted under the county's flood insurance inspection and compliance program.

(c)

Inspection procedures and forms. All inspections required under this section shall be conducted in accordance with procedures and recorded on county forms approved by the floodplain administrator.

(d)

Inspection submittal requirements. The original inspection report, signed by the county inspector, shall be maintained by the Building Department and a copy shall be submitted to the seller, who has contacted the county, as provided above, and the purchaser, provided that the purchaser has contacted the county as provided above no later than ten days prior to the closing date for transfer of the subject property.

(e)

Failure to comply with inspection submittal requirements. Should the inspection required by this section not be completed, the seller and purchaser, if known, will be notified that the structure is in violation of this section. The purchaser and his or her successors and assigns may enforce the terms of this section in law or at equity. The purchaser may seek injunctive relief against the seller in a court of competent jurisdiction to prevent a violation of or otherwise in connection with a violation of this section. Attorney's fees and costs incurred in an action to enforce these regulations may be awarded to a substantially prevailing party at the discretion of the court. A purchaser may seek and the court may award treble damages as an aggrieved party. The sole intent of this inspection is to provide information for recording and monitoring improvements to below base flood enclosures subject to the county's floodplain regulations and in accordance with Monroe County Board of County Commission Resolution 440-2011, which does not require that the property be brought into compliance prior to or subsequent to transfer. The purpose of this inspection is not to identify other types of unpermitted improvements that are unrelated to the floodplain regulations in this chapter.

(f)

Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted improvements under the Pilot Inspection Program (under previous 44 CFR 59.30, repealed on July 5, 2018—FEMA terminated this program on June 28, 2013).

(g)

If the results of the inspection identify illegal unpermitted improvements, the requirements of the Florida Building Code applicable to enclosed areas below elevated buildings shall apply when a building permit is sought by an applicant.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Generally. Any property owner is eligible to obtain a certificate of compliance if they have obtained an inspection of an enclosure below base flood elevation by one of the following:

(1)

FEMA Insurance Inspection Program; or

(2)

Inspection at time of sale; or

(3)

Voluntary inspection.

The below base flood enclosure must have been found in compliance with the Monroe County floodplain regulations by Monroe County staff. Prior to obtaining the certificate, the owner must record a nonconversion agreement in the Monroe County official land records on a form to be provided by the county and approved by the floodplain administrator. Properties that have received their inspections prior to implementation of the certificate of compliance program may receive a certificate of compliance; however, a re-inspection (with no fee) shall be necessary to ensure compliance has been maintained and the owner must also record the nonconversion agreement, which must be recorded in the official records of Monroe County.

(b)

Outreach. Every two (2) years, the county will mail written notices to property owners, of which the county is aware own a building or structure with below base flood elevation living areas as follows:

(1)

The county will obtain data from the Monroe County Property Appraiser Office which will identify all single-family residences which contain enclosures that are identified as living area on the ground floor. Once this data is captured, county technical staff will deduct all the parcels that have already received inspections through the FEMA Insurance Inspection Pilot Program, transfer of ownership program, or through the previously applicable inspection on building permit program, and been made compliant.

(2)

The remaining property owners will be notified by regular mail that in order to receive a certificate of compliance, a county inspection is required of any below base flood elevation structures, to verify compliance with the Monroe County floodplain regulations. Owners will also be notified that noncompliant structures may be subject to code compliance proceedings.

(3)

If owners seek and obtain a certificate of compliance inspection, and the below base flood enclosures are determined by the county to be compliant, the owners will receive a certificate of compliance as outlined in this section. This is a proactive opportunity for property owners to receive evidence that they have a compliant structure which should, long term, create a positive real property market condition. If an owner has a noncompliant structure, he or she will be notified of all the required corrective actions necessary for the enclosure to become compliant and that county permits or approvals are required to authorize lawful construction and/or development.

(c)

Inspections. Inspections may be requested for a certificate of compliance according to this section or Section 122-15 for required inspections of residential structures prior to transfer of ownership.

(d)

Compliant structures. The county will provide a certificate of compliance to property owners with compliant below base flood enclosures after such property owners sign and record a nonconversion agreement (with a corresponding drawing or site plan demonstrating the permitted improvements allowed below base flood elevation attached to the agreement) in the official records of Monroe County. The nonconversion agreement shall be recorded in the official records of Monroe County so that future purchasers of properties understand what has been approved by the county for areas below base flood elevation. Property owners shall pay applicable recording fees.

(e)

Noncompliant structures. The county building official shall refer any noncompliant structures to the Code Compliance Department for enforcement through appropriate processes. Once compliance is achieved, if the below base flood enclosure has not been completely removed, a nonconversion agreement executed by the owner shall be recorded in the official records of Monroe County.

(f)

New construction. Owners of new construction that contains any type of below base flood enclosure, will be required to record a nonconversion agreement in the official records of Monroe County indicating the square footage permitted to be constructed below base flood elevations, with an accurate corresponding drawing or site plan showing/demonstrating the permitted improvements permitted, prior to receiving a certificate of occupancy.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Authority. The Division of Administrative Hearings (DOAH) shall hear and decide on requests for variances from the application of the allegedly strict letter of this chapter. Pursuant to F.S. § 553.73(5), the DOAH shall hear and decide on requests for variances from the application of the allegedly strict letter of the flood resistant construction requirements of the Florida Building Code. DOAH shall also hear and decide on requests for variances for at-grade wet floodproofed accessory structures in A/AE zones that are larger than 600 square feet but not larger than 1,000 square feet in size.

(b)

Variance 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 Department at the time of application for a building permit or floodplain development permit/order which seeks approval of development that is not authorized under the allegedly strict letter of this chapter or flood-resistant construction requirements of the Florida Building Code.

(2)

Within ten (10) days of receipt of a complete and properly and timely filed application for a variance from the allegedly strict letter of this chapter or of the flood-resistant construction requirements of the Florida Building Code, the floodplain administrator and the Building Official shall review the application, and submit a report and recommendation to the DOAH. The variance applicant may file a written objection to the report and recommendation within 30 calendar days of the date of filing of the report and recommendation.

(3)

The DOAH shall review the application and the reports and recommendations of the floodplain administrator and the building official and may consider granting the application for variance in accordance with this section.

(4)

In resolving a variance application under this section, county building, planning and environmental resources, and Code Compliance Department administrative staff interpretations of the Monroe County Codes, of the Florida Building Code, and of applicable federal laws, rules, and regulations, are legally entitled to deference and great weight, and such administrative interpretations should not be modified or overturned unless clearly erroneous. If such administrative staff interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed.

(c)

Limitations on authority to grant variances.

(1)

The DOAH shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 122-17(e) of this chapter, the conditions of issuance set forth in Section 122-17(g) of this chapter, and the reports and recommendations of the floodplain administrator and the building official. Variances for accessory structures in A/AE zones shall be subject to the conditions in Section 112-17(f).

(2)

When the DOAH considers the propriety of granting a variance, the following factors shall not be considered material or relevant to the hearing officer's decision:

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 or her family;

c.

The financial difficulty of the applicant in complying with the floodplain management provisions of this chapter or the Florida Building Code;

d.

The elevation of surrounding structures or buildings;

e.

The alleged difficulty of marketing, advertising, or selling the property, building, or structure;

f.

Any alleged difficulty related to a codified law, rule, regulation, or matter of record, which the applicant or members of his or her family, which he, she, or they were on actual or constructive notice of prior to acquiring the property, and could therefore have been avoided, or which may be characterized as a self-created hardship; or

g.

Non-unique or non-peculiar characteristics of the applicant's property, building, or structure.

(3)

The DOAH has the right to attach such conditions as it deems necessary to further the purposes, intent, goals, and objectives of this chapter.

(d)

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this chapter, provided the variance is the minimum necessary considering the flood hazard and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(e)

Considerations for issuance of variances. In reviewing requests for variances, the DOAH shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this chapter, and the following:

(1)

The danger that materials and/or debris may be swept onto other lands resulting in additional or further injury, harm or damage;

(2)

The danger to life and/or property due to flooding or erosion damage;

(3)

The susceptibility of the proposed development, including foreseeable contents thereof, to flood injuries, harm, or damage and their effects on current and future owners or occupants;

(4)

The importance of the services provided by the proposed development to the community;

(5)

The availability of alternate locations for the proposed development that are either not subject to flooding or erosion damage, for the proposed use, and the availability of alternate locations for the proposed development which are subject to lower risk of flooding or erosion;

(6)

The compatibility of the proposed development with existing and anticipated development, public services, and infrastructure;

(7)

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

(8)

The safety of access to the property in times of flooding for ordinary and emergency and first-responder vehicles;

(9)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

(10)

The costs of providing governmental services during and after flood conditions, including but limited to, debris removal and maintenance and repair of public utilities and facilities such as (including but limited to) sewer, gas, electrical and water systems, streets and bridges;

(11)

Whether granting the variance will result in increased public expenses, create a threat to public health and safety, create a public nuisance, or cause fraud or victimization of the public; and

(12)

Whether granting the variance will grant the applicant a special privilege denied to another property owner.

(f)

Conditions for issuance of a variance for accessory structures in A/AE zones. Variances shall be issued only upon:

(1)

Submission by the applicant, providing a legally sufficient description of the exceptional hardship that the applicant would incur if a variance were not granted;

(2)

Determination by the DOAH that the structure meets the definition of accessory structure, for floodplain management purposes, and is used only for parking or storage and:

a.

The request is for the construction or substantial improvement of an at-grade wet floodproofed accessory structures that is larger than 600 square feet but not larger than 1,000 square feet in size.

b.

Represents minimal investment and has low damage potential.

c.

Are one story and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.

d.

Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

e.

Have flood damage-resistant materials used below the base flood elevation plus one (1) foot.

f.

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot.

(g)

Conditions for issuance of other variances. Variances shall be issued only upon:

(1)

Submission by the applicant, of a showing of legally sufficient good cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this chapter or the required elevation standards;

(2)

Determination by the DOAH that:

a.

Failure to grant the requested variance would result in exceptional non-self-imposed hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

b.

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances;

c.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

d.

The granting of the requested variance will not result in worsening the expected heights, velocity, duration, rate of rise, and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

e.

The granting of the requested variance will not result in increased risk of dangers enumerated under Section 122-17(e)(1)—(3);

f.

The granting of the requested variance will not result in increased risk of injuries, harm, or damage enumerated under Section 122-17(e)(8)—(11);

g.

The granting of the requested variance will not result in increased public expenses, create a threat to public health and safety, create a public nuisance, or cause fraud or victimization of the public;

h.

The granting of the requested variance will not adversely affect the public service, infrastructure, and public policy considerations enumerated under Section 122-17(e)(6).

(3)

Receipt of a sworn or attested and notarized statement by the applicant that the variance, if granted, shall be recorded in the Office of the Monroe County Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and

(4)

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(g)

Appeal. An appeal of a variance determination may be submitted pursuant to Section 122-19. The failure to timely and properly file an appeal under this section shall constitute an irrevocable jurisdictional waiver of any rights to seek such a variance, for failure to exhaust available administrative remedies.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Authority. The Division of Administrative Hearings (DOAH) shall have the authority to hear and decide appeals from final administrative actions regarding the floodplain management provisions of this Land Development Code and the Florida Building Code. The BOCC retains the authority to, in its exclusive discretion, appoint a hearing officer who does not work for DOAH.

(b)

Standard of review. An appeal under this section shall be considered an appeal to an administrative tribunal and shall not be a hearing de novo but shall be limited to appellate review of the record created before the building official in his or her capacity as the Monroe County floodplain administrator and as more fully set forth at subsection (e)(2) of this section. The appellant shall be required to demonstrate that the building official's final administrative decision is clearly erroneous, based upon clearly convincing record evidence (i.e., clear and convincing standard of review). In resolving an appeal under this section, Monroe County building, planning and environmental resources, and Code Compliance Department staff interpretations of the Monroe County Comprehensive Plan, Monroe County ordinances, resolutions, and of the Monroe County Code(s), are legally entitled to deference, and shall not be overturned as long as said interpretation or application is in the range of permissible interpretations or applications.

(c)

Initiation. A notice of appeal (appeal) may be initiated by a real property owner who has received a final, written administrative decision from the Monroe County Building Official in his or her capacity as the Monroe County Floodplain Administrator regarding the floodplain management provisions of this Land Development Code, or by a non-governmental natural or legal person who as a result of a final administrative decision of the Monroe County Building Official in his or her capacity as the Monroe County Floodplain Administrator regarding the floodplain management provisions of this Land Development Code has suffered or will resultantly suffer a special injury differing in kind from that suffered by the community at large. For justiciability or standing purposes, the only interests covered by special injuries under this section are interests expressly protected by the Monroe County Comprehensive Plan or health and safety interests. It shall be legally insufficient for justiciability or standing purposes for an appellant to allege a special injury that is only different in degree from the community at large and that is not different in kind from the community at large. Further, for justiciability or standing purposes, an alleged special injury must exceed in degree the general interest in a community good. For example, take the following two non-exhaustive scenarios: A party's claim that a decision regarding the floodplain management provisions of this Code adversely affects his, her, or its interest in preserving property value(s) shall not be justiciable, and a party's claim that a decision regarding the floodplain management provisions of this Code adversely affects his, her, or its interest in environmental or natural resource protection shall not be justiciable.

(d)

Procedures. A notice of appeal in the form prescribed and approved by the building official and floodplain administrator must be filed with both the county administrator and with the Building Department within 30 calendar days of the final administrative action. Failure to file such appeal with both the county administrator and the Building Department within 30 calendar days of the final administrative action shall constitute a waiver of any rights under this section to appeal final administrative actions regarding the floodplain management provisions of this Land Development Code. Such waiver shall also constitute a waiver of any rights to appeal a separate but related decision of the building official or planning director on the basis of the building official's separate but related final administrative decision that was never properly and timely appealed under this section.

(1)

The notice of appeal must be notarized and must include the names and addresses of the appellant(s), development permit applicant(s) forming a party to the appeal, the number associated with each development permit forming a subject of the appeal, and the names of all owners of real property located adjacent or contiguous to the parcel of real property to which the appealed final administrative decision principally relates.

(2)

Upon receipt of a notice of appeal, the county shall deem it complete, and properly and timely filed, or shall deem it improperly or untimely filed, or incomplete. The county shall within 15 working days notify an Appellant if its notice of appeal is untimely or improperly filed or is incomplete. No further action shall be taken on the notice of appeal application unless the deficiencies are remedied. An untimely, improperly filed, or incomplete notice of appeal shall not constitute a valid, legally effective, or legally cognizable notice of appeal under this section, and in no event shall the 30-day jurisdictional period to file a notice of appeal under this section be tolled during any period in which a notice of appeal has been deemed improperly filed or incomplete. Any days following the issuance of the final administrative decision and the filing of a notice of appeal that the county later notifies the applicant is incomplete or improperly filed, shall be subtracted from the 30-day period by which an appellant must file a complete notice of appeal. For example, take the following non-exhaustive scenario: The final administrative decision is issued on Wednesday, January 1, 2020, the appellant files an incomplete notice of appeal on Wednesday, January 22, 2020, and the county notifies the appellant that the notice of appeal is incomplete on Monday, January 27, 2020. Between January 1st and January 22nd, the appellant has consumed 21 of its 30 calendar days to file a timely and complete notice of appeal; the days required by the county to notify the appellant of the notice of appeal's incompleteness shall not be counted against the 30-day period by which the appellant must properly file a complete notice of appeal. As of January 27th (the date of the County's notification to the appellant that the notice of appeal is incomplete) the appellant shall have nine days remaining (until February 5, 2020) to properly file a complete notice of appeal. If the appellant does not properly file a complete notice of appeal by February 5th, it would constitute a waiver of any rights to appeal under this section.

(3)

If the county determines the notice of appeal is complete, and properly and timely filed, it shall notify the appellant(s), and, at the appellant's expense, notify the development permit applicant(s) and the owners of real property located adjacent and contiguous to the parcel of real property to which the challenged administrative decision principally relates. Once the county determines that a notice of appeal has been properly and timely filed, and is complete, the county shall refer the appeal to DOAH with a request that an administrative law judge ("hearing officer") be assigned to conduct an appeal hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of county action. The notice of appeal will be forwarded to the BOCC.

(e)

Effect of filing an appeal.

(1)

Stay. The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the administrative decision appealed unless the building official certifies in writing to the assigned hearing officer, with a copy to the appellant(s) and development applicant(s) forming a party to the appeal, that a stay poses an imminent peril to life, safety, health or property, in which case the appeal shall not stay further permit activity or proceedings in furtherance of the administrative decision appealed. The hearing officer may, upon proper and timely motion, review such certification.

(2)

The record. The appellant's, and the appellant-as-applicant's, record shall close upon the date of the final administrative decision from the building official in his or her capacity as the Monroe County Floodplain Administrator. The county shall have 70 calendar days from the date the appellant's notice of appeal is deemed properly and timely filed, completed, and complete, in which to serve all parties and file with DOAH all staff reports and materials the final administrative decision relies upon.

(f)

Briefs. Briefs shall be typed or printed pursuant to the same rules for appellate briefs set forth in the Florida Rules of Appellate Procedure. The appellant(s) initial brief shall be served upon the attorney of record for Monroe County and filed with DOAH within 30 calendar days of notification of acceptance of such notarized notice of appeal. The answer brief shall be served upon appellant(s) and filed with DOAH within 30 calendar days of the filing and service of the initial brief. A reply brief must be served upon the attorney of record for Monroe County and filed with DOAH within 15 days of the filing and service of the answer brief.

(1)

All filed briefs shall contain the following:

a.

The style of the appeal;

b.

The case number, if any;

c.

The name of the party on whose behalf the brief is filed;

d.

The name, address, e-mail address, and telephone number of the person filing the brief;

e.

The electronic or non-electronic signature of the person filing the brief; and

f.

A certificate of service that copies have been furnished to all other parties to the appeal.

(2)

All initial briefs shall contain the following:

a.

A statement of all disputed issues of material fact. If there are none, the initial brief must so indicate;

b.

A concise statement of the ultimate facts alleged, including the specific facts the appellant contends warrant reversal of the building official's final administrative action; and

c.

An exhaustive statement of all specific local Code sections, ordinances, state statutes, or administrative rules the appellant contends require reversal of the building official's final administrative action, including an explanation of how the alleged facts relate to said Code sections, ordinances, state statutes, or administrative rules.

(g)

Judicial notice. A hearing officer shall take judicial notice of any matter set forth below when a party properly motions for it and gives each adverse party timely written notice of the request, proof of which is filed with the hearing officer, to enable the adverse party to prepare to meet the request and furnishes the court with sufficient information to enable it to take judicial notice of the matter.

(1)

Specifically identified (by pinpoint citation) duly enacted ordinances and resolutions of the Monroe County Board of County Commissioners.

(2)

Specifically identified (by pinpoint citation) provisions of the Monroe County Code of Ordinances and Monroe County Land Development Code.

(3)

Specifically identified (by pinpoint citation) objectives, policies, and provisions of the Monroe County Comprehensive Plan.

(4)

Specifically identified (by pinpoint citation) provisions in the Florida Building Code.

(5)

Specifically identified (by pinpoint citation) public statutory law and resolutions of the Florida Legislature and the Congress of the United States.

(6)

Specifically identified legislative staff reports and legislative materials prepared in connection with slip laws corresponding to public statutory law of the Florida Legislature and the Congress of the United States.

(7)

Specifically identified (by pinpoint citation) rules or regulations in the Code of Federal Regulations.

(8)

Specifically identified (by pinpoint citation) rules or regulations in the Florida Administrative Code.

Pursuant to the same requirements set forth in this subsection, a hearing officer may take judicial notice of the following matters: Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.

(h)

Computing time. In computing the jurisdictional period of time an appellant must file a notice of appeal under subsection (c) of this section, the day the final administrative decision is issued shall be included. In computing any other period of time under this section, the day of the act from which the period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday as that term is defined at Florida Rule of Judicial Administration 2.514(a)(6), in which event the period continues to run until the next day that is not a Saturday, Sunday, or legal holiday as that term is defined at Florida Rule of Judicial Administration 2.514(a)(6).

(i)

Service and hearing. The hearing officer shall set the time and place for the appeal hearing and shall serve written notice on all parties at their electronic address of record. If an unrepresented party has no electronic address of record, such written notice shall be sent to the party's street address of record. The hearing officer before whom an appeal is pending may issue any orders necessary to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the appeal.

(j)

Post-hearing submittals. Upon request of the hearing officer, parties may submit written proposed final orders within a time designated by the hearing officer.

(k)

Discovery. No discovery shall be taken in an appeal under this section. No subpoenas may be issued for documents or witnesses under this section. No testimony shall be taken in an appeal under this section. An argument, issue, or ground for relief not raised in an initial brief is deemed abandoned and waived and may not be raised for the first time in a reply brief.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this chapter which is performed without an issued county permit, that is non-compliant or in conflict with an issued permit, or that does not strictly and fully comply with this chapter, constitutes a violation of this chapter. A building or structure without competent documentation of the elevation of the lowest floor (FEMA elevation certificate), other required design certifications, or other competent substantial evidence of compliance required by this chapter or the Florida Building Code constitutes a violation thereof until such time as that documentation is provided. It being that violation of this chapter providing for floodplain regulations presents a serious threat to the public health, safety, and welfare, a violation of this chapter is and shall be held to be irreparable or irreversible in nature.

(b)

Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this chapter and which is determined to be a violation of this chapter, the floodplain administrator or his or her designee(s) is authorized to serve notices of violation, notices of hearing, cease and desist orders, or stop work orders to persons including but not limited to the owners of the property involved, to the property owner's agent, to tenants, residents, or guests at the property involved, or to the person or persons performing or facilitating the performance of the work. The floodplain administrator or his or her designee(s) is also authorized to serve citations for violations of this chapter, which shall be disposed of in county court. Service under this subsection may be accomplished by hand-delivery or attempted mailing (regular, certified, or registered), or by a method authorized under Section 8-34 of the Monroe County Code of Ordinances or F.S. § 162.12.

(c)

Continuing violations. Any person who continues any work on or use of a property, building, or structure, after having been served with a stop work order or cease and desist order ordering that such work or use must stop or cease and desist, except such work as that person is directed to lawfully perform to remove or remedy a violation or unsafe condition, shall be subject to any and all penalties prescribed by law. If any person or entity is found by an administrative hearing officer, the contractors examining board, or a court of competent jurisdiction, to have violated this chapter by continuing to perform such work subsequent to the issuance of a stop work order (red tag), the contractors examining board may take such action as it deems necessary and proper to cease such activity, including but not limited to suspension of the permit pulling privileges of any contractor performing such work. Any person who continues any work on or use of a property, building, or structure after having been served with a notice of hearing or notice of violation which includes a notice that it must be complied with by a specified date and that a fine or other penalties may be imposed, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. A final administrative order finding that a person has violated a cease and desist order previously issued by an administrative tribunal shall constitute prima facie evidence that the county has satisfactorily demonstrated a likelihood of irreparable harm, the unavailability of an adequate remedy at law, a substantial likelihood of success on the merits of the claim at issue in connection with the violation(s) for which the cease and desist order was issued by said tribunal, and consideration(s) of the public interest. A final administrative order finding that a person has violated a cease and desist order previously issued by an administrative tribunal shall constitute prima facie evidence of indirect contempt cognizable and enforceable by a court of competent jurisdiction, including but not limited to by sanctions and contempt order.

(d)

Joint and several liability. All owners, part owners, joint owners, tenants in common, tenants in partnership, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and holders of legal or beneficial title to or interest in a parcel of real property, building, or structure held in violation of this chapter, shall be jointly and severally liable with respect to any legal or equitable relief or judgment obtained by the county.

(e)

Injunctive relief. The county attorney is authorized to seek affirmative or negative injunctive relief authorizing or commanding compliance with this chapter through, including but not limited to, cessation of a use, or removal of a building or structure or a part or portion thereof, by motion for emergency, preliminary, or permanent injunction, including by ex parte motion, or other forms of equitable relief, from a court of competent jurisdiction, upon presentation of prima facie evidence of a violation of this chapter to such court.

(f)

Criminal remedy. Prosecution of violations of this chapter may be prosecuted in the name of the State of Florida by the prosecuting attorney thereof as more fully set forth in F.S. § 125.69(1). Any person found guilty of violating this chapter may be sentenced to up to sixty (60) days in jail or fined in an amount of up to $500.00 or be subject to both such imprisonment and fines.

(Ord. No. 026-2022, § 2, 11-15-2022)

All agreements for deed, purchase agreements, leases, or other contracts for sale or exchange or transfer of parcels/lots within special flood hazard areas in the unincorporated areas of the county shall carry the following flood hazard warning prominently displayed on such instrument, in at least 12-point boldfaced and regular-faced font and all-caps and lowercase type as follows:

"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 acquiring and making use of this property."

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 122-11(c) of this chapter, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 122-31 of this chapter.

(b)

Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated buildings shall comply with all the applicable requirements of the Florida Building Code and the following:

(1)

Enclosed areas below new and substantially improved one- and two-family dwellings, and below lateral additions to one- and two-family dwellings:

a.

In zone A/AE flood hazard areas, not more than 299 square feet may be permitted to be enclosed by walls of opaque materials, except for perimeter foundations (crawl/underfloor spaces that have a wall height less than 5 feet). Additional area may be enclosed with screening or open lattice. The size limitation shall not apply to areas enclosed for parking of aircraft below residential buildings abutting airport districts.

b.

In coastal high hazard areas (zone V) and coastal A zones, not more than 299 square feet may be permitted to be enclosed by breakaway walls of opaque materials. Additional area may be enclosed with screening or open lattice.

(2)

Nonconforming enclosed areas of 299 square feet or more below one- and two-family dwellings lawfully established and lawfully existing as of April 12, 2004, shall not be modified, improved, or expanded unless the enclosed areas are brought into compliance with the Florida Building Code, Residential Section R322 and this section.

(3)

Enclosed areas below other new and substantially improved buildings and structures shall comply with the requirements of Florida Building Code, Building and ASCE 24.

(4)

Applications that include enclosed areas below elevated buildings shall include a nonconversion agreement as specified in Section 122-11(i) of this chapter.

(c)

Minimum foundation requirements for buildings and structures within the scope of the Florida Building Code. Pursuant to the Florida Building Code, and Sections 6-147 and 6-148 of the Monroe County Code of Ordinances, the design of the foundation system for buildings within the scope of the Florida Building Code shall be provided by a geotechnical engineer registered in the State of Florida in a site-specific geotechnical report submitted per requirements of Section 1803.6 of the Florida Building Code. The foundation design shall be the more stringent of recommendations of the report and meet the following minimum requirements:

(1)

All structures or building foundations shall be anchored/socketed into natural rock. This includes, but is not limited to, auger cast concrete piles, precast concrete piles or wooden piles.

(2)

All concrete piling shall have full depth reinforcing to effectively resist the internal forces induced by the design loads, without failure.

(3)

All piling shall be anchored to the natural rock with a 14-inch minimum diameter augured socket and a minimum embedment of 3 feet.

(4)

The pile foundation support system shall be designed to resist the required lateral loading for an unsupported height defined by a full scour condition. The construction documents shall include a statement that the design has been completed and certified for a full scour condition for lateral stability to the elevation of the supporting rock and in accordance with ASCE 24.

(5)

Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling and have adequate rock penetration to resist the combined wave and wind loads (lateral and uplift).

(d)

At-grade residential detached accessory structures. At-grade detached accessory structures are permitted provided the accessory structures are used only for parking or storage and:

(1)

If located in special flood hazard areas (zone A/AE), other than coastal high hazard areas, are one-story and not larger than 600 square feet and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.

a.

A variance, in accordance with Section 122-17, may be authorized for the construction or substantial improvement of at-grade detached accessory structures larger than the size limits specified in subsection (1) but not larger than 1,000 square feet in size.

(2)

If located in coastal high hazard areas (zone V/VE and coastal A zones), are not located below elevated buildings and are not larger than 100 square feet.

(3)

Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

(4)

Have flood damage-resistant materials used below the base flood elevation plus one (1) foot.

(5)

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot.

(6)

Applications for detached accessory structures shall include a nonconversion agreement as specified in Section 122-11(i) of this chapter.

(e)

Nonresidential detached accessory structures. In all flood hazard areas, nonresidential detached accessory structures shall comply with the requirements of Florida Building Code, Building and ASCE 24, including, but not limited to, elevation or dry floodproofing requirements. Applications for detached accessory structures shall include a nonconversion agreement as specified in Section 122-11(i) of this chapter.

(Ord. No. 026-2022, § 2, 11-15-2022; Ord. No. 020-2023, § 2, 9-20-2023)

(a)

Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(2)

All public utilities and facilities such as (including but not limited to) sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(b)

Subdivision plats. .....Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(1)

Delineation of flood hazard areas and flood zones, and design flood elevations, as appropriate, shall be accurately depicted and described on preliminary plats;

(2)

Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 122-13(b)(1) of this chapter; and

(3)

Compliance with the site improvement and utilities requirements of Section 122-22 of this chapter.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Minimum requirements. All proposed new development shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(2)

All public utilities and facilities such as (including but not limited to) sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(b)

Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Joints between sewer drain components shall be sealed with caulking, plastic, or rubber gaskets, and manhole covers shall be sealed in a similar manner. Sewer systems which extend below the base flood elevation shall have backflow prevention valves or devices.

(c)

Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.

(d)

Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (zone A only), fill shall comply with the requirements of the Florida Building Code.

(e)

Limitations on sites in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, alteration of sand dunes, dune ridges, and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 122-13(c) of this chapter demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 122-31(e)(3) of this chapter.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. 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.

(b)

Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that:

(1)

In flood hazard areas (zone A), other than coastal high hazard areas and coastal A zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this chapter.

(2)

In coastal high hazard areas (zone V) and coastal A zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this chapter.

(c)

Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.

(d)

Elevation requirement. All manufactured homes that are placed, replaced, or substantially improved shall be elevated such that the lowest floor and mechanical equipment is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (zone A) or Section R322.3 (zone V).

(e)

Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such enclosed areas, as applicable to the flood hazard area.

(f)

Additions. Solid wall additions to manufactured homes shall be permitted provided:

(1)

The addition is constructed under the HUD (Department of Housing and Urban Development) standards and contains a HUD seal;

(2)

The addition is elevated as required in Section 122-28(d); and

(3)

The addition is structurally independent (fourth wall construction) or certified by a registered design professional.

(g)

Screen rooms, open decks and porches. Screen rooms, open decks and porches are permitted if structurally independent (fourth wall construction).

(h)

Utility equipment. Utility equipment that serves manufactured homes, including (but not limited to) electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:

(1)

Be on the site for fewer than 180 consecutive days; or

(2)

Be fully licensed and ready for highway use, which means that the recreational vehicle or park trailer in question is on wheels or a jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as (including but not limited to) additions, rooms, stairs, decks and porches.

(b)

Permanent placement. Recreational vehicles and park trailers shall not be permanently placed, installed, or anchored.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.

(b)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 122-30(c) of this chapter shall:

(1)

Be permitted in flood hazard areas (zone A) other than coastal high hazard areas and coastal A zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

(2)

Not be permitted in coastal high hazard areas (zone V) and coastal A zones.

(c)

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.

(d)

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

(1)

At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

(2)

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(Ord. No. 026-2022, § 2, 11-15-2022)

(a)

General requirements for other development. All development, including, but not limited to, man-made changes to improved or unimproved real property, including utilities, for which specific provisions are not specified in this chapter or the Florida Building Code, shall:

(1)

Be lawfully located and constructed to minimize flood damage;

(2)

Be lawfully anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including, but not limited to, the effects of buoyancy, during conditions of the design flood;

(3)

Be constructed of flood damage-resistant materials; and

(4)

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided that it conforms to all of the provisions of the electrical part of building code or other pertinent code(s) for wet locations.

(b)

Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (zone V) and coastal A zones. In addition to meeting all requirements of the Florida Building Code, for parcels in whole or in part in coastal high hazard areas and coastal A zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided that the concrete slabs are professionally designed and lawfully constructed to be:

(1)

Structurally independent of the foundation system of the building or structure;

(2)

Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any building or structure; and

(3)

Have a maximum slab thickness of not more than four (4) inches.

(c)

Decks and patios in coastal high hazard areas (zone V) and coastal A zones. In addition to the meeting all requirements of the Florida Building Code, in coastal high hazard areas and coastal A zones, decks and patios shall be located, professionally designed, and lawfully constructed in compliance with the following:

(1)

A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck.

(2)

A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be professionally designed and lawfully constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.

(3)

A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional competently and substantially demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures.

(4)

A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection.

(d)

Other development in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, development activities other than buildings and structures shall be permitted only if also authorized by all the appropriate or required federal, state or local authority(ies); if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals competently and substantially demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:

(1)

Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

(2)

Solid fences and privacy walls, and fences prone to trapping debris, unless professionally designed and lawfully constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and

(3)

On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems.

(e)

Nonstructural fill in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones:

(1)

Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings provided that the nonstructural fill does not exceed two (2) feet in depth.

(2)

Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional competently and substantially demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.

(3)

Where authorized by the Florida Department of Environmental Protection or applicable local federal, or other state approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

(Ord. No. 026-2022, § 2, 11-15-2022)